Approval and Promulgation of Implementation Plans; California San Francisco Bay Area and Chico Nonattainment Areas; Fine Particulate Matter Emissions Inventories, 14404-14410 [2014-05527]
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Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS
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Explanation
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Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant
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[FR Doc. 2014–05512 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0599; FRL–9906–92–
Region–9]
Approval and Promulgation of
Implementation Plans; California San
Francisco Bay Area and Chico
Nonattainment Areas; Fine Particulate
Matter Emissions Inventories
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
California State Implementation Plan
(SIP) concerning emissions inventories
for the 2006 24-hour fine particle
National Ambient Air Quality Standard
SUMMARY:
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(NAAQS) for the San Francisco Bay
Area and Chico PM2.5 nonattainment
areas. We are approving these emissions
inventories under the Clean Air Act
(CAA or the Act).
DATES: This rule is effective on May 13,
2014 without further notice, unless EPA
receives adverse comments by April 14,
2014. If we receive such comments, we
will publish a timely withdrawal in the
Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0599, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
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Provisions of the 2010
PM2.5 PSD—Increments, SILs and SMCs
rule (75 FR 64865, October 20, 2010) relating
to SILs and SMCs that
were affected by the
January 22, 2013 U.S.
Court of Appeals decision are not SIP approved.
In addition, we have not
approved Iowa’s rule incorporating EPA’s 2007
revision of the definition
of ‘‘chemical processing
plants’’ (the ‘‘Ethanol
Rule,’’ 72 FR 24060
(May 1, 2007) or EPA’s
2008 ‘‘fugitive emissions
rule,’’ 73 FR 77882 (December 19, 2008).
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online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
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electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), 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:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
A. PM2.5 NAAQS
B. Designation of PM2.5 Nonattainment
Areas
C. Submittal Requirements for PM2.5
Nonattainment Areas
II. Procedural Requirements for Adoption
and Submittal of SIP Revisions
A. Submittal for the San Francisco Bay
Area Nonattainment Area
B. Submittal for the Chico Nonattainment
Area
III. Analysis of State’s Submittals
A. San Francisco Bay Area Emissions
Inventory
B. Chico Emissions Inventory
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
A. PM2.5 NAAQS
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Under section 109 of the CAA, EPA
establishes national ambient air quality
standards (NAAQS or ‘‘standards’’) for
certain pervasive air pollutants (referred
to as ‘‘criteria pollutants’’) and conducts
periodic reviews of the NAAQS to
determine whether they should be
revised or whether new NAAQS should
be established.
On July 18, 1997, EPA revised the
NAAQS for particulate matter to add
new standards for fine particles, using
PM2.5 (particles less than or equal to 2.5
micrometers in diameter) as the
indicator for the pollutant. EPA
established primary and secondary 1
annual and 24-hour standards for PM2.5
(62 FR 38652). The annual standard was
1 For a given air pollutant, ‘‘primary’’ national
ambient air quality standards are those determined
by EPA as requisite to protect the public health, and
‘‘secondary’’ standards are those determined by
EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated
with the presence of such air pollutant in the
ambient air. See CAA section 109(b).
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set at 15.0 micrograms per cubic meter
(mg/m3), based on a 3-year average of
annual mean PM2.5 concentrations, and
the 24-hour standard was set at 65 mg/
m3, based on the 3-year average of the
98th percentile of 24-hour PM2.5
concentrations at each populationoriented monitor within an area.
On October 17, 2006 (71 FR 61144),
EPA revised the level of the 24-hour
PM2.5 NAAQS to 35 mg/m3, based on a
3-year average of the 98th percentile of
24-hour concentrations. EPA also
retained the 1997 annual PM2.5 standard
at 15.0 mg/m3 based on a 3-year average
of annual mean PM2.5 concentrations,
but with tighter constraints on the
spatial averaging criteria.
B. Designation of PM2.5 Nonattainment
Areas
Effective December 14, 2009, EPA
established the initial air quality
designations for most areas in the
United States for the 2006 24-hour PM2.5
NAAQS. See 74 FR 58688 (November
13, 2009). Among the various areas
designated in 2009, EPA designated the
San Francisco Bay Area and the Chico
area in California as nonattainment for
the 2006 24-hour PM2.5 NAAQS.2 3 The
boundaries for these areas are described
in 40 CFR 81.305.
C. Submittal Requirements for PM2.5
Nonattainment Areas
Section 172(c)(3) of the CAA requires
a state with an area designated as
nonattainment to submit for EPA
approval a comprehensive, accurate,
and current inventory of actual
emissions for the nonattainment area.
EPA’s requirements for an emissions
inventory for the PM2.5 NAAQS are set
forth in 40 CFR 51.1008.4 5 This direct
2 The San Francisco Bay Area PM
2.5
nonattainment area includes southern Sonoma,
Napa, Marin, Contra Costa, San Francisco,
Alameda, San Mateo, Santa Clara and the western
part of Solano counties.
3 The Chico PM
2.5 nonattainment area includes
the southwestern two-thirds of Butte County,
California. Butte County lies in the central portion
of northern California’s Sacramento Valley Air
Basin, which stretches from Sacramento County in
the south to Shasta County in the north.
4 40 CFR 51.1008 (a)(2) and (b) do not apply for
the Bay Area or Chico because they relate to
requirements for attainment demonstrations and
reasonable further progress (RFP), which were
suspended for both the Bay Area (78 FR 1760) and
Chico (78 FR 55225) PM2.5 nonattainment areas on
January 9, 2013 and September 10, 2013,
respectively.
5 Although the U.S. Court of Appeals for the
District of Columbia (DC Circuit) recently remanded
this rule and directed EPA to re-promulgate it
pursuant to subpart 4 of part D, title I of the CAA
(see Natural Resources Defense Council v. EPA, 706
F.2d 428 (D.C. Cir. 2013)), the court’s ruling in this
case does not affect EPA’s action on these emission
inventories. Subpart 4 of part D, title I of the Act
contains no specific provision governing emission
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final approval is limited to the
emissions inventories for direct PM2.5
and PM2.5 precursors submitted by the
California Air Resources Board (CARB)
for the San Francisco Bay Area and
Chico nonattainment areas as required
under section 172(c)(3) of the CAA as
applicable to the 2006 PM2.5 24-hour
NAAQS.
On January 9, 2013 (78 FR 1760), EPA
finalized a determination that the San
Francisco Bay Area nonattainment area
had attained the 2006 24-hour PM2.5
NAAQS. On September 10, 2013 (78 FR
55225), EPA finalized a determination
that the Chico nonattainment area had
also attained the 2006 24-hour PM2.5
NAAQS. These determinations of
attainment were based upon complete,
quality-assured, and certified ambient
air monitoring data showing that each
area had monitored attainment of the
2006 24-hour PM2.5 NAAQS based on
the most-recent three years of
monitoring data. Based on these
determinations, the requirements for
each area to submit an attainment
demonstration, together with reasonably
available control measures, a reasonable
further progress (RFP) plan, and
contingency measures for failure to meet
RFP and attainment deadlines, are
suspended for so long as the area
continues to attain the 2006 24-hour
PM2.5 NAAQS. The emissions inventory
submittal requirement in CAA section
172(c)(3) is not suspended by the
determination of attainment, and the
State has submitted the Chico and San
Francisco Bay Area inventories to
address the section 172(c)(3)
requirement.
II. Procedural Requirements for
Adoption and Submittal of SIP
Revisions
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. Section
110(k)(1)(B) requires EPA to determine
whether a SIP submittal is complete
within 60 days of receipt. 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 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
inventories for PM10 or PM2.5 nonattainment areas
that supersedes the general emission inventory
requirement for all nonattainment areas in CAA
section 172(c)(3). See ‘‘State Implementation Plans;
General Preamble for the Implementation of Title I
of the Clean Air Act Amendments of 1990,’’ 57 FR
13498, 13539 (April 16, 1992).
