Federal Register: November 22, 2010 (Volume 75, Number 224)
DOCID: fr22no10-19 FR Doc 2010-29235
ENVIRONMENTAL PROTECTION AGENCY
Treasury Department
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R09-OAR-2009-0366; FRL-9229-3]
NOTICE: Part III
DOCID: fr22no10-19
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Approval and Promulgation of Implementation Plans; State of California; 2007 South Coast State Implementation Plan for 1997 Fine Particulate Matter Standards; 2007 State Strategy; PM[ihel2]
DATES: Any comments must arrive by January 21, 2011.
DOCUMENT SUMMARY:
EPA is proposing to approve in part and disapprove in part
State implementation plan (SIP) revisions submitted by the State of
California to provide for attainment of the 1997 annual and 24hour
PM
SUMMARY:
Environmental Protection Agency
SUPPLEMENTAL INFORMATION
Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.
Table of Contents
I. The PM
II. California's State Implementation Plan Submittals to Address
PM
A. California's SIP Submittals
1. 2007 South Coast AQMP
2. 2007 State Strategy
3. Additional SIP Submittal Related to Motor Vehicle Emissions Budgets (Budgets)
B. CAA Procedural and Administrative Requirements for SIP Submittals
III. CAA and Regulatory Requirements for PM
IV. Review of the South Coast 2007 AQMP and the South Coast Portion of the Revised 2007 State Strategy
A. Summary of EPA's Proposed Actions
B. Emission Inventories
1. Requirements for Emission Inventories
2. Emission Inventories in the South Coast 2007 AQMP
3. Proposed Action on the Emission Inventories
C. Reasonably Available Control Measures (RACM)/Reasonably Available Control Technology (RACT) and Adopted Control Strategy
1. Requirement for RACM/RACT
2. RACM/RACT Demonstration in the SIP
a. District's RACM/RACT Analysis and Adopted Control Strategy
b. CARB's RACM Analysis and Adopted Control Strategy
c. The Local Jurisdiction's RACM Analysis
3. Proposed Actions on RACM/RACT Demonstration and Adopted Control Strategy
D. Attainment Demonstration
1. Requirements for Attainment Demonstration
2. Air Quality Modeling in the South Coast 2007 AQMP
3. PM
4. Extension of the Attainment Date
[[Page 71295]]
5. Attainment Demonstration
a. Enforceable Commitments
i. The Commitments Do Not Represent a Limited Portion of Required Reductions
ii. The State Is Capable of Fulfilling Its Commitment
iii. The Commitment Is for a Reasonable and Appropriate Period of Time
b. Federal Reductions
6. Proposed Action on the Attainment Demonstration
E. Reasonable Further Progress Demonstration
1. Requirements for RFP
2. RFP Demonstration in the South Coast 2007 AQMP
3. Proposed Action on the RFP Demonstration
F. Contingency Measures
1. Requirements for Contingency Measures
2. Contingency Measures in the South Coast 2007 AQMP
3. Proposed Action on the Contingency Measures
G. Motor Vehicle Emissions Budgets for Transportation Conformity
H. MidCourse Review
V. EPA's Proposed Actions
A. EPA's Proposed Approvals and Disapprovals
B. CAA Consequences of a Final Disapproval
VI. Statutory and Executive Order Reviews
I. The PM[bdi2]
On July 18, 1997 (62 FR 36852), EPA established new national
ambient air quality standards (NAAQS) for PM
PM
Epidemiological studies have shown statistically significant
correlations between elevated PM
PM
PM
Following promulgation of a new or revised NAAQS, EPA is required
by CAA section 107(d) to designate areas throughout the United States
as attaining or not attaining the NAAQS. On January 5, 2005, EPA published initial air quality designations for the 1997
PM
EPA designated the ``Los AngelesSouth Coast Air Basin'' area
(South Coast nonattainment area), including Orange County, the
southwestern twothirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County as nonattainment for
both the 1997 24hour and the annual PM
\1\ On October 17, 2006, EPA strengthened the 24hour
PM
Ambient annual PM
nonattainment area. The design value is the three year average of
annual means of a single monitoring site. (See 40 CFR 50 Appendix N Section 1(c)(1)).
