[Federal Register Volume 67, Number 242 (Tuesday, December 17, 2002)]
[Proposed Rules]
[Pages 77212-77220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31680]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CA-274-0371; FRL-7422-4]


Approval and Promulgation of State Implementation Plans and 
Designation of Areas for Air Quality Planning Purposes; California--
South Coast

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve state implementation plan (SIP) 
revisions submitted by the State of California to provide for 
attainment of the particulate matter (PM-10) national ambient air 
quality standards (NAAQS) in the Los Angeles-South Coast Air Basin Area 
and to establish emissions budgets for purposes of transportation 
conformity. EPA is also proposing to grant the State's request for an 
extension of the PM-10 attainment deadline to December 31, 2006. EPA is 
proposing to approve the SIP revisions under provisions of the Clean 
Air Act (CAA) regarding EPA action on SIP submittals, SIPs for national 
primary and secondary ambient air quality standards, and plan 
requirements for nonattainment areas.

DATES: Written comments on this proposal must be received by January 
16, 2003.

ADDRESSES: Please mail comments to: Dave Jesson (AIR-2), EPA Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901. The rulemaking 
docket for this notice is available for public inspection during normal 
business hours at EPA's Region IX office. A

[[Page 77213]]

reasonable fee may be charged for copying parts of the docket.
    Copies of the SIP materials are also available for inspection at 
the following locations:

California Air Resources Board, 1001 I Street, Sacramento, California, 
95812
South Coast Air Quality Management District, 21865 E. Copley Drive 
Diamond Bar, California, 91765-0932

Most of the plan materials are also electronically available at: http://www.aqmd.gov/aqmp.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, (415) 972-
3957, or [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
    A. Summary
    B. PM-10 Problem in the South Coast
    C. CAA Provisions
    D. Designation and Classification
    E. Adoption and Submittal
II. Evaluation of the SIP Submittals
    A. Emission Inventories
    B. Control Measures
    1. Applicable Requirements
    2. Description of Control Measures
    3. Proposed Action on Control Measures
    C. Contingency Measures
    D. Reasonable Further Progress (RFP) and Milestones
    E. Attainment Demonstration
    F. Extension of the Attainment Deadline
    G. Motor Vehicle Emission Budgets
III. Summary of the Proposed Action
IV. Administrative Requirements

I. Background

A. Summary

    We are proposing to approve portions of the 1994 and 1997 plans, 
the 1998 and 1999 plan amendments, and the 2002 status report for the 
South Coast Air Basin (or ``South Coast''), as these SIP submittals 
pertain to PM-10, and to grant the State's request that the attainment 
date for the 24-hour and annual PM-10 NAAQS be extended from December 
31, 2001, to December 31, 2006.\1\ We are also proposing to approve 
emissions budgets for purposes of transportation conformity.
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    \1\ The nonattainment area includes all of Orange County and the 
more populated portions of Los Angeles, San Bernardino, and 
Riverside Counties. For a description of the boundaries of the Los 
Angeles-South Coast Air Basin Area, see 40 CFR 81.305.
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B. PM-10 Problem in the South Coast Air Basin

    Although great progress has been made in reducing PM-10 
concentrations, the South Coast continues to violate both the 24-hour 
and annual PM-10 NAAQS, and the State must therefore submit measures 
and other provisions sufficient to make expeditious progress and attain 
the NAAQS.\2\ The South Coast PM-10 plans were prepared to meet 
applicable CAA provisions, including attainment of the PM-10 NAAQS 
throughout the basin. Preparation of these plans was particularly 
challenging because PM-10 concentrations in the South Coast consist of 
both primary particulate (such as road dust and diesel soot, emitted 
directly into the atmosphere) and secondary particulate (particles 
formed through atmospheric chemical reactions from precursor gases, 
notably oxides of nitrogen, oxides of sulfur, and ammonia), and the 
principal causes of PM-10 violations show a strong spatial variation 
within the South Coast.
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    \2\ EPA revised the NAAQS for particulate matter on July 1, 1987 
(52 FR 24672), replacing standards for total suspended particulates 
with new standards applying only to particulate matter up to 10 
microns in diameter (PM-10). At that time, EPA established two PM-10 
standards. The annual PM-10 standard is attained when the expected 
annual arithmetic mean of the 24-hour samples averaged over a 3-year 
period does not exceed 50 micrograms per cubic meter (ug/m3). The 
24-hour PM-10 standard of 150 ug/m3 is attained if samples taken for 
24-hour periods have no more than one expected exceedance per year, 
averaged over 3 years. See 40 CFR 50.6 and 40 CFR part 50, appendix 
K.
    On July 18, 1997, EPA reaffirmed the annual PM-10 standard, and 
slightly revised the 24-hour PM-10 standard (62 FR 38651). In the 
same action, EPA also established two new standards for PM, both 
applying only to particulate matter up to 2.5 microns in diameter 
(PM-2.5).
    This SIP submittal addresses the 24-hour and annual PM-10 
standards as originally promulgated. An opinion issued by the U.S. 
Court of Appeals for the D.C. Circuit in American Trucking Assoc., 
Inc., et al. v. USEPA, No. 97-1440 (May 14, 1999), among other 
things, vacated the new standards for PM-10 that were published on 
July 18, 1997 and became effective September 16, 1997. However, the 
PM-10 standards promulgated on July 1, 1987 were not an issue in 
this litigation, and the Court's decision noes not affect the 
applicability of those standards in this area. Codification of those 
standards continues to be recorded at 40 CFR 50.6.
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    The health effects from elevated PM-10 concentrations include lung 
damage, increased respiratory disease, and premature death. Children, 
the elderly, and people suffering from heart and lung disease, such as 
asthma, are especially at risk.

