[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69081-69085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22463]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-314-0483; FRL-7975-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action 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 and 
the Coachella Valley Area, and to establish emissions budgets for these 
areas for purposes of transportation conformity. EPA is also approving 
revisions to fugitive dust regulations and ordinances for the areas. 
EPA is approving these 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: This rule is effective on December 14, 2005.

ADDRESSES: You can inspect copies of the docket for this action at 
EPA's Region IX office during normal business hours by appointment at 
the following location: EPA Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901. A 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.

    The 2003 Air Quality Management Plan, which includes the South 
Coast PM10 plan, is electronically available at: http://www.aqmd.gov/aqmp/AQMD03AQMP.htm
    The 2003 Coachella Valley PM10 State Implementation Plan is at: 
http://www.aqmd.gov/aqmp/docs/f2003cvsip.pdf
    The fugitive dust rules are at: http://www.aqmd.gov/rules/rulesreg.html

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

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

Table of Contents

I. Summary of Proposed Action
II. Public Comments
III. EPA Action
IV. Administrative Requirements

I. Summary of Proposed Action

    On July 28, 2005 (70 FR 43663), we proposed to approve 2003 plan 
amendments for the South Coast Air Basin (or ``South Coast''), as the 
plan amendments pertain to attainment of the 24-hour and annual PM-10 
NAAQS.\1\ We also proposed to approve revisions to the PM-10 plan for 
the Coachella Valley Planning Area (``Coachella Valley'').\2\ We 
proposed to approve the plans'' PM-10 motor vehicle emissions budgets 
for purposes of transportation conformity. Finally, we proposed to 
approve revisions to Rules 403, 403.1, and 1186 of the South

[[Page 69082]]

Coast Air Quality Management District (SCAQMD) regulating fugitive dust 
emissions, and revised fugitive dust ordinances for Coachella Valley 
jurisdictions. These revisions update, improve, strengthen, and 
supplement the approved SIP provisions for control of PM-10 and PM-10 
precursors in the two areas.
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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.
    \2\ The Coachella Valley Planning Area is in central Riverside 
County in the Salton Sea Air Basin. The boundary is defined at 40 
CFR 81.305.
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    Our proposal was based on the following SIP submittals by the State 
of California:
    (1) That portion of the 2003 South Coast Air Quality Management 
Plan (``2003 South Coast AQMP''), including motor vehicle emissions 
budgets, adopted by the SCAQMD on August 1, 2003, and submitted to us 
on January 9, 2004, that pertains to PM-10;
    (2) the 2003 Coachella Valley PM10 State Implementation Plan 
(``2003 Coachella Valley Plan''), including motor vehicle emissions 
budgets, adopted by the SCAQMD on August 1, 2003, and submitted to us 
on January 9, 2004;
    (3) revisions to Rules 403, 403.1, and 1186, adopted by SCAQMD on 
April 2, 2004, and submitted by CARB on July 29, 2004;
    (4) revisions to the implementation handbooks for Rules 403 and 
403.1, adopted by SCAQMD on April 2, 2004, and submitted by CARB on 
November 16, 2004; and
    (5) revised Coachella Valley ordinances, which were adopted by the 
local jurisdictions on various dates in 2003 and 2004, and submitted by 
CARB on November 16, 2004.
    Our proposal contains detailed information on these SIP submittals 
and our evaluation of the submittals against applicable CAA provisions 
and EPA policies relating to serious area PM-10 SIPs.

II. Public Comments

    We received two public comments. The first comment was from SCAQMD 
(e-mail from Jill Whynot, dated August 26, 2005), requesting that we 
annotate Table 1 (``South Coast PM-10 Control Measures''), with a 
footnote updating information on certain of the measures, and Table 2 
(``South Coast Emission Reduction Commitments), with a footnote 
providing an update on the implementation of measure CMB-07. We have 
inserted new footnote 3 in Table 1 and new footnote 1 in Table 2, 
below, as requested by SCAQMD.
    With respect to the note on Table 1, the SCAQMD referenced material 
provided on Agenda Item 39 for the December 3, 2004 Governing 
Board meeting.\3\ The PRC-03 emission reduction commitment for under-
fired charbroilers was projected to be 0.2 tons per day (tpd) of PM-10 
by 2006 and 1.0 tpd by 2010. Substitute reductions come from the 
implementation of Rules 1186 and 403. The reductions in excess of the 
AQMP commitment are estimated to be 0.7 tpd starting in 2005 for Rule 
403 and 0.28 tpd for Rule 1186 starting in 2006, for a total of 0.98 
tpd of PM-10. With growth factors applied, the reduction is estimated 
to be 1.04 tpd of PM-10 in 2010. Emission reductions from these two 
rules are not counted in the 2003 South Coast AQMP, and thus 0.28 tpd 
in 2006 and 1.0 tpd of PM-10 reductions in 2010 may be substituted for 
the SIP commitment for PRC-03. This ensures that the plan will continue 
to meet the requirements for reasonable further progress and 
attainment.
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    \3\ This supplemental information is incorporated in the Docket 
for this rulemaking and it is also available electronically at: 
http://www.aqmd.gov/hb/2004/041239a.html