II. California's State Implementation Plan Submissions to Address
PM[bdi2]
A. California's SIP Submittals
Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a State implementation plan (SIP)
under title 1, part D of the CAA. This SIP must include, among other
things, a demonstration of how the NAAQS will be attained in the
nonattainment area as expeditiously as practicable, but no later than
the date required by the CAA. Under CAA section 172(b), a State has up
to three years after an area's designation to nonattainment to submit
its SIP to EPA. For the 1997 PM
California has made several SIP submittals to address
PM
1. 2007 South Coast AQMP
On November 28, 2007, the California Air Resources Board (CARB or
State) submitted the ``Final 2007 Air Quality Management Plan, June
2007.'' \3\ This Plan was adopted by the District on June 1, 2007 and submitted to CARB on October 24, 2007.\4\ The South Coast
[[Page 71296]]
2007 AQMP includes a PM
\3\ The South Coast 2007 AQMP is the first South Coast Plan to
address PM
nonattainment area was our partial approval and partial disapproval
of the 2003 AQMP (See 74 FR 10176, March 10, 2009). Because the
District prepares integrated plans that address multiple pollutants, and also controls VOC and NO
PM
\5\ While the attainment date for PM
2. 2007 State Strategy
To demonstrate attainment, the South Coast 2007 AQMP relies in part
on measures in the 2007 State Strategy. The 2007 State Strategy was
adopted by CARB on September 27, 2007 and submitted to EPA on November
16, 2007.\6\ It discusses CARB's overall approach to addressing, in conjunction with local plans, attainment of both the 1997
PM
\6\ See CARB Resolution No. 0728, September 27, 2007 with
attachments and letter from James N. Goldstene, Executive Officer,
CARB, to Wayne Nastri, Regional Administrator, EPA Region 9, November 16, 2007 with enclosures.
\7\ The 2007 State Strategy also includes measures to be
implemented by the California Bureau of Automotive Repair (Smog
Check improvements) and the California Department of Pesticide
Regulation (VOC reductions from pesticide use). See 2007 State
Strategy, p. 6465 and CARB Resolution 728, Attachment B, p. 8.
On August 12, 2009, CARB submitted the ``Status Report on the State Strategy for California's 2007 State Implementation Plan (SIP) and Proposed Revision to the SIP Reflecting Implementation of the 2007 State Strategy'', dated March 24, 2009, adopted April 24, 2009 (``2009 State Strategy Status Report''),\8\ which updates the 2007 State Strategy to reflect its implementation during 2007 and 2008. \8\ See CARB Resolution No. 0934, April 24, 2009 and letter, James N. Goldstene, Executive Officer, CARB to Wayne Nastri, Regional Administrator, EPA Region 9, August 12, 2009 with enclosures. Only pages 1127 of the 2009 State Strategy Status Report are submitted as a SIP revision. The balance of the report is for informational purposes only. See Attachment A to CARB Resolution No. 0934.
In today's proposal, we are evaluating only those portions of the
2007 State Strategy as revised in 2009 \9\ that are relevant for
attainment of the 1997 PM
3. Additional SIP Submittal Related to Motor Vehicle Emissions Budgets (Budgets)
In addition to the SIP submittals for the 1997 PM
B. 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 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.
Both the District and CARB have satisfied applicable statutory and regulatory requirements for reasonable public notice and hearing prior to adoption and submittal of the South Coast 2007 AQMP. The District conducted public workshops, provided public comment periods, and held public hearings prior to the adoption of the South Coast 2007 AQMP on June 1, 2007 (District Governing Board Resolution No. 079). CARB provided the required public notice and opportunity for public comment prior to its September 27, 2007 public hearing on the plan. See CARB Resolution No. 0741.
CARB conducted public workshops, provided public comment periods, and held a public hearing prior to the adoption of the 2007 State Strategy on September 27, 2007. (CARB Resolution No. 0728). CARB also provided the required public notice, opportunity for public comment, and a public hearing prior to its April 24, 2009 adoption of the 2009 State Strategy Status Report. See CARB Resolution 0934, April 24, 2009.
