Approval and Promulgation of State Implementation Plans; CaliforniaOzone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA141-1-6899; FRL-5270-7]

Approval and Promulgation of State Implementation Plans;

California--Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA proposes approval of certain provisions in the state

implementation plan (SIP) revision submitted by the State of

California. The California Air Resources Board (CARB) adopted these

provisions on November 15, 1994, as part of ``The 1994 California State

Implementation Plan for Ozone.'' The portions of the SIP proposed for

approval today are commitments by the CARB to adopt regulations for

various mobile source and consumer product categories by particular

dates to achieve specific emission reductions of volatile organic

compounds (VOC) and oxides of nitrogen (NOX) in order to attain

the national ambient air quality standards (NAAQS) for ozone.

The effect of EPA's proposed approval of these commitments is to

incorporate the commitments into the federally approved SIP. EPA

proposes to approve the commitments under provisions of the Clean Air

Act (CAA or ``the Act'') regarding EPA actions on SIP submittals and

general rulemaking authority because these revisions strengthen the

SIP.

DATES: Comments must be received on or before September 20, 1995.

ADDRESSES: Materials relevant to this rulemaking are available for

review at: Regional Administrator, Attention: Office of Federal

Planning (A-1-2), Air and Toxics Division, Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Interested persons may make an appointment with Ms. Virginia

Petersen at (415) 744-1265, to inspect the docket at EPA's San

Francisco office on weekdays between 9 a.m. and 4 p.m.

Copies of the SIP submittal is also available for inspection at the

addresses listed below:

California Air Resources Board, 2020 L Street, Sacramento, California.

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, California.

FOR FURTHER INFORMATION CONTACT: Julia Barrow (415) 744-2434, at the

Office of Federal Planning (A-1-2), Air and

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Toxics Division, U.S. EPA, Region IX, 75 Hawthorne Street, San

Francisco, California, 94105-3901.

SUPPLEMENTARY INFORMATION: In 1990 Amendments to Title I of the CAA,

Congress revamped the requirements for areas that have not attained the

national ambient air quality standards (NAAQS) for ozone, carbon

monoxide (CO), particulate matter, sulfur dioxide, nitrogen dioxide,

and lead. In addition, Congress made numerous changes in the

requirements for SIPs in general, including the provisions governing

EPA's processing of SIP revisions, as well as the repercussions of

State failures to meet the various SIP requirements. Among the

important new title I requirements was the November 15, 1994 submittal

of ozone attainment plans for areas classified as ``Serious,''

``Severe,'' or ``Extreme.''

On November 15, 1994, the CARB submitted attainment plans for the

various ozone nonattainment areas in the State, consisting of: (1)

locally adopted control measures and other plan components; (2) fully

adopted CARB regulations for consumer products, reformulated gasoline,

and clean diesel fuel; and (3) commitments by State agencies to adopt

rules and regulations in the future. The State commitments were

subsequently updated, corrected, and resubmitted on December 29, 1994.

EPA is today proposing action upon ``Volume II: The Air Resources

Board's Mobile Source and Consumer Products Elements,'' as resubmitted.

The elements proposed for approval into the SIP today were found to be

complete on January 30, 1995 and April 18, 1995, pursuant to EPA's

completeness criteria that are set forth in 40 CFR Part 51 Appendix

V.\1\

\1\ EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

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The State commitments fall into two categories. In the first

category are well-defined commitments to be met in the next few years,

to adopt statewide measures achieving additional emission reductions

from mobile sources and consumer products. In the second category are

longer-term measures, allowed under section 182(e)(5) of the CAA for

the South Coast portion of the State. In this document, EPA is

proposing action on the State's commitments in the first category to

adopt specific near-term controls.

