[Federal Register: December 17, 2002 (Volume 67, Number 242)]
[Proposed Rules]
[Page 77204-77212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de02-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CA-274-0372; FRL-7422-5]
Approval and Promulgation of State Implementation Plans and
Designation of Areas for Air Quality Planning Purposes; California--
Coachella Valley
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve state implementation plan (SIP)
revisions submitted by the State of California to provide for
attainment of the particulate matter (PM-10) national ambient air
quality standard (NAAQS) in the Coachella Valley area and to establish
emissions budgets for purposes of transportation conformity. EPA is
also proposing to grant the State's request for an extension of the PM-
10 attainment deadline to December 31, 2006. EPA is proposing to
approve the SIP revisions under provisions of the Clean Air Act (CAA)
regarding EPA action on SIP submittals, SIPs for national primary and
secondary ambient air quality standards, and plan requirements for
nonattainment areas.
DATES: Written comments on this proposal must be received by January
16, 2003.
ADDRESSES: Comments should be mailed to: Eleanor Kaplan, Office of Air
Planning (AIR-2), EPA Region 9, 75 Hawthorne Street, San Francisco, CA
94105-3901. The rulemaking docket for this notice is available for
public inspection during normal business hours at the EPA Region 9
office. A reasonable fee may be charged for copying parts of the
docket.
Copies of the SIP materials are also available for inspection at
the following locations:
California Air Resources Board, 1001 I Street, Sacramento, California
95814
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, California 91765-0932. The 2002 plan is electronically
available at: http://www.aqmd.gov/aqmp/.
FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, (415) 947-4147 or
kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means EPA. This supplementary information is organized as
follows.
Table of Contents
I. Background
A. Summary
B. Description of the Coachella Valley and its PM-10 Problem
C. Particulate Matter and Health Effects
D. Design and Classification
E. CAA Requirements
II. Evaluation of SIP Submittal
A. Separation of Rulemaking Actions on the Annual and 24-hour
Standards
B. Emissions Inventory
C. Control Measures
D. Contingency Measure
E. Reasonable Further Progress and Milestones
F. Attainment Demonstration
G. Extension of Attainment Date
H. Review of the Natural Events Action Plan
I. Motor Vehicle Emission Budgets
III. Summary of EPA's Proposed Action
IV. Administrative Requirements
I. Background
A. Summary
We are proposing to approve the SIP revisions submitted by the
State of California to provide for the attainment of the particulate
matter (PM-10) NAAQS for the Coachella Valley (Valley) and to grant the
State's request that the attainment date be extended from December 31,
2001 to December 31, 2006. We are also proposing to approve the motor
vehicle emissions budgets contained in the revised SIP as adequate for
transportation conformity purposes.
B. Description of the Coachella Valley and its PM-10 Problem
The Coachella Valley PM-10 nonattainment area consists of an
approximately 2,500 square mile portion of central Riverside County in
California. The Valley, which is part of the Salton Sea Air Basin,
extends in a northwest-southeast direction from the Banning Pass to the
Salton Sea and is bounded by the San Jacinto Mountains to the west and
the Little San Bernardino Mountains to the east. The Valley includes
ten local jurisdictions, namely: the County of Riverside and the
following cities: Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage.
The Valley's climate is continental desert-type with hot summers,
mild winters and very little annual rainfall. Elevation ranges from
approximately 500 feet above sea level in the northern part of the
Valley to about 150 feet below sea level near the Salton Sea.
The economy of the Valley is mixed. The upper portion which
includes the area north of Indio is used primarily for resort and
retirement activities. The
[[Page 77205]]
lower portion is also urbanized but is oriented around an agricultural
economy that extends south of the Riverside County-Imperial County
boundary. Agricultural commodities such as citrus fruit, dates, grapes,
etc. are grown almost year round.
One of the major sources of PM-10 in the Valley is locally
generated fugitive dust. Fugitive dust usually refers to the dust put
into the atmosphere by the wind blowing over plowed fields, dirt roads
or desert or sandy areas with little or no vegetation. There are also
human caused sources of fugitive dust that include entrained road dust
from paved and unpaved roads, agriculture and construction activities
and disturbed vacant land.
In addition to man-made sources, windblown dust from the desert
also is a major contributor to PM-10 in the Valley. High winds occur in
the area because the low elevation in part of the Valley provides a
natural path for the movement of air from the ocean into the desert
during the summer and for the passage of storms moving from west to
east during the winter. These winds can occasionally exceed 60 miles
per hour and can pick up large amounts of natural desert soils which
can then be transported over large distances.
C. Particulate Matter and Health Effects
Particulate matter with an aerodynamic diameter of less than 10
micrometers (PM-10) is the pollutant that is the subject of this
action. The NAAQS are safety thresholds for certain ambient air
pollutants set by EPA to protect public health and welfare. PM-10 is
among the ambient air pollutants for which EPA has established a
health-based standard. There are two separate NAAQS for PM-10, an
annual standard of 50 micrograms per cubic meter ([mu]g/m3)
and a 24-hour standard of 150 [mu]g/m3.\1\ PM-10 causes
adverse health effects by penetrating deep in the lung, aggravating the
cardiopulmonary system. Children, the elderly, and people with asthma
and heart conditions are the most vulnerable.
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\1\ EPA revised the NAAQS for particulate matter on July 1, 1987
(52 FR 24672), replacing standards for total suspended particulates
with new standards applying only to particulate matter up to 10
microns in diameter (PM-10). At that time, EPA established two PM-10
standards. The annual PM-10 standard is attained when the expected
annual arithmetic mean of the 24-hour samples averaged over a 3-year
period does not exceed 50 micrograms per cubic meter ([mu]g/
m3). The 24-hour PM-10 standard of 150 [mu]g/
m3 is attained if samples taken for 24-hour periods have
no more than one expected exceedance per year, averaged over 3
years. See 40 CFR 50.6 and 40 CFR part 50, appendix K.
