ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0622; FRL-]

Approval of Air Quality Implementation Plans; California; South 

Coast; Attainment Plan for 1997 8-hour Ozone Standard 

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule.

__________________________________________________________

SUMMARY: EPA is proposing to approve state implementation plan 

(SIP) revisions submitted by California to provide for 

attainment of the 1997 8-hour ozone national ambient air quality 

standards in the Los Angeles–South Coast Area (South Coast). 

These SIP revisions are the South Coast 2007 Air Quality 

Management Plan (South Coast 2007 AQMP) (revised 2011) and South 

Coast-related portions of the 2007 State Strategy (revised 2009 

and 2011). EPA is proposing to approve the emissions 

inventories, reasonably available control measures, provisions 

for transportation control strategies and measures, reasonable 

further progress (RFP) and attainment demonstrations, 

transportation conformity motor vehicle emissions budgets for 

all RFP milestone years and the attainment year, contingency 

measures for failure to make RFP or attain, and Clean Air Act 

section 182(e)(5) new technologies provisions and associated 

commitment to adopt contingency measures. EPA is also proposing 

to approve commitments to measures and reductions by the South 
2

Coast Air Quality Management District and the California Air 

Resources Board. Simultaneously and in the alternative, EPA is 

proposing to disapprove the SIP with respect to certain 

provisions for transportation control strategies and measures 

pending resolution of petitions filed before the 9th Circuit 

U.S. Court of Appeals in Association of Irritated Residents v. 

EPA, 632 F.3d 584 (9th Cir. 2011).

DATE: Any comments must be submitted by [Insert date 30 days 

from the date of publication in the Federal Register].

ADDRESSES: Submit comments, identified by docket number EPA-R09-

OAR-2011-0622, by one of the following methods:

Federal eRulemaking Portal: www.regulations.gov. Follow 

the on-line instructions.

E-mail: tax.wienke@epa.gov.

Mail or deliver: Marty Robin, Office of Air Planning (AIR2), U.S. Environmental Protection Agency Region IX, 75 

Hawthorne Street, San Francisco, CA 94105. 

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 
3

should not be submitted through www.regulations.gov or e-mail. 

The www.regulations.gov website 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 

e-mail directly to EPA, your e-mail address will be 

automatically captured and included as part of the public 

comment. If EPA cannot read your comments due to technical 

difficulties and cannot contact you for clarification, EPA may 

not be able to consider your comment. 

Docket: The index to the docket for this action is available 

electronically on the www.regulations.gov website and in hard 

copy at EPA Region IX, 75 Hawthorne Street, San Francisco, 

California, 94105. While all documents in the docket are listed 

in the index, some information may be publicly available only at 

the hard copy location (e.g., copyrighted material), and some 

may not be publicly available at 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 below.

Copies of the SIP materials are also available for 

inspection at the following locations:

California Air Resources Board, 1001 I Street, Sacramento, 

California 95812, and

South Coast Air Quality Management District, 21865 E. 
4

Copley Drive, Diamond Bar, California 91765. 

The SIP materials are also electronically available at: 

http://aqmd.gov/aqmp/07aqmp/index.html and 

http://www.arb.ca.gov/planning/sip/sip.htm.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office 

(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 

947-4192, tax.wienke@epa.gov 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA.

Table of Contents

I. The 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)

and the South Coast Nonattainment Area

A. Background on the 8-Hour Ozone NAAQS

B. The South Coast 8-Hour Ozone Nonattainment Area 

II. CAA and Regulatory Requirements for Ozone Nonattainment SIPs

III. California’s State Implementation Plan Submittals to 

Address 8-Hour Ozone Nonattainment in the South Coast 

Nonattainment Area

A. California’s SIP Submittals

B. CAA Procedural and Administrative Requirements for SIP 

Submissions

IV. Review of the South Coast 2007 AQMP and the South Coast 

Portion of the Revised 2007 State Strategy

A. Emission Inventories
5

B. Reasonably Available Control Measures (RACM) Demonstration

and Control Strategy

C. Attainment Demonstration

D. Reasonable Further Progress Demonstration 

E. Transportation Control Strategies and Transportation Control 

Measures and Vehicle Miles Travelled Offset to Offset Emissions 

Increases from VMT Increases, To Provide for RFP and Attainment

F. Contingency Measures

G. Motor Vehicle Emissions Budgets for Transportation Conformity

H. Other Clean Air Act Requirements Applicable to Extreme Ozone 

Nonattainment Areas

V. EPA’s Proposed Actions

VI. Statutory and Executive Order Reviews

I. The 8-Hour Ozone National Ambient Air Quality Standard 

(NAAQS) and the South Coast Nonattainment Area

A. Background on the 8-Hour Ozone NAAQS

Ground-level ozone is formed when oxides of nitrogen (NOx)

and volatile organic compounds (VOC) react in the presence of 

sunlight.1 These two pollutants, referred to as ozone precursors, 

are emitted by many types of pollution sources, including onand off-road motor vehicles and engines, power plants and 

 

1 California plans sometimes use the term Reactive Organic Gases 

(ROG) for VOC. These terms are essentially synonymous. For 

simplicity, we use the term VOC herein to mean either VOC or 

ROG. 
6

industrial facilities, and smaller area sources such as lawn and 

garden equipment and paints.

Scientific evidence indicates that adverse public health 

effects occur following exposure to ozone, particularly in 

children and adults with lung disease. Breathing air containing 

ozone can reduce lung function and inflame airways, which can 

increase respiratory symptoms and aggravate asthma or other lung 

diseases. Ozone exposure also has been associated with increased 

susceptibility to respiratory infections, medication use, doctor 

visits, and emergency department visits and hospital admissions 

for individuals with lung disease. Ozone exposure also increases 

the risk of premature death from heart or lung disease. 

Children are at increased risk from exposure to ozone because 

their lungs are still developing and they are more likely to be 

active outdoors, which increases their exposure. See “Fact 

Sheet, Proposal to Revise the National Ambient Air Quality 

Standards for Ozone,” January 6, 2010 and 75 FR 2938 (January 

19, 2010). 

In 1979, under section 109 of the CAA, EPA established 

primary and secondary national ambient air quality standards

(NAAQS or standard) for ozone at 0.12 parts per million (ppm) 

averaged over a 1-hour period. See 44 FR 8202 (February 8, 

1979). 

On July 18, 1997, EPA revised the primary and secondary 
7

NAAQS for ozone to set the acceptable level of ozone in the 

ambient air at 0.08 ppm, averaged over an 8-hour period. See 62 

FR 38856 (July 18, 1997).2 EPA set the 8-hour ozone standard 

based on scientific evidence demonstrating that ozone causes 

adverse health effects at lower concentrations and over longer 

periods of time than was understood when the pre-existing 1-hour 

ozone standard was set. EPA determined that the 8-hour standard 

would be more protective of human health, especially children 

and adults who are active outdoors, and individuals with a preexisting respiratory disease, such as asthma.

B. The South Coast 8-Hour Ozone Nonattainment Area

Following promulgation of a new or revised NAAQS, EPA is 

required by the Clean Air Act (CAA) to designate areas 

throughout the nation as attaining or not attaining the NAAQS. 

On April 15, 2004, EPA designated the South Coast as 

nonattainment for the 1997 8-hour ozone standard and classified

it as "severe-17" under CAA section 181(a)(1) and 40 CFR

51.903(a), Table 1. See 69 FR 23858 at 23888-89 (April 30, 2004) 

and 40 CFR 81.305. The designations and classifications became 

effective on June 15, 2004.

 

2

In March 2008, EPA completed another review of the primary and 

secondary ozone standards and tightened them further by lowering 

the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
8

In 2007, California requested that EPA reclassify the South 

Coast from “severe-17” to “extreme” nonattainment for the 1997 

8-hour ozone standard under CAA section 181(b)(3).3 We granted 

California’s request on May 5, 2010 and reclassified the South 

Coast to extreme nonattainment for the 1997 8-hour ozone 

standard effective June 4, 2010. See 75 FR 24409. The South 

Coast 2007 AQMP was developed to address the extreme area 

planning requirements for the 1997 8-hour ozone standard in the 

CAA and EPA’s implementing regulations and thus California did 

not need to make additional submittals in response to this 

reclassification.

The South Coast 8-hour ozone nonattainment area is home to 

about 17 million people, has a diverse economic base, and 

contains one of the highest-volume port areas in the world. For 

a precise description of the geographic boundaries of the South 

Coast 8-hour ozone nonattainment area, see 40 CFR 81.305. The 

local air district with primary responsibility for developing a 

plan to attain the 1997 8-hour ozone NAAQS in this area is the 

South Coast Air Quality Management District (District or 

SCAQMD). 

Ambient 8-hour ozone levels in the South Coast are well 

 

3 See SCAQMD Governing Board Resolution No. 07-9 (June 1, 2007), 

p. 12; CARB Resolution No. 07-41 (September 27, 2007), p. 8; and 

letter, James Goldstene, Executive Officer, CARB to Wayne 

Nastri, Regional Administrator, EPA Region 9, November 28, 2007.
9

above the 1997 8-hour ozone NAAQS. The maximum design value for 

the area, based on monitored readings at the Crestline monitor, 

is 0.112 ppm for the 2008-2010 period.4

II. CAA and Regulatory Requirements for Ozone Nonattainment SIPs

States must implement the 1997 8-hour ozone standard under 

Title 1, Part D of the CAA, which includes section 172, 

“Nonattainment plan provisions,” and subpart 2, “Additional 

Provisions for Ozone Nonattainment Areas” (sections 181-185). 

In order to assist states in developing effective plans to 

address their ozone nonattainment problem, EPA issued the 8-hour 

ozone implementation rule. This rule was finalized in two 

phases. The first phase of the rule addresses classifications 

for the 1997 8-hour ozone standard, applicable attainment dates

for the various classifications, and the timing of emissions 

reductions needed for attainment. See 69 FR 23951 (April 30, 

2004). The second phase addresses SIP submittal dates and the 

requirements for reasonably available control technology and 

measures (RACT and RACM), reasonable further progress (RFP), 

 

4

See EPA, Air Quality System Quick Look Report dated April 14, 

2011 in the docket for today’s action. A design value is an 

ambient concentration calculated using a specific methodology to 

evaluate monitored air quality data and is used to determine 

whether an area’s air quality is meeting a NAAQS. The 

methodology for calculating design values for the 8-hour ozone 

NAAQS is found in 40 CFR part 50, Appendix I. This value is 

preliminary because while 2008 and 2009 data are complete, 

validated, and certified, 2010 data have not yet been certified 

by the District.
10

modeling and attainment demonstrations, contingency measures, 

and new source review. See 70 FR 71612 (November 29, 2005). The 

rule is codified at 40 CFR part 51, subpart X.

5 We discuss each 

of these CAA and regulatory requirements for 8-hour ozone 

nonattainment plans in more detail below.

III. California’s State Implementation Plan Submittals to 

Address 8-Hour Ozone Nonattainment in the South Coast 

Nonattainment Area

A. California’s SIP Submittals

Designation of an area as nonattainment starts the process 

for a state to develop and submit to EPA a State implementation 

plan (SIP) providing for attainment of the NAAQS under title 1, 

part D of the CAA. For 8-hour ozone areas designated as 

nonattainment effective June 15, 2004, this attainment SIP was 

due by June 15, 2007. See CAA 172(b) and 40 CFR 51.908(a) and 

51.910.

California has made five SIP submittals to address the 

CAA’s planning requirements for attaining the 1997 8-hour ozone 

standard in the South Coast nonattainment area. We refer to 

 

5 EPA has revised or proposed to revise several elements of the 

8-hour ozone implementation rule since its initial promulgation 

in 2004. See, e.g., 74 FR 2936 (January 16, 2009); 75 FR 51960 

(August 24, 2010); and 75 FR 80420 (December 22, 2010). None of 

these revisions affect any provision of the rule that is 

applicable to EPA’s proposed actions on the South Coast 2007 8-

Hour Ozone Plan.
11

these submittals collectively as “the South Coast 2007 8-Hour 

Ozone SIP” or “the South Coast 2007 Ozone SIP.” The two 

principal ones are the District’s 2007 8-hour Ozone Plan (South 

Coast 2007 AQMP) and the California Air Resources Board’s 

(CARB’s) State Strategy for California’s 2007 State 

Implementation Plan (2007 State Strategy).

1. 2007 South Coast AQMP

The "Final 2007 Air Quality Management Plan, June 2007” 

(South Coast 2007 AQMP) was adopted by the District on June 1, 

2007 and submitted to CARB on October 24, 2007.6,7 On November 

 

6 See November 28, 2007 letter to Wayne Nastri, Regional 

Administrator, EPA Region 9, from James N. Goldstene, Executive 

Officer, CARB, with enclosures.

7 The South Coast 2007 AQMP is the first South Coast Plan to 

address the 8-hour ozone NAAQS. We have previously acted on 

numerous South Coast air quality plans for ozone, PM-10, carbon 

monoxide, and NO2, such as the 1997/1999 AQMP. We approved the 

ozone portion of the 1997 South Coast AQMP, as amended in 1999, 

on April 10, 2000 (see 65 FR 18903). Our most recent action on a 

SIP addressing the CAA requirements for the South Coast ozone 

nonattainment area was our partial approval and partial 

disapproval of the 2003 AQMP, which addressed 1-hour ozone (see 

74 FR 10176, March 10, 2009). Our 2009 final action was 

challenged in the Ninth Circuit Court of Appeals, which 

published an opinion remanding certain aspects of EPA's action 

for further action consistent with the opinion. See Association 

of Irritated Residents v. EPA, 632 F.3d 584 (9th Cir. 2011). The 

issues in dispute relate to the consequences of an EPA 

disapproval of a SIP submittal, the adequacy of EPA's evaluation 

of a particular control measure from the 2003 State Strategy, 

and the rationale for EPA's approval of the State's submittal as 

meeting the requirements of CAA section 182(d)(1)(A)(TCMs to 

offset growth in emissions from growth in VMT) in the South 

Coast. EPA has sought rehearing on some of the issues, and the 

mandate in this case has not yet been issued pending action by 

the court on the petition for rehearing.
12

28, 2007, CARB submitted the South Coast 2007 AQMP to EPA. The 

South Coast 2007 AQMP includes an 8-hour ozone attainment 

demonstration for the South Coast nonattainment area, 

commitments by the SCAQMD to adopt control measures to achieve 

emissions reductions from sources under its jurisdiction 

(primarily stationary sources), and motor vehicle emissions 

budgets (budgets) used for transportation conformity purposes. 

The attainment demonstration includes air quality modeling, an 

analysis of CAA section 172 reasonably available control 

measures (RACM), base year and projected year emissions 

inventories, and contingency measures.

In today's proposal, we are evaluating only those portions 

of the South Coast 2007 AQMP and its revisions that are relevant 

to attainment of the 1997 8-hour ozone standard in the South 

Coast.

2. CARB 2007 State Strategy 

To demonstrate attainment, the South Coast 2007 AQMP relies 

to a large extent on measures and commitments in CARB’s 2007 

State Strategy. The 2007 State Strategy was adopted by CARB on 

September 27, 2007 and submitted to EPA on November 16, 2007.8 It 

describes CARB’s overall approach to addressing, in conjunction 

 

8 See CARB Resolution No. 07-28, September 27, 2007 with 

attachments and letter from James N. Goldstene, Executive 

Officer, CARB, to Wayne Nastri, Regional Administrator, EPA 

Region 9, November 16, 2007 with enclosures.
13

with local plans, attainment of both the 1997 8-hour ozone and 

fine particulate (PM2.5) NAAQS not only in the South Coast 

nonattainment area but also in the San Joaquin Valley and the 

Sacramento area. It also includes CARB’s commitments to propose 

15 defined State measures9 and to obtain specific amounts of 

aggregate emissions reductions of NOx and VOC emissions in the 

South Coast from sources under the State’s jurisdiction, 

primarily on- and off-road motor vehicles and engines. In 

addition, it contains an RFP demonstration and contingency 

measures for the South Coast 8-hour ozone nonattainment area.

On August 12, 2009, CARB submitted the “Status Report on 

the State Strategy for California’s 2007 State Implementation 

Plan (SIP) and Proposed Revision to the SIP Reflecting 

Implementation of the 2007 State Strategy,” dated March 24, 2009 

and adopted April 24, 2009 (“2009 State Strategy Status 

Report”).

10 This submittal updated the 2007 State Strategy to 

reflect its implementation during 2007 and 2008.

 

9 The 2007 State Strategy also includes measures to be 

implemented by the California Bureau of Automotive Repair (Smog

Check improvements) and the California Department of Pesticide 

Regulation (VOC reductions from pesticide use). See 2007 State 

Strategy, p. 64-65 and CARB Resolution 7-28, Attachment B, p. 8.

10 See CARB Resolution No. 09-34, April 24, 2009 and letter, James 

N. Goldstene, Executive Officer, CARB to Wayne Nastri, Regional 

Administrator, EPA Region 9, August 12, 2009 with enclosures.

Only pages 11-27 of the 2009 State Strategy Status Report are 

submitted as a SIP revision. The balance of the report is for 

informational purposes only. See Attachment A to CARB Resolution 
14

In today's proposal, we are evaluating only those portions 

of the 2007 State Strategy and its revisions that are relevant 

to attainment of the 1997 8-hour ozone standard in the South 

Coast.

3. CARB’s 2011 SIP Revisions

On May 18, 2011, CARB submitted a SIP revision entitled

Progress Report on Implementation of PM2.5 State Implementation 

Plans (SIP) for the South Coast and San Joaquin Valley Air 

Basins and Proposed SIP Revisions, dated March 29, 2011 and 

adopted April 28, 2011, together with the adopting resolution 

and other supporting documentation11,12 (2011 Progress Report).

Appendix F of this 2011 Progress Report provides revised control 

measure commitments and a revised rule implementation schedule 

for the South Coast 2007 AQMP.13 We refer to this SIP revision 

as the “2011 Progress Report, Appendix F.”

 

No. 09-34.

11 See CARB Board Resolution 11-24, April 28, 2011 and letter, 

James N. Goldstene, Executive Officer, CARB, to Jared 

Blumenfeld, Regional Administrator, EPA Region 9, May 18, 2011 

with enclosures.

12Only Appendices B, C, and D of the 2011 Progress Report are 

submitted as a SIP revision. The balance of the report is for 

informational purposes only. See letter, James Goldstene, 

Executive Officer, CARB, to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, May 18, 2011.