The strong commitments of CARB and local agencies, reflected in the

November 15, 1994 submittal, evidence a determination to continue the

State's leadership role in achieving air pollution progress. Therefore,

even in advance of CARB adoption of regulations, EPA is taking what

rulemaking action is authorized to support the State's control measure

commitments and make them an enforceable part of the SIP. The CARB

commitments proposed for approval today are as follows:

Measure M3, Accelerated Ultra-Low Emission Vehicle (ULEV)

requirement for Medium-Duty Vehicles (MDVs), adoption 1997,

implementation 1998-2002, South Coast reductions in 2010--32 tons per

day (tpd) NOX, 4 tpd reactive organic gases (ROG). These

reductions will be achieved by an increase in MDV ULEVs, as currently

defined by CARB, from 10 percent of sales of new MDVs in 1998 model

year to 100 percent in 2002 and later model years.

Measure M5, Heavy-Duty Vehicles (HDVs)--NOX regulations,

adoption 1997, implementation 2002, South Coast reductions in 2010--56

tpd NOX, 4 tpd ROG. These reductions will be achieved by CARB

adoption of a 2.0 gram per brake horsepower-hour NOX exhaust

emission standard for new heavy-duty truck engines sold in California

beginning in 2002, or by implementation of alternative measures which

achieve equivalent or greater reductions. Alternatives under

consideration include expanded introduction of alternative-fueled and

low-emission diesel engines through demand-side programs and

incentives, retrofit of aerodynamic devices, reduced idling, and speed

reduction.

Measure M8, Heavy-Duty Gasoline Vehicles (HDGVs)--lower emission

standards, adoption 1997, implementation 1998-2002, South Coast

reductions in 2010--3 tpd NOX. These reductions will be achieved

by application of 3-way catalyst technology in HDGVs will obtain 50

percent reductions of NOX and ROG emissions from these engines.

Measure M11, Industrial Equipment, Gas & LPG--three-way catalyst

technology, adoption 1997, implementation 2000-2004, South Coast

reductions in 2010--14 tpd NOX, 29 tpd ROG. Emission standards for

new engines greater than 25 hp and less than 175 hp will be phased in

beginning in 2000, based on the use of closed-loop 3-way catalyst

systems, which are expected to reduce ROG by 75 percent and NOX by

at least 50 percent.

Measure CP-2, Mid-Term Consumer Products (``Phase III''), adoption

July 1997, reductions in 2005--25 percent reduction beyond currently

adopted CARB regulations, South Coast reductions in 2010--34 tpd ROG.

In this document, EPA is proposing to approve these commitments in

the 1994 ozone plan, but is not at this time proposing action on the

plans for the individual ozone nonattainment areas. Thus, EPA has made

no determination as to whether these plans meet the attainment

demonstration, progress, or any other specific section 182 requirements

of the Act. EPA has, however, concluded that the CARB plan contains

enforceable commitments to adopt regulations that, if approved, would

greatly strengthen the SIP. Therefore, EPA is proposing to approve

these commitments under section 110(k)(3) and 301(a) solely for their

strengthening effect.

EPA is firmly committed to assisting CARB in its efforts to develop

and adopt the associated State regulations, which EPA agrees are

vitally important if the State is to meet the public health goals of

the Act. EPA shares the State's dedication, reflected in these

commitments, to achieve real and sustainable progress toward clean air

at the least cost. EPA pledges to work closely with CARB to speed full

SIP approval of the regulations eventually adopted by the State.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

Regulatory Process

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 business, small not-for-profit enterprises and

government entities with jurisdiction over populations of less than

50,000.

SIP approvals under sections 110 and 301 and subchapter I, part D

of the Clean Air Act, do not create any new requirements, but simply

approve requirements that the State is already imposing. Therefore,

because the Federal SIP approval does not impose any new requirements,

it does not have a significant impact on any small entities affected.

Moreover, due to the nature of the Federal/state relationship under the

Act, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the

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economic reasonableness of state action. The Act forbids EPA to base

its actions concerning SIP's 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.

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 these SIP revisions, the State and any

affected local or tribal governments have elected to adopt the program

provided for under sections 110 and 182 of the CAA. 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 proposed for approval 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 proposed 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Oxides of nitrogen, Ozone, Reporting and recordkeeping requirements,

Volatile organic compounds.

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

Dated: July 5, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95-20600 Filed 8-18-95; 8:45 am]

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