Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM10, 20868-20881 [2013-08117]
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• do 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 proposed rule does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because a
determination of attainment is an action
that affects the status of a geographical
area and does not impose any new
regulatory requirements on tribes,
impact any existing sources of air
pollution on tribal lands, nor impair the
maintenance of ozone national ambient
air quality standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: March 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–08122 Filed 4–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2013–0007; FRL–9798–3]
Approval and Promulgation of
Implementation Plans; Designation of
Areas for Air Quality Planning
Purposes; State of California; PM10;
Redesignation of the South Coast Air
Basin to Attainment; Approval of PM10
Redesignation Request and
Maintenance Plan for the South Coast
Air Basin
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
EPA is proposing to approve,
as a revision to the California state
implementation plan, the State’s request
to redesignate the Los Angeles-South
Coast Air Basin nonattainment area to
attainment, which is currently
designated serious nonattainment for
SUMMARY:
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the 1987 national ambient air quality
standards for particulate matter of ten
microns or less. EPA is also proposing
to approve the PM10 maintenance plan
and the associated motor vehicle
emissions budgets for use in
transportation conformity
determinations necessary for the South
Coast area. Finally, EPA is proposing to
approve the attainment year emissions
inventory. EPA is proposing these
actions because the SIP revision meets
the requirements of the Clean Air Act
and EPA guidance for such plans and
motor vehicle emissions budgets.
DATES: Any comments must be received
on or before May 8, 2013.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0007, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions.
2. Email: tax.wienke@epa.gov.
3. Mail or Deliver: Wienke Tax (Air2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Deliveries are only accepted during the
Regional Office’s normal hours of
operation.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://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 https://
www.regulations.gov or email. https://
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 index to the docket and
documents in the docket for this action
are generally available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., voluminous records,
copyrighted material), and some may
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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:
Wienke Tax, U.S. Environmental
Protection Agency, Air Planning Office,
Region IX, (415) 947–4192,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Summary of Today’s Proposed Action
II. Background
A. The PM10 NAAQS
B. PM10 Planning Requirements
C. PM10 Attainment Plans for the South
Coast Area
III. Procedural Requirements for Adoption
and Submittal of SIP Revisions
IV. Substantive Requirements for
Redesignation
V. Evaluation of the State’s Redesignation
Request for the South Coast PM10
Nonattainment Area
A. Determination That the Area Has
Attained the PM10 NAAQS
B. The Area Has a Fully-Approved SIP
Meeting Requirements Applicable for
Purposes of Redesignation under Section
110 and Part D
1. Basic SIP Requirements under CAA
Section 110
2. SIP Requirements under Part D
C. EPA has Determined that the
Improvement in Air Quality is Due to
Permanent and Enforceable Reductions
in Emissions
D. The Area Must Have a Fully-Approved
Maintenance Plan under CAA Section
175A
1. Attainment Inventory
2. Maintenance Demonstration
3. Verification of Continued Attainment
4. Contingency Provisions
5. Commitment to Submit Subsequent
Maintenance Plan Revision
E. Transportation Conformity and Motor
Vehicle Emissions Budgets
VI. Proposed Actions and Request for Public
Comment
VII. Statutory and Executive Order Reviews
I. Summary of Today’s Proposed Action
EPA is proposing to take several
related actions. Under Clean Air Act
(CAA or ‘‘the Act’’) section 107(d)(3)(D),
EPA is proposing to approve the State’s
request to redesignate the South Coast
PM10 nonattainment area to attainment
for the 24-hour PM10 NAAQS. We are
doing so based on our conclusion that
the area has met the five criteria for
redesignation under CAA section
107(d)(3)(E): (1) That the area has
attained the 24-hour PM10 NAAQS in
the 2008–2010 time period and that the
area continues to attain the PM10
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standard since that time; (2) that
relevant portions of the California state
implementation plan (SIP) are fully
approved; (3) that the improvement in
air quality is due to permanent and
enforceable reductions in emissions; (4)
that California has met all requirements
applicable to the South Coast PM10
nonattainment area with respect to
section 110 and part D of the CAA; and
(5) that the Final PM10 Redesignation
Request and Maintenance Plan for the
South Coast Air Basin (December 2009)
(‘‘2009 South Coast PM10 Redesignation
Request and Maintenance Plan’’) 1 meets
the requirements of section 175A of the
CAA.
In addition, under CAA section
110(k)(3), EPA is proposing to approve
the maintenance plan including the
motor vehicle emissions budgets
(budgets) in the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan as a revision to the California SIP.
EPA finds that the maintenance
demonstration shows how the area will
continue to attain the 24-hour PM10
NAAQS for at least 10 years beyond
redesignation (i.e., through 2030).
Finally, EPA is proposing to approve the
attainment year emissions inventory
under CAA section 172(c)(3). EPA is
proposing these actions because the SIP
revision meets the requirements of the
CAA and EPA guidance for such plans
and budgets.
Finally, with this Federal Register
notice, EPA is notifying the public that
we will be reviewing the maintenance
plan budgets for adequacy. This begins
the public comment period on
adequacy; see DATES section of this
notice for the closing date of the
comment period.
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II. Background
A. The PM10 NAAQS
EPA sets the NAAQS for certain
ambient air pollutants at levels required
to protect public health and welfare.
Particulate matter with an aerodynamic
diameter less than or equal to a nominal
ten micrometers, or PM10, is one of the
ambient air pollutants for which EPA
has established health-based standards.
EPA revised the NAAQS for
particulate matter on July 1, 1987 (52 FR
24633), replacing standards for total
suspended particulates (TSP less than
30 microns in diameter) with new
standards applying only to particulate
matter up to 10 microns in diameter
(PM10). At that time, EPA established
two PM10 standards, an annual standard
1 See letter, James N. Goldstene, Executive
Officer, to Jared Blumenfeld, Regional
Administrator, EPA Region 9, dated April 28, 2010,
with attachments.
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and a 24-hour standard. An area attains
the 24-hour PM10 standard of 150
micrograms per cubic meter (mg/m3)
when the expected number of days per
calendar year with a 24-hour
concentration in excess of the standard
(referred to as an exceedance), is equal
to or less than one.2 The annual PM10
standard is attained when the expected
annual arithmetic mean of the 24-hour
samples averaged over a 3-year period
does not exceed 50 mg/m3. See 40 CFR
50.6 and 40 CFR part 50, Appendix K.
On July 18, 1997, EPA established
new national ambient air quality
standards (NAAQS) for particulate
matter less than 2.5 microns (fine
particulate or PM2.5). 62 FR 38652. In
the 1997 PM NAAQS revision, EPA also
revised the standards for PM10 but these
revised PM10 standards were later
vacated by the court, and the 1987 PM10
standards remain in effect.
In an October 17, 2006 PM NAAQS
revision, the 24-hour PM10 standards
were retained but the annual standards
were revoked effective December 18,
2006. 71 FR 61144 (October 17, 2006).
On January 13, 2013, EPA announced
that it was again retaining the 24-hour
PM10 NAAQS as a 24-hour standard of
150 micrograms per cubic meter (mg/
m3). See 78 FR 3086. This SIP submittal
addresses the 24-hour PM10 standard as
originally promulgated in 1987 and
reaffirmed on January 13, 2013.
B. PM10 Planning Requirements
Once an area is designated
nonattainment, section 188 of the CAA
outlines the process for classification of
the area and establishes the area’s
attainment date. In accordance with
section 188(a), at the time of
designation, all PM10 nonattainment
areas, including the Los Angeles-South
Coast Air Basin (‘‘South Coast’’),3 were
initially classified as moderate by
operation of law. Section 188(b)(1) of
the Act further provides that moderate
areas can subsequently be reclassified as
serious before the applicable moderate
area attainment date if at any time EPA
determines that the area cannot
2 An exceedance is defined as a daily value that
is above the level of the 24-hour standard, 150 mg/
m3, after rounding to the nearest 10 mg/m3 (i.e.,
values ending in five or greater are to be rounded
up). Thus, a recorded value of 154 mg/m3 would not
be an exceedance since it would be rounded to 150
mg/m3; whereas, a recorded value of 155 mg/m3
would be an exceedance since it would be rounded
to 160 mg/m3. See 40 CFR part 50, Appendix K,
section 1.0.
3 The South Coast air basin includes Orange
County, the southwestern two-thirds of Los Angeles
County, southwestern San Bernardino County, and
western Riverside County (see 40 CFR 81.305).
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‘‘practicably’’ attain the PM10 NAAQS
by this attainment date.
On the date of enactment of the 1990
CAA Amendments, PM10 areas,
including the South Coast, meeting the
qualifications of section 107(d)(4)(B) of
the amended Act, were designated
nonattainment by operation of law. See
56 FR 11101 (March 15, 1991) and 40
CFR 81.305.
Direct PM10 emissions in the South
Coast are dominated by reentrained road
dust from paved and unpaved roads,
construction and demolition, and onand off-road mobile sources. Of these,
according to the inventory in the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, the
majority of direct PM10 emissions come
from reentrained road dust from paved
roads. Within the South Coast air basin,
in addition to being directly emitted
into the atmosphere (e.g., primary
particles), PM10 emissions can be
formed through atmospheric chemical
reactions from precursor gases (e.g.,
secondary particles). Secondary
particles, such as sulfates, nitrates, and
complex carbon compounds, are formed
from reactions with oxides of sulfur
(SOX), oxides of nitrogen (NOX), volatile
organic compounds (VOCs), and
ammonia (NH3). The District includes
emissions inventories in the 2009 South
Coast PM10 Redesignation Request and
Maintenance Plan for precursors of
PM10 (notably NOX, and to a lesser
extent, SOX and VOCs). The District
estimates that 56% of the total mass of
average peak concentrations of PM10 is
attributable to PM2.5 and 44% to coarse
PM (fugitive dust or PM10). See 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, p. 5.
The 1990 CAA Amendments
established new planning requirements
and attainment deadlines for the
NAAQS. The most fundamental of these
nonattainment area provisions
applicable to the South Coast is the
requirement that the State submit a SIP
demonstrating attainment of the PM10
NAAQS. This demonstration must be
based upon enforceable measures to
achieve emission reductions leading to
emissions at or below the level
predicted to result in attainment of the
NAAQS throughout the nonattainment
area. CAA section 189(a).
EPA determined on January 8, 1993,
that the South Coast could not
practicably attain the PM10 NAAQS by
the applicable attainment deadline for
moderate areas (December 31, 1994, per
section 188(c)(1) of the Act), and
reclassified the area as serious (58 FR
3334). In accordance with section
189(b)(1) of the Act, the State was
required to make the following SIP
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submittals. First, the State had to submit
by August 8, 1994, a SIP to ensure the
implementation of best available control
measures (BACM) no later than four
years after reclassification, as required
by CAA section 189(b)(1)(B). Second,
the State had to submit a SIP by
February 8, 1997, providing for progress
and expeditious attainment, as required
by CAA section 189(b)(1)(A). Because
the State requested an extension of the
attainment date for the South Coast
beyond the applicable deadline of
December 31, 2001, under CAA section
188(e) the State also had to demonstrate
that the 1997 plan included the MSM
that are included in any implementation
plan or are achieved in practice, and can
feasibly be implemented in the area.
C. PM10 Attainment Plans for the South
Coast Area
Beginning in the 1970s and
continuing to the present, the South
Coast Air Quality Management District
(SCAQMD) and CARB have adopted a
number of rules and prepared a number
of nonattainment plans to address
planning requirements under the CAA.
CARB submitted these rules and plans
to EPA at various times, and EPA
approved a number of them into the
California SIP. Examples of rules
adopted by SCAQMD and approved by
EPA as revisions to the California SIP as
part of the PM10 control strategy in the
South Coast PM10 nonattainment area
include: Rule 403—Fugitive Dust; Rule
1186—PM10 Emissions from Paved and
Unpaved Roads, and Livestock
Operations; Rule 1156—PM10 Emissions
Reductions from Cement Manufacturing
Facilities; and Rule 1157—PM10
Emissions Reductions from Aggregate
and Related Operations. In addition,
SCAQMD has adopted and
implemented numerous rules that
address PM10 precursors such as NOX,
VOCs, and SOX.
CARB also adopted rules that reduce
PM10 and PM10 precursor emissions.
Examples of rules adopted by CARB and
approved by EPA as revisions to the
California SIP that have reduced PM10
or PM10 precursors in the South Coast
PM10 nonattainment area include:
California Code of Regulations (CCR)
Title 13, Section 2025 (‘‘Regulation to
Reduce Emissions of Diesel Particulate
Matter, Oxides of Nitrogen and other
Criteria Pollutants, from In-Use HeavyDuty Diesel-Fueled Vehicles’’); Section
2027 (‘‘In-Use On-Road Diesel-Fueled
Heavy-Duty Drayage trucks’’); and
Section 2262—California Reformulated
Gasoline Phase 2 and Phase 3
Standards.
The SCAQMD has adopted and CARB
has submitted a number of PM10
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attainment plans and regulations for the
South Coast PM10 nonattainment area.
In 2003, EPA fully approved a PM10
attainment plan for the South Coast as
meeting all CAA requirements for
serious PM10 nonattainment areas,
including BACM and MSM, and as part
of that action we also granted
attainment date extensions for the area
for both the 24-hour and annual PM10
NAAQS, from December 31, 2001 to
December 31, 2006, pursuant to CAA
section 188(e). For more information on
the 2003 approval of the South Coast
PM10 plan, please see our proposed and
final rulemaking notices. The proposal
was issued on December 17, 2002 (67
FR 77212) and the final approval was
issued on April 18, 2003 (68 FR 19316).
On August 1, 2003, the SCAQMD
adopted the 2003 South Coast Air
Quality Management Plan (‘‘2003 South
Coast AQMP’’), including the motor
vehicle emissions budgets for the areas.
CARB approved the plans on October
23, 2003, and submitted the plans to us
on January 9, 2004. We proposed to
approve the portions of the 2003 South
Coast AQMP relating to attainment of
the PM10 standards on July 28, 2005 (see
70 FR 43663) and finalized our approval
on November 14, 2005 (see 70 FR
69081).
III. Procedural Requirements for
Adoption and Submittal of SIP
Revisions
The SCAQMD adopted the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan on
January 8, 2010 and forwarded it to
CARB on January 15, 2010. CARB held
a Board Hearing on March 25, 2010 to
adopt the 2009 South Coast PM10
Maintenance Plan. The plan was
submitted to EPA on April 28, 2010.4
CARB’s SIP submittal includes the
following documents: (1) April 28, 2010
letter to Jared Blumenfeld, Regional
Administrator, U.S. EPA Region 9, from
James N. Goldstene, Executive Officer,
CARB transmitting the redesignation
request and maintenance plan; (2)
January 15, 2010 transmittal letter to
James N. Goldstene, Executive Officer,
CARB, from Elaine Chang, DrPH,
Deputy Executive Officer, SCAQMD; (3)
October 17, 2009 Proof of Publication of
Public Notice for Public Hearing on
‘‘Final PM10 Redesignation Request and
Maintenance Plan for the South Coast
Air Basin (December 2009)’’ and the
January 8, 2010 SCAQMD Board
Hearing; (4) Transcripts of public
hearings; (5) SCAQMD Board Resolution
4 See letter, James N. Goldstene, Executive
Officer, to Jared Blumenfeld, Regional
Administrator, EPA Region 9, dated April 28, 2010.
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of Adoption 10–1 approving and
adopting the 2009 South Coast PM10
Maintenance Plan; (6) CARB’s February
17, 2010 Notice of Public Hearing for
consideration of the adoption and
approval of the 2009 South Coast PM10
Maintenance Plan and associated motor
vehicle emissions budgets on March 25,
2010; (7) Final PM10 Redesignation
Request and Maintenance Plan for the
South Coast Air Basin (December 2009);
(8) CARB Board Resolution 10–21
adopting the 2009 South Coast PM10
Maintenance Plan; and (9) motor vehicle
emissions budgets adopted at the CARB
Board hearing. All of these documents
are available for review in the docket for
today’s proposed rule.
Sections 110(a)(1) and 110(l) of the
Act require States to provide reasonable
notice and public hearing prior to
adoption of SIP revisions. CARB’s
submittal of the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan documents the public review
process followed by SCAQMD in
adopting the plan prior to transmittal to
CARB for subsequent submittal to EPA
as a revision to the California SIP. The
documentation provides evidence that
reasonable notice of a public hearing
was provided to the public and that a
public hearing was conducted prior to
adoption. Specifically, notices for
public workshops on December 15, 16,
17, and 18, 2009 and the January 8, 2010
SCAQMD Governing Board hearing
were published on October 17 and 21,
2009. The Draft Plan was also made
available for viewing on the District’s
Web site and at the District office on
and after October 21, 2009.
Attachments 7 and 8 of the District’s
2009 South Coast PM10 Redesignation
Request and Maintenance Plan
submittal to CARB document the
adoption of the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan by the SCAQMD Governing Board
via Board Resolution 10–1. On January
8, 2010, the SCAQMD Governing Board
approved the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan and directed SCAQMD staff to
forward the plan to CARB, the Governor
of California’s designee for SIP matters.
The motor vehicle emissions budgets
contained in the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan were withdrawn prior to the
SCAQMD Board adoption.
On February 17, 2010, the CARB
Board noticed a public hearing for
March 25, 2010 to consider and approve
the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan and revised motor vehicle
emissions budgets. On April 28, 2010,
CARB submitted the 2009 South Coast
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PM10 Redesignation Request and
Maintenance Plan and budgets plus
accompanying documentation to EPA
for approval as a revision to the
California SIP.5
Both the SCAQMD and CARB
satisfied applicable statutory and
regulatory requirements for reasonable
public notice and hearing prior to
adoption of the SIP revisions. The
SCAQMD conducted numerous public
workshops, and properly noticed the
public hearing at which the plan was
adopted. The SIP submittals include
proof of publication for notices of the
public hearings. Therefore, we conclude
that the SIP submittals have met the
public notice and involvement
requirements of section 110(a)(1) of the
CAA. Based on the documentation
submitted with the plan, we find that
the submittal of the South Coast PM10
Maintenance Plan as a SIP revision
satisfies the procedural requirements of
section 110(l) of the Act for revising
SIPs.
CAA section 110(k)(1)(B) requires
EPA to determine whether a SIP
submittal is complete within 60 days of
receipt. This section also provides that
any plan that we have not affirmatively
determined to be complete or
incomplete will become complete six
months after the day of submittal by
operation of law. A completeness
review allows us to determine if the
submittal includes all the necessary
items and information we need to act on
it.
We make completeness
determinations using criteria we have
established in 40 CFR part 51, Appendix
V. These criteria fall into two categories:
Administrative information and
technical support information. The
administrative information provides
documentation that the State has
followed basic administrative
procedures during the SIP-adoption
process and thus we have a legallyadopted SIP revision in front of us. The
technical support information provides
us the information we need to
determine the impact of the proposed
revision on attainment and maintenance
of the air quality standards.
We notify a state of our completeness
determination by letter unless the
submittal becomes complete by
operation of law. A finding of
completeness does not approve the
submittal as part of the SIP nor does it
indicate that the submittal is
approvable. It does start a 12-month
clock for EPA to act on the SIP
submittal. See CAA section 110(k)(2).
The 2009 South Coast PM10
5 Ibid.
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Redesignation Request and Maintenance
Plan became complete by operation of
law on October 28, 2010.
