[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Proposed Rules]
[Pages 67320-67323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-203-0062; FRL-5940-7]

Approval and Promulgation of State


Implementation Plans; California; Ventura County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a state implementation plan (SIP) 
revision submitted by the State of California relating to control 
measures for attaining the ozone national ambient air quality standards 
(NAAQS) in the Ventura County nonattainment area. The submittal revises 
control measure adoption schedules in the 1994 ozone SIP for Ventura 
County. EPA is proposing to approve the SIP revision under provisions 
of the Clean Air Act (CAA or the Act) regarding EPA action on SIP 
submittals, SIPs for national primary and secondary ambient air quality 
standards, and plan requirements for nonattainment areas.

DATES: Written comments on this proposal must be received by January 
23, 1998.

ADDRESSES: Comments should be addressed to the USEPA contact listed 
below.
    The rulemaking docket for this notice may be inspected and copied 
at the following location during normal business hours. A reasonable 
fee may be charged for copying parts of the docket.

Environmental Protection Agency, Region 9, Air Division, Air Planning 
Office 75 Hawthorne Street, San Francisco, CA 94105-3901

    Copies of the SIP materials are also available for inspection at 
the addresses listed below:


[[Page 67321]]


California Air Resources Board, 2020 L Street, Sacramento, California

Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, California

FOR FURTHER INFORMATION CONTACT: Dave Jesson (415) 744-1288, Air 
Planning Office (AIR-2), Air Division, U.S. EPA, Region 9, 75 Hawthorne 
Street, San Francisco, California, 94105-3901.

SUPPLEMENTARY INFORMATION:

I. Background

A. Clean Air Act Requirements

    The Federal CAA was substantially amended in 1990 to establish new 
planning requirements and attainment deadlines for the NAAQS. Under 
section 107(d)(1)(C) of the Act, areas designated nonattainment prior 
to enactment of the 1990 amendments, including Ventura, were designated 
nonattainment by operation of law. Under section 181(a) of the Act, 
each ozone area designated nonattainment under section 107(d) was also 
classified by operation of law, depending on the area's air quality 
problem. Ventura County was classified as severe, with an attainment 
date of November 15, 2005.<SUP>1</SUP>
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    \1\ The designation and classification of Ventura County for 
ozone are codified at 40 CFR 81.305.
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    Section 172 of the Act contains general requirements applicable to 
SIPs for nonattainment areas. Section 182 of the Act sets out 
additional air quality planning requirements for ozone nonattainment 
areas.
    The most fundamental of these provisions is the requirement that 
ozone nonattainment areas classified as serious, severe, or extreme, 
submit by November 15, 1994, a SIP demonstrating attainment of the 
ozone NAAQS as expeditiously as practicable but no later than the 
deadline applicable to the area's classification. CAA section 
182(c)(2)(A). Such a demonstration must provide enforceable measures to 
achieve emission reductions at or below the level predicted to result 
in attainment of the NAAQS throughout the nonattainment area. Sections 
182(b)(1) and 182(c)(2)(B) also require the SIPs to achieve specific 
rates of progress (ROP) in milestone years leading to the attainment 
year.
    EPA has issued a ``General Preamble'' describing the Agency's 
preliminary views on how EPA intends to act on SIPs submitted under 
Title I of the Act. See generally 57 FR 13498 (April 16, 1992) and 57 
FR 18070 (April 28, 1992). The reader should refer to the General 
Preamble for a more detailed discussion of EPA's preliminary 
interpretations of Title I requirements. In this proposed rulemaking 
action, EPA is applying these policies to the Ventura ozone SIP 
submittal, taking into consideration the specific factual issues 
presented.

