[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Rules and Regulations]               
[Page 57820-57824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[CA087-DESIG; FRL-7568-3]

 
Clean Air Act Area Designations; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of minor changes in the boundaries 
between areas in Southern California established under the Clean Air 
Act for purposes of addressing the national ambient air quality 
standards (NAAQS) for 1-hour ozone, particulate matter (PM-10), carbon 
monoxide (CO), nitrogen dioxide (NO2), and sulfur dioxide (SO2), and 
the prior NAAQS for total suspended particulate matter (TSP).
    We are approving these boundary changes under the Clean Air Act as 
amended in 1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on November 6, 2003.

ADDRESSES: You can inspect copies of the administrative record for this 
action at EPA's Region IX office during normal business hours by 
appointment. If you wish to schedule a visit, please contact Dave 
Jesson, as indicated below. You can inspect copies of the submitted 
materials by appointment at the following locations:

EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
California Air Resources Board, 1001 ``I'' Street, Sacramento, CA 
95814.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, at (415) 972-3957, or jesson.david@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

I. Proposed Action

    On August 15, 2003 (68 FR 48848), we proposed to approve minor 
revisions to the boundaries of the Los Angeles-South Coast Air Basin 
Area (``South Coast Air Basin'') and the Southeast Desert Air Basin.\1\ 
These revisions were requested on November 18, 2002, by the California 
Air Resources Board (CARB) under CAA section 107(d)(3)(D), which 
authorizes States to submit revised area designations.
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    \1\ The Los Angeles-South Coast Air Basin Area includes all of 
Orange County and the more populated portions of Los Angeles, San 
Bernardino, and Riverside Counties. The Southeast Desert Air Basin 
includes portions of Los Angeles, San Bernardino, and Riverside 
Counties. For a description of the current boundaries of the basins 
and subareas for each pollutant, see 40 CFR 81.305.
---------------------------------------------------------------------------

    The purposes of CARB's request are to:
    (1) enlarge the South Coast Air Basin to include the Banning Pass 
area, thereby excluding the area from the Southeast Desert;
    (2) harmonize the boundaries of the Coachella Valley area \2\ by 
changing them to match the PM-10 area boundaries; and
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    \2\ The Coachella Valley area is part of the Southeast Desert 
nonattainment area for ozone and is its own PM-10 nonattainment 
area.
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    (3) correct the eastern boundary of the South Coast Air Basin with 
respect to CO.
    We proposed to approve these redesignations and apply the boundary 
changes to all affected pollutants, because the revisions comply with 
the relevant provisions of CAA section 107(d)(3)(D) and apply equally 
to other pollutants for which the areas have existing designations. Our 
proposed action contains more information about the proposed revisions 
and our evaluation.

[[Page 57821]]

II. Public Comments and EPA Responses

    Our proposed action provided a 30-day public comment period. During 
this period, we received no comments.

III. EPA Action

    As authorized in section 107(d)(3)(D), EPA is taking final action 
to:
    (1) revise the boundary of the South Coast Air Basin to incorporate 
the Banning Pass;
    (2) amend the boundary of the Coachella Valley area (Riverside 
County portion of the Southeast Desert Air Basin for 1-hour ozone) to 
correspond to the PM-10 boundary for the area; and
    (3) approve the State's request to make a typographical correction 
to the boundary of the South Coast Air Basin with respect to CO.
    We are making the first two changes for all pollutants for which 
the areas are designated in our regulations (40 CFR Part 81). Thus, the 
boundary changes apply to 1-hour ozone, PM-10, CO, NO2, 
SO2, and TSP. We are amending the descriptions of the areas 
in 40 CFR 81.305 for TSP, CO, 1-Hour Ozone, and NO2. No 
changes are required in the 40 CFR 81.305 designation tables for PM-10 
and SO2, since the tables for these pollutants do not 
specify boundaries and the area names need not be changed.

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 (Pub. L. 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. section 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. 
section 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 December 8, 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 in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: September 23, 2003.
Deborah Jordan,
Acting Regional Administrator, Region IX.

