[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Proposed Rules]
[Pages 67320-67323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33609]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-203-0062; FRL-5940-7]
Approval and Promulgation of State
Implementation Plans; California; Ventura County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a state implementation plan (SIP)
revision submitted by the State of California relating to control
measures for attaining the ozone national ambient air quality standards
(NAAQS) in the Ventura County nonattainment area. The submittal revises
control measure adoption schedules in the 1994 ozone SIP for Ventura
County. EPA is proposing to approve the SIP revision under provisions
of the Clean Air Act (CAA or the Act) regarding EPA action on SIP
submittals, SIPs for national primary and secondary ambient air quality
standards, and plan requirements for nonattainment areas.
DATES: Written comments on this proposal must be received by January
23, 1998.
ADDRESSES: Comments should be addressed to the USEPA contact listed
below.
The rulemaking docket for this notice may be inspected and copied
at the following location during normal business hours. A reasonable
fee may be charged for copying parts of the docket.
Environmental Protection Agency, Region 9, Air Division, Air Planning
Office 75 Hawthorne Street, San Francisco, CA 94105-3901
Copies of the SIP materials are also available for inspection at
the addresses listed below:
[[Page 67321]]
California Air Resources Board, 2020 L Street, Sacramento, California
Ventura County Air Pollution Control District, 669 County Square Drive,
Ventura, California
FOR FURTHER INFORMATION CONTACT: Dave Jesson (415) 744-1288, Air
Planning Office (AIR-2), Air Division, U.S. EPA, Region 9, 75 Hawthorne
Street, San Francisco, California, 94105-3901.
SUPPLEMENTARY INFORMATION:
I. Background
A. Clean Air Act Requirements
The Federal CAA was substantially amended in 1990 to establish new
planning requirements and attainment deadlines for the NAAQS. Under
section 107(d)(1)(C) of the Act, areas designated nonattainment prior
to enactment of the 1990 amendments, including Ventura, were designated
nonattainment by operation of law. Under section 181(a) of the Act,
each ozone area designated nonattainment under section 107(d) was also
classified by operation of law, depending on the area's air quality
problem. Ventura County was classified as severe, with an attainment
date of November 15, 2005.1
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\1\ The designation and classification of Ventura County for
ozone are codified at 40 CFR 81.305.
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Section 172 of the Act contains general requirements applicable to
SIPs for nonattainment areas. Section 182 of the Act sets out
additional air quality planning requirements for ozone nonattainment
areas.
The most fundamental of these provisions is the requirement that
ozone nonattainment areas classified as serious, severe, or extreme,
submit by November 15, 1994, a SIP demonstrating attainment of the
ozone NAAQS as expeditiously as practicable but no later than the
deadline applicable to the area's classification. CAA section
182(c)(2)(A). Such a demonstration must provide enforceable measures to
achieve emission reductions at or below the level predicted to result
in attainment of the NAAQS throughout the nonattainment area. Sections
182(b)(1) and 182(c)(2)(B) also require the SIPs to achieve specific
rates of progress (ROP) in milestone years leading to the attainment
year.
EPA has issued a ``General Preamble'' describing the Agency's
preliminary views on how EPA intends to act on SIPs submitted under
Title I of the Act. See generally 57 FR 13498 (April 16, 1992) and 57
FR 18070 (April 28, 1992). The reader should refer to the General
Preamble for a more detailed discussion of EPA's preliminary
interpretations of Title I requirements. In this proposed rulemaking
action, EPA is applying these policies to the Ventura ozone SIP
submittal, taking into consideration the specific factual issues
presented.
B. EPA Actions on Prior Ventura Ozone SIP Revisions
The Ventura County Air Pollution Control District (VCAPCD) adopted
an ozone attainment plan on November 8, 1994. This plan was forwarded
to the California Air Resources Board (CARB), which submitted the plan
as a proposed revision to the California SIP on November 15, 1994. On
December 19, 1995, VCAPCD adopted an updated plan, making minor
revisions to adoption and implementation schedules and estimates of
emissions reductions for some of the control measures. On July 12,
1996, CARB submitted this updated plan, with a request that EPA approve
the corrected version of the control measures.
On January 8, 1997 (62 FR 1150), EPA issued final approval of the
Ventura 1994 ozone SIP, as amended by the submittal of July 12, 1996.
