```

[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14404-14410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05527]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0599; FRL-9906-92-Region-9]

Approval and Promulgation of Implementation Plans; California San 
Francisco Bay Area and Chico Nonattainment Areas; Fine Particulate 
Matter Emissions Inventories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the California State 
Implementation Plan (SIP) concerning emissions inventories for the 2006 
24-hour fine particle National Ambient Air Quality Standard (NAAQS) for 
the San Francisco Bay Area and Chico PM2.5 nonattainment 
areas. We are approving these emissions inventories under the Clean Air 
Act (CAA or the Act).

DATES: This rule is effective on May 13, 2014 without further notice, 
unless EPA receives adverse comments by April 14, 2014. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0599, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at 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 www.regulations.gov or email. 
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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available

[[Page 14405]]

electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 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: Nancy Levin, EPA Region IX, (415) 972-
3848, levin.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. Background
    A. PM2.5 NAAQS
    B. Designation of PM2.5 Nonattainment Areas
    C. Submittal Requirements for PM2.5 Nonattainment 
Areas
II. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
    A. Submittal for the San Francisco Bay Area Nonattainment Area
    B. Submittal for the Chico Nonattainment Area
III. Analysis of State's Submittals
    A. San Francisco Bay Area Emissions Inventory
    B. Chico Emissions Inventory
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

A. PM2.5 NAAQS

    Under section 109 of the CAA, EPA establishes national ambient air 
quality standards (NAAQS or ``standards'') for certain pervasive air 
pollutants (referred to as ``criteria pollutants'') and conducts 
periodic reviews of the NAAQS to determine whether they should be 
revised or whether new NAAQS should be established.
    On July 18, 1997, EPA revised the NAAQS for particulate matter to 
add new standards for fine particles, using PM2.5 (particles 
less than or equal to 2.5 micrometers in diameter) as the indicator for 
the pollutant. EPA established primary and secondary \1\ annual and 24-
hour standards for PM2.5 (62 FR 38652). The annual standard 
was set at 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-
year average of annual mean PM2.5 concentrations, and the 
24-hour standard was set at 65 [mu]g/m\3\, based on the 3-year average 
of the 98th percentile of 24-hour PM2.5 concentrations at 
each population-oriented monitor within an area.
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    \1\ For a given air pollutant, ``primary'' national ambient air 
quality standards are those determined by EPA as requisite to 
protect the public health, and ``secondary'' standards are those 
determined by EPA as requisite to protect the public welfare from 
any known or anticipated adverse effects associated with the 
presence of such air pollutant in the ambient air. See CAA section 
109(b).
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    On October 17, 2006 (71 FR 61144), EPA revised the level of the 24-
hour PM2.5 NAAQS to 35 [mu]g/m\3\, based on a 3-year average 
of the 98th percentile of 24-hour concentrations. EPA also retained the 
1997 annual PM2.5 standard at 15.0 [mu]g/m\3\ based on a 3-
year average of annual mean PM2.5 concentrations, but with 
tighter constraints on the spatial averaging criteria.

B. Designation of PM2.5 Nonattainment Areas

    Effective December 14, 2009, EPA established the initial air 
quality designations for most areas in the United States for the 2006 
24-hour PM2.5 NAAQS. See 74 FR 58688 (November 13, 2009). 
Among the various areas designated in 2009, EPA designated the San 
Francisco Bay Area and the Chico area in California as nonattainment 
for the 2006 24-hour PM2.5 NAAQS.2 3 The 
boundaries for these areas are described in 40 CFR 81.305.
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    \2\ The San Francisco Bay Area PM2.5 nonattainment 
area includes southern Sonoma, Napa, Marin, Contra Costa, San 
Francisco, Alameda, San Mateo, Santa Clara and the western part of 
Solano counties.
    \3\ The Chico PM2.5 nonattainment area includes the 
southwestern two-thirds of Butte County, California. Butte County 
lies in the central portion of northern California's Sacramento 
Valley Air Basin, which stretches from Sacramento County in the 
south to Shasta County in the north.