0
Part 81, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. Section 81.305 is amended as follows:
0
a. In the table for ``California-TSP'' by revising the entry for 
Riverside County under ``Southeast Desert Air Basin'';
0
b. In the table for ``California--Carbon Monoxide'' by revising the 
entry for Riverside County (part) under ``Los Angeles-South Coast Air 
Basin Area''; by revising the entry for San Bernandino County (part) 
under ``Los Angeles-South Coast Air Basin Area''; and by revising the 
entry for Riverside County (part) under the ``Southeast Desert Air 
Basin'';
0
c. In the table for ``California--Ozone (1-Hour Standard)'' by revising 
the entry for Riverside County (part) under ``Los Angeles-South Coast 
Air Basin Area''; and by revising the entry for Riverside County (part) 
under the ``Southeast Desert modified AQMA area'';
0
d. In the table for ``California-NO2'' by revising the entry for 
``Riverside County (portion within S.E. Desert AQMA) County''; and by 
revising the entry for ``Riverside County, non-AQMA portion County.''
    The revisions read as follows:


Sec.  81.305  California.

[[Page 57822]]



                                                                     California--TSP
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                                            Does not
                                              meet                                                 Cannot be
             Designated area                primary        Does not meet secondary standards       classified        Better than national standards
                                           standards
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                                                                      * * * * * * *
Southeast Desert Air Basin:

                                                                      * * * * * * *
    Riverside County (Coachella Valley    ...........  .........................................            X  .........................................
     planning area).
    Riverside County (remainder of
     County).

                                                                      * * * * * * *
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                                                               California--Carbon Monoxide
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
    Los Angeles--South Coast Air Basin
     Area Attainment.

                                                                      * * * * * * *
Riverside County (part) that portion of
 Riverside County which lies to the west
 of a line described as follows:
    1. Beginning at the Riverside-San     ...........  Nonattainment............................  ...........  Serious
     Diego County boundary and running
     north along the range line common
     to Range 4 East and Range 3 East,
     San Bernardino Base and Meridian;
    2. then east along the Township line
     common to Township 8 South and
     Township 7 South;
    3. then north along the range line
     common to Range 5 East and Range 4
     East;
    4. then west along the Township line
     common to Township 6 South and
     Township 7 South to the southwest
     corner of Section 34, Township 6
     South, Range 4 East;
    5. then north along the west
     boundaries of Sections 34, 27, 22,
     15, 10, and 3, Township 6 South,
     Range 4 East;
    6. Then west along the Township line
     common to Township 5 South and
     Township 6 South;
    7. Then north along the range line
     common to Range 4 East and Range 3
     East;
    8. Then west along the south
     boundaries of Sections 13, 14, 15,
     16, 17, and 18, Township 5 South,
     Range 3 East;
    9. then north along the range line
     common to Range 2 East and Range 3
     East to the Riverside-San
     Bernardino county line.
San Bernardino County (part)--that        ...........  Nonattainment............................  ...........  Serious
 portion of San Bernardino County which
 lies south and west of a line described
 as follows:
    1. Beginning at the San Bernardino-
     Riverside County boundary and
     running north along the range line
     common to Range 3 East and Range 2
     East, San Bernardino Base and
     Meridian;
    2. Then west along the Township line
     common to Township 3 North and
     Township 2 North to the San
     Bernardino-Los Angeles County
     boundary.

                                                                      * * * * * * *
Southeast Desert Air Basin

                                                                      * * * * * * *
    Riverside County (part) Portion       ...........  Unclassifiable/Attainment.
     excluding Los Angeles-South Coast
     Air Basin.

