Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43663

(3) From subsections (d)(1), (2), (3), 

and (4) because these provisions 

concern individual access to and 

amendment of records contained in this 

system, which consists of 

counterterrorism, investigatory and 

intelligence records. Compliance with 

these provisions could alert the subject 

of an investigation pertaining to 

terrorism of the fact and nature of the 

investigation, and/or the investigative 

interest of the FBI and/or other 

intelligence or law enforcement 

agencies; compromise sensitive 

information classified in the interest of 

national security; interfere with the 

overall law enforcement process by 

leading to the destruction of evidence, 

improper influencing of witnesses, 

fabrication of testimony, and/or flight of 

the subject; could identify a confidential 

source or disclose information which 

would constitute an unwarranted 

invasion of another’s personal privacy; 

reveal a sensitive investigative or 

intelligence technique; or constitute a 

potential danger to the health or safety 

of law enforcement personnel, 

confidential informants, and witnesses. 

Amendment of these records would 

interfere with ongoing counterterrorism 

investigations and analysis activities 

and impose an impossible 

administrative burden by requiring 

investigations, analyses, and reports to 

be continuously reinvestigated and 

revised. 

(4) From subsection (e)(1) because it 

is not always possible for TSC to know 

in advance what information is relevant 

and necessary for it to complete an 

identity comparison between the 

individual being screened and a known 

or suspected terrorist. Also, because 

TSC and the FBI may not always know 

what information about an encounter 

with a known or suspected terrorist will 

be relevant to law enforcement for the 

purpose of conducting an operational 

response. 

(5) From subsection (e)(2) because 

application of this provision could 

present a serious impediment to 

counterterrorism efforts in that it would 

put the subject of an investigation, study 

or analysis on notice of that fact, thereby 

permitting the subject to engage in 

conduct designed to frustrate or impede 

that activity. The nature of 

counterterrorism investigations is such 

that vital information about an 

individual frequently can be obtained 

only from other persons who are 

familiar with such individual and his/

her activities. In such investigations it is 

not feasible to rely upon information 

furnished by the individual concerning 

his own activities. 

(6) From subsection (e)(3), to the 

extent that this subsection is interpreted 

to require TSC to provide notice to an 

individual if TSC receives information 

about that individual from a third party. 

Should the subsection be so interpreted, 

exemption from this provision is 

necessary to avoid impeding 

counterterrorism efforts by putting the 

subject of an investigation, study or 

analysis on notice of that fact, thereby 

permitting the subject to engage in 

conduct intended to frustrate or impede 

that activity.

(7) From subsection (e)(5) because 

many of the records in this system are 

derived from other domestic and foreign 

agency record systems and therefore it 

is not possible for the FBI and the TSC 

to vouch for their compliance with this 

provision, however, the TSC has 

implemented internal quality assurance 

procedures to ensure that TSC terrorist 

screening data is as thorough, accurate, 

and current as possible. In addition, 

TSC supports but does not conduct 

investigations; therefore, it must be able 

to collect information related to terrorist 

identities and encounters for 

distribution to law enforcement and 

intelligence agencies that do conduct 

terrorism investigations. In the 

collection of information for law 

enforcement, counterterrorism, and 

intelligence purposes, it is impossible to 

determine in advance what information 

is accurate, relevant, timely, and 

complete. With the passage of time, 

seemingly irrelevant or untimely 

information may acquire new 

significance as further investigation 

brings new details to light. The 

restrictions imposed by (e)(5) would 

limit the ability of those agencies’

trained investigators and intelligence 

analysts to exercise their judgment in 

conducting investigations and impede 

the development of intelligence 

necessary for effective law enforcement 

and counterterrorism efforts. The TSC 

has, however, implemented internal 

quality assurance procedures to ensure 

that TSC terrorist screening data is as 

thorough, accurate, and current as 

possible. 

(8) From subsection (e)(8) because to 

require individual notice of disclosure 

of information due to compulsory legal 

process would pose an impossible 

administrative burden on the FBI and 

the TSC and could alert the subjects of 

counterterrorism, law enforcement, or 

intelligence investigations to the fact of 

those investigations when not 

previously known. 

(9) From subsection (g) to the extent 

that the system is exempt from other 

specific subsections of the Privacy Act.

Dated: July 22, 2005. 

Paul R. Corts, 

Assistant Attorney General for 

Administration.

[FR Doc. 05–14850 Filed 7–27–05; 8:45 am] 

BILLING CODE 4410–02–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA–314–0483; FRL–7945–4] 

Approval and Promulgation of State 

Implementation Plans for Air Quality 

Planning Purposes; California—South 

Coast and Coachella

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve 

state implementation plan (SIP) 

revisions submitted by the State of 

California to provide for attainment of 

the particulate matter (PM–10) national 

ambient air quality standards (NAAQS) 

in the Los Angeles-South Coast Air 

Basin and the Coachella Valley Area, 

and to establish emissions budgets for 

these areas for purposes of 

transportation conformity. EPA is also 

proposing to approve revisions to 

fugitive dust regulations and ordinances 

for the areas. EPA is proposing to 

approve these SIP revisions under 

provisions of the Clean Air Act (CAA) 

regarding EPA action on SIP submittals, 

SIPs for national primary and secondary 

ambient air quality standards, and plan 

requirements for nonattainment areas.

DATES: Written comments on this 

proposal must be received by August 29, 

2005.

ADDRESSES: Please mail comments to: 

Dave Jesson (AIR–2), EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105–3901, or e-mail to 

jesson.david@epa.gov. The rulemaking 

docket for this proposal is available for 

public inspection during normal 

business hours at EPA’s Region IX 

office. A reasonable fee may be charged 

for copying parts of the docket. 

Copies of the SIP materials are also 

available for inspection at the following 

locations:

California Air Resources Board, 1001 I 

Street, Sacramento, California 95812. 

South Coast Air Quality Management 

District, 21865 E. Copley Drive, 

Diamond Bar, California 91765.

The 2003 Air Quality Management 

Plan, which includes the South Coast 

PM10 plan, is electronically available at: 

43664 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 

1The nonattainment area includes all of Orange 

County and the more populated portions of Los 

Angeles, San Bernardino, and Riverside Counties. 

For a description of the boundaries of the Los 

Angeles-South Coast Air Basin Area, see 40 CFR 

81.305.

2The Coachella Valley Planning Area is in central 

Riverside County in the Salton Sea Basin. The 

boundary is defined at 40 CFR 81.305.

3The health effects from elevated PM–10 

concentrations include lung damage, respiratory 

and cardio-vascular disease, and premature death. 

Children, the elderly, and people suffering from 

heart and lung diseases, such as asthma, are 

especially at risk. 

EPA revised the NAAQS for particulate matter on 

July 1, 1987 (52 FR 24672), replacing standards for 

total suspended particulates with new standards 

applying only to particulate matter up to 10 

microns in diameter (PM–10). At that time, EPA 

established two PM–10 standards. The annual PM–

10 standard is attained when the expected annual 

arithmetic mean of the 24-hour samples averaged 

over a 3-year period does not exceed 50 micrograms 

per cubic meter (μg/m3). The 24-hour PM–10 

standard of 150 μg/m3 is attained if samples taken 

for 24-hour periods have no more than one 

expected exceedance per year, averaged over 3 

years. See 40 CFR 50.6 and 40 CFR part 50, 

appendix K. 

On July 18, 1997, EPA reaffirmed the annual PM–

10 standard, and slightly revised the 24-hour PM–

10 standard (652 FR 38651). In the same action, 

EPA also established two new standards for PM, 

both applying only to particulate matter up to 2.5 

microns in diameter (PM–2.5). 

This SIP submittal addresses the 24-hour and 

annual PM–10 standards as originally promulgated. 

An opinion issued by the U.S. Court of Appeals for 

the D.C. Circuit in American Trucking Assoc., Inc.,

et al. v. USEPA, No. 97–1440 (May 14, 1999), among 

other things, vacated the 1997 standards for PM–10. 

However, the PM–10 standards promulgated on July 

1, 1987 were not an issue in this litigation, and the 

Court’s decision does not affect the applicability of 

those standards in the South Coast and Coachella 

Valley areas. Codification of those standards 

continues to be recorded at 40 CFR 50.6. See also 

69 FR 45592, July 30, 2004.

http://www.aqmd.gov/aqmp/

AQMD03AQMP.htm.

The 2003 Coachella Valley PM10 

State Implementation Plan is at: http://

www.aqmd.gov/aqmp/docs/

f2003cvsip.pdf.

The fugitive dust rules are 

electronically available at: http://

www.aqmd.gov/rules/rulesreg.html.

FOR FURTHER INFORMATION CONTACT:

Dave Jesson, EPA Region IX, at (415) 

972–3957, or jesson.david@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to EPA.

