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[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20868-20881]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08117]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2013-0007; FRL-9798-3]

Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of California; 
PM10; Redesignation of the South Coast Air Basin to 
Attainment; Approval of PM10 Redesignation Request and 
Maintenance Plan for the South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, as a revision to the California 
state implementation plan, the State's request to redesignate the Los 
Angeles-South Coast Air Basin nonattainment area to attainment, which 
is currently designated serious nonattainment for the 1987 national 
ambient air quality standards for particulate matter of ten microns or 
less. EPA is also proposing to approve the PM10 maintenance 
plan and the associated motor vehicle emissions budgets for use in 
transportation conformity determinations necessary for the South Coast 
area. Finally, EPA is proposing to approve the attainment year 
emissions inventory. EPA is proposing these actions because the SIP 
revision meets the requirements of the Clean Air Act and EPA guidance 
for such plans and motor vehicle emissions budgets.

DATES: Any comments must be received on or before May 8, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0007, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions.
    2. Email: tax.wienke@epa.gov.
    3. Mail or Deliver: Wienke Tax (Air-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901. Deliveries are only accepted during the Regional Office's 
normal hours of operation.
    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 email. http://www.regulations.gov is an 
anonymous access system, and EPA will not know your identity or contact 
information unless you provide it in the body of your comment.
    If you send email directly to EPA, your email address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    Docket: The index to the docket and documents in the docket for 
this action are generally available electronically at 
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 
Street, San Francisco, California. While documents in the docket are 
listed in the index, some information may be publicly available only at 
the hard copy location (e.g., voluminous records, 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.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, U.S. Environmental 
Protection Agency, Air Planning Office, Region IX, (415) 947-4192, 
tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Summary of Today's Proposed Action
II. Background
    A. The PM10 NAAQS
    B. PM10 Planning Requirements
    C. PM10 Attainment Plans for the South Coast Area
III. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
IV. Substantive Requirements for Redesignation
V. Evaluation of the State's Redesignation Request for the South 
Coast PM10 Nonattainment Area
    A. Determination That the Area Has Attained the PM10 
NAAQS
    B. The Area Has a Fully-Approved SIP Meeting Requirements 
Applicable for Purposes of Redesignation under Section 110 and Part 
D
    1. Basic SIP Requirements under CAA Section 110
    2. SIP Requirements under Part D
    C. EPA has Determined that the Improvement in Air Quality is Due 
to Permanent and Enforceable Reductions in Emissions
    D. The Area Must Have a Fully-Approved Maintenance Plan under 
CAA Section 175A
    1. Attainment Inventory
    2. Maintenance Demonstration
    3. Verification of Continued Attainment
    4. Contingency Provisions
    5. Commitment to Submit Subsequent Maintenance Plan Revision
    E. Transportation Conformity and Motor Vehicle Emissions Budgets
VI. Proposed Actions and Request for Public Comment
VII. Statutory and Executive Order Reviews

I. Summary of Today's Proposed Action

    EPA is proposing to take several related actions. Under Clean Air 
Act (CAA or ``the Act'') section 107(d)(3)(D), EPA is proposing to 
approve the State's request to redesignate the South Coast 
PM10 nonattainment area to attainment for the 24-hour 
PM10 NAAQS. We are doing so based on our conclusion that the 
area has met the five criteria for redesignation under CAA section 
107(d)(3)(E): (1) That the area has attained the 24-hour 
PM10 NAAQS in the 2008-2010 time period and that the area 
continues to attain the PM10

[[Page 20869]]

standard since that time; (2) that relevant portions of the California 
state implementation plan (SIP) are fully approved; (3) that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions; (4) that California has met all requirements 
applicable to the South Coast PM10 nonattainment area with 
respect to section 110 and part D of the CAA; and (5) that the Final 
PM10 Redesignation Request and Maintenance Plan for the South Coast Air 
Basin (December 2009) (``2009 South Coast PM10 Redesignation 
Request and Maintenance Plan'') \1\ meets the requirements of section 
175A of the CAA.
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    \1\ See letter, James N. Goldstene, Executive Officer, to Jared 
Blumenfeld, Regional Administrator, EPA Region 9, dated April 28, 
2010, with attachments.
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    In addition, under CAA section 110(k)(3), EPA is proposing to 
approve the maintenance plan including the motor vehicle emissions 
budgets (budgets) in the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan as a revision to the California SIP. EPA 
finds that the maintenance demonstration shows how the area will 
continue to attain the 24-hour PM10 NAAQS for at least 10 
years beyond redesignation (i.e., through 2030). Finally, EPA is 
proposing to approve the attainment year emissions inventory under CAA 
section 172(c)(3). EPA is proposing these actions because the SIP 
revision meets the requirements of the CAA and EPA guidance for such 
plans and budgets.
    Finally, with this Federal Register notice, EPA is notifying the 
public that we will be reviewing the maintenance plan budgets for 
adequacy. This begins the public comment period on adequacy; see DATES 
section of this notice for the closing date of the comment period.

II. Background

A. The PM10 NAAQS

    EPA sets the NAAQS for certain ambient air pollutants at levels 
required to protect public health and welfare. Particulate matter with 
an aerodynamic diameter less than or equal to a nominal ten 
micrometers, or PM10, is one of the ambient air pollutants 
for which EPA has established health-based standards.
    EPA revised the NAAQS for particulate matter on July 1, 1987 (52 FR 
24633), replacing standards for total suspended particulates (TSP less 
than 30 microns in diameter) with new standards applying only to 
particulate matter up to 10 microns in diameter (PM10). At 
that time, EPA established two PM10 standards, an annual 
standard and a 24-hour standard. An area attains the 24-hour 
PM10 standard of 150 micrograms per cubic meter ([mu]g/m\3\) 
when the expected number of days per calendar year with a 24-hour 
concentration in excess of the standard (referred to as an exceedance), 
is equal to or less than one.\2\ The annual PM10 standard is 
attained when the expected annual arithmetic mean of the 24-hour 
samples averaged over a 3-year period does not exceed 50 [mu]g/m\3\. 
See 40 CFR 50.6 and 40 CFR part 50, Appendix K.
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    \2\ An exceedance is defined as a daily value that is above the 
level of the 24-hour standard, 150 [mu]g/m\3\, after rounding to the 
nearest 10 [mu]g/m\3\ (i.e., values ending in five or greater are to 
be rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not 
be an exceedance since it would be rounded to 150 [mu]g/m\3\; 
whereas, a recorded value of 155 [mu]g/m\3\ would be an exceedance 
since it would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50, 
Appendix K, section 1.0.
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    On July 18, 1997, EPA established new national ambient air quality 
standards (NAAQS) for particulate matter less than 2.5 microns (fine 
particulate or PM2.5). 62 FR 38652. In the 1997 PM NAAQS 
revision, EPA also revised the standards for PM10 but these 
revised PM10 standards were later vacated by the court, and 
the 1987 PM10 standards remain in effect.
    In an October 17, 2006 PM NAAQS revision, the 24-hour 
PM10 standards were retained but the annual standards were 
revoked effective December 18, 2006. 71 FR 61144 (October 17, 2006). On 
January 13, 2013, EPA announced that it was again retaining the 24-hour 
PM10 NAAQS as a 24-hour standard of 150 micrograms per cubic 
meter ([mu]g/m\3\). See 78 FR 3086. This SIP submittal addresses the 
24-hour PM10 standard as originally promulgated in 1987 and 
reaffirmed on January 13, 2013.

B. PM10 Planning Requirements

    Once an area is designated nonattainment, section 188 of the CAA 
outlines the process for classification of the area and establishes the 
area's attainment date. In accordance with section 188(a), at the time 
of designation, all PM10 nonattainment areas, including the 
Los Angeles-South Coast Air Basin (``South Coast''),\3\ were initially 
classified as moderate by operation of law. Section 188(b)(1) of the 
Act further provides that moderate areas can subsequently be 
reclassified as serious before the applicable moderate area attainment 
date if at any time EPA determines that the area cannot ``practicably'' 
attain the PM10 NAAQS by this attainment date.
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    \3\ The South Coast air basin includes Orange County, the 
southwestern two-thirds of Los Angeles County, southwestern San 
Bernardino County, and western Riverside County (see 40 CFR 81.305).
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    On the date of enactment of the 1990 CAA Amendments, 
PM10 areas, including the South Coast, meeting the 
qualifications of section 107(d)(4)(B) of the amended Act, were 
designated nonattainment by operation of law. See 56 FR 11101 (March 
15, 1991) and 40 CFR 81.305.
    Direct PM10 emissions in the South Coast are dominated 
by reentrained road dust from paved and unpaved roads, construction and 
demolition, and on-and off-road mobile sources. Of these, according to 
the inventory in the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan, the majority of direct PM10 
emissions come from reentrained road dust from paved roads. Within the 
South Coast air basin, in addition to being directly emitted into the 
atmosphere (e.g., primary particles), PM10 emissions can be 
formed through atmospheric chemical reactions from precursor gases 
(e.g., secondary particles). Secondary particles, such as sulfates, 
nitrates, and complex carbon compounds, are formed from reactions with 
oxides of sulfur (SOX), oxides of nitrogen (NOX), 
volatile organic compounds (VOCs), and ammonia (NH3). The 
District includes emissions inventories in the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan for 
precursors of PM10 (notably NOX, and to a lesser 
extent, SOX and VOCs). The District estimates that 56% of 
the total mass of average peak concentrations of PM10 is 
attributable to PM2.5 and 44% to coarse PM (fugitive dust or 
PM10). See 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan, p. 5.
    The 1990 CAA Amendments established new planning requirements and 
attainment deadlines for the NAAQS. The most fundamental of these 
nonattainment area provisions applicable to the South Coast is the 
requirement that the State submit a SIP demonstrating attainment of the 
PM10 NAAQS. This demonstration must be based upon 
enforceable measures to achieve emission reductions leading to 
emissions at or below the level predicted to result in attainment of 
the NAAQS throughout the nonattainment area. CAA section 189(a).
    EPA determined on January 8, 1993, that the South Coast could not 
practicably attain the PM10 NAAQS by the applicable 
attainment deadline for moderate areas (December 31, 1994, per section 
188(c)(1) of the Act), and reclassified the area as serious (58 FR 
3334). In accordance with section 189(b)(1) of the Act, the State was 
required to make the following SIP

[[Page 20870]]

submittals. First, the State had to submit by August 8, 1994, a SIP to 
ensure the implementation of best available control measures (BACM) no 
later than four years after reclassification, as required by CAA 
section 189(b)(1)(B). Second, the State had to submit a SIP by February 
8, 1997, providing for progress and expeditious attainment, as required 
by CAA section 189(b)(1)(A). Because the State requested an extension 
of the attainment date for the South Coast beyond the applicable 
deadline of December 31, 2001, under CAA section 188(e) the State also 
had to demonstrate that the 1997 plan included the MSM that are 
included in any implementation plan or are achieved in practice, and 
can feasibly be implemented in the area.