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C. Submittal Requirements for PM2.5 Nonattainment Areas

    Section 172(c)(3) of the CAA requires a state with an area 
designated as nonattainment to submit for EPA approval a comprehensive, 
accurate, and current inventory of actual emissions for the 
nonattainment area. EPA's requirements for an emissions inventory for 
the PM2.5 NAAQS are set forth in 40 CFR 
51.1008.4 5 This direct final approval is limited to the 
emissions inventories for direct PM2.5 and PM2.5 
precursors submitted by the California Air Resources Board (CARB) for 
the San Francisco Bay Area and Chico nonattainment areas as required 
under section 172(c)(3) of the CAA as applicable to the 2006 
PM2.5 24-hour NAAQS.
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    \4\ 40 CFR 51.1008 (a)(2) and (b) do not apply for the Bay Area 
or Chico because they relate to requirements for attainment 
demonstrations and reasonable further progress (RFP), which were 
suspended for both the Bay Area (78 FR 1760) and Chico (78 FR 55225) 
PM2.5 nonattainment areas on January 9, 2013 and 
September 10, 2013, respectively.
    \5\ Although the U.S. Court of Appeals for the District of 
Columbia (DC Circuit) recently remanded this rule and directed EPA 
to re-promulgate it pursuant to subpart 4 of part D, title I of the 
CAA (see Natural Resources Defense Council v. EPA, 706 F.2d 428 
(D.C. Cir. 2013)), the court's ruling in this case does not affect 
EPA's action on these emission inventories. Subpart 4 of part D, 
title I of the Act contains no specific provision governing emission 
inventories for PM10 or PM2.5 nonattainment 
areas that supersedes the general emission inventory requirement for 
all nonattainment areas in CAA section 172(c)(3). See ``State 
Implementation Plans; General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990,'' 57 FR 13498, 
13539 (April 16, 1992).
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    On January 9, 2013 (78 FR 1760), EPA finalized a determination that 
the San Francisco Bay Area nonattainment area had attained the 2006 24-
hour PM2.5 NAAQS. On September 10, 2013 (78 FR 55225), EPA 
finalized a determination that the Chico nonattainment area had also 
attained the 2006 24-hour PM2.5 NAAQS. These determinations 
of attainment were based upon complete, quality-assured, and certified 
ambient air monitoring data showing that each area had monitored 
attainment of the 2006 24-hour PM2.5 NAAQS based on the 
most-recent three years of monitoring data. Based on these 
determinations, the requirements for each area to submit an attainment 
demonstration, together with reasonably available control measures, a 
reasonable further progress (RFP) plan, and contingency measures for 
failure to meet RFP and attainment deadlines, are suspended for so long 
as the area continues to attain the 2006 24-hour PM2.5 
NAAQS. The emissions inventory submittal requirement in CAA section 
172(c)(3) is not suspended by the determination of attainment, and the 
State has submitted the Chico and San Francisco Bay Area inventories to 
address the section 172(c)(3) requirement.

II. Procedural Requirements for Adoption and Submittal of SIP Revisions

    Sections 110(a)(1) and 110(l) of the Act require states to provide 
reasonable notice and public hearing prior to adoption of SIP 
revisions. Section 110(k)(1)(B) requires EPA to determine whether a SIP 
submittal is complete within 60 days of receipt. Any plan that we have 
not affirmatively determined to be complete or incomplete will become 
complete six months after the day of submittal by operation of law. A 
finding of completeness does not approve the submittal as part of the 
SIP nor does it indicate that the submittal is approvable. It does 
start a 12-month

[[Page 14406]]

clock for EPA to act on the SIP submittal. See CAA section 110(k)(2).

A. Submittal for the San Francisco Bay Area Nonattainment Area

    In this action, we are approving, as a revision to the California 
SIP, CARB's January 14, 2013 submittal of the 2010 PM2.5 
Emissions Inventory for the San Francisco Bay Area (Bay Area emissions 
inventory).\6\ CARB's submittal to EPA documents the public review 
process followed by San Francisco Bay Area Air Quality Management 
District (BAAQMD) and CARB in adopting the Bay Area emissions inventory 
prior to submittal to EPA as a revision to the 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. CARB's submittal documents the adoption of the Bay Area 
emissions inventory by the BAAQMD Board of Directors on November 7, 
2012. The submittal also documents CARB's December 6, 2012 Board 
resolution approving the Bay Area emissions inventory.\7\ On January 
14, 2013, CARB submitted the Bay Area emissions inventory to EPA for 
approval as a revision to the California SIP.