13 See letter, Lynn Terry, Deputy Executive Officer, CARB, to 

Jared Blumenfeld, Regional Administrator, EPA Region 9, dated 

May 19, 2011, and enclosed ARB Board Resolution 11-24.
15

On July 29, 2011, CARB submitted the “8-Hour Ozone State 

Implementation Plan Revisions and Technical Revisions to the 

PM2.5 State Implementation Plan Transportation Conformity Budgets 

for the South Coast and San Joaquin Valley Air Basins,” dated 

June 20, 2011 and adopted July 21, 2011 (2011 Ozone SIP 

Revision).14 This SIP revision updates the 2007 State Strategy

and 2009 State Strategy Status Report. Specifically, it updates 

the emissions inventories, RFP demonstration, contingency 

measures, and transportation conformity budgets for the South 

Coast to reflect rule adoptions and improvements to emissions 

estimates. CARB provided supplemental documentation for the 2011 

Ozone SIP Revision on August 10, 2011 (2011 Ozone SIP 

Supplement).15

Future references in this proposal to the 2007 State 

Strategy and to the South Coast 2007 AQMP will be to the State 

Strategy as revised in 2009 and 2011, and the AQMP as revised in 

2011, respectively, unless otherwise noted.

B. CAA Procedural and Administrative Requirements for SIP 

Submissions

 

14 See CARB Resolution 11-22, July 21, 2011 and letter, James N. 

Goldstene, Executive Officer, CARB to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, July 29, 2011 with enclosures. Only 

Appendix A of the 2011 Ozone SIP Revision is submitted as a SIP 

revision. The balance of the report is for informational 

purposes only.

15 See letter, Lynn Terry, Executive Officer, CARB to Deborah 

Jordan, Director, Region 9 Air Division, dated August 10, 2011 

with attachments.
16

CAA sections 110(a)(1) and (2) and 110(l) require a state 

to provide reasonable public notice and opportunity for public 

hearing prior to the adoption and submission of a SIP or SIP 

revision. To meet this requirement, every SIP submittal should 

include evidence that adequate public notice was given and an 

opportunity for a public hearing was provided consistent with 

EPA’s implementing regulations in 40 CFR 51.102.

Both the District and CARB have satisfied applicable 

statutory and regulatory requirements for reasonable public 

notice and hearing prior to adoption and submission of the South 

Coast 2007 Ozone Plan. The District conducted public workshops, 

provided public comment periods, and held public hearings prior 

to the adoption of the South Coast 2007 AQMP on June 1, 2007 

(See SCAQMD Governing Board Resolution No. 07-9). CARB provided 

the required public notice and opportunity for public comment 

prior to its September 27, 2007 public hearing on the plan. See 

CARB Resolution No. 07-41. The District also provided the 

required public notice and hearing on its 2011 revision to the 

2007 AQMP. See SCAQMD Governing Board Resolution 11-9.

CARB conducted public workshops, provided public comment 

periods, and held a public hearing prior to the adoption of the 

2007 State Strategy on September 27, 2007 (See CARB Resolution 

No. 07-28). CARB also provided the required public notice, 

opportunity for public comment, and a public hearing prior to 
17

its April 24, 2009 adoption of the 2009 State Strategy Status 

Report. See CARB Resolution 09-34, April 24, 2009. Finally, CARB 

provided the required public notice, opportunity for public 

comment, and a public hearing prior to its April 28, 2011 and 

July 21, 2011 adoption of the 2011 Progress Report and the 2011 

Ozone SIP Revision, respectively. See CARB Resolution 11-11, 

April 28, 2011, and CARB Resolution 11-22, July 21, 2011.

The SIP submittals include proof of publication for notices 

of the District and CARB public hearings, as evidence that all 

hearings were properly noticed. We find, therefore, that each of

the five submittals meet the procedural requirements for public 

notice and hearing in CAA sections 110(a) and 110(l).

CAA section 110(k)(1)(B) requires EPA to determine whether 

a SIP submittal is complete within 60 days of receipt. This 

section also provides that any plan that EPA has not 

affirmatively determined to be complete or incomplete will be

deemed complete 6 months after the date of submission by 

operation of law. EPA’s SIP completeness criteria are found in 

40 CFR part 51, Appendix V.

The November 28, 2007 submittal of the South Coast 2007 

AQMP became complete by operation of law on May 28, 2008. The 

November 16, 2007 submission of the 2007 State Strategy and the

August 12, 2009 revisions to the Strategy became complete by 

operation of law on May 16, 2008 and February 12, 2010, 
18

respectively. 

We determined that CARB’s 2011 Progress Report submittal of 

May 18, 2011 was complete on June 13, 2011. See Letter, Deborah 

Jordan, Air Division Director, US EPA Region 9, to James 

Goldstene, Executive Officer, CARB, dated June 13, 2011. We 

determined that CARB’s 2011 Ozone SIP Update submittal of July 

29, 2011 was complete on August 23, 2011.

16

IV. Review of the South Coast 2007 AQMP and the South Coast 

Portion of the Revised 2007 State Strategy

We provide our evaluation of the South Coast 2007 8-Hour 

Ozone SIP’s compliance with applicable CAA and EPA regulatory 

requirements below. A more detailed evaluation can be found in 

the technical support document (TSD) for this proposal, which is 

available online at www.regulations.gov under docket number EPAR09-OAR-2011-0622, or from the EPA contact listed at the 

beginning of this notice.

A. Emissions Inventories

1. Requirements for Emissions Inventories

CAA section 182(a)(1) requires each state with an ozone 

nonattainment area classified under subpart 2 to submit, within 

two years of the area’s designation as nonattainment, a 

“comprehensive, accurate, current inventory of actual emissions 

 

16 See Letter, Deborah Jordan, Air Division Director, US EPA 

Region 9, to James Goldstene, Executive Officer, CARB, dated 

August 23, 2011.
19

from all sources” of the relevant pollutant or pollutants in 

accordance with guidance provided by EPA. CAA 182(a)(1), 40 CFR 

51.915. EPA has issued “Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter NAAQS and 

Regional Haze Regulations,” (EPA–454/R–05–001), November 2005

(“EI Guidance”) which provides guidance on how to develop base 

year and baseline emissions inventories for 8-hour ozone, PM2.5, 

and regional haze SIPs.

For areas that were initially designated nonattainment for 

the 8-hour ozone standard in 2004, EPA recommends using calendar 

year 2002 as the base year for the inventory required by CAA 

section 182(a)(1). EI Guidance, p. 8.

Emissions inventories for ozone should include emissions of 

VOC, NOx, and carbon monoxide (CO) and represent an average 

summer week day during the ozone season. EI Guidance, pp. 14 and 

17. States should include documentation in their submittals 

explaining how emissions data were calculated. 70 FR 71612 at 

71664 and EI Guidance, p. 40. In estimating mobile source 

emissions, states should use the latest emission models and 

planning assumptions available at the time the SIP is developed. 

66 FR at 32854 and 70 FR 61612, at 71666. For California, the 

latest available mobile source emissions model is EMFAC2007, 

which EPA approved in 2008 for use in SIPs and transportation 

conformity analyses. See 73 FR 3464 (January 18, 2008).
20

2. Emissions Inventories in the South Coast 2007 AQMP

The base year and future year baseline inventories for 

ozone precursors for the South Coast ozone nonattainment area 

together with additional documentation for the inventories are 

found in Chapter 3 and Appendix III of the South Coast 2007 

AQMP.

17 These inventories represent average summer day (ozone 

season) emissions. Inventories are provided for the base year of 

2002; the RFP milestone years of 2008, 2011, 2014, 2017, 2020; 

and the attainment year of 2023. The projected baseline 

inventories include reductions from federal, state, and District 

measures adopted prior to 2007. See South Coast 2007 AQMP, page 

3-1 and 2007 State Strategy, Appendix A, p. 1. All inventories 

include emissions from point, area, on-road and non-road 

sources.

As a starting point for the South Coast 2007 AQMP’s 

inventories, the District used CARB’s inventory for the year 

2002. This inventory and CARB’s documentation for its 

inventories can be found in Appendices A and F, respectively, of 

the 2007 State Strategy. The 2002 inventory for the South Coast 

nonattainment area was projected to 2005 and future years using 

CARB’s California Emission Forecasting System (CEFS). Both base 

 

17 By “future year baseline inventories” or “projected baseline 

inventories,” we mean projected emissions inventories for future 

years that account for, among other things, the effects of 

economic growth and adopted emissions control requirements.
21

year and projected baseline inventories use the most current 

version of California’s mobile source emissions model, 

EMFAC2007, for estimating on-road motor vehicle emissions. EPA 

has approved this model for use in SIPs and transportation 

conformity analyses. 73 FR 3464 (January 18, 2008). Off-road 

inventories were developed using the CARB off-road model. 

As part of its 2011 Ozone SIP Revision, CARB submitted 

revised base year and future year baseline inventories for the 

South Coast nonattainment area. See Table 1 below. These revised 

inventories incorporate improved activity data and/or emission 

factors for diesel trucks and buses and off-road equipment that 

were developed as part of CARB’s December 2010 rulemakings 

amending its In-Use On-Road Truck and Bus Rule and In-Use OffRoad Engine rule. The State estimates that these changes 

collectively reduce the 2002 base year total inventory in the 

South Coast by 5 percent for NOx and less than 2 percent for

VOC.

18 The projected baseline inventories for subsequent years 

were also revised to reflect the ongoing effects of the 2007-

2009 economic recession, which has significantly reduced 

activity levels and associated emissions from the State’s 

construction and goods movement sectors. CARB estimates that 

emissions levels and growth rates will return to normal levels

by the 2017-2018 timeframe. 2011 Ozone SIP Revision, Appendix B. 

 

18 See Appendix A of 2011 Ozone SIP Revision. 
22

As a result, projected emission levels from these categories in 

the years up to 2017-2018 are now substantially lower than were 

originally projected in the South Coast 2007 AQMP and 2007 State 

Strategy as submitted in November 2007. These recession-related 

decreases in emissions do not in themselves affect the Plan’s 

emissions inventories for the modeling validation years (1997, 

2004, and 2005), the base year (2002), or future years (2020 and 

2023), and thus do not change the carrying capacity estimates in 

the plan (i.e., they do not in themselves affect the target 

level of overall emissions reductions needed to demonstrate 

attainment), nor do they alter the 2002 adjusted baseline 

emissions, which provide the starting point for the reasonable 

further progress demonstration. The principal effect of the 

recession-related decreases in projected emissions estimates is 

to reduce the amount of reductions needed from the SIP’s control 

strategy to demonstrate RFP in the years prior to 2018.

Table 1. South Coast Base Year and Attainment Year Emissions 

Inventory Summary (summer planning inventory emissions in tons 

per day)a

Emissions Inventory 

category

NOx VOC

Year

2002 2023 2002 2023

Stationary/Areawide 

Sources

89 68 318 273

On-road Mobile Sources 652 140 361 98

Off-road Mobile Sources 283 170 202 142
23

TOTAL 1024 378 881 513

a Numbers may not add up to precise totals due to rounding. 

Source: 2011 Ozone SIP Revision, Appendix B, p. B-2.

3. Proposed Action on the Base Year Emissions Inventory

We have reviewed the 2002 base year emissions inventory in 

the South Coast 2007 AQMP and the inventory methodologies used 

by the District and CARB in developing that inventory and have 

determined that the inventory was developed consistent with CAA 

requirements as reflected in the 8-hour ozone implementation 

rule, and EPA’s guidance. The revised 2002 base year inventory 

is a comprehensive, accurate, and current inventory of actual 

emissions of 8-hour ozone precursors in the South Coast 

nonattainment area. We therefore propose to approve the base 

year inventory as meeting the requirements of CAA section 

182(a)(1) and EPA’s 8-hour ozone implementation rule. 40 CFR 

51.915. We provide detail on our review of the base year 

inventory in section II.A. of the TSD for this proposal.

B. Reasonably Available Control Measures (RACM) Demonstration

and Control Strategy

1. Requirements for RACM and Control Strategy

CAA section 172(c)(1) requires that each attainment plan 

“provide for the implementation of all reasonably available 

control measures as expeditiously as practicable (including such 

reductions in emissions from existing sources in the area as may 
24

be obtained through the adoption, at a minimum, of reasonably 

available control technology), and shall provide for attainment 

of the national primary ambient air quality standards.” The 8-

hour ozone implementation rule requires that for each 

nonattainment area that is required to submit an attainment 

demonstration, the state must also submit concurrently a SIP 

revision demonstrating that it has adopted all RACM necessary to 

demonstrate attainment as expeditiously as practicable and to 

meet any RFP requirements. 40 CFR 51.912(d).

EPA has previously provided guidance interpreting the RACM 

requirement in the General Preamble at 1356019 and in a 

memorandum entitled “Guidance on Reasonably Available Control 

Measures (RACM) Requirements and Attainment Demonstration 

Submissions for the Ozone NAAQS,” John Seitz, November 30, 1999. 

(Seitz memo). In summary, EPA guidance provides that to address 

the requirement to adopt all RACM, states should consider all 

potentially reasonable control measures for source categories in 

the nonattainment area to determine whether they are reasonably 

available for implementation in that area and whether they 

 

19 The “General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990,” published at 57 FR 13498 on 

April 16, 1992, describes EPA’s preliminary view on how we would 

interpret various SIP planning provisions in title I of the CAA 

as amended in 1990, including those planning provisions 

applicable to the 1-hour ozone standard. EPA continues to rely 

on certain guidance in the General Preamble to implement the 8-

hour ozone standard under title I.
25

would, if implemented individually or collectively, advance the 

area’s attainment date by one year or more. See Seitz memo and

General Preamble at 13560; see also “State Implementation Plans; 

General Preamble for Proposed Rulemaking on Approval of Plan 

Revisions for Nonattainment Areas,” 44 FR 20372 (April 4, 1979) 

and Memorandum dated December 14, 2000, from John S. Seitz, 

Director, Office of Air Quality Planning and Standards, 

“Additional Submission on RACM from States with Severe One-Hour 

Ozone Nonattainment Area SIPs.”

Any measures that are necessary to meet these requirements 

that are not already either federally promulgated, part of the 

state’s SIP, or otherwise creditable in SIPs must be submitted 

in enforceable form as part of a state’s attainment plan for the 

area. 72 FR 20586, at 20614.

20

 

20For ozone nonattainment areas classified as moderate or above, 

CAA section 182(b)(2) also requires implementation of RACT for 

all major sources of VOC and for each VOC source category for 

which EPA has issued a Control Techniques Guideline (CTG). CAA 

section 182(f) requires that RACT under section 182(b)(2) also 

apply to major stationary sources of NOx. In extreme areas, a 

major source is a stationary source that emits or has the 

potential to emit at least 10 tons of VOC or NOx per year. CAA 

section 182(e) and (f). Under the 8-hour ozone implementation 

rule, states were required to submit SIP revisions meeting the 

RACT requirements of CAA sections 182(b)(2) and 182(f) no later 

than 27 months after designation for the 8-hour ozone standard 

(September 15, 2006 for areas designated in April 2004) and to 

implement the required RACT measures no later than 30 months 

after that submittal deadline. See 40 CFR 51.912(a). California 

submitted the CAA section 182 RACT SIP for the South Coast 8-

hour ozone nonattainment area on January 31, 2007, which EPA 

fully approved on December 18, 2008. See 73 FR 76947.
26

CAA section 172(c)(6) requires nonattainment plans to 

“include enforceable emission limitations, and such other 

control measures, means or techniques (including economic 

incentives such as fees, marketable permits, and auctions of 

emission rights), as well as schedules and timetables for 

compliance, as may be necessary or appropriate to provide for 

attainment of such standard in such area by the applicable 

attainment date....” See also CAA section 110(a)(2)(A). The ozone

implementation rule requires that all control measures needed 

for attainment be implemented no later than the beginning of the

attainment year ozone season. 40 CFR 51.908(d). The attainment 

year ozone season is defined as the ozone season immediately

preceding a nonattainment area’s attainment date. 40 CFR

51.900(g).

2. RACM Demonstration and Control Strategy

For the 2007 Ozone Plan and the 2007 State Strategy, CARB, 

the District, and the local agency (through the South Coast’s 

metropolitan planning organization (MPO), the Southern 

California Association of Governments (SCAG)) each undertook a 

process to identify and evaluate potential reasonably available 

control measures that could contribute to expeditious attainment 

of the 1997 8-hour ozone standards in the South Coast 

nonattainment area. We describe each agency’s efforts below.

a. District’s RACM Demonstration and Control Strategy
27

The District’s RACM demonstration, which focuses on 

stationary and area source controls, is described in Chapter 6 

and Appendix VI of the South Coast 2007 AQMP. In developing the 

South Coast 2007 AQMP, the District conducted a process to 

identify RACM for the South Coast that involved public meetings 

to solicit input, evaluation of EPA’s suggested RACM, and 

evaluation of other air agencies’ regulations. See South Coast 

2007 AQMP, Appendix VI.

To identify potential reasonably available measures for the 

South Coast, the District evaluated measures implemented in 

other nonattainment areas (including the San Joaquin Valley, the 

San Francisco Bay Area, Sacramento, Ventura, Dallas-Fort Worth, 

and the Houston-Galveston area) and measures identified by the 

Lake Michigan Air Directors Consortium (LADCO), and held 

meetings with CARB, technical experts, local government 

representatives, and the public during development of the South 

Coast 2007 AQMP. The District sponsored an AQMP summit, which 

generated 200 potential control measures. The District also 

reevaluated all 82 of the existing SIP-approved District rules 

and regulations. 

From the set of identified potential controls, the District 

then screened the identified measures and rejected those that

would not individually or collectively advance attainment in the 

area, had already been adopted as rules, or were in the process 
28

of being adopted. The remaining measures were evaluated taking 

into account baseline inventories, available control 

technologies, and potential emission reductions as well as 

whether the measure could be implemented on a schedule that 

would advance attainment of the 1997 8-hour ozone standard by at 

least a year, assuming a 2024 deadline. South Coast 2007 AQMP, 

Appendix VI.

In general, EPA believes that the District’s current rules 

and regulations are equivalent to or more stringent with respect 

to emissions of ozone precursors than those developed by other 

air districts. 

Based on its RACM analysis for stationary and area sources 

under its jurisdiction, the District scheduled 15 new or revised 

stationary source control measures for development and adoption,

including measures at least as stringent as those identified in 

other California districts’ AQMPs and several innovative 

measures. Since submission of the AQMP in 2007, the District has 

adopted 13 of these rules and submitted them to EPA for approval 

into the SIP. These rules are part of the District’s enforceable 

commitment to achieve emissions reductions of 9 tons per day 

(tpd) of NOx and 19 tpd of VOC by 2023. As to the few remaining 

measures that the District rejected from its RACM analysis, the 

District determined that these measures would not advance the 

attainment date or contribute to RFP due to the insignificant or 
29

unquantifiable emissions reductions they would potentially 

generate. See South Coast 2007 AQMP, Appendix VI.

