[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Proposed Rules]
[Pages 14382-14388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7058]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CA-283-0392; FRL-7472-6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; 1-Hour Ozone Standard for 
Santa Barbara, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to redesignate the Santa Barbara County area 
to attainment for the 1-hour ozone National Ambient Air Quality 
Standard (NAAQS). EPA is also proposing to approve a 1-hour ozone 
maintenance plan and motor vehicle emissions budgets as revisions to 
the Santa Barbara portion of the California State Implementation Plan 
(SIP).

DATES: Comments on this proposed action must be received by April 24, 
2003.

ADDRESSES: Please address your comments to: Dave Jesson, EPA Region 9, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    You can inspect copies of the docket for this action at EPA's 
Region 9 office during normal business hours. You can also inspect 
copies of the submitted SIP revision at the following locations:

California Air Resources Board, 1001 I Street, Sacramento, CA 95814;
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, Suite B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region 9,(415) 972-
3957, or [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

I. Background

A. Santa Barbara Designation, Classification, SIPs, and Attainment

    When the Clean Air Act (CAA) was amended in 1990, each area of the 
country that was designated nonattainment for the 1-hour ozone NAAQS, 
including the Santa Barbara area, was classified by operation of law as 
marginal, moderate, serious, severe,

[[Page 14383]]

or extreme depending on the severity of the area's air quality problem. 
The Santa Barbara County nonattainment area (``Santa Barbara'') was 
designated under CAA section 107 as nonattainment, and classified under 
CAA section 181 as moderate for the 1-hour ozone NAAQS. See 40 CFR 
81.305 and 56 FR 56694 (November 6, 1991).
    The Santa Barbara County Air Pollution Control District (SBCAPCD) 
adopted a moderate area plan, intended to demonstrate attainment by the 
applicable deadline of November 15, 1996. The California Air Resources 
Board (CARB) timely submitted the plan in 1994, but later withdrew the 
attainment demonstration portion, since the area continued to violate 
the standard in 1996. We approved the remaining portion of the plan on 
January 8, 1997 (62 FR 1187).
    On December 10, 1997 (62 FR 65025), we determined that the area had 
not attained the 1-hour ozone standard by the 1996 deadline. As a 
result of that finding, Santa Barbara was reclassified to serious by 
operation of law under CAA section 181(b)(1)(A).
    Upon the area's reclassification to serious, CAA sections 181(a)(1) 
and 182(c)(2)(A) required the State to submit a revised plan 
demonstrating attainment as expeditiously as practicable but no later 
than November 15, 1999. In response, SBCAPCD adopted and CARB submitted 
a plan addressing the serious area requirements. EPA fully approved 
this plan on August 14, 2000 (65 FR 49499).
    Santa Barbara attained the 1-hour ozone NAAQS in 1999 and SBCAPCD 
adopted a 2001 Clean Air Plan (``2001 CAP'') on November 15, 2001, to 
address the Clean Air Act (CAA) section 175A provisions relating to 1-
hour ozone maintenance plans. On May 29, 2002, CARB submitted the 2001 
CAP, and requested that we make a finding of attainment for Santa 
Barbara and approve the contingency measures in the maintenance plan 
for the area. CARB indicated that the State would ask that we act on 
the remainder of the maintenance plan and redesignate the area to 
attainment when CARB requests our approval of an updated vehicle 
emissions factor model for use statewide in SIPs and transportation 
conformity analyses.
    On August 27, 2002 (67 FR 54963), we found that the Santa Barbara 
County nonattainment area (``Santa Barbara area'') had attained the 1-
hour ozone national ambient air quality standard (NAAQS) by the 
applicable deadline of November 15, 1999. In the same action, we also 
approved contingency measures in Santa Barbara's 2001 CAP under CAA 
section 110(k)(3). The proposed action contains more information on the 
finding of attainment and the contingency measures. 67 FR 44128, July 
1, 2002.
    On December 20, 2002, CARB transmitted for approval the State's 
latest update to the California-specific motor vehicle emissions model, 
known as EMFAC2002 (letter from Michael P. Kenny, CARB Executive 
Officer, to Jack Broadbent, Director, Air Division, EPA Region 9). On 
December 19, 2002, SBCAPCD adopted a minor revision to the 2001 CAP 
(``Final 2001 CAP''), amending the emissions inventory, maintenance 
demonstration, and motor vehicle emissions budgets to reflect 
EMFAC2002. On February 21, 2003, CARB submitted the Final 2001 CAP, as 
amended by the SBCAPCD, with a request that we approve the plan as 
meeting the CAA maintenance plan provisions and redesignate Santa 
Barbara to attainment for the 1-hour ozone NAAQS (letter from Catherine 
Witherspoon, CARB Executive Officer, to Wayne Nastri, Regional 
Administrator, EPA Region 9).