Table of Contents 

I. Background 

A. Summary 

B. PM–10 Problem in the South Coast and 

Coachella Valley

C. CAA Planning Provisions 

D. Designation and Classification 

E. Adoption and Submittal of these 

Revisions 

II. Evaluation of the SIP Submittals 

A. Emission Inventories 

B. Control Measures 

1. Applicable Requirements 

2. Description of South Coast Control 

Measure Commitments 

3. Proposed Action on South Coast Control 

Measures 

C. Regulations and Ordinances 

1. Description of Regulations and 

Ordinances 

a. SCAQMD Rule 403—Fugitive Dust

b. SCAQMD Rule 403.1—Supplemental 

Fugitive Dust Control Requirements for 

Coachella Valley

c. SCAQMD Rule 1186—PM10 Emissions 

from Paved and Unpaved Roads, and 

Livestock Operations

d. Coachella Valley Local Ordinances 

2. Proposed Action on Regulations and 

Ordinances 

D. Contingency Measures 

E. Reasonable Further Progress (RFP) and 

Milestones 

1. South Coast 

2. Coachella Valley 

F. Attainment Demonstrations 

1. South Coast 

2. Coachella Valley 

G. Motor Vehicle Emission Budgets 

1. South Coast 

2. Coachella Valley 

III. Summary of EPA’s Proposed Action 

IV. Administrative Requirements

I. Background 

A. Summary 

We are proposing to approve 2003 

plan amendments for the South Coast 

Air Basin (or ‘‘South Coast’’), as the plan 

amendments pertain to attainment of 

the 24-hour and annual PM–10 

NAAQS.1 We are proposing to approve 

revisions to the PM–10 plan for the 

Coachella Valley Planning Area 

(‘‘Coachella Valley’’).2 We are also 

proposing to approve the plans’ PM–10 

motor vehicle emissions budgets for 

purposes of transportation conformity. 

Finally, we are proposing to approve 

revisions to Rules 403, 403.1, and 1186 

of the South Coast Air Quality 

Management District (SCAQMD) 

regulating fugitive dust emissions, and 

revisions to fugitive dust ordinances for 

Coachella Valley jurisdictions. These 

revisions update, improve, strengthen, 

and supplement the approved SIP 

provisions for control of PM–10 and 

PM–10 precursors in the two areas.

B. PM–10 Problem in the South Coast 

and Coachella Valley 

Although great progress has been 

made in reducing PM–10 

concentrations, the South Coast and 

Coachella Valley continue to violate the 

PM–10 NAAQS, and the State must 

therefore adopt, submit, and implement 

measures and other provisions sufficient 

to make expeditious progress and attain 

the NAAQS by the applicable deadline.3

The SCAQMD has adopted and the 

State has submitted PM–10 attainment 

plans and regulations for these two 

areas in past years. In 2003, we fully 

approved PM–10 progress and 

attainment plans for the South Coast 

and Coachella Valley as meeting all 

CAA requirements for serious PM–10 

areas, and as part of those actions we 

also granted attainment date extensions 

for the areas for both the 24-hour and 

annual PM–10 NAAQS, from December 

31, 2001 to December 31, 2006, 

pursuant to CAA section 188(e). For 

more information on the currently 

approved South Coast and Coachella 

Valley PM–10 plans (‘‘2002 SIPs’’), 

please see our proposed and final 

rulemaking notices. The proposals were 

issued on December 17, 2002 (67 FR 

77212 and 67 FR 77204) and the final 

approvals were issued on April 18, 2003 

(68 FR 19316 and 68 FR 19318). We 

have also previously approved 

SCAQMD fugitive dust regulations and 

Coachella Valley local ordinances for 

the control of fugitive dust. See 

approvals of SCAQMD Rules 403, 403.1, 

and 1186, and 10 Coachella Valley 

ordinances published on December 9, 

1998 (63 FR 67784), and again on 

February 17, 2000 (65 FR 8057), 

following SCAQMD adoption of 

amendments strengthening Rules 403 

and 1186. This proposed action simply 

addresses updates and improvements to 

the 2002 SIPs for the South Coast and 

Coachella Valley, the SCAQMD fugitive 

dust regulations, and the Coachella 

Valley ordinances, adopted as part of 

the attainment plans for the South Coast 

and Coachella Valley. 

C. CAA Planning Provisions 

The Federal CAA was substantially 

amended in 1990 to establish new 

planning requirements and attainment 

deadlines for the NAAQS. The most 

fundamental of these nonattainment 

area provisions applicable to the South 

Coast and Coachella Valley is the 

requirement that the State submit a SIP 

demonstrating attainment of the PM–10 

NAAQS. This demonstration must be 

based upon enforceable measures to 

achieve emission reductions leading to 

emissions at or below the level 

predicted to result in attainment of the 

NAAQS throughout the nonattainment 

area. The measures must meet the 

standard for Best Available Control 

Measures (BACM), and the measures 

must be implemented expeditiously and 

ensure attainment no later than the 

applicable CAA deadline. CAA section 

189(b). Because the State requested an 

extension of the attainment date for the 

South Coast and Coachella Valley 

beyond the applicable deadline of 

December 31, 2001, under CAA section 

188(e) the State must demonstrate that 

Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43665

4 In addition to PM–10, the 2003 South Coast 

AQMP addressed the NAAQS for carbon monoxide 

(CO), ozone, and nitrogen dioxide (NO2). We will 

take separate action on the plan with respect to 

these standards.

5We approved use of EMFAC2002 on April 1, 

2003 (68 FR 15722) for use in SIPs and conformity 

analyses. EMFAC2002 produces California-specific 

emissions for the full range of motor vehicles.

the plans include the most stringent 

measures (MSM) that are included in 

any implementation plan or are 

achieved in practice, and can feasibly be 

implemented in the area. 

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 57 FR 13498 (April 16, 1992), 57 FR 

18070 (April 28, 1992). EPA later issued 

an Addendum to the General Preamble 

providing guidance on SIP requirements 

for serious PM–10 areas. 59 FR 41998 

(August 16, 1994). The reader should 

refer to these documents for a more 

detailed discussion of EPA’s 

preliminary interpretations of Title I 

requirements. In this proposed 

rulemaking action, EPA applies these 

policies to the South Coast and 

Coachella Valley PM–10 SIP submittals, 

taking into consideration the specific 

factual issues presented. 

D. Designation and Classification 

On the date of enactment of the 1990 

CAA Amendments, PM–10 areas, 

including the South Coast and 

Coachella Valley, meeting the 

qualifications of section 107(d)(4)(B) of 

the amended Act, were designated 

nonattainment by operation of law. See 

56 FR 11101 (March 15, 1991). 

Once an area is designated 

nonattainment, section 188 of the CAA 

outlines the process for classification of 

the area and establishes the area’s 

attainment date. In accordance with 

section 188(a), at the time of 

designation, all PM–10 nonattainment 

areas, including the South Coast and 

Coachella Valley, were initially 

classified as moderate by operation of 

law. Section 188(b)(1) of the Act further 

provides that moderate areas can 

subsequently be reclassified as serious 

before the applicable moderate area 

attainment date if at any time EPA 

determines that the area cannot 

‘‘practicably’’ attain the PM–10 NAAQS 

by this attainment date.

EPA determined on January 8, 1993, 

that the South Coast and Coachella 

Valley could not practicably attain the 

PM–10 NAAQS by the applicable 

attainment deadline for moderate areas 

(December 31, 1994, per section 

188(c)(1) of the Act), and reclassified the 

area as serious (58 FR 3334). In 

accordance with section 189(b)(2) of the 

Act, the State was required to make the 

following SIP submittals. First, the State 

had to submit by August 8, 1994, a SIP 

to ensure the implementation of BACM 

no later than 4 years after 

reclassification, as required by CAA 

section 189(b)(1)(B). Second, the State 

had to submit a SIP by February 8, 1997, 

providing for progress and expeditious 

attainment, as required by CAA section 

189(b)(1)(A). 

E. Adoption and Submittal of These 

Revisions 

For a description of the history and 

content of the 2002 SIPs, rules, and 

ordinances for the South Coast and 

Coachella Valley, please see our 

proposed and final rules cited above. On 

August 1, 2003, the SCAQMD adopted 

the 2003 South Coast Air Quality 

Management Plan (‘‘2003 South Coast 

AQMP’’) and the 2003 Coachella Valley 

PM10 State Implementation Plan (‘‘2003 

Coachella Valley Plan’’), including the 

motor vehicle emissions budgets for the 

areas.4 The California Air Resources 

Board (CARB) approved the plans on 

October 23, 2003, and submitted the 

plans to us on January 9, 2004. We 

determined that these submittals were 

complete on February 18, 2004, 

pursuant to CAA section 110(k)(1)(B) 

and 40 CFR part 51, Appendix V.

On April 2, 2004, the SCAQMD 

adopted revisions to Rules 403, 403.1, 

and 1186, and CARB submitted the 

revisions on July 29, 2004. On August 

10, 2004, we determined the submittal 

to be complete. On November 16, 2004, 

CARB submitted revised Coachella 

Valley ordinances, which were adopted 

by the local jurisdictions on various 

dates in 2003 and 2004, and the 

implementation handbooks for Rules 

403 and 403.1, which were 

inadvertently omitted from the April 2, 

2004 SIP submittal. On April 6, 2005, 

we determined the submittal to be 

complete. 

