* public acceptability, including interests and concerns of community members;
   * pollutants reduced  -  NOx, or VOC or both;
   * any potential adverse environmental impacts; and.
   * potential for disparate environmental impacts (environmental justice).
2007 Ozone Plan, p. 6-3.
      The District also identified a number of source categories for which feasibility studies to refine the inventory and evaluate potential controls would be done. See 2007 Ozone Plan, Table 6-2. Updated information on the status of many of these feasibility studies can be found in the 2010 Ozone MCR, section 3.2 and the SJV 2008 PM2.5 Progress Report, section 2.2.
      The Plan also includes descriptions of the District's incentive programs (which target on-and off-road engine replacement with an emphasis on diesel engines), its innovative strategies program including its Fast Track emissions reductions measures, and public education efforts. See 2007 Ozone Plan, Chapters 7 and 8, 2010 Ozone MCR, Sections 5 and 6, and SJV 2011 PM2.5 Progress Report, section 2.3 and 2.4

                                   Table C-1
               San Joaquin Valley Air Pollution Control District
                   2007 Ozone Plan Specific Rule Commitments
                       Measure Number & Description
                             District Rule Number
                                 Adoption Date
                           Earliest Compliance Date
                               Reductions Start
S-GOV-1  Composting Biosolids
                                     4565
                                1[st] Q - 2007
                                     2008
                                     2008
S-AGR-1  Open Burning
                                     4103
                                 2[nd] Q -2007
                                     2007
                                     2007

                               2[nd] Q  -  2010
                                     2010
                                     2010
S-SOL-11  Solvents
4661/4662/4663
                               3[rd] Q  -  2007
                                     2010
                                     2010
S-COM-5  Stationary Gas Turbines
                                     4703
                               3[rd] Q  -  2007
                                     2010
                                     2012
S-IND-24  Soil Decontamination
                                     4651
                               3[rd] Q  -  2007
                                     2008
                                      NA
S-IND-6  Polystyrene Foam
                                     4682
                               3[rd] Q  -  2007
                                     2010
                                     2011
S-PET-1&2  Gasoline Storage & Transfer
                                     4623
                                     4624
                               4[th] Q  -  2007
                                     2009
                                     2009
S-PET-3  Aviation Fuel Storage
                                       --
                               3[rd] Q  -  2007
                                     2010
                                     2010
S-COM-1  Large Boilers
                                     4306
                                     4320
                               3[rd] Q  -  2008
                                     2011
                                     2011
S-COM-2  Boilers, Steam Generators and Process Heaters (2 to 5 MMBtu/hr)
                                     4307
                               3[rd] Q  -  2008
                                     2020
                             2012 from incentives
S-COM-7  Glass Melting Furnaces
                                     4354
                               3[rd] Q  -  2008
                                    Varies
                                     2008
S-SOL-20  Graphic Arts
                                     4607
                               4[th] Q  -  2008
                                     2011
                                     2011
S-COM-9  Residential Water Heaters
                                     4902
                               1[st] Q  -  2009
                                   Attrition
                                     2011
S-GOV-5  Composting Green Waste
                                     4566
                                4[th] Q - 2010
                                     2012
                                     2012
S-IND-21  Flares
                                     4311
                               2[nd] Q  -  2009
                                      NA
                                      NA
S-IND-14  Brandy and Wine Aging
                                     4695
                               3[rd] Q  -  2009
                                      NA
                                      NA
S-SOL-1 Architectural Coatings
                                     4601
                               4[th] Q  -  2009
                                     2012
                                     2012
S-AGR-2  CAFO
                                     4570
                               2[nd] Q  -  2010
                                     2011
                                     2011
S-SOL-6  Adhesives
                                     4653
                               3[rd] Q  -  2010
                                     2012
                                     2012

Source:  2007 Ozone Plan, Table 6-1, revised December 18, 2008.

b.  Local Jurisdictions' RACM Analysis
      The local jurisdictions' RACM/RACT analysis was conducted by the SJV's eight MPOs and is summarized in Chapter 9 and described in detail in Appendix C of the 2007 Ozone Plan. This analysis, which focused on potential NOx emissions reductions from transportation control measures (TCM). TCM are generally measures designed to reduce emissions from on-road motor vehicles through reductions in vehicle miles traveled, vehicle trips, and/or traffic congestion.
      The SJV MPOs developed a local RACM strategy which consisted of two parts: (1) evaluation of potential RACM for advancing the 8-hour ozone standard attainment date and (2) the adoption of a Congestion Mitigation and Air Quality (CMAQ) policy to fund cost-effective emissions reductions projects.
      For the 2007 Ozone Plan, the MPOs evaluated potential TCM through a multi-step process:
Step 1.  Develop a list of potential reasonably available local control measures.
      To identify potential measures, the MPOs reviewed measures from previous San Joaquin Valley RACM processes, more recent guidance materials, applicable SIPs, and suggestion made by the public during the District's Town Hall meetings. The resulting list of approximately 20 new measures not previously analyzed for the SJV was organized by CAA Section 108(f) transportation control measure categories.
Step 2.  Develop emission reduction estimates.
      Emissions reductions estimates were developed for the CAA section 108(f) categories to assess the list of potential RACM identified in Step 1. The methodology used to estimated reductions is described in Appendix C of the 2007 Ozone Plan. In developing these estimates, the MPOs used assumptions that maximized the potential VMT and NOx reduction from each measure. Examples of these assumptions are given on p. 9-5 of the 2007 Ozone Plan. The total maximum reduction in NOx emissions that could be achieved from implementing all the TCM were estimated to be approximately 7 tpd in 2020 and 5 tpd in 2023. 2007 Ozone Plan, p. 9-6.
Step 3. Compare the potential emission reductions against the reductions needed to advance attainment by one year.
      The MPOs used three methods to estimate the reductions needed to advance attainment by one year. The lowest estimate came from determining the NOx reductions required to achieve a 1 ppb decrease in ozone (i.e., the smallest change that is measurable at design monitors). The isopleths for the Arvin and Fresno-Sierra Sky Park monitors show that an 8.8 tpd reduction in NOx will be required to achieve a 1 ppb decrease in ozone concentrations at those monitoring.
      Given that the maximum feasible NOx reductions from potential local RACM were 5 tpd in 2023, the MPOs concluded that combination of local RACM would not advance attainment by a full year and therefore no further efforts to adopt local commitments for the Plan were necessary.
      Based on the above analysis, the MPOs determined that there were no additional local RACM, beyond those measures already adopted, that would advance attainment of the 8-hour ozone standard in the SJV and thus no additional adoption of measures was necessary. 2007 Ozone Plan, p. 9-7.
      The eight MPOs did commit to adopt a CMAQ policy that includes developing a standardized process across the Valley for distributing, beginning in FY2011, 20 percent of the CMAQ funds to projects that meet a minimum cost-effectiveness. This policy, which as now been adopted, focuses on achieving the most cost-effective emissions reductions, while maintaining flexibility to meet local needs. Id.

c.  State's RACM Analysis
      CARB describes its proposed strategy to reduce emissions from sources within its jurisdiction  -  on- and off-road engines and vehicles, fuels, and consumer products  -  in Chapter 3 of the 2007 State Strategy. California has unique authority under the CAA to adopt standards for most categories of on- and off-road engines and vehicles, subject in most instances only to a waiver by EPA under CAA section 209.
      CARB developed its proposed statewide strategy after an extensive public consultation process to identify potential SIP measures. This process is described in the 2007 Ozone Plan, p. 9-10. It included a SIP Symposium in October 2006 and a workshop in November 2006 to discuss development of potential control concepts for meeting the federal 8-hour ozone and PM2.5 standards. CARB made available a draft of the 2007 State Strategy for public review in April 2007 and then conducted a series of public workshops on the draft. On April 26, 2007, CARB staff released a revised draft of the Proposed State Strategy that incorporated changes based on further staff analysis and public comments. CARB Resolution 07-28, p. 3.
      From this process, CARB identified and committed to develop 15 new defined measures to address California's ozone and PM2.5 nonattainment problem. 2007 State Strategy, p. 65 and CARB Resolution 7-28, Attachment B, p. 8. These measures focused on cleaning up the in-use ("legacy") fleet as well as increasing the stringency of emissions standards for a number of engine categories and further reductions from motor vehicle fuels and consumer products. Many, if not most of these measures, were being proposed and adopted for the first time anywhere in the nation. They built on CARB's already extensive existing program to address emissions of NOx, and VOC from all types of mobile sources, through both regulations and incentive programs, as well as from fuels and consumer products. See 2007 State Strategy, p. 38. Table C-2 lists these measures and their expected action and implementation schedule as initially adopted in 2007 State Strategy as adopting in September 2007. These measures also include one additional measure each from the California Bureau of Automotive Repair and the California Department of Pesticide Regulation. Since 2007, CARB has updated its expected action and implementation dates for a number of its measures. Table C-3 provides the list of these measures as updated in the 2011 Progress Report and 2011 Ozone SIP Revisions.
                                   Table C-2
        2007 State Strategy Defined Measures Schedule for Consideration
                                September 2007
                             Defined State Measure
                               Expected Adoption
                            Expected Implementation
Smog Check Improvements (BAR)
                                   2007-2008
                                    By 2010
Expanded Vehicle Retirement
                                   2008-2014
                                   2008-2014
Modification to Reformulated Gasoline Program
                                     2007
                            Phase-in starting 2010
Cleaner In-Use Heavy Duty Trucks
                                     2008
                                   2010-2015
Auxiliary Ship Cold Ironing and Clean Technologies
                                   2007-2008
                            Phase-in starting 2010
Cleaner Main Ship Engines and Fuels
                                  Fuel: 2007
                                 Engines: 2009
                                Fuel: 2007-2010
                        Engines: Phase-in starting 2010
Port Truck Modernization
                                   2007-2008
                                   2008-2020
Accelerated Introduction of Cleaner Line-Haul Locomotives (enforceable agreement)
                                   2007-2008
                               Starting in 2012
Clean Up Existing Harbor Crafts
                                     2007
                                   2009-2018
Cleaner In-Use Off-Road Equipment
                                     2007
                            Phase-in starting 2008
Cleaner In-Use Agricultural Equipment
                                     2009
                            Phase-in starting 2014
New Emissions Standards for Recreational Boats
                                   2009-2010
                                   2012-2013
Expanded Off-Road Recreational Vehicle Emissions Standards
                                    By 2010
                                   2012-2015
Enhanced Vapor Recovery for Above Ground Storage Tanks
                                     2007
                            Phase-in starting 2008
Additional Evaporative Emissions Standards
                                    By 2010
                                   2010-2012
Consumer Products Program (I & II)
                                   2007-2008
                                   2010-2012
                                    By 2010
                                 By 2012-2014
Pesticides Regulation (DPR)
                                     2008
                                     2008

