41562 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0366; FRL–9435–1] 

Approval and Promulgation of 

Implementation Plans; California; 2007 

South Coast PM2.5 Plan and 2007 State 

Strategy 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

in part and disapprove in part state 

implementation plan (SIP) revisions 

submitted by California to provide for 

attainment of the 1997 fine particulate 

matter (PM2.5) national ambient air 

quality standards in the Los AngelesSouth 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 provisions of the 

2007 State Strategy (revised 2009 and 

2011). EPA is proposing to approve the 

emissions inventories; air quality 

modeling; reasonably available control 

measures/reasonably available control 

technology demonstration; the 

reasonable further progress and 

attainment demonstrations; and the 

transportation conformity motor vehicle 

emissions budgets. EPA is also 

proposing to grant California’s request 

to extend the attainment deadline for 

the South Coast to April 5, 2015 and to 

approve commitments to measures and 

reductions by the South Coast Air 

Quality Management District and the 

California Air Resources Board. Finally, 

we are proposing to disapprove the 

SIP’s contingency measures and to reject 

the assignment of 10 tpd of NOX

reductions to the federal government. 

This proposed rule amends EPA’s 

November 22, 2010 proposed rule (75 

FR 91294) on the South Coast PM2.5

plan and 2007 State strategy. 

DATES: Any comments must arrive by 

August 15, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0366, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions. 

• E-mail: tax.wienke@epa.gov. 

• Mail or deliver: Marty Robin, Office 

of Air Planning (AIR–2), U.S. 

Environmental Protection Agency 

Region 9, 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 http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 http://www.regulations.gov Web site 

and in hard copy at EPA Region 9, 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. 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 9, (415) 947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The PM2.5 NAAQS and the South Coast 

PM2.5 Nonattainment Area 

II. California’s State Implementation Plan 

Submittals to Address PM2.5 Attainment 

in the South Coast Nonattainment Area 

A. California’s SIP Submittals 

1. 2007 South Coast AQMP 

2. CARB 2007 State Strategy 

3. CARB 2009 State Strategy Status Report 

4. Additional 2008 SIP Submittal Related 

to Motor Vehicle Emissions Budgets 

5. CARB 2011 Progress Report 

6. Revisions to the 2007 PM2.5 and Ozone 

State Implementation Plan for South 

Coast Air Basin and Coachella Valley 

B. CAA Procedural Requirements for SIP 

Submittals 

III. EPA’s 2010 Proposed Action on the South 

Coast PM2.5 SIP 

IV. CAA and Regulatory Requirements for 

PM2.5 Attainment SIPs 

V. Review of the South Coast 2007 AQMP 

and the South Coast Portion of the 

Revised 2007 State Strategy 

A. Emission Inventories 

1. Requirements for Emission Inventories 

2. Emission Inventories in the South Coast 

2007 AQMP 

3. Proposed Action on the Emission 

Inventories 

B. Reasonably Available Control Measures 

(RACM)/Reasonably Available Control 

Technology (RACT) and Adopted 

Control Strategy 

1. Requirement for RACM/RACT 

2. RACM/RACT Demonstration in the 

South Coast 2007 AQMP and the 2007 

State Strategy 

a. District’s RACM/RACT Analysis and 

Adopted Control Strategy 

b. CARB’s RACM Analysis and Adopted 

Control Strategy 

c. The Local Jurisdiction’s RACM Analysis 

3. Proposed Actions on RACM/RACT 

Demonstration and Adopted Control 

Strategy 

C. Attainment Demonstration 

1. Requirements for Attainment 

Demonstration 

2. Air Quality Modeling in the South Coast 

2007 AQMP 

3. PM2.5 Precursors Addressed in the South 

Coast 2007 AQMP 

4. Extension of the Attainment Date 

5. Attainment Demonstration 

a. Enforceable Commitments 

i. The Commitment Represents a Limited 

Portion of Required Reductions 

ii. The State Is Capable of Fulfilling Its 

Commitment 

iii. The Commitment Is for a Reasonable 

and Appropriate Period of Time 

b. Federal Reductions 

6. Proposed Action on the Attainment 

Demonstration 

D. Reasonable Further Progress 

Demonstration 

1. Requirements for Reasonable Further 

Progress 

2. Reasonable Further Progress 

Demonstration in the South Coast 2007 

AQMP 

3. Proposed Action on the RFP 

Demonstration 

E. Contingency Measures 

1. Requirements for Contingency Measures 

2. Contingency Measures in the South 

Coast 2007 AQMP 

3. Proposed Action on the Contingency 

Measures 

F. Motor Vehicle Emissions Budgets for 

Transportation Conformity 


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1On October 17, 2006, EPA strengthened the 24- 

hour PM2.5 NAAQS by lowering the level to 35 μg/ 

m3. At the same time, we retained the level of the 

annual PM2.5 standard at 15.0 μg/m3. 71 FR 61144. 

On November 13, 2009, EPA designated areas, 

including the South Coast, with respect to the 

revised 24-hour NAAQS. 74 FR 58688. California is 

now required to submit an attainment plan for the 

35 μg/m3 standards by December 14, 2012. In this 

preamble, all references to the PM2.5 NAAQS, 

unless otherwise specified, are to the 1997 24-hour 

PM2.5 standards of 65 μg/m3 and annual standards 

of 15 μg/m3 as codified in 40 CFR 50.7. 

2See the Air Quality Subsystem (AQS) 

Preliminary Design Value Report dated April 21, 

2011 in the docket for today’s action. 16.8 μg/m3

is the highest design value in the South Coast 

nonattainment area. The design value is the three 

year average of annual means of a single monitoring 

site. (see 40 CFR 50 Appendix N Section 1(c)(1)). 

This design value is based on 2008 and 2009 data 

that are complete, validated, and certified by the 

District and on 2010 data that are complete and 

validated but not yet certified by the District. 

3The South Coast 2007 AQMP is the first South 

Coast Plan to address PM2.5. 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 (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 

Continued 

1. Requirements for Transportation 

Conformity 

2. Budgets in the South Coast 2007 AQMP 

and Additional 2008 Submittal 

3. EPA’s 2008 Adequacy/Inadequacy 

Finding 

4. Updated Motor Vehicle Emissions 

Budgets in the 2011 Progress Report and 

Additional Revisions 

5. Proposed Action on the Revised 

Updated Budgets in the 2011 Progress 

Report 

6. Proposed Action on the Trading 

Mechanism 

VI. EPA’s Proposed Actions and 

Consequences 

A. EPA’s Proposed Approvals and 

Disapprovals 

B. CAA Consequences of a Final 

Disapproval 

VII. Statutory and Executive Order Reviews 

I. The PM2.5 NAAQS and the South 

Coast PM2.5 Nonattainment Area 

On July 18, 1997 (62 FR 36852), EPA 

established new national ambient air 

quality standards (NAAQS) for PM2.5, 

particulate matter with a diameter of 2.5 

microns or less, including annual 

standards of 15.0 micrograms per cubic 

meter (μg/m3) based on a 3-year average 

of annual mean PM2.5 concentrations, 

and 24-hour (daily) standards of 65 μg/ 

m3 based on a 3-year average of the 98th 

percentile of 24-hour concentrations. 40 

CFR 50.7 EPA established the standards 

based on substantial evidence from 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to PM2.5 concentrations 

above the levels of these standards. 

Epidemiological studies have shown 

statistically significant correlations 

between elevated PM2.5 levels and 

premature mortality. Other important 

health effects associated with PM2.5

exposure include aggravation of 

respiratory and cardiovascular disease 

(as indicated by increased hospital 

admissions, emergency room visits, 

absences from school or work, and 

restricted activity days), changes in lung 

function and increased respiratory 

symptoms, as well as new evidence for 

more subtle indicators of cardiovascular 

health. Individuals particularly 

sensitive to PM2.5 exposure include 

older adults, people with heart and lung 

disease, and children. See, EPA, Air 

Quality Criteria for Particulate Matter, 

No. EPA/600/P–99/002aF and EPA/600/ 

P–99/002bF, October 2004. 

PM2.5 can be emitted directly into the 

atmosphere as a solid or liquid particle 

(‘‘primary’’ or ‘‘direct PM2.5’’) or can be 

formed in the atmosphere as a result of 

various chemical reactions from 

precursor emissions of nitrogen oxides 

(NOX), sulfur oxides (SOX), volatile 

organic compounds (VOC) and 

ammonia (NH3) (‘‘secondary PM2.5’’). 

See 72 FR 20586, 20589 (April 25, 

2007). 

Following promulgation of a new or 

revised NAAQS, EPA is required by 

Clean Air Act (CAA) section 107(d) to 

designate areas throughout the United 

States as attaining or not attaining the 

NAAQS. On January 5, 2005, EPA 

published initial air quality 

designations for the 1997 PM2.5 NAAQS, 

based on air quality monitoring data for 

three-year periods of 2001–2003 or 

2002–2004 (70 FR 944). These 

designations became effective on April 

5, 2005. 

EPA designated the ‘‘Los AngelesSouth Coast Air Basin’’ area (South 

Coast nonattainment area), including 

Orange County, the southwestern twothirds of Los Angeles County, 

southwestern San Bernardino County, 

and western Riverside County as 

nonattainment for both the 1997 24- 

hour and the annual PM2.5 standards. 

The South Coast PM2.5 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 PM2.5

nonattainment area, see 40 CFR 81.305.1

The local air district with primary 

responsibility for developing a plan to 

attain the PM2.5 NAAQS in this area is 

the South Coast Air Quality 

Management District (District or 

SCAQMD). 

Ambient 24-hour PM2.5 levels in the 

South Coast are well below the 1997 

PM2.5 NAAQS. Ambient annual PM2.5

levels are improving but are still above 

the federal NAAQS. The design value 

monitor at Mira Loma recorded a value 

of 16.8 μg/m3 for the 2008–2010 

period.2 In the South Coast, the levels 

and composition of PM2.5 differ by 

geographic location, with higher PM2.5

concentrations typically occurring in 

metropolitan Los Angeles and in the 

inland valley areas of San Bernardino 

and metropolitan Riverside Counties. 

The higher PM2.5 concentrations in Los 

Angeles County are mainly due to 

secondary formation of particulates. See 

South Coast 2007 AQMP, page 2–13. 

II. California’s State Implementation 

Plan Submittals To Address PM2.5

Attainment 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) under 

title 1, part D of the CAA. This SIP must 

include, among other things, a 

demonstration of how the NAAQS will 

be attained in the nonattainment area as 

expeditiously as practicable, but no later 

than the date required by the CAA. 

Under CAA section 172(b), a State has 

up to three years after an area’s 

designation to nonattainment to submit 

its SIP to EPA. For the 1997 PM2.5

NAAQS, these nonattainment SIPs were 

due no later than April 5, 2008. 

California has made six SIP submittals 

to address PM2.5 nonattainment in the 

South Coast nonattainment area. The 

two principal ones are the District’s 

2007 PM2.5 Plan (South Coast 2007 

AQMP) and the CARB’s State Strategy 

for California’s 2007 State 

Implementation Plan (2007 State 

Strategy). 

In addition to these submittals, the 

District and State have also submitted 

numerous rules that contribute to 

improving air quality in the South Coast 

nonattainment area. See Appendices A 

and B of the technical support 

document (TSD) for this proposal. 

1. 2007 South Coast AQMP 

On November 28, 2007, the California 

Air Resources Board (CARB or State) 

submitted the ‘‘Final 2007 Air Quality 

Management Plan, June 2007.’’ 3 This 


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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. 

4See letter, James N. Goldstene, Executive 

Officer, CARB, to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, September 15, 2010, 

with enclosures. 5While the applicable attainment date for PM2.5

areas with a full five-year extension is April 5, 

2015, reductions must be implemented by 2014 to 

achieve attainment by that date. See 40 CFR 

51.1007(b). We, therefore, refer to 2014 as the 

attainment year and April 5, 2015 as the attainment 

date. 

6See 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. 

7The 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. 

8See 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 No. 09–34. 

9See CARB Board Resolution 11–24, May 18, 

2011 and letter, James N. Goldstene, Executive 

Officer, CARB to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, May 19, 2011 with 

enclosures. Only 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. 

10On June 20, 2011, CARB posted to its Web site 

technical revisions to the updated motor vehicle 

emissions budgets (budgets) in the 2011 Progress 

Report. See http://www.arb.ca.gov/planning/sip/ 

2007sip/2007sip.htm. We discuss these revisions in 

the section on budgets below. 

11See letter, Lynn Terry, Deputy Executive 

Officer, CARB, to Jared Blumenfeld, Regional 

Plan was adopted by the District on June 

1, 2007 and submitted to CARB on 

October 24, 2007.4 The South Coast 

2007 AQMP includes a PM2.5 attainment 

demonstration for the South Coast. In 

order to meet relevant CAA 

requirements for the PM2.5 NAAQS, the 

South Coast 2007 AQMP includes base 

and projected year PM2.5 emissions 

inventories for the South Coast 

nonattainment area; air quality 

monitoring data; short-, medium- and 

long-term District control measures; a 

summary of CARB’s control measures; 

transportation control measures (TCMs); 

a demonstration of reasonable further 

progress (RFP); a modeled attainment 

demonstration; a demonstration of 

reasonably available control measures/ 

reasonably available control technology 

(RACM/RACT); contingency measures 

for the 1997 PM2.5 RFP and for 

attainment for the South Coast PM2.5

nonattainment area; and a request to 

extend the attainment date for the 1997 

PM2.5 NAAQS to April 5, 2015, although 

all controls necessary for attainment by 

that date will be in place by the 

attainment year of 2014.5 The South 

Coast 2007 AQMP submittal also 

includes District Governing Board 

Resolution 07–9 adopting the final 

South Coast 2007 AQMP. 

2. CARB 2007 State Strategy 

To demonstrate attainment, the South 

Coast 2007 AQMP relies in part on 

measures in the 2007 State Strategy. The 

2007 State Strategy was adopted on 

September 27, 2007 and submitted to 

EPA on November 16, 2007.6 It 

discusses CARB’s overall approach to 

addressing, in conjunction with local 

plans, attainment of both the 1997 PM2.5

and 8-hour ozone NAAQS not only in 

the South Coast nonattainment area but 

also in California’s other nonattainment 

areas such as the San Joaquin Valley 

and the Sacramento area. It also 

includes CARB’s commitments to 

propose 15 defined State measures 7 and 

to obtain specific amounts of aggregate 

emissions reductions of direct PM2.5, 

NOX, VOC and SOX in the South Coast 

from sources under the State’s 

jurisdiction, primarily on- and off-road 

motor vehicles and engines. 

3. CARB 2009 State Strategy Status 

Report 

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, 

adopted April 24, 2009 (‘‘2009 State 

Strategy Status Report’’),8 which 

updates the 2007 State Strategy to 

reflect its implementation during 2007 

and 2008. 

In today’s proposal, we are evaluating 

only those portions of the South Coast 

2007 AQMP and 2007 State Strategy and 

its revisions (including the 2011 

revisions described below) that are 

relevant for attainment of the 1997 PM2.5

standards in the South Coast 

nonattainment area. 

4. Additional 2008 SIP Submittal 

Related to Motor Vehicle Emissions 

Budgets 

In addition to the SIP submittals for 

the 1997 PM2.5 NAAQS mentioned 

above, on April 4, 2008, the District 

Governing Board approved an 

alternative approach for transportation 

conformity motor vehicle emission 

budgets for the South Coast 

nonattainment area. This new approach 

was based on the 2007 SIP baseline 

emissions reflecting only the regulations 

adopted as of October 2006 for all 

milestone years up to the attainment 

year. The CARB Governing Board 

approved Resolution 08–27 itemizing 

the modifications to the South Coast 

nonattainment area transportation 

conformity emission budgets. The 

revised motor vehicle emissions budgets 

were submitted as an amendment to the 

California SIP on April 30, 2008 and 

were amended as part of the 2011 

Progress Report discussed below. We 

are acting on the budgets as amended in 

2011 today. 