B. Clean Air Act Provisions for Maintenance Plans

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. The 
maintenance plan must provide for continued maintenance of the 
applicable NAAQS for at least 10 years after the area is redesignated 
to attainment (CAA section 175A(a)). To address the possibility of 
future NAAQS violations, the maintenance plan must contain contingency 
provisions that are adequate to assure prompt correction of a 
violation, and must include a requirement that the State will implement 
all measures with respect to the control of the air pollutant concerned 
which were contained in the State implementation plan for the area 
before redesignation of the area as an attainment area (CAA section 
175A(d)).
    We have issued maintenance plan and redesignation guidance, 
primarily in the ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990'' (``General Preamble,'' 57 FR 
13498, April 16, 1992); a September 4, 1992 memo from John Calcagni 
titled ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'' (``Calcagni memo''); a September 17, 1993 memo from 
Michael H. Shapiro titled ``State Implementation Plan (SIP) 
Requirements for Areas Submitting Requests for Redesignation to 
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
Quality Standards (NAAQS) on or after November 15, 1992''; and a 
November 30, 1993 memo from D. Kent Berry titled ``Use of Actual 
Emissions in the Maintenance Demonstrations for Ozone and Carbon 
Monoxide (CO) Nonattainment Areas.''
    The Calcagni memo provides that an ozone maintenance plan should 
address five elements: an attainment year emissions inventory (i.e., an 
inventory reflecting actual emissions when the area recorded 
attainment, and thus a level of emissions sufficient to attain the 1-
hour ozone NAAQS), a maintenance demonstration, provisions for 
continued operation of an appropriate air quality monitoring network, 
verification of continued maintenance, and contingency measures.

C. Clean Air Act Provisions for Redesignation

    CAA section 107(d)(3)(E) allows for redesignation providing that: 
(1) We determine, at the time of redesignation, that the area has 
attained the NAAQS; (2) we have fully approved the applicable 
implementation plan for the area under section 110(k); (3) we determine 
that the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the SIP, 
applicable Federal regulations, and other permanent and enforceable 
reductions; (4) we fully approve a maintenance plan for the area as 
meeting the requirements of section 175A; and, (5) the State containing 
such area has met all nonattainment area requirements applicable to the 
area under section 110 and part D. We have provided guidance on 
redesignation in the General Preamble and in the guidance memos cited 
above.

II. EPA Review of the Santa Barbara Maintenance Plan and Redesignation 
Request

A. Maintenance Plan

    As discussed above in section I.A., the 2001 CAP was initially 
submitted on May 29, 2002. SBCAPCD amended the plan on December 19, 
2002, by updating the motor vehicle emissions inventory portion, and 
CARB submitted the revised plan, known as the Final 2001 CAP, on 
February 21, 2003.\1\ The plan consists of 4 volumes, the plan itself 
and the following 3 appendices: Appendix A--Emission Inventory and 
Forecasting Documentation; Appendix

[[Page 14384]]