On July 18, 1997 EPA reaffirmed the annual PM-10 standard and
slightly revised the 24-hour standard (62 FR 38651). In the same
action, EPA also established two new standards for PM, both applying
only to particulate matter up to 2.5 microns in diameter (PM-2.5).
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D. Design and Classification
When the Clean Air Act Amendments (CAAA) were enacted in 1990, all
areas in the United States that were previously designated as federal
nonattainment areas for PM-10, including the Valley, were initially
designated as ``moderate'' PM-10 nonattainment. Once an area is
designated nonattainment, section 188 of the CAA outlines the process
for classification of the area and establishes the area's attainment
date.
EPA determined on January 8, 1993, that the Valley could not
practicably attain the PM-10 NAAQS by the applicable attainment
deadline for moderate areas which was December 31, 1994, per section
188 (c)(1) of the Act, and reclassified the area as serious PM-10
nonattainment. See 58 FR 3334. In accordance with section 189(b)(2) of
the Act, the applicable deadline for submittal of SIPs for the Valley
addressing the requirements for serious PM-10 nonattainment areas in
section 189(b) and (c) of the Act were:
(1) August 8, 1994 (18 months after the effective date of the
reclassification), SIP to ensure the implementation of BACM no later
than 4 years after reclassification;
(2) February 8, 1997 (4 years after the effective date of the
reclassification), SIP to provide for progress and expeditious
attainment.
The South Coast Air Quality Management District (SCAQMD), which has
jurisdiction over the Valley, adopted the 1994 Best Available Control
Measures (BACM) SIP for the Valley on July 8, 1994 and the California
Air Resources Board (CARB) submitted the plan to us on August 26, 1994.
The 1994 plan, in accordance with the provisions of CAA section
189(b)(1)(B), identified the Best Available Control Measures (BACM)
that were required for this serious PM-10 nonattainment area and
committed to implementation of these measures by February 8, 1997.
Subsequent air quality monitoring data indicated that there were no
violations of the annual or 24-hour PM-10 NAAQS in the Valley for the
years 1993-1995. On December 13, 1996 the SCAQMD adopted a Request for
Redesignation and a Maintenance Plan (``1996 plan'') and on February 5,
1997 CARB submitted the plan to us. The 1996 plan addressed the
remaining plan provisions for serious PM-10 nonattainment areas, as
specified in the CAA sections 188 and 189, and requested redesignation
to attainment based on three years of clean data. However, before EPA
acted on the 1996 plan, the area recorded a violation of the annual PM-
10 NAAQS during the period from 1999 through 2001 and was therefore
unable to meet its attainment date of December 31, 2001.
On June 21, 2002 and September 13, 2002 the SCAQMD adopted an
amendment to the 1996 Valley Plan (``2002 Plan''). The California Air
Resources Board (CARB) submitted the 2002 Plan to EPA on November 18,
2002. The amendment contains four revisions: (1) It requests an
extension of the attainment date to December 31, 2006; (2) it
demonstrates attainment by 2006; (3) it establishes motor vehicle
emissions budgets for purposes of transportation conformity and (4) it
formally withdraws the maintenance plan provisions and the
redesignation request contained in the 1996 plan. On November 20, 2002,
we found that the 2002 Plan met the completeness criteria in 40 CFR
part 51, appendix V.
For the 1996 and 2002 Plans the SCAQMD and CARB satisfied
applicable statutory and regulatory requirements for reasonable public
notice and hearing prior to adoption of both the 1996 and 2002 Plans,
and the motor vehicle budgets. The SCAQMD conducted public workshops,
and properly noticed the public hearings at which the Plans were
adopted. The SIP submittal for the 1996 and 2002 Plans includes proof
of publication of notices for the public hearings. Therefore, we
conclude that the 1996 and 2002 Plans met the public notice and
involvement requirements of sections 110(a)(1) of the CAA.
Beyond meeting the CAA public notice and involvement requirements,
the SCAQMD and the Coachella Valley Association of Governments (CVAG)
conducted an exemplary program involving the public in the SIP
development process. A Valley Task Force (Task Force) was formed with a
wide diversity of members including mayors and city council members of
all Valley cities, tribal chairs or co-chairs from all local Indian
tribes, city managers, representatives from the local farm bureau,
building industry association, developers, CALTRANS, and staff from the
SCAQMD, CARB and EPA. The Task Force operated through sub-committees to
review and comment on SIP development and implementation issues. The
Task Force intends to assist adoption and implementation of the control
measures that it helped develop.
[[Page 77206]]
E. CAA Requirements
Title I of the CAA was substantially amended in 1990 to establish
new planning requirements and attainment deadlines for the NAAQS. The
most fundamental of these nonattainment area provisions applicable to
the Valley is the requirement that the State submit a SIP demonstrating
attainment of the PM-10 NAAQS. This demonstration must be based upon
enforceable measures to achieve emission reductions leading to
emissions at or below the level predicted to result in attainment of
the NAAQS throughout the nonattainment area. The measures must meet the
standard for Reasonably Available Control Measures (RACM) and BACM and
the measures must be implemented expeditiously and ensure attainment no
later than the applicable CAA deadline.
EPA has issued a ``General Preamble'' describing the Agency's
preliminary views on how EPA intends to act on SIPs submitted under
Title I of the Act. See 57 FR 13498 (April 16, 1992), 57 FR 18070
(April 28, 1992). EPA later issued an Addendum to the General Preamble
providing guidance on SIP requirements for serious PM-10 areas. 59 FR
41998 (August 16, 1994). The reader should refer to these documents for
a more detailed discussion of EPA's preliminary interpretations of
Title I requirements. In this proposed rulemaking action, EPA applies
these policies to the Valley PM-10 SIP submittal, taking into
consideration the specific factual issues presented.
Since the 2002 Plan requests an extension of the attainment date
beyond the applicable deadline of December 31, 2001, it is also subject
to the provisions of CAA section 188(e) which deal with the
requirements for extension of attainment dates for serious PM-10
nonattainment areas.