The SIP submittals include proof of publication for notices of the District and CARB public hearings, as evidence that all hearings were properly noticed. We therefore find that the submittals meet the procedural requirements of CAA sections 110(a) and 110(l).
CAA section 110(k)(1)(B) requires EPA to determine whether a SIP submittal is complete within 60 days of receipt. This section also provides that any plan that EPA has not affirmatively determined to be complete or incomplete will become complete 6 months after the date of submittal by operation of law. EPA's SIP completeness criteria are found in 40 CFR part 51, Appendix V.
The South Coast 2007 AQMP became complete by operation of law on
May 28, 2008. The November 16, 2007 submission of the 2007 State
Strategy and the 2009 revisions to the Strategy became complete by
operation of law on May 16, 2008 and February 12, 2010, respectively.
III. CAA and Regulatory Requirements for PM[bdi2]
EPA is implementing the PM
[[Page 71297]]
the availability and feasibility of controls. EPA designated the South
Coast as a nonattainment area effective April 5, 2005, and thus the
applicable attainment date is no later than April 5, 2010 or, should
EPA grant a full fiveyear extension, no later than April 5, 2015.
Section 172(c) contains the general statutory planning requirements applicable to all nonattainment areas, including the requirements for emissions inventories, RACM/RACT, attainment demonstrations, RFP demonstrations, and contingency measures.
On April 25, 2007, EPA issued the Clean Air Fine Particle
Implementation Rule for the 1997 PM
\10\ In June 2007, a petition to the EPA Administrator was filed
on behalf of several public health and environmental groups requesting reconsideration of four provisions in the
PM
respectively. On May 13, 2010, EPA granted the petition with respect
to the fourth issue. Letter, Gina McCarthy, EPA, to David Baron and
Paul Cort, Earthjustice, May 13, 2010. EPA is currently considering the other issues raised in the petition.
Neither the District nor the State relied on the first, third,
or fourth of these provisions in preparing the South Coast 2007 AQMP
or 2007 State Strategy. The District has deferred CPM limits in its
rules. EPA does not believe that this deferral adversely affects the
Plan's RACT or expeditious attainment demonstrations. See section
II.D.3 of the TSD for this proposal. EPA will evaluate any rule
adopted or revised by the District after January 1, 2011 to assure that it appropriately addresses CPM.
IV. Review of the South Coast 2007 AQMP and the South Coast Portion of the 2007 State Strategy
A. Summary of EPA's Proposed Actions
EPA is proposing to approve in part and disapprove in part those
portions of the South Coast 2007 AQMP and those portions of the 2007
State Strategy as revised in 2009 specific to the 1997 PM
We are proposing to disapprove the attainment demonstration, RACM/
RACT analysis, RFP demonstration, and California's request to extend
the attainment date to 2015 as not meeting the applicable requirements
of the CAA and the PM
EPA's analysis and findings are summarized below and are described
in more detail in the technical support document (TSD) for this
proposal, which is available on line at http://www.regulations.gov in
the docket for this proposal (EPAR09OAR20090366), or from the EPA contact listed at the beginning of this notice.
B. Emissions Inventories
1. Requirements for Emissions Inventories
CAA section 172(c)(3) requires states to submit a ``comprehensive,
accurate, current inventory of actual emissions from all sources of the
relevant pollutant.'' The PM
demonstration. 40 CFR 51.1008(a)(1) and (2).