B--Stationary Source Control Measure Documentation; Appendix C--
Transportation Control Measures & On-Road Mobile Source Emissions 
Analysis.
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    \1\ On February 25, 2003, we found that this submittal met the 
completeness criteria in 40 CFR part 51, appendix V, including the 
requirement for proper public notice and adoption.
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    On December 20, 2002, CARB also submitted the new CARB motor 
vehicle emissions factor model, EMFAC2002.\2\ EMFAC2002 is used to 
prepare the on-road emission inventories in the plan. In early 2003, we 
expect to issue our conclusions regarding whether or not the EMFAC2002 
emission factor element is acceptable and would thus be required to be 
used in the future for purposes of SIP development and transportation 
conformity. CARB has provided us with information about the EMFAC2002 
revisions as they were being prepared and finalized, and we have 
preliminarily concluded for purposes of this proposed action that the 
emission factor element of EMFAC2002 is an improved and acceptable 
methodology for determining motor vehicle emissions. Assuming that we 
find that the updated emission factor model is acceptable, we propose 
to approve fully the emissions inventory, maintenance demonstration, 
motor vehicle emissions budgets in the Final 2002 CAP, and 
redesignation request, as discussed below. If we fail to find that the 
emission factor element is acceptable, we will not finalize these 
actions.
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    \2\ The EMFAC model is the California equivalent to EPA's 
national motor vehicle emissions model, the most recent version of 
which is MOBILE6. EMFAC2002 reflects new vehicle test data and 
quantification techniques to update and enhance the information in 
the most recent prior versions. For example, EMFAC2002 accounts for 
heavy-duty vehicle emissions during extended idling and during off-
cycle operation.
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1. Attainment Emissions Inventory
    The Final 2001 CAP includes 1999 attainment emissions inventories 
for Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX), which are used to forecast emissions for 2005, 2010, 
and 2015, taking into account future growth and changes in control 
factors.\3\ Four emissions inventories are presented for the attainment 
year and for the projected years: annual inventories for the onshore 
and for the Outer Continental Shelf (OCS), and planning (typical summer 
day) inventories for the onshore and for the OCS. The primary 
difference between the annual emissions inventories and the planning 
emissions inventories lies in the adjustment of annual emissions in the 
planning inventories to reflect summer seasonal variations, and the 
planning inventories' exclusion of natural sources (such as biogenics, 
oil and gas seeps, and wildfires), since those sources are not 
regulated.
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    \3\ The Santa Barbara 2001 CAP uses the term Reactive Organic 
Compounds (ROC) in place of the Federal terminology, VOC. The terms 
are essentially synonymous. Because VOC is the more common term, we 
use it in this notice.
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    The inventories use current and accurate methodologies, emissions 
factors, and survey information. The inventories represent actual 
emissions, with certain exceptions that are documented in the 
maintenance plan.\4\ For example, the projected emissions inventories 
include emission reduction credits (ERCs) in the SBCAPCD's Source 
Register (2001 CAP, page 6-2) and a projected growth conformity 
allowance for the Vandenberg Air Force Base (2001 CAP, page 6-5).\5\
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    \4\ Documentation on the emissions inventories appears in 
Appendix A of the Final 2001 CAP, which presents growth and control 
factors by source category and fuel type, and displays the impact of 
rules and control measures on each affected source category.
    \5\ Emissions added to the plan to accommodate the Airborne 
Laser (ABL) Mission are as follows: 2005-0.0552 tpd VOC, 0 tpd 
NOX; 2010 and 2015-0.0656 tpd VOC, 0.3602 tpd 
NOX. The 2001 CAP notes that the NOX growth 
allowance covers emissions increases from the ABL project that 
remain after application of 0.1265 emission reduction credits from 
the Source Register.
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    The 2001 Plan projects no growth in emissions from OCS oil and gas 
production activities, noting that any increased production would be 
permitted under the New Source Review (NSR) or Prevention of 
Significant Deterioration (PSD) regulations, and therefore any 
potential increase in emissions would need to be offset to provide a 
net emission benefit from the new OCS activity.
    The onroad emissions inventories employ the new CARB motor vehicle 
emissions factor model, EMFAC2002. The motor vehicle inventories use 
the latest planning activity levels, including data generated by the 
Santa Barbara County Association of Government's Santa Barbara Travel 
Model, and updated county-specific vehicle data from the California 
Department of Motor Vehicles.
    As discussed above, we expect to issue our conclusions regarding 
whether or not the emission factor element of EMFAC2002 is acceptable 
in the near future. Assuming that we find that the updated element is 
acceptable, we propose to approve fully the emissions inventories under 
CAA sections 172(c)(3) and 175A, since the inventories are complete, 
consistent with our most recent guidance, and reflect the latest 
information available at the time of plan preparation. However, if we 
fail to find that the emission factor element of the model is adequate, 
we will not finalize this proposed approval.
2. Maintenance Demonstration
    Original maintenance plans must show how the NAAQS will be 
maintained for the next 10 years following redesignation to attainment. 
This is generally performed by assuming that the emissions levels at 
the time attainment is achieved constitute a limit on the emissions 
that can be accommodated without violating the NAAQS. In the case of 
this plan, projected VOC and NOX emissions for 2010 and 2015 
show continued attainment, since emissions levels of both of the ozone 
precursors are below 1999 levels. Table 1 below shows baseline and 
projected summer day emissions levels from both onshore and OCS 
sources.

