[Federal Register Volume 78, Number 57 (Monday, March 25, 2013)]
[Proposed Rules]
[Pages 17902-17915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06767]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2012-0971; 9793-6]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of California; 
Redesignation of San Diego County to Attainment for the 1997 8-Hour 
Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, as a revision of the California 
state implementation plan, a request from the California Air Resources 
Board to redesignate the San Diego County ozone nonattainment area to 
attainment of the 1997 8-hour ozone National Ambient Air Quality 
Standard (1997 ozone standard) because the request meets the statutory 
requirements for redesignation under the Clean Air Act. EPA is also 
proposing to approve the State's plan for maintaining the 1997 ozone 
standard in San Diego County for ten years beyond redesignation, and 
the inventories and related motor vehicle emissions budgets within the 
plan, because they meet the applicable requirements for such plans and 
budgets.

DATES: Comments must be received on or before April 24, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-OAR-2012-0971, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: 415-947-3579
    4. Mail or deliver: John Ungvarsky (AIR-2), U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901. Deliveries are only accepted during the Regional Office's 
normal hours of operation.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an 
anonymous access system, and EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send email directly to EPA, your email address will be automatically 
captured and included as part of the public comment. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), and some may not be publicly 
available in either location (e.g., CBI). To inspect the hard copy 
materials, please schedule an appointment during normal business hours 
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

I. Summary of Today's Proposed Action
II. Background
III. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
IV. Substantive Requirements for Redesignation
V. Evaluation of the State's Redesignation Request for the San Diego 
County 8-Hour Ozone Nonattainment Area
    A. Determination That the Area Has Attained the Applicable NAAQS
    B. The Area Must Have a Fully Approved SIP Meeting Requirements 
Applicable for Purposes of Redesignation Under Section 110 and Part 
D
    1. Basic SIP Requirements Under CAA Section 110
    2. Part D Requirements
    a. Introduction
    b. Subpart 1 Requirements
    c. Subpart 2 Requirements
    C. The Area Must Show the Improvement in Air Quality Is Due to 
Permanent and Enforceable Emissions Reductions
    D. The Area Must Have a Fully Approved Maintenance Plan Under 
CAA Section 175A
    1. Attainment Inventory
    2. Maintenance Demonstration
    3. Monitoring Network
    4. Verification of Continued Attainment
    5. Contingency Provisions
    6. Subsequent Maintenance Plan Revisions
    7. Motor Vehicle Emissions Budgets
VI. Proposed Action and Request for Public Comment
VII. Statutory and Executive Order Reviews

I. Summary of Today's Proposed Action

    EPA is proposing to take several related actions. First, under 
Clean Air Act (CAA or ``Act'') section 110(k)(3), EPA is proposing to 
approve a maintenance plan for the 1997 8-hour ozone standard (``San 
Diego 8-hour maintenance plan'') for the San Diego County 1997 ozone 
nonattainment area (``San Diego 8-hour area'') as a revision to the 
California state implementation plan (SIP).\1\ The San Diego 8-hour 
maintenance plan is included in a document titled Redesignation Request 
and Maintenance Plan for the 1997 National Ozone Standard for San Diego 
County (December 2012) submitted by

[[Page 17903]]

the California Air Resources Board (CARB) on December 28, 2012.
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    \1\ On March 27, 2008 (73 FR 16436), EPA promulgated a revised 
8-hour ozone standard of 0.075 ppm (the 2008 8-hour ozone standard), 
and on May 21, 2012, EPA designated San Diego County as 
nonattainment for the 2008 8-hour ozone standard (77 FR 30088). This 
rulemaking relates only to the 1997 8-hour ozone standard and does 
not relate to the 2008 8-hour ozone standard.
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    In connection with the San Diego 8-hour maintenance plan, EPA finds 
that the maintenance demonstration showing how the area will continue 
to attain the 1997 8-hour ozone national ambient air quality standard 
(1997 ozone NAAQS or 1997 ozone standard) for at least 10 years beyond 
redesignation (i.e., through 2025) and the contingency provisions 
describing the actions that the San Diego County Air Pollution Control 
District (SDAPCD) will take in the event of a future monitored 
violation meet all applicable requirements for maintenance plans and 
related contingency provisions in CAA section 175A. EPA is also 
proposing to approve the motor vehicle emissions budgets (MVEBs) in the 
San Diego 8-hour maintenance plan because we find they meet the 
applicable transportation conformity requirements under 40 CFR 
93.118(e).
    Second, under CAA section 107(d)(3)(D), EPA is proposing to approve 
CARB's request that accompanied the submittal of the San Diego 8-hour 
maintenance plan, that is, to redesignate the San Diego 8-hour area to 
attainment for the 1997 ozone standard. We are doing so based on our 
conclusion that the area has met the five criteria for redesignation 
under CAA section 107(d)(3)(E). Our conclusion in this regard is in 
turn based on our proposed determination that the area has attained the 
1997 ozone standard, that relevant portions of the California SIP are 
fully approved, that the improvement in air quality is due to permanent 
and enforceable reductions in emissions, that California has met all 
requirements applicable to the San Diego 8-hour area with respect to 
section 110 and part D of the CAA, and based on our proposed approval 
as part of this action of the San Diego 8-hour maintenance plan.

II. Background

    Ground-level ozone is generally not emitted directly by sources. 
Rather, directly-emitted oxides of nitrogen (NOX) and 
volatile organic compounds (VOC) react in the presence of sunlight to 
form ground-level ozone, as a secondary pollutant, along with other 
secondary compounds. NOX and VOC are ``ozone precursors.'' 
Reduction of peak ground-level ozone concentrations is typically 
achieved through controlling VOC and NOX emissions.
    In 1971, under section 109 of the Act, as amended in 1970, EPA 
promulgated the original NAAQS for several pervasive air pollutants, 
including photochemical oxidants. NAAQS represent concentration levels 
the attainment and maintenance of which, allowing for an adequate 
margin of safety, EPA has determined to be requisite to protect public 
health (``primary'' NAAQS) and welfare (``secondary'' NAAQS).
    In 1978, EPA designated the San Diego Air Basin as a nonattainment 
area (SDAB nonattainment area) for the photochemical oxidant NAAQS. See 
43 FR 8962 (March 3, 1978). In 1979, EPA revised the NAAQS from an 
hourly average of 0.08 parts per million (ppm) oxidant to an hourly 
average of 0.12 ppm ozone (1979 ozone standard). See 44 FR 8202 
(February 8, 1979). The nonattainment designation for the SDAB 
nonattainment area for photochemical oxidants carried over to the 1979 
ozone standard (SDAB 1-hour area).
    During the 1980s, SDAPCD adopted a number of rules and prepared a 
number of nonattainment plans to address planning requirements under 
the CAA, as amended in 1977. CARB submitted these rules and plans to 
EPA at various times, and EPA approved a number of them into the 
California SIP. Among the rules approved by EPA as revisions to the 
California SIP as part of the ozone control strategy in San Diego 
County are SDAPCD Rules: 67.0 Architectural Coatings; 67.6.2 Vapor 
Degreasing Operations; and 69.2 Industrial and Commercial Boilers, 
Process Heaters and Steam Generators.
    In 1997, EPA revised the NAAQS for ozone, setting it at 0.08 ppm 
averaged over an 8-hour time frame (1997 ozone NAAQS or 1997 ozone 
standard). EPA set the 1997 ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time, than was understood 
when the pre-existing 1-hour ozone standard was set. EPA determined 
that the 1997 ozone standard would be more protective of human health, 
especially for children and adults who are active outdoors, and 
individuals with a pre-existing respiratory disease, such as asthma.
    In 2002, in light of monitored levels below the 1979 ozone 
standard, EPA determined that the SDAB 1-hour nonattainment area 
attained the 1979 ozone standard. See 67 FR 54580 (August 23, 2002). In 
2003, EPA redesignated the San Diego area to attainment for the 1979 
ozone standard. See 68 FR 37976 (June 26, 2003).
    In 2004, EPA designated areas of the country with respect to the 
1997 ozone standard. See 69 FR 23857 (April 30, 2004). Under EPA's 
``Phase 1'' implementation rule for the 1997 ozone standard (69 FR 
23951, April 30, 2004), a nonattainment area was classified under 
subpart 2 based on its 8-hour ozone design value (i.e., the 3-year 
average annual fourth-highest daily maximum 8-hour average ozone 
concentration at the worst-case monitoring site in the area), if it had 
a 1979 1-hour ozone standard design value \2\ at the time of 
designation at or above 0.121 ppm. All other areas were to be 
implemented under subpart 1 based on their 1997 8-hour ozone standard 
design values \3\ (69 FR 23958). San Diego County was designated as a 
``subpart 1'' ozone nonattainment area (San Diego 8-hour area) by EPA 
on April 30, 2004 based on air quality monitoring data from 2001-
2003,\4\ (69 FR 23887, April 30, 2004). The designation became 
effective on June 15, 2004.
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    \2\ The design value for the 1979 1-hour ozone standard is the 
fourth-highest daily maximum 1-hour ozone concentration over a 
three-year period at the worst-case monitoring site in the area.
    \3\ The design value for the 1997 8-hour ozone standard is the 
three-year average of the annual fourth-highest daily maximum 8-hour 
ozone concentration at the worst-case monitoring site in the area.
    \4\ That portion of San Diego County that excludes the areas 
listed below: La Posta Areas 1 and 2; Cuyapaipe 
Area; Manzanita Area; and Campo Areas 1 and 2. The 
boundaries for these designated areas are based on coordinates of 
latitude and longitude derived from EPA Region 9's GIS database and 
are illustrated in a map entitled ``Eastern San Diego County 
Attainment Areas for the 8-Hour Ozone NAAQS,'' dated March 9, 2004, 
including an attached set of coordinates. The map and attached set 
of coordinates are available at EPA's Region 9 Air Division office. 
The designated areas roughly approximate the boundaries of the 
reservations for these tribes, but their inclusion is intended for 
CAA planning purposes only and is not intended to be a federal 
determination of the exact boundaries of the reservations. Also, the 
specific listing of these tribes does not confer, deny, or withdraw 
Federal recognition of any of the tribes so listed nor any of the 
tribes not listed.
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    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit) vacated EPA's Phase 1 implementation 
rule for the 1997 ozone standard (69 FR 23951, April 30, 2004). South 
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 
2006). On June 8, 2007, in response to several petitions for rehearing, 
the D.C. Circuit Court (Court) clarified that the Phase 1 rule was 
vacated only for those parts of the rule that had been successfully 
challenged. The June 8, 2007 clarification left intact the Court's 
vacature of portions of EPA's Phase 1 rule that related to implementing 
the 1997 ozone standard in certain nonattainment areas under subpart 1 
in lieu of subpart 2 of Title 1 Part D of the CAA.
    On June 15, 2007, CARB submitted the Eight-Hour Ozone Attainment 
Plan for San Diego County (May 2007) (``2007 8-hour attainment plan'') 
to EPA as a