II. Evaluation of the SIP Submittals
A. Separation of Rulemaking Actions on the Annual and 24-hour Standards
Although, as discussed above, the Act contains two PM-10 NAAQS (an
annual and a 24-hour standard) in this proposed action we are
evaluating the Valley 2002 Plan only for its compliance with the
requirements for attaining the annual PM-10 standard.\2\ We need not,
at this time, evaluate the plan for its compliance with the Act's
requirements for the 24-hour PM-10 standard because the data indicate
that there were no violations of the 24-hour standard during the period
1993-2001.\3\ We find therefore that the area is currently in
attainment for the 24-hour PM standard.
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\2\ The two PM-10 standards are independent and must be
addressed independently by states in their SIPs. This independence
was highlighted by the Ninth Circuit Court of Appeals in Ober v.
EPA, 84 F.3d 304 (9th Cir. 1996).
\3\ There were exceedances of the 24-hour PM-10 standard during
2000-2001 but not in 1999. Those exceedances were caused by high
wind events and were flagged by the SCAQMD under the provisions of
EPA's Natural Events Policy which is discussed in detail in Section
III of this proposed action. If EPA concurs that data were properly
flagged under that policy, the data are not used for purposes of
determining attainment of the NAAQS or for computing a design value
for the area. EPA has received documentation from CARB justifying
the flagging of each of these events under the Natural Events Policy
and concurs with CARB's justification. Given the flagging of all the
24-hour exceedances during 2000 and 2001, EPA concludes that there
was no violation of the 24-hour standard during the period from
1999-2001.
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Although the Valley had attained both the annual and 24-hour PM-10
NAAQS during the years 1993-1995, increased construction activities in
the Valley during the period 1999-2001 caused a violation of the annual
standard at the area's two monitoring sites as shown in Table 1.
Table 1.--Annual Arithmetic Mean for PM-10 in the Valley, 1999-2001
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1999 2000 2001 Expected AAM
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Indio........................................... 52.7 51.9 49.4 51.3
Palm Springs.................................... 28.9 24.4 26.7 26.7
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Note: samples collected on high wind days are excluded.
B. Emissions Inventory
CAA section 172(c)(3) requires that nonattainment area plans
include a comprehensive, accurate, and current inventory of actual
emissions from all sources in the nonattainment area.
The inventory in the 2002 Plan supersedes the 1996 Plan inventory
and includes a 2000 base year inventory that utilizes the 1995
inventory representing annual average and 24-hour emissions.
Information on the methodology that was employed in developing
estimates for emissions sources for the 1995 inventory is contained in
Chapter 3 of the 1996 Plan.
In addition to the 2000 base year inventory, the 2002 Plan provides
future year inventories for 2003 and 2006. The emission reductions
assumed from control measure implementation by December 2003 are
included in the 2003 inventory.
CARB uses a California-specific model known as EMFAC for the mobile
source component of the emissions inventories, including the model used
to calculate exhaust and evaporative emissions from motor vehicles and
the contribution of mobile emissions to the PM-10 inventory. The
version of the model that was and remains currently available for use
in the 1996 and 2002 Plans is known as EMFAC 7G, adopted by CARB in
1996. (CARB, Methodology for Estimating Emissions from On-Road Motor
Vehicles, 1996). EPA has approved EMFAC 7G for use in transportation
plan and program conformity analyses (letter from David Howekamp, EPA
to Michael P. Kenny, CARB, dated April 16, 1998).
CARB has recently prepared draft revisions to EMFAC 7G, which CARB
has committed to finalize and submit in the near future. However,
because EMFAC 7G represented the best available emissions model at the
time the plan was developed and submitted, our approval of the 2002
Plan's emissions inventory and the motor vehicle emissions budgets
derived from EMFAC 7G is warranted at this time.
Both SCAQMD and CARB have committed to submit within a very short
period of time a revised plan with updated and refined emission
inventories and budgets. The agencies will base the new plan and
budgets on use of the most current and accurate emissions data,
including the revised version of the EMFAC model for motor vehicle
emissions incorporating the latest planning assumptions on vehicle
fleet and age distribution, and incorporating the latest activity
levels.
In proposing to approve the 2002 Plan based on EMFAC 7G, we also
find it significant that the motor vehicle exhaust and brake and tire
wear emissions in both the 1996 and 2002
[[Page 77207]]
Plan inventories constitute only about 3% of the total emissions,
demonstrating that PM-10 from motor vehicles (exclusive of reentrained
dust from paved and unpaved roads) is not a significant contributor to
the air quality problem in the Valley. In summary, we are proposing to
approve the 2002 Plan based on EMFAC 7G because it is the only
currently approved model, CARB and SCAQMD have committed to revise the
PM-10 Plan based on the updated version of EMFAC in 2003, and the
overall contribution of PM-10 from motor vehicles is only about 3%.
The transportation conformity implications of our proposed approval
are discussed later in this document in Section II under Motor Vehicle
Emissions Budgets.
C. Control Measures
1. Applicable Requirements
Because the Valley is classified as serious nonattainment for PM-
10, the nonattainment plan for the area must include control measures
that reflect a BACM level of control for each source category that
contributes significantly to a violation of the annual NAAQS. CAA
section 189(b)(1)(B).\4\
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\4\ When a moderate area is reclassified to serious, the
requirement to implement RACM in section 189(a)(1)(C) continues to
apply. Thus, a serious area's PM-10 plan must provide for the
implementation of RACM as expeditiously as practicable to the extent
that the RACM requirements have not been satisfied in the area's
moderate plan. We are not making an independent assessment of the
Plan's control measures against the RACM and RACT requirements since
the plan will meet RACM and RACT requirements if it is found to meet
the BACM requirement.
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By analogy to Title I Part C of the Clean Air Act relating to
Prevention of Significant Deterioration (PSD), EPA interprets BACM for
serious PM-10 areas as generally similar to the definition of Best
Available Control Technology (BACT) for the PSD program. PM-10 BACM is
therefore defined as ``the maximum degree of emissions reduction of PM-
10 and PM-10 precursors from a source * * * which is determined on a
case by case basis, taking into account energy, environmental, and
economic impacts and other costs, to be achievable for such source
through application of production processes and available methods,
systems, and techniques for control of each such pollutant.'' General
Preamble Addendum, 59 FR 42010 (August 16, 1994).