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    \6\ CARB adopted the 2010 PM2.5 Emission Inventory 
for the Bay Area in 2012 and refers to the submittal as the ``2012 
PM2.5 Emission Inventory to the State Implementation Plan 
for the San Francisco Bay Area.'' However, the actual inventory in 
the 2012 CARB submittal (Appendix D) is titled, ``Bay Area Winter 
Emissions Inventory for Primary PM2.5 & PM Precursors: 
Year 2010.'' For purposes of this action, any reference to the 2012 
PM2.5 Emissons Inventory is equivalent to the Bay Area 
2010 winter-time PM2.5 emission inventory.
    \7\ CARB Resolution 12-37, December 6, 2012.
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    CARB's January 14, 2013 submittal of the Bay Area emissions 
inventory became complete by operation of law on July 14, 2013.
    Based on the documentation included in CARB's submittal, we find 
that the submittal of the Bay Area emissions inventory, as a SIP 
revision, satisfies the procedural requirements of sections 110(l) of 
the Act for revising SIPs. For further details, please see EPA's 
December 20, 2013 Technical Support Document (TSD) for the Bay Area 
emissions inventory.

B. Submittal for Chico Nonattainment Area

    In this action, we are also approving, as a revision to the 
California SIP, CARB's November 15, 2012 submittal of a 2011 
PM2.5 emissions inventory for the Chico PM2.5 
nonattainment area (Chico emissions inventory).\8\ CARB's submittal 
documents the public review process followed by Butte County Air 
Quality Management District (BCAQMD) and CARB in adopting the Chico 
emissions inventory prior to submittal to EPA. 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. CARB's submittal documents the adoption of the emissions 
inventory by the BCAQMD Board of Directors. On September 27, 2012, the 
BCAQMD Board of Directors approved the emissions inventory and directed 
BCAQMD staff to forward the Chico emissions inventory to CARB, the 
Governor of California's designee for SIP matters.\9\ CARB's submittal 
also documents its October 18, 2012 Board resolution regarding the 
Chico emissions inventory.\10\
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    \8\ CARB adopted the 2011 PM2.5 Emission Inventory 
for the Chico nonattainment area in 2012 and refers to it as the 
``2012 PM2.5 Emission Inventory Submittal to the State 
Implementation Plan for the Chico, CA/Butte County (partial) 
Planning Area.'' However, the actual inventory in the CARB submittal 
(Appendix D) is titled ``Chico Nonattainment Area (Partial Butte 
County) 2011 Daily Winter-Time Emissions Inventory (Base Year 2005-
Grown and Controlled in Tons Per Day).'' For purposes of this 
action, any reference to the 2012 PM2.5 Emissions 
Inventory is equivalent to the Chnico 2011 winter-time 
PM2.5 emission inventory.
    \9\ BCAQMD Revised Resolution No. 2012-12, September 27, 2012.
    \10\ CARB Resolution 12-31, October 18, 2012.
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    CARB's November 15, 2012 submittal of the Chico emissions inventory 
became complete by operation of law on May 15, 2013.
    Based on the documentation included in CARB's submittal, we find 
that the submittal of the Chico emissions inventory as a SIP revision 
satisfies the procedural requirements of sections 110(l) of the Act for 
revising SIPs. For further details, please see EPA's December 20, 2013 
TSD for the Chico emissions inventory.

III. Analysis of State's Submittals

    Section 172(c)(3) of the CAA requires states to submit a 
comprehensive, accurate, and current inventory of actual emissions for 
each nonattainment area. EPA's requirements for an emissions inventory 
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008. For the 
PM2.5 NAAQS, the pollutants to be inventoried are 
PM2.5, VOC, NOX, SO2, and 
NH3.\11\
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    \11\ Emissions Inventory Guidance for Implementation of Ozone 
and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations, EPA-454/R-05-001, August 
2005, updated November 2005. http:[sol][sol]www.epa.gov/ttn/chief/
eidocs/eiguid/eiguidfinal_nov2005.pdf.
