[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Proposed Rules]
[Pages 43663-43673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14931]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-314-0483; FRL-7945-4]


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

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 standards (NAAQS) in the Los Angeles-South Coast Air Basin and 
the Coachella Valley Area, and to establish emissions budgets for these 
areas for purposes of transportation conformity. EPA is also proposing 
to approve revisions to fugitive dust regulations and ordinances for 
the areas. EPA is proposing to approve these SIP revisions under 
provisions of the Clean Air Act (CAA) regarding EPA action on SIP 
submittals, SIPs for national primary and secondary ambient air quality 
standards, and plan requirements for nonattainment areas.

DATES: Written comments on this proposal must be received by August 29, 
2005.

ADDRESSES: Please mail comments to: Dave Jesson (AIR-2), EPA Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, or e-mail to 
jesson.david@epa.gov. The rulemaking docket for this proposal is 
available for public inspection during normal business hours at EPA's 
Region IX 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 
95812.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, California 91765.

    The 2003 Air Quality Management Plan, which includes the South 
Coast PM10 plan, is electronically available at:

[[Page 43664]]

http://www.aqmd.gov/aqmp/AQMD03AQMP.htm.
    The 2003 Coachella Valley PM10 State Implementation Plan is at: 
http://www.aqmd.gov/aqmp/docs/f2003cvsip.pdf.
    The fugitive dust rules are electronically available at: http://
www.aqmd.gov/rules/rulesreg.html.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, at (415) 
972-3957, or jesson.david@epa.gov.

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

Table of Contents

I. Background
    A. Summary
    B. PM-10 Problem in the South Coast and Coachella Valley
    C. CAA Planning Provisions
    D. Designation and Classification
    E. Adoption and Submittal of these Revisions
II. Evaluation of the SIP Submittals
    A. Emission Inventories
    B. Control Measures
    1. Applicable Requirements
    2. Description of South Coast Control Measure Commitments
    3. Proposed Action on South Coast Control Measures
    C. Regulations and Ordinances
    1. Description of Regulations and Ordinances
    a. SCAQMD Rule 403--Fugitive Dust
    b. SCAQMD Rule 403.1--Supplemental Fugitive Dust Control 
Requirements for Coachella Valley
    c. SCAQMD Rule 1186--PM10 Emissions from Paved and Unpaved 
Roads, and Livestock Operations
    d. Coachella Valley Local Ordinances
    2. Proposed Action on Regulations and Ordinances
    D. Contingency Measures
    E. Reasonable Further Progress (RFP) and Milestones
    1. South Coast
    2. Coachella Valley
    F. Attainment Demonstrations
    1. South Coast
    2. Coachella Valley
    G. Motor Vehicle Emission Budgets
    1. South Coast
    2. Coachella Valley
III. Summary of EPA's Proposed Action
IV. Administrative Requirements

I. Background

A. Summary

    We are proposing to approve 2003 plan amendments for the South 
Coast Air Basin (or ``South Coast''), as the plan amendments pertain to 
attainment of the 24-hour and annual PM-10 NAAQS.\1\ We are proposing 
to approve revisions to the PM-10 plan for the Coachella Valley 
Planning Area (``Coachella Valley'').\2\ We are also proposing to 
approve the plans' PM-10 motor vehicle emissions budgets for purposes 
of transportation conformity. Finally, we are proposing to approve 
revisions to Rules 403, 403.1, and 1186 of the South Coast Air Quality 
Management District (SCAQMD) regulating fugitive dust emissions, and 
revisions to fugitive dust ordinances for Coachella Valley 
jurisdictions. These revisions update, improve, strengthen, and 
supplement the approved SIP provisions for control of PM-10 and PM-10 
precursors in the two areas.
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    \1\ The nonattainment area includes all of Orange County and the 
more populated portions of Los Angeles, San Bernardino, and 
Riverside Counties. For a description of the boundaries of the Los 
Angeles-South Coast Air Basin Area, see 40 CFR 81.305.
    \2\ The Coachella Valley Planning Area is in central Riverside 
County in the Salton Sea Basin. The boundary is defined at 40 CFR 
81.305.
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B. PM-10 Problem in the South Coast and Coachella Valley

    Although great progress has been made in reducing PM-10 
concentrations, the South Coast and Coachella Valley continue to 
violate the PM-10 NAAQS, and the State must therefore adopt, submit, 
and implement measures and other provisions sufficient to make 
expeditious progress and attain the NAAQS by the applicable 
deadline.\3\
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    \3\ The health effects from elevated PM-10 concentrations 
include lung damage, respiratory and cardio-vascular disease, and 
premature death. Children, the elderly, and people suffering from 
heart and lung diseases, such as asthma, are especially at risk.
    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/m\3\). 
The 24-hour PM-10 standard of 150 [mu]g/m\3\ 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 PM-10 standard (652 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).
    This SIP submittal addresses the 24-hour and annual PM-10 
standards as originally promulgated. An opinion issued by the U.S. 
Court of Appeals for the D.C. Circuit in American Trucking Assoc., 
Inc., et al. v. USEPA, No. 97-1440 (May 14, 1999), among other 
things, vacated the 1997 standards for PM-10. However, the PM-10 
standards promulgated on July 1, 1987 were not an issue in this 
litigation, and the Court's decision does not affect the 
applicability of those standards in the South Coast and Coachella 
Valley areas. Codification of those standards continues to be 
recorded at 40 CFR 50.6. See also 69 FR 45592, July 30, 2004.
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    The SCAQMD has adopted and the State has submitted PM-10 attainment 
plans and regulations for these two areas in past years. In 2003, we 
fully approved PM-10 progress and attainment plans for the South Coast 
and Coachella Valley as meeting all CAA requirements for serious PM-10 
areas, and as part of those actions we also granted attainment date 
extensions for the areas for both the 24-hour and annual PM-10 NAAQS, 
from December 31, 2001 to December 31, 2006, pursuant to CAA section 
188(e). For more information on the currently approved South Coast and 
Coachella Valley PM-10 plans (``2002 SIPs''), please see our proposed 
and final rulemaking notices. The proposals were issued on December 17, 
2002 (67 FR 77212 and 67 FR 77204) and the final approvals were issued 
on April 18, 2003 (68 FR 19316 and 68 FR 19318). We have also 
previously approved SCAQMD fugitive dust regulations and Coachella 
Valley local ordinances for the control of fugitive dust. See approvals 
of SCAQMD Rules 403, 403.1, and 1186, and 10 Coachella Valley 
ordinances published on December 9, 1998 (63 FR 67784), and again on 
February 17, 2000 (65 FR 8057), following SCAQMD adoption of amendments 
strengthening Rules 403 and 1186. This proposed action simply addresses 
updates and improvements to the 2002 SIPs for the South Coast and 
Coachella Valley, the SCAQMD fugitive dust regulations, and the 
Coachella Valley ordinances, adopted as part of the attainment plans 
for the South Coast and Coachella Valley.

C. CAA Planning Provisions

    The Federal 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 
South Coast and Coachella 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 Best 
Available Control Measures (BACM), and the measures must be implemented 
expeditiously and ensure attainment no later than the applicable CAA 
deadline. CAA section 189(b). Because the State requested an extension 
of the attainment date for the South Coast and Coachella Valley beyond 
the applicable deadline of December 31, 2001, under CAA section 188(e) 
the State must demonstrate that

[[Page 43665]]

the plans include the most stringent measures (MSM) that are included 
in any implementation plan or are achieved in practice, and can 
feasibly be implemented in the area.
    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 South Coast and Coachella Valley PM-10 SIP 
submittals, taking into consideration the specific factual issues 
presented.

