BOARD MEETING DATE: October 3, 2008
AGENDA NO. 17
PROPOSAL:
Request to Withdraw Portions of 2003 AQMP to Facilitate U.S. EPA’s Action on 1-Hour Ozone SIP
SYNOPSIS:
AQMD was informed by the U.S. EPA Region IX that certain actions related to the 2003 AQMP are needed in order to facilitate their action on the 2003 AQMP submitted to them for SIP approval in 2003. The actions include withdrawing the CO attainment demonstration, including the transportation budget contained therein. The CO transportation budget was superseded by the budget presented in the 2004 CO maintenance plan and the Basin continues to meet the federal air quality standard for CO. It is further necessary to withdraw Contingency Measure CTY-04 – Enhanced Oxygenated Fuels Content for CO, which was replaced by other contingency measures in the CO maintenance plan.
COMMITTEE:
Mobile Source, September 19, 2008, Reviewed
RECOMMENDED ACTIONS:
Direct the Executive Officer to submit a request to U.S. EPA authorizing withdrawal of the:
- CO attainment demonstration including the transportation conformity budget contained therein, from the 2003 AQMP.
- Contingency Measure CTY-04 – Enhanced Oxygenated Fuels Content for CO.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
The 2003 AQMP set out the goals and strategies for attaining the 1-hour ozone ambient air quality standard for the Basin by 2010. The 2003 AQMP was adopted by the Board August 1, 2003 and forwarded to U.S. EPA by CARB on January 9, 2004 for approval as an amendment to the SIP. Since that time, U.S. EPA revoked the 1-hour ozone standard and the District has adopted and submitted the 2007 AQMP to demonstrate attainment of the 8-hour ozone standard.
Under CAA section 110(k), U.S. EPA must act on plan submissions within 12 months from the time that it determines a plan submission is complete. U.S. EPA has not taken action on the 2003 AQMP, and as a result, a complaint was filed by the NRDC and an associated citizen group. This complaint sought to force U.S. EPA to act on the 2003 AQMP submission, as well as the 2003 State SIP and 2004 San Joaquin Valley SIP. The plaintiffs and U.S. EPA eventually reached a settlement agreement in the form of a consent decree which laid out the actions and timing of when U.S. EPA would finalize its findings on the 2003 AQMP and additional SIP submissions.
In 2001, the Basin met the federal 8-hour CO standards for the first time at all monitoring stations and requested redesignation in 2004. U.S. EPA officially redesignated the Basin in attainment for CO in May, 2007. Prior to this redesignation, an update to the CO attainment demonstration was submitted as part of the 2003 AQMP. In addition, the 2003 AQMP contains a CO transportation conformity budget as well.
To ensure compliance with the standards in future years, the CAA requires the District to submit maintenance plans at regular intervals. The District complies with this requirement by submitting updated maintenance plans when required. The initial CO maintenance plan was submitted as part of the CO redesignation request to U.S. EPA in 2004.
In order to make a determination on the 2003 AQMP and other SIP plans as specified in the consent decree, U.S. EPA staff has requested that the District withdraw certain elements of the 2003 AQMP submittal. Specifically, U.S. EPA has requested that the CO attainment demonstration and the transportation conformity budget for CO be withdrawn from the 2003 AQMP. U.S. EPA wants to ensure that its action on the 2003 AQMP does not include this transportation conformity budget which has been superseded by the approved budget presented in the 2004 CO maintenance plan. It is further necessary to withdraw Contingency Measure CTY-04 – Enhanced Oxygenated Fuels Content for CO, which was replaced by other contingency measures in the 2004 CO maintenance plan.
Proposal
In order to respond to U.S. EPA’s request to withdraw certain elements of the 2003 AQMP, AQMD staff is seeking Governing Board approval for the Executive Officer to submit a request to U.S. EPA authorizing withdrawal of the CO attainment demonstration plan and CO transportation conformity budget from the 2003 AQMP. The CO transportation conformity budget contained in the 2004 CO maintenance plan supersedes the one submitted as part of the 2003 AQMP. It is further necessary to withdraw Contingency Measure CTY-04 – Enhanced Oxygenated Fuels Content for CO, which was replaced by other contingency measures in the 2004 CO maintenance plan.