              Table 1.--South Coast PM-10 Control Measures
             [Source: South Coast 2003 AQMP, Appendix IV-A]
------------------------------------------------------------------------
                                                          2006 reduction
      Control measure No.         Control measure title   target in tons
                                                              per day
------------------------------------------------------------------------
                   Remaining 2002 SIP Control Measures
------------------------------------------------------------------------
CMB-07.........................  Emission Reductions                 2.1
                                  from Petroleum
                                  Refinery Flares (SOx).
CMB-09 \1\.....................  Petroleum Refinery               0.1, 0
                                  Fluid Catalytic
                                  Cracking Units (PM-10,
                                  NH3).
WST-01 \1\.....................  Emission Reductions            4.2, 8.7
                                  from Livestock Waste
                                  (VOC, NH3).
WST-02 \1\.....................  Emission Reductions            1.2, 1.9
                                  from Composting (VOC,
                                  NH3).
PRC-03 (P2)....................  Emission Reductions                 0.2
                                  from Restaurant
                                  Operations (PM-10) \3\.
--------------------------------
                          New Control Measures
------------------------------------------------------------------------
BCM-07 \1\.....................  Further PM10 Reductions             TBD
                                  from Fugitive Dust
                                  Sources (PM-10).
BCM-08 \1\.....................  Further Emission                    0.6
                                  Reductions from
                                  Aggregate and Cement
                                  Manufacturing
                                  Operations (PM-10).
MSC-04.........................  Miscellaneous Ammonia               TBD
                                  Sources (NH3).
MSC-06.........................  Wood-Burning Fireplaces             TBD
                                  and Wood Stoves (PM-
                                  10).
TCB-01 \2\.....................  Transportation                       0
                                  Conformity Backstop
                                  Measure (PM-10).
------------------------------------------------------------------------
\1\ These measures have already been adopted by SCAQMD. Revisions to
  Rules 403 and 1186 fulfill BCM-07; new Rule 1127 (Emission Reductions
  from Livestock Waste, adopted 8/6/04) addresses WST-01; new Rule
  1133.2 (Emission Reductions from Co-Composting Operations, adopted 1/
  10/03) responds to WST-02 commitments; new Rule 1105.1 (Reduction of
  PM-10 and Ammonia Emissions from Fluid Catalytic Cracking Units,
  adopted 11/7/03) meets the CMB-09 commitment; and new Rule 1157 (PM-10
  Emissions Reductions from Aggregate and Related Operations, adopted 1/
  07/05) fulfills the BCM-08 commitment.
\2\ This measure, which is intended to achieve reductions in PM-10 after
  the 2006 attainment date, is discussed below and in Section II.G.,
  Motor Vehicle Emission Budgets.
\3\ In December 2004, the SCAQMD Governing Board made a finding at a
  public hearing that further reductions for this category were
  infeasible at this time. Emission reductions from Rules 403--Fugitive
  Dust, and 1186--PM-10 Emissions from Paved and Unpaved Roads, and
  Livestock Operations, were substituted for the emission reduction
  commitments for PRC-03.


[[Page 69083]]


Table 2.--South Coast Emission Reduction Commitments--Commitments To Adopt and Implement New Measures To Achieve
                        Emission Reductions in Tons per Day From 2010 Planning Inventory
                                   [Source: South Coast 2003 AQMP, Table 4-8A]
----------------------------------------------------------------------------------------------------------------
                                          VOC                PM-10                NOX               SOX\1\
              Year               -------------------------------------------------------------------------------
                                    Adopt     Impl      Adopt      Impl      Adopt     Impl     Adopt     Impl
----------------------------------------------------------------------------------------------------------------
2004............................       2.0       0         1.7       0          3.0        0       2.1       0
2005............................       2.0       0         0         0.16       2.1        0       0         2.1
2006............................       0         4.8       0         0.86       0          0       0        0
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\1\ Compliance reports from the current version of Rule 1118--Emissions from Refinery Flares, show that these
  emission reductions have already been achieved since 2003. Amendments to Rule 1118 currently being developed,
  and scheduled for consideration by the SCAQMD Governing Board in 2005, would maintain the current reductions
  and seek additional reductions.