D. Designation and Classification

    On the date of enactment of the 1990 CAA Amendments, PM-10 areas, 
including the South Coast and Coachella Valley, meeting the 
qualifications of section 107(d)(4)(B) of the amended Act, were 
designated nonattainment by operation of law. See 56 FR 11101 (March 
15, 1991).
    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. In accordance with section 188(a), at the time 
of designation, all PM-10 nonattainment areas, including the South 
Coast and Coachella Valley, were initially classified as moderate by 
operation of law. Section 188(b)(1) of the Act further provides that 
moderate areas can subsequently be reclassified as serious before the 
applicable moderate area attainment date if at any time EPA determines 
that the area cannot ``practicably'' attain the PM-10 NAAQS by this 
attainment date.
    EPA determined on January 8, 1993, that the South Coast and 
Coachella Valley could not practicably attain the PM-10 NAAQS by the 
applicable attainment deadline for moderate areas (December 31, 1994, 
per section 188(c)(1) of the Act), and reclassified the area as serious 
(58 FR 3334). In accordance with section 189(b)(2) of the Act, the 
State was required to make the following SIP submittals. First, the 
State had to submit by August 8, 1994, a SIP to ensure the 
implementation of BACM no later than 4 years after reclassification, as 
required by CAA section 189(b)(1)(B). Second, the State had to submit a 
SIP by February 8, 1997, providing for progress and expeditious 
attainment, as required by CAA section 189(b)(1)(A).

E. Adoption and Submittal of These Revisions

    For a description of the history and content of the 2002 SIPs, 
rules, and ordinances for the South Coast and Coachella Valley, please 
see our proposed and final rules cited above. On August 1, 2003, the 
SCAQMD adopted the 2003 South Coast Air Quality Management Plan (``2003 
South Coast AQMP'') and the 2003 Coachella Valley PM10 State 
Implementation Plan (``2003 Coachella Valley Plan''), including the 
motor vehicle emissions budgets for the areas.\4\ The California Air 
Resources Board (CARB) approved the plans on October 23, 2003, and 
submitted the plans to us on January 9, 2004. We determined that these 
submittals were complete on February 18, 2004, pursuant to CAA section 
110(k)(1)(B) and 40 CFR part 51, Appendix V.
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    \4\ In addition to PM-10, the 2003 South Coast AQMP addressed 
the NAAQS for carbon monoxide (CO), ozone, and nitrogen dioxide 
(NO2). We will take separate action on the plan with 
respect to these standards.
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    On April 2, 2004, the SCAQMD adopted revisions to Rules 403, 403.1, 
and 1186, and CARB submitted the revisions on July 29, 2004. On August 
10, 2004, we determined the submittal to be complete. On November 16, 
2004, CARB submitted revised Coachella Valley ordinances, which were 
adopted by the local jurisdictions on various dates in 2003 and 2004, 
and the implementation handbooks for Rules 403 and 403.1, which were 
inadvertently omitted from the April 2, 2004 SIP submittal. On April 6, 
2005, we determined the submittal to be complete.
    Both the SCAQMD and CARB satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption of the SIP revisions. The SCAQMD conducted numerous public 
workshops, and properly noticed the public hearings at which the plans 
and rules were adopted. The SIP submittals include proof of publication 
for notices of the public hearings. The local Coachella Valley 
jurisdictions properly noticed and adopted the fugitive dust 
ordinances. Therefore, we conclude that the SIP submittals have met the 
public notice and involvement requirements of section 110(a)(1) of the 
CAA.

II. Evaluation of the SIP Submittals

A. Emission Inventories

    CAA section 172(c)(3) requires that all nonattainment area plan 
submittals include a comprehensive, accurate, and current inventory of 
actual emissions from all sources in the area.
    The emission inventories in the 2003 South Coast AQMP and the 2003 
Coachella Valley Plan supersede those in the 2002 SIPs for these areas. 
The revised 2003 South Coast AQMP includes summary emission inventories 
for major source categories in tons per annual average day for VOC, 
NOX, CO, SOX, TSP, PM-10, and PM-2.5 for the 1997 
base year (Table 3-1A) and the 2006 attainment year (Table 3-3A). 
Appendix III (Base and Future Year Emission Inventories) to the 2003 
South Coast AQMP provides more detailed emissions inventories for 1995, 
1997, 2000, 2002, 2003, 2005, 2006, and various later years. Appendix 
IV-A also includes additional emissions data, including control 
category baseline emissions for 1997, 2006, and 2010, and estimates of 
baseline emissions and emission reductions from each of the 2003 South 
Coast AQMP control measures for 2006 and 2010 for primary PM-10 or PM-
10 precursors (NOX, SOX, VOC, and ammonia), as 
applicable to the measure. Appendix III documents the source of the 
data and references SCAQMD and CARB reports that provide detailed 
information on the methodologies used to estimate emissions from area 
sources. Finally, Appendix V (Modeling and Attainment Demonstrations) 
includes estimated average annual day emission reductions by control 
measure for PM-10, VOC, NOX, and SOX in 2006 in 
the South Coast.
    The 2003 Coachella Valley Plan includes annual average and maximum 
24-hour emission inventories for 1995 (Table 2-2), 2000 (Table 2-3), 
2003 (Table 2-4), and 2006 (Table 2-5).
    The principal emissions inventory enhancements of the revised plans 
are the use of more accurate emissions factors and models and updated 
activity levels for emissions associated with mobile sources, 
including: (1) The use of the latest EPA-approved California motor 
vehicle emissions factor model (EMFAC2002) \5\ and the most recent 
motor vehicle activity data from the Southern California Association of 
Governments (SCAG); (2) an improved methodology for estimating paved 
road

[[Page 43666]]

dust emissions \6\; and (3) CARB's new nonroad mobile source model (the 
OFFROAD model). The emission inventories for the South Coast Air Basin 
also use the results of special studies of aircraft, marine vessels, 
composting, and ammonia emissions (see Appendix III of the 2003 South 
Coast AQMP, pages III-1-13 to III-1-14), and more accurate emissions 
factors for the windblown dust category, based on use of climate, wind 
speed, and soil data representative of Southern California.
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    \5\ We approved use of EMFAC2002 on April 1, 2003 (68 FR 15722) 
for use in SIPs and conformity analyses. EMFAC2002 produces 
California-specific emissions for the full range of motor vehicles.
    \6\ We recently approved this methodology as part of our 
adequacy determination for the motor vehicle emissions budgets in 
the revised South Coast and Coachella Valley PM-10 plans. See 58 FR 
15326, March 25, 2004. The methodologies are discussed on page III-
1-12 of Appendix III of the 2003 South Coast AQMP.
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    The emission inventories in the 2003 South Coast AQMP and 2003 
Coachella Valley Plan are complete with respect to sources that have 
been found to contribute to PM-10 violations. The inventories employ 
activity levels, emission factors, and growth projections that are 
current and reflective of the best available emissions information.
    Because they are current, accurate, and complete, we propose to 
approve as meeting the provisions of CAA section 172(c)(3) the South 
Coast emission inventories in Chapter 3 (Tables 3-1A and 3-3A), 
Appendix III (Tables A-1, A-2, A-3, A-5, and A-7), and Appendix V of 
the 2003 South Coast AQMP (Attachment 4), and the Coachella Valley 
emission inventories in Tables 2-2, 2-3, 2-4, and 2-5 of the 2003 
Coachella Valley Plan.