C. CAA Provisions

    Title I of the Federal CAA was substantially amended in 1990 to 
establish new planning requirements and attainment deadlines for the 
NAAQS. The nonattainment area plan provisions for PM-10 areas appear in 
CAA section 189. The most fundamental of these provisions is the 
requirement that the State submit a SIP demonstrating attainment of the 
PM-10 NAAQS. CAA section 189(a)(1)(B) and 189(b)(1)(A). 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. For areas classified as serious, such as the South 
Coast, the measures must meet the standard for Best Available Control 
Measures (BACM), and the measures must be implemented expeditiously and 
ensure attainment no later than the applicable CAA deadline. Because 
the State requests an extension of the attainment date beyond the 
applicable deadline of December 31, 2001, CAA section 188(e) provides 
that the State must demonstrate that the plan includes the most 
stringent measures (MSM) that are included in any implementation plan 
or are achieved in practice, and can feasibly be implemented in the 
area.
    EPA has issued a ``General Preamble'' describing the Agency's 
preliminary views on how EPA intends to act on SIPs submitted under 
Title I of the Act. See 57 FR 13498 (April 16, 1992), 57 FR 18070 
(April 28, 1992). EPA later issued an Addendum to the General Preamble 
providing guidance on SIP requirements for serious PM-10 areas. 59 FR 
41998 (August 16, 1994). The reader should refer to these documents for 
a more detailed discussion of EPA's preliminary interpretations of 
Title I requirements. In this proposed rulemaking action, EPA applies 
these policies to the South Coast PM-10 SIP submittals, taking into 
consideration the specific factual issues presented.

D. Designation and Classification

    On the date of enactment of the 1990 CAA Amendments, PM-10 areas, 
including the South Coast Air Basin, 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).
    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 PM-10 nonattainment areas, including the South 
Coast Air Basin, 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 PM-10 NAAQS by this attainment 
date.

[[Page 77214]]

    EPA determined on January 8, 1993, that the South Coast could not 
practicably attain the PM-10 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)(2) of the Act, the applicable deadline 
for submittal of SIPs for the South Coast addressing the requirements 
for serious PM-10 nonattainment areas in section 189(b) and (c) of the 
Act were:
    (1) August 8, 1994 (18 months after the effective date of the 
reclassification)--SIP to ensure the implementation of BACM no later 
than 4 years after reclassification;
    (2) February 8, 1997 (4 years after the effective date of the 
reclassification)--SIP to provide for progress and expeditious 
attainment.
    The 1994 PM10 plan addresses the first requirement and the 1997 
plan addresses the second requirement.

E. Adoption and Submittal

    The South Coast Air Quality Management District (SCAQMD) adopted 
the 1994 Air Quality Management Plan (AQMP) on September 9, 1994, and 
the California Air Resources Board (CARB) submitted the plan to us on 
November 15, 1994. This plan addresses the BACM provisions of CAA 
section 189(b)(1)(B).\3\
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    \3\ SCAQMD adopted and CARB submitted in 1991 an AQMP intended, 
in part, to satisfy the CAA section 189(a) provisions for PM-10 
nonattainment areas classified as moderate. We did not take action 
on this plan and are not doing so now, since the plan was superseded 
by the subsequent SIP submittals.
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    The SCAQMD adopted the 1997 AQMP on November 15, 1996, and CARB 
submitted the plan on February 5, 1997. This plan addresses the 
remaining plan provisions for serious PM-10 nonattainment areas, as 
specified in CAA sections 188 and 189.
    In addition to PM-10, these two AQMPs address carbon monoxide (CO), 
ozone, and nitrogen dioxide (NO2).\4\ By operation of law pursuant to 
CAA section 110(k)(1)(B), the PM-10 portions of the 1994 and 1997 plan 
submittals became complete 6 months after submittal by the State--i.e., 
on May 15, 1995, and August 5, 1997, respectively.
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    \4\ We granted interim approval to the CO portion of the 1997 
submittal on April 21, 1998 (63 FR 19661), and we approved the NO2 
portion of the 1997 submittal on July 24, 1998 (63 FR 39747). On 
January 8, 1997 (62 FR 1150), we approved the ozone portion of the 
1994 submittal. On April 10, 2000 (65 FR 18903), we approved the 
ozone portion of the 1997 submittal, as amended in December 1999, as 
a replacement for the 1994 ozone plan.
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    On April 10, 1998, the SCAQMD adopted a 1998 amendment to the 1997 
plan, establishing 2010 and 2020 PM-10 motor vehicle emission budgets. 
The State submitted these budgets to us as a SIP revision on April 22, 
1998, and this submittal became complete by operation of law on October 
22, 1998.
    On December 10, 1999, the SCAQMD adopted a 1999 amendment to the 
1997 plan, primarily addressing the ozone elements of the plan but also 
affecting some control measures relating to PM-10. CARB submitted the 
1999 amendment on February 4, 2000. On March 15, 2000, we found that 
the 1999 amendment met the completeness criteria in 40 CFR part 51, 
appendix V.
    On June 7, 2002, the SCAQMD adopted and on November 18, 2002, CARB 
submitted a status report, including motor vehicle emissions budgets 
for purposes of transportation conformity under CAA section 176(c), 
based on the motor vehicle emissions in the 1997 PM-10 plan. On 
November 20, 2002, we found that this submittal met the completeness 
criteria in 40 CFR part 51, appendix V.
    In this document, we refer to the PM-10 portion of the 1994 and 
1997 Air Quality Management Plans as ``the 1994 plan'' and ``1997 
plan.'' We refer to the 1998 and 1999 amendments to the 1997 plan as 
the ``1998 amendments,'' and ``1999 amendments,'' respectively, and we 
refer to the 2002 submittal as the ``2002 status report.''
    Both the District and CARB satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption of the plans and the motor vehicle emissions budgets. The 
District conducted numerous public workshops, and properly noticed the 
public hearing at which the plans were adopted. The SIP submittals 
include proof of publication for notices of the public hearings. 
Therefore, we conclude that the 1994 and 1997 plans, the 1998 and 1999 
amendments, and the 2002 status report met the public notice and 
involvement requirements of section 110(a)(1) of the CAA.

