[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23983]
[Federal Register: September 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CA-64-1-6504; FRL-5080-5]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of California;
Approval of the Maintenance Plan for the San Francisco Bay Area and
Redesignation of the San Francisco Bay Area Ozone Nonattainment Area to
Attainment; Approval of Emissions Inventory; Approval of NOX RACT
Exemption Petition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPR).
SUMMARY: On November 12, 1993 the California Air Resources Board (CARB)
submitted a maintenance plan and a request to redesignate the San
Francisco Bay Area ozone nonattainment area from nonattainment to
attainment. The ozone nonattainment area includes the following
counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,
Santa Clara, Solano (part), and Sonoma (part). Under the Clean Air Act,
nonattainment areas may be redesignated to attainment if sufficient
data are available to warrant the redesignation and the area meets the
other Clean Air Act redesignation requirements.
In today's action, EPA is proposing to approve the State of
California's submittal because it meets the maintenance plan and
redesignation requirements. In addition, EPA is proposing to approve
the nitrogen oxides (NOx) Reasonably Available Control Technology
(RACT) exemption petition submitted by the Bay Area Air Quality
Management District (BAAQMD) on April 15, 1994 under section 182(f).
Finally, EPA is proposing to expedite the approval of the annual and
peak season 1990 inventory of actual ozone precursor emissions required
by section 182(a)(1) by parallel processing the emissions inventory.
DATES: Comments must be received by December 27, 1994.
ADDRESSES: Written comments should be addressed to: David P. Howekamp,
Director, Air and Toxics Division (A-1), United States Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco,
California, 94105.
Copies of the redesignation request, State submittal and the EPA's
technical support document (TSD) are available for public review at the
above address and at the California Air Resources Board, 2020 L Street,
Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Wallace Woo, Chief, Plans Development
Section (A-2-2), Air Planning Branch, United States Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco,
California, 94105, (415) 744-1207.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background.
II. Evaluation Criteria.
III. Review of State Submittal.
1. Attainment of the Standard
A. The Ozone Standard
B. The BAAQMD Monitoring Record
C. The Alum Rock Monitor
2. Meeting the Applicable Requirements of Section 110 and Part D
A. Section 110 Requirements
B. Part D Requirements
B1. Subpart 1 of Part D--Section 172(c) Plan Provisions
B2. Subpart 1 of Part D--Section 176(c) Conformity Plan
Provisions
B3. Subpart 2 of Part D--Sections 182(a) and 182(b) Requirements
B4. Section 182(f) NOX RACT Exemption Petition
a. Section 182(f) Requirements and Exemption Provisions
b. BAAQMD NOX RACT Exemption Petition
c. Proposed Action
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
5A. Emission Inventory--Base Year Inventory
5B. Demonstration of Maintenance--Projected Inventories
5C. Verification of Continued Attainment
5D. Contingency Plan
5E. Subsequent Maintenance Plan Revisions
IV. Potential Impact of California FIP and SIPs
V. Conclusion
I. Background
The Clean Air Act, as amended in 1977 (1977 Act) required areas
that were designated nonattainment based on a failure to meet the ozone
national ambient air quality standard (NAAQS) to develop SIPs with
sufficient control measures to expeditiously attain and maintain the
standard. The San Francisco Bay Area was designated under section 107
of the 1977 Act as nonattainment with respect to the ozone NAAQS on
March 3, 1978 (40 CFR 81.305). In accordance with section 110 of the
1977 Act, the California Air Resources Board (CARB) submitted an ozone
SIP as required by part D of the 1977 Act on July 25, 1979, which EPA
took final action to approve in part, disapprove in part (lack of legal
authority and legislation to implement an inspection and maintenance
(I/M) program) and conditionally approve in part (resource and
extension requirements for transportation control measures with respect
to part D) on March 19, 1982 (47 FR 11866) with respect to the
requirements of section 110 and part D of the 1977 Act. On July 26,
1983, CARB submitted the legislation and implementation schedule for an
I/M program which EPA fully approved on November 25, 1983 (48 FR
53114). This approval rescinded EPA's earlier disapproval of the San
Francisco Bay Area's SIP. On February 4, 1983, CARB submitted a SIP
revision for the San Francisco Bay Area which projected attainment of
the ozone and carbon monoxide NAAQS by 1987. EPA published final
approval of this SIP revision and removed the earlier conditional
approval for the San Francisco Bay Area on December 28, 1983 (48 FR
57130). In its SIP, CARB projected that the San Francisco Bay Area
nonattainment area would attain the ozone standard by 1987. The area
failed to attain the standard.
In a May 26, 1988 letter, EPA issued a finding under section
110(a)(2)(H) of the Clean Air Act (the 1988 SIP-Call) that California's
SIP for the San Francisco Bay Area was substantially inadequate to
attain and maintain the NAAQS for ozone and carbon monoxide. This
finding called on California to begin a two phase process which would
lead to the revision of the plans. The first phase consisted of
updating the emissions inventory, making certain corrections to the
area's existing stationary source rules, and beginning to gather other
pertinent data by August 1988. The second phase consisted of submitting
a revised SIP containing changes necessary to attain the NAAQS. On June
13, 1989, EPA notified California that the deadline for the second
phase of this SIP-Call was September 30, 1991.
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 San Francisco
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. In a September 5, 1991 letter, EPA notified California that
earlier deadlines for the SIP-Call were revised to conform with the
requirements of the Clean Air Act Amendments of 1990.
The BAAQMD more recently has collected ambient monitoring data that
show no violations of the ozone NAAQS (See discussion in Section III.1
below). Accordingly, on November 12, 1993 California requested
redesignation of the area to attainment with respect to the ozone NAAQS
and submitted an ozone maintenance SIP for the San Francisco Bay Area.