Finally, the control measures in the serious area plan must be
sufficient to achieve expeditious attainment by the applicable date.
2. Identification of Significant Source Categories
The 1996 Plan (Tables 4-1 and 4-2) used receptor modeling to
identify the emission sources that contribute to the PM-10 air quality
at specific receptor sites. The receptor model used is the Chemical
Mass Balance (CMB) Model. This method matches the measured chemical
components of the PM-10 samples with known chemical profiles of
individual sources of PM-10 particles. The results of this model are
shown in Table 4-1 of the 1996 Plan ``Annual Average Source
Contributions for the Coachella Valley.''
Future year PM-10 concentrations were estimated using a linear
rollback approach for each primary source. In the linear rollback
approach, it is presumed that future year PM-10 contributions from each
source category are a linear function of emission rates for each source
category. Table 4-3 in the 1996 Plan provides base year and future
ambient PM-10 concentrations.
From these evaluations, the 1996 Plan identified significant
sources and a determination of which categories have ``significant''
impacts on PM-10 concentrations. The significant sources identified
include background, transport, mobile, fugitive dust (including
construction, paved roads, unpaved roads, agriculture, windblown), and
vegetative burning.
We propose to find that the 2002 Plan has not excluded any source
categories that should be considered significant from its list of
significant source categories. The 2002 Plan presents acceptable
modeling to evaluate the impact of various PM-10 sources and source
categories on PM-10 levels.
The 2000 inventory in the 2002 Plan indicates that emissions from
industrial point sources were insignificant--0.29 tons per day out of a
total of 54.44 tons per day from all sources. Therefore, based on their
negligible impact on ambient PM-10 levels, we propose to determine that
major sources of PM-10 precursors do not contribute significantly to
PM-10 levels which exceed the annual standard in the Valley.
3. Description of Control Measures
(a) BACM: Existing Controls
In the 1994 plan (Chapter 4) and the 1996 plan (Chapter 1), the
SCAQMD has provided extensive documentation on both the control
measures included in the plan and those rejected. The documentation
quantifies the costs of implementation, discusses the technological
feasibility of control options, explains the schedule for expeditious
implementation and examines other factors as part of a comprehensive
justification of the measures as reflecting BACM. Implementation of
BACM in the Valley has been carried out through dust control ordinances
of the local jurisdictions in Valley, and with AQMD Rules 403 and 403.1
serving as backstop regulations for the Valley's construction activity
emissions.
The local ordinances developed by Riverside County, Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm
Desert, Palm Springs and Rancho Mirage are based on a model fugitive
dust control ordinance developed by CVAG, local governments, and the
SCAQMD. The ordinances typically require: (1) Dust control plans for
each construction project needing a grading permit; (2) plans to pave
or chemically treat unpaved surfaces if daily vehicle trips exceed 150;
(3) imposition of 15 mph speed limits for unpaved surfaces if daily
vehicle trips do not exceed 150; (4) paving or chemical treatment of
unpaved parking lots; and (5) actions to discourage use of unimproved
property by off-highway vehicles.
SCAQMD Rule 403, Fugitive Dust, helps to establish performance
criteria for the local dust ordinances and also serves as a backstop
rule for the Valley. The Rule establishes reasonably available and best
available fugitive dust control measures to reduce fugitive dust
emissions associated with agricultural operations, construction/
demolition activities (including grading, excavation, loading,
crushing, cutting, planing, shaping or ground breaking), earth-moving
activities, track out of bulk material onto public paved roadways, and
open storage piles or disturbed surface areas.
The Rule 403 Handbook allows producers to be exempted from Rule 403
requirements if they implement a specified number of conservation
practices listed for the particular operation. The handbook includes
conservation practices for active operations, inactive operations, farm
yard areas, track-out, unpaved roads, and storage piles. EPA approved
the handbook into the SIP because implementation of the conservation
practices should achieve the emission reductions that would otherwise
be accomplished through compliance with the general provisions of Rule
403. (65 FR 8057, February 17, 2000).
SCAQMD Rule 403.1, Wind Entrainment of Fugitive Dust, establishes
dust control requirements under high wind conditions in the Valley. The
Rule consists of additional
[[Page 77208]]
fugitive dust measures for agriculture, abandoned disturbed surface
areas, and bulk material deposits entrained by high winds within the
Valley. EPA also approved the sections of Rule 403.1 Implementation
Handbook including the chapters on ``Wind Monitoring'' and ``Storage
Piles''.\5\
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\5\ EPA originally approved a version of Rule 403 into the SIP
on June 14, 1978. The SCAQMD subsequently revised the rule in 1992,
1993 and February 14, 1997. On August 11, 1998 (63 FR 42786) EPA
proposed granting limited approval and limited disapproval of Rule
403 as amended on February 14, 1997 because it did not fully meet
the CAA provisions regarding plan submissions and requirements for
nonattainment areas. EPA gave final limited approval and disapproval
of Rule 403 on December 9, 1998 (63 FR 67784). Following another
amendment that was submitted by the SCAQMD as a SIP revision on May
13, 1999, EPA granted full approval of the Rule on February 17, 2000
(65 FR 8057).
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Clean Streets Management Program: In order to assure implementation
of the control measures that had been enacted for entrained road dust,
which is one of the larger source categories in the Valley, CVAG has
worked to secure funding for a Clean Streets Management Program through
the allocation of Congestion Mitigation and Air Quality (CMAQ) funds
which now falls under the Transportation Efficiency Act for the 21st
Century (TEA-21). Under the Clean Streets Management Program, local
jurisdictions submit proposals to CVAG requesting funding for
implementation of clean streets management practices, i.e.,
stabilization of unpaved shoulders, installation of wind breaks, etc.
CVAG has provided technical assistance to the local jurisdictions to
identify cost effective eligible projects for CMAQ funding.