The District has made new commitments in its South Coast 

2007 AQMP to achieve specific reductions from VOC and NOx sources

in the South Coast area. The District committed to adopt and 

submit measures that will achieve the following additional 

emissions reductions by 2023: 9 tpd NOx and 19 tpd VOC. See 

South Coast 2007 AQMP, Table 4-2A, page 4-10 and CARB Staff 

Report on the South Coast 2007 AQMP, page 13.

21 The District 

expects to meet its emissions reductions commitments for VOC and 

NOx (see Table 2 below) by adopting new control measures and 

programs and strengthening existing control measures, such as 

those identified in Table 4-2A of the South Coast 2007 AQMP (see 

South Coast 2007 AQMP, page 4-10 and CARB Staff Report on South 

Coast 2007 AQMP, p. 13), and through the additional actions 

summarized in the CARB Staff Report on the South Coast 2007 AQMP 

(See CARB Staff Report on South Coast 2007 AQMP, p. 18). These

new or revised control measures include rules to regulate 

lubricants, consumer products, non-RECLAIM ovens, dryers and 

furnaces, space heaters, facility modernizations, livestock 

waste, and residential wood burning. The South Coast 2007 AQMP 

also identifies 22 measures (beyond the new control measures and 

 

21 The CARB Staff Report on the South Coast 2007 AQMP, page ES-4, 

incorrectly states the SCAQMD commitments as 19 tpd NOx and 9 

tpd VOC. 
30

additional actions just discussed) for further review, which may 

yield additional emission reductions. 

 SCAQMD has committed to adopt and implement control 

measures that will achieve the total tonnage of emission 

reductions identified in Tables 2 and 3 of Appendix F of the 

2011 Progress report. As discussed above, the District’s 

commitment is to achieve the total tonnage of reductions of each 

pollutant by the specified dates. If SCAQMD determines that a 

particular measure is infeasible, in whole or in part, SCAQMD 

commits to achieve equivalent reductions on the same schedule 

through substitute controls. South Coast 2007 AQMP, p. 4-73.
Table 2. District Short and Intermediate Term Control Measures Credited in South Coast 

2007 AQMP Attainment Demonstration, as revised in 2011

Control 

measure

Rule 

No.

Title Emissions Reduction 

Commitment in South 

Coast 2007 AQMP, as 

revised in 2011

Emissions Reductions 

Achieveda

NOx VOC NOx VOC

BCM-03 445 Woodburning 

fireplaces and 

woodstoves

n/a n/a 0.1 tpd 0.7 tpd

CTS-01 1144

Metalworking fluids 

and direct-contact 

lubricants n/a 2.0 tpd n/a 4.2 tpd

CTS-03b

Consumer Products 

Certification and 

Emissions Reductions 

from the Use of 

Consumer Products at 

Inst. and Comm’l 

Facilities

n/a n/a n/a n/a

CTS-04 1143 Consumer Paint 

Thinners and MultiPurpose Solventsn/a n/a n/a 10.1 tpd

CMB-01 1147 NOx reductions from 

miscellaneous 

sources

4.1 tpd 4.1 tpd

FUG -

02

461 Gasoline transfer 

and dispensing

n/a 4.0 tpd n/a Met via 

excess 
32

from Rule 

1143

FUG -

04

1149

Storage Tank and 

Pipeline Cleaning 

and Degassing

n/a n/a n/a 0.04 tpd

CMB-03 1111

Further NOx 

reductions from 

space heaters

1.1 tpd n/a 3.0 tpd n/a

MCS-01 1110.2 Liquid and gaseous 

fuels – stationary 

ICEs

2.2 tpd 9.2 tpd 0.54 tpd 0.3 tpd

Measures not yet adopted or not fully approved by EPAc

NOx VOC

MCS-01 1146

NOx from industrial, 

institutional, & 

commercial boilers, 

steam generators, 

and process heaters

Emissions reductions 

not currently 

creditable; EPA 

proposed limited 

approval/limited 

disapproval published 

July 8, 2011, see 76 FR 

40303

1146.1

NOx from small ind, 

inst, & comm’l 

boilers, steam gens, 

and proc. htrs

Emissions reductions 

not currently 

creditable; EPA 

proposed limited 

approval/limited 

disapproval published 

July 8, 2011, see 76 FR

40303
33

EGM-01 2301

Emissions reductions 

from new or 

redevelopment 

projects

0.8 tpd 0.5 tpd Scheduled for adoption 

in 2012

MCS-05 1127 Livestock waste n/a 0.6 tpd EPA has not yet acted 

on this rule.

FLX-02 Refinery pilot 

program

n/a 1.6 tpd Not yet adopted

MOB-05 AB923 LDV high 

emitter program

0.4 tpd 0.7 tpd No rule associated with 

this measure.

MOB-06 AB923 MDV high 

emitter program

0.6 tpd 0.6 tpd No rule associated with 

this measure.

SIP Commitments and Currently Creditable Reductions

2023 SIP commitmentNOx9.2 tpd NOx SIP-creditable 

reductions - NOx

7.7 tpd

2023 SIP commitment -

VOC

19.3 tpd VOC SIP-creditable 

reductions - VOC

15.3 tpd

a From SCAQMD’s 2011 “Revisions to PM2.5 and Ozone State Implementation Plan for South 

Coast Air Basin and Coachella Valley,” which was included as Appendix F in CARB’s 2011 

Progress Report, Tables 2 and 3, and District rule evaluation forms. Some emissions 

reduction commitments were revised from the information originally provided in the South 

Coast 2007 AQMP.

b Adopted by CARB in November 2010. 

c EPA can only credit District rules that have been adopted, submitted to EPA, and 

approved for credit in the SIP.

n/a = not applicable
34

Table 3. Status of District Rules

in the South Coast 2007 AQMP for 8-Hour Ozone

Rule Adoption 

Date

Implementati

on Date SIP status Federal Register cite

Rule 445 –

Woodburning 

fireplaces and 

woodstoves

2008 2008-2014 SIPapproved

74 FR 27716,

06/11/09

Rule 461 –

Gasoline 

transfer and 

dispensing

2009 2010-2012 SIPapproved

71 FR 18216, 

04/11/06

Rule 1149 –

storage tank and 

pipeline 

cleaning and 

degreasing

2008 2008 SIPapproved

74 FR 67821, 

12/21/09

Rule 1144 -

Vanishing oils 

and rust 

inhibitors

2009 2011

proposed 

for SIPapproval

75 FR 41744, 

07/15/11

Rule 1143 -

Consumer Paint 

Thinners and 

Multi-Purpose 

Solvents

2009 2011 Proposed 

for SIPapproval

76 FR 41744, 

07/15/11

Rule 1147 – NOx SIP75 FR 46845, 

08/04/10
35

reductions from 

miscellaneous 

sources

2008 2010

approved

Rule 1111 -

Further NOx 

reductions from 

space heaters

2009 2012-2043 SIPapproved

75 FR 46845, 

08/04/10

Rule 1110.2 –

Liquid and 

gaseous fuels –

stationary ICEs

2008 2011 SIPapproved

74 FR 18995, 

4/27/09

Rule 1146 – NOx 

from industrial, 

institutional, 

commercial 

boilers, steam 

generators, and 

process heaters 

2008 2011

Submitted

Proposed limited 

approval/limited 

disapproval 

7/8/11, 76 FR 

40303

Rule 1146.1 -

NOx from small 

industrial, 

institutional, 

commercial 

boilers, steam 

generators, and 

process heaters

2008 2011

Submitted

Proposed limited 

approval/limited 

disapproval 

7/8/11, 76 FR 

40303 

Rule 1127 -

Livestock Waste

2006 2011 Submitted 

to EPA on 

Found complete on 

10/25/06
36

10/05/06

Refinery Pilot 

Program 2008 2010

Not yet 

adopted N/A

Rule 2301 –

Indirect Source 

Review

2012 2014

Not yet 

adopted N/A

AB923 Light duty 

vehicle high 

emitter program

ongoing ongoing

No rule 

associated 

with this 

measure

N/A

AB923 Light duty 

vehicle high 

emitter program ongoing ongoing

No rule 

associated 

with this 

measure

N/A
37

b. The Local Jurisdiction’s RACM Analysis

The local jurisdiction’s RACM analysis was conducted by the 

metropolitan planning organization (MPO) for the South Coast 

region, the Southern California Association of Governments 

(SCAG). This analysis focused on transportation control measures 

(TCMs). TCMs are, in general, measures designed to reduce 

emissions from on-road motor vehicles through reductions in 

vehicle miles traveled or traffic congestion. SCAG’s analysis is

described in Appendix IV-C of the South Coast 2007 AQMP. The 

TCMs in the South Coast 2007 AQMP are derived from TCM projects 

in the 2006 SCAG Regional Transportation Improvement Program 

(RTIP). This evaluation, described beginning on page 49 of 

Appendix IV-C of the South Coast 2007 AQMP, resulted in 

extensive local government commitments to implement programs to 

reduce auto travel and improve traffic flow. South Coast 2007 

AQMP page 6-6 and Appendix IV-C. Attachment A to Appendix IV-C 

contains an extensive list of TCMs under development and newly 

scheduled TCMs. See South Cost 2007 AQMP, Appendix IV-C, p. 39.

SCAG evaluated a wide variety of transportation control 

measures, including those measures listed in CAA section 108(f), 

and determined that there were no combinations of reasonable 

measures that would advance attainment of the 8-hour ozone 
38

standard in the South Coast. See South Coast 2007 AQMP, Appendix 

IV-C. 

c. CARB’s RACM Demonstration and Control Strategy

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. 

Given the need for significant emissions reductions from 

mobile and area sources to meet the NAAQS in California 

nonattainment areas, the State of California has been a leader 

in the development of stringent control measures nationwide for 

on-road and off-road mobile sources and the fuels that power 

them. See, e.g., 2007 State Strategy, p. 37; see also TSD at 

Appendix A. California has unique authority under CAA section 

209 (subject to 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.

The State is working with EPA on goods movement activities 

and is implementing programs to reduce emissions from ship 

auxiliary engines, locomotives, harbor craft and new cargo 

handling equipment. In addition, the State has standards for 

lawn and garden equipment, recreational vehicles and boats, and 
39

other off-road sources that require newly manufactured equipment 

to be 80-98 percent cleaner than their uncontrolled 

counterparts. Id. Finally, the State has adopted many measures 

that focus on achieving reductions from in-use mobile sources 

that include more stringent inspection and maintenance 

requirements in California’s Smog Check program, truck and bus 

idling restrictions, and various incentive programs. Appendix A 

of the TSD includes a list of all measures adopted by CARB 

between 1990 and the beginning of 2007. These measures, 

reductions from which are reflected in the Plan’s baseline 

inventories, fall into two categories: measures that are subject 

to a waiver of Federal pre-emption under CAA section 209 

(section 209 waiver measures or waiver measures) and those for 

which the State is not required to obtain a waiver (non-waiver 

measures). Emissions reductions from waiver measures are fully 

creditable in attainment and RFP demonstrations and may be used 

to meet other CAA requirements, such as contingency measures. 

See TSD, section II.C. and EPA’s proposed and final approval of 

the SJV 1-Hour Ozone Plan at 74 FR 33933, 33938 (July 14, 2009) 

and 75 FR 10420 (March 8, 2010). Generally, the State’s baseline 

non-waiver measures have been approved by EPA into the SIP and 
40

are fully creditable for meeting CAA requirements. See TSD, 

Appendix A.

CARB developed its proposed 2007 State Strategy after an 

extensive public consultation process to identify potential SIP 

measures.

22 Through this process, CARB identified and has 

committed to develop 15 new or revised control measures. See 

also the discussion on enforceable commitments below. These 

measures focus on cleaning up the in-use fleet as well as 

increasing the stringency of emissions standards for a number of 

engine categories, fuels, and consumer products. They build on 

CARB’s existing program, which addresses emissions from all 

types of mobile sources through both regulations and incentive 

programs. See Appendix A of the TSD. Table 4 lists the defined 

measures in the 2007 State Strategy and their current adoption 

and approval status. Table 5 provides the State’s current 

estimate of the expected emissions reductions from these 

measures in the attainment year (2023), which would contribute 

to achieving the State’s aggregate emission reduction commitment

for that year.

 

22 More information on this public process including 

presentations from the workshops and symposium that preceded the 

adoption of the 2007 State Strategy can be found at 

www.arb.ca.gov/planning/sip/2007sip/2007sip.htm
41

Table 4. 2007 State Strategy Defined Measures Scheduled for 

Consideration and Current Status (Updated July 2011)

State Measure Expected 

Action Year Current Status

Smog Check 

Improvements 2007-2009

Elements approved 75 

FR 38023 (July 1, 

2010)23

Expanded Vehicle 

Retirement 2007

Adopted by CARB June 

2009; by BAR,

September 2010. 

Modifications to 

Reformulated 

Gasoline Program

2007 Approved, see 75 FR 

26653 (May 2, 2010)

Cleaner In-use 

Heavy Duty Trucks

2007,

2008, 2010

Proposed approval 76 

FR 40652 (July 11, 

2011)

Auxiliary Ship Cold 

Ironing and Other 

Clean Technologies

2007-2008 Adopted December 2007

Cleaner Main Ship 

Engines and Fuels

Fuel: 2008-

2011

Engines: 2008

Proposed approval 76 

FR 40652 (July 11, 

2011)

Port Truck 

Modernization 

2007, 2008, 

2010

Adopted December 2007 

and December 2008

Accelerated 

Introduction of 

Cleaner Locomotives

2008

Prop 1B funds awarded 

to upgrade line-haul 

locomotive engines not 

already accounted for 

by enforceable 

agreements with the 

railroads. Those 

cleaner line-hauls 

will begin operation 

by 2012.

 

23 California Assembly Bill 2289, passed in 2010, requires the 

Bureau of Automotive Repair (BAR) to direct older vehicles to 

high performing auto technicians and test stations for 

inspection and certification effective 2013. Reductions shown 

for the SmogCheck program in the 2011 Progress Report do not 

include reductions from AB 2289 improvements. See CARB Progress 

Report Supplement, Attachment 5.
42

Clean Up Existing 

Harbor Craft 2007, 2010 Adopted November 2007, revised June 2010.

Cleaner In-Use OffRoad Equipment 2007, 2010 Waiver decision 

pending

New Emissions 

Standards for 

Recreational Boats

2013 Action expected in 

2013

Expanded Off-Road 

Recreational 

Vehicle Emissions 

Standards

2013 Action expected in 

2013

Enhanced Vapor 

Recovery for Above 

Ground Storage 

Tanks

2008 Adopted June 2007, 

effective June 2008

Additional 

Evaporative 

Emissions Standards

2009, 2013 Action expected 2013

Consumer Products 

Program (I & II)

2008, 2009, & 

2011

Approved 74 FR 57074 

(November 4, 2009) and 

76 FR 27613 (May 12, 

2011)

Source: 2009 State Strategy Status Report, p. 23, 2011 Progress 

Report, Table 1, and 2011 Ozone SIP Revision, Appendix A-3. 

Additional information from www.arb.ca.gov.

Table 5. Expected Emissions Reductions from Defined Measures in 

the 2007 State Strategy for the South Coast (2023 planning 

inventory, tpd)

Measure 2023 NOx 2023 VOC

Smog Check Improvements 

(BAR) [partial]

1.2 5.3

Cleaner In-Use Heavy-Duty 

Trucks 27.4 1.3

Ship Auxiliary Engine Cold 

Ironing & Clean Technology 28.4 0.7

Cleaner Main Ship Engines 

and Fuel [engine portion] 44.5 0.8

Clean Up Existing Harbor 

Craft 10 0.4

Cleaner In-Use Off-Road 

Equipment (>25hp) 3.2 0.3
43

Consumer Products Program 

[partial] -- 7.1

Totals: 114.7 15.9

Source: CARB 2011 Ozone SIP Revision Supplement, Attachment 1. 

The 2007 State Strategy includes an enforceable commitment

to achieve aggregate emissions reductions of 141 tpd of NOx and 

54 tpd of VOC by the attainment year (2023). See Table 6. The 

2007 State Strategy demonstrates that these CARB commitments, in 

combination with existing SIP-creditable measures, the 

District’s commitments, and reduction commitments from the CAA 

section 182(e)(5) new technologies provision, will be sufficient 

to attain the 1997 8-hour NAAQS in the South Coast nonattainment 

area by the applicable attainment date of June 15, 2024. CARB 

also made enforceable commitments to achieve aggregate emissions 

reductions in the RFP milestone years of 2014 and 2020. See 2009

State Strategy Status Report, p. 20 and CARB Resolution 07-28, 

Attachment B, p. 4. See Table 6 below. The nature of these

commitments is described in the State Strategy as follows:

“The total emission reductions from the new measures 

necessary to attain the federal standards are an 

enforceable State commitment in the SIP. While the 

proposed State Strategy includes estimates of the 

emission reductions from each of the individual new 
44

measures, it is important to note that the commitment of 

the State Strategy is to achieve the total emission 

reductions necessary to attain the federal standards, 

which would be the aggregate of all existing and proposed 

new measures combined. Therefore, if a particular measure 

does not get its expected emission reductions, the State 

still commits to achieving the total aggregate emission 

reductions, whether this is realized through additional 

reductions from the new measures or from alternative 

control measures or incentive programs. If actual 

emission decreases occur in any air basin for which 

emission reduction commitments have been made that are 

greater than the projected emissions reductions from the 

adopted measures in the State Strategy, the actual 

emission decreases may be counted toward meeting ARB’s 

total emission reduction commitments.”

CARB Resolution 07-28 (September 27, 2007), Appendix B, p. 3.

Table 6. CARB Commitments to Specific Aggregate Emissions 

Reductions (tons per summer day)

2014 20201 2023

2023

CAA section 

182(e)(5)2

VOC 46 52 54 40
45

2014 20201 2023

2023

CAA section 

182(e)(5)2

NOx 152 144 141 241

Source: 2009 State Strategy Update, p. 20.

1 No commitments to VOC or NOx reductions in 2017; 2020 

commitment in the South Coast is necessary to provide for 

attainment in the downwind nonattainment areas.