5. CARB 2011 Progress Report 

On May 18, 2011, CARB submitted 

the ‘‘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 (‘‘2011 

Progress Report’’).9 This submittal, 

which updates both the 2007 State 

Strategy and the South Coast 2007 

AQMP, shows that both CARB and the 

District have made significant progress 

in meeting their commitments to adopt 

measures and to reduce emissions. More 

specifically, it updates CARB’s 

rulemaking calendar in the 2007 State 

Strategy to reflect the current status of 

CARB’s adopted PM2.5 measures and to 

change the expected action dates for 

several measures. It also updates the 

RFP demonstration, contingency 

measures, and transportation conformity 

motor vehicle emissions budgets in the 

South Coast 2007 AQMP to reflect rule 

adoption, changes to activity and 

emissions factors for certain source 

categories, and the impact on projected 

emissions levels in the South Coast 

nonattainment area of the recent 

economic recession.10

6. Revisions to the 2007 PM2.5 and 

Ozone State Implementation Plan for 

South Coast Air Basin and Coachella 

Valley 

Also, on May 19, 2011, CARB 

submitted a SIP revision entitled 

‘‘Revisions to the 2007 PM2.5 and Ozone 

State Implementation Plan for South 

Coast Air Basin and Coachella Valley 

(SIP Revisions)’’. These SIP revisions 

provide revised control measure 

commitments, a revised rule 

implementation schedule, and a partial 

backstop for the 10 tpd NOX federal 

assignment for the South Coast 2007 

AQMP.11 For the purposes of today’s 


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Administrator, EPA Region 9, dated May 19, 2011, 

and enclosed ARB Board Resolution 11–24. 

12See letter, Deborah Jordan, EPA Region 9, to 

James Goldstene, CARB, dated June 13, 2011 in the 

docket for today’s action. 

proposal, we will refer to this SIP 

revision as ‘‘2011 Progress Report, 

Appendix F’’, since it was included as 

an Appendix to the 2011 Progress 

Report submitted on May 18, 2011. 

In today’s proposal, we are only 

evaluating those portions of the South 

Coast 2007 AQMP and the 2007 State 

Strategy and its revisions that are 

relevant for attainment of the PM2.5

standards in the South Coast 

nonattainment area. 

Future references in this proposal to 

the AQMP and the 2007 State Strategy 

will be to the AQMP as revised in 2011 

and the Strategy as revised in 2009 and 

2011, respectively, unless otherwise 

noted. 

B. CAA Procedural Requirements for SIP 

Submittals 

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 submittal 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 submittal of the South 

Coast 2007 AQMP. 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 (District 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. 

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. (CARB Resolution 

No. 07–28). CARB also provided the 

required public notice, opportunity for 

public comment, and a public hearing 

prior to its April 24, 2009 adoption of 

the 2009 State Strategy Status Report. 

CARB also provided the required public 

notice, opportunity for public comment, 

and a public hearing prior to its April 

28, 2011 adoption of the 2011 Progress 

Report. See CARB Resolution 09–34 and 

CARB Executive Order S–11–010. 

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 the four 

submittals that comprise the South 

Coast PM2.5 Plan meet the procedural 

requirements of 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 become complete 6 

months after the date of submittal by 

operation of law. EPA’s SIP 

completeness criteria are found in 40 

CFR part 51, Appendix V. 

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 2009 revisions to the Strategy 

became complete by operation of law on 

May 16, 2008 and February 12, 2010, 

respectively. We determined that the 

2011 Progress Report was complete on 

June 13, 2011.12

III. EPA’s 2010 Proposed Action on the 

South Coast PM2.5 SIP 

This is the second time EPA has 

proposed action on California’s SIP to 

address attainment of the 1997 PM2.5

standards in the South Coast 

nonattainment area. On November 22, 

2010 (75 FR 71294), EPA proposed to 

approve in part and disapprove in part 

the 2007 South Coast PM2.5 plan and the 

related portions of the 2007 State 

Strategy as amended in 2009. 

Specifically, we proposed to approve 

the emissions inventories as meeting the 

applicable requirements of the CAA and 

the PM2.5 implementation rule in 40 

CFR part 51, subpart Z. We proposed to 

approve the District’s and CARB’s 

commitments to specific measures and 

specific aggregate emissions reductions 

in these SIP revisions because their 

approval would strengthen the SIP. We 

also proposed to approve the air quality 

modeling. 

We previously proposed to 

disapprove the attainment 

demonstration as not meeting the 

applicable requirements of the CAA and 

the PM2.5 implementation rule because 

it relied too extensively on enforceable 

commitments to reduce emissions in 

place of fully-adopted and submitted 

rules. Based on this proposed 

disapproval, we also proposed to 

disapprove the RACM/RACT and RFP 

demonstrations. We also proposed to 

disapprove the related contingency 

measures and transportation conformity 

motor vehicle emissions budgets for the 

RFP milestone years 2009 and 2012 and 

the attainment year of 2014. Finally, we 

proposed not to grant the State’s request 

to extend the attainment date for the 

PM2.5 NAAQS in the South Coast 

nonattainment area to April 5, 2015. 

During the comment period for the 

November 2010 proposal, we received 

four comment letters from the public as 

well as comment letters from CARB and 

the District. Subsequent to the close of 

the comment period, CARB adopted and 

submitted revisions to the South Coast 

2007 AQMP and 2007 State Strategy. 

After considering information contained 

in the comment letters and these 

supplemental SIP submittals, we have 

substantially amended our November 

2010 proposed action as described 

below. EPA will consider all significant 

comments submitted in response to both 

its November 2010 proposal and today’s 

proposal before taking final action on 

the South Coast 2007 AQMP. However, 

EPA strongly encourages those who 

submitted comments on the November 

2010 proposal to submit revised 

comments reflecting today’s amended 

proposal during the comment period on 

this amended proposal. 

IV. CAA and Regulatory Requirements 

for PM2.5 Attainment SIPs 

EPA is implementing the PM2.5

NAAQS under Title 1, part D, subpart 

1 of the CAA, which includes section 

172, ‘‘Nonattainment plan provisions.’’ 

Section 172(a)(2) establishes the 

attainment date for a PM2.5

nonattainment area ‘‘as expeditiously as 

practicable’’ but no later than five years 

after the area’s designation as 

nonattainment. This section also allows 

EPA to grant up to a five-year extension 

of an area’s attainment date based on the 

severity of the area’s nonattainment and 

the availability and feasibility of 

controls. EPA designated the South 

Coast as a nonattainment area effective 

April 5, 2005, and thus the applicable 

attainment date is no later than April 5, 

2010 or, should EPA grant a full fiveyear extension, no later than April 5, 

2015. 

Section 172(c) contains the general 

statutory planning requirements 

applicable to all nonattainment areas, 

including the requirements for 

emissions inventories, RACM/RACT, 

attainment demonstrations, RFP 

demonstrations, and contingency 

measures. 

On April 25, 2007, EPA issued the 

Clean Air Fine Particle Implementation 


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13 In June 2007, a petition to the EPA 

Administrator was filed on behalf of several public 

health and environmental groups requesting 

reconsideration of four provisions in the PM2.5

implementation rule. See EarthJustice, Petition for 

Reconsideration, ‘‘In the Matter of Final Clean Air 

Fine Particle Implementation Rule,’’ June 25, 2007. 

These provisions are (1) the presumption that 

compliance with the Clean Air Interstate Rule 

satisfies the NOX and SO2 RACT requirements for 

electric generating units; (2) the deferral of the 

requirement to establish emission limits for 

condensable particulate matter (CPM) until January 

1, 2011; (3) revisions to the criteria for analyzing the 

economic feasibility of RACT; and (4) the use of 

out-of-area emissions reductions to demonstrate 

RFP. These provisions are found in the PM2.5

implementation rule and preamble at 20623–20628, 

40 CFR 51.1002(c), 20619–20620, and 20636, 

respectively. On May 13, 2010, EPA granted the 

petition with respect to the fourth issue. Letter, 

Gina McCarthy, EPA, to David Baron and Paul Cort, 

EarthJustice, May 13, 2010. On April 25, 2011, EPA 

granted the petition with respect to the first and 

third issues, but denied the petition with respect to 

the second issue given that the deferral period for 

CPM emissions limits had already ended. Letter, 

Lisa P. Jackson, EPA, to Paul Cort, EarthJustice, 

April 25, 2011. EPA intends to publish in the 

Federal Register notice that will announce the 

granting of the latter petition with respect to certain 

issues and to initiate a notice and comment process 

to consider proposed changes to the 2007 PM2.5

implementation rule. 

Neither the District nor the State relied on the 

first, third, or fourth of these provisions in 

preparing the South Coast 2007 AQMP or 2007 

State Strategy. The District has deferred CPM limits 

in its rules. This limited deferral does not affect the 

South Coast 2007 AQMP’s RACM/RACT and 

expeditious attainment demonstrations. EPA will 

evaluate any rule adopted or revised by the District 

after January 1, 2011 to assure that it appropriately 

addresses CPM. 

14The District controls sulfur oxides (SOX), 

which includes SO2, and considers the two terms 

interchangeable for emissions purposes. We will 

use SOX in this notice. 

Rule for the 1997 PM2.5 NAAQS. 72 FR 

20586, codified at 40 CFR part 51, 

subpart Z (PM2.5 implementation rule). 

The PM2.5 implementation rule and its 

preamble address the statutory planning 

requirements for emissions inventories, 

RACM/RACT, attainment 

demonstrations including air quality 

modeling requirements, RFP 

demonstrations, and contingency 

measures. This rule also addresses other 

matters such as which PM2.5 precursors 

must be addressed by the State in its 

PM2.5 attainment SIP, applicable 

attainment dates, and the requirement 

for mid-course reviews.13 We will 

discuss each of these CAA and 

regulatory requirements for attainment 

plans in more detail below. 

V. Review of the South Coast 2007 

AQMP and the South Coast Portion of 

the 2007 State Strategy 

We summarize our evaluation of the 

South Coast PM2.5 plan’s compliance 

with applicable CAA and EPA 

regulatory requirements below. Our 

detailed evaluation can be found in the 

TSD for this proposal, which is 

available on line at http:// 

www.regulations.gov in docket number 

EPA–R09–OAR–2009–0366, or from the 

EPA contact listed at the beginning of 

this notice. 

A. Emissions Inventories 

1. Requirements for Emissions 

Inventories 

CAA section 172(c)(3) requires states 

to submit a plan revision that includes 

‘‘comprehensive, accurate, current 

inventory of actual emissions from all 

sources of the relevant pollutant.’’ The 

PM2.5 implementation rule requires 

states to include direct PM2.5 emissions 

and emissions of all PM2.5 precursors in 

this inventory, even if it has determined 

that control of any of these precursors 

is not necessary for expeditious 

attainment. 40 CFR 51.1008(a)(2) and 72 

FR 20586, at 20648. Direct PM2.5

includes condensable particulate matter. 

See 40 CFR 51.1000. PM2.5 precursors 

are NOX, SO2, VOC, and ammonia 

(NH3).14 Id. The inventories should meet 

the data requirements of EPA’s 

Consolidated Emissions Reporting Rule 

(codified at 40 CFR part 51 subpart A) 

and include any additional inventory 

information needed to support the SIP’s 

attainment demonstration and (where 

applicable) RFP demonstration. 40 CFR 

51.1008(a)(1) and (2). 

Baseline emissions inventories are 

required for the attainment 

demonstration and for meeting RFP 

requirements. As determined on the 

date of designation, the base year for 

these inventories should be the most 

recent calendar year for which a 

complete inventory was required to be 

submitted to EPA. The emission 

inventory for calendar year 2002 or 

other suitable year should be used for 

attainment planning and RFP plans for 

areas initially designated nonattainment 

for the PM2.5 NAAQS in 2005. 40 CFR 

51.1008(b). 

EPA has provided additional 

guidance for PM2.5 emission inventories 

in ‘‘Emissions Inventory Guidance for 

Implementation of Ozone and 

Particulate Matter NAAQS and Regional 

Haze Regulations,’’ November 2005 

(EPA–454/R–05–001). 

2. Emissions Inventories in the South 

Coast 2007 AQMP 

The base year and future year baseline 

planning inventories for direct PM2.5

and all PM2.5 precursors for the South 

Coast nonattainment area together with 

additional documentation for the 

inventories are found in Appendix III of 

the South Coast 2007 AQMP. Average 

annual day baseline inventories are 

provided for the plan’s base year of 2002 

(the reference year for the RFP 

demonstration) as well as 2005, 2008, 

2010, 2011, and 2014. The base year and 

baseline inventories incorporate 

reductions from federal, state, and 

District measures adopted prior to 2007. 

South Coast 2007 AQMP, page 3–1. The 

District also provided both summer and 

winter planning inventories for PM2.5

and PM2.5 precursors. South Coast 2007 

AQMP, Appendix III, page III–1–23. 

Table 1 is a summary of the average 

annual day inventories for directlyemitted PM2.5 and for the PM2.5

precursors NOX, VOC, and SOX for the 

base year of 2002 from the South Coast 

2007 AQMP (derived from Appendix A, 

Table A–2). It is these inventories that 

provide the basis for the control 

measure analysis and the RFP and 

attainment demonstrations in the South 

Coast 2007 AQMP. 

TABLE 1—SOUTH COAST NONATTAINMENT AREA EMISSIONS INVENTORY SUMMARY FOR PM2.5 AND PM2.5 PRECURSORS

FOR THE 2002 BASELINE YEAR

[Annual average day emissions in tons per day] a

Emissions inventory category NOX

2002 

VOC 

2002 

PM2.5

2002 

SOX

2002 

NH3 b

2005 

Stationary/Areawide Sources ................................................................... 93 302 60 22 75 

On-road Mobile Sources .......................................................................... 628 362 18 4 29 

Off-road Mobile Sources .......................................................................... 372 180 21 27 n/a 


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15Electronic mail from Kathy Hsiao, SCAQMD to 

Wienke Tax, EPA Region 9, ‘‘RE: NH3 numbers for 

SCAB,’’ dated October 29, 2010. 16See 72 FR 20586, at 20647. 

17See Attachment 1 to the letter, Lynn Terry, 

Deputy Executive Officer, CARB, to Elizabeth 

Adams, Deputy Director, Air Division, US EPA 

Region 9, dated May 18, 2011 (‘‘CARB Progress 

Report supplement’’), in the docket for today’s 

proposal. 

TABLE 1—SOUTH COAST NONATTAINMENT AREA EMISSIONS INVENTORY SUMMARY FOR PM2.5 AND PM2.5 PRECURSORS

FOR THE 2002 BASELINE YEAR—Continued 

[Annual average day emissions in tons per day] a

Emissions inventory category NOX

2002 

VOC 

2002 

PM2.5

2002 

SOX

2002 

NH3 b

2005 

Total .................................................................................................. 1093 844 99 53 104 

aSource: 2007 AQMP, pp. 3–9 and 3–14, Tables 3–1A and 3–3A. Numbers may not add due to rounding. Ammonia emissions estimates were 

updated to 2005 by SCAQMD. b NH3 numbers were not provided for 2002. 

As a starting point for the South Coast 

2007 AQMP’s inventories, the District 

used CARB’s inventory for the year 

2002. An example of 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 future years using CARB’s 

California Emission Forecasting and 

Planning Inventory System (CEFIS). 

South Coast 2007 AQMP, Appendix III, 

page III–1–1. Both base year and 

baseline inventories use the current 

version of California’s mobile source 

emissions model approved by EPA for 

use in SIPs, EMFAC2007, for estimating 

on-road motor vehicle emissions. 73 FR 

3464 (January 18, 2008). Off-road 

inventories were developed using the 

CARB off-road model. Ammonia 

emissions estimates were provided 

separately by the District.15

When CARB submitted the 2011 

Progress Report, the revised attainment 

demonstration for the South Coast was 

based on the 2002 baseline inventory. 

This is consistent with the baseline 

inventory in the 2007 AQMP, as well as 

the base year for the RFP demonstration. 

It is also the year recommended by EPA 

guidance.16

3. Proposed Action on the Emission 

Inventories 

The inventories in the South Coast 

2007 AQMP are based on the most 

current and accurate information 

available to the State and District at the 

time the Plan was developed and 

submitted (including using the latest 

EPA-approved version of California’s 

mobile source emissions model, 

EMFAC2007), address comprehensively 

all source categories in the South Coast 

nonattainment area, and are consistent 

with EPA’s inventory guidance. For 

these reasons, EPA is proposing to 

approve the 2002 base year emissions 

inventory in the South Coast 2007 

AQMP as meeting the requirements of 

CAA section 172(c)(3) and 40 CFR 

51.1008(a)(1) and to find that the 

baseline inventories in the South Coast 

2007 AQMP provide an adequate basis 

for the RACM/RACT, RFP, and 

attainment demonstrations. We provide 

more detail on our review of the base 

year inventory as well as the projected 

year inventories in section II.A. of the 

TSD. 

Since late 2007, California has 

experienced an economic recession that 

has greatly reduced current levels of 

economic activity in the State’s 

construction and goods movement 

sectors. The recession has resulted in 

lowered projected future levels of 

activity in this sector. 2011 Progress 

Report, Appendix E. As a result, 

projected emission levels from these 

categories are now substantially lower 

than the levels projected for 2008 and 

later in the Plan as submitted in 2007. 