(b) Most Stringent Measures (MSM)
One of the requirements for an extension of attainment date, which
the Valley has requested (see section II G) is that ``the State
demonstrates to the satisfaction of the Administrator that the plan for
that area includes the most stringent measures that are included in the
implementation plan of any State or are achieved in practice in any
State, and can feasibly be implemented in the area.'' (CAA section
188(e)).
Chapter 4 of the 2002 Plan contains a description of the SCAQMD's
MSM analysis. That analysis compares the provisions in the Valley's
local dust control ordinances and applicable SCAQMD Rules 403 and 403.1
to regulations from Maricopa County (Arizona), Clark County (Nevada)
the San Joaquin Valley (California) and the South Coast Air Basin
(California). These areas were selected because of similar geographic
conditions (arid climates) as the Valley and because of recent
planning/rule development efforts in these regions. MSM analyses were
provided for each fugitive dust category, including construction
activities, disturbed vacant lands, unpaved roads/parking lots, paved
road dust and agricultural activities. (See sections 4.1, 4.2, 4.3, 4.4
and 4.5 of the 2002 Plan.)
The upgraded control measures that resulted from the Valley MSM
analysis are categorized as Construction (CV BCM 1), Disturbed Lands
(CV BCM 2), Unpaved Roads and Unpaved Parking Lots (CV BACM 3), Paved
Roads (CV BACM 4), and Agriculture (CV BCM 5). The implementing
agencies are either the local jurisdictions or the SCAQMD or, in the
instances of Construction and Paved Roads, both parties.
Chapter 5 of the 2002 Plan provides the control strategy that has
been developed by the SCAQMD based on their MSM analysis. Table 2 below
summarizes Tables 5-1 and 5-2 contained in the 2002 Plan which provide
information on the adoption and implementation schedules for the MSMs,
the implementing agencies and the estimated tonnage per day reduction
for each of these control measures.
Table 2.--MSM Adoption and Implementation Schedules, and Projected Emission Reductions for the Valley
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Implementation Estimated emission
Control measure Source category Implementing agency Adoption schedule schedule reductions 2006
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CV BACM 1.......................... Construction.......... Local Jurisdictions... Prior to 10/1/03..... Begin no later than 2.0 tons/day.
10/1/03.
AQMD.................. Prior to 1/1/04...... Begin no later than 1/ .....................
04.
CV BACM 2.......................... Disturbed Lands....... Local Jurisdictions... 10/03................ Begin no later than TBD After Survey.
10/03.
CV BACM 3.......................... Unpaved Roads and lots Local Jurisdictions... 10/03................ Begin no later than 0.71 tons/day.
10/1/03, phased
implementation.
CV BACM 4.......................... Paved Roads........... Local Jurisdictions... 10/03................ Begin no later than 0.57 tons/day.
10/1/03.
AQMD.................. 01/04................ Begin no later than 1/ .....................
04.
CV BCM 5........................... Agriculture........... AQMD.................. 01/04................ Begin no later than 1/ 0.02 tons/day.
04.
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Total Projected Emission Reductions ...................... ...................... ..................... ..................... 3.3 tons/day.
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3. Implementation of Control Measures
The SCAQMD commits to meet the adoption dates, implementation
dates, and emission reduction targets, unless a measure, in whole or in
part, is determined to be infeasible. Should that be the case, the
SCAQMD commits to achieve equivalent reductions on the same schedule
through substitute controls. If the SCAQMD determines that a control
measure is infeasible, SCAQMD staff would document the infeasibility of
the control measure provision and propose a replacement provision or
contingency measure (if necessary) to achieve equivalent emissions
reductions. Significant changes to a control measure would need to be
documented in a SIP revision and would be subject to EPA review and
approval. The plan cites the feasibility criteria as: (1) Cost
feasibility, namely that a control measure is considered cost feasible
if the cost-effectiveness is less than $5,300 per ton of PM-10 reduced
on an annual basis, and (2)
[[Page 77209]]
technological feasibility, namely that a control measure is considered
technically feasible if the following conditions are satisfied: the
control technology is currently available and the control efficiency is
at least 10%.
4. Proposed Action on Control Measures
We conclude that the 2002 Plan demonstrates that the control
measures for each significant source category are consistent with the
BACM requirement in terms of the timing, degree, and extent of the
control program and reflect current MSM.
We therefore propose to approve the control measures under CAA
section 110(k)(3), as meeting the requirements of CAA sections 110(a),
188(e) and 189(b)(1)(B). We are proposing to approve each of the
control measure commitments to adopt and implement rules and ordinances
by specified dates and to achieve particular emission reductions by
milestone years. We are also proposing to approve the commitment made
by the SCAQMD Board directing the Executive Officer to update the 2002
Plan, including emissions budgets in 2003, using the latest approved
motor vehicle emissions model and planning assumptions.
D. Contingency Measure
The CAA (section 172(c)(9)) requires that the SIP include
contingency measures to be implemented if the area fails to meet
progress requirements or to attain the NAAQS by the applicable
deadline. Implementation of these contingency measures is automatic,
and requires no further action by the SCAQMD or any other agency.
The contingency measure identified in the 2002 Plan, CVCTY 3, is
the requirement to reduce emissions from turf overseeding activities on
Golf Courses/Turf Areas. Turf overseeding generates fugitive dust
through the raking process and thatch removal when summer grass is
replaced with winter rye grasses. According to the SCAQMD, following a
series of studies, new methods were developed to remove the summer
grass resulting in fugitive dust emission reduction. The SCAQMD staff
believes the control measure is currently being adopted voluntarily by
local golf courses, but in the event of failure of Reasonable Further
Progress (RFP) or nonattainment by the year 2006 or if voluntary
compliance drops, SCAQMD would propose to implement the measure with a
SCAQMD rule or rule amendment.
EPA concludes that the 2002 Plan satisfies the contingency
requirements, and proposes to approve the 2002 Plan's contingency
provisions under section 172(c)(9).