Source: CARB Resolution 07-28, Attachment B, p. 8.
                                   Table C-3
                Updated 2007 State Strategy: Ozone SIP Measures
                                   July 2011
                             Defined State Measure
                                    Action
Smog Check Improvements (BAR)
                                   2007-2009
Expanded Vehicle Retirement
                                     2007
Modification to Reformulated Gasoline Program
                                     2007
Cleaner In-Use Heavy Duty Trucks
                               2007, 2008, 2010
Auxiliary Ship Cold Ironing and Clean Technologies
                                   2007-2008
Cleaner Main Ship Engines and Fuels
                                Fuel: 2008-2011
                                 Engines: 2008
Port Truck Modernization
                               2007, 2008, 2010
Accelerated Introduction of Cleaner Line-Haul Locomotives (enforceable agreement)
                                     2008
Clean Up Existing Harbor Crafts
                                  2007, 2010
Cleaner In-Use Off-Road Equipment
                                  2007, 2010
Cleaner In-Use Agricultural Equipment
                                     2013
New Emissions Standards for Recreational Boats
                                 Expected 2013
Expanded Off-Road Recreational Vehicle Emissions Standards
                                 Expected 2013
Enhanced Vapor Recovery for Above Ground Storage Tanks
                                     2008
Additional Evaporative Emissions Standards
                                     2009
                                 Expected 2013
Consumer Products Program (I & II)
                               2008, 2008, 2011
Pesticide Regulation (DPR)
                                  2008, 2009

Source: 2011 Progress Report, Table 1 and 2011 Ozone SIP Revisions, p. A-7.

3.  Evaluation and Conclusions
As described above, the District evaluated a range of potentially available measures for inclusion in its 2007 Ozone Plan and committed to adopt those it found to be technically and economically feasible for implementation in the SJV. The process and the criteria the District used to select certain measures and reject others are consistent with EPA's RACM guidance. We also describe above the measure evaluation processes undertaken by the SJV MPOs and the State. Their processes are also consistent with EPA's RACM guidance. See General Preamble at 13560 and Seitz memo.
Because the SJV is designated and classified as extreme nonattainment for the 1997 8-hour ozone standard, CAA sections 182(b)(2) and (f) require the implementation of RACT for all major sources of VOC or NOx and on all VOC sources covered by an EPA-issued CTG. California submitted the District's revised 8-hour ozone RACT SIP (adopted April 16, 2009) on June 18, 2009. We have proposed to partially approve and partially disapprove this RACT SIP based on our proposed determination that the RACT SIP does not adequately demonstrate compliance with section 182 RACT requirements for ten source categories. See Partial Approval and Partial Disapproval of Air Quality Implementation Plans; California; San Joaquin Valley; Reasonably Available Control Technology for Ozone; Proposed rule, 76 FR 55842 (September 9, 2011). See Table C-4 for a list of rules that covering these 10 categories. Nine of these ten source categories emit VOC emissions, only one, solid fuel-fired boilers, emits NOx.
Attainment of the 1997 8-hour ozone standard in the SJV depends on significant reductions in NOx from new technologies. Air quality modeling shows that no level of VOC reductions will bring about attainment of the 8-hour ozone standard in the SJV absent these NOx reductions and no reasonable level of VOC reductions will expedite attainment absent significant NOx reductions. See 2007 Ozone Plan, Chapter 3.
Under EPA's longstanding policy, a SIP meets the RACM requirement in CAA section 172(c)(1) if it includes all reasonably available measures that individually or in combination with other such measures can advance attainment of the relevant standard by one year or more, which in this case is from 2023 to 2022. Thus to determine if the SJV Ozone SIP meets this statutory requirement, we must evaluate whether implementation of the missing RACT-level controls on the ten categories will expedite attainment.
Because attainment of the 1997 8-hour ozone standard depends on NOx reductions and VOC reductions have greatly decreasing benefit as ambient ozone concentrations approach the level of that standard (2007 Ozone Plan, p. 3-9), we have focused our evaluation on the  effect of applying RACT level controls on the solid fuel-fired boiler category. Specifically, we have evaluated whether the potential additional reductions from requiring RACT-level controls on major source solid fuel-fired boilers in the SJV, when combined with other potential RACM/RACT, would provide sufficient additional reductions to attain in 2023. We are using 2023 rather than 2022 because more information is available on projected controlled emissions levels in that year. Fleet turnover from existing mobile source measures will reduce NOx emissions in the SJV by approximately 10 tpd between 2022 and 2023. If additional RACM measures cannot provide sufficient reductions to attain in 2023, they will not be able to provide sufficient emissions reductions in 2022 to both compensate for the reductions lost from fleet turn over in 2022 and to attain.
                                   Table C-4
         Rules Applicable to the SJV that Have Not Been Found to Meet
                  the CAA Section 182(b)(2) RACT Requirement
                                 District Rule
                                   Pollutant
                              Cite for EPA Action
Rule 4352  -  Solid Fuel Fired Boilers, Steam Generators, and Process Heaters
                                      NOx
75 FR 60623 (October 1, 2010)
Rule 4401  -  Steam Enhanced Crude Oil Productions Wells
                                      VOC
75 FR 3996 (January 26, 2010)
Rule 4402  -  Crude Oil Production Sumps
                                      VOC
76 FR 298 (January 4, 2011)
Rule 4694  -  Wine Fermentation and Storage Tanks
                                      VOC
Amendments adopted August 18, 2011  -  not yet submitted
Rule 4605  -  Aerospace Assembly and Component Coating Operations
                                      VOC
75 FR 3996 (January 26, 2010)
Rule 4625  -  Wastewater Separators
                                      VOC
76 FR 298 (January 4, 2011)
Rule 4682  -  Polystyrene Foam, Polyethylene, and Polypropylene Manufacturing
                                      VOC
Proposed: 76 FR 41745 (July 15, 2011)
Rule 4684  -  Polyester Resin Operations
                                      VOC
75 FR 3996 (January 26, 2010)
Rule 4566  -  Organic Material Composting Operations
                                      VOC
Rule adopted August 18, 2011  -  not yet submitted
Fumigant Volatile Organic Compound Regulations
                                      VOC
California Department of Pesticide Regulation  -  submitted August 2, 2011

As shown in Table C-5 below, the projected 2023 NOx emissions level would still be well above the level needed for attainment even after accounting for all controls adopted through 2011, eliminating all emissions from solid-fuel boilers (a level of control well beyond RACT), assuming the maximum feasible reductions from TCM in 2023 (as discussed above), fully crediting reductions from measures that are not currently creditable, and including the estimated reductions from identified measures that are yet to be adopted.
                                   Table C-5
                Basic Evaluation of the Effect of Implementing
RACT on Solid Fuel-Fired Boilers on Expeditious Attainment of the 1997 8-Hour Ozone Standard in the SJV

                                NOx in tpd 2023
Projected 2023 emissions levels with controls adopted prior to 2011
                                      195
Emissions from solid fuel-fired boilers
                                    - 5[1]
Potential emissions reductions from TCM
                                      - 5
Reductions from currently non-creditable measures (Rule 9510 and Rule 4230)
                                     - 2.8
Remaining CARB commitments[2]
                                     - 4.7
Estimated reductions from Rule 4702 as revised on August 18, 2011[3]
                                     - 1.4
Emissions level with additional measures
                                     176.1
Target emissions level for attainment
                                      141

     [1]  Solid fuel-fired boilers are projected to emit 4.7 tpd of NOx in 2020. Data from CARB's on-line CEPAM: 2009 Almanac at http://www.arb.ca.gov/app/emsinv/fcemssumcat2009.php
     [2]  Calculated by subtracting from CARB's 2023 46 tpd NOx commitments (Table D-6) the adjustment to baseline from State & federal sources on Table D-8 (21.5 tpd) and emissions reductions from creditable State measures on Table D-10 (19.8 tpd)
     [3]  SJVAPCD, Staff Report on Rule 4702, Appendix B (August 18, 2011)
Based on our review of these RACM analyses, the District's and California's adopted rules as well as their commitments to adopt and implement controls, and our analysis of the impact of implementing unadopted RACT measures, we propose to find that there are, at this time, no additional reasonably available control measures that would advance attainment of the 1997 8-hour ozone standard in the SJV. Therefore, we propose to find that the SJV 2007 Ozone Plan, together with the 2007 State Strategy, provides for the implementation of RACM as required by CAA section 172(c)(1).
This proposed finding does not affect the District's continuing obligation under CAA sections 182(b)(2) and (f) and 40 CFR 51.905(a)(1)(ii) to implement RACT on all major sources and all CTG source categories.
D.  Control Strategy
1.  Requirements for Control Strategies
      CAA section 172(c)(6) requires nonattainment plans to "include enforceable emission limitations, and such other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emission rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment of such standard in such area by the applicable attainment date...." See also CAA section 110(a)(2)(A). The ozone implementation rule requires all control measures needed for attainment be implemented no later than the beginning of the attainment year ozone season. 40 CFR § 51.908(d). The attainment year ozone season is defined as the ozone season immediately preceding a nonattainment area's attainment date. 40 CFR § 51.900(g).
      In most instances, a nonattainment plan should include the adopted measures it relies on to demonstrate attainment and RFP and/or meet other CAA requirement or should identify the adopted measures it relies on that are already SIP approved, federally promulgated, or otherwise SIP creditable. EPA, however, recognizes that circumstances exist that warrant the initial use of enforceable state commitments in place of these adopted measures. It believes that the CAA allows approval of such enforceable commitments as elements of a CAA control strategy requirement when they are limited in scope. The language in CAA sections 110(a)(2)(A) and 172(c)(6), given above, is quite broad, allowing a SIP to contain any "means or techniques" that EPA determines are "necessary or appropriate" to meet CAA requirements, such that the area will attain as expeditiously as practicable, but no later than the designated date. Furthermore, the express allowance for "schedules and timetables" demonstrates that Congress understood that all required controls might not have to be in place before a SIP could be fully approved.
Commitments approved by EPA under CAA section 110(k)(3) are enforceable by EPA and citizens under, respectively, CAA sections 113 and 304. In the past, EPA has approved enforceable commitments and courts have enforced actions against states that failed to comply with them: see, e.g., American Lung Ass'n of N.J. v. Kean, 670 F. Supp. 1285 (D.N.J. 1987), aff'd, 871 F.2d 319 (3rd Cir. 1989); NRDC, Inc. v. N.Y. State Dept. of Env. Cons., 668 F. Supp. 848 (S.D.N.Y. 1987); Citizens for a Better Env't v. Deukmejian, 731 F. Supp. 1448, recon. granted in par, 746 F. Supp. 976 (N.D. Cal. 1990); Coalition for Clean Air v. South Coast Air Quality Mgt. Dist., No. CV 97-6916-HLH, (C.D. Cal. Aug. 27, 1999). Further, if a state fails to meet its commitments, EPA could make a finding of failure to implement the SIP under CAA section 179(a)(4), which starts an 18-month period for the state to correct the non-implementation before mandatory sanctions are imposed.
      Congress recognized that extreme ozone nonattainment areas may have to rely to a certain extent on new or improved technologies to achieve the emissions reductions needed for attainment and RFP. CAA section 182(e)(5) allows EPA to approve an extreme area plan and attainment demonstration that anticipate development of new control technologies or improvement of existing control technologies. This new technology provision is described further in section II.E of this TSD.