IV. Substantive Requirements for
Redesignation
The CAA establishes the requirements
for redesignation of a nonattainment
area to attainment. Specifically, section
107(d)(3)(E) allows for redesignation
provided that the following criteria are
met: (1) EPA determines that the area
has attained the applicable NAAQS; (2)
EPA has fully approved the applicable
implementation plan for the area under
section 110(k); (3) EPA determines that
the improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable federal air pollution control
regulations, and other permanent and
enforceable reductions; (4) EPA has a
fully-approvable maintenance plan for
the area meeting the requirements of
CAA section 175A; and (5) the State
containing such area has met all
requirements applicable to the area
under section 110 and part D of the
CAA.
EPA provided guidance on
redesignations in a document entitled,
‘‘State Implementation Plans; General
Preamble for the Implementation of
Title I of the Clean Air Act Amendments
of 1990,’’ published in the Federal
Register on April 16, 1992 (57 FR
13498), and supplemented on April 28,
1992 (57 FR 18070) (referred to herein
as the ‘‘General Preamble’’). Other
relevant EPA guidance documents
include: ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, EPA Office of Air
Quality Planning and Standards,
September 4, 1992 (referred to herein as
the ‘‘Calcagni memo’’); ‘‘State
Implementation Plans for Serious PM10
Nonattainment Areas, and Attainment
Date Waivers for PM10 Nonattainment
Areas Generally; Addendum to the
General Preamble for the
Implementation of title I of the Clean
Air Act Amendments of 1990,’’ 59 FR
41998 (August 16, 1994) (PM10
Addendum); and ‘‘Part D New Source
Review (part D NSR) Requirements for
Areas Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994
(Nichols Memo).
In this proposed rulemaking action,
EPA applies these policies to the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, taking
into consideration the specific factual
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issues presented. For the reasons set
forth in section V of this document, we
propose to approve CARB’s request for
redesignation of the South Coast PM10
nonattainment area to attainment for the
24-hour PM10 NAAQS based on our
conclusion that all of the criteria under
CAA section 107(d)(3)(E) have been
satisfied.
V. Evaluation of the State’s
Redesignation Request for the South
Coast PM10 Nonattainment Area
A. Determination That the Area Has
Attained the PM10 NAAQS
CAA section 107(d)(3)(E)(i) requires
that we determine that the area has
attained the NAAQS. Generally, EPA
determines whether an area’s air quality
is meeting the 24-hour PM10 NAAQS
based upon complete,6 quality-assured,
and certified data gathered at
established state and local air
monitoring stations (SLAMS) in the
nonattainment area, and entered into
the EPA Air Quality System (AQS)
database. Data from air monitors
operated by state, local, or tribal
agencies in compliance with EPA
monitoring requirements must be
submitted to AQS. These monitoring
agencies certify annually that these data
are accurate to the best of their
knowledge. Accordingly, EPA relies
primarily on data in AQS when
determining the attainment status of an
area. See 40 CFR 50.6; 40 CFR part 50,
appendices J and K; 40 CFR part 53;
and, 40 CFR part 58, appendices A, C,
D, and E.7
In the South Coast PM10
nonattainment area, the agency
responsible for assuring that the area
meets air quality monitoring
requirements is SCAQMD. Both CARB
and SCAQMD submit annual
monitoring network plans to EPA.
SCAQMD network plans describe the
monitoring network operated by
SCAQMD in the South Coast
nonattainment area. These plans discuss
the status of the air monitoring network,
as required under 40 CFR 58.10.
SCAQMD operates 23 air quality
monitoring stations for PM10 in the
South Coast Air Basin. As required by
40 CFR part 58, the District conducts
annual reviews of the air quality
monitoring network that are forwarded
to CARB and EPA for evaluation. Since
2007, EPA regularly reviews these
6 For PM , a complete set of data includes a
10
minimum of 75 percent of the scheduled PM10
samples per quarter. See 40 CFR part 50, Appendix
K, section 2.3(a).
7 Because the annual PM
10 standard was revoked
effective December 18, 2006, this document
discusses only attainment of the 24-hour PM10
standard. See 71 FR 61144; (October 17, 2006).
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annual plans for compliance with the
applicable reporting requirements in 40
CFR part 58. With respect to PM10, EPA
has found that the area’s network plans,
submitted by SCAQMD, meet the
applicable requirements of 40 CFR part
58. See EPA letters to SCAQMD
approving their annual network plans
for the years 2008, 2009, 2010, and
2011.8 9 10 11
EPA also concluded from its
Technical System Audit of the CARB
Primary Quality Assurance Organization
(PQAO) (conducted during the spring of
2010), that the combined ambient air
monitoring network operated by
SCAQMD currently meets or exceeds
the requirements for the minimum
number of SLAMS for PM10 in the South
Coast nonattainment area.12 SCAQMD
annually certifies that the data it
submits to AQS are complete and
quality-assured.13
Complete, quality-assured data since
2007 show that the area has been
attaining the standard beginning in
2008. Since comprehensive monitoring
began for PM10 in the South Coast in the
1960s, the area has seen a significant
decline in ambient levels. Table 1
displays the PM10 data for the South
Coast area for the years 2006–2012. All
data except 2012 data have been
certified by SCAQMD. Data for all sites
exceed 75% annual completeness.14
24-hour PM10 levels in South Coast
are below the standard with no or zero
expected exceedances for the 2008–2011
period at all sites in the South Coast
nonattainment area, the most recent 3year period of certified, quality-assured
data.15 See EPA, Air Quality System,
Design Value Report, January 2nd, 2013.
Therefore, EPA is determining that
the South Coast PM10 nonattainment
area has attained the 1987 24-hour PM10
standard and continues to attain the
standard to date based on the most
recent available AQS data. In addition,
preliminary air quality data for the year
2012 indicates that the area is
continuing to attain. EPA expects to
have certified data for 2012 before
finalizing any proposal and will include
an analysis of any available preliminary
data for 2013.
TABLE 1—SOUTH COAST PM10 AIR QUALITY MONITORING DATA
Expected exceedances
Site
2006–2008
Azusa ...............................................................................
Burbank ............................................................................
Glendora ..........................................................................
LAX Hastings ...................................................................
Los Angeles—Main St. ....................................................
North Long Beach ............................................................
Santa Clarita ....................................................................
South Long Beach ...........................................................
Anaheim ...........................................................................
Mission Viejo ....................................................................
Banning ............................................................................
Lake Elsinore ...................................................................
Mira Loma (Van Buren) ...................................................
Norco ................................................................................
Perris ................................................................................
Riverside (Magnolia) ........................................................
Rubidoux ..........................................................................
Crestline ...........................................................................
Fontana ............................................................................
Ontario Fire Station ..........................................................
Redlands ..........................................................................
San Bernardino ................................................................
Upland ..............................................................................
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a 2012
2007–2009
2
0
0
0
0
2
2
0
2
0
0
0
0
2
9.7
..........................
1
0
4.4
2
0
2
n/a
2008–2010
2
0
0
0
0
2
2
0
2
0
0
0
0
2
9.7
..........................
1
0
4.4
2
0
2
0
2010–2012 a
2009–2011
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
data have not been certified.
8 Letter from Sean Hogan, Manager, Air Quality
Analysis Office, U.S. EPA Region IX, to Dr. Chung
Liu, Deputy Executive Officer, SCAQMD, dated
May 30, 2008.
9 Letter from Joe Lapka, Acting Manager, Air
Quality Analysis Office, U.S. EPA Region IX, to Dr.
Chung Liu, Deputy Executive Officer, SCAQMD,
dated November 12, 2009.
10 Letter from Matthew Lakin, Manager, Air
Quality Analysis Office, U.S. EPA Region IX, to Dr.
Chung Liu, Deputy Executive Officer, SCAQMD,
dated November 1, 2010.
11 Letter from Matthew Lakin, Manager, Air
Quality Analysis Office, U.S. EPA Region IX, to Dr.
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Chung Liu, Deputy Executive Officer, SCAQMD,
dated November 1, 2011.
12 Technical System Audit Report, South Coast
Air Quality Management District, April 13–April
16, 2010, Conducted by Air Quality Analysis Office
and Quality Assurance Office, US EPA Region 9, 75
Hawthorne Street, San Francisco, California 94105,
March 2011.
13 See, e.g., letter from Chung Liu, Deputy
Executive Officer Science and Technology
Advancement, South Coast Air Quality
Management District, to Jared Blumenfeld, Regional
Administrator, U.S. EPA Region IX, certifying
calendar year 2011 ambient air quality data and
quality assurance data, May 1, 2012, in the docket
for today’s action.
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14 See EPA, Air Quality System Design Value
Reports dated December 18, 2012–January 2, 2013
for completeness information, as well as the TSD.
The reports and TSD can be found in the docket for
today’s action.
15 See EPA, Air Quality System Design Value
Reports dated December 18, 2012–January 2, 2013
in the docket for today’s action. A design value is
an ambient concentration calculated using a
specific methodology from monitored air quality
data and is used to compare an area’s air quality
to a NAAQS. The methodologies for calculating
expected exceedances for the 24-hour PM10 NAAQS
are found in 40 CFR Part 50, Appendix K, Section
2.1(a).
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B. The Area Has a Fully-Approved SIP
Meeting Requirements Applicable for
Purposes of Redesignation Under
Section 110 and Part D
Section 107(d)(3)(E)(ii) and (v) require
EPA to determine that the area has a
fully-approved SIP under section 110(k)
that meets all applicable requirements
under section 110 and part D for the
purposes of redesignation.
EPA may rely on prior SIP approvals
in approving a redesignation request.
Calcagni memo p. 3, Wall v. EPA F.3d
416 (6th Cir. 2001), Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998), as well as any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25418, at 25426 (May 12, 2003), and
citations therein.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1. Basic SIP Requirements Under CAA
Section 110
The general SIP elements and
requirements set forth in section
110(a)(2) include, but are not limited to,
the following: Submittal of a SIP that
has been adopted by the State after
reasonable public notice and hearing;
provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provision for the
implementation of part C requirements
for prevention of significant
deterioration (PSD) provisions;
provisions for the implementation of
part D requirements for nonattainment
new source review (nonattainment NSR)
permit programs; provisions for air
pollution modeling; and provisions for
public and local agency participation in
planning and emission control rule
development.
We note that SIPs must be fully
approved only with respect to
applicable requirements for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). The section 110
(and part D) requirements that are
linked to a particular nonattainment
area’s designation and classification are
the relevant measures to evaluate in
reviewing a redesignation request.
Requirements that apply regardless of
the designation of any particular area in
the State are not applicable
requirements for the purposes of
redesignation, and the State will remain
subject to these requirements after the
South Coast PM10 nonattainment area is
redesignated to attainment.
For example, CAA section
110(a)(2)(D) requires that SIPs contain
certain measures to prevent sources in
a state from significantly contributing to
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air quality problems in another state,
known as ‘‘transport SIPs.’’ Because the
section 110(a)(2)(D) requirements for
transport SIPs are not linked to a
particular nonattainment area’s
designation and classification but rather
apply regardless of the attainment
status, these are not applicable
requirements for the purposes of
redesignation under section
107(d)(3)(E).
Similarly, EPA believes that other
section 110 (and part D) requirements
that are not linked to nonattainment
plan submittals or to an area’s
attainment status are not applicable
requirements for purposes of
redesignation. EPA believes that the
section 110 (and part D) requirements
that relate to a particular nonattainment
area’s designation and classification are
the relevant measures to evaluate in
reviewing a redesignation request. This
view is consistent with EPA’s existing
policy on applicability of the conformity
SIP requirement for redesignations. See
discussion in 75 FR 36023, 36026 (June
24, 2010).
On numerous occasions over the past
35 years, CARB and the District have
submitted and EPA has approved
provisions addressing the basic CAA
section 110 provisions. The South Coast
portion of the approved California SIP
contains enforceable emissions
limitations; requires monitoring,
compiling, and analyzing of ambient air
quality data; requires preconstruction
review of new or modified stationary
sources; provides for adequate funding,
staff, and associated resources necessary
to implement its requirements; and
provides the necessary assurances that
the State maintains responsibility for
ensuring that the CAA requirements are
satisfied in the event that South Coast
is unable to meet its CAA requirements.
There are no outstanding or
disapproved applicable section 110 SIP
submittals with respect to the State and
the SCAQMD.16 We propose to
conclude that CARB and the SCAQMD
have met all SIP requirements for the
South Coast air basin applicable for
purposes of redesignation for the PM10
NAAQS under section 110 of the CAA
(General SIP Requirements).
2. SIP Requirements Under Part D
Subparts 1 and 4 of part D, title 1 of
the CAA contain air quality planning
requirements for PM10 nonattainment
areas. Subpart 1 contains general
requirements for all nonattainment areas
16 The applicable California SIP for all
nonattainment areas can be found at: https://
yosemite.epa.gov/r9/r9sips.nsf/
Casips?readform&count=100&state=California.
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of any pollutant, including PM10,
governed by a NAAQS. The subpart 1
requirements include, among other
things, provisions for reasonable
available control measures (RACM),
reasonable further progress (RFP),
emissions inventories, contingency
measures, and conformity. Subpart 4
contains specific planning and
scheduling requirements for PM10
nonattainment areas. Section 189(a), (c),
and (e) requirements apply specifically
to moderate PM10 nonattainment areas
and include: (1) An approved permit
program for construction of new and
modified major stationary sources; (2)
provisions for RACM; (3) an attainment
demonstration; (4) quantitative
milestones demonstrating RFP toward
attainment by the applicable attainment
date; and (5) provisions to ensure that
the control requirements applicable to
major stationary sources of PM10 also
apply to major stationary sources of
PM10 precursors except where the
Administrator has determined that such
sources do not contribute significantly
to PM10 levels that exceed the NAAQS
in the area.
With respect to the requirements
associated with subpart 4, as discussed
above, we have approved PM10 SIPs for
the South Coast as meeting the
requirements of CAA section
189(a)(1)(B) for an attainment
demonstration, CAA sections 172(c) and
189(1)(C) for RACM, CAA section
189(c)(1) for an RFP demonstration, and
contingency measures under 172(c)(9).
We also approved the South Coast 1997
AQMP, 1998 and 1999 Amendments,
and 2002 revisions as meeting BACM
requirements for serious PM10
nonattainment areas (see our proposed
rule at 67 FR 77212 (December 17, 2002)
and our final rule at 68 FR 19316 (April
18, 2003)). The 2002 SIP also
demonstrated that the plan included
MSM pursuant to CAA 188(e). See 67
FR 77212, at 77216 (December 17,
2002).
Permits for New and Modified Major
Stationary Sources
CAA sections 172(c)(5) and
189(a)(1)(A) require the State to submit
SIP revisions that establish certain
requirements for new or modified
stationary sources in nonattainment
areas, including provisions to ensure
that major new sources or major
modifications of existing sources of
nonattainment pollutants incorporate
the highest level of control, referred to
as the Lowest Achievable Emission Rate
(LAER), and that increases in emissions
from such stationary sources are offset
so as to provide for reasonable further
progress towards attainment in the
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nonattainment area. The process for
reviewing permit applications and
issuing permits for new or modified
stationary sources in nonattainment
areas is referred to as ‘‘nonattainment
New Source Review’’ (nonattainment
NSR).
With respect to the part D
requirements for a nonattainment NSR
permit program for construction of new
and modified major stationary sources,
EPA has previously approved
nonattainment NSR rules (SCAQMD
Regulation XIII—New Source Review)
for the SCAQMD, which cover the
South Coast air basin. NSR for point
sources of PM10 and PM10 precursors is
addressed through the SCAQMD’s NSR
program (Regulation XIII). We approved
the District’s NSR program on December
4, 1996 (see 61 FR 64291), as well as
two revisions at 64 FR 13514 (March 19,
1999), and a final rule at 71 FR 35157
(June 19, 2006)) as satisfying the NSR
requirements in title I, part D of the
CAA. Table 2 shows the adoption,
submittal, and SIP approval status of the
District’s NSR rules.
TABLE 2—MOST RECENT ADOPTION, SUBMITTAL, AND SIP APPROVAL STATUS OF SCAQMD’S NSR RULES
Rule
Adoption
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1301 General ...............................................................................................
1302 Definitions ...........................................................................................
1303 Requirements ......................................................................................
1304 Exemptions from Regulation XIII ........................................................
1305 Special Permit Provisions ...................................................................
1306 Emission Calculations .........................................................................
1309 Emission Reduction Credits ................................................................
1309.1 Priority Reserve ................................................................................
1310 Analysis, Notice, and Reporting ..........................................................
1313 Permits to Operate ..............................................................................
1315 Federal New Source Review Tracking System ..................................
Final approval of the NSR program,
however, is not a prerequisite to
finalizing our proposed approval of the
State’s redesignation request. EPA has
determined in past redesignations that a
NSR program does not have to be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the standard without
part D NSR requirements in effect. The
rationale for this position is described in
a memorandum from Mary Nichols,
Assistant Administrator for Air and
Radiation, dated October 14, 1994,
entitled ‘‘Part D NSR Requirements for
Areas Requesting Redesignation to
Attainment.’’ See the more detailed
explanations in the following
redesignation rulemakings: Detroit, MI
(60 FR 12459, at 12467–12468, March 7,
1995); Cleveland-Akron-Lorrain, OH (61
FR 20458, 20469–20470, May 7, 1996);
Louisville, KY (66 FR 53665, 53669,
October 23, 2001); Grand Rapids, MI (61
FR 31831, 31836–31837, June 21, 1996);
and San Joaquin Valley, CA (73 FR
22307, 22313, April 25, 2008 and 73 FR
66759, 66766–7, November 12, 2008).
The requirements of the PSD program
under Part C will apply to PM10 rather
than Regulation XIII once the area has
been redesignated. See SCAQMD Rule
1303(b). Thus, new major sources of
PM10 emissions and major modifications
at major sources of PM10 as defined
under 40 CFR 52.21 will be required to
obtain a PSD permit or include PM10
emissions in their existing PSD permit.
SCAQMD is the PSD permitting
authority in the South Coast air basin,
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and operates a delegated PSD
program.17
California has made clear to EPA that
the maintenance demonstration in the
redesignation request and maintenance
plan for the South Coast PM10
nonattainment area does not rely on the
continued implementation of
nonattainment NSR (i.e., offsets to
mitigate emissions growth) to
demonstrate maintenance of the PM10
standard.18
Control Requirements for PM10
Precursors
Section 189(e) of the CAA requires
that the control requirements applicable
under the part D SIP for major stationary
sources of PM10 also apply to major
stationary sources of PM10 precursors,
except where the Administrator
determines that such sources do not
contribute significantly to PM10 levels
that exceed the standard in the area.
South Coast’s PM10 Redesignation
Request and Maintenance Plan indicates
that NOX, VOCs and SOX are PM10
precursors in the secondary formation of
atmospheric aerosols, which are a
significant component of PM10
17 See U.S. EPA—South Coast Air Quality
Management District Agreement for Partial
Delegation of Authority to Issue and Modify
Prevention of Significant Deterioration Permits
Subject to 40 CFR 52.21, dated July 25, 2007, in the
docket for today’s action.
18 See Letter, Elaine Chang, DrPH, Deputy
Executive Officer, South Coast Air Quality
Management District, to Deborah Jordan, Director,
Air Division, US Environmental Protection Agency,
Region 9, dated March 21, 2013 in the docket for
today’s action.