[[Page 17904]]

revision to the California SIP. The 2007 8-hour attainment plan 
included Motor Vehicle Emissions Budgets (MVEBs) of 53 and 98 tons per 
day (ozone season) for VOC and NOX, respectively, for 2008. 
On May 23, 2008, EPA found the MVEBs in the 2007 8-hour attainment plan 
adequate for the purposes of transportation conformity. See 73 FR 30098 
(May 23, 2008). Since the effective date of EPA's adequacy finding 
(i.e., June 9, 2008), the applicable metropolitan planning organization 
(MPO), i.e., San Diego Association of Governments, and the U.S. 
Department of Transportation, have been required to use these budgets 
in transportation conformity analyses for regional transportation 
plans, programs projects and amendments.
    On May 14, 2012, in response to the Court's vacature of the 
provisions of the Phase 1 rule that allowed for implementation of the 
1997 ozone standard for certain nonattainment areas, including San 
Diego County, solely under subpart 1, EPA classified the San Diego 8-
hour area as a moderate nonattainment area for the 1997 ozone standard 
under subpart 2 of the CAA (77 FR 28424).
    In a letter dated November 26, 2012, CARB requested parallel 
processing of the San Diego 8-hour maintenance plan, which was 
scheduled for adoption by the SDAPCD on December 5, 2012.\5\ On 
December 28, 2012, CARB submitted the San Diego 8-hour maintenance plan 
and requested that EPA redesignate the San Diego 8-hour area to 
attainment for the 1997 ozone standard. We are proposing action today 
on CARB's December 28, 2012 redesignation request and submittal of the 
San Diego 8-hour maintenance plan.
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    \5\ On November 26, 2012, James Goldstene, Executive Officer of 
CARB, submitted a request to Jared Blumenfeld, Regional 
Administrator, U.S. EPA Region IX, for parallel processing of the 
Redesignation Request and Maintenance Plan for the 1997 National 
Ozone Standard for San Diego County, for which CARB had scheduled 
for Board action at a December 6, 2012 public hearing.
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III. Procedural Requirements for Adoption and Submittal of SIP 
Revisions

    Section 110(l) of the Act requires States to provide reasonable 
notice and public hearing prior to adoption of SIP revisions. In this 
action, we are proposing action on CARB's December 28, 2012 submittal 
of the San Diego 8-hour maintenance plan as a revision to the 
California SIP.
    Documents in CARB's submittal describe the public review process 
followed by SDAPCD in adopting the plan prior to transmittal to CARB 
for subsequent submittal to EPA as a revision to the California SIP. 
The documentation provides evidence that reasonable notice of a public 
hearing was provided to the public and that a public hearing was 
conducted prior to adoption.
    On November 2, 2012, SDAPCD published in the San Diego Commerce, a 
newspaper of general circulation within the San Diego area, an 
announcement that a public hearing would be held on December 5, 2012 to 
consider and approve the San Diego 8-hour maintenance plan. Copies of 
the plan were made available for viewing at SDAPCD's offices and on 
their Web site.\6\ On December 5, 2012, the Air Pollution Control Board 
of San Diego County adopted the San Diego 8-hour maintenance plan at 
the publicly noticed public hearing. Following adoption, SDAPCD 
forwarded the plan to CARB, the Governor of California's designee for 
SIP matters, and CARB then submitted the plan on December 28, 2012 as a 
revision to the California SIP to EPA for approval.
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    \6\ The redesignation request and maintenance plan, titled 
``Redesignation Request and Maintenance Plan for the 1997 National 
Ozone Standard for San Diego County,'' may be found at the following 
SDAPCD Web address: http://www.sdapcd.org/planning/8_Hour_O3_Maint-Plan.pdf.
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    Based on the documentation provided by ARB, we find that the 
submittal of the San Diego 8-hour maintenance plan as a SIP revision 
satisfies the procedural requirements of section 110(l) of the Act for 
revising SIPs.

IV. Substantive Requirements for Redesignation

    The CAA establishes the requirements for redesignation of a 
nonattainment area to attainment. Specifically, section 107(d)(3)(E) 
allows for redesignation provided that the following criteria are met: 
(1) EPA determines that the area has attained the applicable NAAQS; (2) 
EPA has fully approved the applicable implementation plan for the area 
under section 110(k); (3) EPA determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP, applicable federal 
air pollution control regulations, and other permanent and enforceable 
reductions; (4) EPA has fully approved a maintenance plan for the area 
as meeting the requirements of CAA section 175A; and (5) the State 
containing such area has met all requirements applicable to the area 
under section 110 and part D of the CAA. Section 110 identifies a 
comprehensive list of elements that SIPs must include, and part D 
establishes the SIP requirements for nonattainment areas. Part D is 
divided into six subparts. The generally-applicable nonattainment SIP 
requirements are found in part D, subpart 1, and the ozone-specific 
nonattainment SIP requirements are found in part D, subpart 2.
    EPA provided guidance on redesignations in a document entitled, 
``State Implementation Plans; General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' published in the 
Federal Register on April 16, 1992 (57 FR 13498), and supplemented on 
April 28, 1992 (57 FR 18070) (referred to herein as the ``General 
Preamble''). Another relevant EPA guidance document includes 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, EPA Office of Air Quality Planning and Standards, 
September 4, 1992 (referred to herein as the ``Calcagni memo'').
    For the reasons set forth below in section V of this document, we 
propose to approve CARB's request for redesignation of the San Diego 
County 8-hour ozone nonattainment area to attainment for the 1997 8-
hour ozone NAAQS based on our conclusion that all of the criteria under 
CAA section 107(d)(3)(E) have been satisfied.

V. Evaluation of the State's Redesignation Request for the San Diego 
County 8-Hour Ozone Nonattainment Area

A. Determination That the Area Has Attained the Applicable NAAQS

    CAA section 107(d)(3)(E)(i) requires that we determine that the 
area has attained the NAAQS. EPA generally makes the determination of 
whether an area's air quality meets the ozone NAAQS based upon the most 
recent three years of complete, quality-assured data gathered at 
established State and Local Air Monitoring Stations (SLAMS) in the 
nonattainment area and entered into the EPA Air Quality System (AQS) 
database. Data from air monitors operated by state/local agencies in 
compliance with EPA monitoring requirements must be submitted to AQS. 
Heads of monitoring agencies annually certify that these data are 
accurate to the best of their knowledge. Accordingly, EPA relies 
primarily on data in AQS when determining the attainment status of 
areas. See 40 CFR 50.10; 40 CFR part 50, appendix I; 40 CFR part 53; 40 
CFR part 58, appendices A, C, D and E. All data are reviewed to

[[Page 17905]]

determine the area's air quality status in accordance with 40 CFR part 
50, appendix I.
    Under EPA regulations at 40 CFR part 50, the 1997 ozone standard is 
met at an ambient air quality monitoring site when the 3-year average 
of the annual fourth-highest daily maximum 8-hour average ozone 
concentration is less than or equal to 0.08 ppm. See 40 CFR 50.10; 40 
CFR part 50, appendix I. This 3-year average is referred to as the 
design value. When the design value is less than or equal to 0.084 ppm 
(based on the rounding convention in 40 CFR part 50, appendix I) at 
each monitoring site within the area, then the area is meeting the 
NAAQS. The data completeness requirement is met when the three-year 
average percent of days with valid ambient monitoring data is at least 
90% of the days during the designated ozone monitoring season, and no 
single year has less than 75% data completeness as determined in 
appendix I of 40 CFR part 50.
    The SDAPCD is responsible for monitoring ambient air quality within 
San Diego County. SDAPCD submits monitoring network plan reports to EPA 
on an annual basis. These reports discuss the status of the air 
monitoring network, as required under 40 CFR part 58. Beginning in 
2007, EPA has reviewed these annual plans for compliance with the 
applicable reporting requirements in 40 CFR 58.10. With respect to 
ozone, we have found SDAPCD's annual network plans to meet the 
applicable requirements under 40 CFR part 58. See EPA letters to SDAPCD 
concerning SDAPCD's annual network plan reports for 2010, 2011, and 
2012 included in the docket for this rulemaking. Furthermore, we 
concluded in our Technical System Audit Report (System Audit of the 
Ambient Monitoring Program: San Diego County Air Pollution Control 
District, September 28-September 30, 2010, April 2012) that SDAPCD's 
ambient air monitoring network currently meets or exceeds the 
requirements for the minimum number of monitoring sites designated as 
SLAMS for all of the criteria pollutants. Whereas EPA regulations 
require two ozone monitoring sites in this region, SDAPCD operated ten 
ozone monitors during the 2009-2011 attainment period, substantially 
exceeding the requirement. Also, SDAPCD annually certifies that the 
data it submits to AQS are complete and quality-assured. See, e.g., 
Letter dated March 2, 2012, from Mahmood Hoosain, Chief of the 
Monitoring & Technical Services Division, SDAPCD, to Matthew Lakin, 
Chief Air Quality Analysis Office, EPA Region IX.
    SDAPCD operated ten ozone SLAMS monitoring sites during the 2009-
2011 period \7\ within the San Diego County ozone nonattainment area: 
Alpine, Camp Pendleton, Chula Vista, Del Mar, Downtown, El Cajon, 
Escondido, Kearney Mesa, Kearny Villa \8\ and Otay Mesa. All ten sites 
have monitored ozone concentrations on a continuous basis using 
ultraviolet absorption monitors. The spatial scale of most of SDAPCD's 
ozone monitoring sites are ``neighborhood'' and the site types (i.e., 
monitoring purpose) are ``background level'' or ``representative 
concentration''. The exceptions are the Otay Mesa site, whose spatial 
scale is ``micro'' and site type is ``source impact,'' and the Alpine 
site, whose spatial scale is ``neighborhood'' and site type is 
``highest concentration.'' See 2011 Ambient Air Quality Network Plan 
Report, San Diego County Air Pollution Control District.9 10
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    \7\ San Diego County's monitoring network exceeded the number of 
required monitors throughout the referenced time period.
    \8\ The Kearney Villa site was not operational for the entire 
2009-2011 time frame. It was established in 2010 to replace Kearny 
Mesa, which closed in February 2012.
    \9\ 2011 Ambient Air Quality Network Plan Report, SDAPCD, June 
30, 2012, is available at http://www.sdapcd.org/air/reports/2011_network_plan.pdf.
    \10\ In the network plan ``site type'' is referred to as 
``monitoring objective''.
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    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air monitoring data for the monitoring 
period from 2009 through 2011 collected at the monitoring sites 
discussed above, as recorded in AQS and summarized in table 1, and 
found that the data meet our completeness criteria.
    Table 1 summarizes the site-specific annual fourth-highest daily 
maximum 8-hour ozone concentrations and 3-year ozone design values for 
all monitoring sites within the San Diego County 8-hour ozone 
nonattainment area for the period of 2009-2011. As shown in table 1, 
the design value for the 2009-2011 period was less than 0.084 ppm at 
all of the monitors. Therefore, we are proposing to determine, based on 
the complete, quality-assured data for 2009-2011, that the San Diego 
County 8-hour ozone nonattainment area has attained the 1997 8-hour 
ozone standard. Because the Kearny Mesa monitoring site closed in 
February 2012, there are nine ozone monitors currently operating in the 
nonattainment area. Preliminary SLAMS data for 2012 from these 
monitors, which are summarized in table 2, are also consistent with 
continued attainment.

