Approval and Promulgation of Implementation Plans; California; South Coast 1-Hour and 8-Hour Ozone, 29712-29726 [2014-11510]

Download as PDF 29712 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address 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 proposed 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental regulations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 5, 2014. Jared Blumenfeld, Regional Administrator, EPA Region 9. [FR Doc. 2014–11511 Filed 5–22–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0185; FRL–9911–03– Region 9] Approval and Promulgation of Implementation Plans; California; South Coast 1-Hour and 8-Hour Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the portions of a State implementation plan (SIP) revision submitted by the State of California on February 13, 2013 that relate to attainment of the 1-hour and 1997 8-hour ozone national ambient air quality standards in the Los AngelesSouth Coast area. Specifically, the EPA is proposing to approve the portions of the South Coast Air Quality Management District’s Final 2012 Air Quality Management Plan that update the approved control strategy for the 1997 8-hour ozone standard and that provide a demonstration of attainment of the 1-hour ozone standard by sroberts on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 December 31, 2022. In proposing approval, EPA finds that an attainment date of December 31, 2022 is appropriate in light of the severity of the 1-hour ozone problem in the South Coast and, given the extent to which emissions sources in the South Coast have already been controlled, the limited emissions remaining that can be regulated. EPA is proposing as part of this action to approve new commitments adopted by the South Coast Air Quality Management District, updated new technology measures, and a new commitment by the California Air Resources Board to submit contingency measures in 2019 as necessary to meet the emissions reductions targets for 2022 from implementation of new technology measures. DATES: Any comments must arrive by June 23, 2014. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2014–0185, by one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. • Email: tax.wienke@epa.gov. • Mail or deliver: Wienke Tax, Office of Air Planning (AIR–2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. The www.regulations.gov Web site 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 comments 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 for this action is available electronically on the www.regulations.gov Web site and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105. While all documents in the docket are listed in the index, PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 some information may be publicly available only at the hard copy location (e.g., copyrighted material or large maps), and some may not be publicly available at either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section below. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR– 2), U.S. Environmental Protection Agency, Region IX, (415) 947–4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. EPA’s Review of California’s Submittal A. CAA Procedural and Administrative Requirements for SIP Submittals B. Attainment Demonstration Requirements 1. Emissions Inventories a. Requirements for Emissions Inventories b. Base Year and Future Baseline Emissions Inventories in the 2012 AQMP 2. South Coast 1-Hour Ozone Plan Control Strategy a. Requirements for Control Strategies and RACM Demonstrations b. 2012 AQMP RACM Demonstration c. 2012 AQMP Aggregate Emissions Reductions Commitments d. CAA Section 182(e)(5) New or Improved Technology Measures 3. Applicable Attainment Date 4. Air Quality Modeling for the 2012 1Hour Ozone Attainment Demonstration a. CAA and Regulatory Requirements for 1Hour Ozone Air Quality Modeling and EPA Guidance b. 1-Hour Attainment Demonstration Modeling and Weight of Evidence i. Modeling Approaches for the SCAQMD Attainment Demonstration ii. Results of SCAQMD Modeling c. EPA’s Evaluation of the Modeling Demonstration III. Proposed Action and Request for Public Comment IV. Statutory and Executive Order Reviews I. Background Ground-level ozone is an oxidant that is formed from photochemical reactions in the atmosphere between volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the presence of sunlight. These two pollutants, referred to as ozone precursors, are emitted by many types of pollution sources including on-road motor vehicles (cars, trucks, and buses), nonroad vehicles and engines, power plants and industrial facilities, and smaller area sources such as lawn and garden equipment and paints. E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules Under section 109 of the Clean Air Act (CAA or Act), EPA promulgates national ambient air quality standards (NAAQS or standards) for pervasive air pollutants, such as ozone. The NAAQS are concentration levels that, the attainment and maintenance of which, EPA has determined to be requisite to protect public health and welfare. In 1979, EPA established the 1-hour ozone NAAQS of 0.12 parts per million (ppm).1 Section 110 of the CAA requires States to develop and submit state implementation plans (SIPs) to implement, maintain, and enforce the NAAQS. Under the Clean Air Act, as amended in 1977, EPA designated all areas of the country as ‘‘nonattainment,’’ ‘‘attainment,’’ or ‘‘unclassifiable’’ with respect to each NAAQS, and in so doing, designated the South Coast 2 as a nonattainment area for photochemical oxidant (later ozone). See 43 FR 8962 (March 3, 1978). States with nonattainment areas are required to submit revisions to their SIPs that include a control strategy necessary to demonstrate how the area will attain the NAAQS, and EPA took action on a number of related SIP revisions submitted by the California Air Resources Board (CARB) in the late 1970s and 1980s for the South Coast 1hour ozone nonattainment area.3 However, by 1990, like many other areas throughout the country, the South Coast had not attained the 1-hour ozone standard, and under the CAA Amendments of 1990, the South Coast was classified as an ‘‘extreme’’ nonattainment area for the 1-hour ozone standard with an attainment deadline of November 15, 2010 (56 FR 56694, November 6, 1991) and was subject to additional SIP planning requirements, including a revised attainment demonstration. In the wake of the classification of the South Coast nonattainment area as ‘‘extreme’’ for the 1-hour ozone standard, CARB submitted a number of 1 See 44 FR 8202 (February 8, 1979). South Coast includes Orange County, the southwestern two-thirds of Los Angeles County, southwestern San Bernardino County, and western Riverside County (see 40 CFR 81.305). 3 Under California law, CARB is the state agency that is responsible for submitting SIPs and SIP revisions to EPA. CARB is also responsible for the regulation of mobile sources in California. Regional air quality management districts, such as the South Coast Air Quality Management District (SCAQMD or ‘‘District’’), are responsible for developing and adopting regional air quality plans and for regulating stationary sources. Once adopted, the plans developed by the regional air quality management districts are submitted to CARB for adoption as part of the California SIP and then submitted to EPA for approval or disapproval under section 110 of the CAA. sroberts on DSK5SPTVN1PROD with PROPOSALS 2 The VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 SIP revisions for the South Coast that contained attainment demonstrations for the 1-hour ozone standard and that relied on a combination of mobile source control measures adopted by CARB and stationary source control measures adopted by South Coast Air Quality Management District (SCAQMD). In connection with these submittals, EPA took the following actions: • 1994 South Coast Air Quality Management Plan (AQMP) and related state strategy (‘‘1994 AQMP’’)—EPA approved the 1-hour ozone attainment demonstration at 62 FR 1150 (January 8, 1997); • 1997 AQMP, as revised in 1999 (‘‘1997/1999 AQMP’’)—EPA approved the revised 1-hour ozone demonstration at 65 FR 18903 (April 10, 2000); and • 2003 AQMP and related state strategy (‘‘2003 AQMP’’)—EPA disapproved the revised 1-hour ozone attainment demonstration at 74 FR 10176 (March 10, 2009). Each of these plans rely on a regulatory foundation of regulations adopted and implemented by the SCAQMD, CARB, and EPA for stationary and mobile sources, and also include commitments for new or more stringent regulations to achieve additional emissions reductions necessary for attainment. Each subsequent ozone plan then builds upon the foundation of the new or strengthened regulations that were adopted to support the previous plan. While the emissions reduction measures implemented under these South Coast ozone plans have been successful in reducing ozone concentrations in the South Coast,4 the South Coast failed to attain the 1-hour ozone standard by the applicable attainment date of 2010.5 Meanwhile, in 1997, EPA revised the NAAQS for ozone, setting it at 0.08 ppm averaged over an 8-hour timeframe (referred to herein as the ‘‘1997 8-hour ozone standard’’) to replace the existing 1-hour ozone standard of 0.12 ppm.6 7 In 4 For example, the annual number of days at any one monitoring station during which the 1-hour ozone standard was exceeded decreased from 103 days to 6 days between 1990 and 2010 despite significant increases in population, employment and vehicle travel. The maximum 1-hour ozone concentration measured in the South Coast decreased from 0.33 ppm to 0.14 ppm over the same period. 5 76 FR 82133 (December 30, 2011). 6 62 FR 33856 (July 18, 1997). 7 On March 27, 2008 (73 FR 16436), EPA lowered the 8-hour ozone standard to 0.075 ppm (the 2008 8-hour ozone standard), and on May 21, 2012, EPA designated the South Coast as extreme nonattainment for the 2008 8-hour ozone standard (77 FR 30088). Today’s proposed action relates to an attainment demonstration for the 1-hour ozone standard that relies heavily on the control strategy PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 29713 2004, EPA designated and classified the South Coast area as a ‘‘severe-17’’ nonattainment area for the 1997 8-hour ozone standard but later granted CARB’s request to reclassify the South Coast to ‘‘extreme’’ for the 1997 8-hour ozone standard.8 The corresponding applicable attainment year for the 1997 8-hour ozone standard in the South Coast is 2023. In response to this designation, CARB submitted the 2007 South Coast AQMP and related 2007 State Strategy (‘‘2007 AQMP’’), and EPA took the following action: • 2007 AQMP and 2007 State Strategy, as amended in 2009 and 2011—EPA approved the attainment demonstration for the 1997 8-hour ozone standard at 77 FR 12674 (March 1, 2012), amended at 77 FR 70707 (November 27, 2012). The 8-hour ozone control strategy in the 2007 AQMP builds upon the control strategy established under the previous 1-hour ozone plans. In connection with EPA’s 2012 approval of the South Coast attainment demonstration for the 1997 8-hour ozone standard in the 2007 AQMP, EPA approved a number of commitments by CARB and the SCAQMD as part of the California SIP, including commitments to bring certain defined measures before their respective boards by certain dates, commitments to achieve certain aggregate emissions reductions by certain milestone years, and a commitment to achieve emissions reductions from development and implementation of advanced control technologies under CAA section 182(e)(5). Of particular relevance for this proposed action, EPA approved CARB’s commitment to achieve aggregate emissions reductions (beyond those already accounted for in the baseline) of 52 tons per day (tpd) of VOC and 144 tpd of NOX in the South Coast by 2020, and CARB’s commitment under section 182(e)(5) to achieve an additional 40 tpd of VOC and 241 tpd of NOX in the South Coast by 2023. As noted above, the last South Coast 1-hour ozone attainment demonstration on which EPA took action was the one included in the 2003 AQMP. The 2003 AQMP revised the 1-hour ozone attainment demonstration approved as part of the 1997/1999 AQMP in light of new modeling results that showed that the approved strategy from the 1997/ 1999 AQMP would not provide for attainment of the 1-hour ozone standard by the 2010 attainment deadline. approved for attainment of the 1997 8-hour ozone standard. Attainment demonstrations for the more stringent 2008 8-hour ozone standard are not yet due. 8 69 FR 23858 (April 30, 2004); 75 FR 24409 (May 5, 2010). E:\FR\FM\23MYP1.SGM 23MYP1 29714 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules sroberts on DSK5SPTVN1PROD with PROPOSALS EPA disapproved the revised 1-hour ozone attainment demonstration in the 2003 AQMP because a number of state control measures upon which the demonstration relied had been withdrawn from consideration. EPA’s action on the 2003 AQMP was successfully challenged. In response to the court’s decision 9 and in recognition of the fact that the South Coast had in fact failed to attain the 1-hour ozone standard by 2010, EPA issued a ‘‘SIP call’’ to California at 78 FR 889 (January 7, 2013) under CAA section 110(k)(5).10 In our final SIP call, we explained that states remain obligated to adopt and implement an attainment demonstration plan for the 1-hour ozone standard, notwithstanding the revocation of the 1hour ozone standard in 2005, under EPA’s ‘‘anti-backsliding’’ regulations governing the transition from the 1-hour ozone standard to the 1997 8-hour ozone standard.11 See 40 CFR 51.905(a)(1)(i). Under our SIP call, California was required to submit a SIP revision that meets the requirements of CAA section 182(c)(2)(A) 12 and that demonstrates attainment of the 1-hour ozone standard as expeditiously as practicable but no later than five years from the effective date of the final SIP call, absent justification for a later date, not to exceed 10 years beyond the effective date of the final SIP call. In considering whether a period longer than five years is warranted, EPA must consider the severity of the remaining nonattainment problem in the South Coast and the availability and feasibility of pollution 9 See Association of Irritated Residents v. EPA, 632 F.3d 584 (9th Cir. 2011), reprinted as amended on January 27, 2012, 686 F.3d 668, further amended February 13, 2012. 10 Section 110(k)(5) provides, in relevant part, that: ‘‘Whenever [EPA] finds that the [SIP] for any area is substantially inadequate to attain or maintain the relevant [NAAQS], . . . , or to otherwise comply with any requirement of this chapter, [EPA] shall require the State to revise the plan as necessary to correct such inadequacies.’’ 11 Our finding of substantial inadequacy under CAA section 110(k)(5) for failure to ‘‘adopt and implement’’ a 1-hour ozone attainment demonstration is not intended as a finding of nonimplementation under CAA section 179(a)(4). 12 Under CAA section 182(c)(2)(A), the State must submit a revision to the SIP that includes a demonstration that the plan, as revised, will provide for attainment of the ozone NAAQS. The attainment demonstration must be based on photochemical grid modeling or any other analytical method determined by EPA to be at least as effective. Section 182(c)(2)(A) applies within ozone nonattainment areas classified as ‘‘serious,’’ but as a general matter, areas classified as ‘‘extreme’’ for the ozone nonattainment area, such as the South Coast, are subject to the requirements for lower-classified areas, such as those for ‘‘serious’’ areas, as well as those prescribed specifically for ‘‘extreme’’ areas. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 control measures. See CAA section 172(a)(2). The subject of today’s proposed action is a SIP revision that was submitted in part to respond to EPA’s SIP call for a revised attainment demonstration for the 1-hour ozone standard. As discussed later in this document, the submitted 1hour ozone attainment demonstration relies heavily on the approved control strategy for the 1997 8-hour ozone standard that is discussed above in connection with EPA’s approval of the 2007 AQMP. II. EPA’s Review of California’s Submittal On December 7, 2012, SCAQMD adopted the Final 2012 Air Quality Management Plan (‘‘2012 AQMP’’), and later forwarded it to CARB for approval and submittal to EPA. The 2012 AQMP updates the approved 1997 8-hour ozone control strategy, includes attainment demonstrations for the 1hour ozone standard and the 2006 PM2.5 standard, and includes demonstrations intended to address the vehicle-milestraveled emissions offset requirements of CAA section 182(d)(1)(A) 13 for the 1hour ozone and 1997 8-hour ozone standards. With respect to the 1997 8hour ozone standard, in adopting the 2012 AQMP, the SCAQMD indicated that, while the 2012 AQMP updates the approved 1997 8-hour ozone control strategy with new measures designed to reduce reliance on CAA section 182(e)(5) long-term (i.e., advanced control technologies) measures for VOC and NOX reductions, it is not intended as an update to other elements of the approved 8-hour ozone control plan.14 On January 25, 2013, CARB adopted the 2012 AQMP as a revision to the California SIP. On February 13, 2013, CARB submitted the 2012 AQMP to EPA along with the relevant CARB and SCAQMD board resolutions and other supporting material. In adopting the 2012 AQMP, CARB committed to develop, adopt, and submit contingency measures by 2019 if advanced control technology measures do not achieve planned reductions as required by CAA section 182(e)(5).15 As noted above, the 2012 AQMP contains a number of SIP elements for a number of pollutants. Today, we are proposing action on the 13 Under CAA section 182(d)(1)(A), states with severe or extreme ozone nonattainment areas must submit SIP revisions that identify and adopt specific transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or numbers of vehicle trips in such areas. 14 See SCAQMD Governing Board Resolution No. 12–19 (December 7, 2012). 15 See CARB Board Resolution No. 13–3 (January 25, 2013). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 portions of the 2012 AQMP that update the approved 1997 8-hour ozone control strategy from the 2007 AQMP and that provide an attainment demonstration for the 1-hour ozone standard. Specifically, the relevant elements of the 2012 AQMP covered by our proposed action include: • CARB’s resolution of adoption (Resolution 13–3); • SCAQMD’s resolution of adoption (Resolution 12–19); • The ozone-related portions of chapter 4 of the 2012 AQMP (‘‘Control Strategy and Implementation’’); • Appendices IV–A (‘‘District’s Stationary Source Control Measures’’), IV–B (‘‘Proposed Section 182(e)(5) Implementation Measures’’), and IV–C (‘‘Regional Transportation Strategy and Control Measures’’); and • Appendix VII (‘‘South Coast 2012 1hour ozone attainment demonstration’’), which includes 4 attachments, one of which includes a demonstration of reasonably available control measures (RACM). In addition, EPA requested clarification of the commitments made by SCAQMD and CARB in connection with the 1hour ozone attainment demonstration in the 2012 AQMP, and the two agencies responded with the following letters clarifying their respective commitments: • Letter from Barry R. Wallerstein, D.Env, SCAQMD Executive Officer, to Jared Blumenfeld, Regional Administrator, EPA Region IX, May 1, 2014 (‘‘Wallerstein Letter’’); and • Letter from Richard W. Corey, Executive Officer, CARB, to Jared Blumenfeld, Regional Administrator, EPA Region IX, May 2, 2014 (‘‘Corey Letter’’). For simplicity, in referring to the elements on which we are acting, we are using the term ‘‘2012 AQMP’’ even though we recognize that the 2012 AQMP includes other elements in addition to those covered in this proposed action. The 1-hour ozone attainment demonstration includes base year and future year emissions inventory estimates, a control strategy and RACM demonstrations, and an attainment demonstration based on photochemical modeling. The control strategy for the revised 1-hour ozone demonstration relies on the same SCAQMD measures referred to by SCAQMD as new measures that update the approved 1997 8-hour ozone control strategy. A. CAA Procedural and Administrative Requirements for SIP Submittals CAA sections 110(a)(1) and (2) and 110(l) require a state to provide reasonable public notice and opportunity for public hearing prior to E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules the adoption and submittal of a SIP or SIP revision. To meet this requirement, every SIP submittal should include evidence that adequate public notice was given and a public hearing was held consistent with EPA’s implementing regulations in 40 CFR 51.102. The SCAQMD provided a public comment period and held a public hearing prior to its December 7, 2012 adoption of the 2012 AQMP. CARB provided the required public notice and opportunity for public comment prior to its January 25, 2013 public hearing on the 2012 AQMP. CARB’s February 13, 2013 SIP submittal package includes notices of the SCAQMD and CARB public hearings, as evidence that all hearings were properly noticed. We therefore find that CARB’s February 13, 2013 SIP revision submittal meets the procedural requirements of CAA sections 110(a) and 110(l). B. Attainment Demonstration Requirements CAA section 182(c)(2)(A) requires states with ozone nonattainment areas classified as serious, severe or extreme to submit plans that demonstrate attainment of the 1-hour ozone standard as expeditiously as practicable but no later than the outside date established in the CAA. The attainment demonstration should include technical analyses that locate and identify sources of emissions that are contributing to violations of the 1-hour ozone standard within the nonattainment area and adopted measures with schedules for implementation and other means and techniques necessary and appropriate for attainment. In order to determine whether the area has demonstrated attainment ‘‘as expeditiously as practicable,’’ the area must provide a demonstration that all RACM are implemented. CAA 172(c)(1). In addition, the ‘‘. . . attainment demonstration must be based on photochemical grid modeling or any other analytical method determined by the Administrator . . . to be at least as effective.’’ CAA section 182(c)(2)(A). sroberts on DSK5SPTVN1PROD with PROPOSALS 1. Emissions Inventories a. Requirements for Emissions Inventories Attainment demonstrations rely upon emissions inventories that reflect different scenarios, including existing conditions (‘‘base year’’) and future VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 ‘‘baseline’’ conditions. The base year emission inventory must be a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant. Future baseline emissions inventories must reflect the most recent population, employment, travel and congestion estimates for the area. In this context, ‘‘baseline’’ emissions represent an estimate of the emissions that would occur in an area if no additional controls other than those already adopted are implemented. b. Base Year and Future Baseline Emissions Inventories in the 2012 AQMP The 2012 AQMP includes a 2008 base year and a 2022 baseline emissions inventory for the South Coast 1-hour nonattainment area. Documentation for these inventories is found in appendix III (‘‘Base and Future Year Emission Inventory’’), and section 3 of appendix VII, of the 2012 AQMP. The 2008 base year ozone precursor inventory provides the basis for the control measure analysis and the attainment demonstration in the South Coast 2012 1-hour ozone attainment demonstration. VOC and NOX emissions are grouped into two general categories, stationary sources and mobile sources. Stationary sources can be further divided into ‘‘point’’ and ‘‘area’’ sources. Point sources typically refer to permitted facilities and have one or more identified and fixed pieces of equipment and emissions points. Permitted facilities are required to report their emissions to the SCAQMD Annual Emissions Reporting Program. Area sources consist of widespread and numerous smaller emission sources, such as small permitted facilities, households, and road dust. The mobile sources category can be divided into two major subcategories, ‘‘on-road’’ and ‘‘off-road’’ mobile sources. On-road mobile sources include light-duty automobiles, light-, medium-, and heavy-duty trucks, and motorcycles. Off-road mobile sources include aircraft, locomotives, construction equipment, mobile equipment, and recreational vehicles. The emissions inventories in the 2012 AQMP were developed using data provided by CARB, the California Department of Transportation, and SCAG. These agencies collect data PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 29715 (industry growth factors, socioeconomic projections, travel activity levels, emission factors, emission speciation profiles, and emissions) and developing methodologies (for example, model and demographic forecast improvements) used to generate comprehensive emissions inventories. CARB maintains statewide inventories in its California Emissions Inventory Development and Reporting System (CEIDARS) and California Emission Forecasting and Planning Inventory (CEFIS).16 Area source inventories are developed by CARB and the District for approximately 400 area source categories. For the 2008 base year inventory, a number of area source category emissions inventories used existing methodologies with updated activity data such as fuel or sales data. Both CARB and the District are continuously updating and improving emissions inventory methodologies; for this plan, five new categories were added to the inventory, other methodologies were refined, and some area source categories were expanded.17 CARB prepares on-road and most of the off-road inventories from its Emission FACtor (EMFAC) 2011 model and 2011 In-Use Fleet Off-Road models.18 Caltrans provides information on highway projects. SCAG uses these data to estimate and project vehicle miles travelled (VMT) and speeds. SCAG also provides socioeconomic projections and projections of transportation activity data for use in on-road inventory development. Table 1 depicts a summary of the 2008 VOC and NOX emissions inventory for the South Coast 1-hour ozone nonattainment area as presented in the 2012 AQMP. Emissions estimates in table 1 are broken down by the major source categories described above. Based on the inventory for 2008, stationary and area sources currently account for 40 percent of VOC emissions, and 10 percent of the NOX emissions, in the South Coast while mobile sources account for 60 percent of the VOC emissions and 90 percent of the NOX emissions. 16 See 2012 AQMP, Appendix III. 2012 AQMP, Appendix III, pages III–1–5, III–1–11, and III–1–14–15. 18 EMFAC 2011 was approved by EPA for use in SIPs on March 6, 2013 (see 78 FR 14533). 17 See E:\FR\FM\23MYP1.SGM 23MYP1 29716 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules TABLE 1—SUMMARY OF SOUTH COAST AIR BASIN 2008 VOC AND NOX EMISSIONS INVENTORY [Summer planning inventory, tpd] Source category VOC NOX Fuel Combustion .............................................................................................................................................................. Waste Disposal ................................................................................................................................................................ Cleaning and Surface Coatings ....................................................................................................................................... Petroleum Production and Marketing .............................................................................................................................. Industrial Processes ........................................................................................................................................................ Solvent Processes ........................................................................................................................................................... Miscellaneous Processes ................................................................................................................................................ 14 12 43 41 19 126 9 41 2 0 0 0 0 44 Subtotal—Stationary and Area Sources .................................................................................................................. On-road Vehicles ............................................................................................................................................................. Off-road Vehicles ............................................................................................................................................................. 264 213 162 87 426 208 Subtotal—Mobile Sources ........................................................................................................................................ 375 634 Total—South Coast ........................................................................................................................................... 639 721 Source: 2012 AQMP, appendix VII, table VII–3–1. Table 2 presents a summary of future baseline emissions in the South Coast in 2022. In this instance, future baseline emissions reflect SCAQMD regulations adopted as of June 2012 and CARB rules adopted by August 2011 19 as well as the latest forecasts of growth in population, employment, and vehicle travel. Generally, EPA will approve a State plan that takes emissions reduction credit for a control measure only where EPA has approved the measure as part of the SIP, or in the case of certain onroad and nonroad (or ‘‘off-road’’) measures, where EPA has issued the related waiver of preemption or authorization under CAA section 209(b) or section 209(e). Thus, to take credit for the emissions reductions from newlyadopted or amended SCAQMD rules for stationary sources, the related rules must be approved by EPA into the SIP. Table 3 lists the SCAQMD regulations for which specific emissions reduction credit was taken in the future baseline emissions estimates for the 2012 AQMP. See 2012 AQMP, appendix III, table III– 2–2B. As shown in table 3, EPA has approved all of these regulations into the SIP. Most of these regulations have been amended a number of times by SCAQMD, and, with three exceptions, EPA has approved the most recently amended versions of the regulations into the SIP. As to the three exceptions (Rules 1146, 1146.1, and 1147), EPA anticipates taking final action on the most recently amended versions of the regulations prior to taking final action on the revised 1-hour ozone attainment demonstration. With respect to mobile sources, we have placed a table in the docket that shows, among other things, the CARB regulations adopted through August 2011. In general, CARB regulations adopted through August 2011 and included in the future baseline are approved into the SIP, waived or authorized and thus emissions reduction credit for them in the future baseline is warranted. For example, EPA approved CARB’s Truck and Bus Rule at 77 FR 20308 (April 4, 2012); EPA authorized CARB’s Cleaner In-Use OffRoad Equipment Regulation at 78 FR 58090 (September 20, 2013); EPA authorized CARB’s At-Berth Regulation, which reduces emissions from diesel auxiliary engines on contained ships, passenger ships and refrigerated cargo ships while berthing at a California port, at 76 FR 77515 (December 13, 2011); and EPA waived preemption for CARB’s Truck Idling Regulation at 77 FR 9239 (February 16, 2012). EPA is anticipating final action on CARB’s amended Consumer Products Regulation prior to taking final action on the revised 1-hour ozone attainment demonstration. TABLE 2—SUMMARY OF SOUTH COAST AIR BASIN 2022 VOC AND NOX EMISSIONS INVENTORY [Summer planning inventory, tpd] Source category VOC NOX sroberts on DSK5SPTVN1PROD with PROPOSALS Fuel Combustion .............................................................................................................................................................. Waste Disposal ................................................................................................................................................................ Cleaning and Surface Coatings ....................................................................................................................................... Petroleum Production and Marketing .............................................................................................................................. Industrial Processes ........................................................................................................................................................ Solvent Processes ........................................................................................................................................................... Miscellaneous Processes ................................................................................................................................................ 