BOARD MEETING DATE: January 8, 2010
AGENDA NO. 28

PROPOSAL:

Approve PM10 Attainment Redesignation Requests and Adopt Maintenance Plans for South Coast Air Basin and Coachella Valley Portion of Salton Sea Air Basin

 

SYNOPSIS:

PM10 concentrations in the South Coast Air Basin and Coachella Valley portion of the Salton Sea Air Basin have met the PM10 24-hour federal standard for more than three consecutive years. This action is to request U.S. EPA to consider AQMD’s petition to redesignate both areas attainment for the federal 24-hour average PM10 standard. As required for redesignation requests, this action is also submitting PM10 Maintenance Plans for the Basin and Coachella Valley to ARB for inclusion in the SIP.

COMMITTEE:

Mobile Source, July 24, 2009, Reviewed

RECOMMENDED ACTIONS:

1. Adopt the attached resolution:
   a. Certifying the CEQA Notice of Exemption;

b. Approving the PM10 Redesignation Request for the South Coast Air Basin and Adopting the PM10 Maintenance Plan;

c. Approving the PM10 Redesignation Request for the Coachella Valley Portion of the Salton Sea Air Basin and Adopting the PM10 Maintenance Plan; and

2. Direct staff to forward the PM10 Redesignation Requests and Maintenance Plans to CARB for approval and submission as part of the SIP.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The South Coast Air Basin (Basin) and the Coachella Valley portion of the Salton Sea Air Basin (Coachella Valley) are currently designated as a serious nonattainment area for 24-hour average PM10. 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 allows for one exceedance of the 24-hour average PM10 standard per year averaged over a three consecutive calendar year period measured at each monitoring site within an area based on quality assured Federal Reference Method (FRM) air quality monitoring data.

The Basin has not violated the federal 24-hour PM10 standard (150 µg/m³) at District FRM air quality monitoring sites during the period including 2004 through 2007. The Coachella Valley has not violated the federal 24-hour PM10 standard at District FRM air quality monitoring sites during the period including 1998 through 2007. Analysis of the District monitoring data indicates that neither the Basin nor Coachella Valley has violated the 24-hour PM10 standard in 2008.

Figure 1 depicts the recent trend of Basin maximum 24-hour average concentrations, excluding exceptional events, for the period 2004 through 2008. Prior to 2006, elevated PM10 events have been associated with high wind driven dust storms, and wildfires were not flagged for exclusion from the NAAQS. Since 2006, dust storms, wildfires and fireworks impacted observations have been flagged, documented and excluded from NAAQS determination under U.S. EPA’s Exceptional Events Policy.

Figure 1

Basin Maximum 24-Hour Average PM10 Concentrations: 2004 through 2008

Figure 2 depicts the recent trend of Coachella Valley maximum 24-hour average concentrations, monitored at District FRM sites excluding exceptional events, for the period 1998 through 2008. Since 1998, elevated PM10 events associated with high wind driven dust storms, thunderstorm micro-bursts and wildfires have been flagged, documented and excluded from NAAQS determination under U.S. EPA’s Exceptional Events regulation (40 CFR 50.14) and preceding Natural Event Policy.

Figure 2

Coachella Valley Maximum 24-Hour Average PM10 Concentrations: 2004 through 2008

Per the criteria specified in the NAAQS, the Basin has been in compliance with the 24-hour PM10 standard from 20006 (based on 19982004-20006 data) and has maintained compliance since, and the Coachella Valley has been in compliance with the standard from 2000 (based on 1998-2000 data) and has maintained compliance since. More specifically, these redesignation requests are based on the three-year period of PM10 monitoring data including 2005, 2006 and 2007.

Clean Air Act Criteria for Redesignation

Section 107 (d)(3)(E) of the CAA requires the U.S. EPA administrator to make five findings prior to granting a request for redesignation: 

1. The U.S. EPA has determined that the NAAQS have been attained.

2. The applicable implementation plan has been fully approved by U.S. EPA under section 110(k).

3. The U.S. EPA has determined that the improvement in air quality is due to permanent and enforceable reductions in emissions.

