[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2597-2607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-876]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CA-98-1-7196a; FRL-5661-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of California;
Determination Regarding Applicability of Certain Reasonable Further
Progress and Attainment Demonstration Requirements; Monterey Bay Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is, through direct final procedure, approving the
redesignation of the Monterey Bay Area from nonattainment to attainment
for ozone. Through this direct final action, EPA is also approving for
the Monterey Bay Area the maintenance plan, 1990 base year emissions
inventory, emission statement rule, volatile organic compound (VOC)
reasonably available control technology (RACT) rule 419 and oxides of
nitrogen (NOX) RACT rule 431 as revisions to California's State
Implementation Plan (SIP) for ozone. In addition, EPA is determining
that the
[[Page 2598]]
Monterey Bay Area has attained the ozone National Ambient Air Quality
Standard (NAAQS) and, therefore, that certain reasonable further
progress (RFP) and attainment demonstration requirements, along with
certain other related requirements of Part D of Title 1 of the Clean
Air Act (CAA or Act), are not applicable to the Monterey Bay Area for
as long as the area continues to attain the ozone NAAQS, and that upon
final redesignation of the Monterey Bay Area, the area will be entirely
relieved of these requirements.
EPA is publishing this document without prior proposal because the
Agency views these actions as noncontroversial and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register, EPA proposes these actions should adverse or critical
comments be filed. If adverse comments are received, EPA will withdraw
this final rule and address these comments in a final rule based on the
proposed rule published in this Federal Register. The Agency will not
issue a second comment period on these actions.
DATES: This action is effective on March 18, 1997, unless adverse or
critical comments are received by February 18, 1997. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations:
Plans Development Section (A-2-2), Air and Toxics Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105
California Air Resources Board, 2020 L Street, Sacramento, CA 94814
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud
Court, Monterey, CA 93940
FOR FURTHER INFORMATION CONTACT: Julia Barrow, Chief, Plans Development
Section (A-2-2), Air & Toxics Division, U.S. Environmental Protection
Agency, Region IX, at (415) 744-1207.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Determination Regarding Reasonable Further Progress, Attainment
Demonstration and Related Requirements
III. Redesignation Evaluation Criteria
IV. Review of State Plan
1. Attainment of the Ozone NAAQS
2. Meeting Applicable Requirements: Section 110 and Part D
A. Section 110 Requirements
B. Part D Requirements
B.1. Subpart 1 of Part D--Section 172(c) Provisions
B.2. Subpart 1 of Part D--Section 176(c) Conformity Plan
Provisions
B.3. Subpart 2 of Part D--Sections 182(a) and 182(b)
Requirements
3. Fully Approved SIP Under Section 110(k) of the Act
4. Improvement in Air Quality Due to Permanent and Enforceable
Measures
5. Fully Approved Maintenance Plan Under Section 175A
A. Attainment Emission Inventory
B. Demonstration of Maintenance
C. Verification of Continued Attainment
D. Contingency Plan
E. Subsequent Maintenance Plan Revisions
V. Revisions to the SIP
1. 1990 Base Year Inventory
2. Emission Statement Rule
3. VOC RACT Rule correction
4. NOX RACT Rule 431
VI. Conclusion
I. Background
On November 15, 1990, the Clean Air Act Amendments of 1990 were
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. The ozone nonattainment designation for the Monterey Bay
Area continued by operation of law according to section 107(d)(1)(C)(i)
of the Clean Air Act, as amended in 1990; furthermore, the area was
classified by operation of law as moderate for ozone under section
181(a)(1). See 56 FR 56694 (Nov. 6, 1991), codified at 40 CFR 81.305.
The District has collected ambient monitoring data that show no
violations of the ozone NAAQS (See discussion in Section IV.1. below).
Accordingly, on July 14, 1994, California requested redesignation of
the area to attainment with respect to the ozone NAAQS and submitted an
ozone maintenance SIP for the Monterey Bay Area. The Monterey Bay
Unified Air Pollution Control Agency (MBUAPCD or the District), the
Association of Monterey Bay Area Governments (AMBAG), and the Council
of San Benito County Governments (CSBCG) prepared and adopted the
maintenance plan on May 25, 1994, May 11, 1994 and May 5, 1994,
respectively. The plan and redesignation request were subsequently
submitted to CARB on June 1, 1994, and CARB submitted the plan and
redesignation request to EPA on July 14, 1994. On November 14, 1994,
CARB submitted a revision to the maintenance plan, adopted by MBUAPCD,
AMBAG, and CSBCG on October 19, 1994, October 12, 1994 and October 6,
1994, respectively.
All SIP submittals to EPA must meet certain minimum administrative
and technical criteria as set forth in 40 CFR Part 51, Appendix V (the
``completeness'' criteria) in order for the Administrator to review and
take action on the submittal. Section 110(k)(1) of the Act describes
the mandatory time frame for EPA's determination of completeness and
rulemaking action on plan submissions. In accordance with section
110(k)(1)(B) of the Act, the Monterey Bay Area ozone redesignation
request and maintenance plan was deemed complete by operation of law on
February 14, 1995.
II. Determination Regarding Reasonable Further Progress, Attainment
Demonstration and Related Requirements
The EPA is determining that the Monterey Bay Area ozone
nonattainment area has attained the NAAQS for ozone. On the basis of
this determination, EPA is also determining that certain RFP and
attainment demonstration requirements, along with certain other related
requirements of Part D of Title 1 of the CAA are not applicable to the
Monterey Bay Area for so long as the area continues to attain the ozone
NAAQS.
Subpart 2 of Part D of Title 1 contains various air quality
planning and SIP submission requirements for ozone nonattainment areas.
EPA believes it is reasonable to interpret provisions regarding RFP and
attainment demonstrations, along with certain other related provisions,
so as to not require SIP submissions if an ozone nonattainment area
subject to those requirements is monitoring attainment of the ozone
standard (i.e., attainment of the NAAQS demonstrated with three
consecutive years of air quality monitoring data at each monitor). As
described below, EPA has previously interpreted the general provisions
of subpart 1 of part D of Title 1 (sections 171 and 172) so as not to
require the submission of SIP revisions concerning RFP, attainment
demonstrations, or related contingency measures. As explained in a
memorandum dated May 10, 1995, from John Seitz to the Regional Air
Division Directors, entitled ``Reasonable Further Progress, Attainment
Demonstration and Related Requirements for Ozone Nonattainment Areas
Meeting the National Ambient Air Quality Standard,'' EPA believes it is
appropriate to interpret the more specific RFP, attainment
demonstration and related provisions of subpart 2 in the same manner.
