Approval and Promulgation of Implementation Plan; California; Calaveras County, Chico (Butte County), San Francisco Bay Area and San Luis Obispo County (Eastern San Luis Obispo) Base Year Emission Inventories for the 2008 Ozone Standards, 71997-72002 [2016-25164]
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
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cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 19, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
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extend the time within which a petition
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shall not postpone the effectiveness of
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enforce its requirements. (See CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
jstallworth on DSK7TPTVN1PROD with RULES
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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2. Section 52.2354 is amended by
redesignating the introductory text as
paragraph (a) and adding paragraph (b).
The addition reads as follows:
■
Subpart TT—Utah
§ 52.2354
Interstate transport.
*
*
*
*
*
(b) Addition to the Utah State
Implementation Plan regarding the 2008
Pb Standard for CAA section
110(a)(2)(D)(i) prongs 1, 2 and 4,
submitted to EPA on January 19, 2012,
and addition to the Utah SIP regarding
the 2010 SO2 Standard for CAA section
110(a)(2)(D)(i) prong 4, submitted to
EPA on June 2, 2013.
[FR Doc. 2016–25145 Filed 10–18–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0499; FRL–9954–20–
Region 9]
Approval and Promulgation of
Implementation Plan; California;
Calaveras County, Chico (Butte
County), San Francisco Bay Area and
San Luis Obispo County (Eastern San
Luis Obispo) Base Year Emission
Inventories for the 2008 Ozone
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
California State Implementation Plan
(SIP) concerning the base year emission
inventories (EIs) for four areas
designated as nonattainment areas
(NAAs) for the 2008 ozone National
Ambient Air Quality Standards (2008
ozone NAAQS). The subject areas
include Calaveras County, Chico (Butte
County), San Francisco Bay Area and
San Luis Obispo (Eastern San Luis
Obispo). We are approving these
revisions under the Clean Air Act (CAA
or ‘‘the Act’’).
DATES: This rule is effective on
December 19, 2016 without further
notice, unless the EPA receives adverse
comments by November 18, 2016. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0499 at https://
SUMMARY:
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71997
www.regulations.gov, or via email to
Nancy Levin, Air Planning Office at
levin.nancy@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Summary and Analysis of the State’s
Submittal
A. Statutory and Regulatory Requirements
1. Procedural Requirements for Adoption
and Submittal of SIP Revisions
2. Requirements for Base Year Inventories
B. Summary of the State’s Submittal
1. Stationary Source Emissions
2. Area-wide Source Emissions
3. Off-Road Mobile Source Emissions
4. Onroad Mobile Source Emissions
C. The EPA’s Evaluation of the State’s
Submittal
1. Evaluation of Procedural Requirements
2. Evaluation of Base Year Inventory
Requirements
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA
strengthened the primary and secondary
eight-hour ozone NAAQS to 0.075 parts
per million (ppm) (73 FR 16436).1 In
1 Since the 2008 primary and secondary NAAQS
for ozone are identical, for convenience, we refer to
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accordance with section 107(d) of the
CAA, the EPA must designate an area
‘‘nonattainment’’ if it is violating the
NAAQS or if it is contributing to a
violation of the NAAQS in a nearby
area.
The EPA designated 18 areas in
California as nonattainment for the 2008
ozone NAAQS on May 21, 2012,
effective July 20, 2012 (77 FR 30088,
codified at 40 CFR 81.305). The
Calaveras County, Chico (Butte County),
Imperial County, Kern County (Eastern
Kern), Mariposa County, Nevada County
(Western part), San Diego County, San
Francisco Bay Area, San Luis Obispo
(Eastern San Luis Obispo) and Tuscan
Buttes NAAs were classified (by
operation of law) as ‘‘Marginal’’
nonattainment. The EPA classified the
Ventura County NAA as ‘‘Serious’’
nonattainment. The EPA classified the
Los Angeles-San Bernardino Counties
(West Mojave Desert), Riverside County
(Coachella Valley) and Sacramento
Metro NAAs as ‘‘Severe-15’’
nonattainment. The EPA classified the
Los Angeles-South Coast Air Basin and
San Joaquin Valley NAAs as ‘‘Extreme’’
nonattainment. The EPA designated the
˜
lands of the Pechanga Band of Luiseno
Mission Indians of the Pechanga
Reservation and the Morongo Band of
Mission Indians in Southern California
as separate NAAs and classified them as
‘‘Moderate’’ and Serious nonattainment,
respectively.
The EPA proposed the 2008 ozone
NAAQS SIP Requirements Rule (SRR)
on June 6, 2013 (78 FR 34178) and
finalized the SRR on March 6, 2015 (80
FR 12264, codified at 40 CFR part 51,
subpart AA), effective April 6, 2015.
The SRR established implementation
requirements for the 2008 ozone
NAAQS, including requirements for
‘‘base year’’ emission inventories under
CAA section 182(a)(1).
On July 17, 2014, the California Air
Resources Board (CARB) submitted a
staff report, titled ‘‘8-Hour Ozone State
Implementation Plan Emission
Inventory Submittal, release date: May
23, 2014’’ (‘‘submittal’’) to the EPA. This
submittal addresses base year inventory
requirements for 15 of the 18 NAAs in
California.2 On September 2, 2016,
CARB submitted additional technical
information titled ‘‘8-Hour Ozone State
Implementation Plan Emission
Inventory Supplemental Documentation
(September 2016)’’ (herein referred to as
‘‘EI Supplemental Documentation’’) to
both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
ozone standard.’’
2 The submittal did not include EIs for the Tuscan
Buttes NAA, which is a small, high elevation area
containing no anthropogenic sources, see submittal,
p. 3, or for the Pechanga and Morongo NAAs.
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support the NAA emission inventories
submitted on July 17, 2014.