14 14 55 36 17 112 9 28 2 0 0 0 0 40 Subtotal—Stationary and Area Sources .................................................................................................................. On-road Vehicles ............................................................................................................................................................. Off-road Vehicles ............................................................................................................................................................. 258 73 109 70 131 137 Subtotal—Mobile Sources ........................................................................................................................................ 182 267 Total—South Coast ........................................................................................................................................... 440 337 Source: Interpolated for year 2022 from 2012 AQMP, Appendix III, tables B–4 and B–5. 19 See 2012 AQMP, Appendix III, page III–1–1. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules Emissions in table 2 are also broken down by the major source categories described above. A comparison between future baseline emissions in table 2 with the corresponding base year (2008) emissions in table 1 shows that, 29717 emissions relative to 2008, mobile sources will still account for 40 percent of the VOC, and 80 percent of the NOX, basin-wide inventory in 2022. assuming current controls, there will be only modest changes in emissions from stationary and area sources but substantial decreases in emissions from mobile sources. However, even with the substantial decrease in mobile sources TABLE 3—DISTRICT MEASURES INCLUDED IN THE FUTURE YEAR BASELINE EMISSIONS Date of SCAQMD adoption or most recent amendment Rule Description Rule 1110.2 ...... Emissions from Gaseous- and Liquid-Fueled Internal Combustion Engines. Reduction of NOX Emissions from Natural-GasFired, Fan-Type Central Furnaces. Architectural Coatings ........................................... Control of Emissions from Refinery Flares ........... Control of Nitrogen Oxides from Residential-Type Natural-Gas-fired Water Waters. Emissions Reductions from Co-Composting Operations. Emission Reductions from Greenwaste Composting Operations. Consumer Paint Thinners and Multipurpose Solvents. Metalworking Fluids and Direct Contact Lubricants. Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators and Process Heaters. Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators and Process Heaters. Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers and Process Heaters. NOX Reductions from Miscellaneous Sources ..... Rule 1111 ......... Rule 1113 ......... Rule 1118 ......... Rule 1121 ......... Rule 1133.2 ...... Rule 1133.3 ...... Rule 1143 ......... Rule 1144 ......... Rule 1146 ......... Rule 1146.1 ...... Rule 1146.2 ...... Rule 1147 ......... Rule 1149 ......... Rule 1151 ......... Rule 1177 ......... sroberts on DSK5SPTVN1PROD with PROPOSALS Rule 1178 ......... Storage Tank and Pipeline Cleaning and Degassing. Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations. Liquefied Petroleum Gas Transfer and Dispensing. Further Reductions of VOC Emissions from Storage Tanks at Petroleum Facilities. We have reviewed the emissions inventories developed for the 2012 South Coast 1-hour ozone attainment demonstration, and the inventory methodologies used by the SCAQMD for consistency with CAA requirements and EPA’s guidance. We find that the 2008 base year inventory is a comprehensive, accurate, and current inventory of ozone precursor emissions in the South Coast 1-hour ozone nonattainment area, and that 2008 is an appropriate base year for the revised 1-hour ozone attainment demonstration, and that the future baseline emissions projections for 2022 reflect appropriate emissions calculation methods and the latest planning assumptions. Therefore, we find the base year and future baseline emissions inventories to be acceptable for the purposes of developing a 1-hour ozone attainment demonstration. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 EPA Approval (unless otherwise noted) February 1, 2008 ....... 74 FR 18995, April 27, 2009. November 6, 2009 ..... 75 FR 46845, August 4, 2010. June 3, 2011 ............. November 4, 2005 .... September 3, 2004 ... 78 FR 18244, March 26, 2013. 72 FR 49196, August 28, 2007. 74 FR 20880, May 6, 2009. January 10, 2003 ...... 69 FR 43518, July 21, 2004. July 8, 2011 ............... 77 FR 71129, November 29, 2012. December 3, 2010 .... 76 FR 70888, November 16, 2011. July 9, 2010 ............... 76 FR 70888, November 16, 2011. September 5, 2008 ... Proposed limited approval/limited disapproval at 76 FR 40303 (July 8, 2011). September 5, 2008 ... Proposed limited approval/limited disapproval at 76 FR 40303 (July 8, 2011). May 5, 2006 .............. 73 FR 74027, December 5, 2008. September 9, 2011 ... May 2, 2008 .............. December 5, 2008 version of rule approved at 75 FR 46845, August 4, 2010. 74 FR 67821, December 21, 2009. December 2, 2005 .... 78 FR 58959, September 24, 2013. June 1, 2012 ............. 79 FR 364, January 3, 2014. April 7, 2006 .............. 72 FR 49196, August 28, 2007. 2. South Coast 1-Hour Ozone Plan Control Strategy a. Requirements for Control Strategies and RACM Demonstrations EPA’s SIP call required California to submit a SIP revision that meets the requirements of CAA section 182(c)(2)(A), which requires a demonstration that the SIP, as revised, will provide for attainment of the 1-hour ozone standard by the applicable attainment date. 78 FR 889, at 890 (January 7, 2013). In this case, the applicable attainment date is prescribed by CAA section 172(a)(2)(A), which is the date by which attainment can be achieved as expeditiously as practicable, but no later than February 6, 2018 (five years from the effective date of the SIP call). However, EPA may extend the attainment date to the extent PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 EPA determines appropriate, for a period of no greater than February 6, 2023 (ten years from the effective date of the SIP call), considering the severity of nonattainment and the availability and feasibility of pollution control measures. The 2012 AQMP includes a demonstration of attainment for the 1hour ozone standard by December 31, 2022 and thus relies on an extension beyond the five-year deadline under CAA section 172(a)(2)(A). In section II.B.3 of this document, we provide our rationale for proposing approval of the extension in the attainment date to December 31, 2022. Our proposed approval of December 31, 2022 as the applicable attainment date depends in part upon California’s showing that the 2012 AQMP provides for implementation of all RACM as E:\FR\FM\23MYP1.SGM 23MYP1 29718 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology (RACT)). See CAA section 172(c)(1). In addition to RACM, to meet the requirements of CAA section 182(c)(2)(A), a 1-hour ozone attainment demonstration must include other ‘‘enforceable emission limitations, and such other control measures, means or techniques * * *, as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment * * * by the applicable attainment date * * *.’’ CAA section 172(c)(6). The CAA allows ozone nonattainment areas classified as ‘‘extreme,’’ such as the South Coast, to include ‘‘provisions * * * which anticipate development of new control techniques or improvement of existing control technologies, * * * if the State demonstrates * * * that—(A) such provisions are not necessary to achieve the incremental emission reductions required during the first 10 years after the date of the enactment of the Clean Air Act Amendments of 1990; and (B) the State has submitted enforceable commitments to develop and adopt contingency measures to be implemented * * * if the anticipated technologies do not achieve planned reductions.’’ CAA section 182(e)(5). The measures included in the plan that describe the mechanisms for developing and implementing new control techniques or improvements in existing control technologies and achieving the planned emissions reductions are referred to as ‘‘new technology’’ measures. The control strategy for the 1-hour ozone attainment demonstration in the 2012 AQMP relies on all three types of strategies to reduce basin-wide emissions to the extent necessary to demonstrate attainment of the 1-hour ozone standard (i.e., reduce emissions to 410 tpd of VOC and 150 tpd of NOX): implementation of RACM; other control measures, means or techniques; and new technology measures. In this case, the phrase, ‘‘other control measures, means, or techniques’’ refers to the commitments made by the SCAQMD and CARB to bring certain regulatory initiatives to their respective boards on a certain schedule and to meet certain aggregate emissions reductions in certain years. The overall control strategy and emissions reductions from the various components is presented in table 4. TABLE 4—SUMMARY OF SOUTH COAST’S 1-HOUR OZONE ATTAINMENT DEMONSTRATION CONTROL STRATEGY [Summer planning inventory (tpd)] Emissions scenario VOC NOX Year 2008 Base Year a .................................................................................................................................................... Emission Reductions from Baseline Measures ............................................................................................................... 593 153 754 419 Year 2022 Baseline .................................................................................................................................................. SCAQMD’s New Aggregate Emissions Reduction Commitment .................................................................................... CARB’s Existing Aggregate Emissions Reduction Commitment .................................................................................... New Technology Measures ............................................................................................................................................. Year 2022 With Fulfillment of Commitments ................................................................................................................... 440 6 7 17 410 335 11 24 150 150 sroberts on DSK5SPTVN1PROD with PROPOSALS a The modeling runs that were used to demonstrate attainment of the 1-hour ozone standard in the 2012 AQMP were based on the base year (2008) summer planning inventories (see table 1 above) with adjustments made for weekly and daily temperature variations. See 2010 AQMP, appendix VII, page VII–51. With respect to commitments, the 1hour ozone attainment demonstration in the 2012 AQMP includes certain new commitments adopted by SCAQMD and relies on existing commitments by CARB that were approved by EPA through approval of the attainment demonstration for the 1997 8-hour ozone standard in the 2007 AQMP. The ‘‘new technology’’ provision in the 2012 AQMP updates the corresponding provision in the 2007 AQMP by proving greater specificity in the description of the actions that are or will be taken to achieve emissions reductions from development or deployment of advanced control technologies or techniques. The focus of the ‘‘new technology’’ provisions is the mobile source category of emissions in light of the extent to which such sources contribute to the overall inventory of ozone precursors. b. 2012 AQMP RACM Demonstration CAA section 172(c)(1) requires that each attainment plan ‘‘provide for the implementation of all reasonably VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology), and shall provide for attainment of the national primary ambient air quality standards.’’ EPA has previously provided guidance interpreting the RACM requirement in the General Preamble at 13560 20 and in a memorandum entitled ‘‘Guidance on Reasonably Available Control Measures (RACM) Requirements and Attainment Demonstration Submissions for the Ozone NAAQS,’’ John Seitz, November 30, 1999. (Seitz memo). In summary, EPA guidance provides that to address the requirement 20 The ‘‘General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ published at 57 FR 13498 on April 16, 1992, describes EPA’s preliminary view on how we would interpret various SIP planning provisions in title I of the CAA as amended in 1990, including those planning provisions applicable to the 1-hour ozone standard. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 to adopt all RACM, states should consider all potentially reasonable control measures for source categories in the nonattainment area to determine whether they are reasonably available for implementation in that area and whether they would, if implemented individually or collectively, advance the area’s attainment date by one year or more. See Seitz memo and General Preamble at 13560; see also ‘‘State Implementation Plans; General Preamble for Proposed Rulemaking on Approval of Plan Revisions for Nonattainment Areas,’’ 44 FR 20372 (April 4, 1979) and Memorandum dated December 14, 2000, from John S. Seitz, Director, Office of Air Quality Planning and Standards, ‘‘Additional Submission on RACM from States with Severe OneHour Ozone Nonattainment Area SIPs.’’ In the following paragraphs, we discuss each element of the control strategy and provide a rationale for why we find it acceptable. First, as noted above, EPA approved the 2007 AQMP for the 1997 8-hour ozone NAAQS in 2012. As part of that E:\FR\FM\23MYP1.SGM 23MYP1 29719 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules action, EPA approved the related RACM demonstration. See 77 FR 12674, at 12694 (March 1, 2012). In so doing, we approved the individual stationarysource RACM demonstration from SCAQMD, the transportation-related RACM demonstration from SCAG, and the mobile and area source RACM demonstration from CARB. See 76 FR 57872, at 57877–57881 (September 16, 2011). To update the RACM demonstration for the 2012 AQMP, the SCAQMD followed a similar process as it had used for the 2007 AQMP. That is, the SCAQMD conducted a process to identify RACM for the South Coast that involved public meetings to solicit input, evaluation of EPA’s suggested RACM, and evaluation of other air agencies’ regulations. See 2012 AQMP, appendix VII, attachment 4. As part of this process, the SCAQMD evaluated measures implemented in other nonattainment areas based on the severity of the nonattainment situation as well as attainment dates (including the San Joaquin Valley, the San Francisco Bay Area, Ventura, DallasFort Worth, the New York Metro area, and the Houston-Galveston area) and measures identified by the Lake Michigan Air Directors Consortium (LADCO). The SCAQMD also held meetings with CARB, technical experts, local government representatives, and the public during development of the 2012 AQMP, and sponsored an air quality technology symposium in September of 2011, which generated additional potential control measures. In addition, the SCAQMD reevaluated existing SIP-approved SCAQMD rules and regulations. From the set of identified potential controls, the SCAQMD then screened the identified measures and rejected those that would not individually or collectively advance attainment in the area, had already been adopted as rules, or were in the process of being adopted. The remaining measures were evaluated taking into account baseline inventories, available control technologies, and potential emission reductions as well as whether the measure could be implemented on a schedule that would advance attainment of the 1-hour ozone standard by at least a year, assuming a 2022 attainment deadline. In addition, to capture all improvements in innovative control technologies and identify areas for improvement in its regulations, SCAQMD staff reevaluated all the SCAQMD’s source-specific rules and regulations and compared these requirements to more than 100 rules that had recently been adopted in four other California air districts (San Joaquin Valley, Sacramento, Ventura, and San Francisco Bay Area).21 Based on its RACM analysis summarized above, SCAQMD concluded that, in general, its existing rules and regulations are equivalent to, or more stringent than, other Districts’ rules. In the few areas where this was not the case, SCAQMD staff have developed one or more control measures for inclusion in the 2012 AQMP. In adopting the 2012 AQMP, the SCAQMD committed to develop, adopt, submit and implement 15 new measures, including measures at least as stringent as those identified in other California districts’ SIPs, and several innovative measures. Table 5 lists these measures along with the related adoption and implementation date, and estimated emissions reductions. For a detailed description of the measures to which the SCAQMD has committed, please see appendix VI–A of the 2012 AQMP. TABLE 5—DISTRICT CONTROL MEASURES IN 2012 AQMP 1-HOUR OZONE ATTAINMENT DEMONSTRATION Number and title Adoption Implementation period Reduction (tons per day (tpd)) by 2023 VOC CTS–01—Further VOC Reductions from Architectural Coatings (Rule 1113). CTS–02—Further Emission Reduction from Miscellaneous Coatings, Adhesives, Solvents and Lubricants. CTS–03—Further VOC Reductions from Mold Release Products. CMB–01—Further NOX Reductions from RECLAIM ..... CMB–02—NOX Reductions from Biogas Flares ............ CMB–03—Reductions from Commercial Space Heating sroberts on DSK5SPTVN1PROD with PROPOSALS FUG–01—VOC Reductions from Vacuum Trucks ......... FUG–02—Emission Reduction from LPG Transfer and Dispensing—Phase II. FUG–03—Further Reductions from Fugitive VOC Emissions. MCS–01—Application of All Feasible Measures ............ MCS–02—Further Emission Reductions from Green waste Processing (Chipping and Grinding Operations not associated with composting). MCS–03—Improved Start-up, Shutdown and Turnaround Procedures. INC–01—Economic Incentive Programs to Adopt Zero and Near-Zero Technologies. INC–02—Expedited Permitting and CEQA Preparation Facilitating the Manufacturing of Zero and Near-Zero Technologies. 2015–2016 ......................... 2018–2020 ......................... 2–4 .................... 2013–2016 ......................... 2015–2018 ......................... 1–2 .................... 2014 ................................... 2016 ................................... 0.8–2 .................... 2015 ................................... 2015 ................................... Phase I—2014 (Tech Assessment), Phase II— 2016. 2014 ................................... 2015 ................................... 2020 ................................... Beginning 2017 .................. Beginning 2018 .................. .................... .................... .................... 3–5 TBD 0.18 2016 ................................... 2017 ................................... 1 1–2 .................... .................... 2015–2016 ......................... 2017–2018 ......................... 1–2 .................... Ongoing ............................. 2015 ................................... Ongoing ............................. 2016 ................................... TBD 1 TBD .................... Phase I—2012 (Tech Assessment), Phase II— TBD. 2014 ................................... Phase I—2013 (Tech Assessment), Phase II— TBD. Within 12 months after funding availability. Beginning 2015 .................. TBD TBD .................... TBD N/A N/A 2014–2015 ......................... 21 2012 AQMP, appendix VII, attachment 4, page VII–10. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 PO 00000 NOX Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 29720 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules TABLE 5—DISTRICT CONTROL MEASURES IN 2012 AQMP 1-HOUR OZONE ATTAINMENT DEMONSTRATION—Continued Number and title Adoption Implementation period Reduction (tons per day (tpd)) by 2023 VOC EDU–01—Further Criteria Pollutant Reductions from Education, Outreach and Incentives. Ongoing ............................. Ongoing ............................. NOX N/A N/A Source: 2012 AQMP, table 4–4. Note: TBD = to be determined once the specific inventory and control approach for the measure are identified. N/A = not applicable given nature of the measure. sroberts on DSK5SPTVN1PROD with PROPOSALS More specifically, the SCAQMD has committed to develop, adopt, submit and implement the 15 new measures listed in table 5 to achieve, in aggregate, emission reductions of 5.8 tpd of VOC and 10.7 tpd of NOX by January 1, 2022 unless these measures or a portion thereof are found infeasible and substitute measures that can achieve equivalent reductions in the same implementation timeframes are adopted.22 The 2012 AQMP describes a process for public review of findings of feasibility and the related measure substitution. As to the few remaining measures that the SCAQMD rejected from its RACM analysis, the SCAQMD determined that these measures would not advance the attainment date due to the insignificant or unquantifiable emissions reductions they would potentially generate. See 2012 AQMP, appendix VII, attachment 2, page VII–10. Based on our review of the SCAQMD’s latest RACM review process and the SCAQMD’s proposed commitment to new measures (listed in table 5), we find that the 2012 AQMP demonstrates RACM for stationary sources in the South Coast. With respect to transportation sources, SCAG’s RACM analysis focused on transportation control measures (TCMs). TCMs are, in general, measures designed to reduce emissions from onroad motor vehicles through reductions in vehicle miles traveled or traffic congestion. SCAG’s analysis is described in appendix VII, pages VII–20 to VII–23 of the 2012 AQMP. The TCMs in the 2012 AQMP are derived from TCM projects in the 2012–2035 SCAG Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS).23 SCAG’s evaluation, described beginning on page VII–20 of 22 See 2012 AQMP, pages 4–41 through 4–46, and Wallerstein Letter. 23 The Sustainable Communities Strategy is new to this RTP cycle and is required by California Senate Bill 375. While the focus of the SCS is greenhouse gases, concurrent criteria pollutant reductions occur. The emissions benefits associated with the RTP/SCS are reflected in the projected baseline emissions inventories in the 2012 AQMP. 2012 AQMP, appendix VII, page VII–23. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 appendix VII of the 2012 AQMP, resulted in extensive local government commitments to implement programs to reduce auto travel and improve traffic flow. Attachment 2 to appendix VIII (‘‘Vehicle Miles Traveled Emissions Offset Demonstration’’) to the 2012 AQMP contains the list of TCMs under development and newly scheduled TCMs. See also 2012 AQMP, appendix IV–C. In so doing, SCAG evaluated a wide variety of TCMs, including those measures listed in CAA section 108(f) and relevant measures adopted in other nonattainment areas in the country, and determined that there was no combinations of reasonable measures that would advance attainment of the 1-hour ozone standard in the South Coast. See 2012 AQMP, appendix VII and appendix IV–C. Based on our review of appendix IV–C of the 2012 AQMP, we agree with the conclusion in the 2012 AQMP that the TCMs being implemented in the South Coast are inclusive of all TCM RACM for the area. As to the mobile source component of the RACM demonstration, in 2007, CARB adopted the ‘‘California Air Resources Board’s Proposed State Strategy for California’s 2007 State Implementation Plan’’ (‘‘2007 State Strategy’’) through which CARB identified and committed to propose new defined measures for on-road and off-road sources and the fuels that power them. Given the need for significant emissions reductions in California nonattainment areas, CARB has been a leader in the development and adoption of stringent mobile source control measures nationwide and has unique authority under CAA section 209 (subject to a waiver or authorization 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. We have also noted that many if not most of these particular measures are being proposed for adoption for the first time anywhere in the nation. Like the 2007 AQMP, the 2012 AQMP relies on the defined measures adopted by PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 CARB in the 2007 State Strategy approved by EPA in 2012, and we agree with the 2012 AQMP’s conclusion that CARB’s mobile source program, approved as RACM in connection with the 2007 AQMP, continues to be RACM as it expands and further reduces emissions. Therefore, for the reasons discussed above, we conclude that the 2012 AQMP provides for RACM for ozone precursor emissions from stationary, transportation, and mobile sources in the South Coast. c. 2012 AQMP Aggregate Emissions Reductions Commitments As described in the previous section of this document, through adoption of the 2012 AQMP, the SCAQMD has committed to achieve specific aggregate emissions reductions from VOC and NOX sources in the South Coast area. Specifically, the SCAQMD has committed to develop, adopt, submit and implement measures that will achieve the following additional emissions reductions by January 1, 2022: 5.8 tpd of VOC and 10.7 tpd of NOX. The SCAQMD expects to meet its emissions reductions commitments for VOC and NOX through implementation of the 15 measures in table 5, and through implementation of the Surplus Off-road Option for NOX (SOON) provision for construction/industrial equipment, but reserves the right to substitute measures as described in the previous section of this document.24 CARB has made no new aggregate emissions reduction commitment for the purposes of demonstrating attainment of the 1-hour ozone standard by December 31, 2022 in the South Coast, but the 2012 AQMP estimates that CARB’s existing, EPA-approved aggregate emissions reduction commitment under the 2007 AQMP will provide 7 tpd of VOC and 24 tpd of NOX reductions by 2022. Considered together, the SCAQMD’s new aggregate emissions reductions commitment and CARB’s 24 SCAQMD estimates that extension of the SOON provision will achieve 7.5 tpd of NOX reductions by 2022. E:\FR\FM\23MYP1.SGM 23MYP1 sroberts on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules existing aggregate emissions reductions commitment under the 2007 AQMP amount to 13 tpd of VOC and 35 tpd of NOX for the purposes of 1-hour attainment in the South Coast by December 31, 2022. EPA believes that, with respect to the 2012 AQMP 1-hour ozone attainment demonstration, circumstances warrant the consideration of enforceable commitments as part of the attainment demonstration for the South Coast. As shown in table 4 above, the majority of the VOC reductions and a substantial portion of NOX emissions reductions needed to demonstrate attainment in the South Coast come from SCAQMD regulations that were adopted prior to June 2012, and CARB regulations that were adopted prior to August 2011, i.e., baseline measures that have been or will be approved into the SIP (or issued waivers or authorizations) prior to a final approval of the attainment demonstration. As a result of these State and District efforts, most sources in the South Coast nonattainment area are currently subject to stringent rules adopted and approved by EPA (or for which EPA has issued waivers or authorization in the case of CARB regulations) prior to the development of the 2012 AQMP, leaving few opportunities (and generally more technologically and economically challenging ones) to further reduce emissions. In the 2012 AQMP, the SCAQMD identified potential control measures that could provide many of the additional emissions reductions needed for attainment. See 2012 1-hour ozone attainment demonstration, appendix VII, section 4. However, the timeline needed to develop, adopt, and implement these measures went beyond the February 2013 submittal date of the South Coast 2012 1-hour ozone attainment demonstration. These circumstances warrant the SCAQMD’s and CARB’s reliance on enforceable commitments as part of the attainment demonstration in the South Coast 2012 1-hour ozone attainment demonstration. Given the State’s demonstrated need for reliance on enforceable commitments, we now consider the three factors EPA uses to determine whether the use of enforceable commitments in lieu of adopted measures to meet a CAA planning requirements is approvable: (1) Does the commitment address a limited portion of the statutorily-required program; (2) is the state capable of fulfilling its commitment; and (3) is the commitment for a reasonable and appropriate period of time. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 For the first factor, we look to see if the commitment addresses a limited portion of a statutory requirement, such as the amount of emissions reductions needed to demonstrate attainment in a nonattainment area. For this calculation, reductions assigned to the new technology provision (CAA section 182(e)(5)) are not counted as commitments.25 As shown in table 4 above, the remaining portions of the emission reductions needed to demonstrate attainment of the 1-hour ozone standard in the South Coast nonattainment area (i.e., of the State’s total enforceable commitments), after accounting for baseline measures and emissions reduction commitments assigned to CAA section 182(e)(5) measures, amount to 13 tpd VOC and 35 tpd NOX. When compared to the total reductions needed to demonstrate attainment (not including the CAA section 182(e)(5) reductions in the attainment demonstration), the remaining portion of the enforceable commitments represents approximately 7 percent of the needed VOC reductions and approximately 6 percent of the needed NOX reductions. These percentage reductions are consistent with other SIPs for which EPA has approved enforceable commitments. See our approval of the SJV PM10 Plan at 69 FR 30005 (May 26, 2004), the SJV 1-hour ozone plan at 75 FR 10420 (March 8, 2010), the Houston-Galveston 1-hour ozone plan at 66 FR 57160 (November 14, 2001), approval of the SJV 2007 PM2.5 SIP at 76 FR 41338 (November 9, 2011), and approval of the South Coast PM2.5 SIP at 76 FR 41562 (November 9, 2011). We believe the State’s commitment meets the first factor because it addresses a limited proportion of the required emission reductions. For the second factor, we consider whether the SCAQMD and CARB are capable of fulfilling their commitments. The 2012 AQMP includes a specific list of regulatory initiatives from which emissions reductions are estimated to fulfill that agency’s aggregate emissions reduction commitment. See table VII–4– 2, and control measure OFFRD–01 (i.e., extension of the SOON provision) in 25 CAA section 182(e)(5) specifically allows EPA to approve an attainment demonstration that relies on reductions from new technologies. This provision is separate from the requirement in CAA section 172(c)(6) for enforceable emissions limitations under which enforceable commitments are considered. As a result, reductions attributed in the attainment demonstration to new technologies are not considered part of the State’s enforceable commitments for purposes of determining the percentage of reductions needed for attainment that remain as commitments. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 29721 table VII–4–4 of appendix VII of the 2012 AQMP. With respect to CARB’s existing aggregate commitment from the 2007 AQMP, table VII–4–1 of the 2012 AQMP lists the types of measures included in the 2007 AQMP that the State of California could implement to meet CARB’s existing 2020 aggregate commitment and thereby provide the planned emissions reductions for 1-hour ozone attainment purposes in 2022. Given the State’s and SCAQMD’s efforts to date to reduce emissions and the proposed stationary and mobile source strategies found in the 2012 AQMP, we believe that the State and SCAQMD are capable of fulfilling their aggregate emissions reductions commitments. For the third and last factor, we consider whether the commitment is for a reasonable and appropriate period of time. First, we note SCAQMD’s commitment is to achieve the specified aggregate emission reductions by January 1, 2022 (see Wallerstein Letter), for the purpose of providing for attainment of the 1-hour ozone standard by December 31, 2022, an attainment date that we are proposing to approve herein. Second, to meet the aggregate reduction commitment by January 1, 2022, SCAQMD is relying on emissions reductions from the SOON program. Reductions from the SOON program involve accelerating fleet turnover of off-road diesel engines through equipment replacement and engine repowers that in turn rely on available funds. The SCAQMD’s expectation of emissions reductions from the SOON program by January 1, 2022 is based on the reasonable assumption of continued funding at current levels to achieve similar annual reductions in the emissions as have been achieved over the past four years. As such, we find that SCAQMD’s aggregate emissions reduction commitment is for a reasonable and appropriate period of time. CARB’s emissions reduction commitment from the 2007 AQMP is for year 2020, and so long as the commitment is fulfilled by January 1, 2022, it will provide the necessary reductions to attain the 1-hour ozone standard in the South Coast by December 31, 2022. Thus, SCAQMD’s new commitment and CARB’s existing commitment are for a reasonable and appropriate period of time. d. CAA Section 182(e)(5) New or Improved Technology Measures For ozone nonattainment areas classified as extreme, the CAA recognizes that an attainment demonstration may need to rely to a certain extent on new or evolving technologies (referred to herein as ‘‘new E:\FR\FM\23MYP1.SGM 23MYP1 29722 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules technology’’ measures), given the relatively long time between developing the initial plan and attaining the standard and the degree of emissions reductions needed to attain. To address these needs, CAA section 182(e)(5) authorizes EPA to approve provisions in an extreme area plan which ‘‘anticipate development of new control techniques or improvement of existing control technologies,’’ and to approve an attainment demonstration based on such provisions, if the State demonstrates that: (1) Such provisions are not necessary to achieve the incremental emission reductions required during the first 10 years after November 15, 1990; and (2) the State has submitted enforceable commitments to develop and adopt contingency measures to be implemented if the anticipated technologies do not achieve the planned reductions. CAA 182(e)(5). The State must submit these contingency measures to EPA no later than three years before proposed implementation of these long-term measures, and the contingency measures must be ‘‘adequate to produce emissions reductions sufficient, in conjunction with other approved plan provisions, to achieve the periodic emissions reductions required by [CAA sections 182(b)(1) or (c)(2)] and attainment by the applicable dates.’’ Id. The General Preamble further provides that the new technology measures contemplated by section 182(e)(5) may include those that anticipate future technological developments as well as those that require complex analyses, decision making and coordination among a number of government agencies. See General Preamble at 13524. An attainment demonstration that relies on long-term new technology measures under section 182(e)(5) must identify any such measures and contain a schedule outlining the steps leading to final development and adoption of the measures. Id. SCAQMD and CARB have demonstrated a clear need for emissions reductions from new and improved control technologies to reduce air pollution in the South Coast. As shown in table 4, above, baseline measures, and enforceable commitments provide the majority, but not all, of the emissions reductions needed by 2022 to attain the emissions target for 1-hour ozone attainment in the South Coast of 410 tpd of VOC and 150 tpd of NOX. To cover the difference, which amounts to 17 tpd of VOC and 150 tpd of NOX, the 2012 AQMP includes 10 measures to reduce mobile source emissions for 1-hour ozone and 1997 8-hour ozone planning purposes and seven additional measures to accelerate the development and deployment of near-zero and zero-emission technology for goods movement related sources and off-road equipment to achieve additional emissions reductions over the longer-term for 2008 8-hour ozone planning purposes as well. These ‘‘new technology’’ measures are intended to provide the emissions reductions necessary to attain the 1-hour ozone standard and also represent the updated ‘‘new technology’’ provisions for attainment of the 1997 8-hour ozone standard in the South Coast. The ‘‘new technology’’ measures are identical for both the 1-hour ozone and 1997 8-hour ozone standards. The differences in the new technology provisions between the 1-hour ozone and 1997 8-hour ozone attainment demonstrations lie in the extent to which the attainment demonstrations rely on such measures, and the timing. The emissions reductions that are needed from new technology measures to demonstrate attainment of the 1-hour ozone standard in the South Coast are 17 tpd of VOC and 150 tpd of NOX by January 1, 2022. The corresponding emissions reductions and timing from new technology measures for 1997 8-hour ozone attainment purposes is 40 tpd of VOC and 241 tpd of NOX by January 1, 2023. Table 6 below lists the 2012 AQMP’s new technology measures along with a brief summary of each measure. See 2012 AQMP, appendix IV–B for a detailed description of the measures. In support of these measures, CARB adopted a commitment to ‘‘develop, adopt, and submit contingency measures by 2019 if advanced technology measures do not achieve planned reductions as required by section 182(e)(5)(B).’’ CARB Resolution 13–3, page 9. TABLE 6—SCAQMD AND CARB NEW TECHNOLOGY MEASURES IN 2012 AQMP Title Description ONRD–01 ............. Accelerated Penetration of Partial Zero-Emission and Zero Emission Vehicles. ONRD–02 ............. Accelerated Retirement of Older Light-Duty and Medium Duty Vehicles. ONRD–03 ............. Accelerated Penetration of Partial Zero-Emission and Zero Emission Light-Heavy- and MediumHeavy-Duty Vehicles. ONRD–04 ............. sroberts on DSK5SPTVN1PROD with PROPOSALS 2012 AQMP measure identifier Accelerated Retirement of Older On-Road Heavy-Duty Vehicles. ONRD–05 ............. Further Emission Reductions from Heavy-Duty Vehicles Serving Near-Dock Railyards. This measure continues implementation of CARB’s Clean Vehicle Rebate Project (CVRP) through 2023 with a minimum number of 1,000 vehicles per year to be incentivized through the CVRP, which provides individual vehicle incentives of up to certain amounts (e.g., $2,500 for full zero-emission vehicles) for clean vehicles. This measure calls for retirement of, at a minimum, 2,000 light and medium-duty vehicles per year to 2023, and gives first priority to pre-1992 model year vehicles identified as high emitter and that are off-cycle to California’s Smog Check Program. Incentives are up to $2,500 per vehicle which could include a replacement voucher under CARB’s Enhanced Fleet Modernization Program. This measure seeks additional emissions reductions through the early introduction of electric hybrid vehicles and continues the state hybrid truck and bus voucher incentive project (HVIP). Incentives of up to $25,000 per vehicle are part of this measure. The measure’s goal is to fund 1,000 hybrid and zero-emission vehicles each year to 2023. This measure seeks additional emissions reductions from older, pre-2010 heavy-duty vehicles beyond the emission reductions targeted in CARB’s Truck and Bus Regulation. A significant number of heavy-duty trucks have been replaced through Proposition 1B Goods Movement Emission Reduction Program funding, the Carl Moyer Program, and other local incentives programs. This measure continues these programs through 2023. This measure calls for CARB to adopt a regulation or other enforceable mechanism to further reduce emissions from near-dock railyard drayage trucks. The regulation or other enforcement mechanism would require, by 2020, all containers transported between the marine ports and the near-dock railyards to use zero-emission technologies. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules 29723 TABLE 6—SCAQMD AND CARB NEW TECHNOLOGY MEASURES IN 2012 AQMP—Continued 2012 AQMP measure identifier Title Description OFFRD–01 ........... Extension of the SOON Provision for Construction/Industrial Equipment. OFFRD–02 ........... Further Emission Reductions from Freight Locomotives. OFFRD–03 ........... Further Emission Reductions from Passenger Locomotives. OFFRD–04 ........... Further Emission Reductions from Ocean-Going Marine Vessels While at Berth. Emission Reductions from OceanGoing Marine Vessels. This measure seeks to reduce emissions from older, high-emitting off-road diesel engines. Under this measure, incentive programs, such as the Carl Moyer Program and the SOON Provision of CARB’s Off-Road rule, would continue to be used to fund equipment replacement and engine repower projects. This measure would extend the current SOON program beyond 2014 to 2023. This measure carries forward the freight locomotive new technology measures from the 2007 AQMP and calls for replacing existing locomotive engines with Tier 4 engines beginning in 2015 such that by 2023, there will be at least 95% Tier 4 locomotives operating the South Coast. Metrolink’s Board has adopted a locomotive replacement plan which includes the procurement of Tier 4 locomotive engines to replace its 30 Tier 0 locomotives over a three-year period. In addition, the replacement plans call for repowering the existing Tier 2 locomotives to Tier 4 emission levels, resulting in 100% Tier 4 locomotives by 2023. This measure focuses on ocean-going vessels not subject to CARB’s shorepower regulation and seeks to deploy shorepower technologies for an additional 25 percent of the calls not subject to CARB’s shorepower regulation. This measure calls for incentives to be used to maximize the early introduction and preferential deployment of vessels to the San Pedro Bay Ports with cleaner/new engines meeting the new Tier 2 and Tier 3 IMO NOX standards. This measure includes two sets of actions. The first set involves the establishment of an optional NOX exhaust emission standard that is at least 95 percent lower than the current 2010 on-road exhaust emissions standard. The second set is to develop zero-emission technologies for heavy-duty vehicles that can be deployed in the 2015 to 2035 timeframe. This measure describes actions needed to commercialize advanced zero-emission and near-zero emission technologies for locomotives that could be deployed in the 2020 to 2030 timeframe. This measure describes actions to demonstrate and commercialize advanced zeroemission and near-zero emission technologies for cargo handling equipment operated at marine ports, intermodal freight facilities, and warehouse distribution centers that could be deployed in the 2020 to 2030 timeframe. This measure describes actions needed to commercialize advanced engine control technologies and hybrid systems for commercial harbor craft that could be deployed in the 2020 to 2030 timeframe. This measure describes the actions needed to deploy retrofit technologies on existing Category 3 marine engines to achieve Tier 3 marine engine emissions standards. This measure describes the actions needed to commercialize advanced zero-emission and near-zero emission technologies of off-road equipment that could be deployed in the 2020 to 2030 timeframe. This measure describes the actions needed to develop, demonstrate, and commercialize advanced technologies, procedures, and sustainable alternative jet fuels that could be deployed in the 2020 to 2030 timeframe. OFFRD–05 ........... ADV–01 ................ Actions for the Deployment of Zero and Near-Zero Emission On-Road Heavy-Duty Vehicles. ADV–02 ................ Actions for the Zero-Emission Locomotives. Actions for the Zero-Emission Cargo Handling ADV–03 ................ ADV–04 ................ ADV–05 ................ ADV–06 ................ sroberts on DSK5SPTVN1PROD with PROPOSALS ADV–07 ................ Deployment of and Near-Zero Deployment of and Near-Zero Equipment. Actions for the Deployment of Cleaner Commercial Harbor Craft. Actions for Deployment of Cleaner Ocean-Going Marine Vessels. Actions for the Deployment of Cleaner Off-Road Equipment. Actions for the Deployment of Cleaner Aircraft Engines. We have evaluated the reliance on the new technology provision of section 182(e)(5) in the 2012 AQMP and have found it to be acceptable. First, the SIP call to which the 2012 AQMP responds is for an attainment demonstration plan for an area classified as ‘‘extreme’’ for the 1-hour ozone standard. As such, the attainment demonstration can rely on the new technology provision under CAA section 182(e)(5) if attainment cannot be demonstrated through implementation of RACM and enforceable commitments and if the specific criteria and requirements of section 182(e)(5) are met. As noted above, attainment by meeting the emissions targets for the 1-hour ozone standard in the South Coast (410 tpd of VOC and 150 tpd of NOX) cannot be met through RACM and enforceable commitments. Second, with respect to VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 the specific criteria and requirements, we find the 2012 AQMP’s reliance on new technologies to be acceptable because: • The 2012 AQMP relies on new technology measures for reductions from a base year of 2008 to an attainment year of 2022, a period of 14 years, and thus does not rely on new technologies to achieve incremental emission reductions required during the first 10 years of the plan; and • CARB has submitted an enforceable commitment to develop, adopt, and submit contingency measures by 2019 26 26 We interpret CARB’s contingency measure commitment to be for January 1, 2019 based on the statutory requirement for such measures to be submitted (‘‘no later than 3 years before proposed implementation of the [advanced control technologies measures]’’), CAA section 182(e)(5), and the implementation date for implementation of PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 (three years before the 1-hour ozone attainment year) to be implemented if the anticipated technologies do not achieve the planned reductions.27 In addition, we note the progress to date that has been made toward implementing the new technology measures. For example, CARB reports that, in January 2012, CARB adopted the Advanced Clean Cars Program, which combines the control of smog, soot causing pollutants and greenhouse gas emissions into a single coordinated the advanced control technologies measures in the 2012 AQMP by January 1, 2022. 27 We also note that the State has committed to meet annually with EPA and to provide annual updates on the status of the 182(e)(5) commitments. See letter from James Goldstene, Executive Officer, CARB to Jared Blumenfeld, Regional Administrator, EPA Region 9, dated August 29, 2011 and letter from Richard Corey, Executive Officer, CARB to Jared Blumenfeld, Regional Administrator, EPA Region 9, dated March 6, 2014. E:\FR\FM\23MYP1.SGM 23MYP1 29724 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules sroberts on DSK5SPTVN1PROD with PROPOSALS package of requirements for model years 2015 through 2025. In 2013, the California Legislature extended to 2023 two successful incentive programs, the Carl Moyer Program and the Air Quality Improvement Program, that otherwise would have sunset in 2014 and 2015, and provided nearly $65 million in additional funds. In December 2013, CARB adopted the new optional lowNOX standards for on-road heavy-duty engines that are one of the actions called for in the 2012 AQMP’s new technology measure ADV–01, listed above in table 6. Thus, based on the above discussion and evaluation, we find that the reliance on new technology measures as part of the attainment demonstration for the 1hour ozone standard in the 2012 AQMP satisfies the requirements of CAA section 182(e)(5). As such, we are proposing to approve the new technology measures summarized in table 6 and further described in the 2012 AQMP, appendix IV–B, for 1-hour ozone attainment demonstration purposes and as an update to the new technology provision in the 2007 AQMP for the 1997 8-hour ozone standard. 3. Applicable Attainment Date As noted previously, in our final SIP call, we indicated that the applicable attainment date for the 1-hour ozone standard in the South Coast is as expeditiously as practicable, but no later than 5 years from the effective date of the final SIP call (i.e., February 6, 2018) but that EPA is authorized to extend the applicable attainment date for a period no greater than 10 years from the effective date of the SIP call (i.e., February 6, 2023) if appropriate given the severity of nonattainment and the availability and feasibility of pollution control measures. The 2012 AQMP demonstrates attainment of the 1-hour ozone standard by December 31, 2022. To evaluate whether to approve an attainment date of December 31, 2022 for the 1-hour ozone standard in the South Coast, we reviewed the severity of nonattainment and the availability and feasibility of pollution control measures. First, despite significant progress over the years, for urban areas nationwide, the South Coast nonattainment area has both the highest 1-hour ozone design value concentration and the highest annual maximum ozone concentrations in the United States. For instance, while the 1-hour design value has decreased from over 0.30 ppm in 1990 to less than 0.15 ppm in 2011 (see figure VII–2–2 in appendix VII of the 2012 AQMP), maximum ozone concentrations still are significantly higher than other VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 metropolitan areas of the United States (see figures VII–2–3 and VII–2–4 in appendix VII) and remain over 20% higher than the standard. The 1-hour ozone problem in the South Coast is complex, the design value monitor has shifted over time, and the problem is compounded by the topographical and meteorological conditions for the area that are very conducive to the formation and concentration of ozone. 2012 AQMP, appendix VII, section 5. As discussed in the section of this document on control strategies and RACM, the South Coast nonattainment area needs significant reductions in VOC and NOX to demonstrate attainment, on the order of 31 percent for VOC and 80 percent for NOX from 2008 base year emissions. EPA believes that further reduction of these pollutants is challenging, because the State and local air pollution regulations already in place include most of the readily available VOC and NOX control measures. Moreover, attainment in the South Coast nonattainment area must also mitigate the emissions increases associated with the projected increases in population and emissions levels for this high growth area. The SCAQMD has a long history of adopting new measures and revising existing measures that provide emissions reductions of VOC and to a lesser extent, NOX. These measures provide ongoing reductions that contribute towards attainment of the 1hour ozone standard. The SCAQMD’s VOC reductions are achieved primarily from rules governing the petroleum industry, as well as consumer products rules at both the State and local level. These types of control measures present special implementation challenges (e.g., the large number of individuals subject to regulation and the difficulty of applying conventional technological control solutions). NOX reductions come largely from SCAQMD rules for fuel combustion sources, NOX RECLAIM, and from CARB’s mobile source rules. As provided above, EPA agrees that the implementation schedule for enhanced stationary source controls is expeditious, taking into account the time necessary for purchase and installation of the required control technologies. We believe that it is not feasible at this time to accelerate the emission reduction schedule for the state and federal mobile source requirements, which set aggressive compliance dates for new emission standards and which must rely on fleet turnover over the years to deliver the ultimate emission reductions. In addition, the State has adopted standards for many categories of on-road PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 and off-road vehicles and engines, and gasoline and diesel fuels, and is relying on existing, approved commitments to continue developing rules for Smog Check Improvements, Expanded Passenger Vehicle Retirement Program, Cleaner Main Ship Engines and Fuel, Cleaner Line-Haul Locomotives, and Off-Road Recreational Vehicle Equipment. EPA believes that the SCAQMD and CARB are implementing these rules and programs as expeditiously as practicable. EPA also expects that SCAQMD and CARB will continue to investigate opportunities to accelerate progress as new control opportunities arise, and that the agencies will promptly adopt and expeditiously implement any new measures found to be feasible in the future. For these reasons and also the need to conduct significant public outreach if applicable control approaches are to be effective, EPA agrees with the SCAQMD and CARB that a December 31, 2022 attainment date for the South Coast for the 1-hour ozone standard is as expeditious as practicable. 4. Air Quality Modeling for the South Coast 2012 1-Hour Ozone Attainment Demonstration In this section of the document, we discuss the applicable statutory and regulatory requirements for modeled attainment demonstrations, EPA guidance on air quality modeling for ozone standards, the air quality modeling analysis supporting the attainment demonstration in the State’s submittal, and our evaluation of these modeling analyses as part of the attainment demonstration SIP. a. CAA and Regulatory Requirements for 1-Hour Ozone Air Quality Modeling and EPA Guidance For any ozone nonattainment area classified as serious or above, section 182(c)(2)(A) of the CAA specifically requires the State to submit a modeled attainment demonstration based on a photochemical grid modeling evaluation or any other analytical method determined by the Administrator to be at least as effective as photochemical modeling. In addition, 40 CFR section 51.112 requires that attainment must be demonstrated using applicable air quality models, data bases, and other requirements specified in Appendix W to 40 CFR part 51, as interpreted in EPA guidance. See, e.g., Guideline for Regulatory Application of the Urban Airshed Model, EPA–450/4–91–013 (July 1991); ‘‘Guidance on Use of Modeled Results to Demonstrate Attainment of the Ozone NAAQS,’’ E:\FR\FM\23MYP1.SGM 23MYP1 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules EPA–454/B–95–007 (June 1996); ‘‘Guidance for the 1-hour Ozone Nonattainment Areas that Rely on Weight-of-Evidence for Attainment Demonstrations, Mid-Course Review Guidance’’ (March 28, 2002); ‘‘Guidance for Improving Weight-of-Evidence Through Identification of Additional Emission Reduction Not Modeled (Nov 1999); ‘‘Guidance on the Use of Models and Other Analyses for Air Quality Goals in Attainment Demonstrations for Ozone, PM2.5, and Regional Haze,’’ April 2007. These guidance documents describe the criteria that an air quality model and its application should meet to qualify for use in an ozone attainment demonstration. For more detail on EPA’s evaluation of the modeling in the South Coast 1-hour ozone attainment demonstration, see the ‘‘Modeling and Other Analyses Attainment Demonstration’’ memorandum in the docket for today’s proposal.28 The modeling document in the docket also includes a complete list of applicable modeling guidance documents. These documents describe the components of the attainment demonstration, explain how the modeling and other analyses should be conducted, and provide overall guidance on the technical analyses for attainment demonstrations. As with any predictive tool, inherent uncertainties are associated with photochemical grid modeling. EPA’s guidance recognizes these limitations and provides recommended approaches for considering other analytical evidence to help assess whether attainment of the NAAQS is likely. This process is called a weight of evidence (WOE) analysis. EPA’s modeling guidance (updated in 1996, 1999, and 2002) discusses various WOE analyses. This guidance recommends that all attainment demonstrations include supplemental analyses beyond the recommended modeling. These supplemental analyses provide additional information such as data analyses, and emissions and air quality trends, which would help strengthen the conclusion based on the photochemical grid modeling. sroberts on DSK5SPTVN1PROD with PROPOSALS b. 1-Hour Attainment Demonstration Modeling and Weight of Evidence i. Modeling Approaches for the SCAQMD Attainment Demonstration a. Photochemical Grid Model. The model selected for the 20121-hour 28 Memorandum to Docket EPA–R09–OAR–2014– 0185 from Carol Bohnenkamp, Air Quality Analysis Office, EPA Region 9, ‘‘Review of the Modeling for the Attainment Demonstration for the Proposed Rulemaking Action on the South Coast 2012 AQMP for the One Hour Ozone Standard’’, dated May 1, 2014. VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 ozone attainment demonstration was developed using the U.S. EPA supported Community Multiscale Air Quality (CMAQ) (version 4.7) air quality modeling platform with Statewide Air Pollution Research Center-99 (SAPRC99) chemistry, and the Weather Research and Forecasting (WRF) model (version 3.3) meteorological fields. The modeling system (including the photochemical model, meteorological inputs, and chemical mechanism) is consistent with the previous advice of outside peer reviewers. CMAQ is a stateof-the-art air quality model that can simulate ozone and PM2.5 concentrations together in a ‘‘oneatmosphere’’ approach for attainment demonstrations. b. Episode Selection. The attainment demonstration modeling focuses on 92 days of ozone air quality observed during June through August of the base year 2008. Overall, the 92 day period provides a robust description of the 2008 ozone meteorological season. During this period, seven well defined multi-day ozone episodes occurred in the Basin with 16 days having daily 1hour maximum ozone concentrations of 125 ppb or higher at the site with the maximum number of exceedances. When assessed for a normalized meteorological ozone episode potential using a regression based weighting covering 30 years of data (1998–2010), the June 18–22, 2008 period was ranked in the 99th percentile. This episode contained the top four daily ozone maximum concentrations for 2008 in the South Coast and was selected as the focus of the attainment demonstration. c. Model Performance. Model performance was evaluated in three zones in the South Coast Basin: The San Fernando Valley; the eastern San Gabriel, Riverside and San Bernardino Valleys; and Los Angeles and Orange County. Normalized Gross Bias, Normalized Gross Error, and Peak Prediction Accuracy were determined for each area. Although not a requirement for determining acceptable model performance, the performance statistics were compared to the EPA performance goals presented in guidance documents. The performance goals for Normalized Gross Error and Peak Prediction Accuracy were met in the eastern San Gabriel, Riverside and San Bernardino Valleys. The statistic for bias (Normalized Gross Bias) tends to be negative, indicating that the model tends to slightly under-predict ozone. Both June 18th and June 20th failed to meet the model acceptance criteria for the unpaired peak analysis. As a result, the attainment demonstration focused on June 19th and 21st, days with PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 29725 observed peak concentrations that closely matched the design values. Based on their analysis, SCAQMD concludes and EPA agrees that model performance is acceptable for this application. ii. Results of SCAQMD Modeling Photochemical model simulations were conducted for the base year 2008 emissions and future-year 2022 baseline and controlled emissions. The 1-hour ozone attainment demonstration was based on the deterministic approach outlined in the ‘‘Guidance on Use of Modeled Results to Demonstrate Attainment of the Ozone NAAQS,’’ EPA–454/B–95–007 (June 1996). In addition, the weight of evidence analysis uses the model in a relative sense, using the relative response factor (RRF) technique described in the ‘‘Guidance on the Use of Models and Other Analyses for Air Quality Goals in Attainment Demonstrations for Ozone, PM2.5, and Regional Haze,’’ April 2007. a. Modeled Attainment. The model predicted a maximum 1-hour ozone concentration for 2022 of 125 parts per billion (ppb) on June 19th at the Pasadena monitor.29 All other predicted concentrations during the five-day episode are projected to be below 124 ppb. The results of the attainment demonstration for 2022 indicate that, allowing for one day per year above the standard, the 1-hour ozone standard would be attained by 2022 at all monitors with the controlled emissions inventory. The attainment targets (410 tpd VOC and 150 tpd NOX) are based on both short-term and long-term (i.e., new technology) measures. With the related emissions reductions in place, it is expected that all stations in the South Coast ozone nonattainment area will meet the 1-hour ozone standard during the 2022 ozone season. b. Weight of Evidence Analysis. The weight of evidence analysis for the ozone attainment demonstration relies on the use of site-specific RRFs being applied to the 2008 weighted design values. The RRFs are determined from the future year controlled and the 2008 base year simulations. The results of the RRF analysis supports the deterministic attainment demonstration and the level of emission reductions needed for attainment. The selection criteria for the episode days and the process of applying the RRFs to the CAMX modeling are discussed in more detail in the modeling document in the docket for today’s action. 29 The national 1-hour ozone standard is 0.12 ppm. Values of 124 ppb or less are not considered exceedances of the standard. E:\FR\FM\23MYP1.SGM 23MYP1 29726 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Proposed Rules c. EPA’s Evaluation of the Modeling Demonstration Our evaluation of the air quality modeling analyses and supporting information provided in the South Coast 2012 1-hour ozone attainment demonstration indicate that the South Coast area will attain the 1-hour ozone standard by its December 31, 2022. In addition to the attainment demonstration provided in the South Coast 2012 1-hour ozone attainment demonstration, we have considered supplemental technical information, including ambient air quality monitoring data, which was not available at the time the attainment modeling was performed by SCAQMD. This information is discussed in more detail in the ‘‘Review of the Modeling for the Attainment Demonstration for the Proposed Rulemaking Action on the South Coast 2012 AQMP for the One Hour Ozone Standard’’ memorandum in the docket. The most recent ambient air quality data that we have reviewed indicate that the area is on track to attain the 1-hour ozone standard by December 31, 2022. The 1-hour ozone design value has decreased from 23.4 expected exceedance days in 2000–2002 (average each year) to 5.5 expected exceedance days in 2010–2012. The peak 1-hour concentration has decreased from 0.169 ppm in 2002 to 0.147 ppm in 2012. Based on the analysis above and in the technical memorandum in the docket, EPA proposes to find that the air quality modeling provides an adequate basis for the 1-hour ozone attainment demonstration in the 2012 AQMP. sroberts on DSK5SPTVN1PROD with PROPOSALS III. Proposed Action and Request for Public Comment For the reasons discussed above, under section 110(k) of the CAA, the EPA is proposing to approve certain ozone-related portions of the 2012 South Coast AQMP as a revision to the California SIP. The relevant portions of the 2012 AQMP that are proposed for approval include the updated control strategy for the 1997 8-hour ozone standard and the demonstration of attainment of the 1-hour ozone standard in the South Coast by December 31, 2022. In so doing, we are proposing to approve the following commitments or measures upon which the 1-hour ozone attainment demonstration relies and that support update the approved control strategy for the 1997 8-hour ozone standard: • SCAQMD’s commitments to develop, adopt, submit and implement the measures as listed in table 5, above, subject to findings of infeasibility and VerDate Mar<15>2010 17:32 May 22, 2014 Jkt 232001 measure substitution, and a commitment to meet aggregate emissions reductions targets of 5.8 tpd of VOC and 10.7 tpd of NOX by January 1, 2022; • The new technology measures listed in table 6, above to achieve emissions reductions of 17 tpd of VOC and 150 tpd of NOX; in the South Coast by January 1, 2022; and • CARB’s commitment to submit contingency measures by January 1, 2019 as necessary to ensure that the emissions reductions from new technology measures are achieved. In proposing approval, EPA finds that an attainment date of December 31, 2022 is appropriate in light of the severity of the 1-hour ozone problem in the South Coast and given the extent to which emissions sources in the South Coast have already been controlled and the difficulty of developing regulations and controlling additional emissions. EPA also finds that the South Coast 1hour ozone attainment demonstration is based on reasonable estimates and forecasts of ozone precursor emissions and appropriate photochemical modeling techniques and assumptions and an acceptable control strategy. We are taking public comments for thirty days following the publication of this proposed rule in the Federal Register. We will take all comments into consideration in our final rule. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submittal that complies with the provisions of the Actand 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 CAA. Accordingly, this proposed action merely approves a state plan as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 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, October 7, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: May 5, 2014. Jared Blumenfeld, Regional Administrator,EPA Region IX. [FR Doc. 2014–11510 Filed 5–22–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2013–0400; FRL–9911–40– Region 6] Approval and Promulgation of Implementation Plans; Texas; Control of Air Pollution From Nitrogen Compounds Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: E:\FR\FM\23MYP1.SGM 23MYP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Proposed Rules]
[Pages 29712-29726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11510]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0185; FRL-9911-03-Region 9]

