[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43015-43017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20481]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 146-1-7134a; FRL-5272-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Joaquin Valley Nonattainment 
Area, Transportation Control Measure Replacement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the California State 
Implementation Plan (SIP) for ozone for the San Joaquin Valley, which 
was submitted to EPA on March 2, 1995. This direct final approval 
action approves the ``Railroad Grade Separations'' transportation 
control measure (TCM) adopted by the State of California on January 13, 
1995. This TCM supersedes the ``Controls on Extended Vehicle Idling'' 
transportation control measure (TCM) in the federally-approved 1982 
California ozone SIP. The intended effect of direct final approval of 
this SIP revision is to control emissions of ozone precursors and 
carbon monoxide in accordance with the requirements of the Clean Air 
Act, as amended in 1990 (CAA or 1990 Act).

DATES: This direct final action is effective on October 17, 1995 unless 
adverse or critical comments are received by September 18, 1995. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the State submittal and EPA's technical support 
document are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted SIP revision are 
available for inspection at the following locations:

Mobile Sources Section (A-2-1), Air and Toxics Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105
Environmental Protection Agency, Air Docket (6102), ANR 443, 401 ``M'' 
Street SW., Washington, DC 20460
California Air Resources Board, 2020 ``L'' Street, Sacramento, CA 92123
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolomne Street, Suite #200, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Deborah Schechter, Mobile Sources 
Section, Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1227.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 1, 1982, the State of California submitted the 1982 
ozone and carbon monoxide (CO) SIP for the San Joaquin County portion 
of the San Joaquin Valley nonattainment area. EPA approved California's 
1982 ozone and CO SIP for San Joaquin County and published the Federal 
Register document on December 20, 1983 (48 FR 56215). The 1982 San 
Joaquin County SIP, or Air Quality Management Plan (AQMP), was adopted 
by the San Joaquin County Board of Supervisors on June 22, 1982. The 
AQMP included a transportation control measure (TCM) designated as 
``Controls on Extended Vehicle Idling''. This TCM was intended to 
reduce vehicular emissions from extended idling at railroad crossings 
by requiring a signing system at all railroad crossings asking 
motorists to turn off their engines for waits longer than one minute. 
Site design improvements during the planning stage to mitigate 
circumstances where excessive idling could occur were also required in 
this TCM. This TCM was never implemented.
    On March 20, 1991, the air pollution control districts in the San 
Joaquin Valley, including the San Joaquin County district, merged into 
the San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD). The SJVUAPCD was authorized to exercise all powers and 
carry out all duties of air pollution control districts within the 
Valley as provided by state and federal law.
    On March 2, 1995, the California Air Resources Board (CARB) 
submitted to EPA a revision to the SIP for ozone for the San Joaquin 
Valley nonattainment area entitled San Joaquin Valley Transportation 
Control Measure Replacement. The SIP revision was adopted by the 
SJVUAPCD on September 14, 1994 and later by CARB on January 13, 1995. 
The SIP revision replaces the ``Controls on Extended Vehicle Idling'' 
TCM with the ``Railroad Grade Separations'' TCM. In its March 2, 1995 
letter to EPA, CARB requested prompt handling of the submittal because 
of its implications for conformity determinations.
    In a letter to the State dated July 24, 1995, EPA found the 
submittal of the San Joaquin Valley Transportation Control Measure 
Replacement complete.

II. Summary and Evaluation of SIP Revision

    Section 176(c) of the Clean Air Act (CAA) prohibits any 
metropolitan planning organization (MPO) designated under section 134 
of title 23 of the United States Code, from approving any 
transportation project, program, or plan which does not conform to a 
SIP approved under section 110 of the CAA. The federal transportation 
conformity regulation (40 CFR Part 51, subpart T) implements the 
transportation-related requirements of section 176(c). Section 51.418 
of the regulation requires the 

[[Page 43016]]
transportation plan and program to provide for the timely 
implementation of transportation control measures (TCMs) from the 
applicable federally-approved implementation plan. A TCM is defined in 
section 51.392 as any measure that is specifically identified and 
committed to in the applicable implementation plan that is either one 
of the types listed in section 108 of the CAA, or any other measure for 
the purpose of reducing emissions or concentration of air pollutants 
from transportation sources by reducing vehicle use or changing traffic 
flow or congestion conditions.
    Under the federal transportation conformity rule, before an MPO or 
the Department of Transportation (DOT) can approve a transportation 
plan or program, a conformity determination must be made which shows 
timely implementation of all of the TCMs in the approved SIP and 
demonstrates that all obstacles to TCM implementation have been 
removed. In the case of San Joaquin County, the TCMs identified in the 
1982 SIP must meet the timely implementation criterion in order for the 
transportation plan and program to be approved and projects to be 
funded. Because the ``Controls on Extended Vehicle Idling'' TCM was 
never implemented and is not expected to be implemented, this TCM 
cannot be found to meet the criterion of timely implementation.
    The preamble to the conformity regulation at 58 FR 62198 states 
that if the original project sponsor or the cooperative planning 
process decides not to implement the TCM or decides to replace it with 
another TCM, a SIP revision which removes the TCM will be necessary 
before plans and programs may be found in conformity. (In order to be 
approved by EPA, such a SIP revision must include substitute measures 
that achieve emissions reductions sufficient to meet all applicable 
requirements of the CAA, including section 110(l).)
    In order to meet the requirement of the conformity regulation for 
timely implementation of TCMs and to enable FHWA to approve future 
transportation plans and programs for San Joaquin County, the San 
Joaquin County Council of Governments (SJCOG), the SJVUAPCD, and the 
State of California have opted to revise the SIP to delete the 
``Controls on Extended Vehicle Idling'' TCM and replace the measure 
with an alternative TCM for which timely implementation can be 
demonstrated. On March 2, 1995, California submitted a SIP revision for 
San Joaquin County which replaces the ``Controls on Extended Vehicle 
Idling'' TCM with the ``Railroad Grade Separations'' TCM.
    The TCM includes two railroad grade separations to be constructed 
in the Stockton Urbanized Area:

--Hammer Lane at Southern Pacific RR (scheduled completion in 1997)
--Hammer Lane at Union Pacific RR (scheduled completion in 1997)

    The SIP revision anticipated the following emissions reductions 
from these projects: 1.2 kg total organic gases (TOG) per day, 4.0 kg 
nitrogen oxides (NoX) per day, and 20 kg carbon monoxide (CO) per 
day.
    The 1982 SIP took credit only for the CO emissions reductions 
expected from the implementation of the ``Controls on Extended Vehicle 
Idling'' TCM. The expected reduction was 0.017 tons/day or 15.4 kg/day 
of CO in 1987. Thus, the ``Railroad Grade Separations'' TCM is expected 
to result in greater reductions in CO, TOG, and NOX than were 
credited to the ``Controls on Extended Vehicle Idling'' TCM.
    In addition, the SJCOG and the SJVUAPCD have found that the 
emissions reductions that would result if the ``Controls on Extended 
Vehicle Idling'' TCM were implemented today are likely to be less than 
originally projected. First, the TCM was voluntary. Emissions 
reductions were calculated based on the assumption that motorists would 
obey the signs and turn off their engines for waiting times of over one 
minute, when, in reality, motorists may have kept their engines idling 
due to a lack of an enforcement mechanism for the measure. In addition, 
changes in motor vehicle technology have led to a reduced benefit from 
this TCM. Motor vehicle engine technology has led to reduced idling 
emissions from today's cars. As a result, shutting off idling vehicles 
and starting them back up again a few minutes later will result in 
fewer emissions reductions today than in 1982 when the TCM was included 
in the SIP.
    Because the ``Railroad Grade Separations'' TCM is expected to 
result in greater emissions reductions than the ``Controls on Extended 
Vehicle Idling'' TCM, the SIP revision does not weaken the federally-
approved 1982 SIP.

III. EPA's Action

    This action approves the ``Railroad Grade Separations'' TCM, 
submitted to EPA by the State of California on March 2, 1995 for 
inclusion in the California Ozone SIP for the San Joaquin Valley. This 
TCM supersedes the ``Controls on Extended Vehicle Idling'' TCM in the 
1982 SIP. This latter TCM is, therefore, no longer subject to the 
timely implementation criterion of the conformity regulation. EPA has 
evaluated the submitted TCM and has determined that it is consistent 
with the CAA, EPA regulations, and EPA policy. Therefore, the San 
Joaquin Valley Transportation Control Measure Replacement SIP revision 
is being approved under section 110(k)(3) of the CAA as meeting the 
requirements of sections 110(a) and (l) and part D.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the state implementation plan shall 
be considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document published elsewhere 
in this Federal Register, the EPA is proposing to approve the SIP 
revision should adverse or critical comments be filed. This action will 
be effective October 17, 1995, unless, by September 18, 1995, adverse 
or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule 
published elsewhere in this Federal Register. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective October 17,1995.

IV. 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 businesses, small not-for-profit enterprises and 
government entities with jurisdiction over population of less than 
50,000.
    SIP approvals under sections 110 and 301(a) and subchapter I, Part 
D of the CAA do not create any new requirements, but simply approve 

[[Page 43017]]
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-state relationship 
under the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA 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).
    The OMB has exempted this action from review under Executive Order 
12866.

V. 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 this state implementation plan revision, the 
State and any affected local or tribal governments have elected to 
adopt the program provided for under sections 110 and 182(b) of the 
Clean Air Act. 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 by this action 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 direct final 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: July 26, 1995.
Jeff Zelikson,
Acting 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)(223) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (223) Revised ozone transportation control measure (TCM) for the 
San Joaquin Valley submitted on March 2, 1995, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Railroad Grade Separations TCM, adopted on September 14, 1994.

[FR Doc. 95-20481 Filed 8-17-95; 8:45 am]
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