\11\ The District controls sulfur oxides (SO
A baseline emission inventory is required for the attainment
demonstration and for meeting RFP requirements. As determined on the
date of designation, the base year for this inventory should be the
most recent calendar year for which a complete inventory was required
to be submitted to EPA. The baseline emission inventory for calendar
year 2002 or other suitable year should be used for attainment planning
and RFP plans for areas initially designated nonattainment for the PM
EPA has provided additional guidance for PM
2. Emissions Inventories in the South Coast 2007 AQMP
The baseline planning inventories for direct PM
Appendix III of the South Coast 2007 AQMP. Average annual day baseline
inventories are provided for the years 2002, 2005 (the reference year
for the air quality modeling) and for the years 2008, 2010, 2011, and
2014. The baseline inventories incorporate reductions from federal,
state, and District measures adopted prior to 2007 (``baseline
measures''). South Coast 2007 AQMP, page 31. The District also provided both summer and winter planning inventories for
PM
Table 1 is a summary of the average annual day inventories for
directlyemitted PM
2005 2014 2005 2014 2005 2014 2005 2014 2005 2014
Stationary/Areawide Sources..... 87 71 259 260 58 63 22 17 75 68
Onroad Mobile Sources.......... 526 287 264 159 20 17 4 2 29 15
Offroad Mobile Sources......... 360 293 208 157 22 18 37 25 n/a n/a
Total....................... 972 650 731 566 101 98 63 45 104 83 \a\ Numbers may not add due to rounding.
As a starting point for the South Coast 2007 AQMP's inventories,
the District used CARB's 2002 base year inventory. An example of this
inventory and CARB's documentation for its inventories can be found in
Appendices A and F, respectively, of the 2007 State Strategy. The 2002
inventory for the South Coast nonattainment area was projected to 2005
and future years using CARB's California Emission Forecasting and
Planning Inventory System (CEFIS). South Coast 2007 AQMP, Appendix III,
page III11. Both base year and baseline inventories use the current
version of California's mobile source emissions model approved by EPA
for use in SIPs, EMFAC2007 V2.3, for estimating onroad motor vehicle
emissions. 73 FR 3464 (January 18, 2008). Offroad inventories were
developed using the CARB offroad model. Ammonia emissions estimates were provided separately by the District.\12\
\12\ Electronic mail from Kathy Hsiao, SCAQMD to Wienke Tax, EPA
Region 9, RE: NH3 numbers for SCAB, dated October 29, 2010. 3. Proposed Action on the Emission Inventories
We have reviewed the emissions inventories in the South Coast 2007
AQMP and the inventory methodologies used by the District and CARB for
consistency with CAA requirements, the PM
C. Reasonably Available Control Measures (RACM)/Reasonably Available Control Technology (RACT) and Adopted Control Strategy
1. Requirements for RACM/RACT
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 defines RACM as measures that a State finds
are both reasonably available and contribute to attainment as
expeditiously as practicable in its nonattainment area. Thus, what
constitutes RACM/RACT in a PM
For PM
[[Page 71299]]
RACM/RACT, consider the cumulative impact of implementing the available
measures and adopt as RACM/RACT any potential measures that are
reasonably available considering technological and economic feasibility
if, considered collectively, they would advance the attainment date by
one year or more. Any measures that are necessary to meet these
requirements that are not already either federally promulgated, part of
the state's SIP, or otherwise creditable in SIPs must be submitted in
enforceable form as part of a state's attainment plan for the area. 72 FR 20586, at 20614.
A more comprehensive discussion of the RACM/RACT requirement for
PM
2. RACM/RACT Demonstration in the SIP
CARB and the District have rulemaking processes for development,
adoption and implementation of RACM/RACT that have been in place for
decades. Many of the measures being implemented in California and the
South Coast nonattainment area are the most stringent in the nation and
are often adopted for implementation in other areas. In addition, the
State and District have adopted new measures since 2002, the base year
for the South Coast 2007 AQMP, and included enforceable commitments for
measures that are scheduled to be adopted in the future. The RACM/RACT
analysis for the South Coast 2007 AQMP includes an evaluation of the
State's, District's, and the Southern California Association of
Governments' (SCAG's) new stationary, area and mobile sources measures
that have been adopted since the base year and those that are being
committed to for adoption in the future. See CARB Staff Report,
``Proposed 2007 State Implementation Plan for the South Coast Air
BasinPM
The District's RACM/RACT analysis, which focuses on stationary and area source controls, is described in Chapter 6 and Appendix VI of the South Coast 2007 AQMP.