At this time, California is addressing 

these recession impacts on future 

economic activity through adjustments 

to the baseline inventories for specific 

source categories. See 2011 Progress 

Report, Appendix E, page 2. There are 

no recession-related adjustments to the 

2002 base year inventory in the South 

Coast 2007 AQMP. 

CARB also made technical changes to 

the inventories for diesel trucks, buses, 

and certain categories of off-road mobile 

source engines as part of its December 

2010 rulemaking amending the In-Use 

On-Road Truck and Bus Rule and the 

In-Use Off-Road Engine rule. Id. The 

State estimates that these changes 

collectively reduce the 2002 base year 

total inventory in the South Coast by 4 

percent for NOX and 5 percent for 

PM2.5.17 These changes are small given 

the normal and unavoidable 

uncertainties in all emissions 

inventories, and therefore, do not 

change our basis for proposing to 

approve the base year inventory or to 

find the baseline inventories adequate 

for SIP planning purposes. We discuss 

the impact of these changes on the 

plan’s RFP and attainment 

demonstrations later in this notice. 

We note that the District and CARB 

are currently working on revisions to 

the South Coast AQMP to address the 

2006 24-hour PM2.5 standards. These 

revisions are due to EPA in December 

2012 and will include the most current 

inventory information that is available. 

B. Reasonably Available Control 

Measures (RACM)/Reasonably Available 

Control Technology (RACT) and 

Adopted Control Strategy 

1. Requirements for RACM/RACT 

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 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.’’ EPA 

defines RACM as measures that a State 

finds are both reasonably available and 

contribute to attainment as 

expeditiously as practicable in its 

nonattainment area. Thus, what 

constitutes RACM/RACT in a PM2.5

attainment plan is closely tied to that 

plan’s expeditious attainment 

demonstration. 40 CFR 51.1010; 72 FR 

20586 at 20612. States are required to 

evaluate RACM/RACT for direct PM2.5

and all of its attainment plan precursors. 

40 CFR 51.1002(c). 

Consistent with subpart 1 of Part D of 

the CAA, EPA is requiring a combined 

approach to RACM and RACT for PM2.5

attainment plans. Subpart 1, unlike 

subparts 2 and 4, does not identify 

specific source categories for which EPA 

must issue control technology 

documents or guidelines for what 

constitutes RACT, or identify specific 

source categories for State and EPA 

evaluation during attainment plan 

development. 72 FR 20586 at 20610. 

Rather, under subpart 1, EPA considers 


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18The Carl Moyer Memorial Air Quality 

Standards Attainment Program (‘‘Carl Moyer 

Program’’) provides incentive grants for engines, 

equipment and other sources of pollution that are 

cleaner than required, providing early or extra 

emission reductions. Eligible projects include 

cleaner on-road, off-road, marine, locomotive and 

stationary agricultural pump engines. The program 

achieves near-term reductions in emissions of NOX, 

PM, and VOC or reactive organic gas (ROG) which 

are necessary for California to meet its clean air 

commitments under the SIP. 

19The SOON program provides funding 

assistance to applicable fleets for the purchase of 

commercially-available low-emission heavy-duty 

engines to achieve near-term reduction of NOX

emissions from in-use off-road diesel vehicles. All 

large fleets with a total statewide equipment 

horsepower (hp) over 20,000 hp must apply for 

funding. Fleets below 20,000 hp may voluntarily 

participate in this program. 

RACT to be part of an area’s overall 

RACM obligation. Because of the 

variable nature of the PM2.5 problem in 

different nonattainment areas, EPA 

determined not only that states should 

have flexibility with respect to RACT 

and RACM controls but also that in 

areas needing significant emission 

reductions to attain the standards, 

RACT/RACM controls on smaller 

sources may be necessary to reach 

attainment as expeditiously as 

practicable. 72 FR 20586 at 20612, 

20615. Thus, under the PM2.5

implementation rule, RACT and RACM 

are those reasonably available measures 

that contribute to attainment as 

expeditiously as practicable in the 

specific nonattainment area. 40 CFR 

51.1010; 72 FR 20586 at 20612. 

The PM2.5 implementation rule 

requires that attainment plans include 

the list of measures the state considered 

and information sufficient to show that 

a state met all requirements for the 

determination of what constitutes 

RACM/RACT in its specific 

nonattainment area. 40 CFR 51.1010. In 

addition, the rule requires that the state, 

in determining whether a particular 

emissions reduction measure or set of 

measures must be adopted as RACM/ 

RACT, consider the cumulative impact 

of implementing the available measures 

and adopt as RACM/RACT any potential 

measures that are reasonably available 

considering technological and economic 

feasibility if, considered collectively, 

they would advance the attainment date 

by one year or more. Id. 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. 

A more comprehensive discussion of 

the RACM/RACT requirement for PM2.5

attainment plans and EPA’s guidance 

for it can be found in the PM2.5

implementation rule preamble at 72 FR 

20586, at 20609–20633 and in section 

II.D. of the TSD for this proposal. 

2. RACM/RACT Demonstration in the 

South Coast 2007 AQMP and the 2007 

State Strategy 

For the South Coast 2007 AQMP and 

the 2007 State Strategy, the District, 

CARB 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 PM2.5 standards in the 

South Coast nonattainment area. These 

RACM/RACT analyses address control 

measures for sources of direct PM2.5, 

NOX, SOX, and VOC, which are the 

State’s selected attainment plan 

precursors for the 1997 PM2.5 standards 

in the South Coast (see section V.C.3 

below). We describe each agency’s 

efforts below. 

a. District’s RACM/RACT Analysis and 

Adopted Control Strategy 

The District’s RACM/RACT analysis, 

which focuses on stationary and area 

source controls, is described in Chapter 

6 and Appendix VI of the South Coast 

2007 AQMP. 

Since the 1970s, the District has 

adopted stationary source control rules 

that have resulted in significant 

improvement of air quality in the South 

Coast nonattainment area. When 

command and control rules were no 

longer within the limitations of 

economic efficiency, the District began 

using economic incentive approaches 

with programs such as the Surplus OffRoad Opt-In for NOX (SOON) program 

and the Carl Moyer program.18 19 While 

the District still relies on command and 

control regulations, the District’s control 

strategies are now supplemented by 

market incentive and compliance 

flexibility approaches where 

appropriate. These regulations and 

strategies have yielded significant 

emissions reductions from sources 

under the District’s jurisdiction. 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 suggested 

RACM and RACT, and evaluation of 

other air agencies’ regulations. See 

South Coast 2007 AQMP, Appendix VI. 

To determine which measures would 

be feasible for the South Coast, the 

District looked at measures 

implemented in other nonattainment 

areas’ plans (including the San Joaquin 

Valley, the San Francisco Bay Area, 

Sacramento, Ventura, Dallas-Fort Worth, 

the Houston-Galveston area, and by the 

Lake Michigan Air Directors 

Consortium, or 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. In addition, the District 

reviewed the list of control measures 

suggested for consideration in EPA’s 

PM2.5 implementation rule. The District 

also reevaluated all 82 District rules and 

regulations. The District then screened 

the identified measures and rejected 

those that affected few or no sources in 

the South Coast, had already been 

adopted as rules, or were in the process 

of being adopted. The District evaluated 

the remaining measures using baseline 

inventories, available control 

technologies, and potential emission 

reductions as well as whether the 

measure could be implemented on a 

schedule that would contribute to 

attainment of the PM2.5 standard 

assuming a 2015 deadline. South Coast 

2007 AQMP, Appendix VI. 

In general, EPA proposes to find that 

the District’s current rules and 

regulations are equivalent to, or more 

stringent than, those developed by other 

air districts with respect to emissions of 

PM2.5 and PM2.5 precursors. The District 

is exploring several options for reducing 

emissions further. These include the 

feasibility of lowering emission limits 

and increasing levels of control in order 

to promote cleaner stationary source 

technologies; lowering the VOC content 

of coatings and solvents; establishing 

standards and test methods for generic 

equipment and lowering release or leak 

thresholds; improving leak detection, 

repair, inspection and maintenance; and 

adding best management practices to 

rules. 

Based on its RACM/RACT evaluation 

for stationary and area sources under its 

jurisdiction, the District developed 37 

stationary source control measures 

which comprised all measures included 

in other districts’ AQMPs, as well as 

some new innovative measures. The 

District determined that the few 

available measures that District staff did 

not include would not advance the 

attainment date or contribute to RFP 

due to the insignificant or 

unquantifiable emissions reductions 

that they would potentially generate. 

See South Coast 2007 AQMP, Appendix 

VI, page VI–7. Since submittal of the 

AQMP in 2007, the District has 

completed action on the majority of 


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20CARB uses the term ROG (reactive organic 

gases) where we use the term VOC (volatile organic 

compounds). We will use the term VOC in this 

notice to refer to both ROG and VOC. 

these rules and submitted them to EPA 

for approval into the SIP. 

From October 2002 through June 

2006, the District adopted 

approximately 17 rules to address its 

commitment to achieve the reductions 

committed to in the 2003 AQMP for the 

South Coast. These rules included 

controls on VOC emissions from 

refineries and chemical plants, cocomposting operations, architectural 

coatings, solvent cleaning operations, 

oil and gas production wells, and 

livestock waste. Many of the adopted 

rules achieved more estimated 

reductions in VOC, NOX and SOX than 

were expected in the 2003 AQMP. A 

summary of these rules, which are 

included in the baseline emissions 

estimates for the South Coast 2007 

AQMP, is provided in Table 1–2 of the 

South Coast 2007 AQMP. See South 

Coast 2007 AQMP, Chapter 1, Table 1– 

2 and Chapter 4, page 4–6, and Table B– 

1 in Appendix B of the TSD for today’s 

action. 

In addition to the rules adopted for 

the 2003 AQMP, the District has also 

made new commitments in its South 

Coast 2007 AQMP to achieve further 

reductions from VOC, NOX, SOX and 

direct PM2.5 sources in the South Coast 

area. The District committed to adopt 

and submit measures that will achieve 

the following additional emissions 

reductions: 10.8 tpd NOX, 10.4 tpd VOC, 

2.9 tpd direct PM2.5 and 2.9 tpd SOX.20

See 2011 Progress Report, Appendix E, 

Table 1. The District expects to meet its 

emissions reductions commitments for 

each of the pollutants by adopting new 

control measures and programs found in 

the 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. 18), as 

updated in the 2011 Progress Report, 

Appendix E, Tables 2 through 5 and 

from additional actions summarized in 

the CARB Staff Report on the South 

Coast 2007 AQMP (see CARB Staff 

Report on South Coast 2007 AQMP, p. 

17). The new control measures and 

additional actions are estimated to 

achieve more of the District’s emission 

reduction commitments. They include 

new rules to regulate lubricants, 

consumer products, non-RECLAIM 

ovens, dryers and furnaces, space 

heaters, facility modernizations, 

livestock waste, residential wood 

burning, and commercial cooking. The 

South Coast 2007 AQMP also identifies 

22 measures (beyond the new control 

measures and additional actions just 

discussed) for further review, which 

may also yield additional reductions 

towards the District’s commitments. As 

discussed above, the District’s 

commitment is to achieve the estimated 

total tonnage reductions of each 

pollutant because specific control 

measures and actions as adopted may 

provide more or less reductions than 

estimated in the South Coast 2007 

AQMP. 

Finally, EPA notes that since the 

adoption of the South Coast 2007 

AQMP, the District has already adopted 

and submitted many of the rules in the 

South Coast 2007 AQMP that help fulfill 

the District’s enforceable commitments 

for additional emission reductions of 

NOX, VOC, direct PM2.5 and SOX in the 

South Coast area. Table 3 below 

summarizes the status of these new 

rules. 

TABLE 2—SOUTH COAST

[Annual average day emissions in tons per day] a

Pollutant 

SIP commitment by 2014 

Commitment Achieved Balance 

VOC ......................................................................................................................................................... 10.4 14 .4 +4 .0 

NOX .......................................................................................................................................................... 10.8 7 .60 ¥3 .2 

PM2.5 ........................................................................................................................................................ 2.9 1 .00 ¥1 .9 

SOX .......................................................................................................................................................... 2.9 4 .01 +1 .11 

Source: 2011 Progress Report, Appendix F, Table 1. The ‘‘Achieved’’ column in Table 2 reflects District rules submitted to EPA. Table 3 reflects emissions reductions EPA can credit towards the attainment demonstration. 

TABLE 3—STATUS OF DISTRICT SHORT- AND INTERMEDIATE-TERM CONTROL MEASURES CREDITED IN SOUTH COAST

2007 AQMP ATTAINMENT DEMONSTRATION

Control 

measure Rule No. Title 

Emissions reduction 

commitment in South 

Coast 2007 AQMP 

Emissions reductions 

achieved a SIP status 

BCM–03 .... 445 Woodburning fireplaces and wood stoves .. 1.0 tpd PM2.5 ............ 1.0 tpd PM2.5; 0.44 

tpd VOC; 0.06 tpd 

NOX; 0.01 tpd SOX.

74 FR 27716, 6/11/ 

09. 

BCM–05 .... 1138 Underfired charbroilers ................................ 1.1 tpd PM2.5 ............ ................................... 66 FR 36170, 7/11/ 

2001. 

CTS–01 ..... 1144 Metalworking fluids and direct-contact lubricants.1.9 tpd VOC ............. 3.9 tpd VOC ............. 75 FR 40726, 07/14/ 

10. 

CMB–01 .... 1147 NOX reductions from miscellaneous 

sources.

3.5 tpd NOX .............. 3.5 tpd NOX .............. 75 FR 46845, 08/04/ 

10. 

CMB–02 .... 2002 Further SOX reductions from RECLAIM ..... 2.9 tpd SOX .............. 4.0 tpd SOX .............. 76 FR 30896, 5/27/ 

11. 

FUG–02 .... 461 Emissions Reductions from Gasoline 

Transfer and Dispensing Facilities.

3.7 tpd VOC ............. VOC reductions substituted by Rule 

1143.

71 FR 18216, 4/11/ 

06. 

FUG–04 .... 1149 Storage Tank and Pipeline Cleaning and 

Degassing.

None ......................... 0.04 tpd VOC ........... 74 FR 67821, 12/21/ 

09. 

CMB–03 .... 1111 Further NOX reductions from space heaters 0.8 tpd NOX .............. 0.01 tpd NOX ............ 75 FR 46845, 8/4/10. 


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21More 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 http:// 

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

TABLE 3—STATUS OF DISTRICT SHORT- AND INTERMEDIATE-TERM CONTROL MEASURES CREDITED IN SOUTH COAST

2007 AQMP ATTAINMENT DEMONSTRATION—Continued 

Control 

measure Rule No. Title 

Emissions reduction 

commitment in South 

Coast 2007 AQMP 

Emissions reductions 

achieved a SIP status 

MCS–01 .... 1110.2 Liquid and gaseous fuels—stationary ICEs ................................... 0.6 tpd NOX; 0.3 tpd 

VOC.

74 FR 18995, 4/27/ 

09. 

FLX–02 ..... .................... Refinery pilot program ................................. 0.7 tpd VOC; 0.4 tpd 

PM2.5.

VOC reductions substituted by Rule 

1143.

MOB–05 .... 2251 AB923 LDV high emitter program ............... 0.8 tpd VOC; 0.4 tpd 

NOX.

................................... No rule associated 

with this measure. 

MOB–06 .... .................... AB923 MDV high emitter program .............. 0.5 tpd VOC; 0.5 tpd 

NOX.

................................... No rule associated 

with this measure. 

Measures Proposed for EPA Action or Soon to be Proposed for EPA Action 

MCS–05 .... 1127 Livestock waste ........................................... 0.8 tpd VOC. 

MCS–01 .... 1146 NOX from industrial, institutional, & commercial boilers, steam generators, and 

process heaters.

1.2 tpd NOX; 0.4 tpd 

PM2.5; 2.0 tpd 

VOC. 

.............................. Proposed limited approval/limited disapproval signed 

June 21, 2011. 

MCS–01 .... 1146.1 NOX from small ind, inst, & comm’l boilers, 

steam gens, and proc. Htrs.

................................... ................................... Proposed limited approval/limited disapproval signed 

June 21, 2011. 

CTS–04 ..... 1143 Consumer Paint Thinners and Multi-Purpose Solvents.2.1 tpd VOC ............. 9.7 tpd VOC ............. Proposed approval 

signed June 23, 

2011. 

SIP Commitment vs. SIP-Creditable Emissions Reductions 

SIP commitment—PM2.5 ........................ 2.9 tpd ... Total SIP-creditable PM2.5 reductions ................................................................. 1.2 tpd. 

SIP commitment—NOX ......................... 10.8 tpd .. Total SIP-creditable NOX reductions .................................................................. 4.2 tpd. 