II. Evaluation of the SIP Submittals

A. Emission Inventories

    The emission inventories in the 1997 plan supersede those in the 
1994 plan. The 1997 plan includes summary emission inventories for 
major source categories in tons per annual average day for VOC, 
NOX, CO, SOx, and PM-10 for the 1993 base year (Table 3-3A) 
and for 2000 (Table 3-5A) and 2006 (Table 3-6A). Appendix III (Base and 
Future Year Emission Inventories) to the 1997 plan provides more 
detailed emissions inventories for 1987, 1990, 1993, 1997, 2000, 2002, 
2003, 2005, and 2006. Appendix III also includes additional emissions 
data, including planning inventories for summer and winter days, and 
estimates of emission reductions from each of the 1997 plan control 
measures for 2000, 2006, and subsequent years. Finally, Appendix III 
documents the source of the data and references SCAQMD and ARB reports 
that provide detailed information on the methodologies used to estimate 
emissions from area sources.
    Appendix V (Modeling and Attainment Demonstrations) includes 
estimated emission reductions by control measure for PM-10 milestone 
years (1997, 2000, 2003, and 2006) and the detailed emission 
inventories used in the modeling analyses.
    The 1997 plan's emission inventories employ activity levels, 
emission factors, and growth projections that were the most current and 
accurate available when the plan was required to be submitted and when 
the plan was, in fact, submitted: February 1997. The emission 
inventories are complete with respect to sources that have been found 
to contribute to PM-10 violations. We therefore propose to approve the 
emission inventories in Chapter 3, Appendix III, and Appendix V of the 
1997 plan as meeting the provisions of CAA section 172(c)(3).
    In the years since development, adoption, and submittal of the 1997 
plan, CARB has prepared draft revisions to the mobile source component 
of the emissions inventories, including the model used to calculate 
exhaust and evaporative emissions from motor vehicles. This California-
specific motor vehicle emissions model is known as EMFAC. The version 
of the model available for development of the 1997 PM-10 plan is known 
as EMFAC 7G, adopted by CARB in 1996 (CARB, Methodology for Estimating 
Emissions from On-Road Motor Vehicles, 1996).\5\
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    \5\ EPA has approved EMFAC 7G for use in transportation plan and 
program conformity analyses (letter from David Howekamp, EPA, to 
Michael P. Kenny, CARB, dated April 16, 1998).
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    CARB and SCAQMD have formally committed to adopt and submit a 
revised PM-10 plan and revised motor vehicle emissions budgets by 
Spring 2003, and to base the new plan and budgets on use of the most 
current and accurate emissions data, including the latest available 
version of the EMFAC model for motor vehicle emissions, incorporating 
the latest planning assumptions on vehicle fleet and age distribution, 
and incorporating the latest activity levels. This revised plan will 
also update the ozone and CO SIPs and

[[Page 77215]]

budgets for the South Coast, which are similarly based on motor vehicle 
emissions calculated using EMFAC 7G and planning assumptions available 
in 1996.
    We believe that approval of the 1997 plan's emissions inventories 
and the motor vehicle emissions budgets derived from the 1997 plan's 
emissions inventories is warranted at this time, since the inventories 
and budgets reflect the best available information at the time of the 
plan's preparation. Moreover, both SCAQMD and CARB have committed to 
submit, within a short period of time, a revised plan with updated 
emissions inventories and budgets. The transportation conformity 
implications of our proposed approval are discussed later in this 
document, in section II.G., Motor Vehicle Emissions Budgets.