First, with respect to RFP, section 171(1) states that, for
purposes of Part D of Title 1, RFP ``means such annual incremental
reductions in emissions of the relevant air pollutant as are required
by this part or may reasonably be
[[Page 2599]]
required by the Administrator for the purpose of ensuring attainment of
the applicable (NAAQS) by the applicable date.'' Thus, whether dealing
with the general RFP requirement of section 172(c)(2), or the more
specific RFP requirements of subpart 2 for classified ozone
nonattainment areas (such as the 15 percent plan requirement of section
182(b)(1)), the stated purpose of RFP is to ensure attainment by the
applicable attainment date.1 If an area has in fact attained the
standard, the stated purpose of the RFP requirement will have already
been fulfilled and EPA does not believe that the area need submit
revisions providing for the further emission reductions described in
the RFP provisions of section 182(b)(1).
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\1\ EPA notes that paragraph (1) of subsection 182(b) is
entitled ``PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS'' and
that subparagraph (B) of paragraph 182(c)(2) is entitled
``REASONABLE FURTHER PROGRESS DEMONSTRATION,'' thereby making it
clear that both the 15 percent plan requirement of section 182(b)(1)
and the 3 percent per year requirement of section 182(c)(2) are
specific varieties of RFP requirements.
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EPA notes that the Agency took this view with respect to the
general RFP requirement of section 172(c)(2) in the General Preamble
for the Interpretation of Title 1 of the Clean Air Act Amendments of
1990 (57 FR 13498, (April 16, 1992)), and that the Agency is now
extending that interpretation to the specific provisions of subpart 2.
In the General Preamble, EPA stated, in the context of a discussion of
the requirements applicable to the evaluation of requests to
redesignate nonattainment areas to attainment, that the ``requirements
for RFP will not apply in evaluating a request for redesignation to
attainment since, at a minimum, the air quality data for the area must
show that the area has already attained. Showing that the State will
make RFP towards attainment will, therefore, have no meaning at that
point.'' (57 FR 13564) 2
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\2\ see also ``Procedures for Processing Requests to Redesignate
Areas to Attainment,'' from John Calcagni, Director, Air Quality
Management Division, to Regional Air Division Directors, September
4, 1992, at page 6 (stating that the ``requirements for reasonable
further progress * * * will not apply for redesignations because
they only have meaning for areas not attaining the standard'')
(hereinafter referred to as ``September 1992 Calcagni memorandum'').
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Second, with respect to the attainment demonstration requirements
of section 182(b)(1), an analogous rationale leads to the same result.
Section 182(b)(1) requires that the plan provide for ``such specific
annual reductions in emission * * * as necessary to attain the (NAAQS)
by the attainment date applicable under this Act.'' As with RFP
requirements, if an area has in fact monitored attainment of the
standard, EPA believes there is no need for an area to make a further
submission containing additional measures to achieve attainment. This
is also consistent with the interpretation of certain section 172(c)
requirements provided by EPA in the General Preamble to Title 1, as EPA
stated there that no other measures to provide for attainment would be
needed by areas seeking redesignation to attainment since ``attainment
will have been reached.'' (57 FR 13564; see also September 1992
Calcagni memorandum at page 6.) Upon attainment of the NAAQS, the focus
of state planning efforts shifts to the maintenance of the NAAQS and
the development of a maintenance plan under section 175A. 3
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\3\ The lack of a requirement to submit the SIP revisions exists
only for as long as the area designated nonattainment continues to
attain the standard. If EPA subsequently determines that such an
area has violated the NAAQS, the basis for the determination that
the area need not make the pertinent SIP revision would no longer
exist. The EPA would then notify the State of that determination and
would also provide notice to the public in the Federal Register.
Such a determination would mean that the area would have to address
the pertinent SIP requirements within a reasonable amount of time,
which EPA would establish taking into account the individual
circumstances surrounding the particular SIP submissions at issue.
Thus, a determination that an area need not submit one of the SIP
submittals amounts to no more than a suspension of the requirement
for so long as the area continues to attain the standard. However,
if the area continues to attain the standard and submits a request
for redesignation to attainment, upon final approval of the
redesignation to attainment the area is entirely relieved of these
requirements.
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The determination with regard to the applicability of certain RFP
and attainment demonstration requirements does not shield an area from
future EPA action to require emissions reductions from sources in the
area where there is evidence, such as photochemical grid modeling,
showing that emissions from sources in the area contribute
significantly to nonattainment in, or interfere with maintenance by,
other nonattainment areas. EPA has authority under sections
110(a)(2)(A) and 110(a)(2)(D) to require such emissions reductions if
necessary and appropriate to deal with transport situations.
III. Redesignation Evaluation Criteria
The 1990 CAA Amendments revised section 107(d)(3)(E) to provide
five specific requirements that an area must meet in order to be
redesignated from nonattainment to attainment: (1) The area must have
attained the applicable NAAQS; (2) the area has met all relevant
requirements under section 110 and Part D of the Act; (3) the area has
a fully approved SIP under section 110(k) of the Act; (4) the air
quality improvement must be permanent and enforceable; and, (5) the
area must have a fully approved maintenance plan pursuant to section
175A of the Act. Section 107(d)(3)(D) allows a Governor to initiate the
redesignation process for an area to apply for attainment status.
IV. Review of State Submittal
The California redesignation request for the Monterey Bay Area
meets the five requirements of section 107(d)(3)(E), noted above.
Following is a brief description of how the State has fulfilled each of
these requirements.
1. Attainment of the Ozone NAAQS
Attainment of the ozone NAAQS is determined based on the expected
number of exceedances in a calendar year. The method for determining
attainment of the ozone NAAQS is contained in 40 CFR 50.9 and Appendix
H to that Section. The simplest method by which expected exceedances
are calculated is by averaging actual exceedances at each monitoring
site over a rolling three year period. An area is in attainment of the
standard if this average results in expected exceedances for each
monitoring site of 1.0 or less per calendar year. Appendix H provides
the formula used to estimate the expected number of exceedances for
each year.