Approval and Promulgation of Implementation Plans; California;
South Coast 1-Hour and 8-Hour Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the portions of a State implementation plan (SIP) revision
submitted by the State of California on February 13, 2013 that relate
to attainment of the 1-hour and 1997 8-hour ozone national ambient air
quality standards in the Los Angeles-South Coast area. Specifically,
the EPA is proposing to approve the portions of the South Coast Air
Quality Management District's Final 2012 Air Quality Management Plan
that update the approved control strategy for the 1997 8-hour ozone
standard and that provide a demonstration of attainment of the 1-hour
ozone standard by December 31, 2022. In proposing approval, EPA finds
that an attainment date of December 31, 2022 is appropriate in light of
the severity of the 1-hour ozone problem in the South Coast and, given
the extent to which emissions sources in the South Coast have already
been controlled, the limited emissions remaining that can be regulated.
EPA is proposing as part of this action to approve new commitments
adopted by the South Coast Air Quality Management District, updated new
technology measures, and a new commitment by the California Air
Resources Board to submit contingency measures in 2019 as necessary to
meet the emissions reductions targets for 2022 from implementation of
new technology measures.

DATES: Any comments must arrive by June 23, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0185, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
Email: tax.wienke@epa.gov.
Mail or deliver: Wienke Tax, Office of Air Planning (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
The www.regulations.gov Web site 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 comments 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 for this action is available
electronically on the www.regulations.gov Web site and in hard copy at
EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material or large maps), and some may not be
publicly available at either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section below.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 947-4192,
tax.wienke@epa.gov.