2.  Control Strategy in the SJV 2007 8-Hour Ozone SIP
      For the purposes of evaluating the SJV 2007 Ozone SIP and revised 2007 State Strategy, we have divided the measures relied on in the attainment and RFP demonstrations and to meet the RACM and contingency measures requirements into two categories:  baseline measures and control strategy measures.
      As the term is used here, baseline measures are federal, State, and District rules and regulations adopted prior to 2007 (i.e., prior to the development of the 2007 Ozone Plan and State Strategy) that continue to generate emissions reductions through to the attainment year of 2023 and beyond. 2007 State Strategy, Appendix A, p. 1. Reductions from these measures are incorporated into the baseline inventory and, for the most part, not individually quantified. These measures provide the majority of emissions reductions needed to attain the 8-hour ozone standards in the SJV. See Table F-1 in this TSD.
      Control strategy measures are the new rules, rule revisions, and commitments that provide the additional increment of emissions reductions needed beyond the baseline measures to demonstrate RFP and attainment, meet RACM/RACT, and/or provide for contingency measures.
      We evaluate the control strategy measures in this section. Baseline measures are listed in the Appendices A and B to this TSD.

a.  District Control Strategy Measures and Commitments
      For the 2007 Ozone Plan, the District identified and committed to adopting and implementing 19 new control measures for VOC or NOx. See 2007 Ozone Plan, Table 6-1 (revised December 18, 2008) and SJVUAPCD Governing Board Resolution 07-04-011a, p. 6. In Table D-1 below, we list these measures, which mostly involve strengthening existing District rules, along with their anticipated and actual adoption dates, anticipated and actual final compliance dates, and anticipated and actual initial implementation dates. As can be seen from Table D-1, the District has met its rulemaking schedule to date and has only two rule actions remaining.
      Reductions anticipated to be achievable from each rule at the time the 2007 Ozone Plan was adopted are listed in Table D-2. In Table D-3, we give the current SIP submittal and approval status of the measures in the Plan. In Table D-4,we show the emissions reductions from the rules as adopted. Actual reductions from each rule, once adopted, often differ from those anticipated in the plan. In Table D-5, we list the emissions reductions from rules that are either approved or proposed for approval and therefore are creditable in attainment and RFP demonstrations and for other CAA purposes.
      For a number of potential measures identified during the District's RACM analysis, insignificant information was available to evaluate the feasibility of implementing them in the San Joaquin Valley. For these measures, the District developed a schedule for performing feasibility studies. See 2007 Ozone Plan, page 6-6 and Table 6-4. Measures that are identified as being feasible through these studies will be included in future plan updates with schedules and emissions reduction commitments.
      The District also developed programs to reduce emissions through incentive programs and innovative strategies and programs. See 2007 Ozone Plan, Chapters 7 and 8.

                                   Table D-1
               San Joaquin Valley Air Pollution Control District
                   2007 Ozone Plan Specific Rule Commitments
                       Measure Number & Description
                             District Rule Number
                                 Adoption Date
                           Earliest Compliance Date
                               Reductions Start

                                  Anticipated
                                    Actual
                                  Anticipated
                                    Actual
                                  Anticipated
                                    Actual
S-GOV-1  Composting Biosolids
                                     4565
                                1[st] Q - 2007
                                  March 2007
                                     2008
                                     2008
                                     2008
                                     2008
S-AGR-1  Open Burning (Phase IV)
                                     4103
                               2[nd] Q  -  2010
                                  April 2010
                                     2010
                                     2010
                                     2009
                                     2010
S-SOL-11  Solvents
                                                               Organic Solvents
                                     4661
                               3[rd] Q  -  2007
                                September 2007
                                     2010
                                     2008
                                     2010
                                     2008
                                                     Organic Solvent Degreasing
                                     4662

                                September 2007

                                     2008

                                     2008
                                                       Organic Solvent Cleaning
                                     4663

                                September 2007

                                     2008

                                     2008
S-COM-5  Stationary Gas Turbines
                                     4703
                               3[rd] Q  -  2007
                                September 2007
                                     2012
                                     2012
                                     2012
                                     2009
S-IND-24  Soil Decontamination
                                     4651
                               3[rd] Q  -  2007
                                September 2007
                                     2008
                                     2008
                                      NA
                                     2008
S-IND-6  Polystyrene Foam
                                     4682
                               3[rd] Q  -  2007
                                September 2007
                                     2010
                                     2010
                                     2011
                                     2010
S-PET-1&2  Gasoline Storage & Transfer
                                     4623
                                     4624
                               4[th] Q  -  2007
                                 December 2007
                                     2009
                                     2009
                                     2009
                                     2009
S-PET-3  Aviation Fuel Storage
                                       --
                               3[rd] Q  -  2007
                              found not feasible
                                     2010
                                       --
                                     2010
                                       --
S-COM-1  Large Boilers
                                     4306
                                     4320
                               3[rd] Q  -  2008
                                 October 2008
                                     2012
                                 2012 to 2014
                                     2012
                                     2011
S-COM-2  Boilers, Steam Generators and Process Heaters (2 to 5 MMBtu/hr)
                                     4307
                               3[rd] Q  -  2008
                                 October 2008
                                     2012
                                 2010 to 2016
                                     2012
                                     2010
S-COM-7  Glass Melting Furnaces
                                     4354
                               3[rd] Q  -  2008
                                 October 2008
                                     2009
                           NOx limits  -  2014-2018
                                     2009
                              NOx limits  -  2011
S-SOL-20  Graphic Arts
                                     4607
                               4[th] Q  -  2008
                                 December 2008
                                     2011
                                     2010
                                     2011
                                     2010
S-COM-9  Residential Water Heaters
                                     4902
                               1[st] Q  -  2009
                                  March 2009
                                   Attrition
                                   Attrition
                                     2011
                                     2010
S-GOV-5  Composting Green Waste
                                     4566
                                4[th] Q 0 2010
August 2011
                                     2012
                                     2012
                                     2012
                                     2012
S-IND-21  Flares
                                     4311
                               2[nd] Q  -  2009
                                   June 2009
                                   NA (2010)
                                     2011
                                   NA (2010)
                                     2011
S-IND-14  Brandy and Wine Aging
                                     4695
                               3[rd] Q  -  2009
                                September 2009
                                      NA
                                     2012
                                      NA
                                     2012
S-SOL-1  Architectural Coatings
                                     4601
                               4[th] Q  -  2009
                                 December 2009
                                     2012
                                     2011
                                     2012
                                     2011
S-AGR-2  CAFO
                                     4570
                               2[nd] Q  -  2010
                                 October 2010
                                     2011
                                     2011
                                     2011
                                     2011
S-SOL-6  Adhesives
                                     4653
                               3[rd] Q  -  2010
                                September 2010
                                     2012
                                     2011
                                     2012
                                     2011

Source:  2007 Ozone Plan, Table 6-1, revised December 18, 2008. Actual information from specific rules.

                                   Table D-2
              San Joaquin Valley Air Pollution Control District
 Estimated Emissions Reductions for 2007 Ozone Plan Specific Rule Commitments
                             (tons per summer day)
                           NOx Emissions Reductions

                                     2008
                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-AGR-1
Open Burning
                                      1.1
                                      2.4
                                      2.4
                                      2.4
                                      3.5
                                      3.5
                                      3.4
S-COM-5
Stationary Gas Turbines
                                      0.0
                                      0.6
                                      0.6
                                     0.61
                                     0.64
                                     0.66
                                     0.68
S-COM-1
Large Boilers
                                      0.0
                                      0.0
                                     0.69
                                     0.72
                                     0.75
                                     0.77
                                      0.8
S-COM-2
Medium Boilers
                                      0.0
                                      0.0
                                     0.51
                                     0.51
                                     0.51
                                     0.51
                                     0.51
S-COM-7
Glass Melting Furnaces
                                      1.2
                                      1.2
                                      1.6
                                      1.7
                                      1.8
                                      1.9
                                      2.0
S-COM-9
Residential Water Heaters
                                      0.0
                                      0.2
                                     0.25
                                      0.4
                                     0.55
                                      0.7
                                     0.85
S-IND-21
Flares
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                             Commitment to Total NOx Reductions
                                      2.3
                                      4.4
                                      6.0
                                      6.3
                                      7.8
                                      8.0
                                      8.2
                           VOC Emissions Reductions

                                     2008
                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-GOV-1
Composting Biosolids
                                       2
                                      3.4
                                      3.4
                                      3.9
                                      4.0
                                      4.1
                                      4.1
S-AGR-1
Open Burning
                                      1.3
                                      2.8
                                      2.8
                                      2.8
                                      2.8
                                      2.8
                                      2.7
S-SOL-11
Solvents
                                      0.0
                                      1.3
                                      1.3
                                     1.39
                                     1.46
                                     1.53
                                     1.62
S-IND-24
Soil Decontamination
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
S-IND-6
Polystyrene Foam
                                      0.0
                                      0.0
                                      0.1
                                      0.1
                                     0.11
                                     0.12
                                     0.35
S-PET-1&2
Gasoline Storage & Transfer
                                      0.0
                                      0.9
                                     0.92
                                     0.99
                                     1.03
                                     1.07
                                     1.08
S-PET-3
Aviation Fuel Storage
                                      0.0
                                     0.05
                                     0.05
                                     0.05
                                     0.05
                                     0.05
                                     0.05
S-SOL-20
Graphic Arts
                                      0.0
                                      0.0
                                     0.07
                                     0.07
                                     0.08
                                     0.08
                                     0.08
S-GOV-5
Composting Green Waste
                                      0.0
                                      0.0
                                       9
                                      10
                                      10
                                      11
                                      11
S-IND-21
Flares
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
S-IND-14
Brandy and Wine Aging
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
                                      0.0
S-SOL-1
Architectural Coatings
                                      0.0
                                      0.0
                                       2
                                      2.1
                                      2.1
                                      2.2
                                      2.3
S-AGR-2
CAFO
                                      0.0
                                      6.8
                                      6.7
                                     18.9
                                     20.4
                                     21.5
                                     22.9
S-SOL-6
Adhesives
                                      0.0
                                      0.0
                                     0.11
                                     0.17
                                     0.12
                                     0.13
                                     0.15
                                             Commitment to Total VOC Reductions
                                      3.3
                                     15.3
                                     26.5
                                     40.5
                                     42.2
                                     44.5
                                     46.3

Source:  2007 Ozone Plan, Table 6-1, revised December 18, 2008.