B. Control Measures

1. Applicable Requirements
    Because the South Coast is classified as serious for PM-10, the 
nonattainment plan for the area must include control measures that 
reflect a BACM level of control for each source category that 
contributes significantly to a violation of the 24-hour or annual PM-10 
NAAQS.\6\
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    \6\ The plan must also satisfy lesser control measure provisions 
applicable to moderate areas, Reasonably Available Control Measures 
(RACM) for areas sources such as fugitive dust, and Reasonably 
Available Control Technology (RACT) for stationary sources such as 
commercial and industrial operations. We are not making an 
independent assessment of the plan's control measures against the 
RACM and RACT requirements, since the plan will meet RACM and RACT 
requirements if it is found to meet the BACM requirement.
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    By analogy to Title I Part C of the Clean Air Act relating to 
Prevention of Significant Deterioration (PSD), EPA interprets BACM for 
serious PM-10 areas as generally similar to the definition of Best 
Available Control Technology (BACT) for the PSD program. PM-10 BACM is 
therefore defined as ``the maximum degree of emissions reduction of PM-
10 and PM-10 precursors from a source * * * which is determined on a 
case-by-case basis, taking into account energy, environmental, and 
economic impacts and other costs, to be achievable for such source 
through application of production processes and available methods, 
systems, and techniques for control of each such pollutant.'' General 
Preamble Addendum, 59 FR 42010 (August 16, 1994).
    EPA exempts from the BACM requirement de minimis source categories, 
which do not contribute significantly to nonattainment. By analogy to 
the new source permit programs (40 CFR 51.165(b)), EPA has presumed 
that a source category contributes significantly to a violation of the 
24-hour PM-10 NAAQS if its impact at the location of expected violation 
would exceed 5 [mu]g/m3, and would contribute significantly to a 
violation of the annual PM-10 NAAQS if its impact at the time and 
location of the expected violation would exceed 1 [mu]g/m3. 59 FR 
42011. However, states must also review the potential to attain the PM-
10 NAAQS earlier through application of controls on anthropogenic 
sources below these general levels.
    SCAQMD identified significant categories as part of the BACM 
provisions of the 1994 plan. Appendix I-D (Best Available Control 
Measures--PM10 SIP for the South Coast Air Basin), Chapter 3, includes 
a calculation of the ambient impact of source categories at 5 
representative sampling sites in the South Coast, which were subject to 
source apportionment analysis. Table 3-2 shows source contribution to 
annual average concentrations of ammonium sulfate, ammonium nitrate, 
secondary carbon, and geological particulate. Table 3-3 shows 
contributions to 24-hour average concentrations for the same species. 
The Tables show that the following categories were clearly significant 
contributors with respect to both of the NAAQS: Paved road dust, 
unpaved road dust, construction and demolition, and motor vehicles. The 
SCAQMD noted that 3 other categories are slightly above the de minimis 
levels but, given emission uncertainties, may not be significant: Non-
farm equipment, non-utility internal combustion engines, and refinery 
boilers and heaters. These 3 source categories and most of the source 
categories that are below the de minimis levels were subject to 
stringent SCAQMD or CARB regulations, which helped keep PM-10 impact 
levels from these categories low, despite the large population and 
activity levels in the basin.
    CAA section 189(b)(1)(B) provides that BACM must be implemented 
within 4 years after the date the area is reclassified to serious. In 
the case of the South Coast, reclassification to serious became 
effective on January 8, 1993, so BACM implementation is required by 
January 8, 1997.
    Because the State has requested an extension of the PM-10 NAAQS 
attainment deadline pursuant to CAA section 188(e), the plan must 
include a demonstration that ``the plan for the area includes the most 
stringent measures that are included in the implementation plan of any 
State or are achieved in practice in any State, and can feasibly be 
implemented in the area.''
    Finally, the control measures in the serious area plan must be 
sufficient to achieve expeditious attainment by the applicable 
deadline.
2. Description of Control Measures
    The control measures in the 1997 PM-10 plan are described at length 
in Appendix IV-A (Stationary and Mobile Source Control Measures). To 
reduce secondary precursor emissions of PM-10 (notably NOX 
and, to a lesser extent, SOx, VOC, and ammonia), the 1997 
PM-10 plan relies on a large number of SCAQMD and CARB control 
measures, either as part of the base line emissions (this is primarily 
the case for measures which were fully adopted in regulatory form by 
1996) or as specific control measure commitments. The majority of these 
control measures have been approved in prior actions on South Coast 
ozone plans or on individual SCAQMD regulations submitted over the 
years.\7\
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    \7\ See, for example, our approval of the 1997 ozone plan and 
that plan's NOX and VOC control measure commitments, as 
amended in 1999 (65 FR 6091, February 8, 2000; 65 FR 18903, April 
10, 2000). We have approved the District's NOX and VOC 
regulations in separate rulemaking over the years. You may see 
copies of the approved rules at: http://www.epa.gov/region09/air/sips/. See also our approval of SCAQMD's fugitive dust regulations, 
Rules 403 (Fugitive Dust) and 1186 (PM-10 Emissions from Paved and 
Unpaved Roads and Livestock Operations), on August 11, 1998 (63 FR 
42786) and February 17, 2000 (65 FR 8057).
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    The 1997 plan also contains SCAQMD control measure commitments to 
reduce primary PM-10. These control measure commitments have not been 
previously approved and we are proposing approval of them at this time. 
Table 1 below, entitled ``South Coast PM-10 Control Measure 
Commitments,'' lists for each primary PM-10 control measure the SCAQMD 
commitments to adopt and implement the measure by specific dates to 
achieve particular emission reductions. A thorough discussion of each 
of the measures may be found in Appendix IV-A; the adoption and 
implementation dates are taken from Table 7-3 in the 1997 plan, Table 
2-1 in the 1999 amendments, and Attachment D in the 2002 status report; 
the emission reduction commitments are taken from the 1997 plan, 
Appendix V, Attachment A, and from the 2002 status report, Attachment 
D.

[[Page 77216]]



                             Table 1.--South Coast PM-10 Control Measure Commitments
                              [Emission reductions shown in tons per day of PM-10]
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                                                                Implementation   2003 emission    2006 emission
                   Measure                     Adoption  date        date          reductions       reductions
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BCM-01 Emission Reductions from Paved Roads              1997             1997            53.33            54.40
 (Rule 403).................................
BCM-06 Emission Reductions from Fugitive                 1997             1997             5.65             5.88
 Dust Sources to meet BACM Requirements
 (Rule 403).................................
BCM-03 Emission Reductions from Unpaved                  1997        1997-2006            10.49            15.21
 Roads & Parking Lot and Staging Areas (Rule
 403).......................................
BCM-04 Emission Reductions from Agricultural             1997           1997-9             0.03             0.03
 Activities (Rule 403)......................
CMB-09 Emission Reductions from Petroleum            \1\ 2002         \1\ 2006             0.00             0.48
 Fluid Catalytic Cracking Units.............
PRC-01 Emission Reductions from Woodworking          \1\ 2002         \1\ 2002             7.20             7.50
 Operations.................................
PRC-03 Emission Reductions from Restaurant         \1\ 2003-4       \1\ 2004-6             0.00             7.87
 Operations.................................
WST-01 Emission Reductions from Livestock            \2\ 2002         \2\ 2004             6.16            5.96
 Waste......................................
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\1\ These dates reflect changes made in the 2002 status report, amending the 1997 plan.
\2\ These dates reflect changes made in the 1999 amendments to the 1997 plan.