    As noted in our proposal, the 2003 Coachella Valley Plan contains 
no new control measure commitments, but relies on the adopted revisions 
to Rules 403 and 403.1 and the local ordinances.
    The second comment was from CARB (letter from Cynthia Marvin, dated 
August 29, 2005). CARB pointed out that Table 8 (``Proposed Approvals 
of South Coast and Coachella Valley PM-10 Attainment Plan Submittals'') 
contains a typographical error, in referencing contingency measure CTY-
04. We have corrected this error in Table 3 (``Approvals of South Coast 
and Coachella Valley PM-10 Attainment Plan Submittals'') in section III 
below, by indicating that the approved contingency measure is CTY-14.
    CARB also asked that we note that the 2003 South Coast AQMP 
description of contingency measures CTY-01--Accelerated Implementation 
of Control Measures, and TCB-01--Transportation Conformity Budget 
Backstop Measure incorrectly lists CARB as an implementing agency. We 
have added a new footnote 1 to Table 3 below, to indicate that these 
two contingency measures do not apply to CARB.

III. EPA Action

    In this document, we are finalizing the actions on the submittals 
referenced above. We are approving revisions to SCAQMD Rules 403 
(except for subdivision h), 403.1 (except for subdivision j), and 1186 
regulating fugitive dust emissions; revisions to the implementation 
handbooks for the rules (Rule 403 Implementation Handbook, Chapters 5, 
7, and 8; Rule 403 Coachella Valley Agricultural Handbook; Rule 403.1 
Implementation Handbook, Chapters 2, 3, 4, and 7); and revisions to the 
fugitive dust ordinances for 10 Coachella Valley jurisdictions. These 
revisions update, improve, strengthen, supplement, and replace the SIP 
provisions for control of PM-10 and PM-10 precursors in the two areas.
    We are approving the 2003 plan amendments to the 2002 SIPs for the 
South Coast and Coachella Valley serious nonattainment areas, as the 
plan amendments pertain to CAA provisions applicable to attainment SIPs 
for the 24-hour and annual PM-10 NAAQS. Specifically, we are approving 
under section 110(k)(3) the PM-10 portions of the 2003 South Coast AQMP 
and the 2003 Coachella Valley Plan with respect to the CAA requirements 
for emissions inventories under section 172(c)(3); control measures, as 
meeting the requirements of sections 110(a), 188(e), and 189(b)(1)(B); 
reasonable further progress under section 189(c)(1); 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).
    The South Coast and Coachella Valley budgets are displayed in our 
proposed approval as tables 6 and 7 respectively, at 70 FR 43672. We 
have previously determined that these budgets are adequate (see 69 FR 
15325, March 25, 2004), following posting of the budgets on EPA's 
conformity Web site: http://www.epa.gov/ otaq/transp/ conform/ 
reg9sips.htm.
    We show the plan approvals in Table 3--``Approvals of South Coast 
and Coachella Valley PM-10 Attainment Plan Submittals.''

            Table 3.--Approvals of South Coast and Coachella Valley PM-10 Attainment Plan Submittals
----------------------------------------------------------------------------------------------------------------
                                                                                  Plan Citation
             CAA Section                      Provision        -------------------------------------------------
                                                                      South Coast            Coachella Valley
----------------------------------------------------------------------------------------------------------------
172(c)(3)............................  Emission Inventories...  2003 South Coast AQMP,   2003 Coachella Valley
                                                                 Chapter 3 (Tables 3-1A   Plan, Tables 2-2, 2-3,
                                                                 and 3-3A); Appendix      2-4, and 2-5.
                                                                 III (Tables A-1, A-2,
                                                                 A-3, A-5, and A-7);
                                                                 and Appendix V
                                                                 (Attachment 4).
110(a), 188(e), and 189(b)(1)(B).....  Control Measures.......  Table 1 (derived from    No new measures.
                                                                 2003 South Coast AQMP,
                                                                 Appendix IV-A) and
                                                                 Table 2 (derived from
                                                                 2003 South Coast AQMP,
                                                                 Table 4-8A).
172(c)(2), 189(c)(1).................  Reasonable Further       2003 South Coast AQMP,   Table 5 at 70 FR 43671
                                        Progress.                Table 6-1.               (derived from 2003
                                                                                          Coachella Valley Plan,
                                                                                          Tables 2-9 and 2-7).
172(c)(9)............................  Contingency Measures...  2003 South Coast AQMP,   No new measures.
                                                                 Appendix IV-A, Section
                                                                 2 (CTY-01, CTY-14, TCB-
                                                                 01)\1\.
189(b)(1)(A).........................  Attainment               2003 South Coast AQMP,   2003 Coachella Valley
                                        Demonstration.           Chapter 5; Appendix V,   Plan, Chapter 3.
                                                                 Chapter 2.