The State of California's request is based on actual quality-
assured ozone air quality data which is relevant to both the
maintenance plan and to the redesignation request. This data comes from
the District's State and Local Air Monitoring Station (SLAMS) network.
The request is based on ambient air ozone monitoring data for calendar
years 1988 through 1990. This data clearly shows the expected
exceedance rate for the ozone standard of less than 1.0 per year for
each of the monitors, including the monitor on which the nonattainment
designation was based. Monitoring data also shows that no violations
have occurred in the network area through 1995. The District has also
committed to continue monitoring in the area in accordance with 40 CFR
part 58.
2. Meeting Applicable Requirements: Section 110 and Part D
On December 20, 1983 (48 FR 56215), EPA fully approved California's
SIP for the Monterey Bay Area as meeting the requirements of section
110(a)(2) and Part D of the 1977 Act, with the exception of the motor
vehicle inspection and maintenance (I/M) program which was signed for
final
[[Page 2600]]
approval by the Regional Administrator on September 25, 1996. The 1990
amended Act, however, modified section 110(a)(2) and, under Part D,
revised section 172 and added new requirements for all nonattainment
areas. Therefore, for purposes of redesignation, to meet the
requirement that the SIP contain all applicable requirements under the
Act, EPA has reviewed the SIP to ensure that it contains all measures
that were due under the amended Act prior to or at the time the State
submitted its redesignation request, as set forth in EPA policy. 4
As explained in Section II. of this document, the RFP and attainment
demonstration requirements are not applicable for areas meeting the
ambient air quality standard because these requirements only have
meaning for areas not attaining the standard.
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\4\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' John Calcagni, Director, Air Quality Management
Division, September 4, 1992.
``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,'' John Calcagni, Director, Air
Quality Management Division, October 28, 1992.
``State Implementation Plan (SIP) Requirements for Areas
Submitted Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
on or after November 15, 1992,'' Michael H. Shapiro, Acting
Assistant Administrator, September 17, 1993.
``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' John S. Seitz, Director,
Office of Air Quality Planning and Standards, May 10, 1995.
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All of the SIP requirements must be met by the District and
approved into the SIP by EPA by the time the area is redesignated.
A. Section 110 Requirements
Although section 110 was amended in 1990, the Monterey Bay Area SIP
meets the requirements of amended section 110(a)(2). A number of the
requirements did not change in substance and, therefore, EPA believes
that the pre-amendment EPA approved SIP met these requirements. As to
those requirements that were amended, (see 57 FR 27936 and 23939 (June
23, 1993)), many are duplicative of other requirements of the Act. EPA
has analyzed the SIP and determined that it is consistent with the
requirements of amended section 110(a)(2). The SIP contains enforceable
emission limitations, requires monitoring, compiling, and analyzing of
ambient air quality data, requires preconstruction review of new major
stationary sources and major modifications to existing ones, provides
for adequate funding, staff, and associated resources necessary to
implement its requirements, and requires stationary source emissions
monitoring and reporting.
B. Part D Requirements
Before the Monterey Bay Area may be redesignated to attainment, it
also must have fulfilled the applicable requirements of Part D of the
Act. Under Part D, an area's classification indicates the requirements
to which it will be subject. Subpart 1 of Part D sets forth the basic
nonattainment requirements applicable to all nonattainment areas,
classified as well as nonclassifiable. Subpart 2 of Part D establishes
additional requirements for nonattainment areas classified under table
1 of section 181(a)(1) or table 3 of section 186(a). The Monterey Bay
Area was classified under table 1 of section 181(a)(1) as a moderate
ozone nonattainment area (See 56 FR 56694, codified at 40 CFR 81.305).
Therefore, in order to be redesignated to attainment, the District must
meet the applicable requirements of Subpart 1 of Part D--specifically
sections 172(c) and 176, as well as the applicable requirements of
Subpart 2 of Part D.
B.1. Subpart 1 of Part D--Section 172(c) Provisions
Under section 172(b), the Administrator established that States
containing nonattainment areas shall submit a plan or plan revision
meeting the applicable requirements of section 172(c) no later than
three years after an area is designated as nonattainment, unless EPA
establishes an earlier date. As discussed in section II. of this
Federal Register document, EPA has determined that the section
172(c)(2) reasonable further progress (RFP) requirement is not
applicable for the Monterey Bay Area based on the area's attainment of
the ozone NAAQS. Also, the 172(c)(9) contingency measures and
additional 172(c)(1) non-RACT reasonable available control measures
(RACM) are not applicable, since those measures are specifically
related to RFP.
The 172(c)(3) emissions inventory requirement has been met by the
submission and approval of the 1990 base year emissions inventory
discussed in section V.1. of this Federal Register document.
As for the 172(c)(5) New Source Review (NSR) requirement, the
Monterey Bay Area NSR program was approved on July 11, 1996 (61 FR
36501).
The 172(d) requirements for SIP revisions pursuant to section
110(k)(5) have been met and are discussed below in section 2.B3 and
further in sections V.3 and 4. (VOC and NOX RACT rules).
Finally, for purposes of redesignation, the Monterey Bay Area SIP
was reviewed to ensure that all requirements of section 110(a)(2),
containing general SIP elements were satisfied. The MBUAPCD SIP
approved under section 110 of the Act (40 CFR 52.220) and the revisions
to the SIP approved in section V. of this Federal Register document
satisfy all applicable Part D, Title 1 requirements for moderate area
ozone SIPs.
B.2. Subpart 1 of Part D--Section 176(c) Conformity Plan Provisions
Section 176(c) of the CAA requires states to revise their SIPs to
establish criteria and procedures to ensure that Federal actions,
before they are taken, conform to the air quality planning goals in the
applicable SIP. The requirement to determine conformity applies to
transportation plans, programs and projects developed, funded or
approved under Title 23 U.S.C. of the Federal Transit Act
(``transportation conformity''). Section 176 further provides that the
conformity revisions to be submitted by the States must be consistent
with Federal conformity regulations that the CAA required EPA to
promulgate. 5 These conformity rules require that States adopt
both transportation and general conformity provisions in the SIP for
areas designated nonattainment or subject to a maintenance plan
approved under CAA section 175A. EPA believes it is reasonable to
interpret the conformity requirements as not being applicable
requirements for purposes of evaluating the redesignation request under
section 107(d). The rationale for this is based on a combination of two
[[Page 2601]]
factors. First, the requirement to submit SIP revisions to comply with
the conformity provisions of the Act continues to apply to areas after
redesignation to attainment. Therefore, the State remains obligated to
adopt the transportation and general conformity rules even after
redesignation and would risk sanctions for failure to do so. Second,
EPA's Federal conformity rules require the performance of conformity
analyses in the absence of state-adopted rules. Therefore, a delay in
adopting State rules does not relieve an area from the obligation to
implement conformity requirements.