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

Table of Contents

I. Background
II. EPA's Review of California's Submittal
A. CAA Procedural and Administrative Requirements for SIP
Submittals
B. Attainment Demonstration Requirements
1. Emissions Inventories
a. Requirements for Emissions Inventories
b. Base Year and Future Baseline Emissions Inventories in the
2012 AQMP
2. South Coast 1-Hour Ozone Plan Control Strategy
a. Requirements for Control Strategies and RACM Demonstrations
b. 2012 AQMP RACM Demonstration
c. 2012 AQMP Aggregate Emissions Reductions Commitments
d. CAA Section 182(e)(5) New or Improved Technology Measures
3. Applicable Attainment Date
4. Air Quality Modeling for the 2012 1-Hour Ozone Attainment
Demonstration
a. CAA and Regulatory Requirements for 1-Hour Ozone Air Quality
Modeling and EPA Guidance
b. 1-Hour Attainment Demonstration Modeling and Weight of
Evidence
i. Modeling Approaches for the SCAQMD Attainment Demonstration
ii. Results of SCAQMD Modeling
c. EPA's Evaluation of the Modeling Demonstration
III. Proposed Action and Request for Public Comment
IV. Statutory and Executive Order Reviews

I. Background

Ground-level ozone is an oxidant that is formed from photochemical
reactions in the atmosphere between volatile organic compounds (VOC)
and oxides of nitrogen (NOX) in the presence of sunlight.
These two pollutants, referred to as ozone precursors, are emitted by
many types of pollution sources including on-road motor vehicles (cars,
trucks, and buses), nonroad vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.

[[Page 29713]]

Under section 109 of the Clean Air Act (CAA or Act), EPA
promulgates national ambient air quality standards (NAAQS or standards)
for pervasive air pollutants, such as ozone. The NAAQS are
concentration levels that, the attainment and maintenance of which, EPA
has determined to be requisite to protect public health and welfare. In
1979, EPA established the 1-hour ozone NAAQS of 0.12 parts per million
(ppm).\1\ Section 110 of the CAA requires States to develop and submit
state implementation plans (SIPs) to implement, maintain, and enforce
the NAAQS.
---------------------------------------------------------------------------

\1\ See 44 FR 8202 (February 8, 1979).
---------------------------------------------------------------------------

Under the Clean Air Act, as amended in 1977, EPA designated all
areas of the country as ``nonattainment,'' ``attainment,'' or
``unclassifiable'' with respect to each NAAQS, and in so doing,
designated the South Coast \2\ as a nonattainment area for
photochemical oxidant (later ozone). See 43 FR 8962 (March 3, 1978).
States with nonattainment areas are required to submit revisions to
their SIPs that include a control strategy necessary to demonstrate how
the area will attain the NAAQS, and EPA took action on a number of
related SIP revisions submitted by the California Air Resources Board
(CARB) in the late 1970s and 1980s for the South Coast 1-hour ozone
nonattainment area.\3\ However, by 1990, like many other areas
throughout the country, the South Coast had not attained the 1-hour
ozone standard, and under the CAA Amendments of 1990, the South Coast
was classified as an ``extreme'' nonattainment area for the 1-hour
ozone standard with an attainment deadline of November 15, 2010 (56 FR
56694, November 6, 1991) and was subject to additional SIP planning
requirements, including a revised attainment demonstration.
---------------------------------------------------------------------------

\2\ The South Coast includes Orange County, the southwestern
two-thirds of Los Angeles County, southwestern San Bernardino
County, and western Riverside County (see 40 CFR 81.305).
\3\ Under California law, CARB is the state agency that is
responsible for submitting SIPs and SIP revisions to EPA. CARB is
also responsible for the regulation of mobile sources in California.
Regional air quality management districts, such as the South Coast
Air Quality Management District (SCAQMD or ``District''), are
responsible for developing and adopting regional air quality plans
and for regulating stationary sources. Once adopted, the plans
developed by the regional air quality management districts are
submitted to CARB for adoption as part of the California SIP and
then submitted to EPA for approval or disapproval under section 110
of the CAA.
---------------------------------------------------------------------------

In the wake of the classification of the South Coast nonattainment
area as ``extreme'' for the 1-hour ozone standard, CARB submitted a
number of SIP revisions for the South Coast that contained attainment
demonstrations for the 1-hour ozone standard and that relied on a
combination of mobile source control measures adopted by CARB and
stationary source control measures adopted by South Coast Air Quality
Management District (SCAQMD). In connection with these submittals, EPA
took the following actions:
1994 South Coast Air Quality Management Plan (AQMP) and
related state strategy (``1994 AQMP'')--EPA approved the 1-hour ozone
attainment demonstration at 62 FR 1150 (January 8, 1997);
1997 AQMP, as revised in 1999 (``1997/1999 AQMP'')--EPA
approved the revised 1-hour ozone demonstration at 65 FR 18903 (April
10, 2000); and
2003 AQMP and related state strategy (``2003 AQMP'')--EPA
disapproved the revised 1-hour ozone attainment demonstration at 74 FR
10176 (March 10, 2009).
Each of these plans rely on a regulatory foundation of regulations
adopted and implemented by the SCAQMD, CARB, and EPA for stationary and
mobile sources, and also include commitments for new or more stringent
regulations to achieve additional emissions reductions necessary for
attainment. Each subsequent ozone plan then builds upon the foundation
of the new or strengthened regulations that were adopted to support the
previous plan. While the emissions reduction measures implemented under
these South Coast ozone plans have been successful in reducing ozone
concentrations in the South Coast,\4\ the South Coast failed to attain
the 1-hour ozone standard by the applicable attainment date of 2010.\5\
---------------------------------------------------------------------------

\4\ For example, the annual number of days at any one monitoring
station during which the 1-hour ozone standard was exceeded
decreased from 103 days to 6 days between 1990 and 2010 despite
significant increases in population, employment and vehicle travel.
The maximum 1-hour ozone concentration measured in the South Coast
decreased from 0.33 ppm to 0.14 ppm over the same period.
\5\ 76 FR 82133 (December 30, 2011).
---------------------------------------------------------------------------

Meanwhile, in 1997, EPA revised the NAAQS for ozone, setting it at
0.08 ppm averaged over an 8-hour timeframe (referred to herein as the
``1997 8-hour ozone standard'') to replace the existing 1-hour ozone
standard of 0.12 ppm.^{6 7} In 2004, EPA designated and
classified the South Coast area as a ``severe-17'' nonattainment area
for the 1997 8-hour ozone standard but later granted CARB's request to
reclassify the South Coast to ``extreme'' for the 1997 8-hour ozone
standard.\8\ The corresponding applicable attainment year for the 1997
8-hour ozone standard in the South Coast is 2023. In response to this
designation, CARB submitted the 2007 South Coast AQMP and related 2007
State Strategy (``2007 AQMP''), and EPA took the following action:
---------------------------------------------------------------------------

\6\ 62 FR 33856 (July 18, 1997).
\7\ On March 27, 2008 (73 FR 16436), EPA lowered the 8-hour
ozone standard to 0.075 ppm (the 2008 8-hour ozone standard), and on
May 21, 2012, EPA designated the South Coast as extreme
nonattainment for the 2008 8-hour ozone standard (77 FR 30088).
Today's proposed action relates to an attainment demonstration for
the 1-hour ozone standard that relies heavily on the control
strategy approved for attainment of the 1997 8-hour ozone standard.
Attainment demonstrations for the more stringent 2008 8-hour ozone
standard are not yet due.
\8\ 69 FR 23858 (April 30, 2004); 75 FR 24409 (May 5, 2010).
---------------------------------------------------------------------------

2007 AQMP and 2007 State Strategy, as amended in 2009 and
2011--EPA approved the attainment demonstration for the 1997 8-hour
ozone standard at 77 FR 12674 (March 1, 2012), amended at 77 FR 70707
(November 27, 2012).
The 8-hour ozone control strategy in the 2007 AQMP builds upon the
control strategy established under the previous 1-hour ozone plans. In
connection with EPA's 2012 approval of the South Coast attainment
demonstration for the 1997 8-hour ozone standard in the 2007 AQMP, EPA
approved a number of commitments by CARB and the SCAQMD as part of the
California SIP, including commitments to bring certain defined measures
before their respective boards by certain dates, commitments to achieve
certain aggregate emissions reductions by certain milestone years, and
a commitment to achieve emissions reductions from development and
implementation of advanced control technologies under CAA section
182(e)(5). Of particular relevance for this proposed action, EPA
approved CARB's commitment to achieve aggregate emissions reductions
(beyond those already accounted for in the baseline) of 52 tons per day
(tpd) of VOC and 144 tpd of NOX in the South Coast by 2020,
and CARB's commitment under section 182(e)(5) to achieve an additional
40 tpd of VOC and 241 tpd of NOX in the South Coast by 2023.
As noted above, the last South Coast 1-hour ozone attainment
demonstration on which EPA took action was the one included in the 2003
AQMP. The 2003 AQMP revised the 1-hour ozone attainment demonstration
approved as part of the 1997/1999 AQMP in light of new modeling results
that showed that the approved strategy from the 1997/1999 AQMP would
not provide for attainment of the 1-hour ozone standard by the 2010
attainment deadline.

[[Page 29714]]

EPA disapproved the revised 1-hour ozone attainment demonstration
in the 2003 AQMP because a number of state control measures upon which
the demonstration relied had been withdrawn from consideration. EPA's
action on the 2003 AQMP was successfully challenged. In response to the
court's decision \9\ and in recognition of the fact that the South
Coast had in fact failed to attain the 1-hour ozone standard by 2010,
EPA issued a ``SIP call'' to California at 78 FR 889 (January 7, 2013)
under CAA section 110(k)(5).\10\ In our final SIP call, we explained
that states remain obligated to adopt and implement an attainment
demonstration plan for the 1-hour ozone standard, notwithstanding the
revocation of the 1-hour ozone standard in 2005, under EPA's ``anti-
backsliding'' regulations governing the transition from the 1-hour
ozone standard to the 1997 8-hour ozone standard.\11\ See 40 CFR
51.905(a)(1)(i).
---------------------------------------------------------------------------

\9\ See Association of Irritated Residents v. EPA, 632 F.3d 584
(9th Cir. 2011), reprinted as amended on January 27, 2012, 686 F.3d
668, further amended February 13, 2012.
\10\ Section 110(k)(5) provides, in relevant part, that:
``Whenever [EPA] finds that the [SIP] for any area is substantially
inadequate to attain or maintain the relevant [NAAQS], . . . , or to
otherwise comply with any requirement of this chapter, [EPA] shall
require the State to revise the plan as necessary to correct such
inadequacies.''
\11\ Our finding of substantial inadequacy under CAA section
110(k)(5) for failure to ``adopt and implement'' a 1-hour ozone
attainment demonstration is not intended as a finding of
nonimplementation under CAA section 179(a)(4).
---------------------------------------------------------------------------

Under our SIP call, California was required to submit a SIP
revision that meets the requirements of CAA section 182(c)(2)(A) \12\
and that demonstrates attainment of the 1-hour ozone standard as
expeditiously as practicable but no later than five years from the
effective date of the final SIP call, absent justification for a later
date, not to exceed 10 years beyond the effective date of the final SIP
call. In considering whether a period longer than five years is
warranted, EPA must consider the severity of the remaining
nonattainment problem in the South Coast and the availability and
feasibility of pollution control measures. See CAA section 172(a)(2).
---------------------------------------------------------------------------

\12\ Under CAA section 182(c)(2)(A), the State must submit a
revision to the SIP that includes a demonstration that the plan, as
revised, will provide for attainment of the ozone NAAQS. The
attainment demonstration must be based on photochemical grid
modeling or any other analytical method determined by EPA to be at
least as effective. Section 182(c)(2)(A) applies within ozone
nonattainment areas classified as ``serious,'' but as a general
matter, areas classified as ``extreme'' for the ozone nonattainment
area, such as the South Coast, are subject to the requirements for
lower-classified areas, such as those for ``serious'' areas, as well
as those prescribed specifically for ``extreme'' areas.
---------------------------------------------------------------------------

The subject of today's proposed action is a SIP revision that was
submitted in part to respond to EPA's SIP call for a revised attainment
demonstration for the 1-hour ozone standard. As discussed later in this
document, the submitted 1-hour ozone attainment demonstration relies
heavily on the approved control strategy for the 1997 8-hour ozone
standard that is discussed above in connection with EPA's approval of
the 2007 AQMP.

II. EPA's Review of California's Submittal

On December 7, 2012, SCAQMD adopted the Final 2012 Air Quality
Management Plan (``2012 AQMP''), and later forwarded it to CARB for
approval and submittal to EPA. The 2012 AQMP updates the approved 1997
8-hour ozone control strategy, includes attainment demonstrations for
the 1-hour ozone standard and the 2006 PM2.5 standard, and
includes demonstrations intended to address the vehicle-miles-traveled
emissions offset requirements of CAA section 182(d)(1)(A) \13\ for the
1-hour ozone and 1997 8-hour ozone standards. With respect to the 1997
8-hour ozone standard, in adopting the 2012 AQMP, the SCAQMD indicated
that, while the 2012 AQMP updates the approved 1997 8-hour ozone
control strategy with new measures designed to reduce reliance on CAA
section 182(e)(5) long-term (i.e., advanced control technologies)
measures for VOC and NOX reductions, it is not intended as
an update to other elements of the approved 8-hour ozone control
plan.\14\
---------------------------------------------------------------------------

\13\ Under CAA section 182(d)(1)(A), states with severe or
extreme ozone nonattainment areas must submit SIP revisions that
identify and adopt specific transportation control strategies and
transportation control measures to offset any growth in emissions
from growth in vehicle miles traveled or numbers of vehicle trips in
such areas.
\14\ See SCAQMD Governing Board Resolution No. 12-19 (December
7, 2012).
---------------------------------------------------------------------------

On January 25, 2013, CARB adopted the 2012 AQMP as a revision to
the California SIP. On February 13, 2013, CARB submitted the 2012 AQMP
to EPA along with the relevant CARB and SCAQMD board resolutions and
other supporting material. In adopting the 2012 AQMP, CARB committed to
develop, adopt, and submit contingency measures by 2019 if advanced
control technology measures do not achieve planned reductions as
required by CAA section 182(e)(5).\15\ As noted above, the 2012 AQMP
contains a number of SIP elements for a number of pollutants. Today, we
are proposing action on the portions of the 2012 AQMP that update the
approved 1997 8-hour ozone control strategy from the 2007 AQMP and that
provide an attainment demonstration for the 1-hour ozone standard.
Specifically, the relevant elements of the 2012 AQMP covered by our
proposed action include:
---------------------------------------------------------------------------

\15\ See CARB Board Resolution No. 13-3 (January 25, 2013).
---------------------------------------------------------------------------

CARB's resolution of adoption (Resolution 13-3);
SCAQMD's resolution of adoption (Resolution 12-19);
The ozone-related portions of chapter 4 of the 2012 AQMP
(``Control Strategy and Implementation'');
Appendices IV-A (``District's Stationary Source Control
Measures''), IV-B (``Proposed Section 182(e)(5) Implementation
Measures''), and IV-C (``Regional Transportation Strategy and Control
Measures''); and
Appendix VII (``South Coast 2012 1-hour ozone attainment
demonstration''), which includes 4 attachments, one of which includes a
demonstration of reasonably available control measures (RACM).

In addition, EPA requested clarification of the commitments made by
SCAQMD and CARB in connection with the 1-hour ozone attainment
demonstration in the 2012 AQMP, and the two agencies responded with the
following letters clarifying their respective commitments:
Letter from Barry R. Wallerstein, D.Env, SCAQMD Executive
Officer, to Jared Blumenfeld, Regional Administrator, EPA Region IX,
May 1, 2014 (``Wallerstein Letter''); and
Letter from Richard W. Corey, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, May 2, 2014
(``Corey Letter'').
For simplicity, in referring to the elements on which we are
acting, we are using the term ``2012 AQMP'' even though we recognize
that the 2012 AQMP includes other elements in addition to those covered
in this proposed action.
The 1-hour ozone attainment demonstration includes base year and
future year emissions inventory estimates, a control strategy and RACM
demonstrations, and an attainment demonstration based on photochemical
modeling. The control strategy for the revised 1-hour ozone
demonstration relies on the same SCAQMD measures referred to by SCAQMD
as new measures that update the approved 1997 8-hour ozone control
strategy.

A. CAA Procedural and Administrative Requirements for SIP Submittals

CAA sections 110(a)(1) and (2) and 110(l) require a state to
provide reasonable public notice and opportunity for public hearing
prior to

[[Page 29715]]

the adoption and submittal of a SIP or SIP revision. To meet this
requirement, every SIP submittal should include evidence that adequate
public notice was given and a public hearing was held consistent with
EPA's implementing regulations in 40 CFR 51.102.
The SCAQMD provided a public comment period and held a public
hearing prior to its December 7, 2012 adoption of the 2012 AQMP. CARB
provided the required public notice and opportunity for public comment
prior to its January 25, 2013 public hearing on the 2012 AQMP. CARB's
February 13, 2013 SIP submittal package includes notices of the SCAQMD
and CARB public hearings, as evidence that all hearings were properly
noticed. We therefore find that CARB's February 13, 2013 SIP revision
submittal meets the procedural requirements of CAA sections 110(a) and
110(l).

B. Attainment Demonstration Requirements

CAA section 182(c)(2)(A) requires states with ozone nonattainment
areas classified as serious, severe or extreme to submit plans that
demonstrate attainment of the 1-hour ozone standard as expeditiously as
practicable but no later than the outside date established in the CAA.
The attainment demonstration should include technical analyses that
locate and identify sources of emissions that are contributing to
violations of the 1-hour ozone standard within the nonattainment area
and adopted measures with schedules for implementation and other means
and techniques necessary and appropriate for attainment. In order to
determine whether the area has demonstrated attainment ``as
expeditiously as practicable,'' the area must provide a demonstration
that all RACM are implemented. CAA 172(c)(1). In addition, the ``. . .
attainment demonstration must be based on photochemical grid modeling
or any other analytical method determined by the Administrator . . . to
be at least as effective.'' CAA section 182(c)(2)(A).
1. Emissions Inventories
a. Requirements for Emissions Inventories
Attainment demonstrations rely upon emissions inventories that
reflect different scenarios, including existing conditions (``base
year'') and future ``baseline'' conditions. The base year emission
inventory must be a comprehensive, accurate, current inventory of
actual emissions from all sources of the relevant pollutant. Future
baseline emissions inventories must reflect the most recent population,
employment, travel and congestion estimates for the area. In this
context, ``baseline'' emissions represent an estimate of the emissions
that would occur in an area if no additional controls other than those
already adopted are implemented.
b. Base Year and Future Baseline Emissions Inventories in the 2012 AQMP
The 2012 AQMP includes a 2008 base year and a 2022 baseline
emissions inventory for the South Coast 1-hour nonattainment area.
Documentation for these inventories is found in appendix III (``Base
and Future Year Emission Inventory''), and section 3 of appendix VII,
of the 2012 AQMP. The 2008 base year ozone precursor inventory provides
the basis for the control measure analysis and the attainment
demonstration in the South Coast 2012 1-hour ozone attainment
demonstration.
VOC and NOX emissions are grouped into two general
categories, stationary sources and mobile sources. Stationary sources
can be further divided into ``point'' and ``area'' sources. Point
sources typically refer to permitted facilities and have one or more
identified and fixed pieces of equipment and emissions points.
Permitted facilities are required to report their emissions to the
SCAQMD Annual Emissions Reporting Program. Area sources consist of
widespread and numerous smaller emission sources, such as small
permitted facilities, households, and road dust. The mobile sources
category can be divided into two major subcategories, ``on-road'' and
``off-road'' mobile sources. On-road mobile sources include light-duty
automobiles, light-, medium-, and heavy-duty trucks, and motorcycles.
Off-road mobile sources include aircraft, locomotives, construction
equipment, mobile equipment, and recreational vehicles.
The emissions inventories in the 2012 AQMP were developed using
data provided by CARB, the California Department of Transportation, and
SCAG. These agencies collect data (industry growth factors, socio-
economic projections, travel activity levels, emission factors,
emission speciation profiles, and emissions) and developing
methodologies (for example, model and demographic forecast
improvements) used to generate comprehensive emissions inventories.
CARB maintains statewide inventories in its California Emissions
Inventory Development and Reporting System (CEIDARS) and California
Emission Forecasting and Planning Inventory (CEFIS).\16\
---------------------------------------------------------------------------

\16\ See 2012 AQMP, Appendix III.
---------------------------------------------------------------------------

Area source inventories are developed by CARB and the District for
approximately 400 area source categories. For the 2008 base year
inventory, a number of area source category emissions inventories used
existing methodologies with updated activity data such as fuel or sales
data. Both CARB and the District are continuously updating and
improving emissions inventory methodologies; for this plan, five new
categories were added to the inventory, other methodologies were
refined, and some area source categories were expanded.\17\
---------------------------------------------------------------------------

\17\ See 2012 AQMP, Appendix III, pages III-1-5, III-1-11, and
III-1-14-15.
---------------------------------------------------------------------------

CARB prepares on-road and most of the off-road inventories from its
Emission FACtor (EMFAC) 2011 model and 2011 In-Use Fleet Off-Road
models.\18\ Caltrans provides information on highway projects. SCAG
uses these data to estimate and project vehicle miles travelled (VMT)
and speeds. SCAG also provides socioeconomic projections and
projections of transportation activity data for use in on-road
inventory development.
---------------------------------------------------------------------------

\18\ EMFAC 2011 was approved by EPA for use in SIPs on March 6,
2013 (see 78 FR 14533).
---------------------------------------------------------------------------

Table 1 depicts a summary of the 2008 VOC and NOX
emissions inventory for the South Coast 1-hour ozone nonattainment area
as presented in the 2012 AQMP. Emissions estimates in table 1 are
broken down by the major source categories described above. Based on
the inventory for 2008, stationary and area sources currently account
for 40 percent of VOC emissions, and 10 percent of the NOX
emissions, in the South Coast while mobile sources account for 60
percent of the VOC emissions and 90 percent of the NOX
emissions.

