Approval and Promulgation of State Implementation Plans for Air
Quality Planning Purposes; California--South Coast and Coachella
[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Rules and Regulations]
[Page 69081-69085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-314-0483; FRL-7975-7]
Approval and Promulgation of State Implementation Plans for Air
Quality Planning Purposes; California--South Coast and Coachella
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve state implementation
plan (SIP) revisions submitted by the State of California to provide
for attainment of the particulate matter (PM-10) national ambient air
quality standards (NAAQS) in the Los Angeles-South Coast Air Basin and
the Coachella Valley Area, and to establish emissions budgets for these
areas for purposes of transportation conformity. EPA is also approving
revisions to fugitive dust regulations and ordinances for the areas.
EPA is approving these SIP revisions under provisions of the Clean Air
Act (CAA) regarding EPA action on SIP submittals, SIPs for national
primary and secondary ambient air quality standards, and plan
requirements for nonattainment areas.
DATES: This rule is effective on December 14, 2005.
ADDRESSES: You can inspect copies of the docket for this action at
EPA's Region IX office during normal business hours by appointment at
the following location: EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901. A reasonable fee may be charged for copying
parts of the docket.
Copies of the SIP materials are also available for inspection at
the following locations: California Air Resources Board, 1001 I Street,
Sacramento, California, 95812. South Coast Air Quality Management
District, 21865 E. Copley Drive, Diamond Bar, California, 91765.
The 2003 Air Quality Management Plan, which includes the South
Coast PM10 plan, is electronically available at:
http://www.aqmd.gov/aqmp/AQMD03AQMP.htm
The 2003 Coachella Valley PM10 State Implementation Plan is at:
http://www.aqmd.gov/aqmp/docs/f2003cvsip.pdf
The fugitive dust rules are at:
http://www.aqmd.gov/rules/rulesreg.html
FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, at (415)
972-3957, or jesson.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. EPA Action
IV. Administrative Requirements
I. Summary of Proposed Action
On July 28, 2005 (70 FR 43663), we proposed to approve 2003 plan
amendments for the South Coast Air Basin (or ``South Coast''), as the
plan amendments pertain to attainment of the 24-hour and annual PM-10
NAAQS.\1\ We also proposed to approve revisions to the PM-10 plan for
the Coachella Valley Planning Area (``Coachella Valley'').\2\ We
proposed to approve the plans'' PM-10 motor vehicle emissions budgets
for purposes of transportation conformity. Finally, we proposed to
approve revisions to Rules 403, 403.1, and 1186 of the South
[[Page 69082]]
Coast Air Quality Management District (SCAQMD) regulating fugitive dust
emissions, and revised fugitive dust ordinances for Coachella Valley
jurisdictions. These revisions update, improve, strengthen, and
supplement the approved SIP provisions for control of PM-10 and PM-10
precursors in the two areas.
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\1\ The nonattainment area includes all of Orange County and the
more populated portions of Los Angeles, San Bernardino, and
Riverside Counties. For a description of the boundaries of the Los
Angeles-South Coast Air Basin Area, see 40 CFR 81.305.
\2\ The Coachella Valley Planning Area is in central Riverside
County in the Salton Sea Air Basin. The boundary is defined at 40
CFR 81.305.
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Our proposal was based on the following SIP submittals by the State
of California:
(1) That portion of the 2003 South Coast Air Quality Management
Plan (``2003 South Coast AQMP''), including motor vehicle emissions
budgets, adopted by the SCAQMD on August 1, 2003, and submitted to us
on January 9, 2004, that pertains to PM-10;
(2) the 2003 Coachella Valley PM10 State Implementation Plan
(``2003 Coachella Valley Plan''), including motor vehicle emissions
budgets, adopted by the SCAQMD on August 1, 2003, and submitted to us
on January 9, 2004;
(3) revisions to Rules 403, 403.1, and 1186, adopted by SCAQMD on
April 2, 2004, and submitted by CARB on July 29, 2004;
(4) revisions to the implementation handbooks for Rules 403 and
403.1, adopted by SCAQMD on April 2, 2004, and submitted by CARB on
November 16, 2004; and
(5) revised Coachella Valley ordinances, which were adopted by the
local jurisdictions on various dates in 2003 and 2004, and submitted by
CARB on November 16, 2004.
Our proposal contains detailed information on these SIP submittals
and our evaluation of the submittals against applicable CAA provisions
and EPA policies relating to serious area PM-10 SIPs.