    In the 1994 and 1997 plans and in the appendices to the plans 
(e.g., 1994 plan, Appendix I-D), the District has provided extensive 
documentation on both the control measures included in the plan and 
those rejected. The documentation quantifies the costs of 
implementation, discusses the technological feasibility of control 
options, explains the schedule for expeditious implementation, and 
examines other factors as part of a comprehensive justification of the 
measures as reflecting BACM. As discussed above, the plans also include 
quantitative analyses of the South Coast emissions sources and a 
determination of which categories have ``significant'' impacts on PM-10 
concentrations.
    SCAQMD also reviewed the measures against the MSM criteria, in 
order to demonstrate that the plan reflects the most stringent measures 
that were included in the implementation plan of any State or were 
achieved in practice in any State, and can feasibly be implemented in 
the area. SCAQMD further analyzed all source categories and control 
approaches as part of an ``all feasible measures'' requirement of State 
law, and assessed on an international scale those potential control 
measures that could be adopted to attain the ozone NAAQS in the South 
Coast, the only ozone area in the country classified as extreme.
    We agree with the SCAQMD's conclusion that the District's control 
measures represent the most stringent measures at the time the plans 
were required to be submitted. The plans therefore demonstrate that 
BACM and MSM have been adopted for each of the significant source 
categories.\8\
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    \8\ The SCAQMD's analyses were performed in the months 
immediately prior to adoption and submittal of the 1994 and 1997 
plans, and so reflect information current at that time on the 
availability and applicability of control measures within the South 
Coast to address the BACM and MSM criteria. As part of the 2003 plan 
revision, SCAQMD intends to reassess BACM and MSM and adopt any 
measures directed by a new BACM or MSM evaluation. However, for 
purposes of our action on the submittals now before us, we are 
applying BACM and MSM tests appropriate at the time of the plans' 
submittal dates, when the BACM and serious area attainment plans 
were due. Because the statutory BACM implementation deadline will 
have passed for any new measures included in the 2003 plan revision, 
that plan must assure that BACM will be implemented ``as soon as 
possible.'' Delaney v. EPA, 898 F.2d 687, 691 (9th Cir. 1990). EPA 
has interpreted this requirement to be ``as soon as practicable.'' 
55 FR 36458, 36505 (September 9, 1990).
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3. Proposed Action on Control Measures
    We conclude that the submittals demonstrate that the control 
measures for each significant source category, and for de minimis 
categories as a whole, are consistent with the BACM requirement in 
terms of the timing, degree, and extent of the control program and 
reflect MSM at the time the plan was required to be submitted.
    We also conclude that the measures are sufficient to meet RFP and 
expeditious attainment provisions, as discussed below in sections II.D 
and II.F.
    We therefore propose to approve the control measures under CAA 
section 110(k)(3), as meeting the requirements of CAA sections 110(a), 
188(e), and 189(b)(1)(B). We are proposing to approve each of the 
control measure commitments to adopt and implement rules by specified 
dates and to achieve particular emission reductions by milestone years. 
Specifically, we are approving the SCAQMD's enforceable commitments in 
Table 1, taken from Attachment D to the 2002 status report, and the 
descriptions of the measures in Appendix IV-A of the 1997 plan, as 
amended by the 1999 amendments.

C. Contingency Measures

    The CAA requires that the SIP include contingency measures to be 
implemented if the area fails to meet progress requirements or to 
attain the NAAQS by the applicable deadline. In response to this 
provision, the 1997 plan includes contingency measures, 3 of which are 
specifically directed toward increasing reductions of primary PM-10: 
CTY-12--Emission Reductions from Paved Roads (Curb and Gutter/Chemical 
Stabilization); CTY-13--Further Emission Reductions from Construction 
and Demolition Activities; and CTY-14--Emission Reductions from 
Miscellaneous Sources (Weed Abatement). These measures are discussed at 
length in Appendix IV, Section 6, pages IV-6-25 through IV-6-33. Each 
measure has the potential to achieve significant further PM-10 
reductions and may be implemented quickly to cure a SIP shortfall.
    We conclude that the 1997 plan satisfies the contingency 
requirements, and propose to approve the SCAQMD's contingency measure 
commitments under CAA section 110(k)(3) as meeting the contingency 
provisions of CAA section 172(c)(9). Specifically, we are approving the 
contingency measure commitments as set forth in Section 6 of Appendix 
IV-A to the 1997 plan.

D. Reasonable Further Progress (RFP) and Milestones

    The plan must also include quantitative milestones which are to be 
achieved every 3 years until the area is redesignated to attainment, 
and show RFP toward attainment by the applicable attainment deadline. 
CAA section 189(c).
    The 1997 plan, as modified by the 2002 status report, includes 
enforceable schedules for implementation of the specified control 
measures resulting in

[[Page 77217]]

the emissions levels shown in Table 2--``South Coast PM-10 Reasonable 
Further Progress Milestones.'' Using the approaches discussed in 
Section II.F. below, the SCAQMD modeled the emissions levels for 2006 
to demonstrate attainment of both the 24-hour and annual PM-10 NAAQS.

   Table 2.--South Coast PM-10 Reasonable Further Progress Milestones
                  [Emissions are shown in tons per day]
------------------------------------------------------------------------
                       Pollutant                          2003     2006
------------------------------------------------------------------------
PM-10.................................................      310      301
NOX...................................................      748      635
SOX...................................................       64       67
VOC...................................................      747      623
------------------------------------------------------------------------

    EPA proposes to approve this annual schedule as meeting the RFP and 
milestone requirements of CAA section 189(c), since the schedule 
reflects expeditious implementation of BACM and expeditious attainment 
of the 24-hour and annual PM-10 NAAQS. We are approving the RFP and 
milestone provisions in the 1997 plan, Chapters 4 and 6, Appendix III, 
and Chapter 2 of Appendix V, as modified by the 2002 status report.