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clock for EPA to act on the SIP
submittal. See CAA section 110(k)(2).
A. Submittal for the San Francisco Bay
Area Nonattainment Area
In this action, we are approving, as a
revision to the California SIP, CARB’s
January 14, 2013 submittal of the 2010
PM2.5 Emissions Inventory for the San
Francisco Bay Area (Bay Area emissions
inventory).6 CARB’s submittal to EPA
documents the public review process
followed by San Francisco Bay Area Air
Quality Management District
(BAAQMD) and CARB in adopting the
Bay Area emissions inventory prior to
submittal to EPA as a revision to the
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. CARB’s
submittal documents the adoption of the
Bay Area emissions inventory by the
BAAQMD Board of Directors on
November 7, 2012. The submittal also
documents CARB’s December 6, 2012
Board resolution approving the Bay
Area emissions inventory.7 On January
14, 2013, CARB submitted the Bay Area
emissions inventory to EPA for approval
as a revision to the California SIP.
CARB’s January 14, 2013 submittal of
the Bay Area emissions inventory
became complete by operation of law on
July 14, 2013.
Based on the documentation included
in CARB’s submittal, we find that the
submittal of the Bay Area emissions
inventory, as a SIP revision, satisfies the
procedural requirements of sections
110(l) of the Act for revising SIPs. For
further details, please see EPA’s
December 20, 2013 Technical Support
Document (TSD) for the Bay Area
emissions inventory.
B. Submittal for Chico Nonattainment
Area
In this action, we are also approving,
as a revision to the California SIP,
CARB’s November 15, 2012 submittal of
a 2011 PM2.5 emissions inventory for the
Chico PM2.5 nonattainment area (Chico
emissions inventory).8 CARB’s
submittal documents the public review
process followed by Butte County Air
Quality Management District
(BCAQMD) and CARB in adopting the
Chico emissions inventory prior to
submittal to EPA. 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.
CARB’s submittal documents the
adoption of the emissions inventory by
the BCAQMD Board of Directors. On
September 27, 2012, the BCAQMD
Board of Directors approved the
emissions inventory and directed
BCAQMD staff to forward the Chico
emissions inventory to CARB, the
Governor of California’s designee for SIP
matters.9 CARB’s submittal also
documents its October 18, 2012 Board
resolution regarding the Chico
emissions inventory.10
CARB’s November 15, 2012 submittal
of the Chico emissions inventory
became complete by operation of law on
May 15, 2013.
Based on the documentation included
in CARB’s submittal, we find that the
submittal of the Chico emissions
inventory as a SIP revision satisfies the
procedural requirements of sections
110(l) of the Act for revising SIPs. For
further details, please see EPA’s
December 20, 2013 TSD for the Chico
emissions inventory.
III. Analysis of State’s Submittals
Section 172(c)(3) of the CAA requires
states to submit a comprehensive,
accurate, and current inventory of actual
emissions for each nonattainment area.
EPA’s requirements for an emissions
inventory for the PM2.5 NAAQS are set
forth in 40 CFR 51.1008. For the PM2.5
NAAQS, the pollutants to be
inventoried are PM2.5, VOC, NOX, SO2,
and NH3.11
A. San Francisco Bay Area Emissions
Inventory
The Bay Area emissions inventory
provides a 2010 inventory in tons per
day (tpd) winter-time emissions
estimates for PM2.5 and PM2.5 precursors
(i.e., nitrogen oxides (NOX), volatile
organic compounds (VOCs),12 ammonia
(NH3), and sulfur dioxide (SO2)).
Monitoring data for the San Francisco
Bay Area nonattainment area indicates
that high PM2.5 concentrations occur
primarily during the winter months;
therefore, the Bay Area emissions
inventory is a winter-season
inventory.13 The source categories
include stationary sources, area sources,
on-road mobile sources and off-road
mobile sources. A summary of the Bay
Area emissions inventory is provided in
Table 1 below, and the detailed Bay
Area emissions inventory is found in
Attachment 1 of CARB’s submittal.
CARB received no public comments on
this submittal.
TABLE 1—SAN FRANCISCO BAY AREA PLANNING AREA 2010 WINTER EMISSIONS INVENTORY IN TONS PER DAY (TPD)
Source category 14
PM2.5
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Industrial and Commercial Processes .................................
Petroleum Product/Solvent Evaporation ..............................
Combustion Stationary Sources—Fireplaces ......................
Combustion Stationary Sources—Wood Stoves .................
Combustion Stationary Sources—Other ..............................
On-Road Mobile ...................................................................
Off-Road Mobile ...................................................................
6 CARB adopted the 2010 PM
2.5 Emission
Inventory for the Bay Area in 2012 and refers to the
submittal as the ‘‘2012 PM2.5 Emission Inventory to
the State Implementation Plan for the San Francisco
Bay Area.’’ However, the actual inventory in the
2012 CARB submittal (Appendix D) is titled, ‘‘Bay
Area Winter Emissions Inventory for Primary PM2.5
& PM Precursors: Year 2010.’’ For purposes of this
action, any reference to the 2012 PM2.5 Emissons
Inventory is equivalent to the Bay Area 2010
winter-time PM2.5 emission inventory.
7 CARB Resolution 12–37, December 6, 2012.
8 CARB adopted the 2011 PM
2.5 Emission
Inventory for the Chico nonattainment area in 2012
and refers to it as the ‘‘2012 PM2.5 Emission
Inventory Submittal to the State Implementation
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VOC
5.5
0.1
13.1
3.7
7.5
7.3
4.3
13.7
69.7
5.3
2.8
6.3
107.4
39.6
Plan for the Chico, CA/Butte County (partial)
Planning Area.’’ However, the actual inventory in
the CARB submittal (Appendix D) is titled ‘‘Chico
Nonattainment Area (Partial Butte County) 2011
Daily Winter-Time Emissions Inventory (Base Year
2005-Grown and Controlled in Tons Per Day).’’ For
purposes of this action, any reference to the 2012
PM2.5 Emissions Inventory is equivalent to the
Chnico 2011 winter-time PM2.5 emission inventory.
9 BCAQMD Revised Resolution No. 2012–12,
September 27, 2012.
10 CARB Resolution 12–31, October 18, 2012.
11 Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, EPA–454/R–05–
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NOX
SO2
3.0
0.0
1.1
0.5
54.4
197.6
90.4
NH3
7.1
0.0
0.2
0.1
17.9
0.9
2.8
6.2
0.0
1.2
0.5
1.1
8.7
0.0
001, August 2005, updated November 2005. https://
www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_
nov2005.pdf.
12 BAAQMD uses the term Reactive Organic Gas
(ROG) rather than VOC. EPA formerly defined the
regulated organic compounds in outdoor air as
ROG. However, EPA later changed that terminology
to ‘‘VOC,’’ which we use here.
13 November 20, 2013 email correspondence from
Amir Fanai (BAAQMD) to Nancy Levin (EPA),
‘‘FW_Annual v. winter inventory (with
attachment).’’ See also ‘‘Understanding Particulate
Matter,’’ 2012, BAAQMD, page 75. Also see ARB
Staff Report, ‘‘Analysis of the 2012 PM2.5 Emissions
Inventory Submittal to the State Implementation
Plan for the San Francisco Bay Area,’’ page 2.
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TABLE 1—SAN FRANCISCO BAY AREA PLANNING AREA 2010 WINTER EMISSIONS INVENTORY IN TONS PER DAY (TPD)—
Continued
Source category 14
PM2.5
VOC
NOX
SO2
NH3
Miscellaneous Other—Consumer Products (excluding pesticides) ..............................................................................
Miscellaneous Other—other ................................................
0.0
7.9
44.1
5.1
0.0
0.2
0.0
0.0
0.5
19.1
Totals a ..........................................................................
49
294
347
29
37
a Totals
rounded consistent with submittal.