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Submittal
to EPA
08/28/96
03/10/98
08/28/96
08/28/96
07/10/84
08/28/96
08/28/96
12/23/2002
08/28/96
08/28/96
3/2/11
Approval
date
12/04/96
03/19/99
12/04/96
12/04/96
01/29/85
12/04/96
12/04/96
06/19/06
12/04/96
12/04/96
5/25/12
Federal Register citation
61
64
61
61
50
61
61
71
61
61
77
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
64291.
13514.
64291.
64291.
3906.
64291.
64291.
35157.
64291.
64291.
31200.
concentrations in the South Coast
area.19 To satisfy ozone and PM2.5
nonattainment requirements in CAA
section 182(b), SCAQMD has adopted
and EPA has approved RACM for NOX,
VOCs, SOX, and directly-emitted PM2.5,
and Reasonably Available Control
Technology (RACT) rules to reduce NOX
and VOC emissions from existing
sources.20 These rules also address the
control requirements in CAA section
189(e) because they control NOX, VOC,
SOX and PM2.5 emissions from major
stationary sources. Major stationary
sources of NOx and VOC are also
controlled by Regulation XIII, which is
the District’s nonattainment NSR
permitting program.
Compliance With Section 110(a)(2)
Section 172(c)(7) requires the SIP to
meet applicable provisions of section
110(a)(2). As noted above, we conclude
the California SIP meets the
requirements of section 110(a)(2)
applicable for purposes of this
redesignation.
General and Transportation Conformity
Requirements
With respect to the conformity
requirement, section 176(c) of the CAA
19 The 2009 South Coast PM
10 Maintenance Plan
indicates that PM10 in the South Coast air basin
consists of 56% PM2.5 and 44% PM10 (PM10 is
dominated by fugitive dust.) See 2009 South Coast
PM10 Maintenance Plan, pages 5 and 17.
20 See Final 2007 Air Quality Management Plan,
South Coast Air Quality Management District, June
2007, especially Appendices IV–A through IV–C,
and 76 FR 69928 (November 9, 2011) and 77 FR
12674 (March 1, 2012).
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requires states to establish criteria and
procedures to ensure that federally
supported or funded projects ‘‘conform’’
to the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under Title 23 U.S.C. and the Federal
Transit Act (‘‘transportation
conformity’’), as well as to other
federally-supported or funded projects
(‘‘general conformity’’). State conformity
regulations must be consistent with
federal conformity regulations that the
CAA required EPA to promulgate
relating to consultation, enforcement
and enforceability.
SCAQMD’s general conformity
regulation, Rule 1901, was submitted to
EPA on November 30, 1994 and
approved on April 23, 1999 (see 64 FR
19916).
SCAQMD’s transportation conformity
regulation, Rule 1902, and subsequent
rule revisions were submitted to EPA on
September 9, 1994, May 10, 1996, and
August 14, 1998, but the SIP has not
been approved. EPA believes it is
reasonable to interpret the conformity
SIP requirements as not applying for
purposes of a redesignation request
under section 107(d) because state
conformity rules are still required after
redesignation, and federal conformity
rules apply where state rules have not
been approved. See Wall v. EPA, 265 F.
3d 426 (6th Cir. 2001), upholding this
interpretation. See also, 60 FR 62748
(December 7, 1995).
Thus, EPA proposes to determine
that, if EPA finalizes today’s proposal
and finally approves the emissions
inventory and motor vehicle emissions
budgets for SCAQMD, the State has a
fully-approved SIP meeting all
requirements applicable under section
110 and part D for the South Coast
nonattainment area for purposes of
redesignation. CAA Section
107(d)(3)(E)(v).
C. EPA Has Determined That the
Improvement in Air Quality Is Due to
Permanent and Enforceable Reductions
in Emissions
Section 107(d)(3)(E)(iii) requires EPA
to determine that the improvement in
air quality is due to emission reductions
that are permanent and enforceable
resulting from the implementation of
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the applicable SIP and applicable
federal air pollution control regulations
and other permanent and enforceable
regulations in order to approve a
redesignation to attainment. Under this
criterion, the State must be able to
reasonably attribute the improvement in
air quality to emissions reductions that
are permanent and enforceable.
Attainment resulting from temporary
reductions in emissions rates (e.g.,
reduced production or shutdown) or
unusually favorable meteorology would
not qualify as an air quality
improvement due to permanent and
enforceable emission reductions.
Calcagni memorandum, p. 4.
EPA may rely on prior SIP approvals
in approving a redesignation request.
Calcagni memo, p. 3, Wall v. EPA F.3d
416 (6th Cir. 2001), Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998), as well as any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25418, at 25426 (May 12, 2003), and
citations therein.
The SCAQMD has jurisdiction over
air quality planning requirements for
the South Coast air basin. The SCAQMD
has adopted numerous plans, rules, and
revisions for the South Coast air basin
in order to reduce PM10 and PM10
precursor emissions. The 2009 South
Coast PM10 Redesignation Request and
Maintenance Plan includes a list of
control measures adopted and
implemented by SCAQMD and
approved into the SIP by EPA as
reducing emissions to attain the 24-hour
PM10 NAAQS.
Over the years, the SCAQMD has
adopted and the State has submitted
PM10 attainment plans and regulations
for the South Coast PM10 nonattainment
area. In 2003, we fully approved the
PM10 attainment plan for the South
Coast as meeting all CAA requirements
for serious PM10 nonattainment areas,
and as part of that action we also
granted an attainment date extension for
the area for both the 24-hour and annual
PM10 NAAQS, from December 31, 2001
to December 31, 2006, pursuant to CAA
section 188(e). For more information on
the 2003 approval of the South Coast
PM10 attainment plan, please see our
proposed and final rulemaking notices.
The proposal was published on
December 17, 2002 (67 FR 77212) and
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20875
the final approval was published on
April 18, 2003 (68 FR 19316). Thus, the
South Coast has a fully-approved PM10
SIP with respect to RACM, BACM,
MSM, and other serious PM10 area
planning requirements.
On August 1, 2003, the SCAQMD
adopted the 2003 South Coast Air
Quality Management Plan (‘‘2003 South
Coast AQMP’’), including new motor
vehicle emissions budgets for the area.
CARB approved the plan on October 23,
2003, and submitted the plan to us on
January 9, 2004. We approved the
portions of this plan that addressed
attainment of the PM10 standards in the
South Coast on November 14, 2005. (See
70 FR 69081)
We have previously approved
SCAQMD regulations for the control of
directly-emitted PM10. See for example,
our most recent approvals of revisions
to SCAQMD Rules 403 and 1186 on
March 10, 2008 (73 FR 12639),
following SCAQMD adoption of
amendments strengthening these rules.
The 2009 South Coast PM10
Redesignation Request and Maintenance
Plan also provides a summary of the
District rules and regulations that apply
to sources of PM10 and PM10 precursors
within the South Coast air basin. 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, page 16.
While the focus of attaining and
maintaining the PM10 standard in the
South Coast PM10 nonattainment area
has been on controls for fugitive dust,
measures that control PM10 precursors,
most of which have been SIP-approved,
also benefit air quality.21 Those
measures that EPA has already
approved into the South Coast SIP
contribute to attainment and
maintenance of the PM10 NAAQS. We
list these measures in Table 3.
21 While there are eight measures listed on page
16 of the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan, including rules to
control fugitive dust and controlled burning,
additional rules are listed in Table 3 which may
help address the PM10 problem in the South Coast.
We have approved all but one of these rules into
the SIP, and the remaining rule, South Coast Rule
1127, was proposed for approval into the SIP on
January 23, 2013. The comment period ended and
no comments were received. A final approval of
Rule 1127 is expected prior to our final action on
the 2009 South Coast PM10 Redesignation Request
and Maintenance Plan. (See 78 FR 7703, February
4, 2012).
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TABLE 3—MOST RECENT EPA APPROVAL STATUS OF SOUTH COAST RULES FOR ATTAINMENT AND MAINTENANCE OF THE
PM10 STANDARD
Rule No.
Rule name
403 .........
444 .........
445 .........
1105.1 ....
1118 .......
1127 .......
1133.2 ....
1156 .......
1157 .......
1158 .......
1186 .......
Adoption date
Submittal date
Fugitive Dust ..............................................................................
Open Burning .............................................................................
Wood Burning Devices ...............................................................
Reduction of PM10 and Ammonia Emissions from Fluid Catalytic Cracking Units.
Control of Emissions from Refinery Flares ................................
Livestock Waste .........................................................................
06/03/05
12/21/01
03/07/08
11/07/03
10/05/05
01/22/02
07/18/08
06/03/04
03/10/08
04/08/02
06/11/09
01/04/06
11/04/05
08/06/04
10/05/06
10/05/06
Emission Reductions from Co-Composting Operations .............
Further Reductions of Particulate Emissions from Cement
Manufacturing Facilities.
PM10 Emission Reductions from Aggregate and Related Operations.
Storage, Handling, and Transport of Coke, Coal and Sulfur .....
PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations.
01/10/03
03/06/09
06/05/03
04/29/09
08/28/07
Proposal
February 4,
2013
07/21/04
9/4/12
69 FR 43518.
77 FR 53773.
09/08/06
05/15/10
03/07/12
77 FR 13495.
7/11/08
07/11/08
12/23/08
12/23/08
11/10/09
03/07/12
74 FR 57907.
77 FR 13495.
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Source categories for which CARB has
primary responsibility for reducing
emissions in California include most
new and existing on- and off-road
engines and vehicles, motor vehicle
fuels, and consumer products. In
addition, California has unique
authority under CAA section 209
(subject to a waiver by EPA) to adopt
and implement new emission standards
for many categories of on-road vehicles
and engines, and new and in-use offroad vehicles and engines. California
has been a leader in the development of
some of the most stringent control
measures nationwide for on-road and
off-road mobile sources and the fuels
that power them. These measures have
helped reduce primary PM10 and PM10
precursors in the South Coast PM10
nonattainment area and throughout the
State.
CARB’s 2007 State Strategy and 2009
and 2011 updates to the State Strategy
provide a recent summary of the
measures adopted and implemented by
the State.22 From 1994 to 2006, the State
promulgated more than thirty-five rules
that have achieved significant emission
reductions contributing to attainment
and continued attainment in the South
Coast PM10 nonattainment area. See
2007 State Strategy, p. 38.23 These
measures include new emission
standards and in-use requirements that
have resulted in significant reductions
22 See ‘‘Air Resources Board’s Proposed State
Strategy for California’s 2007 State Implementation
Plan,’’ release date: April 26, 2007 (2007 State
Strategy).
23 The 2007 Proposed State Strategy can be found
at: https://arb.ca.gov/planning/sip/2007sip/
apr07draft/sipback.pdf. Page 38 of the Proposed
State Strategy lists forty-five actions the State would
undertake. CARB revised and updated the State
Strategy in 2009 and 2011; see https://
www.arb.ca.gov/planning/sip/2007sip/2007sip.htm.
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in emissions of PM10 and PM10
precursors (i.e., NOX, SOX and VOCs)
from categories such as passenger cars,
trucks, buses, motorcycles, locomotives,
cargo handling equipment, marine
vessels and large off-road equipment.
EPA has generally approved all of the
State’s measures that are not subject to
the CAA section 209 waiver process into
the SIP. See EPA’s final approval of the
South Coast PM2.5 plan at 76 FR 69928
(November 9, 2011) and accompanying
Technical Support Document (TSD).24
Finally, in addition to the local
district and State rules discussed above,
the South Coast PM10 nonattainment
area has also benefited from emission
reductions from federal measures. These
federal measures include EPA’s national
emissions standards for heavy-duty
diesel trucks (66 FR 5001 (January 18,
2001)), certain emissions standards for
new construction and farm equipment
(Tier 2 and 3 non-road engines
standards, 63 FR 56968 (October 23,
1998) and Tier 4 diesel non-road engine
standards, 69 FR 38958 (June 29, 2004)),
and locomotive engine standards (63 FR
18978 (April 16, 1998) and 73 FR 37096
(June 30, 2008)).
The on-road and off-road vehicle and
engine standards cited above have
contributed to improved air quality
through the gradual, continued turnover
and replacement of older vehicle
models with newer models
manufactured to meet increasingly
stringent emissions standards.
24 Final Technical Support Document and
Responses to Comments, Final Rulemaking Action
on the South Coast 2007 AQMP for PM2.5 and the
South Coast portions of the Revised 2007 State
Strategy, September 30, 2011. This document can
be found at: https://www.regulations.gov/#!
documentDetail;D=EPA-R09-OAR-2009-0366-0136,
and in the docket for today’s action.
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FR date
FR cite
73
67
74
71
FR
FR
FR
FR
12639.
16644.
27716.
241.
72 FR 49196.
78 FR 7703.
Thus, EPA is proposing to find that
the improvement in PM10 air quality for
the South Coast air basin is the result of
permanent and enforceable reductions
in emissions from significant sources of
PM10 and PM10 precursors in the basin,
and that attainment of the PM10
standard will be maintained based on
the continued implementation of these
measures. EPA is proposing to find that
the improvement in air quality is not the
result of temporary reductions (e.g.,
economic downturns or shutdowns) or
unusually favorable meteorology, but
that the improvement in air quality in
the South Coast PM10 nonattainment
area is due to permanent and
enforceable emissions reductions under
107(d)(3)(E)(iii).
D. The Area Must Have a FullyApproved Maintenance Plan Under
CAA Section 175A
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. We
interpret this section of the Act to
require, in general, the following core
elements: Attainment inventory,
maintenance demonstration plus a
commitment to submit a second
maintenance plan eight years after
redesignation, monitoring network,
verification of continued attainment,
and contingency plan. See Calcagni
memo, pages 8 through 13.
Under CAA section 175A, a
maintenance plan must demonstrate
continued attainment of the applicable
NAAQS for at least ten years after EPA
approves a redesignation to attainment.
Eight years after redesignation, the State
must submit a revised maintenance plan
that demonstrates continued attainment
for the subsequent ten-year period
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following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain such
contingency provisions that EPA deems
necessary to promptly correct any
violation of the NAAQS that occurs after
redesignation of the area. Based on our
review and evaluation, as detailed
below, we are proposing to approve the
2009 South Coast PM10 Redesignation
Request and Maintenance Plan because
it meets the requirements of CAA
section 175A.
1. Attainment Inventory
Section 172(c)(3) of the CAA requires
plan submittals to include a
comprehensive, accurate, and current
inventory of emissions from all sources
in the nonattainment area. In
demonstrating maintenance in
accordance with CAA section 175A and
the Calcagni memo, the State should
provide an attainment emissions
inventory to identify the level of
emissions in the area sufficient to attain
the NAAQS. Where the State has made
an adequate demonstration that air
quality has improved as a result of the
SIP, the attainment inventory will
generally be an inventory of actual
emissions at the time the area attained
the standard. EPA’s primary guidance in
evaluating these inventories is the
document entitled, ‘‘PM10 Emissions
Inventory Requirements,’’ EPA, Office of
Air Quality Planning and Standards,
EPA–454/R–94–033 (September 1994)
which can be found at: https://
www.epa.gov/ttn/chief/eidocs/
pm10eir.pdf.
A maintenance plan for the 24-hour
PM10 standard must include an
inventory of emissions of PM10 and its
precursors (typically NOX, VOCs and
SOX) in the area to identify a level of
emissions sufficient to attain the 24hour PM10 NAAQS. This inventory must
be consistent with EPA’s most recent
guidance on emissions inventories for
nonattainment areas available at the
time and should represent emissions
during the time period associated with
the monitoring data showing
attainment. The inventory must also be
comprehensive, including emissions
from stationary point sources, area
sources, and mobile sources.
The 2009 South Coast PM10
Redesignation Request and Maintenance
Plan provides an estimated daily PM10
emissions inventory for 2002 through
2030. The year 2010 provides an
appropriate attainment year inventory
because it is one of the years in the most
recent three-year periods (2008–2010,
2009–2011, and 2010–2012) in which
attainment of the PM10 NAAQS was
monitored. Table 4 presents the PM10
emissions inventories for 2002 through
2030 provided in the 2009 South Coast
PM10 Redesignation Request and
Maintenance Plan.
TABLE 4—SOUTH COAST ANNUAL AVERAGE PM10 EMISSIONS FOR 2002 THROUGH 2030 FOR PM10 SOURCES
[Tons per day]
Category
2002
2006
2008
2010
2011
2012
2014
2020
2023
2030
Stationary—Point sources ............
Construction and Demolition ........
Entrained Road Dust/Paved ........
Entrained Road Dust/Unpaved ....
Farming Operations .....................
Fugitive Windblown Dust .............
Other Area Sources .....................
On-road Mobile Sources ..............
Off-road Mobile Sources ..............
21.1
39.9
125.4
13.6
0.8
2.8
23.3
24.8
23.1
20.1
46.9
123.5
11.5
0.7
2.4
28.8
26.5
22.5
17.1
49.8
122.3
10.3
0.6
2.3
29.4
24.9
20.7
17.3
52.9
123.4
10.3
0.6
2.2
30.0
24.3
19.9
17.4
54.3
124.0
10.3
0.6
2.2
30.3
24.3
19.6
17.6
55.8
124.5
10.3
0.6
2.1
30.6
24.2
19.2
17.9
58.7
125.8
10.3
0.5
2.0
31.2
24.0
18.4
18.9
66.0
129.3
10.2
0.4
1.8
32.6
23.6
17.4
19.5
69.7
131.1
10.2
0.4
1.7
33.3
23.6
18.1
20.9
78.9
135.2
10.2
0.3
1.6
35.0
24.7
22.7
Total PM10 .............................
274.7
282.8
277.5
280.9
283.0
284.8
288.7
300.3
307.7
329.6
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 22.
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The 2009 South Coast PM10
Redesignation Request and Maintenance
Plan’s inventory for sources within the
South Coast air basin is subdivided into
three subcategories: stationary sources,
area sources, and mobile sources. Direct
PM10 emissions in the South Coast are
dominated by reentrained road dust
from paved and unpaved roads,
construction and demolition, and onand off-road mobile sources. The 2009
South Coast PM10 Redesignation
Request and Maintenance Plan
estimates emissions for unpaved and
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paved roads at 133.7 tons per day
(47.6% of total emissions) in 2010.
Within the South Coast air basin, in
addition to being directly emitted into
the atmosphere (e.g., primary particles),
PM10 emissions can be formed through
atmospheric chemical reactions from
precursor gases (e.g., secondary
particles). Secondary particles, such as
sulfates, nitrates, and complex carbon
compounds, are formed from reactions
with oxides of sulfur, oxides of nitrogen,
VOCs and ammonia. The District
includes emissions inventories in the
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2009 South Coast PM10 Redesignation
Request and Maintenance Plan for
precursors of PM10 (NOX, SOX, and
VOCs). The District estimates that 56%
of the average peak PM10 mass is
attributable to PM2.5 and 44% to coarse
PM (fugitive dust or PM10). See 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, p. 5.
Table 5 presents the emissions
inventories for PM10, PM2.5 and PM10
precursors (NOX, VOC and SOX) for the
same years as were presented in Table
4.
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TABLE 5—SOUTH COAST ANNUAL AVERAGE PM10 AND PM10 PRECURSOR BASELINE EMISSIONS FOR 2002 THROUGH
2030 FOR PM10 SOURCES
[Tons per day]
Category
2002
PM10 .............................................
PM2.5 ............................................
NOX ..............................................
VOC ..............................................
SOX ..............................................