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\5\ Congress provided for the State revisions to be submitted
one year after the date for promulgation of final EPA conformity
regulations. When that date passed without such promulgation, EPA's
General Preamble for the Implementation of Title 1 informed States
that the conformity regulation would establish a submittal date (see
57 FR 13498, 13557 (April 16, 1992)). EPA promulgated final
transportation conformity regulations on November 24, 1993 (58 FR
62118), and general conformity regulations on November 30, 1993 (58
FR 63214). Pursuant to 40 CFR 51.851 of the general conformity rule,
the State of California was required to submit a SIP revisions
containing transportation and general conformity criteria and
procedures consistent with those established in the Federal rule by
November 25, 1994, and December 1, 1994, respectively. The
conformity rules for California were submitted to EPA, Region 9 by
some of the local districts. Because EPA and Department of
Transportation (DOT) have already amended the conformity regulation
twice and have proposed a third set of amendments, EPA is allowing
areas to incorporate all revisions to their conformity SIPs within
one year of the publication of the Federal Register on the new
regulation amendments. The anticipated submittal date of the new
conformity SIP revisions in response to this amendment to the
conformity regulations is early 1998.
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Because areas are subject to the conformity requirements regardless
of whether they are redesignated to attainment and must implement
conformity under Federal rules if State rules are not yet adopted, EPA
believes it is reasonable to view these requirements as not being
applicable requirements for purposes of evaluating a redesignation
request.
B.3. Subpart 2 of Part D--Section 182(a) and 182(b) Requirements
As a moderate ozone nonattainment area, the Monterey Bay Area must
meet the requirements for marginal areas under Subpart 2 of Part D,
section 182(a) as well as the requirements for moderate areas contained
in section 182(b). As discussed in Section II. of this Federal Register
document, EPA has determined that the RFP requirement for a moderate
ozone nonattainment area under Subpart 2 of Part D is not applicable to
the Monterey Bay Area based on the area's attainment of the ozone
NAAQS.
For purposes of redesignation, the Monterey Bay Area must meet only
those requirements of sections 182 (a) and (b) which were due prior to
or at the time of the submittal of a complete redesignation request.
Monterey must meet the section 182(a)(1) requirement for an emission
inventory, the section 182(a)(2)(a) requirement for Reasonably
Available Control Technology (RACT) rules and the section 182(a)(3)(b)
requirement for a rule regarding emission statements for stationary
sources. In sections V.1., 2., 3. and 4. of this Federal Register
document, EPA is approving revisions to the SIP meeting the
requirements mentioned above. EPA approval of these revisions completes
the District's requirements to meet all applicable requirements of
section 110 and Part D of the Act.
3. Fully Approved SIP Under Section 110(k) of the Act
In order for EPA to take final action approving the redesignation
request, the District must have a fully approved SIP under section
110(k), which also meets the applicable requirements of section 110 and
Part D. As discussed in Section 2.A. above, EPA approved numerous
provisions of the Monterey Bay Area SIP under the pre-amended Act and
finds that these provisions meet the requirements of section 110(a)(2).
Also, EPA approval of the emissions inventory and emission statement
rule (Regulation III, Rule 300, parts 4.4-4.4.3) and the District's
amended VOC RACT rule 419 and the NOX RACT rule 431, as revisions
to the SIP as required by sections 182 (a) and (b), fulfills the
requirement that the District have a fully approved SIP under section
110(k).
4. Improvement in Air Quality Due to Permanent and Enforceable Measures
Under the pre-amended Act, EPA approved California's SIP control
strategy for the Monterey Bay Area nonattainment area, which satisfies
the requirement that the rules are permanent and enforceable. The
Monterey Bay Area attained the ozone NAAQS in 1990, therefore, emission
reductions achieved as a result of those rules are permanent. Since
enactment of the 1990 Amendments, the State has made additional
submittals as identified in the discussion of the section 182(b)
requirements above and in Table 1.A below.
Table 1.A
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Rule number, title Adoption EPA approval
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416-Organic Solvents......................... 04/20/94 02/12/96, 61 FR 5288.
417-Storage of Organic Liquids............... 08/25/93 02/15/95, 60 FR 8565.
418-Transfer of Gasoline into Stationary 08/25/93 02/15/95, 60 FR 8565.
Storage.
420-Effluent Oil Water Separators............ 08/25/93 02/09/96, 61 FR 4890.
425-Use of Cutback Asphalt................... 08/25/93 02/05/96, 61 FR 4215.
426-Architectural Coatings................... 08/25/93 02/09/96, 61 FR 4890.
427-Steam Drive Crude Oil Production Wells... 08/25/93 02/15/95, 60 FR 8565.
430-Leather Processing Operations............ 05/25/94 10/25/95, 60 FR 54595
433-Organic Solvent Cleaning................. 06/15/95 02/12/96, 61 FR 5288.
434-Coating of Metal Parts & Products........ 06/15/95 02/12/96, 61 FR 5288.
1002-Transfer of Gasoline into Vehicle Fuel 11/23/94 02/09/96, 61 FR 4892.
Tanks.
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In addition, EPA finds that a comparison of the Monterey emission
inventories by source category (see Table 1.B below), reasonably
attributes the improvement in air quality to emission reductions from
controls which are permanent, and are enforceable as they have been
adopted into the SIP and approved by EPA.
Table 1.B
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Pollutant Source category 1979 1987 1990
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ROG*(TPD)......................... Stationary........................... 67 62 50
Mobile............................... 41 44 46
Total................................ 108 106 96
NOX............................... Stationary........................... 82 34 32
Mobile............................... 46 60 61
Total................................ 128 94 93
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*ROG (Reactive Organic Gases) mainly differs from VOC in that it includes ethane. Ethane is solely a product of
combustion; VOC accounts for 98.5 percent of combustion.