On May 4, 2016 (81 FR 26697), the
EPA issued one of three types of
determinations for each NAA that was
originally classified as Marginal for the
2008 ozone NAAQS. The EPA
determined that four Marginal NAAs in
California—Calaveras County, Chico
(Butte County), San Francisco Bay Area
and Tuscan Buttes—had attained the
2008 ozone NAAQS by the applicable
attainment date of July 20, 2015, based
on complete, quality-assured and
certified ozone monitoring data for
2012–2014. The EPA determined that
one NAA in California—San Luis
Obispo (Eastern San Luis Obispo)
(‘‘Eastern SLO’’)—qualified for a 1-year
attainment date extension for the 2008
ozone NAAQS even though it did not
attain the NAAQS by the applicable
deadline. Finally, the EPA reclassified
five NAAs in California as Moderate
because they did not attain the 2008
ozone NAAQS by the attainment date
and did not qualify for a 1-year
extension. The EPA ‘‘bumped up’’ the
following Marginal NAAs to Moderate:
Imperial County, Kern County (Eastern
Kern), Mariposa County, Nevada County
(Western part) and San Diego County. In
addition to the Marginal area
requirements, which include submittal
of a base year emission inventory (see
CAA section 182(a)(1)), these NAAs
became subject to additional
requirements.3 However, these
additional requirements are not the
subject of this action.
In this action, we are acting on a
portion of CARB’s submittal, namely,
the base year EIs for the Calaveras
County, Chico (Butte County), Eastern
SLO and San Francisco Bay Area NAAs.
We are deferring action on the base year
EIs for NAAs that are required to submit
updated base year EIs to support their
attainment demonstrations and to meet
reasonable further progress
requirements because we anticipate that
these later submittals will supersede the
EIs in the CARB 8-hour EI submittal for
these areas.
3 These requirements include: An attainment
demonstration; provisions for reasonably available
control technology and reasonably available control
measures; reasonable further progress (RFP)
reductions in volatile organic compounds (VOC)
and/or nitrogen oxide (NOX) emissions;
contingency measures; a vehicle inspection and
maintenance program; and NOX and VOC emission
offsets at a ratio of 1.15 to 1 for major source
permits (see 40 CFR part 51, subpart AA and CAA
sections 182(b) and 172(c)). A SIP revision
addressing these requirements is due to the EPA by
January 1, 2017 (81 FR 26697, May 4, 2016).
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II. Summary and Analysis of the State’s
Submittal
A. Statutory and Regulatory
Requirements
1. Procedural Requirements for
Adoption and Submittal of SIP
Revisions
CAA section 110(a)(1) and 110(l) and
40 CFR 51.102 require states to provide
reasonable notice and an opportunity
for a public hearing prior to adoption of
SIP revisions. Section 110(k)(1)(B)
requires the EPA to determine whether
a SIP submittal is complete within 60
days of receipt. Any plan that we have
not affirmatively determined to be
complete or incomplete will become
complete six months after the day of
submittal by operation of law. A finding
of completeness does not approve the
submittal as part of the SIP nor does it
indicate that the submittal is
approvable. It does start a 12-month
clock for the EPA to act on the SIP
submittal (see CAA section 110(k)(2)).
2. Requirements for Base Year
Inventories
CAA section 182(a)(1) and 40 CFR
51.1115(a) require states to submit a
‘‘base year inventory’’ for each 2008
ozone nonattainment area within two
years of the effective date of
designation. This inventory must be ‘‘a
comprehensive, accurate, current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the nonattainment
area as required by CAA section
182(a)(1)’’ (40 CFR 51.1100(bb), see also
CAA section 172(c)(3)). In addition, 40
CFR 51.1115(a) requires that the
inventory year be selected consistent
with the baseline year for the reasonable
further progress (RFP) plan, which is
usually the most recent calendar year
for which a complete triennial inventory
is required to be submitted to the EPA
under the Air Emissions Reporting
Requirements (40 CFR part 51, subpart
A) (see 40 CFR 51.1110(b)).
B. Summary of the State’s Submittal
The State submitted base year EIs for
areas designated as nonattainment for
the 2008 8-hour ozone NAAQS on July
17, 2014.4 CARB’s submittal documents
the public review process followed prior
to its submittal to the EPA as a revision
to the SIP. The submittal includes a
copy of a CARB notice of public meeting
on June 26, 2014 to consider the
approval of the submittal, a transcript
from the June 26, 2014 meeting,5 and a
4 Submittal
pp. 7–35.
State of California, Air Resources
Board, CAL/EPA Headquarters, Byron Sher
5 Meeting,
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signed resolution stating that the CARB
made the EIs available for public review
at least 30 days prior to the board
hearing and that the EIs were adopted
after notice and public hearing.6 As
noted above, on September 2, 2016,
CARB provided additional technical
information referred to herein as EI
Supplemental Documentation to
support the NAA EIs submitted on July
17, 2014.
CARB selected 2012 as the base year
because it was the most recent year for
which comprehensive emissions
estimates were available,7 and because
CARB wanted a consistent inventory
across the state.8 The submitted base
year EIs are expressed as 2012 average
summer day emissions in tons per day
(tpd) and categorized as stationary point
sources, area-wide sources, on-road
mobile sources and other mobile
sources. CARB’s EI Supplemental
Documentation describes methods used
to estimate emissions for each category
and subcategory.9 The submittal
71999
describes the updates to the 2012 EIs
since the last comprehensive EI update,
and it also describes how emissions
were calculated for ‘‘split regions’’ not
defined by CARB’s county, air basin,
and district boundaries.10
Table 1 summarizes the 2012 EIs for
the Calaveras County, Chico (Butte
County), Eastern SLO and San Francisco
Bay Area NAAs for nitrogen oxides
(NOX) and volatile organic compound
(VOC) emissions.11
TABLE 1—2012 AVERAGE SUMMER DAY EMISSION INVENTORIES (TPD)
Category
NOX
% of total
VOC
% of total
Calaveras County
Stationary Sources ..........................................................................................
Area-wide Sources ..........................................................................................
On-road Mobile ................................................................................................
Other Mobile ....................................................................................................
0.12
0.09
1.70
0.75
5
3
64
28
0.23
1.82
1.03
2.49
4
33
19
45
Total * ........................................................................................................
2.66
100
5.56
100
Stationary Sources ..........................................................................................
Area-wide Sources ..........................................................................................
On-road Mobile ................................................................................................
Other Mobile ....................................................................................................
2.03
0.67
7.06
7.79
12
4
40
44
2.08
4.81
3.32
4.00
15
34
23
28
Total * ........................................................................................................
17.54
100
14.21
100
Stationary Sources ..........................................................................................
Area-wide Sources ..........................................................................................
On-road Mobile ................................................................................................
Other Mobile ....................................................................................................