  Table 1--Summary of Ambient Data for Ozone Collected Within San Diego County 8-Hour Ozone Nonattainment Area,
                                                    2009-2011
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                                                                      4th Highest value (ppm)
                                                 ---------------------------------------------------------------
            Monitor                 Site code                                                        2009-2011
                                                       2009            2010            2011        design value
----------------------------------------------------------------------------------------------------------------
Alpine........................       06-073-1006           0.085           0.081           0.082           0.082
Camp Pendleton................       06-073-1008           0.071           0.064           0.067           0.067
Chula Vista...................       06-073-0001           0.067           0.068           0.055           0.063
Del Mar.......................       06-073-1001           0.067           0.063           0.064           0.064
Downtown......................       06-073-1010           0.060           0.058           0.060           0.059
El Cajon......................       06-073-0003           0.071           0.073           0.070           0.071
Escondido.....................       06-073-1002           0.074           0.075           0.068           0.072
Kearny Mesa...................       06-073-0006           0.069           0.070           0.069           0.069
Kearny Villa \a\..............       06-073-1016  ..............  ..............           0.066           0.066
Otay Mesa.....................       06-073-2007           0.061           0.056           0.059           0.058
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Source: AQS Preliminary Design Value Report. January 28, 2013.
\a\ 2011 is the first year with complete data--the 4th maximum value is provided.


[[Page 17906]]


       Table 2--Preliminary 4th Highest Daily Maximum 8-Hour Ozone
                         Concentrations for 2012
------------------------------------------------------------------------
           Monitor                 Site code     4th Highest value (ppm)
------------------------------------------------------------------------
Alpine.......................       06-073-1006  0.080
Camp Pendleton...............       06-073-1008  0.059
Chula Vista..................       06-073-0001  0.064
Del Mar......................       06-073-1001  0.058
Downtown.....................       06-073-1010  0.048
El Cajon.....................       06-073-0003  0.067
Escondido....................       06-073-1002  0.065
Kearny Mesa..................       06-073-0006  incomplete data \b\
Kearny Villa.................       06-073-1016  0.066
Otay Mesa....................       06-073-2007  0.057
------------------------------------------------------------------------
Source: Same as table 1.
\b\ The Kearny Mesa site closed February 2012.

B. The Area Must Have a Fully Approved SIP Meeting Requirements 
Applicable for Purposes of Redesignation Under Section 110 and Part D

    Section 107(d)(3)(E)(ii) and (v) require EPA to determine that the 
area has a fully approved applicable SIP under section 110(k) that 
meets all applicable requirements under section 110 and part D for the 
purposes of redesignation.
1. Basic SIP Requirements Under CAA Section 110
    Section 110(a)(2) sets forth the general elements that a SIP must 
contain in order to be fully approved. EPA has analyzed the California 
SIP and determined that it is consistent with the requirements of 
section 110(a)(2). The San Diego County portion of the approved 
California SIP contains enforceable emission limitations; requires 
monitoring, compiling and analyzing of ambient air quality data; 
requires preconstruction review of new or modified stationary sources; 
provides for adequate funding, staff, and associated resources 
necessary to implement its requirements; and provides the necessary 
assurances that the State maintains responsibility for ensuring that 
the CAA requirements are satisfied in the event that San Diego County 
is unable to meet its CAA obligations.\11\
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    \11\ The applicable SIP for CARB and SDAPCD may be found at 
http://yosemite.epa.gov/r9/r9sips.nsf/Casips?readform&count=100&state=California. We note that SIPs must 
be fully approved only with respect to applicable requirements for 
purposes of redesignation in accordance with section 
107(d)(3)(E)(ii). Thus, for example, CAA section 110(a)(2)(D) 
requires that SIPs contain certain measures to prevent sources in a 
state from significantly contributing to air quality problems in 
another state. However, the section 110(a)(2)(D) requirements for a 
state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's 
designation and classification are the relevant measures to evaluate 
in reviewing a redesignation request. The transport SIP submittal 
requirements, where applicable, continue to apply to a state 
regardless of the designation of any one particular area in the 
state. Thus, we do not believe that these requirements should be 
construed to be applicable requirements for purposes of 
redesignation. In addition, EPA believes that the other section 110 
elements not connected with nonattainment plan submissions and not 
linked with an area's attainment status are not applicable 
requirements for purposes of redesignation. The State will still be 
subject to these requirements after the San Diego County ozone 
planning area is redesignated. The section 110 and part D 
requirements that are linked with a particular area's designation 
and classification are the relevant measures to evaluate in 
reviewing a redesignation request.
    This policy is consistent with EPA's existing policy on 
applicability of conformity (i.e., for redesignations) and 
oxygenated fuels requirement. See Reading, Pennsylvania, proposed 
and final rulemakings 61 FR 53174-53176 (October 10, 1996), 62 FR 
24816 (May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking 
61 FR 20458 (May 7, 1996); and Tampa, Florida, final rulemaking 60 
FR 62748 (December 7, 1995). See also the discussion of this issue 
in the Cincinnati redesignation 65 FR 37890 (June 19, 2000), in the 
Pittsburgh redesignation 66 FR 50399 (October 19, 2001), and in the 
South Coast redesignation 72 FR 6986 (February 14, 2007) and 72 FR 
26718 (May 11, 2007). Again, EPA believes that section 110 elements 
not linked to the area's nonattainment status are not applicable for 
purposes of redesignation.
---------------------------------------------------------------------------

    On numerous occasions, CARB has submitted and we have approved 
provisions addressing the basic CAA section 110 provisions. There are 
no outstanding or disapproved applicable SIP submittals with respect to 
the San Diego County portion of the SIP that prevent redesignation of 
the San Diego County 8-hour ozone nonattainment area for the 1997 8-
hour ozone standard. Therefore, we propose to conclude that CARB and 
San Diego County have met all SIP requirements for San Diego County 
applicable for purposes of redesignation under section 110 of the CAA 
(General SIP Requirements).
2. Part D Requirements
a. Introduction
    The CAA contains two sets of provisions, subparts 1 and 2, that 
address planning and emission control requirements for ozone 
nonattainment areas. Both of these subparts are found in title I, part 
D of the CAA; sections 171-179 and sections 181-185, respectively. 
Subpart 1 contains general, less prescriptive requirements for all 
nonattainment areas of any pollutant, including ozone, governed by a 
NAAQS. Subpart 2 contains additional, more specific requirements for 
ozone nonattainment areas classified under subpart 2.
b. Subpart 1 Requirements
    The applicable subpart 1 requirements are contained in sections 
172(c)(1)-(9) and 176 of the CAA. A thorough discussion of the 
requirements contained in section 172 can be found in the General 
Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).
    Since EPA is proposing here to determine that the San Diego area 
has attained the 1997 ozone standard, under 40 CFR 51.918, if these 
determinations are finalized, the requirements to submit certain 
planning SIPs related to attainment, including attainment demonstration 
requirements (the reasonably available control measure (RACM) 
requirement of section 172(c)(1) of the CAA, the reasonable further 
progress (RFP) and attainment demonstration requirements of sections 
172(c)(2) and (c)(6) of the CAA, and the requirement for contingency 
measures for RFP and attainment in section 172(c)(9) of the CAA, would 
be suspended for the area as long as it continues to attain the NAAQS 
and would cease to apply upon redesignation. In addition, in the 
context of redesignations, EPA has interpreted requirements related to 
attainment as not applicable for purposes of redesignation. For 
example, in the General Preamble EPA stated that:

[t]he section 172(c)(9) requirements are directed at ensuring RFP 
and attainment by

[[Page 17907]]

the applicable date. These requirements no longer apply when an area 
has attained the standard and is eligible for redesignation. 
Furthermore, section 175A for maintenance plans * * * provides 
specific requirements for contingency measures that effectively 
supersede the requirements of section 172(c)(9) for these areas. See 
``General Preamble for the Interpretation of Title I of the Clean 
Air Act Amendments of 1990, (General Preamble) 57 FR 13498, 13564 
(April 16, 1992).

See also Calcagni memo (``The requirements for reasonable further 
progress and other measures needed for attainment will not apply for 
redesignations because they only have meaning for areas not attaining 
the standard.'').