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

[[Page 57823]]


* * * * *


                                                           California--Ozone (1-Hour Standard)
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
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                                                                      * * * * * * *
Los Angeles--South and Coast Air Basin
 Area

                                                                      * * * * * * *
Riverside County (part) that portion of
 Riverside County which lies to the west
 of a line described as follows:
    1. Beginning at the Riverside-San        11/15/90  Nonattainment............................     11/15/90  Extreme.
     Diego County boundary and running
     north along the range line common
     to Range 4 East and Range 3 East,
     San Bernardino Base and Meridian;
    2. then east along the Township line
     common to Township 8 South and
     Township 7 South;
    3. then north along the range line
     common to Range 5 East and Range 4
     East;
    4. then west along the Township line
     common to Township 6 South and
     Township 7 South to the southwest
     corner of Section 34, Township 6
     South, Range 4 East;
    5. then north along the west
     boundaries of Sections 34, 27, 22,
     15, 10, and 3, Township 6 South,
     Range 4 East;
    6. then west along the Township line
     common to Township 5 South and
     Township 6 South;
    7. then north along the range line
     common to Range 4 East and Range 3
     East;
    8. then west along the south
     boundaries of Sections 13, 14, 15,
     16, 17, and 18, Township 5 South,
     Range 3 East;
    9. then north along the range line
     common to Range 2 East and Range 3
     East to the Riverside-San
     Bernardino county line.

                                                                      * * * * * * *
Southeast Desert Modified AQMA Area:

                                                                      * * * * * * *
    Riverside County....................     11/15/90  Nonattainment............................     11/15/90  Severe-17
Coachella Valley planning area--that
 portion of Riverside County which lies
 to the east of a line described as
 follows:
    1. Beginning at the Riverside-San
     Diego County boundary and running
     north along the range line common
     to Range 4 East and Range 3 East,
     San Bernardino Base and Meridian;
    2. then east along the Township line
     common to Township 8 South and
     Township 7 South;
    3. then north along the range line
     common to Range 5 East and Range 4
     East;
    4. then west along the Township line
     common to Township 6 South and
     Township 7 South to the southwest
     corner of Section 34, Township 6
     South, Range 4 East;
    5. then north along the west
     boundaries of Sections 34, 27, 22,
     15, 10, and 3, Township 6 South,
     Range 4 East;
    6. then west along the Township line
     common to Township 5 South and
     Township 6 South;
    7. then north along the range line
     common to Range 4 East and Range 3
     East;
    8. then west along the south
     boundaries of Sections 13, 14, 15,
     16, 17, and 18, Township 5 South,
     Range 3 East;

[[Page 57824]]


    9. then north along the range line
     common to Range 2 East and Range 3
     East to the Riverside-San
     Bernardino County line and that
     portion of Riverside County which
     lies to the west of a line
     described as follows: That segment
     of the southwestern boundary line
     of Hydrologic Unit Number 18100100
     within Riverside County, further
     described as follows:
    10. Beginning at the Riverside-
     Imperial County boundary and
     running north along the range line
     common to Range 17 East and Range
     16 East, San Bernardino Base and
     Meridian;
    11. then northwest along the ridge
     line of the Chuckwalla Mountains,
     through Township 8 South, Range 16
     East and Township 7 South, Range 16
     East, until the Black Butte
     Mountain, elevation 4504 feet;
    12. then west and northwest along
     the ridge line to the southwest
     corner of Township 5 South, Range
     14 East;
    13. then north along the range line
     common to Range 14 East and Range
     13 East;
    14. then west and northwest along
     the ridge line to Monument
     Mountain, elevation 4834 feet;
    15. then southwest and then
     northwest along the ridge line of
     the Little San Bernardino Mountains
     to Quail Mountain, elevation 5814
     feet;
    16. then northwest along the ridge
     line to the Riverside-San
     Bernardino County line

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

* * * * *

                             California--NO2
------------------------------------------------------------------------
                                                           Cannot be
                                     Does not meet       classified or
         Designated area           primary standards      better than
                                                      national standards
------------------------------------------------------------------------

Riverside County (Coachella
 Valley planning area)

                              * * * * * * *
Riverside County (portion not     ..................                  X
 within South Coast Air Basin or
 Coachella Valley planning area).

                              * * * * * * *
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[FR Doc. 03-25136 Filed 10-6-03; 8:45 am]

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