SIP commitment—VOC ......................... 10.4 tpd .. Total SIP-creditable VOC reductions .................................................................. 14.4 tpd. 

SIP commitment—SOX ......................... 2.9 tpd ... Total SIP-creditable SOX reductions .................................................................. 4.01 tpd. 

aFrom 2011 Progress Report, Appendix F, Tables 2–5. EPA can only credit rules that have been adopted, submitted to EPA, and approved for 

credit in the SIP. 

b. CARB’s RACM Analysis and Adopted 

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 some of the most 

stringent control measures nationwide 

for on-road and off-road mobile sources 

and the fuels that power them. In 

addition, 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 offroad vehicles and engines. 

California’s emissions standards have 

reduced new car emissions by 

99 percent and new truck emissions by 

90 percent from uncontrolled levels. 

2007 State Strategy, p. 37. The State is 

also 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 other off-road sources that 

require newly manufactured equipment 

to be 80–98% 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 

(I/M) or ‘‘Smog Check’’ requirements, 

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). 

EPA allows emission reduction credit 

for measures that are granted a waiver 

from Federal preemption through the 

CAA section 209 waiver process. See 

section II.F.4.a.i. of the TSD and EPA’s 

final approval of the San Joaquin Valley 

1-Hour Ozone Plan at 75 FR 10420, 

10424 (March 8, 2010). Generally, the 

State’s baseline non-waiver measures 

have been approved by EPA into the SIP 

and 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.21 From this 

process, CARB identified and 

committed to propose 15 new defined 

measures. 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. Many, if not most, of these 

measures are being proposed for 


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22California Assembly Bill 2289, passed in 2010, 

requires the Bureau of Automotive Repair 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. 

adoption for the first time anywhere in 

the nation. They build on CARB’s 

already comprehensive program 

described above that addresses 

emissions from all types of mobile 

sources through both regulations and 

incentive programs. See Appendix A of 

the TSD. Table 4 below 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 emissions 

reductions in the South Coast 

nonattainment area from these 

measures. 

TABLE 4—2007 STATE STRATEGY DEFINED MEASURES SCHEDULED FOR CONSIDERATION AND CURRENT STATUS

(UPDATED APRIL 2011) 

State measure Expected action year Current status 

Defined Measures in 2007 State Strategy 

Smog Check Improvements ............................................. 2007–2009 ......................... Elements approved 75 FR 38023 (July 1, 2010). 22

Expanded Vehicle Retirement (AB118) ............................ 2007 ................................... Adopted CARB June 2009; Bureau of Automotive Repair September 2010. 

Modifications to Reformulated Gasoline Program ............ 2007 ................................... Approved, 75 FR 26653 (May 2, 2010). 

Cleaner In-use Heavy Duty Trucks .................................. 2007, 2008, 2010 ............... Proposed approval signed June 29, 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 signed June 29, 2011. 

Port Truck Modernization ................................................. 2007, 2008, 2010 ............... Adopted December 2007 and December 2008. 

Accelerated Introduction of Cleaner Locomotives ............ 2008 ................................... Implementation 2012. 

Clean Up Existing Harbor Crafts ...................................... 2007, 2010 ......................... Adopted November 2007, revised June 2010. 

Cleaner In-Use Off-Road Engines .................................... 2007, 2010 ......................... Waiver action pending. 

New Emissions Standards for Recreational Boats ........... 2013 ................................... Partial adoption, July 2008; additional action expected 

2013. 

Expanded Off-Road Recreational Vehicle Emissions 

Standards.

2013 ................................... Adopted November 2008; additional action expected 

2013. 

Enhanced Vapor Recovery for Above Ground Storage 

Tanks.

2008. 

Additional evaporative emissions standards .................... 2009, 2013. 

Consumer Products Program (I and II) ............................ 2008, 2009, 2011 ............... Phase I approved November 4, 2009, 74 FR 57074; 

Phase II approved May 12, 2011, 76 FR 27613. 

Sources: 2009 State Strategy Update, p. 23 and 2011 Progress Report, Table 1, p. 8. Additional information from http://www.ca.arb.gov. 

TABLE 5—CURRENTLY CREDITABLE EMISSIONS REDUCTIONS FROM DEFINED MEASURES IN THE 2007 STATE STRATEGY

FOR THE SOUTH COAST, AS REVISED APRIL 2011 (TONS PER DAY 2014) 

State measure Direct PM2.5 NOX VOC SOX

Smog Check Improvements (BAR) ................................................................................. 0 .3 2 .6 8 .6 0 

Cleaner In-Use Heavy-Duty Trucks ................................................................................. 2 .6 18 .6 3 .3 0 

Cleaner In-Use Off-Road Equipment (> 25 hp) .............................................................. 0 0 .5 0 .1 0 

Ship Auxiliary Engine Cold Ironing & Clean Tech. ......................................................... 0 .1 8 .1 0 .2 0 .3 

Cleaner Main Ship Engines and Fuel—Main Engines .................................................... 3 .5 17 .6 0 .5 37 

Clean Up Existing Harbor Craft ....................................................................................... 0 .2 4 .1 0 .1 0 

Source: 2011 Progress Report, Appendix E, pp. 2 and 3. Only defined measures with direct PM2.5, VOC, SOX and/or NOX, reductions in the 

South Coast are shown here. 

In addition to the State’s 

commitments to propose defined new 

measures, the 2007 State Strategy 

includes an enforceable commitment for 

emissions reductions sufficient, in 

combination with existing measures and 

the District’s commitments, to attain the 

PM2.5 NAAQS in the South Coast 

nonattainment area by the requested 

attainment date of April 5, 2015. For the 

South Coast, these emission reductions 

commitments are to achieve 152 tpd of 

NOX, 46 tpd of VOC, 9 tpd of direct 

PM2.5, and 20 tpd of SOX (see 2007 State 

Strategy, p. 63 and CARB Resolution 

07–28, Attachment B, p. 6). The nature 

of this commitment 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 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 


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41572 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules 

23The guidance is available at http:// 

www.epa.gov/ttn/scram/guidance_sip.htm and in 

the docket for today’s action. 

24CAMx is the Comprehensive Air Quality Model 

with extensions, an Eulerian photochemical 

dispersion model that allows for integrated ‘‘oneatmosphere’’ assessments of gaseous and particulate 

air pollution (ozone, PM2.5, PM10, air toxics) over 

many scales ranging from sub-urban to continental. 

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. 

c. 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, 

which focused on transportation control 

measures (TCMs), and the results of this 

analysis are 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 

analysis, 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. 

SCAG also provided reasoned 

justifications for any measures that it 

did not adopt. Attachment A to 

Appendix IV–C contains an extensive 

list of TCMs in process and newly 

programmed TCMs. The enforceable 

commitment from SCAG and the 

transportation agencies was to fund and 

implement projects in the first two years 

of the 2006 Regional Transportation 

Improvement Program (RTIP). 

3. Proposed Actions on RACM/RACT 

Demonstration and Adopted Control 

Strategy 

We propose to find that there are, at 

this time, no additional reasonably 

available measures that individually or 

collectively would advance attainment 

of the PM2.5 NAAQS in the South Coast 

nonattainment area by one year or more. 

This proposal is based on our review of 

potential RACM/RACT in the revised 

2007 South Coast AQMP and the 2007 

State Strategy; the District’s and State’s 

adopted control strategies, including 

their commitments to adopt measures 

and their progress in meeting those 

commitments; and our proposed 

concurrence (discussed below in section 

V.C.3) with the State’s determination 

that SOX, NOX, and VOC are, and 

ammonia is not, attainment plan 

precursors per 40 CFR 51.1002(c). 

Therefore, we propose to find that the 

relevant portions of the South Coast 

2007 AQMP and the 2007 State Strategy 

provide for the implementation of 

RACM/RACT as required by CAA 

section 172(c)(1) and 40 CFR 51.1010. 

Because they will strengthen the 

California SIP, we are also proposing to 

approve, the District’s commitments to 

adopt and implement specific control 

measures on the schedule identified in 

Tables 2–5 of Appendix E in the 2011 

Progress Report, to the extent that these 

commitments have not yet been 

fulfilled, and to achieve specific 

aggregate emissions reductions of direct 

PM2.5, NOX, VOC and SOX by specific 

years as given in Table 1 of the 2011 

Progress Report (and Table 2 in today’s 

proposal). 

We are also proposing to approve 

CARB’s commitments to propose certain 

defined measures, as given on Table 

B–1 in Appendix B of the 2011 Progress 

Report, and to achieve total aggregate 

emissions reductions necessary to attain 

the 1997 PM2.5 standards in the South 

Coast nonattainment area, whether these 

reductions are realized from the new 

measures, alternative control measures, 

incentive programs, or other actual 

emissions decreases. See CARB 

Resolution 07–28 (September 27, 2007), 

Appendix B, p. 3. This commitment is 

to aggregate emissions reductions of 152 

tpd of NOX, 46 tpd of VOC, 9 tpd of 

direct PM2.5, and 20 tpd of SOX in the 

South Coast by 2014 (see page 20 of the 

2009 State Strategy Status Report). 

C. Attainment Demonstration 

1. Requirements for Attainment 

Demonstration 

CAA section 172 requires a State to 

submit a plan for each of its 

nonattainment areas that demonstrates 

attainment of the applicable ambient air 

quality standard as expeditiously as 

practicable but no later than the 

specified attainment date. Under the 

PM2.5 implementation rule, this 

demonstration should consist of four 

parts: 

(1) Technical analyses that locate, 

identify, and quantify sources of 

emissions that are contributing to 

violations of the PM2.5 NAAQS; 

(2) Analyses of future year emissions 

reductions and air quality improvement 

resulting from already-adopted national, 

State, and local programs and from 

potential new State and local measures 

to meet the RACT, RACM, and RFP 

requirements in the area; 

(3) Adopted emissions reduction 

measures with schedules for 

implementation; and 

(4) Contingency measures required 

under section 172(c)(9) of the CAA. 

See 40 CFR 51.1007; 72 FR 20586, at 

20605. 

The requirements for the first two 

parts are described in the sections on 

emissions inventories and RACM/RACT 

above and in the sections on air quality 

modeling, PM2.5 precursors, extension 

of attainment date, and attainment 

demonstrations that follow immediately 

below. Requirements for the third and 

fourth parts are described in the 

sections on the control strategy and the 

contingency measures, respectively. 

2. Air Quality Modeling in the South 

Coast 2007 AQMP 

The procedures for modeling 

attainment of the PM2.5 NAAQS as part 

of an attainment SIP are contained in 

EPA’s ‘‘Guidance on the Use of Models 

and Other Analyses for Demonstrating 

Attainment of Air Quality Goals for the 

8–Hour Ozone and PM2.5 NAAQS and 

Regional Haze.’’ (Guidance).23 A brief 

description of the modeling used to 

support South Coast’s attainment 

demonstration follows. For more 

detailed information about the 

modeling, please refer to the TSD 

associated with this rulemaking, which 

can be found in the docket for today’s 

action. 

Air quality modeling is used to 

establish emission attainment targets, a 

combination of emissions of PM2.5 and 

PM2.5 precursors that the nonattainment 

area can accommodate without 

exceeding the NAAQS, and to assess 

whether the proposed control strategy 

will result in attainment of the NAAQS 

by the applicable attainment date. Air 

quality modeling is performed for a base 

year and compared to air quality 

monitoring data to determine model 

performance. Once the performance is 

determined to be acceptable, future year 

emission inventory changes are 

simulated to determine the relationship 

between emission reductions and 

changes in ambient air quality 

throughout the nonattainment area. 

The attainment demonstration for the 

South Coast nonattainment area is based 

on the CAMx model using the ‘‘one 

atmosphere’’ approach comprised of the 

carbon bond IV (CB–IV) gas phased 

chemistry and a static two-mode 

particle size aerosol.24 CAMx annual 

average PM2.5 modeling simulations 

were generated for 2005 and 2014 

baseline emissions scenarios and for a 

2014 controlled emissions scenario by 


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25See 40 CFR part 50 Appendix N, 4.1(a). A 

predicted design value of 15.04 μg/m3 or lower is 

considered modeled attainment of the annual 

standard. 

26 ‘‘Carrying capacity’’ is defined as the maximum 

level of emissions that enable the attainment and 

maintenance of an ambient air quality standard for 

a pollutant. (see South Coast 2007 AQMP, page 5– 

27.) 

27The CARB Staff Report for the South Coast 

2007 AQMP presents a slightly different emissions 

carrying capacity which relies more heavily on 

reductions of primary PM2.5 and less heavily on 

reductions of precursors to PM2.5. The Staff Report’s 

emission carrying capacity estimates are PM2.5—86 

tons/day, NOX—460 tons/day, SOX—20 tons/day, 

and VOC—474 tons/day (see CARB Staff Report on 

the South Coast AQMP, page ES–3). 

28By 2014, SOX emissions reach the attainment 

target due to adopted State and District rules. 

the District. District staff compared the 

base year model output to speciated 

particulate data measured in 2005 as 

part of the Multiple Air Toxics III 

(MATES–III) program. Model 

specifications, such as boundary 

conditions, domain size, and resolution, 

meet EPA criteria and are discussed in 

the TSD. Model performance for total 

mass (the sum of specific individual 

species), as well as for specific 

individual species, is adequate and is 

discussed in the TSD. 

The District’s attainment analysis 

follows EPA’s guideline technique of 

applying component-specific relative 

response factors (RRF) to monitored 

data throughout the South Coast 

nonattainment area. A RRF is the ratio 

of the model’s future to current 

(baseline) predictions at a monitor. 

Future PM2.5 concentrations are 

estimated at existing monitoring sites by 

multiplying a modeled RRF at the grid 

cell locations of each monitor by the 

observation-based, monitor-specific, 

‘‘baseline’’ design value. A separate RRF 

is calculated for each of the PM2.5

precursors. Future PM2.5 design values 

were estimated by District staff at 

existing monitoring sites throughout the 

South Coast nonattainment area by 

multiplying modeled RRFs for each 

monitor times the observed 

‘‘component-specific design value.’’ The 

future PM2.5 design values were then 

compared to the annual and 24-hour 

NAAQS to demonstrate attainment at 

each site. The maximum 2014 predicted 

PM2.5 annual design value is 15.0 μg/m3

or lower.25

The District also performed the 

recommended unmonitored area 

analysis and it indicated that there were 

no additional nonattainment problems 

in unmonitored areas. The future PM2.5

design values were also compared to the 

24-hour PM2.5 NAAQS to demonstrate 

attainment at each site. The maximum 

predicted 2014 24-hour PM2.5 design 

value at any site is 56.6 μg/m3; this is 

lower than the 24-hour PM2.5 NAAQS of 

65 μg/m3. EPA guidance also 

recommends the use of supplemental 

data analyses to support the air quality 

modeling. The District used air quality 

trends and emission inventory trends as 

‘‘weight of evidence’’ to support the air 

quality modeling for the attainment 

demonstration. 

The District used its air quality 

modeling to establish emissions 

reduction targets to be used in 

developing the control strategy for the 

nonattainment SIP. Once a proposed 

control strategy was developed, the 

District then used the photochemical 

modeling to verify that the projected 

emissions reductions would result in 

attainment of the 1997 PM2.5 standards 

throughout the South Coast 

nonattainment area by the target 

attainment date of 2014. The estimated 

carrying capacities for the South Coast 

nonattainment area are included in 

Table 6.26 27

TABLE 6—EMISSIONS CARRYING CAPACITY ESTIMATES FOR THE SOUTH

COAST NONATTAINMENT AREA FOR

PM2.5 ATTAINMENT

[Tons/day, based on planning inventory] 

PM2.5 NOX SOX VOC 

87 454 19 469 

We are proposing to approve the air 

quality modeling demonstration in the 

South Coast 2007 AQMP as meeting the 

requirements of the CAA consistent 

with EPA guidance. We provide further 

discussion in the TSD. 

Effect of Inventory Changes on the Air 

Quality Modeling and Attainment 

Demonstrations 

As discussed above in section V.A., 

CARB has recently updated the 

inventories for several mobile source 

categories for both the base and future 

years as well as revised the economic 

forecasts on which the future 

inventories were based. Ideally, new 

attainment demonstration modeling 

would be performed to evaluate the 

effect of these updates and revisions; 

however, remodeling is a substantial 

undertaking and would not necessarily 

change the basic conclusions of the 

existing attainment demonstration 

analysis. 