[[Page 2602]]
The actual reduction in overall emissions from 1979 to 1990 was 12
tons per day (TPD) of VOC and 35 TPD of NOX, which reflects growth
in emissions from some sources and reductions in overall emissions due
to all control measures. EPA finds that the combination of existing
EPA-approved SIP and Federal measures contributes to the permanence and
enforceability of reductions in ambient ozone levels that have allowed
the area to attain the NAAQS.
5. Fully Approved Maintenance Plan Under Section 175A
EPA is approving the State's maintenance plan for the Monterey Bay
Area because EPA finds that the District's submittal meets the
requirements of section 175A. Section 175A of the Act sets forth the
elements of a maintenance plan for areas seeking redesignation from
nonattainment to attainment. The plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
Administrator approves a redesignation to attainment. Eight years after
the redesignation, the State must submit a revised maintenance plan
which demonstrates attainment for the ten years following the initial
ten-year period. To provide for the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures,
with a schedule for implementation adequate to assure prompt correction
of any air quality problems. Each of the section 175A plan requirements
is discussed below.
5.A. Attainment Emissions Inventory
The MBUAPCD adopted comprehensive inventories of VOC, and NOX
emissions from area, stationary, and mobile sources using 1990 as the
base year for calculations to demonstrate maintenance of the ozone
NAAQS. EPA has determined that 1990 is an appropriate year on which to
base attainment level emissions because EPA policy allows States to
select any one of the three years in the attainment period as the
attainment year inventory.6
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\6\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' John Calcagni, Director, Air Quality Management
Division, September 4, 1992.
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The latest revised annual and peak ozone season 1990 comprehensive
inventories of actual emissions were adopted by the Monterey Bay
Unified Air Pollution Control District (the District) on October 19,
1994 and submitted by CARB to EPA on November 15, 1994 as a SIP
revision. CARB provided a more detailed clarification of the
inventories on March 30, 1995. EPA notified the State of the
completeness of the emissions inventories in a letter dated April 18,
1995.
The State submittal contains the detailed inventory data and
summaries by county and source category. The District provided the
stationary source estimates, and area source emissions for each source
category based on emission and activity factors for each county in the
nonattainment area. These factors are cited or their sources referenced
in Methods for Assessing Area Source Emissions in California,
California Air Resources Board, September 1991. CARB based on-road
mobile source emission and activity estimates on CARB's EMFAC7F and
BURDEN7C models, respectively.
The comprehensive base year emissions inventory discussed above has
been entered into the Aerometric Information Retrieval System (AIRS).
AIRS is EPA's computerized data storage system for air quality and
emission source data. EPA, under contract with Radian Corporation, has
entered the base year emissions inventory of stationary sources into
AIRS and has also prepared computer software to convert the California
Emission Data System stationary source data to AIRS/AFS format for
entry into AIRS. California is responsible for entering 1990 area and
mobile source (AMS) data into AIRS according to a fiscal year 1994
Clean Air Act section 105 air program grant agreement.
5.B. Demonstration of Maintenance
The MBUAPCD developed projected VOC and NOX emissions
inventories based on the 1990 actual inventory for the years 1995,
2000, 2005 and 2010 by applying growth factors in accordance with EPA
guidance. The projected inventories, provided in Table 2.A. and 2.B.
below, show that the ozone standard will be maintained and that
emissions are not expected to exceed the level of the 1990 inventory
during the maintenance period.
5.C. Verification of Continued Attainment
The plan demonstrates attainment of the NAAQS for at least 10 years
after the area is redesignated. The tables below show the forecasts for
ozone precursors VOC (Table 2.A.) and NOX (Table 2.B.).
Table 2.A.--VOC Emissions for Average Summer Weekday*
[Tons Per Day]
----------------------------------------------------------------------------------------------------------------
Source categories 1990 1995 2000 2005 2010
----------------------------------------------------------------------------------------------------------------
Stationary:
Fuel Combustion...................................... 00.86 00.80 00.86 00.87 00.88
Waste Burning........................................ 00.95 01.02 01.09 01.17 01.23
Solvent Use.......................................... 21.45 20.60 22.29 24.13 25.82
Petroleum Processes, Storage & Transfer.............. 06.07 01.72 02.21 02.22 02.22
Industrial Processes................................. 00.49 00.56 00.58 00.63 00.66
Miscellaneous Processes.............................. 19.68 19.48 19.61 14.82 15.05
Banked Emissions..................................... 00.24 00.24 00.24 00.24 00.24
------------------------------------------------------
Stationary total................................. 49.74 44.42 46.88 44.08 46.10
======================================================
Mobile:
On-Road............................................. 39.09 20.74 17.75 13.340 09.95
Non-Road............................................. 06.88 06.31 05.71 05.86 05.90
------------------------------------------------------
Mobile total..................................... 45.97 27.05 23.46 19.20 15.85
======================================================
Total............................................ 95.71 71.47 70.34 63.28 61.95
----------------------------------------------------------------------------------------------------------------
*Anthropogenic sources of ozone precursors.
[[Page 2603]]
Table 2.B.--NOX Emissions for Average Summer Weekday*
[Tons Per Day]
----------------------------------------------------------------------------------------------------------------
Source categories 1990 1995 2000 2005 2010
----------------------------------------------------------------------------------------------------------------
Stationary:
Fuel Combustion...................................... 29.79 26.40 28.18 21.27 27.50
Waste Burning........................................ 00.15 00.16 00.17 00.18 00.19
Petro. Processes, Storage & Transfer................. 00.02 00.02 00.02 00.02 00.02
Industrial Processes................................. 02.33 02.77 02.98 03.25 03.48
Miscellaneous Processes.............................. 00.01 00.01 00.01 00.01 00.01
Banked Emissions..................................... 00.14 00.14 00.14 00.14 00.14
------------------------------------------------------
Stationary total................................. 32.44 29.50 31.50 24.87 26.34
======================================================
Mobile:
On-Road............................................. 43.13 28.99 27.77 25.54 24.86
Non-Road............................................. 17.34 17.46 18.31 18.90 19.37
------------------------------------------------------
Mobile total..................................... 60.48 46.45 46.08 44.44 44.23
======================================================
Total............................................ 92.92 75.95 77.58 69.31 70.57
----------------------------------------------------------------------------------------------------------------
*Anthropogenic sources of ozone precursors.