2The anticipated reductions of VOC and NOx from 182(e)(5) 

measures will be reassessed as new SIPs are developed and 

revised. 2009 State Strategy Update, p. 20. 

d. CAA Section 182(e)(5) New or Improved Technologies Provisions

For ozone nonattainment areas classified as extreme, the 

CAA recognizes that an attainment demonstration may need to rely 

to a certain extent on new or evolving technologies, given the 

relatively long time between developing the initial plan and 

attaining the standard and the degree of emissions reductions 

needed to attain. To address these needs, CAA section 182(e)(5) 

authorizes EPA to approve provisions in an extreme area plan 

which “anticipate development of new control techniques or 

improvement of existing control technologies,” and to approve an 

attainment demonstration based on such provisions, if the State 

demonstrates that: (1) such provisions are not necessary to 

achieve the incremental emission reductions required during the 
46

first 10 years after November 15, 1990;24 and (2) the State has 

submitted enforceable commitments to develop and adopt 

contingency measures to be implemented if the anticipated 

technologies do not achieve the planned reductions. CAA 

182(e)(5). The State must submit these contingency measures to 

EPA no later than 3 years before proposed implementation of 

these long-term measures, and the contingency measures must be 

“adequate to produce emissions reductions sufficient, in 

conjunction with other approved plan provisions, to achieve the 

periodic emissions reductions required by [CAA sections 

182(b)(1) or (c)(2)] and attainment by the applicable dates.” 

Id. 

The General Preamble further provides that the new 

technology measures contemplated by section 182(e)(5) may

include those that anticipate future technological developments 

as well as those that require complex analyses, decision making 

and coordination among a number of government agencies. See

General Preamble at 13524. An attainment demonstration that 

relies on long-term new technology measures under section 

182(e)(5) must identify any such measures and contain a schedule 

 

24 Consistent with provisions in our implementation regulations 

for the 1997 ozone NAAQS at 40 CFR part 51, subpart X, we 

interpret this 10 year timeframe to run from the effective date 

of designation for the 1997 ozone NAAQS.
47

outlining the steps leading to final development and adoption of 

the measures. Id. 

CARB and the SCAQMD have demonstrated a clear need for 

emissions reductions from new and improved control technologies 

to reduce air pollution in the South Coast. The adopted control 

measures and enforceable commitments, discussed above, provide 

the majority, but not all, of the balance of the emissions 

reductions needed to attain by June 15, 2024. See 2007 State 

Strategy, p. 54. The State Strategy and South Coast AQMP rely on 

commitments to achieve additional reductions of 241 tpd NOx and 

40 tpd VOC by 2023 from new and improved technologies consistent 

with the requirements of section 182(e)(5). See 2009 State 

Strategy Status Report, p. 20. The new technology provisions 

(also called “long-term measures”) described in the revised 2007 

State Strategy and South Coast 8-Hour Ozone SIP are not relied 

on to demonstrate RFP; they are relied on solely for attainment 

by June 15, 2024. They are accompanied by an enforceable 

commitment by the State to adopt and submit contingency measures 

no later than 3 years before implementation, as required by CAA 

section 182(e)(5). We provide our analysis of these new 

technology provisions below. 
48

CARB and the California districts have a longstanding 

history of successfully adopting and implementing technologyadvancing regulations and innovative control measures. They have 

worked closely with research scientists and the regulated 

industry to develop regulations that are stringent enough to 

compel technology development, yet flexible enough to encourage 

industry innovations. CARB has provided a list of potential 

long-term control measures which include increased durability of 

emission control equipment in passenger vehicles, tighter engine 

emission standards, cleaner ground support equipment at 

airports, and prioritizing federal transportation funding to 

support air quality goals. See pp. 56-57 of the 2007 State 

Strategy. The SCAQMD has also provided a list of potential 

advanced control technologies and innovative approaches that 

could achieve the long-term reductions (See South Coast 2007 

AQMP, pp. 4-54 to 4-71). SCAQMD also has an active Technology 

Advancement Office. The South Coast technology advancement 

efforts include, though are not limited to: Heavy-Duty Class 8 

Electric Trucks, Vehicle Maintenance, Commercial Green Cleaners, 

Fireplace Gas Log Buy-down, Residential Yard Equipment and 

Commercial Leaf Blower Exchange, Boiler and Process Heater 
49

Efficiency Upgrades, Architectural Coating Rebates, and zeroemission electric delivery trucks.

CARB has also provided updates to its list of potential 

long-term measures in both the 2009 State Strategy update and 

the 2011 ozone SIP revision. The SCAQMD has also provided a more 

specific list of potential technologies, which may be used to 

fulfill the new technology commitments. SCAQMD’s list of 

potential projects includes (but is not limited to) extensive 

retirement of high-emitting light duty vehicles, accelerated 

penetration of zero-emitting vehicles, retrofit and I/M for 

heavy duty vehicles, more stringent fuel specifications and use 

of diesel alternatives, more stringent marine vessel standards 

and programs, advanced and zero-emitting technologies for 

locomotives/cargo transportation, accelerated replacement of 

pleasure craft, more stringent aircraft standards, and ultra-low 

VOC formulations for consumer products. See South Coast AQMP, 

Table 4-9, p. 4-56. See 2009 State Strategy Status Report, pp. 

25-27 and 2011 Ozone SIP Revision, Appendix A, pp. A-8 to A-12.

To implement the long-term strategy, CARB has committed to 

a process that will help ensure that the long-term measures are 

adopted and that reductions are achieved by the beginning of the

last full ozone season before the attainment date. CARB is
50

coordinating a government, private and public effort to 

establish emission goals for critical mobile and stationary 

emission source categories. The effort includes periodic 

assessment of technology advancement opportunities and updates 

to the Board and the public regarding new emission control

opportunities and progress in achieving the long-term measure 

reductions. CARB’s commitment for implementing the long-term 

strategy also includes (a) sharing results through periodic

briefings to the Board, workshops, conferences, symposia, 

website postings and other means, (b) working to secure 

resources for continuing research and development of new 

technologies, and (c) developing schedules for moving from 

research to implementation. Id.

An initial step in the long-term strategy was the signing 

of a Memorandum of Agreement (MOA) between the U.S. EPA, CARB 

and the South Coast and San Joaquin Valley Air Districts to 

commit to developing and testing new sustainable technologies to 

accelerate progress in meeting air quality goals. The goal of 

the MOA is to help align agency research resources to evaluate 

innovative technologies and assess new monitoring equipment to 

better measure mobile and stationary source emissions. The MOA 

agencies have also established a Clean Air Technology Working 
51

Group to help bring together the necessary participants (e.g., 

scientists, engineers, analysts and agency specialists) to 

achieve the goals of the MOA. 2009 State Strategy Status Report, 

pp. 25-27. For the South Coast, the focus has been on 

demonstrating new technologies for goods movement activities at

a large intermodal rail yard in the City of San Bernardino, and 

on the more than 1000 stationary and area emission sources in 

the South Coast (e.g., auto repair shops, transportation 

facilities, concrete and aggregate operations, military 

installations, printing and coating operations, and 

manufacturing facilities). See 2011 Ozone SIP Revision, p. A-9.

Other State programs that may achieve emissions reductions 

to help meet CARB’s 182(e)(5) commitment include: potential cobenefits from California’s climate change programs where State 

legislation (Assembly Bill 32 – Global Warming Solutions Act of 

2006 (AB 32)) aims to reduce Greenhouse Gas (GHG) in 2020 to 

1990 levels or by about 30%; California’s Air Quality 

Improvement Program (AQIP), an incentive program that supports 

the deployment of hybrid and zero-emission vehicles and other 

advanced technologies today in order to achieve the large-scale 

reductions needed in the future; and California’s annual 

research program, which identifies projects and provides funding 
52

to help provide timely scientific and technical information 

needed for air quality control programs. In addition, the South 

Coast AQMD has identified a clean energy strategy that focuses 

agencies and business leaders on using the cleanest 

technologies, making efficient land-use decisions, cleaner 

energy generation (solar and fuel cells), modernizing old 

inefficient power plants and improving building energy use. See 

2011 Ozone SIP Revision, pp. A-10 to A-12.

In addition to its commitment to the process discussed 

above, CARB has committed to submit an 8-hour ozone SIP revision 

by 2020 that will: (1) reflect modifications to the 2023 

emission reduction target based on updated science and (2) 

identify additional strategies and implementing agencies needed 

to achieve the needed reductions by the beginning of the 2023

ozone season. See 2011 Ozone SIP Revision, p. A-8. 

CARB’s 2011 Ozone SIP Revision updates and reaffirms both 

the “long-term strategy commitment to identify and implement 

advanced technologies to reduce ozone-forming emissions in the 

State Strategy” and the State’s enforceable commitment “to 

develop, adopt, and submit contingency measures by 2020 if 

advanced technology measures do not achieve planned reductions.” 

See CARB Resolution 11-22, July 21, 2011. Finally, CARB has 
53

committed to meet annually with EPA to discuss strategies to 

maximize the clean air benefits of emerging advanced 

technologies and to provide annual summaries of strategies and 

activities.

25

The long-term strategy commitment for the South Coast 8-

Hour Ozone SIP satisfies the two criteria in CAA section 

182(e)(5)(A) and (B) as follows. First, as mentioned above, the 

South Coast 8-Hour Ozone SIP does not rely on any of these new 

technology reductions to demonstrate RFP in any milestone year 

between 2008 and 2020. CARB has committed to achieve 241 tpd of 

NOx and 40 tpd of VOC reductions through new technology measures 

approved under section 182(e)(5) only in the attainment year 

(2023). We note that the amount and relative proportion of 

reductions from measures scheduled for long-term adoption under 

section 182(e)(5), as compared to measures already adopted in 

regulatory form or scheduled for near-term adoption, should 

clearly decrease in any future SIP update, and that EPA will not 

approve a SIP revision that contains an increase in the amount 

or relative proportion of section 182(e)(5) new technology 

measures without a convincing showing in a SIP revision that the 

 

25 See letter, James Goldstene, Executive Officer, CARB, to Jared 

Blumenfeld, Regional Administrator, EPA Region 9, dated August 

29, 2011.
54

technologies relied upon in the near-term rules have been found 

to be technologically infeasible or ineffective in achieving 

emissions reductions in the near term.

Second, CARB has submitted an enforceable commitment to 

submit adopted contingency measures to EPA by 2020 as required 

by CAA section 182(e)(5). See CARB Resolution 11-22, July 21, 

2011. These contingency measures must be adequate to produce 

emissions reductions sufficient, in conjunction with other 

approved plan provisions, to achieve the periodic emissions 

reductions required by CAA sections 182(b)(1) or (c)(2) and 

attainment by the applicable dates. See CAA 182(e)(5). EPA will 

approve or disapprove these contingency measures in accordance 

with CAA section 110.

Based on the above discussion and evaluations, we propose 

to determine that the long-term strategy for the South Coast 8-

Hour Ozone SIP satisfies the requirements of CAA 182(e)(5).

3. Proposed Actions on RACM Demonstration and Control Strategy

As described above, the District evaluated a range of 

potentially available measures for inclusion in its 2007 Ozone 

Plan and committed to adopt those it found to be reasonably 

available for implementation in the South Coast nonattainment 

area. The process and the criteria the District used to select 
55

certain measures and reject others were consistent with EPA’s 

RACM guidance. The evaluation processes undertaken by SCAG and 

the State were also consistent with EPA’s RACM guidance. See

e.g., General Preamble at 13560 and Seitz memo.

Based on our review of these RACM analyses and the 

District’s and California’s adopted rules, as well as their 

commitments to adopt and implement additional control measures, 

we propose to find that there are, at this time, no additional 

reasonably available control measures (including reasonably 

available control technology) that would advance attainment of 

the 1997 8-hour ozone standard in the South Coast. Therefore, we 

propose to find that the South Coast 2007 AQMP, together with 

the 2007 State Strategy, provide for the implementation of all 

RACM as required by CAA section 172(c)(1).

We propose to approve the SCAQMD’s commitments to achieve 

specific aggregate reductions of NOx and VOC emissions by 

specific years as given in Table 4-2A of the 2007 AQMP, as 

revised by Tables 2 and 3 of the 2007 Progress Report, Appendix 

F, and as shown in Table 2 above. 

We propose to approve CARB's commitments to propose certain 

defined measures, as given in Table B-1 in Appendix B of the

2011 Progress Report, and Appendix B, Table B-1 in the 2011 
56

Ozone SIP Revision. We also propose to approve CARB’s commitment 

to achieve the total aggregate emissions reductions necessary to 

demonstrate RFP and to attain the 1997 8-hour ozone standard in 

the South Coast nonattainment area, as given in 2009 State 

Strategy Status Report, p. 20 and CARB Resolution 07-28, 

Attachment B, p. 4, and shown in Table 6 above. See CARB 

Resolution 07-28 (September 27, 2007), Appendix B, p. 4.

Finally, we are proposing to approve CARB’s and the 

District’s long-term strategy commitments in the South Coast 

2007 8-Hour Ozone Plan under the new technology provisions of 

CAA section 182(e)(5). This proposal is based on our proposed 

findings that these commitments satisfy the two criteria in CAA 

section 182(e)(5)(A) and (B). First, the South Coast 2007 8-Hour 

Ozone Plan does not rely on any of these new technology 

reductions to demonstrate RFP in any milestone year between 2008 

and 2020. CARB has committed to achieve 241 tpd of NOx and 40 

tpd of VOC reductions through new technology measures approved 

under section 182(e)(5) only in the attainment year (2023). We 

note that the amount and relative proportion of reductions from 

measures scheduled for long-term adoption under 182(e)(5), as 

compared to measures already adopted in regulatory form or 

scheduled for near-term adoption, should clearly decrease in any 
57

future SIP update, and that EPA will not approve a SIP revision 

that contains an increase in the amount or relative proportion 

of 182(e)(5) new technology measures without a convincing 

showing in a SIP revision that the technologies relied upon in 

the near-term rules have been found to be technologically 

infeasible or ineffective in achieving emissions reductions in 

the near-term. 

Second, CARB has submitted an enforceable commitment to 

submit adopted contingency measures to EPA by 2020 as required 

by CAA 182(e)(5). See CARB Resolution 11-22, July 21, 2011. 

These contingency measures must be adequate to produce emissions

reductions sufficient, in conjunction with other approved plan 

provisions, to achieve the periodic emissions reductions 

required by CAA section 182(b)(1) or (c)(2) and attainment by 

the applicable attainment date. See CAA 182(e)(5). Following the 

State’s submittal of these contingency measures, EPA will 

approve or disapprove the provisions in accordance with CAA 

section 110.

C. Attainment Demonstration 

1. Requirements for Attainment Demonstrations

CAA section 182(c)(2)(A) requires states with ozone 

nonattainment areas classified as serious or above to submit 
58

plans that demonstrate attainment of the applicable ambient air 

quality standard as expeditiously as practicable but no later 

than the outside date established in the CAA.

26 The attainment 

demonstration is due within three years of the area’s 

designation as nonattainment (40 CFR 51.908), and should

include: 

(1) technical analyses that locate and identify sources of 

emissions that are contributing to violations of the 8-hour 

ozone NAAQS within the nonattainment area; 

(2) adopted measures with schedules for implementation and 

other means and techniques necessary and appropriate for 

attainment; and

(3) contingency measures required under section 172(c)(9) 

of the CAA.

See 70 FR 71612 at 71624.

The requirements for the first two items are described in 

the sections on emissions inventories and RACM above (sections 

IV.A. and IV.C.) and in the sections on air quality modeling and 

attainment demonstration that follow immediately below. 

Requirements for the third item are described in the sections on 

 

26 EPA’s regulation at 40 CFR 51.903(a) translates the maximum 

attainment periods in Table 1 of section 181, which are 

specifically linked to enactment of the 1990 CAA Amendments, for 

purposes of attaining the 1997 8-hour ozone NAAQS.
59

the control strategy and the contingency measures (sections V.B. 

and V.F.), respectively.

2. Air Quality Modeling in the South Coast 2007 AQMP

Below, we discuss the applicable statutory and regulatory 

requirements for modeled attainment demonstrations and EPA 

guidance on air quality modeling for the 1997 8-hour ozone 

standard, the air quality modeling analysis supporting the 

attainment demonstration in the State’s submittal, and our 

evaluation of these modeling analyses as part of the attainment 

demonstration SIP. 

a. CAA and Regulatory Requirements for 8-Hour Ozone Air Quality 

Modeling and EPA Guidance

For any ozone nonattainment area classified as serious or

above, section 182(c)(2)(A) of the CAA specifically requires the 

State to submit a modeled attainment demonstration based on a 

photochemical grid modeling evaluation or any other analytical 

method determined by the Administrator to be at least as 

effective as photochemical modeling. EPA’s ozone implementation 

rule in 40 CFR section 51.908 also specifies this requirement 

and in addition requires that each attainment demonstration meet 

the requirements of section 51.112, including Appendix W to 40 

CFR part 51, as interpreted in EPA guidance. See, e.g.,
60

“Guidance on the Use of Models and Other Analyses for Air 

Quality Goals in Attainment Demonstrations for Ozone, PM2.5, and 

Regional Haze,” April 2007 (hereafter referred to as “EPA’s 2007 

attainment demonstration guidance documents”). These guidance 

documents describe the criteria that an air quality model and 

its application should meet to qualify for use in an 8-hour 

ozone attainment demonstration. For more detail on EPA’s 

evaluation of the modeling in the South Coast 8-hour ozone 

attainment demonstration, see the “Modeling and Other Analyses 

Attainment Demonstration” (section II.B.) of the TSD for today’s 

proposal. The modeling section of the TSD also includes a 

complete list of applicable modeling guidance documents. These 

documents describe the components of the attainment 

demonstration, explain how the modeling and other analyses 

should be conducted, and provide overall guidance on the 

technical analyses for attainment demonstrations.