Both the SCAQMD and CARB 

satisfied applicable statutory and 

regulatory requirements for reasonable 

public notice and hearing prior to 

adoption of the SIP revisions. The 

SCAQMD conducted numerous public 

workshops, and properly noticed the 

public hearings at which the plans and 

rules were adopted. The SIP submittals 

include proof of publication for notices 

of the public hearings. The local 

Coachella Valley jurisdictions properly 

noticed and adopted the fugitive dust 

ordinances. Therefore, we conclude that 

the SIP submittals have met the public 

notice and involvement requirements of 

section 110(a)(1) of the CAA. 

II. Evaluation of the SIP Submittals 

A. Emission Inventories 

CAA section 172(c)(3) requires that all 

nonattainment area plan submittals 

include a comprehensive, accurate, and 

current inventory of actual emissions 

from all sources in the area. 

The emission inventories in the 2003 

South Coast AQMP and the 2003 

Coachella Valley Plan supersede those 

in the 2002 SIPs for these areas. The 

revised 2003 South Coast AQMP 

includes summary emission inventories 

for major source categories in tons per 

annual average day for VOC, NOX, CO, 

SOX, TSP, PM–10, and PM–2.5 for the 

1997 base year (Table 3–1A) and the 

2006 attainment year (Table 3–3A). 

Appendix III (Base and Future Year 

Emission Inventories) to the 2003 South 

Coast AQMP provides more detailed 

emissions inventories for 1995, 1997, 

2000, 2002, 2003, 2005, 2006, and 

various later years. Appendix IV–A also 

includes additional emissions data, 

including control category baseline 

emissions for 1997, 2006, and 2010, and 

estimates of baseline emissions and 

emission reductions from each of the 

2003 South Coast AQMP control 

measures for 2006 and 2010 for primary 

PM–10 or PM–10 precursors (NOX, SOX, 

VOC, and ammonia), as applicable to 

the measure. Appendix III documents 

the source of the data and references 

SCAQMD and CARB reports that 

provide detailed information on the 

methodologies used to estimate 

emissions from area sources. Finally, 

Appendix V (Modeling and Attainment 

Demonstrations) includes estimated 

average annual day emission reductions 

by control measure for PM–10, VOC, 

NOX, and SOX in 2006 in the South 

Coast.

The 2003 Coachella Valley Plan 

includes annual average and maximum 

24-hour emission inventories for 1995 

(Table 2–2), 2000 (Table 2–3), 2003 

(Table 2–4), and 2006 (Table 2–5). 

The principal emissions inventory 

enhancements of the revised plans are 

the use of more accurate emissions 

factors and models and updated activity 

levels for emissions associated with 

mobile sources, including: (1) The use 

of the latest EPA-approved California 

motor vehicle emissions factor model 

(EMFAC2002) 5 and the most recent 

motor vehicle activity data from the 

Southern California Association of 

Governments (SCAG); (2) an improved 

methodology for estimating paved road 

43666 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 

6We recently approved this methodology as part 

of our adequacy determination for the motor vehicle 

emissions budgets in the revised South Coast and 

Coachella Valley PM–10 plans. See 58 FR 15326, 

March 25, 2004. The methodologies are discussed 

on page III–1–12 of Appendix III of the 2003 South 

Coast AQMP.

7The plans must also satisfy lesser control 

measure provisions applicable to moderate areas, 

Reasonably Available Control Measures (RACM) for 

areas sources such as fugitive dust, and Reasonably 

Available Control Technology (RACT) for stationary 

sources such as commercial and industrial 

operations. In approving the 2002 SIPs, we did not 

make an independent assessment of the plans’

control measures against the RACM and RACT 

requirements, since the plans would meet RACM 

and RACT requirements if they were found to meet 

the BACM requirement.

8Our final rules on the 2002 SIPs included our 

determination that the CAA provisions relating to 

BACM (section 189(b)(1)(B)) and MSM (section 

188(e)) were fully met by the South Coast and 

Coachella Valley control measures, which consisted 

of: (1) Enforceable commitments to adopt and 

implement regulations; and (2) fully adopted 

regulations and ordinances, including those fugitive 

dust rules and ordinances we had previously 

approved (SCAQMD Rules 403, 403.1, and 1186, 

and Coachella Valley fugitive dust ordinances). See 

68 FR 19316 and 68 FR 19318 in the final rules.

9By analogy to Title I Part C of the Clean Air Act 

relating to Prevention of Significant Deterioration 

(PSD), EPA interprets BACM for serious PM–10 

areas as generally similar to the definition of Best 

Available Control Technology (BACT) for the PSD 

program. PM–10 BACM is therefore defined as ‘‘the 

maximum degree of emissions reduction of PM–10 

and PM–10 precursors from a source * * * which 

is determined on a case-by-case basis, taking into 

account energy, environmental, and economic 

impacts and other costs, to be achievable for such 

source through application of production processes 

and available methods, systems, and techniques for 

control of each such pollutant.’’ General Preamble 

Addendum, 59 FR 42010 (August 16, 1994). 

EPA exempts from the BACM requirement de 

minimis source categories, which do not contribute 

significantly to nonattainment. EPA has generally 

relied on the criteria applied under the new source 

permit programs (40 CFR 51.165(b)) and has 

therefore presumed that a source category 

contributes significantly to a violation of the 24-

hour NAAQS if its impact at the location of 

expected violation would exceed 5 μg/m3, and 

would contribute significantly to a violation of the 

annual NAAQS if its impact at the time and 

location of the expected violation would exceed 1 

μg/m3. 59 FR 42011. However, states must also 

review the potential to attain earlier through 

application of controls on anthropogenic sources 

below these general levels.

10SCAQMD did, as part of the plan update, 

review control measures to confirm that the 

District’s measures and commitments continue to 

reflect the best and most stringent control level. See 

discussions of each control measure in Appendix 

IV–A, which summarizes the results of the District’s 

survey of available control technologies and 

techniques, and provides extensive documentation 

and references to support the proposed control.

11See, for example, our approval of the 1997 

ozone plan and that plan’s NOX and VOC control 

measure commitments, as amended in 1999 (65 FR 

6091, February 8, 2000; 65 FR 18903, April 10, 

2000). We have approved the District’s NOX and 

VOC regulations in separate rulemaking over the 

years. You may see copies of the approved rules at: 

http://www.epa.gov/region09/air/sips/.

dust emissions 6; and (3) CARB’s new 

nonroad mobile source model (the 

OFFROAD model). The emission 

inventories for the South Coast Air 

Basin also use the results of special 

studies of aircraft, marine vessels, 

composting, and ammonia emissions 

(see Appendix III of the 2003 South 

Coast AQMP, pages III–1–13 to III–1–

14), and more accurate emissions factors 

for the windblown dust category, based 

on use of climate, wind speed, and soil 

data representative of Southern 

California.

The emission inventories in the 2003 

South Coast AQMP and 2003 Coachella 

Valley Plan are complete with respect to 

sources that have been found to 

contribute to PM–10 violations. The 

inventories employ activity levels, 

emission factors, and growth projections 

that are current and reflective of the best 

available emissions information. 

Because they are current, accurate, 

and complete, we propose to approve as 

meeting the provisions of CAA section 

172(c)(3) the South Coast emission 

inventories in Chapter 3 (Tables 3–1A 

and 3–3A), Appendix III (Tables A–1, 

A–2, A–3, A–5, and A–7), and 

Appendix V of the 2003 South Coast 

AQMP (Attachment 4), and the 

Coachella Valley emission inventories 

in Tables 2–2, 2–3, 2–4, and 2–5 of the 

2003 Coachella Valley Plan.

B. Control Measures 

We recently approved the control 

measure portions of the 2002 SIPs for 

the South Coast and Coachella Valley. 

The 2003 South Coast AQMP makes 

minor modifications to the previously 

approved SCAQMD commitments to 

adopt control measures. Although the 

2003 South Coast AQMP includes 

changes to the control measure 

commitments by CARB and SCAG, 

these new and amended commitments 

apply only to the ozone portion of the 

plan, and therefore are not part of this 

proposed action. The 2003 Coachella 

Valley Plan includes no changes to the 

control measure commitments in the 

2002 SIP. 

1. Applicable Requirements 

Because the South Coast Air Basin 

and Coachella Valley are classified as 

serious for PM–10, the nonattainment 

plans for these areas must include 

measures that reflect a BACM level of 

control for each source category that 

contributes significantly to a violation of 

the 24-hour or annual PM–10 NAAQS.7

For a discussion of the BACM and MSM 

provisions applicable to these areas and 

our determination that the 2002 SIPs for 

the South Coast and Coachella Valley 

fully met these requirements, see the 

discussion in the proposed approval of 

the plans at 67 FR 77215 and 67 FR 

77207 (December 17, 2002).8

In the 2002 SIPs for the South Coast 

and Coachella Valley, SCAQMD 

determined which source categories are 

‘‘significant,’’ as part of the BACM 

analysis.9 Please refer to 67 FR 77215–

6 and 67 FR 77207–9 (December 17, 

2002) for a summary of the BACM 

determinations of significant categories 

in the 2002 SIPs for South Coast and 

Coachella Valley. Updates to the 

emissions inventories in the 2003 South 

Coast AQMP and the 2003 Coachella 

Valley Plan did not change the 

determinations of significant source 

categories in the 2002 SIPs. As a result, 

the revised plans continue the prior 

determinations of applicable BACM, 

which we approved in our April 18, 

2003 final rule (see 68 FR 19316, and 68 

FR 19318). The revised plans, rules, and 

ordinances strengthen the 2002 SIPs’

control requirements for primary PM 

and (in the case of the South Coast) the 

applicable secondary precursors. 