C. PM10 Attainment Plans for the South Coast Area

    Beginning in the 1970s and continuing to the present, the South 
Coast Air Quality Management District (SCAQMD) and CARB have adopted a 
number of rules and prepared a number of nonattainment plans to address 
planning requirements under the CAA. CARB submitted these rules and 
plans to EPA at various times, and EPA approved a number of them into 
the California SIP. Examples of rules adopted by SCAQMD and approved by 
EPA as revisions to the California SIP as part of the PM10 
control strategy in the South Coast PM10 nonattainment area 
include: Rule 403--Fugitive Dust; Rule 1186--PM10 Emissions 
from Paved and Unpaved Roads, and Livestock Operations; Rule 1156--
PM10 Emissions Reductions from Cement Manufacturing 
Facilities; and Rule 1157--PM10 Emissions Reductions from 
Aggregate and Related Operations. In addition, SCAQMD has adopted and 
implemented numerous rules that address PM10 precursors such 
as NOX, VOCs, and SOX.
    CARB also adopted rules that reduce PM10 and 
PM10 precursor emissions. Examples of rules 
adopted by CARB and approved by EPA as revisions to the California SIP 
that have reduced PM10 or PM10 precursors in the 
South Coast PM10 nonattainment area include: California Code 
of Regulations (CCR) Title 13, Section 2025 (``Regulation to Reduce 
Emissions of Diesel Particulate Matter, Oxides of Nitrogen and other 
Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled Vehicles''); 
Section 2027 (``In-Use On-Road Diesel-Fueled Heavy-Duty Drayage 
trucks''); and Section 2262--California Reformulated Gasoline Phase 2 
and Phase 3 Standards.
    The SCAQMD has adopted and CARB has submitted a number of 
PM10 attainment plans and regulations for the South Coast 
PM10 nonattainment area. In 2003, EPA fully approved a 
PM10 attainment plan for the South Coast as meeting all CAA 
requirements for serious PM10 nonattainment areas, including 
BACM and MSM, and as part of that action we also granted attainment 
date extensions for the area for both the 24-hour and annual 
PM10 NAAQS, from December 31, 2001 to December 31, 2006, 
pursuant to CAA section 188(e). For more information on the 2003 
approval of the South Coast PM10 plan, please see our 
proposed and final rulemaking notices. The proposal was issued on 
December 17, 2002 (67 FR 77212) and the final approval was issued on 
April 18, 2003 (68 FR 19316).
    On August 1, 2003, the SCAQMD adopted the 2003 South Coast Air 
Quality Management Plan (``2003 South Coast AQMP''), including the 
motor vehicle emissions budgets for the areas. CARB approved the plans 
on October 23, 2003, and submitted the plans to us on January 9, 2004. 
We proposed to approve the portions of the 2003 South Coast AQMP 
relating to attainment of the PM10 standards on July 28, 
2005 (see 70 FR 43663) and finalized our approval on November 14, 2005 
(see 70 FR 69081).

III. Procedural Requirements for Adoption and Submittal of SIP 
Revisions

    The SCAQMD adopted the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan on January 8, 2010 and 
forwarded it to CARB on January 15, 2010. CARB held a Board Hearing on 
March 25, 2010 to adopt the 2009 South Coast PM10 
Maintenance Plan. The plan was submitted to EPA on April 28, 2010.\4\
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    \4\ See letter, James N. Goldstene, Executive Officer, to Jared 
Blumenfeld, Regional Administrator, EPA Region 9, dated April 28, 
2010.
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    CARB's SIP submittal includes the following documents: (1) April 
28, 2010 letter to Jared Blumenfeld, Regional Administrator, U.S. EPA 
Region 9, from James N. Goldstene, Executive Officer, CARB transmitting 
the redesignation request and maintenance plan; (2) January 15, 2010 
transmittal letter to James N. Goldstene, Executive Officer, CARB, from 
Elaine Chang, DrPH, Deputy Executive Officer, SCAQMD; (3) October 17, 
2009 Proof of Publication of Public Notice for Public Hearing on 
``Final PM10 Redesignation Request and Maintenance Plan for 
the South Coast Air Basin (December 2009)'' and the January 8, 2010 
SCAQMD Board Hearing; (4) Transcripts of public hearings; (5) SCAQMD 
Board Resolution of Adoption 10-1 approving and adopting the 2009 South 
Coast PM10 Maintenance Plan; (6) CARB's February 17, 2010 
Notice of Public Hearing for consideration of the adoption and approval 
of the 2009 South Coast PM10 Maintenance Plan and associated 
motor vehicle emissions budgets on March 25, 2010; (7) Final 
PM10 Redesignation Request and Maintenance Plan for the 
South Coast Air Basin (December 2009); (8) CARB Board Resolution 10-21 
adopting the 2009 South Coast PM10 Maintenance Plan; and (9) 
motor vehicle emissions budgets adopted at the CARB Board hearing. All 
of these documents are available for review in the docket for today's 
proposed rule.
    Sections 110(a)(1) and 110(l) of the Act require States to provide 
reasonable notice and public hearing prior to adoption of SIP 
revisions. CARB's submittal of the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan documents the public review 
process followed by SCAQMD in adopting the plan prior to transmittal to 
CARB for subsequent submittal to EPA as a revision to the California 
SIP. The documentation provides evidence that reasonable notice of a 
public hearing was provided to the public and that a public hearing was 
conducted prior to adoption. Specifically, notices for public workshops 
on December 15, 16, 17, and 18, 2009 and the January 8, 2010 SCAQMD 
Governing Board hearing were published on October 17 and 21, 2009. The 
Draft Plan was also made available for viewing on the District's Web 
site and at the District office on and after October 21, 2009.
    Attachments 7 and 8 of the District's 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan submittal to 
CARB document the adoption of the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan by the SCAQMD Governing 
Board via Board Resolution 10-1. On January 8, 2010, the SCAQMD 
Governing Board approved the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan and directed SCAQMD staff to 
forward the plan to CARB, the Governor of California's designee for SIP 
matters. The motor vehicle emissions budgets contained in the 2009 
South Coast PM10 Redesignation Request and Maintenance Plan 
were withdrawn prior to the SCAQMD Board adoption.
    On February 17, 2010, the CARB Board noticed a public hearing for 
March 25, 2010 to consider and approve the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan and revised 
motor vehicle emissions budgets. On April 28, 2010, CARB submitted the 
2009 South Coast

[[Page 20871]]

PM10 Redesignation Request and Maintenance Plan and budgets 
plus accompanying documentation to EPA for approval as a revision to 
the California SIP.\5\
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    \5\ Ibid.
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    Both the SCAQMD and CARB satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption of the SIP revisions. The SCAQMD conducted numerous public 
workshops, and properly noticed the public hearing at which the plan 
was adopted. The SIP submittals include proof of publication for 
notices of the public hearings. Therefore, we conclude that the SIP 
submittals have met the public notice and involvement requirements of 
section 110(a)(1) of the CAA. Based on the documentation submitted with 
the plan, we find that the submittal of the South Coast PM10 
Maintenance Plan as a SIP revision satisfies the procedural 
requirements of section 110(l) of the Act for revising SIPs.
    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 we have not affirmatively determined to be 
complete or incomplete will become complete six months after the day of 
submittal by operation of law. A completeness review allows us to 
determine if the submittal includes all the necessary items and 
information we need to act on it.
    We make completeness determinations using criteria we have 
established in 40 CFR part 51, Appendix V. These criteria fall into two 
categories: Administrative information and technical support 
information. The administrative information provides documentation that 
the State has followed basic administrative procedures during the SIP-
adoption process and thus we have a legally-adopted SIP revision in 
front of us. The technical support information provides us the 
information we need to determine the impact of the proposed revision on 
attainment and maintenance of the air quality standards.
    We notify a state of our completeness determination by letter 
unless the submittal becomes complete by operation of law. A finding of 
completeness does not approve the submittal as part of the SIP nor does 
it indicate that the submittal is approvable. It does start a 12-month 
clock for EPA to act on the SIP submittal. See CAA section 110(k)(2). 
The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan became complete by operation of law on October 28, 
2010.