                                   Table D-3
     Approval and Submittal Status of SJVAPCD Rules in the 2007 Ozone Plan
                                     Rule
                                    Status
                              Dates and Citations
Rule 4565  Biosolids, Animal Manure, and Poultry Litter Operations
                             Proposed for approval
76 FR 56706 (September 14, 2011)
Rule 4103  Open Burning
                                   Approved
74 FR 57907 (November 10, 2009)

                             Proposed for approval
76 FR 40660 (July 11, 2011)
Rule 4661  Organic Solvents
                                   Approved
75 FR 24406 (May 5, 2010)
Rule 4662  Organic Solvent Degreasing
                                   Approved
74 FR 37948 (July 30, 2009)
Rule 4663  Organic Solvent. Cleaning
                                   Approved
74 FR 37948 (July 30, 2009)
Rule 4703  Stationary Gas Turbines
                                   Approved
74 FR 53888 (October 21, 2009)
Rule 4651  Soil Decontamination
                                   Approved
74 FR 52894 (October 15, 2009)
Rule 4682  Polystyrene, Polyethylene, and Polypropylene Products Manufacturing
                             Proposed for approval
76 FR 41745 (July 15, 2011)
Limited approval/limited disapproval
Rules 4621/4622  Gasoline Storage & Transfer
                                   Approved
74 FR 33397 (July 13, 2009)
S-PET-3  Aviation Fuel Storage
                                       --
Found unfeasible
Rule 4306  Boilers, Steam Generators, and Process Heaters (> 5 MMBtu/hr)
                                   Approved
75 FR 1715 (January 13, 2010)
Rule 4320 - Advanced Emissions Reductions for Boilers, Steam Generators and Process Heaters (> 5 MMBtu/hr)
                            Approved without credit
76 FR 16696 (March 25, 2011)
Rule 4307  Boilers, Steam Generators and Process Heaters (2 to 5 MMBtu/hr)
                                   Approved
75 FR 1715 (January 13, 2010)
Rule 4308  Boilers, Steam Generators and Process Heaters (0.075 to < 2 MM
Btu/hr)
                                   Approved
76 FR 5276 (January 31, 2011)
Rule 4354  Glass Melting Furnaces
                                   Approved
76 FR 53640 (August 29, 2011)
Rule 4607  Graphic Arts
                                   Approved
74 FR 52849 (October 15, 2009)
Rule 4605  Aerospace Coating
                             Proposed for approval
76 FR 56134 (September 12, 2011)
Rule 4902  Residential Water Heaters
                                   Approved
75 FR 24408 (May 5, 2010)
Rule 4566  Composting Green Waste
                            Adopted August 18, 2011
New Rule
Rule 4311  Flares
                             Proposed for approval
76 FR 52623 (August 23, 2011)
Rule 4695  Brandy and Wine Aging
                                   Approved
76 FR 47076 (August 4, 2011)
Rule 4601  Architectural Coatings
                             Proposed for approval
76 FR 35167 (June 16, 2011)
Rule 4570  Confined Animal Facilities
                             Proposed for approval
76 FR 56706 (September 14, 2011)
Rule 4653  Adhesives
                                   Submitted
Action pending. Previous version of the rule approved 74 FR 52894 (October 15, 2009)
Rule 9410  Employer Based Trip Reduction
                                   Submitted
New Rule

                                   Table D-4
              San Joaquin Valley Air Pollution Control District
     Estimated Emissions Reductions for 2007 Ozone Plan Rules As Adopted1
                             (tons per summer day)
                           NOx Emissions Reductions

                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-AGR-1
Open Burning
                                      1.9
                                      1.9
                                      1.9
                                      1.9
                                      1.9
                                      1.9
S-COM-5
Stationary Gas Turbines
                                      0.0
                                      2.2
                                      2.2
                                      2.3
                                      2.4
                                      2.5
S-COM-1
Large, Medium and Small Boilers
                                      0.1
                                      1.8
                                      1.9
                                      2.1
                                      2.5
                                      2.8
S-COM-7
Glass Melting Furnaces
                                      1.5
                                      2.2
                                      3.8
                                      4.1
                                      4.3
                                      4.5
S-COM-9
Residential Water Heaters
                                      0.2
                                      0.3
                                      0.5
                                      0.8
                                      1.0
                                      1.0

Employer-Based Trip Reduction
                                      0.0
                                      0.0
                                      0.9
                                      0.7
                                      0.5
                                      0.4
                                     Total NOx reductions from rules as adopted
                                      3.6
                                      8.4
                                     11.3
                                     11.8
                                     12.6
                                     13.0
                                             Commitment to total NOx reductions
                                      4.4
                                      6.0
                                      6.3
                                      7.8
                                      8.0
                                      8.2
                                         NOx reductions remaining as commitment
                                      0.8
                                     -2.4
                                     -5.0
                                     -4.8
                                     -4.6
                                     -5.2

    Source:  Email, Jessi Fierro, SJVAPCD to Frances Wicher, EPA date, attachment "2007 Ozone Plan Emissions Reductions." Reductions shown are the sum of the reductions listed in the attachment and reductions on Table D-2 above.
    [1] Rules with no estimated reductions or zero reductions are not shown.

                            Table D-4  -  Continued
               San Joaquin Valley Air Pollution Control District
     Estimated Emissions Reductions for 2007 Ozone Plan Rules As Adopted1
                             (tons per summer day)
                           VOC Emissions Reductions

                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-GOV-1
Composting Biosolids
                                      4.0
                                      4.1
                                      4.1
                                      4.1
                                      4.2
                                      4.2
S-AGR-1
Open Burning
                                      2.5
                                      2.5
                                      2.5
                                      2.5
                                      2.5
                                      2.5
S-SOL-11
Solvents
                                      3.0
                                      3.0
                                      3.1
                                      3.3
                                      3.4
                                      3.7
S-IND-6
Polystyrene Foam
                                      0.1
                                      0.1
                                      0.1
                                      0.1
                                      0.1
                                      0.4
S-PET-1&2
Gasoline Storage & Transfer
                                      3.8
                                      4.0
                                      4.3
                                      4.4
                                      4.6
                                      4.7
S-SOL-20
Graphic Arts
                                      0.5
                                      0.5
                                      0.5
                                      0.5
                                      0.5
                                      0.5
S-SOL-1
Architectural Coatings
                                       0
                                      2.8
                                      3.0
                                      3.2
                                      3.2
                                      3.2
S-AGR-2
CAFO
                                     20.3
                                     20.7
                                     21.5
                                     22.8
                                     24.1
                                     25.3
S-SOL-6
Adhesives
                                      0.6
                                      0.6
                                      0.7
                                      0.7
                                      0.8
                                      0.9

Employer-Based Trip Reduction

                                     Total VOC reductions from rules as adopted
                                     34.9
                                     38.3
                                     40.5
                                     42.0
                                     43.9
                                     45.8
                                             Commitment to total VOC reductions
                                     15.3
                                     26.5
                                     40.5
                                     42.2
                                     44.5
                                     46.3
                                         VOC reductions remaining as commitment
                                     -19.6
                                     -11.8
                                      0.0
                                      0.2
                                      0.6
                                      0.5

    Source:  Email, Jessi Fierro, SJVAPCD to Frances Wicher, EPA July 7, 2011, attachment "2007 Ozone Plan Emissions Reductions." (2023 adjustment for open burning should be -0.19 and not the -2.19 listed on this table). Reductions shown are the sum of the reductions listed in the attachment and reductions on Table D-2 above.
    [1] Rules with no estimated reductions or reductions off zero are not shown.
                                   Table D-5
              San Joaquin Valley Air Pollution Control District
Current SIP Creditable Emissions Reductions for 2007 Ozone Plan Rules As Adopted
                             (tons per summer day)
                           NOx Emissions Reductions

                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-AGR-1
Open Burning
                                      1.9
                                      1.9
                                      1.9
                                      1.9
                                      1.9
                                      1.9
S-COM-5
Stationary Gas Turbines
                                      0.0
                                      2.2
                                      2.2
                                      2.3
                                      2.4
                                      2.5
S-COM-1
Large, Medium and Small Boilers
                                       0
                                      1.8
                                      1.9
                                      2.1
                                      2.5
                                      2.8
S-COM-7
Glass Melting Furnaces
                                      1.5
                                      2.2
                                      3.8
                                      4.1
                                      4.3
                                      4.5
S-COM-9
Residential Water Heaters
                                      0.2
                                      0.3
                                      0.5
                                      0.8
                                      1.0
                                      1.0
                                 Total SIP Creditable NOx Reductions from Rules
                                      3.6
                                      6.2
                                     10.3
                                     11.1
                                     12.0
                                     12.6
                                             Commitment to total NOx reductions
                                      4.4
                                      6.0
                                      6.3
                                      7.8
                                      8.0
                                      8.2
                                         NOx reductions remaining as commitment
                                      0.8
                                     -0.2
                                     -4.0
                                     -3.3
                                     -4.0
                                     -4.6

                             Table D-5 - Continued
              San Joaquin Valley Air Pollution Control District
Current SIP Creditable Emissions Reductions for 2007 Ozone Plan Rules As Adopted
                             (tons per summer day)
                           VOC Emissions Reductions