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A. San Francisco Bay Area Emissions Inventory

    The Bay Area emissions inventory provides a 2010 inventory in tons 
per day (tpd) winter-time emissions estimates for PM2.5 and 
PM2.5 precursors (i.e., nitrogen oxides (NOX), 
volatile organic compounds (VOCs),\12\ ammonia (NH3), and 
sulfur dioxide (SO2)). Monitoring data for the San Francisco 
Bay Area nonattainment area indicates that high PM2.5 
concentrations occur primarily during the winter months; therefore, the 
Bay Area emissions inventory is a winter-season inventory.\13\ The 
source categories include stationary sources, area sources, on-road 
mobile sources and off-road mobile sources. A summary of the Bay Area 
emissions inventory is provided in Table 1 below, and the detailed Bay 
Area emissions inventory is found in Attachment 1 of CARB's submittal. 
CARB received no public comments on this submittal.
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    \12\ BAAQMD uses the term Reactive Organic Gas (ROG) rather than 
VOC. EPA formerly defined the regulated organic compounds in outdoor 
air as ROG. However, EPA later changed that terminology to ``VOC,'' 
which we use here.
    \13\ November 20, 2013 email correspondence from Amir Fanai 
(BAAQMD) to Nancy Levin (EPA), ``FW--Annual v. winter inventory 
(with attachment).'' See also ``Understanding Particulate Matter,'' 
2012, BAAQMD, page 75. Also see ARB Staff Report, ``Analysis of the 
2012 PM2.5 Emissions Inventory Submittal to the State 
Implementation Plan for the San Francisco Bay Area,'' page 2.

       Table 1--San Francisco Bay Area Planning Area 2010 Winter Emissions Inventory in Tons Per Day (tpd)
----------------------------------------------------------------------------------------------------------------
      Source category \14\             PM2.5            VOC             NOX             SO2             NH3
----------------------------------------------------------------------------------------------------------------
Industrial and Commercial                    5.5            13.7             3.0             7.1             6.2
 Processes......................
Petroleum Product/Solvent                    0.1            69.7             0.0             0.0             0.0
 Evaporation....................
Combustion Stationary Sources--             13.1             5.3             1.1             0.2             1.2
 Fireplaces.....................
Combustion Stationary Sources--              3.7             2.8             0.5             0.1             0.5
 Wood Stoves....................
Combustion Stationary Sources--              7.5             6.3            54.4            17.9             1.1
 Other..........................
On-Road Mobile..................             7.3           107.4           197.6             0.9             8.7
Off-Road Mobile.................             4.3            39.6            90.4             2.8             0.0

[[Page 14407]]

 
Miscellaneous Other--Consumer                0.0            44.1             0.0             0.0             0.5
 Products (excluding pesticides)
Miscellaneous Other--other......             7.9             5.1             0.2             0.0            19.1
                                 -------------------------------------------------------------------------------
    Totals \a\..................              49             294             347              29              37
----------------------------------------------------------------------------------------------------------------
\a\ Totals rounded consistent with submittal.

     
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    \14\ The source categories and totals in Table 1 represent the 
combined totals from various subcategories of sources listed in the 
Bay Area Winter Emissions Inventory for Primary PM2.5 & 
PM Precursors: Year 2010. See Table 1 in Attachment 1 of the TSD. 
This summary also breaks out ``Combustion Stationary Sources'' into 
fireplaces, woodstoves, and other; and ``Miscellaneous Other 
Sources'' into Consumer Products (excluding pesticides) and other.
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    The Bay Area emissions inventory includes emissions estimates from 
stationary sources, area sources, on-road mobile sources, and off-road 
mobile sources. The methodologies used to derive the 2010 inventory for 
PM2.5 are as follows: \15\
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    \15\ ``Understanding Particulate Matter,'' 2012, BAAQMD, pages 
82-87. http://www.baaqmd.gov/~/media/Files/
Planning%20and%20Research/Plans/PM%20Planning/ParticulatesMatter--
Nov%207.ashx.
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     The stationary source emissions inventory is based on 2010 
data of actual emissions reported by all permitted facilities.
     Area-wide source emissions were calculated based on 
reported data for fuel usage, product sales, population, employment 
data, and other parameters covering a wide range of activities.
     The BAAQMD used residential 2005-2006 wood burning surveys 
and mass balance calculations to estimate emissions from fireplaces and 
woodstoves.\16\
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    \16\ In their ``Spare the Air Tonight Study, 2005-2006 Winter 
Wood Smoke Season (2006)'' the BAAQMD used probability-based 
sampling techniques to obtain a representative sample of adult 
population in the district. A total of 2,625 randomly selected 
residents participated in a telephone survey on one of 28 
interviewing dates between November 22, 2005 and February 17, 2006. 