41.33
7.99
151.65
88.55
14
3
52
31
62.13
68.37
74.02
59.98
23
26
28
23
Total * ........................................................................................................
289.51
100
264.50
100
Stationary Sources ..........................................................................................
Area-wide Sources ..........................................................................................
On-road Mobile ................................................................................................
Other Mobile ....................................................................................................
0.17
0.00
0.37
0.14
25
0
54
21
0.10
0.16
0.17
0.05
21
33
35
10
Total * ........................................................................................................
0.68
100
0.48
100
Chico (Butte County)
San Francisco Bay Area
Eastern SLO
* Differences due to rounding. Excludes biogenic emissions.
source testing, direct measurement or
engineering calculations. CARB
estimates emissions from smaller point
sources, such as gasoline dispensing
facilities and residential water heaters,
as a group and reports them in a single
source category. CARB groups stationary
1. Stationary Source Emissions
jstallworth on DSK7TPTVN1PROD with RULES
CARB estimates stationary point
source emissions based on annual
reports submitted by the local air
districts. The local air districts are
responsible for working with facility
operators to compile estimates, using
Auditorium, Second Floor, 1001 I Street,
Sacramento, California 95814, Thursday, June 26,
2014, 9:04 a.m., Tiffany C. Kraft, CSR, Certified
Shorthand Reporter, License Number 12277, pp. 7–
8.
6 CARB, ‘‘The 8-Hour Ozone State
Implementation Plan Emission Inventory
Submittal,’’ Resolution 14–14, June 26, 2014,
Agenda Item No.: 14–5–1, signed by Tracy Jensen,
Clerk of the Board.
7 Submittal,
p. 5.
particular, CARB wanted to assure
consistency with the South Coast Air Quality
Management District, which planned to use 2012
data for its base year inventory. See Supplemental
Documentation.
9 Ibid.
10 Submittal, pp. 5–6.
11 Ibid., pp. 7–35.
8 In
point source emissions into the
following categories: Fuel combustion,
waste disposal, cleaning and surface
coatings, petroleum production and
marketing, and industrial processes.12
12 Submittal, pp. 7–35. Fuel combustion
subcategories: Electric utilities, cogeneration, oil
and gas production (combustion), manufacturing
and industrial, food and agricultural processing,
service and commercial, other (fuel combustion).
Waste disposal subcategories: Sewage treatment,
incinerators, other (waste disposal). Cleaning and
surface coatings subcategories: Laundering,
degreasing, coatings and related process solvents,
printing, adhesives and sealants. Petroleum
Continued
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CARB describes the methodologies it
uses for smaller point sources in the EI
Supplemental Documentation. For
example, while CARB reports most of
the food and agricultural processing
emission sources as individual point
sources, CARB estimates the exhaust
emissions from agricultural irrigation
pumps from a model developed by
CARB staff. The EI Supplemental
Documentation provides a link to the
methodology used.13 The model uses
United States Department of Agriculture
(USDA) engine population estimates,
emission factors, average annual use in
hours, average brake horsepower of
engine and average engine load
factors.14
jstallworth on DSK7TPTVN1PROD with RULES
2. Area-Wide Source Emissions
CARB’s area-wide source inventories
include categories where emissions take
place over a wide geographic area, such
as consumer products, residential fuel
combustion and farming operations.
CARB groups area-wide source
emissions as either solvent evaporation
or miscellaneous processes.15
CARB describes the methodologies for
each area-wide source emission category
in the EI Supplemental Documentation,
pages 21–29. CARB uses various
methodologies for estimating emissions
from area-wide source categories. For
example, the California Department of
Pesticide Regulation (DPR) calculates
pesticide emission estimates for CARB.
The DPR applies Emission Potential
(EP) values from the DPR database to the
amount of grower-reported pesticide
application in DPR’s Pesticide Use
Report database.16 For the consumer
products emissions estimates, CARB
conducted surveys to collect updated
product and ingredient information for
approximately 360 consumer product
categories, and determined the total
productions and marketing subcategories: Oil and
gas production, petroleum marketing, other
(petroleum production and marketing). Industrial
processes subcategories: Food agriculture, mineral
processes, metal processes, wood and paper, other
(industrial processes).
13 Attachment 2, Appendix D, Emission Inventory
Methodology, Agricultural irrigation Pumps—
Diesel (Updated August 2006), available at https://
www.arb.ca.gov/regact/agen06/attach2.pdf
14 EI Supplemental Documentation, pp. 11–12.
15 Submittal, pp. 7–35. Solvent evaporation
subcategories: Consumer products, architectural
coatings and related process solvents, pesticides/
fertilizers, asphalt paving/roofing. Miscellaneous
processes subcategories: Residential fuel
combustion, farming operations, fires, manage
burning and disposal, cooking.
16 The EP value is the fraction of the product that
is assumed to potentially contribute to atmospheric
VOC. California’s pesticide use reporting program
requires that all agricultural pesticide use must be
reported monthly by growers to county agricultural
commissions, who in turn, report the data to DPR.
See https://www.cdpr.ca.gov/docs/pur/purmain.htm.
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sales and total VOC emissions for each
category based on the survey data.
CARB adjusted emissions to the 2012
base year by using population data from
the California Department of Finance
(2013).17 CARB bases emissions from
farming operations on data from the
USDA’s 2012 Census of Agriculture and
emission factors for each livestock
category.18 CARB uses survey data and
emission factors to estimate emissions
from residential wood combustion, a
subcategory of residential fuel
combustion. In 2011, CARB updated its
methodology for residential wood
combustion to include more recent
survey data on residential wood burning
devices and consumption rates, updates
to the EPA National Emission Inventory
emission factors and improved
calculation approaches.19
3. Off-Road Mobile Source Emissions
CARB has developed category-specific
models for numerous off-road (also
known as ‘‘non-road’’) sources,
including locomotives, ships, industrial
and construction equipment, and
recreational vehicles. CARB used the
OFFROAD2007 model for categories
without source-specific models. CARB
provided supplementary documentation
describing the methodologies used for
the following off-road sources: Aircraft,
ocean going vessels, commercial harbor
craft, recreational boats, off-road
recreational vehicles, fuel storage and
handling equipment, farm equipment
and off-road equipment (i.e., transport
refrigeration units, drill rigs, cargo
handling equipment, and trains).20 The
submittal provided emission estimates
for off-road sources that reflected
updates to data models for ocean going
vessels, recreational boats, recreational
vehicles, off-road equipment and farm
equipment.21 In addition to describing
each category, CARB provides Web site
links to additional information on each
methodology. These descriptions
include the type of source represented,
the types and source of data used, and
the models used. For example, CARB
describes ocean-going vessels (OGVs) as
commercial vessels greater than or equal
to 400 feet in length or 10,000 gross tons
or propelled by a marine compression
ignition engine with a displacement of
17 CARB, Section 6.1 Consumer Products (revised
April 2000), available at https://www.arb.ca.gov/ei/
areasrc/fullpdf/full6-1.pdf.