The three co-lead agencies in the San Francisco Bay Area under section
174 of the Act, the BAAQMD, the Metropolitan Transportation Commission
(MTC), and the Association of Bay Area Governments (ABAG), delegated
authority to the Joint Air Quality Policy Committee (JAQPC), which is
composed of representative board members from the three co-lead
agencies, to hold a joint agency public hearing on the redesignation
request and maintenance plan. On August 18, 1993, JAQPC held a public
hearing on the redesignation request and maintenance plan. The plan and
redesignation request were subsequently adopted by the BAAQMD, MTC and
ABAG on September 1, 1993, September 22, 1993 and September 16, 1993,
respectively, at regularly scheduled agency board meetings.
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 timeframe for EPA's determination of completeness and
rulemaking action on plan submissions. In accordance with section
110(k)(1)(B) of the Act, the San Francisco Bay Area's ozone
redesignation request and maintenance plan was deemed complete by
operation of law on May 12, 1994. Thus, the submittal is considered
complete as of November 12, 1993, the date it was submitted.
On July 21, 1994, CARB sent a letter to EPA requesting ``parallel
processing'' of certain revisions to the San Francisco Bay Area's ozone
maintenance plan and SIP, including new contingency measures in the
maintenance plan, a 1990 emissions inventory, emission statement rule,
new source review rule, and amendments to various VOC RACT regulations.
The parallel processing request contained draft copies of the SIP
revisions that the BAAQMD will adopt this year. The parallel processing
provision of 40 CFR part 51, appendix V allows EPA to propose action on
the draft revisions prior to submission of the locally adopted SIP
revision by the State. At the time of final EPA action, the complete
revisions must be submitted to EPA by the State.
II. Evaluation Criteria
The 1990 Amendments revised section 107(d)(1)(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.
III. Review of State Submittal
The California redesignation request for the San Francisco 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. EPA's technical support document (TSD) contains a
more detailed analysis of the submittal with respect to certain of
these evaluation criteria.
1. Attainment of the Ozone NAAQS
A. The Ozone Standard
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 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. When a valid daily maximum
hourly average value is not available for each required monitoring day
during the year, these missing days must be accounted for when
estimating exceedances for the year. Appendix H provides the formula
used to estimate the expected number of exceedances for each year.
B. The BAAQMD Monitoring Data
The State of California's request is based on an analysis of
quality-assured ozone air quality data which is relevant to both the
maintenance plan and to the redesignation request. This data comes from
the BAAQMD State and Local Air Monitoring Station (SLAMS) network which
is comprised of 23 monitoring stations. The request is based on ambient
air ozone monitoring data for calendar years 1990 through 1992. This
data clearly shows an expected exceedance rate for the ozone standard
of less than 1.0 per year for 22 of the 23 monitors, including each of
the monitors on which the nonattainment designation was based. The
exception is the Alum Rock monitor, discussed below, which is a
monitoring site that was established during the 1992 ozone season. As
described below, the Alum Rock monitoring site recorded one exceedance
of the ozone NAAQS in 1992, but EPA believes that due to the
circumstances of the timing of the establishment of the site, the best
estimate of the expected exceedance rate for this monitoring site leads
to the conclusion that the San Francisco Bay Area achieved the ozone
NAAQS during the 1990-1992 period.
C. The Alum Rock Monitor
The original Alum Rock monitoring site was located at a fire
station in the northeast portion of San Jose. The BAAQMD lost its lease
to this monitoring site in October 1990. Prior to its forced closure,
the site had not recorded any exceedances of the standard since 1987. A
new Alum Rock monitoring location was established in August 1992. This
monitor recorded an exceedance of the ozone NAAQS on September 26,
1992. The actual monitored value was 0.125 ppm, the lowest possible
measured value which would be considered an exceedance of the ozone
NAAQS.
Because the site was operated for only five months during 1992,
there is a large gap in data for the new site for 1992. Appendix H
contains a formula for estimating the number of exceedances for a year
when there is missing data. Normally, for an established site with two
previous years of monitoring data, this number would be added to the
number of exceedances for the two previous years and averaged to yield
an expected exceedance per year. However, because the new site was
established at a nearby but different location, it must be considered
to be a different site. For this reason, the estimated exceedances for
1992 cannot be averaged over the three year period from 1990 through
1992. Therefore, while an expected annual exceedance rate can be
calculated for the Alum Rock site, the lack of three complete years of
data introduces uncertainties into the calculation using the formula
contained in appendix H.
Appendix H does not explicitly address the situation where a new
site starts up and collects data for only a portion of the calendar
year. However, this situation has been addressed in an EPA memorandum,
``Ozone and Carbon Monoxide Design Value Calculations,'' William
Laxton, Director, Technical Support Division, OAQPS, June 18, 1990
(Laxton memo). The memo recognizes the disincentive created by applying
the estimated exceedance calculation for missing data to new sites. The
missing data penalty created by the calculation is designed to
encourage prompt repair or replacement of monitors, rather than to
discourage air pollution control agencies from installing new
monitoring sites in excess of the number required by 40 CFR part 58.
For this reason, the Laxton memo essentially allows an agency which
installs a new monitoring site to base the estimated exceedance
calculation for the initial year on the portion of the year following
start-up of the monitor. Based on the underlying reasoning of the
Laxton memo and the fact that there were no exceedances at any of the
22 established monitoring sites during June, July and August of 1992,
EPA calculated expected exceedances for the new Alum Rock site using
data from August 24, 1992, the date on which the new Alum Rock
monitoring site was established, through the end of December 1992. That
calculation results in an estimated expected exceedance calculation of
1.0 exceedances for 1992. EPA believes that, in light of the
uncertainties attendant to the lack of three full years of data from
the Alum Rock monitor, this calculation represents the ``best
estimate'' of the expected exceedance rate for the Alum Rock monitor in
1992 and leads to the conclusion that, in all likelihood, the San
Francisco Bay Area achieved attainment during the 1990-1992 period. The
lack of any monitored exceedances at any of the other monitors in the
San Francisco Bay Area's extensive SLAMs network during the June-August
1992 period provides additional support for EPA's belief that this
calculation represents the best estimate of expected exceedances at the
Alum Rock site.
