Approval of Air Quality Implementation Plans; California; Imperial County; Ozone Precursor Emissions Inventories, 63332-63335 [2014-24753]
Download as PDF
<![CDATA[
wreier-aviles on DSK5TPTVN1PROD with RULES
63332
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
PLUS loan counseling offered by the
Secretary.
(B) For purposes of this paragraph (c),
an adverse credit history means that the
parent—
(1) Has one or more debts with a total
combined outstanding balance greater
than $2,085, as may be adjusted by the
Secretary in accordance with paragraphs
(c)(2)(viii)(C) and (D) of this section, that
are 90 or more days delinquent as of the
date of the credit report, or that have
been placed in collection or charged off,
as defined in paragraph (c)(1) of this
section, during the two years preceding
the date of the credit report; or
(2) Has been the subject of a default
determination, bankruptcy discharge,
foreclosure, repossession, tax lien, wage
garnishment, or write-off of a debt under
title IV of the Act during the five years
preceding the date of the credit report.
(C) The Secretary increases the
amount specified in paragraph
(c)(2)(viii)(B)(1) of this section, or its
inflation-adjusted equivalent, when the
Secretary determines that an inflation
adjustment to that amount would result
in an increase of $100 or more.
(D) In making the inflation adjustment
described in paragraph (c)(2)(viii)(C) of
this section, the Secretary:
(1) Uses the annual average percent
change of the All Items Consumer Price
Index for All Urban Consumers (CPI–U),
before seasonal adjustment, as the
measurement of inflation; and
(2) If the adjustment calculated under
paragraph (c)(2)(viii)(D)(1) of this
section is equal to or greater than $100,
adding the adjustment to $2,085
threshold amount, or its inflationadjusted equivalent, and rounding up to
the nearest $5.
(E) The Secretary will publish a notice
in the Federal Register announcing any
increase to the amount specified in
paragraph (c)(2)(viii)(B)(1) of this
section.
(F) For purposes of this paragraph (c),
the Secretary does not consider the
absence of a credit history as an adverse
credit history and does not deny a
Direct PLUS loan on that basis.
(G) For purposes of this paragraph (c),
the Secretary may determine that
extenuating circumstances exist based
on documentation that may include, but
is not limited to—
(1) An updated credit report for the
parent; or
(2) A statement from the creditor that
the parent has repaid or made
satisfactory arrangements to repay a
debt that was considered in determining
that the parent has an adverse credit
history.
(3) For purposes of paragraph (c)(2) of
this section, a ‘‘parent’’ includes the
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
individuals described in the definition
of ‘‘parent’’ in 34 CFR 668.2 and the
spouse of a parent who remarried, if that
spouse’s income and assets would have
been taken into account when
calculating a dependent student’s
expected family contribution.
*
*
*
*
*
[FR Doc. 2014–25266 Filed 10–22–14; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0542; FRL–9917–77–
Region 9]
Approval of Air Quality Implementation
Plans; California; Imperial County;
Ozone Precursor Emissions
Inventories
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
California’s State Implementation Plan
(SIP) for Imperial County that address
Clean Air Act (CAA) requirements
concerning ozone precursor emissions
inventories of volatile organic
compounds and oxides of nitrogen.
These emissions inventories were
submitted by California to meet CAA
requirements for Imperial County,
which was designated as a moderate
nonattainment areas under the 1997
8-hour ozone National Ambient Air
Quality Standard.
DATES: This action will be effective on
December 22, 2014, without further
notice, unless EPA receives adverse
comments by November 24, 2014. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
rule will not take effect and that we will
respond to submitted comments and
take subsequent final action.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2012–0542, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: wamsley.jerry@epa.gov.
3. Mail or delivery: Jerry Wamsley, Air
Division (AIR–2), U.S. Environmental
Protection Agency—Region 9, 75
Hawthorne Street, San Francisco, CA
94105.
Instructions: All comments will be
included in the public docket without
SUMMARY:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Docket: The docket for this action is
available electronically at
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
below.
FOR FURTHER INFORMATION CONTACT: Jerry
Wamsley, Air Division, U.S.