Therefore, these plan updates also do 

not recreate the 2002 SIPs’

demonstrations, pursuant to CAA 

section 188(e), that the plans include 

the most stringent measures.10

Finally, the control measures in the 

serious area plans must be sufficient to 

achieve expeditious attainment by the 

applicable deadline. As discussed 

below, the revised SIPs update and 

improve the progress and attainment 

provisions in the 2002 SIPs, and we 

propose to conclude that the plans, as 

revised, continue to meet the 

requirements of CAA sections 189(c) 

and 189(b)(1)(A) for reasonable further 

progress and expeditious attainment of 

the PM–10 NAAQS.

2. Description of South Coast Control 

Measure Commitments 

The South Coast 2003 AQMP relies 

heavily on existing, fully adopted 

SCAQMD regulations to reduce primary 

PM–10 and secondary precursors as 

needed to bring the area into attainment 

of the 24-hour and annual PM–10 

NAAQS. The secondary precursors in 

the South Coast are NOX and, to a lesser 

extent, SOX, VOC, and ammonia (NH3). 

The majority of these control measures 

have been approved in prior actions on 

SCAQMD regulations submitted over 

the years.11

Although existing controls on primary 

PM–10 and secondary PM–10 

precursors achieve the overwhelming 

majority of reductions necessary for 

attainment, it is still necessary to adopt 

new regulations or strengthen existing 

regulations in order to deliver the small 

additional amount of reductions needed 

for attainment of the PM–10 NAAQS in 

Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43667

12Although the 2003 South Coast AQMP includes 

new and revised State control measures in 

Appendix IV–B (Proposed 2003 State and Federal 

Strategy for the California State Implementation 

Plan) and new regional transportation strategies in 

Appendix IV–C (Regional Transportation Strategy & 

Control Measures), these control measures are not 

part of the revised PM–10 portion of the plan since 

they are primarily designed to contribute emission 

reductions needed for attainment of the 1-hour 

ozone NAAQS by 2010. We intend to rule on these 

measures when we act on the ozone portion of the 

South Coast 2003 AQMP.

the South Coast. The SCAQMD’s 

commitment to adopt new or 

strengthened regulations in the 2003 

South Coast AQMP is described at 

length in Chapter 4 and in Appendix 

IV–A (District’s Stationary and Mobile 

Source Control Measures). 

Table 1 below, entitled ‘‘South Coast 

PM–10 Control Measures,’’ lists the 

target primary PM–10, NH3, VOC, and 

SOX emission reductions from each 

control measure commitment included 

in the plan. Certain new SCAQMD 

control measures in the South Coast 

2003 AQMP are intended to reduce NOX

emissions, but the NOX emission 

reductions from these measures by 2006 

are relatively small and therefore the 

new NOX measures and reductions are 

not included in Table 1. 

Appendix IV–A provides extensive 

history of the control measures, 

including evolution of the measures 

over time and progress on the measures 

since the 2002 SIP. Appendix IV–A also 

documents the costs of implementation, 

discusses technological feasibility 

issues, explains the schedule for 

expeditious implementation, and 

examines other factors as part of a 

comprehensive rationale for the 

measures.12

TABLE 1.—SOUTH COAST PM–10 CONTROL MEASURES

[Source: South Coast 2003 AQMP, Appendix IV–A] 

Control measure 

number Control measure title 

2006

reduction 

target

in tons

per day 

Remaining 2002 SIP Control Measures

CMB–07 ............ Emission Reductions from Petroleum Refinery Flares (SOX) ................................................................................ 2.1 

CMB–09 1 .......... Petroleum Refinery Fluid Catalytic Cracking Units (PM–10, NH3) ........................................................................ 0.1, 0 

WST–01 1 .......... Emission Reductions from Livestock Waste (VOC, NH3) ...................................................................................... 4.2, 8.7 

WST–02 1 .......... Emission Reductions from Composting (VOC, NH3) ............................................................................................. 1.2, 1.9 

PRC–03 (P2) ..... Emission Reductions from Restaurant Operations (PM–10) .................................................................................. 0.2 

New Control Measures

BCM–07 1 .......... Further PM10 Reductions from Fugitive Dust Sources (PM–10) ........................................................................... TBD 

BCM–08 1 .......... Further Emission Reductions from Aggregate and Cement Manufacturing Operations (PM–10) ......................... 0.6 

MSC–04 ............ Miscellaneous Ammonia Sources (NH3) ................................................................................................................ TBD 

MSC–06 ............ Wood-Burning Fireplaces and Wood Stoves (PM–10) ........................................................................................... TBD 

TCB–01 2 ........... Transportation Conformity Backstop Measure (PM–10) ......................................................................................... 0 

1These measures have already been adopted by SCAQMD. Revisions to Rules 403 and 1186 fulfill BCM–07; new Rule 1127 (Emission Reductions from Livestock Waste, adopted 8/6/04) addresses WST–01; new Rule 1133.2 (Emission Reductions from Co-Composting Operations, 

adopted 1/10/03) responds to WST–02 commitments; new Rule 1105.1 (Reduction of PM10 and Ammonia Emissions from Fluid Catalytic Cracking Units, adopted 11/7/03) meets the CMB–09 commitment; and new Rule 1157 (PM10 Emissions Reductions from Aggregate and Related Operations, adopted 1/07/05) fulfills the BCM-08 commitment. 2This measure, which is intended to achieve reductions in PM–10 after the 2006 attainment date, is discussed below and in Section II.G., 

Motor Vehicle Emission Budgets. 

Table 2 below, entitled ‘‘South Coast 

Emission Reduction Commitments,’’

presents the enforceable SCAQMD 

commitments to adopt and implement 

measures by specific dates to achieve 

particular emission reductions. This 

table is derived from Table 4–8A in the 

South Coast 2003 AQMP, and includes 

the commitments for the remaining 3 

years of the South Coast PM–10 

attainment demonstration.

TABLE 2.—SOUTH COAST EMISSION REDUCTION COMMITMENTS COMMITMENTS TO ADOPT AND IMPLEMENT NEW

MEASURES TO ACHIEVE EMISSION REDUCTIONS IN TONS PER DAY FROM 2010 PLANNING INVENTORY

[Source: South Coast 2003 AQMP, Table 4–8A] 

Year 

VOC PM–10 NOX SOX

Adopt Impl Adopt Impl Adopt Impl Adopt Impl 

2004 ................................. 2.0 0 1.7 0 3.0 0 2.1 0 

2005 ................................. 2.0 0 0 0.16 2.1 0 0 2.1 

2006 ................................. 0 4.8 0 0.86 0 0 0 0 

43668 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 

13SCAQMD has now adopted regulations 

fulfilling the following commitments in the 2002 

SIP: BCM–01, BCM–03, BCM–04, BCM–06, BCM–

08, CMB–09, PRC–01, WST–01, and WST–02. It 

should be noted that the NOX reductions from the 

committal measures in the South Coast 2003 

AQMP, as displayed in Table 2, are not relied on 

for progress or attainment, but will contribute to 

maintenance of the PM–10 NAAQS in the period 

after 2006.

14The previously approved commitments for 

these measures are shown in Table 1 of our 

proposed action on the 2002 SIP for PM–10 (67 FR 

77216, December 17, 2002) and, for secondary 

precursors to PM–10, in Table 2 of our proposed 

action on the ozone SIP (65 FR 6096, February 8, 

2000; final rule 65 FR 18903, April 10, 2000). It 

should be noted that the 2003 South Coast AQMP 

uses updated baseline and projected emissions 

inventories and control factors, and so the emission 

reductions targets in this new plan are calculated 

using different currencies from the approved ozone 

and PM–10 SIPs. Moreover, the 2003 South Coast 

AQMP committal measures reflect in the baseline 

and projected emissions inventories all reductions 

that have already been accomplished by SCAQMD 

regulations adopted subsequent to the submittal of 

the earlier SIPs. 

Commitments approved by EPA under CAA 

section 110(k)(3) are enforceable by EPA and 

citizens under CAA sections 113 and 304, 

respectively. In the past, we have approved 

enforceable commitments and courts have enforced 

those actions against states that failed to comply 

with their commitments. For further discussion and 

citation, please see 69 FR 5427 (February 4, 2004) 

and 69 FR 30029 (May 26, 2004). 