II. Public Comments
We received two public comments. The first comment was from SCAQMD
(e-mail from Jill Whynot, dated August 26, 2005), requesting that we
annotate Table 1 (``South Coast PM-10 Control Measures''), with a
footnote updating information on certain of the measures, and Table 2
(``South Coast Emission Reduction Commitments), with a footnote
providing an update on the implementation of measure CMB-07. We have
inserted new footnote 3 in Table 1 and new footnote 1 in Table 2,
below, as requested by SCAQMD.
With respect to the note on Table 1, the SCAQMD referenced material
provided on Agenda Item #39 for the December 3, 2004 Governing
Board meeting.\3\ The PRC-03 emission reduction commitment for under-
fired charbroilers was projected to be 0.2 tons per day (tpd) of PM-10
by 2006 and 1.0 tpd by 2010. Substitute reductions come from the
implementation of Rules 1186 and 403. The reductions in excess of the
AQMP commitment are estimated to be 0.7 tpd starting in 2005 for Rule
403 and 0.28 tpd for Rule 1186 starting in 2006, for a total of 0.98
tpd of PM-10. With growth factors applied, the reduction is estimated
to be 1.04 tpd of PM-10 in 2010. Emission reductions from these two
rules are not counted in the 2003 South Coast AQMP, and thus 0.28 tpd
in 2006 and 1.0 tpd of PM-10 reductions in 2010 may be substituted for
the SIP commitment for PRC-03. This ensures that the plan will continue
to meet the requirements for reasonable further progress and attainment.
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\3\ This supplemental information is incorporated in the Docket
for this rulemaking and it is also available electronically at:
http://www.aqmd.gov/hb/2004/041239a.html
Table 1.--South Coast PM-10 Control Measures
[Source: South Coast 2003 AQMP, Appendix IV-A]
------------------------------------------------------------------------
2006 reduction
Control measure No. Control measure title target in tons
per day
------------------------------------------------------------------------
Remaining 2002 SIP Control Measures
------------------------------------------------------------------------
CMB-07......................... Emission Reductions 2.1
from Petroleum
Refinery Flares (SOx).
CMB-09 \1\..................... Petroleum Refinery 0.1, 0
Fluid Catalytic
Cracking Units (PM-10,
NH3).
WST-01 \1\..................... Emission Reductions 4.2, 8.7
from Livestock Waste
(VOC, NH3).
WST-02 \1\..................... Emission Reductions 1.2, 1.9
from Composting (VOC,
NH3).
PRC-03 (P2).................... Emission Reductions 0.2
from Restaurant
Operations (PM-10) \3\.
--------------------------------
New Control Measures
------------------------------------------------------------------------
BCM-07 \1\..................... Further PM10 Reductions TBD
from Fugitive Dust
Sources (PM-10).
BCM-08 \1\..................... Further Emission 0.6
Reductions from
Aggregate and Cement
Manufacturing
Operations (PM-10).
MSC-04......................... Miscellaneous Ammonia TBD
Sources (NH3).
MSC-06......................... Wood-Burning Fireplaces TBD
and Wood Stoves (PM-
10).
TCB-01 \2\..................... Transportation 0
Conformity Backstop
Measure (PM-10).
------------------------------------------------------------------------
\1\ These measures have already been adopted by SCAQMD. Revisions to
Rules 403 and 1186 fulfill BCM-07; new Rule 1127 (Emission Reductions
from Livestock Waste, adopted 8/6/04) addresses WST-01; new Rule
1133.2 (Emission Reductions from Co-Composting Operations, adopted 1/
10/03) responds to WST-02 commitments; new Rule 1105.1 (Reduction of
PM-10 and Ammonia Emissions from Fluid Catalytic Cracking Units,
adopted 11/7/03) meets the CMB-09 commitment; and new Rule 1157 (PM-10
Emissions Reductions from Aggregate and Related Operations, adopted 1/
07/05) fulfills the BCM-08 commitment.
\2\ This measure, which is intended to achieve reductions in PM-10 after
the 2006 attainment date, is discussed below and in Section II.G.,
Motor Vehicle Emission Budgets.
\3\ In December 2004, the SCAQMD Governing Board made a finding at a
public hearing that further reductions for this category were
infeasible at this time. Emission reductions from Rules 403--Fugitive
Dust, and 1186--PM-10 Emissions from Paved and Unpaved Roads, and
Livestock Operations, were substituted for the emission reduction
commitments for PRC-03.
