14404 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title 

State 

effective 

date 

EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

*******

567–33.3 ...................................... Special construction permit requirement for major stationary 

sources in areas designated 

attainment or unclassified 

(PSD).

9/12/12 3/14/14 [Insert FR page 

number where the document begins].

Provisions of the 2010 

PM2.5 PSD—Increments, SILs and SMCs 

rule (75 FR 64865, October 20, 2010) relating 

to SILs and SMCs that 

were affected by the 

January 22, 2013 U.S. 

Court of Appeals decision are not SIP approved. 

In addition, we have not 

approved Iowa’s rule incorporating EPA’s 2007 

revision of the definition 

of ‘‘chemical processing 

plants’’ (the ‘‘Ethanol 

Rule,’’ 72 FR 24060 

(May 1, 2007) or EPA’s 

2008 ‘‘fugitive emissions 

rule,’’ 73 FR 77882 (December 19, 2008). 

*******

* * * * * 

[FR Doc. 2014–05512 Filed 3–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0599; FRL–9906–92– 

Region–9] 

Approval and Promulgation of 

Implementation Plans; California San 

Francisco Bay Area and Chico 

Nonattainment Areas; Fine Particulate 

Matter Emissions Inventories 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

California State Implementation Plan 

(SIP) concerning emissions inventories 

for the 2006 24-hour fine particle 

National Ambient Air Quality Standard 

(NAAQS) for the San Francisco Bay 

Area and Chico PM2.5 nonattainment 

areas. We are approving these emissions 

inventories under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on May 13, 

2014 without further notice, unless EPA 

receives adverse comments by April 14, 

2014. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0599, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 14405 

1For a given air pollutant, ‘‘primary’’ national 

ambient air quality standards are those determined 

by EPA as requisite to protect the public health, and 

‘‘secondary’’ standards are those determined by 

EPA as requisite to protect the public welfare from 

any known or anticipated adverse effects associated 

with the presence of such air pollutant in the 

ambient air. See CAA section 109(b). 

2The San Francisco Bay Area PM2.5

nonattainment area includes southern Sonoma, 

Napa, Marin, Contra Costa, San Francisco, 

Alameda, San Mateo, Santa Clara and the western 

part of Solano counties. 

3The Chico PM2.5 nonattainment area includes 

the southwestern two-thirds of Butte County, 

California. Butte County lies in the central portion 

of northern California’s Sacramento Valley Air 

Basin, which stretches from Sacramento County in 

the south to Shasta County in the north. 

4 40 CFR 51.1008 (a)(2) and (b) do not apply for 

the Bay Area or Chico because they relate to 

requirements for attainment demonstrations and 

reasonable further progress (RFP), which were 

suspended for both the Bay Area (78 FR 1760) and 

Chico (78 FR 55225) PM2.5 nonattainment areas on 

January 9, 2013 and September 10, 2013, 

respectively. 

5Although the U.S. Court of Appeals for the 

District of Columbia (DC Circuit) recently remanded 

this rule and directed EPA to re-promulgate it 

pursuant to subpart 4 of part D, title I of the CAA 

(see Natural Resources Defense Council v. EPA, 706 

F.2d 428 (D.C. Cir. 2013)), the court’s ruling in this 

case does not affect EPA’s action on these emission 

inventories. Subpart 4 of part D, title I of the Act 

contains no specific provision governing emission 

inventories for PM10 or PM2.5 nonattainment areas 

that supersedes the general emission inventory 

requirement for all nonattainment areas in CAA 

section 172(c)(3). See ‘‘State Implementation Plans; 

General Preamble for the Implementation of Title I 

of the Clean Air Act Amendments of 1990,’’ 57 FR 

13498, 13539 (April 16, 1992). 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

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

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. PM2.5 NAAQS 

B. Designation of PM2.5 Nonattainment 

Areas 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

II. Procedural Requirements for Adoption 

and Submittal of SIP Revisions 

A. Submittal for the San Francisco Bay 

Area Nonattainment Area 

B. Submittal for the Chico Nonattainment 

Area 

III. Analysis of State’s Submittals 

A. San Francisco Bay Area Emissions 

Inventory 

B. Chico Emissions Inventory 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. PM2.5 NAAQS 

Under section 109 of the CAA, EPA 

establishes national ambient air quality 

standards (NAAQS or ‘‘standards’’) for 

certain pervasive air pollutants (referred 

to as ‘‘criteria pollutants’’) and conducts 

periodic reviews of the NAAQS to 

determine whether they should be 

revised or whether new NAAQS should 

be established. 

