20868 Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Proposed Rules 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; 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 proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because a 

determination of attainment is an action 

that affects the status of a geographical 

area and does not impose any new 

regulatory requirements on tribes, 

impact any existing sources of air 

pollution on tribal lands, nor impair the 

maintenance of ozone national ambient 

air quality standards in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 28, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–08122 Filed 4–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 (Air2), 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

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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Proposed Rules 20869 

1See letter, James N. Goldstene, Executive 

Officer, to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, dated April 28, 2010, 

with attachments. 

2An exceedance is defined as a daily value that 

is above the level of the 24-hour standard, 150 mg/ 

m3, after rounding to the nearest 10 mg/m3 (i.e., 

values ending in five or greater are to be rounded 

up). Thus, a recorded value of 154 mg/m3 would not 

be an exceedance since it would be rounded to 150 

mg/m3; whereas, a recorded value of 155 mg/m3

would be an exceedance since it would be rounded 

to 160 mg/m3. See 40 CFR part 50, Appendix K, 

section 1.0. 

3The 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). 

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. 

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 (mg/m3) 

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 mg/m3. See 40 CFR 

50.6 and 40 CFR part 50, Appendix K. 

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 (mg/ 

m3). 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. 

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 onand 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 

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4See letter, James N. Goldstene, Executive 

Officer, to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, dated April 28, 2010. 

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 HeavyDuty 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

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 

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5 Ibid. 

6For 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). 

7Because 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). 

PM10 Redesignation Request and 

Maintenance Plan and budgets plus 

accompanying documentation to EPA 

for approval as a revision to the 

California SIP.5

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 legallyadopted 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

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 

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8Letter 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. 

9Letter 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. 

10Letter 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. 

11Letter 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. 12Technical 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. 13See, 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. 

14See 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. 

15See 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). 

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

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

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

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. 

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

Site 

Expected exceedances 

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. 

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16The applicable California SIP for all 

nonattainment areas can be found at: http:// 

yosemite.epa.gov/r9/r9sips.nsf/ 

Casips?readform&count=100&state=California. 

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). 

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 

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17See 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. 

18See 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. 

19The 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. 

20See 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). 

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

Rule Adoption Submittal 

to 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 Tracking System .................................. 2/4/11 3/2/11 5/25/12 77 FR 31200. 

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

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

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. 

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 

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21While 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). 

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. 

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22See ‘‘Air Resources Board’s Proposed State 

Strategy for California’s 2007 State Implementation 

Plan,’’ release date: April 26, 2007 (2007 State 

Strategy). 

23The 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. 

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 and Ammonia Emissions from Fluid Catalytic Cracking Units.11/07/03 06/03/04 01/04/06 71 FR 241. 

1118 ....... Control of Emissions from Refinery Flares ................................ 11/04/05 10/05/06 08/28/07 72 FR 49196. 

1127 ....... Livestock Waste ......................................................................... 08/06/04 10/05/06 Proposal 

February 4, 

2013 

78 FR 7703. 

1133.2 .... Emission Reductions from Co-Composting Operations ............. 01/10/03 06/05/03 07/21/04 69 FR 43518. 

1156 ....... Further Reductions of Particulate Emissions from Cement 

Manufacturing Facilities.

03/06/09 04/29/09 9/4/12 77 FR 53773. 

1157 ....... PM10 Emission Reductions from Aggregate and Related Operations.09/08/06 05/15/10 03/07/12 77 FR 13495. 

1158 ....... Storage, Handling, and Transport of Coke, Coal and Sulfur ..... 7/11/08 12/23/08 11/10/09 74 FR 57907. 

1186 ....... PM10 Emissions from Paved and Unpaved Roads, and Livestock Operations.07/11/08 12/23/08 03/07/12 77 FR 13495. 

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 offroad 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

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 FullyApproved 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 

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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 onand 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. 

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25See TSD section II–D. 

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. 

27The maximum projected 24-hour PM10 level for 

any modeled year is 141 mg/m3 in 2030 in San 

Bernardino County. 

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. 

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 mg/m3 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. 

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 

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28See footnotes 7–10. 

29See 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. 

30See 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. 

network for PM10 is part of an EPAapproved air quality monitoring 

network.28

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/m3), 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. 

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 tenyear 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 

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31The 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. 

32The 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. 

33See 2009 South Coast PM10 Redesignation 

Request and Maintenance plan, p. 25. 

34AP–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. 

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). 

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. 

TABLE 6—SUMMARY OF MOTOR VEHICLE EMISSIONS BUDGETS IN THE

SOUTH COAST PM10 REDESIGNATION REQUEST AND MAINTENANCE

PLAN

Budget Year→ 

Emissions in tons per 

day 

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 mg/m3. 

The analysis predicted that the 

maximum 24-hour average PM10

concentration could potentially reach 

141 mg/m3 (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/m3 during the 2010 to 

2030 period.33

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. 

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 

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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Proposed Rules 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0135; FRL–9799–6] 

RIN 2060–AQ86 

Control of Air Pollution From Motor 

Vehicles: Tier 3 Motor Vehicle 

Emission and Fuel Standards; Public 

Hearing and Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of public 

hearings and comment period. 

SUMMARY: The EPA is announcing two 

public hearings to be held for the 

proposed rule ‘‘Control of Air Pollution 

from Motor Vehicles: Tier 3 Motor 

Vehicle Emission and Fuel Standards’’ 

(the proposed rule is hereinafter referred 

to as ‘‘Tier 3’’), which will be published 

separately in the Federal Register. The 

hearings will be held in Philadelphia, 

PA on April 24, 2013 and in Chicago, 

IL on April 29, 2013. The comment 

period for the proposed rulemaking will 

end on June 13, 2013. 

DATES: The public hearings will be held 

on April 24, 2013 in Philadelphia, PA 

and on April 29, 2013 in Chicago, IL. To 

register to testify at either hearing, 

notify the contact person listed under 

FOR FURTHER INFORMATION CONTACT at 

least one week before the date of the 

hearing. Information regarding time of 

the hearing is also listed below in 

SUPPLEMENTARY INFORMATION. The 

comment period will end on June 13, 

2013. 

ADDRESSES: The hearings will be held at 

the following locations: The April 24, 

2013 hearing will be held at the Sonesta 

Hotel Philadelphia, 1800 Market Street, 

Philadelphia, PA 19103; the April 29, 

2013 hearing will be held at the 

Doubletree Magnificent Mile, 300 E. 

Ohio Street, Chicago, IL 60611. In 

addition, a conference call-in line will 

be provided to allow for the opportunity 

for the public to listen to each hearing; 

information regarding the conference 

number and passcode will be posted at 

www.epa.gov/otaq/tier3.htm. Please 

note that this conference line will allow 

the public to listen only; persons 

listening will not be able to give an oral 

presentation via the conference line. 

Written comments on the proposed rule 

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