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BOARD MEETING DATE: March 4, 2005
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PROPOSAL:
SYNOPSIS:
COMMITTEE:
RECOMMENDED ACTION:
Barry R. Wallerstein, D.Env. Background The South Coast Air Basin (Basin) is currently designated as a serious nonattainment area for carbon monoxide (CO). Under the federal Clean Air Act (CAA), an area can be redesignated as attainment if, among other requirements, the U.S. Environmental Protection Agency (EPA) determines that the national ambient air quality standards (NAAQS) have been attained. The NAAQS provide for one exceedance of the 8-hour CO standard in two consecutive calendar years of quality assured air quality monitoring data. The Basin has not violated the federal 1-hour CO standard (35.0 ppm) for more than 25 years. The 8-hour CO standard (9.0 ppm) was not violated in 2001 or 2003 and was only violated on one day at one monitoring site in 2002. Preliminary analysis of the monitoring data indicates that the Basin did not violate the 8-hour CO standard in 2004. Per the criteria specified in the NAAQS, the Basin has been in compliance with the 8-hour CO standard since 2002 and has maintained compliance for the past two years. Public Process As required by state law, a 45-day notice is required before holding regional hearings on a Plan. A draft document was available for public review on January 21, 2005 in preparation for four regional hearings on February 15 and 16, 2005. The hearings were held in La Habra, Diamond Bar, Riverside and Rancho Cucamonga. Transcripts from these public hearings are attached to this board letter. In addition, staff consulted SCAG, CARB and EPA regarding the draft plan and a consultation meeting with other agencies was held in Diamond Bar on January 28, 2005. CARB, SCAG and AQMD staff worked cooperatively in establishing motor vehicle CO emissions conformity budgets for future years after attainment designation. These budgets will provide adequate safety margin for maintaining attainment while accounting for uncertainty in the implementation of transportation programs and the emission forecasts. Redesignation Options There are two options available to EPA to redesignate the Basin attainment: (1) find that the Clean Air Act (CAA) Section 107 criteria have been met, or (2) apply the federal Clean Data Policy. Section 107 of the CAA specifies that five criteria be met prior to granting redesignation. These include:
The Clean Data Policy requires:
A CO Maintenance Plan is also required under the Clean Data Policy. Proposal The Basin meets the criteria specified for applying the Clean Data Policy. First, the Basin attained the federal 8-hour average CO standard in 2002 and the standard has been maintained in each of the succeeding years. Second, the District maintains a dense network of 22 air monitoring stations that sample for CO on a continuous basis. Third, Basin CO emissions have decreased from the attainment year and are projected to continue to be reduced through 2015, the maintenance year. Figure 1 depicts the trend of Basin CO emissions for all anthropogenic source categories. The daily CO estimated emissions were determined from CARB's on and off-road emissions model (EMFAC2002) and SCAG's Regional Transportation Plan (RTP) as well as the 2003 AQMP emissions inventory. Projected emission reductions in 2015 will place the inventory at a level 29 percent lower than that in the attainment year 2002.