18 CARB, Section 7.6 Livestock Husbandry
(Revised May 2004), available at https://
www.arb.ca.gov/ei/areasrc/fullpdf/full7-6.pdf.
19 CARB, Section 7.1 Residential Wood
Combustion (Revised October 2015), available at
https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-1_
2011.pdf.
20 EI Supplemental Documentation, pp. 4–10.
21 See submittal p. 6.
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greater than or equal to 30 liters per
cylinder. CARB’s emission inventory
includes all OGV emissions occurring
within 100 nautical miles of the
California coastline.
4. On-Road Mobile Source Emissions
CARB estimated on-road mobile
emissions from cars, light and heavyduty trucks, motorcycles, buses and
motor homes using its Emission Factors
(EMFAC) model version 2011, which
was the latest EPA-approved version
available at the time the EIs were
prepared.22 CARB estimated vehicle
populations using registration data from
the Department of Motor Vehicles
(DMV), updated in 2012.23 The model
estimates vehicle miles traveled (VMT)
from data and mileage accrual rates
from the Bureau of Automotive Smog
Check Program. CARB states that the EIs
in this submittal reflect updates to the
EMFAC2011 activity parameters,
including vehicle population and
activity using 2012 DMV data, vehicle
sales and survival rate estimates, fuel
sales from the Board of Equalization,
and updates to mileage accrual rates
using Smog Check data. CARB adjusted
the default VMT regional allocations
using the 2012 National Transportation
Atlas Database. The model also reflects
the emissions benefits of CARB’s 2010
Truck and Bus Regulation, the ‘‘Pavley’’
Clean Car Standards and the Low
Carbon Fuel Standard. CARB provides
additional information on EMFAC at
https://www.arb.ca.gov/mseimsei.htm.
C. The EPA’s Evaluation of the State’s
Submittal
1. Evaluation of Procedural
Requirements
Based on the documentation included
in CARB’s submittal, we find that the
submittal satisfies the procedural
requirements of sections 110(a)(1) and
110(l) of the Act requiring states to
provide reasonable notice and an
opportunity for public hearing prior to
adoption of SIP revisions. CARB’s
submittal became complete by operation
of law on January 17, 2015 pursuant to
section 110(k)(1)(B).
22 On March 16, 2013, the EPA approved and
announced the availability of EMFAC2011 as the
latest update to the EMFAC model for use in SIP
development and transportation conformity by
California state and local governments to meet CAA
requirements (78 FR 14533). On December 14, 2015,
the EPA announced the next revision to EMFAC—
EMFAC 2014 (80 FR 77337). CARB submitted the
2008 8-hour ozone EI submittal after the EPA’s
approval of EMFAC2011 and prior to the EPA’s
approval of EMFAC2014.
23 EI Supplemental Documentation, p. 3.
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2. Evaluation of Base Year Inventory
Requirements
The EPA has reviewed the 2012
average summer day base year EIs for
the Calaveras County, Chico (Butte
County), Eastern SLO and San Francisco
Bay Area NAAs. Our review included
the emission estimates for stationary
sources, area-wide sources and mobile
sources. We find that CARB’s selection
of 2012 as the base year was appropriate
for these areas because 2012 was the
most recent calendar year for which a
consistent and comprehensive statewide
inventory was available.24 The
submittal and EI Supplemental
Documentation provide sufficient
information and explanation to allow
the EPA to make a determination on the
acceptability of the EIs. Accordingly, we
conclude that the EIs constitute a
comprehensive, accurate, current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the relevant NAAs, as
required under the CAA and SRR (40
CFR 51.1100(bb), see also CAA section
172(c)(3)).
jstallworth on DSK7TPTVN1PROD with RULES
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, the EPA is fully approving the
submitted EIs for the Calaveras County,
Chico (Butte County), San Luis Obispo
County (Eastern SLO) and San Francisco
Bay Area NAAs because we believe they
fulfill all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted EIs. If we receive adverse
comments by November 18, 2016, we
will publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on December 19,
2016.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
24 We also note that, because the State is not
required to submit an RFP plan for Marginal areas,
the requirement for the inventory year selected to
be consistent with the baseline year for the RFP
plan is not relevant to these areas.
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13:39 Oct 18, 2016
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40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this 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 action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
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Sfmt 4700
72001
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 19,
2016. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that the EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Rules and Regulations
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(481) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(481) The following revision was
submitted on July 17, 2014 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) California Air Resources Board,
Staff Report, ‘‘8-Hour Ozone State
Implementation Plan Emission
Inventory Submittal,’’ release date: May
23, 2014, excluding the tables of 2012
average summer daily emissions (tons
per day) other than the tables for Chico
(Butte County), San Luis Obispo County
(Eastern San Luis Obispo), Calaveras
County, and San Francisco Bay Area.
*
*
*
*
*
[FR Doc. 2016–25164 Filed 10–18–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0559; FRL–9952–22]
Penflufen; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of penflufen in or
on vegetable, bulb, group 3–07; beet,
sugar, roots; and beet, sugar, tops.