On July 18, 1997, EPA revised the 

NAAQS for particulate matter to add 

new standards for fine particles, using 

PM2.5 (particles less than or equal to 2.5 

micrometers in diameter) as the 

indicator for the pollutant. EPA 

established primary and secondary 1

annual and 24-hour standards for PM2.5

(62 FR 38652). The annual standard was 

set at 15.0 micrograms per cubic meter 

(mg/m3), based on a 3-year average of 

annual mean PM2.5 concentrations, and 

the 24-hour standard was set at 65 mg/ 

m3, based on the 3-year average of the 

98th percentile of 24-hour PM2.5

concentrations at each populationoriented monitor within an area. 

On October 17, 2006 (71 FR 61144), 

EPA revised the level of the 24-hour 

PM2.5 NAAQS to 35 mg/m3, based on a 

3-year average of the 98th percentile of 

24-hour concentrations. EPA also 

retained the 1997 annual PM2.5 standard 

at 15.0 mg/m3 based on a 3-year average 

of annual mean PM2.5 concentrations, 

but with tighter constraints on the 

spatial averaging criteria. 

B. Designation of PM2.5 Nonattainment 

Areas 

Effective December 14, 2009, EPA 

established the initial air quality 

designations for most areas in the 

United States for the 2006 24-hour PM2.5

NAAQS. See 74 FR 58688 (November 

13, 2009). Among the various areas 

designated in 2009, EPA designated the 

San Francisco Bay Area and the Chico 

area in California as nonattainment for 

the 2006 24-hour PM2.5 NAAQS.2 3 The 

boundaries for these areas are described 

in 40 CFR 81.305. 

C. Submittal Requirements for PM2.5

Nonattainment Areas 

Section 172(c)(3) of the CAA requires 

a state with an area designated as 

nonattainment to submit for EPA 

approval a comprehensive, accurate, 

and current inventory of actual 

emissions for the nonattainment area. 

EPA’s requirements for an emissions 

inventory for the PM2.5 NAAQS are set 

forth in 40 CFR 51.1008.4 5 This direct 

final approval is limited to the 

emissions inventories for direct PM2.5

and PM2.5 precursors submitted by the 

California Air Resources Board (CARB) 

for the San Francisco Bay Area and 

Chico nonattainment areas as required 

under section 172(c)(3) of the CAA as 

applicable to the 2006 PM2.5 24-hour 

NAAQS. 

On January 9, 2013 (78 FR 1760), EPA 

finalized a determination that the San 

Francisco Bay Area nonattainment area 

had attained the 2006 24-hour PM2.5

NAAQS. On September 10, 2013 (78 FR 

55225), EPA finalized a determination 

that the Chico nonattainment area had 

also attained the 2006 24-hour PM2.5

NAAQS. These determinations of 

attainment were based upon complete, 

quality-assured, and certified ambient 

air monitoring data showing that each 

area had monitored attainment of the 

2006 24-hour PM2.5 NAAQS based on 

the most-recent three years of 

monitoring data. Based on these 

determinations, the requirements for 

each area to submit an attainment 

demonstration, together with reasonably 

available control measures, a reasonable 

further progress (RFP) plan, and 

contingency measures for failure to meet 

RFP and attainment deadlines, are 

suspended for so long as the area 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. The emissions inventory 

submittal requirement in CAA section 

172(c)(3) is not suspended by the 

determination of attainment, and the 

State has submitted the Chico and San 

Francisco Bay Area inventories to 

address the section 172(c)(3) 

requirement. 

II. Procedural Requirements for 

Adoption and Submittal of SIP 

Revisions 

Sections 110(a)(1) and 110(l) of the 

Act require states to provide reasonable 

notice and public hearing prior to 

adoption of SIP revisions. Section 

110(k)(1)(B) requires EPA to determine 

whether a SIP submittal is complete 

within 60 days of receipt. Any plan that 

we have not affirmatively determined to 

be complete or incomplete will become 

complete six months after the day of 

submittal by operation of law. A finding 

of completeness does not approve the 

submittal as part of the SIP nor does it 

indicate that the submittal is 

approvable. It does start a 12-month 

mstockstill on DSK4VPTVN1PROD with RULES

14406 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

6CARB adopted the 2010 PM2.5 Emission 

Inventory for the Bay Area in 2012 and refers to the 

submittal as the ‘‘2012 PM2.5 Emission Inventory to 

the State Implementation Plan for the San Francisco 

Bay Area.’’ However, the actual inventory in the 

2012 CARB submittal (Appendix D) is titled, ‘‘Bay 

Area Winter Emissions Inventory for Primary PM2.5

& PM Precursors: Year 2010.’’ For purposes of this 

action, any reference to the 2012 PM2.5 Emissons 

Inventory is equivalent to the Bay Area 2010 

winter-time PM2.5 emission inventory. 

