Background
The federal Clean Air Act (Act) establishes planning requirements for areas that exceed the health-based National Ambient Air Quality Standards (standards). States with nonattainment areas must develop and implement a SIP that demonstrates attainment of the standard by specified dates and meets other requirements of the Act. In particular, the Act specifies that SIPs must also provide for contingency measures, defined in section 172(c)(9) as “specific measures to be undertaken if the area fails to make reasonable further progress, or to attain the national primary ambient air quality standard by the attainment date….”
Seven areas in California are designated as Severe and Extreme nonattainment for the 75 parts per billion (ppb) 8-hour ozone standard, and ten areas in California are designated as Moderate, Serious, Severe, or Extreme nonattainment for the 70 ppb 8-hour ozone standard. Additionally, several areas are designated as nonattainment for the 80 ppb 8- hour ozone, 12 micrograms per cubic meter (µg/m3) annual fine particulate matter (PM2.5), 15 µg/m3 annual PM2.5, and 35 µg/m3 24- hour PM2.5 standards. For these standards, nonattainment areas were also required to submit SIP revisions including contingency measures, and other applicable requirements of the Act, by specified deadlines.
CARB staff worked with local air districts over the last several years to prepare contingency measure SIP revisions as required by the Act that were adopted and submitted to U.S. EPA following applicable U.S. EPA guidance available at the time. However, U.S. EPA has since made additional determinations as to what contingency measures require. As such, further analysis and measures from CARB and local air districts are needed to fulfill contingency measure requirements for many nonattainment areas and standards.
California has mature emissions control programs. CARB is currently driving most mobile source categories to zero-emissions through regulations, incentives, and other programs; the few mobile source categories that remain are primarily federally regulated. As such, opportunities for triggered contingency measures are scarce. CARB staff worked to identify a viable contingency measure to align with requirements under the Act and have developed this proposed Measure to address these requirements.
If a nonattainment area fails to attain or meet a reasonable further progress milestone, the proposed Measure would be triggered and change the existing smog check inspection exemption period in California’s Smog Check Program. Currently, motor vehicles eight model years and newer are exempt from a biennial smog check inspection in California. If triggered, the proposed Measure would change the exemption from eight model years and newer to seven model years and newer.
Inquiries regarding this matter should be directed to Kirsten Ho, Air Pollution Specialist, South Coast Air Quality Planning Section, or Ariel Fideldy, Manager, South Coast Air Quality Planning Section.
Written Comment Period & Comment Submittal
CARB staff recommends that the Board adopt the proposed Measure and direct staff to submit the Measure, and California Health and Safety Code section 44011, subdivisions (a)(4)(A) and (a)(4)(B), to U.S. EPA as a revision to the California SIP. CARB staff will present a written report at the meeting. Copies of the report may be obtained from CARB’s website. Interested members of the public may present comments orally or in writing during the meeting and may provide comments by postal mail or by electronic submittal before the meeting. To be considered by the Board, written comments not submitted during the meeting, must be received no later than October 16, 2023, and addressed to one of the following:
Clerks' Office, California Air Resources Board
1001 I Street, Sacramento, California 95814
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
|