The projections show that the area will continue to demonstrate
attainment of the ozone NAAQS with current control measures. The
Monterey Bay Area is not subject to additional emission reduction
requirements for the CAA (since the area can demonstrate maintenance of
the NAAQS for the 10 year maintenance period without additional
controls). In addition, the emission inventory projections contained in
the maintenance plan show a decrease in VOC emissions and NOX
emissions.
Continued attainment of the ozone NAAQS in the Monterey Bay Area
depends, in part, on the State's efforts to track indicators of
continued attainment during the maintenance period. MBUAPCD will
analyze annually the three most recent consecutive years of ambient air
quality monitoring data to verify continued attainment of the national
ozone standard, in accordance with 40 CFR part 50, appendix H. The
District will submit to EPA an annual report of data collected from the
previous calendar year. This information, in conjunction with the
reports from the previous two years, will provide adequate information
for determining continued compliance with the ozone NAAQS.
5.D. Contingency Plan
The level of VOC and NOX emissions in the Monterey Bay Area
will largely determine its ability to stay in compliance with the ozone
NAAQS in the future. Despite best efforts to demonstrate continued
compliance with the NAAQS, the ambient air pollutant concentrations may
exceed or violate the NAAQS. Therefore, as required pursuant to section
175A, the District has developed a contingency plan, including specific
measures with a schedule for implementation in the event of a future
ozone air quality problem. The District has chosen three monitored
exceedances of the NAAQS at one monitoring site within a consecutive
three year period as the trigger for the contingency plan.
At the time of local adoption of the redesignation request and
maintenance plan, the District identified several VOC and NOX
stationary source control measures as the contingency measures which
would be implemented should the triggering event occur at a monitoring
site during the maintenance period. Tables 3.A. and 3.B., below,
summarize the contingency control measures. Rules to implement these
controls are scheduled for adoption through 1997. However, should the
triggering threshold described above occur before adoption, adoption
would be scheduled within six months of the triggering event. When
contingency measures are triggered, implementation of the measures will
occur within 6 to 24 months of rule adoption.
Table 3.A.VOC--Contingency Measures
------------------------------------------------------------------------
VOC reductions
Title Action needed (TPD)
------------------------------------------------------------------------
Adhesives............................... Adopt .39-.4
Architectural Coatings (rule 426)....... Revise .35
Automobile Refinishing.................. Adopt 1.04-1.12
Cutback Asphalt Paving (rule 425)....... Revise 2.15-2.39
Disposal of Organic Wastes/Hazardous Adopt N/A
Waste Minimization.
Fiberglass Fabrication/Polyester Resin Adopt .02
Use.
Fixed & Floating Roof Petroleum Storage Revise .23
Tanks (rule 417).
Fugitive Emissions from Petroleum Adopt .06
Production.
Furniture Staining...................... Adopt .04
Graphic Arts Printing & Coating Adopt .06
Operations.
Landfill Gas Collection Systems......... Adopt 1.52-1.63
Marine Coatings......................... Adopt .01
Petroleum Production & Separation....... Adopt N/A
Petroleum Sumps, Wastewater Separators & Adopt .08
Well Cellars.
Plastic Coatings........................ Adopt N/A
Semiconductor Manufacturing Operations.. Adopt N/A
[[Page 2604]]
Spray Booths-Misc. Coating & Cleanup Revise 1.55-1.61
Solvents (rule 429).
Wood Products Coatings.................. Adopt .19
------------------------------------------------------------------------
Table 3.b.--NOX Contingency Measures
------------------------------------------------------------------------
NOx reductions
Title Action needed (TPD)
------------------------------------------------------------------------
Boilers, Steam Generators............... Adopt 3.36-3.4
Kilns................................... Adopt 3.2-3.32
Stationary Internal Combustion Engines.. Adopt .97
------------------------------------------------------------------------
5E. Subsequent Maintenance Plan Revisions
In accordance with section 175A(b) of the Act, the District has
agreed to submit a revised maintenance SIP eight years after the area
is redesignated to attainment. Such revised SIP will provide for
maintenance for an additional ten year period.
V. Revisions to the SIP
1. 1990 Base Year Inventory
CARB submitted a revised 1990 base year emissions inventory to EPA
on March 30, 1995 as required under section 182(a)(1). Table 4 below
summarizes the 1990 peak ozone season weekday inventories submitted on
March 30, 1995.
1990 Base Year Inventory Summary*
[Tons Per Day]
----------------------------------------------------------------------------------------------------------------
Stationary Onroad Offroad
1990 peak ozone season (tpd) point Stationary mobile mobile Anthropogenic Biogenic
source area source source source total source
----------------------------------------------------------------------------------------------------------------
VOC............................. 4.06 51.23 37.08 6.41 98.80 171.00
NOX............................. 25.38 6.93 41.21 17.53 91.06 ...........
CO.............................. 34.62 22.62 309.81 68.97 436.01 ...........
----------------------------------------------------------------------------------------------------------------
Section 182(a)(1) of the CAA requires States with ozone
nonattainment areas classified marginal and above to submit base year
(1990) emission inventories by November 15, 1992, as a revision to the
SIP. The inventories are to be comprehensive, accurate, and current
inventories of actual emissions from all sources, in accordance with
the guidance provided by the EPA Administrator.
The State submitted base year annual and peak season inventories
for each of the ozone precursors on November 17, 1992 and subsequently
revised those inventories. The latest submittal of revised annual
average and peak ozone season average weekday 1990 inventories for VOC,
NOX, and carbon monoxide (CO) were submitted on March 30, 1995 as
clarification of the inventories adopted by the MBUAPCD Board on
October 19, 1994 and submitted by the State to EPA on November 15,
1994.
2. Emission Statement Rule
The EPA is approving Regulation III, Rule 300, parts 4.4-4.4.3, the
Emission Statement (ES) Rule for the Monterey Bay ozone nonattainment
area as a revision to the California SIP, in accord with CAA section
182(a)(3)(B)(i) for all ozone nonattainment areas classified marginal
and above. The CAA mandates the adoption of a rule which requires
owners or operators of each stationary source of VOC or NOX to
provide the State with a statement showing actual emissions of those
pollutants. The ES must be in a form prescribed by the EPA
Administrator, unless the Administrator accepts an equivalent
alternative developed by the State. Section 182(a)(3)(B)(ii) allows
States to waive the application of the ES rule for any class or
category of stationary sources which emit less than 25 tons per year of
VOC or NOX if the State, in its submissions of base year or
periodic inventories, provides an inventory of emissions from such
class or category of sources based on the use of emission factors
established by the Administrator or other methods acceptable to the
Administrator.