    Each subpart 1 requirement and how it is addressed with respect to 
the San Diego 8-hour area is described below.
     Implementation of all RACM, including, at a minimum, 
reasonably available control technology for existing sources and 
attainment of the standard (section 172(c)(1)).
    Section 172(c)(1) requires the plans for all nonattainment areas to 
provide for the implementation of all RACM as expeditiously as 
practicable and to provide for attainment of the primary NAAQS. EPA 
interprets this requirement to impose a duty on all nonattainment areas 
to consider all available control measures and to adopt and implement 
such measures as are reasonably available for implementation in each 
area as components of the area's attainment demonstration. Because 
attainment has been reached, no additional measures are needed to 
provide for attainment, and the section 172(c)(1) requirement is no 
longer considered to be applicable as long as the area continues to 
attain the standard until redesignation. See 40 CFR 51.918.
     Reasonable further progress (section 172(c)(2)).
    The RFP requirement under section 172(c)(2) is defined as progress 
that must be made toward attainment. This requirement is not relevant 
for purposes of redesignation because the San Diego County area has 
monitored attainment of the ozone NAAQS. See General Preamble (57 FR 
13564, April 16, 1992). See also 40 CFR 51.918.
     A comprehensive, accurate, current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
the area (section 172(c)(3)).
    CAA section 172(c)(3) requires states submit a comprehensive, 
accurate, current inventory of actual VOC and NOX emissions 
for the baseline year from all sources within the nonattainment area. 
The inventory is to address actual VOC and NOX emissions 
during the ozone season, and all stationary (generally referring to 
larger stationary source or point sources), area (generally referring 
to smaller stationary and fugitive (non-smokestack) sources), and 
mobile (on-road, nonroad, locomotive and aircraft) sources are to be 
included in the inventory. We interpret the Act such that the emission 
inventory requirements of section 172(c)(3) are satisfied by the 
inventory requirements of the maintenance plan. See 57 FR 13498, at 
13564 (April 16, 1992). Thus, our proposed approval of the San Diego 8-
hour maintenance plan and related VOC and NOX emission 
inventories and our proposed approval of CARB's redesignation request 
would satisfy the requirements of section 172(c)(3) for the purposes of 
redesignation of the San Diego 8-hour area to attainment for the 1997 
ozone NAAQS.
     Identification and quantification of the emissions, if 
any, of any such pollutants which will be allowed in accordance with 
section 173(a)(1)(B) (i.e., new or modified stationary sources located 
in established economic development zones) (section 172(c)(4)).
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources in a 
zone identified by the Administrator, in consultation with the 
Secretary of Housing and Urban Development, as a zone where economic 
development should be targeted. We note that the State has not sought 
to exercise the option available under CAA section 172(c)(4) 
(identification and quantification of certain emissions increases).
     Permits for the construction and operation of new and 
modified major stationary sources in the nonattainment area (section 
172(c)(5)).
    Section 172(c)(5) requires source permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. To meet the requirements, states must submit SIP 
revisions that meet the requirements under 40 CFR 51.165 (``Permit 
requirements''), and EPA regulations at 40 CFR 51.914 extend the SIP 
requirements of 40 CFR 51.165 to areas designated as nonattainment for 
the 1997 8-hour ozone standard.
    Under 40 CFR 51.165, states are required to submit SIP revisions 
that establish certain requirements for new or modified stationary 
sources in nonattainment areas, including provisions to ensure that 
major new sources or major modifications of existing sources of 
nonattainment pollutants incorporate the highest level of control, 
referred to as the ``Lowest Achievable Emission Rate'' (LAER), and that 
increases in emissions from such stationary sources are offset so as to 
provide for reasonable further progress towards attainment in the 
nonattainment area.
    The process for reviewing permit applications and issuing permits 
for new or modified major stationary sources of air pollution is 
referred to as ``New Source Review'' (NSR). With respect to 
nonattainment pollutants in nonattainment areas, this process is often 
referred to as ``nonattainment NSR.'' With respect to pollutants for 
which an area is designated as attainment or unclassifiable, states are 
required to submit SIP revisions that ensure that major new stationary 
sources and major modifications of existing stationary sources meet the 
federal requirements for ``Prevention of Significant Deterioration'' 
(PSD), including application of ``Best Available Control Technology'' 
(BACT), for each applicable pollutant emitted in significant amounts, 
among other requirements.
    SDAPCD is responsible for stationary source emissions units, and 
SDAPCD regulations govern air pollutant permits issued for such units. 
Under the Clean Air Act Amendments of 1977, states with designated 
nonattainment areas were required to amend their NSR rules to impose 
LAER and offset requirements on new major sources and major 
modifications of nonattainment pollutants in nonattainment areas. As 
noted previously, under the 1977 Act Amendments, we designated the San 
Diego Air Basin as a nonattainment area for photochemical oxidants, 
later changed to ozone. To address the nonattainment NSR requirements 
arising from the 1977 Act Amendments, SDAPCD amended its nonattainment 
NSR rules, and CARB submitted them to EPA for approval as part of the 
California SIP. In 1981, we approved the following amended NSR rules: 
20--Standards for Granting Applications; 20.1--Definitions, Emission 
Calculations, Emission Offsets and Banking, Exemptions, and Other 
Requirements; 20.2--Standards for Authority to Construct--Best 
Available Air Pollution Control Technology; 20.3--Standards for 
Authority to Construct--Air Quality Analysis; 20.4--Standards for 
Authority to Construct--Best Available Air Pollution Control 
Technology; 20.5--Power Plants; and 20.6--Standards for Authority to 
Construct--Air Quality Analysis. See 46 FR 21749 (April 14, 1981). 
Under these SIP-approved rules, LAER and offsets

[[Page 17908]]

have been required for new ``point sources'' that cause emissions 
greater than 100 tons per year of ozone precursors in ozone 
nonattainment areas.
    The 1990 Clean Air Act Amendments retained the core nonattainment 
NSR elements of LAER and offsets but revised the applicability 
thresholds based on an area's non-attainment classification. The San 
Diego 8-hour area is currently classified as a moderate ozone non-
attainment area, and therefore the NSR applicability thresholds at 
which LAER and offsets are required is 100 tpy of NOX or VOC 
for new sources and 40 tpy for modifications made to existing major 
sources. EPA has reviewed SDAPCD's existing SIP-approved NSR rules and 
determined that they meet the current 40 CFR 51.165 requirements 
related to the application of LAER and offsets for areas classified as 
moderate for ozone. Thus, San Diego County has a nonattainment NSR 
program meeting the requirements of 40 CFR 51.165 for sources within 
the San Diego 8-hour area.
    SDAPCD does not currently have an approved PSD program. Even if EPA 
finalizes the actions in today's proposed rulemaking, the federal PSD 
requirements under 40 CFR 52.21 will not apply to new major sources or 
major modifications to existing major sources of ozone precursors under 
SDAPCD's jurisdiction until the San Diego County 8-hour area is 
redesignated to attainment for the 2008 ozone standard. On April 4, 
2012, SDAPCD adopted Rule 20.3.1 to address PSD requirements, and CARB 
submitted the rule to EPA on February 13, 2013 for inclusion in the 
SIP. If it is approved by EPA, SDAPCD will have a SIP-approved PSD 
program.
     Enforceable emission limitations as may be necessary or 
appropriate to provide for attainment of such standard in such area by 
the applicable attainment date (section 172(c)(6)).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the standard. Because attainment 
has been reached, no additional measures are needed to provide for 
attainment.
     Compliance with section 110(a)(2) of the Act (section 
172(c)(7)).
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, we believe the 
California SIP meets the requirements of section 110(a)(2) applicable 
for purposes of redesignation.
     Use of equivalent modeling emission inventory, and 
planning procedures if approved by EPA (CAA section 172(c)(8)).
    The State of California has not sought to exercise the options 
available under CAA section 172(c)(8).
     Contingency measures for RFP and attainment of the NAAQS 
(CAA section 172(c)(9)).
    Because the San Diego 8-hour area has attained the 1997 ozone NAAQS 
and is no longer subject to an RFP requirement, the requirement to 
submit the section 172(c)(9) contingency measures is not applicable for 
purposes of redesignation. See General Preamble (57 FR 13564, April 16, 
1992). See also 40 CFR 51.918.
     Interagency consultation and enforceability for the 
purposes of transportation conformity (CAA section 176(c)(5) and 40 CFR 
51.390).
    Under section 176(c) of the Clean Air Act Amendments of 1990, 
states are required to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. Section 176(c) further provides 
that state conformity provisions must be consistent with federal 
conformity regulations that the CAA requires EPA to promulgate. EPA's 
conformity regulations are codified at 40 CFR part 93, subparts A 
(referred to herein as ``transportation conformity'') and B (referred 
to herein as ``general conformity''). Transportation conformity applies 
to transportation plans, programs, and projects developed, funded, and 
approved under title 23 U.S.C. or the Federal Transit Act, and general 
conformity applies to all other federally-supported or funded projects. 
SIP revisions intended to address the conformity requirements are 
referred to herein as ``conformity SIPs.''
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of a redesignation request 
under section 107(d) because state conformity rules are still required 
after redesignation and federal conformity rules apply where state 
rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 
2001), upholding this interpretation. See also, 60 FR 62748 (December 
7, 1995).
c. Subpart 2 Requirements
    With respect to the requirements associated with subpart 2, we note 
that, as discussed in more detail above, the San Diego 8-hour area is 
classified as moderate nonattainment for the 1997 ozone standard under 
subpart 2 of part D of the CAA. See 77 FR 28424 (May 14, 2012). EPA 
issued a final rule classifying the San Diego 8-hour area as moderate 
for the 1997 ozone standard, along with a number of other areas of the 
country (2012 ozone classification). States with these affected areas, 
including California, were given one year from the effective date of 
the 2012 ozone classification to submit SIP revisions that applied to 
the areas as a result of their new classification. See 77 FR 28426 and 
28429 (May 14, 2012). The effective date of EPA's classification of the 
San Diego 8-hour area as moderate for the 1997 ozone standard was June 
13, 2012. Therefore, the deadline for California to submit any 
necessary SIP revisions that are now required for the San Diego 8-hour 
area, due to the area's new moderate classification, is June 13, 2013.
    CARB has not submitted any SIP revisions for the San Diego 8-hour 
area in response to the area's 2012 ozone classification as moderate. 
However, as EPA articulated in the 2012 ozone classification, EPA 
believes that this fact does not preclude redesignation based upon the 
following factors: (1) EPA's longstanding policy of evaluating 
requirements in accordance with the requirements due at the time a 
redesignation request is submitted; and (2) consideration of the 
inequity of applying retroactively any requirements that might in the 
future be applied.
    First, CARB submitted the redesignation request on December 28, 
2012, well before the State's June 13, 2013 deadline to submit subpart 
2 requirements. Under EPA's longstanding interpretation of section 
107(d)(3)(E) of the CAA states requesting redesignation to attainment 
must meet only the relevant SIP requirements that came due prior to the 
submittal of a complete redesignation request. See the Calcagni memo 
and September 17, 1993, Michael Shapiro Memorandum (``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,'' Memorandum from Michael Shapiro, Acting Assistant Administrator 
for Air and Radiation), and: 60 FR 12459, 12465-66 (March 7, 1995) 
(Redesignation of Detroit-Ann Arbor, Michigan); Sierra Club v. EPA, 375 
F.3d 537 (7th Cir. 2004) (upholding this interpretation); and 68 FR 
25418, 25424, 25427 (May 12, 2003) (redesignation of St. Louis, 
Missouri).
    Moreover, it would be inequitable to retroactively apply any new 
SIP requirements that were not applicable at the time the request was 
submitted. The D.C. Circuit Court (Court) has recognized the inequity 
in such

[[Page 17909]]

retroactive rulemaking (see Sierra Club v. Whitman, 285 F. 3d 63 (D.C. 
Cir. 2002)), in which the Court upheld a district court's ruling 
refusing to make retroactive an EPA determination of nonattainment that 
was past the statutory due date. Such a determination would have 
resulted in the imposition of additional requirements on the area. The 
Court stated, ``[a]lthough EPA failed to make the nonattainment 
determination within the statutory frame, Sierra Club's proposed 
solution only makes the situation worse. Retroactive relief would 
likely impose large costs on the states, which would face fines and 
suits for not implementing air pollution prevention plans in 1997, even 
though they were not on notice at the time.'' Id. at 68. Similarly 
here, it would be unfair to penalize the San Diego 8-hour area by 
applying to it, for purposes of redesignation, additional SIP 
requirements under subpart 2 that were not in effect or yet due at the 
time it submitted its redesignation request, or the time that the San 
Diego 8-hour area attained the 1997 ozone NAAQS.
    Based on the above, EPA proposes to find that the San Diego 8-hour 
area has a fully approved SIP meeting requirements applicable for 
purposes of redesignation under CAA section 110 and title I part D.