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The Bay Area emissions inventory
includes emissions estimates from
stationary sources, area sources, on-road
mobile sources, and off-road mobile
sources. The methodologies used to
derive the 2010 inventory for PM2.5 are
as follows: 15
• The stationary source emissions
inventory is based on 2010 data of
actual emissions reported by all
permitted facilities.
• Area-wide source emissions were
calculated based on reported data for
fuel usage, product sales, population,
employment data, and other parameters
covering a wide range of activities.
• The BAAQMD used residential
2005–2006 wood burning surveys and
mass balance calculations to estimate
emissions from fireplaces and
woodstoves.16
• Commercial cooking did not
include condensable emissions for
purposes of methodological consistency,
since methods to measure condensable
emissions from other sources are not
available.
• The on-road emissions inventory,
which consists of mobile sources such
as trucks, automobiles, buses, and
motorcycles, was prepared by CARB
14 The source categories and totals in Table 1
represent the combined totals from various
subcategories of sources listed in the Bay Area
Winter Emissions Inventory for Primary PM2.5 & PM
Precursors: Year 2010. See Table 1 in Attachment
1 of the TSD. This summary also breaks out
‘‘Combustion Stationary Sources’’ into fireplaces,
woodstoves, and other; and ‘‘Miscellaneous Other
Sources’’ into Consumer Products (excluding
pesticides) and other.
15 ‘‘Understanding Particulate Matter,’’ 2012,
BAAQMD, pages 82–87. https://www.baaqmd.gov/∼/
media/Files/Planning%20and%20Research/Plans/
PM%20Planning/ParticulatesMatter_
Nov%207.ashx.
16 In their ‘‘Spare the Air Tonight Study, 2005–
2006 Winter Wood Smoke Season (2006)’’ the
BAAQMD used probability-based sampling
techniques to obtain a representative sample of
adult population in the district. A total of 2,625
randomly selected residents participated in a
telephone survey on one of 28 interviewing dates
between November 22, 2005 and February 17, 2006.
The methodology and protocols used are described
in the following report: Spare the Air Tonight
Study, 2005–2006 Winter Wood Smoke Season,
Conducted for the Bay Area Air Quality
Management District, 2006.
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18:14 Mar 13, 2014
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using EMFAC2011,17 an EPA-approved
CARB model for on-road motor vehicle
emissions.
• The off-road mobile source category
includes aircraft, trains and boats, and
off-road vehicles and equipment used
for construction, farming, commercial,
industrial, and recreational activities.18
Off-road emissions were estimated by
CARB using category-specific methods
and models, and OFFROAD2007.19
• Ship emissions were based on
actual data where possible. Commercial
boat emissions were calculated based on
data collected from CARB’s 2004
Statewide Commercial Harbor Craft
Survey. Aircraft emissions are based on
actual 2010 activity data.
• Paved road emissions were
estimated by CARB, based on their 2011
guidance and EPA’s AP–42, Fifth
Edition, Volume 1, Chapter 13.2.1, Final
Section.20
As noted above, high PM2.5
concentrations in the San Francisco Bay
Area nonattainment area occur
primarily during the winter months and,
therefore, the BAAQMD submitted a
winter season inventory. The high
17 See
78 FR 14533 (March 6, 2013) regarding EPA
approval of the latest version of the California
EMFAC model (short for EMissionFACtor) and
announcement of its availability. The software and
detailed information on the EMFAC vehicle
emission model can be found on the following
CARB Web site: https://www.arb.ca.gov/msei/
msei.htm.
18 See https://www.arb.ca.gov/msei/
categories.htm.
19 Email from Gabe Ruiz, CARB, to John
Ungvarsky, EPA, December 17, 2013. While
BAAQMD’s ‘‘Understanding Particulate Matter’’
refers to a CARB ‘‘OFFROAD2011’’ model, EPA
staff confirmed that CARB ‘‘did not produce an
integrated version of the OFFROAD model for 2011
(i.e., there is no OFFROAD2011). Instead, off-road
emissions were estimated using a suite of models
that provide inventory estimates specific to
different categories of vehicles. Many of these
category-specific models were developed to support
recent regulations including in-use off-road
equipment, ocean-going vessels, and others. In
those instances when a category-specific model was
not created, OFFROAD2007 was used.’’
20 AP–42 Fifth Edition, Volume 1, Chapter 13.2.1,
Final Section, November 2006, https://www.epa.gov/
ttn/chief/ap42/ch13/final/c13s0201.pdf, and
Understanding Particulate Matter, page 87, footnote
18. See the Technical Support Document for today’s
action for additional information on methods used
by CARB to calculate paved road emissions.
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winter concentrations are mainly due to
meteorological factors, but also are
affected by increased residential wood
burning during the winter. In addition,
cool weather promotes the formation of
ammonium nitrate.21 Residential wood
burning and diesel vehicles comprise
about two thirds of the directly emitted
PM2.5 emissions. On-road motor
vehicles make up the largest source of
NOX and VOC emissions.
EPA has reviewed the results,
procedures, and methodologies for the
Bay Area emissions inventory. The
BAAQMD used standard procedures to
develop its emissions inventory. The
BAAQMD appropriately used seasonal
emissions inventories. After reviewing
the CARB submittal of the Bay Area
emissions inventory and supporting
documentation, EPA finds the Bay Area
emissions inventory meets the
requirements of the CAA and EPA
guidance and, therefore, we are
approving it.
B. Chico Emissions Inventory
The SIP revision submitted by CARB
on November 15, 2012 for the Chico
nonattainment area provides a 2011
winter-time emissions inventory with
emissions estimates in tpd for PM2.5 and
PM2.5 precursors (i.e., NOX, VOCs,22
NH3, and SO2). Monitoring data for the
Chico nonattainment area indicates that
high PM2.5 concentrations occur
primarily during the winter months;
therefore, the submitted inventory is a
winter-season inventory.23 The source
categories include stationary sources,
area sources, on-road mobile sources,
and off-road mobile sources. A summary
of the inventory is provided in Table 2
below, and a detailed inventory is found
in Appendix D of CARB’s submittal.
21 ‘‘Understanding Particulate Matter,’’ 2012,
BAAQMD, page 75.
22 BCAQMD uses the term Reactive Organic Gas
(ROG) rather than VOC. EPA formerly defined the
regulated organic compounds in outdoor air as
ROG. However, EPA later changed that terminology
to ‘‘VOC.’’
23 2012 PM
2.5 Emission Inventory Submittal to the
State Implementation Plan for the Chico, CA/Butte
County (partial) Planning Area, Figure 4–1.
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CARB received no public comments on
this submittal.
TABLE 2—CHICO 2011 DAILY WINTER-SEASON EMISSIONS INVENTORY FOR PM2.5 AND PRECURSORS (TPD) 24
Emissions inventory category
PM2.5
Stationary Sources 25 ....................................................
Area Sources:
Residential Wood Heating ............................................
All Other Residential Heating .......................................
Agricultural (Managed) Burning ....................................
Construction Fugitives ..................................................
Agricultural Fugitives ....................................................
Paved and Unpaved Road Dust (Construction Fugitives) ..........................................................................
All Other Area Sources (General Area Sources) .........
a Mobile Sources:
On-Road .......................................................................
Off-Road .......................................................................
Totals a ...................................................................
25 Totals
VOC
NOX
NH3
0.81
1.69
2.13
0.07
0.07
2.36
0.04
1.16
0.10
0.19
3.40
0.03
0.93
0.00
0.32
0.28
0.59
0.68
0.00
0.00
0.05
0.02
0.11
0.00
0.00
0.15
0.00
0.12
0.00
0.58
0.33
0.08
0.00
4.34
0.00
0.00
0.00
0.00
0.00
3.61
0.27
0.23
3.23
2.34
8.71
4.82
0.03
0.06
0.23
0.002
5.57
16.28
17.22
0.33
4.77
may not precisely match categories because of rounding but are consistent with submittal.
information the BCAQMD has on file for
permitted facilities. The source
categories include, but are not limited
to, most fuel combustion, waste
disposal, cleaning and surface coating,
petroleum marketing and production,
and industrial process facilities, as well
as those subject to the federal Title V
program. For this inventory, stationary
sources also include auto body shops,
dry cleaners, and gasoline stations.