[[Page 69084]]

 
176(c)(2)(A).........................  Motor Vehicle Emissions  Table 6 at 70 FR 43672   Table 7 at (derived 70
                                        Budgets.                 (derived from ``2003     FR 43672 from ``2003
                                                                 South Coast AQMP On-     Coachella Valley PM-10
                                                                 Road Motor Vehicle       SIP On-Road Motor
                                                                 Emissions Budgets'').    Vehicle Emissions
                                                                                          Budgets'').
----------------------------------------------------------------------------------------------------------------
\1\ The contingency measures do not contain a commitment by CARB.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 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 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 approves 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 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 approves 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 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 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 16, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(333)(i)(A)(2), 
(c)(339), and (c)(340) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (333) * * *
    (i) * * *
    (A) * * *
    (2) Amended Rules 403 (except for subdivision h), 403.1 (except for 
subdivision j), and 1186, as adopted on April 2, 2004.
* * * * *
    (339) New and amended plans for the following agency were submitted 
on January 9, 2004, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted 
by SCAQMD on August 1, 2003, and by California Air Resources Board on 
October 23, 2003.
    (i) Baseline and projected emissions inventories in AQMP Chapter 
III Tables 3-1A and 3-3A, in Appendix III Tables A-1, A-2, A-3, A-5, 
and A-7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and 
implement control measures CMB-07, CMB-09, WST-01, WST-02, PRC-03, BCM-
07, BCM-08, MSC-04, MSC-06, TCB-01 in AQMP Chapter 4 Table 4-8A, and in 
Appendix IV-A); PM-10 reasonable further progress in AQMP Chapter 6, 
Table 6-1 and in Appendix V Chapter 2; contingency measures CTY-01, 
CTY-14, TCB-01 in Appendix IV-A Section 2; PM-10 attainment 
demonstration in AQMP Chapter 5, and in Appendix V Chapter 2; and motor 
vehicle emissions budgets in ``2003 South Coast AQMP On-Road Motor 
Vehicle Emissions Budgets.''
    (2) 2003 Coachella Valley PM-10 State Implementation Plan, as 
adopted by SCAQMD on August 1, 2003, and by California Air Resources 
Board on October 23, 2003.
    (i) Baseline and projected emissions inventories in Tables 2-2, 2-
3, 2-4, and 2-5; reasonable further progress in Tables 2-9 and 2-7; 
attainment demonstration in Chapter 3; and motor vehicle emissions 
budgets in ``2003 Coachella Valley PM-10 SIP On-Road Motor Vehicle 
Emissions Budgets.''
* * * * *
    (340) New and amended rules for the following agencies were 
submitted on November 16, 2004, by the Governor's designee.

[[Page 69085]]

    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and 
403.1 (Chapters 2, 3, 4, and 7), as adopted on April 2, 2004.
    (B) Plan revisions for the Coachella Valley Planning Area.
    (1) Fugitive dust control ordinances for: City of Cathedral City 
Ordinance No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/
03), City of Desert Hot Springs Ordinance No. 2003-16 (10/7/03), City 
of Indian Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance 
No. 1357 (12/3/03), City of La Quinta Ordinance No. 391 (12/2/03), City 
of Palm Desert Ordinance No. 1056 (11/13/03), City of Palm Springs 
Ordinance No. 1639 (11/5/03), City of Rancho Mirage Ordinances No. 855 
(12/18/03) and No. 863 (4/29/04), and County of Riverside Ordinance No. 
742.1 (1/13/04).

[FR Doc. 05-22463 Filed 11-10-05; 8:45 am]
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