   Table 1.--Santa Barbara County Maintenance Demonstration Summer Day
                        Emissions in Tons per Day
            [Source: Santa Barbara Final 2001 Clean Air Plan]
------------------------------------------------------------------------
                          Year                              VOC     NOX
------------------------------------------------------------------------
1999....................................................   43.69   77.64
2005....................................................   35.52   75.23
2010....................................................   30.97   74.04
2015....................................................   29.54   77.55
------------------------------------------------------------------------

    Maintenance is demonstrated since emissions of both ozone 
precursors decline from the 1999 attainment year inventory: VOC 
emissions are reduced by 14 tpd (approximately 32 percent) from 1999 to 
2015, and NOX emissions are reduced by 3.6 tpd by 2010 
(approximately 5 percent), but are essentially unchanged (a decrease of 
0.09 tpd or less than 1 percent) by 2015. Increasingly stringent 
California and Federal motor vehicle emissions standards and fleet 
turnover account for the bulk of the inventory reductions, and the 
remaining emissions reductions come from fully adopted, permanent, and 
enforceable State, local, and Federal regulations.
    NOX emissions are predicted to decline only slightly 
(less than 1 percent) by 2015, since the onshore reductions are almost 
eliminated by the 68 percent increase in OCS emissions associated with 
growth in international marine vessel activities. The SBCAPCD notes 
that additional actions by the federal government and EPA will be 
required to reduce the marine vessel emission increases. Final 2001 
CAP, pages 7-9 through 7-11. While the plan does demonstrate 
maintenance despite projected growth in ship emissions, we

[[Page 14385]]

are working with SBCAPCD, CARB, and other stakeholders to identify and 
implement programs that can reduce emissions from marine vessels.
    Assuming that we find that the emission factor element of EMFAC2002 
is adequate, we propose to approve the maintenance demonstration under 
CAA section 175A(a), since the plan shows that emissions will remain 
below attainment levels due to the projected impact of fully adopted, 
permanent, and enforceable regulations. If we fail to find that the 
EMFAC2002 emission factor element is acceptable, we will not finalize 
this proposed action.
3. Continued Ambient Monitoring
    The maintenance plan needs to contain provisions for continued 
operation of an air quality monitoring network that meets the 
provisions of 40 CFR part 58 and will verify continued attainment. The 
maintenance plan indicates that SBCAPCD will use air quality data from 
all monitoring stations in the County to track attainment status, and 
that the District will prepare annual design value summaries to verify 
maintenance of the NAAQS. Final 2001 CAP, page 7-11. This SBCAPCD 
commitment meets the continued monitoring provision.
4. Verification of Continued Attainment
    The maintenance plan needs to show how the responsible agencies 
will track progress, and the plan should specifically provide for 
periodic inventory updates. The Santa Barbara maintenance plan 
indicates that SBCAPCD will meet this obligation through triennial 
updates to the area's attainment plan for the more protective State 1-
hour ozone standard, which are mandated by the California Clean Air 
Act. These updates include assessments of the effectiveness of the 
control strategy, corrections for deficiencies in meeting progress 
requirements under State law, and new emissions inventory data or 
projections. We agree with the SBCAPCD that the triennial updates will 
meet our provisions for verification of continued attainment.
5. Contingency Provisions
    CAA section 175A(d) provides that maintenance plans include 
contingency provisions ``necessary to assure that the State will 
promptly correct any violation of the standard * * *. Such provisions 
shall include a requirement that the State will implement all measures 
with respect to the control of the air pollutant concerned which were 
contained in the State implementation plan for the area before 
redesignation of the area as an attainment area.''
    As noted above in Section I.A., we have already approved and made 
federally enforceable the contingency measures in Santa Barbara's 2001 
CAP on August 27, 2002 (67 FR 54963). In that rulemaking, we approved 8 
contingency measures under CAA section 110(k)(3) because these measures 
strengthened the existing SIP. These measures are listed below in Table 
2, ``Contingency Measures.''