2006
274.7
99.1
1093.2
844.2
53.3
282.8
104.2
970.7
695.9
54.8
2008
2010
277.5
101.5
853.7
608.0
40.9
280.9
101.4
774.7
572.4
39.2
2011
283.0
101.5
742.9
559.4
40.1
2012
284.8
101.6
711.6
547.9
40.7
2014
288.7
101.6
653.6
527.7
42.8
2020
300.3
103.2
525.2
498.5
51.4
2023
307.8
105.2
506.4
496.0
55.1
2030
329.6
113.6
511.8
508.4
71.7
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 21.
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SCAQMD projects that overall, direct
PM10 emissions will grow from 2008 to
2030 because of growth in the
construction/demolition source
categories, offsetting emissions
reductions from other sources. The
District’s modeling simulations indicate
that despite the growth, the South Coast
nonattainment area will continue to
attain the federal 24-hour PM10 standard
because of the significant improvement
from the decreases in NOx and VOC
emissions leading to a net improvement
in PM10 air quality over the 2002 to
2030 timeframe.
In conclusion, EPA believes that the
selection of 2010 as the attainment year
inventory is appropriate since the area
was determined to have attained by the
2008–2010 period. Based on our review
of the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan, we propose to find that the
emissions inventories for 2010 in the
2009 South Coast PM10 Redesignation
Request and Maintenance Plan are
comprehensive, current, and accurate in
that they include estimates of PM10 and
its precursors from all of the relevant
source categories, which the 2009 South
Coast PM10 Redesignation Request and
Maintenance Plan divides among
stationary, area wide, and mobile
sources. Therefore, we are proposing to
approve the 2010 inventory, which
serves as the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan’s attainment year inventory, as
satisfying the requirements of section
172(c)(3) of the CAA for the purposes of
redesignation of the South Coast PM10
nonattainment area to attainment of the
24-hour PM10 NAAQS.
2. Maintenance Demonstration
Section 175A(a) of the CAA requires
a demonstration of maintenance of the
NAAQS for at least 10 years after
redesignation. Generally, a State may
demonstrate maintenance of the
NAAQS by either showing that future
emissions of a pollutant or its
precursors will not exceed the level of
the attainment inventory, or by
modeling to show that the future
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anticipated mix of sources and emission
rates will not cause a violation of the
NAAQS. For areas that are required
under the Act to submit modeled
attainment demonstrations, the
maintenance demonstration should use
the same type of modeling. Calcagni
memorandum, page 9.
For the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan, the State chose the second option
and demonstrated maintenance of the
24-hour PM10 NAAQS by modeling to
show that the future anticipated mix of
sources and emission rates will not
cause a violation of the NAAQS in the
South Coast Basin as discussed below.
Future PM10 levels in the South Coast
PM10 nonattainment area were modeled
in a two-part analysis, using separate
methods for the fine fraction (PM2.5) and
the coarse fraction (PM2.5 to PM10) of
PM10. For the fine fraction of PM10, the
modeling demonstration was based on
site-specific relative reduction factors
that were generated from the regional
modeling analysis for PM2.5, which
accounted for the chemical formation of
secondary particulate matter.25 The
future levels of the ‘‘coarse’’ fraction
(PM2.5–10) of the PM10 mass were
projected by emissions-based rollback.
The projected total PM10 mass was
estimated by adding the fine fraction of
the modeling results to the coarse
fraction of the modeling results.
The reduction in particulate matter
precursor emissions results in a
reduction in the levels of PM10,
demonstrating maintenance of the PM10
NAAQS for the South Coast Air Basin
for at least ten years after
redesignation.26 The modeled PM10
levels are below the 24-hour PM10
NAAQS level of 150 mg/m3 for each of
the modeled years of 2010, 2011, 2012,
2014, 2020, 2023, and 2030 throughout
25 See
TSD section II–D.
average PM10 values were projected for
the years 2010, 2011, 2012, 2014, 2020, 2023, and
2030. 2009 South Coast PM10 Redesignation
Request and Maintenance Plan, p. 69.
the South Coast Air Basin.27 The
emissions projections for the PM10
precursors NOX and VOC in the South
Coast Air Basin have decreased
significantly since 2002 and are
expected to continue to decrease until
2023, and then increase slightly in 2030.
Although primary PM10 emissions and
emissions of SOX are projected to
increase during this time period, the
significant improvement from the
decreases in NOX and VOC emissions
lead to a net improvement in PM10 air
quality over the 2002 to 2030 timeframe.
EPA proposes to find that the
forecasted decreases in PM10 levels,
based on the decrease in particulate
matter precursor emissions, are
consistent with the control measures
(discussed above) that are being
implemented. Based on our review of
the information presented in the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, we
propose to find that the State has shown
that attainment of the PM10 standard
will be maintained in the South Coast
Air Basin for at least ten years after
redesignation.
3. Verification of Continued Attainment
In demonstrating maintenance,
continued attainment of the NAAQS can
be verified through operation of an
appropriate air quality monitoring
network. The Calcagni memo states that
the maintenance plan should contain
provisions for continued operation of air
quality monitors that will provide such
verification. Calcagni memo, p. 11.
The SCAQMD has committed to
continue to operate an appropriate air
quality monitoring network in
accordance with 40 CFR part 58, to
continue daily monitoring of PM10 at the
existing monitoring site reporting the
highest PM10 concentration, to verify the
ongoing attainment status of the area.
2009 South Coast PM10 Redesignation
Request and Maintenance Plan, Chapter
3, page 26. The SCAQMD monitoring
26 24-hour
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27 The maximum projected 24-hour PM
10 level for
any modeled year is 141 mg/m3 in 2030 in San
Bernardino County.
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network for PM10 is part of an EPAapproved air quality monitoring
network.28
4. Contingency Provisions
Contingency provisions are required
for maintenance plans under section
175A of the CAA to promptly correct
any violations of the NAAQS that occur
after redesignation of the area. Such
provisions must include a requirement
that the State will implement all
measures with respect to the control of
the air pollutant concerned that were
contained in the SIP for the area before
redesignation of the area as an
attainment area. These contingency
provisions are distinguished from those
generally required for nonattainment
areas under section 172(c)(9) in that
they are not required to be fully-adopted
measures that will take effect without
further action by the state in order for
the maintenance plan to be approved.
However, the contingency plan is
considered to be an enforceable part of
the SIP and should ensure that the
contingency measures are adopted
expeditiously once they are triggered by
a specified event.
The Calcagni memo states that the
contingency provisions of the
maintenance plan should identify the
measures to be adopted, a schedule and
procedure for adoption and
implementation, and a time limit for
action by the State. The memo also
states that the contingency provisions
should identify indicators or triggers
which will be used to determine when
the contingency measures need to be
implemented. While the memo suggests
inventory or monitoring indicators, it
states that contingency provisions will
be evaluated on a case-by-case basis.
EPA has long approved contingency
provisions that rely on reductions from
measures that are already in place but
are over and above those relied on for
attainment and RFP under CAA section
172(c)(9). See, e.g., 62 FR 15844 (April
3, 1997); 62 FR 66279 (December 18,
1997); 66 FR 30811 (June 8, 2001); 66 FR
586 and 66 FR 634 (January 3, 2001).
This interpretation has been upheld in
LEAN v. EPA, 382 F.3d 575 (5th Cir.
2004), where the court set forth its
reasoning for accepting excess
reductions from already adopted
measures as contingency measures.
Our interpretation that excess
emission reductions can appropriately
serve as section 172(c)(9) contingency
measures is equally applicable to
section 175A(d) contingency measures.
EPA has approved maintenance plans
under section 175A that included
28 See
footnotes 7–10.
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contingency provisions relying on
measures to be implemented prior to
any post-redesignation NAAQS
violation. See 60 FR 27028, 27029 (May
22, 1995); 73 FR 66759, 66,769
(November 12, 2008).
As required by section 175A of the
CAA, SCAQMD has adopted a
contingency plan to address possible
future PM10 air quality problems. The
contingency provisions in the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan are
contained in Section 3.4 on pages 27–
29 of the plan and were clarified in a
subsequent letter from the District.29
The District clarified in the letter to EPA
that the trigger to implement
contingency provisions is a violation of
the PM10 NAAQS (greater than or equal
to 155 ug/m3), and that the timeframe
for triggering and implementing
maintenance plan contingency
provisions would not exceed 24
months.30 Should a monitored violation
of the PM10 standard occur, not caused
by an exceptional event, the District
commits to first determine if there are
available emissions reductions from
adopted rules that were not relied upon
for PM10 maintenance that could serve
as contingency measures. If no
additional reductions are available, then
the District commits to identify, adopt,
and implement new rules or amend,
adopt, and implement existing rules
(such as South Coast Rules 403, 444,
445, 1157, 1158, and 1186) as
contingency measures to achieve
emissions reductions within 24 months
of the determination that a violation of
the PM10 standard has occurred.
Finally, the District is not proposing
to remove or cease implementing any
existing SIP-approved measures. Thus,
for the reasons set forth above, EPA is
proposing to find that the 2009 South
Coast PM10 Redesignation Request and
Maintenance Plan is consistent with the
maintenance plan contingency
provision requirements of the CAA and
EPA guidance.
29 See Letter, Elaine Chang, DrPH, Deputy
Executive Officer, South Coast Air Quality
Management District, to Deborah Jordan, Director,
Air Division, US Environmental Protection Agency,
Region 9, dated March 21, 2013 in the docket for
today’s action.
30 See Letter, Elaine Chang, DrPH, Deputy
Executive Officer, South Coast Air Quality
Management District, to Deborah Jordan, Director,
Air Division, US Environmental Protection Agency,
Region 9, dated March 21, 2013 in the docket for
today’s action. The District also clarified that the
24-month timeframe does not apply to exceptional
events for which the District has submitted
exceptional events documentation to EPA for
approval.
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5. Commitment To Submit Subsequent
Maintenance Plan Revision
Eight years after redesignation, the
State must submit a revised
maintenance plan that demonstrates
continued attainment for the subsequent
ten-year period following the initial tenyear maintenance period. The 2009
South Coast PM10 Redesignation
Request and Maintenance Plan contains
a commitment in Section 3.5 on page 29
to submit a second maintenance plan
eight years after redesignation to show
maintenance for at least the next ten
year period.
In light of the discussion set forth
above, EPA is proposing to approve the
2009 South Coast PM10 Redesignation
Request and Maintenance Plan for the
South Coast air basin as meeting the
requirements of CAA section 175A.
E. Transportation Conformity and Motor
Vehicle Emissions Budgets
Under section 176(c) of the CAA,
transportation plans, programs and
projects in the nonattainment or
maintenance areas that are funded or
approved under title 23 U.S.C. and the
Federal Transit Laws (49 U.S.C. chapter
53) must conform to the applicable SIP.
In short, a transportation plan and
program are deemed to conform to the
applicable SIP if the emissions resulting
from the implementation of that
transportation plan and program are less
than or equal to the motor vehicle
emissions budgets (budgets) established
in the SIP for the attainment year,
maintenance year and other years. See,
generally, 40 CFR part 93 for the federal
conformity regulations and 40 CFR
93.118 specifically for how budgets are
used in conformity.
The budgets serve as a ceiling on
emissions that would result from an
area’s planned transportation system.
The budget concept is further explained
in the preamble to the November 24,
1993, transportation conformity rule (58
FR 62188). The preamble describes how
to establish budgets in the SIP and how
to revise the budgets if needed.
Maintenance plan submittals must
specify the maximum emissions of
transportation-related PM10 and PM10
precursor emissions allowed in the last
year of the maintenance period, i.e., the
budgets. Budgets may also be specified
for additional years during the
maintenance period. The submittal must
also demonstrate that these emissions
levels, when considered with emissions
from all other sources, are consistent
with maintenance of the NAAQS. In
order for EPA to find these emissions
levels or budgets adequate and
approvable, the submittal must meet the
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conformity adequacy provisions of 40
CFR 93.118(e)(4) and (5).
EPA’s process for determining
adequacy of a budget consists of three
basic steps: (1) Notifying the public of
a SIP submittal; (2) providing the public
the opportunity to comment on the
budget during a public comment period;
and, (3) making a finding of adequacy or
inadequacy. The process for
determining the adequacy of a
submitted budget is codified at 40 CFR
93.118(f).
EPA can notify the public by either
posting an announcement that EPA has
received SIP budgets on EPA’s adequacy
Web site (40 CFR 93.118(f)(1)), or via a
Federal Register notice of proposed
rulemaking when EPA reviews the
adequacy of an implementation plan
budget simultaneously with its review
and action on the SIP itself (40 CFR
93.118(f)(2)).31 Today we are notifying
the public that EPA will be reviewing
the adequacy of the budgets in the
submitted maintenance plan. The public
has a 30-day comment period (see DATES
section of this notice). After this
comment period, EPA will indicate
whether the budgets are adequate via
the final rulemaking or on the adequacy
Web site, according to 40 CFR
93.118(f)(2)(iii).
The 2009 South Coast PM10
Redesignation Request and Maintenance
Plan submitted by CARB contains new
PM10, reactive organic gases (ROG) 32
and NOX budgets for the South Coast
PM10 nonattainment area for 2010, 2020,
and 2030. The PM10, ROG, and NOX
budgets for the South Coast PM10
nonattainment area are summarized in
Table 6. Our adequacy review is
detailed in the TSD accompanying
today’s Federal Register notice.
Therefore, the public comment period
for the adequacy finding will be
concurrent with the public comment
period for our proposed action on the
2009 South Coast PM10 Maintenance
Plan and Redesignation Request.
31 The availability of the SIP submittal with
budgets can be announced for public comment on
EPA’s adequacy Web site at https://www.epa.gov/
otaq/stateresources/transconf/reg9sips.htm#ca
which provides a 30-day public comment period.
The public can then comment directly on this Web
site.
32 The State of California uses the term reactive
organic gases (ROG) where EPA uses the term
volatile organic compounds (VOC). We use the
terms interchangeably here.
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TABLE 6—SUMMARY OF MOTOR VEHICLE EMISSIONS BUDGETS IN THE
SOUTH COAST PM10 REDESIGNATION REQUEST AND MAINTENANCE
PLAN
Budget Year→
Emissions in tons per
day
2010
ROG ........................
NOX ........................
PM10 ........................
2020
2030
182
372
159
110
180
164
81
116
175
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan submittal,
CARB Staff Report, Analysis of the South
Coast Air Basin PM10 Redesignation Request,
Maintenance Plan, and Conformity Budgets,
Table 4, page 10.
In Chapter 3 of the 2009 South Coast
PM10 Redesignation Request and
Maintenance Plan, a PM10 modeling
sensitivity analysis was conducted for
the years 2010 through 2030 to evaluate
the impact of adding 20 tpd of directly
emitted PM10 to the Basin inventory.
The results of this sensitivity analysis
indicated that the additional 20 tpd of
directly-emitted PM10 emissions would
not cause regional 24-hour PM10
concentrations to exceed 150 mg/m3.
The analysis predicted that the
maximum 24-hour average PM10
concentration could potentially reach
141 mg/m3 (94 percent of the standard)
if the 20 tpd of directly-emitted PM10
were added to the baseline inventory.
Thus the South Coast PM10 modeling
indicated a 20 tpd safety margin that
can be added to the baseline inventory
without causing ambient concentrations
to exceed 150 ug/m3 during the 2010 to
2030 period.33
After consultation with the District
and the metropolitan planning
organization for the region, the Southern
California Association of Governments
(SCAG), 5 tpd of directly-emitted PM10
were added to the conformity budget for
2030. In addition, the 2030 ROG budget
was increased by 3 tpd, which is
equivalent to 1 ton of PM10 based on
established modeling ratios. Therefore,
total additions for the 2030 budget are
the equivalent of 6 tpd of PM10. The
additional 6 tpd of PM10 represents only
30 percent of the 20 tpd PM10 safety
margin identified in the 2009 South
Coast PM10 Redesignation Request and
Maintenance Plan. The 6 tpd of PM10
allows for anticipated growth while
setting an emissions budget that ensures
continued maintenance of the standard.
The ROG budgets for 2010 and 2020
were also increased by 7 tpd and 4 tpd,
respectively. Based on established
33 See 2009 South Coast PM
10 Redesignation
Request and Maintenance plan, p. 25.
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modeling ratios, these levels are also
equivalent to 1 tpd of PM10 emissions in
each of these years.
EPA released an update to
Compilation of Air Pollutant Emission
Factors (AP–42) in January of 2011,
which revised the equation for
estimating paved road dust emissions
based on an updated regression that
included new emission tests results.34
SCAQMD staff conducted an additional
technical analysis of their paved road
emission projections using the updated
AP–42 equation and the latest planning
assumptions, to ensure that the motor
vehicle emission budgets were still
consistent with the currently approved
modeling tools and data and the
maintenance demonstration. The
technical analysis showed that the
updated paved road emissions provided
a significant safety margin as compared
to the attainment inventory emissions of
paved road dust for all years for which
motor vehicle emission budgets were
estimated. Therefore, the total motor
vehicle emissions budgets are consistent
with maintenance of the standard.
Based on the information presented in
the 2009 South Coast PM10
Redesignation Request and Maintenance
Plan and our adequacy review to date,
we propose to approve the motor
vehicle emissions budgets in the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan as
meeting the requirements of the CAA
and EPA regulations.
VI. Proposed Actions and Request for
Public Comment
Based on our review of the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan
submitted by the State, air quality
monitoring data, and other relevant
materials, EPA is proposing to find that
the State has addressed all the necessary
requirements for redesignation of the
South Coast air basin to attainment of
the PM10 NAAQS, pursuant to CAA
sections 107(d)(3)(E) and 175A.
First, under CAA section 107(d)(3)(D),
we are proposing to approve CARB’s
request, which accompanied the
submittal of the maintenance plan, to
redesignate the South Coast PM10
nonattainment area to attainment for the
24-hour PM10 NAAQS. We are doing so
based on our conclusion that the area
has met the five criteria for
redesignation under CAA section
107(d)(3)(E). Our conclusion is based on
34 AP–42, Compilation of Air Pollutant Emission
Factors, is the primary compilation of EPA’s
emission factor information. It contains emission
factors and process information for more than 200
air pollution source categories, including paved
roads.
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our proposed determination that the
area has attained the 24-hour PM10
NAAQS; that relevant portions of the
California SIP are fully approved; that
the improvement in air quality is due to
permanent and enforceable reductions
in emissions; that California has met all
requirements applicable to the South
Coast PM10 nonattainment area with
respect to section 110 and part D of the
CAA; and is based on our proposed
approval of the 2009 South Coast PM10
Maintenance Plan as part of this action.
Second, in connection with the 2009
South Coast PM10 Redesignation
Request and Maintenance Plan, EPA
proposes to find that the maintenance
demonstration showing how the area
will continue to attain the 24-hour PM10
NAAQS for at least 10 years beyond
redesignation (i.e., through 2030) and
the associated motor vehicle emissions
budgets (Table 6 of this notice) meet
applicable CAA requirements for
maintenance plans and transportation
conformity requirements under 40 CFR
93.118(e). We are also proposing to
approve the 2010 emissions inventory
as meeting applicable requirements for
emissions inventories in CAA section
175A and 172.
We are soliciting comments on these
proposed actions. We will accept
comments from the public on this
proposal for 30 days following
publication of this proposal in the
Federal Register. We will consider these
comments before taking final action.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. A redesignation
to attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submittal
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 submittals,
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
these reasons, these actions:
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• Are not ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
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20881
Dated: March 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–08117 Filed 4–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2011–0135; FRL–9799–6]
RIN 2060–AQ86
Control of Air Pollution From Motor
Vehicles: Tier 3 Motor Vehicle
Emission and Fuel Standards; Public
Hearing and Comment Period
Environmental Protection
Agency (EPA).