                                     2011
                                     2012
                                     2014
                                     2017
                                     2020
                                     2023
S-GOV-1
Composting Biosolids
                                      4.0
                                      4.1
                                      4.1
                                      4.1
                                      4.2
                                      4.2
S-AGR-1
Open Burning
                                      2.5
                                      2.5
                                      2.5
                                      2.5
                                      2.5
                                      2.5
S-SOL-11
Solvents
                                      3.0
                                      3.0
                                      3.1
                                      3.3
                                      3.4
                                      3.7
S-IND-6
Polystyrene Foam
                                      0.1
                                      0.1
                                      0.1
                                      0.1
                                      0.1
                                      0.4
S-PET-1&2
Gasoline Storage & Transfer
                                      3.8
                                      3.9
                                      4.3
                                      4.4
                                      4.6
                                      4.7
S-SOL-20
Graphic Arts
                                      0.5
                                      0.5
                                      0.5
                                      0.5
                                      0.5
                                      0.5
S-SOL-1
Architectural Coatings
                                       0
                                      2.8
                                      3.0
                                      3.2
                                      3.2
                                      3.2
S-AGR-2
CAFO
                                     20.3
                                     20.7
                                     21.5
                                     22.8
                                     24.1
                                     25.3
                                 Total SIP Creditable VOC Reductions from Rules
                                     34.3
                                     37.7
                                     39.8
                                     41.3
                                     43.1
                                     44.5
                                             Commitment to total VOC reductions
                                     15.3
                                     26.5
                                     40.5
                                     42.2
                                     44.5
                                     46.3
                                         VOC reductions remaining as commitment
                                     -19.0
                                     -11.2
                                      0.7
                                      0.8
                                      1.4
                                      1.8

b.  CARB Control Strategy Measures and Commitments
      CARB's commitments in the 2007 State Strategy consist of three parts:
      1. Commitment to achieve emissions reductions by specific dates;
      2. Commitment to propose defined new SIP measures; and
      3. A long-term strategy commitment.
See 2007 State Strategy, p. 58 and CARB Resolution 7-28, Attachment B, p. 3.
      The 2007 State Strategy includes enforceable commitments to achieve specific aggregate reductions of NOx and VOC in the SJV by certain dates. See Table D-6 below. The nature of this commitment is described in the State Strategy as follows:
      The total emission reductions from the new measures necessary to attain the federal standards are an enforceable State commitment in the SIP. While the proposed State Strategy includes estimates of the emission reductions from each of the individual new measures, it is important to note that the commitment of the State Strategy is to achieve the total emission reductions necessary to attain the federal standards, which would be the aggregate of all existing and proposed new measures combined. Therefore, if a particular measure does not get its expected emission reductions, the State still commits to achieving the total aggregate emission reductions, whether this is realized through additional reductions from the new measures or from alternative control measures or incentive programs. If actual emission decreases occur in any air basin for which emission reduction commitments have been made that are greater than the projected emissions reductions from the adopted measures in the State Strategy, the actual emission decreases may be counted toward meeting CARB's total emission reduction commitments.
Id.

                                   Table D-6
          CARB Commitments to Specific Aggregate Emissions Reductions
                             (tons per summer day)

                                     2014
                                     2017
                                     2020
                                     2023
                                     2023
                                CAA §182(e)(5)
                                      VOC
                                      23
                                     -- [1]
                                      24
                                      25
                                     -- [1]
                                      NOx
                                      76
                                     88-93
                                      56
                                      46
                                      81

     Source: 2007 State Strategy, p. 63 and CARB Resolution 07-28, Attachment B, p. 6 and the 2009 State Strategy Update, p. 23.
     [1] No commitment to VOC reductions in 2017 or to VOC reductions pursuant to CAA §182(e)(5) advanced technologies provision.

      The 2007 State Strategy also includes CARB's commitments to proposed specific defined measures. See 2007 State Strategy, p. 62 and CARB Resolution 7-28, Attachment B, p. 8, 2011 Progress Report, Appendix B, and 2011 Ozone SIP Revisions, p. A-7. Table D-7 below lists these defined measures and their current adoption and approval status. As can be seen from this table, the State has already adopted and EPA has approved or proposed to approve or is in the process of granting waivers under CAA section 209 to most of these measures. These new measures build on the State's already extensive set of adopted measure; a list of which can be found in the 2007 State Strategy (p. 38) and in Appendix A of this TSD.

                                   Table D-7
                 2007 State Strategy Adopted Defined Measures
                                Current Status
                                State Measures
                             Expected Action Year
                                Current Status
Smog Check Improvements
                                   2007-2009
Elements approved 75 FR 38023 (July 1, 2010)
Expanded Vehicle Retirement (AB 118)
                                     2007
Adopted by CARB, June 2009; by BAR, September 2010.
Modification to Reformulated Gasoline Program
                                     2007
Approved, 75 FR 26653 (May 12, 2010)
Cleaner In-Use Heavy Duty Trucks
                             2007, 2008, and 2010
Proposed for approval: 76 FR 40652 (July 11, 2011)
Accelerated Introduction of Cleaner Locomotives
                                     2008
Prop 1B bond funds awarded to upgrade line-haul locomotive engines not already accounted for by enforceable agreements with the railroads. Those cleaner line-hauls will begin operation by 2012.
Cleaner In-Use Off-Road Engines
                                  2007, 2010
Waiver decision pending.
Enhanced Vapor Recovery for Above Ground Storage Tanks
                                     2008
Adopted June 2007. Requirements imposed through District Rule 4621
Consumer Products Program (I & II)
                               2008, 2009, 2011
Approved, 74 FR 57074 (November 4, 2009) and 76 FR 27613 (May 12, 2011)
Pesticide Regulation (DPR)
                                  2008, 2009
Adopted 2008, revised 2009 and 2011. Submitted October 2009 and August 2011

Source: 2009 State Strategy Update, p.4, 2011 Progress Report, Table 1, and 2011 Ozone SIP Revisions, Appendix A-3. Additional information from www.ca.arb.gov.

      Finally, the 2007 State Strategy includes CARB's long-term commitments to achieve the emissions reductions still needed for attainment after the implementation of the defined measures and the achievement of the specific aggregate emissions reductions. See 2007 State Strategy, p. 66:  "[c]onsistent with section 182(e)(5) of the federal Clean Air Act, [the 2007 State Strategy] includes long-term commitments to achieve the last increment of emission reductions necessary to fully meet attainment goals in the South Coast and San Joaquin Valley." When the 2007 State Strategy was submitted in November 2007, CARB estimated that an additional 81 tpd in NOx reductions beyond those already identified would be needed to attain the 1997 8-hour ozone standard in the San Joaquin Valley. 2007 State Strategy, p. 66. See also Table D-7 above.
      The SJV Ozone Plan and State Strategy, as adopted in 2007, demonstrates that a 75 percent reduction in NOx emissions from the 2002 base year level is necessary to attain the 1997 8-hour ozone standard. A 75 percent reduction from the 2002 base year level equates to an attainment target level of 160 tpd NOx. See 2007 State Strategy, p. 70. In the 2011 Ozone SIP Revisions, CARB revised the 2002 base year NOx emissions downward by 12 percent. This revision to the base year inventory resulted from changes to inventorying methodologies. See Section II.A. of this TSD.
      Both CARB and EPA recognize that the ideal approach for evaluating the impact of these base year inventory changes on the attainment target would be to perform new air quality modeling. Both Agencies also recognize the time and effort involved in such modeling for an area that is as large and diverse as the San Joaquin Valley. As part of its 2011 Ozone SIP Revisions, CARB has committed to update the SJV 2007 Ozone Plan modeling to reflect the emissions inventory improvements and any other new information by December 31, 2014 or by the date the SIPs are due for the revised 8-hour ozone standard whichever comes first. See CARB Resolution 11-22, p. 3 and 2011 Ozone SIP Revisions, p. B-8.
      As part of the technical support for the 2011 Ozone SIP Revisions, CARB qualitatively evaluated the impact on the attainment target of the revision to this base year inventory and concluded that the 160 tpd target remains viable. See 2011 Ozone SIP Revisions, p. B-9. The 160 tpd target represents a 72 percent reduction off the revised 2002 base year level. CARB also recognized, however, that a reduction of up to 75 percent from the revised baseline (an attainment target level of 141.3 tpd) may be necessary to attain the 1997 8-hour ozone standard in the SJV and reaffirmed its 2007 State Strategy commitment to achieve all emissions reductions that are necessary to provide for attainment. See CARB Resolution 11-22, p. 3.
      As EPA stated in its comment letter on the proposed 2011 Ozone SIP Revisions, we believe that a 75 percent reduction from the base year NOx emissions level, based on the modeling provided in the Plan as submitted in 2007, provides the best available estimate of the NOx reductions needed to reach attainment. In our letter, we recommended that CARB commit to revising the modeling by a specific date and to commit, in the interim, to achieving a 75 percent reduction in NOx from the revised 2002 base year levels by 2023. We noted that these recommendations are consistent with CARB's continuing strong commitment and efforts to achieve the emission reductions needed for attainment of the air quality standards in the San Joaquin Valley and the rest of California.
      In response, CARB included a commitment to update the 2007 SIP modeling for the SJV to reflect emissions inventory improvements and reaffirmed its commitment to achieve the emissions reductions necessary to provide for attainment. CARB has stated that these commitments are sufficient to address the concerns we raised in our comment letter. See 2011 Ozone SIP Revisions Supplement, p. 1.
      EPA notes that the reductions needed to reach a target level of 141 tpd relative to the reductions needed to meet a target level of 160 tpd are fall within CARB's long-term measures (new technologies) commitment under CAA section 182(e)(5).
      In addition to the base year inventory changes, CARB has adjusted future year baseline emissions to reflect methodology changes and improved data. See section II.A.2. of this TSD, Tables D-8 and D-9 show original and adjusted baseline emissions inventories for the source categories. Table D-10 lists the emissions reductions (from the adjusted baseline emissions inventories) that the State now estimates it will achieve from its measures as adopted or revised. Table D-11 shows the reductions from State measures that are current SIP creditable.
                                   Table D-8
      Original and Adjusted NOx Baseline Emissions Inventories by Measure
                          (tons per summer day 2023)
                                 State Measure
                                     Orig.
                                   Adjusted
                                    Change
Smog Check Improvements
                                     24.0
                                     24.8
                                      0.8
Cleaner In-Use Heavy-Duty Trucks & Buses
                                     73.1
                                     55.9
                                     -17.2
Accelerated Intro. Of Cleaner Line-Haul Locomotives
                                     21.1
                                     21.1
                                      0.0
Cleaner In-Use Off-Road Equipment (>25hp)
                                     17.7
                                     11.2
                                     -6.5
New Emission Standards for Recreational Boats
                                      5.8
                                      5.8
                                      0.0
District Emissions Sources
                                      113
                                      66
                                     -47.1
All Other State and Federal Emissions Sources
                                      41
                                      42
                                      1.4
Totals:
                                      295
                                      227
                                     -68.5

     Source: 2011 Ozone SIP Revision Supplement, Attachment 1.