EPA notes that monitoring at Alum Rock following the end of 1992
continues to show attainment. This provides further support for the
conclusion that the best estimate of expected exceedances at the Alum
Rock site for 1992 is 1.0.
D. Demonstration of Attainment
In sum, while some uncertainty attaches to the monitoring data from
the Alum Rock site established in August 1992, EPA believes that the
data submitted by the BAAQMD provides an adequate demonstration that
the San Francisco Bay Area attained the ozone NAAQS during the 1990-
1992 period. Moreover, monitoring data from all sites in the Bay Area
SLAMs network continues to show attainment in 1993 and so far in 1994.
In order for EPA to take final action approving the San Francisco
Bay Area redesignation request, monitoring data from all 23 sites in
the BAAQMD's SLAMs network must continue to demonstrate attainment up
to the time of final action. Thus, EPA proposes to approve the San
Francisco Bay Area redesignation only if the monitoring data from the
entire SLAMs network continues to demonstrate attainment. If the
monitoring data records a violation of the NAAQS before final action is
taken on this proposal, the proposed approval of the redesignation will
be withdrawn and a proposed disapproval substituted for the proposed
approval.
In addition to the demonstration discussed above, EPA required
completion of air network monitoring requirements set forth in 40 CFR
part 58. This included a quality assurance plan revision and a
monitoring network review to determine the adequacy of the ozone
monitoring network. The BAAQMD fulfilled these requirements to complete
documentation for the air quality demonstration. The BAAQMD has also
committed to continue monitoring in this area in accordance with 40 CFR
part 58.
EPA agreed with the BAAQMD recommendation in its network review
concerning the need for one additional ozone monitor in the area south
of San Jose. As a result, the BAAQMD established an additional State
and Local Air Monitoring Site (SLAMS) at the San Martin site in Santa
Clara County in April 1994. EPA will review data from this new
monitoring station as part of its review of the 1994 ozone season.
2. Meeting Applicable Requirements of Section 110 and Part D
On December 28, 1983 (48 FR 57130), EPA fully approved California's
SIP for the San Francisco Bay Area as meeting the requirements of
section 110(a)(2) and part D of the 1977 Act, with the exception of the
I/M program which was approved on November 25, 1983 (48 FR 53114) and
committed to specific implementation schedules for the San Francisco
Bay Area. The 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.\1\ EPA interprets section 107(d)(3)(E)(v) of the Act to mean
that, for a redesignation request to be approved, the State must have
met all requirements that applied to the subject area prior to or at
the same time as the submission of a complete redesignation request.
Requirements of the Act that come due subsequently continue to be
applicable to the area at later dates (see section 175A(c)) and, if
redesignation of any of the areas is disapproved, the State remains
obligated to fulfill those requirements. These requirements are
discussed below.
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\1\``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.
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As discussed earlier in this document, all of the SIP requirements
must be met by the BAAQMD and approved by EPA into the SIP prior to
final action on the redesignation request. In the event that these
requirements are not met, EPA proposes in the alternative to disapprove
the redesignation request. Based on CARB's July 21, 1994 letter to EPA,
EPA is ``parallel processing'' certain SIP revisions in this document
(contingency measures and 1990 emission inventory) and will address the
other requirements (VOC RACT regulations, emission statement rule, new
source review) in a separate Federal Register document prior to final
action on this revision. EPA's decision to parallel process the locally
adopted contingency measures and 1990 emissions inventory reflect EPA's
positive technical and administrative review. An EPA letter dated
August 25, 1994 (Howekamp, EPA, to Boyd, CARB) finds the revised
baseyear inventory complete (for parallel processing purposes) and
rescinds the April 13, 1993 finding of incompleteness for the emission
inventory. An approvability review was performed separately by EPA.
A. Section 110 Requirements
Although section 110 was amended in 1990, the San Francisco 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 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
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 San Francisco 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 San Francisco 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 State 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) Plan 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, i.e., unless EPA
establishes an earlier date. EPA has determined that the section
172(c)(2) reasonable further progress (RFP) (with parallel requirements
for a moderate ozone nonattainment area under subpart 2 of part D, due
November 15, 1993) was not applicable at the time the State of
California submitted the San Francisco Bay Area redesignation request
on November 12, 1993. Also, the 172(c)(9) contingency measures and
additional 172(c)(1) non-RACT reasonable available control measures
(RACM) beyond what may already be required in the SIP are no longer
necessary, since no earlier date was set for these measures and as RFP
was not due until November 15, 1993. As discussed below in section B3.,
subpart 2 of part D, the BAAQMD is in the process of revising certain
VOC RACT rules to meet the Clean Air Act requirements.
The 172(c)(3) emissions inventory requirement has been met by the
submission and proposed approval of the 1990 base year inventory
required under subpart 2 of part D, section 182(a)(1).
As for the 172(c)(5) NSR requirement, once an area is redesignated
to attainment, this requirement is no longer applicable. The area then
becomes subject to prevention of significant deterioration (PSD)
requirements in lieu of the NSR program (57 FR 13564). Currently, the
San Francisco Bay Area is amending its NSR rule to comply with the
provisions of the 1990 Clean Air Act amendments. Prior to final action
on the redesignation request and maintenance plan, EPA will take final
rulemaking action on the BAAQMD's NSR program with respect to the ozone
requirements of sections 182(a)(2)(C) and 182(b)(5) in a separate
Federal Register document. Upon redesignation to attainment, BAAQMD
will continue with NSR permitting until such time as BAAQMD requests
delegation of the PSD program for VOC. At that time, the nonattainment
area requirements of the BAAQMD's NSR program will be placed in the
contingency plan. See the TSD accompanying this notice for a detailed
discussion of the NSR requirements and deficiencies in the current
regulation.