The methodology and protocols used are described in the following 
report: Spare the Air Tonight Study, 2005-2006 Winter Wood Smoke 
Season, Conducted for the Bay Area Air Quality Management District, 
2006.
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     Commercial cooking did not include condensable emissions 
for purposes of methodological consistency, since methods to measure 
condensable emissions from other sources are not available.
     The on-road emissions inventory, which consists of mobile 
sources such as trucks, automobiles, buses, and motorcycles, was 
prepared by CARB using EMFAC2011,\17\ an EPA-approved CARB model for 
on-road motor vehicle emissions.
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    \17\ See 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.
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     The off-road mobile source category includes aircraft, 
trains and boats, and off-road vehicles and equipment used for 
construction, farming, commercial, industrial, and recreational 
activities.\18\ Off-road emissions were estimated by CARB using 
category-specific methods and models, and OFFROAD2007.\19\
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    \18\ See http://www.arb.ca.gov/msei/categories.htm.
    \19\ Email from Gabe Ruiz, CARB, to John Ungvarsky, EPA, 
December 17, 2013. While BAAQMD's ``Understanding Particulate 
Matter'' refers to a CARB ``OFFROAD2011'' model, EPA staff confirmed 
that CARB ``did not produce an integrated version of the OFFROAD 
model for 2011 (i.e., there is no OFFROAD2011). Instead, off-road 
emissions were estimated using a suite of models that provide 
inventory estimates specific to different categories of vehicles. 
Many of these category-specific models were developed to support 
recent regulations including in-use off-road equipment, ocean-going 
vessels, and others. In those instances when a category-specific 
model was not created, OFFROAD2007 was used.''
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     Ship emissions were based on actual data where possible. 
Commercial boat emissions were calculated based on data collected from 
CARB's 2004 Statewide Commercial Harbor Craft Survey. Aircraft 
emissions are based on actual 2010 activity data.
     Paved road emissions were estimated by CARB, based on 
their 2011 guidance and EPA's AP-42, Fifth Edition, Volume 1, Chapter 
13.2.1, Final Section.\20\
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    \20\ AP-42 Fifth Edition, Volume 1, Chapter 13.2.1, Final 
Section, November 2006, http://www.epa.gov/ttn/chief/ap42/ch13/final/c13s0201.pdf, and Understanding Particulate Matter, page 87, 
footnote 18. See the Technical Support Document for today's action 
for additional information on methods used by CARB to calculate 
paved road emissions.
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    As noted above, high PM2.5 concentrations in the San 
Francisco Bay Area nonattainment area occur primarily during the winter 
months and, therefore, the BAAQMD submitted a winter season inventory. 
The high winter concentrations are mainly due to meteorological 
factors, but also are affected by increased residential wood burning 
during the winter. In addition, cool weather promotes the formation of 
ammonium nitrate.\21\ Residential wood burning and diesel vehicles 
comprise about two thirds of the directly emitted PM2.5 
emissions. On-road motor vehicles make up the largest source of 
NOX and VOC emissions.
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    \21\ ``Understanding Particulate Matter,'' 2012, BAAQMD, page 
75.
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    EPA has reviewed the results, procedures, and methodologies for the 
Bay Area emissions inventory. The BAAQMD used standard procedures to 
develop its emissions inventory. The BAAQMD appropriately used seasonal 
emissions inventories. After reviewing the CARB submittal of the Bay 
Area emissions inventory and supporting documentation, EPA finds the 
Bay Area emissions inventory meets the requirements of the CAA and EPA 
guidance and, therefore, we are approving it.

B. Chico Emissions Inventory

    The SIP revision submitted by CARB on November 15, 2012 for the 
Chico nonattainment area provides a 2011 winter-time emissions 
inventory with emissions estimates in tpd for PM2.5 and 
PM2.5 precursors (i.e., NOX, VOCs,\22\ 
NH3, and SO2). Monitoring data for the Chico 
nonattainment area indicates that high PM2.5 concentrations 
occur primarily during the winter months; therefore, the submitted 
inventory is a winter-season inventory.\23\ The source categories 
include stationary sources, area sources, on-road mobile sources, and 
off-road mobile sources. A summary of the inventory is provided in 
Table 2 below, and a detailed inventory is found in Appendix D of 
CARB's submittal.