B. Control Measures

    We recently approved the control measure portions of the 2002 SIPs 
for the South Coast and Coachella Valley. The 2003 South Coast AQMP 
makes minor modifications to the previously approved SCAQMD commitments 
to adopt control measures. Although the 2003 South Coast AQMP includes 
changes to the control measure commitments by CARB and SCAG, these new 
and amended commitments apply only to the ozone portion of the plan, 
and therefore are not part of this proposed action. The 2003 Coachella 
Valley Plan includes no changes to the control measure commitments in 
the 2002 SIP.
1. Applicable Requirements
    Because the South Coast Air Basin and Coachella Valley are 
classified as serious for PM-10, the nonattainment plans for these 
areas must include measures that reflect a BACM level of control for 
each source category that contributes significantly to a violation of 
the 24-hour or annual PM-10 NAAQS.\7\ For a discussion of the BACM and 
MSM provisions applicable to these areas and our determination that the 
2002 SIPs for the South Coast and Coachella Valley fully met these 
requirements, see the discussion in the proposed approval of the plans 
at 67 FR 77215 and 67 FR 77207 (December 17, 2002).\8\
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    \7\ The plans must also satisfy lesser control measure 
provisions applicable to moderate areas, Reasonably Available 
Control Measures (RACM) for areas sources such as fugitive dust, and 
Reasonably Available Control Technology (RACT) for stationary 
sources such as commercial and industrial operations. In approving 
the 2002 SIPs, we did not make an independent assessment of the 
plans' control measures against the RACM and RACT requirements, 
since the plans would meet RACM and RACT requirements if they were 
found to meet the BACM requirement.
    \8\ Our final rules on the 2002 SIPs included our determination 
that the CAA provisions relating to BACM (section 189(b)(1)(B)) and 
MSM (section 188(e)) were fully met by the South Coast and Coachella 
Valley control measures, which consisted of: (1) Enforceable 
commitments to adopt and implement regulations; and (2) fully 
adopted regulations and ordinances, including those fugitive dust 
rules and ordinances we had previously approved (SCAQMD Rules 403, 
403.1, and 1186, and Coachella Valley fugitive dust ordinances). See 
68 FR 19316 and 68 FR 19318 in the final rules.
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    In the 2002 SIPs for the South Coast and Coachella Valley, SCAQMD 
determined which source categories are ``significant,'' as part of the 
BACM analysis.\9\ Please refer to 67 FR 77215-6 and 67 FR 77207-9 
(December 17, 2002) for a summary of the BACM determinations of 
significant categories in the 2002 SIPs for South Coast and Coachella 
Valley. Updates to the emissions inventories in the 2003 South Coast 
AQMP and the 2003 Coachella Valley Plan did not change the 
determinations of significant source categories in the 2002 SIPs. As a 
result, the revised plans continue the prior determinations of 
applicable BACM, which we approved in our April 18, 2003 final rule 
(see 68 FR 19316, and 68 FR 19318). The revised plans, rules, and 
ordinances strengthen the 2002 SIPs' control requirements for primary 
PM and (in the case of the South Coast) the applicable secondary 
precursors. Therefore, these plan updates also do not recreate the 2002 
SIPs' demonstrations, pursuant to CAA section 188(e), that the plans 
include the most stringent measures.\10\
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    \9\ 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).
    EPA exempts from the BACM requirement de minimis source 
categories, which do not contribute significantly to nonattainment. 
EPA has generally relied on the criteria applied under the new 
source permit programs (40 CFR 51.165(b)) and has therefore presumed 
that a source category contributes significantly to a violation of 
the 24-hour NAAQS if its impact at the location of expected 
violation would exceed 5 [mu]g/m3, and would contribute 
significantly to a violation of the annual NAAQS if its impact at 
the time and location of the expected violation would exceed 1 
[mu]g/m3. 59 FR 42011. However, states must also review 
the potential to attain earlier through application of controls on 
anthropogenic sources below these general levels.
    \10\ SCAQMD did, as part of the plan update, review control 
measures to confirm that the District's measures and commitments 
continue to reflect the best and most stringent control level. See 
discussions of each control measure in Appendix IV-A, which 
summarizes the results of the District's survey of available control 
technologies and techniques, and provides extensive documentation 
and references to support the proposed control.
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    Finally, the control measures in the serious area plans must be 
sufficient to achieve expeditious attainment by the applicable 
deadline. As discussed below, the revised SIPs update and improve the 
progress and attainment provisions in the 2002 SIPs, and we propose to 
conclude that the plans, as revised, continue to meet the requirements 
of CAA sections 189(c) and 189(b)(1)(A) for reasonable further progress 
and expeditious attainment of the PM-10 NAAQS.
2. Description of South Coast Control Measure Commitments
    The South Coast 2003 AQMP relies heavily on existing, fully adopted 
SCAQMD regulations to reduce primary PM-10 and secondary precursors as 
needed to bring the area into attainment of the 24-hour and annual PM-
10 NAAQS. The secondary precursors in the South Coast are 
NOX and, to a lesser extent, SOX, VOC, and 
ammonia (NH3). The majority of these control measures have been 
approved in prior actions on SCAQMD regulations submitted over the 
years.\11\
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    \11\ See, for example, our approval of the 1997 ozone plan and 
that plan's NOX and VOC control measure commitments, as 
amended in 1999 (65 FR 6091, February 8, 2000; 65 FR 18903, April 
10, 2000). We have approved the District's NOX and VOC 
regulations in separate rulemaking over the years. You may see 
copies of the approved rules at: http://www.epa.gov/region09/air/
sips/.
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    Although existing controls on primary PM-10 and secondary PM-10 
precursors achieve the overwhelming majority of reductions necessary 
for attainment, it is still necessary to adopt new regulations or 
strengthen existing regulations in order to deliver the small 
additional amount of reductions needed for attainment of the PM-10 
NAAQS in

[[Page 43667]]

the South Coast. The SCAQMD's commitment to adopt new or strengthened 
regulations in the 2003 South Coast AQMP is described at length in 
Chapter 4 and in Appendix IV-A (District's Stationary and Mobile Source 
Control Measures).
    Table 1 below, entitled ``South Coast PM-10 Control Measures,'' 
lists the target primary PM-10, NH3, VOC, and SOX emission 
reductions from each control measure commitment included in the plan. 
Certain new SCAQMD control measures in the South Coast 2003 AQMP are 
intended to reduce NOX emissions, but the NOX 
emission reductions from these measures by 2006 are relatively small 
and therefore the new NOX measures and reductions are not 
included in Table 1.
    Appendix IV-A provides extensive history of the control measures, 
including evolution of the measures over time and progress on the 
measures since the 2002 SIP. Appendix IV-A also documents the costs of 
implementation, discusses technological feasibility issues, explains 
the schedule for expeditious implementation, and examines other factors 
as part of a comprehensive rationale for the measures.\12\
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    \12\ Although the 2003 South Coast AQMP includes new and revised 
State control measures in Appendix IV-B (Proposed 2003 State and 
Federal Strategy for the California State Implementation Plan) and 
new regional transportation strategies in Appendix IV-C (Regional 
Transportation Strategy & Control Measures), these control measures 
are not part of the revised PM-10 portion of the plan since they are 
primarily designed to contribute emission reductions needed for 
attainment of the 1-hour ozone NAAQS by 2010. We intend to rule on 
these measures when we act on the ozone portion of the South Coast 
2003 AQMP.