IV. Substantive Requirements for Redesignation

    The CAA establishes the requirements for redesignation of a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) 
allows for redesignation provided that the following criteria are met: 
(1) EPA determines that the area has attained the applicable NAAQS; (2) 
EPA has fully approved the applicable implementation plan for the area 
under section 110(k); (3) EPA determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP, applicable federal 
air pollution control regulations, and other permanent and enforceable 
reductions; (4) EPA has a fully-approvable maintenance plan for the 
area meeting the requirements of CAA section 175A; and (5) the State 
containing such area has met all requirements applicable to the area 
under section 110 and part D of the CAA.
    EPA provided guidance on redesignations in a document entitled, 
``State Implementation Plans; General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' published in the 
Federal Register on April 16, 1992 (57 FR 13498), and supplemented on 
April 28, 1992 (57 FR 18070) (referred to herein as the ``General 
Preamble''). Other relevant EPA guidance documents include: 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, EPA Office of Air Quality Planning and Standards, 
September 4, 1992 (referred to herein as the ``Calcagni memo''); 
``State Implementation Plans for Serious PM10 Nonattainment 
Areas, and Attainment Date Waivers for PM10 Nonattainment 
Areas Generally; Addendum to the General Preamble for the 
Implementation of title I of the Clean Air Act Amendments of 1990,'' 59 
FR 41998 (August 16, 1994) (PM10 Addendum); and ``Part D New 
Source Review (part D NSR) Requirements for Areas Requesting 
Redesignation to Attainment,'' Memorandum from Mary D. Nichols, 
Assistant Administrator for Air and Radiation, October 14, 1994 
(Nichols Memo).
    In this proposed rulemaking action, EPA applies these policies to 
the 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan, taking into consideration the specific factual issues 
presented. For the reasons set forth in section V of this document, we 
propose to approve CARB's request for redesignation of the South Coast 
PM10 nonattainment area to attainment for the 24-hour 
PM10 NAAQS based on our conclusion that all of the criteria 
under CAA section 107(d)(3)(E) have been satisfied.

V. Evaluation of the State's Redesignation Request for the South Coast 
PM10 Nonattainment Area

A. Determination That the Area Has Attained the PM10 NAAQS

    CAA section 107(d)(3)(E)(i) requires that we determine that the 
area has attained the NAAQS. Generally, EPA determines whether an 
area's air quality is meeting the 24-hour PM10 NAAQS based 
upon complete,\6\ quality-assured, and certified data gathered at 
established state and local air monitoring stations (SLAMS) in the 
nonattainment area, and entered into the EPA Air Quality System (AQS) 
database. Data from air monitors operated by state, local, or tribal 
agencies in compliance with EPA monitoring requirements must be 
submitted to AQS. These monitoring agencies certify annually that these 
data are accurate to the best of their knowledge. Accordingly, EPA 
relies primarily on data in AQS when determining the attainment status 
of an area. See 40 CFR 50.6; 40 CFR part 50, appendices J and K; 40 CFR 
part 53; and, 40 CFR part 58, appendices A, C, D, and E.\7\
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    \6\ For PM10, a complete set of data includes a 
minimum of 75 percent of the scheduled PM10 samples per 
quarter. See 40 CFR part 50, Appendix K, section 2.3(a).
    \7\ Because the annual PM10 standard was revoked 
effective December 18, 2006, this document discusses only attainment 
of the 24-hour PM10 standard. See 71 FR 61144; (October 
17, 2006).
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    In the South Coast PM10 nonattainment area, the agency 
responsible for assuring that the area meets air quality monitoring 
requirements is SCAQMD. Both CARB and SCAQMD submit annual monitoring 
network plans to EPA. SCAQMD network plans describe the monitoring 
network operated by SCAQMD in the South Coast nonattainment area. These 
plans discuss the status of the air monitoring network, as required 
under 40 CFR 58.10. SCAQMD operates 23 air quality monitoring stations 
for PM10 in the South Coast Air Basin. As required by 40 CFR 
part 58, the District conducts annual reviews of the air quality 
monitoring network that are forwarded to CARB and EPA for evaluation. 
Since 2007, EPA regularly reviews these

[[Page 20872]]

annual plans for compliance with the applicable reporting requirements 
in 40 CFR part 58. With respect to PM10, EPA has found that 
the area's network plans, submitted by SCAQMD, meet the applicable 
requirements of 40 CFR part 58. See EPA letters to SCAQMD approving 
their annual network plans for the years 2008, 2009, 2010, and 
2011.8 9 10 11
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    \8\ Letter from Sean Hogan, Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive 
Officer, SCAQMD, dated May 30, 2008.
    \9\ Letter from Joe Lapka, Acting Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive 
Officer, SCAQMD, dated November 12, 2009.
    \10\ Letter from Matthew Lakin, Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive 
Officer, SCAQMD, dated November 1, 2010.
    \11\ Letter from Matthew Lakin, Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Dr. Chung Liu, Deputy Executive 
Officer, SCAQMD, dated November 1, 2011.
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    EPA also concluded from its Technical System Audit of the CARB 
Primary Quality Assurance Organization (PQAO) (conducted during the 
spring of 2010), that the combined ambient air monitoring network 
operated by SCAQMD currently meets or exceeds the requirements for the 
minimum number of SLAMS for PM10 in the South Coast 
nonattainment area.\12\ SCAQMD annually certifies that the data it 
submits to AQS are complete and quality-assured.\13\
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    \12\ Technical System Audit Report, South Coast Air Quality 
Management District, April 13-April 16, 2010, Conducted by Air 
Quality Analysis Office and Quality Assurance Office, US EPA Region 
9, 75 Hawthorne Street, San Francisco, California 94105, March 2011.
    \13\ See, e.g., letter from Chung Liu, Deputy Executive Officer 
Science and Technology Advancement, South Coast Air Quality 
Management District, to Jared Blumenfeld, Regional Administrator, 
U.S. EPA Region IX, certifying calendar year 2011 ambient air 
quality data and quality assurance data, May 1, 2012, in the docket 
for today's action.
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    Complete, quality-assured data since 2007 show that the area has 
been attaining the standard beginning in 2008. Since comprehensive 
monitoring began for PM10 in the South Coast in the 1960s, 
the area has seen a significant decline in ambient levels. Table 1 
displays the PM10 data for the South Coast area for the 
years 2006-2012. All data except 2012 data have been certified by 
SCAQMD. Data for all sites exceed 75% annual completeness.\14\
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    \14\ See EPA, Air Quality System Design Value Reports dated 
December 18, 2012-January 2, 2013 for completeness information, as 
well as the TSD. The reports and TSD can be found in the docket for 
today's action.
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    24-hour PM10 levels in South Coast are below the 
standard with no or zero expected exceedances for the 2008-2011 period 
at all sites in the South Coast nonattainment area, the most recent 3-
year period of certified, quality-assured data.\15\ See EPA, Air 
Quality System, Design Value Report, January 2nd, 2013.
---------------------------------------------------------------------------

    \15\ See EPA, Air Quality System Design Value Reports dated 
December 18, 2012-January 2, 2013 in the docket for today's action. 
A design value is an ambient concentration calculated using a 
specific methodology from monitored air quality data and is used to 
compare an area's air quality to a NAAQS. The methodologies for 
calculating expected exceedances for the 24-hour PM10 
NAAQS are found in 40 CFR Part 50, Appendix K, Section 2.1(a).
---------------------------------------------------------------------------

    Therefore, EPA is determining that the South Coast PM10 
nonattainment area has attained the 1987 24-hour PM10 
standard and continues to attain the standard to date based on the most 
recent available AQS data. In addition, preliminary air quality data 
for the year 2012 indicates that the area is continuing to attain. EPA 
expects to have certified data for 2012 before finalizing any proposal 
and will include an analysis of any available preliminary data for 
2013.

                              Table 1--South Coast PM10 Air Quality Monitoring Data
----------------------------------------------------------------------------------------------------------------
                                                              Expected exceedances
             Site              ---------------------------------------------------------------------------------
                                   2006-2008        2007-2009        2008-2010       2009-2011     2010-2012 \a\
----------------------------------------------------------------------------------------------------------------
Azusa.........................              2                2                 0               0               0
Burbank.......................              0                0                 0               0               0
Glendora......................              0                0                 0               0               0
LAX Hastings..................              0                0                 0               0               0
Los Angeles--Main St..........              0                0                 0               0               0
North Long Beach..............              2                2                 0               0               0
Santa Clarita.................              2                2                 0               0               0
South Long Beach..............              0                0                 0               0               0
Anaheim.......................              2                2                 0               0               0
Mission Viejo.................              0                0                 0               0               0
Banning.......................              0                0                 0               0               0
Lake Elsinore.................              0                0                 0               0               0
Mira Loma (Van Buren).........              0                0                 0               0               0
Norco.........................              2                2                 0               0               0
Perris........................              9.7              9.7               0               0               0
Riverside (Magnolia)..........  ...............  ...............               0               0               0
Rubidoux......................              1                1                 0               0               0
Crestline.....................              0                0                 0               0               0
Fontana.......................              4.4              4.4               0               0               0
Ontario Fire Station..........              2                2                 0               0               0
Redlands......................              0                0                 0               0               0
San Bernardino................              2                2                 0               0               0
Upland........................            n/a                0                 0               0               0
----------------------------------------------------------------------------------------------------------------
\a\ 2012 data have not been certified.