As with any predictive tool, inherent uncertainties are 

associated with photochemical grid modeling. EPA’s guidance 

recognizes these limitations and provides recommended approaches 

for considering other analytical evidence to help assess whether 

attainment of the NAAQS is likely. This process is called a 

weight of evidence (WOE) analysis. 
61

EPA’s modeling guidance (updated in 1996, 1999, and 2002) 

discusses various WOE analyses. EPA’s modeling guidance was

updated in 2005 and 2007 for the 1997 8-hour attainment 

demonstration procedures to include a WOE analysis as an 

integral part of any attainment demonstration. This guidance 

strongly recommends that all attainment demonstrations include 

supplemental analyses beyond the recommended modeling. These 

supplemental analyses would provide additional information such 

as data analyses, and emissions and air quality trends, which 

would help strengthen the conclusion based on the photochemical

grid modeling. A WOE analysis is specifically recommended for 

inclusion in any attainment demonstration SIP where the modeling 

results predict Future Design Values (FDVs) ranging from 82 to 

less than 88 ppb (see EPA’s 2007 attainment demonstration 

guidance documents). 

b. 8-Hour Attainment Demonstration Modeling and Weight of 

Evidence in the South Coast 2007 AQMP

i. Photochemical Grid Modeling Attainment Demonstration Results

a. Photochemical Grid Model. The model selected for the Final 

2007 AQMP attainment demonstrations is the Comprehensive Air 

Quality Model with Extensions (CAMx), version 4.4 (Environ, 

2006), using Statewide Air Pollution Research Center-99 (SAPRC-
62

99) gas phase mechanisms (Carter, 2000).

27 The modeling system 

(including the photochemical model, meteorological inputs, and 

chemical mechanism) is consistent with the previous advice of 

outside peer reviewers. CAMx is a state-of-the-art air quality 

model that can simulate ozone and PM2.5 concentrations together 

in a “one-atmosphere” approach for attainment demonstrations. 

CAMx is designed to integrate the output from both prognostic 

and diagnostic meteorological models.

b. Episode Selection. Six meteorological episodes from three 

years are used as the basis for the plan. The 2003 AQMP 

benefited from the intensive monitoring conducted under the 1997 

Southern California Ozone Study (SCOS 1997) where the August 4-

7, 1997 episode was the cornerstone of the modeling analysis. 

One of the primary modeling episodes that was used in the 2003 

AQMP, August 5-6, 1997, was also selected for this plan. In 

addition, five episodes that occurred during the Multiple Air 

Toxics Exposure Study III (MATES-III) sampling program in 2004 

(August 7-8) and 2005 (May 21-22, July 15-19, August 4-6, and 

August 27-28) were selected. 

 

27 Carter, W.P.L., May 8, 2000a. Documentation of the SAPRC-99 

chemical mechanism for VOC reactivity assessment. Report to the 

California Air Resources Board, Contracts 92-329 and 95-308.
63

c. Model Performance. Model performance was evaluated in three 

zones in the South Coast Basin: the San Fernando Valley; the 

eastern San Gabriel, Riverside and San Bernardino Valleys; and 

Los Angeles and Orange County. Normalized Gross Bias, 

Normalized Gross Error, and Peak Prediction Accuracy were 

determined for each area. Although not a requirement for 

determining acceptable model performance, the performance 

statistics were compared to the EPA performance goals presented 

in guidance documents. The performance goals for Normalized 

Gross Error and Peak Prediction Accuracy were met in the eastern 

San Gabriel, Riverside and San Bernardino Valleys. In general, 

the statistic for bias (Normalized Gross Bias) tends to be 

negative, indicating that the model tends to slightly underpredict ozone. Based on their analysis, South Coast concludes 

and EPA agrees that model performance is acceptable for this 

application.

ii. Modeling Approaches for the SCAQMD Attainment Demonstration

CAMx simulations were conducted for the base year 2002, and 

future-year 2023 baseline and controlled emissions.28

 

28 Future year controlled emissions were estimated from the 

baseline emissions using the CEPA control factors for the 

simulations, are given in Table V-4-4 of the 2007 South Coast 

AQMP, Appendix V.
64

The ozone attainment demonstration relies on the use of sitespecific relative response factors (RRFs) being applied to the 

2002 weighted design values. The RRFs are determined from the 

future year controlled and the 2002 base year simulations. The 

initial screening for station days to be included in the 

attainment demonstration included the following criteria: (1) 

having an observed concentration equaling or exceeding 85 ppb, 

and (2) a simulation predicted base year (1997, 2004 or 2005) 

concentration over 60 ppb. Additional criteria were added to the 

selection process as the simulations were evaluated. A minimum 

of five episode days are recommended to determine the site 

specific RRF. The selection criteria for the episode days and 

the process of applying the RRFs to the CAMX modeling are 

discussed in more detail in the TSD for today’s action. 

iii. Results of SCAQMD Modeling

The results of the attainment demonstration for 2023 

indicate that the federal 1997 8-hour ozone standard would be 

attained by June 15, 2024 at all monitors with the 2023 

controlled emissions inventory. The attainment targets (420 tpd

VOC and 114 tpd NOx) are based on both short-term and long-term 

control measures. With controls in place, it is expected that 

all stations in the South Coast ozone nonattainment area will 
65

meet the federal 1997 8-hour ozone standard in calendar year 

2023 (i.e., by June 15, 2024). The east Basin stations of 

Crestline and Fontana are projected to have the highest 8-hour 

ozone design values of 83 ppb and 81 ppb respectively. Both 

sites are downwind receptors along the primary wind transport 

route that moves precursor emissions and developing ozone 

eastward by the daily sea breeze. Future year projections of 

ozone along the northerly transport route through the San 

Fernando Valley indicate that the ozone design value in the

Santa Clarita Valley will be 74 ppb, which is approximately 13 

percent below the standard, in 2023.

In addition to the monitor-based attainment test, the AQMP 

includes an unmonitored area analysis. This review is intended 

to ensure that a control strategy leads to reductions in ozone 

at other locations which could have baseline (and future) design 

values exceeding the NAAQS were a monitor deployed there. The

unmonitored area analysis indicates projected 2024 controlled 8-

hour ozone design concentrations at or below 84 ppb for all grid 

cells in the South Coast Air Basin.

c. EPA’s Evaluation and Proposed Conclusion on the Modeling 

Demonstration
66

Our evaluation of the air quality modeling analyses and 

supporting information provided in the South Coast 2007 Ozone 

SIP indicate that the South Coast area will attain the 1997 8-

hour ozone standard by its attainment date of June 15, 2024. In 

addition to the attainment demonstration provided in the South 

Coast 2007 Ozone SIP, we have considered supplemental technical 

information, including ambient air quality monitoring data, 

which was not available at the time the attainment modeling was 

performed by SCAQMD. This information is discussed in more 

detail in the TSD. The modeling shows significant reductions in 

ozone from the base period. The modeling predicts values of 83 

ppb or below at all of the twenty ozone monitoring stations. The 

most recent ambient air quality data that we have reviewed

indicate that the area is on track to attain the 1997 8-hour 

ozone standard by 2024. The peak ozone design values have 

dropped from 128 ppb in 2000-2002 to 112 ppb in 2008-2010.

Based on the analysis above and in the TSD, EPA proposes to 

find that the air quality modeling provides an adequate basis 

for the RACM, RFP and attainment demonstrations in the South 

Coast 2007 8-Hour Ozone Plan.

3. Enforceable Commitments in the Attainment Demonstration

Table 8 below summarizes the measures that are relied upon 
67

in the South Coast 2007 AQMP’s 8-hour ozone attainment 

demonstration to achieve the carrying capacities shown in Table 

7. This attainment demonstration was updated by the 2011 Ozone 

SIP revision to reflect adjustments to future year baseline 

inventories and adopted controls. 

Table 7. Emissions Carrying Capacity Estimates for the South 

Coast Nonattainment Area for 8-Hour Ozone Attainment (tons/day, 

based on summer planning inventory)

NOx VOC

114 420

Source: South Coast 2007 AQMP, Table 5-6, page 5-21.

As shown in Table 8, the majority of emissions reductions 

the State projects are needed for attaining the 8-hour ozone 

standard in the South Coast nonattainment area by 2024 come from 

baseline measures. These baseline measures include numerous 

adopted District and State measures that generally have been 

approved by EPA either through the SIP process or the CAA 

section 209 waiver process. See Appendices A and B of the TSD

for a list of these measures. We have also accounted for ARB’s 

improvements to the emissions inventories, discussed above in 

section IV.A, in the attainment year baseline emissions level 

(see Table 8, row D). The remaining reductions needed for 

attainment are to be achieved through the District’s and CARB’s 

enforceable commitments to achieve aggregate emission reductions 
68

in the South Coast either through defined control measures or 

through their commitments to develop new or improved

technologies under CAA section 182(e)(5). Since the submittal of 

the South Coast 2007 AQMP and 2007 State Strategy, the District 

and CARB have adopted numerous control measures that have 

significantly reduced the amount of emissions reductions that 

still need to be achieved through these commitments. See Table 

9. 

Table 8. Summary of South Coast’s 8-Hour Ozone Attainment 

Demonstration (tons per summer planning day)

NOx VOC

A Revised 2002 baseline emissions level 1024 881

B Attainment target level 114 420

C Total reductions needed from 2002 

baseline levels to demonstrate 

attainment (A-B)

910 461

D Attainment year baseline emissions 

level (from 2011 Ozone SIP Revision 

Supplement, “new 2023 baseline”)

493 529

E

Reductions from baseline measures and 

improvements to the emissions 

inventory (A-D)

531 352

F

Reductions needed from control 

strategy measures including reductions 

from new technologies (D-B)

379 109

Source: 2011 Ozone SIP Revision, Appendix B, and 2011 Ozone SIP 

Revision Supplement.
69

Table 9. Reductions Needed for Attainment Remaining as 

Commitments Based on SIP-Creditable Measures (tons per summer 

planning day in 2023)

NOx VOC

A Total reductions needed from baseline 

and control strategy measures to 

attain 

910 461

B Reductions from baseline measures and 

emissions inventory improvements

531 352

C Total reductions from approved 

measures (District - Table 2 above, 

and CARB - Table 5 above)

7.7 

+114.7= 

122.4

15.3 + 

15.9 = 

31.2

D Total reductions remaining as 

commitments and reductions from new 

technology measures (A-B-C)

256.6 77.8

E

Reductions remaining as CARB 

enforceable commitments1 14.3 33.1

F

Reductions remaining as District 

enforceable commitments2 1.5 3.9

G

Total reductions remaining as 

reductions from new technologies (CAA 

section 182(e)(5) 241 40

H Percent of reductions needed for 

attainment from new control measures, 

not including reductions from new 

technologies [(E+F)/A]

2% 8%

1Calculated by subtracting from CARB’s 2023 NOx commitment of 141 

tpd and VOC commitment of 54 tpd (Table 8) the adjustments to 

baseline from State and federal sources from 2011 Ozone SIP 

Revision Supplement, Attachment 1 (12 tpd NOx, 5 tpd VOC) and 

emissions reductions from currently SIP-creditable State 

measures from Table 5 (114.7 tpd NOx, 15.9 tpd VOC). 

2 From Table 2 above in section IV.B., difference between 

District commitments and SIP-creditable measures.
70

As shown in Table 9, reductions in the projected baseline 

inventory from measures already adopted by the District and 

State (both prior to and as part of the South Coast 2007 AQMP 

and 2007 State Strategy), which EPA has approved/waived or 

proposed to approve, provide the great majority of the emissions 

reductions needed to demonstrate attainment of the 1997 8-hour 

ozone standard in the South Coast. The balance is in the form of 

either enforceable commitments to specific aggregate emissions 

reductions by the District and CARB, or emissions reductions 

from new or improved technologies under CAA section 182(e)(5). 

In this section, we discuss the enforceable commitments that are 

a part of the attainment demonstration in the South Coast 2007 

Ozone Plan.29

We believe that, with respect to the 2007 South Coast 8-

hour Ozone SIP, circumstances warrant the consideration of 

enforceable commitments as part of the attainment demonstration 

for the South Coast. As shown in Table 9 above, a substantial 

portion of NOx emissions reductions and the majority of the VOC 

 

29Based on SIP-creditable measures adopted to date, the South 

Coast 2007 Ozone Plan does not rely on enforceable commitments 

to aggregate emissions reductions to demonstrate RFP or to meet 

any other applicable requirement of the CAA. Therefore, we 

discuss here only those enforceable commitments relied on to 

demonstrate attainment. 

, 
71

reductions needed to demonstrate attainment in the South Coast

come from rules and regulations that were adopted prior to 2007, 

i.e., from baseline measures. As a result of these State and 

District efforts, most sources in the South Coast nonattainment

area are currently subject to stringent rules adopted and 

approved by EPA prior to the development of the 2007 State 

Strategy and the South Coast 2007 AQMP, leaving few 

opportunities (and generally more technologically and 

economically challenging ones) to further reduce emissions. In 

the South Coast 2007 AQMP and the 2007 State Strategy, the 

District and CARB identified potential control measures that 

could provide many of the additional emissions reductions needed 

for attainment. See 2007 Ozone Plan, Chapter 5 and 2007 State 

Strategy, Chapter 5. However, the timeline needed to develop, 

adopt, and implement these measures went beyond the 

November 2007 submittal date of the South Coast 8-hour Ozone 

SIP. These circumstances warrant the District’s and CARB’s 

reliance on enforceable commitments as part of the attainment 

demonstration in the South Coast 2007 AQMP and 2007 State 

Strategy. 

Given the State’s demonstrated need for reliance on 

enforceable commitments, we now consider the three factors EPA 
72

uses to determine whether the use of enforceable commitments in 

lieu of adopted measures to meet a CAA planning requirements is

approvable: (a) does the commitment address a limited portion of 

the statutorily-required program; (b) is the state capable of 

fulfilling its commitment; and (c) is the commitment for a 

reasonable and appropriate period of time.

a. Commitments are a Limited Portion of Required Reductions

For the first factor, we look to see if the commitment 

addresses a limited portion of a statutory requirement, such as 

the amount of emissions reductions needed to demonstrate 

attainment in a nonattainment area. For this calculation, 

reductions assigned to the new technologies provision (CAA 

section 182(e)(5) are not counted as commitments.30

As shown in Table 9 above, the remaining portions of the 

emission reductions needed to demonstrate attainment of the 1997 

8-hour ozone standard in the South Coast nonattainment area 

(i.e., of the State’s total enforceable commitments), after 

 

30 CAA section 182(e)(5) specifically allows EPA to approve an 

attainment demonstration that relies on reductions from new 

technologies. This provision is separate from the requirement in 

CAA section 172(c)(6) for enforceable emissions limitations 

under which enforceable commitments are considered. As a result, 

reductions attributed in the attainment demonstration to new 

technologies are not considered part of the State’s enforceable 

commitments for purposes of determining the percentage of 

reductions needed for attainment that remain as commitments.
73

accounting for State and District measures approved/waived by 

EPA since 2007 and emissions reduction commitments assigned to 

CAA section 182(e)(5) measures, are 15.8 tpd NOx and 37 tpd VOC. 

When compared to the total reductions needed to demonstrate

attainment (not including the CAA section 182(e)(5) reductions 

in the attainment demonstration), the remaining portion of the 

enforceable commitments represents approximately 2 percent of 

the needed NOx reductions and 8 percent of the needed VOC 

reductions. Historically, EPA has approved SIPs with enforceable 

commitments in the range of 10 percent or less of the total 

needed reductions for attainment. See our approval of the SJV 

PM10 Plan at 69 FR 30005 (May 26, 2004), the SJV 1-hour ozone 

plan at 75 FR 10420 (March 8, 2010), the Houston-Galveston 1-

hour ozone plan at 66 FR 57160 (November 14, 2001), proposed 

approval of the SJV 2007 PM2.5 SIP at 76 FR 41338 (July 13, 

2011), and proposed approval of the South Coast PM2.5 SIP at 76 

FR 41562 (July 14, 2011). Thus, the State’s commitment addresses 

a limited proportion of the required emission reductions.

b. The State is Capable of Fulfilling its Commitment

For the second factor, we consider whether the District and 

State are capable of fulfilling their commitments. 
74

As discussed above, CARB has adopted and submitted the 2009 

State Strategy Status Report and the 2011 Ozone SIP Revision 

which update and revise the 2007 State Strategy. These 

submittals show that CARB has made significant progress in 

meeting its enforceable commitments for the South Coast 8-hour 

ozone nonattainment area and several other nonattainment areas 

in California. The District has also made significant progress 

in meeting its enforceable commitments for the attainment year 

of 2023. It has adopted rules that are projected to achieve 

additional reductions of NOx and VOC in future years as shown in 

Table 2 above. In addition to the rules discussed above, both 

CARB and the District have well-funded incentive grants programs 

to reduce emissions from the on- and off-road engine fleets.

Reductions from several of these programs have yet to be 

quantified and/or credited in the attainment demonstration. See, 

for example, Tables 2 and 3 in Appendix F of the 2011 Progress 

Report.

Given the State's and District’s efforts to date to reduce 

emissions, we believe that the State and District are capable of 

meeting their enforceable commitments to adopt measures that 

will reduce emissions of NOx and VOC to the levels needed to 

attain the 1997 8-hour ozone standard in the South Coast 8-hour 
75

ozone nonattainment area by the attainment date, as shown in 

Table 9.

c. The Commitment is for a Reasonable and Appropriate Timeframe

For the third and last factor, we consider whether the 

commitment is for a reasonable and appropriate period of time. 

In order to meet the commitments to adopt measures to 

reduce emissions to the levels needed to attain the 1997 8-hour 

ozone standard in the South Coast nonattainment area by 2023, 

the South Coast 2007 AQMP and 2007 State Strategy include

ambitious rule development, adoption, and implementation 

schedules. The State has committed to adopt the rules needed to 

achieve the few remaining reductions by 2023. We believe that 

this period is appropriate given the technological and economic 

challenges associated with the control measures that will be 

needed to achieve these reductions and the State’s required 

procedures for development and adoption of these measures. In 

addition, these reductions are not needed to meet earlier RFP 

targets and the adoption and submission timeframe ensures 

adequate time for implementation by the beginning of the last 

full ozone season (2023) prior to the June 15, 2024 attainment 

date. See Tables 2 and 4 above. Thus, the commitment is for a 

reasonable and appropriate period of time.
76

4. Proposed Action on Attainment Demonstration

In order to approve a SIP’s attainment demonstration, EPA 

must make several findings.

First, we must find that the demonstration’s technical 

bases, including the emissions inventories and air quality 

modeling, are adequate. As discussed above in section IV.A and 

IV.C.2, we are proposing to approve the revised base year 

emissions inventory, and to find the air quality modeling 

adequate to support the attainment demonstration.

Second, we must find that the SIP provides for expeditious 

attainment through the implementation of all RACM. As discussed 

above in section IV.C., we are proposing to approve the RACM 

demonstration in the South Coast 2007 AQMP as meeting the 

requirements of CAA section 172(c)(1).