Since the 1970s, the District has adopted stationary source control
rules that have resulted in significant improvement of air quality in
the South Coast nonattainment area. When command and control rules were
no longer within the limitations of economic efficiency, the District
began using economic incentive approaches with programs such as the
Regional Clean Air Incentives Market (RECLAIM) and the Carl Moyer
program.\13\ While the District still relies on command and control
regulations, the District's control strategies are now supplemented by
market incentive and compliance flexibility approaches where
appropriate. These regulations and strategies have yielded significant
emissions reductions from sources under the District's jurisdiction. In
developing the South Coast 2007 AQMP, the District conducted a process
to identify RACM for the South Coast that involved public meetings to
solicit input, evaluation of EPA suggested RACM and RACT, and
evaluation of other air agencies' regulations. See South Coast 2007 AQMP, Appendix VI.
\13\ The Carl Moyer Memorial Air Quality Standards Attainment
Program (``Carl Moyer Program'') provides incentive grants for
engines, equipment and other sources of pollution that are cleaner
than required, providing early or extra emission reductions.
Eligible projects include cleaner onroad, offroad, marine,
locomotive and stationary agricultural pump engines. The program
achieves nearterm reductions in emissions of NO
To determine which measures would be feasible for the South Coast,
the District looked at measures implemented in other nonattainment
areas' plans (including the San Joaquin Valley, the San Francisco Bay
Area, Sacramento, Ventura, DallasFort Worth, the HoustonGalveston
area, and by the Lake Michigan Air Directors Consortium, or LADCO), and
held meetings with CARB, technical experts, local government
representatives, and the public during development of the South Coast
2007 AQMP. The District sponsored an AQMP summit, which generated 200
potential control measures. In addition, the District reviewed the list
of control measures in EPA's PM
In general, EPA believes that the District's current rules and
regulations are equivalent to or more stringent with respect to
emissions of PM
Based on its RACM/RACT evaluation for stationary and area sources under its jurisdiction, the District developed 37 stationary source control measures that contained all measures included in other districts' AQMPs, as well as some new innovative measures. The District determined that the few available measures that District staff did not include would not advance the attainment date or contribute to RFP due to the insignificant or unquantifiable emissions reductions they would potentially generate. Since submittal of the AQMP in 2007, the District has completed action on the majority of these rules and submitted them to EPA for approval into the SIP.
From October 2002 through June 2006, the District adopted
approximately 17 rules to address its commitment to achieve the
reductions committed to in the 2003 AQMP for the South Coast. These
rules included controls on VOC emissions from refineries and chemical
plants, cocomposting operations, architectural coatings, solvent
cleaning operations, oil and gas production wells, and livestock waste.
Many of the adopted rules achieved more estimated reductions in VOC,
NO
[[Page 71300]]
In addition to the rules adopted for 2003 AQMP, the District has
also made new commitments in its South Coast 2007 AQMP to achieve
further reductions from VOC, NO
Finally, EPA notes that since the adoption of the South Coast 2007
AQMP, the District has already adopted and submitted several new rules
that help fulfill the District's enforceable commitments for additional
emission reductions of NO
BILLING CODE 656050P
[[Page 71301]]
[GRAPHIC] [TIFF OMITTED] TP22NO10.021
BILLING CODE 656050C
Table 3Submittal and Approval Status of District Rules in the 2007 PM[ihel2].[ihel5] Plan
Rule 445Woodburning fireplaces and SIPapproved........... 74 FR 27716, 6/11/09. wood stoves.
Rule 1144Vanishing oils and rust SIPapproved........... 75 FR 40726, 07/14/10. inhibitors.
Rule 1143Consumer Paint Thinners Not yet submitted New rule; no previous version approved into the
and MultiPurpose Solvents. adopted 07/09/10. SIP; District is revising rule.
Rule 1145Plastic, Rubber, Leather SIPapproved........... 75 FR 40726, 07/14/10. and Glass Coatings.
Rule 1147NOX reductions from SIPapproved........... 75 FR 46845, 08/04/10. miscellaneous sources.
Rule 2002Further SOX reductions Not yet adopted........ Most recent approval 08/29/06, 71 FR 51120. from RECLAIM.
Rule 1111Further NOX reductions SIPapproved........... 75 FR 46845, 08/04/10. from space heaters.
Rule 1110.2Liquid and gaseous SIPapproved........... 74 FR 18995, 4/27/09. fuelsstationary ICEs.