[[Page 29716]]

Table 1--Summary of South Coast Air Basin 2008 VOC and NOX Emissions
Inventory
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Fuel Combustion............................... 14 41
Waste Disposal................................ 12 2
Cleaning and Surface Coatings................. 43 0
Petroleum Production and Marketing............ 41 0
Industrial Processes.......................... 19 0
Solvent Processes............................. 126 0
Miscellaneous Processes....................... 9 44
-------------------------
Subtotal--Stationary and Area Sources..... 264 87
On-road Vehicles.............................. 213 426
Off-road Vehicles............................. 162 208
-------------------------
Subtotal--Mobile Sources.................. 375 634
-------------------------
Total--South Coast.................... 639 721
------------------------------------------------------------------------
Source: 2012 AQMP, appendix VII, table VII-3-1.

Table 2 presents a summary of future baseline emissions in the
South Coast in 2022. In this instance, future baseline emissions
reflect SCAQMD regulations adopted as of June 2012 and CARB rules
adopted by August 2011 \19\ as well as the latest forecasts of growth
in population, employment, and vehicle travel. Generally, EPA will
approve a State plan that takes emissions reduction credit for a
control measure only where EPA has approved the measure as part of the
SIP, or in the case of certain on-road and nonroad (or ``off-road'')
measures, where EPA has issued the related waiver of preemption or
authorization under CAA section 209(b) or section 209(e). Thus, to take
credit for the emissions reductions from newly-adopted or amended
SCAQMD rules for stationary sources, the related rules must be approved
by EPA into the SIP.
---------------------------------------------------------------------------

\19\ See 2012 AQMP, Appendix III, page III-1-1.
---------------------------------------------------------------------------

Table 3 lists the SCAQMD regulations for which specific emissions
reduction credit was taken in the future baseline emissions estimates
for the 2012 AQMP. See 2012 AQMP, appendix III, table III-2-2B. As
shown in table 3, EPA has approved all of these regulations into the
SIP. Most of these regulations have been amended a number of times by
SCAQMD, and, with three exceptions, EPA has approved the most recently
amended versions of the regulations into the SIP. As to the three
exceptions (Rules 1146, 1146.1, and 1147), EPA anticipates taking final
action on the most recently amended versions of the regulations prior
to taking final action on the revised 1-hour ozone attainment
demonstration.
With respect to mobile sources, we have placed a table in the
docket that shows, among other things, the CARB regulations adopted
through August 2011. In general, CARB regulations adopted through
August 2011 and included in the future baseline are approved into the
SIP, waived or authorized and thus emissions reduction credit for them
in the future baseline is warranted. For example, EPA approved CARB's
Truck and Bus Rule at 77 FR 20308 (April 4, 2012); EPA authorized
CARB's Cleaner In-Use Off-Road Equipment Regulation at 78 FR 58090
(September 20, 2013); EPA authorized CARB's At-Berth Regulation, which
reduces emissions from diesel auxiliary engines on contained ships,
passenger ships and refrigerated cargo ships while berthing at a
California port, at 76 FR 77515 (December 13, 2011); and EPA waived
preemption for CARB's Truck Idling Regulation at 77 FR 9239 (February
16, 2012). EPA is anticipating final action on CARB's amended Consumer
Products Regulation prior to taking final action on the revised 1-hour
ozone attainment demonstration.

Table 2--Summary of South Coast Air Basin 2022 VOC and NOX Emissions
Inventory
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Source category VOC NOX
------------------------------------------------------------------------
Fuel Combustion............................... 14 28
Waste Disposal................................ 14 2
Cleaning and Surface Coatings................. 55 0
Petroleum Production and Marketing............ 36 0
Industrial Processes.......................... 17 0
Solvent Processes............................. 112 0
Miscellaneous Processes....................... 9 40
-------------------------
Subtotal--Stationary and Area Sources..... 258 70
On-road Vehicles.............................. 73 131
Off-road Vehicles............................. 109 137
-------------------------
Subtotal--Mobile Sources.................. 182 267
-------------------------
Total--South Coast.................... 440 337
------------------------------------------------------------------------
Source: Interpolated for year 2022 from 2012 AQMP, Appendix III, tables
B-4 and B-5.

[[Page 29717]]

Emissions in table 2 are also broken down by the major source
categories described above. A comparison between future baseline
emissions in table 2 with the corresponding base year (2008) emissions
in table 1 shows that, assuming current controls, there will be only
modest changes in emissions from stationary and area sources but
substantial decreases in emissions from mobile sources. However, even
with the substantial decrease in mobile sources emissions relative to
2008, mobile sources will still account for 40 percent of the VOC, and
80 percent of the NOX, basin-wide inventory in 2022.

Table 3--District Measures Included in the Future Year Baseline Emissions
----------------------------------------------------------------------------------------------------------------
Date of SCAQMD adoption or most EPA Approval (unless
Rule Description recent amendment otherwise noted)
----------------------------------------------------------------------------------------------------------------
Rule 1110.2................. Emissions from Gaseous- February 1, 2008................. 74 FR 18995, April 27,
and Liquid-Fueled 2009.
Internal Combustion
Engines.
Rule 1111................... Reduction of NOX November 6, 2009................. 75 FR 46845, August 4,
Emissions from Natural- 2010.
Gas-Fired, Fan-Type
Central Furnaces.
Rule 1113................... Architectural Coatings. June 3, 2011..................... 78 FR 18244, March 26,
2013.
Rule 1118................... Control of Emissions November 4, 2005................. 72 FR 49196, August
from Refinery Flares. 28, 2007.
Rule 1121................... Control of Nitrogen September 3, 2004................ 74 FR 20880, May 6,
Oxides from 2009.
Residential-Type
Natural-Gas-fired
Water Waters.
Rule 1133.2................. Emissions Reductions January 10, 2003................. 69 FR 43518, July 21,
from Co-Composting 2004.
Operations.
Rule 1133.3................. Emission Reductions July 8, 2011..................... 77 FR 71129, November
from Greenwaste 29, 2012.
Composting Operations.
Rule 1143................... Consumer Paint Thinners December 3, 2010................. 76 FR 70888, November
and Multipurpose 16, 2011.
Solvents.
Rule 1144................... Metalworking Fluids and July 9, 2010..................... 76 FR 70888, November
Direct Contact 16, 2011.
Lubricants.
Rule 1146................... Emissions of Oxides of September 5, 2008................ Proposed limited
Nitrogen from approval/limited
Industrial, disapproval at 76 FR
Institutional, and 40303 (July 8, 2011).
Commercial Boilers,
Steam Generators and
Process Heaters.
Rule 1146.1................. Emissions of Oxides of September 5, 2008................ Proposed limited
Nitrogen from Small approval/limited
Industrial, disapproval at 76 FR
Institutional, and 40303 (July 8, 2011).
Commercial Boilers,
Steam Generators and
Process Heaters.
Rule 1146.2................. Emissions of Oxides of May 5, 2006...................... 73 FR 74027, December
Nitrogen from Large 5, 2008.
Water Heaters and
Small Boilers and
Process Heaters.
Rule 1147................... NOX Reductions from September 9, 2011................ December 5, 2008
Miscellaneous Sources. version of rule
approved at 75 FR
46845, August 4,
2010.
Rule 1149................... Storage Tank and May 2, 2008...................... 74 FR 67821, December
Pipeline Cleaning and 21, 2009.
Degassing.
Rule 1151................... Motor Vehicle and December 2, 2005................. 78 FR 58959, September
Mobile Equipment Non- 24, 2013.
Assembly Line Coating
Operations.
Rule 1177................... Liquefied Petroleum Gas June 1, 2012..................... 79 FR 364, January 3,
Transfer and 2014.
Dispensing.
Rule 1178................... Further Reductions of April 7, 2006.................... 72 FR 49196, August
VOC Emissions from 28, 2007.
Storage Tanks at
Petroleum Facilities.
----------------------------------------------------------------------------------------------------------------

We have reviewed the emissions inventories developed for the 2012
South Coast 1-hour ozone attainment demonstration, and the inventory
methodologies used by the SCAQMD for consistency with CAA requirements
and EPA's guidance. We find that the 2008 base year inventory is a
comprehensive, accurate, and current inventory of ozone precursor
emissions in the South Coast 1-hour ozone nonattainment area, and that
2008 is an appropriate base year for the revised 1-hour ozone
attainment demonstration, and that the future baseline emissions
projections for 2022 reflect appropriate emissions calculation methods
and the latest planning assumptions. Therefore, we find the base year
and future baseline emissions inventories to be acceptable for the
purposes of developing a 1-hour ozone attainment demonstration.
2. South Coast 1-Hour Ozone Plan Control Strategy
a. Requirements for Control Strategies and RACM Demonstrations
EPA's SIP call required California to submit a SIP revision that
meets the requirements of CAA section 182(c)(2)(A), which requires a
demonstration that the SIP, as revised, will provide for attainment of
the 1-hour ozone standard by the applicable attainment date. 78 FR 889,
at 890 (January 7, 2013). In this case, the applicable attainment date
is prescribed by CAA section 172(a)(2)(A), which is the date by which
attainment can be achieved as expeditiously as practicable, but no
later than February 6, 2018 (five years from the effective date of the
SIP call). However, EPA may extend the attainment date to the extent
EPA determines appropriate, for a period of no greater than February 6,
2023 (ten years from the effective date of the SIP call), considering
the severity of nonattainment and the availability and feasibility of
pollution control measures.
The 2012 AQMP includes a demonstration of attainment for the 1-hour
ozone standard by December 31, 2022 and thus relies on an extension
beyond the five-year deadline under CAA section 172(a)(2)(A). In
section II.B.3 of this document, we provide our rationale for proposing
approval of the extension in the attainment date to December 31, 2022.
Our proposed approval of December 31, 2022 as the applicable attainment
date depends in part upon California's showing that the 2012 AQMP
provides for implementation of all RACM as

[[Page 29718]]

expeditiously as practicable (including such reductions in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology
(RACT)). See CAA section 172(c)(1).
In addition to RACM, to meet the requirements of CAA section
182(c)(2)(A), a 1-hour ozone attainment demonstration must include
other ``enforceable emission limitations, and such other control
measures, means or techniques * * *, as well as schedules and
timetables for compliance, as may be necessary or appropriate to
provide for attainment * * * by the applicable attainment date * * *.''
CAA section 172(c)(6). The CAA allows ozone nonattainment areas
classified as ``extreme,'' such as the South Coast, to include
``provisions * * * which anticipate development of new control
techniques or improvement of existing control technologies, * * * if
the State demonstrates * * * that--(A) such provisions are not
necessary to achieve the incremental emission reductions required
during the first 10 years after the date of the enactment of the Clean
Air Act Amendments of 1990; and (B) the State has submitted enforceable
commitments to develop and adopt contingency measures to be implemented
* * * if the anticipated technologies do not achieve planned
reductions.'' CAA section 182(e)(5). The measures included in the plan
that describe the mechanisms for developing and implementing new
control techniques or improvements in existing control technologies and
achieving the planned emissions reductions are referred to as ``new
technology'' measures.
The control strategy for the 1-hour ozone attainment demonstration
in the 2012 AQMP relies on all three types of strategies to reduce
basin-wide emissions to the extent necessary to demonstrate attainment
of the 1-hour ozone standard (i.e., reduce emissions to 410 tpd of VOC
and 150 tpd of NOX): implementation of RACM; other control
measures, means or techniques; and new technology measures. In this
case, the phrase, ``other control measures, means, or techniques''
refers to the commitments made by the SCAQMD and CARB to bring certain
regulatory initiatives to their respective boards on a certain schedule
and to meet certain aggregate emissions reductions in certain years.
The overall control strategy and emissions reductions from the various
components is presented in table 4.

Table 4--Summary of South Coast's 1-Hour Ozone Attainment Demonstration
Control Strategy
[Summer planning inventory (tpd)]
------------------------------------------------------------------------
Emissions scenario VOC NOX
------------------------------------------------------------------------
Year 2008 Base Year \a\....................... 593 754
Emission Reductions from Baseline Measures.... 153 419
-------------------------
Year 2022 Baseline........................ 440 335
SCAQMD's New Aggregate Emissions Reduction 6 11
Commitment...................................
CARB's Existing Aggregate Emissions Reduction 7 24
Commitment...................................
New Technology Measures....................... 17 150
Year 2022 With Fulfillment of Commitments..... 410 150
------------------------------------------------------------------------
\a\ The modeling runs that were used to demonstrate attainment of the 1-
hour ozone standard in the 2012 AQMP were based on the base year
(2008) summer planning inventories (see table 1 above) with
adjustments made for weekly and daily temperature variations. See 2010
AQMP, appendix VII, page VII-51.

With respect to commitments, the 1-hour ozone attainment
demonstration in the 2012 AQMP includes certain new commitments adopted
by SCAQMD and relies on existing commitments by CARB that were approved
by EPA through approval of the attainment demonstration for the 1997 8-
hour ozone standard in the 2007 AQMP. The ``new technology'' provision
in the 2012 AQMP updates the corresponding provision in the 2007 AQMP
by proving greater specificity in the description of the actions that
are or will be taken to achieve emissions reductions from development
or deployment of advanced control technologies or techniques. The focus
of the ``new technology'' provisions is the mobile source category of
emissions in light of the extent to which such sources contribute to
the overall inventory of ozone precursors.
b. 2012 AQMP RACM Demonstration
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all reasonably available control measures as
expeditiously as practicable (including such reductions in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of reasonably available control technology),
and shall provide for attainment of the national primary ambient air
quality standards.''
EPA has previously provided guidance interpreting the RACM
requirement in the General Preamble at 13560 \20\ and in a memorandum
entitled ``Guidance on Reasonably Available Control Measures (RACM)
Requirements and Attainment Demonstration Submissions for the Ozone
NAAQS,'' John Seitz, November 30, 1999. (Seitz memo). In summary, EPA
guidance provides that to address the requirement to adopt all RACM,
states should consider all potentially reasonable control measures for
source categories in the nonattainment area to determine whether they
are reasonably available for implementation in that area and whether
they would, if implemented individually or collectively, advance the
area's attainment date by one year or more. See Seitz memo and General
Preamble at 13560; see also ``State Implementation Plans; General
Preamble for Proposed Rulemaking on Approval of Plan Revisions for
Nonattainment Areas,'' 44 FR 20372 (April 4, 1979) and Memorandum dated
December 14, 2000, from John S. Seitz, Director, Office of Air Quality
Planning and Standards, ``Additional Submission on RACM from States
with Severe One-Hour Ozone Nonattainment Area SIPs.'' In the following
paragraphs, we discuss each element of the control strategy and provide
a rationale for why we find it acceptable.
---------------------------------------------------------------------------

\20\ The ``General Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,'' published at 57 FR 13498 on
April 16, 1992, describes EPA's preliminary view on how we would
interpret various SIP planning provisions in title I of the CAA as
amended in 1990, including those planning provisions applicable to
the 1-hour ozone standard.
---------------------------------------------------------------------------

First, as noted above, EPA approved the 2007 AQMP for the 1997 8-
hour ozone NAAQS in 2012. As part of that

[[Page 29719]]

action, EPA approved the related RACM demonstration. See 77 FR 12674,
at 12694 (March 1, 2012). In so doing, we approved the individual
stationary-source RACM demonstration from SCAQMD, the transportation-
related RACM demonstration from SCAG, and the mobile and area source
RACM demonstration from CARB. See 76 FR 57872, at 57877-57881
(September 16, 2011).
To update the RACM demonstration for the 2012 AQMP, the SCAQMD
followed a similar process as it had used for the 2007 AQMP. That is,
the SCAQMD conducted a process to identify RACM for the South Coast
that involved public meetings to solicit input, evaluation of EPA's
suggested RACM, and evaluation of other air agencies' regulations. See
2012 AQMP, appendix VII, attachment 4. As part of this process, the
SCAQMD evaluated measures implemented in other nonattainment areas
based on the severity of the nonattainment situation as well as
attainment dates (including the San Joaquin Valley, the San Francisco
Bay Area, Ventura, Dallas-Fort Worth, the New York Metro area, and the
Houston-Galveston area) and measures identified by the Lake Michigan
Air Directors Consortium (LADCO). The SCAQMD also held meetings with
CARB, technical experts, local government representatives, and the
public during development of the 2012 AQMP, and sponsored an air
quality technology symposium in September of 2011, which generated
additional potential control measures. In addition, the SCAQMD
reevaluated existing SIP-approved SCAQMD rules and regulations.
From the set of identified potential controls, the SCAQMD then
screened the identified measures and rejected those that would not
individually or collectively advance attainment in the area, had
already been adopted as rules, or were in the process of being adopted.
The remaining measures were evaluated taking into account baseline
inventories, available control technologies, and potential emission
reductions as well as whether the measure could be implemented on a
schedule that would advance attainment of the 1-hour ozone standard by
at least a year, assuming a 2022 attainment deadline. In addition, to
capture all improvements in innovative control technologies and
identify areas for improvement in its regulations, SCAQMD staff
reevaluated all the SCAQMD's source-specific rules and regulations and
compared these requirements to more than 100 rules that had recently
been adopted in four other California air districts (San Joaquin
Valley, Sacramento, Ventura, and San Francisco Bay Area).\21\
---------------------------------------------------------------------------

\21\ 2012 AQMP, appendix VII, attachment 4, page VII-10.
---------------------------------------------------------------------------

Based on its RACM analysis summarized above, SCAQMD concluded that,
in general, its existing rules and regulations are equivalent to, or
more stringent than, other Districts' rules. In the few areas where
this was not the case, SCAQMD staff have developed one or more control
measures for inclusion in the 2012 AQMP. In adopting the 2012 AQMP, the
SCAQMD committed to develop, adopt, submit and implement 15 new
measures, including measures at least as stringent as those identified
in other California districts' SIPs, and several innovative measures.
Table 5 lists these measures along with the related adoption and
implementation date, and estimated emissions reductions. For a detailed
description of the measures to which the SCAQMD has committed, please
see appendix VI-A of the 2012 AQMP.