[[Page 20873]]

B. The Area Has a Fully-Approved SIP Meeting Requirements Applicable 
for Purposes of Redesignation Under Section 110 and Part D

    Section 107(d)(3)(E)(ii) and (v) require EPA to determine that the 
area has a fully-approved SIP under section 110(k) that meets all 
applicable requirements under section 110 and part D for the purposes 
of redesignation.
    EPA may rely on prior SIP approvals in approving a redesignation 
request. Calcagni memo p. 3, Wall v. EPA F.3d 416 (6th Cir. 2001), 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-90 (6th Cir. 1998), as well as any additional measures it may 
approve in conjunction with a redesignation action. See 68 FR 25418, at 
25426 (May 12, 2003), and citations therein.
1. Basic SIP Requirements Under CAA Section 110
    The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to, the following: Submittal of 
a SIP that has been adopted by the State after reasonable public notice 
and hearing; provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality; implementation of a 
source permit program; provision for the implementation of part C 
requirements for prevention of significant deterioration (PSD) 
provisions; provisions for the implementation of part D requirements 
for nonattainment new source review (nonattainment NSR) permit 
programs; provisions for air pollution modeling; and provisions for 
public and local agency participation in planning and emission control 
rule development.
    We note that SIPs must be fully approved only with respect to 
applicable requirements for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). The section 110 (and part D) 
requirements that are linked to a particular nonattainment area's 
designation and classification are the relevant measures to evaluate in 
reviewing a redesignation request. Requirements that apply regardless 
of the designation of any particular area in the State are not 
applicable requirements for the purposes of redesignation, and the 
State will remain subject to these requirements after the South Coast 
PM10 nonattainment area is redesignated to attainment.
    For example, CAA section 110(a)(2)(D) requires that SIPs contain 
certain measures to prevent sources in a state from significantly 
contributing to air quality problems in another state, known as 
``transport SIPs.'' Because the section 110(a)(2)(D) requirements for 
transport SIPs are not linked to a particular nonattainment area's 
designation and classification but rather apply regardless of the 
attainment status, these are not applicable requirements for the 
purposes of redesignation under section 107(d)(3)(E).
    Similarly, EPA believes that other section 110 (and part D) 
requirements that are not linked to nonattainment plan submittals or to 
an area's attainment status are not applicable requirements for 
purposes of redesignation. EPA believes that the section 110 (and part 
D) requirements that relate to a particular nonattainment area's 
designation and classification are the relevant measures to evaluate in 
reviewing a redesignation request. This view is consistent with EPA's 
existing policy on applicability of the conformity SIP requirement for 
redesignations. See discussion in 75 FR 36023, 36026 (June 24, 2010).
    On numerous occasions over the past 35 years, CARB and the District 
have submitted and EPA has approved provisions addressing the basic CAA 
section 110 provisions. The South Coast portion of the approved 
California SIP contains enforceable emissions limitations; requires 
monitoring, compiling, and analyzing of ambient air quality data; 
requires preconstruction review of new or modified stationary sources; 
provides for adequate funding, staff, and associated resources 
necessary to implement its requirements; and provides the necessary 
assurances that the State maintains responsibility for ensuring that 
the CAA requirements are satisfied in the event that South Coast is 
unable to meet its CAA requirements. There are no outstanding or 
disapproved applicable section 110 SIP submittals with respect to the 
State and the SCAQMD.\16\ We propose to conclude that CARB and the 
SCAQMD have met all SIP requirements for the South Coast air basin 
applicable for purposes of redesignation for the PM10 NAAQS 
under section 110 of the CAA (General SIP Requirements).
---------------------------------------------------------------------------

    \16\ The applicable California SIP for all nonattainment areas 
can be found at: http://yosemite.epa.gov/r9/r9sips.nsf/Casips?readform&count=100&state=California.
---------------------------------------------------------------------------

2. SIP Requirements Under Part D
    Subparts 1 and 4 of part D, title 1 of the CAA contain air quality 
planning requirements for PM10 nonattainment areas. Subpart 
1 contains general requirements for all nonattainment areas of any 
pollutant, including PM10, governed by a NAAQS. The subpart 
1 requirements include, among other things, provisions for reasonable 
available control measures (RACM), reasonable further progress (RFP), 
emissions inventories, contingency measures, and conformity. Subpart 4 
contains specific planning and scheduling requirements for 
PM10 nonattainment areas. Section 189(a), (c), and (e) 
requirements apply specifically to moderate PM10 
nonattainment areas and include: (1) An approved permit program for 
construction of new and modified major stationary sources; (2) 
provisions for RACM; (3) an attainment demonstration; (4) quantitative 
milestones demonstrating RFP toward attainment by the applicable 
attainment date; and (5) provisions to ensure that the control 
requirements applicable to major stationary sources of PM10 
also apply to major stationary sources of PM10 precursors 
except where the Administrator has determined that such sources do not 
contribute significantly to PM10 levels that exceed the 
NAAQS in the area.
    With respect to the requirements associated with subpart 4, as 
discussed above, we have approved PM10 SIPs for the South 
Coast as meeting the requirements of CAA section 189(a)(1)(B) for an 
attainment demonstration, CAA sections 172(c) and 189(1)(C) for RACM, 
CAA section 189(c)(1) for an RFP demonstration, and contingency 
measures under 172(c)(9). We also approved the South Coast 1997 AQMP, 
1998 and 1999 Amendments, and 2002 revisions as meeting BACM 
requirements for serious PM10 nonattainment areas (see our 
proposed rule at 67 FR 77212 (December 17, 2002) and our final rule at 
68 FR 19316 (April 18, 2003)). The 2002 SIP also demonstrated that the 
plan included MSM pursuant to CAA 188(e). See 67 FR 77212, at 77216 
(December 17, 2002).
Permits for New and Modified Major Stationary Sources
    CAA sections 172(c)(5) and 189(a)(1)(A) require the State to submit 
SIP revisions that establish certain requirements for new or modified 
stationary sources in nonattainment areas, including provisions to 
ensure that major new sources or major modifications of existing 
sources of nonattainment pollutants incorporate the highest level of 
control, referred to as the Lowest Achievable Emission Rate (LAER), and 
that increases in emissions from such stationary sources are offset so 
as to provide for reasonable further progress towards attainment in the

[[Page 20874]]

nonattainment area. The process for reviewing permit applications and 
issuing permits for new or modified stationary sources in nonattainment 
areas is referred to as ``nonattainment New Source Review'' 
(nonattainment NSR).
    With respect to the part D requirements for a nonattainment NSR 
permit program for construction of new and modified major stationary 
sources, EPA has previously approved nonattainment NSR rules (SCAQMD 
Regulation XIII--New Source Review) for the SCAQMD, which cover the 
South Coast air basin. NSR for point sources of PM10 and 
PM10 precursors is addressed through the SCAQMD's NSR 
program (Regulation XIII). We approved the District's NSR program on 
December 4, 1996 (see 61 FR 64291), as well as two revisions at 64 FR 
13514 (March 19, 1999), and a final rule at 71 FR 35157 (June 19, 
2006)) as satisfying the NSR requirements in title I, part D of the 
CAA. Table 2 shows the adoption, submittal, and SIP approval status of 
the District's NSR rules.

             Table 2--Most Recent Adoption, Submittal, and SIP Approval Status of SCAQMD's NSR Rules
----------------------------------------------------------------------------------------------------------------
                                                       Submittal  to
                Rule                     Adoption           EPA       Approval  date   Federal Register citation
----------------------------------------------------------------------------------------------------------------
1301 General........................        12/07/95        08/28/96        12/04/96  61 FR 64291.
1302 Definitions....................        12/07/95        03/10/98        03/19/99  64 FR 13514.
1303 Requirements...................        05/10/96        08/28/96        12/04/96  61 FR 64291.
1304 Exemptions from Regulation XIII        06/14/96        08/28/96        12/04/96  61 FR 64291.
1305 Special Permit Provisions......        04/06/84        07/10/84        01/29/85  50 FR 3906.
1306 Emission Calculations..........        06/14/96        08/28/96        12/04/96  61 FR 64291.
1309 Emission Reduction Credits.....        12/07/95        08/28/96        12/04/96  61 FR 64291.
1309.1 Priority Reserve.............      05/03/2002      12/23/2002        06/19/06  71 FR 35157.
1310 Analysis, Notice, and Reporting        12/07/95        08/28/96        12/04/96  61 FR 64291.
1313 Permits to Operate.............        12/07/95        08/28/96        12/04/96  61 FR 64291.
1315 Federal New Source Review                2/4/11          3/2/11         5/25/12  77 FR 31200.
 Tracking System.
----------------------------------------------------------------------------------------------------------------

    Final approval of the NSR program, however, is not a prerequisite 
to finalizing our proposed approval of the State's redesignation 
request. EPA has determined in past redesignations that a NSR program 
does not have to be approved prior to redesignation, provided that the 
area demonstrates maintenance of the standard without part D NSR 
requirements in effect. The rationale for this position is described in 
a memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled ``Part D NSR Requirements 
for Areas Requesting Redesignation to Attainment.'' See the more 
detailed explanations in the following redesignation rulemakings: 
Detroit, MI (60 FR 12459, at 12467-12468, March 7, 1995); Cleveland-
Akron-Lorrain, OH (61 FR 20458, 20469-20470, May 7, 1996); Louisville, 
KY (66 FR 53665, 53669, October 23, 2001); Grand Rapids, MI (61 FR 
31831, 31836-31837, June 21, 1996); and San Joaquin Valley, CA (73 FR 
22307, 22313, April 25, 2008 and 73 FR 66759, 66766-7, November 12, 
2008).
    The requirements of the PSD program under Part C will apply to 
PM10 rather than Regulation XIII once the area has been 
redesignated. See SCAQMD Rule 1303(b). Thus, new major sources of 
PM10 emissions and major modifications at major sources of 
PM10 as defined under 40 CFR 52.21 will be required to 
obtain a PSD permit or include PM10 emissions in their 
existing PSD permit. SCAQMD is the PSD permitting authority in the 
South Coast air basin, and operates a delegated PSD program.\17\
---------------------------------------------------------------------------

    \17\ See U.S. EPA--South Coast Air Quality Management District 
Agreement for Partial Delegation of Authority to Issue and Modify 
Prevention of Significant Deterioration Permits Subject to 40 CFR 
52.21, dated July 25, 2007, in the docket for today's action.
---------------------------------------------------------------------------

    California has made clear to EPA that the maintenance demonstration 
in the redesignation request and maintenance plan for the South Coast 
PM10 nonattainment area does not rely on the continued 
implementation of nonattainment NSR (i.e., offsets to mitigate 
emissions growth) to demonstrate maintenance of the PM10 
standard.\18\
---------------------------------------------------------------------------

    \18\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer, 
South Coast Air Quality Management District, to Deborah Jordan, 
Director, Air Division, US Environmental Protection Agency, Region 
9, dated March 21, 2013 in the docket for today's action.
---------------------------------------------------------------------------