ACTION: Announcement of public
hearings and comment period.
AGENCY:
The EPA is announcing two
public hearings to be held for the
proposed rule ‘‘Control of Air Pollution
from Motor Vehicles: Tier 3 Motor
Vehicle Emission and Fuel Standards’’
(the proposed rule is hereinafter referred
to as ‘‘Tier 3’’), which will be published
separately in the Federal Register. The
hearings will be held in Philadelphia,
PA on April 24, 2013 and in Chicago,
IL on April 29, 2013. The comment
period for the proposed rulemaking will
end on June 13, 2013.
DATES: The public hearings will be held
on April 24, 2013 in Philadelphia, PA
and on April 29, 2013 in Chicago, IL. To
register to testify at either hearing,
notify the contact person listed under
FOR FURTHER INFORMATION CONTACT at
least one week before the date of the
hearing. Information regarding time of
the hearing is also listed below in
SUPPLEMENTARY INFORMATION. The
comment period will end on June 13,
2013.
ADDRESSES: The hearings will be held at
the following locations: The April 24,
2013 hearing will be held at the Sonesta
Hotel Philadelphia, 1800 Market Street,
Philadelphia, PA 19103; the April 29,
2013 hearing will be held at the
Doubletree Magnificent Mile, 300 E.
Ohio Street, Chicago, IL 60611. In
addition, a conference call-in line will
be provided to allow for the opportunity
for the public to listen to each hearing;
information regarding the conference
number and passcode will be posted at
www.epa.gov/otaq/tier3.htm. Please
note that this conference line will allow
the public to listen only; persons
listening will not be able to give an oral
presentation via the conference line.
Written comments on the proposed rule
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20868-20881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2013-0007; FRL-9798-3]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of California;
PM10; Redesignation of the South Coast Air Basin to
Attainment; Approval of PM10 Redesignation Request and
Maintenance Plan for the South Coast Air Basin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve, as a revision to the California
state implementation plan, the State's request to redesignate the Los
Angeles-South Coast Air Basin nonattainment area to attainment, which
is currently designated serious nonattainment for the 1987 national
ambient air quality standards for particulate matter of ten microns or
less. EPA is also proposing to approve the PM10 maintenance
plan and the associated motor vehicle emissions budgets for use in
transportation conformity determinations necessary for the South Coast
area. Finally, EPA is proposing to approve the attainment year
emissions inventory. EPA is proposing these actions because the SIP
revision meets the requirements of the Clean Air Act and EPA guidance
for such plans and motor vehicle emissions budgets.
DATES: Any comments must be received on or before May 8, 2013.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0007, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions.
2. Email: tax.wienke@epa.gov.
3. Mail or Deliver: Wienke Tax (Air-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901. Deliveries are only accepted during the Regional Office's
normal hours of operation.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://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 https://www.regulations.gov or email. https://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 index to the docket and documents in the docket for
this action are generally available electronically at
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While documents in the docket are
listed in the index, some information may be publicly available only at
the hard copy location (e.g., voluminous records, 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: Wienke Tax, U.S. Environmental
Protection Agency, Air Planning Office, Region IX, (415) 947-4192,
tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Summary of Today's Proposed Action
II. Background
A. The PM10 NAAQS
B. PM10 Planning Requirements
C. PM10 Attainment Plans for the South Coast Area
III. Procedural Requirements for Adoption and Submittal of SIP
Revisions
IV. Substantive Requirements for Redesignation
V. Evaluation of the State's Redesignation Request for the South
Coast PM10 Nonattainment Area
A. Determination That the Area Has Attained the PM10
NAAQS
B. The Area Has a Fully-Approved SIP Meeting Requirements
Applicable for Purposes of Redesignation under Section 110 and Part
D
1. Basic SIP Requirements under CAA Section 110
2. SIP Requirements under Part D
C. EPA has Determined that the Improvement in Air Quality is Due
to Permanent and Enforceable Reductions in Emissions
D. The Area Must Have a Fully-Approved Maintenance Plan under
CAA Section 175A
1. Attainment Inventory
2. Maintenance Demonstration
3. Verification of Continued Attainment
4. Contingency Provisions
5. Commitment to Submit Subsequent Maintenance Plan Revision
E. Transportation Conformity and Motor Vehicle Emissions Budgets
VI. Proposed Actions and Request for Public Comment
VII. Statutory and Executive Order Reviews
I. Summary of Today's Proposed Action
EPA is proposing to take several related actions. Under Clean Air
Act (CAA or ``the Act'') section 107(d)(3)(D), EPA is proposing to
approve the State's request to redesignate the South Coast
PM10 nonattainment area to attainment for the 24-hour
PM10 NAAQS. We are doing so based on our conclusion that the
area has met the five criteria for redesignation under CAA section
107(d)(3)(E): (1) That the area has attained the 24-hour
PM10 NAAQS in the 2008-2010 time period and that the area
continues to attain the PM10
[[Page 20869]]
standard since that time; (2) that relevant portions of the California
state implementation plan (SIP) are fully approved; (3) that the
improvement in air quality is due to permanent and enforceable
reductions in emissions; (4) that California has met all requirements
applicable to the South Coast PM10 nonattainment area with
respect to section 110 and part D of the CAA; and (5) that the Final
PM10 Redesignation Request and Maintenance Plan for the South Coast Air
Basin (December 2009) (``2009 South Coast PM10 Redesignation
Request and Maintenance Plan'') \1\ meets the requirements of section
175A of the CAA.
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\1\ See letter, James N. Goldstene, Executive Officer, to Jared
Blumenfeld, Regional Administrator, EPA Region 9, dated April 28,
2010, with attachments.
---------------------------------------------------------------------------
In addition, under CAA section 110(k)(3), EPA is proposing to
approve the maintenance plan including the motor vehicle emissions
budgets (budgets) in the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan as a revision to the California SIP. EPA
finds that the maintenance demonstration shows how the area will
continue to attain the 24-hour PM10 NAAQS for at least 10
years beyond redesignation (i.e., through 2030). Finally, EPA is
proposing to approve the attainment year emissions inventory under CAA
section 172(c)(3). EPA is proposing these actions because the SIP
revision meets the requirements of the CAA and EPA guidance for such
plans and budgets.
Finally, with this Federal Register notice, EPA is notifying the
public that we will be reviewing the maintenance plan budgets for
adequacy. This begins the public comment period on adequacy; see DATES
section of this notice for the closing date of the comment period.
II. Background
A. The PM10 NAAQS
EPA sets the NAAQS for certain ambient air pollutants at levels
required to protect public health and welfare. Particulate matter with
an aerodynamic diameter less than or equal to a nominal ten
micrometers, or PM10, is one of the ambient air pollutants
for which EPA has established health-based standards.
EPA revised the NAAQS for particulate matter on July 1, 1987 (52 FR
24633), replacing standards for total suspended particulates (TSP less
than 30 microns in diameter) with new standards applying only to
particulate matter up to 10 microns in diameter (PM10). At
that time, EPA established two PM10 standards, an annual
standard and a 24-hour standard. An area attains the 24-hour
PM10 standard of 150 micrograms per cubic meter ([mu]g/m\3\)
when the expected number of days per calendar year with a 24-hour
concentration in excess of the standard (referred to as an exceedance),
is equal to or less than one.\2\ The annual PM10 standard is
attained when the expected annual arithmetic mean of the 24-hour
samples averaged over a 3-year period does not exceed 50 [mu]g/m\3\.
See 40 CFR 50.6 and 40 CFR part 50, Appendix K.
---------------------------------------------------------------------------
\2\ An exceedance is defined as a daily value that is above the
level of the 24-hour standard, 150 [mu]g/m\3\, after rounding to the
nearest 10 [mu]g/m\3\ (i.e., values ending in five or greater are to
be rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not
be an exceedance since it would be rounded to 150 [mu]g/m\3\;
whereas, a recorded value of 155 [mu]g/m\3\ would be an exceedance
since it would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50,
Appendix K, section 1.0.
---------------------------------------------------------------------------
On July 18, 1997, EPA established new national ambient air quality
standards (NAAQS) for particulate matter less than 2.5 microns (fine
particulate or PM2.5). 62 FR 38652. In the 1997 PM NAAQS
revision, EPA also revised the standards for PM10 but these
revised PM10 standards were later vacated by the court, and
the 1987 PM10 standards remain in effect.
In an October 17, 2006 PM NAAQS revision, the 24-hour
PM10 standards were retained but the annual standards were
revoked effective December 18, 2006. 71 FR 61144 (October 17, 2006). On
January 13, 2013, EPA announced that it was again retaining the 24-hour
PM10 NAAQS as a 24-hour standard of 150 micrograms per cubic
meter ([mu]g/m\3\). See 78 FR 3086. This SIP submittal addresses the
24-hour PM10 standard as originally promulgated in 1987 and
reaffirmed on January 13, 2013.
B. PM10 Planning Requirements
Once an area is designated nonattainment, section 188 of the CAA
outlines the process for classification of the area and establishes the
area's attainment date. In accordance with section 188(a), at the time
of designation, all PM10 nonattainment areas, including the
Los Angeles-South Coast Air Basin (``South Coast''),\3\ were initially
classified as moderate by operation of law. Section 188(b)(1) of the
Act further provides that moderate areas can subsequently be
reclassified as serious before the applicable moderate area attainment
date if at any time EPA determines that the area cannot ``practicably''
attain the PM10 NAAQS by this attainment date.
---------------------------------------------------------------------------
\3\ The South Coast air basin includes Orange County, the
southwestern two-thirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County (see 40 CFR 81.305).
---------------------------------------------------------------------------
On the date of enactment of the 1990 CAA Amendments,
PM10 areas, including the South Coast, meeting the
qualifications of section 107(d)(4)(B) of the amended Act, were
designated nonattainment by operation of law. See 56 FR 11101 (March
15, 1991) and 40 CFR 81.305.
Direct PM10 emissions in the South Coast are dominated
by reentrained road dust from paved and unpaved roads, construction and
demolition, and on-and off-road mobile sources. Of these, according to
the inventory in the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan, the majority of direct PM10
emissions come from reentrained road dust from paved roads. Within the
South Coast air basin, in addition to being directly emitted into the
atmosphere (e.g., primary particles), PM10 emissions can be
formed through atmospheric chemical reactions from precursor gases
(e.g., secondary particles). Secondary particles, such as sulfates,
nitrates, and complex carbon compounds, are formed from reactions with
oxides of sulfur (SOX), oxides of nitrogen (NOX),
volatile organic compounds (VOCs), and ammonia (NH3). The
District includes emissions inventories in the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan for
precursors of PM10 (notably NOX, and to a lesser
extent, SOX and VOCs). The District estimates that 56% of
the total mass of average peak concentrations of PM10 is
attributable to PM2.5 and 44% to coarse PM (fugitive dust or
PM10). See 2009 South Coast PM10 Redesignation
Request and Maintenance Plan, p. 5.
The 1990 CAA Amendments established new planning requirements and
attainment deadlines for the NAAQS. The most fundamental of these
nonattainment area provisions applicable to the South Coast is the
requirement that the State submit a SIP demonstrating attainment of the
PM10 NAAQS. This demonstration must be based upon
enforceable measures to achieve emission reductions leading to
emissions at or below the level predicted to result in attainment of
the NAAQS throughout the nonattainment area. CAA section 189(a).
EPA determined on January 8, 1993, that the South Coast could not
practicably attain the PM10 NAAQS by the applicable
attainment deadline for moderate areas (December 31, 1994, per section
188(c)(1) of the Act), and reclassified the area as serious (58 FR
3334). In accordance with section 189(b)(1) of the Act, the State was
required to make the following SIP
[[Page 20870]]
submittals. First, the State had to submit by August 8, 1994, a SIP to
ensure the implementation of best available control measures (BACM) no
later than four years after reclassification, as required by CAA
section 189(b)(1)(B). Second, the State had to submit a SIP by February
8, 1997, providing for progress and expeditious attainment, as required
by CAA section 189(b)(1)(A). Because the State requested an extension
of the attainment date for the South Coast beyond the applicable
deadline of December 31, 2001, under CAA section 188(e) the State also
had to demonstrate that the 1997 plan included the MSM that are
included in any implementation plan or are achieved in practice, and
can feasibly be implemented in the area.
C. PM10 Attainment Plans for the South Coast Area
Beginning in the 1970s and continuing to the present, the South
Coast Air Quality Management District (SCAQMD) and CARB have adopted a
number of rules and prepared a number of nonattainment plans to address
planning requirements under the CAA. CARB submitted these rules and
plans to EPA at various times, and EPA approved a number of them into
the California SIP. Examples of rules adopted by SCAQMD and approved by
EPA as revisions to the California SIP as part of the PM10
control strategy in the South Coast PM10 nonattainment area
include: Rule 403--Fugitive Dust; Rule 1186--PM10 Emissions
from Paved and Unpaved Roads, and Livestock Operations; Rule 1156--
PM10 Emissions Reductions from Cement Manufacturing
Facilities; and Rule 1157--PM10 Emissions Reductions from
Aggregate and Related Operations. In addition, SCAQMD has adopted and
implemented numerous rules that address PM10 precursors such
as NOX, VOCs, and SOX.
CARB also adopted rules that reduce PM10 and
PM10 precursor emissions. Examples of rules
adopted by CARB and approved by EPA as revisions to the California SIP
that have reduced PM10 or PM10 precursors in the
South Coast PM10 nonattainment area include: California Code
of Regulations (CCR) Title 13, Section 2025 (``Regulation to Reduce
Emissions of Diesel Particulate Matter, Oxides of Nitrogen and other
Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles'');
Section 2027 (``In-Use On-Road Diesel-Fueled Heavy-Duty Drayage
trucks''); and Section 2262--California Reformulated Gasoline Phase 2
and Phase 3 Standards.
The SCAQMD has adopted and CARB has submitted a number of
PM10 attainment plans and regulations for the South Coast
PM10 nonattainment area. In 2003, EPA fully approved a
PM10 attainment plan for the South Coast as meeting all CAA
requirements for serious PM10 nonattainment areas, including
BACM and MSM, and as part of that action we also granted attainment
date extensions for the area for both the 24-hour and annual
PM10 NAAQS, from December 31, 2001 to December 31, 2006,
pursuant to CAA section 188(e). For more information on the 2003
approval of the South Coast PM10 plan, please see our
proposed and final rulemaking notices. The proposal was issued on
December 17, 2002 (67 FR 77212) and the final approval was issued on
April 18, 2003 (68 FR 19316).
On August 1, 2003, the SCAQMD adopted the 2003 South Coast Air
Quality Management Plan (``2003 South Coast AQMP''), including the
motor vehicle emissions budgets for the areas. CARB approved the plans
on October 23, 2003, and submitted the plans to us on January 9, 2004.
We proposed to approve the portions of the 2003 South Coast AQMP
relating to attainment of the PM10 standards on July 28,
2005 (see 70 FR 43663) and finalized our approval on November 14, 2005
(see 70 FR 69081).
III. Procedural Requirements for Adoption and Submittal of SIP
Revisions
The SCAQMD adopted the 2009 South Coast PM10
Redesignation Request and Maintenance Plan on January 8, 2010 and
forwarded it to CARB on January 15, 2010. CARB held a Board Hearing on
March 25, 2010 to adopt the 2009 South Coast PM10
Maintenance Plan. The plan was submitted to EPA on April 28, 2010.\4\
---------------------------------------------------------------------------
\4\ See letter, James N. Goldstene, Executive Officer, to Jared
Blumenfeld, Regional Administrator, EPA Region 9, dated April 28,
2010.
---------------------------------------------------------------------------
CARB's SIP submittal includes the following documents: (1) April
28, 2010 letter to Jared Blumenfeld, Regional Administrator, U.S. EPA
Region 9, from James N. Goldstene, Executive Officer, CARB transmitting
the redesignation request and maintenance plan; (2) January 15, 2010
transmittal letter to James N. Goldstene, Executive Officer, CARB, from
Elaine Chang, DrPH, Deputy Executive Officer, SCAQMD; (3) October 17,
2009 Proof of Publication of Public Notice for Public Hearing on
``Final PM10 Redesignation Request and Maintenance Plan for
the South Coast Air Basin (December 2009)'' and the January 8, 2010
SCAQMD Board Hearing; (4) Transcripts of public hearings; (5) SCAQMD
Board Resolution of Adoption 10-1 approving and adopting the 2009 South
Coast PM10 Maintenance Plan; (6) CARB's February 17, 2010
Notice of Public Hearing for consideration of the adoption and approval
of the 2009 South Coast PM10 Maintenance Plan and associated
motor vehicle emissions budgets on March 25, 2010; (7) Final
PM10 Redesignation Request and Maintenance Plan for the
South Coast Air Basin (December 2009); (8) CARB Board Resolution 10-21
adopting the 2009 South Coast PM10 Maintenance Plan; and (9)
motor vehicle emissions budgets adopted at the CARB Board hearing. All
of these documents are available for review in the docket for today's
proposed rule.
Sections 110(a)(1) and 110(l) of the Act require States to provide
reasonable notice and public hearing prior to adoption of SIP
revisions. CARB's submittal of the 2009 South Coast PM10
Redesignation Request and Maintenance Plan documents the public review
process followed by SCAQMD in adopting the plan prior to transmittal to
CARB for subsequent submittal to EPA as a revision to the California
SIP. The documentation provides evidence that reasonable notice of a
public hearing was provided to the public and that a public hearing was
conducted prior to adoption. Specifically, notices for public workshops
on December 15, 16, 17, and 18, 2009 and the January 8, 2010 SCAQMD
Governing Board hearing were published on October 17 and 21, 2009. The
Draft Plan was also made available for viewing on the District's Web
site and at the District office on and after October 21, 2009.
Attachments 7 and 8 of the District's 2009 South Coast
PM10 Redesignation Request and Maintenance Plan submittal to
CARB document the adoption of the 2009 South Coast PM10
Redesignation Request and Maintenance Plan by the SCAQMD Governing
Board via Board Resolution 10-1. On January 8, 2010, the SCAQMD
Governing Board approved the 2009 South Coast PM10
Redesignation Request and Maintenance Plan and directed SCAQMD staff to
forward the plan to CARB, the Governor of California's designee for SIP
matters. The motor vehicle emissions budgets contained in the 2009
South Coast PM10 Redesignation Request and Maintenance Plan
were withdrawn prior to the SCAQMD Board adoption.
On February 17, 2010, the CARB Board noticed a public hearing for
March 25, 2010 to consider and approve the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan and revised
motor vehicle emissions budgets. On April 28, 2010, CARB submitted the
2009 South Coast
[[Page 20871]]
PM10 Redesignation Request and Maintenance Plan and budgets
plus accompanying documentation to EPA for approval as a revision to
the California SIP.\5\
---------------------------------------------------------------------------
\5\ Ibid.
---------------------------------------------------------------------------
Both the SCAQMD and CARB satisfied applicable statutory and
regulatory requirements for reasonable public notice and hearing prior
to adoption of the SIP revisions. The SCAQMD conducted numerous public
workshops, and properly noticed the public hearing at which the plan
was adopted. The SIP submittals include proof of publication for
notices of the public hearings. Therefore, we conclude that the SIP
submittals have met the public notice and involvement requirements of
section 110(a)(1) of the CAA. Based on the documentation submitted with
the plan, we find that the submittal of the South Coast PM10
Maintenance Plan as a SIP revision satisfies the procedural
requirements of section 110(l) of the Act for revising SIPs.
