17902 Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 

1On March 27, 2008 (73 FR 16436), EPA 

promulgated a revised 8-hour ozone standard of 

0.075 ppm (the 2008 8-hour ozone standard), and 

on May 21, 2012, EPA designated San Diego County 

as nonattainment for the 2008 8-hour ozone 

standard (77 FR 30088). This rulemaking relates 

only to the 1997 8-hour ozone standard and does 

not relate to the 2008 8-hour ozone standard. 

This notice extends this period for 

outlines to be submitted by members of 

the public who previously submitted 

written comments. This notice does not 

affect the date or time of the scheduled 

public hearing, which will be held on 

April 10, 2013 at 10 a.m. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available, free of 

charge, at the hearing or in the Freedom 

of Information Reading Room (FOIA RR) 

(Room 1621) which is located at the 

11th and Pennsylvania Avenue NW., 

entrance, 1111 Constitution Avenue 

NW., Washington, DC 20224. 

Because of access restrictions, the IRS 

will not admit visitors beyond the 

immediate entrance area more than 30 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

LaNita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2013–06709 Filed 3–20–13; 11:15 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2012–0971; 9793–6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of California; 

Redesignation of San Diego County to 

Attainment for the 1997 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve, 

as a revision of the California state 

implementation plan, a request from the 

California Air Resources Board to 

redesignate the San Diego County ozone 

nonattainment area to attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (1997 ozone 

standard) because the request meets the 

statutory requirements for redesignation 

under the Clean Air Act. EPA is also 

proposing to approve the State’s plan for 

maintaining the 1997 ozone standard in 

San Diego County for ten years beyond 

redesignation, and the inventories and 

related motor vehicle emissions budgets 

within the plan, because they meet the 

applicable requirements for such plans 

and budgets. 

DATES: Comments must be received on 

or before April 24, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R09–OAR–2012–0971, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. Email: r9_airplanning@epa.gov. 

3. Fax: 415–947–3579 

4. Mail or deliver: John Ungvarsky 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901. 

Deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or email. http:// 

www.regulations.gov is an anonymous 

access system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. Summary of Today’s Proposed Action 

II. Background 

III. Procedural Requirements for Adoption 

and Submittal of SIP Revisions 

IV. Substantive Requirements for 

Redesignation 

V. Evaluation of the State’s Redesignation 

Request for the San Diego County 8-Hour 

Ozone Nonattainment Area 

A. Determination That the Area Has 

Attained the Applicable NAAQS 

B. The Area Must Have a Fully Approved 

SIP Meeting Requirements Applicable 

for Purposes of Redesignation Under 

Section 110 and Part D 

1. Basic SIP Requirements Under CAA 

Section 110 

2. Part D Requirements 

a. Introduction 

b. Subpart 1 Requirements 

c. Subpart 2 Requirements 

C. The Area Must Show the Improvement 

in Air Quality Is Due to Permanent and 

Enforceable Emissions Reductions 

D. The Area Must Have a Fully Approved 

Maintenance Plan Under CAA Section 

175A 

1. Attainment Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Provisions 

6. Subsequent Maintenance Plan Revisions 

7. Motor Vehicle Emissions Budgets 

VI. Proposed Action and Request for Public 

Comment 

VII. Statutory and Executive Order Reviews 

I. Summary of Today’s Proposed Action 

EPA is proposing to take several 

related actions. First, under Clean Air 

Act (CAA or ‘‘Act’’) section 110(k)(3), 

EPA is proposing to approve a 

maintenance plan for the 1997 8-hour 

ozone standard (‘‘San Diego 8-hour 

maintenance plan’’) for the San Diego 

County 1997 ozone nonattainment area 

(‘‘San Diego 8-hour area’’) as a revision 

to the California state implementation 

plan (SIP).1 The San Diego 8-hour 

maintenance plan is included in a 

document titled Redesignation Request 

and Maintenance Plan for the 1997 

National Ozone Standard for San Diego 

County (December 2012) submitted by 


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2The design value for the 1979 1-hour ozone 

standard is the fourth-highest daily maximum 1- 

hour ozone concentration over a three-year period 

at the worst-case monitoring site in the area. 

3The design value for the 1997 8-hour ozone 

standard is the three-year average of the annual 

fourth-highest daily maximum 8-hour ozone 

concentration at the worst-case monitoring site in 

the area. 

4That portion of San Diego County that excludes 

the areas listed below: La Posta Areas #1 and #2; 

Cuyapaipe Area; Manzanita Area; and Campo Areas 

#1 and #2. The boundaries for these designated 

areas are based on coordinates of latitude and 

longitude derived from EPA Region 9’s GIS 

database and are illustrated in a map entitled 

‘‘Eastern San Diego County Attainment Areas for 

the 8-Hour Ozone NAAQS,’’ dated March 9, 2004, 

including an attached set of coordinates. The map 

and attached set of coordinates are available at 

EPA’s Region 9 Air Division office. The designated 

areas roughly approximate the boundaries of the 

reservations for these tribes, but their inclusion is 

intended for CAA planning purposes only and is 

not intended to be a federal determination of the 

exact boundaries of the reservations. Also, the 

specific listing of these tribes does not confer, deny, 

or withdraw Federal recognition of any of the tribes 

so listed nor any of the tribes not listed. 

the California Air Resources Board 

(CARB) on December 28, 2012. 

In connection with the San Diego 8- 

hour maintenance plan, EPA finds that 

the maintenance demonstration 

showing how the area will continue to 

attain the 1997 8-hour ozone national 

ambient air quality standard (1997 

ozone NAAQS or 1997 ozone standard) 

for at least 10 years beyond 

redesignation (i.e., through 2025) and 

the contingency provisions describing 

the actions that the San Diego County 

Air Pollution Control District (SDAPCD) 

will take in the event of a future 

monitored violation meet all applicable 

requirements for maintenance plans and 

related contingency provisions in CAA 

section 175A. EPA is also proposing to 

approve the motor vehicle emissions 

budgets (MVEBs) in the San Diego 8- 

hour maintenance plan because we find 

they meet the applicable transportation 

conformity requirements under 40 CFR 

93.118(e). 

Second, under CAA section 

107(d)(3)(D), EPA is proposing to 

approve CARB’s request that 

accompanied the submittal of the San 

Diego 8-hour maintenance plan, that is, 

to redesignate the San Diego 8-hour area 

to attainment for the 1997 ozone 

standard. We are doing so based on our 

conclusion that the area has met the five 

criteria for redesignation under CAA 

section 107(d)(3)(E). Our conclusion in 

this regard is in turn based on our 

proposed determination that the area 

has attained the 1997 ozone standard, 

that relevant portions of the California 

SIP are fully approved, that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions, that California has met all 

requirements applicable to the San 

Diego 8-hour area with respect to 

section 110 and part D of the CAA, and 

based on our proposed approval as part 

of this action of the San Diego 8-hour 

maintenance plan. 

II. Background 

Ground-level ozone is generally not 

emitted directly by sources. Rather, 

directly-emitted oxides of nitrogen 

(NOX) and volatile organic compounds 

(VOC) react in the presence of sunlight 

to form ground-level ozone, as a 

secondary pollutant, along with other 

secondary compounds. NOX and VOC 

are ‘‘ozone precursors.’’ Reduction of 

peak ground-level ozone concentrations 

is typically achieved through 

controlling VOC and NOX emissions. 

In 1971, under section 109 of the Act, 

as amended in 1970, EPA promulgated 

the original NAAQS for several 

pervasive air pollutants, including 

photochemical oxidants. NAAQS 

represent concentration levels the 

attainment and maintenance of which, 

allowing for an adequate margin of 

safety, EPA has determined to be 

requisite to protect public health 

(‘‘primary’’ NAAQS) and welfare 

(‘‘secondary’’ NAAQS). 

In 1978, EPA designated the San 

Diego Air Basin as a nonattainment area 

(SDAB nonattainment area) for the 

photochemical oxidant NAAQS. See 43 

FR 8962 (March 3, 1978). In 1979, EPA 

revised the NAAQS from an hourly 

average of 0.08 parts per million (ppm) 

oxidant to an hourly average of 0.12 

ppm ozone (1979 ozone standard). See 

44 FR 8202 (February 8, 1979). The 

nonattainment designation for the SDAB 

nonattainment area for photochemical 

oxidants carried over to the 1979 ozone 

standard (SDAB 1-hour area). 

During the 1980s, SDAPCD adopted a 

number of rules and prepared a number 

of nonattainment plans to address 

planning requirements under the CAA, 

as amended in 1977. CARB submitted 

these rules and plans to EPA at various 

times, and EPA approved a number of 

them into the California SIP. Among the 

rules approved by EPA as revisions to 

the California SIP as part of the ozone 

control strategy in San Diego County are 

SDAPCD Rules: 67.0 Architectural 

Coatings; 67.6.2 Vapor Degreasing 

Operations; and 69.2 Industrial and 

Commercial Boilers, Process Heaters 

and Steam Generators. 

In 1997, EPA revised the NAAQS for 

ozone, setting it at 0.08 ppm averaged 

over an 8-hour time frame (1997 ozone 

NAAQS or 1997 ozone standard). EPA 

set the 1997 ozone standard based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower ozone concentrations and over 

longer periods of time, than was 

understood when the pre-existing 1- 

hour ozone standard was set. EPA 

determined that the 1997 ozone 

standard would be more protective of 

human health, especially for children 

and adults who are active outdoors, and 

individuals with a pre-existing 

respiratory disease, such as asthma. 

In 2002, in light of monitored levels 

below the 1979 ozone standard, EPA 

determined that the SDAB 1-hour 

nonattainment area attained the 1979 

ozone standard. See 67 FR 54580 

(August 23, 2002). In 2003, EPA 

redesignated the San Diego area to 

attainment for the 1979 ozone standard. 

See 68 FR 37976 (June 26, 2003). 

In 2004, EPA designated areas of the 

country with respect to the 1997 ozone 

standard. See 69 FR 23857 (April 30, 

2004). Under EPA’s ‘‘Phase 1’’ 

implementation rule for the 1997 ozone 

standard (69 FR 23951, April 30, 2004), 

a nonattainment area was classified 

under subpart 2 based on its 8-hour 

ozone design value (i.e., the 3-year 

average annual fourth-highest daily 

maximum 8-hour average ozone 

concentration at the worst-case 

monitoring site in the area), if it had a 

1979 1-hour ozone standard design 

value 2 at the time of designation at or 

above 0.121 ppm. All other areas were 

to be implemented under subpart 1 

based on their 1997 8-hour ozone 

standard design values 3 (69 FR 23958). 

San Diego County was designated as a 

‘‘subpart 1’’ ozone nonattainment area 

(San Diego 8-hour area) by EPA on April 

30, 2004 based on air quality monitoring 

data from 2001–2003,4 (69 FR 23887, 

April 30, 2004). The designation became 

effective on June 15, 2004. 