General area sources include solvent
evaporation and other sources for which
BCAQMD followed CARB’s
methodologies to calculate the
emissions inventory estimates.30 The
BCAQMD developed the woodstove/
fireplace emissions estimates using
California housing data, Butte County
Association of Governments’ growth
predictions, and CARB emissions
factors to determine the potential
reductions from BCAQMD Rule 207,
TABLE 3—CHICO 2011 WINTER-TIME Residential Wood Combustion.)31
PM2.5 ERCS (TPD)
Mobile sources include on-road and
off-road emissions. On-road mobile
2011 ERC Registry (October–
source emissions were estimated by
April) ......................................
0.30
CARB using the EMFAC2011model. OffCommunity Bank (October–
April) ......................................
0.06 road emissions were estimated by CARB
using category-specific methods and
Total ...................................
0.36 models, and OFFROAD2007.32
Residential wood heating accounts for
The stationary point source emissions almost half of the winter directly
inventory was developed from
emitted PM2.5 emissions, and mobile
For the Chico nonattainment area, the
BCAQMD used a base year of 2005,
which was the latest completed
comprehensive inventory available.26
This base year inventory was then
‘‘grown and controlled’’ 27 for 2011. For
the PM2.5 NAAQS, the pollutants to be
inventoried are PM2.5, VOC, NOX, SO2,
and NH3.28 The inventory includes
emissions estimates from stationary
sources, area sources, on-road mobile
sources, and off-road mobile sources.
The submittal also includes PM2.5
emissions in BCAQMD’s 2011
Emissions Reduction Credit (ERC)
register and Community Bank reserve.
These potential future emissions are not
included in the 2011 winter-time PM2.5
emissions inventory for Chico, but
BCAQMD recognizes their potential to
be emitted in the future if authorized to
meet New Source Review requirements.
24 Ibid.,
Table 5–1.
Fuel Combustion, Waste Disposal,
Cleaning and Surface Coatings, Petroleum
Production and Marketing, Industrial Processes,
and Solvent Evaporation.
26 Email from Armen Kamian, BCAQMD to Nancy
Levin, EPA, August 8, 2013.
27 ‘‘Grown’’ refers to including population
growth, new roads, additional housing units,
increased road traffic, etc. ‘‘Controlled’’ refers to
including control measures.
25 Includes
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SO2
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28 Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, EPA–454/R–05–
001, August 2005, updated November 2005. https://
www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_
nov2005.pdf.
29 Implementation Guidance for the 2006 24-Hour
Fine Particle (PM2.s) National Ambient Air Quality
Standards (NAAQS). U.S. EPA Memorandum from
S. Page, March 2, 2012.
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Fmt 4700
Sfmt 4700
sources are the largest contributors to
NOX emissions.
EPA has reviewed the results,
procedures, and methodologies for the
submitted emissions inventory. The
BCAQMD used standard procedures to
develop its emissions inventory. The
BCAQMD appropriately used seasonal
emissions inventories. After reviewing
the CARB submittal of the Chico
emissions inventory and supporting
documentation, EPA finds the emissions
inventory meets the requirements of the
CAA and EPA guidance and, therefore,
we are approving it.
IV. Final Action
EPA is taking direct final action to
approve the PM2.5 and PM2.5 precursor
emissions inventories submitted by
CARB on January 14, 2013 for the San
Francisco Bay Area nonattainment area,
and on November 15, 2012 for the Chico
nonattainment area. EPA has
determined that this action is consistent
with sections 110 and 172(c)(3) of the
CAA. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial revision and anticipates
no adverse comments. However, in the
Proposed Rules section of this Federal
Register, we are simultaneously
proposing approval of the same
submitted emissions inventories. If we
30 See https://www.arb.ca.gov/msei/areas src/
inde0.htm.
31 Memorandum, Control Profile Rule 207
Residential Wood Combustion, and attachment
from Gail Williams, BCAQMD to Anna
Komorniczak and Monique Davis, CARB, October
12, 2010; District Rule 207 Wood Burning Devices
(Adopted October 25, 2001; Recodified August 22,
2002; Amended December 11, 2008).
32 December 16, 2013 email from Armen Kamian,
BCAQMD to Nancy Levin, EPA Region 9.
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receive adverse comments by April 14,
2014, we will publish a timely
withdrawal in the Federal Register to
notify the public that the direct final
approval will not take effect, and we
will address the comments in a
subsequent final action based on the
proposal. If we do not receive timely
adverse comments, the direct final
approval will be effective without
further notice on May 13, 2014. This
will incorporate these emissions
inventories into the federally
enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this SIP
revision, and if that provision may be
severed from the remainder of the
revision, EPA may adopt as final those
provisions of the revision that are not
the subject of an adverse comment.
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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17:05 Mar 13, 2014
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• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 13, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
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Fmt 4700
Sfmt 4700
14409
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(434) and (435) to
read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(434) A plan revision submitted on
November 15, 2012 by the Governor’s
Designee.
(i) [Reserved]
(ii) Additional materials.
(A) Butte County Air Quality
Management District.
(1) ‘‘2012 PM2.5 Emission Inventory
Submittal to the State Implementation
Plan for the Chico, CA/Butte County
(partial) Planning Area,’’ as submitted
by the California Air Resources Board
on November 15, 2012. The document
in CARB’s submittal is titled, ‘‘Chico
Nonattainment Area (Partial Butte
County) 2011 Daily Winter-Time
Emissions Inventory (Base Year 2005—
Grown and Controlled in Tons Per
Day.’’
(435) A plan revision submitted on
January 14, 2013 by the Governor’s
Designee.
(i) [Reserved]
(ii) Additional materials.
(A) San Francisco Bay Area Air
Quality Management District.
(1) ‘‘2012 PM2.5 Emission Inventory to
the State Implementation Plan for the
San Francisco Bay Area’’ as submitted
by the California Air Resources Board
on January 14, 2013. The document in
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CARB’s submittal is titled, ‘‘Bay Area
Winter Emissions Inventory for Primary
PM2.5 & PM Precursors: Year 2010.’’
*
*
*
*
*
[FR Doc. 2014–05527 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2006–0318; FRL–9907–91–
OAR]
RIN 2060–AN63
Regulation of Fuel and Fuel Additives:
Reformulated Gasoline Requirements
for the Atlanta Covered Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In this final rule, the
Environmental Protection Agency (EPA)
has determined that the Atlanta metro
area is not a federal reformulated
gasoline (RFG) covered area and,
therefore, that there is no requirement to
use RFG in the Atlanta area. Atlanta is
the only RFG covered area formerly
classified as a severe ozone
nonattainment area under the 1-hour
ozone National Ambient Air Quality
Standard that was redesignated to
SUMMARY:
attainment for that standard before its
revocation, and at a time when it was
designated as nonattainment for the
8-hour ozone standard with a
classification less than severe. EPA has
determined that the statute is
ambiguous as to whether RFG is
required in this situation. EPA believes
that the comprehensive planning
conducted by the State through the SIP
process, the array of regulatory tools at
the State’s disposal, and the current
limited emissions benefits of RFG in
Atlanta as compared to the current state
fuel (as explained elsewhere in the
document) indicate that it would be
appropriate to interpret the relevant
statutory language to not require RFG
use in Atlanta.
DATES: This final rule is effective March
14, 2014
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2006–0318. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
NAICS codes a
Category
Industry .....................................................................
Industry .....................................................................