[[Page 69083]]
Table 2.--South Coast Emission Reduction Commitments--Commitments To Adopt and Implement New Measures To Achieve
Emission Reductions in Tons per Day From 2010 Planning Inventory
[Source: South Coast 2003 AQMP, Table 4-8A]
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VOC PM-10 NOX SOX\1\
Year -------------------------------------------------------------------------------
Adopt Impl Adopt Impl Adopt Impl Adopt Impl
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2004............................ 2.0 0 1.7 0 3.0 0 2.1 0
2005............................ 2.0 0 0 0.16 2.1 0 0 2.1
2006............................ 0 4.8 0 0.86 0 0 0 0
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\1\ Compliance reports from the current version of Rule 1118--Emissions from Refinery Flares, show that these
emission reductions have already been achieved since 2003. Amendments to Rule 1118 currently being developed,
and scheduled for consideration by the SCAQMD Governing Board in 2005, would maintain the current reductions
and seek additional reductions.
As noted in our proposal, the 2003 Coachella Valley Plan contains
no new control measure commitments, but relies on the adopted revisions
to Rules 403 and 403.1 and the local ordinances.
The second comment was from CARB (letter from Cynthia Marvin, dated
August 29, 2005). CARB pointed out that Table 8 (``Proposed Approvals
of South Coast and Coachella Valley PM-10 Attainment Plan Submittals'')
contains a typographical error, in referencing contingency measure CTY-
04. We have corrected this error in Table 3 (``Approvals of South Coast
and Coachella Valley PM-10 Attainment Plan Submittals'') in section III
below, by indicating that the approved contingency measure is CTY-14.
CARB also asked that we note that the 2003 South Coast AQMP
description of contingency measures CTY-01--Accelerated Implementation
of Control Measures, and TCB-01--Transportation Conformity Budget
Backstop Measure incorrectly lists CARB as an implementing agency. We
have added a new footnote 1 to Table 3 below, to indicate that these
two contingency measures do not apply to CARB.
III. EPA Action
In this document, we are finalizing the actions on the submittals
referenced above. We are approving revisions to SCAQMD Rules 403
(except for subdivision h), 403.1 (except for subdivision j), and 1186
regulating fugitive dust emissions; revisions to the implementation
handbooks for the rules (Rule 403 Implementation Handbook, Chapters 5,
7, and 8; Rule 403 Coachella Valley Agricultural Handbook; Rule 403.1
Implementation Handbook, Chapters 2, 3, 4, and 7); and revisions to the
fugitive dust ordinances for 10 Coachella Valley jurisdictions. These
revisions update, improve, strengthen, supplement, and replace the SIP
provisions for control of PM-10 and PM-10 precursors in the two areas.
We are approving the 2003 plan amendments to the 2002 SIPs for the
South Coast and Coachella Valley serious nonattainment areas, as the
plan amendments pertain to CAA provisions applicable to attainment SIPs
for the 24-hour and annual PM-10 NAAQS. Specifically, we are approving
under section 110(k)(3) the PM-10 portions of the 2003 South Coast AQMP
and the 2003 Coachella Valley Plan with respect to the CAA requirements
for emissions inventories under section 172(c)(3); control measures, as
meeting the requirements of sections 110(a), 188(e), and 189(b)(1)(B);
reasonable further progress under section 189(c)(1); contingency
measures under section 172(c)(9); demonstration of attainment under
section 189(b)(1)(A); and motor vehicle emissions budgets under section
176(c)(2)(A).
The South Coast and Coachella Valley budgets are displayed in our
proposed approval as tables 6 and 7 respectively, at 70 FR 43672. We
have previously determined that these budgets are adequate (see 69 FR
15325, March 25, 2004), following posting of the budgets on EPA's
conformity Web site: http://www.epa.gov/otaq/transp/conform/reg9sips.htm.
We show the plan approvals in Table 3--``Approvals of South Coast
and Coachella Valley PM-10 Attainment Plan Submittals.''
Table 3.--Approvals of South Coast and Coachella Valley PM-10 Attainment Plan Submittals
----------------------------------------------------------------------------------------------------------------
Plan Citation
CAA Section Provision -------------------------------------------------
South Coast Coachella Valley
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172(c)(3)............................ Emission Inventories... 2003 South Coast AQMP, 2003 Coachella Valley
Chapter 3 (Tables 3-1A Plan, Tables 2-2, 2-3,
and 3-3A); Appendix 2-4, and 2-5.