Interregional Research Project Number 4
(IR–4) requested the tolerance
associated with pesticide petition
number (PP#) 5E8382, and Bayer
CropScience requested the tolerances
associated with PP# 5F8379, under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
SUMMARY:
This regulation is effective
October 19, 2016. Objections and
requests for hearings must be received
on or before December 19, 2016, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0559, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
jstallworth on DSK7TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
13:39 Oct 18, 2016
Jkt 241001
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0559 in the subject line on
the first page of your submission. All
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 19, 2016. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2015–0559, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Summary of Petitioned-for Tolerance
In the Federal Register of October 21,
2015 (80 FR 63731) (FRL–9935–29),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP# 5E8382) by
Interregional Research Project Number 4
(IR–4), 500 College Road East,
Princeton, NJ 08540. The petition
requested that 40 CFR 180.664 be
amended by establishing tolerances for
residues of the fungicide penflufen, (1HPyrazole-4-carboxamide, N-[2-(1,3dimethylbutyl)phenyl]-5-fluoro-1,3dimethyl-), in or on onion, bulb, 3–07A
at 0.01 parts per million (ppm); and
onion, green, 3–07B at 0.015 ppm. That
document referenced a summary of the
petition prepared by Bayer CropScience,
the registrant, which is available in the
docket EPA–HQ–OPP–2015–0559–0002
at https://www.regulations.gov.
In the Federal Register of July 20,
2016 (81 FR 47150) (FRL–9948–45),
EPA issued a document pursuant to
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]]>Agencies
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71997-72002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25164]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0499; FRL-9954-20-Region 9]
Approval and Promulgation of Implementation Plan; California;
Calaveras County, Chico (Butte County), San Francisco Bay Area and San
Luis Obispo County (Eastern San Luis Obispo) Base Year Emission
Inventories for the 2008 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the California State
Implementation Plan (SIP) concerning the base year emission inventories
(EIs) for four areas designated as nonattainment areas (NAAs) for the
2008 ozone National Ambient Air Quality Standards (2008 ozone NAAQS).
The subject areas include Calaveras County, Chico (Butte County), San
Francisco Bay Area and San Luis Obispo (Eastern San Luis Obispo). We
are approving these revisions under the Clean Air Act (CAA or ``the
Act'').
DATES: This rule is effective on December 19, 2016 without further
notice, unless the EPA receives adverse comments by November 18, 2016.
If we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0499 at https://www.regulations.gov, or via email to Nancy
Levin, Air Planning Office at levin.nancy@epa.gov. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud or other file sharing system). For additional submission methods,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section. For the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Background
II. Summary and Analysis of the State's Submittal
A. Statutory and Regulatory Requirements
1. Procedural Requirements for Adoption and Submittal of SIP
Revisions
2. Requirements for Base Year Inventories
B. Summary of the State's Submittal
1. Stationary Source Emissions
2. Area-wide Source Emissions
3. Off-Road Mobile Source Emissions
4. Onroad Mobile Source Emissions
C. The EPA's Evaluation of the State's Submittal
1. Evaluation of Procedural Requirements
2. Evaluation of Base Year Inventory Requirements
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, the EPA strengthened the primary and secondary
eight-hour ozone NAAQS to 0.075 parts per million (ppm) (73 FR
16436).\1\ In
[[Page 71998]]
accordance with section 107(d) of the CAA, the EPA must designate an
area ``nonattainment'' if it is violating the NAAQS or if it is
contributing to a violation of the NAAQS in a nearby area.
---------------------------------------------------------------------------
\1\ Since the 2008 primary and secondary NAAQS for ozone are
identical, for convenience, we refer to both as ``the 2008 ozone
NAAQS'' or ``the 2008 ozone standard.''
---------------------------------------------------------------------------
The EPA designated 18 areas in California as nonattainment for the
2008 ozone NAAQS on May 21, 2012, effective July 20, 2012 (77 FR 30088,
codified at 40 CFR 81.305). The Calaveras County, Chico (Butte County),
Imperial County, Kern County (Eastern Kern), Mariposa County, Nevada
County (Western part), San Diego County, San Francisco Bay Area, San
Luis Obispo (Eastern San Luis Obispo) and Tuscan Buttes NAAs were
classified (by operation of law) as ``Marginal'' nonattainment. The EPA
classified the Ventura County NAA as ``Serious'' nonattainment. The EPA
classified the Los Angeles-San Bernardino Counties (West Mojave
Desert), Riverside County (Coachella Valley) and Sacramento Metro NAAs
as ``Severe-15'' nonattainment. The EPA classified the Los Angeles-
South Coast Air Basin and San Joaquin Valley NAAs as ``Extreme''
nonattainment. The EPA designated the lands of the Pechanga Band of
Luise[ntilde]o Mission Indians of the Pechanga Reservation and the
Morongo Band of Mission Indians in Southern California as separate NAAs
and classified them as ``Moderate'' and Serious nonattainment,
respectively.
The EPA proposed the 2008 ozone NAAQS SIP Requirements Rule (SRR)
on June 6, 2013 (78 FR 34178) and finalized the SRR on March 6, 2015
(80 FR 12264, codified at 40 CFR part 51, subpart AA), effective April
6, 2015. The SRR established implementation requirements for the 2008
ozone NAAQS, including requirements for ``base year'' emission
inventories under CAA section 182(a)(1).
On July 17, 2014, the California Air Resources Board (CARB)
submitted a staff report, titled ``8-Hour Ozone State Implementation
Plan Emission Inventory Submittal, release date: May 23, 2014''
(``submittal'') to the EPA. This submittal addresses base year
inventory requirements for 15 of the 18 NAAs in California.\2\ On
September 2, 2016, CARB submitted additional technical information
titled ``8-Hour Ozone State Implementation Plan Emission Inventory
Supplemental Documentation (September 2016)'' (herein referred to as
``EI Supplemental Documentation'') to support the NAA emission
inventories submitted on July 17, 2014.
---------------------------------------------------------------------------
\2\ The submittal did not include EIs for the Tuscan Buttes NAA,
which is a small, high elevation area containing no anthropogenic
sources, see submittal, p. 3, or for the Pechanga and Morongo NAAs.