Rule 1146NOX from industrial, Submitted.............. Most recent approval04/08/02, 67 FR 16640. institutional, commercial boilers,
steam generators, and process
heaters.
Rule 1146.1NOX from small Submitted.............. Most recent approval09/06/95, 60 FR 46220. industrial, institutional,
commercial boilers, steam
generators, and process heaters.
Rule 1127Livestock Waste........... Submitted to EPA on 10/ Found complete on 10/25/06. 05/06.
Refinery Pilot Program............... Not yet adopted........ N/A. [[Page 71302]]
Rule 2301Indirect Source Review.... Not yet adopted........ N/A.
Carl Moyer program................... No rule associated with Ongoing. this measure.
AB923 Light duty vehicle high emitter No rule associated with N/A. program. this measure.
AB923 Light duty vehicle high emitter No rule associated with N/A. program. this measure.
b. CARB's RACM Analysis and Adopted Control Strategy
Source categories for which CARB has primary responsibility for reducing emissions in California include most new and existing on and offroad engines and vehicles, motor vehicle fuels, and consumer products. In addition, California has unique authority under CAA section 209 (subject to a waiver by EPA) to adopt and implement new emission standards for many categories of onroad vehicles and engines, and new and inuse offroad vehicles and engines.
Given the need for significant emissions reductions from mobile and
area sources to meet the NAAQS in California nonattainment areas, the
State of California has been a leader in the development of some of the
most stringent control measures nationwide for onroad and offroad
mobile sources and the fuels that power them. These standards have
reduced new car emissions by 99 percent and new truck emissions by 90
percent from uncontrolled levels. 2007 State Strategy, p. 37. The State
is also working with EPA on goods movement activities and is
implementing programs to reduce emissions from ship auxiliary engines,
locomotives, harbor craft and new cargo handling equipment. In
addition, the State has standards for lawn and garden equipment,
recreational vehicles and boats, and other offroad sources that
require newly manufactured equipment to be 8098% cleaner than their
uncontrolled counterparts. Id. Finally, the State has adopted many
measures that focus on achieving reductions from inuse mobile sources
that include more stringent inspection and maintenance (I/M) or ``Smog
Check'' requirements, truck and bus idling restrictions, and various
incentive programs. Since 1994 alone, the State has taken more than 45
rulemaking actions and achieved most of the emissions reductions needed
for attainment in the State's nonattainment areas. See 2007 State
Strategy, pp. 3640. As is noted in the 2007 State Strategy, EPA has
approved California's mobile source program as representing best
available control measures. See 2007 State Strategy, Appendix G, 69 FR
5412 (February 4, 2004), 69 FR 30006 (May 26, 2004) (proposed and final approval of San Joaquin Valley PM
CARB developed its proposed 2007 State Strategy after an extensive
public consultation process to identify potential SIP measures.\15\
From this process, CARB identified and committed to propose 15 new
defined measures. These measures focus on cleaning up the inuse fleet
as well as increasing the stringency of emissions standards for a
number of engine categories, fuels, and consumer products. Many, if not
most, of these measures are being proposed for adoption for the first
time anywhere in the nation. They build on CARB's already comprehensive
program described above that addresses emissions from all types of
mobile sources and consumer products, through both regulations and
incentive programs. See Appendix A of the TSD. Table 4 below lists the
new defined measures in the 2007 State Strategy that include one
measure each from the California Bureau of Automotive Repair and the California Department of Pesticide Regulation.
\15\ More information on this public process including
presentations from the workshops and symposium that proceeded the
adoption of the 2007 State Strategy can be found at http:// www.arb.ca.gov/planning/sip/2007sip/2007sip.htm.
Table 42007 State Strategy Defined Measures Scheduled for Consideration and Current Status
Primary area (SC and/or
Defined state measure SJV) Adoption year Current status
Smog Check Improvements............... Both..................... 20072008............... Elements approved 75 FR 38023 (July 1, 2010).
Expanded Vehicle Retirement........... Both..................... 20082014............... Adopted CARB June 2009; Bureau of Automotive Repair
September 2010.