                                   Table D-9
      Original and Adjusted VOC Baseline Emissions Inventories by Measure
                          (tons per summer day 2023)
                                 State Measure
                                     Orig.
                                   Adjusted
                                    Change
Smog Check Improvements
                                     33.4
                                     34.7
                                      1.3
Cleaner In-Use Heavy-Duty Trucks & Buses
                                      7.9
                                      5.9
                                     -2.0
Accelerated Intro. Of Cleaner Line-Haul Locomotives
                                      1.6
                                      1.6
                                      0.0
Cleaner In-Use Off-Road Equipment (>25hp)
                                      2.7
                                      1.2
                                     -1.5
New Emission Standards for Recreational Boats
                                     16.8
                                     16.8
                                      0.0
Expanded Off-Road Recreational Vehicles Standards
                                     12.5
                                     12.5
                                      0.0
Consumer Products Program
                                     29.9
                                     29.9
                                      0.0
Pesticides: DPR Regulation
                                     17.9
                                     19.3
                                      1.4
District Emissions Sources
                                      261
                                      256
                                     -5.0
All Other State and Federal Emissions Sources
                                      26
                                      26
                                      0.0
Totals:
                                      409
                                      403
                                     -6.0

     Source: 2011 Ozone SIP Revision Supplement, Attachment 1.
                                  Table D-10
               Emissions Reductions from State Defined Measures
                              San Joaquin Valley
                          (tons per summer day, 2023)
State Measures
                                      NOx
                                      VOC
Smog Check Improvements
                                      1.0
                                      3.0
Cleaner In-Use Heavy-Duty Trucks & Buses
                                     16.9
                                      0.9
Accelerated Intro. Of Cleaner Line-Haul Locomotives
                                      0.0
                                      0.0
Cleaner In-Use Off-Road Equipment (>25hp)
                                      1.9
                                      0.2
New Emission Standards for Recreational Boats
                                      0.0
                                      0.0
Expanded Off-Road Recreational Vehicles Standards
                                      --
                                      0.0
Consumer Products Program
                                      --
                                      5.0
Pesticides: DPR Regulation
                                      --
                                      1.2
Totals:
                                     19.8
                                     10.3

 Source:  Source: 2009 State Strategy Status Report, p. 6. Only defined measures with VOC and/or NOx reductions in the SJV are shown here.
                                  Table D-11
          Creditable Emissions Reductions from State Defined Measures
                              San Joaquin Valley
                          (tons per summer day, 2023)
                                 State Measure
                                      NOx
                                      VOC
Smog Check Improvements
                                      1.0
                                      3.0
Cleaner In-Use Heavy-Duty Trucks & Buses
                                     16.9
                                      0.9
Accelerated Intro. Of Cleaner Line-Haul Locomotives
                                      0.0
                                      0.0
Cleaner In-Use Off-Road Equipment (>25hp)
                                      1.9
                                      0.2
New Emission Standards for Recreational Boats
                                      0.0
                                      0.0
Expanded Off-Road Recreational Vehicles Emissions Standards
                                      --
                                      0.0
Consumer Products Program
                                      --
                                      5.0
Totals:
                                     19.8
                                      9.1

3.  Evaluation and Conclusions
a.  Baseline Measures
      As shown in Table F-1, the majority of the NOx emissions reductions and a substantial fraction of the VOC emissions reductions needed to demonstrate attainment of the 1997 8-hour ozone standard in the SJV come from baseline measures. These reductions come from a combination of District and State measures. Reductions needed to demonstrate RFP come entirely from baseline and adopted control measures. See section II.G. of this TSD
      In the past two decades, SJVAPCD has adopted (and in many case revised each several times) more than 70 prohibitory rules that limit emissions of either NOx or VOC including all of the rule adoptions/revisions it committed to as part of its 2007 Ozone Plan. See Appendix B and Table D-1. These rules include controls for boilers, numerous solvent source categories, oil production and refining operations, and agricultural sources. The great majority of these rules and rule revisions are currently SIP approved and as such their emissions reductions are fully creditable in attainment and RFP demonstrations and for other CAA requirements.
      California has adopted standards for many categories of on- and off-road vehicles and engines, gasoline and diesel fuels, and numerous categories of consumer products. The State's measures fall within two categories: measures for which the State has obtained or has applied to obtain a waiver of federal pre-emption under CAA section 209 ("section 209 waiver measure" or "waiver measure") and those for which the State is not required to obtain a waiver ("non-waiver measure"). See EPA's proposed approval and final approval of the SJV 1-Hour Ozone Plan at 74 FR 33933, 33938, (July 14, 2009) and 75 FR 10420, 10424 (March 8, 2010).
i.  Section 209 Waiver Measures
      A waiver under CAA section 209 is, in general, required for most of California's on- and non-road vehicle or engine standards. Examples of State waiver measures are: low emission vehicle program, heavy duty bus standards, and small off-road engine standards. A list of California's waiver measures can be found in the Appendix A of this TSD.
      California's motor vehicle emissions control program predates the first federal statute regulating motor vehicle emissions, the Motor Vehicle Air Pollution Control Act of 1965 (which amended the CAA of 1963). In further CAA amendments, referred to as the Air Quality Act of 1967 (Pub. L. 90-148), Congress allowed the State of California, and only California, a waiver of the Air Quality Act's pre-emption of state emissions standards for new motor vehicles or new motor vehicle engines because of California's pioneering efforts and unique problems. This was not changed when the statute was amended in 1970. The 1977 amendments to the CAA expanded the flexibility granted to California in order "to afford California the broadest possible discretion in selecting the best means to protect the health of its citizens and the public welfare." (H.R. Rep. No. 294, 95th Congr., 1st Sess. 301-2 (1977). So long as California determines that its motor vehicle standards are "in the aggregate" at least as protective of public health and welfare as applicable federal standards, title II of the CAA requires EPA, unless it makes certain findings, to waive the Act's general prohibition on state adoption and enforcement of standards relating to the control of emissions from new motor vehicles or new motor vehicle engines. See CAA section 209, subsections (a) and (b).
      As part of the 1990 Amendments to the CAA, Congress enacted subsection (e) of section 209. In nearly identical language to subsections (a) and (b) of section 209, subsection (e) sets forth the federal pre-emption of state emissions standards for non-road vehicles or engines but allows the State of California, and only California, a waiver of pre-emption (with certain exceptions) under criteria that mirror the section 209(b) waiver provisions for motor vehicles.
      In EPA's review of the California SIP and its many revisions, EPA has historically allowed emissions reduction credit for the motor vehicle emissions standards that are subject to a section 209(b) waiver without requiring California to submit the standards themselves to EPA for approval as part of the California SIP. In this respect, EPA treated these rules similarly to the federal motor vehicle control requirements, which EPA has always allowed states to credit in their SIPs without submitting the program as a SIP revision. Since 1990, EPA has treated California non-road standards for which EPA has issued waivers in the same manner as California motor vehicle standards, i.e., allowing credit for standards subject to the waiver process without requiring submittal of the standards as part of the SIP. In so doing, EPA has treated the California non-road standards similarly to the Federal non-road standards, which are relied upon, but not included in, various SIPs.
      Credit for Federal measures, including those that establish on-road and non-road standards, notwithstanding their absence in the SIP, is justified by reference to CAA section 110(a)(2)(A), which establishes the following content requirements for SIPs: "... enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), ... , as may be necessary or appropriate to meet the applicable requirements of this chapter." (emphasis added). Federal measures are permanent, independently enforceable (by EPA and citizens), and quantifiable without regard to whether they are approved into a SIP, and thus EPA has never found such measures to be "necessary or appropriate" for inclusion in SIPs to meet the applicable requirements of the Act. Section 209 of the CAA establishes a process under which EPA allows California's waiver measures to substitute for Federal measures, and like the Federal measures for which they substitute, EPA has historically found, and continues to find, based on considerations of permanence, enforceability, and quantifiability, that such measures are not "necessary or appropriate" for California to include in its SIP to meet the applicable requirements of the Act.
      First, with respect to permanence, we note that, to maintain a waiver, CARB's on-road waiver measures can be relaxed only to a level of aggregate equivalence to the Federal Motor Vehicle Control Program (FMVCP). See section 209(b)(1). In this respect, the FMVCP acts as a partial backstop to California's on-road waiver measures (i.e., absent a waiver, the FMVCP would apply in California). Likewise, Federal non-road vehicle and engine standards act as a partial backstop for corresponding California non-road waiver measures. The constraints of the waiver process thus serve to limit the extent to which CARB can relax the waiver measures for which there are corresponding EPA standards, and thereby serve an anti-backsliding function similar in substance to those established for SIP revisions in CAA sections 110(l) and 193. Meanwhile, the growing convergence between California and EPA mobile source standards diminishes the difference in the emissions reductions reasonably attributed to the two programs and strengthens the role of the Federal program in serving as an effective backstop to the State program. In other words, with the harmonization of EPA mobile source standards with the corresponding State standards, the Federal program is becoming essentially a full backstop to most parts of the California program.
      Second, as to enforceability, we note that the waiver process itself bestows enforceability onto California to enforce the on-road or non-road standards for which EPA has issued the waiver. CARB has as long a history of enforcement of vehicle/engine emissions standards as EPA, and CARB's enforcement program is equally as rigorous as the corresponding EPA program. The history and rigor of CARB's enforcement program lends assurance to California SIP revisions that rely on the emissions reductions from CARB's rules in the same manner as EPA's mobile source enforcement program lends assurance to other state's SIPs in their reliance on emissions reductions from the FMVCP. While it is true that citizens and EPA are not authorized to enforce California waiver measures under the Clean Air Act (i.e., because they are not in the SIP), citizens and EPA are authorized to enforce EPA standards in the event that vehicles operate in California without either California or EPA certification,
      As to quantifiability, EPA's historical practice has been to give SIP credit for motor-vehicle-related waiver measures by allowing California to include motor vehicle emissions estimates made by using California's EMFAC (and its predecessors) motor vehicle emissions factor model in SIP inventories. EPA verifies the emissions reductions from motor-vehicle-related waiver measures through review and approval of EMFAC, which is updated from time to time by California to reflect updated methods and data, as well as newly-established emissions standards. (Emissions reductions from EPA's motor vehicle standards are reflected in an analogous model known as MOBILE.) The EMFAC model is based on the motor vehicle emissions standards for which California has received waivers from EPA but accounts for vehicle deterioration and many other factors. The motor vehicle emissions estimates themselves combine EMFAC results with vehicle activity estimates, among other considerations. See the 1982 Bay Area Air Quality Plan, and the related EPA rulemakings approving the plan (see 48 FR 5074 (February 3, 1983) for the proposed rule and 48 FR 57130 (December 28, 1983) for the final rule) as an example of how the waiver measures have been treated historically by EPA in California SIP actions. The San Joaquin Valley plan was developed using a version of the EMFAC model referred to as EMFAC2007, which EPA has approved for use in SIP development in California. See 73 FR 3464 (January 18, 2008). Thus, the emissions reductions that are from the California on-road "waiver measures" and that are estimated through use of EMFAC are as verifiable as are the emissions reductions relied upon by states other than California in developing their SIPs based on estimates of motor vehicle emissions made through the use of the MOBILE model.
      Moreover, EPA's waiver review and approval process is analogous to the SIP approval process. First, CARB adopts its emissions standards following notice and comment procedures at the state level, and then submits the rules to EPA as part of its waiver request. When EPA receives new waiver requests from CARB, EPA publishes a notice of opportunity for public hearing and comment and then publishes a decision in the Federal Register following the public comment period. Once again, in substance, the process is similar to that for SIP approval and supports the argument that one hurdle (the waiver process) is all Congress intended for California standards, not two (waiver process plus SIP approval process). Second, just as SIP revisions are not effective until approved by EPA, changes to CARB's rules (for which a waiver has been granted) are not effective until EPA grants a new waiver, unless the changes are "within the scope" of a prior waiver and no new waiver is needed. Third, both types of final actions by EPA--i.e., final actions on California requests for waivers and final actions on state submittals of SIPs and SIP revisions -- may be challenged under section 307(b)(1) of the CAA in the appropriate United States Court of Appeals.
      Further statutory support for EPA's long-standing practice is found in CAA section 193. CAA section 193, enacted as part of the 1990 Amendments to the CAA, is a general savings clause that provides for, among other things, EPA statutory interpretations that predate those amendments to remain in effect so long as not inconsistent with the Act. At the time it enacted section 193, Congress did not insert any language into the statute rendering EPA's consistent prior treatment of California's motor vehicle standards inconsistent with the Act. Moreover, where Congress intends state control measures that are otherwise pre-empted under title II of the Clean Air Act to be incorporated into SIPs, it has required that explicitly. See, e.g., section 211(c)(4)(C) (State fuels regulations), section 211(m) (oxygenated gasoline regulations), and section 246 (centrally fueled fleets). Thus, in section 193, Congress effectively ratified EPA's longstanding pre-1990 practice of allowing emissions reduction credit for California standards subject to the waiver process notwithstanding the absence of the standards in the SIP itself.
      As noted above, under the CAA Amendments of 1990, Congress enacted subsection (e) of section 209. In nearly identical language to subsections (a) and (b) of section 209, subsection (e) sets forth the federal pre-emption of state emissions standards for non-road vehicles or engines but allows the State of California, and only California, a waiver of pre-emption (with certain exceptions) under criteria that mirror the section 209(b) waiver provisions for motor vehicles. Congress is presumed to be aware of agency interpretations and its subsequent revision of the statute to add subsection (e) without overruling EPA's interpretation with respect to motor vehicle standards is further compelling evidence that the Agency correctly interpreted congressional intent with respect to crediting California requirements subject to a section 209 waiver without requiring California to submit the standards themselves to EPA for approval as part of the California SIP.
      We believe that section 193 of the CAA, the general savings clause added by Congress in 1990, effectively ratified our long-standing practice of granting credit for the California waiver rules because Congress did not insert any language into the statute rendering EPA's treatment of California's motor vehicle standards inconsistent with the Act. Rather, Congress extended the California waiver provisions to most types of non-road vehicles and engines, once again reflecting Congressional intent to provide California with the broadest possible discretion in selecting the best means to protect the health of its citizens and the public welfare. Requiring the waiver measures to undergo SIP review in addition to the statutory waiver process is not consistent with providing California with the broadest possible discretion as to on-road and non-road vehicle and engine standards, but rather, would add to the regulatory burden California faces in establishing and modifying such standards, and thus would not be consistent with Congressional intent. In short, we believe that Congress intended California's mobile source rules to undergo only one EPA review process (i.e., the waiver process), not two. Even if section 193 did not provide congressional acquiescence as to EPA's treatment of the standards, the Act's structure, evolution, and provision for the waiver of Federal pre-emption for California mobile source emissions standards, as discussed above, support EPA's long-standing interpretation of the CAA to allow California to rely on emissions reductions resulting from waiver measures in SIPs, notwithstanding the waiver measures' absence from the SIP itself.