Environmental Protection Agency—
Region 9, (415) 947–4111, or via email:
wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: For the
purpose of this document, we are giving
meaning to certain words or
abbreviations described here. The words
or abbreviation ‘‘the Act’’ or ‘‘CAA’’
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
The terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer
to the United States Environmental
Protection Agency.
Table of Contents
I. Background
II. California’s Submittal
III. Today’s Action
A. Ozone Precursors Emissions Inventories
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
Ground-level ozone is formed when
oxides of nitrogen (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. Referred to as
E:\FR\FM\23OCR1.SGM
23OCR1
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
ozone precursor compounds, these two
pollutants are emitted by many types of
pollution sources, including on- and offroad motor vehicles and engines, power
plants and industrial facilities, and areawide sources, such as consumer
products and lawn and garden
equipment. Scientific evidence
indicates that adverse public health
effects occur following a person’s
exposure to ozone, particularly children
and adults with lung disease. Breathing
air containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma or other lung
diseases.1 As a consequence of this
scientific evidence, we promulgated the
0.12 part per million (ppm) 1-hour
ozone National Ambient Air Quality
Standard (NAAQS) in 1979 (44 FR 8202,
February 8, 1979).
On July 18, 1997, EPA promulgated a
revised ozone NAAQS of 0.08 ppm,
averaged over eight hours (62 FR
38855). This standard was determined
to be more protective of public health
and more stringent than the previous
1979 1-hour ozone standard. On April
30, 2004, we designated areas as
attaining or not attaining the 1997 8hour ozone NAAQS and classified
Imperial County as a marginal nonattainment area with an applicable
attainment date of June 15, 2007 (69 FR
23858). On February 13, 2008, EPA
found that Imperial County failed to
attain the 1997 8-hour ozone standard
by this June 15, 2007 deadline (73 FR
8209). Consequently, Imperial County
was reclassified by operation of law as
a moderate ozone non-attainment area
with a new attainment date of as
expeditiously as practicable, but no later
than June 15, 2010.
Subsequently, EPA revised the 8-hour
ozone NAAQS from 0.08 to 0.075 ppm
(73 FR 16436, March 27, 2008). We
finalized designations for the 2008 8hour ozone standard on May 21, 2012
(77 FR 30088). Imperial County was
designated marginal for the more
stringent 8-hour ozone standard. In a
separate and future rulemaking, EPA
will finalize the requirements that must
be implemented as part of meeting the
2008 8-hour ozone standard.2 In this
1 See ‘‘Fact Sheet, Proposal To Revise the
National Ambient Air Quality Standards for
Ozone,’’ January 6, 2010 and 75 FR 2938, January
19, 2010.
2 EPA published the proposed rule concerning
implementation of the 8-hour 2008 ozone NAAQS
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
action today, however, we are
addressing requirements related to the
1997 8-hour ozone NAAQS only.
On December 3, 2009, EPA published
our determination that Imperial County
had met the 1997 8-hour ozone NAAQS
based on certified ambient air
monitoring data for the 2006–2008
monitoring period (74 FR 63309).3
Pursuant to 40 CFR 51.918 and this
clean data determination, EPA
suspended the requirements for
Imperial County and California to
submit the following air quality plan
elements: An attainment demonstration,
reasonably available control measures, a
reasonable further progress plan, and
contingency measures. These
requirements remain suspended for so
long as Imperial County continues to
attain the 1997 8-hour ozone NAAQS.
Under CAA section 172(c)(3), Imperial
County is required to submit emissions
inventories for VOC and NOX. These
ozone precursor emissions inventories
are the subject of today’s action.
II. California’s Submittal
On December 21, 2010, California
submitted Imperial County’s ‘‘Final
2009 1997 8-hour Ozone Modified Air
Quality Management Plan’’ (2009 Ozone
AQMP) to EPA for incorporation into
the SIP.4 Imperial County adopted the
2009 Ozone AQMP on July 13, 2010 and
the California Air Resources Board
(CARB) adopted the plan on November
18, 2010.5 The Imperial County and
CARB adoptions were each preceded by
a 30-day public comment period,
therefore, the State has met the
requirement for adequate public notice.