Relative to emissions in the South 

Coast 2007 AQMP, the decreases in the 

base year 2002 emissions inventory due 

to the inventory updates are about 

4 percent for NOX and 5 percent for 

direct PM2.5 emissions. CARB Progress 

Report supplement, Attachment 1. For 

the 2014 attainment target year, the 

decreases in the projected 2014 baseline 

due to both methodology changes (e.g., 

changes to construction equipment 

emissions factors) and the revised 

economic forecasts are 10 percent for 

NOX, 2 percent for direct PM2.5, 

2 percent for VOC, and a 30 percent 

increase for SOX.28 The effect of the 

revisions in the target year as compared 

to the base year are about the same for 

direct PM2.5, and somewhat larger for 

NOX. The overall effect of the inventory 

revisions is thus to increase the 

emission reductions from base year to 

attainment year, in a relative sense. 

Likewise, the revisions would tend to 

make the relative reduction factors 

(factors used to scale the modeling 

results) lower, decreasing the projected 

PM2.5 concentrations in the attainment 

year and effectively making the 

attainment demonstration over-estimate 

the level of emissions reductions 

needed to attain. Based on model 

sensitivity results provided by CARB, 

EPA estimates that ambient 

concentrations would be slightly lower 

in the attainment year due to the 

emission inventory revisions. EPA 

therefore concludes that the attainment 

demonstration remains valid, despite 

the emission inventory changes. 

3. PM2.5 Precursors Addressed in the 

South Coast 2007 AQMP 

EPA recognizes NOX, SO2, VOCs, and 

ammonia as the main precursor gases 

associated with the formation of 

secondary PM2.5 in the ambient air. 

These gas-phase PM2.5 precursors 

undergo chemical reactions in the 

atmosphere to form secondary 

particulate matter. Formation of 

secondary PM2.5 depends on numerous 

factors including the concentrations of 

precursors; the concentrations of other 

gaseous reactive species; atmospheric 

conditions including solar radiation, 

temperature, and relative humidity; and 

the interactions of precursors with 

preexisting particles and with cloud or 

fog droplets. 72 FR 20586, at 20589. 

As discussed previously, a state must 

submit emissions inventories for each of 

the four PM2.5 precursor pollutants. 

72 FR 20586, at 20589 and 40 CFR 

51.1008(a)(1). However, the overall 

contribution of different precursors to 

PM2.5 formation and the effectiveness of 

alternative potential control measures 

will vary by area. Thus, the precursors 

that a state should regulate to attain the 

PM2.5 NAAQS could also vary to some 

extent from area to area. 72 FR 20586, 

at 20589. 


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29See page 5–17 of Chapter 5 of the South Coast 

2007 AQMP. We approved the South Coast RACT 

SIP on December 18, 2008 (see 73 FR 76947) as 

complying with the relevant CAA requirements for 

RACT SIPs for 8-hour ozone. 30See footnote 2. 

In the PM2.5 implementation rule, 

EPA did not make a finding that all 

potential PM2.5 precursors must be 

controlled in each specific 

nonattainment area. See 72 FR 20586, at 

20589. Instead, for the reasons 

explained in the rule’s preamble, a state 

must evaluate control measures for 

sources of SO2 in addition to sources of 

direct PM2.5 in all nonattainment areas. 

40 CFR 51.1002(c) and (c)(1). A state 

must also evaluate control measures for 

sources of NOX unless the State and/or 

EPA determine that control of NOX

emissions would not significantly 

reduce PM2.5 concentrations in the 

specific nonattainment area. 40 CFR 

51.1002(c)(2). In contrast, EPA has 

determined in the PM2.5 implementation 

rule that a state does not need to address 

controls for sources of VOC and 

ammonia unless the state and/or EPA 

make a technical demonstration that 

controls on such sources would 

significantly contribute to reducing 

PM2.5 concentrations in the specific 

nonattainment area at issue. 40 CFR 

51.1002(c)(3) and (4). Such a 

demonstration is required ‘‘if the 

administrative record related to 

development of its SIP shows that the 

presumption is not technically justified 

for that area.’’ 40 CFR 51.1002(c)(5). 

‘‘Significantly contributes’’ in this 

context means that a significant 

reduction in emissions of the precursor 

from sources in the area would be 

projected to provide a significant 

reduction in PM2.5 concentrations in the 

area. 72 FR 20586 at 20590. Although 

EPA did not establish a quantitative test 

for determining what constitutes a 

significant change, EPA noted that even 

relatively small reductions in PM2.5

levels are estimated to result in 

worthwhile public health benefits. Id. 

EPA further explained that a technical 

demonstration to reverse the 

presumption for NOX, VOC, or ammonia 

in any area could consider the 

emissions inventory, speciation data, 

modeling information, or other special 

studies such as monitoring of additional 

compounds, receptor modeling, or 

special monitoring studies. 72 FR 20586 

at 20596–20597. These factors could 

indicate that the emissions or ambient 

concentration contributions of a 

precursor, or the sensitivity of ambient 

concentrations to changes in precursor 

emissions, differs for a specific 

nonattainment area from the 

presumption EPA established for that 

precursor in the PM2.5 implementation 

rule. 

In the South Coast nonattainment 

area, PM2.5 can be directly emitted, such 

as from road dust, diesel soot, 

combustion products, and other sources 

(‘‘primary particles’’), or formed through 

atmospheric chemical reactions of 

precursor chemicals (‘‘secondary 

particles’’). Examples of secondary 

particles include sulfates, nitrates, and 

complex carbon compounds formed 

from reactions of NOX, SOX, VOC, and 

ammonia. The attainment 

demonstration for the South Coast PM2.5

nonattainment area addresses 

ammonium nitrate and ammonium 

sulfate because they represent a 

dominant fraction of PM2.5 components 

in this area and are formed through 

secondary reactions of the precursors 

NOX, SOX, VOC and ammonia. The 

District’s analysis indicates that SOX

reductions followed by directly-emitted 

PM2.5 and NOX reductions provide the 

greatest ambient PM2.5 reductions. VOC 

reductions can also contribute to 

improving ambient PM2.5 concentrations 

and will occur concurrently as a result 

of the District’s 8-hour ozone NAAQS 

strategy.29 The PM2.5 implementation 

rule allows States or EPA to evaluate 

which PM2.5 precursors should be 

precursors for regulatory purposes in a 

particular nonattainment area, based on 

the facts and circumstances of such 

area. SCAQMD has elected to consider 

VOCs as regulatory precursors for the 

purpose of this SIP, based on their 

modeling analysis, which considered 

the sensitivity of PM2.5 formation to 

VOC emission reduction. EPA agrees 

that the District’s determination to 

consider VOC as a precursor for this SIP 

is appropriate in this nonattainment 

area. 

Starting in 2011, the PM2.5

implementation rule requires that states 

must also address condensable 

particulate matter (CPM), including 

estimates of CPM in emissions 

inventories, modeling, and control 

strategies. 

4. Extension of the Attainment Date 

CAA section 172(a)(2) provides that 

an area’s attainment date ‘‘shall be the 

date by which attainment can be 

achieved as expeditiously as 

practicable, but no later than 5 years 

from the date such area was designated 

nonattainment * * *, except that the 

Administrator may extend the 

attainment date to the extent the 

Administrator determines appropriate, 

for a period no greater than 10 years 

from the date of designation as 

nonattainment considering the severity 

of nonattainment and the availability 

and feasibility of pollution control 

measures.’’ 

Because the effective date of 

designations for the 1997 PM2.5

standards was April 5, 2005 (70 FR 944), 

the initial attainment date for PM2.5

nonattainment areas is as expeditiously 

as practicable but not later than April 5, 

2010. For any areas that are granted a 

full five-year attainment date extension 

under section 172, the attainment date 

would be no later than April 5, 2015. 

Section 51.1004 of the PM2.5

implementation rule addresses the 

attainment date requirement. Section 

51.1004(b) requires a State to submit an 

attainment demonstration justifying its 

proposed attainment date and provides 

that EPA will approve an attainment 

date when we approve that 

demonstration. 

States that request an extension of the 

attainment date under CAA section 

172(a)(2) must provide sufficient 

information to show that attainment by 

April 5, 2010 is impracticable due to the 

severity of the nonattainment problem 

in the area and the lack of available and 

feasible control measures to provide for 

faster attainment. 40 CFR 51.1004(b). 

States must also demonstrate that all 

RACM and RACT for the area are being 

implemented to bring about attainment 

of the standard by the most expeditious 

alternative date practicable for the area. 

72 FR 20586, at 20601. 

For urban areas nationwide, the South 

Coast nonattainment area has the 

second highest average annual mean 

PM2.5 concentration (ranking only 

behind the San Joaquin Valley in 

California for the 1997 PM2.5 standards). 

Annual PM2.5 concentrations recorded 

over the last few years at the Mira Loma 

monitoring site continue to exceed the 

1997 PM2.5 NAAQS.30 The PM2.5

problem in the South Coast is complex, 

caused by both direct PM2.5 and 

secondary PM2.5, and compounded by 

the topographical and meteorological 

conditions for the area that are very 

conducive to the formation and 

concentration of PM2.5 particles. South 

Coast 2007 AQMP, chapter 4. 

As discussed in section V.B.2. above, 

the District’s strategy for attaining the 

PM2.5 standard relies on reductions of 

directly-emitted PM2.5 as well as the 

PM2.5 precursor pollutants NOX, VOC, 

and SOX. The South Coast 

nonattainment area needs significant 

reductions in PM2.5, NOX, VOC, and 

SOX to demonstrate attainment. Further 

reducing these pollutants is challenging, 

because the State and District have 

already adopted stringent control 

measures for most 


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sources of direct PM2.5, NOX, VOC, and 

SOX emissions. Moreover, attainment in 

the South Coast nonattainment area 

depends on emissions reductions that 

offset the emissions increases associated 

with projected increases in population, 

economic growth, and goods movement. 

The direct PM2.5 reductions are 

achieved primarily from open burning 

and residential wood combustion 

control measures. These types of control 

measures present special 

implementation challenges (e.g., the 

large number of individuals subject to 

regulation and the difficulty of applying 

conventional technological control 

solutions). NOX reductions come largely 

from District rules for fuel combustion 

sources, and from the State’s mobile 

source rules. VOC reductions come from 

District rules governing the petroleum 

industry, as well as consumer products 

rules at both the State and local level. 

SOX reductions identified in the plan 

come from District rules such as 

RECLAIM, and State measures related to 

ships. 

Because of the necessity of obtaining 

additional emissions reductions from 

these source categories in the South 

Coast nonattainment area and the need 

to conduct significant public outreach if 

applicable control approaches are to be 

effective, EPA agrees with the District 

and CARB that the South Coast 2007 

AQMP reflects expeditious 

implementation of the programs during 

the 2008–2014 time frame. EPA also 

agrees that the implementation schedule 

for enhanced stationary source controls 

is expeditious, taking into account the 

time necessary for purchase and 

installation of the required control 

technologies. The District’s control 

strategies are discussed in greater detail 

in Chapter 4 of the South Coast 2007 

AQMP, and in section V.B.2 above. 

In addition, the State has adopted 

standards for many categories of on-road 

and off-road vehicles and engines, 

gasoline and diesel fuels, as well as 

improvements to California’s vehicle 

inspection and maintenance program, 

and programs requiring the retrofitting 

and replacement of in-use trucks, buses, 

and off-road equipment. The State is 

implementing these rules and programs 

as expeditiously as practicable, and it is 

not feasible to accelerate the schedule 

for new emissions standards under the 

State and Federal mobile source control 

programs. 

EPA also expects that CARB and the 

District will continue to investigate 

opportunities to accelerate progress as 

new control opportunities arise, and 

that the agencies will promptly adopt 

and expeditiously implement any new 

measures found to be feasible in the 

future. 

As discussed in section V.B.3 above, 

we are proposing to approve the RACM/ 

RACT demonstration in the South Coast 

2007 AQMP. As discussed below in 

section V.C.6., we are also proposing to 

approve the attainment demonstration 

in the SIP. Based on these proposed 

approvals, EPA is proposing to grant an 

extension of the attainment date for the 

1997 PM2.5 standards in the South Coast 

to April 5, 2015 pursuant to CAA 

section 172(b)(2) and 40 CFR 51.1004(b). 

5. Attainment Demonstration 

Table 7 below summarizes the 

reductions that are relied on in the 

South Coast 2007 AQMP to demonstrate 

attainment by April 5, 2015. 

TABLE 7—SUMMARY OF EMISSIONS REDUCTION PROGRESS FOR SOUTH COAST’S PM2.5 ATTAINMENT DEMONSTRATION

(TONS PER DAY, TPD), UPDATED APRIL 2011 

NOX VOC Direct PM2.5 SOX

2002 baseline (2011 SIP Revision, p. 9 .......................................................... 1093 844 99 53 

2014 attainment targets (ARB staff Report for South Coast 2007 AQMP) * .. 460 474 86 20 

2014 baseline (2011 SIP Revision, Appendix E, p. 2) ** ................................ 589 518 95 61 

2014 remaining emissions after ‘‘adopted controls’’ (2011 SIP Revision, Appendix E, p. 2) *** ......................................................................................... 530 485 87 20 

Remaining emissions reduction/enforceable commitment **** ........................ 70 (11%) 11 (3%) 1 (8%) 0 0% 

* The attainment targets have not changed from the November 22, 2010 proposal. 

** The 2014 baseline is revised to reflect new estimates which take into account the impact of the economic recession on and changes in inventory methodologies for diesel trucks, goods movement and construction equipment. See 2011 Progress Report, Appendix E, page 2, ‘‘South 

Coast Air Basin 2014 Progress to Date on ARB Rules’’ table, ‘‘New 2014 Baseline’’ numbers. 

*** The 2014 remaining emissions number is what remains after crediting the reductions from ‘‘adopted controls.’’ By ‘‘adopted controls’’ we 

mean State or district control measures that EPA has approved or proposed to approve into the SIP, or state mobile source measures that are 

subject to a CAA section 209 waiver. See section V.B.2.b of this notice. In separate actions, EPA has recently proposed to approve several of 

the measures listed in the 2011 Progress Report SIP Revision, Appendix E tables (e.g., CARB’s diesel truck rules and the Ocean-going Vessels 

fuel rule). 

**** This row reflects the State’s aggregate emissions reduction commitment, including the 10 tpd NOX federal assignment. See 2011 Progress 

Report, p. 5. 

As shown in this table, the majority 

of the emissions reductions that the 

State projects are needed for PM2.5

attainment in the South Coast by April 

5, 2015 come from baseline reductions. 

These baseline reductions include not 

only the benefit of numerous adopted 

District and State measures which 

generally have been approved by EPA 

either through the SIP process or the 

CAA section 209 waiver process but 

also the effect of the recent economic 

recession and revised emission factors 

and activity data on projected future 

inventories. See 2011 Progress Report, 

Appendix E and Appendices A and B of 

the TSD. The remaining reductions 

needed for attainment are to be achieved 

by the District’s and CARB’s 

commitments to reduce emissions in the 

South Coast nonattainment area. Since 

the submittal of the South Coast 2007 

AQMP and the 2007 State Strategy, 

SCAQMD and CARB have adopted 

measures (summarized in Table 8 

below) that can be credited towards 

reducing the aggregate emissions 

reductions in the enforceable 

commitments. 

a. Enforceable Commitments 

As shown above, measures already 

adopted by the District and CARB (both 

prior to and as part of the South Coast 

2007 AQMP) provide the majority of 

emissions reductions the State projects 

are needed to demonstrate attainment. 

The balance of the needed reductions is 

in the form of enforceable commitments 

by the District and CARB. 

The CAA allows approval of 

enforceable commitments that are 

limited in scope where circumstances 

exist that warrant the use of such 

commitments in place of adopted 


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31Commitments approved by EPA under section 

110(k)(3) of the CAA are enforceable by EPA and 

citizens under, respectively, sections 113 and 304 

of the CAA. In the past, EPA has approved 

enforceable commitments and courts have enforced 

these actions against states that failed to comply 

with those commitments: See, e.g., American Lung 

Ass’n of N.J. v. Kean, 670 F. Supp. 1285 (D.N.J. 

1987), aff’d, 871 F.2d 319 (3rd Cir. 1989); NRDC, 

Inc. v. N.Y. State Dept. of Env. Cons., 668 F. Supp. 

848 (S.D.N.Y. 1987); Citizens for a Better Env’t v. 

Deukmejian, 731 F. Supp. 1448, recon. granted in 

par, 746 F. Supp. 976 (N.D. Cal. 1990); Coalition for 

Clean Air v. South Coast Air Quality Mgt. Dist., No. 

CV 97–6916–HLH, (C.D. Cal. Aug. 27, 1999). 