Finally, for purposes of redesignation, the San Francisco Bay Area
SIP was reviewed to ensure that all requirements of section 110(a)(2),
containing general SIP elements, under the Act were satisfied. Title 40
CFR 52.220 evidences that the San Francisco Bay Area SIP was approved
under section 110 of the Act, and further that it satisfies all
applicable part D, title I requirements with the exception of the
outstanding part D requirements for the ozone SIP, mentioned above.
B.2. Subpart 1 of Part D-- Section 176 Conformity Plan Provisions.
Section 176(c) of the Act 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 State SIP. The requirement to determine conformity applies
to transportation plans, programs and projects developed, funded, or
approved under title 23 U.S.C. or the Federal Transit Act
(``transportation conformity''), as well as to all other Federal
actions (``general conformity''). Section 176 further provides that the
conformity revisions to be submitted by the States must be consistent
with Federal conformity regulations that the Act required EPA to
promulgate. 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 I informed the State
that its conformity regulations would establish a submittal date (see
57 FR 13498, 13557, (April 16, 1992)).
The EPA promulgated final transportation conformity regulations on
November 24, 1993 (58 FR 62118) and general conformity regulations on
November 30, 1993 (58 FR 63214).
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. Pursuant to 40 CFR 51.396 of the transportation
conformity rule and 40 CFR 51.851 of the general conformity rule, the
State of California is required to submit a SIP revision containing
transportation conformity criteria and procedures consistent with those
established in the Federal rule by November 25, 1994. Similarly,
California is required to submit a SIP revision containing general
conformity criteria and procedures consistent with those established in
the Federal rule by December 1, 1994. Because the deadlines for these
submittals have not yet come due, they are not applicable requirements
under section 107(d)(3)(E)(v) and, thus, do not affect approval of this
redesignation request.
Moreover, the BAAQMD has committed to revise its SIP to be
consistent with the final Federal regulations on conformity by the
applicable November 1994 deadlines (see 40 CFR 51.396(a) and 51.851(a),
November 24, 1993 (58 FR 62218) and November 30, 1993 (58 FR 63247),
respectively).
B.3. Subpart 2 of Part D--Section 182(a) and 182(b) Requirements.
The San Francisco Bay Area is a moderate ozone nonattainment area.
Under subpart 2 of part D, such areas must meet the requirements for
marginal areas under section 182(a)(1) as well as the requirements for
moderate areas contained in section 182(b). As discussed in section
2.B.2. above, for purposes of section 107(d)(3)(E)(v), the San
Francisco 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. The BAAQMD has met the requirements
of section 182 with the exception of VOC RACT rule corrections, the
emissions statement rule, and the NSR rule corrections.
At the request of the CARB, EPA will parallel process the SIP
revisions required pursuant to section 182(a) and (b) in a separate
Federal Register notice before final action on the redesignation
request and maintenance plan (See letter dated July 21, 1994 from James
D. Boyd, Executive Officer, CARB to Felicia Marcus, Regional
Administrator, EPA).
The CARB submitted a 1990 emissions inventory of ozone precursors
as required by section 182(a)(1) on November 12, 1992. On November 18,
1993 the CARB submitted a revised 1990 emissions inventory of ozone
precursors which EPA found incomplete on April 13, 1994 because the
emissions inventory had not gone through an adequate public notice and
hearing process. To correct the deficiency, the BAAQMD held a public
hearing on July 29, 1994 (which was the maintenance plan 1990
attainment inventory submitted on November 12, 1993) and will submit
the appropriate documentation to EPA. Through this document, EPA also
proposes to approve the 1990 emissions inventory as required by section
182(a)(1).
Currently, the BAAQMD is in the process of amending certain VOC
RACT regulations required by sections 182(a)(2)(A) and 182(b)(2) which
EPA must fully approve into the SIP prior to final action on the
redesignation request and maintenance plan.2 The following is a
list of the deficient VOC RACT regulations:
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\2\EPA has received all of the VOC RACT rules required by
section 182(a), but the rules do not meet all of EPA requirements
for full approval. EPA has met extensively with the BAAQMD to
discuss specific revisions to correct RACT deficiencies. EPA is
unable to make a definitive determination on the approvability of
these rules until EPA receives and reviews the formal SIP revision
from the CARB.
------------------------------------------------------------------------
Rule No. Rule title
------------------------------------------------------------------------
8-1..... General Provisions.
8-2..... Miscellaneous Operations.
8-4..... General Solvent & Surface Coating Operations.
8-7..... Gasoline Dispensing Facilities.
8-8..... Wastewater (Oil-Water) Separators.
8-11.... Metal Container Closure and Coil Coating.
8-12.... Paper, Fabric, and Film Coating.
8-13.... Light and Medium Duty Motor Vehicle Assembly Plants.
8-14.... Surface Coating of Large Appliance and Metal Furniture.
8-15.... Emulsified and Liquid Asphalts.
8-16.... Solvent Cleaning Operations.
8-19.... Surface Coating of Miscellaneous Metal Parts and Products.
8-20.... Graphic Arts Printing and Coating Operations.
8-22.... Valves and Flanges at Chemical Plants.
8-23.... Coating of Flat Wood Paneling and Wood Flat Stock.
8-24.... Pharmaceutical and Cosmetic Manufacturing Operations.
8-25.... Pump and Compressor Seals at Petroleum Refineries, Chemical
Plants, Bulk Plants, and Bulk Terminals.
8-28.... Pressure Relief Valves at Petroleum Refineries and Chemical
Plants.