7CARB Resolution 12–37, December 6, 2012. 

8CARB adopted the 2011 PM2.5 Emission 

Inventory for the Chico nonattainment area in 2012 

and refers to it as the ‘‘2012 PM2.5 Emission 

Inventory Submittal to the State Implementation 

Plan for the Chico, CA/Butte County (partial) 

Planning Area.’’ However, the actual inventory in 

the CARB submittal (Appendix D) is titled ‘‘Chico 

Nonattainment Area (Partial Butte County) 2011 

Daily Winter-Time Emissions Inventory (Base Year 

2005-Grown and Controlled in Tons Per Day).’’ For 

purposes of this action, any reference to the 2012 

PM2.5 Emissions Inventory is equivalent to the 

Chnico 2011 winter-time PM2.5 emission inventory. 

9BCAQMD Revised Resolution No. 2012–12, 

September 27, 2012. 

10CARB Resolution 12–31, October 18, 2012. 

11Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations, EPA–454/R–05– 

001, August 2005, updated November 2005. http://

www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_

nov2005.pdf. 

12BAAQMD uses the term Reactive Organic Gas 

(ROG) rather than VOC. EPA formerly defined the 

regulated organic compounds in outdoor air as 

ROG. However, EPA later changed that terminology 

to ‘‘VOC,’’ which we use here. 

13November 20, 2013 email correspondence from 

Amir Fanai (BAAQMD) to Nancy Levin (EPA), 

‘‘FW_Annual v. winter inventory (with 

attachment).’’ See also ‘‘Understanding Particulate 

Matter,’’ 2012, BAAQMD, page 75. Also see ARB 

Staff Report, ‘‘Analysis of the 2012 PM2.5 Emissions 

Inventory Submittal to the State Implementation 

Plan for the San Francisco Bay Area,’’ page 2. 

clock for EPA to act on the SIP 

submittal. See CAA section 110(k)(2). 

A. Submittal for the San Francisco Bay 

Area Nonattainment Area 

In this action, we are approving, as a 

revision to the California SIP, CARB’s 

January 14, 2013 submittal of the 2010 

PM2.5 Emissions Inventory for the San 

Francisco Bay Area (Bay Area emissions 

inventory).6 CARB’s submittal to EPA 

documents the public review process 

followed by San Francisco Bay Area Air 

Quality Management District 

(BAAQMD) and CARB in adopting the 

Bay Area emissions inventory prior to 

submittal to EPA as a revision to the 

SIP. The documentation provides 

evidence that reasonable notice of a 

public hearing was provided to the 

public and that a public hearing was 

conducted prior to adoption. CARB’s 

submittal documents the adoption of the 

Bay Area emissions inventory by the 

BAAQMD Board of Directors on 

November 7, 2012. The submittal also 

documents CARB’s December 6, 2012 

Board resolution approving the Bay 

Area emissions inventory.7 On January 

14, 2013, CARB submitted the Bay Area 

emissions inventory to EPA for approval 

as a revision to the California SIP. 

CARB’s January 14, 2013 submittal of 

the Bay Area emissions inventory 

became complete by operation of law on 

July 14, 2013. 

Based on the documentation included 

in CARB’s submittal, we find that the 

submittal of the Bay Area emissions 

inventory, as a SIP revision, satisfies the 

procedural requirements of sections 

110(l) of the Act for revising SIPs. For 

further details, please see EPA’s 

December 20, 2013 Technical Support 

Document (TSD) for the Bay Area 

emissions inventory. 

B. Submittal for Chico Nonattainment 

Area 

In this action, we are also approving, 

as a revision to the California SIP, 

CARB’s November 15, 2012 submittal of 

a 2011 PM2.5 emissions inventory for the 

Chico PM2.5 nonattainment area (Chico 

emissions inventory).8 CARB’s 

submittal documents the public review 

process followed by Butte County Air 

Quality Management District 

(BCAQMD) and CARB in adopting the 

Chico emissions inventory prior to 

submittal to EPA. The documentation 

provides evidence that reasonable 

notice of a public hearing was provided 

to the public and that a public hearing 

was conducted prior to adoption. 

CARB’s submittal documents the 

adoption of the emissions inventory by 

the BCAQMD Board of Directors. On 

September 27, 2012, the BCAQMD 

Board of Directors approved the 

emissions inventory and directed 

BCAQMD staff to forward the Chico 

emissions inventory to CARB, the 

Governor of California’s designee for SIP 

matters.9 CARB’s submittal also 

documents its October 18, 2012 Board 

resolution regarding the Chico 

emissions inventory.10

CARB’s November 15, 2012 submittal 

of the Chico emissions inventory 

became complete by operation of law on 

May 15, 2013. 