Further, if a state fails to meet its commitments, 

EPA could make a finding of failure to implement 

the SIP under CAA Section 179(a), which starts an 

18-month period for the State to correct the nonimplementation before mandatory sanctions are 

imposed. CAA section 110(a)(2)(A) provides that 

each SIP ‘‘shall include enforceable emission 

limitations and other control measures, means or 

techniques * * * as well as schedules and 

timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirement of 

the Act.’’ Section 172(c)(6) of the Act, which 

applies to nonattainment SIPs, is virtually identical 

to section 110(a)(2)(A). The language in these 

sections of the CAA is quite broad, allowing a SIP 

to contain any ‘‘means or techniques’’ that EPA 

determines are ‘‘necessary or appropriate’’ to meet 

CAA requirements, such that the area will attain as 

expeditiously as practicable, but no later than the 

designated date. Furthermore, the express 

allowance for ‘‘schedules and timetables’’ 

demonstrates that Congress understood that all 

required controls might not have to be in place 

before a SIP could be fully approved. 32The U.S. Court of Appeals for the Fifth Circuit 

upheld EPA’s interpretation of CAA sections 

110(a)(2)(A) and 172(c)(6) and the Agency’s use and 

application of the three factor test in approving 

enforceable commitments in the 1-hour ozone SIP 

for Houston-Galveston. BCCA Appeal Group et al. 

v. EPA et al., 355 F.3d 817 (5th Cir. 2003). 

33The 2007 State Strategy and the South Coast 

2007 AQMP were developed to address both the 

1997 PM2.5 NAAQS and the 1997 8-hour ozone 

NAAQS. The 8-hour ozone SIPs were due in 

November 2007, and the development and adoption 

of these plans was timed to coordinate with this 

submittal date. 2007 State Strategy, p. 1, and South 

Coast 2007 AQMP, p. ES–3. 

34See, for example, 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), and the 

Houston-Galveston 1-hour ozone plan at 66 FR 

57160 (November 14, 2001). 

measures.31 Once EPA determines that 

circumstances warrant consideration of 

an enforceable commitment, EPA 

considers three factors in determining 

whether to approve the CAA 

requirement that relies on the 

enforceable commitment: (a) Does the 

commitment address a limited portion 

of the CAA requirement; (b) is the state 

capable of fulfilling its commitment; 

and (c) is the commitment for a 

reasonable and appropriate period of 

time.32

With respect to the South Coast 2007 

AQMP and 2007 State Strategy, 

circumstances warrant the consideration 

of enforceable commitments as part of 

the attainment demonstration for the 

South Coast nonattainment area. As 

shown in Table 7 above, the majority of 

emission reductions that are needed to 

demonstrate attainment and RFP in the 

South Coast nonattainment area come 

from rules and regulations that were 

adopted prior to the AQMP’s submittal 

in November 2007, i.e., they come from 

the baseline measures. 

As a result of these already-adopted 

State and District measures, most 

sources in the South Coast 

nonattainment area were already subject 

to stringent rules prior to the 

development of the 2007 State Strategy 

and the South Coast 2007 AQMP, 

leaving fewer and more technologically 

challenging opportunities to reduce 

emissions. In the South Coast 2007 

AQMP and the 2009 revisions to the 

2007 State Strategy, the District and 

CARB identified potential control 

measures that could achieve the 

additional emissions reductions needed 

for attainment. However, the timeline 

needed to develop, adopt, and 

implement these measures went well 

beyond the April 5, 2008 33 CAA 

deadline to submit the PM2.5 plan. As 

discussed above and below, since 2007, 

the District and State have made 

progress in adopting measures to meet 

their commitments, but have not yet 

completely fulfilled them. Given these 

circumstances, the 2007 AQMP and the 

2007 State Strategy’s reliance on 

enforceable commitments is warranted. 

We now consider the three factors EPA 

uses to determine whether the use of 

enforceable commitments in lieu of 

adopted measures to meet CAA 

planning requirements is approvable. 

i. The Commitment Represents 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 in a nonattainment area. 

As shown in Table 7, the remaining 

portion of the enforceable commitments 

in the South Coast 2007 AQMP and the 

revised 2007 State Strategy are 70 tpd 

NOX, 11 tpd VOC and 1 tpd direct PM2.5

after accounting for measures that are 

either approved or proposed for 

approval and revisions to the future year 

baseline inventories resulting from 

changes to the plan’s economic forecasts 

and other factors. When compared to 

the total reductions needed by 2014 for 

PM2.5 attainment in the South Coast 

nonattainment area on a per-pollutant 

basis, these remaining commitments 

represent approximately 11 percent of 

the NOX reductions, 3 percent of the 

VOC reductions and 8 percent of the 

direct PM2.5 reductions needed to attain 

the 1997 PM2.5 standards in the South 

Coast nonattainment area. 

We find that the reductions remaining 

as enforceable commitments in the 2007 

AQMP and the 2007 State Strategy 

represent a limited portion of the total 

emissions reductions needed to meet 

the statutory requirement for attainment 

in the South Coast nonattainment area 

and therefore satisfy the first factor. 

Overall, the level of reductions 

remaining as commitments is 

approximately within the 10 percent 

range that EPA has historically accepted 

in approving attainment 

demonstrations.34

ii. The State is Capable of Fulfilling Its 

Commitment 

For the second factor, we consider 

whether the State and District are 

capable of fulfilling their commitments. 

As discussed above, CARB has adopted 

and submitted a 2009 State Strategy 

Status Report and a 2011 Progress 

Report, which update and revise the 

2007 State Strategy. These reports show 

that CARB has made significant progress 

in meeting its enforceable commitments 

for the South Coast and several other 

nonattainment areas in California. 

Additional ongoing programs that 

address locomotives, recreational boats, 

and other measures have yet to be 

quantified but are expected to reduce 

NOX and direct PM2.5 emissions in the 

South Coast by 2014. See 2011 Progress 

Report, Appendix E, page 2. 

The District has already exceeded its 

commitment for reducing VOC and SOX

emissions and is working to meet the 

commitment to reduce NOX and directly 

emitted PM2.5. See Tables 2 and 3. The 

District is also continuing to work to 

identify and adopt additional measures 

that will reduce emissions. 

Beyond the rules discussed above, 

both CARB and the District have wellfunded incentive grant programs to 

reduce emissions from the on- and offroad engine fleets. Reductions from 

several of these programs have yet to be 

quantified and/or credited in the 

attainment demonstration. Finally, we 

note that the South Coast has 

experienced significant improvements 

in its PM2.5 air quality in the past few 

years. 

Given the evidence of the State’s and 

District’s efforts to date and their 

continuing efforts to reduce emissions, 

we find that the State and District are 

capable of meeting their enforceable 

commitments to achieve the necessary 

reductions needed to attain the 1997 

PM2.5 standards in the South Coast 

nonattainment area by its proposed 

attainment date of April 5, 2015. 


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iii. The Commitment is for a Reasonable 

and Appropriate Period of Time 

For the third and final factor, we 

consider whether the commitment is for 

a reasonable and appropriate period of 

time. 

In order to meet the commitments to 

reduce emissions to the levels needed to 

attain the 1997 PM2.5 standards in the 

South Coast nonattainment area, the 

South Coast 2007 AQMP and the 2007 

State Strategy included ambitious rule 

development, adoption, and 

implementation schedules, which both 

the District and CARB have 

substantially met. See 2011 Progress 

Report, p. 9. EPA considers these 

schedules to provide sufficient time to 

achieve by 2014 the few remaining 

reductions needed to attain by the 

proposed attainment date of April 5, 

2015. We, therefore, conclude that the 

third factor is satisfied. 

b. Federal Reductions 

As discussed in our November 2010 

proposal and as shown in Table 7, the 

South Coast 2007 AQMP assigns 10 tons 

per day of NOX reductions to the 

Federal government. However, because 

the CAA does not authorize a State to 

assign responsibility to the Federal 

government for meeting SIP 

requirements, we cannot accept the 10 

tpd NOX emissions reductions 

emissions reductions the District and 

State assigned to the Federal 

government in the South Coast 2007 

AQMP. 

The District has further addressed the 

federal assignment by committing to an 

additional reduction of 1 tpd NOX (see 

2011 Progress Report, Appendix F, p. 5 

and SCAQMD Governing Board 

Resolution 11–9, March 4, 2011). In 

addition, CARB has committed to 

achieve the remaining portion of the 

federal assignment in the 2011 Progress 

Report and includes it in the remaining 

commitment of 70 tpd of NOX. (See 

2011 Progress Report, p. 5, and CARB 

Executive Order S–11–010.) As we 

stated in our November 2010 proposal, 

we are not accepting the 10 tpd NOX

federal assignment as the CAA does not 

allow for such assignment. We are 

proposing, however, to approve the 

State’s and District’s commitments to 

achieve the emissions reductions 

previously attributed to the federal 

government. 

6. Proposed Action on the Attainment 

Demonstration 

In order to approve a SIP’s attainment 

demonstration, EPA must make several 

findings and approve the plan’s 

proposed attainment date. 

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 V.A and 

V.C.2, we are proposing to approve both 

the emissions inventories and the air 

quality modeling on which the South 

Coast 2007 AQMP’s attainment 

demonstration and other provisions are 

based. 

Second, we must find that the SIP 

submittal provides for expeditious 

attainment through the implementation 

of all RACM and RACT. As discussed 

above in section V.B, we are proposing 

to approve the RACM/RACT 

demonstration in the South Coast 2007 

AQMP. 

Third, EPA must find that the 

emissions reductions that are relied on 

for attainment are creditable. As 

discussed in section V.C.5, the South 

Coast 2007 AQMP relies principally on 

adopted and approved/waived rules to 

achieve the emissions reductions 

needed to attain the 1997 PM2.5

standards in the South Coast 

nonattainment area by April 5, 2015. 

The balance of the reductions is 

currently in the form of enforceable 

commitments that account for 11% of 

the NOX, 8% of the direct PM2.5, and 3% 

of the VOC emission reductions needed 

from 2002 levels for attainment. See 

Table 7. 

EPA has previously accepted 

enforceable commitments in lieu of 

adopted control measures in attainment 

demonstrations when circumstances 

warrant it and the commitments meet 

three criteria. As discussed above in 

section V.C.5, we find that 

circumstances here warrant the 

consideration of enforceable 

commitments and that the three criteria 

are met: (1) Both the State and the 

District have demonstrated their 

capability to meet their commitments, 

(2) the commitments constitute a 

limited portion of the required 

emissions reductions, and (3) the 

commitments are for an appropriate 

timeframe. Based on these conclusions, 

we propose to allow the State to rely on 

these limited enforceable commitments 

in its attainment demonstration. 

Finally, for a PM2.5 nonattainment 

area that cannot attain within five years 

of its designation as nonattainment, EPA 

must grant an extension of the 

attainment date in order to approve the 

attainment demonstration for the area. 

As discussed above in section V.C.4, we 

propose to determine that a five-year 

extension of the attainment date is 

appropriate given the nonattainment 

problem in the South Coast 

nonattainment area and the availability 

and feasibility of control measures and, 

therefore, to grant the State’s request to 

extend the attainment date in the South 

Coast nonattainment area to April 5, 

2015. For the foregoing reasons, we are 

proposing to approve the attainment 

demonstration in the South Coast 2007 

AQMP. 

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 this part or may 

reasonably be required by the 

Administrator for the purpose of 

ensuring attainment of the applicable 

[NAAQS] by the applicable date.’’ 

The PM2.5 implementation rule 

requires submittal of an RFP plan at the 

same time as the attainment 

demonstration for any area for which 

the State seeks an extension of the 

attainment date beyond 2010. For areas 

for which the state requests an 

attainment date extension to 2015, such 

as the South Coast nonattainment area, 

the RFP plan must demonstrate that in 

the applicable milestone years of 2009 

and 2012, emissions in the area will be 

at a level consistent with generally 

linear progress in reducing emissions 

between the base year and the 

attainment year. 40 CFR 51.1009(d). 

States may demonstrate this by showing 

that emissions for each milestone year 

are roughly equivalent to benchmark 

emission levels for direct PM2.5

emissions and each PM2.5 attainment 

plan precursor addressed in the 

attainment plan. The steps for 

determining the benchmark emissions 

levels to demonstrate generally linear 

progress are given in the PM2.5

implementation rule in 40 CFR 

51.1009(f). 

The RFP plan must describe the 

control measures that provide for 

meeting the reasonable further progress 

milestones for the area, the timing of 

implementation of those measures, and 

the expected reductions in emissions of 

direct PM2.5 and PM2.5 attainment plan 

precursors. 40 CFR 51.1009(c). 

2. Reasonable Further Progress 

Demonstration in the South Coast 2007 

AQMP 

CARB provided an updated and 

revised RFP demonstration for the 

South Coast nonattainment area in 

Appendix C of the 2011 Progress Report. 


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35As discussed above in section V.A., CARB has 

recently updated the inventories for several mobile 

source categories and estimates that these updates 

would reduce, if incorporated into those 

inventories, the Plan’s 2002 base year NOX

inventory by approximately 4 percent and the direct 

PM2.5 inventory by approximately 5 percent. CARB 

Progress Report Supplement, Attachment 1. EPA 

evaluated the potential impact of revising the 2002 

base year inventories on the RFP demonstration and 

found that the Plan would continue to show the 

RFP. See Section II.H. of the TSD. 

The demonstration addresses direct 

PM2.5, NOX, VOC and SOX and uses the 

2002 annual average day inventory as 

the base year inventory and 2014 as the 

attainment year. The revised South 

Coast PM2.5 RFP demonstration is 

summarized Table 8 below. 

As discussed above, the District’s 

modeling demonstration indicated that 

for attainment of the 1997 PM2.5

NAAQS, SOX reductions are the most 

effective, followed by direct PM2.5, and 

then NOX and VOC. Therefore, the 

District’s proposed control strategy 

maximizes reductions of direct PM2.5

and SOX to the extent possible. 

TABLE 8—REVISED RFP CALCULATIONS

[Tons per average annual day] 

NOX VOC Direct PM2.5 SOX

2002 baseline inventory (tpd) .......................................................................... 1093 844 99 53 

Annual percentage change needed to show linear progress (%) ................... 4.87 3.7 1.01 5.35 

Annual emissions reduction representing 1 year’s worth of RFP ................... 52.8 30.8 1.1 2.8 

2009 

Benchmark emissions level (tpd) ..................................................................... 724 628 91 34 

Revised projected controlled level (tpd) .......................................................... 677 563 89 43 

Emissions above/below benchmark emissions level (tpd)a ............................ ¥47 ¥65 ¥2 9 

Percent above/below benchmark emissions level ........................................... ¥6% ¥10% ¥2% +26% 

2012 

Benchmark emissions level (tpd) ..................................................................... 566 534 88 26 

Revised projected controlled emissions level (tpd) ......................................... 582 514 89 26 

Emissions above/below benchmark emissions level (tpd) .............................. 16 ¥20 1 0 

Percent above/below benchmark emissions level (%) .................................... +2.8% ¥4% +1% 0% 

Source: 2011 Progress Report, Appendix C, Table C–2. aA ‘‘-’’ value in the ‘‘projected shortfall’’ cell means the target has been exceeded. A bold italicized value indicates a shortfall. 

3. Proposed Action on the RFP 

Demonstration 

EPA has reviewed the revised RFP 

demonstration in the 2011 Progress 

Report and has determined that it was 

prepared consistent with applicable 

EPA regulations and policies. See 

Section II.H of the TSD. As can be seen 

from Table 8 above, controlled 

emissions levels for NOX, direct PM2.5

and VOC were below the benchmarks 

for 2009, demonstrating that the South 

Coast nonattainment area met its RFP 

targets for that year for those pollutants. 

The table shows that the area has a 

shortfall of 9 tpd of SOX in 2009. For 

2012, the projected controlled emissions 

levels for direct PM2.5 and NOX are only 

slightly above the benchmark (by about 

1%) and the projected controlled levels 

for VOC and SOX are below or at the 

benchmarks. We find that, overall, these 

projected controlled emissions levels 

represent generally linear progress for 

2012. 

Based on our evaluation, which is 

summarized above and discussed in 

detail in section II.H. of the TSD, and 

our proposed concurrence (discussed 

above in Section V.C.3) with the State’s 

determination that NOX, VOC, and SOX

are attainment plan precursors and 

ammonia is not an attainment plan 

precursor per 40 CFR 51.1002(c), we 

propose to find that the South Coast 

2007 AQMP provides for reasonable 

further progress as required by CAA 

section 172(c)(2) and 40 CFR 51.1009 

and that the South Coast nonattainment 

area has met its 2009 RFP 

benchmarks.35

E. Contingency Measures 

1. Requirements for Contingency 

Measures 

Under CAA section 172(c)(9), all 

PM2.5 attainment plans must include 

contingency measures to be 

implemented if an area fails to meet RFP 

(RFP contingency measures) and 

contingency measures to be 

implemented if an area fails to attain the 

PM2.5 NAAQS by the applicable 

attainment date (attainment contingency 

measures). These contingency measures 

must be fully adopted rules or control 

measures that are ready to be 

implemented quickly without 

significant additional action by the 

State. 40 CFR 51.1012. They must also 

be measures not relied on in the plan to 

demonstrate RFP or attainment and 

should provide SIP-creditable emissions 

reductions equivalent to one year of 

RFP. Finally, the SIP should contain 

trigger mechanisms for the contingency 

measures and specify a schedule for 

their implementation. 72 FR 20586, p. 

