37976 Federal Register / Vol. 68, No. 123 / Thursday, June 26, 2003 / Rules and Regulations 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2).

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 25, 2003. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

approving the Allegheny County Health 

Department FESOP, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds.

Dated: June 4, 2003. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(209) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * * 

(209) Revisions to the Allegheny 

County, Pennsylvania Regulations for a 

federally enforceable state operating 

permit program, submitted on 

November 9, 1998 and March 1, 2001, 

by the Pennsylvania Department of 

Environmental Protection on behalf of 

the Allegheny County Health 

Department: 

(i) Incorporation by reference. 

(A) Letters of November 9, 1998 and 

March 1, 2001 from the Pennsylvania 

Department of Environmental 

Protection, on behalf of the Allegheny 

County Health Department, transmitting 

a federally enforceable state operating 

permit program. 

(B) Addition of the following 

Allegheny County Health Department 

Rules and Regulations, Article XXI Air 

Pollution Control: 

(1) Regulation 2101.05, Regulation 

2103.12—effective March 31, 1998. 

(2) Regulation 2103.01, Regulation 

2103.11, Regulation 2103.13, Regulation 

2103.15—effective October 20, 1995. 

(3) Regulation 2103.14—effective 

January 12, 2001. 

(ii) Additional Material—Remainder 

of the State submittal(s) pertaining to 

the revisions listed in paragraph 

(c)(209)(i) of this section.

* * * * *

[FR Doc. 03–16024 Filed 6–25–03; 8:45 am] 

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[CA–282–0389; FRL–7515–4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; 1-Hour Ozone Standard for 

San Diego, CA

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to 

redesignate the San Diego County area 

to attainment for the 1-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). EPA is also approving a 1-

hour ozone maintenance plan and motor 

vehicle emissions budgets as revisions 

to the San Diego portion of the 

California State Implementation Plan 

(SIP).

EFFECTIVE DATE: This action is effective 

July 28, 2003.

ADDRESSES: You can inspect copies of 

the docket for this action during normal 

business hours at EPA’s Region IX 

office. Please contact John Kelly if you 

wish to schedule a visit. You can 

inspect copies of the submitted SIP 

materials at the following locations:

U.S. EPA, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–

3901. 

California Air Resources Board, 1001 I 

Street, Sacramento, California, 95812. 

San Diego County Air Pollution Control 

District, 9150 Chesapeake Drive, San 

Diego, CA 92123–1096.

The plan is also available 

electronically at: http://

www.sdapcd.co.san-diego.ca.us/reports/

RedesigPlan.pdf.

FOR FURTHER INFORMATION CONTACT: John 

J. Kelly, EPA Region IX, (415) 947–4151, 

or kelly.johnj@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to EPA. 

I. Background 

On March 20, 2003 (68 FR 13653–

13657), we proposed to redesignate the 

San Diego County area to attainment for 

the 1-hour ozone National Ambient Air 

Quality Standard (NAAQS). We also 

proposed to approve a 1-hour ozone 

maintenance plan and motor vehicle 

emissions budgets as revisions to the 

San Diego portion of the California State 

Implementation Plan. The maintenance 

plan and budgets are contained in the 

Ozone Redesignation Request and 

Maintenance Plan for San Diego County, 

which was adopted December 11, 2002 

by the board of the San Diego County 

Air Pollution Control District 

(‘‘SDCAPCD’’) and submitted by the 

California Air Resources Board on 

December 20, 2002. 

In our March proposal, we stated that 

final approval would be contingent 

upon our affirmative finding that the 

latest update to California’s motor 

vehicle emissions model, known as 

EMFAC2002, is acceptable for purposes 

of SIP development and transportation 

conformity. On April 1, 2003, we 

published a Federal Register notice, 

stating our conclusion that the 

EMFAC2002 emission factor model is 

acceptable for use in SIP development 

and transportation conformity. (68 FRN 

15720–15723) 

The proposal contains detailed 

information on the SIP submittal and 

our evaluation of the submittal against 

applicable CAA provisions and EPA 

policies relating to 1-hour ozone 

maintenance SIPs, redesignations and 

budgets. 