Based on the documentation included 

in CARB’s submittal, we find that the 

submittal of the Chico emissions 

inventory as a SIP revision satisfies the 

procedural requirements of sections 

110(l) of the Act for revising SIPs. For 

further details, please see EPA’s 

December 20, 2013 TSD for the Chico 

emissions inventory. 

III. Analysis of State’s Submittals 

Section 172(c)(3) of the CAA requires 

states to submit a comprehensive, 

accurate, and current inventory of actual 

emissions for each nonattainment area. 

EPA’s requirements for an emissions 

inventory for the PM2.5 NAAQS are set 

forth in 40 CFR 51.1008. For the PM2.5

NAAQS, the pollutants to be 

inventoried are PM2.5, VOC, NOX, SO2, 

and NH3.11

A. San Francisco Bay Area Emissions 

Inventory 

The Bay Area emissions inventory 

provides a 2010 inventory in tons per 

day (tpd) winter-time emissions 

estimates for PM2.5 and PM2.5 precursors 

(i.e., nitrogen oxides (NOX), volatile 

organic compounds (VOCs),12 ammonia 

(NH3), and sulfur dioxide (SO2)). 

Monitoring data for the San Francisco 

Bay Area nonattainment area indicates 

that high PM2.5 concentrations occur 

primarily during the winter months; 

therefore, the Bay Area emissions 

inventory is a winter-season 

inventory.13 The source categories 

include stationary sources, area sources, 

on-road mobile sources and off-road 

mobile sources. A summary of the Bay 

Area emissions inventory is provided in 

Table 1 below, and the detailed Bay 

Area emissions inventory is found in 

Attachment 1 of CARB’s submittal. 

CARB received no public comments on 

this submittal. 

TABLE 1—SAN FRANCISCO BAY AREA PLANNING AREA 2010 WINTER EMISSIONS INVENTORY IN TONS PER DAY (TPD) 

Source category 14 PM2.5 VOC NOX SO2 NH3

Industrial and Commercial Processes ................................. 5.5 13.7 3.0 7.1 6.2 

Petroleum Product/Solvent Evaporation .............................. 0.1 69.7 0.0 0.0 0.0 

Combustion Stationary Sources—Fireplaces ...................... 13.1 5.3 1.1 0.2 1.2 

Combustion Stationary Sources—Wood Stoves ................. 3.7 2.8 0.5 0.1 0.5 

Combustion Stationary Sources—Other .............................. 7.5 6.3 54.4 17.9 1.1 

On-Road Mobile ................................................................... 7.3 107.4 197.6 0.9 8.7 

Off-Road Mobile ................................................................... 4.3 39.6 90.4 2.8 0.0 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 14407 

14The source categories and totals in Table 1 

represent the combined totals from various 

subcategories of sources listed in the Bay Area 

Winter Emissions Inventory for Primary PM2.5 & PM 

Precursors: Year 2010. See Table 1 in Attachment 

1 of the TSD. This summary also breaks out 

‘‘Combustion Stationary Sources’’ into fireplaces, 

woodstoves, and other; and ‘‘Miscellaneous Other 

Sources’’ into Consumer Products (excluding 

pesticides) and other. 

15 ‘‘Understanding Particulate Matter,’’ 2012, 

BAAQMD, pages 82–87. http://www.baaqmd.gov/∼/ 

media/Files/Planning%20and%20Research/Plans/

PM%20Planning/ParticulatesMatter_

Nov%207.ashx. 

16 In their ‘‘Spare the Air Tonight Study, 2005– 

2006 Winter Wood Smoke Season (2006)’’ the 

BAAQMD used probability-based sampling 

techniques to obtain a representative sample of 

adult population in the district. A total of 2,625 

randomly selected residents participated in a 

telephone survey on one of 28 interviewing dates 

between November 22, 2005 and February 17, 2006. 

The methodology and protocols used are described 

in the following report: Spare the Air Tonight 

Study, 2005–2006 Winter Wood Smoke Season, 

Conducted for the Bay Area Air Quality 

Management District, 2006. 

17See 78 FR 14533 (March 6, 2013) regarding EPA 

approval of the latest version of the California 

EMFAC model (short for EMissionFACtor) and 

announcement of its availability. The software and 

detailed information on the EMFAC vehicle 

emission model can be found on the following 

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

msei.htm. 