324110
422710
422720
484220
484230
Industry .....................................................................
a North
SIC codes b
2911
5171
5172
4212
4213
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Kurt
Gustafson, Office of Transportation and
Air Quality, mailcode 6406J,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC. 20460; telephone number: 202–343–
9219; fax number 202–343–2800; email
address: gustafson.kurt@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action may affect you if you
produce, distribute, or sell gasoline for
use in the Atlanta area. The table below
gives some examples of entities that
may have to comply with the
regulations. However, since these are
only examples, you should examine
carefully these and other existing
regulations in 40 CFR part 80. If you
have any questions, please call the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Examples of potentially regulated entities
Petroleum Refiners.
Gasoline Marketers and Distributors.
Gasoline Carriers.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
b Standard
mstockstill on DSK4VPTVN1PROD with RULES
Outline of This Preamble
I. Background
A. The Ozone National Ambient Air
Quality Standard and State
Implementation Plans
B. Reformulated Gasoline
C. Transition from the 1-Hour Ozone to the
1997 8-Hour Ozone NAAQS
D. Legal History of the RFG Requirement
in Atlanta
E. Proposed Options
II. Evaluation of the Emission Benefits
Provided by RFG
III. Quantifying the Difference in VOC
Benefits Between RFG and Conventional
Gasoline
IV. Proposed Options To Address Whether
Atlanta Remains a Federal RFG Covered
Area
V. Public Comment Summary.
VI. What action is EPA taking?
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17:05 Mar 13, 2014
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VII. Application of This Interpretation to the
Atlanta Area
VIII. Statutory and Executive Order Reviews
I. Background
Based on the Atlanta metropolitan
area’s failure to achieve the 1-hour
ozone standard according to a
statutorily-prescribed deadline, the area
was reclassified as a severe ozone
nonattainment area and required to use
RFG. However, as a result of pending
legal proceedings, RFG has never been
implemented in Atlanta, and Atlanta
has not relied on emissions reductions
from federal RFG in its EPA-approved
ozone SIP. In the interim, the air quality
in Atlanta has improved; due in part to
various control strategies in place as
well as vehicle fleet changes, and EPA
has redesignated the area as in
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Fmt 4700
Sfmt 4700
attainment with both the 1-hour and
1997 8-hour ozone standards. Atlanta is
currently designated a marginal
nonattainment area under the 2008
8-hour ozone standard. Although the
Clean Air Act clearly imposes the
obligation to use RFG on areas one year
after they are reclassified as a severe
nonattainment area, it is ambiguous as
to when such RFG covered areas may
discontinue use of RFG. The State has
sought through a petition to EPA and
associated litigation to avoid the
implementation of the RFG program in
Atlanta following classification of the
area as a severe nonattainment area
under the one-hour ozone standard. The
RFG requirement has been stayed
pending resolution of the litigation, and
during the time that Atlanta was
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]]>Agencies
[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14404-14410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05527]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0599; FRL-9906-92-Region-9]
Approval and Promulgation of Implementation Plans; California San
Francisco Bay Area and Chico Nonattainment Areas; Fine Particulate
Matter Emissions Inventories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the California State
Implementation Plan (SIP) concerning emissions inventories for the 2006
24-hour fine particle National Ambient Air Quality Standard (NAAQS) for
the San Francisco Bay Area and Chico PM2.5 nonattainment
areas. We are approving these emissions inventories under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective on May 13, 2014 without further notice,
unless EPA receives adverse comments by April 14, 2014. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0599, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available
[[Page 14405]]
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California 94105-3901. While
all documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), 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: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Background
A. PM2.5 NAAQS
B. Designation of PM2.5 Nonattainment Areas
C. Submittal Requirements for PM2.5 Nonattainment
Areas
II. Procedural Requirements for Adoption and Submittal of SIP
Revisions
A. Submittal for the San Francisco Bay Area Nonattainment Area
B. Submittal for the Chico Nonattainment Area
III. Analysis of State's Submittals
A. San Francisco Bay Area Emissions Inventory
B. Chico Emissions Inventory
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
A. PM2.5 NAAQS
Under section 109 of the CAA, EPA establishes national ambient air
quality standards (NAAQS or ``standards'') for certain pervasive air
pollutants (referred to as ``criteria pollutants'') and conducts
periodic reviews of the NAAQS to determine whether they should be
revised or whether new NAAQS should be established.
On July 18, 1997, EPA revised the NAAQS for particulate matter to
add new standards for fine particles, using PM2.5 (particles
less than or equal to 2.5 micrometers in diameter) as the indicator for
the pollutant. EPA established primary and secondary \1\ annual and 24-
hour standards for PM2.5 (62 FR 38652). The annual standard
was set at 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-
year average of annual mean PM2.5 concentrations, and the
24-hour standard was set at 65 [mu]g/m\3\, based on the 3-year average
of the 98th percentile of 24-hour PM2.5 concentrations at
each population-oriented monitor within an area.
---------------------------------------------------------------------------
\1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by EPA as requisite to
protect the public health, and ``secondary'' standards are those
determined by EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. See CAA section
109(b).
---------------------------------------------------------------------------
On October 17, 2006 (71 FR 61144), EPA revised the level of the 24-
hour PM2.5 NAAQS to 35 [mu]g/m\3\, based on a 3-year average
of the 98th percentile of 24-hour concentrations. EPA also retained the
1997 annual PM2.5 standard at 15.0 [mu]g/m\3\ based on a 3-
year average of annual mean PM2.5 concentrations, but with
tighter constraints on the spatial averaging criteria.
B. Designation of PM2.5 Nonattainment Areas
Effective December 14, 2009, EPA established the initial air
quality designations for most areas in the United States for the 2006
24-hour PM2.5 NAAQS. See 74 FR 58688 (November 13, 2009).
Among the various areas designated in 2009, EPA designated the San
Francisco Bay Area and the Chico area in California as nonattainment
for the 2006 24-hour PM2.5 NAAQS.2 3 The
boundaries for these areas are described in 40 CFR 81.305.
---------------------------------------------------------------------------
\2\ The San Francisco Bay Area PM2.5 nonattainment
area includes southern Sonoma, Napa, Marin, Contra Costa, San
Francisco, Alameda, San Mateo, Santa Clara and the western part of
Solano counties.
\3\ The Chico PM2.5 nonattainment area includes the
southwestern two-thirds of Butte County, California. Butte County
lies in the central portion of northern California's Sacramento
Valley Air Basin, which stretches from Sacramento County in the
south to Shasta County in the north.
---------------------------------------------------------------------------
C. Submittal Requirements for PM2.5 Nonattainment Areas
Section 172(c)(3) of the CAA requires a state with an area
designated as nonattainment to submit for EPA approval a comprehensive,
accurate, and current inventory of actual emissions for the
nonattainment area. EPA's requirements for an emissions inventory for
the PM2.5 NAAQS are set forth in 40 CFR
51.1008.4 5 This direct final approval is limited to the
emissions inventories for direct PM2.5 and PM2.5
precursors submitted by the California Air Resources Board (CARB) for
the San Francisco Bay Area and Chico nonattainment areas as required
under section 172(c)(3) of the CAA as applicable to the 2006
PM2.5 24-hour NAAQS.
---------------------------------------------------------------------------
\4\ 40 CFR 51.1008 (a)(2) and (b) do not apply for the Bay Area
or Chico because they relate to requirements for attainment
demonstrations and reasonable further progress (RFP), which were
suspended for both the Bay Area (78 FR 1760) and Chico (78 FR 55225)
PM2.5 nonattainment areas on January 9, 2013 and
September 10, 2013, respectively.
\5\ Although the U.S. Court of Appeals for the District of
Columbia (DC Circuit) recently remanded this rule and directed EPA
to re-promulgate it pursuant to subpart 4 of part D, title I of the
CAA (see Natural Resources Defense Council v. EPA, 706 F.2d 428
(D.C. Cir. 2013)), the court's ruling in this case does not affect
EPA's action on these emission inventories. Subpart 4 of part D,
title I of the Act contains no specific provision governing emission
inventories for PM10 or PM2.5 nonattainment
areas that supersedes the general emission inventory requirement for
all nonattainment areas in CAA section 172(c)(3). See ``State
Implementation Plans; General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498,
13539 (April 16, 1992).