8-29.... Aerospace Assembly and Component Coating Operations.
8-30.... Semiconductor Manufacturing Operations.
8-31.... Surface Coating of Plastic Parts and Products.
8-32.... Wood Product Coatings.
8-33.... Gasoline Bulk Terminals and Gasoline Delivery Vehicles.
8-34.... Solid Waste Disposal Sites.
8-35.... Coating, Ink, and Adhesive Manufacturing.
8-38.... Flexible and Rigid Disk Manufacturing.
8-39.... Gasoline Bulk Plants and Gasoline Delivery Vehicles.
8-40.... Aeration of Contaminated Soil.
8-41.... Vegetable Oil Manufacturing Operations.
8-42.... Large Commercial Bakeries.
8-43.... Surface Coating of Marine Vessels.
8-45.... Motor Vehicle and Mobile Equipment Coating Operations.
8-47.... Air Stripping and Soil Vapor Extraction Operations.
8-50.... Polyester Resin Operations.
------------------------------------------------------------------------
Upon EPA's final approval of these rules and the other corrections
noted above, the BAAQMD will have met the applicable requirements of
the Act.
B4. Section 182(f) NOX RACT Exemption Petition--a. Section
182(f) Requirements and Exemption Provisions. Section 182(f) of the Act
requires that the same ozone provisions that apply to major stationary
sources of VOC under subpart 2 of Part D also apply to major stationary
sources of NOX. Areas designated nonattainment of the NAAQS for
ozone, and classified as moderate nonattainment or above, are required
to adopt RACT rules for major stationary sources of NOX and to
provide for nonattainment area new source review (NSR) for new sources
and modifications that are major for NOX. Section 182(f) provides
further that these requirements do not apply if EPA determines that
additional NOX reductions would not contribute to attainment of
the NAAQS, for areas outside the ozone transport region (OTR). Any
person (including a state) may petition EPA to make such a finding. EPA
guidance interpreting the section 182(f) exemption provisions provides
that a state may submit an exemption petition based on three
consecutive years of air quality monitoring data showing attainment of
the ozone NAAQS.
EPA's NOX exemption policy is contained in several
memoranda3 providing that under section 182(f)(1)(A), an exemption
from the NOX requirements may be granted for nonattainment areas
outside the OTR if EPA determines that additional reductions of
NOX would not contribute to attainment of the NAAQS for those
areas. In cases where a nonattainment area is demonstrating attainment
with three consecutive years of air quality monitoring data, without
having implemented the section 182(f) NOX provisions, it is clear
that the ``contribute to attainment'' test is met. Thus, a State may
submit a petition for a section 182(f) exemption based on air quality
monitoring data.
---------------------------------------------------------------------------
\3\Michael H. Shapiro, Acting Assistant Administrator for Air
and Radiation, issued on September 17, 1993, entitled ``State
Implementation Plan (SIP) Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone and Carbon Monoxide
(CO) National Ambient Air Quality Standards (NAAQS) on or after
November 15, 1992'', and, ``Guideline for Determining the
Applicability of Nitrogen Oxide Requirements under Section 182(f),''
from John Seitz, Director, Office of Air Quality Planning and
Standards, to the Regional Division Directors, December 16, 1993,
and a subsequent revision to portions of these memoranda from John
S. Seitz, Director of EPA's Office of Air Quality Planning and
Standards, issued on May 27, 1994, entitled, ``Section 182(f)
Nitrogen Oxides (NOX) Exemptions--Revised Process and
Criteria''.
---------------------------------------------------------------------------
Pursuant to section 182(f)(1) of the Act, the exemption guidance
outlines circumstances under which EPA would determine whether the new
NOX requirements would be limited or would not apply. For areas
that did not implement the section 182(f) NOX requirements but did
attain the ozone standard, as demonstrated by ambient monitoring data,
it is clear that the additional NOX reductions required by section
182(f) would not contribute to attainment, although they might
contribute to maintenance. In addition, EPA has not received a
demonstration that the NOX exemption would interfere with
attainment or maintenance in downwind areas. (See discussion below in
IV. Potential Impact of California Federal Implementation Plan and
State Implementation Plan.)
EPA's conformity rules4,,5 also reference the section
182(f) exemption process as a means for exempting affected areas from
NOX conformity requirements. Therefore, ozone nonattainment areas
that are granted areawide section 182(f) exemptions under this approach
will also be exempt from the NOX conformity requirements.
---------------------------------------------------------------------------
\4\``Criteria and Procedures for Determining Conformity to State
or Federal Implementation Plans or Transportation Plans, Programs,
and Projects Funded or Approved under Title 23 U.S.C. of the Federal
Transit Act'', November 24, 1993 (58 FR 62188).
\5\``Determining Conformity of General Federal Actions to State
or Federal Implementation Plans; Final Rule'', November 30, 1993 (58
FR 63214).
---------------------------------------------------------------------------
b. BAAQMD NOX RACT Exemption Petition. On April 21, 1993, EPA
notified the Governor of California of a finding that the State failed
to submit the NOX RACT provisions by November 15, 1992 as required
by section 182(f). On April 15, 1994, the BAAQMD submitted a petition
to EPA requesting that the San Francisco Bay Area ozone nonattainment
area be exempted from the requirement to implement NOX RACT
controls pursuant to section 182(f) of the Act. A successful exemption
demonstration or a complete submittal of the NOX RACT rules would
cure this deficiency.