---------------------------------------------------------------------------
On May 4, 2016 (81 FR 26697), the EPA issued one of three types of
determinations for each NAA that was originally classified as Marginal
for the 2008 ozone NAAQS. The EPA determined that four Marginal NAAs in
California--Calaveras County, Chico (Butte County), San Francisco Bay
Area and Tuscan Buttes--had attained the 2008 ozone NAAQS by the
applicable attainment date of July 20, 2015, based on complete,
quality-assured and certified ozone monitoring data for 2012-2014. The
EPA determined that one NAA in California--San Luis Obispo (Eastern San
Luis Obispo) (``Eastern SLO'')--qualified for a 1-year attainment date
extension for the 2008 ozone NAAQS even though it did not attain the
NAAQS by the applicable deadline. Finally, the EPA reclassified five
NAAs in California as Moderate because they did not attain the 2008
ozone NAAQS by the attainment date and did not qualify for a 1-year
extension. The EPA ``bumped up'' the following Marginal NAAs to
Moderate: Imperial County, Kern County (Eastern Kern), Mariposa County,
Nevada County (Western part) and San Diego County. In addition to the
Marginal area requirements, which include submittal of a base year
emission inventory (see CAA section 182(a)(1)), these NAAs became
subject to additional requirements.\3\ However, these additional
requirements are not the subject of this action.
---------------------------------------------------------------------------
\3\ These requirements include: An attainment demonstration;
provisions for reasonably available control technology and
reasonably available control measures; reasonable further progress
(RFP) reductions in volatile organic compounds (VOC) and/or nitrogen
oxide (NOX) emissions; contingency measures; a vehicle
inspection and maintenance program; and NOX and VOC
emission offsets at a ratio of 1.15 to 1 for major source permits
(see 40 CFR part 51, subpart AA and CAA sections 182(b) and 172(c)).
A SIP revision addressing these requirements is due to the EPA by
January 1, 2017 (81 FR 26697, May 4, 2016).
---------------------------------------------------------------------------
In this action, we are acting on a portion of CARB's submittal,
namely, the base year EIs for the Calaveras County, Chico (Butte
County), Eastern SLO and San Francisco Bay Area NAAs. We are deferring
action on the base year EIs for NAAs that are required to submit
updated base year EIs to support their attainment demonstrations and to
meet reasonable further progress requirements because we anticipate
that these later submittals will supersede the EIs in the CARB 8-hour
EI submittal for these areas.
II. Summary and Analysis of the State's Submittal
A. Statutory and Regulatory Requirements
1. Procedural Requirements for Adoption and Submittal of SIP Revisions
CAA section 110(a)(1) and 110(l) and 40 CFR 51.102 require states
to provide reasonable notice and an opportunity for a public hearing
prior to adoption of SIP revisions. Section 110(k)(1)(B) requires the
EPA to determine whether a SIP submittal is complete within 60 days of
receipt. Any plan that we have not affirmatively determined to be
complete or incomplete will become complete six months after the day of
submittal by operation of law. A finding of completeness does not
approve the submittal as part of the SIP nor does it indicate that the
submittal is approvable. It does start a 12-month clock for the EPA to
act on the SIP submittal (see CAA section 110(k)(2)).
2. Requirements for Base Year Inventories
CAA section 182(a)(1) and 40 CFR 51.1115(a) require states to
submit a ``base year inventory'' for each 2008 ozone nonattainment area
within two years of the effective date of designation. This inventory
must be ``a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the nonattainment area as required by CAA section
182(a)(1)'' (40 CFR 51.1100(bb), see also CAA section 172(c)(3)). In
addition, 40 CFR 51.1115(a) requires that the inventory year be
selected consistent with the baseline year for the reasonable further
progress (RFP) plan, which is usually the most recent calendar year for
which a complete triennial inventory is required to be submitted to the
EPA under the Air Emissions Reporting Requirements (40 CFR part 51,
subpart A) (see 40 CFR 51.1110(b)).
B. Summary of the State's Submittal
The State submitted base year EIs for areas designated as
nonattainment for the 2008 8-hour ozone NAAQS on July 17, 2014.\4\
CARB's submittal documents the public review process followed prior to
its submittal to the EPA as a revision to the SIP. The submittal
includes a copy of a CARB notice of public meeting on June 26, 2014 to
consider the approval of the submittal, a transcript from the June 26,
2014 meeting,\5\ and a
[[Page 71999]]
signed resolution stating that the CARB made the EIs available for
public review at least 30 days prior to the board hearing and that the
EIs were adopted after notice and public hearing.\6\ As noted above, on
September 2, 2016, CARB provided additional technical information
referred to herein as EI Supplemental Documentation to support the NAA
EIs submitted on July 17, 2014.
---------------------------------------------------------------------------
\4\ Submittal pp. 7-35.
\5\ Meeting, State of California, Air Resources Board, CAL/EPA
Headquarters, Byron Sher Auditorium, Second Floor, 1001 I Street,
Sacramento, California 95814, Thursday, June 26, 2014, 9:04 a.m.,
Tiffany C. Kraft, CSR, Certified Shorthand Reporter, License Number
12277, pp. 7-8.
\6\ CARB, ``The 8-Hour Ozone State Implementation Plan Emission
Inventory Submittal,'' Resolution 14-14, June 26, 2014, Agenda Item
No.: 14-5-1, signed by Tracy Jensen, Clerk of the Board.
---------------------------------------------------------------------------
CARB selected 2012 as the base year because it was the most recent
year for which comprehensive emissions estimates were available,\7\ and
because CARB wanted a consistent inventory across the state.\8\ The
submitted base year EIs are expressed as 2012 average summer day
emissions in tons per day (tpd) and categorized as stationary point
sources, area-wide sources, on-road mobile sources and other mobile
sources. CARB's EI Supplemental Documentation describes methods used to
estimate emissions for each category and subcategory.\9\ The submittal
describes the updates to the 2012 EIs since the last comprehensive EI
update, and it also describes how emissions were calculated for ``split
regions'' not defined by CARB's county, air basin, and district
boundaries.\10\
---------------------------------------------------------------------------
\7\ Submittal, p. 5.
\8\ In particular, CARB wanted to assure consistency with the
South Coast Air Quality Management District, which planned to use
2012 data for its base year inventory. See Supplemental
Documentation.
\9\ Ibid.
\10\ Submittal, pp. 5-6.
---------------------------------------------------------------------------
Table 1 summarizes the 2012 EIs for the Calaveras County, Chico
(Butte County), Eastern SLO and San Francisco Bay Area NAAs for
nitrogen oxides (NOX) and volatile organic compound (VOC)
emissions.\11\
---------------------------------------------------------------------------
\11\ Ibid., pp. 7-35.