              Table 1.--South Coast PM-10 Control Measures
             [Source: South Coast 2003 AQMP, Appendix IV-A]
------------------------------------------------------------------------
                                                       2006  reduction
  Control measure number     Control measure title     target  in tons
                                                           per day
------------------------------------------------------------------------
                   Remaining 2002 SIP Control Measures
------------------------------------------------------------------------
CMB-07...................  Emission Reductions from  2.1
                            Petroleum Refinery
                            Flares (SOX).
CMB-09 \1\...............  Petroleum Refinery Fluid  0.1, 0
                            Catalytic Cracking
                            Units (PM-10, NH3).
WST-01 \1\...............  Emission Reductions from  4.2, 8.7
                            Livestock Waste (VOC,
                            NH3).
WST-02 \1\...............  Emission Reductions from  1.2, 1.9
                            Composting (VOC, NH3).
PRC-03 (P2)..............  Emission Reductions from  0.2
                            Restaurant Operations
                            (PM-10).
--------------------------
                          New Control Measures
------------------------------------------------------------------------
BCM-07 \1\...............  Further PM10 Reductions   TBD
                            from Fugitive Dust
                            Sources (PM-10).
BCM-08 \1\...............  Further Emission          0.6
                            Reductions from
                            Aggregate and Cement
                            Manufacturing
                            Operations (PM-10).
MSC-04...................  Miscellaneous Ammonia     TBD
                            Sources (NH3).
MSC-06...................  Wood-Burning Fireplaces   TBD
                            and Wood Stoves (PM-10).
TCB-01 \2\...............  Transportation            0
                            Conformity Backstop
                            Measure (PM-10).
------------------------------------------------------------------------
\1\ These measures have already been adopted by SCAQMD. Revisions to
  Rules 403 and 1186 fulfill BCM-07; new Rule 1127 (Emission Reductions
  from Livestock Waste, adopted 8/6/04) addresses WST-01; new Rule
  1133.2 (Emission Reductions from Co-Composting Operations, adopted 1/
  10/03) responds to WST-02 commitments; new Rule 1105.1 (Reduction of
  PM10 and Ammonia Emissions from Fluid Catalytic Cracking Units,
  adopted 11/7/03) meets the CMB-09 commitment; and new Rule 1157 (PM10
  Emissions Reductions from Aggregate and Related Operations, adopted 1/
  07/05) fulfills the BCM-08 commitment.
\2\ This measure, which is intended to achieve reductions in PM-10 after
  the 2006 attainment date, is discussed below and in Section II.G.,
  Motor Vehicle Emission Budgets.

    Table 2 below, entitled ``South Coast Emission Reduction 
Commitments,'' presents the enforceable SCAQMD commitments to adopt and 
implement measures by specific dates to achieve particular emission 
reductions. This table is derived from Table 4-8A in the South Coast 
2003 AQMP, and includes the commitments for the remaining 3 years of 
the South Coast PM-10 attainment demonstration.

Table 2.--South Coast Emission Reduction Commitments Commitments To Adopt and Implement New Measures To Achieve Emission Reductions in Tons per Day From
                                                                 2010 Planning Inventory
                                                       [Source: South Coast 2003 AQMP, Table 4-8A]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             VOC                      PM-10                      NOX                       SOX
                      Year                       -------------------------------------------------------------------------------------------------------
                                                     Adopt         Impl        Adopt         Impl        Adopt         Impl        Adopt         Impl
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004............................................          2.0            0          1.7            0          3.0            0          2.1            0
2005............................................          2.0            0            0         0.16          2.1            0            0          2.1
2006............................................            0          4.8            0         0.86            0            0            0            0
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 43668]]

    The emission reduction targets shown in Table 1 and the emission 
reduction commitments shown in Table 2 are intended to update and 
replace those in the 2002 SIP, reflecting recent progress in the 
development of the measures.\13\
---------------------------------------------------------------------------

    \13\ SCAQMD has now adopted regulations fulfilling the following 
commitments in the 2002 SIP: BCM-01, BCM-03, BCM-04, BCM-06, BCM-08, 
CMB-09, PRC-01, WST-01, and WST-02. It should be noted that the 
NOX reductions from the committal measures in the South 
Coast 2003 AQMP, as displayed in Table 2, are not relied on for 
progress or attainment, but will contribute to maintenance of the 
PM-10 NAAQS in the period after 2006.
---------------------------------------------------------------------------

    The 2003 South Coast AQMP includes one measure applicable to the 
post-2006 period. In order to ensure that growth in transportation 
related emissions in future years does not jeopardize continued 
attainment of the PM-10 NAAQS, SCAQMD adopted TCB-01--Transportation 
Conformity Budget Backstop Measure. This measure consists of a 
commitment to adopt further PM-10 controls no later than 2019 to 
achieve as much as 9 tons per day of additional PM-10 emission 
reductions by 2020, and to adopt still more PM-10 controls no later 
than 2029 to achieve as much as 16 tons per day of additional PM-10 
emission reductions by 2030. Under the measure, SCAQMD will be 
responsible for implementing further fugitive dust rules and SCAG will 
be responsible for developing and achieving additional emission 
reductions from the Regional Transportation Plan and Transportation 
Control Measures. Further details on this committal measure may be 
found in Appendix IV-A, pages IV-119 through IV-121.
3. Proposed Action on South Coast Control Measures
    Inasmuch as the South Coast 2003 AQMP presents minor updates, 
refinements, and enhancements of the South Coast control measures in 
the 2002 SIP, we propose to approve them under CAA section 110(k)(3), 
as meeting the requirements of CAA sections 110(a), 188(e), and 
189(b)(1)(B), and remaining consistent with attainment as expeditiously 
as practicable. We are proposing to approve each of the control measure 
commitments in Table 1 and the overall SCAQMD commitment in Table 2 to 
adopt and implement rules by specified dates to achieve particular 
emission reductions. We propose that these updated commitments 
supersede and replace the commitments for the same measures in the 2002 
SIP for the South Coast.\14\
---------------------------------------------------------------------------

    \14\ The previously approved commitments for these measures are 
shown in Table 1 of our proposed action on the 2002 SIP for PM-10 
(67 FR 77216, December 17, 2002) and, for secondary precursors to 
PM-10, in Table 2 of our proposed action on the ozone SIP (65 FR 
6096, February 8, 2000; final rule 65 FR 18903, April 10, 2000). It 
should be noted that the 2003 South Coast AQMP uses updated baseline 
and projected emissions inventories and control factors, and so the 
emission reductions targets in this new plan are calculated using 
different currencies from the approved ozone and PM-10 SIPs. 
Moreover, the 2003 South Coast AQMP committal measures reflect in 
the baseline and projected emissions inventories all reductions that 
have already been accomplished by SCAQMD regulations adopted 
subsequent to the submittal of the earlier SIPs.
    Commitments approved by EPA under CAA section 110(k)(3) are 
enforceable by EPA and citizens under CAA sections 113 and 304, 
respectively. In the past, we have approved enforceable commitments 
and courts have enforced those actions against states that failed to 
comply with their commitments. For further discussion and citation, 
please see 69 FR 5427 (February 4, 2004) and 69 FR 30029 (May 26, 
2004).
    We consider 3 factors in determining whether to approve 
enforceable commitments: (a) Whether the commitment addresses a 
limited portion of the statutorily-required program; (b) whether the 
state is capable of fulfilling its commitment; and (c) whether the 
commitment is for a reasonable and appropriate period of time. In 
the case of this update to the 2002 SIP for the South Coast, the 
number of commitments and the associated emission reductions are 
considerably reduced, because of continued successful SCAQMD rule 
adoption, leaving relatively few reductions to be accomplished in 
future, as shown in Table 2. The commitments represent a small 
percent of the required emission reductions from the 1997 base year. 
For example, the NOX commitments are not required for 
attainment but rather contribute toward post-2006 maintenance of the 
PM-10 NAAQS, and the VOC commitments are 1.0% of the VOC emission 
reductions achieved from the 1997 base year through the 2006 
attainment year. The SCAQMD has demonstrated its diligence in 
fulfilling commitments generally and, in the case of the commitments 
in this plan, the SCAQMD had adopted in regulatory form 5 of the 10 
commitments by August 2004, including all the most significant PM-10 
measures. We believe that the schedule for adopting and implementing 
the measures is for a reasonable and appropriate period of time, 
given the complex and challenging nature of the control measures. 
Finally, the adoption and implementation schedule in the commitments 
is consistent with the SCAQMD's ability to make expeditious progress 
toward attainment of the standards.
---------------------------------------------------------------------------

    As noted above, the 2003 Coachella Valley Plan contains no new 
control measure commitments, but relies on the adopted revisions to 
Rules 403 and 403.1 and the local ordinances.