On December 22, 2006, the U.S. Court 

of Appeals for the District of Columbia 

Circuit (D.C. Circuit) vacated EPA’s 

Phase 1 implementation rule for the 

1997 ozone standard (69 FR 23951, 

April 30, 2004). South Coast Air Quality 

Management Dist. v. EPA, 472 F.3d 882 

(D.C. Cir. 2006). On June 8, 2007, in 

response to several petitions for 

rehearing, the D.C. Circuit Court (Court) 

clarified that the Phase 1 rule was 

vacated only for those parts of the rule 

that had been successfully challenged. 

The June 8, 2007 clarification left intact 

the Court’s vacature of portions of EPA’s 

Phase 1 rule that related to 

implementing the 1997 ozone standard 

in certain nonattainment areas under 

subpart 1 in lieu of subpart 2 of Title 1 

Part D of the CAA. 

On June 15, 2007, CARB submitted 

the Eight-Hour Ozone Attainment Plan 

for San Diego County (May 2007) (‘‘2007 

8-hour attainment plan’’) to EPA as a 


srobinson on DSK4SPTVN1PROD with PROPOSALS
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5On November 26, 2012, James Goldstene, 

Executive Officer of CARB, submitted a request to 

Jared Blumenfeld, Regional Administrator, U.S. 

EPA Region IX, for parallel processing of the 

Redesignation Request and Maintenance Plan for 

the 1997 National Ozone Standard for San Diego 

County, for which CARB had scheduled for Board 

action at a December 6, 2012 public hearing. 

6The redesignation request and maintenance 

plan, titled ‘‘Redesignation Request and 

Maintenance Plan for the 1997 National Ozone 

Standard for San Diego County,’’ may be found at 

the following SDAPCD Web address: http:// 

www.sdapcd.org/planning/8_Hour_O3_MaintPlan.pdf. 

revision to the California SIP. The 2007 

8-hour attainment plan included Motor 

Vehicle Emissions Budgets (MVEBs) of 

53 and 98 tons per day (ozone season) 

for VOC and NOX, respectively, for 

2008. On May 23, 2008, EPA found the 

MVEBs in the 2007 8-hour attainment 

plan adequate for the purposes of 

transportation conformity. See 73 FR 

30098 (May 23, 2008). Since the 

effective date of EPA’s adequacy finding 

(i.e., June 9, 2008), the applicable 

metropolitan planning organization 

(MPO), i.e., San Diego Association of 

Governments, and the U.S. Department 

of Transportation, have been required to 

use these budgets in transportation 

conformity analyses for regional 

transportation plans, programs projects 

and amendments. 

On May 14, 2012, in response to the 

Court’s vacature of the provisions of the 

Phase 1 rule that allowed for 

implementation of the 1997 ozone 

standard for certain nonattainment 

areas, including San Diego County, 

solely under subpart 1, EPA classified 

the San Diego 8-hour area as a moderate 

nonattainment area for the 1997 ozone 

standard under subpart 2 of the CAA (77 

FR 28424). 

In a letter dated November 26, 2012, 

CARB requested parallel processing of 

the San Diego 8-hour maintenance plan, 

which was scheduled for adoption by 

the SDAPCD on December 5, 2012.5 On 

December 28, 2012, CARB submitted the 

San Diego 8-hour maintenance plan and 

requested that EPA redesignate the San 

Diego 8-hour area to attainment for the 

1997 ozone standard. We are proposing 

action today on CARB’s December 28, 

2012 redesignation request and 

submittal of the San Diego 8-hour 

maintenance plan. 

III. Procedural Requirements for 

Adoption and Submittal of SIP 

Revisions 

Section 110(l) of the Act requires 

States to provide reasonable notice and 

public hearing prior to adoption of SIP 

revisions. In this action, we are 

proposing action on CARB’s December 

28, 2012 submittal of the San Diego 8- 

hour maintenance plan as a revision to 

the California SIP. 

Documents in CARB’s submittal 

describe the public review process 

followed by SDAPCD in adopting the 

plan prior to transmittal to CARB for 

subsequent submittal to EPA as a 

revision to the California SIP. The 

documentation provides evidence that 

reasonable notice of a public hearing 

was provided to the public and that a 

public hearing was conducted prior to 

adoption. 

On November 2, 2012, SDAPCD 

published in the San Diego Commerce, 

a newspaper of general circulation 

within the San Diego area, an 

announcement that a public hearing 

would be held on December 5, 2012 to 

consider and approve the San Diego 8- 

hour maintenance plan. Copies of the 

plan were made available for viewing at 

SDAPCD’s offices and on their Web 

site.6 On December 5, 2012, the Air 

Pollution Control Board of San Diego 

County adopted the San Diego 8-hour 

maintenance plan at the publicly 

noticed public hearing. Following 

adoption, SDAPCD forwarded the plan 

to CARB, the Governor of California’s 

designee for SIP matters, and CARB 

then submitted the plan on December 

28, 2012 as a revision to the California 

SIP to EPA for approval. 

Based on the documentation provided 

by ARB, we find that the submittal of 

the San Diego 8-hour maintenance plan 

as a SIP revision satisfies the procedural 

requirements of section 110(l) of the Act 

for revising SIPs. 

IV. Substantive Requirements for 

Redesignation 

The CAA establishes the requirements 

for redesignation of a nonattainment 

area to attainment. Specifically, section 

107(d)(3)(E) allows for redesignation 

provided that the following criteria are 

met: (1) EPA determines that the area 

has attained the applicable NAAQS; (2) 

EPA has fully approved the applicable 

implementation plan for the area under 

section 110(k); (3) EPA determines that 

the improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP, 

applicable federal air pollution control 

regulations, and other permanent and 

enforceable reductions; (4) EPA has 

fully approved a maintenance plan for 

the area as meeting the requirements of 

CAA section 175A; and (5) the State 

containing such area has met all 

requirements applicable to the area 

under section 110 and part D of the 

CAA. Section 110 identifies a 

comprehensive list of elements that SIPs 

must include, and part D establishes the 

SIP requirements for nonattainment 

areas. Part D is divided into six 

subparts. The generally-applicable 

nonattainment SIP requirements are 

found in part D, subpart 1, and the 

ozone-specific nonattainment SIP 

requirements are found in part D, 

subpart 2. 

EPA provided guidance on 

redesignations in a document entitled, 

‘‘State Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clean Air Act Amendments 

of 1990,’’ published in the Federal 

Register on April 16, 1992 (57 FR 

13498), and supplemented on April 28, 

1992 (57 FR 18070) (referred to herein 

as the ‘‘General Preamble’’). Another 

relevant EPA guidance document 

includes ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, EPA Office of Air 

Quality Planning and Standards, 

September 4, 1992 (referred to herein as 

the ‘‘Calcagni memo’’). 

For the reasons set forth below in 

section V of this document, we propose 

to approve CARB’s request for 

redesignation of the San Diego County 

8-hour ozone nonattainment area to 

attainment for the 1997 8-hour ozone 

NAAQS based on our conclusion that 

all of the criteria under CAA section 

107(d)(3)(E) have been satisfied. 

V. Evaluation of the State’s 

Redesignation Request for the San 

Diego County 8-Hour Ozone 

Nonattainment Area 

A. Determination That the Area Has 

Attained the Applicable NAAQS 

CAA section 107(d)(3)(E)(i) requires 

that we determine that the area has 

attained the NAAQS. EPA generally 

makes the determination of whether an 

area’s air quality meets the ozone 

NAAQS based upon the most recent 

three years of complete, quality-assured 

data gathered at established State and 

Local Air Monitoring Stations (SLAMS) 

in the nonattainment area and entered 

into the EPA Air Quality System (AQS) 

database. Data from air monitors 

operated by state/local agencies in 

compliance with EPA monitoring 

requirements must be submitted to 

AQS. Heads of monitoring agencies 

annually certify that these data are 

accurate to the best of their knowledge. 

Accordingly, EPA relies primarily on 

data in AQS when determining the 

attainment status of areas. See 40 CFR 

50.10; 40 CFR part 50, appendix I; 40 

CFR part 53; 40 CFR part 58, appendices 

A, C, D and E. All data are reviewed to 


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7San Diego County’s monitoring network 

exceeded the number of required monitors 

throughout the referenced time period. 8The Kearney Villa site was not operational for 

the entire 2009–2011 time frame. It was established 

in 2010 to replace Kearny Mesa, which closed in 

February 2012. 

9 2011 Ambient Air Quality Network Plan Report, 

SDAPCD, June 30, 2012, is available at http:// 

www.sdapcd.org/air/reports/ 

2011_network_plan.pdf. 

10 In the network plan ‘‘site type’’ is referred to 

as ‘‘monitoring objective’’. 

determine the area’s air quality status in 

accordance with 40 CFR part 50, 

appendix I. 

Under EPA regulations at 40 CFR part 

50, the 1997 ozone standard is met at an 

ambient air quality monitoring site 

when the 3-year average of the annual 

fourth-highest daily maximum 8-hour 

average ozone concentration is less than 

or equal to 0.08 ppm. See 40 CFR 50.10; 

40 CFR part 50, appendix I. This 3-year 

average is referred to as the design 

value. When the design value is less 

than or equal to 0.084 ppm (based on 

the rounding convention in 40 CFR part 

50, appendix I) at each monitoring site 

within the area, then the area is meeting 

the NAAQS. The data completeness 

requirement is met when the three-year 

average percent of days with valid 

ambient monitoring data is at least 90% 

of the days during the designated ozone 

monitoring season, and no single year 

has less than 75% data completeness as 

determined in appendix I of 40 CFR part 

50. 

The SDAPCD is responsible for 

monitoring ambient air quality within 

San Diego County. SDAPCD submits 

monitoring network plan reports to EPA 

on an annual basis. These reports 

discuss the status of the air monitoring 

network, as required under 40 CFR part 

58. Beginning in 2007, EPA has 

reviewed these annual plans for 

compliance with the applicable 

reporting requirements in 40 CFR 58.10. 

With respect to ozone, we have found 

SDAPCD’s annual network plans to 

meet the applicable requirements under 

40 CFR part 58. See EPA letters to 

SDAPCD concerning SDAPCD’s annual 

network plan reports for 2010, 2011, 

and 2012 included in the docket for this 

rulemaking. Furthermore, we concluded 

in our Technical System Audit Report 

(System Audit of the Ambient 

Monitoring Program: San Diego County 

Air Pollution Control District, 

September 28–September 30, 2010, 

April 2012) that SDAPCD’s ambient air 

monitoring network currently meets or 

exceeds the requirements for the 

minimum number of monitoring sites 

designated as SLAMS for all of the 

criteria pollutants. Whereas EPA 

regulations require two ozone 

monitoring sites in this region, SDAPCD 

operated ten ozone monitors during the 

2009–2011 attainment period, 

substantially exceeding the requirement. 

Also, SDAPCD annually certifies that 

the data it submits to AQS are complete 

and quality-assured. See, e.g., Letter 

dated March 2, 2012, from Mahmood 

Hoosain, Chief of the Monitoring & 

Technical Services Division, SDAPCD, 

to Matthew Lakin, Chief Air Quality 

Analysis Office, EPA Region IX. 