C. The Area Must Show the Improvement in Air Quality Is Due to 
Permanent and Enforceable Emissions Reductions

    Section 107(d)(3)(E)(iii) precludes redesignation of a 
nonattainment area to attainment unless EPA determines that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable federal air pollution control regulations and other 
permanent and enforceable regulations. Under this criterion, the state 
must be able to reasonably attribute the improvement in air quality to 
emissions reductions which are permanent and enforceable. Attainment 
resulting from temporary reductions in emissions rates (e.g., reduced 
production or shutdown due to temporary adverse economic conditions) or 
unusually favorable meteorology would not qualify as an air quality 
improvement due to permanent and enforceable emission reductions.
    Table 3 summarizes the reductions in ozone precursors (i.e., VOCs 
and NOX) between 2002 and 2011 sufficient to attain the 1997 
ozone standard in the San Diego County 8-hour ozone nonattainment area 
(San Diego 8-hour area).

                          Table 3--San Diego County 2002-2011 Reductions in Ozone Precursor Emissions (tons per day, tpd) \12\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          VOC  reduction                                  NOX  reduction
                     Source category                         VOC  2002       VOC  2011       (percent)       NOX  2002       NOX  2011       (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Consumer Solvent Products...............................            22.5            17.9               3  ..............  ..............  ..............
On-road Motor Vehicles..................................            63.4            35.3              15           119.9            70.9              25
Non-road Mobile Sources.................................            49.1            40.3               5            68.0            58.6               5
Stationary and Area Sources.............................            48.0            49.1               0            10.1             8.1               1
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           183.1           142.6              22           198.1           137.5              31
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: California Air Resources Board, Southern California 2012 SIP Baseline Emission Projection--Version 1.02 Planning Inventory Tool Web site.

    The effectiveness of the control measures to reduce VOC and 
NOX emissions can be assessed by comparing emissions in 2002 
(the nonattainment base year, for planning purposes) with those in 2011 
(an attainment year for the area). The emission reductions presented in 
table 3 were calculated relative to the 2002 base year emissions 
inventory of 183 tpd of VOC and 198 tpd of NOX. Between 2002 
and the 2011 attainment year VOC and NOX emissions were 
reduced 22% and 31%, respectively. On-road motor vehicle control 
programs provided reductions of 15% and 25% of the VOC and 
NOX, and non-road mobile sources control programs resulted 
in reductions of 5% from both VOC and NOX. These reductions 
were achieved despite an increase in population and vehicle miles 
traveled (VMT) of approximately 7% and 9%, respectively, during the 
same time period.\13\
---------------------------------------------------------------------------

    \12\ Emissions data reflect a ``summer day,'' as required by EPA 
policy guidance. Emissions data assume no emissions reductions from 
NSR or Title V permit programs. Source category-specific data are 
listed in Appendix A of the San Diego 8-hour maintenance plan. 
Emission reduction percentages are relative to the 2002 base year 
emissions totals of 183 tpd of VOC and 198 tpd of NOX for 
the entire SDAPCD.
    \13\ See Figure 4-1 in the San Diego 8-hour maintenance plan. 
Additional information provided in personal communication (via 
email) from Carl Selnick, SDAPCD, to John Ungvarsky, USEPA, on 
January 2, 2013.
---------------------------------------------------------------------------

    The emissions reductions between 2002 and 2011 resulted primarily 
from EPA and CARB mobile source control programs. SDAPCD's stationary 
source control programs had mostly been implemented and provided 
significant emissions reductions prior to 2002; however, SDAPCD Rules 
67.6.1--Cold Solvent Cleaning and Stripping Operations and 67.6.2--
Vapor Degreasing Operations,\14\ adopted in 2007, provided an 
additional 1 tpd of VOC reductions towards attainment, and these 
reductions occurred after the 2002 base year.
---------------------------------------------------------------------------

    \14\ These rules were approved by EPA on October 13, 2009. See 
74 FR 52427. EPA intends to act in the coming months on SDAPCD Rules 
67.0--Architectural Coatings (amended) and 67.11--Wood Products 
Coating Operation, for possible inclusion in the SIP. Documentation 
included in the submittal to EPA for these two rules indicates that 
together they have achieved approximately 1.5 tpd in VOC reductions. 
And again, these reductions occurred after the 2002 base year.
---------------------------------------------------------------------------

    Source categories for which CARB has primary responsibility for 
reducing emissions in California include most new and existing on- and 
off-road engines and vehicles, motor vehicle fuels, and consumer 
products. In addition, California has unique authority under CAA 
section 209 (subject to being granted a waiver by EPA) to adopt and 
implement new emission standards for many categories of on-road 
vehicles and engines, and new and in-use off-road vehicles and engines. 
California has been a leader in the development of some of the most 
stringent control measures nationwide for on-road and off-road mobile 
sources and the fuels that power them. These measures have helped 
reduce VOC and NOX in the San Diego ozone nonattainment area 
and throughout the State.
    CARB has provided a summary of the measures adopted and implemented 
by the State. See ``Air Resources Board's Proposed State Strategy for 
California's 2007 State Implementation Plan,'' release date: April 26, 
2007 (2007 State

[[Page 17910]]

Strategy). From 1994 to 2006, the State took approximately 45 
rulemaking actions which have achieved significant emission reductions 
contributing to attainment and continued attainment in the San Diego 8-
hour area. See 2007 State Strategy, p. 38.\15\ These measures include 
new emission standards and in-use requirements that have resulted in 
significant reductions in emissions of VOCs and NOX from 
mobile source categories such as passenger cars, trucks, buses, 
motorcycles, locomotives, cargo handling equipment, and large off-road 
equipment. EPA has generally approved all of the State's measures that 
the State has submitted to EPA as revisions to the SIP and that are not 
subject to the CAA section 209 waiver process. See, for example, EPA's 
final approval of the San Joaquin Valley PM2.5 plan at 76 FR 
69896 (November 9, 2011) and accompanying Technical Support Document 
and Responses to Comments.\16\ Since 2006, ARB has adopted additional 
measures that will provide further reductions in the San Diego 8-hour 
area. The 2007 State Strategy measures listed in table 4 reduce 
emissions of VOCs and NOX and have been approved into the 
SIP or granted a waiver.
---------------------------------------------------------------------------

    \15\ The 2007 State Strategy can be found at: http://arb.ca.gov/planning/sip/2007sip/apr07draft/sipback.pdf. See page 38 for a list 
of actions.
    \16\ This document, titled ``Technical Support Document and 
Responses to Comments: Final Rule on the San Joaquin Valley 2008 
PM2.5 State Implementation Plan,'' dated September 30, 
2011, can be found on the Internet in the docket for EPA's final 
approval of the San Joaquin Valley plan to attain the 1997 
PM2.5 NAAQS at: http://www.regulations.gov/#!documentDetail;D=EPA-R09-OAR-2010-0516-0175.

    Table 4--Status of Control Measures in CARB's 2007 State Strategy
 Contributing Towards Attainment and/or Continued Attainment of the 1997
                Ozone NAAQS in the San Diego 8-Hour Area
------------------------------------------------------------------------
             Measure               Date of adoption     Current status
------------------------------------------------------------------------
Modifications to Reformulated     June 14, 2007.....  Approved 75 FR
 Gasoline.                                             26653, May 12,
                                                       2010.
Clean Up Existing Harbor Craft..  November 15, 2007.  Waiver granted; 76
                                                       FR 77521,
                                                       December 13,
                                                       2011.
Ship Auxiliary Engine Cold        December 6, 2007..  Waiver granted; 76
 Ironing and Clean Technology.                         FR 77515,
                                                       December 13,
                                                       2011.
Consumer Products Program         May 6, 2005;        Approved: 74 FR
 Regulations.                      September 26,       57074, November
                                   2007; May 5,        4, 2009; 76 FR
                                   2009; August 6,     27613, May 12,
                                   2010.               2011; 77 FR 7535,
                                                       February 13,
                                                       2012.
Smog Check Improvements.........  August 31, 2009...  Elements approved
                                                       75 FR 38023, July
                                                       1, 2010.
Cleaner In-Use Heavy-Duty Trucks  December 16, 2010.  Approved 77 FR
                                                       20308, April 4,
                                                       2012.
Cleaner In-Use Off-Road           December 17, 2010.  Waiver decision
 Equipment.                                            pending.
Port Truck Modernization........  December 17, 2010.  Adopted December
                                                       2007 and December
                                                       2008.
------------------------------------------------------------------------

    A detailed list of the SDAPCD, CARB, and EPA measures, including 
those adopted and implemented prior to 2002, contributing to attainment 
and maintenance of the 1997 ozone standard can be found in Appendix B 
of the San Diego 8-hour maintenance plan.\17\
---------------------------------------------------------------------------