                                         Table 2.--Contingency Measures
                                 [Source: Final 2001 Clean Air Plan, Table 4-3]
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                                                                                        Emission reductions in
                                                                                        tons per day (with full
             Rule                  CAP control         Description         Adoption         implementation)
                                   measure ID                              schedule  ---------------------------
                                                                                           VOC           NOX
----------------------------------------------------------------------------------------------------------------
323...........................  R-SC-1..........  Architectural            2001-2003        0.0998        0
                                                   Coatings (Revision).
333...........................  N-IC-1..........  Stationary IC Engines    2002-2003        0.0008        0.0128
                                N-IC-3..........
360...........................  N-XC-2..........  Large Water Heaters &    2001-2003        0         \1\ 0.0133
                                                   Small Boilers, Steam
                                                   Generators, Process
                                                   Heaters (75,000 Btu/
                                                   hr to <2 MMBtu/hr).
321...........................  R-SL-1..........  Solvent Degreasers       2004-2006        0.0562        0
                                                   (Revision).
362...........................  R-SL-2..........  Solvent cleaning         2004-2006        1.0103        0
                                                   operations.
363...........................  N-IC-2..........  Gas Turbines.........    2004-2006        0             0
358...........................  R-SL-4..........  Electronic Industry--    2007-2009     \2\0.0026        0
                                                   Semiconductor
                                                   Manufacturing.
361...........................  N-XC-4..........  Small Industrial and     2007-2009        0         \3\ 0.0028 
                                                   Commercial Boilers,
                                                   Steam Generators,
                                                   and Process Heaters
                                                   (2 MMBtu/hr to <5
                                                   MMBtu/hr).
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\1\ This is with 15% implementation, the highest implementation figure available from the District's analysis.
\2\ The data shown are for source classification code (SCC) number 3-13-065-06 only. The emission data for the
  SCC numbers and the category of emission source (CES) numbers subject to Rule 358 are included in the Rule 321
  or Rule 361 emission reduction summaries.
\3\ The emission reductions shown are based on Rule 361 being a point-of-sale type rule.

    When we approved these measures, the State had not yet submitted 
the Final 2001 CAP for approval under CAA section 175A, and so we did 
not rule on whether the contingency measures and other contingency 
provisions met the specific requirements of CAA section 175A(d).
    The CAA and EPA's guidance on contingency provisions in maintenance 
plans do not require that the contingency measures be fully adopted 
(unlike the requirement for contingency measures in attainment plans), 
but that the maintenance plan should have a clear trigger and should 
provide for expedient adoption of measures sufficient to correct the 
violation promptly.
    The Santa Barbara maintenance plan includes schedules for adopting 
the contingency measures as shown in Table 2, and the plan also 
includes a commitment by the SBCAPCD to evaluate and expedite rule 
adoption process in coordination with USEPA if the area experiences a 
violation of the Federal 1-hour ozone NAAQS prior to 2015 (Final 2001 
CAP, page 7-12). Moreover, SBCAPCD has committed to take expeditious 
action following a violation to ensure that measures are implemented 
promptly to correct the violation (SBCAPCD Resolution No. 02-18, 
December 19, 2002).
6. Motor Vehicle Emissions Budgets
    Maintenance plan submittals must specify the maximum emissions of 
transportation-related precursors of ozone allowed in the last year of 
the maintenance period. The submittals must also demonstrate that these 
emissions levels, when considered with emissions from all other 
sources, are

[[Page 14386]]

consistent with maintenance of the NAAQS. 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 
(5), 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 ozone 
precursors is known as the motor vehicle emissions budget. The budget 
must reflect all of the motor vehicle control measures contained in the 
maintenance demonstration (40 CFR 93.118(e)(4)(v)).
    The motor vehicle emissions budgets are presented in Table 3 below, 
entitled ``Santa Barbara Revised 2001 Clean Air Plan Motor Vehicle 
Emissions Budgets,'' which is taken from section 5.4 of the Final 2001 
CAP.