B. EPA Actions on Prior Ventura Ozone SIP Revisions

    The Ventura County Air Pollution Control District (VCAPCD) adopted 
an ozone attainment plan on November 8, 1994. This plan was forwarded 
to the California Air Resources Board (CARB), which submitted the plan 
as a proposed revision to the California SIP on November 15, 1994. On 
December 19, 1995, VCAPCD adopted an updated plan, making minor 
revisions to adoption and implementation schedules and estimates of 
emissions reductions for some of the control measures. On July 12, 
1996, CARB submitted this updated plan, with a request that EPA approve 
the corrected version of the control measures.
    On January 8, 1997 (62 FR 1150), EPA issued final approval of the 
Ventura 1994 ozone SIP, as amended by the submittal of July 12, 1996. 
Specifically, EPA approved the Ventura 1994 ozone SIP with respect to 
the Act's requirements for emission inventories, control measures, 
modeling, and demonstrations of 15% ROP and post-1996 ROP and 
attainment. As part of this action, EPA approved, under sections 
110(k)(3) and 301(a) of the Act, VCAPCD's enforceable commitments to 
adopt and implement 18 control measures by express dates to achieve 
specific emission reductions for the ROP milestone years 1999, 2002, 
and 2005.
    EPA's approval noted that VCAPCD had adopted on January 9, 1996, 
minor further changes to the adoption schedule and emission reductions 
for many of the control measures. Because the further changes had not 
yet been submitted by CARB, however, EPA explained that the Agency must 
act on the adoption schedule as revised by Ventura on December 19, 
1995. EPA noted that if the January 1996 changes were to be submitted 
as a further revision to the SIP's rule adoption schedule, EPA intended 
to approve them since the changes did not adversely affect ROP or 
attainment (62 FR 1175).

C. Current SIP Revision

    On October 21, 1997, the VCAPCD Board adopted, after proper public 
notice and involvement, a 1997 revision to the ozone plan, updating the 
adoption and implementation dates for 8 measures in the 1994 ozone 
SIP.<SUP>2</SUP>
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    \2\ VCAPCD Board Resolution is part of the docket for this 
proposed rulemaking. The VCAPCD plan update also extends the 
adoption date for one additional measure, R-705/N-705 Low Emission 
Vehicle Fleets, which was not approved as part of the 1994 ozone 
SIP. CARB did not include this measure in the 1997 SIP submittal. 
VCAPCD assigns no emission reduction credit to the measure and does 
not propose a specific implementation date.
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    On November 5, 1997, CARB adopted and submitted this update as a 
SIP revision. The docket to this proposed rulemaking includes CARB 
Executive Order G-125-227, dated November 5, 1997, and a SIP 
transmittal letter from Michael P. Kenny, CARB Executive Officer, to 
Felicia Marcus, EPA Regional Administrator, Region 9, dated November 5, 
1997. On November 19, 1997, EPA found the revision to be complete, 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
Part 51 Appendix V.<SUP>3</SUP> A technical clarification regarding 
emission reductions for each measure is also part of the docket to this 
action. The clarification is in a November 20, 1997 letter from Richard 
H. Baldwin, VCAPCD Air Pollution Control Officer, to Michael Kenny. 
CARB submitted this letter to EPA on December 5, 1997 (letter from 
Michael P. Kenny to David Howekamp, EPA) as a technical clarification 
to the SIP.
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    \3\ EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
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    The table entitled ``Revised Adoption and Implementation Dates for 
Ventura Measures'' displays the adoption and implementation dates for 
each rule in the existing SIP and the proposed revision.

                         Revised Adoption and Implementation Dates for Ventura Measures                         
----------------------------------------------------------------------------------------------------------------
                                                                            Adoption           Implementation   
             Rule No.                       Control measure         --------------------------------------------
                                                                        SIP         Rev        SIP        Rev   
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R-303............................  AIM Architectural Coatings......      12/96      12/99       12/97  .........
                                       Phase 1.....................  .........  ..........  .........       2000

[[Page 67322]]

                                                                                                                
                                       Phase 2.....................  .........  ..........  .........       2001
                                       Phase 3.....................  .........  ..........  .........       2003
R-322............................  Painter Certification Program...       6/97      12/00   .........  .........
                                       Phase 1.....................  .........  ..........      12/97      12/01
                                       Phase 2.....................  .........  ..........      12/98      12/02
R-327............................  Electronic Component                   6/96      12/99        7/97      12/01
                                    Manufacturing.                                                              
R-410............................  Marine Tanker Loading...........       9/96      12/01        7/97      12/02
R-420............................  Pleasure Craft Fuel Transfer....       6/97      12/01        7/98      12/02
R-421............................  Utility Engine Refueling              12/96      12/01        9/97      12/02
                                    Operations.                                                                 
R-425............................  Enhanced Fugitive I/M Program...       9/96      12/98        5/97      12/99
N-102............................  Boilers, Steam Generators,            12/96      12/99        1/97      12/00
                                    Heaters <1 MMBtu.                                                           
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    In a technical clarification to the SIP submittal, VCAPCD also 
provided a table of revised emission reductions for each measure and 
ROP milestone, reflecting improved information on the measures 
(primarily corrections to calculation errors) and the impact of changes 
to the adoption schedule. VCAPCD adopted many of these revised emission 
reductions as part of the 1995 AQMP revision adopted December 19, 1995. 
The revised 2005 emission reductions proposed for approval in this 
action were used in the modeling in the Ventura attainment 
demonstration, which was approved by EPA as part of the Ventura 1994 
ozone SIP.
    The revised estimates of emission reductions based upon the 
December 19, 1995 reanalysis and the revised implementation schedule 
appear below in the table entitled ``Revised Emission Reductions for 
Ventura Measures.''