C. Regulations and Ordinances

    The principal fugitive dust regulations in the South Coast and 
Coachella Valley are two SCAQMD rules: Rule 403--``Fugitive Dust'' and 
Rule 1186--``PM10 Emissions from Paved and Unpaved Roads and Livestock 
Operations.'' Attainment of the PM-10 NAAQS in Coachella Valley also 
depends on emission reductions from SCAQMD Rule 403.1--``Supplemental 
Fugitive Dust Control Requirements for Coachella Valley Sources'' and 
fugitive dust control ordinances adopted by Riverside County and 9 
cities within the Coachella Valley. Attainment of the PM-10 NAAQS in 
the South Coast also requires NH3 and VOC reductions from livestock 
waste operations, and SCAQMD adopted on August 6, 2004, a new SCAQMD 
Rule 1127--``Emission Reductions from Livestock Waste'' to accomplish 
these reductions.\15\
---------------------------------------------------------------------------

    \15\ On July 21, 2004 (69 FR 43518), we approved new SCAQMD 
Rules 1133, 1133.1, and 1133.2, adopted on January 10, 2003, 
establishing VOC and NH3 controls on composting operations. We 
intend to act on Rule 1127 in separate rulemaking, once the rule is 
submitted. These rules contribute reductions required as part of the 
South Coast PM-10 NAAQS attainment demonstration.
---------------------------------------------------------------------------

    In this action, we are proposing to approve recently adopted 
amendments strengthening Rules 403, 403.1, and 1186, and more stringent 
fugitive dust control ordinances adopted by the 10 Coachella Valley 
jurisdictions. These regulations and ordinances were adopted in 
fulfillment of emission reduction commitments in the 2002 SIPs for the 
South Coast and Coachella, and in the 2003 South Coast AQMP.
    The docket for this rulemaking includes the complete SIP submittal 
package, including the current rule text, strike-out/underline rule 
text highlighting rule amendments, and the SCAQMD Staff Report, which 
provides information on the regulatory background, rule purpose and 
applicability, affected sources, legal authority, changes in the rules 
and implementation handbooks, estimation of emissions and emission 
reductions, cost and cost-effectiveness estimates, and summary of 
public comments and SCAQMD response. The Staff Report and supplementary 
materials on revised Rules 403, 403.1, and 1186 may also be found at: 
http://www.aqmd.gov/hb/2004/040438a.html.
1. Description of Regulations and Ordinances
a. SCAQMD Rule 403--Fugitive Dust
    Rule 403 applies to any land use or activity that has the potential 
to generate fugitive dust, including construction and agricultural 
activities. SCAQMD originally adopted Rule 403 in 1976, and amended the 
rule in 1992, 1993, 1997, and 1998. On February 17, 2000 (65 FR 8057), 
we approved Rule 403, including its two handbooks (``Rule 403 
Implementation Handbook'' and ``Rule 403 Agricultural Handbook''), as 
the rule was last amended in 1998.
    On April 2, 2004, the SCAQMD again adopted strengthening and 
clarifying amendments to the rule and handbooks, and adopted an 
additional handbook--``Rule 403 Coachella Valley Agricultural

[[Page 43669]]

Handbook.'' The more significant changes include: Lowering the 
threshold for construction projects subject to additional requirements 
for large operations and strengthening those notification and control 
requirements; requiring construction sites greater than 5 acres to 
install track-out control devices; identifying conservation practices 
for Coachella Valley crop producers seeking a Rule 403 exemption; 
tightening provisions relating to weed abatement; and adding numerous 
provisions to clarify the rule and improve its enforceability.
    CARB and SCAQMD requested that we not approve into the SIP the 
revised rule provision (h), relating to Ambient Air Analysis Fees.\16\ 
In the same correspondence, CARB and SCAQMD asked that we approve only 
the following sections of the revised 403 Implementation Handbook, 
which is incorporated into the rule: (1) Chapter 5--Guidance for Large 
Operations; (2) Chapter 7--Test Methods; and (3) Chapter 8--On-Site 
Monitoring. SCAQMD asked that we approve the entire Rule 403 Coachella 
Valley Agricultural Handbook, just as we have previously approved the 
entire 403 Agricultural Handbook applicable to the South Coast area (65 
FR 8057).\17\
---------------------------------------------------------------------------

    \16\ Letter from Michael Scheible, CARB, to Wayne Nastri, USEPA, 
dated November 16, 2004, and letter from Elaine Chang, SCAQMD, to 
Dave Jesson, USEPA, dated September 17, 2004.
    \17\ Letter from Elaine Chang, SCAQMD, to Bob Fletcher, ARB, 
dated August 18, 2004.
---------------------------------------------------------------------------

b. SCAQMD Rule 403.1--Supplemental Fugitive Dust Control Requirements 
for Coachella Valley
    SCAQMD Rule 403.1 applies to any land use or activity within the 
Coachella Valley that has the potential to generate fugitive dust, 
including construction activities.\18\ The rule includes especially 
stringent provisions for implementation when wind speeds exceed 25 
miles per hour, and the rule also serves as a backstop for local 
jurisdictions' enforcement of their fugitive dust ordinances. SCAQMD 
originally adopted Rule 403.1 in 1993, and amended the rule in 2000. On 
December 9, 1998 (63 FR 67784), we approved Rule 403.1, including the 
``403.1 Implementation Handbook,'' as originally adopted in 1993.
---------------------------------------------------------------------------

    \18\ Rule 403.1 was originally titled ``Wind Entrainment of 
Fugitive Dust.'' The amendment adopted this year includes a change 
in the rule's title to ``Supplemental Fugitive Dust Control 
Requirements for Coachella Valley.''
---------------------------------------------------------------------------

    On April 2, 2004, the SCAQMD adopted strengthening and clarifying 
amendments to the rule and ``Rule 403.1 Implementation Handbook.'' The 
more significant changes include: more stringent soil stabilization 
requirements for inactive construction sites; addition of a requirement 
that sources not subject to a local dust control ordinance submit a 
fugitive dust control plan to SCAQMD; and numerous provisions 
clarifying the rule and improving its enforceability.
    CARB and SCAQMD requested that we not approve into the SIP the 
revised rule provision (j), relating to Fees.\19\ SCAQMD also asked 
that we approve only the following sections of the revised ``Rule 403.1 
Implementation Handbook,'' which is incorporated into the rule: (1) 
Chapter 2--Coachella Valley Wind Monitoring; (2) Chapter 3--On-Site 
Wind Monitoring Equipment; (3) Chapter 4--Fugitive Dust Control Plan 
Guidance; and (4) Chapter 7--Test Methods.\20\
---------------------------------------------------------------------------