II. Public Comments 

We received no public comment on 

our proposed action. 

III. EPA Action 

In this document we are finalizing our 

proposed approval of the Ozone 

Redesignation Request and Maintenance 

Plan for San Diego County (December 

2002), as meeting applicable provisions 

for 1-hour ozone maintenance plans, 

under CAA sections 175A and 110(k)(3). 

As part of this action, we are finalizing 

approval for the following specific plan 

elements. We indicate on which page of 

our proposal the element is discussed. 

(1) Approval of the emissions 

inventories for 2001, 2005, 2010, and 

2014, under CAA section 172(c)(3) and 

175A (68 FR 13654).

Federal Register / Vol. 68, No. 123 / Thursday, June 26, 2003 / Rules and Regulations 37977

(2) Approval of the maintenance 

demonstration through 2014, under 

CAA section 175A (68 FR 13654).

(3) Approval of the SDCAPCD 

commitment to continue ambient 

monitoring of the 1-hour ozone NAAQS, 

under CAA section 175A (68 FR 13655). 

(4) Approval of the SDCAPCD 

commitment to track progress through 

annual review of monitoring data for the 

most recent three consecutive years, to 

verify continued attainment of the 1-

hour ozone NAAQS, under CAA section 

175A (68 FR 13655). 

(5) Approval of the contingency 

measures, under CAA section 175A(d) 

(68 FR 13655). 

(6) Approval of the 2010 and 2014 

motor vehicle emissions budgets for 

volatile organic compounds (VOC) and 

nitrogen oxides (NOX), under CAA 

sections 176(c)(2), as adequate for 

maintenance of the 1-hour ozone 

NAAQS and for transportation 

conformity purposes (68 FR 13655). 

Finally, we are redesignating San 

Diego County to attainment for the 1-

hour ozone standard under CAA section 

107(d)(3)(E). 

As discussed, we finalize these 

actions, in view of the fact that in a 

separate action, we have found that the 

EMFAC2002 emission factor model is 

acceptable. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 25, 2003. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: June 6, 2003. 

Alexis Strauss, 

Acting Regional Administrator, Region IX.

■ Part 52 Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for Part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

■ 2. Section 52.220 is amended by 

adding paragraph (c)(313) to read as 

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * * 

(313) New and amended plan for the 

following agency was submitted on 

December 20, 2002, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) San Diego County Air Pollution 

Control District. 

(1) Ozone Redesignation Request and 

Maintenance Plan for San Diego County, 

including motor vehicle emissions 

budgets for 2010 and 2014, Resolution 

#02–389, adopted on December 11, 

2002.

* * * * *

37978 Federal Register / Vol. 68, No. 123 / Thursday, June 26, 2003 / Rules and Regulations 

PART 81—[AMENDED]

■ 1. The authority citation for Part 81 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

■ 2. In § 81.305, the California Ozone (1–

Hour Standard) table is amended by 

revising the entry for the San Diego area 

to read as follows:

§ 81.305 California.

* * * * *

CALIFORNIA—OZONE (1.–HOUR STANDARD) 

Designated area Designation Classification 

Date1 Type Date1 Type 

* * * * * * * 

San Diego Area: San Diego County .............................................. 7/28/03 Attainment 

* * * * * * * 

1This date is November 15, 1990, unless otherwise noted. 

* * * * *

[FR Doc. 03–16029 Filed 6–25–03; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 303 

RIN 0970–AC09 

Child Support Enforcement Program; 

Federal Tax Refund Offset

AGENCY: Office of Child Support 

Enforcement (OCSE), Health and 

Human Services (HHS).

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule revises 

existing regulations on collecting child 

support arrears through the Federal Tax 

Refund Offset process. The revisions are 

needed to reflect changes in OCSE’s 

data processing protocols with the 

Department of the Treasury. We are also 

taking this opportunity to update the 

regulation to reflect current business 

practices and requests from State Child 

Support Enforcement agencies.