---------------------------------------------------------------------------
On January 9, 2013 (78 FR 1760), EPA finalized a determination that
the San Francisco Bay Area nonattainment area had attained the 2006 24-
hour PM2.5 NAAQS. On September 10, 2013 (78 FR 55225), EPA
finalized a determination that the Chico nonattainment area had also
attained the 2006 24-hour PM2.5 NAAQS. These determinations
of attainment were based upon complete, quality-assured, and certified
ambient air monitoring data showing that each area had monitored
attainment of the 2006 24-hour PM2.5 NAAQS based on the
most-recent three years of monitoring data. Based on these
determinations, the requirements for each area to submit an attainment
demonstration, together with reasonably available control measures, a
reasonable further progress (RFP) plan, and contingency measures for
failure to meet RFP and attainment deadlines, are suspended for so long
as the area continues to attain the 2006 24-hour PM2.5
NAAQS. The emissions inventory submittal requirement in CAA section
172(c)(3) is not suspended by the determination of attainment, and the
State has submitted the Chico and San Francisco Bay Area inventories to
address the section 172(c)(3) requirement.
II. Procedural Requirements for Adoption and Submittal of SIP Revisions
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. Section 110(k)(1)(B) requires EPA to determine whether a SIP
submittal is complete within 60 days of receipt. 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
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
[[Page 14406]]
clock for EPA to act on the SIP submittal. See CAA section 110(k)(2).
A. Submittal for the San Francisco Bay Area Nonattainment Area
In this action, we are approving, as a revision to the California
SIP, CARB's January 14, 2013 submittal of the 2010 PM2.5
Emissions Inventory for the San Francisco Bay Area (Bay Area emissions
inventory).\6\ CARB's submittal to EPA documents the public review
process followed by San Francisco Bay Area Air Quality Management
District (BAAQMD) and CARB in adopting the Bay Area emissions inventory
prior to submittal to EPA as a revision to the 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. CARB's submittal documents the adoption of the Bay Area
emissions inventory by the BAAQMD Board of Directors on November 7,
2012. The submittal also documents CARB's December 6, 2012 Board
resolution approving the Bay Area emissions inventory.\7\ On January
14, 2013, CARB submitted the Bay Area emissions inventory to EPA for
approval as a revision to the California SIP.
---------------------------------------------------------------------------
\6\ CARB adopted the 2010 PM2.5 Emission Inventory
for the Bay Area in 2012 and refers to the submittal as the ``2012
PM2.5 Emission Inventory to the State Implementation Plan
for the San Francisco Bay Area.'' However, the actual inventory in
the 2012 CARB submittal (Appendix D) is titled, ``Bay Area Winter
Emissions Inventory for Primary PM2.5 & PM Precursors:
Year 2010.'' For purposes of this action, any reference to the 2012
PM2.5 Emissons Inventory is equivalent to the Bay Area
2010 winter-time PM2.5 emission inventory.
\7\ CARB Resolution 12-37, December 6, 2012.
---------------------------------------------------------------------------
CARB's January 14, 2013 submittal of the Bay Area emissions
inventory became complete by operation of law on July 14, 2013.
Based on the documentation included in CARB's submittal, we find
that the submittal of the Bay Area emissions inventory, as a SIP
revision, satisfies the procedural requirements of sections 110(l) of
the Act for revising SIPs. For further details, please see EPA's
December 20, 2013 Technical Support Document (TSD) for the Bay Area
emissions inventory.
B. Submittal for Chico Nonattainment Area
In this action, we are also approving, as a revision to the
California SIP, CARB's November 15, 2012 submittal of a 2011
PM2.5 emissions inventory for the Chico PM2.5
nonattainment area (Chico emissions inventory).\8\ CARB's submittal
documents the public review process followed by Butte County Air
Quality Management District (BCAQMD) and CARB in adopting the Chico
emissions inventory prior to submittal to EPA. 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. CARB's submittal documents the adoption of the emissions
inventory by the BCAQMD Board of Directors. On September 27, 2012, the
BCAQMD Board of Directors approved the emissions inventory and directed
BCAQMD staff to forward the Chico emissions inventory to CARB, the
Governor of California's designee for SIP matters.\9\ CARB's submittal
also documents its October 18, 2012 Board resolution regarding the
Chico emissions inventory.\10\
---------------------------------------------------------------------------
\8\ CARB adopted the 2011 PM2.5 Emission Inventory
for the Chico nonattainment area in 2012 and refers to it as the
``2012 PM2.5 Emission Inventory Submittal to the State
Implementation Plan for the Chico, CA/Butte County (partial)
Planning Area.'' However, the actual inventory in the CARB submittal
(Appendix D) is titled ``Chico Nonattainment Area (Partial Butte
County) 2011 Daily Winter-Time Emissions Inventory (Base Year 2005-
Grown and Controlled in Tons Per Day).'' For purposes of this
action, any reference to the 2012 PM2.5 Emissions
Inventory is equivalent to the Chnico 2011 winter-time
PM2.5 emission inventory.
\9\ BCAQMD Revised Resolution No. 2012-12, September 27, 2012.
\10\ CARB Resolution 12-31, October 18, 2012.
---------------------------------------------------------------------------
CARB's November 15, 2012 submittal of the Chico emissions inventory
became complete by operation of law on May 15, 2013.
Based on the documentation included in CARB's submittal, we find
that the submittal of the Chico emissions inventory as a SIP revision
satisfies the procedural requirements of sections 110(l) of the Act for
revising SIPs. For further details, please see EPA's December 20, 2013
TSD for the Chico emissions inventory.
III. Analysis of State's Submittals
Section 172(c)(3) of the CAA requires states to submit a
comprehensive, accurate, and current inventory of actual emissions for
each nonattainment area. EPA's requirements for an emissions inventory
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008. For the
PM2.5 NAAQS, the pollutants to be inventoried are
PM2.5, VOC, NOX, SO2, and
NH3.\11\
---------------------------------------------------------------------------
\11\ Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations, EPA-454/R-05-001, August
2005, updated November 2005. http:[sol][sol]www.epa.gov/ttn/chief/
eidocs/eiguid/eiguidfinal_nov2005.pdf.
---------------------------------------------------------------------------
A. San Francisco Bay Area Emissions Inventory
The Bay Area emissions inventory provides a 2010 inventory in tons
per day (tpd) winter-time emissions estimates for PM2.5 and
PM2.5 precursors (i.e., nitrogen oxides (NOX),
volatile organic compounds (VOCs),\12\ ammonia (NH3), and
sulfur dioxide (SO2)). Monitoring data for the San Francisco
Bay Area nonattainment area indicates that high PM2.5
concentrations occur primarily during the winter months; therefore, the
Bay Area emissions inventory is a winter-season inventory.\13\ The
source categories include stationary sources, area sources, on-road
mobile sources and off-road mobile sources. A summary of the Bay Area
emissions inventory is provided in Table 1 below, and the detailed Bay
Area emissions inventory is found in Attachment 1 of CARB's submittal.
CARB received no public comments on this submittal.
---------------------------------------------------------------------------
\12\ BAAQMD uses the term Reactive Organic Gas (ROG) rather than
VOC. EPA formerly defined the regulated organic compounds in outdoor
air as ROG. However, EPA later changed that terminology to ``VOC,''
which we use here.
\13\ November 20, 2013 email correspondence from Amir Fanai
(BAAQMD) to Nancy Levin (EPA), ``FW--Annual v. winter inventory
(with attachment).'' See also ``Understanding Particulate Matter,''
2012, BAAQMD, page 75. Also see ARB Staff Report, ``Analysis of the
2012 PM2.5 Emissions Inventory Submittal to the State
Implementation Plan for the San Francisco Bay Area,'' page 2.
