[Federal Register Volume 60, Number 240 (Thursday, December 14, 1995)]
[Rules and Regulations]
[Pages 64126-64128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30511]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA141-1-7247; FRL-5326-7]


Approval and Promulgation of State Implementation Plans; 
California--Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving certain provisions in the state 
implementation plan (SIP) revision submitted by the State of 
California. The California Air Resources Board (CARB) adopted these 
provisions on November 15, 1994, as part of ``The 1994 California State 
Implementation Plan for Ozone.'' The portions of the SIP approved today 
are commitments by the CARB to adopt regulations for various mobile 
source and consumer product categories by particular dates to achieve 
specific emission reductions of volatile organic compounds (VOC) and 
oxides of nitrogen (NO<INF>X) in order to attain the national ambient 
air quality standards (NAAQS) for ozone.
    The effect of EPA's approval of these commitments is to incorporate 
the commitments into the federally approved SIP. EPA is approving the 
commitments under provisions of the Clean Air Act (CAA or ``the Act'') 
regarding EPA actions on SIP submittals and general rulemaking 
authority because these revisions strengthen the SIP.

EFFECTIVE DATE: This approval is effective on January 16, 1996.

ADDRESSES: Materials relevant to this rulemaking are available for 
review at the following location: Office of Federal Planning (A-1-2), 
Air and Toxics Division, Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901. Interested persons may 
make an appointment with Ms. Virginia Petersen at (415) 744-1265, to 
inspect the docket at EPA's San Francisco office on weekdays between 9 
a.m. and 4 p.m.
    A copy of the SIP submittal is also available for inspection at the 
address listed below: California Air Resources Board, 2020 L Street, 
Sacramento, California.

FOR FURTHER INFORMATION CONTACT: Julia Barrow (415) 744-2434, at the 
Office of Federal Planning (A-1-2), Air and Toxics Division, U.S. EPA, 
Region IX, 75 Hawthorne Street, San Francisco, California, 94105-3901.

SUPPLEMENTARY INFORMATION: On August 21, 1995 (60 FR 43421), EPA 
proposed to approve certain State commitments included in Volume II of 
the California Ozone SIP, ``The Air Resources Board's Mobile Source and 
Consumer Products Elements.'' These commitments were originally 
submitted on November 15, 1994, were subsequently updated, corrected, 
and resubmitted on December 29, 1994, and were found to be complete on 
January 30, 1995 and April 18, 1995, pursuant to EPA's completeness 
criteria that are set forth in 40 CFR part 51 Appendix V.<SUP>1

    \1\EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
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    EPA is today finalizing approval of the State's commitments listed 
below, in advance of CARB adoption of regulations. EPA is finalizing 
SIP approval of these enforceable CARB commitments under section 
110(k)(3) and 301(a) for their strengthening effect. The CARB 
commitments approved today are as follows:
    Measure M3, Accelerated Ultra-Low Emission Vehicle (ULEV) 
requirement for Medium-Duty Vehicles (MDVs), adoption 1997, 
implementation 1998-2002, South Coast reductions in 2010--32 tons per 
day (tpd) NO<INF>X, 4 tpd reactive organic gases (ROG). These 
reductions will be achieved by an increase in MDV ULEVs, as currently 
defined by CARB, from 10 percent of sales of new MDVs in 1998 model 
year to 100 percent in 2002 and later model years.
    Measure M5, Heavy-Duty Vehicles (HDVs)--NO<INF>X regulations, 
adoption 1997, implementation 2002, South Coast reductions in 2010-56 
tpd NO<INF>X, 4 tpd ROG. These reductions will be achieved by CARB 
adoption of a 2.0 gram per brake horsepower-hour NO<INF>X exhaust 
emission standard for new heavy-duty truck engines sold in California 
beginning in 2002, or by implementation of alternative measures which 
achieve equivalent or greater reductions. Alternatives under 
consideration include expanded introduction of alternative-fueled and 
low-emission diesel engines through demand-side programs and 
incentives, retrofit of aerodynamic devices, reduced idling, and speed 
reduction.
    Measure M8, Heavy-Duty Gasoline Vehicles (HDGVs)--lower emission 
standards, adoption 1997, implementation 1998-2002, South Coast 
reductions in 2010--3 tpd NO<INF>X. These reductions will be achieved 
by application of 3-way catalyst technology in HDGVs will obtain 50 
percent reductions of NO<INF>X and ROG emissions from these engines.
    Measure M11, Industrial Equipment, Gas & LPG--three-way catalyst 
technology, adoption 1997, implementation 2000-2004, South Coast 
reductions in 2010--14 tpd NO<INF>X, 29 tpd ROG. Emission standards for 
new engines greater than 25 hp and less than 175 hp will be phased in 
beginning in 2000, based on the use of closed-loop 3-way catalyst 
systems, which are expected to reduce ROG by 75 percent and NO<INF>X by 
at least 50 percent.
    Measure CP-2, Mid-Term Consumer Products (``Phase II''), adoption 
July 1997, reductions in 2005--25 percent reduction beyond currently 
adopted CARB regulations, South Coast reductions in 2010--34 tpd ROG. 