III (Tables A-1, A-2,
A-3, A-5, and A-7);
and Appendix V
(Attachment 4).
110(a), 188(e), and 189(b)(1)(B)..... Control Measures....... Table 1 (derived from No new measures.
2003 South Coast AQMP,
Appendix IV-A) and
Table 2 (derived from
2003 South Coast AQMP,
Table 4-8A).
172(c)(2), 189(c)(1)................. Reasonable Further 2003 South Coast AQMP, Table 5 at 70 FR 43671
Progress. Table 6-1. (derived from 2003
Coachella Valley Plan,
Tables 2-9 and 2-7).
172(c)(9)............................ Contingency Measures... 2003 South Coast AQMP, No new measures.
Appendix IV-A, Section
2 (CTY-01, CTY-14, TCB-
01)\1\.
189(b)(1)(A)......................... Attainment 2003 South Coast AQMP, 2003 Coachella Valley
Demonstration. Chapter 5; Appendix V, Plan, Chapter 3.
Chapter 2.
[[Page 69084]]
176(c)(2)(A)......................... Motor Vehicle Emissions Table 6 at 70 FR 43672 Table 7 at (derived 70
Budgets. (derived from ``2003 FR 43672 from ``2003
South Coast AQMP On- Coachella Valley PM-10
Road Motor Vehicle SIP On-Road Motor
Emissions Budgets''). Vehicle Emissions
Budgets'').
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\1\ The contingency measures do not contain a commitment by CARB.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 16, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
? Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
? 2. Section 52.220 is amended by adding paragraphs (c)(333)(i)(A)(2),
(c)(339), and (c)(340) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(333) * * *
(i) * * *
(A) * * *
(2) Amended Rules 403 (except for subdivision h), 403.1 (except for
subdivision j), and 1186, as adopted on April 2, 2004.
* * * * *
(339) New and amended plans for the following agency were submitted
on January 9, 2004, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted
by SCAQMD on August 1, 2003, and by California Air Resources Board on
October 23, 2003.
(i) Baseline and projected emissions inventories in AQMP Chapter
III Tables 3-1A and 3-3A, in Appendix III Tables A-1, A-2, A-3, A-5,
and A-7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and
implement control measures CMB-07, CMB-09, WST-01, WST-02, PRC-03, BCM-
07, BCM-08, MSC-04, MSC-06, TCB-01 in AQMP Chapter 4 Table 4-8A, and in
Appendix IV-A); PM-10 reasonable further progress in AQMP Chapter 6,
Table 6-1 and in Appendix V Chapter 2; contingency measures CTY-01,
CTY-14, TCB-01 in Appendix IV-A Section 2; PM-10 attainment
demonstration in AQMP Chapter 5, and in Appendix V Chapter 2; and motor
vehicle emissions budgets in ``2003 South Coast AQMP On-Road Motor
Vehicle Emissions Budgets.''
(2) 2003 Coachella Valley PM-10 State Implementation Plan, as
adopted by SCAQMD on August 1, 2003, and by California Air Resources
Board on October 23, 2003.
(i) Baseline and projected emissions inventories in Tables 2-2, 2-
3, 2-4, and 2-5; reasonable further progress in Tables 2-9 and 2-7;
attainment demonstration in Chapter 3; and motor vehicle emissions
budgets in ``2003 Coachella Valley PM-10 SIP On-Road Motor Vehicle
Emissions Budgets.''
* * * * *
(340) New and amended rules for the following agencies were
submitted on November 16, 2004, by the Governor's designee.
[[Page 69085]]
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and
403.1 (Chapters 2, 3, 4, and 7), as adopted on April 2, 2004.
(B) Plan revisions for the Coachella Valley Planning Area.
(1) Fugitive dust control ordinances for: City of Cathedral City
Ordinance No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/
03), City of Desert Hot Springs Ordinance No. 2003-16 (10/7/03), City
of Indian Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance
No. 1357 (12/3/03), City of La Quinta Ordinance No. 391 (12/2/03), City
of Palm Desert Ordinance No. 1056 (11/13/03), City of Palm Springs
Ordinance No. 1639 (11/5/03), City of Rancho Mirage Ordinances No. 855
(12/18/03) and No. 863 (4/29/04), and County of Riverside Ordinance No.
742.1 (1/13/04).
[FR Doc. 05-22463 Filed 11-10-05; 8:45 am]
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