Control Requirements for PM10 Precursors
    Section 189(e) of the CAA requires that the control requirements 
applicable under the part D SIP for major stationary sources of 
PM10 also apply to major stationary sources of 
PM10 precursors, except where the Administrator determines 
that such sources do not contribute significantly to PM10 
levels that exceed the standard in the area. South Coast's 
PM10 Redesignation Request and Maintenance Plan indicates 
that NOX, VOCs and SOX are PM10 
precursors in the secondary formation of atmospheric aerosols, which 
are a significant component of PM10 concentrations in the 
South Coast area.\19\ To satisfy ozone and PM2.5 
nonattainment requirements in CAA section 182(b), SCAQMD has adopted 
and EPA has approved RACM for NOX, VOCs, SOX, and 
directly-emitted PM2.5, and Reasonably Available Control 
Technology (RACT) rules to reduce NOX and VOC emissions from 
existing sources.\20\ These rules also address the control requirements 
in CAA section 189(e) because they control NOX, VOC, 
SOX and PM2.5 emissions from major stationary 
sources. Major stationary sources of NOx and VOC are also controlled by 
Regulation XIII, which is the District's nonattainment NSR permitting 
program.
---------------------------------------------------------------------------

    \19\ The 2009 South Coast PM10 Maintenance Plan 
indicates that PM10 in the South Coast air basin consists 
of 56% PM2.5 and 44% PM10 (PM10 is 
dominated by fugitive dust.) See 2009 South Coast PM10 
Maintenance Plan, pages 5 and 17.
    \20\ See Final 2007 Air Quality Management Plan, South Coast Air 
Quality Management District, June 2007, especially Appendices IV-A 
through IV-C, and 76 FR 69928 (November 9, 2011) and 77 FR 12674 
(March 1, 2012).
---------------------------------------------------------------------------

Compliance With Section 110(a)(2)
    Section 172(c)(7) requires the SIP to meet applicable provisions of 
section 110(a)(2). As noted above, we conclude the California SIP meets 
the requirements of section 110(a)(2) applicable for purposes of this 
redesignation.
General and Transportation Conformity Requirements
    With respect to the conformity requirement, section 176(c) of the 
CAA

[[Page 20875]]

requires states to establish criteria and procedures to ensure that 
federally supported or funded projects ``conform'' to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs and projects 
developed, funded or approved under Title 23 U.S.C. and the Federal 
Transit Act (``transportation conformity''), as well as to other 
federally-supported or funded projects (``general conformity''). State 
conformity regulations must be consistent with federal conformity 
regulations that the CAA required EPA to promulgate relating to 
consultation, enforcement and enforceability.
    SCAQMD's general conformity regulation, Rule 1901, was submitted to 
EPA on November 30, 1994 and approved on April 23, 1999 (see 64 FR 
19916).
    SCAQMD's transportation conformity regulation, Rule 1902, and 
subsequent rule revisions were submitted to EPA on September 9, 1994, 
May 10, 1996, and August 14, 1998, but the SIP has not been approved. 
EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of a redesignation request 
under section 107(d) because state conformity rules are still required 
after redesignation, and federal conformity rules apply where state 
rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 
2001), upholding this interpretation. See also, 60 FR 62748 (December 
7, 1995).
    Thus, EPA proposes to determine that, if EPA finalizes today's 
proposal and finally approves the emissions inventory and motor vehicle 
emissions budgets for SCAQMD, the State has a fully-approved SIP 
meeting all requirements applicable under section 110 and part D for 
the South Coast nonattainment area for purposes of redesignation. CAA 
Section 107(d)(3)(E)(v).

C. EPA Has Determined That the Improvement in Air Quality Is Due to 
Permanent and Enforceable Reductions in Emissions

    Section 107(d)(3)(E)(iii) requires EPA to determine that the 
improvement in air quality is due to emission reductions that are 
permanent and enforceable resulting from the implementation of the 
applicable SIP and applicable federal air pollution control regulations 
and other permanent and enforceable regulations in order to approve a 
redesignation to attainment. Under this criterion, the State must be 
able to reasonably attribute the improvement in air quality to 
emissions reductions that are permanent and enforceable. Attainment 
resulting from temporary reductions in emissions rates (e.g., reduced 
production or shutdown) or unusually favorable meteorology would not 
qualify as an air quality improvement due to permanent and enforceable 
emission reductions. Calcagni memorandum, p. 4.
    EPA may rely on prior SIP approvals in approving a redesignation 
request. Calcagni memo, p. 3, Wall v. EPA F.3d 416 (6th Cir. 2001), 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-90 (6th Cir. 1998), as well as any additional measures it may 
approve in conjunction with a redesignation action. See 68 FR 25418, at 
25426 (May 12, 2003), and citations therein.
    The SCAQMD has jurisdiction over air quality planning requirements 
for the South Coast air basin. The SCAQMD has adopted numerous plans, 
rules, and revisions for the South Coast air basin in order to reduce 
PM10 and PM10 precursor emissions. The 2009 South 
Coast PM10 Redesignation Request and Maintenance Plan 
includes a list of control measures adopted and implemented by SCAQMD 
and approved into the SIP by EPA as reducing emissions to attain the 
24-hour PM10 NAAQS.
    Over the years, the SCAQMD has adopted and the State has submitted 
PM10 attainment plans and regulations for the South Coast 
PM10 nonattainment area. In 2003, we fully approved the 
PM10 attainment plan for the South Coast as meeting all CAA 
requirements for serious PM10 nonattainment areas, and as 
part of that action we also granted an attainment date extension for 
the area for both the 24-hour and annual PM10 NAAQS, from 
December 31, 2001 to December 31, 2006, pursuant to CAA section 188(e). 
For more information on the 2003 approval of the South Coast 
PM10 attainment plan, please see our proposed and final 
rulemaking notices. The proposal was published on December 17, 2002 (67 
FR 77212) and the final approval was published on April 18, 2003 (68 FR 
19316). Thus, the South Coast has a fully-approved PM10 SIP 
with respect to RACM, BACM, MSM, and other serious PM10 area 
planning requirements.
    On August 1, 2003, the SCAQMD adopted the 2003 South Coast Air 
Quality Management Plan (``2003 South Coast AQMP''), including new 
motor vehicle emissions budgets for the area. CARB approved the plan on 
October 23, 2003, and submitted the plan to us on January 9, 2004. We 
approved the portions of this plan that addressed attainment of the 
PM10 standards in the South Coast on November 14, 2005. (See 
70 FR 69081)
    We have previously approved SCAQMD regulations for the control of 
directly-emitted PM10. See for example, our most recent 
approvals of revisions to SCAQMD Rules 403 and 1186 on March 10, 2008 
(73 FR 12639), following SCAQMD adoption of amendments strengthening 
these rules.
    The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan also provides a summary of the District rules and 
regulations that apply to sources of PM10 and 
PM10 precursors within the South Coast air basin. 2009 South 
Coast PM10 Redesignation Request and Maintenance Plan, page 
16. While the focus of attaining and maintaining the PM10 
standard in the South Coast PM10 nonattainment area has been 
on controls for fugitive dust, measures that control PM10 
precursors, most of which have been SIP-approved, also benefit air 
quality.\21\ Those measures that EPA has already approved into the 
South Coast SIP contribute to attainment and maintenance of the 
PM10 NAAQS. We list these measures in Table 3.
---------------------------------------------------------------------------

    \21\ While there are eight measures listed on page 16 of the 
2009 South Coast PM10 Redesignation Request and 
Maintenance Plan, including rules to control fugitive dust and 
controlled burning, additional rules are listed in Table 3 which may 
help address the PM10 problem in the South Coast. We have 
approved all but one of these rules into the SIP, and the remaining 
rule, South Coast Rule 1127, was proposed for approval into the SIP 
on January 23, 2013. The comment period ended and no comments were 
received. A final approval of Rule 1127 is expected prior to our 
final action on the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan. (See 78 FR 7703, February 4, 2012).

[[Page 20876]]

    Table 3--Most Recent EPA Approval Status of South Coast Rules for Attainment and Maintenance of the PM10
                                                    Standard
----------------------------------------------------------------------------------------------------------------
     Rule No.            Rule name        Adoption date  Submittal date      FR date             FR cite
----------------------------------------------------------------------------------------------------------------
403..............  Fugitive Dust.......        06/03/05        10/05/05        03/10/08  73 FR 12639.
444..............  Open Burning........        12/21/01        01/22/02        04/08/02  67 FR 16644.
445..............  Wood Burning Devices        03/07/08        07/18/08        06/11/09  74 FR 27716.
1105.1...........  Reduction of PM10           11/07/03        06/03/04        01/04/06  71 FR 241.
                    and Ammonia
                    Emissions from
                    Fluid Catalytic
                    Cracking Units.
1118.............  Control of Emissions        11/04/05        10/05/06        08/28/07  72 FR 49196.
                    from Refinery
                    Flares.
1127.............  Livestock Waste.....        08/06/04        10/05/06        Proposal  78 FR 7703.
                                                                            February 4,
                                                                                   2013
1133.2...........  Emission Reductions         01/10/03        06/05/03        07/21/04  69 FR 43518.
                    from Co-Composting
                    Operations.
1156.............  Further Reductions          03/06/09        04/29/09          9/4/12  77 FR 53773.
                    of Particulate
                    Emissions from
                    Cement
                    Manufacturing
                    Facilities.
1157.............  PM10 Emission               09/08/06        05/15/10        03/07/12  77 FR 13495.
                    Reductions from
                    Aggregate and
                    Related Operations.
1158.............  Storage, Handling,           7/11/08        12/23/08        11/10/09  74 FR 57907.
                    and Transport of
                    Coke, Coal and
                    Sulfur.
1186.............  PM10 Emissions from         07/11/08        12/23/08        03/07/12  77 FR 13495.
                    Paved and Unpaved
                    Roads, and
                    Livestock
                    Operations.
----------------------------------------------------------------------------------------------------------------