On January 7, 1992, EPA approved an equivalent alternate form of ES
developed by the State. However, the State failed to submit ES rules
for parts of seven ozone nonattainment areas, including the Monterey
Bay Area, by the November 15, 1992 CAA deadline. On January 15, 1993,
EPA issued a letter to the State finding that the State had failed to
meet the CAA deadline for submittal of the ES rule. This action
triggered the start of sanctions and Federal Implementation Plan (FIP)
clocks. On June 9, 1993, the District adopted the above-referenced
rule. The State subsequently submitted the ES rule for the Monterey Bay
Area on November 18, 1993. On June 22, 1994, by letter, EPA notified
the State of the completeness of the ES rule, thus stopping the
sanction clocks. With today's approval of the ES rule, the FIP clock is
also halted for the Monterey Bay Area.
The ES rule requires: (1) Emission data from stationary sources of
VOC and NOX, (2) the source owner or operator's certification that
the emission data/information is accurate to the best of his/her
knowledge, and (3) the data to be reported on a specific form or in a
specific format. The rule also waives reporting requirements for
facilities with the potential to emit less that 25 tons per year of VOC
or NOX.
3. VOC RACT Rule Correction
Section 182(a)(2) requires ozone nonattainment areas to adopt and
correct RACT rules pursuant to pre-
[[Page 2605]]
amended Act section 172(b) as interpreted in pre-amended Act guidance.
7 EPA developed a series of Control Technology Guideline (CTG)
documents based on the underlying requirements of the Act and which
specify the presumptive norms for what is RACT for specific source
categories. The CTGs applicable to this rule are entitled ``Control of
Hydrocarbons from Tank Truck Gasoline Loading Terminals'' (EPA-450/2-
77-026) and ``Control of Volatile Organic Emissions from Bulk Gasoline
Plants'' (EPA-450/2-77-035). In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
---------------------------------------------------------------------------
\7\ Among other things, the pre-amendment guidance consists of
those portions of the proposed Post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
---------------------------------------------------------------------------
MBUAPCD's revised Rule 419, Bulk Gasoline Plants and Terminals, was
adopted on November 23, 1994 and submitted to EPA by CARB on November
30, 1994. EPA found this rule complete on December 7, 1994. The rule
includes the following significant changes from the current SIP
version:
Added definitions section
Strengthened provisions for bulk terminals
Added provisions for bulk plants
Added recordkeeping requirements
Added test methods
EPA has reviewed this rule and has determined the rule to be consistent
with the CAA requirements, and EPA regulations as found in section 110
and Part D of the CAA and 40 CFR part 51, and EPA policy. Thus, EPA is
approving, as part of this direct final action, the MBUAPCD VOC RACT
Rule 419--Bulk Gasoline Plants and Terminals.
4. NOX RACT Rule 431
The air quality planning requirements for the reduction of NOX
emissions through RACT are set out in section 182(f) of the CAA.8
Section 182(f) of the Clean Air Act requires States to apply the same
requirements to major stationary sources of NOX (``major'' as
defined in section 302 and section 182 (c), (d), and (e)) as are
applied to major stationary sources of VOCs, in moderate or above ozone
nonattainment areas.
---------------------------------------------------------------------------
\8\ On November 25, 1992, EPA published a NPRM entitled ``State
Implementation Plans; Nitrogen Oxides Supplement to the General
Preamble; Clean Air Act Amendments of 1990 Implementation of Title
I; Proposed Rule,'' (the NOX Supplement) which describes the
requirements of section 182(f). The November 25, 1992, notice should
be referred to for further information on the NOX requirements
and is incorporated into this document by reference.
---------------------------------------------------------------------------
NOX emissions contribute to the production of ground level
ozone and smog. The MBUAPCD rule 431 controls emissions from utility
power boilers. The rule was adopted as part of the District's efforts
to achieve the National Ambient Air Quality Standard (NAAQS) for ozone,
as well as to satisfy the mandates of the California State Clean Air
Act requirements. The rule was submitted in response to the CAA
requirements cited above.
However, subsequent to the complete submittal of the NOX rule
pursuant to the CAA, the District applied for an exemption from the
NOX RACT requirements pursuant to Section 182(f) of the CAA.9
The basis for the Monterey Bay Area's exemption was that the area had
achieved the ozone standard, as demonstrated by three years of
monitoring data, without having implemented the NOX measures.
While the District had adopted and submitted the measure in response to
both the state and federal requirements, the emission reductions
obtained by the rules would not occur until full implementation in the
future. Subsequently, EPA evaluated the exemption request and published
approval for the Monterey Bay Area's petition for a NOX RACT
exemption on April 25, 1995 (60 FR 20233).
---------------------------------------------------------------------------
\9\ See ``Guidance for Determining the Applicability of
Nitrogen Oxides Requirements Under Section 182(f)'', issued by EPA's
Office of Air Quality Planning and Standards, December 1993 and
EPA's NOX Supplement to the General Preamble, 57 FR 55628,
November 25, 1992.
---------------------------------------------------------------------------
The MBUAPCD has identified the reductions obtained from Rule 431 as
contributing to future maintenance of the ozone standard.
EPA has evaluated Monterey's rule 431 for consistency with the
requirements of the CAA and EPA regulations, as found in section 110,
and part D of the CAA and 40 CFR part 51 (Requirements for Preparation,
Adoption and Submittal of Implementation Plans). The EPA interpretation
of these requirements, which forms the basis for this action, appears
in the NOX Supplement and various EPA policy guidance
documents.10 Among these provisions is the requirement that a
NOX rule must, at a minimum, provide for the implementation of
RACT for stationary sources of NOX emissions. However, because the
measure is being incorporated into the SIP as a maintenance measure for
the area's redesignation plan, and since the District applied for and
received a NOX RACT exemption, the rule is not being evaluated for
meeting the RACT emission limits pursuant to section 182(f) of the CAA.
Rather, the rule is being incorporated into the SIP as an attainment
maintenance measure for ozone, and is being evaluated for SIP
enforceability purposes.
---------------------------------------------------------------------------
\10\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988).