20642. 

Contingency measures can include 

Federal measures and local measures 

already scheduled for implementation 

that provide emissions reductions in 

excess of those needed to provide for 

RFP or expeditious attainment. EPA has 

approved numerous SIPs under this 

interpretation. See, for example, 62 FR 

15844 (April 3, 1997) direct final rule 

approving Indiana ozone SIP revision; 

62 FR 66279 (December 18, 1997), final 

rule approving Illinois ozone SIP 

revision; 66 FR 30811 (June 8, 2001), 

direct final rule approving Rhode Island 

ozone SIP revision; 66 FR 586 (January 

3, 2001), final rule approving District of 

Columbia, Maryland, and Virginia 

ozone SIP revisions; and 66 FR 634 

(January 3, 2001), final rule approving 

Connecticut ozone SIP revision. The 

State may use the same measures for 

both RFP and attainment contingency if 

the measures will provide reductions in 

the relevant years; however, should 

measures be triggered for failure to make 

RFP, the State would need to submit 

replacement contingency measures for 

attainment purposes. 

2. Contingency Measures in the South 

Coast 2007 AQMP 

The attainment plan for the South 

Coast nonattainment area includes 


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36See ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’) 57 FR 13498, 

at 13512 (April 16, 1992). 

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 and discussed in more detail in 

Appendix IV–A, section 2 of the AQMP. 

They are described below. 

The South Coast 2007 AQMP 

describes the contingency measures in 

the following way: ‘‘Although 

implementation of these measures is 

expected to reduce emissions, there are 

issues that limit the viability of these 

measures as AQMP control measures at 

this time. Issues surrounding these 

measures include, but are not limited to 

availability of District resources to 

implement and enforce the measure, 

cost-effectiveness of the measure, 

potential adverse environmental 

impacts, potential economic impacts, 

effectiveness of emissions reductions, 

and availability of methods to quantify 

emissions reductions.’’ South Coast 

2007 AQMP, page 9–1. 

The South Coast 2007 AQMP does not 

calculate the emissions reductions that 

are equivalent to one year’s worth of 

RFP. Based on information in the plan, 

we have calculated one year’s worth of 

RFP to be 1.1 tpd of direct PM2.5, 52.8 

tpd of NOX, 30.8 tpd of VOC, and 2.8 

tpd of SOX. See Section II.I of the TSD. 

The 2011 Progress Report adds 

language indicating that the trigger for 

implementation of the contingency 

measures is nonattainment of the PM2.5

standard by April 5, 2015. (See 2011 

Progress Report, Appendix F, page (5)) 

Additional information provided by 

CARB indicates some reductions are 

available for attainment contingency 

measures. See CARB Progress Report 

Supplement, Attachment 2, dated May 

18, 2011, in the docket for today’s 

action. 

The South Coast 2007 AQMP and the 

2011 Progress Report contained the 

following contingency measures. 

CTY–01—Offsetting potential 

emissions increase due to change in 

natural gas specifications—This 

proposed contingency measure requires 

RECLAIM facilities that use natural gas 

of a quality that creates more emissions 

to offset these emissions for all 

pollutants. The measure is listed as a 

‘‘Remaining 2003 AQMP Revision 

Control Measure’’ and thus was relied 

on in the 2003 AQMP for attainment. In 

addition, the reductions are not 

quantified, and may be zero, because the 

proposed measure may only reduce 

future emissions increases rather than 

provide net reductions. The measure is 

not triggered by failure to meet RFP or 

attainment and there is no defined 

implementation schedule. For these 

reasons, this proposed measure does not 

meet CAA requirements for contingency 

measures. 

CTY–02—Clean Air Act emission fees 

for major stationary sources—This 

proposed contingency measure would 

use fees generated from the District’s 

Rule 317, Clean Air Act Nonattainment 

Fees, to achieve emissions reductions. 

The implementation of Rule 317 is 

triggered by a failure of the South Coast 

to attain the 1-hour standard by its 

applicable attainment date (which 

occurred on November 15, 2010) and 

not by any failure to make RFP or to 

attain the PM2.5 NAAQS, a requirement 

for contingency measures for PM2.5 SIPs. 

South Coast Rule 317 (a fee equivalency 

program and demonstration) was 

adopted on February 4, 2011 and 

submitted to EPA for approval on April 

22, 2011. There is no implementation 

schedule provided for this contingency 

measure, and the AQMP does not 

quantify the reductions associated with 

this measure. For these reasons, this 

proposed measure does not meet CAA 

requirements for contingency measures. 

CTY–03—Banning pre-Tier 3 off-road 

diesel engines on High Pollution 

Advisory (HPA) days—This proposed 

contingency measure would 

complement a CARB rule which 

proposed to establish declining fleet 

average emissions levels for off-road 

equipment over 25 horsepower (hp). 

The District proposed a complementary 

measure, SC–OFFRD–1, that would ban 

the use of pre-Tier 3 off-road diesel 

engines after 2023 on HPA days should 

the South Coast nonattainment area fail 

to meet the 8-hour ozone standard. This 

proposed contingency measure would 

require additional rulemaking at the 

District level, as it is not currently 

adopted. It also would be implemented 

too late in time to provide for RFP or 

contingency reductions for PM2.5 RFP or 

attainment. In addition, the AQMP does 

not quantify the reductions associated 

with this measure. For these reasons, 

this proposed measure does not meet 

CAA requirements for contingency 

measures. 

CTY–04—Request CARB to accelerate 

State measure implementation—This 

proposed contingency measure (which 

could function as both an RFP and an 

attainment contingency measure), 

requires the District’s Governing Board 

to adopt a resolution requesting CARB 

to accelerate the adoption and/or 

implementation of any remaining 

control measures that have not yet been 

adopted or fully implemented by one 

year. South Coast 2007 AQMP, page 

9–3. 

Under CAA section 172(c)(9) and 

EPA’s policies interpreting this section, 

contingency measures must require 

minimal additional rulemaking by the 

State and take effect within a few 

months of a failure to make RFP or to 

attain.36 This proposed contingency 

measure would require additional 

rulemaking at the District level and 

potentially substantial and lengthy 

additional rulemaking at the State level 

to be implemented. There is no trigger 

mechanism or implementation schedule 

provided, and the AQMP does not 

quantify the reductions associated with 

this measure. For these reasons, this 

proposed measure does not meet CAA 

requirements for contingency measures. 

Post-Attainment Year Emissions 

Reductions. Excess reductions from 

CARB mobile source measures in 2015/ 

2016 do not fully address the 

contingency measure requirement for 

the PM2.5 attainment year. There is no 

calculation of the emissions reductions 

equivalent of one year’s work of RFP in 

the South Coast 2007 AQMP. 

CARB’s 2011 Progress Report 

included calculations for the reductions 

associated with the existing CARB 

mobile source control program for 24 

tpd of NOX and 13 tpd of VOC in the 

year after attainment. However, CARB’s 

mobile source measures do not provide 

sufficient reductions to meet one year’s 

worth of RFP, based on the information 

provided in the 2011 Progress Report 

(see 2011 Progress Report, Appendix F, 

p. 3, and CARB Progress Report 

supplement, Attachment 2; therefore, 

post-attainment-year emissions 

reductions do not meet the CAA 

contingency measure requirement. 


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TABLE 9—SUMMARY OF REDUCTIONS FROM CONTINGENCY MEASURES

[Tons per average annual day] 

PM2.5 NOX VOC SOX

Excess reductions in the RFP demonstration that are available to meet the 2012 RFP 

contingency requirements (excess reduction in the 2012 RFP demonstration) .......... 0 0 0 0 

New 2015 reductions available to meet the attainment contingency requirement ......... 0 24 13 0 

Reductions equivalent to 1-year’s worth of RFP ............................................................. 1 .1 52 .8 30 .8 2 .8 

Source: 2011 Progress Report (see 2011 Progress Report, Appendix F, p. 3. 

3. Proposed Action on the Contingency 

Measures 

We are not evaluating the provisions 

in the South Coast 2007 AQMP that 

address contingency measures for 

failure to meet the 2009 RFP 

benchmarks. Information in the 2011 

Progress Report shows that South Coast 

met its 2009 benchmarks for direct 

PM2.5, NOX, and VOC. See 2011 Progress 

Report, Appendix C, Table C–2. SOX

emissions were higher than the linear 

benchmark, but were corrected by the 

2012 linear benchmark. See 2011 

Progress report, Table C–2, and section 

II.H of the TSD. Therefore, contingency 

measures for failure to meet the 2009 

RFP benchmark no longer have any 

meaning or effect under the CAA and 

therefore do not require any review or 

action by EPA. In addition, as noted 

above, the purpose of RFP contingency 

measures is to provide continued 

progress while the SIP is being revised 

to meet a missed RFP milestone. Failure 

to meet the 2009 benchmark would have 

required California to revise the South 

Coast 2007 AQMP to assure that the 

next milestone was met and that the 

plan still provided for attainment. 

California has already prepared and 

submitted a revision to the South Coast 

2007 AQMP that shows that the SIP 

continues to provide for RFP and for 

attainment by April 5, 2015. This 

revision is the 2011 Progress Report, 

which is one of the submittals that EPA 

is proposing action on in this notice. 

The South Coast 2007 AQMP includes 

suggestions for several contingency 

measures that do not meet the CAA’s 

minimum requirements. The measures 

proposed by the District are not 

adopted, and does not quantify the 

expected emissions reductions in order 

to gauge whether they provide 

reductions equivalent to one year’s 

worth of RFP. 

The continuing implementation of the 

State’s mobile source program will 

reduce emissions substantially in 2015 

(the year after the 2014 attainment year). 

However, as shown in Table 9, these 

reductions do not provide emissions 

reductions equivalent to one year’s 

worth of RFP when considered on a perpollutant basis. 

Based on this evaluation and for the 

reasons stated above, we are proposing 

to disapprove the District’s contingency 

measure provisions for the 2012 RFP 

year and the attainment year in the 

South Coast 2007 AQMP for PM2.5 as 

not meeting the requirements of CAA 

section 172(c)(9) and 40 CFR 51.1012. 

F. Motor Vehicle Emissions Budgets for 

Transportation Conformity 

1. Requirements for Transportation 

Conformity 

Transportation conformity is required 

by section 176(c) of the CAA. Actions 

involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval are subject to the EPA’s 

transportation conformity rule, codified 

at 40 CFR part 93, subpart A. Our 

transportation conformity rule requires 

that transportation plans, programs, and 

projects developed by Metropolitan 

Planning Organizations (MPOs) in 

nonattainment and maintenance areas 

conform to SIPs and establishes the 

criteria and procedures for determining 

whether or not they do so. Conformity 

to the SIP means that transportation 

activities will not cause or contribute to 

new air quality violations, worsen 

existing violations, or delay timely 

attainment of the national ambient air 

quality standards or any interim 

milestone. 

Control strategy SIP submittals (such 

as RFP and attainment SIP submittals) 

must specify the maximum emissions of 

transportation-related emissions from 

existing and planned highway and 

transit systems allowed in the 

appropriate years, i.e., the motor vehicle 

emissions budgets (‘‘budgets’’). The 

submittal must also demonstrate that 

these transportation-related emissions 

levels, when considered with emissions 

from all other sources, are consistent 

with RFP or attainment of the NAAQS, 

whichever is applicable. MPOs cannot 

use the budgets and DOT cannot 

approve a Regional Transportation Plan 

(RTP) or Transportation Improvement 

Program (TIP) conformity analysis using 

the budgets until EPA had made an 

affirmative adequacy finding based on a 

preliminary review of the SIP. MPOs 

must use budgets in a submitted but not 

yet approved SIP, after EPA has 

determined that the budgets are 

adequate. In order for us to find these 

emissions levels or ‘‘budgets’’ adequate 

and/or approvable, the submittal must 

meet the conformity adequacy 

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

(5). Additionally, motor vehicle 

emissions budgets cannot be approved 

until EPA completes a detailed review 

of the entire SIP and determines that the 

SIP and the budgets will achieve their 

intended purpose (i.e., RFP, attainment 

or maintenance). For more information 

on the transportation conformity 

requirement and applicable policies on 

budgets, please visit our transportation 

conformity Web site at: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/index.htm. 

PM2.5 attainment and RFP plans 

should identify budgets for direct PM2.5

and PM2.5 attainment plan precursors. 

Direct PM2.5 budgets should include 

PM2.5 motor vehicle emissions from 

tailpipe, brake wear, and tire wear. 

States must also consider whether reentrained paved and unpaved road dust 

or highway and transit construction 

dust are significant contributors and 

should be included in the direct PM2.5

budget. (See 40 CFR 93.102(b) and 

93.122(f) and the conformity rule 

preamble at 69 FR 40004, 40031–40036 

(July 1, 2004)). The applicability of 

emission trading between conformity 

budgets for conformity purposes is 

described in 40 CFR 93.124(c). 

2. Budgets in the South Coast 2007 

AQMP and Additional 2008 Submittal 

As submitted on November 28, 2007, 

the 2007 South Coast AQMP included a 

set of PM2.5 budgets for direct PM2.5, and 

the PM2.5 precursors NOX and VOC for 

RFP years 2009 and 2012, the 

attainment year 2014, and 2023 and 

2030. The direct PM2.5 budgets include 

tailpipe, brake wear, tire wear, and 

paved road, unpaved road, and 

construction dust. See CARB Resolution 

07–05, which revised the budgets in the 

2007 South Coast AQMP as adopted by 


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37With respect to the ‘‘SIP-based’’ budget for RFP 

year 2009, however, CARB did exclude the 

emissions reductions from measures not adopted by 

October 2006. Thus, the ‘‘SIP-based’’ PM2.5 budget 

for 2009 is the same as the ‘‘baseline’’ PM2.5 budget 

for that year. 

38See letter, James M. Goldstene, Executive 

Officer, CARB, to Deborah Jordan, Air Division 

Director, EPA Region 9, June 3, 2011. 

the District, and which was included in 

the November 28, 2007 submittal. We 

refer herein to these budgets as the 

‘‘original’’ budgets. On April 30, 2008, 

CARB submitted a SIP revision that 

replaced the original set of PM2.5

budgets with two new sets of budgets 

(herein, ‘‘replacement’’ budgets). One 

set of the replacement budgets is 

referred to as ‘‘SIP-based’’ budgets, and 

the other set is referred to as ‘‘baseline’’ 

budgets. In its April 30, 2008 submittal, 

CARB requested that EPA give primary 

consideration to the ‘‘SIP-based’’ 

budgets and only find the ‘‘baseline’’ 

budgets to be adequate if EPA cannot 

find the ‘‘SIP-based’’ budgets adequate 

in their entirety. 

The replacement budgets submitted 

on April 30, 2008 differ from the 

original budgets in that they reflect the 

EPA-approved EMFAC2007 motor 

vehicle emissions factor model (see 73 

FR 3464, January 18, 2008) rather than 

District’s CEPA emission factor model, 

which had been used for the original 

budgets. The ‘‘SIP-based’’ budgets 

reflect emissions reductions from rules 

adopted by October 2006 and also from 

control measures CARB expected to 

adopt in regulatory form in the future. 

The ‘‘baseline’’ budgets differ from the 

‘‘SIP-based’’ budgets by excluding 

emission reductions from control 

measures in the 2007 State Strategy that 

had not been adopted in regulatory form 

by October 2006.37 Moreover, the 

‘‘baseline’’ budgets are only established 

for RFP years 2009 and 2012 whereas 

the ‘‘SIP-based’’ budgets are established 

for the RFP years, the attainment year, 

and 2023 and 2030. 

3. EPA’s 2008 Adequacy/Inadequacy 

Finding 

EPA generally first conducts a 

preliminary review of budgets 

submitted with an attainment, RFP, or 

maintenance plan for adequacy, prior to 

taking action on the plan itself, and did 

so with respect to the replacement PM2.5

budgets in the 2007 South Coast AQMP. 

The availability of the original budgets 

was announced for public comment on 

EPA’s adequacy Web page on February 

12, 2008 and the availability of the 

replacement (then available in draft 

form) was announced for public 

comment on March 27, 2008. EPA 

received comments from the public in 

response to both postings. 