Specifically, EPA approved the Ventura 1994 ozone SIP with respect to
the Act's requirements for emission inventories, control measures,
modeling, and demonstrations of 15% ROP and post-1996 ROP and
attainment. As part of this action, EPA approved, under sections
110(k)(3) and 301(a) of the Act, VCAPCD's enforceable commitments to
adopt and implement 18 control measures by express dates to achieve
specific emission reductions for the ROP milestone years 1999, 2002,
and 2005.
EPA's approval noted that VCAPCD had adopted on January 9, 1996,
minor further changes to the adoption schedule and emission reductions
for many of the control measures. Because the further changes had not
yet been submitted by CARB, however, EPA explained that the Agency must
act on the adoption schedule as revised by Ventura on December 19,
1995. EPA noted that if the January 1996 changes were to be submitted
as a further revision to the SIP's rule adoption schedule, EPA intended
to approve them since the changes did not adversely affect ROP or
attainment (62 FR 1175).
C. Current SIP Revision
On October 21, 1997, the VCAPCD Board adopted, after proper public
notice and involvement, a 1997 revision to the ozone plan, updating the
adoption and implementation dates for 8 measures in the 1994 ozone
SIP.2
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\2\ VCAPCD Board Resolution is part of the docket for this
proposed rulemaking. The VCAPCD plan update also extends the
adoption date for one additional measure, R-705/N-705 Low Emission
Vehicle Fleets, which was not approved as part of the 1994 ozone
SIP. CARB did not include this measure in the 1997 SIP submittal.
VCAPCD assigns no emission reduction credit to the measure and does
not propose a specific implementation date.
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On November 5, 1997, CARB adopted and submitted this update as a
SIP revision. The docket to this proposed rulemaking includes CARB
Executive Order G-125-227, dated November 5, 1997, and a SIP
transmittal letter from Michael P. Kenny, CARB Executive Officer, to
Felicia Marcus, EPA Regional Administrator, Region 9, dated November 5,
1997. On November 19, 1997, EPA found the revision to be complete,
pursuant to EPA's completeness criteria that are set forth in 40 CFR
Part 51 Appendix V.3 A technical clarification regarding
emission reductions for each measure is also part of the docket to this
action. The clarification is in a November 20, 1997 letter from Richard
H. Baldwin, VCAPCD Air Pollution Control Officer, to Michael Kenny.
CARB submitted this letter to EPA on December 5, 1997 (letter from
Michael P. Kenny to David Howekamp, EPA) as a technical clarification
to the SIP.
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\3\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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The table entitled ``Revised Adoption and Implementation Dates for
Ventura Measures'' displays the adoption and implementation dates for
each rule in the existing SIP and the proposed revision.
Revised Adoption and Implementation Dates for Ventura Measures
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Adoption Implementation
Rule No. Control measure --------------------------------------------
SIP Rev SIP Rev
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R-303............................ AIM Architectural Coatings...... 12/96 12/99 12/97 .........
Phase 1..................... ......... .......... ......... 2000
[[Page 67322]]
Phase 2..................... ......... .......... ......... 2001
Phase 3..................... ......... .......... ......... 2003
R-322............................ Painter Certification Program... 6/97 12/00 ......... .........
Phase 1..................... ......... .......... 12/97 12/01
Phase 2..................... ......... .......... 12/98 12/02
R-327............................ Electronic Component 6/96 12/99 7/97 12/01
Manufacturing.
R-410............................ Marine Tanker Loading........... 9/96 12/01 7/97 12/02
R-420............................ Pleasure Craft Fuel Transfer.... 6/97 12/01 7/98 12/02
R-421............................ Utility Engine Refueling 12/96 12/01 9/97 12/02
Operations.