Figure 1 Basin Winter Planning CO Emissions Inventory (Tons Per Day) The Clean Data Policy has been successfully applied for redesignation requests for ozone and PM10 nonattainment areas. When applied to areas demonstrating attainment of the federal standard, the policy serves to satisfy the requirements that an applicable CO implementation plan has been fully approved by EPA under section 110(k) and that the State has met all applicable requirements for the area under Section 110 and Part D. As part of the 2003 Air Quality Management Plan, the District prepared a revision to the State Implementation Plan (SIP) to update the Basin CO Attainment Demonstration Plan. The 2003 CO Plan was submitted to CARB, which subsequently forwarded the plan as part the SIP revision to the EPA. EPA has not officially taken action on this Plan; therefore the Basin does not have a current, approved CO implementation plan. The CO Plan was previously revised in 1997 and granted a full and interim approval by EPA on April 21, 1998. The CO Plan lapsed on August 7, 1998, when an 18-month deadline requirement of the Federal Highway Designation Act specifying the state submit supporting documentation for the Interim Approval of a decentralized inspection and maintenance program and EPA approval of the plan expired. While the CO Plan has lapsed, regional air quality has improved to attain the federal 8-hour CO standard a result of enforceable emissions reductions and fleet turn-over. Maintenance Plan Section 107(d)(3)(E) of the CAA specifies that for an area to be redesignated as attainment, the EPA must approve a maintenance plan that meets the requirements of Section 175A. The purpose of the maintenance plan is to provide for the maintenance of the CO NAAQS for at least ten years after the redesignation (not ten years after the redesignation submittal). CAA Section 107 (d)(3)(D) allows the EPA Administrator up to 18 months from receipt of a complete submittal to process a redesignation request. To accommodate the EPA's review time and to be consistent with other District planning timelines, the maintenance plan will cover the period 2005 through 2015. The maintenance plan requires a maintenance demonstration, commitment to a future monitoring network, verification of continued attainment, a contingency plan, and provisions for contingency plan implementation. Under the "Clean Data Policy" the inclusion of contingency measures are not required. Motor Vehicle CO Emission Budgets As part of the maintenance plan, the District must establish a CO budget for motor vehicles in the maintenance year, 2015. The motor vehicle CO emissions budget is used for Basin conformity determinations. The maintenance plan is proposing a tiered approach whereby in the near-term (including 2005 through 2009), the budget would be set at the 2004 on-road motor vehicle emissions level of 2,888 ton per day (TPD). The long-term budget for 2010 through 2015 is proposed at the 2009 on-road motor vehicle emissions level of 2,137 TPD. Figure 2 illustrates this approach. The tiered approach to setting the motor vehicle CO emissions budget allows for flexibility in regional transportation planning by providing an emissions safety margin to account for uncertainties in on-road emissions estimations resulting from the introduction of revisions to SCAG's RTP and the CARB emissions factor model. The tiered approach provides for public health by selecting a near-term emissions threshold that is more than 15 percent lower than the CO attainment budget and a long-term threshold that does not interfere with attainment of the federal 1-hour ozone standard. Overall, the 2015 motor vehicle budget is 37 percent lower than the 2002 attainment year budget.
Figure 2 Proposed Tiered Motor Vehicle CO Emission Conformity Budgets, TPD Resource Impacts The CO Redesignation Request will have no additional impact on AQMD's resources. The CO Maintenance Plan is currently in place through existing state and local regulations. It is anticipated that there would be benefits to stationary sources in the Basin subject to federal NSR requirements once redesignation occurs. California Environmental Quality Act (CEQA) The SCAQMD has reviewed the proposed project pursuant to state CEQA Guidelines §15002(k)(1). Because the CO Attainment Redesignation Request is an administrative process and the CO Maintenance Plan would impose no additional requirements than currently required by the 2003 AQMP, it can be seen with certainty that there is no possibility that the proposed project in question has the potential to have a significant adverse effect on the environment beyond what was evaluated in the 2003 AQMP Final EIR. Further, CARBs CO emission estimates continue CO emission reductions through 2015. Thus, the proposed project is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) - Review for Exemption. A Notice of Exemption, in accordance with CEQA Guidelines §15062, has been prepared and will be filed with the county clerks immediately following the adoption of the proposed project. AQMP and Legal Mandates The CO Redesignation Request is consistent with the federal CAA. The CO Maintenance Plan is required as part of the SIP and the program description is consistent with EPA's guideline specified in the Clean Data Policy. Attachments (30,348 KB) Resolution ATTACHMENT A Resolution 05-__ A Resolution of the Governing Board of the South Coast Air Quality Management District (AQMD) approving the proposed Carbon Monoxide Redesignation Request and adopting the Carbon Monoxide Maintenance Plan. A Resolution of the Governing Board of the