ii. Non-waiver measures
      These measures include improvements to California's inspection and maintenance (I/M) program, SmogCheck, and cleaner burning gasoline and diesel regulations. Generally, the State's baseline non-waiver measures have been approved by EPA into the SIP and are fully creditable for meeting CAA requirements. See TSD, Appendix A.

      b. Control Strategy
      We propose to approve the SJVUAPCD's commitments to achieve specific aggregate emissions reductions of NOx and VOC by specific years as given in Table 6-2 of the 2007 Ozone Plan. We are not proposing to approve SJVAPCD's commitments to adopt and implement specific control measures on the schedule identified in Table 6-2 (as amended December 18, 2008) in the 2007 Ozone Plan because, as of August 16, 2011 with the adoption of the Rule 4655, these commitments have all been fulfilled.
      We are proposing to approve CARB's commitments to propose certain defined measures, as given in Table B-1 in 2011 Progress Report, Appendix B and 2011 Ozone SIP Revisions. Appendix A-3. See Table D-7 above. We are also proposing to approve CARB's commitment to achieve the total aggregate emissions reductions necessary to demonstrate RFP and to attain the 1997 8-hour ozone standard in the SJV as given in CARB Resolution 07-28 (September 27, 2007), Appendix B, p. 3, whether these reductions are realized from the new measures, alternative control measures, incentive programs, or other emissions decreases in the area. See. This commitment is shown in Table D-6 above.
      The SJV Ozone Plan and State Strategy, as adopted in 2007 demonstrates that a 75 percent reduction in NOx emissions from the 2002 base year level is necessary to attain the 1997 8-hour ozone standard. A 75 percent reduction from the 2002 base year level equates to an attainment target level of 160 tpd NOx. See 2007 State Strategy, p. 70. In the 2011 Ozone SIP Revisions, CARB revised the 2002 base year NOx emissions downward by 12 percent. This revision to the base year inventory resulted from changes to inventorying methodologies. See Section II.A. of this TSD.
      Both CARB and EPA recognize that the ideal approach for evaluating the impact of these base year inventory changes on the attainment target would be to perform new air quality modeling. Both Agencies also recognize the time and effort involved in such modeling for an area that is as large and diverse as the San Joaquin Valley. As part of its 2011 Ozone SIP Revisions, CARB has committed to update the SJV 2007 Ozone Plan modeling to reflect the emissions inventory improvements and any other new information by December 31, 2014 or by the date the SIPs are due for the revised 8-hour ozone standard whichever comes first. See CARB Resolution 11-22, p. 3 and 2011 Ozone SIP Revisions, p. B-8.
      As part of the technical support for the 2011 Ozone SIP Revisions, CARB qualitatively evaluated the impact on the attainment target of the revision to this base year inventory and concluded that the 160 tpd target remains viable. See 2011 Ozone SIP Revisions, p. B-9. The 160 tpd target represents a 72 percent reduction off the revised 2002 base year level. CARB, however, also recognized that a 75 percent reduction from the revised baseline (an attainment target level of 141.3 tpd) is the outside bound of the NOx reductions needed to attainment the 1997 8-hour ozone standard in the SJV and reaffirmed its 2007 State Strategy commitment to achieve all emissions reductions that are necessary to provide for attainment. See CARB Resolution 11-22, p. 3.
      As EPA stated in its comment letter on the proposed 2011 Ozone SIP Revisions, we believe that the current model's estimate that a 75 percent reduction from the base year NOx emissions level provides the best available estimate of the NOx reductions needed to reach attainment. See Letter, Deborah Jordan, EPA Region 9, to James Goldstene, CARB, July 20, 2011. In our letter, we recommended that CARB commit to revising the modeling by a specific date and that, in the interim, it also commit to achieving a 75 percent reduction in NOx from the revised 2002 base year levels by 2023. We noted that these recommendations are consistent with CARB's continuing strong commitment and efforts to achieve the emission reductions needed for attainment of the air quality standards in the San Joaquin Valley and the rest of California.
      In response, CARB included a commitment to update the 2007 SIP modeling for the SJV to reflect emissions inventory improvements and reaffirmed its commitment to achieve the emissions reduction necessary to provide for attainment. CARB has stated that these commitments are sufficient to address the concerns we raised in our comment letter. See letter, Lynn Terry, CARB, to Deborah Jordan, EPA Region 9, August 10, 2011 submitting supplement information in support of the 2011 Ozone SIP Revisions.
      EPA notes that the reductions needed to reach a target level of 141 tpd relative  to the reductions needed to meet a target level of 160 tpd are attributed to CARB's long-term commitment which is discussed in the next section.

E.  CAA Section 182(e)(5) New Technologies Provision
1.  Requirements of the CAA Section 182(e)(5) New Technologies Provision
For ozone nonattainment areas classified as extreme, the CAA recognizes that these areas may have to rely to a certain extent on new or evolving technologies to achieve the emissions reductions needed to demonstrate attainment, given the relatively long time between developing the initial plan and the degree of emissions reductions needed to attain the standard. These measures would include those that may anticipate future technological developments or future improvements in existing technology as well as those that may require complex analyses and decision making and coordination among a number of government agencies.
CAA section 182(e)(5) allows EPA to approve provisions in an extreme area nonattainment area plan which anticipate development of new control technologies, or improvement of existing control technologies and to approve an attainment demonstration based on these provisions. However, before EPA can approve these provisions and the attainment demonstration, the state must demonstrate that:
      1. the provisions are not necessary to achieve the incremental reductions required during the first 10 years after November 15, 1990;  and
      2. the State has submitted enforceable commitments to develop and adopt contingency to be implemented if the anticipated technologies do not achieve the planned reductions.
Under section 182(e)(5), the State must submit its contingency measures no later than 3 years before the original long-term measure was to have been implemented, and they must be adequate to produce emissions reductions sufficient, in conjunction with other approved plan provisions, to achieve the periodic emissions reductions and to attain the ozone standard by the applicable dates. If EPA determines that the extreme area has failed to achieve an emissions reductions requirement set forth in section 182 (b)(1) or (c)(2) and that such failure is due in whole or part to an inability to fully implement the provisions related to new technologies approved pursuant to section 182(e)(5), the Administrator will require the State to implement the contingency measures to the extent necessary to ensure compliance with the emissions reduction requirements of section 182 (b)(1) and (c)(2). EPA will set a schedule for implementing contingency measures upon making a finding of failure to meet a milestone.
The General Preamble further provides that the new technology measures contemplated by section 182(e)(5) may include those that anticipate future technological developments as well as those that require complex analyses, decision making and coordination among a number of government agencies. See General Preamble at 13524. An attainment demonstration that relies on long-term new technology measures under section 182(e)(5) must identify any such measures and contain a schedule outlining the steps leading to final development and adoption of the measures. Id. The General Preamble also provides that EPA will set a schedule for implementing contingency measures upon making a finding of failure to meet a milestone, i.e., to achieve the periodic emissions reductions required by CAA sections 182(b)(1) or (c)(2) or to attain by the applicable dates. Id.