[[Page 14408]]

CARB received no public comments on this submittal.
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    \22\ BCAQMD uses the term Reactive Organic Gas (ROG) rather than 
VOC. EPA formerly defined the regulated organic compounds in outdoor 
air as ROG. However, EPA later changed that terminology to ``VOC.''
    \23\ 2012 PM2.5 Emission Inventory Submittal to the 
State Implementation Plan for the Chico, CA/Butte County (partial) 
Planning Area, Figure 4-1.
    \24\ Ibid., Table 5-1.
    \25\ Includes Fuel Combustion, Waste Disposal, Cleaning and 
Surface Coatings, Petroleum Production and Marketing, Industrial 
Processes, and Solvent Evaporation.

         Table 2--Chico 2011 Daily Winter-Season Emissions Inventory for PM2.5 and Precursors (tpd) \24\
----------------------------------------------------------------------------------------------------------------
  Emissions inventory category         PM2.5            VOC             NOX             SO2             NH3
----------------------------------------------------------------------------------------------------------------
    Stationary Sources \25\.....            0.81            1.69            2.13            0.07            0.07
Area Sources:
    Residential Wood Heating....            2.36            3.40            0.28            0.05            0.15
    All Other Residential                   0.04            0.03            0.59            0.02            0.00
     Heating....................
    Agricultural (Managed)                  1.16            0.93            0.68            0.11            0.12
     Burning....................
    Construction Fugitives......            0.10            0.00            0.00            0.00            0.00
    Agricultural Fugitives......            0.19            0.32            0.00            0.00            0.58
    Paved and Unpaved Road Dust             0.33            0.00            0.00            0.00            0.00
     (Construction Fugitives)...
    All Other Area Sources                  0.08            4.34            0.00            0.00            3.61
     (General Area Sources).....
\a\ Mobile Sources:
    On-Road.....................            0.27            3.23            8.71            0.03            0.23
    Off-Road....................            0.23            2.34            4.82            0.06           0.002
                                 -------------------------------------------------------------------------------
        Totals \a\..............            5.57           16.28           17.22            0.33            4.77
----------------------------------------------------------------------------------------------------------------
\25\ Totals may not precisely match categories because of rounding but are consistent with submittal.

    For the Chico nonattainment area, the BCAQMD used a base year of 
2005, which was the latest completed comprehensive inventory 
available.\26\ This base year inventory was then ``grown and 
controlled'' \27\ for 2011. For the PM2.5 NAAQS, the 
pollutants to be inventoried are PM2.5, VOC, NOX, 
SO2, and NH3.\28\ The inventory includes 
emissions estimates from stationary sources, area sources, on-road 
mobile sources, and off-road mobile sources. The submittal also 
includes PM2.5 emissions in BCAQMD's 2011 Emissions 
Reduction Credit (ERC) register and Community Bank reserve. These 
potential future emissions are not included in the 2011 winter-time 
PM2.5 emissions inventory for Chico, but BCAQMD recognizes 
their potential to be emitted in the future if authorized to meet New 
Source Review requirements.
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    \26\ Email from Armen Kamian, BCAQMD to Nancy Levin, EPA, August 
8, 2013.
    \27\ ``Grown'' refers to including population growth, new roads, 
additional housing units, increased road traffic, etc. 
``Controlled'' refers to including control measures.
    \28\ Emissions Inventory Guidance for Implementation of Ozone 
and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations, EPA-454/R-05-001, August 
2005, updated November 2005. http://www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_nov2005.pdf.
    \29\ Implementation Guidance for the 2006 24-Hour Fine Particle 
(PM2.s) National Ambient Air Quality Standards (NAAQS). U.S. EPA 
Memorandum from S. Page, March 2, 2012.

            Table 3--Chico 2011 Winter-Time PM2.5 ERCs (tpd)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
2011 ERC Registry (October-April)..........................         0.30
Community Bank (October-April).............................         0.06
                                                            ------------
    Total..................................................         0.36
------------------------------------------------------------------------

    The stationary point source emissions inventory was developed from 
information the BCAQMD has on file for permitted facilities. The source 
categories include, but are not limited to, most fuel combustion, waste 
disposal, cleaning and surface coating, petroleum marketing and 
production, and industrial process facilities, as well as those subject 
to the federal Title V program. For this inventory, stationary sources 
also include auto body shops, dry cleaners, and gasoline stations. 