SDAPCD operated ten ozone SLAMS 

monitoring sites during the 2009–2011 

period 7 within the San Diego County 

ozone nonattainment area: Alpine, 

Camp Pendleton, Chula Vista, Del Mar, 

Downtown, El Cajon, Escondido, 

Kearney Mesa, Kearny Villa 8 and Otay 

Mesa. All ten sites have monitored 

ozone concentrations on a continuous 

basis using ultraviolet absorption 

monitors. The spatial scale of most of 

SDAPCD’s ozone monitoring sites are 

‘‘neighborhood’’ and the site types (i.e., 

monitoring purpose) are ‘‘background 

level’’ or ‘‘representative 

concentration’’. The exceptions are the 

Otay Mesa site, whose spatial scale is 

‘‘micro’’ and site type is ‘‘source 

impact,’’ and the Alpine site, whose 

spatial scale is ‘‘neighborhood’’ and site 

type is ‘‘highest concentration.’’ See 

2011 Ambient Air Quality Network Plan 

Report, San Diego County Air Pollution 

Control District.9 10

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the ozone ambient air 

monitoring data for the monitoring 

period from 2009 through 2011 

collected at the monitoring sites 

discussed above, as recorded in AQS 

and summarized in table 1, and found 

that the data meet our completeness 

criteria. 

Table 1 summarizes the site-specific 

annual fourth-highest daily maximum 8- 

hour ozone concentrations and 3-year 

ozone design values for all monitoring 

sites within the San Diego County 8- 

hour ozone nonattainment area for the 

period of 2009–2011. As shown in table 

1, the design value for the 2009–2011 

period was less than 0.084 ppm at all of 

the monitors. Therefore, we are 

proposing to determine, based on the 

complete, quality-assured data for 2009– 

2011, that the San Diego County 8-hour 

ozone nonattainment area has attained 

the 1997 8-hour ozone standard. 

Because the Kearny Mesa monitoring 

site closed in February 2012, there are 

nine ozone monitors currently operating 

in the nonattainment area. Preliminary 

SLAMS data for 2012 from these 

monitors, which are summarized in 

table 2, are also consistent with 

continued attainment. 

TABLE 1—SUMMARY OF AMBIENT DATA FOR OZONE COLLECTED WITHIN SAN DIEGO COUNTY 8-HOUR OZONE

NONATTAINMENT AREA, 2009–2011 

Monitor Site code 

4th Highest value (ppm) 

2009 2010 2011 2009–2011 

design value 

Alpine ............................................................................... 06–073–1006 0.085 0.081 0.082 0.082 

Camp Pendleton .............................................................. 06–073–1008 0.071 0.064 0.067 0.067 

Chula Vista ....................................................................... 06–073–0001 0.067 0.068 0.055 0.063 

Del Mar ............................................................................ 06–073–1001 0.067 0.063 0.064 0.064 

Downtown ........................................................................ 06–073–1010 0.060 0.058 0.060 0.059 

El Cajon ........................................................................... 06–073–0003 0.071 0.073 0.070 0.071 

Escondido ........................................................................ 06–073–1002 0.074 0.075 0.068 0.072 

Kearny Mesa .................................................................... 06–073–0006 0.069 0.070 0.069 0.069 

Kearny Villa a .................................................................... 06–073–1016 ........................ ........................ 0.066 0.066 

Otay Mesa ........................................................................ 06–073–2007 0.061 0.056 0.059 0.058 

Source: AQS Preliminary Design Value Report. January 28, 2013. 

a 2011 is the first year with complete data—the 4th maximum value is provided. 


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11The applicable SIP for CARB and SDAPCD may 

be found at http://yosemite.epa.gov/r9/r9sips.nsf/ 

Casips?readform&count=100&state=California. We 

note that SIPs must be fully approved only with 

respect to applicable requirements for purposes of 

redesignation in accordance with section 

107(d)(3)(E)(ii). Thus, for example, CAA section 

110(a)(2)(D) requires that SIPs contain certain 

measures to prevent sources in a state from 

significantly contributing to air quality problems in 

another state. However, the section 110(a)(2)(D) 

requirements for a state are not linked with a 

particular nonattainment area’s designation and 

classification in that state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and classification 

are the relevant measures to evaluate in reviewing 

a redesignation request. The transport SIP submittal 

requirements, where applicable, continue to apply 

to a state regardless of the designation of any one 

particular area in the state. Thus, we do not believe 

that these requirements should be construed to be 

applicable requirements for purposes of 

redesignation. In addition, EPA believes that the 

other section 110 elements not connected with 

nonattainment plan submissions and not linked 

with an area’s attainment status are not applicable 

requirements for purposes of redesignation. The 

State will still be subject to these requirements after 

the San Diego County ozone planning area is 

redesignated. The section 110 and part D 

requirements that are linked with a particular area’s 

designation and classification are the relevant 

measures to evaluate in reviewing a redesignation 

request. 

This policy is consistent with EPA’s existing 

policy on applicability of conformity (i.e., for 

redesignations) and oxygenated fuels requirement. 

See Reading, Pennsylvania, proposed and final 

rulemakings 61 FR 53174–53176 (October 10, 1996), 

62 FR 24816 (May 7, 1997); Cleveland-AkronLorain, Ohio, final rulemaking 61 FR 20458 (May 

7, 1996); and Tampa, Florida, final rulemaking 60 

FR 62748 (December 7, 1995). See also the 

discussion of this issue in the Cincinnati 

redesignation 65 FR 37890 (June 19, 2000), in the 

Pittsburgh redesignation 66 FR 50399 (October 19, 

2001), and in the South Coast redesignation 72 FR 

6986 (February 14, 2007) and 72 FR 26718 (May 11, 

2007). Again, EPA believes that section 110 

elements not linked to the area’s nonattainment 

status are not applicable for purposes of 

redesignation. 

TABLE 2—PRELIMINARY 4TH HIGHEST DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR 2012 

Monitor Site code 4th Highest value 

(ppm) 

Alpine ............................................................................................................................................................ 06–073–1006 0.080 

Camp Pendleton ........................................................................................................................................... 06–073–1008 0.059 

Chula Vista .................................................................................................................................................... 06–073–0001 0.064 

Del Mar .......................................................................................................................................................... 06–073–1001 0.058 

Downtown ...................................................................................................................................................... 06–073–1010 0.048 

El Cajon ......................................................................................................................................................... 06–073–0003 0.067 

Escondido ...................................................................................................................................................... 06–073–1002 0.065 

Kearny Mesa ................................................................................................................................................. 06–073–0006 incomplete data b

Kearny Villa ................................................................................................................................................... 06–073–1016 0.066 

Otay Mesa ..................................................................................................................................................... 06–073–2007 0.057 

Source: Same as table 1. 

bThe Kearny Mesa site closed February 2012. 

B. The Area Must Have a Fully 

Approved SIP Meeting Requirements 

Applicable for Purposes of 

Redesignation Under Section 110 and 

Part D 

Section 107(d)(3)(E)(ii) and (v) require 

EPA to determine that the area has a 

fully approved applicable SIP under 

section 110(k) that meets all applicable 

requirements under section 110 and part 

D for the purposes of redesignation. 

1. Basic SIP Requirements Under CAA 

Section 110 

Section 110(a)(2) sets forth the general 

elements that a SIP must contain in 

order to be fully approved. EPA has 

analyzed the California SIP and 

determined that it is consistent with the 

requirements of section 110(a)(2). The 

San Diego County portion of the 

approved California SIP contains 

enforceable emission limitations; 

requires monitoring, compiling and 

analyzing of ambient air quality data; 

requires preconstruction review of new 

or modified stationary sources; provides 

for adequate funding, staff, and 

associated resources necessary to 

implement its requirements; and 

provides the necessary assurances that 

the State maintains responsibility for 

ensuring that the CAA requirements are 

satisfied in the event that San Diego 

County is unable to meet its CAA 

obligations.11

On numerous occasions, CARB has 

submitted and we have approved 

provisions addressing the basic CAA 

section 110 provisions. There are no 

outstanding or disapproved applicable 

SIP submittals with respect to the San 

Diego County portion of the SIP that 

prevent redesignation of the San Diego 

County 8-hour ozone nonattainment 

area for the 1997 8-hour ozone standard. 

Therefore, we propose to conclude that 

CARB and San Diego County have met 

all SIP requirements for San Diego 

County applicable for purposes of 

redesignation under section 110 of the 

CAA (General SIP Requirements). 

2. Part D Requirements 

a. Introduction 

The CAA contains two sets of 

provisions, subparts 1 and 2, that 

address planning and emission control 

requirements for ozone nonattainment 

areas. Both of these subparts are found 

in title I, part D of the CAA; sections 

171–179 and sections 181–185, 

respectively. Subpart 1 contains general, 

less prescriptive requirements for all 

nonattainment areas of any pollutant, 

including ozone, governed by a NAAQS. 

Subpart 2 contains additional, more 

specific requirements for ozone 

nonattainment areas classified under 

subpart 2. 

b. Subpart 1 Requirements 

The applicable subpart 1 

requirements are contained in sections 

172(c)(1)–(9) and 176 of the CAA. A 

thorough discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992). 

Since EPA is proposing here to 

determine that the San Diego area has 

attained the 1997 ozone standard, under 

40 CFR 51.918, if these determinations 

are finalized, the requirements to submit 

certain planning SIPs related to 

attainment, including attainment 

demonstration requirements (the 

reasonably available control measure 

(RACM) requirement of section 172(c)(1) 

of the CAA, the reasonable further 

progress (RFP) and attainment 

demonstration requirements of sections 

172(c)(2) and (c)(6) of the CAA, and the 

requirement for contingency measures 

for RFP and attainment in section 

172(c)(9) of the CAA, would be 

suspended for the area as long as it 

continues to attain the NAAQS and 

would cease to apply upon 

redesignation. In addition, in the 

context of redesignations, EPA has 

interpreted requirements related to 

attainment as not applicable for 

purposes of redesignation. For example, 

in the General Preamble EPA stated that: 

[t]he section 172(c)(9) requirements are 

directed at ensuring RFP and attainment by 


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the applicable date. These requirements no 

longer apply when an area has attained the 

standard and is eligible for redesignation. 

Furthermore, section 175A for maintenance 

plans * * * provides specific requirements 

for contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas. See ‘‘General 

Preamble for the Interpretation of Title I of 

the Clean Air Act Amendments of 1990, 

(General Preamble) 57 FR 13498, 13564 

(April 16, 1992). 

See also Calcagni memo (‘‘The 

requirements for reasonable further 

progress and other measures needed for 

attainment will not apply for 

redesignations because they only have 

meaning for areas not attaining the 

standard.’’). 

Each subpart 1 requirement and how 

it is addressed with respect to the San 

Diego 8-hour area is described below. 

• Implementation of all RACM, 

including, at a minimum, reasonably 

available control technology for existing 

sources and attainment of the standard 

(section 172(c)(1)). 

Section 172(c)(1) requires the plans 

for all nonattainment areas to provide 

for the implementation of all RACM as 

expeditiously as practicable and to 

provide for attainment of the primary 

NAAQS. EPA interprets this 

requirement to impose a duty on all 

nonattainment areas to consider all 

available control measures and to adopt 

and implement such measures as are 

reasonably available for implementation 

in each area as components of the area’s 

attainment demonstration. Because 

attainment has been reached, no 

additional measures are needed to 

provide for attainment, and the section 

172(c)(1) requirement is no longer 

considered to be applicable as long as 

the area continues to attain the standard 

until redesignation. See 40 CFR 51.918. 