    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. 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 off-road vehicles and engines. 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. These measures have helped reduce primary 
PM10 and PM10 precursors in the South Coast 
PM10 nonattainment area and throughout the State.
    CARB's 2007 State Strategy and 2009 and 2011 updates to the State 
Strategy provide a recent summary of the measures adopted and 
implemented by the State.\22\ From 1994 to 2006, the State promulgated 
more than thirty-five rules that have achieved significant emission 
reductions contributing to attainment and continued attainment in the 
South Coast PM10 nonattainment area. See 2007 State 
Strategy, p. 38.\23\ These measures include new emission standards and 
in-use requirements that have resulted in significant reductions in 
emissions of PM10 and PM10 precursors (i.e., 
NOX, SOX and VOCs) from categories such as 
passenger cars, trucks, buses, motorcycles, locomotives, cargo handling 
equipment, marine vessels and large off-road equipment. EPA has 
generally approved all of the State's measures that are not subject to 
the CAA section 209 waiver process into the SIP. See EPA's final 
approval of the South Coast PM2.5 plan at 76 FR 69928 
(November 9, 2011) and accompanying Technical Support Document 
(TSD).\24\
---------------------------------------------------------------------------

    \22\ See ``Air Resources Board's Proposed State Strategy for 
California's 2007 State Implementation Plan,'' release date: April 
26, 2007 (2007 State Strategy).
    \23\ The 2007 Proposed State Strategy can be found at: http://arb.ca.gov/planning/sip/2007sip/apr07draft/sipback.pdf. Page 38 of 
the Proposed State Strategy lists forty-five actions the State would 
undertake. CARB revised and updated the State Strategy in 2009 and 
2011; see http://www.arb.ca.gov/planning/sip/2007sip/2007sip.htm.
    \24\ Final Technical Support Document and Responses to Comments, 
Final Rulemaking Action on the South Coast 2007 AQMP for 
PM2.5 and the South Coast portions of the Revised 2007 
State Strategy, September 30, 2011. This document can be found at: 
http://www.regulations.gov/#!documentDetail;D=EPA-R09-OAR-2009-0366-
0136, and in the docket for today's action.
---------------------------------------------------------------------------

    Finally, in addition to the local district and State rules 
discussed above, the South Coast PM10 nonattainment area has 
also benefited from emission reductions from federal measures. These 
federal measures include EPA's national emissions standards for heavy-
duty diesel trucks (66 FR 5001 (January 18, 2001)), certain emissions 
standards for new construction and farm equipment (Tier 2 and 3 non-
road engines standards, 63 FR 56968 (October 23, 1998) and Tier 4 
diesel non-road engine standards, 69 FR 38958 (June 29, 2004)), and 
locomotive engine standards (63 FR 18978 (April 16, 1998) and 73 FR 
37096 (June 30, 2008)).
    The on-road and off-road vehicle and engine standards cited above 
have contributed to improved air quality through the gradual, continued 
turnover and replacement of older vehicle models with newer models 
manufactured to meet increasingly stringent emissions standards.
    Thus, EPA is proposing to find that the improvement in 
PM10 air quality for the South Coast air basin is the result 
of permanent and enforceable reductions in emissions from significant 
sources of PM10 and PM10 precursors in the basin, 
and that attainment of the PM10 standard will be maintained 
based on the continued implementation of these measures. EPA is 
proposing to find that the improvement in air quality is not the result 
of temporary reductions (e.g., economic downturns or shutdowns) or 
unusually favorable meteorology, but that the improvement in air 
quality in the South Coast PM10 nonattainment area is due to 
permanent and enforceable emissions reductions under 107(d)(3)(E)(iii).

D. The Area Must Have a Fully-Approved Maintenance Plan Under CAA 
Section 175A

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
We interpret this section of the Act to require, in general, the 
following core elements: Attainment inventory, maintenance 
demonstration plus a commitment to submit a second maintenance plan 
eight years after redesignation, monitoring network, verification of 
continued attainment, and contingency plan. See Calcagni memo, pages 8 
through 13.
    Under CAA section 175A, a maintenance plan must demonstrate 
continued attainment of the applicable NAAQS for at least ten years 
after EPA approves a redesignation to attainment. Eight years after 
redesignation, the State must submit a revised maintenance plan that 
demonstrates continued attainment for the subsequent ten-year period

[[Page 20877]]

following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain such contingency provisions that EPA deems necessary to 
promptly correct any violation of the NAAQS that occurs after 
redesignation of the area. Based on our review and evaluation, as 
detailed below, we are proposing to approve the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan because it 
meets the requirements of CAA section 175A.
1. Attainment Inventory
    Section 172(c)(3) of the CAA requires plan submittals to include a 
comprehensive, accurate, and current inventory of emissions from all 
sources in the nonattainment area. In demonstrating maintenance in 
accordance with CAA section 175A and the Calcagni memo, the State 
should provide an attainment emissions inventory to identify the level 
of emissions in the area sufficient to attain the NAAQS. Where the 
State has made an adequate demonstration that air quality has improved 
as a result of the SIP, the attainment inventory will generally be an 
inventory of actual emissions at the time the area attained the 
standard. EPA's primary guidance in evaluating these inventories is the 
document entitled, ``PM10 Emissions Inventory 
Requirements,'' EPA, Office of Air Quality Planning and Standards, EPA-
454/R-94-033 (September 1994) which can be found at: http://www.epa.gov/ttn/chief/eidocs/pm10eir.pdf.
    A maintenance plan for the 24-hour PM10 standard must 
include an inventory of emissions of PM10 and its precursors 
(typically NOX, VOCs and SOX) in the area to 
identify a level of emissions sufficient to attain the 24-hour 
PM10 NAAQS. This inventory must be consistent with EPA's 
most recent guidance on emissions inventories for nonattainment areas 
available at the time and should represent emissions during the time 
period associated with the monitoring data showing attainment. The 
inventory must also be comprehensive, including emissions from 
stationary point sources, area sources, and mobile sources.
    The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan provides an estimated daily PM10 emissions 
inventory for 2002 through 2030. The year 2010 provides an appropriate 
attainment year inventory because it is one of the years in the most 
recent three-year periods (2008-2010, 2009-2011, and 2010-2012) in 
which attainment of the PM10 NAAQS was monitored. Table 4 
presents the PM10 emissions inventories for 2002 through 
2030 provided in the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan.

                                Table 4--South Coast Annual Average PM10 Emissions for 2002 Through 2030 for PM10 Sources
                                                                     [Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Category                          2002      2006      2008      2010      2011      2012      2014      2020      2023      2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stationary--Point sources...........................      21.1      20.1      17.1      17.3      17.4      17.6      17.9      18.9      19.5      20.9
Construction and Demolition.........................      39.9      46.9      49.8      52.9      54.3      55.8      58.7      66.0      69.7      78.9
Entrained Road Dust/Paved...........................     125.4     123.5     122.3     123.4     124.0     124.5     125.8     129.3     131.1     135.2
Entrained Road Dust/Unpaved.........................      13.6      11.5      10.3      10.3      10.3      10.3      10.3      10.2      10.2      10.2
Farming Operations..................................       0.8       0.7       0.6       0.6       0.6       0.6       0.5       0.4       0.4       0.3
Fugitive Windblown Dust.............................       2.8       2.4       2.3       2.2       2.2       2.1       2.0       1.8       1.7       1.6
Other Area Sources..................................      23.3      28.8      29.4      30.0      30.3      30.6      31.2      32.6      33.3      35.0
On-road Mobile Sources..............................      24.8      26.5      24.9      24.3      24.3      24.2      24.0      23.6      23.6      24.7
Off-road Mobile Sources.............................      23.1      22.5      20.7      19.9      19.6      19.2      18.4      17.4      18.1      22.7
                                                     ---------------------------------------------------------------------------------------------------
    Total PM10......................................     274.7     282.8     277.5     280.9     283.0     284.8     288.7     300.3     307.7     329.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 22.

    The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan's inventory for sources within the South Coast air 
basin is subdivided into three subcategories: stationary sources, area 
sources, and mobile sources. Direct PM10 emissions in the 
South Coast are dominated by reentrained road dust from paved and 
unpaved roads, construction and demolition, and on-and off-road mobile 
sources. The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan estimates emissions for unpaved and paved roads at 
133.7 tons per day (47.6% of total emissions) in 2010.
    Within the South Coast air basin, in addition to being directly 
emitted into the atmosphere (e.g., primary particles), PM10 
emissions can be formed through atmospheric chemical reactions from 
precursor gases (e.g., secondary particles). Secondary particles, such 
as sulfates, nitrates, and complex carbon compounds, are formed from 
reactions with oxides of sulfur, oxides of nitrogen, VOCs and ammonia. 
The District includes emissions inventories in the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan for 
precursors of PM10 (NOX, SOX, and 
VOCs). The District estimates that 56% of the average peak 
PM10 mass is attributable to PM2.5 and 44% to 
coarse PM (fugitive dust or PM10). See 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan, p. 5. Table 
5 presents the emissions inventories for PM10, 
PM2.5 and PM10 precursors (NOX, VOC 
and SOX) for the same years as were presented in Table 4.

[[Page 20878]]

                  Table 5--South Coast Annual Average PM10 and PM10 Precursor Baseline Emissions for 2002 Through 2030 for PM10 Sources
                                                                     [Tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Category                          2002      2006      2008      2010      2011      2012      2014      2020      2023      2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
PM10................................................     274.7     282.8     277.5     280.9     283.0     284.8     288.7     300.3     307.8     329.6
PM2.5...............................................      99.1     104.2     101.5     101.4     101.5     101.6     101.6     103.2     105.2     113.6
NOX.................................................    1093.2     970.7     853.7     774.7     742.9     711.6     653.6     525.2     506.4     511.8
VOC.................................................     844.2     695.9     608.0     572.4     559.4     547.9     527.7     498.5     496.0     508.4
SOX.................................................      53.3      54.8      40.9      39.2      40.1      40.7      42.8      51.4      55.1      71.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan, page 21.