18See http://www.arb.ca.gov/msei/

categories.htm. 

19Email from Gabe Ruiz, CARB, to John 

Ungvarsky, EPA, December 17, 2013. While 

BAAQMD’s ‘‘Understanding Particulate Matter’’ 

refers to a CARB ‘‘OFFROAD2011’’ model, EPA 

staff confirmed that CARB ‘‘did not produce an 

integrated version of the OFFROAD model for 2011 

(i.e., there is no OFFROAD2011). Instead, off-road 

emissions were estimated using a suite of models 

that provide inventory estimates specific to 

different categories of vehicles. Many of these 

category-specific models were developed to support 

recent regulations including in-use off-road 

equipment, ocean-going vessels, and others. In 

those instances when a category-specific model was 

not created, OFFROAD2007 was used.’’ 

20AP–42 Fifth Edition, Volume 1, Chapter 13.2.1, 

Final Section, November 2006, http://www.epa.gov/ 

ttn/chief/ap42/ch13/final/c13s0201.pdf, and 

Understanding Particulate Matter, page 87, footnote 

18. See the Technical Support Document for today’s 

action for additional information on methods used 

by CARB to calculate paved road emissions. 

21 ‘‘Understanding Particulate Matter,’’ 2012, 

BAAQMD, page 75. 

22BCAQMD uses the term Reactive Organic Gas 

(ROG) rather than VOC. EPA formerly defined the 

regulated organic compounds in outdoor air as 

ROG. However, EPA later changed that terminology 

to ‘‘VOC.’’ 

23 2012 PM2.5 Emission Inventory Submittal to the 

State Implementation Plan for the Chico, CA/Butte 

County (partial) Planning Area, Figure 4–1. 

TABLE 1—SAN FRANCISCO BAY AREA PLANNING AREA 2010 WINTER EMISSIONS INVENTORY IN TONS PER DAY (TPD)— 

Continued 

Source category 14 PM2.5 VOC NOX SO2 NH3

Miscellaneous Other—Consumer Products (excluding pesticides) .............................................................................. 0.0 44.1 0.0 0.0 0.5 

Miscellaneous Other—other ................................................ 7.9 5.1 0.2 0.0 19.1 

Totals a .......................................................................... 49 294 347 29 37 

aTotals rounded consistent with submittal. 

The Bay Area emissions inventory 

includes emissions estimates from 

stationary sources, area sources, on-road 

mobile sources, and off-road mobile 

sources. The methodologies used to 

derive the 2010 inventory for PM2.5 are 

as follows: 15

• The stationary source emissions 

inventory is based on 2010 data of 

actual emissions reported by all 

permitted facilities. 

• Area-wide source emissions were 

calculated based on reported data for 

fuel usage, product sales, population, 

employment data, and other parameters 

covering a wide range of activities. 

• The BAAQMD used residential 

2005–2006 wood burning surveys and 

mass balance calculations to estimate 

emissions from fireplaces and 

woodstoves.16

• Commercial cooking did not 

include condensable emissions for 

purposes of methodological consistency, 

since methods to measure condensable 

emissions from other sources are not 

available. 

• The on-road emissions inventory, 

which consists of mobile sources such 

as trucks, automobiles, buses, and 

motorcycles, was prepared by CARB 

using EMFAC2011,17 an EPA-approved 

CARB model for on-road motor vehicle 

emissions. 

• The off-road mobile source category 

includes aircraft, trains and boats, and 

off-road vehicles and equipment used 

for construction, farming, commercial, 

industrial, and recreational activities.18

Off-road emissions were estimated by 

CARB using category-specific methods 

and models, and OFFROAD2007.19

• Ship emissions were based on 

actual data where possible. Commercial 

boat emissions were calculated based on 

data collected from CARB’s 2004 

Statewide Commercial Harbor Craft 

Survey. Aircraft emissions are based on 

actual 2010 activity data. 

• Paved road emissions were 

estimated by CARB, based on their 2011 

guidance and EPA’s AP–42, Fifth 

Edition, Volume 1, Chapter 13.2.1, Final 

Section.20

As noted above, high PM2.5

concentrations in the San Francisco Bay 

Area nonattainment area occur 

primarily during the winter months and, 

therefore, the BAAQMD submitted a 

winter season inventory. The high 

winter concentrations are mainly due to 

meteorological factors, but also are 

affected by increased residential wood 

burning during the winter. In addition, 

cool weather promotes the formation of 

ammonium nitrate.21 Residential wood 

burning and diesel vehicles comprise 

about two thirds of the directly emitted 

PM2.5 emissions. On-road motor 

vehicles make up the largest source of 

NOX and VOC emissions. 

