Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Santa Barbara County Nonattainment Area, Transportation Control Measure Replacement

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 122-1-6982a; FRL-5198-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Santa Barbara County Nonattainment

Area, Transportation Control Measure Replacement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct

final action to approve a revision to the California State

Implementation Plan (SIP) for ozone for Santa Barbara County, which was

submitted to EPA on November 14, 1994. This direct final approval

action deletes a transportation control measure (TCM) from the

federally-approved 1982 California ozone SIP and replaces it with a TCM

from the state-adopted 1994 California ozone SIP. The intended effect

of direct final approval of this SIP revision is to control emissions

of ozone precursors in accordance with the requirements of the Clean

Air Act, as amended in 1990 (CAA or 1990 Act).

DATES: This direct final action is effective on June 30, 1995 unless

adverse or critical comments are received by May 31, 1995. If the

effective date is delayed, a timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State submittal and EPA's technical support

document are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted SIP revision are

available for inspection at the following locations:

Mobile Sources Section (A-2-1), Air and Toxics Division, U.S.

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San

Francisco, CA 94105

Environmental Protection Agency, Air Docket (6102), ANR 443, 401 ``M''

Street SW., Washington, DC 20460

California Air Resources Board, 2020 ``L'' Street, Sacramento, CA 92123

Santa Barbara County Air Pollution Control District, 26 Castillian

Drive B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Deborah Schechter, Mobile Sources

Section, Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:

(415) 744-1227.

SUPPLEMENTARY INFORMATION:

I. Background

On March 3, 1978, Santa Barbara County was designated an ozone

nonattainment area by EPA under the provisions of the Clean Air Act, as

amended in 1977. 43 FR 8964, 40 CFR 81.305. On December 31, 1982 the

State of California submitted the 1982 ozone SIP for Santa Barbara

County.

EPA approved California's 1982 ozone SIP for Santa Barbara County

and published the Federal Register document on December 20, 1983 (48 FR

56215). The 1982 Santa Barbara County SIP, or Air Quality Attainment

Plan (AQAP), submitted in 1982 included nine TCMs. One of these was the

Goleta Transit Center, a transit center with limited park-and-ride

capability in downtown Goleta. No emission reduction credit was claimed

for this TCM in the 1982 AQAP. According to the Santa Barbara County

Association of Governments (SBCAG), the Goleta Transit Center and its

ancillary park-and-ride lot were constructed in 1980 and operated until

1985. The facilities were closed and sold by the Santa Barbara

Metropolitan Transit District (SBMTD) in October 1985 due to

insufficient usage.

On November 15, 1990, the Clean Air Act Amendments of 1990 (1990

Act) were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42

U.S.C. 7401-7671q. On November 14, 1994, the California Air Resources

Board (CARB) submitted the 1994 ozone SIP to EPA. The portion of this

SIP for the Santa Barbara County nonattainment area, the 1994 Clean Air

Plan (CAP), stated that the TCMs in the 1994 CAP superseded those in

the 1982 AQAP. The 1994 CAP was adopted by the Santa Barbara County Air

Pollution Control District (SBAPCD) on November 2, 1994 and later by

CARB on November 14, 1994.

On January 18, 1995, the SBAPCD provided a letter to EPA requesting

expedited rulemaking action to replace the Goleta Transit Center TCM in

the 1982 AQAP with TCM-5, Improve Commuter Public Transit Service, in

the 1994 CAP.

In a letter to the State dated March 24, 1995, EPA found the

submittal of TCM-5 complete.

II. Summary and Evaluation of SIP Revision

Section 176(c) of the Clean Air Act (CAA) prohibits any

metropolitan planning organization (MPO) designated under section 134

of title 23 of the United States Code, from approving any

transportation project, program, or plan which does not conform to a

SIP approved under section 110 of the CAA. The federal transportation

conformity regulation (40 CFR part 51, subpart T) implements the

transportation-related requirements of section 176(c). Section 51.418

of the regulation requires the transportation plan and program to

provide for the timely implementation of transportation control

measures (TCMs) from the applicable federally-approved implementation

plan. A TCM is defined in section 51.392 as any measure that is

specifically identified and committed to in the applicable

implementation plan that is either one of the types listed in section

108 of the CAA, or any other measure for the purpose of reducing

emissions or concentration of air pollutants from transportation

sources by reducing vehicle use or changing traffic flow or congestion

conditions. [[Page 21046]]

Under the federal transportation conformity rule, before an MPO or

the Department of Transportation (DOT) can approve a transportation

plan or program, a conformity determination must be made which shows

timely implementation of all of the TCMs in the approved SIP and

demonstrates that all obstacles to TCM implementation have been

removed. In the case of Santa Barbara County, the nine TCMs identified

in the 1982 SIP must meet the timely implementation criterion in order

for the transportation plan and program to be approved and projects to

be funded. Because the Goleta Transit Center was implemented but was

later discontinued, this TCM cannot be found to meet the criterion of

timely implementation.

The preamble to the conformity regulation at 58 FR 62198 states

that if the original project sponsor or the cooperative planning

process decides not to implement the TCM or decides to replace it with

another TCM, a SIP revision which removes the TCM will be necessary

before plans and programs may be found in conformity. (In order to be

approved by EPA, such a SIP revision must include substitute measures

that achieve emissions reductions sufficient to meet all applicable

requirements of the CAA, including section 110(l).)