• Reasonable further progress (section 

172(c)(2)). 

The RFP requirement under section 

172(c)(2) is defined as progress that 

must be made toward attainment. This 

requirement is not relevant for purposes 

of redesignation because the San Diego 

County area has monitored attainment 

of the ozone NAAQS. See General 

Preamble (57 FR 13564, April 16, 1992). 

See also 40 CFR 51.918. 

• A comprehensive, accurate, current 

inventory of actual emissions from all 

sources of the relevant pollutant or 

pollutants in the area (section 172(c)(3)). 

CAA section 172(c)(3) requires states 

submit a comprehensive, accurate, 

current inventory of actual VOC and 

NOX emissions for the baseline year 

from all sources within the 

nonattainment area. The inventory is to 

address actual VOC and NOX emissions 

during the ozone season, and all 

stationary (generally referring to larger 

stationary source or point sources), area 

(generally referring to smaller stationary 

and fugitive (non-smokestack) sources), 

and mobile (on-road, nonroad, 

locomotive and aircraft) sources are to 

be included in the inventory. We 

interpret the Act such that the emission 

inventory requirements of section 

172(c)(3) are satisfied by the inventory 

requirements of the maintenance plan. 

See 57 FR 13498, at 13564 (April 16, 

1992). Thus, our proposed approval of 

the San Diego 8-hour maintenance plan 

and related VOC and NOX emission 

inventories and our proposed approval 

of CARB’s redesignation request would 

satisfy the requirements of section 

172(c)(3) for the purposes of 

redesignation of the San Diego 8-hour 

area to attainment for the 1997 ozone 

NAAQS. 

• Identification and quantification of 

the emissions, if any, of any such 

pollutants which will be allowed in 

accordance with section 173(a)(1)(B) 

(i.e., new or modified stationary sources 

located in established economic 

development zones) (section 172(c)(4)). 

Section 172(c)(4) requires the 

identification and quantification of 

allowable emissions for major new and 

modified stationary sources in a zone 

identified by the Administrator, in 

consultation with the Secretary of 

Housing and Urban Development, as a 

zone where economic development 

should be targeted. We note that the 

State has not sought to exercise the 

option available under CAA section 

172(c)(4) (identification and 

quantification of certain emissions 

increases). 

• Permits for the construction and 

operation of new and modified major 

stationary sources in the nonattainment 

area (section 172(c)(5)). 

Section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. To meet the 

requirements, states must submit SIP 

revisions that meet the requirements 

under 40 CFR 51.165 (‘‘Permit 

requirements’’), and EPA regulations at 

40 CFR 51.914 extend the SIP 

requirements of 40 CFR 51.165 to areas 

designated as nonattainment for the 

1997 8-hour ozone standard. 

Under 40 CFR 51.165, states are 

required to submit SIP revisions that 

establish certain requirements for new 

or modified stationary sources in 

nonattainment areas, including 

provisions to ensure that major new 

sources or major modifications of 

existing sources of nonattainment 

pollutants incorporate the highest level 

of control, referred to as the ‘‘Lowest 

Achievable Emission Rate’’ (LAER), and 

that increases in emissions from such 

stationary sources are offset so as to 

provide for reasonable further progress 

towards attainment in the 

nonattainment area. 

The process for reviewing permit 

applications and issuing permits for 

new or modified major stationary 

sources of air pollution is referred to as 

‘‘New Source Review’’ (NSR). With 

respect to nonattainment pollutants in 

nonattainment areas, this process is 

often referred to as ‘‘nonattainment 

NSR.’’ With respect to pollutants for 

which an area is designated as 

attainment or unclassifiable, states are 

required to submit SIP revisions that 

ensure that major new stationary 

sources and major modifications of 

existing stationary sources meet the 

federal requirements for ‘‘Prevention of 

Significant Deterioration’’ (PSD), 

including application of ‘‘Best Available 

Control Technology’’ (BACT), for each 

applicable pollutant emitted in 

significant amounts, among other 

requirements. 

SDAPCD is responsible for stationary 

source emissions units, and SDAPCD 

regulations govern air pollutant permits 

issued for such units. Under the Clean 

Air Act Amendments of 1977, states 

with designated nonattainment areas 

were required to amend their NSR rules 

to impose LAER and offset requirements 

on new major sources and major 

modifications of nonattainment 

pollutants in nonattainment areas. As 

noted previously, under the 1977 Act 

Amendments, we designated the San 

Diego Air Basin as a nonattainment area 

for photochemical oxidants, later 

changed to ozone. To address the 

nonattainment NSR requirements 

arising from the 1977 Act Amendments, 

SDAPCD amended its nonattainment 

NSR rules, and CARB submitted them to 

EPA for approval as part of the 

California SIP. In 1981, we approved the 

following amended NSR rules: 20— 

Standards for Granting Applications; 

20.1—Definitions, Emission 

Calculations, Emission Offsets and 

Banking, Exemptions, and Other 

Requirements; 20.2—Standards for 

Authority to Construct—Best Available 

Air Pollution Control Technology; 

20.3—Standards for Authority to 

Construct—Air Quality Analysis; 20.4— 

Standards for Authority to Construct— 

Best Available Air Pollution Control 

Technology; 20.5—Power Plants; and 

20.6—Standards for Authority to 

Construct—Air Quality Analysis. See 46 

FR 21749 (April 14, 1981). Under these 

SIP-approved rules, LAER and offsets 


srobinson on DSK4SPTVN1PROD with PROPOSALS
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have been required for new ‘‘point 

sources’’ that cause emissions greater 

than 100 tons per year of ozone 

precursors in ozone nonattainment 

areas. 

The 1990 Clean Air Act Amendments 

retained the core nonattainment NSR 

elements of LAER and offsets but 

revised the applicability thresholds 

based on an area’s non-attainment 

classification. The San Diego 8-hour 

area is currently classified as a moderate 

ozone non-attainment area, and 

therefore the NSR applicability 

thresholds at which LAER and offsets 

are required is 100 tpy of NOX or VOC 

for new sources and 40 tpy for 

modifications made to existing major 

sources. EPA has reviewed SDAPCD’s 

existing SIP-approved NSR rules and 

determined that they meet the current 

40 CFR 51.165 requirements related to 

the application of LAER and offsets for 

areas classified as moderate for ozone. 

Thus, San Diego County has a 

nonattainment NSR program meeting 

the requirements of 40 CFR 51.165 for 

sources within the San Diego 8-hour 

area. 

SDAPCD does not currently have an 

approved PSD program. Even if EPA 

finalizes the actions in today’s proposed 

rulemaking, the federal PSD 

requirements under 40 CFR 52.21 will 

not apply to new major sources or major 

modifications to existing major sources 

of ozone precursors under SDAPCD’s 

jurisdiction until the San Diego County 

8-hour area is redesignated to 

attainment for the 2008 ozone standard. 

On April 4, 2012, SDAPCD adopted 

Rule 20.3.1 to address PSD 

requirements, and CARB submitted the 

rule to EPA on February 13, 2013 for 

inclusion in the SIP. If it is approved by 

EPA, SDAPCD will have a SIP-approved 

PSD program. 

• Enforceable emission limitations as 

may be necessary or appropriate to 

provide for attainment of such standard 

in such area by the applicable 

attainment date (section 172(c)(6)). 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the standard. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

• Compliance with section 110(a)(2) 

of the Act (section 172(c)(7)). 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, we 

believe the California SIP meets the 

requirements of section 110(a)(2) 

applicable for purposes of 

redesignation. 

• Use of equivalent modeling 

emission inventory, and planning 

procedures if approved by EPA (CAA 

section 172(c)(8)). 

The State of California has not sought 

to exercise the options available under 

CAA section 172(c)(8). 

• Contingency measures for RFP and 

attainment of the NAAQS (CAA section 

172(c)(9)). 

Because the San Diego 8-hour area has 

attained the 1997 ozone NAAQS and is 

no longer subject to an RFP 

requirement, the requirement to submit 

the section 172(c)(9) contingency 

measures is not applicable for purposes 

of redesignation. See General Preamble 

(57 FR 13564, April 16, 1992). See also 

40 CFR 51.918. 

• Interagency consultation and 

enforceability for the purposes of 

transportation conformity (CAA section 

176(c)(5) and 40 CFR 51.390). 

Under section 176(c) of the Clean Air 

Act Amendments of 1990, states are 

required to establish criteria and 

procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. Section 176(c) further 

provides that state conformity 

provisions must be consistent with 

federal conformity regulations that the 

CAA requires EPA to promulgate. EPA’s 

conformity regulations are codified at 40 

CFR part 93, subparts A (referred to 

herein as ‘‘transportation conformity’’) 

and B (referred to herein as ‘‘general 

conformity’’). Transportation conformity 

applies to transportation plans, 

programs, and projects developed, 

funded, and approved under title 23 

U.S.C. or the Federal Transit Act, and 

general conformity applies to all other 

federally-supported or funded projects. 

SIP revisions intended to address the 

conformity requirements are referred to 

herein as ‘‘conformity SIPs.’’ 

EPA believes it is reasonable to 

interpret the conformity SIP 

requirements as not applying for 

purposes of a redesignation request 

under section 107(d) because state 

conformity rules are still required after 

redesignation and federal conformity 

rules apply where state rules have not 

been approved. See Wall v. EPA, 265 F. 

3d 426 (6th Cir. 2001), upholding this 

interpretation. See also, 60 FR 62748 

(December 7, 1995). 

c. Subpart 2 Requirements 

With respect to the requirements 

associated with subpart 2, we note that, 

as discussed in more detail above, the 

San Diego 8-hour area is classified as 

moderate nonattainment for the 1997 

ozone standard under subpart 2 of part 

D of the CAA. See 77 FR 28424 (May 14, 

2012). EPA issued a final rule 

classifying the San Diego 8-hour area as 

moderate for the 1997 ozone standard, 

along with a number of other areas of 

the country (2012 ozone classification). 

States with these affected areas, 

including California, were given one 

year from the effective date of the 2012 

ozone classification to submit SIP 

revisions that applied to the areas as a 

result of their new classification. See 77 

FR 28426 and 28429 (May 14, 2012). 

The effective date of EPA’s classification 

of the San Diego 8-hour area as 

moderate for the 1997 ozone standard 

was June 13, 2012. Therefore, the 

deadline for California to submit any 

necessary SIP revisions that are now 

required for the San Diego 8-hour area, 

due to the area’s new moderate 

classification, is June 13, 2013. 

CARB has not submitted any SIP 

revisions for the San Diego 8-hour area 

in response to the area’s 2012 ozone 

classification as moderate. However, as 

EPA articulated in the 2012 ozone 

classification, EPA believes that this fact 

does not preclude redesignation based 

upon the following factors: (1) EPA’s 

longstanding policy of evaluating 

requirements in accordance with the 

requirements due at the time a 

redesignation request is submitted; and 

(2) consideration of the inequity of 

applying retroactively any requirements 

that might in the future be applied. 