As explained earlier, the elements of
California’s 2009 Ozone AQMP that we
are acting on today consist of 2002 base
year VOC and NOX emissions
inventories. These emissions
on June 6, 2013, (78 FR 34178). The public
comment period on this implementation rule closed
on August 5, 2013. EPA is reviewing comments and
intends to publish a final rule in the near future.
3 For further discussion of our clean data
determination and application of our Clean Data
Policy, see our proposed rule at 74 FR 48495,
(September 23, 2009).
4 See letter from Lynn Terry (for James
Goldstene), California Air Resources Board to Jared
Blumenfeld, EPA-Region 9, dated December 21,
2010, included in the docket for this rulemaking.
5 See the Imperial County Board of Supervisor’s
‘‘Minute Order of the Air Pollution Control Board’’,
Number 15, dated July 13, 2010, and California Air
Resources Board, Resolution 10–35, dated
November 18, 2010, included in the docket for this
rulemaking.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
63333
inventories and the 2009 Ozone AQMP
as a whole were complete by operation
of law on June 21, 2011.6
III. Today’s Action
EPA is approving the 2002 VOC and
NOX emissions inventories elements of
the 2009 Ozone AQMP that California
submitted to address moderate
nonattainment area requirements for
Imperial County under the 1997 8-hour
ozone NAAQS. Our rationale and basis
for this action is discussed below.
A. Ozone Precursors Emissions
Inventories
A comprehensive, accurate and
current inventory of actual emissions
from all sources of the relevant
pollutant or pollutants is required by
CAA sections 172(c)(3). Imperial
County’s 2009 Ozone AQMP includes
complete VOC and NOX emissions
inventories for the base year of 2002.7
Emissions from different source types
vary by season, time of day, or day of
the week. The months from May
through October are known as the
‘‘summer planning inventory’’ and are
the months when ozone formation is
pronounced and exceedances of ozone
air quality standards are most likely to
occur. Consequently, California used the
summer planning emissions inventory
for the 2009 Ozone AQMP to provide a
worst case representation and a daily
emissions inventory in tons per day
(tpd). This summer planning inventory
includes data for the pollutants reactive
organic gas (ROG) and NOX, the two
primary precursors in the formation of
ground-level ozone pollution.8 We have
summarized Imperial County’s 2002
base year emissions inventories for
ozone precursors in Table 1.
6 If we do not determine a submittal to be
complete within 6 months of its submittal, it is
deemed to be complete by operation of law. See 40
CFR part 51, appendix V for the completeness
criteria applied to SIP submittals.
7 2002 is the designated base year for SIP
planning purposes under the 1997 8-hour ozone
NAAQS. See Memorandum of November 18, 2002,
from Lydia Wegman and Peter Tsirigotis, ‘‘2002
Base Year Emission Inventory SIP Planning: 8-hour
Ozone, PM2.5 and Regional Haze Programs’’ and 70
FR 71612, (November 29, 2005), EPA’s Phase II
implementation rule for the 1997 8-hour ozone
NAAQS.
8 The California Air Resources Board (CARB) uses
the term reactive organic gases (ROG) for planning
and inventory purposes and uses it synonymously
with its own definition of ‘‘volatile organic
compound’’ for regulatory purposes.
E:\FR\FM\23OCR1.SGM
23OCR1
63334
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
TABLE 1—IMPERIAL COUNTY, CALIFORNIA: 2002 EMISSIONS INVENTORIES FOR REACTIVE ORGANIC GAS (ROG) AND
OXIDES OF NITROGEN (NOX) BY MAJOR SOURCE CATEGORY
[Tons per day]
Source category
Percent of
total
ROG
Percent of
total
NOX
Stationary Sources:
Fuel combustion .......................................................................................
Waste Disposal .........................................................................................
Cleaning and Surface Coatings ...............................................................
Petroleum Pro. and Marketing ..................................................................
Industrial Processes .................................................................................
0.12
0.02
0.42
0.65
0.07
0.32
0.05
1.13
1.74
0.19
3.57
0.00
0.00
0.00
0.03
9.54
0.00
0.00
0.00
0.08
Subtotals ............................................................................................
1.28
3.43
3.60
9.62
Area-Wide Sources:
Solvent Evaporation .................................................................................