Revisions to Reformulated Gasoline Both..................... 2007.................... Approved, See 75 FR 26653 (May 2, 2010). Program.
Cleaner Inuse Heavy Duty Trucks...... Both..................... 2008.................... Adopted 2008, pending revisions.
Auxiliary Ship Cold Ironing and Other SC....................... 20072008............... Adopted December 2007. Clean Technologies.
Cleaner Main Ship Engines and Fuels... SC....................... Fuel: 2007, Engines: Adopted July 2007.
2009.
Port Truck Modernization.............. SC....................... 20072008............... Adopted December 2007 and December 2008.
Accelerated Introduction of Cleaner Both..................... 20072008............... In progress. Locomotives.
Clean Up Existing Harbor Crafts....... SC....................... 2007.................... Adopted November 2007, revised June 2010.
Cleaner InUse OffRoad Engines....... Both..................... 2007.................... Adopted 2007, pending revisions.
Cleaner InUse Agricultural Equipment. SJV...................... 2009.................... In progress using incentive funds.
New Emissions Standards for Both..................... 20092010............... Partial adoption, 2008; additional regulation in public
Recreational Boats. review. [[Page 71303]]
Expanded OffRoad Recreational Vehicle Both..................... By 2010................. Adopted November 2008. Emissions Standards.
Enhanced Vapor Recovery for Above Both..................... 2007.................... Adopted June 2007. Ground Storage Tanks.
Additional Evaporative Emissions Both..................... By 2010................. Partial adoption, 2008. Standards.
Consumer Products Program (I & II).... Both..................... 2008 & 20102012........ Phase IApproved 74 FR 57074 (November 4, 2009).
Department of Pesticide Regulation.... SJV...................... 2008.................... Adopted 2008, amended 2009.
SC = South Coast nonattainment area; SJV = San Joaquin Valley. Source: 2009 State Strategy Status Report, p. 23 (footnotes in original not included).
Appendix A of the TSD includes a list of all measures adopted by CARB between 1990 and the beginning of 2007. These measures, reductions from which are reflected in the South Coast 2007 AQMP's baseline inventories, fall into two categories: Measures that are subject to a waiver of Federal preemption under CAA section 209 (``section 209 waiver measures'' or ``waiver measures'') and those for which the State is not required to obtain a waiver (``nonwaiver measures''). Emissions reductions from waiver measures are fully creditable in attainment and RFP demonstrations and may be used to meet other CAA requirements, such as contingency measures. See EPA's proposed approval of the San Joaquin Valley 1hour ozone plan at 74 FR 33933, 33938 (July 14, 2009) and final approval at 75 FR 10420 (March 8, 2010). The State's baseline nonwaiver measures have generally all been approved by EPA into the SIP and as such are fully creditable for meeting CAA requirements.
In addition to the State's commitments to propose defined new
measures, the 2007 State Strategy includes enforceable commitments for
direct PM
As mentioned above, CARB's commitment is also to propose specific
new measures that are identified and defined in the 2007 Strategy
State. See 2007 State Strategy, pp. 6465 and 2009 State Strategy
revisions, pp. 2223. Table 5 below lists these defined measures. As
shown in this table, the State has adopted many of the measures.
Table 5Expected Emissions Reductions from Defined Measures in the 2007 State Strategy for the South Coast
(2014 Tons per Day)
2014 Direct
Measure 2014 NOX 2014 VOC PM2.5 2014 SOX
Smog Check Improvements (BAR) [partial]......... 2.0 4.1 .............. ..............
Modifications to Reformulated Gasoline Program.. .............. 4.4 .............. ..............
Cleaner InUse HeavyDuty Trucks................ 59.7 5.0 3.5 ..............
Ship Auxiliary Engine Cold Ironing & Clean 25.4 0.1 0.5 0.3 Technology.....................................
Cleaner Main Ship Engines and Fuel [fuel portion 1.3 .............. 1.9 17.0 only]..........................................
Clean Up Existing Harbor Craft.................. 2.4 0.1 0.1 ..............
Cleaner InUse OffRoad Equipment (> 25hp)...... 10.5 2.7 2.6 ..............
Consumer Products Program [partial]............. .............. 1.8 .............. ..............