E. Reasonable Further Progress and Milestones
The 2002 Plan must also include quantitative milestones which are
to be achieved every 3 years until the area is redesignated to
attainment, and show Reasonable Further Progress (RFP) toward
attainment by the applicable attainment deadline. CAA section 189(c).
Table 3-4 in the 2002 Plan, ``2002 PM-10 Emission Inventory by
Major Source Category'' shows that the total tpd emissions from all
sources for 2000 year was 54.44. Table E-1 contained in Appendix E of
the Plan provides a baseline inventory for 2003 which was selected by
the SCAQMD as the milestone year and shows that emissions reductions
resulting from the adoption and implementation of CV BCM-1
``Construction and Earth Movement Activities,'' would amount to a total
of 0.96 tpd, reducing the total amount of emissions from all sources in
2003 to 54.08 tpd, which represents remaining emissions by the end of
2003. assuming a 50% combined ordinance/rule penetration. The reduction
in total tpd emissions from 2002 to 2003 demonstrates reasonable
progress toward the attainment level projected for 2006.
The SCAQMD made a commitment in resolutions accompanying the 2002
Plan to update the plan, including emissions budgets in 2003, using the
latest approved version of EMFAC and the latest approved planning
assumptions.\6\ In addition, CARB's Executive Order G-125-391,
accompanying the submittal of the 2002 Plan, stated that CARB, ``upon
the timely submission by the District of an approvable revision to the
2002 Coachella Valley PM-10 State Implementation Plan and 2002
Coachella Valley PM-10 State Implementation Plan Addendum, shall
process such revision and submit it to the U.S. EPA in 2003.''
---------------------------------------------------------------------------
\6\ Resolution No. 02-21 adopted by the SCAQMD Board June 21,
2002:
BE IT FURTHER RESOLVED, that the South Coast Air Quality
Management District Governing Board directs the Executive Officer to
update the 2002 CVSIP, including emissions budgets in 2003, using
the latest approved motor vehicle emissions model and planning
assumptions; and
BE IT FURTHER RESOLVED, that the South Coast Air Quality
Management District Governing Board requests that the U.S. EPA
approve the District's commitment to forward to the CARB for review
and submittal to the U.S. EPA as a revision to the State Implement
Plan by 2003 the update to the PM-10 emissions inventory portion of
the 2002 CVSIP, including revised emission budgets using the latest
approved motor vehicle emissions model and planning assumptions; and
BE IT FURTHER RESOLVED, that the South Coast Air Quality
Management District requests that the U.S. EPA approve the emissions
budgets based on the 2002 CVSIP for use only until the U.S. EPA
finds adequate the revised budgets for the same years submitted as
part of the 2003 revision to the 2002 CVSIP.
---------------------------------------------------------------------------
We find that the assumptions regarding the control measures are
reasonable. Therefore we propose to find that the 2002 Plan meets the
provisions of CAA section 189(c) requiring quantitative milestones
showing RFP toward attainment by the attainment date of 2006.
F. Attainment Demonstration
The SIP must provide a detailed demonstration (including air
quality modeling) that the specified control strategy will reduce PM-10
emissions so that the standards will be attained as soon as practicable
but no later than December 31, 2006, assuming final EPA approval of the
attainment deadline extension. CAA section 189(b)(1)(A). EPA considers
the area to be in attainment of the NAAQS if 24-hour concentrations are
150 [mu]g/m3 or less and the annual arithmetic mean is 50 [mu]g/m3 or
less.
The attainment demonstration in the 2002 Plan analyzes both the 24-
hour and annual NAAQS, but since the Valley has not violated the 24-
hour standard during the period from 1993--2001, our review is limited
to the annual standard.
A modeled attainment demonstration for the PM-10 annual standard
should first estimate the temporal and spatial distribution of PM-10
and PM-10 precursor emissions reductions that result from the adopted
control measures by the attainment date. It should then simulate the
ambient air concentration of the remaining emissions in an air quality
model and show that all locations within the nonattainment area have
annual average PM-10 concentrations at or below the level of the annual
PM-10 standard of 50 [mu]g/m3. See ``Guidelines on Air Quality
Models,'' 40 CFR part 52, appendix W, Sec. 7.2.2 and ``PM-10 SIP
Development Guideline'', EPA-450/286-001, June 1987.
The attainment demonstration in the 2002 Plan relies on control
measures that either are approved or have been proposed for approval
and meet our SIP enforceability criteria. The emissions estimates
credited to these control measures in the attainment demonstration are
reasonable and the measures are being implemented on a schedule that is
as expeditious as practicable and will result in attainment by the
earliest practicable date.
[[Page 77210]]
A complete description of the modeling for the Valley is found in
the 1996 Plan (Chapter 4). In summary, modeling was based on the
following:
The SCAQMD determined primary PM-10 source apportionment by a
combination of receptor models. Source apportionment information, which
was used in the 1994 and the 1996 Plan was determined through receptor
modeling known as the Chemical Mass Balance (CMB) model which is a
USEPA approved method that matches the measured chemical components of
the PM-10 samples with known chemical profiles of individual sources of
PM-10 particles.
Since secondary particles in the Valley represent a small component
of the PM-10 problem and are transported from the South Coast Air Basin
and since the limited number of major sources in the Valley are already
regulated for NOX, SOX and VOC emissions under
existing SCAQMD rules, the SCAQMD did not model secondary PM-10
generated within the Valley. However, the impact of transported
secondary particulates into the Coachella Valley from the South Coast
Air Basin was projected using UAM/LC (Urban Airshed Model/Linear
Chemistry).
The modeling attainment demonstration for future years in the 2002
Plan utilized a linear rollback approach for each primary source
category.
Based on this modeling, the 2002 Plan (Tables 6-2 and 6-3) compares
the annual and 24 hour PM design values for the years 2003 and 2006.
The table provides information on 2006 concentrations both for the
baseline and control scenarios as shown in Table 3 below. This modeling
demonstrates attainment of the annual average PM 10 standard by the
year 2006 and continued attainment of the 24-hour standard in 2006.