The BAAQMD has not implemented NOX RACT and has submitted
monitoring data as part of its redesignation request to demonstrate
attainment of the standard. As discussed above, the BAAQMD has
monitoring data showing that the area attained the ozone NAAQS since
the 1990-1992 timeframe. See section III.1. of this notice for a
detailed discussion of the ozone air quality monitoring data.
c. Proposed Action. The EPA proposes to grant the BAAQMD section
182(f) NOX RACT exemption petition based upon the evidence
provided by the BAAQMD and the BAAQMD's compliance with the
requirements outlined in EPA's section 182(f) exemption guidance. The
final approval of this proposed action would exempt the San Francisco
Bay Area from the requirements to implement the NOX RACT
requirements and the applicable general and transportation conformity
provisions for NOX. However, the NOX RACT control measures
are included as contingency measures in the San Francisco Bay Area's
maintenance plan (See discussion below, 5E. Contingency Plan).
3. Fully Approved SIP Under Section 110(k) of the Act
In order for EPA to take final action approving the redesignation
request and maintenance plan, the San Francisco Bay Area 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 San
Francisco Bay Area SIP under the pre-amended Act and finds that these
provisions meet the requirements of section 110(a)(2). In addition, EPA
will take action on the following SIP revisions prior to taking final
action on the redesignation request and maintenance plan: VOC RACT
rules, NSR rule, and the emission statement rule. Also, EPA is
proposing to approve the emissions inventory as required by section
182(a)(1) through this document. Assuming that these SIP revisions meet
all requirements for approval, EPA will undertake rulemaking to approve
them. Once EPA approves these revisions, the San Francisco Bay Area
will have fulfilled the requirement to have a fully approved SIP under
section 110(k).
The proposed approval of the redesignation request is contingent
upon the BAAQMD fulfilling the requirements of sections 173 and 182
discussed above prior to final rulemaking. In the alternative, if the
requirements are not fulfilled, EPA must disapprove the redesignation
request for the San Francisco Bay Area.
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 San Francisco Bay Area nonattainment area, satisfied
that the rules and the emission reductions achieved as a result of
those rules were enforceable. Since enactment of the amended Act, the
State has made additional submittals as identified in section 182(b)
above. In addition, EPA finds that the measures listed below contribute
to the permanence and enforceability of reductions in ambient ozone
levels in the San Francisco Bay Area.
------------------------------------------------------------------------
Emission
BAAQMD reg reductions
Selected control measures\1\ 8 rule # 1987-1990
VOC (TPD)
------------------------------------------------------------------------
Stationary Sources:
Architectural Coatings........................ 3 1.8
Emulsified and Liquid Asphalts................ 15 2.0
Solvent Cleaning Operations................... 16 0.8
Valves and Flanges at Petroleum Refinery
Complexes.................................... 18 1.4
Graphic Arts Printing and Coating Operations.. 20 0.7
Pump and Compressor Seals at Petroleum
Refineries................................... 25 1.1
Solid Waste Disposal Sites.................... 34 3.1
Natural Gas and Crude Oil Production
Refineries................................... 37 0.6
Motor Vehicles and Mobile Equipment Coating
Operations................................... 45 0.6
Marine Tank Vessel to Marine Tank Vessel
Loading...................................... 46 0.5
Aerosol Paint Coatings........................ 49 0.8
Stationary Sources Subtotal................. .......... 13.4
Mobile Sources:
ARB Motor Vehicle Program (including Basic I/
M)........................................... n/a 56
Total..................................... .......... 69
------------------------------------------------------------------------
\1\Control Measures achieving at least 0.5 TPD reduction of VOC between
1987 and 1990.
The actual reduction in VOC emissions from 1987 to 1990 was 61 TPD
which reflects growth in emissions from some sources and reductions in
emissions due to all control measures.
In association with its emission inventory discussed in Section
5.A. below, the State demonstrated that point source VOC emissions were
not artificially low due to local economic downturn. The BAAQMD
included trend data for vehicle miles traveled (VMT) and employment in
the maintenance plan to demonstrate that attainment was not due to
economic downturn. These trend data indicate that neither VMT growth
nor daily VMT actually decreased during the attainment period. In
addition, using employment data as an indicator for stationary source
emissions, the BAAQMD demonstrated a modest decrease during the
calendar years 1991 and 1992. The overall effect on the stationary
source inventory should have been less than a 2% reduction, not enough
to significantly affect the San Francisco Bay Area's attainment of the
ozone NAAQS. EPA finds that the combination of existing EPA-approved
SIP and Federal measures contribute 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
In today's document, EPA is proposing approval of the State's
maintenance plan for the San Francisco Bay Area because EPA finds that
the BAAQMD's submittal meets the requirements of section 175A. If EPA
determines after public notice and comment that it should give final
approval to the maintenance plan, the San Francisco Bay Area
nonattainment area will have a fully approved maintenance plan in
accordance with 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. Emissions Inventory--Base Year Inventory. The BAAQMD adopted
comprehensive inventories of VOC, NOX, and CO 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
---------------------------------------------------------------------------
\6\``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' John Calcagni, Director, Air Quality Management
Division, September 4, 1992.
---------------------------------------------------------------------------
CARB originally submitted the annual and peak ozone season 1990
comprehensive inventories of actual emissions as a SIP revision on
November 12, 1992, and revised them in a submission dated November 18,
1993. CARB also submitted the San Francisco Bay Area's ozone
maintenance plan on November 12, 1993 which contained a comprehensive
1990 emission inventory. EPA policy (September 29, 1992, Calcagni and
Laxton) allows the public hearing and adoption of the 1990 base year
inventories to occur with the first related regulatory submittal. CARB
developed the inventories to meet the requirements of sections
172(c)(3) and 182(a)(1), in accordance with EPA guidance.
The State submittal contains the detailed inventory data and
summaries by county and source category. The BAAQMD provided the
stationary source estimates, based on source test and mass balance
computations, as required for annual permit renewal. The CARB and
BAAQMD generated 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. Different emission
factors and activity rates apply to each type of vehicle, roadway, and
road condition. Vehicle mix and age data from vehicle registration vary
within each county. Off-road engine estimates were derived from both
State and local sources, as cited in the area source document,
referenced above. The CARB derived VMT estimates from a mix of the
California ``Highway Performance Monitoring System'' (HPMS) and local
surveys. Actual, as opposed to allowable, emission estimates were used
for all source categories.