First, CARB submitted the 

redesignation request on December 28, 

2012, well before the State’s June 13, 

2013 deadline to submit subpart 2 

requirements. Under EPA’s 

longstanding interpretation of section 

107(d)(3)(E) of the CAA states 

requesting redesignation to attainment 

must meet only the relevant SIP 

requirements that came due prior to the 

submittal of a complete redesignation 

request. See the Calcagni memo and 

September 17, 1993, Michael Shapiro 

Memorandum (‘‘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,’’ Memorandum 

from Michael Shapiro, Acting Assistant 

Administrator for Air and Radiation), 

and: 60 FR 12459, 12465–66 (March 7, 

1995) (Redesignation of Detroit-Ann 

Arbor, Michigan); Sierra Club v. EPA, 

375 F.3d 537 (7th Cir. 2004) (upholding 

this interpretation); and 68 FR 25418, 

25424, 25427 (May 12, 2003) 

(redesignation of St. Louis, Missouri). 

Moreover, it would be inequitable to 

retroactively apply any new SIP 

requirements that were not applicable at 

the time the request was submitted. The 

D.C. Circuit Court (Court) has 

recognized the inequity in such 


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12Emissions data reflect a ‘‘summer day,’’ as 

required by EPA policy guidance. Emissions data 

assume no emissions reductions from NSR or Title 

V permit programs. Source category-specific data 

are listed in Appendix A of the San Diego 8-hour 

maintenance plan. Emission reduction percentages 

are relative to the 2002 base year emissions totals 

of 183 tpd of VOC and 198 tpd of NOX for the entire 

SDAPCD. 

13See Figure 4–1 in the San Diego 8-hour 

maintenance plan. Additional information provided 

in personal communication (via email) from Carl 

Selnick, SDAPCD, to John Ungvarsky, USEPA, on 

January 2, 2013. 

14These rules were approved by EPA on October 

13, 2009. See 74 FR 52427. EPA intends to act in 

the coming months on SDAPCD Rules 67.0— 

Architectural Coatings (amended) and 67.11—Wood 

Products Coating Operation, for possible inclusion 

in the SIP. Documentation included in the 

submittal to EPA for these two rules indicates that 

together they have achieved approximately 1.5 tpd 

in VOC reductions. And again, these reductions 

occurred after the 2002 base year. 

retroactive rulemaking (see Sierra Club 

v. Whitman, 285 F. 3d 63 (D.C. Cir. 

2002)), in which the Court upheld a 

district court’s ruling refusing to make 

retroactive an EPA determination of 

nonattainment that was past the 

statutory due date. Such a 

determination would have resulted in 

the imposition of additional 

requirements on the area. The Court 

stated, ‘‘[a]lthough EPA failed to make 

the nonattainment determination within 

the statutory frame, Sierra Club’s 

proposed solution only makes the 

situation worse. Retroactive relief would 

likely impose large costs on the states, 

which would face fines and suits for not 

implementing air pollution prevention 

plans in 1997, even though they were 

not on notice at the time.’’ Id. at 68. 

Similarly here, it would be unfair to 

penalize the San Diego 8-hour area by 

applying to it, for purposes of 

redesignation, additional SIP 

requirements under subpart 2 that were 

not in effect or yet due at the time it 

submitted its redesignation request, or 

the time that the San Diego 8-hour area 

attained the 1997 ozone NAAQS. 

Based on the above, EPA proposes to 

find that the San Diego 8-hour area has 

a fully approved SIP meeting 

requirements applicable for purposes of 

redesignation under CAA section 110 

and title I part D. 

C. The Area Must Show the 

Improvement in Air Quality Is Due to 

Permanent and Enforceable Emissions 

Reductions 

Section 107(d)(3)(E)(iii) precludes 

redesignation of a nonattainment area to 

attainment unless EPA determines that 

the improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable federal air pollution 

control regulations and other permanent 

and enforceable regulations. Under this 

criterion, the state must be able to 

reasonably attribute the improvement in 

air quality to emissions reductions 

which are permanent and enforceable. 

Attainment resulting from temporary 

reductions in emissions rates (e.g., 

reduced production or shutdown due to 

temporary adverse economic 

conditions) or unusually favorable 

meteorology would not qualify as an air 

quality improvement due to permanent 

and enforceable emission reductions. 

Table 3 summarizes the reductions in 

ozone precursors (i.e., VOCs and NOX) 

between 2002 and 2011 sufficient to 

attain the 1997 ozone standard in the 

San Diego County 8-hour ozone 

nonattainment area (San Diego 8-hour 

area). 

TABLE 3—SAN DIEGO COUNTY 2002–2011 REDUCTIONS IN OZONE PRECURSOR EMISSIONS (TONS PER DAY, TPD) 12

Source category VOC 

2002 

VOC 

2011 

VOC 

reduction 

(percent) 

NOX

2002 

NOX

2011 

NOX

reduction 

(percent) 

Consumer Solvent Products .................... 22.5 17.9 3 ........................ ........................ ........................

On-road Motor Vehicles ........................... 63.4 35.3 15 119.9 70.9 25 

Non-road Mobile Sources ........................ 49.1 40.3 5 68.0 58.6 5 

Stationary and Area Sources ................... 48.0 49.1 0 10.1 8.1 1 

Total .................................................. 183.1 142.6 22 198.1 137.5 31 

Source: California Air Resources Board, Southern California 2012 SIP Baseline Emission Projection—Version 1.02 Planning Inventory Tool 

Web site. 

The effectiveness of the control 

measures to reduce VOC and NOX

emissions can be assessed by comparing 

emissions in 2002 (the nonattainment 

base year, for planning purposes) with 

those in 2011 (an attainment year for the 

area). The emission reductions 

presented in table 3 were calculated 

relative to the 2002 base year emissions 

inventory of 183 tpd of VOC and 198 

tpd of NOX. Between 2002 and the 2011 

attainment year VOC and NOX

emissions were reduced 22% and 31%, 

respectively. On-road motor vehicle 

control programs provided reductions of 

15% and 25% of the VOC and NOX, and 

non-road mobile sources control 

programs resulted in reductions of 5% 

from both VOC and NOX. These 

reductions were achieved despite an 

increase in population and vehicle 

miles traveled (VMT) of approximately 

7% and 9%, respectively, during the 

same time period.13

The emissions reductions between 

2002 and 2011 resulted primarily from 

EPA and CARB mobile source control 

programs. SDAPCD’s stationary source 

control programs had mostly been 

implemented and provided significant 

emissions reductions prior to 2002; 

however, SDAPCD Rules 67.6.1—Cold 

Solvent Cleaning and Stripping 

Operations and 67.6.2—Vapor 

Degreasing Operations,14 adopted in 

2007, provided an additional 1 tpd of 

VOC reductions towards attainment, 

and these reductions occurred after the 

2002 base year. 

Source categories for which CARB has 

primary responsibility for reducing 

emissions in California include most 

new and existing on- and off-road 

engines and vehicles, motor vehicle 

fuels, and consumer products. In 

addition, California has unique 

authority under CAA section 209 

(subject to being granted a waiver by 

EPA) to adopt and implement new 

emission standards for many categories 

of on-road vehicles and engines, and 

new and in-use off-road vehicles and 

engines. California has been a leader in 

the development of some of the most 

stringent control measures nationwide 

for on-road and off-road mobile sources 

and the fuels that power them. These 

measures have helped reduce VOC and 

NOX in the San Diego ozone 

nonattainment area and throughout the 

State. 

CARB has provided a summary of the 

measures adopted and implemented by 

the State. See ‘‘Air Resources Board’s 

Proposed State Strategy for California’s 

2007 State Implementation Plan,’’ 

release date: April 26, 2007 (2007 State 


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15The 2007 State Strategy can be found at: http:// 

arb.ca.gov/planning/sip/2007sip/apr07draft/ 

sipback.pdf. See page 38 for a list of actions. 

16This document, titled ‘‘Technical Support 

Document and Responses to Comments: Final Rule 

on the San Joaquin Valley 2008 PM2.5 State 

Implementation Plan,’’ dated September 30, 2011, 

can be found on the Internet in the docket for EPA’s 

final approval of the San Joaquin Valley plan to 

attain the 1997 PM2.5 NAAQS at: http:// 

www.regulations.gov/#!documentDetail;D=EPAR09-OAR-2010-0516-0175. 

17 In addition, the U.S. Secretary of State has 

accepted the designation by the International 

Maritime Organization of an Emission Control Area 

(ECA) in the waters off the North American coasts. 

Under this designation, ships are required to meet 

tighter fuel and emissions standards than would 

otherwise apply. Within the North American ECA, 

the effective date of the first-phase fuel sulfur 

standard was August 2012, and the second phase 

begins January 2015. Beginning in 2016, NOX

aftertreatment requirements become applicable. San 

Diego County will benefit from the ECA because 

ships complying with ECA standards will reduce 

their emissions of NOX, sulfur oxides, and fine 

particulate matter. Appendix B of the San Diego 8- 

hour maintenance plan does not include this 

measure. 

18See Figure 4–1, titled ‘‘San Diego County VOC 

+ NOX Emission Reductions Despite Growth,’’ on 

page 4–3 of the San Diego 8-hour maintenance plan. 

19See Figure 4–2, titled ‘‘San Diego County 

Three-Year Average Ozone Season Daily Maximum 

Temperatures,’’ on page 4–5 of the San Diego 8- 

hour maintenance plan. 

Strategy). From 1994 to 2006, the State 

took approximately 45 rulemaking 

actions which have achieved significant 

emission reductions contributing to 

attainment and continued attainment in 

the San Diego 8-hour area. See 2007 

State Strategy, p. 38.15 These measures 

include new emission standards and inuse requirements that have resulted in 

significant reductions in emissions of 

VOCs and NOX from mobile source 

categories such as passenger cars, 

trucks, buses, motorcycles, locomotives, 

cargo handling equipment, and large offroad equipment. EPA has generally 

approved all of the State’s measures that 

the State has submitted to EPA as 

revisions to the SIP and that are not 

subject to the CAA section 209 waiver 

process. See, for example, EPA’s final 

approval of the San Joaquin Valley 

PM2.5 plan at 76 FR 69896 (November 9, 

2011) and accompanying Technical 

Support Document and Responses to 

Comments.16 Since 2006, ARB has 

adopted additional measures that will 

provide further reductions in the San 

Diego 8-hour area. The 2007 State 

Strategy measures listed in table 4 

reduce emissions of VOCs and NOX and 

have been approved into the SIP or 

granted a waiver. 

TABLE 4—STATUS OF CONTROL MEASURES IN CARB’S 2007 STATE STRATEGY CONTRIBUTING TOWARDS ATTAINMENT

AND/OR CONTINUED ATTAINMENT OF THE 1997 OZONE NAAQS IN THE SAN DIEGO 8-HOUR AREA

Measure Date of adoption Current status 

Modifications to Reformulated Gasoline ............ June 14, 2007 .................................................. Approved 75 FR 26653, May 12, 2010. 

Clean Up Existing Harbor Craft ......................... November 15, 2007 .......................................... Waiver granted; 76 FR 77521, December 13, 

2011. 