     Table 3.--Santa Barbara Final 2001 Clean Air Plan Motor Vehicle
                            Emissions Budgets
                  [Emissions are shown in tons per day]
------------------------------------------------------------------------
              Year                        NOX                 VOC
------------------------------------------------------------------------
2005 Budget.....................  19.59.............  11.91
2015 Budget.....................   9.75.............  5.90
------------------------------------------------------------------------

    As discussed above, the motor vehicle emissions portion of these 
budgets (i.e., the evaporative and tailpipe emissions) was developed 
using EMFAC2002 and updated county-specific vehicle data, including the 
latest Santa Barbara County planning assumptions on vehicle fleet and 
age distribution and activity levels. Assuming that we find the 
EMFAC2002 emission factor model is acceptable, we propose to approve 
the motor vehicle emission budgets as consistent with the criteria of 
40 CFR 93.118(e)(4) and (5), including consistency with the baseline 
emissions inventories and the motor vehicle emissions used in the 
maintenance demonstration. If we do not find that the EMFAC2002 
emission factor model is acceptable, we would not finalize the proposed 
approval of the budgets.

B. Redesignation Provisions

1. Attainment of the 1-Hour Ozone NAAQS
    On August 27, 2002 (67 FR 54963), EPA issued a final determination 
that Santa Barbara County had attained the 1-hour ozone NAAQS by the 
CAA deadline of November 15, 1999. This finding was based on our 
conclusion that the design value for each monitor in the County for the 
period 1997-1999 was equal to or less than 0.12 ppm, and the average 
number of expected exceedance days per year was 1.0 or less for each 
monitor during that period. We also concluded that the ozone monitoring 
network for the area continued to meet or exceed applicable 
requirements. See the discussion in our proposed determination of 
attainment published on July 1, 2002 (67 FR 44128).
    We have now looked at exceedance days and design values for each 
monitor for more recent 3-year periods, 1999-2001 and 2000-2002. These 
data are presented in Table 4, entitled Average Number of Ozone 
Exceedance Days per Year and Design Values by Monitor in Santa Barbara 
County, 1999-2001 and 2000-2002.'' As noted, not all data for the 4th 
quarter of 2002 have yet been quality assured and entered into EPA's 
Aerometric Information Retrieval System-Air Quality Subsystem (AIRS-
AQS) database.

Table 4.--Average Number of Ozone Exceedance Days per Year and Design Values by Monitor in Santa Barbara County,
                                             1999-2001 and 2000-2002
----------------------------------------------------------------------------------------------------------------
                                                                   1999-2001                   2000-2002
                                                         -------------------------------------------------------
                                                             Average                     Average
                        Site \1\                            number of                   number of
                                                           exceedance    Site design   exceedance    Site design
                                                            days per     value (ppm)    days per     value (ppm)
                                                              year                        year
----------------------------------------------------------------------------------------------------------------
El Capitan St (SLAMS)...................................           0           0.088           0           0.087
Goleta (SLAMS)..........................................           0           0.080           0           0.079
Lompoc H Street (SLAMS).................................           0           0.076           0           0.074
Santa Barbara \2\ (SLAMS)...............................           0           0.081           0           0.080
Santa Maria (SLAMS).....................................           0           0.064           0           0.064
Santa Ynez (SLAMS)......................................           0           0.079           0           0.082
Santa Rosa Island (Nat. Park)...........................           0           0.086           0           0.079
Carpinteria (SPM).......................................           0           0.094           0           0.088
GTC B (SPM).............................................           0           0.085           0           0.085
Lompoc HS&P (SPM).......................................           0           0.083           0           0.081
Paradise Road (SPM).....................................           0           0.101           0           0.101
Las Flores Canyon (Site 1) (SPM)........................           0.7         0.098           0.3         0.097
Vandenburg AFB STS (SPM)................................           0           0.081           0           0.079 
----------------------------------------------------------------------------------------------------------------
Note 1: State or Local Air Monitoring Stations (SLAMS) are operated by SBCAPCD or CARB, while special purpose
  monitors (SPMs) are operated independently by certain permitted stationary sources in the county under the
  oversight of the SBCAPCD. All data produced by these SPMs are submitted to EPA's Aerometric Information
  Retrieval System-Air Quality Subsystem (AIRS-AQS) database.
Note 2: The Santa Barbara monitor (at 3 W. Carrillo Street) was shut down from 11/1/00 through 5/23/01, and from
  2/1/02 through 5/1/02. The monitor recorded essentially complete data for the period 1997-1999 and during this
  period the peak concentration was 0.098 ppm. No exceedances have been recorded at the monitor since 1992.