CAA section 110(k)(1)(B) requires EPA to determine whether a SIP
submittal is complete within 60 days of receipt. This section also
provides that any plan that we have not affirmatively determined to be
complete or incomplete will become complete six months after the day of
submittal by operation of law. A completeness review allows us to
determine if the submittal includes all the necessary items and
information we need to act on it.
We make completeness determinations using criteria we have
established in 40 CFR part 51, Appendix V. These criteria fall into two
categories: Administrative information and technical support
information. The administrative information provides documentation that
the State has followed basic administrative procedures during the SIP-
adoption process and thus we have a legally-adopted SIP revision in
front of us. The technical support information provides us the
information we need to determine the impact of the proposed revision on
attainment and maintenance of the air quality standards.
We notify a state of our completeness determination by letter
unless the submittal becomes complete by operation of law. A finding of
completeness does not approve the submittal as part of the SIP nor does
it indicate that the submittal is approvable. It does start a 12-month
clock for EPA to act on the SIP submittal. See CAA section 110(k)(2).
The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan became complete by operation of law on October 28,
2010.
IV. Substantive Requirements for Redesignation
The CAA establishes the requirements for redesignation of a
nonattainment area to attainment. Specifically, section 107(d)(3)(E)
allows for redesignation provided that the following criteria are met:
(1) EPA determines that the area has attained the applicable NAAQS; (2)
EPA has fully approved the applicable implementation plan for the area
under section 110(k); (3) EPA determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable SIP, applicable federal
air pollution control regulations, and other permanent and enforceable
reductions; (4) EPA has a fully-approvable maintenance plan for the
area meeting the requirements of CAA section 175A; and (5) the State
containing such area has met all requirements applicable to the area
under section 110 and part D of the CAA.
EPA provided guidance on redesignations in a document entitled,
``State Implementation Plans; General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990,'' published in the
Federal Register on April 16, 1992 (57 FR 13498), and supplemented on
April 28, 1992 (57 FR 18070) (referred to herein as the ``General
Preamble''). Other relevant EPA guidance documents include:
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality Planning and Standards,
September 4, 1992 (referred to herein as the ``Calcagni memo'');
``State Implementation Plans for Serious PM10 Nonattainment
Areas, and Attainment Date Waivers for PM10 Nonattainment
Areas Generally; Addendum to the General Preamble for the
Implementation of title I of the Clean Air Act Amendments of 1990,'' 59
FR 41998 (August 16, 1994) (PM10 Addendum); and ``Part D New
Source Review (part D NSR) Requirements for Areas Requesting
Redesignation to Attainment,'' Memorandum from Mary D. Nichols,
Assistant Administrator for Air and Radiation, October 14, 1994
(Nichols Memo).
In this proposed rulemaking action, EPA applies these policies to
the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan, taking into consideration the specific factual issues
presented. For the reasons set forth in section V of this document, we
propose to approve CARB's request for redesignation of the South Coast
PM10 nonattainment area to attainment for the 24-hour
PM10 NAAQS based on our conclusion that all of the criteria
under CAA section 107(d)(3)(E) have been satisfied.
V. Evaluation of the State's Redesignation Request for the South Coast
PM10 Nonattainment Area
A. Determination That the Area Has Attained the PM10 NAAQS
CAA section 107(d)(3)(E)(i) requires that we determine that the
area has attained the NAAQS. Generally, EPA determines whether an
area's air quality is meeting the 24-hour PM10 NAAQS based
upon complete,\6\ quality-assured, and certified data gathered at
established state and local air monitoring stations (SLAMS) in the
nonattainment area, and entered into the EPA Air Quality System (AQS)
database. Data from air monitors operated by state, local, or tribal
agencies in compliance with EPA monitoring requirements must be
submitted to AQS. These monitoring agencies certify annually that these
data are accurate to the best of their knowledge. Accordingly, EPA
relies primarily on data in AQS when determining the attainment status
of an area. See 40 CFR 50.6; 40 CFR part 50, appendices J and K; 40 CFR
part 53; and, 40 CFR part 58, appendices A, C, D, and E.\7\
---------------------------------------------------------------------------
\6\ For PM10, a complete set of data includes a
minimum of 75 percent of the scheduled PM10 samples per
quarter. See 40 CFR part 50, Appendix K, section 2.3(a).
\7\ Because the annual PM10 standard was revoked
effective December 18, 2006, this document discusses only attainment
of the 24-hour PM10 standard. See 71 FR 61144; (October
17, 2006).
---------------------------------------------------------------------------
In the South Coast PM10 nonattainment area, the agency
responsible for assuring that the area meets air quality monitoring
requirements is SCAQMD. Both CARB and SCAQMD submit annual monitoring
network plans to EPA. SCAQMD network plans describe the monitoring
network operated by SCAQMD in the South Coast nonattainment area. These
plans discuss the status of the air monitoring network, as required
under 40 CFR 58.10. SCAQMD operates 23 air quality monitoring stations
for PM10 in the South Coast Air Basin. As required by 40 CFR
part 58, the District conducts annual reviews of the air quality
monitoring network that are forwarded to CARB and EPA for evaluation.
Since 2007, EPA regularly reviews these
[[Page 20872]]
annual plans for compliance with the applicable reporting requirements
in 40 CFR part 58. With respect to PM10, EPA has found that
the area's network plans, submitted by SCAQMD, meet the applicable
requirements of 40 CFR part 58. See EPA letters to SCAQMD approving
their annual network plans for the years 2008, 2009, 2010, and
2011.8 9 10 11
---------------------------------------------------------------------------
\8\ Letter from Sean Hogan, Manager, Air Quality Analysis
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive
Officer, SCAQMD, dated May 30, 2008.
\9\ Letter from Joe Lapka, Acting Manager, Air Quality Analysis
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive
Officer, SCAQMD, dated November 12, 2009.
\10\ Letter from Matthew Lakin, Manager, Air Quality Analysis
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive
Officer, SCAQMD, dated November 1, 2010.
\11\ Letter from Matthew Lakin, Manager, Air Quality Analysis
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive
Officer, SCAQMD, dated November 1, 2011.
---------------------------------------------------------------------------
EPA also concluded from its Technical System Audit of the CARB
Primary Quality Assurance Organization (PQAO) (conducted during the
spring of 2010), that the combined ambient air monitoring network
operated by SCAQMD currently meets or exceeds the requirements for the
minimum number of SLAMS for PM10 in the South Coast
nonattainment area.\12\ SCAQMD annually certifies that the data it
submits to AQS are complete and quality-assured.\13\
---------------------------------------------------------------------------
\12\ Technical System Audit Report, South Coast Air Quality
Management District, April 13-April 16, 2010, Conducted by Air
Quality Analysis Office and Quality Assurance Office, US EPA Region
9, 75 Hawthorne Street, San Francisco, California 94105, March 2011.
\13\ See, e.g., letter from Chung Liu, Deputy Executive Officer
Science and Technology Advancement, South Coast Air Quality
Management District, to Jared Blumenfeld, Regional Administrator,
U.S. EPA Region IX, certifying calendar year 2011 ambient air
quality data and quality assurance data, May 1, 2012, in the docket
for today's action.
---------------------------------------------------------------------------
Complete, quality-assured data since 2007 show that the area has
been attaining the standard beginning in 2008. Since comprehensive
monitoring began for PM10 in the South Coast in the 1960s,
the area has seen a significant decline in ambient levels. Table 1
displays the PM10 data for the South Coast area for the
years 2006-2012. All data except 2012 data have been certified by
SCAQMD. Data for all sites exceed 75% annual completeness.\14\
---------------------------------------------------------------------------
\14\ See EPA, Air Quality System Design Value Reports dated
December 18, 2012-January 2, 2013 for completeness information, as
well as the TSD. The reports and TSD can be found in the docket for
today's action.
---------------------------------------------------------------------------
24-hour PM10 levels in South Coast are below the
standard with no or zero expected exceedances for the 2008-2011 period
at all sites in the South Coast nonattainment area, the most recent 3-
year period of certified, quality-assured data.\15\ See EPA, Air
Quality System, Design Value Report, January 2nd, 2013.
---------------------------------------------------------------------------
\15\ See EPA, Air Quality System Design Value Reports dated
December 18, 2012-January 2, 2013 in the docket for today's action.
A design value is an ambient concentration calculated using a
specific methodology from monitored air quality data and is used to
compare an area's air quality to a NAAQS. The methodologies for
calculating expected exceedances for the 24-hour PM10
NAAQS are found in 40 CFR Part 50, Appendix K, Section 2.1(a).
---------------------------------------------------------------------------
Therefore, EPA is determining that the South Coast PM10
nonattainment area has attained the 1987 24-hour PM10
standard and continues to attain the standard to date based on the most
recent available AQS data. In addition, preliminary air quality data
for the year 2012 indicates that the area is continuing to attain. EPA
expects to have certified data for 2012 before finalizing any proposal
and will include an analysis of any available preliminary data for
2013.
Table 1--South Coast PM10 Air Quality Monitoring Data
----------------------------------------------------------------------------------------------------------------
Expected exceedances
Site ---------------------------------------------------------------------------------
2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 \a\
----------------------------------------------------------------------------------------------------------------
Azusa......................... 2 2 0 0 0
Burbank....................... 0 0 0 0 0
Glendora...................... 0 0 0 0 0
LAX Hastings.................. 0 0 0 0 0
Los Angeles--Main St.......... 0 0 0 0 0
North Long Beach.............. 2 2 0 0 0
Santa Clarita................. 2 2 0 0 0
South Long Beach.............. 0 0 0 0 0
Anaheim....................... 2 2 0 0 0
Mission Viejo................. 0 0 0 0 0
Banning....................... 0 0 0 0 0
Lake Elsinore................. 0 0 0 0 0
Mira Loma (Van Buren)......... 0 0 0 0 0
Norco......................... 2 2 0 0 0
Perris........................ 9.7 9.7 0 0 0
Riverside (Magnolia).......... ............... ............... 0 0 0
Rubidoux...................... 1 1 0 0 0
Crestline..................... 0 0 0 0 0
Fontana....................... 4.4 4.4 0 0 0
Ontario Fire Station.......... 2 2 0 0 0
Redlands...................... 0 0 0 0 0
San Bernardino................ 2 2 0 0 0
Upland........................ n/a 0 0 0 0
----------------------------------------------------------------------------------------------------------------
\a\ 2012 data have not been certified.
[[Page 20873]]
B. The Area Has a Fully-Approved SIP Meeting Requirements Applicable
for Purposes of Redesignation Under Section 110 and Part D
Section 107(d)(3)(E)(ii) and (v) require EPA to determine that the
area has a fully-approved SIP under section 110(k) that meets all
applicable requirements under section 110 and part D for the purposes
of redesignation.
EPA may rely on prior SIP approvals in approving a redesignation
request. Calcagni memo p. 3, Wall v. EPA F.3d 416 (6th Cir. 2001),
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-90 (6th Cir. 1998), as well as any additional measures it may
approve in conjunction with a redesignation action. See 68 FR 25418, at
25426 (May 12, 2003), and citations therein.
1. Basic SIP Requirements Under CAA Section 110
The general SIP elements and requirements set forth in section
110(a)(2) include, but are not limited to, the following: Submittal of
a SIP that has been adopted by the State after reasonable public notice
and hearing; provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality; implementation of a
source permit program; provision for the implementation of part C
requirements for prevention of significant deterioration (PSD)
provisions; provisions for the implementation of part D requirements
for nonattainment new source review (nonattainment NSR) permit
programs; provisions for air pollution modeling; and provisions for
public and local agency participation in planning and emission control
rule development.
We note that SIPs must be fully approved only with respect to
applicable requirements for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii). The section 110 (and part D)
requirements that are linked to a particular nonattainment area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. Requirements that apply regardless
of the designation of any particular area in the State are not
applicable requirements for the purposes of redesignation, and the
State will remain subject to these requirements after the South Coast
PM10 nonattainment area is redesignated to attainment.
For example, CAA section 110(a)(2)(D) requires that SIPs contain
certain measures to prevent sources in a state from significantly
contributing to air quality problems in another state, known as
``transport SIPs.'' Because the section 110(a)(2)(D) requirements for
transport SIPs are not linked to a particular nonattainment area's
designation and classification but rather apply regardless of the
attainment status, these are not applicable requirements for the
purposes of redesignation under section 107(d)(3)(E).
Similarly, EPA believes that other section 110 (and part D)
requirements that are not linked to nonattainment plan submittals or to
an area's attainment status are not applicable requirements for
purposes of redesignation. EPA believes that the section 110 (and part
D) requirements that relate to a particular nonattainment area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. This view is consistent with EPA's
existing policy on applicability of the conformity SIP requirement for
redesignations. See discussion in 75 FR 36023, 36026 (June 24, 2010).
On numerous occasions over the past 35 years, CARB and the District
have submitted and EPA has approved provisions addressing the basic CAA
section 110 provisions. The South Coast portion of the approved
California SIP contains enforceable emissions limitations; requires
monitoring, compiling, and analyzing of ambient air quality data;
requires preconstruction review of new or modified stationary sources;
provides for adequate funding, staff, and associated resources
necessary to implement its requirements; and provides the necessary
assurances that the State maintains responsibility for ensuring that
the CAA requirements are satisfied in the event that South Coast is
unable to meet its CAA requirements. There are no outstanding or
disapproved applicable section 110 SIP submittals with respect to the
State and the SCAQMD.\16\ We propose to conclude that CARB and the
SCAQMD have met all SIP requirements for the South Coast air basin
applicable for purposes of redesignation for the PM10 NAAQS
under section 110 of the CAA (General SIP Requirements).
---------------------------------------------------------------------------
\16\ The applicable California SIP for all nonattainment areas
can be found at: https://yosemite.epa.gov/r9/r9sips.nsf/Casips?readform&count=100&state=California.
---------------------------------------------------------------------------
2. SIP Requirements Under Part D
Subparts 1 and 4 of part D, title 1 of the CAA contain air quality
planning requirements for PM10 nonattainment areas. Subpart
1 contains general requirements for all nonattainment areas of any
pollutant, including PM10, governed by a NAAQS. The subpart
1 requirements include, among other things, provisions for reasonable
available control measures (RACM), reasonable further progress (RFP),
emissions inventories, contingency measures, and conformity. Subpart 4
contains specific planning and scheduling requirements for
PM10 nonattainment areas. Section 189(a), (c), and (e)
requirements apply specifically to moderate PM10
nonattainment areas and include: (1) An approved permit program for
construction of new and modified major stationary sources; (2)
provisions for RACM; (3) an attainment demonstration; (4) quantitative
milestones demonstrating RFP toward attainment by the applicable
attainment date; and (5) provisions to ensure that the control
requirements applicable to major stationary sources of PM10
also apply to major stationary sources of PM10 precursors
except where the Administrator has determined that such sources do not
contribute significantly to PM10 levels that exceed the
NAAQS in the area.
With respect to the requirements associated with subpart 4, as
discussed above, we have approved PM10 SIPs for the South
Coast as meeting the requirements of CAA section 189(a)(1)(B) for an
attainment demonstration, CAA sections 172(c) and 189(1)(C) for RACM,
CAA section 189(c)(1) for an RFP demonstration, and contingency
measures under 172(c)(9). We also approved the South Coast 1997 AQMP,
1998 and 1999 Amendments, and 2002 revisions as meeting BACM
requirements for serious PM10 nonattainment areas (see our
proposed rule at 67 FR 77212 (December 17, 2002) and our final rule at
68 FR 19316 (April 18, 2003)). The 2002 SIP also demonstrated that the
plan included MSM pursuant to CAA 188(e). See 67 FR 77212, at 77216
(December 17, 2002).
Permits for New and Modified Major Stationary Sources
CAA sections 172(c)(5) and 189(a)(1)(A) require the State to submit
SIP revisions that establish certain requirements for new or modified
stationary sources in nonattainment areas, including provisions to
ensure that major new sources or major modifications of existing
sources of nonattainment pollutants incorporate the highest level of
control, referred to as the Lowest Achievable Emission Rate (LAER), and
that increases in emissions from such stationary sources are offset so
as to provide for reasonable further progress towards attainment in the
[[Page 20874]]
nonattainment area. The process for reviewing permit applications and
issuing permits for new or modified stationary sources in nonattainment
areas is referred to as ``nonattainment New Source Review''
(nonattainment NSR).
With respect to the part D requirements for a nonattainment NSR
permit program for construction of new and modified major stationary
sources, EPA has previously approved nonattainment NSR rules (SCAQMD
Regulation XIII--New Source Review) for the SCAQMD, which cover the
South Coast air basin. NSR for point sources of PM10 and
PM10 precursors is addressed through the SCAQMD's NSR
program (Regulation XIII). We approved the District's NSR program on
December 4, 1996 (see 61 FR 64291), as well as two revisions at 64 FR
13514 (March 19, 1999), and a final rule at 71 FR 35157 (June 19,
2006)) as satisfying the NSR requirements in title I, part D of the
CAA. Table 2 shows the adoption, submittal, and SIP approval status of
the District's NSR rules.
Table 2--Most Recent Adoption, Submittal, and SIP Approval Status of SCAQMD's NSR Rules
----------------------------------------------------------------------------------------------------------------
Submittal to
Rule Adoption EPA Approval date Federal Register citation
----------------------------------------------------------------------------------------------------------------
1301 General........................ 12/07/95 08/28/96 12/04/96 61 FR 64291.
1302 Definitions.................... 12/07/95 03/10/98 03/19/99 64 FR 13514.
1303 Requirements................... 05/10/96 08/28/96 12/04/96 61 FR 64291.
1304 Exemptions from Regulation XIII 06/14/96 08/28/96 12/04/96 61 FR 64291.
1305 Special Permit Provisions...... 04/06/84 07/10/84 01/29/85 50 FR 3906.
1306 Emission Calculations.......... 06/14/96 08/28/96 12/04/96 61 FR 64291.
1309 Emission Reduction Credits..... 12/07/95 08/28/96 12/04/96 61 FR 64291.
1309.1 Priority Reserve............. 05/03/2002 12/23/2002 06/19/06 71 FR 35157.
1310 Analysis, Notice, and Reporting 12/07/95 08/28/96 12/04/96 61 FR 64291.
1313 Permits to Operate............. 12/07/95 08/28/96 12/04/96 61 FR 64291.
1315 Federal New Source Review 2/4/11 3/2/11 5/25/12 77 FR 31200.
Tracking System.
----------------------------------------------------------------------------------------------------------------
Final approval of the NSR program, however, is not a prerequisite
to finalizing our proposed approval of the State's redesignation
request. EPA has determined in past redesignations that a NSR program
does not have to be approved prior to redesignation, provided that the
area demonstrates maintenance of the standard without part D NSR
requirements in effect. The rationale for this position is described in
a memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled ``Part D NSR Requirements
for Areas Requesting Redesignation to Attainment.'' See the more
detailed explanations in the following redesignation rulemakings:
Detroit, MI (60 FR 12459, at 12467-12468, March 7, 1995); Cleveland-
Akron-Lorrain, OH (61 FR 20458, 20469-20470, May 7, 1996); Louisville,
KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR
31831, 31836-31837, June 21, 1996); and San Joaquin Valley, CA (73 FR
22307, 22313, April 25, 2008 and 73 FR 66759, 66766-7, November 12,
2008).
