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 ofthe 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

AL PROTECTION AGENCY

CFR Part 52

OR—2011—0622; FRL—]

plementation Plans; California; South

for 1997 8-hour Ozone Standards

rotection Agency (EPA).

ate implementation plan (SIP)

ornia to provide for attainment of

al ambient air quality standards in

area (South Coast) . These SIP

2007 Air Quality Management Plan

sed 2011) and South Coast—related

rategy (revised 2009 and 2011) . EPA

missions inventory; reasonably

monstration; provisions for

gies and transportation control

her progress (REP) and attainment

ation conformity motor vehicle

milestone years and the attainment

r failure to make reasonable

; and Clean Air Act section

ovisions and associated commitment

EPA is also approving commitments

to measures and reductions by the South Coast Air Quality

Management District and the California Air Resources Board.

DATES: This rule is effective on [FEDERAL REGISTER OFFICE:

INSERT DATE 60 DAYS FROM DATE OF PUBLICATION).

ADDRESSES: EPA has established docket number EPA-R09—OAR—201l—

0622 for this action. The index to the docket is available

electronically at http://www.regulations.gov and in hard copy at

EPA Region IX, 75 Hawthorne Street, San Francisco, California.

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 in either location (e.g., CBI). To inspect

the hard copy materials, please schedule an appointment during

normal business hours with the contact listed in the FOR FURTHER

INFORMATION CONTACT section.

Copies of the SIP materials are also available for

inspection in the following locations:

• California Air Resources Board, 1001 I 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

rove a State plan that takes

or a control measure only where EPA

part of the SIP, or in tpe case of

measures, where EPA has issued the

or authorization under CAA section

our September 2011 proposed rule,

to approve the State’s aggregate

ent in connection with our proposed

emonstration, we assumed that full

uthorization of a number of CARE

ur final action on the South Coast

57872, at 57880—57881 (Table 5)

which the attainment demonstration

avid-I-he, 

ADrayage Truck

roposed approval of 1-l- thre-e rules

, but will be unable to take final

er taking final action on the plan

ed the rules, the rules cannot take

California Office of Administrative

ill not happen before EPA’S final

an. O Uombr 2, 204i- C

vember 9, 2011, CAL approved the

ber 14, 2011 CAL approved the

k rule. CARB submitted the

(ly’7/// /4-

drayage rule on December 9, and the truck rule on December 15,

and we expect to complete action on these rules prior to the

effective date of this rule.

Based on anticipated approval of these CARE rules, we are

allowing the plan’s attainment demonstration, and our final

approval of it, to rely on the emissions reductions from the

CARB rules for the following reasons:

• A1-l three rules have been adopted by CARB, approved by the

California CAL, and submitted to EPA as a revision to the

California SIP, 35 and the adopted versions are essentially

the same as those for which EPA proposed approval;

• The comments that we have received on our proposed approval

of the tCARB rules trueule, thick ru1

contend that the rules are

costly and may not be economically or technologically

feasible, but such considerations cannot form the basis for

EPA disapproval of a rule submitted by a state as part of a

SIP [see Union Electric Company v. EPA;, 427 U.S. 246, 265

We

(l976)j;

are confident that the final action on the rules will be

completed in the near term and that, as a result, continued

The Truck Rule and Drayage Truck were included in a SIP 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”. /