4. The State has met all applicable requirements for the area under Section 110 and Part D.

5. The U.S. EPA has fully approved a maintenance plan, including a contingency plan, for the area under Section 175A.

Tribal PM10 Monitoring

While the District certified FRM PM10 data indicate no violations of the federal 24-hour average standard, one independent Beta Attenuation Monitor (BAM) continuous monitor operated by the Torrez Martinez Tribal Nation, located at their community center in the southern portion of the Coachella Valley monitor, experienced violations during their initial operational year 2007. The District contends that the data from the Torrez Martinez monitor should not be considered in the attainment evaluation since the instrument was wrongly sited on a dirt parking lot void of vegetation that is subject to reentrained fugitive dust from vehicles traveling over the parking lot. The location of the PM10 monitoring site is in direct conflict with federal PM10 siting criteria specified in the Code of Federal Regulations. 40 CFR Part 58, Appendix E (3)(a) specifically states that “Particulate matter sites should not be located in an unpaved area unless there is vegetative ground cover year round, so that the impact of wind blown dusts will be kept to a minimum.”

U.S. EPA has stated that Torres Martinez data has been submitted to its Air Quality System (AQS) and that the violations observed at the community center site will prohibit their finding the Coachella Valley compliant with the NAAQS. The District has no jurisdiction in the tribal lands and did not participate in the monitoring or quality assurance of the data. PM10 data from the monitoring site was only acquired for roughly two thirds of 2007. The BAM PM10 monitoring failed to meet completeness requirements in the first and fourth quarters of the year. The monitor was taken off-line for maintenance and repairs beginning November of 2007 and continued offline through the end of the year. In addition, after review of the data, serious concerns exist about the degree of quality assurance applied and the absence of screening for and flagging of exceptional events.

District staff has reviewed the monitor siting and contends that the data from the site should not be included in the regional attainment assessment.

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 October 30, 2010 in preparation for five regional hearings on December 15 through 18, 2010. The hearings were held in Anaheim, Carson, Rialto, Riverside and Palm Desert. Mr. Stephen Pougnet, Mayor of Palm Springs and Chairman of the Coachella Valley Association of Governments (CVAG) read a letter of support strongly endorsing the request for redesignation of the Coachella Valley as attainment for the federal 24-hour PM10 standard. A copy of the letter is attached.

Staff routinely consulted the Southern California Association of Governments (SCAG), the California Air Resources Board (CARB) and U.S. EPA regarding the development of the request and draft plan. CARB and SCAG staff was very supportive and helped develop the transportation conformity budgets. In addition staff met with U.S. EPA and Torrez Martinez tribal officials at their community center on March 5, 2009 to observe the monitoring site and discuss the sampling program.

Proposal

The Basin and Coachella Valley meet the criteria specified for designation as attainment for the federal 24-hour average PM10. District certified 24-hour average FRM PM10 data confirms that the NAAQS has been satisfied. U.S. EPA approved the Basin and Coachella Valley PM10 SIPs citing that the improvement in air quality was due to permanent and enforceable reductions in emissions. Analysis of the future baseline PM10 inventories for the Basin and Coachella Valley demonstrate that both areas will continue to demonstrate attainment of the standards, despite growth. The SIP requirements under Section 110 and Part D have been met. Finally, the redesignation requests contain maintenance plans including commitments to continue to monitor PM10 and ensure compliance with BARCT District rules, and contingency plans to assure continued compliance with the 24-hour standard for each air basin. Together, these elements directly address and satisfy the requirement of CAA Section 107 for designation of both the Basin and Coachella Valley attainment for 24-hour average PM10.

Staff proposes to submit the approved Requests for Redesignation of the Basin and the Coachella Valley and the adopted Maintenance Plans to CARB for their concurrence and approval and subsequent submittal to U.S. EPA for inclusion in the California SIP.

Comments and Issues

Per U.S. EPA’s request, PM10 continuous monitoring data have been included as part of the request for redesignation for 2007 to demonstrate the District’s capacity for daily monitoring to confirm continued compliance with the standard. As a component of the Request for Redesignation, the District will commit to designate selected samplers as Federal Equivalent Monitors (FEM) and the data will be forwarded to U.S. EPA’s AQS.