Table 5--District Control Measures in 2012 AQMP 1-Hour Ozone Attainment Demonstration
----------------------------------------------------------------------------------------------------------------
Reduction (tons per day
(tpd)) by 2023
Number and title Adoption Implementation period -------------------------
VOC NOX
----------------------------------------------------------------------------------------------------------------
CTS-01--Further VOC Reductions from 2015-2016.............. 2018-2020.............. 2-4 ...........
Architectural Coatings (Rule 1113).
CTS-02--Further Emission Reduction 2013-2016.............. 2015-2018.............. 1-2 ...........
from Miscellaneous Coatings,
Adhesives, Solvents and Lubricants.
CTS-03--Further VOC Reductions from 2014................... 2016................... 0.8-2 ...........
Mold Release Products.
CMB-01--Further NOX Reductions from 2015................... 2020................... ........... 3-5
RECLAIM.
CMB-02--NOX Reductions from Biogas 2015................... Beginning 2017......... ........... TBD
Flares.
CMB-03--Reductions from Commercial Phase I--2014 (Tech Beginning 2018......... ........... 0.18
Space Heating. Assessment), Phase II--
2016.
FUG-01--VOC Reductions from Vacuum 2014................... 2016................... 1 ...........
Trucks.
FUG-02--Emission Reduction from LPG 2015................... 2017................... 1-2 ...........
Transfer and Dispensing--Phase II.
FUG-03--Further Reductions from 2015-2016.............. 2017-2018.............. 1-2 ...........
Fugitive VOC Emissions.
MCS-01--Application of All Feasible Ongoing................ Ongoing................ TBD TBD
Measures.
MCS-02--Further Emission Reductions 2015................... 2016................... 1 ...........
from Green waste Processing
(Chipping and Grinding Operations
not associated with composting).
MCS-03--Improved Start-up, Shutdown Phase I--2012 (Tech Phase I--2013 (Tech TBD TBD
and Turnaround Procedures. Assessment), Phase II-- Assessment), Phase II--
TBD. TBD.
INC-01--Economic Incentive Programs 2014................... Within 12 months after ........... TBD
to Adopt Zero and Near-Zero funding availability.
Technologies.
INC-02--Expedited Permitting and 2014-2015.............. Beginning 2015......... N/A N/A
CEQA Preparation Facilitating the
Manufacturing of Zero and Near-Zero
Technologies.

[[Page 29720]]

EDU-01--Further Criteria Pollutant Ongoing................ Ongoing................ N/A N/A
Reductions from Education, Outreach
and Incentives.
----------------------------------------------------------------------------------------------------------------
Source: 2012 AQMP, table 4-4. Note: TBD = to be determined once the specific inventory and control approach for
the measure are identified. N/A = not applicable given nature of the measure.

More specifically, the SCAQMD has committed to develop, adopt,
submit and implement the 15 new measures listed in table 5 to achieve,
in aggregate, emission reductions of 5.8 tpd of VOC and 10.7 tpd of
NOX by January 1, 2022 unless these measures or a portion
thereof are found infeasible and substitute measures that can achieve
equivalent reductions in the same implementation timeframes are
adopted.\22\ The 2012 AQMP describes a process for public review of
findings of feasibility and the related measure substitution.
---------------------------------------------------------------------------

\22\ See 2012 AQMP, pages 4-41 through 4-46, and Wallerstein
Letter.
---------------------------------------------------------------------------

As to the few remaining measures that the SCAQMD rejected from its
RACM analysis, the SCAQMD determined that these measures would not
advance the attainment date due to the insignificant or unquantifiable
emissions reductions they would potentially generate. See 2012 AQMP,
appendix VII, attachment 2, page VII-10. Based on our review of the
SCAQMD's latest RACM review process and the SCAQMD's proposed
commitment to new measures (listed in table 5), we find that the 2012
AQMP demonstrates RACM for stationary sources in the South Coast.
With respect to transportation sources, SCAG's RACM analysis
focused on transportation control measures (TCMs). TCMs are, in
general, measures designed to reduce emissions from on-road motor
vehicles through reductions in vehicle miles traveled or traffic
congestion. SCAG's analysis is described in appendix VII, pages VII-20
to VII-23 of the 2012 AQMP. The TCMs in the 2012 AQMP are derived from
TCM projects in the 2012-2035 SCAG Regional Transportation Plan/
Sustainable Communities Strategy (RTP/SCS).\23\ SCAG's evaluation,
described beginning on page VII-20 of appendix VII of the 2012 AQMP,
resulted in extensive local government commitments to implement
programs to reduce auto travel and improve traffic flow. Attachment 2
to appendix VIII (``Vehicle Miles Traveled Emissions Offset
Demonstration'') to the 2012 AQMP contains the list of TCMs under
development and newly scheduled TCMs. See also 2012 AQMP, appendix IV-
C.
---------------------------------------------------------------------------

\23\ The Sustainable Communities Strategy is new to this RTP
cycle and is required by California Senate Bill 375. While the focus
of the SCS is greenhouse gases, concurrent criteria pollutant
reductions occur. The emissions benefits associated with the RTP/SCS
are reflected in the projected baseline emissions inventories in the
2012 AQMP. 2012 AQMP, appendix VII, page VII-23.
---------------------------------------------------------------------------

In so doing, SCAG evaluated a wide variety of TCMs, including those
measures listed in CAA section 108(f) and relevant measures adopted in
other nonattainment areas in the country, and determined that there was
no combinations of reasonable measures that would advance attainment of
the 1-hour ozone standard in the South Coast. See 2012 AQMP, appendix
VII and appendix IV-C. Based on our review of appendix IV-C of the 2012
AQMP, we agree with the conclusion in the 2012 AQMP that the TCMs being
implemented in the South Coast are inclusive of all TCM RACM for the
area.
As to the mobile source component of the RACM demonstration, in
2007, CARB adopted the ``California Air Resources Board's Proposed
State Strategy for California's 2007 State Implementation Plan''
(``2007 State Strategy'') through which CARB identified and committed
to propose new defined measures for on-road and off-road sources and
the fuels that power them.
Given the need for significant emissions reductions in California
nonattainment areas, CARB has been a leader in the development and
adoption of stringent mobile source control measures nationwide and has
unique authority under CAA section 209 (subject to a waiver or
authorization 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. We have also noted that many if not most of
these particular measures are being proposed for adoption for the first
time anywhere in the nation. Like the 2007 AQMP, the 2012 AQMP relies
on the defined measures adopted by CARB in the 2007 State Strategy
approved by EPA in 2012, and we agree with the 2012 AQMP's conclusion
that CARB's mobile source program, approved as RACM in connection with
the 2007 AQMP, continues to be RACM as it expands and further reduces
emissions.
Therefore, for the reasons discussed above, we conclude that the
2012 AQMP provides for RACM for ozone precursor emissions from
stationary, transportation, and mobile sources in the South Coast.
c. 2012 AQMP Aggregate Emissions Reductions Commitments
As described in the previous section of this document, through
adoption of the 2012 AQMP, the SCAQMD has committed to achieve specific
aggregate emissions reductions from VOC and NOX sources in
the South Coast area. Specifically, the SCAQMD has committed to
develop, adopt, submit and implement measures that will achieve the
following additional emissions reductions by January 1, 2022: 5.8 tpd
of VOC and 10.7 tpd of NOX. The SCAQMD expects to meet its
emissions reductions commitments for VOC and NOX through
implementation of the 15 measures in table 5, and through
implementation of the Surplus Off-road Option for NOX (SOON)
provision for construction/industrial equipment, but reserves the right
to substitute measures as described in the previous section of this
document.\24\ CARB has made no new aggregate emissions reduction
commitment for the purposes of demonstrating attainment of the 1-hour
ozone standard by December 31, 2022 in the South Coast, but the 2012
AQMP estimates that CARB's existing, EPA-approved aggregate emissions
reduction commitment under the 2007 AQMP will provide 7 tpd of VOC and
24 tpd of NOX reductions by 2022. Considered together, the
SCAQMD's new aggregate emissions reductions commitment and CARB's

[[Page 29721]]

existing aggregate emissions reductions commitment under the 2007 AQMP
amount to 13 tpd of VOC and 35 tpd of NOX for the purposes
of 1-hour attainment in the South Coast by December 31, 2022.
---------------------------------------------------------------------------

\24\ SCAQMD estimates that extension of the SOON provision will
achieve 7.5 tpd of NOX reductions by 2022.
---------------------------------------------------------------------------

EPA believes that, with respect to the 2012 AQMP 1-hour ozone
attainment demonstration, circumstances warrant the consideration of
enforceable commitments as part of the attainment demonstration for the
South Coast. As shown in table 4 above, the majority of the VOC
reductions and a substantial portion of NOX emissions
reductions needed to demonstrate attainment in the South Coast come
from SCAQMD regulations that were adopted prior to June 2012, and CARB
regulations that were adopted prior to August 2011, i.e., baseline
measures that have been or will be approved into the SIP (or issued
waivers or authorizations) prior to a final approval of the attainment
demonstration. As a result of these State and District efforts, most
sources in the South Coast nonattainment area are currently subject to
stringent rules adopted and approved by EPA (or for which EPA has
issued waivers or authorization in the case of CARB regulations) prior
to the development of the 2012 AQMP, leaving few opportunities (and
generally more technologically and economically challenging ones) to
further reduce emissions.
In the 2012 AQMP, the SCAQMD identified potential control measures
that could provide many of the additional emissions reductions needed
for attainment. See 2012 1-hour ozone attainment demonstration,
appendix VII, section 4. However, the timeline needed to develop,
adopt, and implement these measures went beyond the February 2013
submittal date of the South Coast 2012 1-hour ozone attainment
demonstration. These circumstances warrant the SCAQMD's and CARB's
reliance on enforceable commitments as part of the attainment
demonstration in the South Coast 2012 1-hour ozone attainment
demonstration.
Given the State's demonstrated need for reliance on enforceable
commitments, we now consider the three factors EPA uses to determine
whether the use of enforceable commitments in lieu of adopted measures
to meet a CAA planning requirements is approvable: (1) Does the
commitment address a limited portion of the statutorily-required
program; (2) is the state capable of fulfilling its commitment; and (3)
is the commitment for a reasonable and appropriate period of time.
For the first factor, we look to see if the commitment addresses a
limited portion of a statutory requirement, such as the amount of
emissions reductions needed to demonstrate attainment in a
nonattainment area. For this calculation, reductions assigned to the
new technology provision (CAA section 182(e)(5)) are not counted as
commitments.\25\
---------------------------------------------------------------------------

\25\ CAA section 182(e)(5) specifically allows EPA to approve an
attainment demonstration that relies on reductions from new
technologies. This provision is separate from the requirement in CAA
section 172(c)(6) for enforceable emissions limitations under which
enforceable commitments are considered. As a result, reductions
attributed in the attainment demonstration to new technologies are
not considered part of the State's enforceable commitments for
purposes of determining the percentage of reductions needed for
attainment that remain as commitments.
---------------------------------------------------------------------------

As shown in table 4 above, the remaining portions of the emission
reductions needed to demonstrate attainment of the 1-hour ozone
standard in the South Coast nonattainment area (i.e., of the State's
total enforceable commitments), after accounting for baseline measures
and emissions reduction commitments assigned to CAA section 182(e)(5)
measures, amount to 13 tpd VOC and 35 tpd NOX. When compared
to the total reductions needed to demonstrate attainment (not including
the CAA section 182(e)(5) reductions in the attainment demonstration),
the remaining portion of the enforceable commitments represents
approximately 7 percent of the needed VOC reductions and approximately
6 percent of the needed NOX reductions. These percentage
reductions are consistent with other SIPs for which EPA has approved
enforceable commitments. See our approval of the SJV PM10
Plan at 69 FR 30005 (May 26, 2004), the SJV 1-hour ozone plan at 75 FR
10420 (March 8, 2010), the Houston-Galveston 1-hour ozone plan at 66 FR
57160 (November 14, 2001), approval of the SJV 2007 PM2.5
SIP at 76 FR 41338 (November 9, 2011), and approval of the South Coast
PM2.5 SIP at 76 FR 41562 (November 9, 2011). We believe the
State's commitment meets the first factor because it addresses a
limited proportion of the required emission reductions.
For the second factor, we consider whether the SCAQMD and CARB are
capable of fulfilling their commitments. The 2012 AQMP includes a
specific list of regulatory initiatives from which emissions reductions
are estimated to fulfill that agency's aggregate emissions reduction
commitment. See table VII-4-2, and control measure OFFRD-01 (i.e.,
extension of the SOON provision) in table VII-4-4 of appendix VII of
the 2012 AQMP. With respect to CARB's existing aggregate commitment
from the 2007 AQMP, table VII-4-1 of the 2012 AQMP lists the types of
measures included in the 2007 AQMP that the State of California could
implement to meet CARB's existing 2020 aggregate commitment and thereby
provide the planned emissions reductions for 1-hour ozone attainment
purposes in 2022. Given the State's and SCAQMD's efforts to date to
reduce emissions and the proposed stationary and mobile source
strategies found in the 2012 AQMP, we believe that the State and SCAQMD
are capable of fulfilling their aggregate emissions reductions
commitments.
For the third and last factor, we consider whether the commitment
is for a reasonable and appropriate period of time. First, we note
SCAQMD's commitment is to achieve the specified aggregate emission
reductions by January 1, 2022 (see Wallerstein Letter), for the purpose
of providing for attainment of the 1-hour ozone standard by December
31, 2022, an attainment date that we are proposing to approve herein.
Second, to meet the aggregate reduction commitment by January 1, 2022,
SCAQMD is relying on emissions reductions from the SOON program.
Reductions from the SOON program involve accelerating fleet turnover of
off-road diesel engines through equipment replacement and engine
repowers that in turn rely on available funds. The SCAQMD's expectation
of emissions reductions from the SOON program by January 1, 2022 is
based on the reasonable assumption of continued funding at current
levels to achieve similar annual reductions in the emissions as have
been achieved over the past four years. As such, we find that SCAQMD's
aggregate emissions reduction commitment is for a reasonable and
appropriate period of time. CARB's emissions reduction commitment from
the 2007 AQMP is for year 2020, and so long as the commitment is
fulfilled by January 1, 2022, it will provide the necessary reductions
to attain the 1-hour ozone standard in the South Coast by December 31,
2022. Thus, SCAQMD's new commitment and CARB's existing commitment are
for a reasonable and appropriate period of time.
d. CAA Section 182(e)(5) New or Improved Technology Measures
For ozone nonattainment areas classified as extreme, the CAA
recognizes that an attainment demonstration may need to rely to a
certain extent on new or evolving technologies (referred to herein as
``new

[[Page 29722]]

technology'' measures), given the relatively long time between
developing the initial plan and attaining the standard and the degree
of emissions reductions needed to attain. To address these needs, CAA
section 182(e)(5) authorizes EPA to approve provisions in an extreme
area plan which ``anticipate development of new control techniques or
improvement of existing control technologies,'' and to approve an
attainment demonstration based on such provisions, if the State
demonstrates that: (1) Such provisions are not necessary to achieve the
incremental emission reductions required during the first 10 years
after November 15, 1990; and (2) the State has submitted enforceable
commitments to develop and adopt contingency measures to be implemented
if the anticipated technologies do not achieve the planned reductions.
CAA 182(e)(5). The State must submit these contingency measures to EPA
no later than three years before proposed implementation of these long-
term measures, and the contingency measures must be ``adequate to
produce emissions reductions sufficient, in conjunction with other
approved plan provisions, to achieve the periodic emissions reductions
required by [CAA sections 182(b)(1) or (c)(2)] and attainment by the
applicable dates.'' Id.
The General Preamble further provides that the new technology
measures contemplated by section 182(e)(5) may include those that
anticipate future technological developments as well as those that
require complex analyses, decision making and coordination among a
number of government agencies. See General Preamble at 13524. An
attainment demonstration that relies on long-term new technology
measures under section 182(e)(5) must identify any such measures and
contain a schedule outlining the steps leading to final development and
adoption of the measures. Id.
SCAQMD and CARB have demonstrated a clear need for emissions
reductions from new and improved control technologies to reduce air
pollution in the South Coast. As shown in table 4, above, baseline
measures, and enforceable commitments provide the majority, but not
all, of the emissions reductions needed by 2022 to attain the emissions
target for 1-hour ozone attainment in the South Coast of 410 tpd of VOC
and 150 tpd of NOX.
To cover the difference, which amounts to 17 tpd of VOC and 150 tpd
of NOX, the 2012 AQMP includes 10 measures to reduce mobile
source emissions for 1-hour ozone and 1997 8-hour ozone planning
purposes and seven additional measures to accelerate the development
and deployment of near-zero and zero-emission technology for goods
movement related sources and off-road equipment to achieve additional
emissions reductions over the longer-term for 2008 8-hour ozone
planning purposes as well. These ``new technology'' measures are
intended to provide the emissions reductions necessary to attain the 1-
hour ozone standard and also represent the updated ``new technology''
provisions for attainment of the 1997 8-hour ozone standard in the
South Coast. The ``new technology'' measures are identical for both the
1-hour ozone and 1997 8-hour ozone standards. The differences in the
new technology provisions between the 1-hour ozone and 1997 8-hour
ozone attainment demonstrations lie in the extent to which the
attainment demonstrations rely on such measures, and the timing. The
emissions reductions that are needed from new technology measures to
demonstrate attainment of the 1-hour ozone standard in the South Coast
are 17 tpd of VOC and 150 tpd of NOX by January 1, 2022. The
corresponding emissions reductions and timing from new technology
measures for 1997 8-hour ozone attainment purposes is 40 tpd of VOC and
241 tpd of NOX by January 1, 2023.
Table 6 below lists the 2012 AQMP's new technology measures along
with a brief summary of each measure. See 2012 AQMP, appendix IV-B for
a detailed description of the measures. In support of these measures,
CARB adopted a commitment to ``develop, adopt, and submit contingency
measures by 2019 if advanced technology measures do not achieve planned
reductions as required by section 182(e)(5)(B).'' CARB Resolution 13-3,
page 9.

Table 6--SCAQMD and CARB New Technology Measures in 2012 AQMP
------------------------------------------------------------------------
2012 AQMP measure
identifier Title Description
------------------------------------------------------------------------
ONRD-01................. Accelerated This measure continues
Penetration of implementation of CARB's
Partial Zero- Clean Vehicle Rebate
Emission and Project (CVRP) through
Zero Emission 2023 with a minimum number
Vehicles. of 1,000 vehicles per year
to be incentivized through
the CVRP, which provides
individual vehicle
incentives of up to
certain amounts (e.g.,
$2,500 for full zero-
emission vehicles) for
clean vehicles.
ONRD-02................. Accelerated This measure calls for
Retirement of retirement of, at a
Older Light-Duty minimum, 2,000 light and
and Medium Duty medium-duty vehicles per
Vehicles. year to 2023, and gives
first priority to pre-1992
model year vehicles
identified as high emitter
and that are off-cycle to
California's Smog Check
Program. Incentives are up
to $2,500 per vehicle
which could include a
replacement voucher under
CARB's Enhanced Fleet
Modernization Program.
ONRD-03................. Accelerated This measure seeks
Penetration of additional emissions
Partial Zero- reductions through the
Emission and early introduction of
Zero Emission electric hybrid vehicles
Light-Heavy- and and continues the state
Medium-Heavy- hybrid truck and bus
Duty Vehicles. voucher incentive project
(HVIP). Incentives of up
to $25,000 per vehicle are
part of this measure. The
measure's goal is to fund
1,000 hybrid and zero-
emission vehicles each
year to 2023.
ONRD-04................. Accelerated This measure seeks
Retirement of additional emissions
Older On-Road reductions from older, pre-
Heavy-Duty 2010 heavy-duty vehicles
Vehicles. beyond the emission
reductions targeted in
CARB's Truck and Bus
Regulation. A significant
number of heavy-duty
trucks have been replaced
through Proposition 1B
Goods Movement Emission
Reduction Program funding,
the Carl Moyer Program,
and other local incentives
programs. This measure
continues these programs
through 2023.
ONRD-05................. Further Emission This measure calls for CARB
Reductions from to adopt a regulation or
Heavy-Duty other enforceable
Vehicles Serving mechanism to further
Near-Dock reduce emissions from near-
Railyards. dock railyard drayage
trucks. The regulation or
other enforcement
mechanism would require,
by 2020, all containers
transported between the
marine ports and the near-
dock railyards to use zero-
emission technologies.