Miscellaneous Processes .........................................................................
9.01
11.81
24.14
31.65
0.00
0.92
0.00
2.46
Subtotals ............................................................................................
20.82
55.79
0.92
2.46
Mobile Sources:
On-Road ...................................................................................................
Off-Road Vehicles ....................................................................................
8.77
6.45
23.50
17.28
20.21
12.70
53.99
33.93
Subtotals ............................................................................................
15.22
40.78
32.91
87.92
Totals for Imperial County ..........................................................
37.32
100.00
37.43
100.00
wreier-aviles on DSK5TPTVN1PROD with RULES
Source: 2009 Ozone AQMP, Table 4–1, Page 26.
California develops a complete
emissions inventory every year and
assembles and maintains this inventory
in the California Emission Inventory
Development and Reporting System
(CEIDARS) and the California Emission
Forecasting System (CEFS). All
reportable sources are categorized as
either stationary, area-wide, or mobile.
Stationary sources of air pollution
include sources such as power plants,
refineries, and manufacturing facilities
and are facilities that are typically
required by California to acquire and
maintain a permit to operate. These
sources directly report their emissions
to California, which in-turn uses this
data to compile a complete emissions
inventory for air pollution control
districts, such as Imperial County.
Area-wide sources of emissions are
those where the emissions are spread
throughout the nonattainment area,
such as consumer products and farming
operations. California uses a variety of
methods to estimate emissions for
approximately 500 area-wide emission
sources. A complete compilation of
these methodologies can be obtained
from https://www.arb.ca.gov/ei/areasrc/
index0.htm.
Mobile source emissions are further
divided into on-road sources and offroad sources. On-road sources include
passenger cars, school buses, and trucks.
Off-road sources include construction
equipment, garden equipment, boats,
and outdoor recreational vehicles.
California is continually updating and
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
improving its official model to estimate
emissions from mobile sources.
Although California released its
EMFAC2011 model, the State used its
EMFAC2007 model to develop the 2002
base year emissions for on-road
sources.9 At the time of the
development of this 2002 emissions
inventory for ROG and NOX,
EMFAC2007 was the latest EPA
approved mobile source emissions
model. California used its
OFFROAD2007 model to develop
emissions from off-road sources for the
2002 base year emissions inventory.10 11
We have evaluated Imperial County’s
base year 2002 emissions inventory
shown in Table 1 by verifying this
inventory for consistency with past and
current emissions inventories and spotchecking the accuracy of the emissions
inventory from raw data and accepted
emissions factors and estimation
methods. We find the 2002 base-year
inventory to be a comprehensive and
accurate representation of actual
emissions and approve it as meeting the
requirements of the CAA and EPA
guidance.
The on-road motor vehicle emission
inventories for VOC and NOX that we
are approving today do not change our
previous actions concerning the motor
vehicle emissions budgets used for
determining the conformity of federallyfunded transportation plans, programs,
and projects in Imperial County, per
section 176(c) of the CAA. In May 2008,
we found the 2009 motor vehicle
emissions budgets within the ‘‘Imperial
County 8-hour Ozone Early Progress
Plan’’ to be adequate for the purpose of
determining transportation conformity:
7 tons per day of VOC; and 17 tons per
day of NOX.12 State transportation and
metropolitan planning agencies should
continue to use these motor vehicle
emissions budgets for determining the
conformity of federally funded
transportation plans, programs and
projects within the Imperial County
ozone non-attainment area.
9 On January 18, 2008, EPA approved and
announced the availability of EMFAC 2007 Motor
Vehicle Emission Factor Model for use in SIP
development in the State of California (73 FR 3464).
10 The OFFROAD2007 model is now replaced by
category specific methods and inventory models
developed for specific regulatory support projects.
11 Further information on California’s official
mobile source inventory models, as well as links to
the mobile source emissions databases, can be
obtained from https://www.arb.ca.gov/msei/
msei.htm.