E. Attainment Demonstration

    The SIP must provide a detailed demonstration (including air 
quality modeling) that the specified control strategy will reduce PM-10 
emissions so that the standards will be attained as soon as practicable 
but no later than December 31, 2006, assuming final EPA approval of the 
attainment date extension. CAA section 189(b)(1)(A). EPA considers the 
area to be in attainment of the NAAQS if 24-hour concentrations are 150 
ug/m3 or less and the annual arithmetic mean is 50 ug/m3 or less. In 
the case of the South Coast, the attainment demonstration in the 1997 
PM-10 plan must analyze both the 24-hour and annual NAAQS, since the 
area has historically violated both NAAQS.
    Because of the complexity and diversity of the PM-10 problem in the 
South Coast, the SCAQMD decided to use a variety of modeling approaches 
to assess control scenarios and determine attainment of the 24-hour and 
annual PM-10 NAAQS: (1) Urban Airshed Modeling with Linear Chemistry 
Module (UAM/LC (Lurmann and Kumar 1996); (2) the Chemical Mass Balance 
(CMB) receptor model for source apportionment in the Basin; (3) the 
particle in cell (PIC) model developed by California Institute of 
Technology for determining sulfate and nitrate formation; and (4) UAM-
Aero (Kumar and Lurmann, 1996) for evaluating interactions of 
emissions, meteorology, and aerosol chemistry. The inputs and 
applications of each of these models are described in Chapter 2 of 
Appendix V (Modeling and Attainment Demonstrations) of the 1997 plan.
    The modeling results for 2000, 2006, and 2010 are presented in the 
1997 AQMP, Chapter 5 (Figures 5-3, 5-4, and 5-5), and on pages V-2-58 
to V-2-67 of Appendix V. The UAM/LC and CMB modeling predicts that the 
peak annual concentration in 2006 with implementation of controls will 
be 48.10 ug/m3, compared to the 50 ug/m3 annual PM-10 NAAQS. The 
speciated rollback analysis predicts peak concentrations of 47.10 ug/m3 
for 2006 with controls. The UAM/LC and CMB modeling predicts that the 
peak 24-hour concentration in 2006 with controls will be 142.9 ug/m3, 
while the speciated rollback analysis predicts 136.26 ug/m3, compared 
to the 150 ug/m3 24-hour PM-10 NAAQS.
    In contrast to other pollutants, we have not issued detailed 
modeling guidelines for PM-10, nor have we established minimum 
performance requirements for PM-10 modeling.\9\ We have reviewed the 
SCAQMD's modeling approaches for both primary PM-10 and secondary PM-
10, using both receptor modeling and dispersion modeling. We believe 
that the modeling in the 1997 plan provides a reasonable basis for 
linking emissions with air quality, for identifying an appropriate 
control strategy, and for determining whether the strategy delivers 
attainment for both the 24-hour and annual PM-10 NAAQS.
---------------------------------------------------------------------------

    \9\ Over the years, EPA has issued some recommendations on PM-10 
modeling, including those codified at 40 CFR part 51, appendix W, 
7.2.1 and 7.2.2, and those set forth in the PM-10 SIP Development 
Guideline (USEPA 450/2-860001, 6/87). Although we do not set minimum 
performance goals or require model performance evaluation for PM-10 
modeling, the SCAQMD included a performance evaluation for the UAM/
LC at each of the 5 study sites for sulfate, nitrate, ammonium, and 
primary PM-10 (1997 plan, Appendix V, pages V-2-52 to V-2-54). For 
the peak site, Rubidoux, the annual percent error is under 20 
percent for nitrate, ammonium, and primary PM-10, but is 42.9 
percent for sulfate. Sulfates, however, account for less than 5 ug/
m3 at each of the stations, and bias in the prediction performance 
is thus typically less than 2 ug/m3.
---------------------------------------------------------------------------

    The SCAQMD's modeling shows that the level of emissions after 
implementation of the proposed set of control strategies would result 
in ambient concentrations within the South Coast in 2006 consistent 
with attainment of both the 24-hour and annual PM-10 NAAQS. We 
therefore conclude that the air quality modeling and attainment 
demonstration contained in the 1997 plan, Chapter 5 and Appendix V, 
Chapter 2, are consistent with existing EPA guidance, and we propose to 
approve the attainment demonstration under CAA section 189(b)(1)(A).

F. Extension of the Attainment Deadline

    CAA section 188(e) allows states to apply for up to a 5-year 
extension of the serious area attainment deadline of December 31, 2001. 
In order to obtain the extension, there must be a showing that: (1) The 
plan for the area includes the most stringent measures that are 
included in the SIP of any state or are achieved in practice in any 
state, and can feasibly be implemented in the area, (2) the state 
complied with all requirements and commitments pertaining to the area 
in the implementation plan for the area, and (3) attainment by 2001 
would be impracticable.
    As discussed in section II.B. above, we propose to conclude that 
the South Coast PM-10 plans include BACM and MSM for each significant 
source category, and that the implementation schedule for each control 
measure is as expeditious as practicable. Attachment B to the 2002 
status report shows that the responsible agencies have generally met 
the SIP requirements and commitments. Although the adoption and 
implementation dates of some of the 1997 plan's scheduled measures have 
been revised, EPA agrees with the SCAQMD that SIP implementation has 
been satisfactory and changes in the schedule should not adversely 
affect air quality at the 2003 milestone or at the 2006 attainment 
date.
    Using UAM/LC and chemical mass balance modeling techniques 
discussed below in section II.E., the SCAQMD calculated 24-hour and 
annual PM10 concentrations in the year 2000 for the 5 representative 
sampling sites in the basin, with and without the plan control measures 
(1997 plan, Tables 2-17 and 2-19). The results show attainment at 4 of 
the sites but not at the Rubidoux site in northwestern Riverside 
County, where continued violations of both the 24-hour and annual NAAQS 
were predicted, despite aggressive implementation of BACM and MSM. 
Similar modeling analyses for 2006 show that additional emissions 
reductions from BACM and MSM, along with further emissions reductions 
from de minimis source categories, reduced ambient PM-10 concentrations 
further, bringing Rubidoux values slightly below both the 24-hour and 
annual PM-10 NAAQS. Based on this analysis, the SCAQMD determined that 
attainment