Table 1--San Francisco Bay Area Planning Area 2010 Winter Emissions Inventory in Tons Per Day (tpd)
----------------------------------------------------------------------------------------------------------------
Source category \14\ PM2.5 VOC NOX SO2 NH3
----------------------------------------------------------------------------------------------------------------
Industrial and Commercial 5.5 13.7 3.0 7.1 6.2
Processes......................
Petroleum Product/Solvent 0.1 69.7 0.0 0.0 0.0
Evaporation....................
Combustion Stationary Sources-- 13.1 5.3 1.1 0.2 1.2
Fireplaces.....................
Combustion Stationary Sources-- 3.7 2.8 0.5 0.1 0.5
Wood Stoves....................
Combustion Stationary Sources-- 7.5 6.3 54.4 17.9 1.1
Other..........................
On-Road Mobile.................. 7.3 107.4 197.6 0.9 8.7
Off-Road Mobile................. 4.3 39.6 90.4 2.8 0.0
[[Page 14407]]
Miscellaneous Other--Consumer 0.0 44.1 0.0 0.0 0.5
Products (excluding pesticides)
Miscellaneous Other--other...... 7.9 5.1 0.2 0.0 19.1
-------------------------------------------------------------------------------
Totals \a\.................. 49 294 347 29 37
----------------------------------------------------------------------------------------------------------------
\a\ Totals rounded consistent with submittal.
---------------------------------------------------------------------------
\14\ The source categories and totals in Table 1 represent the
combined totals from various subcategories of sources listed in the
Bay Area Winter Emissions Inventory for Primary PM2.5 &
PM Precursors: Year 2010. See Table 1 in Attachment 1 of the TSD.
This summary also breaks out ``Combustion Stationary Sources'' into
fireplaces, woodstoves, and other; and ``Miscellaneous Other
Sources'' into Consumer Products (excluding pesticides) and other.
---------------------------------------------------------------------------
The Bay Area emissions inventory includes emissions estimates from
stationary sources, area sources, on-road mobile sources, and off-road
mobile sources. The methodologies used to derive the 2010 inventory for
PM2.5 are as follows: \15\
---------------------------------------------------------------------------
\15\ ``Understanding Particulate Matter,'' 2012, BAAQMD, pages
82-87. https://www.baaqmd.gov/~/media/Files/
Planning%20and%20Research/Plans/PM%20Planning/ParticulatesMatter--
Nov%207.ashx.
---------------------------------------------------------------------------
The stationary source emissions inventory is based on 2010
data of actual emissions reported by all permitted facilities.
Area-wide source emissions were calculated based on
reported data for fuel usage, product sales, population, employment
data, and other parameters covering a wide range of activities.
The BAAQMD used residential 2005-2006 wood burning surveys
and mass balance calculations to estimate emissions from fireplaces and
woodstoves.\16\
---------------------------------------------------------------------------
\16\ In their ``Spare the Air Tonight Study, 2005-2006 Winter
Wood Smoke Season (2006)'' the BAAQMD used probability-based
sampling techniques to obtain a representative sample of adult
population in the district. A total of 2,625 randomly selected
residents participated in a telephone survey on one of 28
interviewing dates between November 22, 2005 and February 17, 2006.
The methodology and protocols used are described in the following
report: Spare the Air Tonight Study, 2005-2006 Winter Wood Smoke
Season, Conducted for the Bay Area Air Quality Management District,
2006.
---------------------------------------------------------------------------
Commercial cooking did not include condensable emissions
for purposes of methodological consistency, since methods to measure
condensable emissions from other sources are not available.
The on-road emissions inventory, which consists of mobile
sources such as trucks, automobiles, buses, and motorcycles, was
prepared by CARB using EMFAC2011,\17\ an EPA-approved CARB model for
on-road motor vehicle emissions.
---------------------------------------------------------------------------
\17\ See 78 FR 14533 (March 6, 2013) regarding EPA approval of
the latest version of the California EMFAC model (short for
EMissionFACtor) and announcement of its availability. The software
and detailed information on the EMFAC vehicle emission model can be
found on the following CARB Web site: https://www.arb.ca.gov/msei/msei.htm.
---------------------------------------------------------------------------
The off-road mobile source category includes aircraft,
trains and boats, and off-road vehicles and equipment used for
construction, farming, commercial, industrial, and recreational
activities.\18\ Off-road emissions were estimated by CARB using
category-specific methods and models, and OFFROAD2007.\19\
---------------------------------------------------------------------------
\18\ See https://www.arb.ca.gov/msei/categories.htm.
\19\ Email from Gabe Ruiz, CARB, to John Ungvarsky, EPA,
December 17, 2013. While BAAQMD's ``Understanding Particulate
Matter'' refers to a CARB ``OFFROAD2011'' model, EPA staff confirmed
that CARB ``did not produce an integrated version of the OFFROAD
model for 2011 (i.e., there is no OFFROAD2011). Instead, off-road
emissions were estimated using a suite of models that provide
inventory estimates specific to different categories of vehicles.
Many of these category-specific models were developed to support
recent regulations including in-use off-road equipment, ocean-going
vessels, and others. In those instances when a category-specific
model was not created, OFFROAD2007 was used.''
---------------------------------------------------------------------------
Ship emissions were based on actual data where possible.
Commercial boat emissions were calculated based on data collected from
CARB's 2004 Statewide Commercial Harbor Craft Survey. Aircraft
emissions are based on actual 2010 activity data.
Paved road emissions were estimated by CARB, based on
their 2011 guidance and EPA's AP-42, Fifth Edition, Volume 1, Chapter
13.2.1, Final Section.\20\
---------------------------------------------------------------------------
\20\ AP-42 Fifth Edition, Volume 1, Chapter 13.2.1, Final
Section, November 2006, https://www.epa.gov/ttn/chief/ap42/ch13/final/c13s0201.pdf, and Understanding Particulate Matter, page 87,
footnote 18. See the Technical Support Document for today's action
for additional information on methods used by CARB to calculate
paved road emissions.
---------------------------------------------------------------------------
As noted above, high PM2.5 concentrations in the San
Francisco Bay Area nonattainment area occur primarily during the winter
months and, therefore, the BAAQMD submitted a winter season inventory.
The high winter concentrations are mainly due to meteorological
factors, but also are affected by increased residential wood burning
during the winter. In addition, cool weather promotes the formation of
ammonium nitrate.\21\ Residential wood burning and diesel vehicles
comprise about two thirds of the directly emitted PM2.5
emissions. On-road motor vehicles make up the largest source of
NOX and VOC emissions.
---------------------------------------------------------------------------
\21\ ``Understanding Particulate Matter,'' 2012, BAAQMD, page
75.
---------------------------------------------------------------------------
EPA has reviewed the results, procedures, and methodologies for the
Bay Area emissions inventory. The BAAQMD used standard procedures to
develop its emissions inventory. The BAAQMD appropriately used seasonal
emissions inventories. After reviewing the CARB submittal of the Bay
Area emissions inventory and supporting documentation, EPA finds the
Bay Area emissions inventory meets the requirements of the CAA and EPA
guidance and, therefore, we are approving it.
B. Chico Emissions Inventory
The SIP revision submitted by CARB on November 15, 2012 for the
Chico nonattainment area provides a 2011 winter-time emissions
inventory with emissions estimates in tpd for PM2.5 and
PM2.5 precursors (i.e., NOX, VOCs,\22\
NH3, and SO2). Monitoring data for the Chico
nonattainment area indicates that high PM2.5 concentrations
occur primarily during the winter months; therefore, the submitted
inventory is a winter-season inventory.\23\ The source categories
include stationary sources, area sources, on-road mobile sources, and
off-road mobile sources. A summary of the inventory is provided in
Table 2 below, and a detailed inventory is found in Appendix D of
CARB's submittal.
[[Page 14408]]
CARB received no public comments on this submittal.
---------------------------------------------------------------------------
\22\ BCAQMD uses the term Reactive Organic Gas (ROG) rather than
VOC. EPA formerly defined the regulated organic compounds in outdoor
air as ROG. However, EPA later changed that terminology to ``VOC.''