Table 1--2012 Average Summer Day Emission Inventories (tpd)
----------------------------------------------------------------------------------------------------------------
Category NOX % of total VOC % of total
----------------------------------------------------------------------------------------------------------------
Calaveras County
----------------------------------------------------------------------------------------------------------------
Stationary Sources.............................. 0.12 5 0.23 4
Area-wide Sources............................... 0.09 3 1.82 33
On-road Mobile.................................. 1.70 64 1.03 19
Other Mobile.................................... 0.75 28 2.49 45
---------------------------------------------------------------
Total *..................................... 2.66 100 5.56 100
----------------------------------------------------------------------------------------------------------------
Chico (Butte County)
----------------------------------------------------------------------------------------------------------------
Stationary Sources.............................. 2.03 12 2.08 15
Area-wide Sources............................... 0.67 4 4.81 34
On-road Mobile.................................. 7.06 40 3.32 23
Other Mobile.................................... 7.79 44 4.00 28
---------------------------------------------------------------
Total *..................................... 17.54 100 14.21 100
----------------------------------------------------------------------------------------------------------------
San Francisco Bay Area
----------------------------------------------------------------------------------------------------------------
Stationary Sources.............................. 41.33 14 62.13 23
Area-wide Sources............................... 7.99 3 68.37 26
On-road Mobile.................................. 151.65 52 74.02 28
Other Mobile.................................... 88.55 31 59.98 23
---------------------------------------------------------------
Total *..................................... 289.51 100 264.50 100
----------------------------------------------------------------------------------------------------------------
Eastern SLO
----------------------------------------------------------------------------------------------------------------
Stationary Sources.............................. 0.17 25 0.10 21
Area-wide Sources............................... 0.00 0 0.16 33
On-road Mobile.................................. 0.37 54 0.17 35
Other Mobile.................................... 0.14 21 0.05 10
---------------------------------------------------------------
Total *..................................... 0.68 100 0.48 100
----------------------------------------------------------------------------------------------------------------
* Differences due to rounding. Excludes biogenic emissions.
1. Stationary Source Emissions
CARB estimates stationary point source emissions based on annual
reports submitted by the local air districts. The local air districts
are responsible for working with facility operators to compile
estimates, using source testing, direct measurement or engineering
calculations. CARB estimates emissions from smaller point sources, such
as gasoline dispensing facilities and residential water heaters, as a
group and reports them in a single source category. CARB groups
stationary point source emissions into the following categories: Fuel
combustion, waste disposal, cleaning and surface coatings, petroleum
production and marketing, and industrial processes.\12\
---------------------------------------------------------------------------
\12\ Submittal, pp. 7-35. Fuel combustion subcategories:
Electric utilities, cogeneration, oil and gas production
(combustion), manufacturing and industrial, food and agricultural
processing, service and commercial, other (fuel combustion). Waste
disposal subcategories: Sewage treatment, incinerators, other (waste
disposal). Cleaning and surface coatings subcategories: Laundering,
degreasing, coatings and related process solvents, printing,
adhesives and sealants. Petroleum productions and marketing
subcategories: Oil and gas production, petroleum marketing, other
(petroleum production and marketing). Industrial processes
subcategories: Food agriculture, mineral processes, metal processes,
wood and paper, other (industrial processes).
---------------------------------------------------------------------------
[[Page 72000]]
CARB describes the methodologies it uses for smaller point sources
in the EI Supplemental Documentation. For example, while CARB reports
most of the food and agricultural processing emission sources as
individual point sources, CARB estimates the exhaust emissions from
agricultural irrigation pumps from a model developed by CARB staff. The
EI Supplemental Documentation provides a link to the methodology
used.\13\ The model uses United States Department of Agriculture (USDA)
engine population estimates, emission factors, average annual use in
hours, average brake horsepower of engine and average engine load
factors.\14\
---------------------------------------------------------------------------
\13\ Attachment 2, Appendix D, Emission Inventory Methodology,
Agricultural irrigation Pumps--Diesel (Updated August 2006),
available at https://www.arb.ca.gov/regact/agen06/attach2.pdf
\14\ EI Supplemental Documentation, pp. 11-12.
---------------------------------------------------------------------------
2. Area-Wide Source Emissions
CARB's area-wide source inventories include categories where
emissions take place over a wide geographic area, such as consumer
products, residential fuel combustion and farming operations. CARB
groups area-wide source emissions as either solvent evaporation or
miscellaneous processes.\15\
---------------------------------------------------------------------------
\15\ Submittal, pp. 7-35. Solvent evaporation subcategories:
Consumer products, architectural coatings and related process
solvents, pesticides/fertilizers, asphalt paving/roofing.
Miscellaneous processes subcategories: Residential fuel combustion,
farming operations, fires, manage burning and disposal, cooking.
---------------------------------------------------------------------------
CARB describes the methodologies for each area-wide source emission
category in the EI Supplemental Documentation, pages 21-29. CARB uses
various methodologies for estimating emissions from area-wide source
categories. For example, the California Department of Pesticide
Regulation (DPR) calculates pesticide emission estimates for CARB. The
DPR applies Emission Potential (EP) values from the DPR database to the
amount of grower-reported pesticide application in DPR's Pesticide Use
Report database.\16\ For the consumer products emissions estimates,
CARB conducted surveys to collect updated product and ingredient
information for approximately 360 consumer product categories, and
determined the total sales and total VOC emissions for each category
based on the survey data. CARB adjusted emissions to the 2012 base year
by using population data from the California Department of Finance
(2013).\17\ CARB bases emissions from farming operations on data from
the USDA's 2012 Census of Agriculture and emission factors for each
livestock category.\18\ CARB uses survey data and emission factors to
estimate emissions from residential wood combustion, a subcategory of
residential fuel combustion. In 2011, CARB updated its methodology for
residential wood combustion to include more recent survey data on
residential wood burning devices and consumption rates, updates to the
EPA National Emission Inventory emission factors and improved
calculation approaches.\19\
---------------------------------------------------------------------------
\16\ The EP value is the fraction of the product that is assumed
to potentially contribute to atmospheric VOC. California's pesticide
use reporting program requires that all agricultural pesticide use
must be reported monthly by growers to county agricultural
commissions, who in turn, report the data to DPR. See https://www.cdpr.ca.gov/docs/pur/purmain.htm.
\17\ CARB, Section 6.1 Consumer Products (revised April 2000),
available at https://www.arb.ca.gov/ei/areasrc/fullpdf/full6-1.pdf.
