[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Proposed Rules]
[Pages 43421-43423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20600]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA141-1-6899; FRL-5270-7]
Approval and Promulgation of State Implementation Plans;
California--Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA proposes approval of 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 proposed for
approval 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 (NOX) in order to attain
the national ambient air quality standards (NAAQS) for ozone.
The effect of EPA's proposed approval of these commitments is to
incorporate the commitments into the federally approved SIP. EPA
proposes to approve 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.
DATES: Comments must be received on or before September 20, 1995.
ADDRESSES: Materials relevant to this rulemaking are available for
review at: Regional Administrator, Attention: 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.
Copies of the SIP submittal is also available for inspection at the
addresses listed below:
California Air Resources Board, 2020 L Street, Sacramento, California.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, California.
FOR FURTHER INFORMATION CONTACT: Julia Barrow (415) 744-2434, at the
Office of Federal Planning (A-1-2), Air and
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Toxics Division, U.S. EPA, Region IX, 75 Hawthorne Street, San
Francisco, California, 94105-3901.
SUPPLEMENTARY INFORMATION: In 1990 Amendments to Title I of the CAA,
Congress revamped the requirements for areas that have not attained the
national ambient air quality standards (NAAQS) for ozone, carbon
monoxide (CO), particulate matter, sulfur dioxide, nitrogen dioxide,
and lead. In addition, Congress made numerous changes in the
requirements for SIPs in general, including the provisions governing
EPA's processing of SIP revisions, as well as the repercussions of
State failures to meet the various SIP requirements. Among the
important new title I requirements was the November 15, 1994 submittal
of ozone attainment plans for areas classified as ``Serious,''
``Severe,'' or ``Extreme.''
On November 15, 1994, the CARB submitted attainment plans for the
various ozone nonattainment areas in the State, consisting of: (1)
locally adopted control measures and other plan components; (2) fully
adopted CARB regulations for consumer products, reformulated gasoline,
and clean diesel fuel; and (3) commitments by State agencies to adopt
rules and regulations in the future. The State commitments were
subsequently updated, corrected, and resubmitted on December 29, 1994.
EPA is today proposing action upon ``Volume II: The Air Resources
Board's Mobile Source and Consumer Products Elements,'' as resubmitted.
The elements proposed for approval into the SIP today 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.\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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The State commitments fall into two categories. In the first
category are well-defined commitments to be met in the next few years,
to adopt statewide measures achieving additional emission reductions
from mobile sources and consumer products. In the second category are
longer-term measures, allowed under section 182(e)(5) of the CAA for
the South Coast portion of the State. In this document, EPA is
proposing action on the State's commitments in the first category to
adopt specific near-term controls.
The strong commitments of CARB and local agencies, reflected in the
November 15, 1994 submittal, evidence a determination to continue the
State's leadership role in achieving air pollution progress. Therefore,
even in advance of CARB adoption of regulations, EPA is taking what
rulemaking action is authorized to support the State's control measure
commitments and make them an enforceable part of the SIP. The CARB
commitments proposed for approval 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) NOX, 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)--NOX regulations,
adoption 1997, implementation 2002, South Coast reductions in 2010--56
tpd NOX, 4 tpd ROG. These reductions will be achieved by CARB
adoption of a 2.0 gram per brake horsepower-hour NOX 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 NOX. These reductions will be achieved
by application of 3-way catalyst technology in HDGVs will obtain 50
percent reductions of NOX 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 NOX, 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 NOX by
at least 50 percent.
Measure CP-2, Mid-Term Consumer Products (``Phase III''), adoption
July 1997, reductions in 2005--25 percent reduction beyond currently
adopted CARB regulations, South Coast reductions in 2010--34 tpd ROG.
In this document, EPA is proposing to approve these commitments in
the 1994 ozone plan, but is not at this time proposing action on the
plans for the individual ozone nonattainment areas. Thus, EPA has made
no determination as to whether these plans meet the attainment
demonstration, progress, or any other specific section 182 requirements
of the Act. EPA has, however, concluded that the CARB plan contains
enforceable commitments to adopt regulations that, if approved, would
greatly strengthen the SIP. Therefore, EPA is proposing to approve
these commitments under section 110(k)(3) and 301(a) solely for their
strengthening effect.
EPA is firmly committed to assisting CARB in its efforts to develop
and adopt the associated State regulations, which EPA agrees are
vitally important 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 pledges 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
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economic reasonableness of state action. The Act forbids EPA to base
its actions concerning SIP's 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.
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 proposed for approval 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 proposed 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.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 5, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-20600 Filed 8-18-95; 8:45 am]
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