Third, we must find that the emissions reductions that are 

relied on for attainment are creditable and are sufficient to 

provide for attainment. As shown in Table 9, the South Coast 

2007 AQMP relies primarily on adopted and approved/waived rules 

to achieve the emissions reductions needed to attain the 1997 8-

hour ozone standards in the South Coast by June 15, 2024. The 

balance of the reductions projected to be needed for attainment 

is currently in the form of enforceable commitments to adopt 
77

measures to achieve aggregate tonnage reductions of VOC or NOx 

in the near term from available technologies and measures, and 

an enforceable commitment to adopt and submit in the longer term 

measures relying on the development and deployment of new 

technologies that will achieve specific aggregate tonnage 

reductions of VOC and NOx.

EPA has previously accepted enforceable commitments in lieu 

of adopted control measures in attainment demonstrations when 

the circumstances warrant them and the commitments meet three 

criteria. As discussed above in section IV.C.3., we believe that 

circumstances here warrant the consideration of enforceable 

commitments, and that the three criteria are met: 1) the 

commitments constitute a limited portion of the required

emissions reductions; 2) both the State and District are capable 

of meeting their commitments; and 3) the commitments are for an

appropriate timeframe. Based on these evaluations, we are 

proposing to approve the enforceable commitments as part of the 

attainment demonstration. 

CAA section 182(e)(5) allows extreme ozone nonattainment 

area plans under certain conditions to include provisions for 

the development of new technologies in the SIP and allows EPA to 

approve attainment demonstrations based, in part, on those 
78

provisions. For the reasons discussed in section IV.B., we 

propose to find that California has met the conditions for 

relying on new technology provisions in its attainment 

demonstration for the South Coast nonattainment area. 

For the foregoing reasons, we propose to approve the 

attainment demonstration in the South Coast 2007 Ozone Plan. 

D. Reasonable Further Progress Demonstration 

1. Requirements for Reasonable Further Progress

CAA Section 172(c)(2) requires that plans for nonattainment 

areas shall provide for reasonable further progress (RFP). RFP 

is defined in section 171(1) as “such annual incremental 

reductions in emissions of the relevant air pollutant as are 

required by [Part D – Plan Requirements for Nonattainment Areas] 

or may reasonably be required by the Administrator for the 

purpose of ensuring attainment of the applicable [NAAQS] by the 

applicable date.” CAA Section 182(b)(1) specifically requires 

that ozone nonattainment areas that are classified as moderate 

or above demonstrate a 15 percent reduction in ozone precursor 

emissions between the years of 1990 and 1996. For ozone 

nonattainment areas classified as serious or higher, section 

182(c)(2)(B) also requires a 3 percent per year reduction of 
79

ozone precursor emissions until attainment, in addition to the 

15 percent reduction required under CAA 182(b)(1).

CAA Section 182(b)(1)(D) prohibits the state from including 

emissions reductions from pre-1990 federal motor vehicle 

programs when demonstrating RFP. In other words, the reductions 

from these programs are not creditable when demonstrating RFP. 

The ozone implementation rule for the 1997 8-hour ozone 

NAAQS interprets the RFP requirements for the purposes of the 

1997 8-hour ozone standards, establishing requirements for RFP 

that depend on the area’s classification as well as whether the 

area has an approved 15 percent reduction plan for the 1-hour 

ozone standard that covers all of the 8-hour ozone nonattainment 

area. See 40 CFR 51.910(a) and 70 FR 71612. In 1997, EPA 

approved a 15 percent rate of progress (ROP) plan for the South 

Coast, which covers the entire nonattainment area for the 1997 

8-hour ozone standard. See 62 FR 1150 (January 8, 1997). As a 

result, the State does not need to demonstrate another 15 

percent reduction in VOC for this area. Instead, under the ozone 

implementation rule, the 8-hour ozone SIP for South Coast must 

provide for an average of 3 percent per year of VOC and/or NOx

emissions reductions for (1) the 6-year period beginning January 

1 of the year following the year used for the baseline and (2) 
80

all remaining 3-year periods after the first 6-year period out 

to the area's attainment date. 40 CFR 51.910(a)(1)(ii)(B). 

Except as specifically provided in CAA section 182(b)(1)(C),

emissions reductions from all SIP-approved, federally 

promulgated, or otherwise SIP-creditable measures that occur 

after the baseline are creditable for purposes of demonstrating 

that the RFP targets are met.

The RFP demonstration must calculate and exclude the noncreditable reductions described in CAA 182(b)(1)(D). These noncreditable reductions include emissions reductions from pre-1990 

federal motor vehicle programs. The method for calculating the 

target emissions levels is found in Appendix A to the preamble 

of the ozone implementation rule. See 70 FR 71612 at 71696. 

2. RFP Demonstration in the South Coast 2007 AQMP

California has made several submittals to address the RFP 

requirement for the 1997 8-hour ozone standard in the South 

Coast 8-hour ozone nonattainment area. The original RFP 

demonstration is in Chapter 6 of the South Coast 2007 AQMP. The 

demonstration addresses NOx and VOC emissions and uses the 2002 

annual average inventory as the baseline emissions inventory and 

2023 as the attainment year. See South Coast 2007 AQMP, Table 6-

2A and 6-2B. CARB submitted a revised RFP demonstration for the 
81

South Coast 8-hour ozone nonattainment area on July 29, 2011 as 

part of the 2011 Ozone SIP Revision. The 2011 submission 

reflected revisions to several significant control measures 

since the submission of the SIP in 2007, as well as changes to 

the on-road diesel and off-road construction emissions 

estimates. Table 10 below summarizes the South Coast ozone RFP 

demonstration as revised by the 2011 Ozone SIP Revision.

Table 10. 2011 Revisions to the 8-hour Ozone SIP

Reasonable Further Progress Calculations

South Coast (Summer Season, tons per day)

2002 2008 2011 2014 2017 2020 2023 

Baseline ROG 880.

5 

632.

0 

579.9 535.2 519.8 513.9 513.4 

CA MVCP/RVP 

Adjustment

0.0 56.1 73.0 86.6 93.7 98.3 101.6 

RACT Corrections 0.0 0.0 0.0 0.0 0.0 0.0 0.0 

Adjusted 2002 

Baseline ROG in 

milestone year

880.

5 

824.

5 

807.6 793.9 786.8 782.3 778.9 

RFP commitment 

for ROG 

reductions from 

new measures

0.0 0.0 0.0 0.0 0.0 0.0 0.0 

Future Year ROG 

with existing 

and proposed 

measures 

632.

0 

579.9 535.2 519.8 513.9 513.4 

Required % 

change since 

previous 

milestone year 

(ROG or NOx) 

compared to 2002 

18% 9% 9% 9% 9% 9% 

Required % 

change since 

2002 (ROG or 

NOx)

18% 27% 36% 45% 54% 63%
82

Target ROG 

levels

676.

1 

599.8 533.4 479.0 431.7 389.8 

Apparent 

shortfall in ROG

-

44.1 

-19.9 1.7 40.8 82.2 123.6 

Apparent 

shortfall in 

ROG, %

-

5.3% 

-2.5% 0.2% 5.2% 10.5% 15.9% 

ROG shortfall 

previously 

provided by NOx 

substitution, %

0% 0.0% 0.0% 0.2% 5.2% 10.5% 

Actual ROG 

shortfall, %

-

5.3% 

-2.5% 0.2% 5.0% 5.3% 5.4% 

Baseline NOx 1024

.1 

728.

3 

591.2 532.1 478.8 428.2 378.4 

CA MVCP 

Adjustment 

0.0 64.7 80.6 93.0 98.3 102.4 105.9 

Adjusted 2002 

Baseline NOx in 

milestone year 

1024

.1 

959.

4 

943.4 931.1 925.8 921.7 918.2 

RFP commitment 

for NOx 

reductions from 

new measures 

0.0 0.0 0.0 0.0 0.0 0.0 0.0 

Change in NOx 

since 2002 

231.

1 

352.3 398.9 447.0 493.5 539.7 

Change in NOx 

since 2002, % 

24.1

% 

37.3% 42.8% 48.3% 53.5% 58.8% 

NOx reductions 

since 2002 

already used for 

RFP substitution 

and contingency 

through last 

milestone year, 

% 

0.0% 3.0% 3.0% 3.2% 8.2% 13.5% 

NOx reductions 

since 2002 

available for 

RFP substitution 

and contingency 

in this 

milestone year, 

24.1

% 

34.3% 39.8% 45.1% 45.4% 45.3% 
83

%

Change in NOx 

since 2002 used 

for ROG 

substitution in 

this milestone 

year, %

0.0% 0.0% 0.2% 5.0% 5.3% 5.4% 

Change in NOx 

since 2002 

available for 

contingency in 

this milestone 

year, % 

3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 

Change in NOx 

since 2002 

surplus after 

meeting 

substitution and 

contingency 

needs in this 

milestone year, 

%

21.1

% 

34.3% 39.6% 40.1% 40.0% 39.9% 

RFP Met? YES YES YES YES YES YES 

Source: CARB 2011 Ozone SIP Revision, Appendix A, Table A-1.

3. Proposed Action on the RFP Demonstration

CARB has correctly calculated the RFP target levels for the 

appropriate years following the method provided in the ozone 

implementation rule and preamble. See 40 CFR 51.910 and 70 FR 

71612 at 71631-71650. As shown in Table 10, the South Coast 2007 

8-hour Ozone SIP provides for RFP in each milestone year, 

consistent with applicable CAA requirements and EPA guidance. We 

propose, therefore, to approve the RFP demonstration under 

sections 182(b)(1) and 182(c)(2) of the CAA. 
84

E. Transportation Control Strategies and Transportation Control 

Measures to Offset Emissions Increases from VMT Increases, To 

Provide for RFP and Attainment

1. Requirements for Transportation Control Strategies and 

Transportation Control Measures to Offset Emissions Growth, to 

Provide for RFP and Attainment

CAA section 182(d)(1)(A) requires that areas classified as 

severe or extreme submit transportation control strategies 

(TCSs) and transportation control measures (TCMs) sufficient to 

offset any growth in emissions from growth in VMT or the number 

of vehicle trips, and to provide (along with other measures) the 

reductions needed to meet the applicable RFP requirement. CAA 

section 182(d)(1)(A) also requires that states choose and 

implement such measures as are specified in section 108(f), to 

the extent needed to demonstrate attainment. In selecting the 

measures, Congress directed that States “should ensure adequate 

access to downtown, other commercial and residential areas, and 

should avoid measures that increase or relocate emissions and 

congestion rather than reduce them.” CAA 182(d)(1)(A).

EPA believes that it is appropriate to treat the three 

required elements of section 182(d)(1)(A)(i.e., offsetting 

emissions growth, attainment of the RFP reduction, and 
85

attainment of the ozone NAAQS) as separable. As to the first 

element of CAA section 182(d)(1)(A) (i.e., offsetting emissions 

growth), EPA has historically interpreted this CAA provision to 

allow areas to meet the requirement by demonstrating that 

emissions from motor vehicles decline each year through the 

attainment year. General Preamble at 13521, 13522. 31

2. Transportation Control Strategies and Transportation Control 

Measures to Offset Emissions Growth, to Provide for RFP and 

Attainment in the South Coast 2007 Ozone SIP

Information in Table 6-12 on page 6-27 of the South Coast 

AQMP reproduced in Table 11 shows that on-road motor vehicle 

Table 11. On-Road Motor Vehicle Emissions in the South Coast 

2002-2023 (summer planning inventory, tons per day)1,2

Year Baseline Remaining

VOC NOx VOC NOx

2002 360 611 360 611

2003 341 595 341 595

 

31 See also 60 FR 48896 (September 21, 1995) approval of 

Illinois’ vehicle miles traveled plan for the Chicago area; 62 

FR 23410 (April 30, 1997) and 62 FR 35100 (June 30, 1997), 

proposed and final approval of New Jersey’s 15 percent ROP plan 

and other provisions for the New York-New Jersey-Connecticut 

ozone nonattainment area; 66 FR 23849 (May 10, 2001), approval 

of the New York’s attainment demonstration and related 

provisions for the New York-New Jersey-Connecticut ozone 

nonattainment area; 66 FR 57247 (November 14, 2001), approval of 

the VMT offset plan for the Houston-Galveston ozone 

nonattainment area; 70 FR 25688 (May 13, 2005), approval of the 

Washington, D.C. area’s 1-hour attainment demonstration and 

related provisions; and 70 FR 34358 (June 14, 2005), approval of 

Atlanta’s VMT plan.
86

2004 321 579 321 579

2005 302 563 302 563

2006 273 518 273 518

2007 243 472 243 472

2008 214 441 210 438

2009 199 419 195 413

2010 186 379 164 330

2011 176 355 154 291

2012 166 331 144 252

2013 157 309 135 219

2014 148 287 126 191

2015 142 269 119 174

2016 135 250 113 162

2017 129 232 109 160

2018 124 216 101 135

2019 119 200 96 120

2020 114 184 93 112

2021 110 176 91* 78

2022 107 169 88* 52

2023 103 161 86 27

2024 95 146 76 24

Source: South Coast 2007 AQMP, Chapter 6, Table 6-12.

1These values were incorrectly listed as 88 for 2021 and 85 for 

2022 in the 2007 South Coast AQMP. See Letter, Elaine Chang, 

DrPH, Deputy Executive Officer, SCAQMD, to Wienke Tax, EPA 

Region 9, Air Division, dated August 12, 2011 in the docket for 

today’s action.

2”Baseline” emissions account for controls adopted prior to the 

2007 AQMP. “Remaining” emissions include the impacts of economic 

growth and implementation of the plan’s control strategy.

emissions of VOC and NOx decline steadily in the South Coast 

from 2002 to 2023. This decline in emissions is due to EPA’s and 

California’s on-road mobile source programs, California’s clean 

fuels and SmogCheck programs, and CARB’s in-use truck and bus 

rule. As discussed above in section IV.B, these programs are 

fully creditable for SIP planning purposes in attainment and RFP 
87

demonstrations, including demonstrating compliance with section 

182(d)(1). The on-road emissions in Table 11 are calculated 

using EMFAC2007 (the most recent EPA-approved mobile source 

emissions model in California) and the same transportation 

activity projections used to develop the RFP and attainment 

demonstrations and transportation conformity motor vehicle 

emissions budgets in the South Coast 2007 Ozone Plan. South 

Coast 2007 AQMP, p. 6-23 and 6-27.

As described above in section IV.B., SCAG evaluated a wide 

variety of transportation control strategies and measures, 

including those measures listed in CAA section 108(f), and 

determined that there were no combinations of reasonable 

measures that would expedite attainment of the 8-hour ozone 

standard in the South Coast. See South Coast 2007 AQMP, Appendix 

IV-C. 

3. Evaluation and Conclusions

Because both VOC and NOx emissions from on-road mobile 

sources decline steadily over the entire time period covered by 

the South Coast 2007 Ozone Plan, the SIP need not include 

additional TCSs and TCMs to offset growth in motor vehicle 

emissions from growth in VMT. We propose, therefore, to find 

that the South Coast 2007 8-hour ozone SIP, as corrected on 
88

August 12, 2011, meets the requirement in CAA section 

182(d)(1)(A) to include TCSs and TCMs sufficient to offset any 

growth in emissions from growth in VMT or the number of vehicle 

trips.

In Association of Irritated Residents v. EPA, 632 F.3d 584 

(9th Cir. 2011), the U.S. Court of Appeals for the Ninth Circuit 

held that, with respect to the first element, section 

182(d)(1)(A) of the CAA requires States to adopt transportation 

control measures and strategies whenever vehicle emissions are 

projected to be higher than they would have been had vehicle 

miles traveled not increased, even when aggregate vehicle 

emissions are actually decreasing. EPA has filed a petition for 

rehearing on this issue. Docket Nos. 09-71383 and 09-71404 

(consolidated), Docket Entry 41-1, Petition for Panel Rehearing.

The Ninth Circuit has yet to issue its mandate in the 

Association of Irritated Residents case, and EPA has not adopted 

the court’s interpretation for the reasons set forth in the 

Agency’s petition for rehearing, pending a final decision by the 

court. If the court denies the Agency’s petition for rehearing 

and issues its mandate before EPA issues a final rule on the 

South Coast 2007 Ozone SIP, then we anticipate that we would not 

be able to finalize approval of the South Coast 2007 Ozone SIP 
89

with respect to the first element (i.e., offsetting emissions 

growth) of section 182(d)(1)(A). Therefore, in today’s action, 

and in the alternative to the proposed approval, we are 

simultaneously proposing to disapprove the South Coast 2007 

Ozone SIP with respect to the first element (i.e., offsetting 

emissions growth) of section 182(d)(1)(A) based on the plan’s 

failure to include sufficient transportation control strategies

and TCMs to offset the emissions from growth in VMT. If EPA were 

to finalize the proposed disapproval, the area would be eligible 

for a protective finding under the transportation conformity 

rule because the submitted SIP contains adopted control measures 

and enforceable commitments that fully satisfy the emissions 

reductions requirements for reasonable further progress and 

attainment.32 40 CFR 93.120(a)(3)

As discussed above in section IV.D., we are proposing to 

find that the South Coast 2007 8-Hour Ozone SIP provides for RFP 

consistent with all applicable CAA and EPA regulatory 

 

32 An area would not be eligible for a protective finding under 

the transportation conformity regulation if EPA finalizes a 

disapproval of a control strategy implementation plan revision 

(i.e., a plan that demonstrates reasonable further progress or 

attainment)because the plan revision does not contain adopted 

control measures or written commitments to enforceable control 

measures that fully satisfy the emissions reductions 

requirements relevant to the statutory provision for which the 

implementation plan revision was submitted. 40 CFR 93.120(a)(3) 
90

requirements. Therefore, we also propose to find that the SIP 

meets requirement in CAA section 182(d)(1)(A) to include TCSs 

and TCMs as necessary to provide (along with other measures) the 

reductions needed to meet the applicable RFP requirement.

Finally, as discussed in section IV.B. and IV.C. above, we 

are proposing to find that the South Coast 2007 8-Hour Ozone SIP 

provides for expeditious attainment of the 1997 8-hour ozone 

standard. Therefore, we propose to find that the SIP meets the 

requirement in CAA section 182(d)(1)(A) to include strategies 

and measures to the extent needed to demonstrate attainment.

F. Contingency Measures 

1. Requirements for Contingency Measures

Under the CAA, ozone nonattainment areas classified under 

subpart 2 as moderate or above must include in their SIPs 

contingency measures consistent with sections 172(c)(9) and 

182(c)(9). Contingency measures are additional measures to be

implemented in the event the area fails to meet an RFP milestone

or fails to attain by the applicable attainment date. These 

contingency measures must be fully adopted rules or control 

measures that are ready to be implemented quickly upon failure 

to meet the milestones or attainment. The SIP should contain 

trigger mechanisms for the contingency measures, specify a 
91

schedule for implementation, and indicate that the measure will 

be implemented without significant further action by the State 

or by EPA. See 68 FR 32802 at 32837 and 70 FR 71612 at 71650. 