                                Revised Emission Reductions for Ventura Measures                                
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                                                       1999                   2002                  2005        
       Rule No.            Control measure   -------------------------------------------------------------------
                                                 SIP         Rev        SIP         Rev        SIP        Rev   
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R-303.................  AIM Architectural          0.00       0.00        0.00       0.73        0.89       0.89
                         Coatings.                                                                              
R-322.................  Painter                    0.48       0.00        0.51       0.11        0.53       0.59
                         Certification                                                                          
                         Program.                                                                               
R-327.................  Electronic Component       0.07       0.00        0.07       0.07        0.08       0.08
                         Manufacturing.                                                                         
R-410.................  Marine Tanker              0.00       0.00        0.00       0.00        0.00       0.00
                         Loading.                                                                               
R-420.................  Pleasure Craft Fuel        0.08       0.00        0.08       0.00        0.08       0.08
                         Transfer.                                                                              
R-421.................  Utility Engine             0.19       0.00        0.20       0.00        0.20       0.20
                         Refueling                                                                              
                         Operations.                                                                            
R-425.................  Enhanced Fugitive I/       1.21       0.00        1.07       1.16        0.95       1.03
                         M Program.                                                                             
N-102.................  Boilers, Steam             0.05       0.00        0.06       0.04        0.06       0.04
                         Generators, Heaters                                                                    
                         <1 MMBtu.                                                                              
                         Total                                                                                  
                            VOC.............       2.03       0.00        1.93       2.07        2.73       2.87
                            NO<INF>x.............       0.05       0.00        0.06       0.04        0.06       0.04
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 Sources: The 1994 SIP emission reductions for each control measure for each ROP milestone year are shown in a  
  table entitled ``Ventura Local Control Measures'' in EPA's final approval of the Ventura 1994 ozone SIP. 62 FR
  1176. The revised emissions reductions are taken from a letter from Richard H. Baldwin to Michael Kenny, dated
  November 20, 1997, table entitled ``Ventura Local Control Measures (tons per day).'' All emission reductions  
  are in tons per day of volatile organic compounds (VOC), except for measure N-102, which is tons per day of   
  oxides of nitrogen (NO<INF>x).                                                                                     

    The SIP revision included documentation explaining for each measure 
why the projected adoption and implementation dates were not realistic, 
considering the level of analysis required or, for some new-technology 
measures, the relatively small market for control equipment and devices 
in Ventura County.<SUP>4</SUP> VCAPCD's documentation demonstrated that 
postponement of the adoption and implementation dates for the measures 
will not jeopardize ROP because the area, relying only on regulations 
that are now fully adopted, will achieve VOC and NO<INF>X</INF> 
emissions reductions significantly in excess of the ROP reductions 
required under the CAA. Finally, VCAPCD noted that all measures would 
continue to be fully implemented by the attainment date, and that the 
revised estimate of emission reductions from the measures in 2005 was 
used in the ozone modeling analysis in the 1994 ozone SIP.
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    \4\ A copy of the documentation, ``October 21, 1997 Ventura 
County Air Pollution Control Board Packet,'' is included in the 
docket for this proposed rulemaking.
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II. EPA Action