EPA has reviewed the results, 

procedures, and methodologies for the 

Bay Area emissions inventory. The 

BAAQMD used standard procedures to 

develop its emissions inventory. The 

BAAQMD appropriately used seasonal 

emissions inventories. After reviewing 

the CARB submittal of the Bay Area 

emissions inventory and supporting 

documentation, EPA finds the Bay Area 

emissions inventory meets the 

requirements of the CAA and EPA 

guidance and, therefore, we are 

approving it. 

B. Chico Emissions Inventory 

The SIP revision submitted by CARB 

on November 15, 2012 for the Chico 

nonattainment area provides a 2011 

winter-time emissions inventory with 

emissions estimates in tpd for PM2.5 and 

PM2.5 precursors (i.e., NOX, VOCs,22

NH3, and SO2). Monitoring data for the 

Chico nonattainment area indicates that 

high PM2.5 concentrations occur 

primarily during the winter months; 

therefore, the submitted inventory is a 

winter-season inventory.23 The source 

categories include stationary sources, 

area sources, on-road mobile sources, 

and off-road mobile sources. A summary 

of the inventory is provided in Table 2 

below, and a detailed inventory is found 

in Appendix D of CARB’s submittal. 

mstockstill on DSK4VPTVN1PROD with RULES

14408 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

24 Ibid., Table 5–1. 

25 Includes Fuel Combustion, Waste Disposal, 

Cleaning and Surface Coatings, Petroleum 

Production and Marketing, Industrial Processes, 

and Solvent Evaporation. 

26Email from Armen Kamian, BCAQMD to Nancy 

Levin, EPA, August 8, 2013. 

27 ‘‘Grown’’ refers to including population 

growth, new roads, additional housing units, 

increased road traffic, etc. ‘‘Controlled’’ refers to 

including control measures. 

28Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations, EPA–454/R–05– 

001, August 2005, updated November 2005. http:// 

www.epa.gov/ttn/chief/eidocs/eiguid/eiguidfinal_

nov2005.pdf. 29 Implementation Guidance for the 2006 24-Hour 

Fine Particle (PM2.s) National Ambient Air Quality 

Standards (NAAQS). U.S. EPA Memorandum from 

S. Page, March 2, 2012. 

30See http://www.arb.ca.gov/msei/areas src/ 

inde0.htm. 

31Memorandum, Control Profile Rule 207 

Residential Wood Combustion, and attachment 

from Gail Williams, BCAQMD to Anna 

Komorniczak and Monique Davis, CARB, October 

12, 2010; District Rule 207 Wood Burning Devices 

(Adopted October 25, 2001; Recodified August 22, 

2002; Amended December 11, 2008). 

32 December 16, 2013 email from Armen Kamian, 

BCAQMD to Nancy Levin, EPA Region 9. 

CARB received no public comments on 

this submittal. 

TABLE 2—CHICO 2011 DAILY WINTER-SEASON EMISSIONS INVENTORY FOR PM2.5 AND PRECURSORS (TPD) 24

Emissions inventory category PM2.5 VOC NOX SO2 NH3

Stationary Sources 25 .................................................... 0.81 1.69 2.13 0.07 0.07 

Area Sources: 

Residential Wood Heating ............................................ 2.36 3.40 0.28 0.05 0.15 

All Other Residential Heating ....................................... 0.04 0.03 0.59 0.02 0.00 

Agricultural (Managed) Burning .................................... 1.16 0.93 0.68 0.11 0.12 

Construction Fugitives .................................................. 0.10 0.00 0.00 0.00 0.00 

Agricultural Fugitives .................................................... 0.19 0.32 0.00 0.00 0.58 

Paved and Unpaved Road Dust (Construction Fugitives) .......................................................................... 0.33 0.00 0.00 0.00 0.00 

All Other Area Sources (General Area Sources) ......... 0.08 4.34 0.00 0.00 3.61 a Mobile Sources: 

On-Road ....................................................................... 0.27 3.23 8.71 0.03 0.23 

Off-Road ....................................................................... 0.23 2.34 4.82 0.06 0.002 

Totals a ................................................................... 5.57 16.28 17.22 0.33 4.77 

25Totals may not precisely match categories because of rounding but are consistent with submittal. 

For the Chico nonattainment area, the 

BCAQMD used a base year of 2005, 

which was the latest completed 

comprehensive inventory available.26

This base year inventory was then 

‘‘grown and controlled’’ 27 for 2011. For 

the PM2.5 NAAQS, the pollutants to be 

inventoried are PM2.5, VOC, NOX, SO2,

and NH3.28 The inventory includes 

emissions estimates from stationary 

sources, area sources, on-road mobile 

sources, and off-road mobile sources. 