    SCAQMD projects that overall, direct PM10 emissions will 
grow from 2008 to 2030 because of growth in the construction/demolition 
source categories, offsetting emissions reductions from other sources. 
The District's modeling simulations indicate that despite the growth, 
the South Coast nonattainment area will continue to attain the federal 
24-hour PM10 standard because of the significant improvement 
from the decreases in NOx and VOC emissions leading to a net 
improvement in PM10 air quality over the 2002 to 2030 
timeframe.
    In conclusion, EPA believes that the selection of 2010 as the 
attainment year inventory is appropriate since the area was determined 
to have attained by the 2008-2010 period. Based on our review of the 
2009 South Coast PM10 Redesignation Request and Maintenance 
Plan, we propose to find that the emissions inventories for 2010 in the 
2009 South Coast PM10 Redesignation Request and Maintenance 
Plan are comprehensive, current, and accurate in that they include 
estimates of PM10 and its precursors from all of the 
relevant source categories, which the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan divides among stationary, 
area wide, and mobile sources. Therefore, we are proposing to approve 
the 2010 inventory, which serves as the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan's attainment 
year inventory, as satisfying the requirements of section 172(c)(3) of 
the CAA for the purposes of redesignation of the South Coast 
PM10 nonattainment area to attainment of the 24-hour 
PM10 NAAQS.
2. Maintenance Demonstration
    Section 175A(a) of the CAA requires a demonstration of maintenance 
of the NAAQS for at least 10 years after redesignation. Generally, a 
State may demonstrate maintenance of the NAAQS by either showing that 
future emissions of a pollutant or its precursors will not exceed the 
level of the attainment inventory, or by modeling to show that the 
future anticipated mix of sources and emission rates will not cause a 
violation of the NAAQS. For areas that are required under the Act to 
submit modeled attainment demonstrations, the maintenance demonstration 
should use the same type of modeling. Calcagni memorandum, page 9.
    For the 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan, the State chose the second option and demonstrated 
maintenance of the 24-hour PM10 NAAQS by modeling to show 
that the future anticipated mix of sources and emission rates will not 
cause a violation of the NAAQS in the South Coast Basin as discussed 
below.
    Future PM10 levels in the South Coast PM10 
nonattainment area were modeled in a two-part analysis, using separate 
methods for the fine fraction (PM2.5) and the coarse 
fraction (PM2.5 to PM10) of PM10. For 
the fine fraction of PM10, the modeling demonstration was 
based on site-specific relative reduction factors that were generated 
from the regional modeling analysis for PM2.5, which 
accounted for the chemical formation of secondary particulate 
matter.\25\ The future levels of the ``coarse'' fraction 
(PM2.5-10) of the PM10 mass were projected by 
emissions-based rollback. The projected total PM10 mass was 
estimated by adding the fine fraction of the modeling results to the 
coarse fraction of the modeling results.
---------------------------------------------------------------------------

    \25\ See TSD section II-D.
---------------------------------------------------------------------------

    The reduction in particulate matter precursor emissions results in 
a reduction in the levels of PM10, demonstrating maintenance 
of the PM10 NAAQS for the South Coast Air Basin for at least 
ten years after redesignation.\26\ The modeled PM10 levels 
are below the 24-hour PM10 NAAQS level of 150 [micro]g/m\3\ 
for each of the modeled years of 2010, 2011, 2012, 2014, 2020, 2023, 
and 2030 throughout the South Coast Air Basin.\27\ The emissions 
projections for the PM10 precursors NOX and VOC 
in the South Coast Air Basin have decreased significantly since 2002 
and are expected to continue to decrease until 2023, and then increase 
slightly in 2030. Although primary PM10 emissions and 
emissions of SOX are projected to increase during this time 
period, the significant improvement from the decreases in 
NOX and VOC emissions lead to a net improvement in 
PM10 air quality over the 2002 to 2030 timeframe.
---------------------------------------------------------------------------

    \26\ 24-hour average PM10 values were projected for 
the years 2010, 2011, 2012, 2014, 2020, 2023, and 2030. 2009 South 
Coast PM10 Redesignation Request and Maintenance Plan, p. 
69.
    \27\ The maximum projected 24-hour PM10 level for any 
modeled year is 141 [mu]g/m\3\ in 2030 in San Bernardino County.
---------------------------------------------------------------------------

    EPA proposes to find that the forecasted decreases in 
PM10 levels, based on the decrease in particulate matter 
precursor emissions, are consistent with the control measures 
(discussed above) that are being implemented. Based on our review of 
the information presented in the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan, we propose to find that the 
State has shown that attainment of the PM10 standard will be 
maintained in the South Coast Air Basin for at least ten years after 
redesignation.
3. Verification of Continued Attainment
    In demonstrating maintenance, continued attainment of the NAAQS can 
be verified through operation of an appropriate air quality monitoring 
network. The Calcagni memo states that the maintenance plan should 
contain provisions for continued operation of air quality monitors that 
will provide such verification. Calcagni memo, p. 11.
    The SCAQMD has committed to continue to operate an appropriate air 
quality monitoring network in accordance with 40 CFR part 58, to 
continue daily monitoring of PM10 at the existing monitoring 
site reporting the highest PM10 concentration, to verify the 
ongoing attainment status of the area. 2009 South Coast PM10 
Redesignation Request and Maintenance Plan, Chapter 3, page 26. The 
SCAQMD monitoring

[[Page 20879]]

network for PM10 is part of an EPA-approved air quality 
monitoring network.\28\
---------------------------------------------------------------------------

    \28\ See footnotes 7-10.
---------------------------------------------------------------------------

4. Contingency Provisions
    Contingency provisions are required for maintenance plans under 
section 175A of the CAA to promptly correct any violations of the NAAQS 
that occur after redesignation of the area. Such provisions must 
include a requirement that the State will implement all measures with 
respect to the control of the air pollutant concerned that were 
contained in the SIP for the area before redesignation of the area as 
an attainment area. These contingency provisions are distinguished from 
those generally required for nonattainment areas under section 
172(c)(9) in that they are not required to be fully-adopted measures 
that will take effect without further action by the state in order for 
the maintenance plan to be approved. However, the contingency plan is 
considered to be an enforceable part of the SIP and should ensure that 
the contingency measures are adopted expeditiously once they are 
triggered by a specified event.
    The Calcagni memo states that the contingency provisions of the 
maintenance plan should identify the measures to be adopted, a schedule 
and procedure for adoption and implementation, and a time limit for 
action by the State. The memo also states that the contingency 
provisions should identify indicators or triggers which will be used to 
determine when the contingency measures need to be implemented. While 
the memo suggests inventory or monitoring indicators, it states that 
contingency provisions will be evaluated on a case-by-case basis.
    EPA has long approved contingency provisions that rely on 
reductions from measures that are already in place but are over and 
above those relied on for attainment and RFP under CAA section 
172(c)(9). See, e.g., 62 FR 15844 (April 3, 1997); 62 FR 66279 
(December 18, 1997); 66 FR 30811 (June 8, 2001); 66 FR 586 and 66 FR 
634 (January 3, 2001). This interpretation has been upheld in LEAN v. 
EPA, 382 F.3d 575 (5th Cir. 2004), where the court set forth its 
reasoning for accepting excess reductions from already adopted measures 
as contingency measures.
    Our interpretation that excess emission reductions can 
appropriately serve as section 172(c)(9) contingency measures is 
equally applicable to section 175A(d) contingency measures. EPA has 
approved maintenance plans under section 175A that included contingency 
provisions relying on measures to be implemented prior to any post-
redesignation NAAQS violation. See 60 FR 27028, 27029 (May 22, 1995); 
73 FR 66759, 66,769 (November 12, 2008).
    As required by section 175A of the CAA, SCAQMD has adopted a 
contingency plan to address possible future PM10 air quality 
problems. The contingency provisions in the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan are 
contained in Section 3.4 on pages 27-29 of the plan and were clarified 
in a subsequent letter from the District.\29\ The District clarified in 
the letter to EPA that the trigger to implement contingency provisions 
is a violation of the PM10 NAAQS (greater than or equal to 
155 ug/m\3\), and that the timeframe for triggering and implementing 
maintenance plan contingency provisions would not exceed 24 months.\30\ 
Should a monitored violation of the PM10 standard occur, not 
caused by an exceptional event, the District commits to first determine 
if there are available emissions reductions from adopted rules that 
were not relied upon for PM10 maintenance that could serve 
as contingency measures. If no additional reductions are available, 
then the District commits to identify, adopt, and implement new rules 
or amend, adopt, and implement existing rules (such as South Coast 
Rules 403, 444, 445, 1157, 1158, and 1186) as contingency measures to 
achieve emissions reductions within 24 months of the determination that 
a violation of the PM10 standard has occurred.
---------------------------------------------------------------------------

    \29\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer, 
South Coast Air Quality Management District, to Deborah Jordan, 
Director, Air Division, US Environmental Protection Agency, Region 
9, dated March 21, 2013 in the docket for today's action.
    \30\ See Letter, Elaine Chang, DrPH, Deputy Executive Officer, 
South Coast Air Quality Management District, to Deborah Jordan, 
Director, Air Division, US Environmental Protection Agency, Region 
9, dated March 21, 2013 in the docket for today's action. The 
District also clarified that the 24-month timeframe does not apply 
to exceptional events for which the District has submitted 
exceptional events documentation to EPA for approval.
---------------------------------------------------------------------------

    Finally, the District is not proposing to remove or cease 
implementing any existing SIP-approved measures. Thus, for the reasons 
set forth above, EPA is proposing to find that the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan is 
consistent with the maintenance plan contingency provision requirements 
of the CAA and EPA guidance.
5. Commitment To Submit Subsequent Maintenance Plan Revision
    Eight years after redesignation, the State must submit a revised 
maintenance plan that demonstrates continued attainment for the 
subsequent ten-year period following the initial ten-year maintenance 
period. The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan contains a commitment in Section 3.5 on page 29 to 
submit a second maintenance plan eight years after redesignation to 
show maintenance for at least the next ten year period.
    In light of the discussion set forth above, EPA is proposing to 
approve the 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan for the South Coast air basin as meeting the 
requirements of CAA section 175A.

