[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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