    \19\ Letter from Michael Scheible, CARB, to Wayne Nastri, USEPA, 
dated November 16, 2004, and letter from Elaine Chang, SCAQMD, to 
Dave Jesson, USEPA, dated September 17, 2004.
    \20\ Letter from Elaine Chang, SCAQMD, to Bob Fletcher, ARB, 
dated August 18, 2004.
---------------------------------------------------------------------------

c. SCAQMD Rule 1186--PM10 Emissions From Paved and Unpaved 
Roads, and Livestock Operations
    SCAQMD Rule 1186 establishes controls to reduce dust from traffic 
on paved and unpaved roads, from hay grinding activities, and from 
access connections and feed lane at livestock operations. The rule 
includes requirements for purchase of PM10 efficient street 
sweepers; removal of material on roadways; curbing; treatment of 
medians; and paving, stabilization, and/or speed restrictions for 
unpaved roads. SCAQMD originally adopted Rule 1186 in 1997, and amended 
the rule in 1998, and 1999. On February 17, 2000 (65 FR 8057), we 
approved Rule 1186 as it was last amended in 1998.
    On April 2, 2004, the SCAQMD adopted strengthening and clarifying 
amendments to the rule. The more significant changes include: extending 
street cleaning requirements to Coachella Valley and implementing 
requirements for improved road shoulders.
d. Coachella Valley Local Ordinances
    On February 16, 1995, the State submitted for SIP approval the 
following fugitive dust ordinances adopted by the following Coachella 
Valley jurisdictions on the dates shown in parentheses: City of 
Cathedral City Ordinance No. 377 (2/18/93), City of Coachella Ordinance 
No. 715 (10/6/93), City of Desert Hot Springs Ordinance No. 93-2 (5/18/
93), City of Indian Wells Ordinance No. 313 (2/4/93), City of Indio 
Ordinance No. 1138 (3/17/93), City of La Quinta Ordinance No. 219 (12/
15/92), City of Palm Desert Ordinance No. 701 (1/14/93), City of Palm 
Springs Ordinance No. 1439 (4/21/93), City of Rancho Mirage Ordinance 
No. 575 (8/5/93), and County of Riverside Ordinance No. 742 (1/4/94). 
On December 9, 1998 (63 FR 67784), we approved all of these ordinances.
    These ordinances were based on a model fugitive dust control 
ordinance developed by the Coachella Valley Association of Governments 
(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.
    Again working in cooperation with CVAG and SCAQMD, all of the 
jurisdictions recently developed a more stringent model ordinance and 
then adopted new replacement ordinances based on the model. The revised 
ordinances improve in numerous ways the effectiveness of controls on 
construction emissions and enhance the jurisdictions' various programs 
for reducing reentrained dust emissions.
    On November 16, 2004, CARB submitted the following new and improved 
ordinances as replacements for the previously approved SIP provisions: 
City of Cathedral City Ordinance No. 583 (adopted 1/14/04), City of 
Coachella Ordinance No. 896 (10/8/03), City of Desert Hot Springs 
Ordinance No. 2003-16 (10/7/03), City of Indian Wells Ordinance No. 545 
(11/6/03), City of Indio Ordinance No. 1357 (12/3/03), City of La 
Quinta Ordinance No. 391 (12/2/03), City of Palm Desert Ordinance No. 
1056 (11/13/03), City of Palm Springs Ordinance No. 1639 (11/5/03), 
City of Rancho Mirage Ordinances No. 855 (12/18/03) and No. 863 (4/29/
04), and County of Riverside Ordinance No. 742.1 (1/13/04).
2. Proposed Action on Regulations and Ordinances
    The revisions to Rules 403, 403.1, and 1186 and the Coachella 
Valley fugitive dust ordinances strengthen the SIP-approved rules and 
ordinances. The rules and ordinances continue to contain adequate 
enforcement provisions for ensuring compliance by regulated facilities 
and the rules deliver emission reductions consistent with the South 
Coast and Coachella Valley

[[Page 43670]]

progress and attainment requirements. Prior versions of these rules and 
ordinances were previously determined to meet the BACM and MSM 
provisions, and the rules and ordinances, as now strengthened, continue 
to meet applicable CAA subpart 2 provisions.
    As noted above, the SCAQMD has requested that we not approve 
certain provisions of the rules and accompanying handbooks. With these 
exceptions, we are proposing to approve SCAQMD Rules 403, 403.1, and 
1186, including the rule handbooks (Rule 403 Implementation Handbook, 
Rule 403 Coachella Valley Agricultural Handbook, and Rule 403.1 
Implementation Handbook), as amended on April 2, 2004, and the 
Coachella Valley fugitive dust ordinances under CAA section 110(k)(3), 
as submitted on November 16, 2004, as meeting the provisions of CAA 
sections 110(a), 188(e), and 189(b)(1)(B).
    Finally, we are proposing to conclude that the 2003 South Coast 
AQMP and the 2003 Coachella Valley Plan continue to meet BACM and MSM 
control measure requirements under CAA sections 188(e) and 
189(b)(1)(B), through fully adopted regulations and ordinances and (in 
the case of the South Coast) a very limited number of near-term 
commitments to adopt additional measures.

D. Contingency Measures

    The CAA 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. In response to this 
provision, the 2003 South Coast AQMP includes two updated contingency 
measures: CTY-01--Accelerated Implementation of Control Measures, and 
CTY-14--Emission Reductions from Miscellaneous Sources (Weed 
Abatement). These measures are discussed at length in Appendix IV-A, 
Section 2, pages IV-122 through IV-133. CTY-01 includes Table 4 (page 
IV-126) displaying the scheduled control measures whose implementation 
could be accelerated as part of the contingency measure implementation. 
Both measures have the potential to achieve significant further 
reductions in PM-10 and its precursors and may be implemented quickly 
to cure a SIP shortfall. Upon final federal approval, these contingency 
measures would supersede and replace the contingency measures in the 
2002 SIP for the South Coast.
    In addition to these contingency measures, the 2003 South Coast 
AQMP projects a level of excess control for years beyond 2006 for 
NOX and VOC, two of the major secondary precursors to PM-10 
in the South Coast. This safety margin is due to the future year 
benefits of measures already adopted in regulatory form by October 31, 
2002, the cutoff date for the inventories in Appendix III, Attachment 
A. The extent of this cushion, which is primarily the result of fleet 
turnover to meet the State's stringent mobile source emission 
standards, is shown below in Table 3--``Emissions of PM-10 Precursors 
in the South Coast.''

                           Table 3.--Emissions of PM-10 Precursors in the South Coast
                              [Emissions are shown in average annual tons per day]
----------------------------------------------------------------------------------------------------------------
                                                  2006  Table A-  2007  Table A-  2008  Table A-  2010  Table A-
                    Precursor                            7               8               9              10
----------------------------------------------------------------------------------------------------------------
NOX.............................................             950             912             873             780
VOC.............................................             698             672             658            630
----------------------------------------------------------------------------------------------------------------
Source: 2003 South Coast AQMP, Appendix III, Attachment A.

Assuming that the 2006 levels are consistent with attainment of the PM-
10 NAAQS, the declining total basinwide inventory of NOX and 
VOC show additional reductions beyond those needed to maintain the 
NAAQS. Thus, for the year 2008, projected emissions of NOX 
are 77 tpd below the attainment level, and projected emissions of VOC 
are 40 tpd below the attainment level.

    We propose to approve the SCAQMD's contingency measure provisions 
under CAA section 110(k)(3) as meeting the requirements of CAA section 
172(c)(9). Specifically, we are proposing to approve contingency 
measures CTY-01--Accelerated Implementation of Control Measures, and 
CTY-04--Control of Emissions from Miscellaneous Sources (Weed 
Abatement), as set forth in Section 2 of Appendix IV-A to the 2003 
South Coast AQMP.
    There are no new contingency measures in the 2003 Coachella Valley 
Plan. Therefore, the contingency provisions in the 2002 SIP for 
Coachella Valley (see 67 FR 77209) remain applicable.

E. Reasonable Further Progress (RFP) and Milestones

    The plans must include quantitative milestones which are to be 
achieved every 3 years until the areas are redesignated to attainment, 
and which demonstrate RFP, as defined in CAA section 171(1), until the 
area reaches attainment. CAA sections 172(c)(2) and 189(c).
1. South Coast
    The 2003 South Coast AQMP includes projected levels of controlled 
emissions, based on fully adopted regulations and enforceable schedules 
for implementation of the control measure commitments. The resulting 
emissions levels are shown in Table 4--``South Coast PM-10 Reasonable 
Further Progress Milestones.'' Using the approaches discussed in 
Section II.F.1 below, the SCAQMD modeled the emissions levels for 2006 
to demonstrate that both the 24-hour and annual PM-10 NAAQS will be 
attained when emissions are reduced to the levels shown for 2006.