Ship Auxiliary Engine Cold Ironing and Clean 

Technology.

December 6, 2007 ............................................ Waiver granted; 76 FR 77515, December 13, 

2011. 

Consumer Products Program Regulations ........ May 6, 2005; September 26, 2007; May 5, 

2009; August 6, 2010.

Approved: 74 FR 57074, November 4, 2009; 

76 FR 27613, May 12, 2011; 77 FR 7535, 

February 13, 2012. 

Smog Check Improvements .............................. August 31, 2009 ............................................... Elements approved 75 FR 38023, July 1, 

2010. 

Cleaner In-Use Heavy-Duty Trucks ................... December 16, 2010 .......................................... Approved 77 FR 20308, April 4, 2012. 

Cleaner In-Use Off-Road Equipment ................ December 17, 2010 .......................................... Waiver decision pending. 

Port Truck Modernization .................................. December 17, 2010 .......................................... Adopted December 2007 and December 

2008. 

A detailed list of the SDAPCD, CARB, 

and EPA measures, including those 

adopted and implemented prior to 2002, 

contributing to attainment and 

maintenance of the 1997 ozone standard 

can be found in Appendix B of the San 

Diego 8-hour maintenance plan.17

We note that the control measures 

cited in the San Diego 8-hour 

maintenance plan, in particular those 

for on-road and non-road sources, have 

provided emissions reductions since 

2002, and thus, the improvement in air 

quality since 2002 may reasonably be 

attributed to them. For instance, the 

federal gasoline and diesel fuel 

standards adopted in 2010 (65 FR 6698, 

February 10, 2000) have greatly lowered 

the allowable sulfur content of fuels and 

resulted in lower emissions, especially 

NOX, from cars and trucks. The State 

and federal on-road and nonroad 

vehicle and engine standards have 

contributed to improved air quality 

through the gradual, continued turnover 

and replacement of older model 

vehicles with newer model vehicles 

manufactured to meet increasingly 

stringent tailpipe emissions standards. 

With respect to the connection 

between emissions reductions and 

improvement in air quality, we also 

conclude that the air quality 

improvement since 2002 in the San 

Diego 8-hour area is not the result of a 

local economic downturn or unusual or 

extreme weather patterns. San Diego did 

not observe any anomaly over the 

period from 2002 to 2011 relative to 

long-term averages. We do recognize 

that a significant economic slowdown 

occurred nationally starting in 2008, but 

we note that the downward trend in 

VOC and NOX emissions had already 

been established before that time.18 We 

also reviewed temperature data for the 

1993–2011 period 19 and the analysis of 

this data included in the San Diego 8- 

hour maintenance plan. The data 

indicate that although the 2009–2011 

attainment period was slightly cooler 

than the long-term average, there were 

six other three-year periods since 1993 

that were at least as cool or cooler than 

the 2009–2011 period, that also had 8- 

hour design values above the 1997 

ozone NAAQS. Thus, the temperature 

records support the conclusion that 

attainment did not result from 

unusually favorable meteorology during 

2009–2011. 

We find that the improvement in air 

quality in the San Diego 8-hour area is 

the result of permanent and enforceable 

emissions reductions from a 

combination of federal vehicle and fuel 

measures and EPA-approved state and 

local control measures. As such, we 

propose to find that the criterion for 

redesignation set forth at CAA section 

107(d)(3)(E)(iii) is satisfied. 

D. The Area Must Have a Fully 

Approved Maintenance Plan Under 

CAA Section 175A 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 


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20CARB’s 2009 Almanac contains information 

about current and historical air quality and 

emissions in California. In addition, forecasted 

emissions are presented. See http://www.arb.ca.gov/ 

aqd/almanac/almanac09/almanac09.htm. 

21The CEIDARS database consists of two 

categories of information: source information (for 

further information, see: http://www.arb.ca.gov/ei/ 

drei/maintain/dbstruct.htm#source) and utility 

information (for further information, see: http:// 

www.arb.ca.gov/ei/drei/maintain/dbstruct.

htm#utility). Source information includes the basic 

inventory information generated and collected on 

all point and area sources. Utility information 

generally includes auxiliary data, which helps 

categorize and further define the source 

information. Used together, CEIDARS is capable of 

generating complex reports based on a multitude of 

category and source selection criteria. 

22For more information on emissions from the 

area-wide source category, see the CARB Web site: 

http://www.arb.ca.gov/ei/areasrc/areameth.htm. 

23See 78 FR 14533 (March 6, 2013) regarding EPA 

approval of the latest version of the California 

EMFAC model (short for EMissionFACtor) and 

announcement of its availability. The software and 

detailed information on the EMFAC vehicle 

emission model can be found on the following 

CARB Web site: http://www.arb.ca.gov/msei/ 

msei.htm. 

24SANDAG’s transportation activity modeling 

process is described in Appendix B (Air Quality 

Planning and Transportation Conformity) of the 

2050 Regional Transportation Plan, which can be 

found on the Internet at: http://www.sandag.org/ 

index.asp?projectid=349&fuseaction=projects

.detail. 

25See http://www.arb.ca.gov/msei/offroad/ 

offroad.htm. 

26Because potential changes in military activities 

do not follow socio-economic factors, SDAPCD 

obtained from the Department of the Navy, for 

inclusion in the maintenance demonstration, a 

projection of future mobile source emissions from 

potential additional military activity (beyond that 

assumed in the baseline emissions) that may occur 

during the maintenance period at Coast Guard, 

Navy, and Marine Corps facilities in San Diego 

County. See ‘‘Department of Navy Emissions 

Growth Increment Request for the San Diego Air 

Pollution Control District,’’ May 24, 2011. 

nonattainment to attainment. We 

interpret this section of the Act to 

require, in general, the following core 

elements: Attainment inventory, 

maintenance demonstration, monitoring 

network, verification of continued 

attainment, and contingency plan. See 

Calcagni memo, pages 8 through 13. 

Under CAA section 175A, a 

maintenance plan must demonstrate 

continued attainment of the applicable 

NAAQS for at least ten years after EPA 

approves a redesignation to attainment. 

Eight years after redesignation, the State 

must submit a revised maintenance plan 

that demonstrates continued attainment 

for the subsequent ten-year period 

following the initial ten-year 

maintenance period. To address the 

possibility of future NAAQS violations, 

the maintenance plan must contain such 

contingency provisions, that EPA deems 

necessary, to promptly correct any 

violation of the NAAQS that occurs after 

redesignation of the area to attainment. 

Based on our review and evaluation of 

the plan, as detailed below, we are 

proposing to approve the San Diego 

maintenance plan because we believe 

that it meets the requirements of CAA 

section 175A. 

1. Attainment Inventory 

A maintenance plan for the 1997 8- 

hour ozone standard must include an 

inventory of emissions of ozone 

precursors (VOC and NOX) in the area 

to identify a level of emissions that are 

sufficient to attain the 1997 ozone 

NAAQS. This inventory must be 

consistent with EPA’s most recent 

guidance on emissions inventories for 

nonattainment areas available at the 

time and should represent emissions 

during the time period associated with 

the monitoring data showing 

attainment. The inventory must also be 

comprehensive, including emissions 

from stationary, area, nonroad mobile, 

and on-road mobile sources, and must 

be based on actual ‘‘ozone season data’’ 

(i.e., summertime) emissions. 

SDAPCD selected year 2011 as the 

year for the attainment inventory in the 

San Diego maintenance plan. The 

attainment inventory will generally be 

the actual inventory during the time 

period the area attained the standard. 

Thus, SDAPCD’s selection of 2011 for 

the attainment inventory is acceptable. 

In addition to the 2011 attainment 

inventory, the San Diego 8-hour 

maintenance plan also includes 

emissions inventories for 2002, 2015, 

2020, and 2025. Based on our review of 

the San Diego 8-hour maintenance plan, 

we find that the emissions inventories 

in the plan are comprehensive in that 

they include estimates of VOC and NOX

emissions for 2002, 2011, 2015, 2020, 

and 2025 from 69 relevant source 

categories, which the plan groups 

among stationary, areawide, on-road 

mobile, and non-road mobile sources. 

See tables A–1 and A–2 in Appendix A 

of the San Diego 8-hour maintenance 

plan. 

The stationary source category 

includes non-mobile, fixed sources of 

air pollution. Examples of sources 

included in this category include fuel 

combustion (e.g., electric utilities), 

waste disposal (e.g., landfills), and oil 

and gas production. SDAPCD’s 2002, 

2011, 2015, 2020, and 2025 inventories 

for stationary sources were developed 

using ARB’s Southern California 2012 

SIP Baseline Emission Projection— 

Version 1.02 Planning Inventory Tool, 

which is based on methodologies in 

CARB’s California Almanac of 

Emissions and Air Quality—2009 

Edition (CARB’s 2009 Almanac).20

Information reported by emission 

sources to SDAPCD and entered into the 

California Emission Inventory 

Development and Reporting System 

(CEIDARS) database 21 was also used to 

generate actual emissions data for 

stationary sources. For areawide 

sources, CARB calculated emissions 

based on reported data for fuel usage, 

product sales, population, employment 

data, and other parameters covering a 

wide range of activities.22

The on-road mobile source category 

consists of mobile sources such as 

trucks, automobiles, buses, and 

motorcycles. The on-road emissions 

inventory estimates in the San Diego 8- 

hour maintenance plan were prepared 

by CARB using EMFAC2011, a CARB 

model for on-road motor vehicle 

emissions.23 The vehicle miles traveled 

estimates needed for input into the 

emissions model were developed by the 

San Diego Association of Governments 

(SANDAG) for the 2050 Regional 

Transportation Plan. The transportation 

modeling process used by SANDAG is 

described in Appendix B (Air Quality 

Planning and Transportation 

Conformity) of the 2050 Regional 

Transportation Plan.24

With respect to nonroad mobile 

sources, the category includes aircraft, 

trains and boats, and off-road vehicles 

and equipment used for construction, 

farming, commercial, industrial, and 

recreational activities. CARB used its 

OFFROAD2007 model to calculate the 

nonroad emissions.25 In general, 

emissions are calculated using 

equipment population, engine size and 

load, usage activity, and emission 

factors. 

Tables 5 and 6 below present the VOC 

and NOX emissions inventory estimates 

contained in the San Diego 8-hour 

maintenance plan for actual 2011 

emissions and projected 2015, 2020, and 

2025 emissions. Based on the 2011 

estimates in tables 5 and 6, mobile 

sources accounted for 53% of the VOC 

and 94% of NOX emissions within the 

San Diego 8-hour area. Stationary 

sources, consumer products, and other 

areawide sources represented 22%, 

12%, and 13% of VOC emissions, 

respectively. Stationary and areawide 

sources accounted for only 6% of the 

NOX emissions. Future emissions levels 

for 2015, 2020, and 2025 are forecasted 

by adjusting the attainment year 

emissions inventory to reflect projected 

growth in emitting activities and 

additional control of emission rates that 

will be provided by continued 

implementation of the existing federal, 

State and SDAPCD emissions control 

regulations. Growth in emitting 

activities is projected basedon 


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27See previous footnote. 