---------------------------------------------------------------------------
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations and EPA policy. Therefore, the
rule is being approved under section 110(k)(3) of the CAA as meeting
the requirements of section 110(a) and Part D.
VI. Conclusion
In today's final action, EPA is determining that as a consequence
of EPA's determination that the Monterey Bay Area ozone nonattainment
area has attained the ozone standard and continues to attain the
standard at this time, the requirements of section 182(b)(1) concerning
the submission of the 15 percent plan and ozone attainment
demonstration and the requirements of section 172(c)(9) concerning
contingency measures are not applicable to the area so long as the area
does not violate the ozone standard prior to the effective date of this
redesignation.
Finally, EPA is approving the Monterey Bay Area ozone maintenance
plan as it meets the requirements of section 175A, and the Agency is
redesignating the Monterey Bay Area to attainment for ozone because the
State of California has demonstrated compliance with the requirements
of section 107(d)(3)(E) for redesignation. Additionally, EPA is
approving the 1990 emissions inventory, VOC RACT Rule 419 and NOX
RACT Rule 431 corrections, and the Emissions Statement Rule as
revisions to the California SIP for the Monterey Bay Area as they meet
the requirements of sections 182(a) and (b) of the Act.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements. The ozone SIP is designed to satisfy the requirements
[[Page 2606]]
of Part D of the CAA and to provide for attainment and maintenance of
the ozone NAAQS. This final redesignation should not be interpreted as
authorizing the State of California to delete, alter, or rescind any of
the VOC or NOX emission limitations and restrictions contained in
the approved ozone SIP. Changes to the ozone SIP VOC RACT regulations
rendering them less stringent than those contained in the EPA approved
plan cannot be made unless a revised plan for attainment and
maintenance is submitted and approved by EPA. Unauthorized relaxations,
deletions, and/or changes could result in both a finding of
nonimplementation (section 173(b) of the CAA) and in a SIP deficiency
call made pursuant to section 110(a)(2)(H) of the CAA.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Redesignation of an area to attainment under section 107(d)(3)(E)
of the CAA, and approval of an emissions inventory do not impose any
new requirements on small entities. Additionally, the approval of the
emission statement rule, which waives reporting requirements for
facilities with the potential to emit less than 25 tons per year of VOC
or NOX, does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. SIP
approvals under sections 110 and 301(a) and subchapter I, Part D of the
CAA do not create any new requirements, but simply approve the
requirements that the State is already imposing. Therefore, the
Administrator certifies that the approval of the SIP revisions and
redesignation will not affect a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
CAA, preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base Agency actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (S. Ct. 1976); 42
U.S.C. 7410(a)(2).
Unfunded Mandates
Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,
EPA must undertake various actions in association with proposed or
final rules that include a Federal mandate that may result in estimated
costs of $100 million or more to the private sector, or to State,
local, or tribal governments in the aggregate.
Through submission of the state implementation plan or plan
revisions approved in this action, the State and any affected local or
tribal governments have elected to adopt the program provided for under
section 175A and 182(a)(1) of the Clean Air Act. Also, EPA's final
action approving the emission inventory does not impose any federal
intergovernmental mandate, as defined in section 101 of the Unfunded
Mandates Act. The rules and commitments approved in this action may
bind State, local and tribal governments to perform certain actions and
also may ultimately lead to the private sector being required to
perform certain duties. To the extent that the rules and commitments
being approved by this action will impose or lead to the imposition of
any mandate upon the State, local or tribal governments either as the
owner or operator of a source or as a regulator, or would impose or
lead to the imposition of any mandate upon the private sector, EPA's
action will impose no new requirements; such sources are already
subject to these requirements under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. Therefore, EPA has determined
that this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Courts of Appeals for the appropriate circuit by March 18, 1997. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for 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. This action may not be challenged later in proceedings
to enforce its requirements (See section 307(b)(2) of the Act, 42
U.S.C. 7607(b)(2).
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
These actions have been classified as Table 2 and Table 3 actions
for signature by the Regional Administrator under the procedures
published in the Federal Register on January 19, 1989 (54 FR 2214-
2225), as revised by an October 14,1993 memorandum from Michael H.
Shapiro, Acting Assistant Administrator for Air and Radiation and by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from the requirements of section 6 of
Executive Order 12866.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental Protection Air pollution control, National Parks,
Wilderness Areas.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: November 15, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of 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. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs
(c)(194)(i)(F)(5), (c)(207)(i)(E)(1), (c)(209), (c)(213), and
(c)(225)(i)(E)(1) to read as follows:
[[Page 2607]]
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194) * * *
(i) * * *
(F) * * *
(5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June
9, 1993.
* * * * *
(207) * * *
(i) * * *
(E) * * *
(1) Rule 419, adopted on November 23, 1994.
* * * * *
(209) Redesignation Request and Ozone Maintenance Plan for the
redesignation of the Monterey Bay Unified Air Pollution Control
District submitted on July 14, 1994 and November 14, 1994,
respectively, by the Governor's designee.
(i) Incorporation by reference.
(A) Maintenance Plan for the redesignation of the Monterey Bay Area
adopted on October 19, 1994 by the Monterey Bay Unified Air Pollution
Control District, October 12, 1994 by the Association of Monterey Bay
Area Governments, and October 6, 1994 by the Council of San Benito
County Governments.
* * * * *
(213) Statewide 1990 Base-year Ozone Precursor Emission Inventory
for Ozone Nonattainment Areas submitted on March 30, 1995, by the
Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Area Unified Air Pollution Control District.
(1) 1990 Base-year ozone emissions inventory, adopted on October
19, 1994.
* * * * *
(225) * * *
(i) * * *
(E) * * *
(1) Rule 431, adopted on August 16, 1995.
* * * * *
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7407, 7501, 7515, 7601.
Subpart B--Designation of Air Quality Control Regions
2. In Sec. 81.305, the table for ``California--Ozone'' is amended
by revising the entry ``Monterey Bay Area'' to read as follows:
Sec. 81.305 California.
* * * * *
California--Ozone
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Monterey Bay Area................... February 18, 1997.................... Attainment...........................
Monterey County
San Benito County
Santa Cruz County
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
This date is November 15, 1990, unless otherwise noted.
[FR Doc. 97-876 Filed 1-16-97; 8:45 am]
BILLING CODE 6560-50-W