R-425............................ Enhanced Fugitive I/M Program... 9/96 12/98 5/97 12/99
N-102............................ Boilers, Steam Generators, 12/96 12/99 1/97 12/00
Heaters <1 mmbtu.="" ----------------------------------------------------------------------------------------------------------------="" in="" a="" technical="" clarification="" to="" the="" sip="" submittal,="" vcapcd="" also="" provided="" a="" table="" of="" revised="" emission="" reductions="" for="" each="" measure="" and="" rop="" milestone,="" reflecting="" improved="" information="" on="" the="" measures="" (primarily="" corrections="" to="" calculation="" errors)="" and="" the="" impact="" of="" changes="" to="" the="" adoption="" schedule.="" vcapcd="" adopted="" many="" of="" these="" revised="" emission="" reductions="" as="" part="" of="" the="" 1995="" aqmp="" revision="" adopted="" december="" 19,="" 1995.="" the="" revised="" 2005="" emission="" reductions="" proposed="" for="" approval="" in="" this="" action="" were="" used="" in="" the="" modeling="" in="" the="" ventura="" attainment="" demonstration,="" which="" was="" approved="" by="" epa="" as="" part="" of="" the="" ventura="" 1994="" ozone="" sip.="" the="" revised="" estimates="" of="" emission="" reductions="" based="" upon="" the="" december="" 19,="" 1995="" reanalysis="" and="" the="" revised="" implementation="" schedule="" appear="" below="" in="" the="" table="" entitled="" ``revised="" emission="" reductions="" for="" ventura="" measures.''="" revised="" emission="" reductions="" for="" ventura="" measures="" ----------------------------------------------------------------------------------------------------------------="" 1999="" 2002="" 2005="" rule="" no.="" control="" measure="" -------------------------------------------------------------------="" sip="" rev="" sip="" rev="" sip="" rev="" ----------------------------------------------------------------------------------------------------------------="" r-303.................="" aim="" architectural="" 0.00="" 0.00="" 0.00="" 0.73="" 0.89="" 0.89="" coatings.="" r-322.................="" painter="" 0.48="" 0.00="" 0.51="" 0.11="" 0.53="" 0.59="" certification="" program.="" r-327.................="" electronic="" component="" 0.07="" 0.00="" 0.07="" 0.07="" 0.08="" 0.08="" manufacturing.="" r-410.................="" marine="" tanker="" 0.00="" 0.00="" 0.00="" 0.00="" 0.00="" 0.00="" loading.="" r-420.................="" pleasure="" craft="" fuel="" 0.08="" 0.00="" 0.08="" 0.00="" 0.08="" 0.08="" transfer.="" r-421.................="" utility="" engine="" 0.19="" 0.00="" 0.20="" 0.00="" 0.20="" 0.20="" refueling="" operations.="" r-425.................="" enhanced="" fugitive="" i/="" 1.21="" 0.00="" 1.07="" 1.16="" 0.95="" 1.03="" m="" program.="" n-102.................="" boilers,="" steam="" 0.05="" 0.00="" 0.06="" 0.04="" 0.06="" 0.04="" generators,="" heaters=""><1 mmbtu.="" total="" voc.............="" 2.03="" 0.00="" 1.93="" 2.07="" 2.73="" 2.87="">x............. 0.05 0.00 0.06 0.04 0.06 0.04
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Sources: The 1994 SIP emission reductions for each control measure for each ROP milestone year are shown in a
table entitled ``Ventura Local Control Measures'' in EPA's final approval of the Ventura 1994 ozone SIP. 62 FR
1176. The revised emissions reductions are taken from a letter from Richard H. Baldwin to Michael Kenny, dated
November 20, 1997, table entitled ``Ventura Local Control Measures (tons per day).'' All emission reductions
are in tons per day of volatile organic compounds (VOC), except for measure N-102, which is tons per day of
oxides of nitrogen (NOx).
The SIP revision included documentation explaining for each measure
why the projected adoption and implementation dates were not realistic,
considering the level of analysis required or, for some new-technology
measures, the relatively small market for control equipment and devices
in Ventura County.4 VCAPCD's documentation demonstrated that
postponement of the adoption and implementation dates for the measures
will not jeopardize ROP because the area, relying only on regulations
that are now fully adopted, will achieve VOC and NOX
emissions reductions significantly in excess of the ROP reductions
required under the CAA. Finally, VCAPCD noted that all measures would
continue to be fully implemented by the attainment date, and that the
revised estimate of emission reductions from the measures in 2005 was
used in the ozone modeling analysis in the 1994 ozone SIP.
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\4\ A copy of the documentation, ``October 21, 1997 Ventura
County Air Pollution Control Board Packet,'' is included in the
docket for this proposed rulemaking.