[[Page 29723]]

OFFRD-01................ Extension of the This measure seeks to
SOON Provision reduce emissions from
for Construction/ older, high-emitting off-
Industrial road diesel engines. Under
Equipment. this measure, incentive
programs, such as the Carl
Moyer Program and the SOON
Provision of CARB's Off-
Road rule, would continue
to be used to fund
equipment replacement and
engine repower projects.
This measure would extend
the current SOON program
beyond 2014 to 2023.
OFFRD-02................ Further Emission This measure carries
Reductions from forward the freight
Freight locomotive new technology
Locomotives. measures from the 2007
AQMP and calls for
replacing existing
locomotive engines with
Tier 4 engines beginning
in 2015 such that by 2023,
there will be at least 95%
Tier 4 locomotives
operating the South Coast.
OFFRD-03................ Further Emission Metrolink's Board has
Reductions from adopted a locomotive
Passenger replacement plan which
Locomotives. includes the procurement
of Tier 4 locomotive
engines to replace its 30
Tier 0 locomotives over a
three-year period. In
addition, the replacement
plans call for repowering
the existing Tier 2
locomotives to Tier 4
emission levels, resulting
in 100% Tier 4 locomotives
by 2023.
OFFRD-04................ Further Emission This measure focuses on
Reductions from ocean-going vessels not
Ocean-Going subject to CARB's
Marine Vessels shorepower regulation and
While at Berth. seeks to deploy shorepower
technologies for an
additional 25 percent of
the calls not subject to
CARB's shorepower
regulation.
OFFRD-05................ Emission This measure calls for
Reductions from incentives to be used to
Ocean-Going maximize the early
Marine Vessels. introduction and
preferential deployment of
vessels to the San Pedro
Bay Ports with cleaner/new
engines meeting the new
Tier 2 and Tier 3 IMO NOX
standards.
ADV-01.................. Actions for the This measure includes two
Deployment of sets of actions. The first
Zero and Near- set involves the
Zero Emission On- establishment of an
Road Heavy-Duty optional NOX exhaust
Vehicles. emission standard that is
at least 95 percent lower
than the current 2010 on-
road exhaust emissions
standard. The second set
is to develop zero-
emission technologies for
heavy-duty vehicles that
can be deployed in the
2015 to 2035 timeframe.
ADV-02.................. Actions for the This measure describes
Deployment of actions needed to
Zero-Emission commercialize advanced
and Near-Zero zero-emission and near-
Locomotives. zero emission technologies
for locomotives that could
be deployed in the 2020 to
2030 timeframe.
ADV-03.................. Actions for the This measure describes
Deployment of actions to demonstrate and
Zero-Emission commercialize advanced
and Near-Zero zero-emission and near-
Cargo Handling zero emission technologies
Equipment. for cargo handling
equipment operated at
marine ports, intermodal
freight facilities, and
warehouse distribution
centers that could be
deployed in the 2020 to
2030 timeframe.
ADV-04.................. Actions for the This measure describes
Deployment of actions needed to
Cleaner commercialize advanced
Commercial engine control
Harbor Craft. technologies and hybrid
systems for commercial
harbor craft that could be
deployed in the 2020 to
2030 timeframe.
ADV-05.................. Actions for This measure describes the
Deployment of actions needed to deploy
Cleaner Ocean- retrofit technologies on
Going Marine existing Category 3 marine
Vessels. engines to achieve Tier 3
marine engine emissions
standards.
ADV-06.................. Actions for the This measure describes the
Deployment of actions needed to
Cleaner Off-Road commercialize advanced
Equipment. zero-emission and near-
zero emission technologies
of off-road equipment that
could be deployed in the
2020 to 2030 timeframe.
ADV-07.................. Actions for the This measure describes the
Deployment of actions needed to develop,
Cleaner Aircraft demonstrate, and
Engines. commercialize advanced
technologies, procedures,
and sustainable
alternative jet fuels that
could be deployed in the
2020 to 2030 timeframe.
------------------------------------------------------------------------

We have evaluated the reliance on the new technology provision of
section 182(e)(5) in the 2012 AQMP and have found it to be acceptable.
First, the SIP call to which the 2012 AQMP responds is for an
attainment demonstration plan for an area classified as ``extreme'' for
the 1-hour ozone standard. As such, the attainment demonstration can
rely on the new technology provision under CAA section 182(e)(5) if
attainment cannot be demonstrated through implementation of RACM and
enforceable commitments and if the specific criteria and requirements
of section 182(e)(5) are met. As noted above, attainment by meeting the
emissions targets for the 1-hour ozone standard in the South Coast (410
tpd of VOC and 150 tpd of NOX) cannot be met through RACM
and enforceable commitments. Second, with respect to the specific
criteria and requirements, we find the 2012 AQMP's reliance on new
technologies to be acceptable because:
The 2012 AQMP relies on new technology measures for
reductions from a base year of 2008 to an attainment year of 2022, a
period of 14 years, and thus does not rely on new technologies to
achieve incremental emission reductions required during the first 10
years of the plan; and
CARB has submitted an enforceable commitment to develop,
adopt, and submit contingency measures by 2019 \26\ (three years before
the 1-hour ozone attainment year) to be implemented if the anticipated
technologies do not achieve the planned reductions.\27\

\26\ We interpret CARB's contingency measure commitment to be
for January 1, 2019 based on the statutory requirement for such
measures to be submitted (``no later than 3 years before proposed
implementation of the [advanced control technologies measures]''),
CAA section 182(e)(5), and the implementation date for
implementation of the advanced control technologies measures in the
2012 AQMP by January 1, 2022.
\27\ We also note that the State has committed to meet annually
with EPA and to provide annual updates on the status of the
182(e)(5) commitments. See letter from James Goldstene, Executive
Officer, CARB to Jared Blumenfeld, Regional Administrator, EPA
Region 9, dated August 29, 2011 and letter from Richard Corey,
Executive Officer, CARB to Jared Blumenfeld, Regional Administrator,
EPA Region 9, dated March 6, 2014.
---------------------------------------------------------------------------

In addition, we note the progress to date that has been made toward
implementing the new technology measures. For example, CARB reports
that, in January 2012, CARB adopted the Advanced Clean Cars Program,
which combines the control of smog, soot causing pollutants and
greenhouse gas emissions into a single coordinated

[[Page 29724]]

package of requirements for model years 2015 through 2025. In 2013, the
California Legislature extended to 2023 two successful incentive
programs, the Carl Moyer Program and the Air Quality Improvement
Program, that otherwise would have sunset in 2014 and 2015, and
provided nearly $65 million in additional funds. In December 2013, CARB
adopted the new optional low-NOX standards for on-road
heavy-duty engines that are one of the actions called for in the 2012
AQMP's new technology measure ADV-01, listed above in table 6.
Thus, based on the above discussion and evaluation, we find that
the reliance on new technology measures as part of the attainment
demonstration for the 1-hour ozone standard in the 2012 AQMP satisfies
the requirements of CAA section 182(e)(5). As such, we are proposing to
approve the new technology measures summarized in table 6 and further
described in the 2012 AQMP, appendix IV-B, for 1-hour ozone attainment
demonstration purposes and as an update to the new technology provision
in the 2007 AQMP for the 1997 8-hour ozone standard.
3. Applicable Attainment Date
As noted previously, in our final SIP call, we indicated that the
applicable attainment date for the 1-hour ozone standard in the South
Coast is as expeditiously as practicable, but no later than 5 years
from the effective date of the final SIP call (i.e., February 6, 2018)
but that EPA is authorized to extend the applicable attainment date for
a period no greater than 10 years from the effective date of the SIP
call (i.e., February 6, 2023) if appropriate given the severity of
nonattainment and the availability and feasibility of pollution control
measures.
The 2012 AQMP demonstrates attainment of the 1-hour ozone standard
by December 31, 2022. To evaluate whether to approve an attainment date
of December 31, 2022 for the 1-hour ozone standard in the South Coast,
we reviewed the severity of nonattainment and the availability and
feasibility of pollution control measures.
First, despite significant progress over the years, for urban areas
nationwide, the South Coast nonattainment area has both the highest 1-
hour ozone design value concentration and the highest annual maximum
ozone concentrations in the United States. For instance, while the 1-
hour design value has decreased from over 0.30 ppm in 1990 to less than
0.15 ppm in 2011 (see figure VII-2-2 in appendix VII of the 2012 AQMP),
maximum ozone concentrations still are significantly higher than other
metropolitan areas of the United States (see figures VII-2-3 and VII-2-
4 in appendix VII) and remain over 20% higher than the standard. The 1-
hour ozone problem in the South Coast is complex, the design value
monitor has shifted over time, and the problem is compounded by the
topographical and meteorological conditions for the area that are very
conducive to the formation and concentration of ozone. 2012 AQMP,
appendix VII, section 5.
As discussed in the section of this document on control strategies
and RACM, the South Coast nonattainment area needs significant
reductions in VOC and NOX to demonstrate attainment, on the
order of 31 percent for VOC and 80 percent for NOX from 2008
base year emissions. EPA believes that further reduction of these
pollutants is challenging, because the State and local air pollution
regulations already in place include most of the readily available VOC
and NOX control measures. Moreover, attainment in the South
Coast nonattainment area must also mitigate the emissions increases
associated with the projected increases in population and emissions
levels for this high growth area.
The SCAQMD has a long history of adopting new measures and revising
existing measures that provide emissions reductions of VOC and to a
lesser extent, NOX. These measures provide ongoing
reductions that contribute towards attainment of the 1-hour ozone
standard. The SCAQMD's VOC reductions are achieved primarily from rules
governing the petroleum industry, as well as consumer products rules at
both the State and local level. These types of control measures present
special implementation challenges (e.g., the large number of
individuals subject to regulation and the difficulty of applying
conventional technological control solutions). NOX
reductions come largely from SCAQMD rules for fuel combustion sources,
NOX RECLAIM, and from CARB's mobile source rules.
As provided above, EPA agrees that the implementation schedule for
enhanced stationary source controls is expeditious, taking into account
the time necessary for purchase and installation of the required
control technologies. We believe that it is not feasible at this time
to accelerate the emission reduction schedule for the state and federal
mobile source requirements, which set aggressive compliance dates for
new emission standards and which must rely on fleet turnover over the
years to deliver the ultimate emission reductions. In addition, the
State has adopted standards for many categories of on-road and off-road
vehicles and engines, and gasoline and diesel fuels, and is relying on
existing, approved commitments to continue developing rules for Smog
Check Improvements, Expanded Passenger Vehicle Retirement Program,
Cleaner Main Ship Engines and Fuel, Cleaner Line-Haul Locomotives, and
Off-Road Recreational Vehicle Equipment. EPA believes that the SCAQMD
and CARB are implementing these rules and programs as expeditiously as
practicable. EPA also expects that SCAQMD and CARB will continue to
investigate opportunities to accelerate progress as new control
opportunities arise, and that the agencies will promptly adopt and
expeditiously implement any new measures found to be feasible in the
future. For these reasons and also the need to conduct significant
public outreach if applicable control approaches are to be effective,
EPA agrees with the SCAQMD and CARB that a December 31, 2022 attainment
date for the South Coast for the 1-hour ozone standard is as
expeditious as practicable.
4. Air Quality Modeling for the South Coast 2012 1-Hour Ozone
Attainment Demonstration
In this section of the document, we discuss the applicable
statutory and regulatory requirements for modeled attainment
demonstrations, EPA guidance on air quality modeling for ozone
standards, the air quality modeling analysis supporting the attainment
demonstration in the State's submittal, and our evaluation of these
modeling analyses as part of the attainment demonstration SIP.
a. CAA and Regulatory Requirements for 1-Hour Ozone Air Quality
Modeling and EPA Guidance
For any ozone nonattainment area classified as serious or above,
section 182(c)(2)(A) of the CAA specifically requires the State to
submit a modeled attainment demonstration based on a photochemical grid
modeling evaluation or any other analytical method determined by the
Administrator to be at least as effective as photochemical modeling. In
addition, 40 CFR section 51.112 requires that attainment must be
demonstrated using applicable air quality models, data bases, and other
requirements specified in Appendix W to 40 CFR part 51, as interpreted
in EPA guidance. See, e.g., Guideline for Regulatory Application of the
Urban Airshed Model, EPA-450/4-91-013 (July 1991); ``Guidance on Use of
Modeled Results to Demonstrate Attainment of the Ozone NAAQS,''

[[Page 29725]]

EPA-454/B-95-007 (June 1996); ``Guidance for the 1-hour Ozone
Nonattainment Areas that Rely on Weight-of-Evidence for Attainment
Demonstrations, Mid-Course Review Guidance'' (March 28, 2002);
``Guidance for Improving Weight-of-Evidence Through Identification of
Additional Emission Reduction Not Modeled (Nov 1999); ``Guidance on the
Use of Models and Other Analyses for Air Quality Goals in Attainment
Demonstrations for Ozone, PM2.5, and Regional Haze,'' April
2007. These guidance documents describe the criteria that an air
quality model and its application should meet to qualify for use in an
ozone attainment demonstration. For more detail on EPA's evaluation of
the modeling in the South Coast 1-hour ozone attainment demonstration,
see the ``Modeling and Other Analyses Attainment Demonstration''
memorandum in the docket for today's proposal.\28\ The modeling
document in the docket also includes a complete list of applicable
modeling guidance documents. These documents describe the components of
the attainment demonstration, explain how the modeling and other
analyses should be conducted, and provide overall guidance on the
technical analyses for attainment demonstrations.
---------------------------------------------------------------------------

\28\ Memorandum to Docket EPA-R09-OAR-2014-0185 from Carol
Bohnenkamp, Air Quality Analysis Office, EPA Region 9, ``Review of
the Modeling for the Attainment Demonstration for the Proposed
Rulemaking Action on the South Coast 2012 AQMP for the One Hour
Ozone Standard'', dated May 1, 2014.
---------------------------------------------------------------------------

As with any predictive tool, inherent uncertainties are associated
with photochemical grid modeling. EPA's guidance recognizes these
limitations and provides recommended approaches for considering other
analytical evidence to help assess whether attainment of the NAAQS is
likely. This process is called a weight of evidence (WOE) analysis.
EPA's modeling guidance (updated in 1996, 1999, and 2002) discusses
various WOE analyses. This guidance recommends that all attainment
demonstrations include supplemental analyses beyond the recommended
modeling. These supplemental analyses provide additional information
such as data analyses, and emissions and air quality trends, which
would help strengthen the conclusion based on the photochemical grid
modeling.
b. 1-Hour Attainment Demonstration Modeling and Weight of Evidence
i. Modeling Approaches for the SCAQMD Attainment Demonstration
a. Photochemical Grid Model. The model selected for the 20121-hour
ozone attainment demonstration was developed using the U.S. EPA
supported Community Multiscale Air Quality (CMAQ) (version 4.7) air
quality modeling platform with Statewide Air Pollution Research Center-
99 (SAPRC99) chemistry, and the Weather Research and Forecasting (WRF)
model (version 3.3) meteorological fields. The modeling system
(including the photochemical model, meteorological inputs, and chemical
mechanism) is consistent with the previous advice of outside peer
reviewers. CMAQ is a state-of-the-art air quality model that can
simulate ozone and PM2.5 concentrations together in a ``one-
atmosphere'' approach for attainment demonstrations.
b. Episode Selection. The attainment demonstration modeling focuses
on 92 days of ozone air quality observed during June through August of
the base year 2008. Overall, the 92 day period provides a robust
description of the 2008 ozone meteorological season. During this
period, seven well defined multi-day ozone episodes occurred in the
Basin with 16 days having daily 1-hour maximum ozone concentrations of
125 ppb or higher at the site with the maximum number of exceedances.
When assessed for a normalized meteorological ozone episode potential
using a regression based weighting covering 30 years of data (1998-
2010), the June 18-22, 2008 period was ranked in the 99th percentile.
This episode contained the top four daily ozone maximum concentrations
for 2008 in the South Coast and was selected as the focus of the
attainment demonstration.
c. Model Performance. Model performance was evaluated in three
zones in the South Coast Basin: The San Fernando Valley; the eastern
San Gabriel, Riverside and San Bernardino Valleys; and Los Angeles and
Orange County. Normalized Gross Bias, Normalized Gross Error, and Peak
Prediction Accuracy were determined for each area. Although not a
requirement for determining acceptable model performance, the
performance statistics were compared to the EPA performance goals
presented in guidance documents. The performance goals for Normalized
Gross Error and Peak Prediction Accuracy were met in the eastern San
Gabriel, Riverside and San Bernardino Valleys. The statistic for bias
(Normalized Gross Bias) tends to be negative, indicating that the model
tends to slightly under-predict ozone. Both June 18th and June 20th
failed to meet the model acceptance criteria for the unpaired peak
analysis. As a result, the attainment demonstration focused on June
19th and 21st, days with observed peak concentrations that closely
matched the design values. Based on their analysis, SCAQMD concludes
and EPA agrees that model performance is acceptable for this
application.
ii. Results of SCAQMD Modeling
Photochemical model simulations were conducted for the base year
2008 emissions and future-year 2022 baseline and controlled emissions.
The 1-hour ozone attainment demonstration was based on the
deterministic approach outlined in the ``Guidance on Use of Modeled
Results to Demonstrate Attainment of the Ozone NAAQS,'' EPA-454/B-95-
007 (June 1996). In addition, the weight of evidence analysis uses the
model in a relative sense, using the relative response factor (RRF)
technique described in the ``Guidance on the Use of Models and Other
Analyses for Air Quality Goals in Attainment Demonstrations for Ozone,
PM2.5, and Regional Haze,'' April 2007.
a. Modeled Attainment. The model predicted a maximum 1-hour ozone
concentration for 2022 of 125 parts per billion (ppb) on June 19th at
the Pasadena monitor.\29\ All other predicted concentrations during the
five-day episode are projected to be below 124 ppb. The results of the
attainment demonstration for 2022 indicate that, allowing for one day
per year above the standard, the 1-hour ozone standard would be
attained by 2022 at all monitors with the controlled emissions
inventory. The attainment targets (410 tpd VOC and 150 tpd
NOX) are based on both short-term and long-term (i.e., new
technology) measures. With the related emissions reductions in place,
it is expected that all stations in the South Coast ozone nonattainment
area will meet the 1-hour ozone standard during the 2022 ozone season.
---------------------------------------------------------------------------

\29\ The national 1-hour ozone standard is 0.12 ppm. Values of
124 ppb or less are not considered exceedances of the standard.
---------------------------------------------------------------------------

b. Weight of Evidence Analysis. The weight of evidence analysis for
the ozone attainment demonstration relies on the use of site-specific
RRFs being applied to the 2008 weighted design values. The RRFs are
determined from the future year controlled and the 2008 base year
simulations. The results of the RRF analysis supports the deterministic
attainment demonstration and the level of emission reductions needed
for attainment. The selection criteria for the episode days and the
process of applying the RRFs to the CAMX modeling are discussed in more
detail in the modeling document in the docket for today's action.

[[Page 29726]]

c. EPA's Evaluation of the Modeling Demonstration
Our evaluation of the air quality modeling analyses and supporting
information provided in the South Coast 2012 1-hour ozone attainment
demonstration indicate that the South Coast area will attain the 1-hour
ozone standard by its December 31, 2022. In addition to the attainment
demonstration provided in the South Coast 2012 1-hour ozone attainment
demonstration, we have considered supplemental technical information,
including ambient air quality monitoring data, which was not available
at the time the attainment modeling was performed by SCAQMD. This
information is discussed in more detail in the ``Review of the Modeling
for the Attainment Demonstration for the Proposed Rulemaking Action on
the South Coast 2012 AQMP for the One Hour Ozone Standard'' memorandum
in the docket. The most recent ambient air quality data that we have
reviewed indicate that the area is on track to attain the 1-hour ozone
standard by December 31, 2022. The 1-hour ozone design value has
decreased from 23.4 expected exceedance days in 2000-2002 (average each
year) to 5.5 expected exceedance days in 2010-2012. The peak 1-hour
concentration has decreased from 0.169 ppm in 2002 to 0.147 ppm in
2012.
Based on the analysis above and in the technical memorandum in the
docket, EPA proposes to find that the air quality modeling provides an
adequate basis for the 1-hour ozone attainment demonstration in the
2012 AQMP.

III. Proposed Action and Request for Public Comment

For the reasons discussed above, under section 110(k) of the CAA,
the EPA is proposing to approve certain ozone-related portions of the
2012 South Coast AQMP as a revision to the California SIP. The relevant
portions of the 2012 AQMP that are proposed for approval include the
updated control strategy for the 1997 8-hour ozone standard and the
demonstration of attainment of the 1-hour ozone standard in the South
Coast by December 31, 2022. In so doing, we are proposing to approve
the following commitments or measures upon which the 1-hour ozone
attainment demonstration relies and that support update the approved
control strategy for the 1997 8-hour ozone standard:
SCAQMD's commitments to develop, adopt, submit and
implement the measures as listed in table 5, above, subject to findings
of infeasibility and measure substitution, and a commitment to meet
aggregate emissions reductions targets of 5.8 tpd of VOC and 10.7 tpd
of NOX by January 1, 2022;
The new technology measures listed in table 6, above to
achieve emissions reductions of 17 tpd of VOC and 150 tpd of
NOX; in the South Coast by January 1, 2022; and
CARB's commitment to submit contingency measures by
January 1, 2019 as necessary to ensure that the emissions reductions
from new technology measures are achieved.
In proposing approval, EPA finds that an attainment date of
December 31, 2022 is appropriate in light of the severity of the 1-hour
ozone problem in the South Coast and given the extent to which
emissions sources in the South Coast have already been controlled and
the difficulty of developing regulations and controlling additional
emissions. EPA also finds that the South Coast 1-hour ozone attainment
demonstration is based on reasonable estimates and forecasts of ozone
precursor emissions and appropriate photochemical modeling techniques
and assumptions and an acceptable control strategy.
We are taking public comments for thirty days following the
publication of this proposed rule in the Federal Register. We will take
all comments into consideration in our final rule.

IV. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submittal that complies with the provisions of the Actand 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 CAA. Accordingly, this
proposed action merely approves a state plan as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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, October 7, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed 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 in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

Dated: May 5, 2014.
Jared Blumenfeld,
Regional Administrator,EPA Region IX.
[FR Doc. 2014-11510 Filed 5-22-14; 8:45 am]
BILLING CODE 6560-50-P

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