The requirements of the PSD program under Part C will apply to
PM10 rather than Regulation XIII once the area has been
redesignated. See SCAQMD Rule 1303(b). Thus, new major sources of
PM10 emissions and major modifications at major sources of
PM10 as defined under 40 CFR 52.21 will be required to
obtain a PSD permit or include PM10 emissions in their
existing PSD permit. SCAQMD is the PSD permitting authority in the
South Coast air basin, and operates a delegated PSD program.\17\
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\17\ See U.S. EPA--South Coast Air Quality Management District
Agreement for Partial Delegation of Authority to Issue and Modify
Prevention of Significant Deterioration Permits Subject to 40 CFR
52.21, dated July 25, 2007, in the docket for today's action.
---------------------------------------------------------------------------
California has made clear to EPA that the maintenance demonstration
in the redesignation request and maintenance plan for the South Coast
PM10 nonattainment area does not rely on the continued
implementation of nonattainment NSR (i.e., offsets to mitigate
emissions growth) to demonstrate maintenance of the PM10
standard.\18\
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\18\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer,
South Coast Air Quality Management District, to Deborah Jordan,
Director, Air Division, US Environmental Protection Agency, Region
9, dated March 21, 2013 in the docket for today's action.
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Control Requirements for PM10 Precursors
Section 189(e) of the CAA requires that the control requirements
applicable under the part D SIP for major stationary sources of
PM10 also apply to major stationary sources of
PM10 precursors, except where the Administrator determines
that such sources do not contribute significantly to PM10
levels that exceed the standard in the area. South Coast's
PM10 Redesignation Request and Maintenance Plan indicates
that NOX, VOCs and SOX are PM10
precursors in the secondary formation of atmospheric aerosols, which
are a significant component of PM10 concentrations in the
South Coast area.\19\ To satisfy ozone and PM2.5
nonattainment requirements in CAA section 182(b), SCAQMD has adopted
and EPA has approved RACM for NOX, VOCs, SOX, and
directly-emitted PM2.5, and Reasonably Available Control
Technology (RACT) rules to reduce NOX and VOC emissions from
existing sources.\20\ These rules also address the control requirements
in CAA section 189(e) because they control NOX, VOC,
SOX and PM2.5 emissions from major stationary
sources. Major stationary sources of NOx and VOC are also controlled by
Regulation XIII, which is the District's nonattainment NSR permitting
program.
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\19\ The 2009 South Coast PM10 Maintenance Plan
indicates that PM10 in the South Coast air basin consists
of 56% PM2.5 and 44% PM10 (PM10 is
dominated by fugitive dust.) See 2009 South Coast PM10
Maintenance Plan, pages 5 and 17.
\20\ See Final 2007 Air Quality Management Plan, South Coast Air
Quality Management District, June 2007, especially Appendices IV-A
through IV-C, and 76 FR 69928 (November 9, 2011) and 77 FR 12674
(March 1, 2012).
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Compliance With Section 110(a)(2)
Section 172(c)(7) requires the SIP to meet applicable provisions of
section 110(a)(2). As noted above, we conclude the California SIP meets
the requirements of section 110(a)(2) applicable for purposes of this
redesignation.
General and Transportation Conformity Requirements
With respect to the conformity requirement, section 176(c) of the
CAA
[[Page 20875]]
requires states to establish criteria and procedures to ensure that
federally supported or funded projects ``conform'' to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs and projects
developed, funded or approved under Title 23 U.S.C. and the Federal
Transit Act (``transportation conformity''), as well as to other
federally-supported or funded projects (``general conformity''). State
conformity regulations must be consistent with federal conformity
regulations that the CAA required EPA to promulgate relating to
consultation, enforcement and enforceability.
SCAQMD's general conformity regulation, Rule 1901, was submitted to
EPA on November 30, 1994 and approved on April 23, 1999 (see 64 FR
19916).
SCAQMD's transportation conformity regulation, Rule 1902, and
subsequent rule revisions were submitted to EPA on September 9, 1994,
May 10, 1996, and August 14, 1998, but the SIP has not been approved.
EPA believes it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of a redesignation request
under section 107(d) because state conformity rules are still required
after redesignation, and federal conformity rules apply where state
rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir.
2001), upholding this interpretation. See also, 60 FR 62748 (December
7, 1995).
Thus, EPA proposes to determine that, if EPA finalizes today's
proposal and finally approves the emissions inventory and motor vehicle
emissions budgets for SCAQMD, the State has a fully-approved SIP
meeting all requirements applicable under section 110 and part D for
the South Coast nonattainment area for purposes of redesignation. CAA
Section 107(d)(3)(E)(v).
C. EPA Has Determined That the Improvement in Air Quality Is Due to
Permanent and Enforceable Reductions in Emissions
Section 107(d)(3)(E)(iii) requires EPA to determine that the
improvement in air quality is due to emission reductions that are
permanent and enforceable resulting from the implementation of the
applicable SIP and applicable federal air pollution control regulations
and other permanent and enforceable regulations in order to approve a
redesignation to attainment. Under this criterion, the State must be
able to reasonably attribute the improvement in air quality to
emissions reductions that are permanent and enforceable. Attainment
resulting from temporary reductions in emissions rates (e.g., reduced
production or shutdown) or unusually favorable meteorology would not
qualify as an air quality improvement due to permanent and enforceable
emission reductions. Calcagni memorandum, p. 4.
EPA may rely on prior SIP approvals in approving a redesignation
request. Calcagni memo, p. 3, Wall v. EPA F.3d 416 (6th Cir. 2001),
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-90 (6th Cir. 1998), as well as any additional measures it may
approve in conjunction with a redesignation action. See 68 FR 25418, at
25426 (May 12, 2003), and citations therein.
The SCAQMD has jurisdiction over air quality planning requirements
for the South Coast air basin. The SCAQMD has adopted numerous plans,
rules, and revisions for the South Coast air basin in order to reduce
PM10 and PM10 precursor emissions. The 2009 South
Coast PM10 Redesignation Request and Maintenance Plan
includes a list of control measures adopted and implemented by SCAQMD
and approved into the SIP by EPA as reducing emissions to attain the
24-hour PM10 NAAQS.
Over the years, the SCAQMD has adopted and the State has submitted
PM10 attainment plans and regulations for the South Coast
PM10 nonattainment area. In 2003, we fully approved the
PM10 attainment plan for the South Coast as meeting all CAA
requirements for serious PM10 nonattainment areas, and as
part of that action we also granted an attainment date extension for
the area for both the 24-hour and annual PM10 NAAQS, from
December 31, 2001 to December 31, 2006, pursuant to CAA section 188(e).
For more information on the 2003 approval of the South Coast
PM10 attainment plan, please see our proposed and final
rulemaking notices. The proposal was published on December 17, 2002 (67
FR 77212) and the final approval was published on April 18, 2003 (68 FR
19316). Thus, the South Coast has a fully-approved PM10 SIP
with respect to RACM, BACM, MSM, and other serious PM10 area
planning requirements.
On August 1, 2003, the SCAQMD adopted the 2003 South Coast Air
Quality Management Plan (``2003 South Coast AQMP''), including new
motor vehicle emissions budgets for the area. CARB approved the plan on
October 23, 2003, and submitted the plan to us on January 9, 2004. We
approved the portions of this plan that addressed attainment of the
PM10 standards in the South Coast on November 14, 2005. (See
70 FR 69081)
We have previously approved SCAQMD regulations for the control of
directly-emitted PM10. See for example, our most recent
approvals of revisions to SCAQMD Rules 403 and 1186 on March 10, 2008
(73 FR 12639), following SCAQMD adoption of amendments strengthening
these rules.
The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan also provides a summary of the District rules and
regulations that apply to sources of PM10 and
PM10 precursors within the South Coast air basin. 2009 South
Coast PM10 Redesignation Request and Maintenance Plan, page
16. While the focus of attaining and maintaining the PM10
standard in the South Coast PM10 nonattainment area has been
on controls for fugitive dust, measures that control PM10
precursors, most of which have been SIP-approved, also benefit air
quality.\21\ Those measures that EPA has already approved into the
South Coast SIP contribute to attainment and maintenance of the
PM10 NAAQS. We list these measures in Table 3.
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\21\ While there are eight measures listed on page 16 of the
2009 South Coast PM10 Redesignation Request and
Maintenance Plan, including rules to control fugitive dust and
controlled burning, additional rules are listed in Table 3 which may
help address the PM10 problem in the South Coast. We have
approved all but one of these rules into the SIP, and the remaining
rule, South Coast Rule 1127, was proposed for approval into the SIP
on January 23, 2013. The comment period ended and no comments were
received. A final approval of Rule 1127 is expected prior to our
final action on the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan. (See 78 FR 7703, February 4, 2012).
[[Page 20876]]
Table 3--Most Recent EPA Approval Status of South Coast Rules for Attainment and Maintenance of the PM10
Standard
----------------------------------------------------------------------------------------------------------------
Rule No. Rule name Adoption date Submittal date FR date FR cite
----------------------------------------------------------------------------------------------------------------
403.............. Fugitive Dust....... 06/03/05 10/05/05 03/10/08 73 FR 12639.
444.............. Open Burning........ 12/21/01 01/22/02 04/08/02 67 FR 16644.
445.............. Wood Burning Devices 03/07/08 07/18/08 06/11/09 74 FR 27716.
1105.1........... Reduction of PM10 11/07/03 06/03/04 01/04/06 71 FR 241.
and Ammonia
Emissions from
Fluid Catalytic
Cracking Units.
1118............. Control of Emissions 11/04/05 10/05/06 08/28/07 72 FR 49196.
from Refinery
Flares.
1127............. Livestock Waste..... 08/06/04 10/05/06 Proposal 78 FR 7703.
February 4,
2013
1133.2........... Emission Reductions 01/10/03 06/05/03 07/21/04 69 FR 43518.
from Co-Composting
Operations.
1156............. Further Reductions 03/06/09 04/29/09 9/4/12 77 FR 53773.
of Particulate
Emissions from
Cement
Manufacturing
Facilities.
1157............. PM10 Emission 09/08/06 05/15/10 03/07/12 77 FR 13495.
Reductions from
Aggregate and
Related Operations.
1158............. Storage, Handling, 7/11/08 12/23/08 11/10/09 74 FR 57907.
and Transport of
Coke, Coal and
Sulfur.
1186............. PM10 Emissions from 07/11/08 12/23/08 03/07/12 77 FR 13495.
Paved and Unpaved
Roads, and
Livestock
Operations.
----------------------------------------------------------------------------------------------------------------
Source categories for which CARB has primary responsibility for
reducing emissions in California include most new and existing on- and
off-road engines and vehicles, motor vehicle fuels, and consumer
products. In addition, California has unique authority under CAA
section 209 (subject to a waiver by EPA) to adopt and implement new
emission standards for many categories of on-road vehicles and engines,
and new and in-use off-road vehicles and engines. California has been a
leader in the development of some of the most stringent control
measures nationwide for on-road and off-road mobile sources and the
fuels that power them. These measures have helped reduce primary
PM10 and PM10 precursors in the South Coast
PM10 nonattainment area and throughout the State.
CARB's 2007 State Strategy and 2009 and 2011 updates to the State
Strategy provide a recent summary of the measures adopted and
implemented by the State.\22\ From 1994 to 2006, the State promulgated
more than thirty-five rules that have achieved significant emission
reductions contributing to attainment and continued attainment in the
South Coast PM10 nonattainment area. See 2007 State
Strategy, p. 38.\23\ These measures include new emission standards and
in-use requirements that have resulted in significant reductions in
emissions of PM10 and PM10 precursors (i.e.,
NOX, SOX and VOCs) from categories such as
passenger cars, trucks, buses, motorcycles, locomotives, cargo handling
equipment, marine vessels and large off-road equipment. EPA has
generally approved all of the State's measures that are not subject to
the CAA section 209 waiver process into the SIP. See EPA's final
approval of the South Coast PM2.5 plan at 76 FR 69928
(November 9, 2011) and accompanying Technical Support Document
(TSD).\24\
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\22\ See ``Air Resources Board's Proposed State Strategy for
California's 2007 State Implementation Plan,'' release date: April
26, 2007 (2007 State Strategy).
\23\ The 2007 Proposed State Strategy can be found at: https://arb.ca.gov/planning/sip/2007sip/apr07draft/sipback.pdf. Page 38 of
the Proposed State Strategy lists forty-five actions the State would
undertake. CARB revised and updated the State Strategy in 2009 and
2011; see https://www.arb.ca.gov/planning/sip/2007sip/2007sip.htm.
\24\ Final Technical Support Document and Responses to Comments,
Final Rulemaking Action on the South Coast 2007 AQMP for
PM2.5 and the South Coast portions of the Revised 2007
State Strategy, September 30, 2011. This document can be found at:
https://www.regulations.gov/#!documentDetail;D=EPA-R09-OAR-2009-0366-
0136, and in the docket for today's action.
---------------------------------------------------------------------------
Finally, in addition to the local district and State rules
discussed above, the South Coast PM10 nonattainment area has
also benefited from emission reductions from federal measures. These
federal measures include EPA's national emissions standards for heavy-
duty diesel trucks (66 FR 5001 (January 18, 2001)), certain emissions
standards for new construction and farm equipment (Tier 2 and 3 non-
road engines standards, 63 FR 56968 (October 23, 1998) and Tier 4
diesel non-road engine standards, 69 FR 38958 (June 29, 2004)), and
locomotive engine standards (63 FR 18978 (April 16, 1998) and 73 FR
37096 (June 30, 2008)).
The on-road and off-road vehicle and engine standards cited above
have contributed to improved air quality through the gradual, continued
turnover and replacement of older vehicle models with newer models
manufactured to meet increasingly stringent emissions standards.
Thus, EPA is proposing to find that the improvement in
PM10 air quality for the South Coast air basin is the result
of permanent and enforceable reductions in emissions from significant
sources of PM10 and PM10 precursors in the basin,
and that attainment of the PM10 standard will be maintained
based on the continued implementation of these measures. EPA is
proposing to find that the improvement in air quality is not the result
of temporary reductions (e.g., economic downturns or shutdowns) or
unusually favorable meteorology, but that the improvement in air
quality in the South Coast PM10 nonattainment area is due to
permanent and enforceable emissions reductions under 107(d)(3)(E)(iii).
D. The Area Must Have a Fully-Approved Maintenance Plan Under CAA
Section 175A
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
We interpret this section of the Act to require, in general, the
following core elements: Attainment inventory, maintenance
demonstration plus a commitment to submit a second maintenance plan
eight years after redesignation, monitoring network, verification of
continued attainment, and contingency plan. See Calcagni memo, pages 8
through 13.
Under CAA section 175A, a maintenance plan must demonstrate
continued attainment of the applicable NAAQS for at least ten years
after EPA approves a redesignation to attainment. Eight years after
redesignation, the State must submit a revised maintenance plan that
demonstrates continued attainment for the subsequent ten-year period
[[Page 20877]]
following the initial ten-year maintenance period. To address the
possibility of future NAAQS violations, the maintenance plan must
contain such contingency provisions that EPA deems necessary to
promptly correct any violation of the NAAQS that occurs after
redesignation of the area. Based on our review and evaluation, as
detailed below, we are proposing to approve the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan because it
meets the requirements of CAA section 175A.
1. Attainment Inventory
Section 172(c)(3) of the CAA requires plan submittals to include a
comprehensive, accurate, and current inventory of emissions from all
sources in the nonattainment area. In demonstrating maintenance in
accordance with CAA section 175A and the Calcagni memo, the State
should provide an attainment emissions inventory to identify the level
of emissions in the area sufficient to attain the NAAQS. Where the
State has made an adequate demonstration that air quality has improved
as a result of the SIP, the attainment inventory will generally be an
inventory of actual emissions at the time the area attained the
standard. EPA's primary guidance in evaluating these inventories is the
document entitled, ``PM10 Emissions Inventory
Requirements,'' EPA, Office of Air Quality Planning and Standards, EPA-
454/R-94-033 (September 1994) which can be found at: https://www.epa.gov/ttn/chief/eidocs/pm10eir.pdf.
A maintenance plan for the 24-hour PM10 standard must
include an inventory of emissions of PM10 and its precursors
(typically NOX, VOCs and SOX) in the area to
identify a level of emissions sufficient to attain the 24-hour
PM10 NAAQS. This inventory must be consistent with EPA's
most recent guidance on emissions inventories for nonattainment areas
available at the time and should represent emissions during the time
period associated with the monitoring data showing attainment. The
inventory must also be comprehensive, including emissions from
stationary point sources, area sources, and mobile sources.
The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan provides an estimated daily PM10 emissions
inventory for 2002 through 2030. The year 2010 provides an appropriate
attainment year inventory because it is one of the years in the most
recent three-year periods (2008-2010, 2009-2011, and 2010-2012) in
which attainment of the PM10 NAAQS was monitored. Table 4
presents the PM10 emissions inventories for 2002 through
2030 provided in the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan.
Table 4--South Coast Annual Average PM10 Emissions for 2002 Through 2030 for PM10 Sources
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2002 2006 2008 2010 2011 2012 2014 2020 2023 2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary--Point sources........................... 21.1 20.1 17.1 17.3 17.4 17.6 17.9 18.9 19.5 20.9
Construction and Demolition......................... 39.9 46.9 49.8 52.9 54.3 55.8 58.7 66.0 69.7 78.9
Entrained Road Dust/Paved........................... 125.4 123.5 122.3 123.4 124.0 124.5 125.8 129.3 131.1 135.2
Entrained Road Dust/Unpaved......................... 13.6 11.5 10.3 10.3 10.3 10.3 10.3 10.2 10.2 10.2
Farming Operations.................................. 0.8 0.7 0.6 0.6 0.6 0.6 0.5 0.4 0.4 0.3
Fugitive Windblown Dust............................. 2.8 2.4 2.3 2.2 2.2 2.1 2.0 1.8 1.7 1.6
Other Area Sources.................................. 23.3 28.8 29.4 30.0 30.3 30.6 31.2 32.6 33.3 35.0
On-road Mobile Sources.............................. 24.8 26.5 24.9 24.3 24.3 24.2 24.0 23.6 23.6 24.7
Off-road Mobile Sources............................. 23.1 22.5 20.7 19.9 19.6 19.2 18.4 17.4 18.1 22.7
---------------------------------------------------------------------------------------------------
Total PM10...................................... 274.7 282.8 277.5 280.9 283.0 284.8 288.7 300.3 307.7 329.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 22.
The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan's inventory for sources within the South Coast air
basin is subdivided into three subcategories: stationary sources, area
sources, and mobile sources. Direct PM10 emissions in the
South Coast are dominated by reentrained road dust from paved and
unpaved roads, construction and demolition, and on-and off-road mobile
sources. The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan estimates emissions for unpaved and paved roads at
133.7 tons per day (47.6% of total emissions) in 2010.
Within the South Coast air basin, in addition to being directly
emitted into the atmosphere (e.g., primary particles), PM10
emissions can be formed through atmospheric chemical reactions from
precursor gases (e.g., secondary particles). Secondary particles, such
as sulfates, nitrates, and complex carbon compounds, are formed from
reactions with oxides of sulfur, oxides of nitrogen, VOCs and ammonia.