\18\ CARB, Section 7.6 Livestock Husbandry (Revised May 2004),
available at https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-6.pdf.
\19\ CARB, Section 7.1 Residential Wood Combustion (Revised
October 2015), available at https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-1_2011.pdf.
---------------------------------------------------------------------------
3. Off-Road Mobile Source Emissions
CARB has developed category-specific models for numerous off-road
(also known as ``non-road'') sources, including locomotives, ships,
industrial and construction equipment, and recreational vehicles. CARB
used the OFFROAD2007 model for categories without source-specific
models. CARB provided supplementary documentation describing the
methodologies used for the following off-road sources: Aircraft, ocean
going vessels, commercial harbor craft, recreational boats, off-road
recreational vehicles, fuel storage and handling equipment, farm
equipment and off-road equipment (i.e., transport refrigeration units,
drill rigs, cargo handling equipment, and trains).\20\ The submittal
provided emission estimates for off-road sources that reflected updates
to data models for ocean going vessels, recreational boats,
recreational vehicles, off-road equipment and farm equipment.\21\ In
addition to describing each category, CARB provides Web site links to
additional information on each methodology. These descriptions include
the type of source represented, the types and source of data used, and
the models used. For example, CARB describes ocean-going vessels (OGVs)
as commercial vessels greater than or equal to 400 feet in length or
10,000 gross tons or propelled by a marine compression ignition engine
with a displacement of greater than or equal to 30 liters per cylinder.
CARB's emission inventory includes all OGV emissions occurring within
100 nautical miles of the California coastline.
---------------------------------------------------------------------------
\20\ EI Supplemental Documentation, pp. 4-10.
\21\ See submittal p. 6.
---------------------------------------------------------------------------
4. On-Road Mobile Source Emissions
CARB estimated on-road mobile emissions from cars, light and heavy-
duty trucks, motorcycles, buses and motor homes using its Emission
Factors (EMFAC) model version 2011, which was the latest EPA-approved
version available at the time the EIs were prepared.\22\ CARB estimated
vehicle populations using registration data from the Department of
Motor Vehicles (DMV), updated in 2012.\23\ The model estimates vehicle
miles traveled (VMT) from data and mileage accrual rates from the
Bureau of Automotive Smog Check Program. CARB states that the EIs in
this submittal reflect updates to the EMFAC2011 activity parameters,
including vehicle population and activity using 2012 DMV data, vehicle
sales and survival rate estimates, fuel sales from the Board of
Equalization, and updates to mileage accrual rates using Smog Check
data. CARB adjusted the default VMT regional allocations using the 2012
National Transportation Atlas Database. The model also reflects the
emissions benefits of CARB's 2010 Truck and Bus Regulation, the
``Pavley'' Clean Car Standards and the Low Carbon Fuel Standard. CARB
provides additional information on EMFAC at https://www.arb.ca.gov/mseimsei.htm.
---------------------------------------------------------------------------
\22\ On March 16, 2013, the EPA approved and announced the
availability of EMFAC2011 as the latest update to the EMFAC model
for use in SIP development and transportation conformity by
California state and local governments to meet CAA requirements (78
FR 14533). On December 14, 2015, the EPA announced the next revision
to EMFAC--EMFAC 2014 (80 FR 77337). CARB submitted the 2008 8-hour
ozone EI submittal after the EPA's approval of EMFAC2011 and prior
to the EPA's approval of EMFAC2014.
\23\ EI Supplemental Documentation, p. 3.
---------------------------------------------------------------------------
C. The EPA's Evaluation of the State's Submittal
1. Evaluation of Procedural Requirements
Based on the documentation included in CARB's submittal, we find
that the submittal satisfies the procedural requirements of sections
110(a)(1) and 110(l) of the Act requiring states to provide reasonable
notice and an opportunity for public hearing prior to adoption of SIP
revisions. CARB's submittal became complete by operation of law on
January 17, 2015 pursuant to section 110(k)(1)(B).
[[Page 72001]]
2. Evaluation of Base Year Inventory Requirements
The EPA has reviewed the 2012 average summer day base year EIs for
the Calaveras County, Chico (Butte County), Eastern SLO and San
Francisco Bay Area NAAs. Our review included the emission estimates for
stationary sources, area-wide sources and mobile sources. We find that
CARB's selection of 2012 as the base year was appropriate for these
areas because 2012 was the most recent calendar year for which a
consistent and comprehensive statewide inventory was available.\24\ The
submittal and EI Supplemental Documentation provide sufficient
information and explanation to allow the EPA to make a determination on
the acceptability of the EIs. Accordingly, we conclude that the EIs
constitute a comprehensive, accurate, current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the relevant NAAs, as required under the CAA and SRR (40
CFR 51.1100(bb), see also CAA section 172(c)(3)).
---------------------------------------------------------------------------
\24\ We also note that, because the State is not required to
submit an RFP plan for Marginal areas, the requirement for the
inventory year selected to be consistent with the baseline year for
the RFP plan is not relevant to these areas.
---------------------------------------------------------------------------
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted EIs for the Calaveras County, Chico (Butte
County), San Luis Obispo County (Eastern SLO) and San Francisco Bay
Area NAAs because we believe they fulfill all relevant requirements. We
do not think anyone will object to this approval, so we are finalizing
it without proposing it in advance. However, in the Proposed Rules
section of this Federal Register, we are simultaneously proposing
approval of the same submitted EIs. If we receive adverse comments by
November 18, 2016, we will publish a timely withdrawal in the Federal
Register to notify the public that the direct final approval will not
take effect and we will address the comments in a subsequent final
action based on the proposal. If we do not receive timely adverse
comments, the direct final approval will be effective without further
notice on December 19, 2016.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 72002]]
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(481) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(481) The following revision was submitted on July 17, 2014 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) California Air Resources Board, Staff Report, ``8-Hour Ozone
State Implementation Plan Emission Inventory Submittal,'' release date:
May 23, 2014, excluding the tables of 2012 average summer daily
emissions (tons per day) other than the tables for Chico (Butte
County), San Luis Obispo County (Eastern San Luis Obispo), Calaveras
County, and San Francisco Bay Area.
* * * * *
[FR Doc. 2016-25164 Filed 10-18-16; 8:45 am]
BILLING CODE 6560-50-P