\23\ 2012 PM2.5 Emission Inventory Submittal to the
State Implementation Plan for the Chico, CA/Butte County (partial)
Planning Area, Figure 4-1.
\24\ Ibid., Table 5-1.
\25\ Includes Fuel Combustion, Waste Disposal, Cleaning and
Surface Coatings, Petroleum Production and Marketing, Industrial
Processes, and Solvent Evaporation.
Table 2--Chico 2011 Daily Winter-Season Emissions Inventory for PM2.5 and Precursors (tpd) \24\
----------------------------------------------------------------------------------------------------------------
Emissions inventory category PM2.5 VOC NOX SO2 NH3
----------------------------------------------------------------------------------------------------------------
Stationary Sources \25\..... 0.81 1.69 2.13 0.07 0.07
Area Sources:
Residential Wood Heating.... 2.36 3.40 0.28 0.05 0.15
All Other Residential 0.04 0.03 0.59 0.02 0.00
Heating....................
Agricultural (Managed) 1.16 0.93 0.68 0.11 0.12
Burning....................
Construction Fugitives...... 0.10 0.00 0.00 0.00 0.00
Agricultural Fugitives...... 0.19 0.32 0.00 0.00 0.58
Paved and Unpaved Road Dust 0.33 0.00 0.00 0.00 0.00
(Construction Fugitives)...
All Other Area Sources 0.08 4.34 0.00 0.00 3.61
(General Area Sources).....
\a\ Mobile Sources:
On-Road..................... 0.27 3.23 8.71 0.03 0.23
Off-Road.................... 0.23 2.34 4.82 0.06 0.002
-------------------------------------------------------------------------------
Totals \a\.............. 5.57 16.28 17.22 0.33 4.77
----------------------------------------------------------------------------------------------------------------
\25\ Totals may not precisely match categories because of rounding but are consistent with submittal.
For the Chico nonattainment area, the BCAQMD used a base year of
2005, which was the latest completed comprehensive inventory
available.\26\ This base year inventory was then ``grown and
controlled'' \27\ for 2011. For the PM2.5 NAAQS, the
pollutants to be inventoried are PM2.5, VOC, NOX,
SO2, and NH3.\28\ The inventory includes
emissions estimates from stationary sources, area sources, on-road
mobile sources, and off-road mobile sources. The submittal also
includes PM2.5 emissions in BCAQMD's 2011 Emissions
Reduction Credit (ERC) register and Community Bank reserve. These
potential future emissions are not included in the 2011 winter-time
PM2.5 emissions inventory for Chico, but BCAQMD recognizes
their potential to be emitted in the future if authorized to meet New
Source Review requirements.
---------------------------------------------------------------------------
\26\ Email from Armen Kamian, BCAQMD to Nancy Levin, EPA, August
8, 2013.
\27\ ``Grown'' refers to including population growth, new roads,
additional housing units, increased road traffic, etc.
``Controlled'' refers to including control measures.
\28\ Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations, EPA-454/R-05-001, August
2005, updated November 2005. https://www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_nov2005.pdf.
\29\ Implementation Guidance for the 2006 24-Hour Fine Particle
(PM2.s) National Ambient Air Quality Standards (NAAQS). U.S. EPA
Memorandum from S. Page, March 2, 2012.
Table 3--Chico 2011 Winter-Time PM2.5 ERCs (tpd)
------------------------------------------------------------------------
------------------------------------------------------------------------
2011 ERC Registry (October-April).......................... 0.30
Community Bank (October-April)............................. 0.06
------------
Total.................................................. 0.36
------------------------------------------------------------------------
The stationary point source emissions inventory was developed from
information the BCAQMD has on file for permitted facilities. The source
categories include, but are not limited to, most fuel combustion, waste
disposal, cleaning and surface coating, petroleum marketing and
production, and industrial process facilities, as well as those subject
to the federal Title V program. For this inventory, stationary sources
also include auto body shops, dry cleaners, and gasoline stations.
General area sources include solvent evaporation and other sources for
which BCAQMD followed CARB's methodologies to calculate the emissions
inventory estimates.\30\ The BCAQMD developed the woodstove/fireplace
emissions estimates using California housing data, Butte County
Association of Governments' growth predictions, and CARB emissions
factors to determine the potential reductions from BCAQMD Rule 207,
Residential Wood Combustion.)\31\
---------------------------------------------------------------------------
\30\ See https://www.arb.ca.gov/msei/areas src/inde0.htm.
\31\ Memorandum, Control Profile Rule 207 Residential Wood
Combustion, and attachment from Gail Williams, BCAQMD to Anna
Komorniczak and Monique Davis, CARB, October 12, 2010; District Rule
207 Wood Burning Devices (Adopted October 25, 2001; Recodified
August 22, 2002; Amended December 11, 2008).
---------------------------------------------------------------------------
Mobile sources include on-road and off-road emissions. On-road
mobile source emissions were estimated by CARB using the
EMFAC2011model. Off-road emissions were estimated by CARB using
category-specific methods and models, and OFFROAD2007.\32\ Residential
wood heating accounts for almost half of the winter directly emitted
PM2.5 emissions, and mobile sources are the largest
contributors to NOX emissions.
---------------------------------------------------------------------------
\32\ December 16, 2013 email from Armen Kamian, BCAQMD to Nancy
Levin, EPA Region 9.
---------------------------------------------------------------------------
EPA has reviewed the results, procedures, and methodologies for the
submitted emissions inventory. The BCAQMD used standard procedures to
develop its emissions inventory. The BCAQMD appropriately used seasonal
emissions inventories. After reviewing the CARB submittal of the Chico
emissions inventory and supporting documentation, EPA finds the
emissions inventory meets the requirements of the CAA and EPA guidance
and, therefore, we are approving it.
IV. Final Action
EPA is taking direct final action to approve the PM2.5
and PM2.5 precursor emissions inventories submitted by CARB
on January 14, 2013 for the San Francisco Bay Area nonattainment area,
and on November 15, 2012 for the Chico nonattainment area. EPA has
determined that this action is consistent with sections 110 and
172(c)(3) of the CAA. EPA is publishing this rule without prior
proposal because the Agency views this as a non-controversial revision
and anticipates no adverse comments. However, in the Proposed Rules
section of this Federal Register, we are simultaneously proposing
approval of the same submitted emissions inventories. If we
[[Page 14409]]
receive adverse comments by April 14, 2014, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect, and we will address the comments
in a subsequent final action based on the proposal. If we do not
receive timely adverse comments, the direct final approval will be
effective without further notice on May 13, 2014. This will incorporate
these emissions inventories into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this SIP revision, and if that provision may
be severed from the remainder of the revision, EPA may adopt as final
those provisions of the revision that are not the subject of an adverse
comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 13, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: January 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(434) and (435) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(434) A plan revision submitted on November 15, 2012 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) Butte County Air Quality Management District.
(1) ``2012 PM2.5 Emission Inventory Submittal to the
State Implementation Plan for the Chico, CA/Butte County (partial)
Planning Area,'' as submitted by the California Air Resources Board on
November 15, 2012. The document in CARB's submittal is titled, ``Chico
Nonattainment Area (Partial Butte County) 2011 Daily Winter-Time
Emissions Inventory (Base Year 2005--Grown and Controlled in Tons Per
Day.''
(435) A plan revision submitted on January 14, 2013 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) San Francisco Bay Area Air Quality Management District.
(1) ``2012 PM2.5 Emission Inventory to the State
Implementation Plan for the San Francisco Bay Area'' as submitted by
the California Air Resources Board on January 14, 2013. The document in
[[Page 14410]]
CARB's submittal is titled, ``Bay Area Winter Emissions Inventory for
Primary PM2.5 & PM Precursors: Year 2010.''
* * * * *
[FR Doc. 2014-05527 Filed 3-13-14; 8:45 am]
BILLING CODE 6560-50-P
