18148 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area 

State submittal 

date/Adopted date 

EPA approval date 

and citation 3 Explanations 

(12) SIP to meet Air Quality Monitoring 40 CFR part 58, subpart 

c, paragraph 58.20 and public 

notification required under section 127 of the Clean Air Act.

Statewide .......... Submitted: 1/17/80 8/12/80, 45 FR 

53475.

(13) Stack Height Demonstration 

Analysis.

Statewide .......... Submitted: 4/18/86 

and 7/21/87.

6/7/89, 54 FR 

24334.

(14) Visibility New Source Review 

and Visibility Monitoring.

Statewide .......... Submitted: 1/26/88 9/28/88, 53 FR 

37757.

(15) Commitment to revise stack 

height rules in response to 

NRDC v. Thomas, 838 F.2d 

1224 (DC Cir. 1988).

Statewide .......... Submitted: 5/11/88 11/14/88, 53 FR 

45763.

See also 40 CFR 52.1832. 

(16) Visibility General Plan and 

Long-term Strategy.

Statewide .......... Submitted: 4/18/89 10/5/89, 54 FR 

41094.

See also 40 CFR 52.1831. 

(17) Group III PM10 SIP ................ Statewide .......... Submitted: 4/18/89 8/9/90, 55 FR 

32403.

See additional interpretive materials 

cited in 55 FR 32403, 8/9/90. 

(18) Commitment to meet all requirements of EPA’s Guideline 

on Air Quality Models (revised) 

for air quality modeling demonstrations associated with the 

permitting of new PSD sources, 

PSD major modifications, and 

sources to be located in nonattainment areas.

Statewide .......... Submitted: 2/14/92 6/26/92, 57 FR 

28619.

See additional interpretive materials 

cited in 57 FR 28619, 6/26/92. Also 

see 40 CFR 52.1824. 

(19) Small Business Assistance 

Program (SIP Chapter 12).

Statewide .......... Submitted: 11/2/92 

and 1/18/93.

1/11/94, 59 FR 

1485.

See additional interpretive materials 

cited in 59 FR 1485, 1/11/94. 

(20) Revisions to SIP Chapter 8, 

Section 8.3.1.

........................... Submitted: 3/8/07 5/27/08, 73 FR 

30308.

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. E9–9020 Filed 4–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0863; FRL–8784–2] 

Revisions to the California State 

Implementation Plan, Approval of the 

Ventura County Air Pollution Control 

District—Reasonably Available Control 

Technology Analysis 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Ventura County Air 

Pollution Control District portion of the 

California State Implementation Plan 

(SIP). These revisions were proposed in 

the Federal Register on December 12, 

2008 and concern the District’s analysis 

of whether its rules met reasonably 

available control technology (RACT) 

under the 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). We are approving the 

analysis under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on May 21, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0863 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 12, 2008 (73 FR 75626), 

EPA proposed to approve the following 

document into the California SIP. 

Local agency Document Adopted Submitted 

VCAPCD .......................... 2006 Reasonably Available Control Technology Analysis .............................. 06/27/06 ......................... 01/31/07 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18149 

We proposed to approve this analysis 

and certification because we determined 

that they complied with the relevant 

CAA requirements. Our proposed action 

contains more information on the 

submitted RACT analysis and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, no comments were received. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted RACT analysis complies with 

the relevant CAA requirements under 

the 8-hour ozone NAAQS. Therefore, as 

authorized in section 110(k)(3) of the 

Act, EPA is fully approving this 

document into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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 June 22, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 5, 2009. 

Jane Diamond, 

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)(358)(i)(B) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(358) * * * 

(i) * * * 

(B) Ventura County Air Pollution 

Control District. 

(1) Ventura County Air Pollution 

Control Board Resolution approving and 

adopting the 2006 Reasonably Available 

Control Technology State 

Implementation Plan Revision, dated 

June 27, 2006. 

(2) Final Ventura County Air 

Pollution Control District 2006 

Reasonably Available Control 

Technology (RACT) State 

Implementation Plan (SIP) Revision, 

including Tables A–1, A–2, B, C, and D, 

dated June 27, 2006. 

* * * * * 

[FR Doc. E9–9021 Filed 4–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8071] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

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