South Coast Air Quality Management District (AQMD) certifying that the proposed Carbon Monoxide Redesignation Request and Maintenance Plan are exempt from the requirements of the California Environmental Quality Act (CEQA). WHEREAS, the South Coast Air Quality Management District (AQMD) Governing Board has reviewed the proposed Carbon Monoxide Redesignation Request and Maintenance Plan and determined that it can be seen with certainty that there are no adverse environmental impacts and the plan is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), and a notice of exemption has been prepared pursuant to CEQA Guidelines Section 15062 and will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the approval of Carbon Monoxide Redesignation Request and the adoption of proposed Maintenance Plan; and WHEREAS, the US Environmental Protection Agency (EPA) has designated the South Coast Air Basin (Basin) as serious nonattainment for carbon monoxide (CO); and WHEREAS, the AQMD has certified air monitoring data demonstrating that the Basin attained the federal 8-hour standard in 2002 and has continued to maintain attainment in 2003 and through preliminary data evaluation, through 2004 as well; and WHEREAS, the AQMD maintains a comprehensive CO monitoring network throughout the Basin; and WHEREAS, AQMD and the California Air Resources Board (CARB) have committed, permanent enforceable CO emission reduction programs that will continue to reduce CO levels through 2015; and WHEREAS, AQMD has developed a CO Maintenance Plan that demonstrates current and future attainment of the federal CO standard, provides a CO emissions budget for the maintenance years 2005 through 2015, commits to continued CO monitoring, and demonstrates that future CO emissions reductions will ensure future compliance of the standard and commits to revising the Plan in 2013; and WHEREAS, 40 Code of Federal Regulations (CFR) Part 93 requires that motor vehicle CO emission budgets for certain criteria pollutants be specified in the SIP; and WHEREAS, 40 CFR Part 93.118(e)(4)(iv) requires a demonstration that motor vehicle CO emission budgets submitted to U.S. EPA are "consistent with applicable requirements for reasonable further progress, attainment, or maintenance (whichever is relevant to the given implementation plan submission);" and WHEREAS, pursuant to 40 CFR Part 93.118(e)(4)(v), the motor vehicle CO emissions budget must be consistent with and clearly related to the emissions inventory and the control measures in the submitted maintenance plan; and WHEREAS, AQMD staff has demonstrated that the Clean Data Policy requirements have been met; and WHEREAS, the AQMD staff conducted a interagency consultation meeting and four regional public hearings regarding the proposed Carbon Monoxide Redesignation Request and Maintenance Plan; and WHEREAS, the AQMD Governing Board has held a public hearing in accordance with all provisions of law; NOW, THEREFORE, BE IT RESOLVED, that the South Coast Air Quality Management District Governing Board finds that the motor vehicle emissions budgets contained in the plan are "consistent with and clearly related to the emissions inventory and the control measure in the submitted maintenance plan;" and BE IT FURTHER RESOLVED, that the South Coast Air Quality Management District Governing Board finds that the motor vehicle CO emission budgets in this plan are consistent with applicable requirements for maintenance, pursuant to 40 CFR Part 93.118(e)(4)(iv); and BE IT FURTHER RESOLVED, that the Governing Board of the South Coast Air Quality Management District hereby certifies the attached Notice of Exemption for the CO Resignation Request and CO Maintenance Plan, prepared pursuant to CEQA Guidelines 15002(k)(1) and 15061(b)(3) - Review for Exemption, and that it was presented to the AQMD Governing Board, whose members reviewed and considered the information therein prior to acting on the CO Redesignation Request and CO Maintenance Plan; and BE IT RESOLVED, that the Governing Board of the South Coast Air Quality Management District does hereby approve the CO Redesignation Request and adopt, pursuant to the authority granted by law, the CO Maintenance Plan and motor vehicle CO emission budgets, as set forth in the attached and incorporated herein by this reference. DATE: ______________
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Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the South Coast Air Quality Management District (SCAQMD) is the Lead Agency and will prepare a Notice of Exemption for the project identified above. Pursuant to the California Environmental Quality Act (CEQA), the SCAQMD is the Lead Agency and has reviewed the proposed project mentioned above pursuant to CEQA Guidelines §15002 (k)(1). Since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is exempt from the requirements of CEQA pursuant to state CEQA Guidelines §15061(b)(3). A Notice of Exemption has been prepared pursuant to CEQA Guidelines §15062 - Notice of Exemption. The Notice of Exemption will be filed with the county clerks of Los Angeles, Orange, Riverside and San Bernardino counties immediately following the adoption of the proposed project. Any questions regarding this Notice of Exemption should be sent to Michael Krause (c/o Planning, Rule Development & Area Sources) at the above address. Mr. Krause can also be reached at (909) 396-2706.
Date: February 9, 2005 Signature:
Reference: California Code of Regulations, Title 14
NOTICE OF EXEMPTION
Date Received for Filing Signature Signed upon certification
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