[[Page 64127]]

    Two public comments were received on the proposed approval. Texaco 
Refining and Marketing recommended that EPA recognize and consider the 
flexibility that CARB intended for Measure M3, citing the following 
language from the SIP submittal:

    [t]he heaviest medium-duty vehicles may have problems meeting 
the ULEV standard. However it may be possible to compensate for this 
situation through flexible standards which allow credits to be 
generated by the more populous lighter medium-duty vehicles. In 
addition, other mixes of vehicles and technologies could provide 
equivalent emission reductions.

EPA fully supports CARB's statement of its flexibility in developing 
and implementing this measure.
    The Chemical Specialties Manufacturers Association (CSMA) commented 
on Measure CP-2. CSMA noted that EPA incorrectly identified the measure 
as ``phase III.'' In the current CARB nomenclature, CP-2 is ``phase 
II'' of the State's consumer product element. EPA has revised the 
measure identification accordingly. CSMA also commented that CARB did 
not cite its full legislative authority to adopt the measure. EPA 
believes that CARB has sufficient authority to adopt and implement 
regulations to achieve the SIP's reduction targets. Finally, CSMA 
stated that CARB's proposed 25 percent reduction target for the measure 
is not supported by CARB's data, and CSMA further noted that EPA, CARB, 
and industry have met recently to discuss refinements to the 
categorization of consumer products. EPA continues to believe that the 
State's commitment to adopt the CP-2 measure, including its reduction 
target, should be approved.
    As discussed in the proposed approval, EPA is firmly committed to 
assisting CARB in its efforts to develop and adopt the associated State 
regulations, which are essential if the State is to meet the public 
health goals of the Act. EPA shares the State's dedication, reflected 
in these commitments, to achieve real and sustainable progress toward 
clean air at the least cost. EPA intends to work closely with CARB to 
speed full SIP approval of the regulations eventually adopted by the 
State.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small business, small not-for-profit enterprises and 
government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under sections 110 and 301 and subchapter I, part D 
of the Clean Air Act, do not create any new requirements, but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal SIP approval does not impose any new requirements, 
it does not have a significant impact on any small entities affected. 
Moreover, due to the nature of the Federal/state relationship under the 
Act, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410(a)(2).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.

Unfunded Mandates

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

List of Subjects in 40 CFR Part 52

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

    Dated: October 22, 1995.
 Felicia Marcus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(204)(i)(A)(5) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (204) * * *
    (i) * * *
    (A) * * *
    (5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle 
(ULEV) requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty 
Vehicles NO<INF>X regulations (Measure M5), Heavy-Duty Gasoline 
Vehicles lower emission standards (Measure M8), Industrial Equipment, 
Gas & LPG--3-way catalyst technology (Measure M11), Mid-Term Consumer 
Products (Measure CP-2), as contained in The California State 
Implementation Plan for Ozone, Volume II: The Air Resources Board's 
Mobile 

[[Page 64128]]
Source and Consumer Products Elements, adopted on Nov. 15, 1994.
* * * * *
[FR Doc. 95-30511 Filed 12-13-95; 8:45 am]
BILLING CODE 6560-50-P