   Table 4.--South Coast PM-10 Reasonable Further Progress Milestones
          [Emissions are shown in average annual tons per day]
------------------------------------------------------------------------
                   Pollutant                        2003         2006
------------------------------------------------------------------------
PM-10.........................................          292          292
NOX...........................................        1,048          935
SOX...........................................           58           57
VOC...........................................          804         673
------------------------------------------------------------------------
Source: 2003 South Coast AQMP, Table 6-1.

    We propose to approve this milestone schedule as meeting the 
requirements of CAA section 189(c), since the schedule reflects 
expeditious implementation of BACM and expeditious attainment of the 
24-hour and annual PM-10 NAAQS. These triennial progress milestones are 
the principal progress component, but the 2003 South Coast AQMP also 
provides additional information regarding interim year reductions. See, 
for example, Table 2 above, Table A-6 of Appendix III, and the 2005 
milestone year reduction schedule for the 1-hour ozone component of the 
plan (Table 6-

[[Page 43671]]

3b). We therefore propose to conclude that the 2003 South Coast AQMP 
also meets the RFP provision of CAA section 172(c)(2).
2. Coachella Valley
    The 2003 Coachella Valley Plan includes projected levels of 
controlled emissions, based on fully adopted regulations and 
enforceable schedules for implementation of the 2002 SIP's control 
measure commitment. The resulting emissions levels are shown in Table 
5--``Coachella Valley PM-10 Reasonable Further Progress Milestones.'' 
Using the approaches discussed in Section II.F.2 below, the SCAQMD 
modeled the emissions levels for 2006 to demonstrate that both the 24-
hour and annual PM-10 NAAQS will be attained when emissions are reduced 
to the levels shown for 2006.

 Table 5.--Coachella Valley PM-10 Reasonable Further Progress Milestones
       [PM-10 emissions are shown in average annual tons per day]
------------------------------------------------------------------------
                            2003                                 2006
------------------------------------------------------------------------
30.32......................................................       29.09
------------------------------------------------------------------------
Source: 2003 Coachella Valley Plan, Tables 2-9 and 2-7.

    We propose to approve this schedule as meeting the RFP and 
milestone requirements of CAA section 189(c)(1), since the schedule 
reflects expeditious implementation of BACM and expeditious attainment 
of the 24-hour and annual PM-10 NAAQS. Specifically, we are proposing 
to approve the milestone provisions in Tables 2-9 and 2-7 of the 2003 
Coachella Valley Plan. Because the reductions needed for attainment 
between the 2003 and 2006 milestones are small (1.23 tons per day), we 
believe that interim year reduction estimates are not necessary or 
meaningful, and we conclude that the plan meets the requirements of CAA 
section 172(c)(2) relating to RFP.

F. Attainment Demonstration

    The plans must provide detailed demonstrations (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. CAA section 189(b)(1)(A). In the 
case of the South Coast and Coachella Valley, the attainment 
demonstration must analyze both the 24-hour and annual NAAQS, since the 
areas have historically violated both NAAQS.
1. South Coast
    In the 2003 South Coast AQMP, SCAQMD primarily relied on UAMAERO-LT 
modeling approach to assess control scenarios and to determine 
attainment of the PM-10 NAAQS. The 2003 South Coast AQMP also employed 
linear rollback of speciated particulate at 5 representative sites in 
the basin.\21\ Finally, a weight-of-evidence (WOE) assessment was used 
for basin grids where high concentrations were predicted. The inputs 
and application of the models and the WOE analyses are described in 
Chapter 2 of Appendix V (Modeling and Attainment Demonstrations) of the 
2003 South Coast AQMP.
---------------------------------------------------------------------------

    \21\ Under the District's PM10 Technical Enhancement Program 
(PTEP), SCAQMD has been measuring speciated particulate matter at 
the following sites: Anaheim, Diamond Bar, Fontana, Los Angeles, and 
Rubidoux. Information about the PTEP program may be found in 
Appendix V to the 1997 South Coast AQMP and 2003 South Coast AQMP.
---------------------------------------------------------------------------

    The modeling results for 1995, 2006, and 2010 are presented in 
Chapter 5 (Figure 5-1 shows maximum annual concentrations and Figure 5-
2 shows maximum 24-hour concentrations), and on pages V-2-49 to V-2-58 
of Appendix V. The modeling predicts that the peak annual concentration 
in 2006 with implementation of controls will be 50 [mu]g/m\3\, compared 
to the 50 [mu]g/m\3\ annual PM-10 NAAQS. The modeling predicts that the 
peak 24-hour concentration in 2006 with controls will be 150 [mu]g/
m\3\, compared to the 150 [mu]g/m\3\ 24-hour PM-10 NAAQS.
    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.\22\ 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 2003 South Coast AQMP 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 both the 24-hour and annual PM-10 NAAQS.
---------------------------------------------------------------------------

    \22\ Over the years, EPA has issued some recommendations on PM-
10 modeling, including those codified at 40 CFR part 51, appendix W, 
7.2.1 and 7.2.2, and those set forth in the PM-10 SIP Development 
Guideline (USEPA 450/2-860001, 6/87). Although we do not set minimum 
performance goals or require model performance evaluation for PM-10 
modeling, SCAQMD included a performance evaluation for the UAMAERO-
LT by grid cell and monitoring site and also a performance 
evaluation at each of the 5 PTEP sites for sulfate, nitrate, 
ammonium, organic carbon, elemental carbon, and primary PM-10 
(Appendix V, pages V-2-31 to V-2-47).
---------------------------------------------------------------------------

    The SCAQMD's modeling shows that the level of emissions after 
implementation of the proposed set of control strategies would result 
in 2006 ambient concentrations within the South Coast in attainment of 
both the 24-hour and annual PM-10 NAAQS. We therefore conclude that the 
air quality modeling and attainment demonstration contained in the 2003 
South Coast AQMP, Chapter 5 and Appendix V, Chapter 2, are consistent 
with existing EPA guidance, and we propose to approve the attainment 
demonstration under CAA section 189(b)(1)(A).
2. Coachella Valley
    In the 2003 Coachella Valley Plan as with the 2003 South Coast 
AQMP, SCAQMD primarily relied on UAMAERO-LT modeling approach to assess 
control scenarios and to determine attainment of the annual PM-10 
NAAQS. The 2003 Coachella Valley Plan also employed linear rollback of 
each of the significant primary source categories as part of the 
demonstration of attainment of the 24-hour PM-10 NAAQS. The attainment 
demonstration is presented in Chapter 3. The predicted peak 
concentration is 49.6 [mu]g/m\3\ for the annual NAAQS and 141.6 [mu]g/
m\3\ for the 24-hour NAAQS.\23\
---------------------------------------------------------------------------

    \23\ The SCAQMD excercised its option to increase the estimated 
2006 paved road dust emissions in the attainment demonstration to 
provide a safety margin in the motor vehicle emissions budget, 
resulting in predicted maximum concentrations of 50.4 [mu]g/m\3\ and 
144.3 [mu]g/m\3\ (Table 3-3).
---------------------------------------------------------------------------

    The modeling thus shows that the level of emissions after 
implementation of the proposed set of control strategies would result 
in 2006 ambient concentrations within the Coachella Valley in 
attainment of both the 24-hour and annual PM-10 NAAQS. We therefore 
conclude that the air quality modeling and attainment demonstration 
contained in the 2003 Coachella Valley Plan, Chapter 3, are consistent 
with existing EPA guidance, and we propose to approve the attainment 
demonstration under CAA section 189(b)(1)(A).