The submittal also includes PM2.5

emissions in BCAQMD’s 2011 

Emissions Reduction Credit (ERC) 

register and Community Bank reserve. 

These potential future emissions are not 

included in the 2011 winter-time PM2.5

emissions inventory for Chico, but 

BCAQMD recognizes their potential to 

be emitted in the future if authorized to 

meet New Source Review requirements. 

TABLE 3—CHICO 2011 WINTER-TIME

PM2.5 ERCS (TPD) 

2011 ERC Registry (October– 

April) ...................................... 0.30 

Community Bank (October– 

April) ...................................... 0.06 

Total ................................... 0.36 

The stationary point source emissions 

inventory was developed from 

information the BCAQMD has on file for 

permitted facilities. The source 

categories include, but are not limited 

to, most fuel combustion, waste 

disposal, cleaning and surface coating, 

petroleum marketing and production, 

and industrial process facilities, as well 

as those subject to the federal Title V 

program. For this inventory, stationary 

sources also include auto body shops, 

dry cleaners, and gasoline stations. 

General area sources include solvent 

evaporation and other sources for which 

BCAQMD followed CARB’s 

methodologies to calculate the 

emissions inventory estimates.30 The 

BCAQMD developed the woodstove/

fireplace emissions estimates using 

California housing data, Butte County 

Association of Governments’ growth 

predictions, and CARB emissions 

factors to determine the potential 

reductions from BCAQMD Rule 207, 

Residential Wood Combustion.)31

Mobile sources include on-road and 

off-road emissions. On-road mobile 

source emissions were estimated by 

CARB using the EMFAC2011model. Offroad emissions were estimated by CARB 

using category-specific methods and 

models, and OFFROAD2007.32

Residential wood heating accounts for 

almost half of the winter directly 

emitted PM2.5 emissions, and mobile 

sources are the largest contributors to 

NOX emissions. 

EPA has reviewed the results, 

procedures, and methodologies for the 

submitted emissions inventory. The 

BCAQMD used standard procedures to 

develop its emissions inventory. The 

BCAQMD appropriately used seasonal 

emissions inventories. After reviewing 

the CARB submittal of the Chico 

emissions inventory and supporting 

documentation, EPA finds the emissions 

inventory meets the requirements of the 

CAA and EPA guidance and, therefore, 

we are approving it. 

IV. Final Action 

EPA is taking direct final action to 

approve the PM2.5 and PM2.5 precursor 

emissions inventories submitted by 

CARB on January 14, 2013 for the San 

Francisco Bay Area nonattainment area, 

and on November 15, 2012 for the Chico 

nonattainment area. EPA has 

determined that this action is consistent 

with sections 110 and 172(c)(3) of the 

CAA. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial revision and anticipates 

no adverse comments. However, in the 

Proposed Rules section of this Federal 

Register, we are simultaneously 

proposing approval of the same 

submitted emissions inventories. If we 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 14409 

receive adverse comments by April 14, 

2014, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that the direct final 

approval will not take effect, and we 

will address the comments in a 

subsequent final action based on the 

proposal. If we do not receive timely 

adverse comments, the direct final 

approval will be effective without 

further notice on May 13, 2014. This 

will incorporate these emissions 

inventories into the federally 

enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this SIP 

revision, and if that provision may be 

severed from the remainder of the 

revision, EPA may adopt as final those 

provisions of the revision that are not 

the subject of an adverse comment. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 13, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 30, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(434) and (435) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(434) A plan revision submitted on 

November 15, 2012 by the Governor’s 

Designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) Butte County Air Quality 

Management District. 

(1) ‘‘2012 PM2.5 Emission Inventory 

Submittal to the State Implementation 

Plan for the Chico, CA/Butte County 

(partial) Planning Area,’’ as submitted 

by the California Air Resources Board 

on November 15, 2012. The document 

in CARB’s submittal is titled, ‘‘Chico 

Nonattainment Area (Partial Butte 

County) 2011 Daily Winter-Time 

Emissions Inventory (Base Year 2005— 

Grown and Controlled in Tons Per 

Day.’’ 

(435) A plan revision submitted on 

January 14, 2013 by the Governor’s 

Designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) San Francisco Bay Area Air 

Quality Management District. 

(1) ‘‘2012 PM2.5 Emission Inventory to 

the State Implementation Plan for the 

San Francisco Bay Area’’ as submitted 

by the California Air Resources Board 

on January 14, 2013. The document in 

mstockstill on DSK4VPTVN1PROD with RULES

14410 Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations 

CARB’s submittal is titled, ‘‘Bay Area 

Winter Emissions Inventory for Primary 

PM2.5 & PM Precursors: Year 2010.’’ 