E. Transportation Conformity and Motor Vehicle Emissions Budgets

    Under section 176(c) of the CAA, transportation plans, programs and 
projects in the nonattainment or maintenance areas that are funded or 
approved under title 23 U.S.C. and the Federal Transit Laws (49 U.S.C. 
chapter 53) must conform to the applicable SIP. In short, a 
transportation plan and program are deemed to conform to the applicable 
SIP if the emissions resulting from the implementation of that 
transportation plan and program are less than or equal to the motor 
vehicle emissions budgets (budgets) established in the SIP for the 
attainment year, maintenance year and other years. See, generally, 40 
CFR part 93 for the federal conformity regulations and 40 CFR 93.118 
specifically for how budgets are used in conformity.
    The budgets serve as a ceiling on emissions that would result from 
an area's planned transportation system. The budget concept is further 
explained in the preamble to the November 24, 1993, transportation 
conformity rule (58 FR 62188). The preamble describes how to establish 
budgets in the SIP and how to revise the budgets if needed.
    Maintenance plan submittals must specify the maximum emissions of 
transportation-related PM10 and PM10 precursor 
emissions allowed in the last year of the maintenance period, i.e., the 
budgets. Budgets may also be specified for additional years during the 
maintenance period. The submittal must also demonstrate that these 
emissions levels, when considered with emissions from all other 
sources, are consistent with maintenance of the NAAQS. In order for EPA 
to find these emissions levels or budgets adequate and approvable, the 
submittal must meet the

[[Page 20880]]

conformity adequacy provisions of 40 CFR 93.118(e)(4) and (5).
    EPA's process for determining adequacy of a budget consists of 
three basic steps: (1) Notifying the public of a SIP submittal; (2) 
providing the public the opportunity to comment on the budget during a 
public comment period; and, (3) making a finding of adequacy or 
inadequacy. The process for determining the adequacy of a submitted 
budget is codified at 40 CFR 93.118(f).
    EPA can notify the public by either posting an announcement that 
EPA has received SIP budgets on EPA's adequacy Web site (40 CFR 
93.118(f)(1)), or via a Federal Register notice of proposed rulemaking 
when EPA reviews the adequacy of an implementation plan budget 
simultaneously with its review and action on the SIP itself (40 CFR 
93.118(f)(2)).\31\ Today we are notifying the public that EPA will be 
reviewing the adequacy of the budgets in the submitted maintenance 
plan. The public has a 30-day comment period (see DATES section of this 
notice). After this comment period, EPA will indicate whether the 
budgets are adequate via the final rulemaking or on the adequacy Web 
site, according to 40 CFR 93.118(f)(2)(iii).
---------------------------------------------------------------------------

    \31\ The availability of the SIP submittal with budgets can be 
announced for public comment on EPA's adequacy Web site at http://www.epa.gov/otaq/stateresources/transconf/reg9sips.htm#ca which 
provides a 30-day public comment period. The public can then comment 
directly on this Web site.
---------------------------------------------------------------------------

    The 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan submitted by CARB contains new PM10, 
reactive organic gases (ROG) \32\ and NOX budgets for the 
South Coast PM10 nonattainment area for 2010, 2020, and 
2030. The PM10, ROG, and NOX budgets for the 
South Coast PM10 nonattainment area are summarized in Table 
6. Our adequacy review is detailed in the TSD accompanying today's 
Federal Register notice. Therefore, the public comment period for the 
adequacy finding will be concurrent with the public comment period for 
our proposed action on the 2009 South Coast PM10 Maintenance 
Plan and Redesignation Request.
---------------------------------------------------------------------------

    \32\ The State of California uses the term reactive organic 
gases (ROG) where EPA uses the term volatile organic compounds 
(VOC). We use the terms interchangeably here.

 Table 6--Summary of Motor Vehicle Emissions Budgets in the South Coast
             PM10 Redesignation Request and Maintenance Plan
------------------------------------------------------------------------
                                                   Emissions in tons per
                                                            day
                Budget Year[rarr]                -----------------------
                                                   2010    2020    2030
------------------------------------------------------------------------
ROG.............................................     182     110      81
NOX.............................................     372     180     116
PM10............................................     159     164     175
------------------------------------------------------------------------
Source: 2009 South Coast PM10 Redesignation Request and Maintenance Plan
  submittal, CARB Staff Report, Analysis of the South Coast Air Basin
  PM10 Redesignation Request, Maintenance Plan, and Conformity Budgets,
  Table 4, page 10.

    In Chapter 3 of the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan, a PM10 modeling sensitivity 
analysis was conducted for the years 2010 through 2030 to evaluate the 
impact of adding 20 tpd of directly emitted PM10 to the 
Basin inventory. The results of this sensitivity analysis indicated 
that the additional 20 tpd of directly-emitted PM10 
emissions would not cause regional 24-hour PM10 
concentrations to exceed 150 [mu]g/m\3\. The analysis predicted that 
the maximum 24-hour average PM10 concentration could 
potentially reach 141 [mu]g/m\3\ (94 percent of the standard) if the 20 
tpd of directly-emitted PM10 were added to the baseline 
inventory. Thus the South Coast PM10 modeling indicated a 20 
tpd safety margin that can be added to the baseline inventory without 
causing ambient concentrations to exceed 150 ug/m\3\ during the 2010 to 
2030 period.\33\
---------------------------------------------------------------------------

    \33\ See 2009 South Coast PM10 Redesignation Request 
and Maintenance plan, p. 25.
---------------------------------------------------------------------------

    After consultation with the District and the metropolitan planning 
organization for the region, the Southern California Association of 
Governments (SCAG), 5 tpd of directly-emitted PM10 were 
added to the conformity budget for 2030. In addition, the 2030 ROG 
budget was increased by 3 tpd, which is equivalent to 1 ton of 
PM10 based on established modeling ratios. Therefore, total 
additions for the 2030 budget are the equivalent of 6 tpd of 
PM10. The additional 6 tpd of PM10 represents 
only 30 percent of the 20 tpd PM10 safety margin identified 
in the 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan. The 6 tpd of PM10 allows for anticipated 
growth while setting an emissions budget that ensures continued 
maintenance of the standard. The ROG budgets for 2010 and 2020 were 
also increased by 7 tpd and 4 tpd, respectively. Based on established 
modeling ratios, these levels are also equivalent to 1 tpd of 
PM10 emissions in each of these years.
    EPA released an update to Compilation of Air Pollutant Emission 
Factors (AP-42) in January of 2011, which revised the equation for 
estimating paved road dust emissions based on an updated regression 
that included new emission tests results.\34\ SCAQMD staff conducted an 
additional technical analysis of their paved road emission projections 
using the updated AP-42 equation and the latest planning assumptions, 
to ensure that the motor vehicle emission budgets were still consistent 
with the currently approved modeling tools and data and the maintenance 
demonstration. The technical analysis showed that the updated paved 
road emissions provided a significant safety margin as compared to the 
attainment inventory emissions of paved road dust for all years for 
which motor vehicle emission budgets were estimated. Therefore, the 
total motor vehicle emissions budgets are consistent with maintenance 
of the standard.
---------------------------------------------------------------------------

    \34\ AP-42, Compilation of Air Pollutant Emission Factors, is 
the primary compilation of EPA's emission factor information. It 
contains emission factors and process information for more than 200 
air pollution source categories, including paved roads.
---------------------------------------------------------------------------

    Based on the information presented in the 2009 South Coast 
PM10 Redesignation Request and Maintenance Plan and our 
adequacy review to date, we propose to approve the motor vehicle 
emissions budgets in the 2009 South Coast PM10 Redesignation 
Request and Maintenance Plan as meeting the requirements of the CAA and 
EPA regulations.

VI. Proposed Actions and Request for Public Comment

    Based on our review of the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan submitted by the State, air 
quality monitoring data, and other relevant materials, EPA is proposing 
to find that the State has addressed all the necessary requirements for 
redesignation of the South Coast air basin to attainment of the 
PM10 NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A.
    First, under CAA section 107(d)(3)(D), we are proposing to approve 
CARB's request, which accompanied the submittal of the maintenance 
plan, to redesignate the South Coast PM10 nonattainment area 
to attainment for the 24-hour PM10 NAAQS. We are doing so 
based on our conclusion that the area has met the five criteria for 
redesignation under CAA section 107(d)(3)(E). Our conclusion is based 
on

[[Page 20881]]

our proposed determination that the area has attained the 24-hour 
PM10 NAAQS; that relevant portions of the California SIP are 
fully approved; that the improvement in air quality is due to permanent 
and enforceable reductions in emissions; that California has met all 
requirements applicable to the South Coast PM10 
nonattainment area with respect to section 110 and part D of the CAA; 
and is based on our proposed approval of the 2009 South Coast 
PM10 Maintenance Plan as part of this action.
    Second, in connection with the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan, EPA proposes to find that 
the maintenance demonstration showing how the area will continue to 
attain the 24-hour PM10 NAAQS for at least 10 years beyond 
redesignation (i.e., through 2030) and the associated motor vehicle 
emissions budgets (Table 6 of this notice) meet applicable CAA 
requirements for maintenance plans and transportation conformity 
requirements under 40 CFR 93.118(e). We are also proposing to approve 
the 2010 emissions inventory as meeting applicable requirements for 
emissions inventories in CAA section 175A and 172.
    We are soliciting comments on these proposed actions. We will 
accept comments from the public on this proposal for 30 days following 
publication of this proposal in the Federal Register. We will consider 
these comments before taking final action.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submittal 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 
Clean Air Act. Accordingly, this action merely approves State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For these reasons, 
these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Do 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 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: March 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-08117 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P
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