DATES: These regulations are effective 

June 26, 2003. Consideration will be 

given to comments received by August 

25, 2003.

ADDRESSES: Send comments to: Office of 

Child Support Enforcement, 

Administration for Children and 

Families, 370 L’Enfant Promenade, SW., 

4th floor, Washington, DC 20447. 

Attention: Director, Division of Policy, 

Mail Stop: OCSE/DP. Comments will be 

available for public inspection Monday 

through Friday 8:30 a.m. to 5 p.m. on 

the 4th floor of the Department’s offices 

at the above address. You may also 

transmit written comments 

electronically via the Internet at: 

http://www.acf.hhs.gov/hypernews/. To 

download an electronic version of the 

rule, you may access the Office of Child 

Support Enforcement Policy page at: 

http://www.acf.hhs.gov/programs/cse/

csepol_r.htm.

FOR FURTHER INFORMATION CONTACT:

Eileen Brooks, Division of Policy, OCSE, 

202–401–5369, e-mail: 

ebrooks@acf.hhs.gov. Deaf and hearingimpaired individuals may call the 

Federal Dual Party Relay Service at 1–

800–877–8339 between 8 a.m. and 7 

p.m. eastern time.

SUPPLEMENTARY INFORMATION: 

Statutory Authority 

This regulation is issued under the 

authority granted to the Secretary of 

Health and Human Services (the 

Secretary) by section 1102 of the Social 

Security Act (the Act), 42 U.S.C. 1302. 

Section 1102 of the Act authorizes the 

Secretary to publish regulations that 

may be necessary for the efficient 

administration of the functions for 

which he is responsible under the Act. 

Justification for Interim Final Rule 

The Administrative Procedure Act 

requirements for notice of proposed 

rulemaking do not apply to rules when 

the agency finds that notice is 

impracticable, unnecessary or contrary 

to the public interest. We find proposed 

rulemaking unnecessary because the 

rule is not imposing new requirements 

or burdens on States, but is removing 

administrative requirements and 

burdens, principally the requirement 

that the support be 3 months delinquent 

before the debt is referred for Federal 

tax refund offset. The rule also removes 

the requirement to submit written 

notices, which requires the States to 

transmit a separate paper response or to 

submit referrals by magnetic tape. 

Under the new procedures, notices and 

referrals will be sent electronically 

which is much simpler for the States. 

Finally, the rule incorporates several 

policies which are already in effect and, 

therefore, advance notice and comment 

is unnecessary. The policies are being 

included in the regulations in order to 

have all the information pertaining to 

the submission of Federal tax refund 

offset cases in one place. 

Background 

The Federal Tax Refund Offset 

program collects past-due child support 

payments from the Federal tax refunds 

of parents who have been ordered to pay 

child support. The program is a 

collaborative effort between OCSE, the 

Internal Revenue Service, the Financial 

Management Service of the Department 

of the Treasury and State Child Support 

Enforcement agencies. 

The Federal Tax Refund Offset 

program was enacted by Congress in 

1981 and was originally restricted to 

child support debts owed in public 

assistance cases. It was expanded in 

1984 to include child support debts in 

non-assistance cases. Federal Tax 

Refund Offset is a mandatory child 

support enforcement tool and must be 

used if a case meets the criteria found 

at 45 CFR 303.72. Essentially, in order 

for the Federal Tax Refund Offset 

remedy to be applied, the amount of 

unpaid child support (arrears) must 

meet a minimum threshold: $150 if the 

custodial parent is receiving services 

under title IV–A of the Act (assigned 

arrears) or $500 if services are provided 

in a non-assistance case under title IV–

D (unassigned arrears). After ensuring 

that the case information is current, the 

State IV–D agency notifies OCSE which 

reviews the request. If it qualifies, OCSE 

forwards the request to the Treasury to 

offset any Federal tax refund due to the 

noncustodial parent. The noncustodial 

parent is notified at the time the case is 

initially submitted by the State to OCSE