G. Motor Vehicle Emission Budgets

    Rate of progress and attainment demonstration submittals must 
specify the maximum emissions of transportation-related precursors of 
PM-10 allowed in each milestone year and the attainment year and 
demonstrate that 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''

[[Page 43672]]

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 the budgets 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(e)(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.\24\
---------------------------------------------------------------------------

    \24\ The conformity regulations provide that, for purposes of 
budgets and conformity determinations, the applicable pollutants are 
bOC, NOx, and PM-10 if the applicable implementation plan 
establishes a budget for such emissions as part of the RFP, 
attainment, or maintenance strategy, or EPA has made such a finding. 
40 CFR 91.102(b)(2)(111). Thus, although the SCAMQD has set RFP and 
attainment reductions for SOx, the conformity regulations do not 
allow for SOx budgets. The conformity regulations require that, in 
PM-10 areas with SIPs which identify construction-related fugitive 
PM--10 as a contributor to the nonattainment problem, the PM-10 
budget and conformity analysis must include fugitive, PM-10 
emissions associated with the construction of highway and transit 
projects. 40 CFR 93.122(d)(2)
---------------------------------------------------------------------------

    The motor vehicle emissions budgets for the South Coast are 
presented in Table 6 below, entitled ``South Coast PM-10 Plan Motor 
Vehicle Emissions Budgets,'' which is taken from ``2003 South Coast 
AQMP On-Road Motor Vehicle Emissions Budgets,'' an attachment to CARB's 
SIP submittal. The motor vehicle emissions budgets for the Coachella 
Valley are presented in Table 7 below, entitled ``Coachella Valley PM-
10 Plan Motor Vehicle Emissions Budgets,'' which is taken from ``2003 
Coachella Valley PM-10 SIP On-Road Motor Vehicle Emissions Budgets,'' 
an attachment to CARB's SIP submittal.
    EPA has previously determined that these budgets are adequate (see 
69 FR 15325, March 25, 2004), following posting of the budgets on EPA's 
conformity Web site: http://www.epa.gov/otaq/transp/conform/
reg9sips.htm.

    Table 6.--South Coast PM-10 Plan Motor Vehicle Emissions Budgets
          [Emissions are shown in annual average tons per day]
------------------------------------------------------------------------
                   Year                       PM-10      NOX       VOC
------------------------------------------------------------------------
2003......................................       168       635       311
2006......................................       166       549       251
------------------------------------------------------------------------


  Table 7.--Coachella Valley PM-10 Plan Motor Vehicle Emissions Budgets
          [Emissions are shown in annual average tons per day]
------------------------------------------------------------------------
                            Year                                PM-10
------------------------------------------------------------------------
2003.......................................................         12.3
2006.......................................................         10.9
------------------------------------------------------------------------

    The 2003 Coachella Valley Plan provides additional information on 
the budgets in Chapter 2 (pages 2-9 through 2-12) and Chapter 3 (pages 
3-3 through 3-4), where the safety margin in the 2006 budgets is 
explained. In Section II.B.2., we propose to approve committal measure 
TCB-01--Transportation Conformity Budget Backstop Measure, which is 
designed to ensure that motor vehicle emissions remain consistent with 
the South Coast PM-10 budget and continued attainment of the PM-10 
NAAQS in the South Coast through the years 2020 and 2030.
    As discussed above in Section II.A., Emission Inventories, the 
motor vehicle emissions portions of these budgets (i.e., the 
evaporative and tailpipe emissions) were developed using the EMFAC2002 
motor vehicle emissions factors, along with activity levels reflecting 
current information provided by SCAG.
    We propose to approve the motor vehicle emission budgets shown in 
Tables 6 and 7 as consistent with CAA section 176(c)(2)(A) and the 
adequacy criteria of 40 CFR 93.118(e)(4), including consistency with 
the baseline emissions inventories, the motor vehicle control measure 
emission reductions used in the progress and attainment demonstration, 
and the reductions needed for continued attainment of the standard 
after the attainment deadline.

III. Summary of EPA's Proposed Action

    We are proposing to approve revisions to SCAQMD Rules 403 (except 
for subdivision h), 403.1 (except for subdivision j), and 1186 
regulating fugitive dust emissions; revisions to the implementation 
handbooks for the rules (Rule 403 Implementation Handbook, Chapters 5, 
7, and 8; Rule 403 Coachella Valley Agricultural Handbook; Rule 403.1 
Implementation Handbook, Chapters 2, 3, 4, and 7); and revisions to the 
fugitive dust ordinances for 10 Coachella Valley jurisdictions. These 
revisions update, improve, strengthen, and supplement the SIP 
provisions for control of PM-10 and PM-10 precursors in the two areas.
    We are proposing to approve 2003 plan amendments to the 2002 SIPs 
for the South Coast and Coachella Valley serious nonattainment areas, 
as the plan amendments pertain to CAA provisions applicable to 
attainment SIPs for the 24-hour and annual PM-10 NAAQS. Specifically, 
we are proposing to approve under section 110(k)(3) the PM-10 portions 
of the 2003 South Coast AQMP and the 2003 Coachella Valley Plan with 
respect to the CAA requirements for emissions inventories under section 
172(c)(3); control measures, as meeting the requirements of sections 
110(a), 188(e), and 189(b)(1)(B); RFP under section 189(c)(1); 
contingency measures under section 172(c)(9); demonstration of 
attainment under section 189(b)(1)(A); and motor vehicle emissions 
budgets under section 176(c)(2)(A).
    We show the proposed plan approvals in Table 8--``Proposed 
Approvals of South Coast and Coachella Valley PM-10 Attainment Plan 
Submittals.''

[[Page 43673]]



        Table 8.--Proposed Approvals of South Coast and Coachella Valley PM-10 Attainment Plan Submittals
----------------------------------------------------------------------------------------------------------------
                                                                                  Plan citation
             CAA section                      Provision        -------------------------------------------------
                                                                      South Coast            Coachella Valley
----------------------------------------------------------------------------------------------------------------
172(c)(3)............................  Emission Inventories...  2003 South Coast AQMP,   2003 Coachella Valley
                                                                 Chapter 3 (Tables 3-1A   Plan, Tables 2-2, 2-3,
                                                                 and 3-3A); Appendix      2-4, and 2-5.
                                                                 III (Tables A-1, A-2,
                                                                 A-3, A-5, and A-7);
                                                                 and Appendix V
                                                                 (Attachment 4).
110(a), 188(e), and 189(b)(1)(B).....  Control Measures.......  Table 1 (derived from    No new measures.
                                                                 2003 South Coast AQMP,
                                                                 Appendix IV-A) and
                                                                 Table 2 (derived from
                                                                 2003 South Coast AQMP,
                                                                 Table 4-8A).
172(c)(2), 189(c)(1).................  Reasonable Further       2003 South Coast AQMP,   Table 5 (derived from
                                        Progress.                Table 6-1.               2003 Coachella Valley
                                                                                          Plan, Tables 2-9 and 2-
                                                                                          7).
172(c)(9)............................  Contingency Measures...  2003 South Coast AQMP,   No new measures.
                                                                 Appendix IV-A, Section
                                                                 2 (CTY-01, CTY-04, TCB-
                                                                 01).
189(b)(1)(A).........................  Attainment               2003 South Coast AQMP,   2003 Coachella Valley
                                        Demonstration.           Chapter 5; Appendix V,   Plan, Chapter 3.
                                                                 Chapter 2.
176(c)(2)(A).........................  Motor Vehicle Emissions  Table 6 (derived from    Table 7 (derived from
                                        Budgets.                 ``2003 South Coast       ``2003 Coachella
                                                                 AQMP On-Road Motor       Valley PM-10 SIP On-
                                                                 Vehicle Emissions        Road Motor Vehicle
                                                                 Budgets'').              Emissions Budgets'').
----------------------------------------------------------------------------------------------------------------

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 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 proposes to approve 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 (Pub. L. 104-4).
    This proposed 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 in 40 CFR Part 52

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

    Dated: July 17, 2005.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 05-14931 Filed 7-27-05; 8:45 am]
BILLING CODE 6560-50-P