On May 6, 2008, we found the ‘‘SIPbased’’ PM2.5 budgets for the 2007 South 

Coast AQMP, as revised on April 30, 

2008, to be inadequate for transportation 

conformity purposes. See the letter and 

enclosures dated May 6, 2008 from 

Deborah Jordan, Director, Air Division, 

EPA Region 9 to James Goldstene, 

Executive Officer, CARB (a copy of 

which has been placed in the docket for 

this rulemaking). However, in our May 

2008 adequacy determination, we found 

the ‘‘baseline’’ PM2.5 budgets for RFP 

years 2009 and 2012 to be adequate. 

Generally, we found the ‘‘SIP-based’’ 

budgets to be inadequate because they 

reflected control measures not yet 

adopted in regulatory form and thus not 

adequately quantified or supported by 

the plan. In contrast, we found the 

‘‘baseline’’ PM2.5 budgets to be 

consistent with the plan’s RFP 

demonstration and to be based on 

adopted mobile source regulations that 

have already been implemented. 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. 

4. Updated Motor Vehicle Emissions 

Budgets in the 2011 Progress Report and 

Additional Revisions 

CARB’s 2011 Progress Report 

contained updated budgets for the 

South Coast nonattainment area and 

their documentation in Appendices D 

and A, respectively, of the 2011 Progress 

Report. The updated budgets were for 

direct PM2.5, VOC and NOX for the RFP 

year of 2012 and the attainment year of 

2014. No updated budgets were 

included in the 2011 Progress Report for 

the RFP year of 2009 because there are 

no applicable conformity analysis years 

prior to 2012. 

The submittal also includes a 

proposed trading mechanism for 

transportation conformity analyses that 

would allow future decreases in NOX

emissions from on-road mobile sources 

to offset any on-road increases in PM2.5, 

using a NOX to PM2.5 ratio of 10 to 1. 

Transportation conformity trading 

mechanisms are allowed under 40 CFR 

93.124. The basis for the trading 

mechanism is the SIP attainment 

modeling which established the relative 

contribution of each PM2.5 precursor 

pollutant. 

As proposed in the 2011 Progress 

Report, this trading mechanism would 

only be used, if needed, for conformity 

analyses for years after 2014. To ensure 

that the trading mechanism does not 

impact the ability of the South Coast 

nonattainment area to meet the NOX

budget, the NOX emission reductions 

available to supplement the PM2.5

budget would only be those remaining 

after the 2014 NOX budget has been met. 

Clear documentation of the calculations 

used in the trading would be included 

in the conformity analysis. See 2011 

Progress Report, Appendix D, footnote 

to Table D–1. 

On June 20, 2011, CARB posted on its 

Web site technical revisions to the 

updated MVEB in the 2011 Progress 

Report that were referenced in a June 

3rd letter to EPA.38 See CARB, 

‘‘Proposed 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, June 20, 2011, posted at 

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

2007sip/2007sip.htm. These revised 

updated budgets are shown in Table 10 

below. The technical revisions correct 

data entry errors in the budget 

calculations and remove the emission 

reductions attributed to AB923 (the 

South Coast District’s light and medium 

duty high emitter program). 

TABLE 10—REVISED UPDATED RFP AND ATTAINMENT YEAR BUDGETS FOR THE SOUTH COAST PM2.5 NONATTAINMENT

AREA

Year 

Pollutant 

VOC NOX Direct PM2.5

2012 ............................................................................................................................................. 154 326 37 


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39EPA cannot approve or find adequate the 

budgets included in the 2011 Progress Report 

because they include uncreditable reductions from 

AB923 and because of the technical error in the 

budget calculations. 

TABLE 10—REVISED UPDATED RFP AND ATTAINMENT YEAR BUDGETS FOR THE SOUTH COAST PM2.5 NONATTAINMENT

AREA—Continued 

Year 

Pollutant 

VOC NOX Direct PM2.5

2014 ............................................................................................................................................. 132 290 35 

Source: Proposed 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, June 20, 2011. 

5. Proposed Action on the Revised 

Updated Budgets in the 2011 Progress 

Report 

EPA has evaluated the revised 

updated budgets against our adequacy 

criteria in 40 CFR 93.118(e)(4) and (5) as 

part of our review of the approvability 

of the budgets. The results of this review 

are documented in Section II.J of the 

TSD. We are also posting a notice of 

availability on our transportation 

adequacy Web site at http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm. EPA is not 

required under its Transportation 

Conformity rules to find budgets 

adequate prior to proposing approval of 

them. We will ultimately complete the 

adequacy review of these budgets, 

which could occur when we take a final 

action on this SIP, or at an earlier date. 

As discussed in sections V.C. and 

V.D., we have completed our detailed 

review of the South Coast 2007 AQMP 

and supplemental submittals, including 

the 2011 Progress Report. Based on this 

thorough review of these submittals, we 

are proposing to approve the attainment 

and RFP demonstrations in the South 

Coast 2007 AQMP. As discussed above, 

CARB has recently posted revisions to 

the updated budgets that were 

submitted in the 2011 Progress Report 

and intends to present these budgets for 

adoption as a SIP revision at its July 21, 

2011 Board meeting. After reviewing 

these revised updated MVEBs, we are 

proposing to find them to be consistent 

with the approvable attainment and RFP 

demonstrations and to find that they 

meet all other applicable statutory and 

regulatory requirements including the 

adequacy criteria in 40 CFR 93.118(e)(4) 

and (5). Therefore, EPA proposes to 

approve the revised updated budgets 

based on our assumption that we will 

receive the revised budgets as a 

complete SIP revision from the State 

prior to our final action on the South 

Coast 2007 AQMP. If CARB is unable to 

adopt and submit the revised budgets, 

then EPA intends to find inadequate 

and disapprove the budgets contained 

in the 2011 Progress Report.39 If we 

disapprove the budgets, a conformity 

freeze would take effect upon the 

effective date of the disapproval 

(usually 30 days after publication of the 

final action in the Federal Register). A 

conformity freeze means that only 

projects in the first four years of the 

most recent conforming RTP and TIP 

can proceed. During a freeze, no new 

RTPs, TIPs or RTP/TIP amendments can 

be found to conform. See 40 CFR 

93.120. 

6. Proposed Action on the Trading 

Mechanism 

As noted above, CARB included a 

trading mechanism to be used in 

transportation conformity analyses that 

use the proposed budgets as allowed 

under 40 CFR 93.124. This trading 

mechanism would allow future 

decreases in NOX emissions from onroad mobile sources to offset any onroad increases in PM2.5, using a 

NOX:PM2.5 ratio of 10:1. To ensure that 

the trading mechanism does not impact 

the ability of SCAG to meet the NOX

budget, the NOX emission reductions 

available to supplement the PM2.5

budget would only be those reductions 

remaining after the 2014 NOX budget 

has been met. The trading mechanism 

will be implemented with the following 

criteria. The trading applies only to: 

• Analysis years after the 2014 

attainment year. 

• On-road mobile emission sources. 

• Trades using vehicle NOX emission 

reductions in excess of those needed to 

meet the NOX budget. 

• Trades in one direction from NOX

to direct PM2.5. 

• A trading ratio of 10 tpd NOX to 

1 tpd PM2.5. 

Clear documentation of the 

calculations used in the trading would 

be included in the conformity analysis. 

See 2011 Progress Report, Appendix D, 

footnote to Table D–1. 

EPA has reviewed the 10:1 NOX:PM2.5

ratio and finds it is an appropriate ratio 

for trading between NOX and direct 

PM2.5 for transportation conformity 

purposes in the South Coast Air Basin 

for the 1997 PM2.5 NAAQS. The method 

for determining the NOX Equivalent 

Factors is documented in CARB’s Staff 

Report on Proposed 2007 State 

Implementation Plan for the South 

Coast Air Basin—PM2.5 Annual Average 

and 8–Hour Ozone National Ambient 

Air Quality Standards, September 21, 

2007, Appendix C. The method 

discussed in this documentation 

appears to be adequate for purposes of 

assessing the effect of area-wide 

emissions changes, such as are used in 

conformity budgets. See Section V.D.2 

above and II.B.4 of the TSD. 

EPA believes that South Coast 2007 

AQMP as revised by the 2011 Progress 

Report includes an approvable trading 

mechanism for determining 

transportation conformity after 2014. 

EPA is proposing to approve the trading 

mechanism and all of the criteria 

included in the footnote to Table D–1 as 

enforceable components of the 

transportation conformity program for 

the South Coast nonattainment area for 

the 1997 PM2.5 NAAQS. EPA is also 

proposing to approve the use of this 

ratio in transportation conformity 

determinations for the 2006 24-hour 

PM2.5 NAAQS, but only until EPA finds 

adequate or approves budgets developed 

specifically for the 2006 24-hour PM2.5

standard. Until that time, conformity 

will be determined using the budgets for 

the 1997 annual PM2.5 NAAQS. EPA is 

not proposing, at this time, to approve 

the use of this ratio in plans for future 

PM standards or in the District’s new 

source review (NSR) permitting 

program. 

VI. EPA’s Proposed Actions and 

Consequences 

A. EPA’s Proposed Approvals and 

Disapprovals 

For the reasons discussed above, EPA 

proposes to approve, with the exception 

of the contingency measures, 

California’s SIP for attaining the 1997 

PM2.5 NAAQS in the South Coast 

nonattainment area and to grant the 

State’s request for an extension of the 

attainment date. This SIP is composed 

of the relevant portions of the South 

Coast 2007 AQMP as revised in 2011 

and the South Coast-specific portions of 


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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules 41583 

CARB’s 2007 State Strategy as revised in 

2009 and 2011. 

Specifically, EPA proposes to approve 

under CAA section 110(k)(3) the 

following elements of the South Coast 

PM2.5 attainment SIP: 

(1) The 2002 base year emissions 

inventories as meeting the requirements 

of CAA section 172(c)(3) and 40 CFR 

51.1008; 

(2) the reasonably available control 

measures/reasonably available control 

technology demonstration as meeting 

the requirements of CAA sections 

172(c)(1) and 40 CFR 51.1010; 

(3) the reasonable further progress 

demonstration as meeting the 

requirements of CAA section 172(c)(2) 

and 40 CFR 51.1009; 

(4) the attainment demonstration as 

meeting the requirements of CAA 

section 172(c)(1) and(6) and 40 CFR 

51.1007; 

(5) the air quality modeling as 

meeting the requirements of the CAA 

and EPA guidance; 

(6) the revised updated 2012 RFP and 

2014 attainment year motor vehicle 

emissions budgets as posted by CARB 

on June 20, 2011 contingent upon our 

receipt of a SIP revision, because they 

are derived from the approvable RFP 

and attainment demonstrations and 

meet the requirements of CAA section 

176(c) and of 40 CFR 93, subpart A; and 

CARB’s trading mechanism to be used 

in transportation conformity analyses as 

allowed under 40 CFR 93.124; 

(7) SCAQMD’s commitments to the 

adoption and implementation schedule 

for specific control measures listed in 

Tables 2 through 5 in Appendix F of the 

2011 Progress Report to the extent that 

these commitments have not yet been 

fulfilled; and 

(8) 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 to achieve 

aggregate emission reductions by 2014 

sufficient to provide for attainment of 

the 1997 PM2.5 NAAQS as described in 

CARB Resolution 07–28, Attachment B. 

EPA also proposes to concur with the 

State’s determination under 40 CFR 

51.1002(c) that NOX, SOX, and VOC are 

attainment plan precursors and 

ammonia is not an attainment plan 

precursor for attainment of the 1997 

PM2.5 NAAQS in the South Coast 

nonattainment area. 

EPA proposes to grant, pursuant to 

CAA section 172(a)(2)(A) and 40 CFR 

51.1004(a), California’s request to 

extend the attainment date for the South 

Coast PM2.5 nonattainment area to April 

5, 2015. 

EPA proposes to disapprove under 

CAA section 110(k)(3) the contingency 

measures in the South Coast 2007 

AQMP for failing to meet the 

requirements of CAA section 172(c)(9) 

and 40 CFR 51.1012. 

B. CAA Consequences of a Final 

Disapproval 

EPA is committed to working with the 

District, CARB and SCAG to resolve the 

remaining issues with the SIP that make 

the current PM2.5 attainment SIP for the 

South Coast nonattainment area not 

fully approvable under the CAA and the 

PM2.5 implementation rule. However, 

should we finalize the proposed 

disapproval of the contingency measure 

provisions in the South Coast 2007 

AQMP or finalize a disapproval of the 

transportation conformity emissions 

budgets, the offset sanction in CAA 

section 179(b)(2) would apply in the 

South Coast PM2.5 nonattainment area 

18 months after the effective date of a 

final disapproval. The highway funding 

sanctions in CAA section 179(b)(1) 

would apply in the area six months after 

the offset sanction is imposed. Neither 

sanction will be imposed under the 

CAA if California submits and we 

approve prior to the implementation of 

sanctions, SIP revisions that correct the 

deficiencies identified in our proposed 

action. In addition to the sanctions, 

CAA section 110(c)(1) provides that 

EPA must promulgate a federal 

implementation plan addressing the 

deficient elements in the PM2.5 SIP for 

the South Coast nonattainment area two 

years after the effective date of any 

disapproval, should we not approve a 

SIP revision correcting the deficiencies 

within the two years. 

Because we are proposing to approve 

the RFP and attainment demonstrations 

and the motor vehicle emission budgets, 

we are proposing to issue a protective 

finding under 40 CFR 93.120(a)(3) to the 

disapproval of the contingency 

measures. Without a protective finding, 

final disapproval would result in a 

conformity freeze under which only 

projects in the first four years of the 

most recent conforming RTP and TIP 

can proceed. During a freeze, no new 

RTPs, TIPs or RTP/TIP amendments can 

be found to conform. See 40 CFR 

93.120(a)(2). Under a protective finding, 

however, final disapproval of the 

contingency measures would not result 

in a transportation conformity freeze in 

the South Coast PM2.5 nonattainment 

area. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, 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 submittals, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to partially approve 

and partially disapprove state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. 

A. Executive Order 12866, Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

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, because this 

proposed SIP partial approval and 

partial disapproval under CAA section 

110 and subchapter I, part D will not inand-of itself create any new information 

collection burdens but simply approves 

certain State requirements for inclusion 

into the SIP and disapproves others. 

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. For 

purposes of assessing the impacts of 

today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant impact on a 

substantial number of small entities. 

This rule does not impose any 

requirements or create impacts on small 

entities. This proposed partial approval 

and partial disapproval of the SIP under 

CAA section 110 and subchapter I, part 


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41584 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules 

D will not in-and-of itself create any 

new requirements but simply approves 

certain State requirements for inclusion 

into the SIP and disapproves others. 

Accordingly, it affords no opportunity 

for EPA to fashion for small entities less 

burdensome compliance or reporting 

requirements or timetables or 

exemptions from all or part of the rule. 

The fact that the CAA prescribes that 

various consequences (e.g., higher offset 

requirements) may or will flow from 

this disapproval does not mean that 

EPA either can or must conduct a 

regulatory flexibility analysis for this 

action. Therefore, this action will not 

have a significant economic impact on 

a substantial number of small entities. 

We continue to be interested in the 

potential impacts of this proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector.’’ EPA 

has determined that the proposed 

approval and disapproval 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 action proposes to 

partially approve and partially 

disapprove 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 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), 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 distribution of 

power and responsibilities among the 

various levels of government.’’ 

This action does not have federalism 

implications. It 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 proposed to partially approve 

and partially disapprove certain State 

requirements for inclusion into the SIP 

and does not alter the relationship or 

the distribution of power and 

responsibilities established in the Clean 

Air Act. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP EPA is proposing 

to partially approve and partially 

disapprove would not 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. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets E.O. 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 E.O. has the potential to influence 

the regulation. This action is not subject 

to E.O. 13045 because it because it is not 

an economically significant regulatory 

action based on health or safety risks 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997). This proposed 

partial approval and partial disapproval 

of the SIP under CAA section 110 and 

subchapter I, part D will not in-and-of 

itself create any new regulations but 

simply disapproves certain State 

requirements for inclusion into the SIP. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 (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(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

EPA believes that this action is not 

subject to requirements of Section 12(d) 

of NTTAA because application of those 

requirements would be inconsistent 

with the Clean Air Act. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

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 

proposed action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove state choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve certain State 

requirements for inclusion into the SIP 

under CAA section 110 and subchapter 

I, part D and to disapprove others 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: June 29, 2011. 

Jared Blumenfeld, 

Regional Administrator, EPA Region 9. 

[FR Doc. 2011–17229 Filed 7–13–11; 8:45 am] 

BILLING CODE 6560–50–P 


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