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 by October 1994, according to a
fiscal year 1994 Clean Air Act section 105 air program grant agreement.
EPA's TSD contains a more detailed analysis of the base year inventory
for the San Francisco Bay Area.
On April 13, 1994, EPA found the 1990 base year inventory
submission incomplete for lack of adequate public notice and adoption.
Instead of adopting the November 12, 1992 and November 18, 1993 base
year inventories as submitted by CARB, the BAAQMD held a public hearing
on a revised 1990 base year inventory on July 29, 1994 which was the
attainment inventory submitted as part of the maintenance plan. The
State requested parallel processing of this revised emissions inventory
to fulfill section 182(a)(1). Based on the State's parallel processing
request and submission of associated documentation, EPA rescinded the
finding of incompleteness in an EPA letter dated August 25, 1994 to
CARB (Howekamp, EPA to Boyd, CARB).
Following is a table of the revised average peak ozone season
weekday VOC and NOx emissions for the biogenic and major
anthropogenic source categories for 1990 (the attainment year
inventory, 1995, 2000, and 2005.
VOC Emission Inventory Summary\1\ (Tons Per Day)
------------------------------------------------------------------------
1990 1995 2000 2005
------------------------------------------------------------------------
Point....................................... 78 73 75 77
Area........................................ 173 154 141 141
Mobile On-Road.............................. 300 204 142 104
Mobile Non-Road............................. 81 85 82 84
Anthropogenic Total......................... 631 515 440 406
Biogenics................................... 300 300 300 300
Total................................. 931 815 740 706
------------------------------------------------------------------------
\1\Entries are rounded to the nearest whole number. Totals may not equal
to sum of column entries.
NOX Emission Inventory Summary\1\ (Tons Per Day)
------------------------------------------------------------------------
1990 1995 2000 2005
------------------------------------------------------------------------
Point....................................... 131 130 141 146
Area........................................ 15 16 17 18
Mobile On-Road.............................. 251 194 166 158
Mobile Non-Road............................. 159 164 176 186
Total................................. 557 504 499 508
------------------------------------------------------------------------
\1\Entries are rounded to the nearest whole number, totals may not equal
to sum of column entries.
The BAAQMD provided EPA with the appropriate documentation for
technical (Base Year 1990 Emission Inventory--Source Category
Methodologies) and administrative requirements. The revised VOC and
NOX inventories are 3.4 and 13.5 percent lower, respectively, than
the reactive organic compound (ROG) and NOX inventories previously
submitted by the State. The primary reason for the difference between
the inventories is the use of the BURDEN7F model in place of the
BURDEN7C model to estimate vehicular emissions. In addition, ROG
inventories include ethane, which are approximately 4 percent higher
than VOC inventories.
5.B. Demonstration of Maintenance--Projected Inventories. The
BAAQMD developed projected VOC and NOX emissions inventories for
the years 1990, 1995, 2000 and 2005 by applying growth factors in
accordance with EPA guidance. The CARB included these 1990 emissions
inventories for VOC, NOX and CO in the maintenance plan
submission. These 1990 emission inventories will be entered into AIRS.
The projected inventories 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. EPA's TSD contains a
detailed analysis of the projected emission inventories for the San
Francisco Bay Area.
5.C. Verification of Continued Attainment. Continued attainment of
the ozone NAAQS in the San Francisco Bay Area depends, in part, on the
State's efforts to track indicators of continued attainment during the
maintenance period. The BAAQMD will analyze annually the three most
recent consecutive years of air quality monitoring data to verify
continued attainment of the national ozone standard, in accordance with
40 CFR part 50, appendix H. The BAAQMD will submit to EPA an annual
report by July 1 of each year for 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. The BAAQMD has
chosen a violation of the NAAQS as the trigger for the contingency
plan.
5.D. Contingency Plan. The level of VOC and NOX emissions in
the San Francisco 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 BAAQMD has provided contingency
measures with a schedule for implementation in the event of a future
ozone air quality problem.
At the time of local adoption of the redesignation request and
maintenance plan, the BAAQMD identified the enhanced vehicle inspection
and maintenance program (I/M), required for serious and above ozone
nonattainment areas, as the contingency measure which would be
triggered in the event of a violation during the maintenance period.
Since that time, the State of California has passed legislation for an
enhanced I/M program which restricts the implementation of the test-
only program to nonattainment areas which are required to implement the
program under the Clean Air Act. Thus, BAAQMD is prohibited from opting
into the test-only portion of the enhanced I/M program. However, the
BAAQMD has selected new measures to fulfill the contingency plan
requirements of section 175A(d) which are discussed below.
On April 15, 1994, the BAAQMD, MTC, and ABAG sent a letter to the
CARB Executive Officer, James Boyd, which committed to adopt basic
improvements to the I/M program and NOX control measures as the
new contingency provisions for the maintenance plan. In this letter,
the BAAQMD, MTC and ABAG, have proposed to implement the basic
improvements to the I/M program beginning in January 1995 in order to
ensure continued maintenance of the NAAQS. The emission reductions
associated with this program go beyond the necessary emission
reductions required for maintenance and the reductions are not included
in the BAAQMD's projected inventories in the maintenance plan. These
improvements yield approximate emission reductions in the amount of 8
tons per day (TPD) VOC and 7 TPD NOX. The early implementation of
this contingency provision provides an additional margin of safety for
the area in maintaining the NAAQS. In addition, in the event of a
violation during the maintenance period, the BAAQMD will meet with EPA
within 30 days following the violation to determine which additional
measures would be appropriate to implement. The additional measures
contained in the proposal include numerous NOX RACT control
measures which yield additional NOX reductions through the year
2001. The chart below lists the additional measures and their
associated emission reductions. The TSD contains detailed information
concerning the basic improvements to the I/M program and the NOX
RACT control measures.