Table 3.--2003 and 2006 Modeled PM-10 Concentrations ([mu]g/m3) in the Valley
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006 annual 2006 24-hour
Source 2003 baseline 2003 baseline 2006 baseline 2006 baseline with more with more
annual 24-hour annual 24-hour controls controls
--------------------------------------------------------------------------------------------------------------------------------------------------------
Background.............................................. 3.0 3.0 3.0 3.0 3.0 3.0
Transport............................................... 5.9 14.1 5.9 14.1 5.8 14.1
Mobile.................................................. 1.1 3.3 1.1 3.2 1.1 3.2
Fugitive Dust:
Construction........................................ 4.5 16.6 4.7 17.1 4.2 15.4
Paved Roads......................................... 4.5 16.2 4.6 16.9 3.7 13.3
Unpaved Roads....................................... 3.2 11.6 3.2 11.6 2.8 10.0
Agriculture......................................... 0.6 2.1 0.5 2.0 0.5 1.9
Windblown........................................... 18.3 66.7 18.3 66.7 18.3 66.7
Veg. Burning........................................ 5.5 9.7 5.2 9.2 5.2 9.2
Others.............................................. 3.8 3.1 4.0 3.3 4.0 3.3
-----------------
Totals.......................................... 50.4 133.0 50.6 147.0 48.6 140.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
In contrast to other pollutants, we have not issued detailed
modeling guidelines for PM-10, nor have we established minimum
performance requirements for PM-10 modeling. We have reviewed the
SCAQMD's modeling approaches for both primary PM-10 and secondary PM-
10, using both receptor modeling and dispersion modeling. We believe
that the modeling in the 1996 and 2002 Plans provides a reasonable
basis for linking emissions with air quality, for identifying an
appropriate control strategy, and for determining whether the strategy
delivers attainment for the 24-hour and annual PM-10 NAAQS.
The SCAQMD's modeling shows that the level of emissions after
implementation of the proposed set of control strategies would result
in ambient concentrations within the Valley in 2006 consistent with
attainment of annual and 24-hour PM-10 NAAQS. We therefore conclude
that the air quality modeling and attainment demonstration contained in
Chapter 6 of the 2002 Plan are consistent with existing EPA guidance,
and we propose to approve the attainment demonstration under CAA
section 189(b)(1)(A).
G. Extension of Attainment Deadline
CAA section 188(e) allows states to apply for up to a 5-year
extension of the serious area attainment deadline of December 31, 2001.
In order to obtain the extension, there must be a showing that: (1)
Attainment by 2001 would be impracticable; (2) the state complied with
all requirements and commitments pertaining to the area in the
implementation plan for the area; and (3) the state demonstrates that
the plan for the area includes the most stringent measures (MSM) that
are included in the SIP of any state or are achieved in practice in any
state, and can feasiblely be implemented in the area.
As discussed in section II C above, we propose to conclude that the
2002 Plan includes BACM and MSM for each significant source category,
and that the implementation schedule for each control measure is as
expeditious as practicable. Using UAM/LC and chemical mass balance
modeling techniques discussed above in section II F, the SCAQMD
calculated the annual arithmetic mean for PM-10 based on 1999-2001 data
for the two sampling sites in the area at Palm Springs and Indio. That
data showed that the Palm Springs site had an expected annual
arithmetic mean of 26.7 [mu]g/m3 while the Indio site with
an expected annual arithmetic mean of 51.6 [mu]g/m3 exceeded
the annual standard. Table E-2 of Appendix E of the 2002 Plan shows
that by the end of 2003 the average tons per day would be 54.08. Table
3-7 of the 2002 Plan shows that in 2006 with all the SIP controls in
place the tons per day emitted would be 51.11. The 2003 data are above
the carrying capacity and, based on this, we therefore conclude that
2006, the requested extension date, is the most expeditious date that
the Valley can attain the standard.
We find that the SCAQMD has met the CAA provisions relating to
attainment date extensions, and we propose to grant, under CAA section
188(e), a 5-year attainment date extension to December 31, 2006.
H. Review of Natural Events Action Plan
Section 188(f) of the CAA provides that the Administrator may, on a
case-by-case basis, waive any requirement
[[Page 77211]]
applicable to any serious area under subpart 4 where the Administrator
determines that anthropogenic sources of PM-10 do not contribute
significantly to the violation of the PM-10 standard in the area. In
May of 1996 EPA issued a Natural Events Policy (Policy) that was
intended to provide guidance to air districts regarding the exclusion
of ambient air quality data affected by extraordinary natural events
such as volcanic and seismic activity, wildland fires and high winds.
In order to qualify for the exclusion of ambient air quality data,
the Policy requires the adoption of a Natural Events Action Plan (NEAP)
to minimize emissions and to protect public health. The Policy requires
that the NEAP (1) establish public notification and education programs,
(2) minimize public exposures to high concentrations of PM-10 due to
future natural events, (3) abate or minimize appropriate contributing
controllable sources of PM-10, (4) identify, study and implement
practical mitigating measures as necessary, (5) periodically reevaluate
the conditions causing violations of the PM-10 NAAQS in the area and
the state of implementation of the NEAP and the adequacy of the actions
being implemented, (6) document natural events, and (7) develop the
NEAP in conjunction with the stakeholders affected by the plan.
In accordance with the requirements of the Policy, the SCAQMD
included a NEAP in the 1996 Plan and submitted a revised version in the
2002 Plan. Although EPA does not require that a NEAP be submitted as
part of a SIP the Policy states that final plans should be submitted to
EPA for review and comment.
The revised NEAP describes the status of the commitments made in
the 1996 NEAP, all of which were fully implemented with the exception
of the element ``Evaluation and implementation of practical mitigation
measures,'' which was partially implemented by an initial blowsand
study. Phase 2 of that study has not been initiated to date owing to
funding constraints.
We find that the NEAP in the 2002 Plan meets the requirements of
the Agency's Natural Events Policy. Further, we would like to commend
the staff of the SCAQMD and the CVAG on the scope of the plan and the
wide cooperation and expertise that has been involved in its
implementation.