We consider 3 factors in determining whether to 

approve enforceable commitments: (a) Whether the 

commitment addresses a limited portion of the 

statutorily-required program; (b) whether the state 

is capable of fulfilling its commitment; and (c) 

whether the commitment is for a reasonable and 

appropriate period of time. In the case of this 

update to the 2002 SIP for the South Coast, the 

number of commitments and the associated 

emission reductions are considerably reduced, 

because of continued successful SCAQMD rule 

adoption, leaving relatively few reductions to be 

accomplished in future, as shown in Table 2. The 

commitments represent a small percent of the 

required emission reductions from the 1997 base 

year. For example, the NOX commitments are not 

required for attainment but rather contribute toward 

post-2006 maintenance of the PM–10 NAAQS, and 

the VOC commitments are 1.0% of the VOC 

emission reductions achieved from the 1997 base 

year through the 2006 attainment year. The 

SCAQMD has demonstrated its diligence in 

fulfilling commitments generally and, in the case of 

the commitments in this plan, the SCAQMD had 

adopted in regulatory form 5 of the 10 commitments 

by August 2004, including all the most significant 

PM–10 measures. We believe that the schedule for 

adopting and implementing the measures is for a 

reasonable and appropriate period of time, given 

the complex and challenging nature of the control 

measures. Finally, the adoption and 

implementation schedule in the commitments is 

consistent with the SCAQMD’s ability to make 

expeditious progress toward attainment of the 

standards.

15On July 21, 2004 (69 FR 43518), we approved 

new SCAQMD Rules 1133, 1133.1, and 1133.2, 

adopted on January 10, 2003, establishing VOC and 

NH3 controls on composting operations. We intend 

to act on Rule 1127 in separate rulemaking, once 

the rule is submitted. These rules contribute 

reductions required as part of the South Coast PM–

10 NAAQS attainment demonstration.

The emission reduction targets shown 

in Table 1 and the emission reduction 

commitments shown in Table 2 are 

intended to update and replace those in 

the 2002 SIP, reflecting recent progress 

in the development of the measures.13

The 2003 South Coast AQMP includes 

one measure applicable to the post-2006 

period. In order to ensure that growth in 

transportation related emissions in 

future years does not jeopardize 

continued attainment of the PM–10 

NAAQS, SCAQMD adopted TCB–01—

Transportation Conformity Budget 

Backstop Measure. This measure 

consists of a commitment to adopt 

further PM–10 controls no later than 

2019 to achieve as much as 9 tons per 

day of additional PM–10 emission 

reductions by 2020, and to adopt still 

more PM–10 controls no later than 2029 

to achieve as much as 16 tons per day 

of additional PM–10 emission 

reductions by 2030. Under the measure, 

SCAQMD will be responsible for 

implementing further fugitive dust rules 

and SCAG will be responsible for 

developing and achieving additional 

emission reductions from the Regional 

Transportation Plan and Transportation 

Control Measures. Further details on 

this committal measure may be found in 

Appendix IV–A, pages IV–119 through 

IV–121.

3. Proposed Action on South Coast 

Control Measures 

Inasmuch as the South Coast 2003 

AQMP presents minor updates, 

refinements, and enhancements of the 

South Coast control measures in the 

2002 SIP, we propose to approve them 

under CAA section 110(k)(3), as meeting 

the requirements of CAA sections 

110(a), 188(e), and 189(b)(1)(B), and 

remaining consistent with attainment as 

expeditiously as practicable. We are 

proposing to approve each of the control 

measure commitments in Table 1 and 

the overall SCAQMD commitment in 

Table 2 to adopt and implement rules by 

specified dates to achieve particular 

emission reductions. We propose that 

these updated commitments supersede 

and replace the commitments for the 

same measures in the 2002 SIP for the 

South Coast.14

As noted above, the 2003 Coachella 

Valley Plan contains no new control 

measure commitments, but relies on the 

adopted revisions to Rules 403 and 

403.1 and the local ordinances. 

C. Regulations and Ordinances 

The principal fugitive dust 

regulations in the South Coast and 

Coachella Valley are two SCAQMD 

rules: Rule 403—‘‘Fugitive Dust’’ and 

Rule 1186—‘‘PM10 Emissions from 

Paved and Unpaved Roads and 

Livestock Operations.’’ Attainment of 

the PM–10 NAAQS in Coachella Valley 

also depends on emission reductions 

from SCAQMD Rule 403.1—

‘‘Supplemental Fugitive Dust Control 

Requirements for Coachella Valley 

Sources’’ and fugitive dust control 

ordinances adopted by Riverside County 

and 9 cities within the Coachella Valley. 

Attainment of the PM–10 NAAQS in the 

South Coast also requires NH3 and VOC 

reductions from livestock waste 

operations, and SCAQMD adopted on 

August 6, 2004, a new SCAQMD Rule 

1127—‘‘Emission Reductions from 

Livestock Waste’’ to accomplish these 

reductions.15

In this action, we are proposing to 

approve recently adopted amendments 

strengthening Rules 403, 403.1, and 

1186, and more stringent fugitive dust 

control ordinances adopted by the 10 

Coachella Valley jurisdictions. These 

regulations and ordinances were 

adopted in fulfillment of emission 

reduction commitments in the 2002 

SIPs for the South Coast and Coachella, 

and in the 2003 South Coast AQMP. 

The docket for this rulemaking 

includes the complete SIP submittal 

package, including the current rule text, 

strike-out/underline rule text 

highlighting rule amendments, and the 

SCAQMD Staff Report, which provides 

information on the regulatory 

background, rule purpose and 

applicability, affected sources, legal 

authority, changes in the rules and 

implementation handbooks, estimation 

of emissions and emission reductions, 

cost and cost-effectiveness estimates, 

and summary of public comments and 

SCAQMD response. The Staff Report 

and supplementary materials on revised 

Rules 403, 403.1, and 1186 may also be 

found at: http://www.aqmd.gov/hb/

2004/040438a.html.

1. Description of Regulations and 

Ordinances 

a. SCAQMD Rule 403—Fugitive Dust

Rule 403 applies to any land use or 

activity that has the potential to 

generate fugitive dust, including 

construction and agricultural activities. 

SCAQMD originally adopted Rule 403 

in 1976, and amended the rule in 1992, 

1993, 1997, and 1998. On February 17, 

2000 (65 FR 8057), we approved Rule 

403, including its two handbooks (‘‘Rule 

403 Implementation Handbook’’ and 

‘‘Rule 403 Agricultural Handbook’’), as 

the rule was last amended in 1998. 

On April 2, 2004, the SCAQMD again 

adopted strengthening and clarifying 

amendments to the rule and handbooks, 

and adopted an additional handbook—

‘‘Rule 403 Coachella Valley Agricultural 

Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43669

16Letter from Michael Scheible, CARB, to Wayne 

Nastri, USEPA, dated November 16, 2004, and letter 

from Elaine Chang, SCAQMD, to Dave Jesson, 

USEPA, dated September 17, 2004.

17Letter from Elaine Chang, SCAQMD, to Bob 

Fletcher, ARB, dated August 18, 2004.

18Rule 403.1 was originally titled ‘‘Wind 

Entrainment of Fugitive Dust.’’ The amendment 

adopted this year includes a change in the rule’s 

title to ‘‘Supplemental Fugitive Dust Control 

Requirements for Coachella Valley.’’

19Letter from Michael Scheible, CARB, to Wayne 

Nastri, USEPA, dated November 16, 2004, and letter 

from Elaine Chang, SCAQMD, to Dave Jesson, 

USEPA, dated September 17, 2004.

20Letter from Elaine Chang, SCAQMD, to Bob 

Fletcher, ARB, dated August 18, 2004.

Handbook.’’ The more significant 

changes include: Lowering the 

threshold for construction projects 

subject to additional requirements for 

large operations and strengthening those 

notification and control requirements; 

requiring construction sites greater than 

5 acres to install track-out control 

devices; identifying conservation 

practices for Coachella Valley crop 

producers seeking a Rule 403 

exemption; tightening provisions 

relating to weed abatement; and adding 

numerous provisions to clarify the rule 

and improve its enforceability. 

CARB and SCAQMD requested that 

we not approve into the SIP the revised 

rule provision (h), relating to Ambient 

Air Analysis Fees.16 In the same 

correspondence, CARB and SCAQMD 

asked that we approve only the 

following sections of the revised 403 

Implementation Handbook, which is 

incorporated into the rule: (1) Chapter 

5—Guidance for Large Operations; (2) 

Chapter 7—Test Methods; and (3) 

Chapter 8—On-Site Monitoring. 

SCAQMD asked that we approve the 

entire Rule 403 Coachella Valley 

Agricultural Handbook, just as we have 

previously approved the entire 403 

Agricultural Handbook applicable to the 

South Coast area (65 FR 8057).17

b. SCAQMD Rule 403.1—Supplemental 

Fugitive Dust Control Requirements for 

Coachella Valley 

SCAQMD Rule 403.1 applies to any 

land use or activity within the Coachella 

Valley that has the potential to generate 

fugitive dust, including construction 

activities.18 The rule includes especially 

stringent provisions for implementation 

when wind speeds exceed 25 miles per 

hour, and the rule also serves as a 

backstop for local jurisdictions’

enforcement of their fugitive dust 

ordinances. SCAQMD originally 

adopted Rule 403.1 in 1993, and 

amended the rule in 2000. On December 

9, 1998 (63 FR 67784), we approved 

Rule 403.1, including the ‘‘403.1 

Implementation Handbook,’’ as 

originally adopted in 1993.

On April 2, 2004, the SCAQMD 

adopted strengthening and clarifying 

amendments to the rule and ‘‘Rule 403.1 

Implementation Handbook.’’ The more 

significant changes include: more 

stringent soil stabilization requirements 

for inactive construction sites; addition 

of a requirement that sources not subject 

to a local dust control ordinance submit 

a fugitive dust control plan to SCAQMD; 

and numerous provisions clarifying the 

rule and improving its enforceability. 