EPA is approving the 2002 VOC and
NOX emissions inventories within
Chapter 4 of Imperial County’s 2009
Ozone AQMP. EPA is approving these
emissions inventories because they meet
the requirements of the CAA and EPA
guidance.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
IV. Final Action
12 See
E:\FR\FM\23OCR1.SGM
73 FR 24594, (May 5, 2008).
23OCR1
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
V. Statutory and Executive Order
Reviews
This action approves a SIP revision
that meets certain emissions inventories
requirements for the 1997 8-hour ozone
standard. This action would 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 CAA; 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 approval of an
emissions inventories SIP revision for
the Imperial County non-attainment
area of California does not have tribal
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country, 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 CAA, petitions
for judicial review of this action must be
filed in the United States Court of
Appeals for the appropriate circuit by
December 22, 2014. Filing a petition for
reconsideration by the Administrator of
this final rule do not affect the finality
of these actions 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2) of the CAA.)
PO 00000
Frm 00043
Fmt 4700
Sfmt 9990
63335
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds, Reporting and
recordkeeping requirements.
Dated: September 24, 2014.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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)(445) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(445) A plan revision submitted on
December 21, 2010 by the Governor’s
Designee.
(i) [Reserved]
(ii) Additional materials.
(A) State of California Air Resources
Board.
(1) California Air Resources Board
Resolution No. 10–35, adopted
November 18, 2010.
(B) Imperial County Air Pollution
Control District.
(1) Imperial County Air Pollution
Control Board, Minute Order No. 15,
adopted July 13, 2010.
(2) Chapter 4—Emission Inventory, in
‘‘Imperial County 2009 1997 8-Hour
Ozone Modified Air Quality
Management Plan’’, adopted on July 13,
2010.
[FR Doc. 2014–24753 Filed 10–22–14; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\23OCR1.SGM
23OCR1
]]>Agencies
[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Rules and Regulations]
[Pages 63332-63335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24753]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0542; FRL-9917-77-Region 9]
Approval of Air Quality Implementation Plans; California;
Imperial County; Ozone Precursor Emissions Inventories
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to California's State Implementation Plan (SIP) for Imperial
County that address Clean Air Act (CAA) requirements concerning ozone
precursor emissions inventories of volatile organic compounds and
oxides of nitrogen. These emissions inventories were submitted by
California to meet CAA requirements for Imperial County, which was
designated as a moderate nonattainment areas under the 1997 8-hour
ozone National Ambient Air Quality Standard.
DATES: This action will be effective on December 22, 2014, without
further notice, unless EPA receives adverse comments by November 24,
2014. If we receive such comments, we will publish a timely withdrawal
in the Federal Register to notify the public that this rule will not
take effect and that we will respond to submitted comments and take
subsequent final action.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0542, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: wamsley.jerry@epa.gov.
3. Mail or delivery: Jerry Wamsley, Air Division (AIR-2), U.S.
Environmental Protection Agency--Region 9, 75 Hawthorne Street, San
Francisco, CA 94105.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The docket for this action is available electronically at
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 below.
FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, Air Division, U.S.
Environmental Protection Agency--Region 9, (415) 947-4111, or via
email: wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: For the purpose of this document, we are
giving meaning to certain words or abbreviations described here. The
words or abbreviation ``the Act'' or ``CAA'' mean or refer to the Clean
Air Act, unless the context indicates otherwise. The terms ``we,''
``us,'' and ``our'' refer to the United States Environmental Protection
Agency.
Table of Contents
I. Background
II. California's Submittal
III. Today's Action
A. Ozone Precursors Emissions Inventories
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. Referred to as
[[Page 63333]]
ozone precursor compounds, these two pollutants are emitted by many
types of pollution sources, including on- and off-road motor vehicles
and engines, power plants and industrial facilities, and area-wide
sources, such as consumer products and lawn and garden equipment.
Scientific evidence indicates that adverse public health effects occur
following a person's exposure to ozone, particularly children and
adults with lung disease. Breathing air containing ozone can reduce
lung function and inflame airways, which can increase respiratory
symptoms and aggravate asthma or other lung diseases.\1\ As a
consequence of this scientific evidence, we promulgated the 0.12 part
per million (ppm) 1-hour ozone National Ambient Air Quality Standard
(NAAQS) in 1979 (44 FR 8202, February 8, 1979).
---------------------------------------------------------------------------
\1\ See ``Fact Sheet, Proposal To Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938,
January 19, 2010.