General area sources include solvent evaporation and other sources for 
which BCAQMD followed CARB's methodologies to calculate the emissions 
inventory estimates.\30\ The BCAQMD developed the woodstove/fireplace 
emissions estimates using California housing data, Butte County 
Association of Governments' growth predictions, and CARB emissions 
factors to determine the potential reductions from BCAQMD Rule 207, 
Residential Wood Combustion.)\31\
---------------------------------------------------------------------------

    \30\ See http://www.arb.ca.gov/msei/areas src/inde0.htm.
    \31\ Memorandum, Control Profile Rule 207 Residential Wood 
Combustion, and attachment from Gail Williams, BCAQMD to Anna 
Komorniczak and Monique Davis, CARB, October 12, 2010; District Rule 
207 Wood Burning Devices (Adopted October 25, 2001; Recodified 
August 22, 2002; Amended December 11, 2008).
---------------------------------------------------------------------------

    Mobile sources include on-road and off-road emissions. On-road 
mobile source emissions were estimated by CARB using the 
EMFAC2011model. Off-road emissions were estimated by CARB using 
category-specific methods and models, and OFFROAD2007.\32\ Residential 
wood heating accounts for almost half of the winter directly emitted 
PM2.5 emissions, and mobile sources are the largest 
contributors to NOX emissions.
---------------------------------------------------------------------------

    \32\ December 16, 2013 email from Armen Kamian, BCAQMD to Nancy 
Levin, EPA Region 9.
---------------------------------------------------------------------------

    EPA has reviewed the results, procedures, and methodologies for the 
submitted emissions inventory. The BCAQMD used standard procedures to 
develop its emissions inventory. The BCAQMD appropriately used seasonal 
emissions inventories. After reviewing the CARB submittal of the Chico 
emissions inventory and supporting documentation, EPA finds the 
emissions inventory meets the requirements of the CAA and EPA guidance 
and, therefore, we are approving it.

IV. Final Action

    EPA is taking direct final action to approve the PM2.5 
and PM2.5 precursor emissions inventories submitted by CARB 
on January 14, 2013 for the San Francisco Bay Area nonattainment area, 
and on November 15, 2012 for the Chico nonattainment area. EPA has 
determined that this action is consistent with sections 110 and 
172(c)(3) of the CAA. EPA is publishing this rule without prior 
proposal because the Agency views this as a non-controversial revision 
and anticipates no adverse comments. However, in the Proposed Rules 
section of this Federal Register, we are simultaneously proposing 
approval of the same submitted emissions inventories. If we

[[Page 14409]]

receive adverse comments by April 14, 2014, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect, and we will address the comments 
in a subsequent final action based on the proposal. If we do not 
receive timely adverse comments, the direct final approval will be 
effective without further notice on May 13, 2014. This will incorporate 
these emissions inventories into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this SIP revision, and if that provision may 
be severed from the remainder of the revision, EPA may adopt as final 
those provisions of the revision that are not the subject of an adverse 
comment.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     is 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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is 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.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is 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 Clean Air Act; and
     does 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 action 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 13, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: January 30, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(434) and (435) to 
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (434) A plan revision submitted on November 15, 2012 by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Butte County Air Quality Management District.
    (1) ``2012 PM2.5 Emission Inventory Submittal to the 
State Implementation Plan for the Chico, CA/Butte County (partial) 
Planning Area,'' as submitted by the California Air Resources Board on 
November 15, 2012. The document in CARB's submittal is titled, ``Chico 
Nonattainment Area (Partial Butte County) 2011 Daily Winter-Time 
Emissions Inventory (Base Year 2005--Grown and Controlled in Tons Per 
Day.''
    (435) A plan revision submitted on January 14, 2013 by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) San Francisco Bay Area Air Quality Management District.
    (1) ``2012 PM2.5 Emission Inventory to the State 
Implementation Plan for the San Francisco Bay Area'' as submitted by 
the California Air Resources Board on January 14, 2013. The document in

[[Page 14410]]

CARB's submittal is titled, ``Bay Area Winter Emissions Inventory for 
Primary PM2.5 & PM Precursors: Year 2010.''
* * * * *
[FR Doc. 2014-05527 Filed 3-13-14; 8:45 am]
BILLING CODE 6560-50-P
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