CARB and SCAQMD requested that 

we not approve into the SIP the revised 

rule provision (j), relating to Fees.19

SCAQMD also asked that we approve 

only the following sections of the 

revised ‘‘Rule 403.1 Implementation 

Handbook,’’ which is incorporated into 

the rule: (1) Chapter 2—Coachella 

Valley Wind Monitoring; (2) Chapter 

3—On-Site Wind Monitoring 

Equipment; (3) Chapter 4—Fugitive 

Dust Control Plan Guidance; and (4) 

Chapter 7—Test Methods.20

c. SCAQMD Rule 1186—PM10

Emissions From Paved and Unpaved 

Roads, and Livestock Operations 

SCAQMD Rule 1186 establishes 

controls to reduce dust from traffic on 

paved and unpaved roads, from hay 

grinding activities, and from access 

connections and feed lane at livestock 

operations. The rule includes 

requirements for purchase of PM10

efficient street sweepers; removal of 

material on roadways; curbing; 

treatment of medians; and paving, 

stabilization, and/or speed restrictions 

for unpaved roads. SCAQMD originally 

adopted Rule 1186 in 1997, and 

amended the rule in 1998, and 1999. On 

February 17, 2000 (65 FR 8057), we 

approved Rule 1186 as it was last 

amended in 1998. 

On April 2, 2004, the SCAQMD 

adopted strengthening and clarifying 

amendments to the rule. The more 

significant changes include: extending 

street cleaning requirements to 

Coachella Valley and implementing 

requirements for improved road 

shoulders. 

d. Coachella Valley Local Ordinances 

On February 16, 1995, the State 

submitted for SIP approval the 

following fugitive dust ordinances 

adopted by the following Coachella 

Valley jurisdictions on the dates shown 

in parentheses: City of Cathedral City 

Ordinance No. 377 (2/18/93), City of 

Coachella Ordinance No. 715 (10/6/93), 

City of Desert Hot Springs Ordinance 

No. 93–2 (5/18/93), City of Indian Wells 

Ordinance No. 313 (2/4/93), City of 

Indio Ordinance No. 1138 (3/17/93), 

City of La Quinta Ordinance No. 219 

(12/15/92), City of Palm Desert 

Ordinance No. 701 (1/14/93), City of 

Palm Springs Ordinance No. 1439 (4/21/

93), City of Rancho Mirage Ordinance 

No. 575 (8/5/93), and County of 

Riverside Ordinance No. 742 (1/4/94). 

On December 9, 1998 (63 FR 67784), we 

approved all of these ordinances. 

These ordinances were based on a 

model fugitive dust control ordinance 

developed by the Coachella Valley 

Association of Governments (CVAG), 

local governments, and the SCAQMD. 

The ordinances typically require: (1) 

Dust control plans for each construction 

project needing a grading permit; (2) 

plans to pave or chemically treat 

unpaved surfaces if daily vehicle trips 

exceed 150; (3) imposition of 15 mph 

speed limits for unpaved surfaces if 

daily vehicle trips do not exceed 150; 

(4) paving or chemical treatment of 

unpaved parking lots; and (5) actions to 

discourage use of unimproved property 

by off-highway vehicles. 

Again working in cooperation with 

CVAG and SCAQMD, all of the 

jurisdictions recently developed a more 

stringent model ordinance and then 

adopted new replacement ordinances 

based on the model. The revised 

ordinances improve in numerous ways 

the effectiveness of controls on 

construction emissions and enhance the 

jurisdictions’ various programs for 

reducing reentrained dust emissions. 

On November 16, 2004, CARB 

submitted the following new and 

improved ordinances as replacements 

for the previously approved SIP 

provisions: City of Cathedral City 

Ordinance No. 583 (adopted 1/14/04), 

City of Coachella Ordinance No. 896 

(10/8/03), City of Desert Hot Springs 

Ordinance No. 2003–16 (10/7/03), City 

of Indian Wells Ordinance No. 545 (11/

6/03), City of Indio Ordinance No. 1357 

(12/3/03), City of La Quinta Ordinance 

No. 391 (12/2/03), City of Palm Desert 

Ordinance No. 1056 (11/13/03), City of 

Palm Springs Ordinance No. 1639 (11/

5/03), City of Rancho Mirage 

Ordinances No. 855 (12/18/03) and No. 

863 (4/29/04), and County of Riverside 

Ordinance No. 742.1 (1/13/04). 

2. Proposed Action on Regulations and 

Ordinances 

The revisions to Rules 403, 403.1, and 

1186 and the Coachella Valley fugitive 

dust ordinances strengthen the SIPapproved rules and ordinances. The 

rules and ordinances continue to 

contain adequate enforcement 

provisions for ensuring compliance by 

regulated facilities and the rules deliver 

emission reductions consistent with the 

South Coast and Coachella Valley 

43670 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 

progress and attainment requirements. 

Prior versions of these rules and 

ordinances were previously determined 

to meet the BACM and MSM provisions, 

and the rules and ordinances, as now 

strengthened, continue to meet 

applicable CAA subpart 2 provisions. 

As noted above, the SCAQMD has 

requested that we not approve certain 

provisions of the rules and 

accompanying handbooks. With these 

exceptions, we are proposing to approve 

SCAQMD Rules 403, 403.1, and 1186, 

including the rule handbooks (Rule 403 

Implementation Handbook, Rule 403 

Coachella Valley Agricultural 

Handbook, and Rule 403.1 

Implementation Handbook), as amended 

on April 2, 2004, and the Coachella 

Valley fugitive dust ordinances under 

CAA section 110(k)(3), as submitted on 

November 16, 2004, as meeting the 

provisions of CAA sections 110(a), 

188(e), and 189(b)(1)(B).

Finally, we are proposing to conclude 

that the 2003 South Coast AQMP and 

the 2003 Coachella Valley Plan continue 

to meet BACM and MSM control 

measure requirements under CAA 

sections 188(e) and 189(b)(1)(B), 

through fully adopted regulations and 

ordinances and (in the case of the South 

Coast) a very limited number of nearterm commitments to adopt additional 

measures. 

D. Contingency Measures 

The CAA requires that the SIP include 

contingency measures to be 

implemented if the area fails to meet 

progress requirements or to attain the 

NAAQS by the applicable deadline. In 

response to this provision, the 2003 

South Coast AQMP includes two 

updated contingency measures: CTY–

01—Accelerated Implementation of 

Control Measures, and CTY–14—

Emission Reductions from 

Miscellaneous Sources (Weed 

Abatement). These measures are 

discussed at length in Appendix IV–A, 

Section 2, pages IV–122 through IV–133. 

CTY–01 includes Table 4 (page IV–126) 

displaying the scheduled control 

measures whose implementation could 

be accelerated as part of the contingency 

measure implementation. Both 

measures have the potential to achieve 

significant further reductions in PM–10 

and its precursors and may be 

implemented quickly to cure a SIP 

shortfall. Upon final federal approval, 

these contingency measures would 

supersede and replace the contingency 

measures in the 2002 SIP for the South 

Coast. 

In addition to these contingency 

measures, the 2003 South Coast AQMP 

projects a level of excess control for 

years beyond 2006 for NOX and VOC, 

two of the major secondary precursors 

to PM–10 in the South Coast. This safety 

margin is due to the future year benefits 

of measures already adopted in 

regulatory form by October 31, 2002, the 

cutoff date for the inventories in 

Appendix III, Attachment A. The extent 

of this cushion, which is primarily the 

result of fleet turnover to meet the 

State’s stringent mobile source emission 

standards, is shown below in Table 3—

‘‘Emissions of PM–10 Precursors in the 

South Coast.’’

TABLE 3.—EMISSIONS OF PM–10 PRECURSORS IN THE SOUTH COAST

[Emissions are shown in average annual tons per day] 

Precursor 2006

Table A–7 

2007

Table A–8 

2008

Table A–9 

2010

Table A–10 

NOX .................................................................................................................. 950 912 873 780 

VOC ................................................................................................................. 698 672 658 630 

Source: 2003 South Coast AQMP, Appendix III, Attachment A. 

Assuming that the 2006 levels are 

consistent with attainment of the PM–10 

NAAQS, the declining total basinwide 

inventory of NOX and VOC show 

additional reductions beyond those 

needed to maintain the NAAQS. Thus, 

for the year 2008, projected emissions of 

NOX are 77 tpd below the attainment 

level, and projected emissions of VOC 

are 40 tpd below the attainment level.

We propose to approve the 

SCAQMD’s contingency measure 

provisions under CAA section 110(k)(3) 

as meeting the requirements of CAA 

section 172(c)(9). Specifically, we are 

proposing to approve contingency 

measures CTY–01—Accelerated 

Implementation of Control Measures, 

and CTY–04—Control of Emissions 

from Miscellaneous Sources (Weed 

Abatement), as set forth in Section 2 of 

Appendix IV–A to the 2003 South Coast 

AQMP. 