Totals.......................................... 101.3 18.2 8.6 17.3
Source: 2009 CARB Staff Report on the State Strategy, p. 5. Only defined measures with reductions in the South Coast nonattainment area are shown here.
c. The Local Jurisdiction's RACM Analysis
The local jurisdiction's RACM analysis was conducted by the
metropolitan planning organization (MPO) for the South Coast region,
the Southern California Association of Governments (SCAG). This
analysis, which focused on transportation control measures (TCMs), and
its results are described in Appendix IVC of the South Coast 2007
AQMP. The TCMs in the South Coast 2007 AQMP are derived from TCM
projects in the 2006 SCAG Regional Transportation Improvement Program
(RTIP). This evaluation, described beginning on page 49 of Appendix IV
C of the South Coast 2007 AQMP, resulted in extensive local government commitments to implement
[[Page 71304]]
programs to reduce auto travel and improve traffic flow. South Coast
2007 AQMP page 66 and Appendix IVC. SCAG also provided reasoned
justifications for any measures that it did not adopt. Attachment A to
Appendix IVC contains an extensive list of TCMs in process and newly
programmed TCMs. The enforceable commitment from SCAG and the
transportation agencies was to fund and implement projects in the first
two years of the 2006 Regional Transportation Improvement Program (RTIP).
3. Proposed Actions on RACM/RACT and Adopted Control Strategy
Under the PM
Because they will strengthen the California SIP, we are proposing to approve the District's commitments to the adoption and
implementation schedule for specific control measures given in Table 7
3 in the South Coast 2007 AQMP, to the extent that these commitments
have not yet been fulfilled, and to achieve specific aggregate
emissions reductions of direct PM
We are also proposing to approve, as a SIP strengthening measure,
CARB's commitments to propose certain defined measures, as given on
page 23 of the 2009 State Strategy Status Report, to achieve aggregate
emissions reductions of 152 tpd NO
1. Requirements for Attainment Demonstrations
CAA section 172 requires a State to submit a plan for each of its
nonattainment areas that demonstrates attainment of the applicable
ambient air quality standard as expeditiously as practicable but no
later than the specified attainment date. Under the PM
PM
(2) analyses of future year emissions reductions and air quality
improvement resulting from alreadyadopted national, State, and local
programs and from potential new State and local measures to meet the RACT, RACM, and RFP requirements in the area;
(3) adopted emissions reduction measures with schedules for implementation; and
(4) contingency measures required under section 172(c)(9) of the CAA.
See 40 CFR 51.1007; 72 FR 20586, at 20605.
The requirements for the first two parts are described in the
sections on emissions inventories and RACM/RACT above and in the
sections on air quality modeling, PM
2. Air Quality Modeling in the South Coast 2007 AQMP
The procedures for modeling attainment of the PM
\16\ The guidance is available at http://www.epa.gov/ttn/scram/ guidance_sip.htm and in the docket for today's action.
Air quality modeling is used to establish emission attainment
targets, a combination of emissions of PM
The attainment demonstration for the South Coast nonattainment area
is based on the CAMx model using the ``one atmosphere'' approach
comprised of the carbon bond IV (CBIV) gas phased chemistry and a
static twomode particle size aerosol.\17\ CAMx annual average
PM
\17\ CAMx is the Comprehensive Air Quality Model with
extensions, an Eulerian photochemical dispersion model that allows
for integrated ``oneatmosphere'' assessments of gaseous and
particulate air pollution (ozone, PM
The District's attainment analysis follows EPA's guideline
technique of applying componentspecific relative response factors
(RRF) to monitored data throughout the South Coast nonattainment area.
A RRF is the ratio of the model's future to current (baseline)
predictions at a monitor. Future PM
[[Page 71305]]
monitor times the observed ``componentspecific design value''. The
future PM
EPA guidance also recommends the use of supplemental data analyses to support the air quality modeling. The District used air quality trends and emission inventory trends as ``weight of evidence'' to support the air qualit
FOR FURTHER INFORMATION CONTACT
Wienke Tax, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region IX, (415) 9474192, tax.wienke@epa.gov