As an outcome of the review of the Draft Request for Redesignation and Maintenance Plans, U.S. EPA on December 7, 2009, requested through CARB, that the transportation conformity emissions budgets for the Basin and Coachella Valley presented in the maintenance plans solely reflect baseline emissions. The comments also stated that the updates to the PM10 attainment demonstrations and modeling attainment inventories should be based on baseline PM10 emissions inventories and for additional critical reporting years that bracket the beginning of the maintenance period and the expected horizon year.

Staff has incorporated the requested changes to the updated attainment demonstrations and attainment inventories. The analyses as presented in the Maintenance Plans are based on the future baseline emissions. The revised attainment demonstrations based on the baseline emissions inventories indicated that PM10 concentrations in both the Basin and Coachella valley will not exceed the federal 24-hour average standard. The PM10 transportation conformity emissions budget for the Draft Coachella Valley Maintenance Plan noticed on October 30, 2009 reflected baseline emissions and was not impacted by the modifications to the attainment demonstration or baseline inventory.

The PM10 transportation conformity emissions budget presented in the Draft Basin Maintenance Plan did however reflect future implementation of “new defined mobile source measures.” in the 2007 AQMP/SIP. While the revised attainment demonstration using the baseline emissions demonstrates future year compliance with the standard, the removal of the “new defined mobile source measures” from the proposed Basin transportation conformity emissions budget requires an additional 30 day noticing period before adoption. As a consequence, CARB has asked the District to remove the proposed Basin transportation conformity budgets from the Maintenance Plan. CARB will provide the transportation conformity emissions budget as a component of their notice of public hearings, 30 days prior to CARB Public Hearing (tentatively scheduled for the first quarter 2010).

U.S. EPA has stated that it will consider the request for Basin PM10 redesignation; however staff have also stated that they would likely deny the request for the Coachella Valley based on the Torres Martinez data. CARB and U.S. EPA staff made attempts to remove the Torres Martinez Tribal Lands from the Coachella Valley portion of the Salton Sea Air Basin however; the analysis was unable to solely isolate tribal lands as a contiguous entity.

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 PM10 NAAQS for at least ten years after the redesignation (not ten years after the redesignation submittal). CAA Section 107 (d)(3)(D) allows the U.S. EPA Administrator up to 18 months from receipt of a complete submittal to process a redesignation request. The maintenance plans require a maintenance demonstration, commitment to a future monitoring network, verification of continued attainment, a contingency plan, and provisions for contingency plan implementation. In accordance with U.S. EPA guidance, a revision to the PM10 Maintenance Plan for the subsequent ten year maintenance planning period will submitted to U.S. EPA prior to the horizon date (to be determined upon U.S. EPA approval of the maintenance plan).

Transportation Budgets

As part of the maintenance plans, the District must establish transportation budgets for on-road motor vehicles in the maintenance years. The transportation budgets are used for conformity determinations. The Coachella Valley maintenance plan is proposing a tiered approach whereby in the near-term (including 2010 through 2019), the budget would be set at the 2010 on-road motor vehicle emissions level of 13 tons per day (TPD). The budget for 2020 through 2029 is proposed at 16 TPD. The 2030 budget which serves as the budget for 2030 and all following years is proposed at 20 TPD. Future year maximum 24-hour average concentrations are not predicted to exceed the federal standard for the proposed transportation conformity budget.

As previously discussed, the proposed Basin transportation conformity budgets have been withdrawn from the Maintenance Plan. CARB will provide the transportation conformity emissions budget as a component of their notice of public hearings, 30 days prior to CARB Public Hearing (tentatively scheduled for the first quarter 2010).

Resource Impacts

The PM10 Redesignation Requests will have no additional impact on AQMD's resources. The PM10 Maintenance Plans are currently in practice by the AQMD. There may be benefits to stationary sources in the Basin 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 PM10 Attainment Redesignation Requests are an administrative process and the PM10 Maintenance Plans would impose no additional requirements than currently adopted regulations, 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 2007 AQMP Final EIR. 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 PM10 Redesignation Requests are consistent with the federal CAA. The PM10 Maintenance Plans are required as part of the SIP.  

Attachments (EXE, 9.5m)

1. CVAG Letter of Support

2. Resolution

3. PM10 Redesignation Request and Maintenance Plan for the South Coast Air Basin

4. PM10 Redesignation Request and Maintenance Plan for the Coachella Valley Portion of the Salton Sea Air Basin

5. Notice of Exemption