28A maintenance demonstration need not be 

based on ozone modeling. See Wall v. EPA, 375 

F.3d 537 (7th Cir. 2004). See also 66 FR 53094, at 

pages 53099–53100 (October 19, 2001), and 68 FR 

25413, pages 25430–25432 (May 12, 2003). 

forecasted growth in socio-economic 

factors such as population, employment, 

industrial production, and vehicle miles 

of travel. 

TABLE 5—2011 AND PROJECTED 2015, 2020, AND 2025 VOC EMISSIONS TOTAL DAILY EMISSIONS

[tpd, average summer weekday] 

Source category 

VOC 

2011 2015 2020 2025 

Stationary ......................................................................................................... 31.1 33.1 35.8 36.8 

Consumer Products ......................................................................................... 17.9 16.9 17.6 18.3 

Other Areawide ................................................................................................ 18.0 18.4 19.1 19.2 

On-road Motor Vehicles ................................................................................... 35.3 26.4 20.5 18.3 

Non-road Mobile .............................................................................................. 40.3 37.1 35.4 36.1 

Banked Emission Credits ................................................................................ ........................ 0.9 0.9 0.9 

Military 26 .......................................................................................................... ........................ 1.0 1.0 1.0 

Total .......................................................................................................... 142.6 133.9 130.3 130.6 

Source: Appendix A, San Diego 8-hour maintenance plan. 

TABLE 6—2011 AND PROJECTED 2015, 2020, AND 2025 NOX EMISSIONS TOTAL DAILY EMISSIONS

[tpd, average summer weekday] 

Source category 

NOX

2011 2015 2020 2025 

Stationary ......................................................................................................... 6.3 5.6 5.5 5.6 

Areawide .......................................................................................................... 1.7 1.8 1.9 2.0 

On-road Motor Vehicles ................................................................................... 70.9 52.5 35.9 27.6 

Non-road Mobile .............................................................................................. 58.6 54.9 50.4 47.5 

Banked Emission Credits ................................................................................ ........................ 0.7 0.7 0.7 

Military 27 .......................................................................................................... ........................ 4.4 4.4 4.4 

Total .......................................................................................................... 137.5 119.9 98.9 87.8 

Source: Appendix A, San Diego 8-hour maintenance plan. 

Based on our review of the emissions 

inventories (and related documentation) 

from the San Diego 8-hour maintenance 

plan, we find that the 2011 attainment 

year emissions inventory is 

comprehensive, that the methods and 

assumptions used by SDAPCD and 

CARB to develop the inventory are 

reasonable, and that the inventory 

reasonably estimates actual ozone 

season emissions in the 2011 attainment 

year. Moreover, we find that the 2011 

emissions inventory reflects the latest 

planning assumptions and emissions 

models available at the time the plan 

was developed, and provides a 

comprehensive and reasonably accurate 

basis upon which to forecast ozone 

precursor emissions for years 2015, 

2020 and 2025. 

2. Maintenance Demonstration 

CAA section 175A(a) requires that the 

maintenance plan ‘‘provide for the 

maintenance of the national primary 

ambient air quality standard for such air 

pollutant in the area concerned for at 

least 10 years after the redesignation.’’ 

Generally, a state may demonstrate 

maintenance of the 1997 ozone standard 

by either showing that future emissions 

will not exceed the level of the 

attainment year inventory or by 

modeling to show that the future mix of 

sources and emissions rates will not 

cause a violation of the NAAQS. For 

areas that are required under the Act to 

submit modeled attainment 

demonstrations, the maintenance 

demonstration should use the same type 

of modeling. See Calcagni memo, page 

9. The San Diego 8-hour area was not 

required to submit a modeled 

attainment demonstration, and thus, the 

San Diego 8-hour maintenance plan may 

demonstrate maintenance based on a 

comparison of existing and future 

emissions of ozone precursors.28

In addition to accounting for areawide growth trends, SDAPCD included 

a growth increment for potential future 

military projects that may become 

operational during the maintenance 

period at Coast Guard, Navy, or Marine 

Corps facilities in the San Diego 8-hour 

area. SDAPCD also added to the 

maintenance-year inventory banked 

emissions reduction credits (ERCs) of 

0.9 tpd of VOCs and 0.7 tpd of NOX

from stationary sources in the event that 

the ERCs are used for the purpose of 

issuing permits for new or modified 

stationary sources in the San Diego 8- 

hour area. We have reviewed the 

methods and assumptions, as described 

in connection with the attainment year 

inventory, that SDAPCD and CARB used 

to project emissions to 2015, 2020, and 

2025 for the various source categories 

and find the methods and assumptions 

to be reasonable. 

Tables 5 and 6 compare the VOC and 

NOX emissions estimated for the San 

Diego 8-hour area for the 2011 

attainment year with the 2015 and 2020 

interim years, and 2025 maintenance 

year. By 2025, San Diego County ozone 

precursor emissions are projected to 

decrease by 12.1 tons per day (8%) for 

VOC and 49.7 tons per day (36%) for 

NOX relative to the 2011 attainment year 

inventory. The projected VOC and NOX

emissions show that VOC and NOX

emissions would remain well below the 

attainment year levels through 2025 and 

thereby adequately demonstrate 


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29Although the San Diego 8-hour maintenance 

plan is not explicit in this regard, we presume that 

SDAPCD’s intention to continue operation of a 

monitoring network means that the agency intends 

to do so consistent with EPA’s monitoring 

requirements in 40 CFR part 58 (‘‘Ambient Air 

Quality Surveillance’’). 

30On January 9, 2013, EPA approved CARB’s 

request for a waiver of preemption under section 

209(b) for its ACC regulations. See 78 FR 2112. 

31See page 5–5 of San Diego 8-hour maintenance 

plan. 

maintenance through at least a 10-year 

period. 

3. Monitoring Network 

Continued ambient monitoring of an 

area is generally required over the 

maintenance period. As discussed in 

section V.A of this document, ozone is 

currently monitored by SDAPCD at nine 

sites within the San Diego 8-hour area. 

SDAPCD also commits to continue 

operating the ambient ozone monitoring 

network, quality assuring the resulting 

monitoring data, and entering all data 

into the AQS in accordance with federal 

requirements and guidelines to verify 

continued attainment of the 1997 8-hour 

ozone NAAQS.29 See page 5–5 of the 

San Diego 8-hour maintenance plan. We 

find SDAPCD’s commitment for 

continued ambient ozone monitoring as 

set forth in its San Diego 8-hour 

maintenance plan to be acceptable. 

4. Verification of Continued Attainment 

CARB and SDAPCD have the legal 

authority to implement and enforce the 

requirements of the San Diego 8-hour 

maintenance plan. This includes the 

authority to adopt, implement and 

enforce any emission control 

contingency measures determined to be 

necessary to correct violations of the 

1997 ozone standard. To verify 

continued attainment, SDAPCD 

commits to the continued operation of 

an ozone monitoring network in 

accordance with federal requirements 

and guidelines to verify continued 

attainment of the 1997 ozone standard. 

SDAPCD also commits to annually 

reviewing ozone monitoring data from 

the three most recent, consecutive years 

to verify continued attainment of the 

1997 ozone standard through the 

maintenance period. 

In addition, the transportation 

conformity process, which requires a 

comparison of on-road motor vehicle 

emissions that would occur under new 

or amended regional transportation 

plans and programs with the MVEBs in 

the San Diego 8-hour maintenance plan, 

represents another means by which to 

verify continued attainment of the 1997 

ozone standard in the San Diego 8-hour 

area. This alternate means of verifying 

continued attainment during the 

maintenance period is especially 

relevant for the San Diego 8-hour area, 

given the importance of motor vehicle 

emissions to the overall emissions 

inventories of ozone precursors in the 

area. It is important to note also that 

conformity applies to an area during its 

entire maintenance period. See page 5– 

3 of the San Diego 8-hour maintenance 

plan. 

Lastly, while not cited in the San 

Diego 8-hour maintenance plan, CARB 

and SDAPCD must inventory emissions 

sources and report to EPA on a periodic 

basis under 40 CFR part 51, subpart A 

(‘‘Air Emissions Reporting 

Requirements’’). These emissions 

inventory updates will provide a third 

means with which to track emissions in 

the area relative to those projected in 

the maintenance plan and thereby verify 

continued attainment of the 1997 ozone 

standard. These methods are sufficient 

for the purpose of verifying continued 

attainment. 

5. Contingency Provisions 

Section 175A(d) of the Act requires 

that maintenance plans include 

contingency provisions, as EPA deems 

necessary, to promptly correct any 

violations of the NAAQS that occur after 

redesignation of the area to attainment. 

Such provisions must include a 

requirement that the state will 

implement all measures with respect to 

the control of the air pollutant 

concerned which were contained in the 

SIP for the area before redesignation of 

the area as an attainment area. 

Under section 175A(d), contingency 

measures identified in the contingency 

plan do not have to be fully adopted at 

the time of redesignation. However, the 

contingency plan is considered to be an 

enforceable part of the SIP and should 

ensure that the contingency measures 

are adopted expeditiously once they are 

triggered by a specified event. The 

maintenance plan should clearly 

identify the measures to be adopted, a 

schedule and procedure for adoption 

and implementation, and a specific 

timeline for action by the state. As a 

necessary part of the plan, the state 

should also identify specific indicators 

or triggers, which will be used to 

determine when the contingency 

measures need to be implemented. 

As required by section 175A of the 

CAA, SDAPCD has adopted a 

contingency plan to address possible 

future ozone air quality problems. See 

section 5.7 of the San Diego 8-hour 

maintenance plan. SDAPCD commits to 

annually review ozone monitoring data 

from the three most recent, consecutive 

years to verify continued attainment of 

the 1997 ozone standard through the 

maintenance period. 

California’s on-going emissions 

control program includes several 

recently adopted CARB mobile source 

control regulations (collectively referred 

to as California’s Advanced Clean Cars 

Program) that will be implemented and 

achieve additional reductions in the San 

Diego 8-hour area during the 

maintenance period regardless of 

monitored ozone levels. The Advanced 

Clean Cars Program (ACCP), adopted on 

January 27, 2012,30 will progressively 

tighten emissions control requirements 

for motor vehicles through model year 

2025, and thus will provide additional 

emissions reductions over and above 

those needed for attainment and beyond 

those that are relied on to demonstrate 

maintenance in the San Diego 8-hour 

maintenance plan. The ACCP was not 

reflected in EMFAC2011, and the 

emissions inventories used for the 

maintenance demonstration in the San 

Diego 8-hour maintenance plan are 

based on EMFAC2011.31 Therefore, the 

emission reductions from the ACCP are 

surplus to the maintenance 

demonstration, and thus the ACCP is 

eligible as a contingency measure. 