    As shown in Table 4, the highest design value at any monitor for 
1999-2001 and for 2000-2002, and thus the design value for the Santa 
Barbara area for those periods, is below 0.12 ppm. No monitor in the 
Santa Barbara area

[[Page 14387]]

recorded an average of more than 1 exceedance of the 1-hour ozone 
standard per year during the 1999-2001 and 2000-2002 periods.
    Because the area's design value is below the 1-hour ozone standard 
of 0.12 ppm and the area has averaged less than 1 exceedance per year 
at each monitor for the 1999-2001 and 2001-2002 periods, we propose to 
conclude that the Santa Barbara area has met this prerequisite to 
redesignation because the area has attained and continues to attain the 
1-hour ozone standard.
2. Fully Approved Implementation Plan Under CAA Section 110(k)
    Following adoption of the CAA of 1970, California has adopted and 
submitted and we have fully approved at various times provisions 
addressing the various SIP elements applicable in Santa Barbara County. 
No Santa Barbara SIP provisions are currently disapproved, 
conditionally approved, or partially approved.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
    Section 7.4 of the Final 2001 CAP includes analyses demonstrating 
that the reductions in ozone concentrations cannot be attributed to 
reduced activity levels or favorable meteorology, but are rather due to 
permanent and enforceable measures, such as those discussed in Chapters 
4 and 5 of the Final 2001 CAP. The plan shows a steady increase in 
vehicle miles traveled from 1995 through 1999, reflective of continued 
activity growth in the area. The plan also lists mean temperature 
during April to October for each year from 1990 through 2000, and 
compares these values with the 74-year April to October average. There 
were a variety of weather conditions during the period when the County 
had attained the NAAQS, suggesting that anomalous weather does not 
account for attainment.
4. Fully Approved Maintenance Plan
    In section II.A., above, we are proposing to approve fully the 
Final 2001 CAP as meeting the CAA section 175A provisions for 
maintenance plans, assuming that we find that the EMFAC2002 emission 
factor element is adequate.
5. CAA Section 110 and Part D Provisions Satisfied
    We approved Santa Barbara's 1994 ozone SIP on January 8, 1997 (62 
FR 1187) with respect to CAA section 110 and Part D provisions 
applicable to a moderate nonattainment area, with the exception of the 
attainment demonstration, which the State had withdrawn. Following our 
reclassification of Santa Barbara to serious, Santa Barbara adopted and 
the State submitted a plan addressing CAA section 110 and Part D 
provisions applicable to a serious nonattainment area, including the 
demonstration of attainment. We fully approved this plan on August 14, 
2000 (65 FR 49499).

III. EPA Action

    We are proposing to approve the Santa Barbara Final 2001 CAP under 
CAA sections 175A and 110(k)(3). As discussed above in section I.A., we 
have previously approved the contingency measures under CAA section 
110(k)(3); we are now proposing to approve them as meeting the 
requirements of CAA section 175A(d). We are proposing to approve the 
2005 and 2015 VOC and NOX motor vehicle emissions budgets in 
Table 5-5 under CAA sections 176(c) as adequate for maintenance of the 
1-hour ozone NAAQS and for transportation conformity purposes. Finally, 
we are proposing to redesignate Santa Barbara to attainment for the 1-
hour ozone standard under CAA section 107(d)(3)(E). As we have 
discussed, however, we would not finalize these actions if we fail to 
conclude that the emission factor element of EMFAC2002 is acceptable.

IV. Statutory and Executive Order Reviews

    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 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 proposes to approve 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 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 proposed 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 rule 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 14388]]


    Dated: March 6, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 03-7058 Filed 3-24-03; 8:45 am]
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