BAAQMD NOX Rules as Contingency Measures
------------------------------------------------------------------------
NOX
Title regulation 9 Adopted Implementation Reductions
year(s) (TPD)
------------------------------------------------------------------------
NOX and CO from Industrial,
Institutional and Commercial
Boilers, Steam Generators
(rule 7)..................... 9/16/92 1/1/96 14.9
NO2 and CO2 Emissions from
Stationary Internal
Combustion Engines (rule 8).. 1/20/93 1/1/97 8.3
NOX from Stationary Gas
Turbines (rule 9)............ 5/5/93 1/1/97 7/0
Refinery Boilers, Steam
Generators and Process
Heaters (rule 10)............ 1/5/94 5/31/95 n/a
NOX and CO from Utility
Electric Power Generating
Boilers (rule 11)............ 2/16/94 5/31/95 1-2.6
NOX from Glass Melting
Furnaces (rule 12)........... 1/19/94 1/1/97-1/1/200
1 1.2
------------------------------------------------------------------------
1Sources already meet RACT standards.
At the request of CARB, the changes to the contingency plan are
being parallel processed in accordance with 40 CFR part 51, appendix V
in order to expedite the approval of the redesignation request and
maintenance plan. The BAAQMD, MTC and ABAG held a public hearing on the
new contingency plan on July 29, 1994.
The contingency measures proposed by the BAAQMD meet the
requirements of section 175A(d) of the Act.
5E. Subsequent Maintenance Plan Revisions. In accordance with
section 175A(b) of the Act, the State 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 years (See letter dated April 15, 1994 from Milton
Feldstein, BAAQMD to James Boyd, CARB attached to the TSD).
IV. Potential Impact of California Federal Implementation Plans and
State Implementation Plans
EPA is under court order to promulgate final federal implementation
plans (FIPs) for ozone for Los Angeles-South Coast Air Basin Area, the
Sacramento Metro Area, and the Ventura County Area and for carbon
monoxide for Los Angeles-South Coast Air Basin Area by February 15,
1995. EPA discusses the phenomenon of pollutant transport within air
basins in the proposed FIPs (59 FR 23393, May 5, 1994). EPA
acknowledges that future modeling analyses could eventually result in
revisions to the FIP, which may impose additional FIP controls for
areas not covered by the proposed FIPs, such as the San Francisco Bay
Area, which is upwind of Sacramento. EPA's proposed action to
redesignate the San Francisco Bay Area to an attainment area does not
exclude the possibility of future FIP controls in the area.
In addition, States are responsible for developing and submitting
demonstrations which show that the standard will be attained by the
applicable date for areas where the demonstration of attainment is
complicated by transport between two areas of different classifications
(See General Preamble to title I of the Clean Air Act (57 FR 13528,
April 16, 1992)). Thus, EPA expects the ozone modeling demonstrations
due by November 15, 1994 required by section 182(c)(2) to address
transport and to demonstrate attainment for all areas within
California.
A recent report released by CARB, ``Preliminary Assessment of
Transport on San Joaquin Valley Ozone,'' discusses recent simulations
to assess the impact of transported emissions in the San Joaquin
Valley. It should be noted that the results discussed in the report are
based on an extreme scenario in which anthropogenic emissions for the
San Francisco Bay Area and the Sacramento area are set to zero. In this
scenario, the report indicates that there would be a decrease in ozone
measurements of 27% in the Northern San Joaquin Valley, ten percent in
the Central San Joaquin Valley and seven percent in Southern San
Joaquin Valley. The results discussed in this report are preliminary.
EPA will review the final report when it is available.
EPA is soliciting comment on whether transport has any impact on
EPA's proposed redesignation of the San Francisco Bay Area to
attainment.
V. Conclusion
EPA is soliciting public comments on this document and on issues
relevant to EPA's proposed action. Comments will be considered before
taking final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments to the person and
address listed in the ADDRESSES section at the beginning of this
notice.
Proposed Action
In today's document, EPA proposes to approve the San Francisco Bay
Area's ozone maintenance plan because it meets the requirements of
section 175A. In addition, the Agency is proposing approval of the
redesignation request for the ozone nonattainment area, subject to
final approval of the maintenance plan and provided the hearing notice
and adoption documentation are submitted for the amendments to the
contingency plan, because the State has demonstrated compliance with
the requirements of section 107(d)(3)(E) for redesignation. Finally,
EPA proposes to approve the emissions inventory as meeting the
requirements of section 182(a)(1), provided the hearing notice and
adoption documentation are submitted, and the NOX exemption
petition which fulfills the requirements of section 182(f). 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 to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Ozone State implementation plans (SIP's) are designed to satisfy
the requirements of part D of the Clean Air Act and to provide for
attainment and maintenance of the ozone NAAQS. This proposed
redesignation should not be interpreted as authorizing the State to
delete, alter, or rescind any of the VOC or NOX emission
limitations and restrictions contained in the approved ozone SIP.
Changes to ozone SIP VOC 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 to and
approved by EPA. Unauthorized relaxations, deletions, and changes could
result in both a finding of nonimplementation (section 173(b) of the
Clean Air Act) and in a SIP deficiency call made pursuant to section
110(a)(2)(H) of the Clean Air Act.
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.
SIP approvals under section 110 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 any
economic impact on any small entities. Redesignation of an area to
attainment under section 107(d)(3)(E) of the CAA 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. Accordingly, I certify that the approval of the redesignation
request will not have an impact on any small entities.
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 31, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-23983 Filed 9-27-94; 8:45 am]
BILLING CODE 6560-50-P