---------------------------------------------------------------------------
On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08
ppm, averaged over eight hours (62 FR 38855). This standard was
determined to be more protective of public health and more stringent
than the previous 1979 1-hour ozone standard. On April 30, 2004, we
designated areas as attaining or not attaining the 1997 8-hour ozone
NAAQS and classified Imperial County as a marginal non-attainment area
with an applicable attainment date of June 15, 2007 (69 FR 23858). On
February 13, 2008, EPA found that Imperial County failed to attain the
1997 8-hour ozone standard by this June 15, 2007 deadline (73 FR 8209).
Consequently, Imperial County was reclassified by operation of law as a
moderate ozone non-attainment area with a new attainment date of as
expeditiously as practicable, but no later than June 15, 2010.
Subsequently, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075
ppm (73 FR 16436, March 27, 2008). We finalized designations for the
2008 8-hour ozone standard on May 21, 2012 (77 FR 30088). Imperial
County was designated marginal for the more stringent 8-hour ozone
standard. In a separate and future rulemaking, EPA will finalize the
requirements that must be implemented as part of meeting the 2008 8-
hour ozone standard.\2\ In this action today, however, we are
addressing requirements related to the 1997 8-hour ozone NAAQS only.
---------------------------------------------------------------------------
\2\ EPA published the proposed rule concerning implementation of
the 8-hour 2008 ozone NAAQS on June 6, 2013, (78 FR 34178). The
public comment period on this implementation rule closed on August
5, 2013. EPA is reviewing comments and intends to publish a final
rule in the near future.
---------------------------------------------------------------------------
On December 3, 2009, EPA published our determination that Imperial
County had met the 1997 8-hour ozone NAAQS based on certified ambient
air monitoring data for the 2006-2008 monitoring period (74 FR
63309).\3\ Pursuant to 40 CFR 51.918 and this clean data determination,
EPA suspended the requirements for Imperial County and California to
submit the following air quality plan elements: An attainment
demonstration, reasonably available control measures, a reasonable
further progress plan, and contingency measures. These requirements
remain suspended for so long as Imperial County continues to attain the
1997 8-hour ozone NAAQS. Under CAA section 172(c)(3), Imperial County
is required to submit emissions inventories for VOC and NOX.
These ozone precursor emissions inventories are the subject of today's
action.
---------------------------------------------------------------------------
\3\ For further discussion of our clean data determination and
application of our Clean Data Policy, see our proposed rule at 74 FR
48495, (September 23, 2009).
---------------------------------------------------------------------------
II. California's Submittal
On December 21, 2010, California submitted Imperial County's
``Final 2009 1997 8-hour Ozone Modified Air Quality Management Plan''
(2009 Ozone AQMP) to EPA for incorporation into the SIP.\4\ Imperial
County adopted the 2009 Ozone AQMP on July 13, 2010 and the California
Air Resources Board (CARB) adopted the plan on November 18, 2010.\5\
The Imperial County and CARB adoptions were each preceded by a 30-day
public comment period, therefore, the State has met the requirement for
adequate public notice.
---------------------------------------------------------------------------
\4\ See letter from Lynn Terry (for James Goldstene), California
Air Resources Board to Jared Blumenfeld, EPA-Region 9, dated
December 21, 2010, included in the docket for this rulemaking.
\5\ See the Imperial County Board of Supervisor's ``Minute Order
of the Air Pollution Control Board'', Number 15, dated July 13,
2010, and California Air Resources Board, Resolution 10-35, dated
November 18, 2010, included in the docket for this rulemaking.
---------------------------------------------------------------------------
As explained earlier, the elements of California's 2009 Ozone AQMP
that we are acting on today consist of 2002 base year VOC and
NOX emissions inventories. These emissions inventories and
the 2009 Ozone AQMP as a whole were complete by operation of law on
June 21, 2011.\6\
---------------------------------------------------------------------------
\6\ If we do not determine a submittal to be complete within 6
months of its submittal, it is deemed to be complete by operation of
law. See 40 CFR part 51, appendix V for the completeness criteria
applied to SIP submittals.