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II. EPA Action
A. Analysis
Two sections of the CAA constrain EPA's authority to approve
relaxations to the SIP. Section 110(l) prohibits EPA from approving a
revision if it would ``interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of this Act.''
Section 193 prevents modification of control requirements ``in effect,
or required to be adopted by an order, settlement agreement, or plan in
effect before November 15, 1990 in any area which is a nonattainment
area for any air pollutant * * * unless the modification insures
equivalent or greater emission reductions of such air pollutant.''
The Ventura 1994 ozone SIP, including its control measures and
demonstrations of ROP and attainment, was not required by an order,
settlement agreement, or plan in effect before November 15, 1990.
Therefore, the provisions of section 193 of the Act do not apply to
this proposed revision.
Section 110(l) does not authorize EPA approval of a revised SIP if
the revision
[[Page 67323]]
would interfere with attainment and reasonable further progress, or any
other applicable CAA requirement.
The cumulative effect of the proposed extensions of implementation
dates is a decrease in 1999 emission reductions of 2.03 tpd VOC and
0.05 tpd NOX. The net effect of the revision is considerably
less in 2002 and 2005. For these ROP milestone years, the delayed
NOx reductions amount to only 0.02 tpd, and VOC reductions
are actually increased by 0.14 tpd, due to recalculated benefits from
measures R-303 and R-425.
The Ventura 1994 ozone SIP meets the minimum Federal ROP
requirements without reliance on any local measures that were not fully
adopted in regulatory form.5 Therefore, the proposed
revision would not interfere with reasonable further progress, which
for ozone areas is equivalent to the minimum CAA ROP requirements
applicable to the area.
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\5\ EPA's final approval of the Ventura 1994 ozone SIP at one
point states that ``the Ventura control measures are relied upon in
meeting the post-1996 ROP and attainment requirements of the Act.''
62 FR 1176. This statement is true with respect to attainment but is
in error with respect to ROP requirements. VCAPCD's 1994 ozone SIP
includes a Post-96 ROP schedule that meets the minimum CAA
requirement for each milestone year (9% reduction in emissions for
each 3-year period through the attainment year, i.e., 1999, 2002,
2005), relying only on fully adopted regulations, with no credit
taken from local control measures. The 1994 ozone SIP uses
creditable NOX reductions to substitute for VOC
shortfalls in 2002 and 2005, as allowed by section 182(c)(2)(C) of
the Act.
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Because the proposed revision simply delays rather than relaxes or
withdraws control measures in the approved SIP, because the total
amount of postponed emission reductions is small, because there is a
net increase in the total of ozone precursor emission reductions in the
attainment year, and because the VOC/NOX emission reductions
reflected in this submittal were used in the modeled attainment
demonstration in the Ventura 1994 ozone SIP, EPA concludes that the
proposed revision would not interfere with any requirement of the CAA
relating to the 1-hour ozone NAAQS, or any other NAAQS, or any other
State obligation under the Act.
B. Summary of Proposed Action
In this document, EPA is proposing to approve the 1997 update to
the 1994 ozone SIP for Ventura under sections 110(k)(3) and 301(a) of
the Act. The effect of this approval, if finalized, would be to amend
the federally enforceable adoption and implementation dates and
emission reductions for 8 measures in the Ventura 1994 ozone SIP as
shown in the tables above entitled ``Revised Adoption and
Implementation Dates for Ventura Measures'' and ``Revised Emission
Reductions for Ventura Measures.''
III. 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 business, small not-for-profit enterprises, and
government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301 and subchapter I, part D
of the CAA, do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, it does not
have a significant impact on any small entities affected. 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 its actions concerning SIP's on such grounds.
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
The OMB has exempted this action from review under Executive Order
12866.
IV. 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 these SIP revisions, the State and any
affected local or tribal governments have elected to adopt the program
provided for under section 110 and 182(b) of the CAA. These rules may
bind State, local, and tribal governments to perform certain actions
and also require the private sector to perform certain duties. To the
extent that the rules being approved or disapproved by this action will
impose 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
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.
EPA has also 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, hydrocarbons,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Authority: U.S.C. 7401 et seq.
Dated: December 16, 1997.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 97-33609 Filed 12-23-97; 8:45 am]
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