[[Page 77218]]

could not feasibly be achieved before 2006.
    We find that the SCAQMD has met the CAA provisions relating to 
attainment date extensions, and we propose to grant, under CAA section 
188(e), a 5-year attainment date extension to December 31, 2006, for 
attainment of both the 24-hour and annual PM-10 NAAQS, based on the 
demonstration provided in the 1997 plan in Chapters 5 and 6 and in 
Appendix V, Chapter 2.

G. Motor Vehicle Emission Budgets

    Rate of progress and attainment demonstration submittals must 
specify the maximum emissions of transportation-related precursors of 
PM-10 allowed in each milestone year and the attainment year. The 
submittals must also demonstrate that these emissions levels, when 
considered with emissions from all other sources, are consistent with 
RFP and attainment. In order for us to find these emissions levels or 
``budgets'' adequate and approvable, the submittal must meet the 
conformity adequacy provisions of 40 CFR 93.118(e)(4) and be approvable 
under all pertinent SIP requirements.
    The budgets defined by this and other plans when they are approved 
into the SIP or, in some cases, when the budgets are found to be 
adequate, are then used to determine the conformity of transportation 
plans, programs, and projects to the SIP, as described by CAA section 
176(c)(3)(A). For more detail on this part of the conformity 
requirements, see 40 CFR 93.118. For transportation conformity 
purposes, the cap on emissions of transportation-related PM-10 
precursors is known as the motor vehicle emissions budget. The budget 
must reflect all of the motor vehicle control measures contained in the 
attainment demonstration (40 CFR 93.118(e)(4)(v)), and must include PM-
10 and PM-10 precursor emissions from the following sources: motor 
vehicles, reentrained dust from traffic on paved and unpaved roads, and 
emissions during construction of highway and rail projects.\10\
---------------------------------------------------------------------------

    \10\ The conformity regulations provide that, for purposes of 
budgets and conformity determinations, the applicable pollutants are 
VOC, NOX, and PM-10 if the applicable implementation plan 
establishes a budget for such emissions as part of the RFP, 
attainment, or maintenance strategy, or EPA has made such a finding. 
40 CFR 91.102(b)(2)(iii). Thus, although the SCAQMD has established 
SOX as a PM-10 precursor in the South Coast and has set 
RFP and attainment reduction targets for SOX, the 
conformity regulations do not allow for SOX budgets. The 
conformity regulations require that, in PM-10 areas with SIPs which 
identify construction-related fugitive PM-10 as a contributor to the 
nonattainment problem, the PM-10 budget and conformity analysis must 
include fugitive PM-10 emissions associated with the construction of 
highway and transit projects. 40 CFR 93.122(d)(2).
---------------------------------------------------------------------------

    The motor vehicle emissions budgets are presented in Table 3 below, 
entitled ``South Coast PM-10 Plan Motor Vehicle Emissions Budgets,'' 
which is taken from Attachment C to the 2002 status report. Emission 
reductions attributed to transportation control measures (TCMs) in the 
SIP are shown as positive numbers, and emission increases associated 
with the TCMs are shown as negative numbers in Table 3; however, as 
noted, the TCM emissions impacts are incorporated in the motor vehicle 
emissions lines in the budgets.

    Table 3.--South Coast PM-10 Plan Motor Vehicle Emissions Budgets
                  [Emissions are shown in tons per day]
------------------------------------------------------------------------
        Year and Source Category           PM-10       NOX        VOC
------------------------------------------------------------------------
2003 Budget:
    Motor vehicles.....................       14.5      429.1      258.0
    Reentrained dust from paved roads..      130.6  .........  .........
    Reentrained dust from unpaved roads       41.9  .........  .........
    Construction of transportation            27.1  .........  .........
     projects..........................
                                        ------------
        Total..........................      214.1      419.1      258.0
        TCM reductions (already                0.1       -1.8        9.6
         included in budget)...........
2006 Budget:
    Motor vehicles.....................       13.7      350.2      187.2
    Reentrained dust from paved roads..      133.2  .........  .........
    Reentrained dust from unpaved roads       37.2  .........  .........
    Construction of transportation            28.1  .........  .........
     projects..........................
                                        ------------
        Total..........................      212.2      350.2      187.2
        TCM reductions (already                0.1       -2.3       14.7
         included in budget)...........
2010 Budget:
    Motor vehicles.....................       13.5      282.7       81.8
    Reentrained dust from paved roads..      136.7  .........  .........
    Reentrained dust from unpaved roads       37.2  .........  .........
    Construction of transportation            29.1  .........  .........
     projects..........................
                                        ------------
        Total..........................      216.5      282.7       81.8
        TCM reductions (already                0.2       -3.2       17.0
         included in budget)...........
2020 Budget:
    Motor vehicles.....................       14.6      272.3       56.3
    Reentrained dust from paved roads..      143.7  .........  .........
    Reentrained dust from unpaved roads       37.2  .........  .........
    Construction of transportion              30.0  .........  .........
     projects..........................
                                        ------------
        Total..........................      225.5      272.3       56.3
        TCM Reductions.................        0.5        7.2       11.4
------------------------------------------------------------------------

    As discussed above in section II.A., Emission Inventories, the 
motor vehicle emissions portion of these budgets (i.e., the evaporative 
and tailpipe emissions) was developed using the EMFAC 7G motor vehicle 
emissions factors.