    \17\ In addition, the U.S. Secretary of State has accepted the 
designation by the International Maritime Organization of an 
Emission Control Area (ECA) in the waters off the North American 
coasts. Under this designation, ships are required to meet tighter 
fuel and emissions standards than would otherwise apply. Within the 
North American ECA, the effective date of the first-phase fuel 
sulfur standard was August 2012, and the second phase begins January 
2015. Beginning in 2016, NOX aftertreatment requirements 
become applicable. San Diego County will benefit from the ECA 
because ships complying with ECA standards will reduce their 
emissions of NOX, sulfur oxides, and fine particulate 
matter. Appendix B of the San Diego 8-hour maintenance plan does not 
include this measure.
---------------------------------------------------------------------------

    We note that the control measures cited in the San Diego 8-hour 
maintenance plan, in particular those for on-road and non-road sources, 
have provided emissions reductions since 2002, and thus, the 
improvement in air quality since 2002 may reasonably be attributed to 
them. For instance, the federal gasoline and diesel fuel standards 
adopted in 2010 (65 FR 6698, February 10, 2000) have greatly lowered 
the allowable sulfur content of fuels and resulted in lower emissions, 
especially NOX, from cars and trucks. The State and federal 
on-road and nonroad vehicle and engine standards have contributed to 
improved air quality through the gradual, continued turnover and 
replacement of older model vehicles with newer model vehicles 
manufactured to meet increasingly stringent tailpipe emissions 
standards.
    With respect to the connection between emissions reductions and 
improvement in air quality, we also conclude that the air quality 
improvement since 2002 in the San Diego 8-hour area is not the result 
of a local economic downturn or unusual or extreme weather patterns. 
San Diego did not observe any anomaly over the period from 2002 to 2011 
relative to long-term averages. We do recognize that a significant 
economic slowdown occurred nationally starting in 2008, but we note 
that the downward trend in VOC and NOX emissions had already 
been established before that time.\18\ We also reviewed temperature 
data for the 1993-2011 period \19\ and the analysis of this data 
included in the San Diego 8-hour maintenance plan. The data indicate 
that although the 2009-2011 attainment period was slightly cooler than 
the long-term average, there were six other three-year periods since 
1993 that were at least as cool or cooler than the 2009-2011 period, 
that also had 8-hour design values above the 1997 ozone NAAQS. Thus, 
the temperature records support the conclusion that attainment did not 
result from unusually favorable meteorology during 2009-2011.
---------------------------------------------------------------------------

    \18\ See Figure 4-1, titled ``San Diego County VOC + 
NOX Emission Reductions Despite Growth,'' on page 4-3 of 
the San Diego 8-hour maintenance plan.
    \19\ See Figure 4-2, titled ``San Diego County Three-Year 
Average Ozone Season Daily Maximum Temperatures,'' on page 4-5 of 
the San Diego 8-hour maintenance plan.
---------------------------------------------------------------------------

    We find that the improvement in air quality in the San Diego 8-hour 
area is the result of permanent and enforceable emissions reductions 
from a combination of federal vehicle and fuel measures and EPA-
approved state and local control measures. As such, we propose to find 
that the criterion for redesignation set forth at CAA section 
107(d)(3)(E)(iii) is satisfied.

D. The Area Must Have a Fully Approved Maintenance Plan Under CAA 
Section 175A

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from

[[Page 17911]]

nonattainment to attainment. We interpret this section of the Act to 
require, in general, the following core elements: Attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and contingency plan. See Calcagni memo, pages 8 
through 13.
    Under CAA section 175A, a maintenance plan must demonstrate 
continued attainment of the applicable NAAQS for at least ten years 
after EPA approves a redesignation to attainment. Eight years after 
redesignation, the State must submit a revised maintenance plan that 
demonstrates continued attainment for the subsequent ten-year period 
following the initial ten-year maintenance period. To address the 
possibility of future NAAQS violations, the maintenance plan must 
contain such contingency provisions, that EPA deems necessary, to 
promptly correct any violation of the NAAQS that occurs after 
redesignation of the area to attainment. Based on our review and 
evaluation of the plan, as detailed below, we are proposing to approve 
the San Diego maintenance plan because we believe that it meets the 
requirements of CAA section 175A.
1. Attainment Inventory
    A maintenance plan for the 1997 8-hour ozone standard must include 
an inventory of emissions of ozone precursors (VOC and NOX) 
in the area to identify a level of emissions that are sufficient to 
attain the 1997 ozone NAAQS. This inventory must be consistent with 
EPA's most recent guidance on emissions inventories for nonattainment 
areas available at the time and should represent emissions during the 
time period associated with the monitoring data showing attainment. The 
inventory must also be comprehensive, including emissions from 
stationary, area, nonroad mobile, and on-road mobile sources, and must 
be based on actual ``ozone season data'' (i.e., summertime) emissions.
    SDAPCD selected year 2011 as the year for the attainment inventory 
in the San Diego maintenance plan. The attainment inventory will 
generally be the actual inventory during the time period the area 
attained the standard. Thus, SDAPCD's selection of 2011 for the 
attainment inventory is acceptable.
    In addition to the 2011 attainment inventory, the San Diego 8-hour 
maintenance plan also includes emissions inventories for 2002, 2015, 
2020, and 2025. Based on our review of the San Diego 8-hour maintenance 
plan, we find that the emissions inventories in the plan are 
comprehensive in that they include estimates of VOC and NOX 
emissions for 2002, 2011, 2015, 2020, and 2025 from 69 relevant source 
categories, which the plan groups among stationary, areawide, on-road 
mobile, and non-road mobile sources. See tables A-1 and A-2 in Appendix 
A of the San Diego 8-hour maintenance plan.
    The stationary source category includes non-mobile, fixed sources 
of air pollution. Examples of sources included in this category include 
fuel combustion (e.g., electric utilities), waste disposal (e.g., 
landfills), and oil and gas production. SDAPCD's 2002, 2011, 2015, 
2020, and 2025 inventories for stationary sources were developed using 
ARB's Southern California 2012 SIP Baseline Emission Projection--
Version 1.02 Planning Inventory Tool, which is based on methodologies 
in CARB's California Almanac of Emissions and Air Quality--2009 Edition 
(CARB's 2009 Almanac).\20\ Information reported by emission sources to 
SDAPCD and entered into the California Emission Inventory Development 
and Reporting System (CEIDARS) database \21\ was also used to generate 
actual emissions data for stationary sources. For areawide sources, 
CARB calculated emissions based on reported data for fuel usage, 
product sales, population, employment data, and other parameters 
covering a wide range of activities.\22\
---------------------------------------------------------------------------

    \20\ CARB's 2009 Almanac contains information about current and 
historical air quality and emissions in California. In addition, 
forecasted emissions are presented. See http://www.arb.ca.gov/aqd/almanac/almanac09/almanac09.htm.
    \21\ The CEIDARS database consists of two categories of 
information: source information (for further information, see: 
http://www.arb.ca.gov/ei/drei/maintain/dbstruct.htm#source) and 
utility information (for further information, see: http://www.arb.ca.gov/ei/drei/maintain/dbstruct.htm#utility). Source 
information includes the basic inventory information generated and 
collected on all point and area sources. Utility information 
generally includes auxiliary data, which helps categorize and 
further define the source information. Used together, CEIDARS is 
capable of generating complex reports based on a multitude of 
category and source selection criteria.
    \22\ For more information on emissions from the area-wide source 
category, see the CARB Web site: http://www.arb.ca.gov/ei/areasrc/areameth.htm.
---------------------------------------------------------------------------

    The on-road mobile source category consists of mobile sources such 
as trucks, automobiles, buses, and motorcycles. The on-road emissions 
inventory estimates in the San Diego 8-hour maintenance plan were 
prepared by CARB using EMFAC2011, a CARB model for on-road motor 
vehicle emissions.\23\ The vehicle miles traveled estimates needed for 
input into the emissions model were developed by the San Diego 
Association of Governments (SANDAG) for the 2050 Regional 
Transportation Plan. The transportation modeling process used by SANDAG 
is described in Appendix B (Air Quality Planning and Transportation 
Conformity) of the 2050 Regional Transportation Plan.\24\
---------------------------------------------------------------------------

    \23\ See 78 FR 14533 (March 6, 2013) regarding EPA approval of 
the latest version of the California EMFAC model (short for 
EMissionFACtor) and announcement of its availability. The software 
and detailed information on the EMFAC vehicle emission model can be 
found on the following CARB Web site: http://www.arb.ca.gov/msei/msei.htm.
    \24\ SANDAG's transportation activity modeling process is 
described in Appendix B (Air Quality Planning and Transportation 
Conformity) of the 2050 Regional Transportation Plan, which can be 
found on the Internet at: http://www.sandag.org/index.asp?projectid=349&fuseaction=projects.detail.
---------------------------------------------------------------------------

    With respect to nonroad mobile sources, the category includes 
aircraft, trains and boats, and off-road vehicles and equipment used 
for construction, farming, commercial, industrial, and recreational 
activities. CARB used its OFFROAD2007 model to calculate the nonroad 
emissions.\25\ In general, emissions are calculated using equipment 
population, engine size and load, usage activity, and emission factors.
---------------------------------------------------------------------------

    \25\ See http://www.arb.ca.gov/msei/offroad/offroad.htm.
---------------------------------------------------------------------------

    Tables 5 and 6 below present the VOC and NOX emissions 
inventory estimates contained in the San Diego 8-hour maintenance plan 
for actual 2011 emissions and projected 2015, 2020, and 2025 emissions. 
Based on the 2011 estimates in tables 5 and 6, mobile sources accounted 
for 53% of the VOC and 94% of NOX emissions within the San 
Diego 8-hour area. Stationary sources, consumer products, and other 
areawide sources represented 22%, 12%, and 13% of VOC emissions, 
respectively. Stationary and areawide sources accounted for only 6% of 
the NOX emissions. Future emissions levels for 2015, 2020, 
and 2025 are forecasted by adjusting the attainment year emissions 
inventory to reflect projected growth in emitting activities and 
additional control of emission rates that will be provided by continued 
implementation of the existing federal, State and SDAPCD emissions 
control regulations. Growth in emitting activities is projected based 
on

[[Page 17912]]

forecasted growth in socio-economic factors such as population, 
employment, industrial production, and vehicle miles of travel.
---------------------------------------------------------------------------

    \26\ Because potential changes in military activities do not 
follow socio-economic factors, SDAPCD obtained from the Department 
of the Navy, for inclusion in the maintenance demonstration, a 
projection of future mobile source emissions from potential 
additional military activity (beyond that assumed in the baseline 
emissions) that may occur during the maintenance period at Coast 
Guard, Navy, and Marine Corps facilities in San Diego County. See 
``Department of Navy Emissions Growth Increment Request for the San 
Diego Air Pollution Control District,'' May 24, 2011.