Additional guidance on the CAA contingency measure 

provisions is found in the General Preamble, 57 FR at 13510–

13512 and 13520. The guidance indicates that states should adopt 

and submit contingency measures sufficient to provide a 3

percent emissions reduction from the adjusted RFP baseline. EPA 

concludes this level of reductions is generally acceptable to 

offset emission increases while States are correcting their 

SIPs. These reductions should be beyond what is needed to meet 

the attainment and/or RFP requirement. States may use reductions 

of either VOC or NOx or a combination of both to meet the 

contingency measure requirements. 57 FR at 13520, footnote 6.

EPA guidance provides that contingency measures may be 

implemented early, i.e., prior to the milestone or attainment 

date.

33 Consistent with this policy, States are allowed to use 

excess reductions from already adopted measures to meet the CAA 

sections 172(c)(9) and 182(c)(9) contingency measures 

requirement. This is because the purpose of contingency measures 

 

33 Memorandum, G.T. Helms, Chief, Ozone/Carbon Monoxide Programs 

Branch to Air Directors, “Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,” June 1, 1992.
92

is to provide extra reductions that are not relied on for RFP or 

attainment, and that will provide a cushion while the plan is 

being revised to fully address the failure to meet the required 

milestone. Nothing in the CAA precludes a State from 

implementing such measures before they are triggered. This 

approach has been approved by EPA in numerous SIPs. See 62 FR 

15844 (April 3, 1997) (approval of the Indiana portion of the 

Chicago area 15 percent ROP plan); 62 FR 66279 (December 18, 

1997) (approval of the Illinois portion of the Chicago area 15 

percent ROP plan); 66 FR 30811 (June 8, 2001) (proposed approval 

of the Rhode Island post-1996 ROP plan); 66 FR 586 and 66 FR 634 

(January 3, 2001) (approval of the Massachusetts and Connecticut 

1-hour ozone attainment demonstrations). In the only adjudicated 

challenge to this approach, the court upheld it. See LEAN v. 

EPA, 382 F.3d 575 (5th Cir. 2004). 70 FR 71612 at 71651.

In addition, CAA section 182(e)(5) authorizes EPA to 

“approve provisions of an implementation plan for an Extreme 

Area which anticipate development of new control techniques or 

improvement of existing control techniques, and an attainment 

demonstration based on such provisions,” if the State meets 

certain criteria. CAA 182(e)(5). Such plan provisions may 

include enforceable commitments to submit, at a later date, 
93

contingency measures for failure to attain under CAA section 

172(c)(9), in addition to the contingency measures to be 

implemented if the anticipated technologies approved under 

section 182(e)(5) do not achieve planned reductions. These 

contingency measures must be submitted no later than three years 

before proposed implementation of the plan provisions and 

approved or disapproved by EPA in accordance with CAA section 

110. Id.

2. Contingency Measures in the South Coast 2007 AQMP

The attainment plan for the South Coast nonattainment area

includes contingency measures to be implemented if the area 

fails to attain by its attainment date or fails to meet RFP 

requirements. The contingency measures for the South Coast 

nonattainment area are described in Chapter 9 of the South Coast 

2007 AQMP, discussed in more detail in Appendix IV-A, section 2 

of the AQMP, and also discussed in Appendix D of the 2007 State 

Strategy as updated on February 1, 2008. The provisions were 

again updated in CARB’s 2011 Ozone SIP Revision, Appendix A.

Contingency measures for failure to make RFP. To provide 

for contingency measures for failure to make RFP, the SIP relies 

on surplus NOx reductions in the RFP demonstration. See 2011 
94

Ozone SIP Revision, Attachment A, p. A-1. See also Table 10

above.

Contingency measures for failure to attain. To provide for 

contingency measures for failure to attain, the SIP relies on 

the additional incremental emissions reductions resulting from 

fleet turnover in calendar year 2024. This includes the 

incremental additional emissions reductions that will occur in 

2024 (the year after the attainment year) from the continuing 

implementation of both on- and off-road motor vehicle controls. 

For the South Coast, these reductions are 2 tpd of NOx and 1 tpd 

of VOC. See CARB 2011 Ozone SIP Supplement, Attachment 2.

Additionally, as discussed above in section IV.B., we are 

proposing to determine that CARB and the SCAQMD have satisfied 

the criteria in section 182(e)(5) for reliance on the new 

technology provision as part of the attainment demonstration in 

the South Coast 8-Hour Ozone SIP. Based on the State’s 

anticipated development of these new technologies, CARB has 

submitted an enforceable commitment to submit, no later than 

2020, additional contingency measures under CAA section 

182(e)(5) that meet the requirements for attainment contingency 

measures in CAA section 172(c)(9), in addition to contingency 

measures to be implemented if the anticipated long-term measures 
95

approved pursuant to section 182(e)(5) do not achieve planned 

reductions. CARB Resolution 11-22, July 2011, p. 4. 

3. Proposed Action on the Contingency Measures

Contingency measures for failure to make RFP. As discussed 

above in section IV.D., we are proposing to approve the South 

Coast 2007 8-Hour Ozone SIP’s RFP demonstration. As seen from 

the RFP demonstration in Table 10, there are sufficient excess 

reductions of NOx in each milestone year beyond those needed to 

meet the next RFP percent reduction requirement to provide the 3 

percent of adjusted baseline emissions reductions needed to meet 

the RFP contingency measure requirement for 2011, 2014, 2017, 

and 2020.

No RFP contingency measures are needed for 2008, since the 

2011 Ozone SIP Revision demonstrates that South Coast has 

already met its 2008 milestone. See Table 10 above. As a result, 

contingency measures for failure to meet the 2008 RFP benchmark 

would never be triggered and thus are not needed. 

Contingency measures for failure to attain. The 

incremental additional emissions reductions that will occur in 

2024 (the year after the attainment year) from the continuing 

implementation of both on- and off-road motor vehicle controls 

may be used to meet the contingency measure requirement for 
96

failure to attain. For the South Coast, these reductions are 2 

tpd of NOx and 1 tpd of VOC. See 2011 Ozone SIP Revision 

Supplement, Attachment 2. 

In addition, based on our proposal to determine that the 

State has satisfied the criteria in section 182(e)(5) for 

reliance on long-term measures as part of the attainment 

demonstration in the South Coast 8-Hour Ozone SIP, we propose to 

approve CARB’s enforceable commitment to submit no later than 

2020, additional contingency measures under CAA section 

182(e)(5) which meet the requirements for attainment contingency 

measures in CAA section 172(c)(9), in addition to contingency 

measures to be implemented if the anticipated long-term measures 

approved pursuant to section 182(e)(5) do not achieve planned 

reductions.34

Accordingly, we propose to approve the RFP and attainment 

contingency measures in the South Coast 2007 Ozone SIP under CAA 

sections 172(c)(9) and 182(c)(9), based in part on CARB’s 

commitment to submit by 2020 additional contingency measures 

meeting the requirements of CAA sections 172(c)(9) and 

182(e)(5). Following the State’s submittal of these additional 

 

34 These contingency measures should, at a minimum, ensure that 

an appropriate level of emissions reduction progress continues 

to be made if attainment is not achieved and additional planning 

by the State is needed. See General Preamble at 13524.
97

contingency measures, EPA will approve or disapprove the 

provisions in accordance with CAA section 110. 

G. Motor Vehicle Emissions Budgets for Transportation Conformity

CAA Section 176(c) requires Federal actions in 

nonattainment and maintenance areas to conform to the SIP’s 

goals of eliminating or reducing the severity and number of 

violations of the NAAQS and achieving expeditious attainment of 

the standard. Conformity to the SIP’s goals means that such 

actions will not (1) cause or contribute to violations of a 

NAAQS, (2) worsen the severity of an existing violation, or (3) 

delay timely attainment of any NAAQS or any interim milestone. 

Actions that involve Federal Highway Administration (FHWA) 

or Federal Transit Administration (FTA) funding or approval are 

subject to EPA’s transportation conformity rule, which is 

codified in 40 CFR part 93, subpart A. Under this rule, 

metropolitan planning organizations (MPOs) in nonattainment and 

maintenance areas coordinate with state and local air quality 

and transportation agencies, EPA, FHWA, and FTA to demonstrate 

that an area’s regional transportation plans (RTP) and 

transportation improvement programs (TIP) conform to the 

applicable SIP. This demonstration is typically done by showing 

that estimated emissions from existing and planned highway and 
98

transit systems are less than or equal to the motor vehicle 

emissions budgets (budgets) contained in the SIP. An attainment, 

maintenance, or RFP SIP establishes budgets for the 

attainment year, each required RFP year or last year of the 

maintenance plan, as appropriate. Budgets are generally 

established for specific years and specific pollutants or 

precursors.

Ozone attainment and RFP plans establish budgets for NOx and 

VOC. See 40 CFR 93.102(b)(2)(i).

Before an MPO may use budgets in a submitted SIP, EPA must 

first either determine that the budgets are adequate or approve 

the budgets. In order for us to find the budgets adequate and 

approvable, the submittal must meet the conformity adequacy 

requirements of 40 CFR 93.118(e)(4) and (5) and be approvable 

under all pertinent SIP requirements. To meet these 

requirements, the budgets must be consistent with the approvable 

attainment and RFP demonstrations and reflect all of the motor 

vehicle control measures contained in the attainment and RFP 

demonstrations. See 40 CFR 93.118(e)(4)(iii), (iv) and (v).

2. Motor Vehicle Emissions Budgets in the South Coast 2007 8-

Hour Ozone SIP
99

As submitted on November 28, 2007, the 2007 South Coast 

AQMP included a set of ozone precursor budgets for VOC and NOx 

for RFP years 2008, 2011, 2014, 2017 and 2020 and an attainment 

year budget for 2023. On April 30, 2008, CARB submitted a SIP 

revision that replaced the original set of 8-hour ozone budgets 

with two sets of replacement budgets. CARB labeled these sets as 

“baseline” and “SIP-based” budgets with sets of 8-hour ozone 

budgets for RFP years 2008, 2011, 2014, 2017, 2020, the 

attainment year 2023, and analysis year 2030. See CARB 

Resolution 07-05, which revised the budgets in the 2007 South 

Coast AQMP as adopted by the District, and which was included in 

the November 28, 2007 submission. 

EPA Region 9 sent a letter to the CARB on May 7, 2008

stating that the “baseline” motor vehicle emissions budgets in 

the amended 2007 South Coast SIP for the reasonable further 

progress (RFP) milestone years of 2008, 2011, 2014, 2017, and 

2020 were adequate. We found the “SIP-based” motor vehicle 

emissions budgets in the amended 2007 South Coast SIP inadequate 

for transportation conformity purposes. The amended 2007 South 

Coast SIP included “SIP-based” budgets for 2008, 2011, 2014,

2017, 2020, and 2023. The State has included additional on-road

mobile source emissions reductions in the “SIP-based” budgets 
100

from the 2007 State Strategy for the California SIP. The 

“baseline” budgets include no such reductions but rather reflect 

emissions reductions from CARB rules that were adopted as of 

October 2006. EPA has determined that the “SIP-based” budgets 

are inadequate because all of the “SIP-based” budgets after 2009 

include new emission reductions that do not result from specific 

or enforceable control measures. Our notice of 

adequacy/inadequacy of the budgets was published on May 15, 2008

at 73 FR 28110 (corrected on June 18, 2008 at 73 FR 34837), and 

was effective on May 30, 2008. More information on this finding 

can be found in the TSD for today’s action.

CARB submitted revised budgets for the South Coast 

nonattainment area and their documentation in Appendices A and 

C, respectively, of the 2011 Ozone SIP Revisions. The revised 

budgets are for NOx and VOC for the RFP years of 2011, 2014, 2017 

and 2020, and the attainment year of 2023. No budgets were 

included for the RFP year of 2008 because it is no longer 

applicable as a conformity analysis year. Additional information 

associated with the motor vehicle emission budget calculations 

were provided in Attachment 1 of the CARB Ozone SIP Revision 

supplement and an electronic mail from CARB.35

 

35 See electronic mail from Douglas Ito, Chief, Air Quality and 
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3. Proposed Action on the Revised Budgets

As part of its review of the budgets’ approvability, EPA 

has evaluated the revised budgets using our adequacy criteria in 

40 CFR 93.318(e)(4) and (5). As documented in Table H-3 in the 

TSD, we found that they meet each adequacy criterion. We have 

completed our detailed review of the 2007 South Coast 8-hour 

Ozone SIP and supplemental submittals including the 2011 Ozone 

SIP Revision and 2011 Ozone SIP Supplement, and are proposing to 

approve the SIP’s attainment and RFP demonstrations. We have 

also reviewed the proposed budgets submitted with the 2011 Ozone 

SIP Revision and have found that they are consistent with the 

attainment and RFP demonstrations, were based on control 

measures that have already been adopted and implemented, and 

meet all other applicable statutory and regulatory requirements 

including the adequacy criteria in 40 CFR 93.118(e)(4) and (5).

Therefore, we are proposing to approve the 2011, 2014, 2017, 

2020, and 2023 budgets as shown in Table 12. 

Table 12. Motor Vehicle Emissions Budgets in the South 

Coast 2007 8-Hour Ozone SIP as Revised on July 21, 2011 (tons 

per summer day)

2011 2014 2017 2020 2023

VOC NOx VOC NOx VOC NOx VOC NOx VOC NOx

 

Transportation Planning Branch, CARB, to Elizabeth Adams, Deputy 

Director, Air Division, EPA Region 9, dated August 11, 2011.
102

South 

Coast 

Air 

Basin

172 328 136 277 119 224 108 185 99 140

Source: “8-Hour Ozone State Implementation Plan Revisions and 

Technical Revisions to the PM2.5 State Implementation Plan 

Transportation Conformity Budgets for the South Coast and San 

Joaquin Valley Air Basins,” Appendix C, submitted July 29, 2011.

EPA is not required under its transportation conformity 

rule to find budgets adequate prior to proposing approval of 

them. However, we will complete the adequacy review of these 

budgets either prior to or concurrently with our final action on 

South Coast 2007 8-Hour Ozone SIP. We will also post the revised 

budgets on EPA’s adequacy review web page.

If the budgets are found adequate and/or the proposed 

approval of the budgets is finalized, then these budgets will 

replace the budgets previously found adequate and SCAG and the 

U.S. Department of Transportation will be required to use the 

new budgets in transportation conformity determinations after 

the effective date of the approval or adequacy finding, 

whichever is earlier. For conformity determinations, the plan 

emissions should be used at the same level of accuracy as in the 

revised updated budgets from the plan (see Section H of the TSD 

for more conformity implementation details).
103

As stated in section IV.E., if we were to finalize a 

disapproval with respect to the plan's section 182(d)(1)(A) 

element, then the area would be eligible for a protective 

finding under the transportation conformity rule because the 

submitted SIP contains adopted control measures and enforceable 

commitments that fully satisfy the emissions reductions 

requirements for reasonable further progress and attainment. 40 

CFR 93.120(a)(3)

H. Other Clean Air Act Requirements Applicable to Extreme Ozone 

Nonattainment Areas 

In addition to the requirements discussed above, Title I, 

subpart D of the CAA includes other provisions applicable to 

extreme ozone nonattainment areas such as the South Coast 

nonattainment area. Below, we discuss the current status of each 

of these requirements for informational purposes only. 

1. Enhanced Vehicle Inspection and Maintenance (I/M) Requirement

CAA section 182(c)(3) requires states with ozone 

nonattainment areas classified under subpart 2 as serious or 

above to implement an enhanced motor vehicle inspection and 

maintenance (I/M) program in those areas. The requirements for 

those programs are provided in section 182(c)(3) and 40 CFR part 

51, subpart S.
104

On July 1, 2010 (75 FR 38023), EPA approved California’s 

inspection and maintenance program in the South Coast as meeting 

the requirements of the CAA and applicable EPA regulations for 

enhanced I/M programs.

2. Reformulated Gasoline Program

As an extreme ozone nonattainment area for the 1-hour ozone 

standard, the South Coast was covered under the federal 

reformulated gasoline (RFG) program. See CAA section 

211(k)(10)(D). As an 8-hour ozone nonattainment area, the South 

Coast continues to be covered under the federal RFG program. See 

40 CFR 80.70(m)(1)(i) and 70 FR 71685. California has its own 

RFG program (California Phase III RFG (CaRFG3)), which also 

applies in the South Coast nonattainment area. EPA approved 

CaRFG3 program into the California SIP on May 12, 2010. See 75 

FR 26633.

3. New Source Review

CAA section 182(a)(2)(C) requires states to develop SIP 

revisions containing permit programs for each of its ozone 

nonattainment areas. The SIP revisions are to include 

requirements for permits in accordance with CAA 172(c)(5) and 

173 for the construction and operation of each new or modified 

major stationary source (with respect to ozone) anywhere in the 
105

nonattainment area. See also CAA section 182(e). EPA’s 

implementing regulations for nonattainment new source review 

(NSR) programs are in 40 CFR 51.165, and guidance specific to 

ozone nonattainment areas was provided in the preamble to the 8-

hour ozone implementation rule, 70 FR 71612 at 71671-71684.

On December 4, 1996 (61 FR 64291), EPA approved SCAQMD’s 

NSR rules (the District’s Regulation XIII) for the South Coast 

air basin as satisfying the NSR requirements in title I, part D 

of the CAA for “extreme” ozone nonattainment areas. See also 64 

FR 13514 (March 19, 1999) and 71 FR 35157 (June 19, 2006).

4. Clean–fuel Vehicle Program

CAA sections 182(c)(4)(A) and 246 require states to submit 

a SIP revision for EPA approval that includes measures to 

implement the Clean-Fuel Vehicle Program in serious and above 

ozone nonattainment areas. Section 182(c)(4)(B) of the Act 

allows states to “opt-out” of the clean-fuel vehicle fleet 

program by submitting for EPA approval a SIP revision consisting 

of a program or programs that will result in at least equivalent 

long term reductions in ozone-producing and toxic air emissions.

In 1994, CARB submitted a SIP revision to opt-out of the 

federal clean fuel fleet program demonstrating that its lowemission vehicle (LEV) program achieved emission reductions at 
106

least as large as the federal program would. We approved the 

substitution of the LEV program for a Clean Fuel Fleet program 

into the California SIP on August 27, 1999. See 64 FR 46849.