[[Page 77219]]

    When the 2010 and 2020 budgets were adopted on April 10, 1998, 
SCAQMD submitted with the 1998 amendments a modeled demonstration that 
the emissions levels for motor vehicles reflected in the budgets, 
combined with emissions levels from all other PM-10 and PM-10 precursor 
emissions sources in the South Coast, would be consistent with 
maintenance of the 24-hour and annual PM-10 NAAQS. This demonstration 
was required in order to allow for approval of the budgets, since the 
budgets show a slight increase in emissions of primary PM-10 over the 
2006 attainment levels (an increase of 2 percent in 2010 and 6 percent 
in 2020). The demonstration showed that the increase in primary PM-10 
associated with motor vehicles is more than offset by decreases in 
emissions of secondary PM-10 precursors, resulting in projected 24-hour 
and annual concentrations below the predicted 2006 levels, which are 
below the NAAQS.
    We propose to approve the motor vehicle emission budgets as 
consistent with the adequacy criteria of 40 CFR 93.118(e)(4), including 
consistency with the baseline emissions inventories, the motor vehicle 
control measure emission reductions used in the progress and attainment 
demonstration, and the reductions needed for continued attainment of 
the standard after the attainment deadline. Specifically, we are 
approving the budgets in the 2002 status report, which are based on, 
and consistent with, the 1997 plan and the 1998 amendment.
    As discussed in section II.A., CARB is finalizing a revised version 
of EMFAC, and both CARB and SCAQMD have committed to adopt and submit a 
comprehensive revision to the PM-10 plan in Spring 2003, using the new 
EMFAC, incorporating the latest planning assumptions on vehicle fleet 
and age distribution, and incorporating the latest activity levels. 
This revised plan will include revised budgets, based on the new 
inventory and attainment demonstration. Assuming that these new budgets 
are adequate and approvable, the new budgets will soon replace the 
budgets in the current submittal.
    Since these revised budgets will be based on the most current and 
accurate motor vehicle emissions data, we intend to allow for expedited 
use of the updated budgets in transportation conformity determinations. 
Therefore, we propose to limit our proposed approval of the budgets in 
the current submittal to last only until we find adequate the new 
budgets that are expected to be adopted in Spring 2003 as part of the 
revised PM-10 plan for the South Coast. On the effective date of our 
adequacy finding for the new budgets, our approval of the budgets in 
the current submittal would terminate and thus the new adequate budget 
would apply for purposes of transportation conformity. We have 
separately promulgated a similar limitation on the approval of the 
existing South Coast ozone and nitrogen dioxide (NO2) 
budgets, in order to expedite use of new budgets associated with these 
pollutants in the 2003 plan revision for the South Coast. 67 FR 69139 
(November 15, 2002).

III. Summary of EPA's Proposed Action

    We are proposing to approve the serious area PM-10 SIP submitted by 
the State of California for the South Coast. Specifically, we are 
proposing to approve the 1994 and 1997 PM-10 plans, the 1998 and 1999 
amendments, and the 2002 status report with respect to the CAA 
requirements for emissions inventories under section 172(c)(3); control 
measures under section 110(k)(3), as meeting the requirements of 
sections 110(a), 188(e), and 189(b)(1)(B); RFP under section 189(c); 
contingency measures under section 172(c)(9); demonstration of 
attainment under section 189(b)(1)(A); and motor vehicle emissions 
budgets under section 176(c)(2)(A). We are proposing to limit our 
approval of the motor vehicle emissions budgets to last only until the 
effective date of our adequacy findings for new replacement budgets. We 
are also proposing to approve the State's request for an extension of 
the attainment date from December 31, 2001 to December 31, 2006, under 
CAA section 188(e). We show the proposed approvals in Table 4--
``Proposed Approvals of South Coast PM-10 Submittals.''

                          Table 4.--Proposed Approvals of South Coast PM-10 Submittals
----------------------------------------------------------------------------------------------------------------
           CAA section                     Provision                SIP submittal             Plan citation
----------------------------------------------------------------------------------------------------------------
172(c)(3)........................  Emission inventories.....  1997 plan...............  1997 plan Ch. 3; App.
                                                                                         III; App. V, Ch. 2
110(a), 188(e), and 189(b)(1)(B).  Control measures.........  1994 plan...............  1997 plan Ch. 4, App. IV-
                                                              1997 plan...............   A; 1999 plan, App. B;
                                                              1999 amendment..........   2002 status report,
                                                              2002 status report......   Att. D
189(c)...........................  Reasonable further         1997 plan...............  1997 plan, Ch. 4 & 6,
                                    progress.                 2002 status report......   App. III, App. V, Ch.
                                                                                         2; 2002 status report
172(c)(9)........................  Contingency measures.....  1997 plan...............  1997 plan, App. IV-A
189(b)(1)(A).....................  Attainment demonstration.  1997 plan...............  1997 plan, Ch. 5, App. V
176(c)(2)(A).....................  Motor vehicle emissions    1997 plan...............  2002 status report, Att.
                                    budgets.                  1998 amendment..........   C
                                                              2002 status report......
188(e)...........................  Attainment date extension  1997 plan...............  1997 plan, Ch. 5 & 6,
                                                                                         App. V, Ch. 2
----------------------------------------------------------------------------------------------------------------

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this proposed action is also not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This proposed action merely approves state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to 
approve pre-existing

[[Page 77220]]

requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely proposes to approve a 
state plan implementing a Federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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.

    Dated: December 6, 2002.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 02-31680 Filed 12-16-02; 8:45 am]
BILLING CODE 6560-50-P