---------------------------------------------------------------------------
III. Today's Action
EPA is approving the 2002 VOC and NOX emissions
inventories elements of the 2009 Ozone AQMP that California submitted
to address moderate nonattainment area requirements for Imperial County
under the 1997 8-hour ozone NAAQS. Our rationale and basis for this
action is discussed below.
A. Ozone Precursors Emissions Inventories
A comprehensive, accurate and current inventory of actual emissions
from all sources of the relevant pollutant or pollutants is required by
CAA sections 172(c)(3). Imperial County's 2009 Ozone AQMP includes
complete VOC and NOX emissions inventories for the base year
of 2002.\7\ Emissions from different source types vary by season, time
of day, or day of the week. The months from May through October are
known as the ``summer planning inventory'' and are the months when
ozone formation is pronounced and exceedances of ozone air quality
standards are most likely to occur. Consequently, California used the
summer planning emissions inventory for the 2009 Ozone AQMP to provide
a worst case representation and a daily emissions inventory in tons per
day (tpd). This summer planning inventory includes data for the
pollutants reactive organic gas (ROG) and NOX, the two
primary precursors in the formation of ground-level ozone pollution.\8\
We have summarized Imperial County's 2002 base year emissions
inventories for ozone precursors in Table 1.
---------------------------------------------------------------------------
\7\ 2002 is the designated base year for SIP planning purposes
under the 1997 8-hour ozone NAAQS. See Memorandum of November 18,
2002, from Lydia Wegman and Peter Tsirigotis, ``2002 Base Year
Emission Inventory SIP Planning: 8-hour Ozone, PM2.5 and
Regional Haze Programs'' and 70 FR 71612, (November 29, 2005), EPA's
Phase II implementation rule for the 1997 8-hour ozone NAAQS.
\8\ The California Air Resources Board (CARB) uses the term
reactive organic gases (ROG) for planning and inventory purposes and
uses it synonymously with its own definition of ``volatile organic
compound'' for regulatory purposes.
[[Page 63334]]
Table 1--Imperial County, California: 2002 Emissions Inventories for Reactive Organic Gas (ROG) and Oxides of
Nitrogen (NOX) by Major Source Category
[Tons per day]
----------------------------------------------------------------------------------------------------------------
Percent of Percent of
Source category ROG total NOX total
----------------------------------------------------------------------------------------------------------------
Stationary Sources:
Fuel combustion............................. 0.12 0.32 3.57 9.54
Waste Disposal.............................. 0.02 0.05 0.00 0.00
Cleaning and Surface Coatings............... 0.42 1.13 0.00 0.00
Petroleum Pro. and Marketing................ 0.65 1.74 0.00 0.00
Industrial Processes........................ 0.07 0.19 0.03 0.08
---------------------------------------------------------------
Subtotals............................... 1.28 3.43 3.60 9.62
----------------------------------------------------------------------------------------------------------------
Area-Wide Sources:
Solvent Evaporation......................... 9.01 24.14 0.00 0.00
Miscellaneous Processes..................... 11.81 31.65 0.92 2.46
---------------------------------------------------------------
Subtotals............................... 20.82 55.79 0.92 2.46
----------------------------------------------------------------------------------------------------------------
Mobile Sources:
On-Road..................................... 8.77 23.50 20.21 53.99
Off-Road Vehicles........................... 6.45 17.28 12.70 33.93
---------------------------------------------------------------
Subtotals............................... 15.22 40.78 32.91 87.92
---------------------------------------------------------------
Totals for Imperial County.......... 37.32 100.00 37.43 100.00
----------------------------------------------------------------------------------------------------------------
Source: 2009 Ozone AQMP, Table 4-1, Page 26.
California develops a complete emissions inventory every year and
assembles and maintains this inventory in the California Emission
Inventory Development and Reporting System (CEIDARS) and the California
Emission Forecasting System (CEFS). All reportable sources are
categorized as either stationary, area-wide, or mobile. Stationary
sources of air pollution include sources such as power plants,
refineries, and manufacturing facilities and are facilities that are
typically required by California to acquire and maintain a permit to
operate. These sources directly report their emissions to California,
which in-turn uses this data to compile a complete emissions inventory
for air pollution control districts, such as Imperial County.