The ACCP will provide continuing 

emissions reductions through the 

maintenance period and provide 

adequate additional reductions to 

address the CAA’s contingency 

requirements. By 2025, the existing 

control program, not including CARB’s 

ACCP adopted in 2012, is projected to 

reduce ozone precursor emissions in the 

San Diego 8-hour area by 20 tpd (14%) 

for VOC, and 52 tpd (39%) for NOX, 

below the 2011 attainment year 

emissions levels. Therefore, if new 

violations were to occur during the 

maintenance period, sufficient 

continuing emissions reductions are 

projected to ensure any violation will be 

quickly corrected and then provide for 

continued maintenance of the 1997 

ozone NAAQS in the San Diego 8-hour 

area through the maintenance period. In 

a March 6, 2013 letter to EPA, SDAPCD 

clarified information in the San Diego 8- 

hour maintenance plan by stating the 

ACCP is the initial contingency measure 

for promptly correcting a violation. If 

after implementation of the ACCP a 

subsequent violation occurs, SDAPCD 

commits to work with EPA and CARB 

to adopt and implement additional 

contingency measure(s), as deemed 

necessary, as soon as possible but no 

later than 12 months after the date of the 

second violation. 

Upon our review of the plan and the 

March 6, 2013 clarification, as 

summarized above, we find that the 


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32See http://www.sandag.org/uploads/2050RTP/ 

F2050rtp_all.pdf. 

33See March 11, 2013 letter from Deborah Jordan, 

Director, Air Division, USEPA Region 9, to James 

Goldstene, Executive Officer, CARB. A notice of 

adequacy will also be published in the Federal 

Register to notify the public that the Agency has 

found that the MVEBs for ozone for the years 2020 

and 2025 are adequate for transportation conformity 

purposes. 

34See March 11, 2013 letter in footnote 33 and 

enclosure titled, ‘‘Transportation Conformity 

Adequacy Review,’’ for Motor Vehicle Emission 

Budgets in San Diego 8-hour maintenance plan. 

35The Federal Register notice announcing the 

notice of adequacy will be in the docket for this 

contingency provisions of the San Diego 

8-hour maintenance plan identify 

specific contingency measures, contain 

tracking and triggering mechanisms to 

determine when contingency measures 

are needed, contain a description of the 

process of recommending and 

implementing contingency measures, 

and contain specific timelines for 

action. Thus, we conclude that the 

contingency provisions of the San Diego 

8-hour maintenance plan are adequate 

to ensure prompt correction of a 

violation and therefore comply with 

section 175A(d) of the Act. 

6. Subsequent Maintenance Plan 

Revisions 

CAA section 175A(b) provides that 

states shall submit a SIP revision eight 

years after redesignation providing for 

maintaining the NAAQS for an 

additional ten years. In the San Diego 8- 

hour maintenance plan, SDAPCD 

commits to prepare and submit a 

revised maintenance plan eight years 

after redesignation to attainment. See 

pages 5–6 of the San Diego 8-hour 

maintenance plan. 

7. Motor Vehicle Emissions Budgets 

Transportation conformity is required 

by section 176(c) of the CAA. Our 

transportation conformity rule (codified 

in 40 CFR part 93, subpart A) requires 

that transportation plans, programs, and 

projects conform to SIPs and establishes 

the criteria and procedures for 

determining whether or not they do so. 

Conformity to the SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards or delay 

any required interim milestones. 

Ozone maintenance plan submittals 

must specify the maximum emissions of 

transportation-related VOC and NOX

emissions allowed in the last year of the 

maintenance period, i.e., the motor 

vehicle emissions budgets (MVEBs). 

(MVEBs may also be specified for 

additional years during the maintenance 

period.) The MVEBs serve as a ceiling 

on emissions that would result from an 

area’s planned transportation system. 

The MVEB concept is further explained 

in the preamble to the November 24, 

1993, transportation conformity rule (58 

FR 62188). The preamble describes how 

to establish MVEBs in the SIP and how 

to revise the MVEBs if needed. 

A maintenance plan submittal must 

also demonstrate that these emissions 

levels, when considered with emissions 

from all other sources, are consistent 

with maintenance of the NAAQS. In 

order for us to find these emissions 

levels or ‘‘budgets’’ adequate and 

approvable, the submittal must meet the 

conformity adequacy provisions of 40 

CFR 93.118(e)(4) and (5). For more 

information on the transportation 

conformity requirements and applicable 

policies on MVEBs, please visit our 

transportation conformity Web site at: 

http://www.epa.gov/otaq/ 

stateresources/transconf/index.htm. 

EPA’s process for determining 

adequacy of a MVEB consists of three 

basic steps: (1) Providing public 

notification of a SIP submission; (2) 

providing the public the opportunity to 

comment on the MVEB during a public 

comment period; and, (3) making a 

finding of adequacy or inadequacy. The 

process for determining the adequacy of 

a submitted MVEB is codified at 40 CFR 

93.118. 

The San Diego 8-hour maintenance 

plan contains new VOC and NOX

MVEBs for 2020 and 2025 as shown in 

table 7. The MVEBs are the projected 

on-road mobile source VOC and NOX

emissions for the San Diego 8-hour area 

for 2020 and 2025. They include a small 

safety margin created by rounding up 

the projected on-road mobile source 

emissions to the next whole number and 

adding two tons per day. The MVEBs 

are compatible with the 2020 and 2025 

on-road mobile source VOC and NOX

emissions included in the San Diego 8- 

hour maintenance plan’s 2020 and 2025 

VOC and NOX emission inventories, as 

summarized above in tables 5 and 6. 

The conformity rule allows for a safety 

margin, and even with the small safety 

margin added to the on-road emissions, 

the overall emissions in the San Diego 

8-hour area are consistent with 

continued maintenance of the 1997 

ozone standard. The derivation of the 

MVEBs is discussed in section 5.3 of the 

San Diego 8-hour maintenance plan. 

The MVEBs incorporate: (1) On-road 

motor vehicle emission inventory 

factors of EMFAC2011; and (2) updated 

recent vehicle activity data from 

SANDAG generated using TransCAD 

5.0, ArcInfo, and other information 

sources as described in Appendix B of 

the 2050 Regional Transportation Plan 

(October, 2011).32

TABLE 7—MOTOR VEHICLE EMISSIONS

BUDGETS IN THE SAN DIEGO 8- 

HOUR MAINTENANCE PLAN

Budget 

year 

VOC (tpd, average summer 

weekday) 

NOX (tpd, average summer 

weekday) 

2020 .. 23 38 

TABLE 7—MOTOR VEHICLE EMISSIONS

BUDGETS IN THE SAN DIEGO 8- 

HOUR MAINTENANCE PLAN—Continued 

Budget 

year 

VOC (tpd, average summer 

weekday) 

NOX (tpd, average summer 

weekday) 

2025 .. 21 30 

Source: Table 5–3 on page 5–4 of the San 

Diego 8-hour maintenance plan. 

The availability of the SIP submission 

with MVEBs was announced for public 

comment on EPA’s Adequacy Web site 

on December 20, 2012, at: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm, which provided 

a 30-day public comment period. The 

comment period for this notification 

ended on January 22, 2013, and EPA 

received no comments from the public. 

On March 11, 2013, EPA determined the 

2020 and 2025 MVEBs were adequate.33

The new MVEBs will be effective 15 

days after a notice of adequacy is 

published in the Federal Register. After 

the effective date the new MVEBs must 

be used in future transportation 

conformity determinations for the San 

Diego 8-hour area. 

EPA proposes to approve 2020 and 

2025 MVEBs in the San Diego 8-hour 

maintenance plan for transportation 

conformity purposes in the final 

rulemaking on CARB’s redesignation 

request for the San Diego 8-hour area. 

EPA has determined through its 

thorough review of the submitted 

maintenance plan that the MVEB 

emission targets are consistent with 

emission control measures in the SIP 

and that the San Diego 8-hour area can 

maintain attainment of the 1997 ozone 

NAAQS. The details of EPA’s evaluation 

of the MVEBs for compliance with the 

budget adequacy criteria of 40 CFR 

93.118(e) are provided in a separate 

adequacy letter 34 included in the 

docket of this rulemaking. As indicated 

above, the MVEBs must be used in any 

conformity determination made after the 

adequacy finding on the budgets is 

effective, which will be 15 days after the 

notice of adequacy is published in the 

Federal Register.35


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 57 / Monday, March 25, 2013 / Proposed Rules 17915 

rulemaking and on EPA adequacy web page: http:// 

www.epa.gov/otaq/stateresources/transconf/ 

reg9sips.htm#ca. 

VI. Proposed Action and Request for 

Public Comment 

Under CAA section 110(k)(3), and for 

the reasons set forth above, EPA is 

proposing to approve CARB’s submittal 

dated December 28, 2012 of the 

Redesignation Request and 

Maintenance Plan for the 1997 National 

Ozone Standard for San Diego County 

(December 2012) as a revision to the 

California state implementation plan 

(SIP). In connection with the San Diego 

8-hour maintenance plan, EPA finds 

that the maintenance demonstration 

showing how the area will continue to 

attain the 1997 8-hour ozone NAAQS 

for 10 years beyond redesignation (i.e., 

through 2025) and the contingency 

provisions describing the actions that 

SDAPCD and CARB will take in the 

event of a future monitored violation 

meet all applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. EPA is also proposing to approve 

the motor vehicle emissions budgets 

(MVEBs) in the San Diego 8-hour 

maintenance plan (shown in table 7 of 

this document) because we find they 

meet the applicable transportation 

conformity requirements under 40 CFR 

93.118(e). 

Second, under CAA section 

107(d)(3)(D), we are proposing to 

approve CARB’s request, which 

accompanied the submittal of the 

maintenance plan, to redesignate the 

San Diego County 8-hour ozone 

nonattainment area to attainment for the 

1997 8-hour ozone NAAQS. We are 

doing so based on our conclusion that 

the area has met the five criteria for 

redesignation under CAA section 

107(d)(3)(E). Our conclusion in this 

regard is in turn based on our proposed 

determination that the area has attained 

the 1997 ozone NAAQS, that relevant 

portions of the California SIP are fully 

approved, that the improvement in air 

quality is due to permanent and 

enforceable reductions in emissions, 

that California has met all requirements 

applicable to the San Diego 8-hour area 

with respect to section 110 and part D 

of the CAA, and based on our proposed 

approval as part of this action of the San 

Diego 8-hour maintenance plan. 

EPA is soliciting public comments on 

the issues discussed in this document or 

on other relevant matters. We will 

accept comments from the public on 

this proposal for the next 30 days. We 

will consider these comments before 

taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely propose to approve a 

State plan and redesignation request as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those by State law. For these 

reasons, these proposed actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the State, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

Nonetheless, in accordance with EPA’s 

2011 Policy on Consultation and 

Coordination with Tribes, EPA has 

notified Tribes located within the San 

Diego County 8-hour ozone 

nonattainment. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 14, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–06767 Filed 3–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL–9793–7] 

EPA Responses to State and Tribal 

2010 Sulfur Dioxide Designation 

Recommendations: Notice of 

Availability and Public Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of reopening of public 

comment period. 

SUMMARY: The EPA is announcing the 

reopening of the public comment period 

for the EPA’s responses to state and 

tribal designation recommendations for 

the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard. The EPA 

sent the responses directly to the states 

and tribes on or about February 7, 2013. 

On February 15, 2013, the EPA 

published a notice of availability in the 


srobinson on DSK4SPTVN1PROD with PROPOSALS