In order to meet the requirement of the conformity regulation for

timely implementation of TCMs and to enable FHWA to approve SBCAG's

transportation plan and program, Santa Barbara County and the State of

California have opted to revise the SIP to delete the Goleta Transit

Center TCM from the SIP and replace the measure with an alternative TCM

for which timely implementation can be demonstrated. On November 14,

1994, California submitted a SIP revision for Santa Barbara County

which replaces the Goleta Transit Center TCM with TCM-5, Improve

Commuter Public Transit Service.

The state-adopted 1994 SIP commits to implement the following

levels of transit service associated with TCM-5:

1. SBMTD Isla Vista/Santa Barbara City College (SBCC) Express

Service: SBMTD will continue to operate an express bus line between

Isla Vista and SBCC (about 25 miles). The service was initiated in

September 1993.

2. SBMTD Downtown Waterfront Shuttle Service and Expansion: SBMTD

will continue to provide electric shuttle service along State Street

and on the Waterfront in the City of Santa Barbara. In addition, SBMTD

will purchase two additional electric-powered buses to expand this

service.

3. APCD Clean Air Express and Expansion: The SBAPCD will continue

to operate compressed natural gas (CNG) commuter bus service from the

northern county and Ventura County into Santa Barbara. Four new buses,

for a total of nine, will be added to this service.

4. Santa Maria Area Transit (SMAT) New Service Lines and Expansion:

SMAT will maintain new Route 6 which was added in 1993. Another route,

Route 7, will be added to this service. In addition, SMAT will purchase

one new CNG bus to serve Route 7.

5. Santa Ynez Transit Expansion: A new electric bus will be

purchased for expansion of fixed route service in the Santa Ynez

Valley.

6. Santa Barbara Rail Service Expansion (AMTRAK): Two additional

trains per day are planned between Santa Barbara and San Diego.

Improvements to the existing Santa Barbara rail station have also been

programmed to support the service expansion.

The SIP anticipates a reduction of 3,301 daily vehicle trips, or a

total of 45,410 daily VMT in 1996 from the implementation of TCM-5. The

reduction in vehicle trips and VMT is estimated to lead to emission

reductions of 36.2 kg ROG/day and 73.1 kg NOX/day in 1996. The

1982 ozone SIP took no emission reduction credit for the Goleta Transit

Center. SBMTD survey data indicated that an average of seven persons

per day were using the transit center and the park-and-ride lot was

providing free parking for patrons of nearby businesses. Because TCM-5

is expected to result in significantly greater reductions in vehicle

trips, VMT, and emissions than the Goleta Transit Center, the SIP

revision does not weaken the federally-approved 1982 SIP.

III. EPA's Action

This action approves TCM-5, contained in the California ozone SIP

for Santa Barbara County submitted to EPA by the State of California on

November 14, 1994. The action also deletes the Goleta Transit Center

from the 1982 ozone SIP. This latter TCM is no longer subject to the

timely implementation criterion of the conformity regulation. EPA has

evaluated the submitted TCM and has determined that it is consistent

with the CAA, EPA regulations, and EPA policy. Therefore, TCM-5 in

Santa Barbara's SIP revision is being approved under section 110(k)(3)

of the CAA as meeting the requirements of sections 110(a) and (l) and

part D. Today's action does not affect the remainder of the submitted

1994 ozone SIP revision for Santa Barbara County. EPA will take

separate action on the bulk of Santa Barbara's 1994 ozone SIP revision

in future rulemaking.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future implementation

plan. Each request for revision to the state implementation plan shall

be considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

EPA is publishing this notice without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective June 30, 1995, unless, by May 31, 1995, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based a separate proposed rule.

The EPA will not institute a second comment period on this action. Any

parties interested in commenting on this action should do so at this

time. If no such comments are received, the public is advised that this

action will be effective June 30, 1995.

IV. Regulatory Process

This action has been classified as a Table 2 Action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October memorandum

from Michael H. Shapiro, Acting Assistant Administrator for Air and

Radiation.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises and

government entities with jurisdiction over population of less than

50,000.

SIP approvals under sections 110 and 301(a) and subchapter I, Part

D of the CAA do not create any new requirements, but simply approve

[[Page 21047]] requirements that the State is already imposing.

Therefore, because the Federal SIP-approval does not impose any new

requirements, I certify that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-state relationship under the CAA, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of state action. The CAA forbids EPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410 (a)(2). The OMB has

exempted this action from review under Executive Order 12866.

V. Unfunded Mandates

Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,

EPA must undertake various actions in association with proposed or

final rules that include a Federal mandate that may result in estimated

costs of $100 million or more to the private sector, or to State,

local, or tribal governments in the aggregate.

Through submission of this state implementation plan revision, the

State and any affected local or tribal governments have elected to

adopt the program provided for under sections 110 and 182(b) of the

Clean Air Act. These rules may bind State, local, and tribal

governments to perform certain actions and also require the private

sector to perform certain duties. To the extent that the rules being

approved by this action will impose any mandate upon the State, local,

or tribal governments either as the owner or operator of a source or as

a regulator, or would impose any mandate upon the private sector, EPA's

action will impose no new requirements; such sources are already

subject to these requirements under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this direct final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the Director of the

Federal Register on July 1, 1982.

Dated: April 19, 1995.

Jeff Zelikson,

Acting Regional Administrator.

Subpart F of part 52, chapter I, title 40 of the Code of Federal

Regulations is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(211) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(211) Revised Clean Air Plans for ozone for the following APCDs

submitted on November 14, 1994, by the Governor's designee.

(i) Incorporation by reference.

(A) Santa Barbara Air Pollution Control District

(1) TCM-5, Improve Commuter Public Transit Service, adopted on

November 2, 1994

* * * * *

[FR Doc. 95-10613 Filed 4-28-95; 8:45 am]

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