              Table 5--2011 and Projected 2015, 2020, and 2025 VOC Emissions Total Daily Emissions
                                          [tpd, average summer weekday]
----------------------------------------------------------------------------------------------------------------
                                                                                VOC
                 Source category                 ---------------------------------------------------------------
                                                       2011            2015            2020            2025
----------------------------------------------------------------------------------------------------------------
Stationary......................................            31.1            33.1            35.8            36.8
Consumer Products...............................            17.9            16.9            17.6            18.3
Other Areawide..................................            18.0            18.4            19.1            19.2
On-road Motor Vehicles..........................            35.3            26.4            20.5            18.3
Non-road Mobile.................................            40.3            37.1            35.4            36.1
Banked Emission Credits.........................  ..............             0.9             0.9             0.9
Military \26\...................................  ..............             1.0             1.0             1.0
                                                 ---------------------------------------------------------------
    Total.......................................           142.6           133.9           130.3           130.6
----------------------------------------------------------------------------------------------------------------
Source: Appendix A, San Diego 8-hour maintenance plan.


              Table 6--2011 and Projected 2015, 2020, and 2025 NOX Emissions Total Daily Emissions
                                          [tpd, average summer weekday]
----------------------------------------------------------------------------------------------------------------
                                                                                NOX
                 Source category                 ---------------------------------------------------------------
                                                       2011            2015            2020            2025
----------------------------------------------------------------------------------------------------------------
Stationary......................................             6.3             5.6             5.5             5.6
Areawide........................................             1.7             1.8             1.9             2.0
On-road Motor Vehicles..........................            70.9            52.5            35.9            27.6
Non-road Mobile.................................            58.6            54.9            50.4            47.5
Banked Emission Credits.........................  ..............             0.7             0.7             0.7
Military \27\...................................  ..............             4.4             4.4             4.4
                                                 ---------------------------------------------------------------
    Total.......................................           137.5           119.9            98.9            87.8
----------------------------------------------------------------------------------------------------------------
Source: Appendix A, San Diego 8-hour maintenance plan.

    Based on our review of the emissions inventories (and related 
documentation) from the San Diego 8-hour maintenance plan, we find that 
the 2011 attainment year emissions inventory is comprehensive, that the 
methods and assumptions used by SDAPCD and CARB to develop the 
inventory are reasonable, and that the inventory reasonably estimates 
actual ozone season emissions in the 2011 attainment year. Moreover, we 
find that the 2011 emissions inventory reflects the latest planning 
assumptions and emissions models available at the time the plan was 
developed, and provides a comprehensive and reasonably accurate basis 
upon which to forecast ozone precursor emissions for years 2015, 2020 
and 2025.
---------------------------------------------------------------------------

    \27\ See previous footnote.
---------------------------------------------------------------------------

2. Maintenance Demonstration
    CAA section 175A(a) requires that the maintenance plan ``provide 
for the maintenance of the national primary ambient air quality 
standard for such air pollutant in the area concerned for at least 10 
years after the redesignation.'' Generally, a state may demonstrate 
maintenance of the 1997 ozone standard by either showing that future 
emissions will not exceed the level of the attainment year inventory or 
by modeling to show that the future mix of sources and emissions rates 
will not cause a violation of the NAAQS. For areas that are required 
under the Act to submit modeled attainment demonstrations, the 
maintenance demonstration should use the same type of modeling. See 
Calcagni memo, page 9. The San Diego 8-hour area was not required to 
submit a modeled attainment demonstration, and thus, the San Diego 8-
hour maintenance plan may demonstrate maintenance based on a comparison 
of existing and future emissions of ozone precursors.\28\
---------------------------------------------------------------------------

    \28\ A maintenance demonstration need not be based on ozone 
modeling. See Wall v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 
FR 53094, at pages 53099-53100 (October 19, 2001), and 68 FR 25413, 
pages 25430-25432 (May 12, 2003).
---------------------------------------------------------------------------

    In addition to accounting for area-wide growth trends, SDAPCD 
included a growth increment for potential future military projects that 
may become operational during the maintenance period at Coast Guard, 
Navy, or Marine Corps facilities in the San Diego 8-hour area. SDAPCD 
also added to the maintenance-year inventory banked emissions reduction 
credits (ERCs) of 0.9 tpd of VOCs and 0.7 tpd of NOX from 
stationary sources in the event that the ERCs are used for the purpose 
of issuing permits for new or modified stationary sources in the San 
Diego 8-hour area. We have reviewed the methods and assumptions, as 
described in connection with the attainment year inventory, that SDAPCD 
and CARB used to project emissions to 2015, 2020, and 2025 for the 
various source categories and find the methods and assumptions to be 
reasonable.
    Tables 5 and 6 compare the VOC and NOX emissions 
estimated for the San Diego 8-hour area for the 2011 attainment year 
with the 2015 and 2020 interim years, and 2025 maintenance year. By 
2025, San Diego County ozone precursor emissions are projected to 
decrease by 12.1 tons per day (8%) for VOC and 49.7 tons per day (36%) 
for NOX relative to the 2011 attainment year inventory. The 
projected VOC and NOX emissions show that VOC and 
NOX emissions would remain well below the attainment year 
levels through 2025 and thereby adequately demonstrate

[[Page 17913]]

maintenance through at least a 10-year period.
3. Monitoring Network
    Continued ambient monitoring of an area is generally required over 
the maintenance period. As discussed in section V.A of this document, 
ozone is currently monitored by SDAPCD at nine sites within the San 
Diego 8-hour area. SDAPCD also commits to continue operating the 
ambient ozone monitoring network, quality assuring the resulting 
monitoring data, and entering all data into the AQS in accordance with 
federal requirements and guidelines to verify continued attainment of 
the 1997 8-hour ozone NAAQS.\29\ See page 5-5 of the San Diego 8-hour 
maintenance plan. We find SDAPCD's commitment for continued ambient 
ozone monitoring as set forth in its San Diego 8-hour maintenance plan 
to be acceptable.
---------------------------------------------------------------------------

    \29\ Although the San Diego 8-hour maintenance plan is not 
explicit in this regard, we presume that SDAPCD's intention to 
continue operation of a monitoring network means that the agency 
intends to do so consistent with EPA's monitoring requirements in 40 
CFR part 58 (``Ambient Air Quality Surveillance'').
---------------------------------------------------------------------------

4. Verification of Continued Attainment
    CARB and SDAPCD have the legal authority to implement and enforce 
the requirements of the San Diego 8-hour maintenance plan. This 
includes the authority to adopt, implement and enforce any emission 
control contingency measures determined to be necessary to correct 
violations of the 1997 ozone standard. To verify continued attainment, 
SDAPCD commits to the continued operation of an ozone monitoring 
network in accordance with federal requirements and guidelines to 
verify continued attainment of the 1997 ozone standard. SDAPCD also 
commits to annually reviewing ozone monitoring data from the three most 
recent, consecutive years to verify continued attainment of the 1997 
ozone standard through the maintenance period.
    In addition, the transportation conformity process, which requires 
a comparison of on-road motor vehicle emissions that would occur under 
new or amended regional transportation plans and programs with the 
MVEBs in the San Diego 8-hour maintenance plan, represents another 
means by which to verify continued attainment of the 1997 ozone 
standard in the San Diego 8-hour area. This alternate means of 
verifying continued attainment during the maintenance period is 
especially relevant for the San Diego 8-hour area, given the importance 
of motor vehicle emissions to the overall emissions inventories of 
ozone precursors in the area. It is important to note also that 
conformity applies to an area during its entire maintenance period. See 
page 5-3 of the San Diego 8-hour maintenance plan.
    Lastly, while not cited in the San Diego 8-hour maintenance plan, 
CARB and SDAPCD must inventory emissions sources and report to EPA on a 
periodic basis under 40 CFR part 51, subpart A (``Air Emissions 
Reporting Requirements''). These emissions inventory updates will 
provide a third means with which to track emissions in the area 
relative to those projected in the maintenance plan and thereby verify 
continued attainment of the 1997 ozone standard. These methods are 
sufficient for the purpose of verifying continued attainment.
5. Contingency Provisions
    Section 175A(d) of the Act requires that maintenance plans include 
contingency provisions, as EPA deems necessary, to promptly correct any 
violations of the NAAQS that occur after redesignation of the area to 
attainment. Such provisions 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 SIP for the area before 
redesignation of the area as an attainment area.
    Under section 175A(d), contingency measures identified in the 
contingency plan do not have to be fully adopted at the time of 
redesignation. However, the contingency plan is considered to be an 
enforceable part of the SIP and should ensure that the contingency 
measures are adopted expeditiously once they are triggered by a 
specified event. The maintenance plan should clearly identify the 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a specific timeline for action by the state. As a 
necessary part of the plan, the state should also identify specific 
indicators or triggers, which will be used to determine when the 
contingency measures need to be implemented.
    As required by section 175A of the CAA, SDAPCD has adopted a 
contingency plan to address possible future ozone air quality problems. 
See section 5.7 of the San Diego 8-hour maintenance plan. SDAPCD 
commits to annually review ozone monitoring data from the three most 
recent, consecutive years to verify continued attainment of the 1997 
ozone standard through the maintenance period.
    California's on-going emissions control program includes several 
recently adopted CARB mobile source control regulations (collectively 
referred to as California's Advanced Clean Cars Program) that will be 
implemented and achieve additional reductions in the San Diego 8-hour 
area during the maintenance period regardless of monitored ozone 
levels. The Advanced Clean Cars Program (ACCP), adopted on January 27, 
2012,\30\ will progressively tighten emissions control requirements for 
motor vehicles through model year 2025, and thus will provide 
additional emissions reductions over and above those needed for 
attainment and beyond those that are relied on to demonstrate 
maintenance in the San Diego 8-hour maintenance plan. The ACCP was not 
reflected in EMFAC2011, and the emissions inventories used for the 
maintenance demonstration in the San Diego 8-hour maintenance plan are 
based on EMFAC2011.\31\ Therefore, the emission reductions from the 
ACCP are surplus to the maintenance demonstration, and thus the ACCP is 
eligible as a contingency measure.
---------------------------------------------------------------------------

    \30\ On January 9, 2013, EPA approved CARB's request for a 
waiver of preemption under section 209(b) for its ACC regulations. 
See 78 FR 2112.
    \31\ See page 5-5 of San Diego 8-hour maintenance plan.
---------------------------------------------------------------------------