A. Analysis

    Two sections of the CAA constrain EPA's authority to approve 
relaxations to the SIP. Section 110(l) prohibits EPA from approving a 
revision if it would ``interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of this Act.'' 
Section 193 prevents modification of control requirements ``in effect, 
or required to be adopted by an order, settlement agreement, or plan in 
effect before November 15, 1990 in any area which is a nonattainment 
area for any air pollutant * * * unless the modification insures 
equivalent or greater emission reductions of such air pollutant.''
    The Ventura 1994 ozone SIP, including its control measures and 
demonstrations of ROP and attainment, was not required by an order, 
settlement agreement, or plan in effect before November 15, 1990. 
Therefore, the provisions of section 193 of the Act do not apply to 
this proposed revision.
    Section 110(l) does not authorize EPA approval of a revised SIP if 
the revision

[[Page 67323]]

would interfere with attainment and reasonable further progress, or any 
other applicable CAA requirement.
    The cumulative effect of the proposed extensions of implementation 
dates is a decrease in 1999 emission reductions of 2.03 tpd VOC and 
0.05 tpd NO<INF>X</INF>. The net effect of the revision is considerably 
less in 2002 and 2005. For these ROP milestone years, the delayed 
NO<INF>x</INF> reductions amount to only 0.02 tpd, and VOC reductions 
are actually increased by 0.14 tpd, due to recalculated benefits from 
measures R-303 and R-425.
    The Ventura 1994 ozone SIP meets the minimum Federal ROP 
requirements without reliance on any local measures that were not fully 
adopted in regulatory form.<SUP>5</SUP> Therefore, the proposed 
revision would not interfere with reasonable further progress, which 
for ozone areas is equivalent to the minimum CAA ROP requirements 
applicable to the area.
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    \5\ EPA's final approval of the Ventura 1994 ozone SIP at one 
point states that ``the Ventura control measures are relied upon in 
meeting the post-1996 ROP and attainment requirements of the Act.'' 
62 FR 1176. This statement is true with respect to attainment but is 
in error with respect to ROP requirements. VCAPCD's 1994 ozone SIP 
includes a Post-96 ROP schedule that meets the minimum CAA 
requirement for each milestone year (9% reduction in emissions for 
each 3-year period through the attainment year, i.e., 1999, 2002, 
2005), relying only on fully adopted regulations, with no credit 
taken from local control measures. The 1994 ozone SIP uses 
creditable NO<INF>X</INF> reductions to substitute for VOC 
shortfalls in 2002 and 2005, as allowed by section 182(c)(2)(C) of 
the Act.
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    Because the proposed revision simply delays rather than relaxes or 
withdraws control measures in the approved SIP, because the total 
amount of postponed emission reductions is small, because there is a 
net increase in the total of ozone precursor emission reductions in the 
attainment year, and because the VOC/NO<INF>X</INF> emission reductions 
reflected in this submittal were used in the modeled attainment 
demonstration in the Ventura 1994 ozone SIP, EPA concludes that the 
proposed revision would not interfere with any requirement of the CAA 
relating to the 1-hour ozone NAAQS, or any other NAAQS, or any other 
State obligation under the Act.

B. Summary of Proposed Action

    In this document, EPA is proposing to approve the 1997 update to 
the 1994 ozone SIP for Ventura under sections 110(k)(3) and 301(a) of 
the Act. The effect of this approval, if finalized, would be to amend 
the federally enforceable adoption and implementation dates and 
emission reductions for 8 measures in the Ventura 1994 ozone SIP as 
shown in the tables above entitled ``Revised Adoption and 
Implementation Dates for Ventura Measures'' and ``Revised Emission 
Reductions for Ventura Measures.''

III. Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small business, small not-for-profit enterprises, and 
government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under sections 110 and 301 and subchapter I, part D 
of the CAA, do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, it does not 
have a significant impact on any small entities affected. Moreover, due 
to the nature of the Federal state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIP's on such grounds. 
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    The OMB has exempted this action from review under Executive Order 
12866.

IV. Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act'') signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of these SIP revisions, the State and any 
affected local or tribal governments have elected to adopt the program 
provided for under section 110 and 182(b) of the CAA. These rules may 
bind State, local, and tribal governments to perform certain actions 
and also require the private sector to perform certain duties. To the 
extent that the rules being approved or disapproved by this action will 
impose any mandate upon the State, local, or tribal governments either 
as the owner or operator of a source or as a regulator, or would impose 
any mandate upon the private sector, EPA's action will impose no new 
requirements; such sources are already subject to these requirements 
under State law. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action. 
EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: December 16, 1997.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 97-33609 Filed 12-23-97; 8:45 am]
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