5. Gasoline Vapor Recovery

CAA section 182(b)(3) mandates that States submit a revised 

SIP by November 15, 1992 that requires owners or operators of 

gasoline dispensing systems to install and operate gasoline 

vehicle refueling vapor recovery (“Stage II”) systems in ozone 

nonattainment areas classified as moderate and above. See 

General Preamble at 13514. California’s ozone nonattainment areas 

had implemented Stage II vapor recovery well before the passage 

of the CAA Amendments of 1990. 

Under California State law (Health and Safety Code Section 

41954), CARB is required to adopt procedures and performance 

standards for controlling gasoline emissions from gasoline 

marketing operations, including transfer and storage operations. 

State law also authorizes CARB, in cooperation with districts, 

to certify vapor recovery systems, to identify defective 

equipment, and to develop test methods. CARB has adopted 

numerous revisions to its vapor recovery program regulations. 
107

See Table A-7 in Appendix A to the TSD for today’s action. See 

also CARB’s website, http://www.evrhome.org.

In the South Coast, the installation and operation of ARBcertified vapor recovery equipment is required and enforced by 

SCAQMD Rules 461 and 462, the latest versions of which were 

approved into the SIP on April 11, 2006 and July 21, 1999, 

respectively. See 71 FR 18216 (April 11, 2006) and 64 FR 39037

(July 21, 2006).

6. Enhanced [Ambient Air Quality] Monitoring 

CAA Section 182(c)(1) requires that all ozone nonattainment 

areas classified as serious or above implement measures to 

enhance and improve monitoring for ambient concentrations of 

ozone, NOx, and VOCs, and to improve monitoring of emissions of 

NOx and VOCs. 

The South Coast Photochemical Assessment Monitoring Station

(PAMS) network was initiated in 1994 at two monitoring sites in 

the Basin and subsequently expanded through 2001. The SCAQMD’s 

Annual Air Quality Monitoring Network Plan (July 2010) describes 

the steps the state has taken to address the requirements of CAA 

section 182(c)(1). Pages 4 through 6 and 17 of the monitoring 

network plan describe the South Coast Air Basin’s PAMS 
108

network.36,37 We have determined that the SCAQMD’s PAMS network 

meets EPA requirements for enhanced monitoring programs.38 More 

detail is provided in the TSD for today’s action.

7. Clean Fuels or Advanced Control Technology for Boilers 

CAA section 182(e)(3) provides that SIPs for extreme areas 

must require each new, modified, and existing electric utility

and industrial and commercial boiler that emits more than 25 

tons per year (tpy) of NOX to either burn as its primary fuel 

natural gas, methanol, or ethanol (or a comparably low polluting 

fuel), or use advanced control technology (such as catalytic 

control technology or other comparably effective control 

methods). Further guidance on this requirement is provided in 

the General Preamble at 13523. According to the General 

Preamble, a boiler should generally be considered as any 

combustion equipment used to produce steam and generally does 

not include a process heater that transfers heat from combustion 

 

36 Starting in 2007, EPA’s monitoring rules (see 71 FR 61236), 

October 17, 2006) required the submittal and EPA action on 

annual monitoring network plans. 

37 SCAQMD’s 2010 monitoring network plan can be found in the 

docket for today’s action.

38 See SCAMQD’s 2010 monitoring network plan and letter, Matthew 

Lakin, Chief, Air Quality Analysis Office, EPA Region 9, to Dr. 

Chung Liu, Deputy Executive Officer, SCAQMD, dated November 1, 

2010, approving the 2009 South Coast Air Quality Monitoring 

Network Plan. 
109

gases to process streams. General Preamble at 13523, 13524. In 

addition, boilers with rated heat inputs less that 15 million 

Btu (MMBtu) per hour which are oil- or gas-fired may generally 

be considered de minimis and exempt from these requirements 

since it is unlikely that they will exceed the 25 tpy NOX

emission limit. General Preamble at 13524.

The South Coast 2007 AQMP does not directly address CAA 

section 182(e)(3) requirements for 8-hour ozone. CARB has 

previously submitted SIP revisions for the South Coast Air Basin 

addressing the clean fuels for boilers requirement under section 

182(e)(3) for the 1-hour ozone standard. See 61 FR 57775 

(November 8, 1996) for EPA’s approval of the rule submitted to 

satisfy the CAA section 182(e)(3) requirement in the South 

Coast. 

South Coast Rule 1146 “Emissions of Oxides of Nitrogen from 

Industrial, Institutional and Commercial Boilers, Steam 

Generators and Process Heaters,” as revised on November 17, 2000 

and approved by EPA on April 8, 2002 (67 FR 16640), regulates 

emissions from boilers larger than 5 MMBtu/hour burning gaseous 

or non-gaseous fuels. The limits in the rule range between 0.036 

and 0.052 lb/MMBtu, depending on the size of the boiler and its 

capacity factor. This limit is lower than the level of emissions 
110

expected from uncontrolled natural gas-fired boilers. Thus, the 

rule essentially requires all subject boilers to burn fuels that 

are comparably low polluting (compared to natural gas 

combustion) or to use control technologies to achieve emissions 

levels that are similar to those obtained by burning natural 

gas, methanol, ethanol, or other comparably low polluting fuels. 

South Coast Regulation XIII (New Source Review (NSR) Program). 

Regulation XIII (consisting of Rules 1301, 1302, 1303, 1304, 

1306, 1309, 1309.1, 1310, and 1313), which EPA has approved into 

the South Coast portion of the California SIP (see 61 FR 64291, 

December 4, 1996), applies to any new or modified boiler 

proposing to locate in the South Coast that emits or has the 

potential to emit at least 10 tons per year (tpy) of NOx or VOC, 

among other sources. See Rules 1301 and 1302. Under Rule 1303, 

any such boiler is required to employ Best Available Control 

Technology, which must be at least as stringent as the Lowest 

Achievable Emissions Rate (LAER) as defined in CAA section 

171(3). See Rule 1302(f) and 1303(a). The LAER standard 

essentially requires, at a minimum, combustion of low-polluting 

fuels and/or use of advanced control technologies consistent 

with the requirements of CAA section 182(e)(3). See CAA 171(3).39

 

39 Section 171(3) of the CAA defines LAER, in relevant part, as 
111

Accordingly, the SCAQMD’s SIP-approved NSR program in Regulation 

XIII, which establishes LAER-level control requirements for any 

new or modified boiler that emits more than 10 tpy of NOX, 

satisfies the requirements of CAA section 182(e)(3) for each new 

or modified electric utility and industrial and commercial 

boiler that emits more than 25 tpy of NOX. As to existing boilers 

that emit more than 25 tpy of NOx, the District has demonstrated 

that each such boiler currently operating in the South Coast 

either burns as its primary fuel natural gas or a comparably low 

polluting fuel, or uses advanced control technology such as SCR 

or another comparably effective control method (e.g., SNCR), in 

accordance with SIP-approved requirements such as Rule 1146. See 

letter, Elaine Chang, DrPH, Deputy Executive Officer, SCAQMD, to 

Elizabeth Adams, Deputy Director, Air Division, EPA Region 9, 

dated August 23, 2011. 

8. CAA Section 185 Fee Program

CAA Section 185 requires that the SIP for each severe and 

extreme ozone nonattainment area provide that, if the area fails 

 

“that rate of emissions which reflects – (A) the most stringent 

emission limitation which is contained in the implementation 

plan of any State for such class or category of source, unless 

the owner or operator of the proposed source demonstrates that 

such limitations are not achievable, or (B) the most stringent 

emission limitation which is achieved in practice by such class 

or category of source, whichever is more stringent.”
112

to attain by its applicable attainment date, each major 

stationary source of VOCs and NOx located in the nonattainment 

area shall pay a fee to the State as a penalty for such failure 

for each calendar year beginning after the attainment date,

until the area is redesignated as an attainment area for ozone. 

States are not yet required to implement CAA section 185 fee 

programs for the 1997 8-hour ozone standard.40

V. EPA’s Proposed Actions

For the reasons discussed above, EPA is proposing to fully 

approve California’s attainment SIP for the South Coast 

nonattainment area for the 1997 8-hour ozone standard. 

Simultaneously and in the alternative, EPA is proposing to 

disapprove the submitted SIP with respect to certain 

requirements for transportation control strategies and TCMs 

pending resolution of petitions before the 9th Circuit U.S. 

Court of Appeals in Association of Irritated Residents v. EPA, 

632 F.3d 584 (9th Cir. 2011). This SIP submittal consists of the 

South Coast 2007 AQMP (as revised March 4, 2011) and those

portions of CARB’s revised 2007 State Strategy as revised in 

2009 and 2011 that address the CAA’s requirements for attainment 

 

40 SCAQMD submitted Rule 317, “Clean Air Act Non-attainment 

Fees”, a fee-equivalent program to address the requirements of 

section 185 for the 1-hour ozone standard, on April 22, 2011. 
113

of the 1997 8-hour ozone NAAQS in the South Coast nonattainment 

area. 

Specifically, EPA is proposing to approve under CAA section 

110(k)(3) the following elements of the South Coast 2007 8-Hour 

Ozone Plan:

1. the revised 2002 base year emissions inventory as 

meeting the requirements of CAA section 182(a)(1) and 40 CFR 

51.915; 

2. the reasonably available control measure demonstration 

as meeting the requirements of CAA section 172(c)(1) and 40 CFR 

51.912(d); 

3. the reasonable further progress demonstration as meeting 

the requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 

40 CFR 51.910; 

4. the attainment demonstration as meeting the requirements 

of CAA section 182(c)(2)(A) and 40 CFR 51.908; 

5. the provisions for the development of new technologies

pursuant to CAA section 182(e)(5) and CARB’s commitment to adopt 

and submit by 2020 contingency measures to be implemented if the 

new technologies do not achieve the planned emissions 

reductions, as well as additional attainment contingency 

measures meeting the requirements of CAA section 172(c)(9), 
114

pursuant to CAA section 182(e)(5); and to develop and submit by 

2020, revisions to the SIP that will (1) reflect modifications 

to the 2023 emission reduction target based on updated science 

and (2) identify additional strategies and implementing agencies 

needed to achieve the needed reductions by the beginning of the 

2023 ozone season.

6. the contingency measure provisions for failure to make 

RFP and to attain as meeting the requirements of CAA sections 

172(c)(9) and 182(c)(9); 

7. the demonstration that the SIP provides for 

transportation control strategies and measures sufficient to 

offset any growth in emissions from growth in VMT or the number 

of vehicle trips, and to provide for RFP and attainment, as 

meeting the requirements of CAA section 182(d)(1)(A);

8. the revised motor vehicle emissions budgets for the RFP 

milestone years of 2011, 2014, 2017 and 2020, and for the 

attainment year of 2023, because they are derived from 

approvable RFP and attainment demonstrations and meet the 

requirements of CAA sections 176(c) and 40 CFR part 93, subpart 

A; 
115

9. the SCAQMD's commitments to achieve specific aggregate 

emission reductions of NOx and VOC as listed in Table 4-2A of 

the South Coast 2007 AQMP (as revised March 4, 2011); and

10. CARB's commitments to propose certain defined measures, 

as listed in Table B-1 on page 1 of Appendix B of the 2011 

Progress Report and in Appendix B, Table B-1 of the 2011 Ozone 

SIP Revision, to achieve specific aggregate emission reductions 

of VOC and NOx in the South Coast nonattainment area by 2023 as 

provided in CARB Resolution 07-28, Attachment B, and the 2009 

State Strategy update, p. 20; and to achieve the emissions 

reductions needed to attain the 8-hour ozone standard in the 

South Coast nonattainment area as provided in CARB Resolution 

07-28, Attachment B, p. 4, 2009 State Strategy Status Report, p. 

20.

Simultaneously and in the alternative, if the U.S. Court of 

Appeals for the 9th Circuit denies the Agency’s petition for 

rehearing in AIR v. EPA and issues its mandate before EPA issues 

a final rule on the South Coast 2007 Ozone SIP, we propose to 

disapprove the SIP under CAA section 110(k)(3) with respect to 

the first element (i.e., offsetting emissions growth) of CAA 

section 182(d)(1)(A) based on the plan’s failure to include 
116

sufficient transportation control strategies and TCMs to offset 

the emissions from growth in VMT.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review 

The Office of Management and Budget (OMB) has exempted this 

regulatory action from Executive Order 12866, entitled 

“Regulatory Planning and Review.”

B. Paperwork Reduction Act 

This action does not impose an information collection 

burden under the provisions of the Paperwork Reduction Act, 44 

U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an 

agency to conduct a regulatory flexibility analysis of any rule 

subject to notice and comment rulemaking requirements unless the 

agency certifies that the rule will not have a significant 

economic impact on a substantial number of small entities. 

Small entities include small businesses, small not-for-profit 

enterprises, and small governmental jurisdictions. 

This proposed rule will not have a significant impact on a 

substantial number of small entities because proposed SIP 

approvals under section 110 and subchapter I, part D of the 
117

Clean Air Act do not create any new requirements but simply 

propose to approve requirements that the State is already 

imposing. Therefore, because this proposed Federal SIP approval 

does not create any new requirements, I certify that this action 

will not have a significant economic impact on a substantial 

number of small entities. Moreover, due to the nature of the 

Federal-State relationship under the Clean Air Act, preparation 

of flexibility analysis would constitute Federal inquiry into 

the economic reasonableness of State action. The Clean Air Act 

forbids EPA to base its actions concerning SIPs on such grounds. 

Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 

U.S.C. 7410(a) (2).

D. Unfunded Mandates Reform Act

Under sections 202 of the Unfunded Mandates Reform Act of 

1995 (“Unfunded Mandates Act”), signed into law on March 22, 

1995, EPA must prepare a budgetary impact statement to accompany 

any proposed or final rule that includes a Federal mandate that 

may result in estimated costs to State, local, or tribal 

governments in the aggregate; or to the private sector, of $100 

million or more. Under section 205, EPA must select the most 

cost-effective and least burdensome alternative that achieves 

the objectives of the rule and is consistent with statutory 
118

requirements. Section 203 requires EPA to establish a plan for 

informing and advising any small governments that may be 

significantly or uniquely impacted by the rule.

EPA has determined that the proposed approval action does 

not include a Federal mandate that may result in estimated costs 

of $100 million or more to either State, local, or tribal 

governments in the aggregate, or to the private sector. This 

Federal action proposes to approve pre-existing requirements 

under State or local law, and imposes no new requirements. 

Accordingly, no additional costs to State, local, or tribal 

governments, or to the private sector, result from this action.

E. Executive Order 13132, Federalism

Federalism (64 FR 43255, August 10, 1999) revokes and 

replaces Executive Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental Partnership). Executive Order 

13132 requires EPA to develop an accountable process to ensure 

“meaningful and timely input by State and local officials in the 

development of regulatory policies that have federalism 

implications.” “Policies that have federalism implications” is 

defined in the Executive Order to include regulations that have 

“substantial direct effects on the States, on the relationship 

between the national government and the States, or on the 
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distribution of power and responsibilities among the various 

levels of government.” Under Executive Order 13132, EPA may not 

issue a regulation that has federalism implications, that 

imposes substantial direct compliance costs, and that is not 

required by statute, unless the Federal government provides the 

funds necessary to pay the direct compliance costs incurred by 

State and local governments, or EPA consults with State and 

local officials early in the process of developing the proposed 

regulation. EPA also may not issue a regulation that has 

federalism implications and that preempts State law unless the 

Agency consults with State and local officials early in the 

process of developing the proposed regulation.

This proposed rule will not have substantial direct effects 

on the States, on the relationship between the national 

government and the States, or on the distribution of power and 

responsibilities among the various levels of government, as 

specified in Executive Order 13132, because it merely proposes 

to approve a State rule implementing a Federal standard, and 

does not alter the relationship or the distribution of power and 

responsibilities established in the Clean Air Act. Thus, the 

requirements of section 6 of the Executive Order do not apply to 

this rule.
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F. Executive Order 13175, Coordination with Indian Tribal 

Governments

Executive Order 13175, entitled “Consultation and 

Coordination with Indian Tribal Governments” (65 FR 67249, 

November 9, 2000), requires EPA to develop an accountable 

process to ensure “meaningful and timely input by tribal 

officials in the development of regulatory policies that have 

tribal implications.” This proposed rule does not have tribal 

implications, as specified in Executive Order 13175. It will 

not have substantial direct effects on tribal governments, on 

the relationship between the Federal government and Indian 

tribes, or on the distribution of power and responsibilities 

between the Federal government and Indian tribes. Thus, 

Executive Order 13175 does not apply to this rule. 

EPA specifically solicits additional comment on this proposed 

rule from tribal officials.

G. Executive Order 13045, Protection of Children from 

Environmental Health Risks and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885, April 

23, 1997) as applying only to those regulatory actions that

concern health or safety risks, such that the analysis required 

under section 5-501 of the Executive Order has the potential to 
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influence the regulation. This proposed rule is not subject to 

Executive Order 13045, because it proposes to approve a State 

rule implementing a Federal standard. 

H. Executive Order 13211, Actions that Significantly Affect 

Energy Supply, Distribution, or Use

This proposed rule is not subject to Executive Order 13211, 

“Actions Concerning Regulations That Significantly Affect Energy 

Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) 

because it is not a significant regulatory action under 

Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and 

Advancement Act (NTTAA) of 1995 requires Federal agencies to 

evaluate existing technical standards when developing a new 

regulation. To comply with NTTAA, EPA must consider and use 

“voluntary consensus standards” (VCS) if available and 

applicable when developing programs and policies unless doing so 

would be inconsistent with applicable law or otherwise 

impractical.

The EPA believes that VCS are inapplicable to this action. 

Today’s action does not require the public to perform activities 

conducive to the use of VCS.
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J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Population

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) 

establishes federal executive policy on environmental justice. 

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income populations in 

the United States. EPA lacks the discretionary authority to 

address environmental justice in this rulemaking. In reviewing 

SIP submittals, EPA’s role is to approve or disapprove State 

choices, based on the criteria of the CAA. Accordingly, this 

action merely proposes to approve certain State requirements for 

inclusion into the SIP under CAA section 110 and subchapter I, 

part D will not in-and-of itself create any new requirements. 

Accordingly, it does not provide EPA with the discretionary 

authority to address, as appropriate, disproportionate human 

health or environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898.
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List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen 

dioxide, Ozone, Reporting and recordkeeping requirements, 

Volatile organic compounds.

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

__September 7, 2011____ ____/s/ Jared Blumenfeld__

Dated: Jared Blumenfeld,

Regional Administrator,

 EPA Region 9.