I. Motor Vehicle Emissions Budgets
Rate of progress and attainment demonstration submittals must
specify the maximum amount of transportation-related motor vehicle
emissions allowed in each milestone year and the attainment year and
demonstrate these emissions levels, when considered with emissions from
all other sources, are consistent with RFP and attainment. In order for
us to find these emissions levels or ``budgets'' adequate and
approvable, the submittal must meet the conformity adequacy provisions
of 40 CFR 93.118(e)(4) and be approvable under all pertinent SIP
requirements.
The budgets defined by this and other plans, when they are approved
into the SIP or, in some cases, when they are found to be adequate, are
then used to determine the conformity of transportation plans,
programs, and projects to the SIP, as described by CAA section
176(c)(3)(A). For more detail on this part of the conformity
requirements, see 40 CFR 93.118. For transportation conformity
purposes, the cap on emissions of transportation-related PM-10
precursors is known as the motor vehicle emissions budget. The budget
must reflect all of the motor vehicle control measures contained in the
attainment demonstration (40 CFR 93.118()(4)(v)), and must include PM-
10 and PM-10 precursor emissions from the following sources: motor
vehicles, reentrained dust from traffic on paved and unpaved roads, and
emissions during construction of highway and rail projects.
A motor vehicle budget for the Valley for the attainment year 2006
is presented in Table 3-8 of the 2002 Plan and the budget for milestone
year 2003 is presented in appendix E, Table E-3. Both budgets appear
below in Table 4.
Table 4.--2003 and 2006 Motor Vehicle Emission Budgets for
Transportation Conformity for the Valley
[PM-10 tons/day]
------------------------------------------------------------------------
2003 \1\ 2006
------------------------------------------------------------------------
Motor Vehicles.................................... 1.04 0.98
Reentrained paved road dust....................... 7.04 6.27
Reentrained unpaved road dust..................... 5.44 4.72
Road Construction................................. 0.06 0.06
------------
Total......................................... 13.58 12.03
------------------------------------------------------------------------
\1\ Presents remaining emissions at the end of the year 2003 with
implementation of CV BCM-1 and 50% combined ordinance/rule penetration
by that time.
As discussed above in section II.B, Emissions Inventory, the motor
vehicle emissions portion of this budget (the evaporative and tailpipe
emissions) was developed using the EMFAC 7G motor vehicle emissions
factors.
We propose to approve the motor vehicle emission budget contained
in the 2002 Plan as consistent with the adequacy criteria of 40 CFR
93.118(e)(4), including consistency with the baseline emission
inventory, and the reductions needed for continued attainment of the
standard after the attainment deadline.
As discussed in section II.B, CARB is finalizing a revised version
of EMFAC, and both CARB and SCAQMD have committed to adopt and submit a
comprehensive revision to the PM-10 plan in 2003, using the new EMFAC,
incorporating the latest planning assumptions on vehicle fleet and age
distribution, and incorporating the latest activity levels. This
revised plan will include revised budgets, based on the new inventory
and attainment demonstration. Assuming that these new budgets are
adequate and approvable, the new budgets will soon replace the budgets
in the current submittal.
Since these revised budgets will be based on the most current and
accurate motor vehicle emissions data, we intend to allow expedited use
of the updated budgets in transportation conformity determinations.
Therefore, we propose to limit our proposed approval of the budgets in
the current submittal to last only until we find adequate the new
budgets that are expected to be adopted in 2003 as part of the revised
PM-10 plan for the Valley. On the effective date of our adequacy
finding for the new budgets, our approval of the budgets in the current
submittal would terminate and thus the new budget would apply for
purposes of transportation conformity. 67 FR 69139 (November 15, 2002).
III. Summary of EPA's Proposed Action
We are proposing to approve the serious area PM-10 SIP submitted by
the State of California for the Valley. Specifically, we are proposing
to approve the 1996 Plan and the 2002 Plan with respect to the CAA
requirements for emissions inventories under section 172(c)(3); control
measures under section 110(k)(3), as meeting the requirements of
sections 110(a) and 188(b)(1)(B); RFP under section 189(c); contingency
measures under section 172(c)(9); demonstration of attainment under
section 189(b)(1)(A); and motor vehicle emissions budgets under section
176(c)(2)(A). We are also proposing to approve the State's request for
an extension of the attainment date from December 31, 2001 to December
21, 2006 under CAA section 188(e). We show the proposed approvals in
Table 5 ``Proposed Approvals of South Coast
[[Page 77212]]
PM-10 Submittals for the Coachella area.''
Proposed Approvals of South Coast PM-10 Submitttals for the Valley
----------------------------------------------------------------------------------------------------------------
CAA section Provision SIP submittal Plan citation
----------------------------------------------------------------------------------------------------------------
172(c)(3)............................ Emission Inventories... 2002 Plan.............. 2002 Plan, Ch 3.
110(a), 188(e), and 189(b)(1)(B)..... Control Measures....... 1994 Plan, 1996 Plan, 1996 Plan, Ch. 4, 2002
2002 Plan. Plan, Ch. 4, Ch. 5.
189(c)............................... Reasonable Further 2002 Plan.............. Appendix E-3, Table E-
Progress. 2.
172(c)(9)............................ Contingency Measures... 2002 Plan.............. 2002 Plan, Ch. 4, Ch.
5.
189(b)(1)(A)......................... Attainment 2002 Plan.............. 2002 Plan, Ch. 6.
Demonstration.
176(c)(2)(A)......................... Motor Vehicle Emissions 2002 Plan.............. 2002 Plan, Ch. 3
Budget. Appendix E 2002 Table
E-3.
188(e)............................... Attainment Date 2002 Plan.............. 2002 Plan, Ch. 8.
Extension.
----------------------------------------------------------------------------------------------------------------
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this proposed action is also not subject to
Executive Order 13211,``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed action merely approves state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to
approve pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely proposes to approve a
state rule implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 6, 2002.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 02-31679 Filed 12-16-02; 8:45 am]
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