There are no new contingency 

measures in the 2003 Coachella Valley 

Plan. Therefore, the contingency 

provisions in the 2002 SIP for Coachella 

Valley (see 67 FR 77209) remain 

applicable. 

E. Reasonable Further Progress (RFP) 

and Milestones 

The plans must include quantitative 

milestones which are to be achieved 

every 3 years until the areas are 

redesignated to attainment, and which 

demonstrate RFP, as defined in CAA 

section 171(1), until the area reaches 

attainment. CAA sections 172(c)(2) and 

189(c). 

1. South Coast 

The 2003 South Coast AQMP includes 

projected levels of controlled emissions, 

based on fully adopted regulations and 

enforceable schedules for 

implementation of the control measure 

commitments. The resulting emissions 

levels are shown in Table 4—‘‘South 

Coast PM–10 Reasonable Further 

Progress Milestones.’’ Using the 

approaches discussed in Section II.F.1 

below, the SCAQMD modeled the 

emissions levels for 2006 to demonstrate 

that both the 24-hour and annual PM–

10 NAAQS will be attained when 

emissions are reduced to the levels 

shown for 2006.

TABLE 4.—SOUTH COAST PM–10 

REASONABLE FURTHER PROGRESS

MILESTONES

[Emissions are shown in average annual tons 

per day] 

Pollutant 2003 2006 

PM–10 .............. 292 292 

NOX .................. 1,048 935 

SOX ................... 58 57 

VOC .................. 804 673 

Source: 2003 South Coast AQMP, Table 6–

1. 

We propose to approve this milestone 

schedule as meeting the requirements of 

CAA section 189(c), since the schedule 

reflects expeditious implementation of 

BACM and expeditious attainment of 

the 24-hour and annual PM–10 NAAQS. 

These triennial progress milestones are 

the principal progress component, but 

the 2003 South Coast AQMP also 

provides additional information 

regarding interim year reductions. See, 

for example, Table 2 above, Table A–6 

of Appendix III, and the 2005 milestone 

year reduction schedule for the 1-hour 

ozone component of the plan (Table 6–

Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43671

21Under the District’s PM10 Technical 

Enhancement Program (PTEP), SCAQMD has been 

measuring speciated particulate matter at the 

following sites: Anaheim, Diamond Bar, Fontana, 

Los Angeles, and Rubidoux. Information about the 

PTEP program may be found in Appendix V to the 

1997 South Coast AQMP and 2003 South Coast 

AQMP.

22Over the years, EPA has issued some 

recommendations on PM–10 modeling, including 

those codified at 40 CFR part 51, appendix W, 7.2.1 

and 7.2.2, and those set forth in the PM–10 SIP 

Development Guideline (USEPA 450/2–860001, 6/

87). Although we do not set minimum performance 

goals or require model performance evaluation for 

PM–10 modeling, SCAQMD included a 

performance evaluation for the UAMAERO–LT by 

grid cell and monitoring site and also a performance 

evaluation at each of the 5 PTEP sites for sulfate, 

nitrate, ammonium, organic carbon, elemental 

carbon, and primary PM–10 (Appendix V, pages V–

2–31 to V–2–47).

23The SCAQMD excercised its option to increase 

the estimated 2006 paved road dust emissions in 

the attainment demonstration to provide a safety 

margin in the motor vehicle emissions budget, 

resulting in predicted maximum concentrations of 

50.4 μg/m3 and 144.3 μg/m3 (Table 3–3).

3b). We therefore propose to conclude 

that the 2003 South Coast AQMP also 

meets the RFP provision of CAA section 

172(c)(2). 

2. Coachella Valley 

The 2003 Coachella Valley Plan 

includes projected levels of controlled 

emissions, based on fully adopted 

regulations and enforceable schedules 

for implementation of the 2002 SIP’s 

control measure commitment. The 

resulting emissions levels are shown in 

Table 5—‘‘Coachella Valley PM–10 

Reasonable Further Progress 

Milestones.’’ Using the approaches 

discussed in Section II.F.2 below, the 

SCAQMD modeled the emissions levels 

for 2006 to demonstrate that both the 

24-hour and annual PM–10 NAAQS will 

be attained when emissions are reduced 

to the levels shown for 2006.

TABLE 5.—COACHELLA VALLEY PM–

10 REASONABLE FURTHER

PROGRESS MILESTONES

[PM–10 emissions are shown in average 

annual tons per day] 

2003 2006 

30.32 ......................................... 29.09 

Source: 2003 Coachella Valley Plan, Tables 

2–9 and 2–7. 

We propose to approve this schedule 

as meeting the RFP and milestone 

requirements of CAA section 189(c)(1), 

since the schedule reflects expeditious 

implementation of BACM and 

expeditious attainment of the 24-hour 

and annual PM–10 NAAQS. 

Specifically, we are proposing to 

approve the milestone provisions in 

Tables 2–9 and 2–7 of the 2003 

Coachella Valley Plan. Because the 

reductions needed for attainment 

between the 2003 and 2006 milestones 

are small (1.23 tons per day), we believe 

that interim year reduction estimates are 

not necessary or meaningful, and we 

conclude that the plan meets the 

requirements of CAA section 172(c)(2) 

relating to RFP. 

F. Attainment Demonstration

The plans must provide detailed 

demonstrations (including air quality 

modeling) that the specified control 

strategy will reduce PM–10 emissions so 

that the standards will be attained as 

soon as practicable but no later than 

December 31, 2006. CAA section 

189(b)(1)(A). In the case of the South 

Coast and Coachella Valley, the 

attainment demonstration must analyze 

both the 24-hour and annual NAAQS, 

since the areas have historically violated 

both NAAQS. 

1. South Coast 

In the 2003 South Coast AQMP, 

SCAQMD primarily relied on 

UAMAERO–LT modeling approach to 

assess control scenarios and to 

determine attainment of the PM–10 

NAAQS. The 2003 South Coast AQMP 

also employed linear rollback of 

speciated particulate at 5 representative 

sites in the basin.21 Finally, a weight-ofevidence (WOE) assessment was used 

for basin grids where high 

concentrations were predicted. The 

inputs and application of the models 

and the WOE analyses are described in 

Chapter 2 of Appendix V (Modeling and 

Attainment Demonstrations) of the 2003 

South Coast AQMP.

The modeling results for 1995, 2006, 

and 2010 are presented in Chapter 5 

(Figure 5–1 shows maximum annual 

concentrations and Figure 5–2 shows 

maximum 24-hour concentrations), and 

on pages V–2–49 to V–2–58 of 

Appendix V. The modeling predicts that 

the peak annual concentration in 2006 

with implementation of controls will be 

50 μg/m3, compared to the 50 μg/m3

annual PM–10 NAAQS. The modeling 

predicts that the peak 24-hour 

concentration in 2006 with controls will 

be 150 μg/m3, compared to the 150 μg/

m3 24-hour PM–10 NAAQS. 

In contrast to other pollutants, we 

have not issued detailed modeling 

guidelines for PM–10, nor have we 

established minimum performance 

requirements for PM–10 modeling.22 We 

have reviewed the SCAQMD’s modeling 

approaches for both primary PM–10 and 

secondary PM–10, using both receptor 

modeling and dispersion modeling. We 

believe that the modeling in the 2003 

South Coast AQMP provides a 

reasonable basis for linking emissions 

with air quality, for identifying an 

appropriate control strategy, and for 

determining whether the strategy 

delivers attainment for both the 24-hour 

and annual PM–10 NAAQS.

The SCAQMD’s modeling shows that 

the level of emissions after 

implementation of the proposed set of 

control strategies would result in 2006 

ambient concentrations within the 

South Coast in attainment of both the 

24-hour and annual PM–10 NAAQS. We 

therefore conclude that the air quality 

modeling and attainment demonstration 

contained in the 2003 South Coast 

AQMP, Chapter 5 and Appendix V, 

Chapter 2, are consistent with existing 

EPA guidance, and we propose to 

approve the attainment demonstration 

under CAA section 189(b)(1)(A). 

2. Coachella Valley 

In the 2003 Coachella Valley Plan as 

with the 2003 South Coast AQMP, 

SCAQMD primarily relied on 

UAMAERO–LT modeling approach to 

assess control scenarios and to 

determine attainment of the annual PM–

10 NAAQS. The 2003 Coachella Valley 

Plan also employed linear rollback of 

each of the significant primary source 

categories as part of the demonstration 

of attainment of the 24-hour PM–10 

NAAQS. The attainment demonstration 

is presented in Chapter 3. The predicted 

peak concentration is 49.6 μg/m3 for the 

annual NAAQS and 141.6 μg/m3 for the 

24-hour NAAQS.23

The modeling thus shows that the 

level of emissions after implementation 

of the proposed set of control strategies 

would result in 2006 ambient 

concentrations within the Coachella 

Valley in attainment of both the 24-hour 

and annual PM–10 NAAQS. We 

therefore conclude that the air quality 

modeling and attainment demonstration 

contained in the 2003 Coachella Valley 

Plan, Chapter 3, are consistent with 

existing EPA guidance, and we propose 

to approve the attainment 

demonstration under CAA section 

189(b)(1)(A). 