The District includes emissions inventories in the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan for
precursors of PM10 (NOX, SOX, and
VOCs). The District estimates that 56% of the average peak
PM10 mass is attributable to PM2.5 and 44% to
coarse PM (fugitive dust or PM10). See 2009 South Coast
PM10 Redesignation Request and Maintenance Plan, p. 5. Table
5 presents the emissions inventories for PM10,
PM2.5 and PM10 precursors (NOX, VOC
and SOX) for the same years as were presented in Table 4.
[[Page 20878]]
Table 5--South Coast Annual Average PM10 and PM10 Precursor Baseline Emissions for 2002 Through 2030 for PM10 Sources
[Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category 2002 2006 2008 2010 2011 2012 2014 2020 2023 2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM10................................................ 274.7 282.8 277.5 280.9 283.0 284.8 288.7 300.3 307.8 329.6
PM2.5............................................... 99.1 104.2 101.5 101.4 101.5 101.6 101.6 103.2 105.2 113.6
NOX................................................. 1093.2 970.7 853.7 774.7 742.9 711.6 653.6 525.2 506.4 511.8
VOC................................................. 844.2 695.9 608.0 572.4 559.4 547.9 527.7 498.5 496.0 508.4
SOX................................................. 53.3 54.8 40.9 39.2 40.1 40.7 42.8 51.4 55.1 71.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 21.
SCAQMD projects that overall, direct PM10 emissions will
grow from 2008 to 2030 because of growth in the construction/demolition
source categories, offsetting emissions reductions from other sources.
The District's modeling simulations indicate that despite the growth,
the South Coast nonattainment area will continue to attain the federal
24-hour PM10 standard because of the significant improvement
from the decreases in NOx and VOC emissions leading to a net
improvement in PM10 air quality over the 2002 to 2030
timeframe.
In conclusion, EPA believes that the selection of 2010 as the
attainment year inventory is appropriate since the area was determined
to have attained by the 2008-2010 period. Based on our review of the
2009 South Coast PM10 Redesignation Request and Maintenance
Plan, we propose to find that the emissions inventories for 2010 in the
2009 South Coast PM10 Redesignation Request and Maintenance
Plan are comprehensive, current, and accurate in that they include
estimates of PM10 and its precursors from all of the
relevant source categories, which the 2009 South Coast PM10
Redesignation Request and Maintenance Plan divides among stationary,
area wide, and mobile sources. Therefore, we are proposing to approve
the 2010 inventory, which serves as the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan's attainment
year inventory, as satisfying the requirements of section 172(c)(3) of
the CAA for the purposes of redesignation of the South Coast
PM10 nonattainment area to attainment of the 24-hour
PM10 NAAQS.
2. Maintenance Demonstration
Section 175A(a) of the CAA requires a demonstration of maintenance
of the NAAQS for at least 10 years after redesignation. Generally, a
State may demonstrate maintenance of the NAAQS by either showing that
future emissions of a pollutant or its precursors will not exceed the
level of the attainment inventory, or by modeling to show that the
future anticipated mix of sources and emission rates will not cause a
violation of the NAAQS. For areas that are required under the Act to
submit modeled attainment demonstrations, the maintenance demonstration
should use the same type of modeling. Calcagni memorandum, page 9.
For the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan, the State chose the second option and demonstrated
maintenance of the 24-hour PM10 NAAQS by modeling to show
that the future anticipated mix of sources and emission rates will not
cause a violation of the NAAQS in the South Coast Basin as discussed
below.
Future PM10 levels in the South Coast PM10
nonattainment area were modeled in a two-part analysis, using separate
methods for the fine fraction (PM2.5) and the coarse
fraction (PM2.5 to PM10) of PM10. For
the fine fraction of PM10, the modeling demonstration was
based on site-specific relative reduction factors that were generated
from the regional modeling analysis for PM2.5, which
accounted for the chemical formation of secondary particulate
matter.\25\ The future levels of the ``coarse'' fraction
(PM2.5-10) of the PM10 mass were projected by
emissions-based rollback. The projected total PM10 mass was
estimated by adding the fine fraction of the modeling results to the
coarse fraction of the modeling results.
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\25\ See TSD section II-D.
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The reduction in particulate matter precursor emissions results in
a reduction in the levels of PM10, demonstrating maintenance
of the PM10 NAAQS for the South Coast Air Basin for at least
ten years after redesignation.\26\ The modeled PM10 levels
are below the 24-hour PM10 NAAQS level of 150 [micro]g/m\3\
for each of the modeled years of 2010, 2011, 2012, 2014, 2020, 2023,
and 2030 throughout the South Coast Air Basin.\27\ The emissions
projections for the PM10 precursors NOX and VOC
in the South Coast Air Basin have decreased significantly since 2002
and are expected to continue to decrease until 2023, and then increase
slightly in 2030. Although primary PM10 emissions and
emissions of SOX are projected to increase during this time
period, the significant improvement from the decreases in
NOX and VOC emissions lead to a net improvement in
PM10 air quality over the 2002 to 2030 timeframe.
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\26\ 24-hour average PM10 values were projected for
the years 2010, 2011, 2012, 2014, 2020, 2023, and 2030. 2009 South
Coast PM10 Redesignation Request and Maintenance Plan, p.
69.
\27\ The maximum projected 24-hour PM10 level for any
modeled year is 141 [mu]g/m\3\ in 2030 in San Bernardino County.
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EPA proposes to find that the forecasted decreases in
PM10 levels, based on the decrease in particulate matter
precursor emissions, are consistent with the control measures
(discussed above) that are being implemented. Based on our review of
the information presented in the 2009 South Coast PM10
Redesignation Request and Maintenance Plan, we propose to find that the
State has shown that attainment of the PM10 standard will be
maintained in the South Coast Air Basin for at least ten years after
redesignation.
3. Verification of Continued Attainment
In demonstrating maintenance, continued attainment of the NAAQS can
be verified through operation of an appropriate air quality monitoring
network. The Calcagni memo states that the maintenance plan should
contain provisions for continued operation of air quality monitors that
will provide such verification. Calcagni memo, p. 11.
The SCAQMD has committed to continue to operate an appropriate air
quality monitoring network in accordance with 40 CFR part 58, to
continue daily monitoring of PM10 at the existing monitoring
site reporting the highest PM10 concentration, to verify the
ongoing attainment status of the area. 2009 South Coast PM10
Redesignation Request and Maintenance Plan, Chapter 3, page 26. The
SCAQMD monitoring
[[Page 20879]]
network for PM10 is part of an EPA-approved air quality
monitoring network.\28\
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\28\ See footnotes 7-10.
---------------------------------------------------------------------------
4. Contingency Provisions
Contingency provisions are required for maintenance plans under
section 175A of the CAA to promptly correct any violations of the NAAQS
that occur after redesignation of the area. Such provisions must
include a requirement that the State will implement all measures with
respect to the control of the air pollutant concerned that were
contained in the SIP for the area before redesignation of the area as
an attainment area. These contingency provisions are distinguished from
those generally required for nonattainment areas under section
172(c)(9) in that they are not required to be fully-adopted measures
that will take effect without further action by the state in order for
the maintenance plan to be approved. However, the contingency plan is
considered to be an enforceable part of the SIP and should ensure that
the contingency measures are adopted expeditiously once they are
triggered by a specified event.
The Calcagni memo states that the contingency provisions of the
maintenance plan should identify the measures to be adopted, a schedule
and procedure for adoption and implementation, and a time limit for
action by the State. The memo also states that the contingency
provisions should identify indicators or triggers which will be used to
determine when the contingency measures need to be implemented. While
the memo suggests inventory or monitoring indicators, it states that
contingency provisions will be evaluated on a case-by-case basis.
EPA has long approved contingency provisions that rely on
reductions from measures that are already in place but are over and
above those relied on for attainment and RFP under CAA section
172(c)(9). See, e.g., 62 FR 15844 (April 3, 1997); 62 FR 66279
(December 18, 1997); 66 FR 30811 (June 8, 2001); 66 FR 586 and 66 FR
634 (January 3, 2001). This interpretation has been upheld in LEAN v.
EPA, 382 F.3d 575 (5th Cir. 2004), where the court set forth its
reasoning for accepting excess reductions from already adopted measures
as contingency measures.
Our interpretation that excess emission reductions can
appropriately serve as section 172(c)(9) contingency measures is
equally applicable to section 175A(d) contingency measures. EPA has
approved maintenance plans under section 175A that included contingency
provisions relying on measures to be implemented prior to any post-
redesignation NAAQS violation. See 60 FR 27028, 27029 (May 22, 1995);
73 FR 66759, 66,769 (November 12, 2008).
As required by section 175A of the CAA, SCAQMD has adopted a
contingency plan to address possible future PM10 air quality
problems. The contingency provisions in the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan are
contained in Section 3.4 on pages 27-29 of the plan and were clarified
in a subsequent letter from the District.\29\ The District clarified in
the letter to EPA that the trigger to implement contingency provisions
is a violation of the PM10 NAAQS (greater than or equal to
155 ug/m\3\), and that the timeframe for triggering and implementing
maintenance plan contingency provisions would not exceed 24 months.\30\
Should a monitored violation of the PM10 standard occur, not
caused by an exceptional event, the District commits to first determine
if there are available emissions reductions from adopted rules that
were not relied upon for PM10 maintenance that could serve
as contingency measures. If no additional reductions are available,
then the District commits to identify, adopt, and implement new rules
or amend, adopt, and implement existing rules (such as South Coast
Rules 403, 444, 445, 1157, 1158, and 1186) as contingency measures to
achieve emissions reductions within 24 months of the determination that
a violation of the PM10 standard has occurred.
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\29\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer,
South Coast Air Quality Management District, to Deborah Jordan,
Director, Air Division, US Environmental Protection Agency, Region
9, dated March 21, 2013 in the docket for today's action.
\30\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer,
South Coast Air Quality Management District, to Deborah Jordan,
Director, Air Division, US Environmental Protection Agency, Region
9, dated March 21, 2013 in the docket for today's action. The
District also clarified that the 24-month timeframe does not apply
to exceptional events for which the District has submitted
exceptional events documentation to EPA for approval.
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Finally, the District is not proposing to remove or cease
implementing any existing SIP-approved measures. Thus, for the reasons
set forth above, EPA is proposing to find that the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan is
consistent with the maintenance plan contingency provision requirements
of the CAA and EPA guidance.
5. Commitment To Submit Subsequent Maintenance Plan Revision
Eight years after redesignation, the State must submit a revised
maintenance plan that demonstrates continued attainment for the
subsequent ten-year period following the initial ten-year maintenance
period. The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan contains a commitment in Section 3.5 on page 29 to
submit a second maintenance plan eight years after redesignation to
show maintenance for at least the next ten year period.
In light of the discussion set forth above, EPA is proposing to
approve the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan for the South Coast air basin as meeting the
requirements of CAA section 175A.
E. Transportation Conformity and Motor Vehicle Emissions Budgets
Under section 176(c) of the CAA, transportation plans, programs and
projects in the nonattainment or maintenance areas that are funded or
approved under title 23 U.S.C. and the Federal Transit Laws (49 U.S.C.
chapter 53) must conform to the applicable SIP. In short, a
transportation plan and program are deemed to conform to the applicable
SIP if the emissions resulting from the implementation of that
transportation plan and program are less than or equal to the motor
vehicle emissions budgets (budgets) established in the SIP for the
attainment year, maintenance year and other years. See, generally, 40
CFR part 93 for the federal conformity regulations and 40 CFR 93.118
specifically for how budgets are used in conformity.
The budgets serve as a ceiling on emissions that would result from
an area's planned transportation system. The budget concept is further
explained in the preamble to the November 24, 1993, transportation
conformity rule (58 FR 62188). The preamble describes how to establish
budgets in the SIP and how to revise the budgets if needed.
Maintenance plan submittals must specify the maximum emissions of
transportation-related PM10 and PM10 precursor
emissions allowed in the last year of the maintenance period, i.e., the
budgets. Budgets may also be specified for additional years during the
maintenance period. The submittal must also demonstrate that these
emissions levels, when considered with emissions from all other
sources, are consistent with maintenance of the NAAQS. In order for EPA
to find these emissions levels or budgets adequate and approvable, the
submittal must meet the
[[Page 20880]]
conformity adequacy provisions of 40 CFR 93.118(e)(4) and (5).
EPA's process for determining adequacy of a budget consists of
three basic steps: (1) Notifying the public of a SIP submittal; (2)
providing the public the opportunity to comment on the budget during a
public comment period; and, (3) making a finding of adequacy or
inadequacy. The process for determining the adequacy of a submitted
budget is codified at 40 CFR 93.118(f).
EPA can notify the public by either posting an announcement that
EPA has received SIP budgets on EPA's adequacy Web site (40 CFR
93.118(f)(1)), or via a Federal Register notice of proposed rulemaking
when EPA reviews the adequacy of an implementation plan budget
simultaneously with its review and action on the SIP itself (40 CFR
93.118(f)(2)).\31\ Today we are notifying the public that EPA will be
reviewing the adequacy of the budgets in the submitted maintenance
plan. The public has a 30-day comment period (see DATES section of this
notice). After this comment period, EPA will indicate whether the
budgets are adequate via the final rulemaking or on the adequacy Web
site, according to 40 CFR 93.118(f)(2)(iii).
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\31\ The availability of the SIP submittal with budgets can be
announced for public comment on EPA's adequacy Web site at https://www.epa.gov/otaq/stateresources/transconf/reg9sips.htm#ca which
provides a 30-day public comment period. The public can then comment
directly on this Web site.
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The 2009 South Coast PM10 Redesignation Request and
Maintenance Plan submitted by CARB contains new PM10,
reactive organic gases (ROG) \32\ and NOX budgets for the
South Coast PM10 nonattainment area for 2010, 2020, and
2030. The PM10, ROG, and NOX budgets for the
South Coast PM10 nonattainment area are summarized in Table
6. Our adequacy review is detailed in the TSD accompanying today's
Federal Register notice. Therefore, the public comment period for the
adequacy finding will be concurrent with the public comment period for
our proposed action on the 2009 South Coast PM10 Maintenance
Plan and Redesignation Request.
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\32\ The State of California uses the term reactive organic
gases (ROG) where EPA uses the term volatile organic compounds
(VOC). We use the terms interchangeably here.
Table 6--Summary of Motor Vehicle Emissions Budgets in the South Coast
PM10 Redesignation Request and Maintenance Plan
------------------------------------------------------------------------
Emissions in tons per
day
Budget Year[rarr] -----------------------
2010 2020 2030
------------------------------------------------------------------------
ROG............................................. 182 110 81
NOX............................................. 372 180 116
PM10............................................ 159 164 175
------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan
submittal, CARB Staff Report, Analysis of the South Coast Air Basin
PM10 Redesignation Request, Maintenance Plan, and Conformity Budgets,
Table 4, page 10.
In Chapter 3 of the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan, a PM10 modeling sensitivity
analysis was conducted for the years 2010 through 2030 to evaluate the
impact of adding 20 tpd of directly emitted PM10 to the
Basin inventory. The results of this sensitivity analysis indicated
that the additional 20 tpd of directly-emitted PM10
emissions would not cause regional 24-hour PM10
concentrations to exceed 150 [mu]g/m\3\. The analysis predicted that
the maximum 24-hour average PM10 concentration could
potentially reach 141 [mu]g/m\3\ (94 percent of the standard) if the 20
tpd of directly-emitted PM10 were added to the baseline
inventory. Thus the South Coast PM10 modeling indicated a 20
tpd safety margin that can be added to the baseline inventory without
causing ambient concentrations to exceed 150 ug/m\3\ during the 2010 to
2030 period.\33\
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\33\ See 2009 South Coast PM10 Redesignation Request
and Maintenance plan, p. 25.
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After consultation with the District and the metropolitan planning
organization for the region, the Southern California Association of
Governments (SCAG), 5 tpd of directly-emitted PM10 were
added to the conformity budget for 2030. In addition, the 2030 ROG
budget was increased by 3 tpd, which is equivalent to 1 ton of
PM10 based on established modeling ratios. Therefore, total
additions for the 2030 budget are the equivalent of 6 tpd of
PM10. The additional 6 tpd of PM10 represents
only 30 percent of the 20 tpd PM10 safety margin identified
in the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan. The 6 tpd of PM10 allows for anticipated
growth while setting an emissions budget that ensures continued
maintenance of the standard. The ROG budgets for 2010 and 2020 were
also increased by 7 tpd and 4 tpd, respectively. Based on established
modeling ratios, these levels are also equivalent to 1 tpd of
PM10 emissions in each of these years.
EPA released an update to Compilation of Air Pollutant Emission
Factors (AP-42) in January of 2011, which revised the equation for
estimating paved road dust emissions based on an updated regression
that included new emission tests results.\34\ SCAQMD staff conducted an
additional technical analysis of their paved road emission projections
using the updated AP-42 equation and the latest planning assumptions,
to ensure that the motor vehicle emission budgets were still consistent
with the currently approved modeling tools and data and the maintenance
demonstration. The technical analysis showed that the updated paved
road emissions provided a significant safety margin as compared to the
attainment inventory emissions of paved road dust for all years for
which motor vehicle emission budgets were estimated. Therefore, the
total motor vehicle emissions budgets are consistent with maintenance
of the standard.
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\34\ AP-42, Compilation of Air Pollutant Emission Factors, is
the primary compilation of EPA's emission factor information. It
contains emission factors and process information for more than 200
air pollution source categories, including paved roads.
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Based on the information presented in the 2009 South Coast
PM10 Redesignation Request and Maintenance Plan and our
adequacy review to date, we propose to approve the motor vehicle
emissions budgets in the 2009 South Coast PM10 Redesignation
Request and Maintenance Plan as meeting the requirements of the CAA and
EPA regulations.
VI. Proposed Actions and Request for Public Comment
Based on our review of the 2009 South Coast PM10
Redesignation Request and Maintenance Plan submitted by the State, air
quality monitoring data, and other relevant materials, EPA is proposing
to find that the State has addressed all the necessary requirements for
redesignation of the South Coast air basin to attainment of the
PM10 NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A.
First, under CAA section 107(d)(3)(D), we are proposing to approve
CARB's request, which accompanied the submittal of the maintenance
plan, to redesignate the South Coast PM10 nonattainment area
to attainment for the 24-hour PM10 NAAQS. We are doing so
based on our conclusion that the area has met the five criteria for
redesignation under CAA section 107(d)(3)(E). Our conclusion is based
on
[[Page 20881]]
our proposed determination that the area has attained the 24-hour
PM10 NAAQS; that relevant portions of the California SIP are
fully approved; that the improvement in air quality is due to permanent
and enforceable reductions in emissions; that California has met all
requirements applicable to the South Coast PM10
nonattainment area with respect to section 110 and part D of the CAA;
and is based on our proposed approval of the 2009 South Coast
PM10 Maintenance Plan as part of this action.
Second, in connection with the 2009 South Coast PM10
Redesignation Request and Maintenance Plan, EPA proposes to find that
the maintenance demonstration showing how the area will continue to
attain the 24-hour PM10 NAAQS for at least 10 years beyond
redesignation (i.e., through 2030) and the associated motor vehicle
emissions budgets (Table 6 of this notice) meet applicable CAA
requirements for maintenance plans and transportation conformity
requirements under 40 CFR 93.118(e). We are also proposing to approve
the 2010 emissions inventory as meeting applicable requirements for
emissions inventories in CAA section 175A and 172.
We are soliciting comments on these proposed actions. We will
accept comments from the public on this proposal for 30 days following
publication of this proposal in the Federal Register. We will consider
these comments before taking final action.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submittal 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 submittals, 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 these reasons,
these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-08117 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P