    The ACCP will provide continuing emissions reductions through the 
maintenance period and provide adequate additional reductions to 
address the CAA's contingency requirements. By 2025, the existing 
control program, not including CARB's ACCP adopted in 2012, is 
projected to reduce ozone precursor emissions in the San Diego 8-hour 
area by 20 tpd (14%) for VOC, and 52 tpd (39%) for NOX, 
below the 2011 attainment year emissions levels. Therefore, if new 
violations were to occur during the maintenance period, sufficient 
continuing emissions reductions are projected to ensure any violation 
will be quickly corrected and then provide for continued maintenance of 
the 1997 ozone NAAQS in the San Diego 8-hour area through the 
maintenance period. In a March 6, 2013 letter to EPA, SDAPCD clarified 
information in the San Diego 8-hour maintenance plan by stating the 
ACCP is the initial contingency measure for promptly correcting a 
violation. If after implementation of the ACCP a subsequent violation 
occurs, SDAPCD commits to work with EPA and CARB to adopt and implement 
additional contingency measure(s), as deemed necessary, as soon as 
possible but no later than 12 months after the date of the second 
violation.
    Upon our review of the plan and the March 6, 2013 clarification, as 
summarized above, we find that the

[[Page 17914]]

contingency provisions of the San Diego 8-hour maintenance plan 
identify specific contingency measures, contain tracking and triggering 
mechanisms to determine when contingency measures are needed, contain a 
description of the process of recommending and implementing contingency 
measures, and contain specific timelines for action. Thus, we conclude 
that the contingency provisions of the San Diego 8-hour maintenance 
plan are adequate to ensure prompt correction of a violation and 
therefore comply with section 175A(d) of the Act.
6. Subsequent Maintenance Plan Revisions
    CAA section 175A(b) provides that states shall submit a SIP 
revision eight years after redesignation providing for maintaining the 
NAAQS for an additional ten years. In the San Diego 8-hour maintenance 
plan, SDAPCD commits to prepare and submit a revised maintenance plan 
eight years after redesignation to attainment. See pages 5-6 of the San 
Diego 8-hour maintenance plan.
7. Motor Vehicle Emissions Budgets
    Transportation conformity is required by section 176(c) of the CAA. 
Our transportation conformity rule (codified in 40 CFR part 93, subpart 
A) requires that transportation plans, programs, and projects conform 
to SIPs and establishes the criteria and procedures for determining 
whether or not they do so. Conformity to the SIP means that 
transportation activities will not produce new air quality violations, 
worsen existing violations, or delay timely attainment of the national 
ambient air quality standards or delay any required interim milestones.
    Ozone maintenance plan submittals must specify the maximum 
emissions of transportation-related VOC and NOX emissions 
allowed in the last year of the maintenance period, i.e., the motor 
vehicle emissions budgets (MVEBs). (MVEBs may also be specified for 
additional years during the maintenance period.) The MVEBs serve as a 
ceiling on emissions that would result from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, transportation conformity rule (58 
FR 62188). The preamble describes how to establish MVEBs in the SIP and 
how to revise the MVEBs if needed.
    A maintenance plan submittal must also demonstrate that these 
emissions levels, when considered with emissions from all other 
sources, are 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). For more information on the transportation 
conformity requirements and applicable policies on MVEBs, please visit 
our transportation conformity Web site at: http://www.epa.gov/otaq/stateresources/transconf/index.htm.
    EPA's process for determining adequacy of a MVEB consists of three 
basic steps: (1) Providing public notification of a SIP submission; (2) 
providing the public the opportunity to comment on the MVEB during a 
public comment period; and, (3) making a finding of adequacy or 
inadequacy. The process for determining the adequacy of a submitted 
MVEB is codified at 40 CFR 93.118.
    The San Diego 8-hour maintenance plan contains new VOC and 
NOX MVEBs for 2020 and 2025 as shown in table 7. The MVEBs 
are the projected on-road mobile source VOC and NOX 
emissions for the San Diego 8-hour area for 2020 and 2025. They include 
a small safety margin created by rounding up the projected on-road 
mobile source emissions to the next whole number and adding two tons 
per day. The MVEBs are compatible with the 2020 and 2025 on-road mobile 
source VOC and NOX emissions included in the San Diego 8-
hour maintenance plan's 2020 and 2025 VOC and NOX emission 
inventories, as summarized above in tables 5 and 6. The conformity rule 
allows for a safety margin, and even with the small safety margin added 
to the on-road emissions, the overall emissions in the San Diego 8-hour 
area are consistent with continued maintenance of the 1997 ozone 
standard. The derivation of the MVEBs is discussed in section 5.3 of 
the San Diego 8-hour maintenance plan. The MVEBs incorporate: (1) On-
road motor vehicle emission inventory factors of EMFAC2011; and (2) 
updated recent vehicle activity data from SANDAG generated using 
TransCAD 5.0, ArcInfo, and other information sources as described in 
Appendix B of the 2050 Regional Transportation Plan (October, 
2011).\32\
---------------------------------------------------------------------------

    \32\ See http://www.sandag.org/uploads/2050RTP/F2050rtp_all.pdf.

    Table 7--Motor Vehicle Emissions Budgets in the San Diego 8-Hour
                            Maintenance Plan
------------------------------------------------------------------------
                                          VOC (tpd,         NOX (tpd,
             Budget year               average summer    average summer
                                          weekday)          weekday)
------------------------------------------------------------------------
2020................................                23                38
2025................................                21                30
------------------------------------------------------------------------
Source: Table 5-3 on page 5-4 of the San Diego 8-hour maintenance plan.

    The availability of the SIP submission with MVEBs was announced for 
public comment on EPA's Adequacy Web site on December 20, 2012, at: 
http://www.epa.gov/otaq/stateresources/transconf/currsips.htm, which 
provided a 30-day public comment period. The comment period for this 
notification ended on January 22, 2013, and EPA received no comments 
from the public. On March 11, 2013, EPA determined the 2020 and 2025 
MVEBs were adequate.\33\ The new MVEBs will be effective 15 days after 
a notice of adequacy is published in the Federal Register. After the 
effective date the new MVEBs must be used in future transportation 
conformity determinations for the San Diego 8-hour area.
---------------------------------------------------------------------------

    \33\ See March 11, 2013 letter from Deborah Jordan, Director, 
Air Division, USEPA Region 9, to James Goldstene, Executive Officer, 
CARB. A notice of adequacy will also be published in the Federal 
Register to notify the public that the Agency has found that the 
MVEBs for ozone for the years 2020 and 2025 are adequate for 
transportation conformity purposes.
---------------------------------------------------------------------------

    EPA proposes to approve 2020 and 2025 MVEBs in the San Diego 8-hour 
maintenance plan for transportation conformity purposes in the final 
rulemaking on CARB's redesignation request for the San Diego 8-hour 
area. EPA has determined through its thorough review of the submitted 
maintenance plan that the MVEB emission targets are consistent with 
emission control measures in the SIP and that the San Diego 8-hour area 
can maintain attainment of the 1997 ozone NAAQS. The details of EPA's 
evaluation of the MVEBs for compliance with the budget adequacy 
criteria of 40 CFR 93.118(e) are provided in a separate adequacy letter 
\34\ included in the docket of this rulemaking. As indicated above, the 
MVEBs must be used in any conformity determination made after the 
adequacy finding on the budgets is effective, which will be 15 days 
after the notice of adequacy is published in the Federal Register.\35\
---------------------------------------------------------------------------

    \34\ See March 11, 2013 letter in footnote 33 and enclosure 
titled, ``Transportation Conformity Adequacy Review,'' for Motor 
Vehicle Emission Budgets in San Diego 8-hour maintenance plan.
    \35\ The Federal Register notice announcing the notice of 
adequacy will be in the docket for this rulemaking and on EPA 
adequacy web page: http://www.epa.gov/otaq/stateresources/transconf/reg9sips.htm#ca.

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[[Page 17915]]

VI. Proposed Action and Request for Public Comment

    Under CAA section 110(k)(3), and for the reasons set forth above, 
EPA is proposing to approve CARB's submittal dated December 28, 2012 of 
the Redesignation Request and Maintenance Plan for the 1997 National 
Ozone Standard for San Diego County (December 2012) as a revision to 
the California state implementation plan (SIP). In connection with the 
San Diego 8-hour maintenance plan, EPA finds that the maintenance 
demonstration showing how the area will continue to attain the 1997 8-
hour ozone NAAQS for 10 years beyond redesignation (i.e., through 2025) 
and the contingency provisions describing the actions that SDAPCD and 
CARB will take in the event of a future monitored violation meet all 
applicable requirements for maintenance plans and related contingency 
provisions in CAA section 175A. EPA is also proposing to approve the 
motor vehicle emissions budgets (MVEBs) in the San Diego 8-hour 
maintenance plan (shown in table 7 of this document) because we find 
they meet the applicable transportation conformity requirements under 
40 CFR 93.118(e).
    Second, under CAA section 107(d)(3)(D), we are proposing to approve 
CARB's request, which accompanied the submittal of the maintenance 
plan, to redesignate the San Diego County 8-hour ozone nonattainment 
area to attainment for the 1997 8-hour ozone NAAQS. We are doing so 
based on our conclusion that the area has met the five criteria for 
redesignation under CAA section 107(d)(3)(E). Our conclusion in this 
regard is in turn based on our proposed determination that the area has 
attained the 1997 ozone NAAQS, that relevant portions of the California 
SIP are fully approved, that the improvement in air quality is due to 
permanent and enforceable reductions in emissions, that California has 
met all requirements applicable to the San Diego 8-hour area with 
respect to section 110 and part D of the CAA, and based on our proposed 
approval as part of this action of the San Diego 8-hour maintenance 
plan.
    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. We will accept comments from the 
public on this proposal for the next 30 days. We will consider these 
comments before taking final action.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. Redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. Accordingly, these actions merely propose to approve a 
State plan and redesignation request as meeting Federal requirements 
and do not impose additional requirements beyond those by State law. 
For these reasons, these proposed actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have Tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law. Nonetheless, in 
accordance with EPA's 2011 Policy on Consultation and Coordination with 
Tribes, EPA has notified Tribes located within the San Diego County 8-
hour ozone nonattainment.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, 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.

    Dated: March 14, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-06767 Filed 3-22-13; 8:45 am]
BILLING CODE 6560-50-P