G. Motor Vehicle Emission Budgets 

Rate of progress and attainment 

demonstration submittals must specify 

the maximum emissions of 

transportation-related precursors of PM–

10 allowed in each milestone year and 

the attainment year and demonstrate 

that these emissions levels, when 

considered with emissions from all 

other sources, are consistent with RFP 

and attainment. In order for us to find 

these emissions levels or ‘‘budgets’’

43672 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 

24The conformity regulations provide that, for 

purposes of budgets and conformity determinations, 

the applicable pollutants are bOC, NOx, and PM–

10 if the applicable implementation plan 

establishes a budget for such emissions as part of 

the RFP, attainment, or maintenance strategy, or 

EPA has made such a finding. 40 CFR 

91.102(b)(2)(111). Thus, although the SCAMQD has 

set RFP and attainment reductions for SOx, the 

conformity regulations do not allow for SOx 

budgets. The conformity regulations require that, in 

PM–10 areas with SIPs which identify constructionrelated fugitive PM—10 as a contributor to the 

nonattainment problem, the PM–10 budget and 

conformity analysis must include fugitive, PM–10 

emissions associated with the construction of 

highway and transit projects. 40 CFR 93.122(d)(2)

adequate and approvable, the submittal 

must meet the conformity adequacy 

provisions of 40 CFR 93.118(e)(4) and be 

approvable under all pertinent SIP 

requirements.

The budgets defined by this and other 

plans when they are approved into the 

SIP or, in some cases, when the budgets 

are found to be adequate, are then used 

to determine the conformity of 

transportation plans, programs, and 

projects to the SIP, as described by CAA 

section 176(c)(3)(A). For more detail on 

this part of the conformity requirements, 

see 40 CFR 93.118. For transportation 

conformity purposes, the cap on 

emissions of transportation-related PM–

10 precursors is known as the motor 

vehicle emissions budget. The budget 

must reflect all of the motor vehicle 

control measures contained in the 

attainment demonstration (40 CFR 

93.118(e)(4)(v)), and must include PM–

10 and PM–10 precursor emissions from 

the following sources: Motor vehicles, 

reentrained dust from traffic on paved 

and unpaved roads, and emissions 

during construction of highway and rail 

projects.24

The motor vehicle emissions budgets 

for the South Coast are presented in 

Table 6 below, entitled ‘‘South Coast 

PM–10 Plan Motor Vehicle Emissions 

Budgets,’’ which is taken from ‘‘2003 

South Coast AQMP On-Road Motor 

Vehicle Emissions Budgets,’’ an 

attachment to CARB’s SIP submittal. 

The motor vehicle emissions budgets for 

the Coachella Valley are presented in 

Table 7 below, entitled ‘‘Coachella 

Valley PM–10 Plan Motor Vehicle 

Emissions Budgets,’’ which is taken 

from ‘‘2003 Coachella Valley PM–10 SIP 

On-Road Motor Vehicle Emissions 

Budgets,’’ an attachment to CARB’s SIP 

submittal. 

EPA has previously determined that 

these budgets are adequate (see 69 FR 

15325, March 25, 2004), following 

posting of the budgets on EPA’s 

conformity Web site: http://

www.epa.gov/otaq/transp/conform/

reg9sips.htm.

TABLE 6.—SOUTH COAST PM–10 

PLAN MOTOR VEHICLE EMISSIONS

BUDGETS

[Emissions are shown in annual average tons 

per day] 

Year PM–10 NOX VOC 

2003 ............ 168 635 311 

2006 ............ 166 549 251 

TABLE 7.—COACHELLA VALLEY PM–

10 PLAN MOTOR VEHICLE EMISSIONS BUDGETS

[Emissions are shown in annual average tons 

per day] 

Year PM–10 

2003 .......................................... 12.3 

2006 .......................................... 10.9 

The 2003 Coachella Valley Plan 

provides additional information on the 

budgets in Chapter 2 (pages 2–9 through 

2–12) and Chapter 3 (pages 3–3 through 

3–4), where the safety margin in the 

2006 budgets is explained. In Section 

II.B.2., we propose to approve committal 

measure TCB–01—Transportation 

Conformity Budget Backstop Measure, 

which is designed to ensure that motor 

vehicle emissions remain consistent 

with the South Coast PM–10 budget and 

continued attainment of the PM–10 

NAAQS in the South Coast through the 

years 2020 and 2030. 

As discussed above in Section II.A., 

Emission Inventories, the motor vehicle 

emissions portions of these budgets (i.e., 

the evaporative and tailpipe emissions) 

were developed using the EMFAC2002 

motor vehicle emissions factors, along 

with activity levels reflecting current 

information provided by SCAG. 

We propose to approve the motor 

vehicle emission budgets shown in 

Tables 6 and 7 as consistent with CAA 

section 176(c)(2)(A) and the adequacy 

criteria of 40 CFR 93.118(e)(4), 

including consistency with the baseline 

emissions inventories, the motor vehicle 

control measure emission reductions 

used in the progress and attainment 

demonstration, and the reductions 

needed for continued attainment of the 

standard after the attainment deadline. 

III. Summary of EPA’s Proposed Action 

We are proposing to approve revisions 

to SCAQMD Rules 403 (except for 

subdivision h), 403.1 (except for 

subdivision j), and 1186 regulating 

fugitive dust emissions; revisions to the 

implementation handbooks for the rules 

(Rule 403 Implementation Handbook, 

Chapters 5, 7, and 8; Rule 403 Coachella 

Valley Agricultural Handbook; Rule 

403.1 Implementation Handbook, 

Chapters 2, 3, 4, and 7); and revisions 

to the fugitive dust ordinances for 10 

Coachella Valley jurisdictions. These 

revisions update, improve, strengthen, 

and supplement the SIP provisions for 

control of PM–10 and PM–10 precursors 

in the two areas. 

We are proposing to approve 2003 

plan amendments to the 2002 SIPs for 

the South Coast and Coachella Valley 

serious nonattainment areas, as the plan 

amendments pertain to CAA provisions 

applicable to attainment SIPs for the 24-

hour and annual PM–10 NAAQS. 

Specifically, we are proposing to 

approve under section 110(k)(3) the 

PM–10 portions of the 2003 South Coast 

AQMP and the 2003 Coachella Valley 

Plan with respect to the CAA 

requirements for emissions inventories 

under section 172(c)(3); control 

measures, as meeting the requirements 

of sections 110(a), 188(e), and 

189(b)(1)(B); RFP under section 

189(c)(1); contingency measures under 

section 172(c)(9); demonstration of 

attainment under section 189(b)(1)(A); 

and motor vehicle emissions budgets 

under section 176(c)(2)(A). 

We show the proposed plan approvals 

in Table 8—‘‘Proposed Approvals of 

South Coast and Coachella Valley PM–

10 Attainment Plan Submittals.’’

Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Proposed Rules 43673

TABLE 8.—PROPOSED APPROVALS OF SOUTH COAST AND COACHELLA VALLEY PM–10 ATTAINMENT PLAN SUBMITTALS

CAA section Provision 

Plan citation 

South Coast Coachella Valley 

172(c)(3) ........................................ Emission Inventories .................... 2003 South Coast AQMP, Chapter 3 (Tables 3–1A and 3–3A); 

Appendix III (Tables A–1, A–2, 

A–3, A–5, and A–7); and Appendix V (Attachment 4).

2003 Coachella Valley Plan, Tables 2–2, 2–3, 2–4, and 2–5. 

110(a), 188(e), and 189(b)(1)(B) ... Control Measures ......................... Table 1 (derived from 2003 South 

Coast AQMP, Appendix IV–A) 

and Table 2 (derived from 2003 

South Coast AQMP, Table 4–

8A).

No new measures. 

172(c)(2), 189(c)(1) ........................ Reasonable Further Progress ...... 2003 South Coast AQMP, Table 

6–1.

Table 5 (derived from 2003 

Coachella Valley Plan, Tables 

2–9 and 2–7). 

172(c)(9) ........................................ Contingency Measures ................. 2003 South Coast AQMP, Appendix IV–A, Section 2 (CTY–01, 

CTY–04, TCB–01).

No new measures. 

189(b)(1)(A) ................................... Attainment Demonstration ............ 2003 South Coast AQMP, Chapter 5; Appendix V, Chapter 2.2003 Coachella Valley Plan, 

Chapter 3. 

176(c)(2)(A) .................................... Motor Vehicle Emissions Budgets Table 6 (derived from ‘‘2003 

South Coast AQMP On-Road 

Motor Vehicle Emissions Budgets’’).

Table 7 (derived from ‘‘2003 

Coachella Valley PM–10 SIP 

On-Road Motor Vehicle Emissions Budgets’’). 

IV. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

proposes to approve pre-existing 

requirements under state law and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This proposed 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: July 17, 2005. 

Wayne Nastri, 

Regional Administrator, Region IX.

[FR Doc. 05–14931 Filed 7–27–05; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 600

[Docket No. 050520139–5139–01; I.D. 

030305A]

RIN 0648–AS46

Magnuson-Stevens Act Provisions; 

Fishing Capacity Reduction Program; 

Bering Sea/Aleutian Islands King and 

Tanner Crabs; Industry Fee System for 

Fishing Capacity Reduction Loan

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

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