* * * * * 

[FR Doc. 2014–05527 Filed 3–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2006–0318; FRL–9907–91– 

OAR] 

RIN 2060–AN63 

Regulation of Fuel and Fuel Additives: 

Reformulated Gasoline Requirements 

for the Atlanta Covered Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final rule, the 

Environmental Protection Agency (EPA) 

has determined that the Atlanta metro 

area is not a federal reformulated 

gasoline (RFG) covered area and, 

therefore, that there is no requirement to 

use RFG in the Atlanta area. Atlanta is 

the only RFG covered area formerly 

classified as a severe ozone 

nonattainment area under the 1-hour 

ozone National Ambient Air Quality 

Standard that was redesignated to 

attainment for that standard before its 

revocation, and at a time when it was 

designated as nonattainment for the 

8-hour ozone standard with a 

classification less than severe. EPA has 

determined that the statute is 

ambiguous as to whether RFG is 

required in this situation. EPA believes 

that the comprehensive planning 

conducted by the State through the SIP 

process, the array of regulatory tools at 

the State’s disposal, and the current 

limited emissions benefits of RFG in 

Atlanta as compared to the current state 

fuel (as explained elsewhere in the 

document) indicate that it would be 

appropriate to interpret the relevant 

statutory language to not require RFG 

use in Atlanta. 

DATES: This final rule is effective March 

14, 2014 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2006–0318. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Gustafson, Office of Transportation and 

Air Quality, mailcode 6406J, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC. 20460; telephone number: 202–343– 

9219; fax number 202–343–2800; email 

address: gustafson.kurt@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action may affect you if you 

produce, distribute, or sell gasoline for 

use in the Atlanta area. The table below 

gives some examples of entities that 

may have to comply with the 

regulations. However, since these are 

only examples, you should examine 

carefully these and other existing 

regulations in 40 CFR part 80. If you 

have any questions, please call the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Category NAICS codes a SIC codes b Examples of potentially regulated entities 

Industry ..................................................................... 324110 2911 Petroleum Refiners. 

Industry ..................................................................... 422710 

422720 

5171 

5172 

Gasoline Marketers and Distributors. 

Industry ..................................................................... 484220 

484230 

4212 

4213 

Gasoline Carriers. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) system code. 

Outline of This Preamble 

I. Background 

A. The Ozone National Ambient Air 

Quality Standard and State 

Implementation Plans 

B. Reformulated Gasoline 

C. Transition from the 1-Hour Ozone to the 

1997 8-Hour Ozone NAAQS 

D. Legal History of the RFG Requirement 

in Atlanta 

E. Proposed Options 

II. Evaluation of the Emission Benefits 

Provided by RFG 

III. Quantifying the Difference in VOC 

Benefits Between RFG and Conventional 

Gasoline 

IV. Proposed Options To Address Whether 

Atlanta Remains a Federal RFG Covered 

Area 

V. Public Comment Summary. 

VI. What action is EPA taking? 

VII. Application of This Interpretation to the 

Atlanta Area 

VIII. Statutory and Executive Order Reviews 

I. Background 

Based on the Atlanta metropolitan 

area’s failure to achieve the 1-hour 

ozone standard according to a 

statutorily-prescribed deadline, the area 

was reclassified as a severe ozone 

nonattainment area and required to use 

RFG. However, as a result of pending 

legal proceedings, RFG has never been 

implemented in Atlanta, and Atlanta 

has not relied on emissions reductions 

from federal RFG in its EPA-approved 

ozone SIP. In the interim, the air quality 

in Atlanta has improved; due in part to 

various control strategies in place as 

well as vehicle fleet changes, and EPA 

has redesignated the area as in 

attainment with both the 1-hour and 

1997 8-hour ozone standards. Atlanta is 

currently designated a marginal 

nonattainment area under the 2008 

8-hour ozone standard. Although the 

Clean Air Act clearly imposes the 

obligation to use RFG on areas one year 

after they are reclassified as a severe 

nonattainment area, it is ambiguous as 

to when such RFG covered areas may 

discontinue use of RFG. The State has 

sought through a petition to EPA and 

associated litigation to avoid the 

implementation of the RFG program in 

Atlanta following classification of the 

area as a severe nonattainment area 

under the one-hour ozone standard. The 

RFG requirement has been stayed 

pending resolution of the litigation, and 

during the time that Atlanta was 

mstockstill on DSK4VPTVN1PROD with RULES