Area-wide sources of emissions are those where the emissions are
spread throughout the nonattainment area, such as consumer products and
farming operations. California uses a variety of methods to estimate
emissions for approximately 500 area-wide emission sources. A complete
compilation of these methodologies can be obtained from https://www.arb.ca.gov/ei/areasrc/index0.htm.
Mobile source emissions are further divided into on-road sources
and off-road sources. On-road sources include passenger cars, school
buses, and trucks. Off-road sources include construction equipment,
garden equipment, boats, and outdoor recreational vehicles. California
is continually updating and improving its official model to estimate
emissions from mobile sources. Although California released its
EMFAC2011 model, the State used its EMFAC2007 model to develop the 2002
base year emissions for on-road sources.\9\ At the time of the
development of this 2002 emissions inventory for ROG and
NOX, EMFAC2007 was the latest EPA approved mobile source
emissions model. California used its OFFROAD2007 model to develop
emissions from off-road sources for the 2002 base year emissions
inventory.\10\ \11\
---------------------------------------------------------------------------
\9\ On January 18, 2008, EPA approved and announced the
availability of EMFAC 2007 Motor Vehicle Emission Factor Model for
use in SIP development in the State of California (73 FR 3464).
\10\ The OFFROAD2007 model is now replaced by category specific
methods and inventory models developed for specific regulatory
support projects.
\11\ Further information on California's official mobile source
inventory models, as well as links to the mobile source emissions
databases, can be obtained from https://www.arb.ca.gov/msei/msei.htm.
---------------------------------------------------------------------------
We have evaluated Imperial County's base year 2002 emissions
inventory shown in Table 1 by verifying this inventory for consistency
with past and current emissions inventories and spot-checking the
accuracy of the emissions inventory from raw data and accepted
emissions factors and estimation methods. We find the 2002 base-year
inventory to be a comprehensive and accurate representation of actual
emissions and approve it as meeting the requirements of the CAA and EPA
guidance.
The on-road motor vehicle emission inventories for VOC and
NOX that we are approving today do not change our previous
actions concerning the motor vehicle emissions budgets used for
determining the conformity of federally-funded transportation plans,
programs, and projects in Imperial County, per section 176(c) of the
CAA. In May 2008, we found the 2009 motor vehicle emissions budgets
within the ``Imperial County 8-hour Ozone Early Progress Plan'' to be
adequate for the purpose of determining transportation conformity: 7
tons per day of VOC; and 17 tons per day of NOX.\12\ State
transportation and metropolitan planning agencies should continue to
use these motor vehicle emissions budgets for determining the
conformity of federally funded transportation plans, programs and
projects within the Imperial County ozone non-attainment area.
---------------------------------------------------------------------------
\12\ See 73 FR 24594, (May 5, 2008).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving the 2002 VOC and NOX emissions
inventories within Chapter 4 of Imperial County's 2009 Ozone AQMP. EPA
is approving these emissions inventories because they meet the
requirements of the CAA and EPA guidance.
[[Page 63335]]
V. Statutory and Executive Order Reviews
This action approves a SIP revision that meets certain emissions
inventories requirements for the 1997 8-hour ozone standard. This
action would 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 CAA; 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 approval of an emissions inventories SIP revision
for the Imperial County non-attainment area of California 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, 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 CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by December 22, 2014. Filing a petition for
reconsideration by the Administrator of this final rule do not affect
the finality of these actions 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2) of the
CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds, Reporting and recordkeeping requirements.
Dated: September 24, 2014.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(445) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(445) A plan revision submitted on December 21, 2010 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) State of California Air Resources Board.
(1) California Air Resources Board Resolution No. 10-35, adopted
November 18, 2010.
(B) Imperial County Air Pollution Control District.
(1) Imperial County Air Pollution Control Board, Minute Order No.
15, adopted July 13, 2010.
(2) Chapter 4--Emission Inventory, in ``Imperial County 2009 1997
8-Hour Ozone Modified Air Quality Management Plan'', adopted on July
13, 2010.
[FR Doc. 2014-24753 Filed 10-22-14; 8:45 am]
BILLING CODE 6560-50-P
