S7q UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION
IX 75 Hawthorne Street San Francisco, California 94105 December 27, 2011 MEMORANDUM SUBJECT: Non-Substantive Changes
to Final Rulemaking Notice, “Approval
of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-hour Ozone Standards” FROM: Elizabeth Adams, Deputy Director, Region

9 Air Divisio;.

/:

j Jefferson Wehling, Office of Regional Counsel, Region

9

‘ THRU: Tracy Westfield, Deputy Director, Office of Policy Regulatory Management Division CarolAnn Siciliano, Office of General Counsel Marilyn Kuray, Office of General Counsel TO: Jared Blurnenfeld, Regional Administrator, Region

9 Please find attached corrections

to excerpts from

a notice of final rulemaking entitled “Approval
of Air Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-hour Ozone Standards,” which you signed on December
15, 2011. We recommend that you approve these non- substantive corrections prior to transmittal
of the final rulemaking notice to the Office of Federai Register for publication. Please initial and date each correction that you approve. These corrections
are to accurately describe the California rules for which EPA must complete final action in the near term in order to allow the plan’s attainment demonstration

to rely on emissions reductions from these rules. Specifically,
we are deleting all references

to California’s Ocean Going Vessel (OGV) Rule in this final rulemaking notice because this plan does not rely on emissions reductions from this rule.2 ENVIRONNTAL PROTECTION AGENCY 40CFR Part 52[EPA-R09—OR—2011—0622; FRL—] Approval ofAir Quality Implementation Plans; California; South Coast; Attainment Plan for 1997 8-hour Ozone Standards AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Final rule. SUb4ARY: EPAis approving state implementation plan (SIP) revisions submitted by California to provide for attainment of the 1997 8—hour ozone national ambient air quality standards in the Los Angeles—South Coast area (South Coast) .These SIP revisions arethe South Coast 2007 Air Quality Management Plan (South Coast 2007 AQMP) (revised 2011) and South Coast—related portions ofthe 2007 State Strategy (revised 2009 and 2011)
.EPA is approving the base year emissions inventory; reasonably available control measures demonstration; provisions for transportation control strategies and transportation control measures; the reasonable further progress (REP) and attainment demonstrations; the transportation conformity motor vehicle emissions budgets forallREP milestone years andthe attainment year; contingency measures for failure tomake reasonable further progress andto attain; and Clean Air Act section

182(e) (5)new technologies provisions and associated commitment to adopt contingency measures. EPAisalso approving commitments

to measures and reductions bythe South Coast Air Quality Management District and the California Air Resources Board. DATES: This ruleis effective on [FEDERAL REGISTER OFFICE: INSERT DATE60DAYS FROM DATE OF PUBLICATION). ADDRESSES: EPAhas established docket number EPA-R09—OAR—201l— 0622 for this action. The index tothe docket is available electronically at http://www.regulations.gov andin hard copy at EPA Region IX,75 Hawthorne Street, San Francisco, California. While all documents inthe docket are listed inthe index, some information maybe publicly available only atthe hard copy location (e.g., copyrighted material), and some may notbe publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed inthe FOR FURTHER INFORMATION CONTACT section. Copies ofthe SIP materials are also available for inspection inthe following locations: • California Air Resources Board, 1001I Street, Sacramento, CA 95812 • South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765.

The SIP materials are also electronically available at http://www.aqmd.gov/aqrnp/O7aqmp/index.html and http: //www. arb.ca .gov/planning/sip/2007sip/2007sip.htm.85 86 Generally, EPA will approve aState plan that takes emissions reduction credit fora control measure only where EPA has approved the measure aspart ofthe SIP,orintpe case of certain on—road and nonroad measures, where EPAhas issued the related waiver of preemption or authorization under CAA section

209(b) or section 209(e). Inour September 2011 proposed rule, in calculating and proposing to approve the State’s aggregate emissions reductions commitment in connection with our proposed

approval ofthe attainment demonstration, we assumed that full final approval, waiver, or authorization ofa number of CARE rules would occur prior toour final action onthe South Coast 8—hour ozone plan. See76FR 57872, at 57880—57881 (Table 5)

TcPmtt specific CARE rules on which the attainment demonstration avid-I-he, relies include the Truck RulADrayage Truck We proposed approval of1-l- thre-e rules at76FR 40652 (July 11, 2011), but willbe unable totake final action onthe rules until after taking final action onthe plan because, while CARB has adopted the rules, the rules cannot take

effect until approved bythe California Office of Administrative Law (CAL) and such approval will not happen before EPA’S final action must be taken onthe plan. O Uombr 2, 204i- C sumit4ed -the OGV raij. On November 9, 2011, CAL approved the Drayage Truck rule, and December 14, 2011 CAL approved the Cleaner In-Use Heavy Duty Truck rule. CARB submitted the (ly’7////4-

drayage rule on December 9,andthe truck rule on December 15, andwe expect to complete action on these rules prior tothe effective date ofthis rule. Based on anticipated approval of these CARE rules, weare allowing the plan’s attainment demonstration, and our final approval ofit,to rely onthe emissions reductions from the CARB rules forthe following reasons:

•A1-l three rules have been adopted by CARB, approved bythe California CAL, and submitted toEPAasa revision tothe California SIP,35 andthe adopted versions are essentially the sameas those for which EPA proposed approval; •The comments that we have received onour proposed approval ofthe t CARB rules trueule, thick ru1 contend that the rules are costly and may notbe economically or technologically feasible, but such considerations cannot form the basis for EPA disapproval ofarule submitted byastate aspart ofa SIP [see Union Electric Company v. EPA;, 427 U.S. 246, 265 (l976)j;Weare confident that the final action onthe rules will be completed inthe near term and that, asa result, continued The Truck Rule and Drayage Truck were included inaSIP submittal

dated September 21, 2O11.a4—L cu±—W3 iRs1m at LmL 21, 2Ut. We have placed —e€--rmmSIP submtttai/ in the docket for this rulemaking. I”. /