      2.  CAA Section 182(e)(5) New Technologies Provision in the SJV 2007 8-Hour Ozone SIP
      The 2007 8-Hour Ozone SIP demonstrated that 81 tpd of NOx reductions from long-term measures (CARB terminology for the new technologies provisions) were needed in order to attain the 1997 8-hour ozone standard in the SJV by 2024. The District's and State's long-term strategies are discussed in section 11.5 of the 2007 Ozone Plan (pp. 11-5 to 11-10) and on page 54-57 in the 2007 State Strategy. Additional information and updates have been provided by the District in the 2010 Ozone MCR (sections 5 and 6) and the State in the 2009 State Strategy Update (p. 25) and the 2011 Ozone SIP Revisions (Appendix A-4)
To determine if existing technologies could provide sufficient emissions reductions for attainment, CARB analyzed whether current and foreseeable mobile source NOx controls, if fully deployed, would provide sufficient emissions reductions for attainment in the San Joaquin Valley by 2020. See 2007 State Strategy, p. 54. For this analysis, CARB assumed that all passenger cars would be 10 years old or younger, all diesel trucks would meet the 2010 NOx standards, all diesel construction and farm equipment would meet the most stringent tier 4 standards, all locomotives would meet U.S. EPA's then-proposed 2017 NOx standards, and all the new stationary sources measure in the 2007 Ozone Plan would be fully implemented. This fiscally-unconstrained scenario showed that in 2020 the SJV would still be approximately 35 tpd above its attainment target of 160 tpd of NOx. Id.
The District also evaluated the impact of accelerating the deployment of the cleanest-available on- and off-road engines through incentive fund grants. The District found that even with an investment of $2.5 billion between 2007 and 2023 and no other technology or logistic constraints, portions of the SJV would still not meet the 1997 8-hour ozone standard. 2007 Ozone Plan, Chapter 7.
      CARB has provided a list of potential long-term control measures which include reduced deterioration of emission control equipment in passenger vehicles, tighter engine emission standards, cleaner ground support equipment at airports, and prioritizing federal transportation funding to support air quality goals. See pp. 56-57 of the 2007 State Strategy. It has also provided updates to its list of potential long-term measures in both the 2009 State Strategy update and the 2011 ozone SIP revision. See 2009 State Strategy Status Report, pp. 25-27 and 2011 Ozone SIP Revision, Appendix A, pp. A-8 to A-12.
To implement the long-term strategy, CARB has committed to a process that will help ensure that the long-term measures are adopted and that reductions are achieved by the beginning of the last full ozone season before the attainment date. CARB is coordinating a government, private and public effort to establish emission goals for critical mobile and stationary emission source categories. The effort includes periodic assessment of technology advancement opportunities and updates to the Board and the public regarding new emission control opportunities and progress in achieving the long-term measure reductions. CARB's commitment for implementing the long-term strategy also includes (a) sharing the results of its efforts to identify emerging emissions reduction opportunities, promising technologies, and  the progress made in developing long-term emission reduction measures with the public through periodic briefings to the Board, workshops, conferences, symposia, website postings and other means, (b) working to secure resources in the future for continuing research and development of new technologies, and (c) development of schedules for moving from control technology research to implementation. Id.
An initial step in the long-term strategy was the signing of a Memorandum of Agreement (MOA) between the U.S. EPA, CARB and the South Coast and San Joaquin Valley Air Districts to commit to developing and testing new sustainable technologies to accelerate progress in meeting air quality goals. The goal of the MOA is to improve air quality by aligning agency research resources, where possible and appropriate, to evaluate innovative technologies that have the potential to reduce emissions, and to develop and assess new monitoring equipment to better measure mobile and stationary source emissions. These agencies also intend to coordinate research efforts with other public and private stakeholders, including other federal departments and agencies and other local and state entities with the goal of using the resources and capacities of a wide sector of government and the business community in projects to develop, demonstrate, and assess new technologies for clean air.
The agencies involved in the MOA have also established a Clean Air Technology Working Group to help bring together the necessary participants (e.g., scientists, engineers, analysts and agency specialists) to achieve the goals of the MOA. 2009 State Strategy Status Report, pp. 25-27. For the San Joaquin Valley, the focus has been on an area that straddles Kern and Tulare counties, which is impacted by mobile source emissions from the goods movement corridor of Highway 99 and Interstate 5, and stationary sources from a variety of emissions sources such as energy production facilities, farms, and agricultural processing operations. The City of Bakersfield is within the focus area of the pilot project. Bakersfield has the highest wintertime PM concentrations in the Valley, and the city of Arvin nearby has some of the highest 8-hour ozone concentrations in the summer.
Other State programs that may achieve emissions reductions to help meet CARB's 182(e)(5) commitment include:
         * potential co-benefits from California's climate change programs where State legislation (Assembly Bill 32  -  Global Warming Solutions Act of 2006 (AB 32)) aims to reduce greenhouse gases (GHG) in 2020 to 1990 levels or by about 30%. Reducing emissions from combustion sources is at the core of California's AB32 Scoping Plan and is also central to meeting the federal ozone standard. Regulations adopted as part of AB32 will provide emissions reductions that will be incorporated into future air quality plans for ozone and fine particles.
         * California's Air Quality Improvement Program (AQIP) is an incentive program administered by CARB to fund clean vehicle and equipment projects, research on biofuels production, and the air quality impact of alternative fuels, as well as workforce training. The program supports the deployment of hybrid and zero-emission vehicles and other advanced technologies today in order to achieve the large-scale reductions needed in the future. California's large funding commitment for hybrid truck technology provides emissions benefits today as well as likely enabling heavy-duty hybrid trucks to become commonplace in the near future through encouraging production economies of scale. AQIP is also providing vehicle purchaser incentives for zero emission passenger vehicles, plug-in hybrid cars, electric lawnmowers, and demonstration projects for cleaner marine and locomotive engines.
         * California's annual research program, which identifies projects and provides funding to help provide timely scientific and technical information needed for State and local air quality control programs. Specifically, this program supports CARB's mission to understand air pollution health effects and exposures, develop and implement strategies to reduce GHG emissions and energy consumption, and support the development of technologies and non-technological strategies that address multiple air quality priorities.
In addition to its commitment to the process discussed above, CARB has committed to submit an 8-hour ozone SIP revision by 2020 that will: (1) reflect modifications to the 2023 emission reduction target based on updated science and (2) identify additional strategies and implementing agencies needed to achieve the needed reductions by the beginning of the 2023 ozone season. See 2011 Ozone SIP Revision, p. A-8.
CARB's 2011 Ozone SIP Revision updates and reaffirms both the "long-term strategy commitment to identify and implement advanced technologies to reduce ozone-forming emissions in the State Strategy" and the State's enforceable commitment "to develop, adopt, and submit contingency measures by 2020 if advanced technology measures do not achieve planned reductions." See CARB Resolution 11-22, July 21, 2011. Finally, CARB has committed to meet annually with EPA to discuss strategies to maximize the clean air benefits of emerging advanced technologies and to provide annual summaries of strategies and activities.  In the 2011 Ozone SIP Revision, CARB reasserts its commitment to ensure that measures are identified no later than 2020 and the emissions reductions are achieved by 2023. 2011 Ozone SIP Revision, Appendix A, p. A-8.
      In addition, the District is pursuing innovative strategies. Its "Fast Track" strategy includes opportunities to reduce emissions from heavy-duty trucks by shifting goods movement to lower-emission alternatives, such as short-sea shipping. In 2010, the U.S. Department of Transportation awarded the Ports of Stockton, West Sacramento, and Oakland with a $30 million grant to move goods between Oakland and the two inland ports over the San Joaquin-Sacramento Delta.
      The District has also adopted a Technology Advancement Program (TAP) which is its strategic approach to encouraging innovation and development of new emission reduction technologies. The TAP will consist of an ongoing review of new technology concepts, interagency partnerships, funding for technology advancement programs, and collaborations to build and expand local capacity for research and development in the SJV. For more information about the SJV TAP, see http://www.valleyair.org/Grant_Programs/TAP/tap_idx.htm. In addition to the TAP, the District has established a Regional Energy Efficiency Strategy to support technology development and deployment in the Valley. The Regional Energy Efficiency Program lays out goals and measures that will guide the District's actions to reduce emissions caused by electricity and natural gas consumption in residential, industrial, and institutional settings. See 2011 Ozone SIP Revisions, pp. A-11 to A-12.

3.  Evaluation and Conclusion
CARB and the SJVAPCD have demonstrated a clear need for emissions reduction from new and improved control technologies to reduce air pollution in the SJV. The adopted control measures and enforceable commitments, discussed in section II.D. above, provide the majority, but not all, of the balance of the emissions reductions needed to attain by June 15, 2024. See Table F-3. For the balance of the reductions needed for attainment, the SJV 2007 8-Hour Ozone Plan relies on the State's and District's long-term strategy to develop and deploy new technologies as is allowed under CAA section 182(e)(5).
Based on our review of the new technologies provisions in the SJV 2007 8-Hour Ozone SIP, we are proposing to approve the CARB's and District's long-term strategy provisions and related commitments in the SJV 2007 8-Hour Ozone SIP under CAA section 182(e)(5). This proposal is based on our proposed findings that these provisions satisfy the two criteria in CAA section 182(e)(5)(A) and (B).
First, the SJV 2007 8-Hour Ozone SIP does not rely on any of the new technology reductions to demonstrate RFP in any milestone year between 2008 and 2020. Already adopted measures provide for the required RFP in each milestone year from 2008 until the attainment year of 2023. See 2011 Ozone SIP Revision, p. A-3 and section II.G. of this TSD.
Second, CARB has submitted an enforceable commitment to submit adopted contingency measures to EPA by 2020 as required by CAA section 182(e)(5). See CARB Resolution 11-22, July 21, 2011. These contingency measures must be adequate to produce emissions reductions sufficient, in conjunction with other approved plan provisions, to achieve the periodic emissions reductions required by CAA sections 182(b)(1) or (c)(2) and to attain by the applicable dates. See CAA 182(e)(5). Following the State's submittal of these contingency measures, EPA will approve or disapprove the provisions in accordance with CAA section 110.
Both the CARB and the District have taken steps to research, demonstrate and deploy technologies for achieving the needed reductions. These steps include establishing a Technology Advancement Program and funding incentive programs. Both CARB and the District have made commitments to research, evaluate, adopt and implement long-term measures as they are identified. See 2011 Ozone SIP Revision, Appendix A, pp. A-8-A-12.
The 2007 State Strategy includes commitments by CARB to develop and submit revisions to the Strategy by no later than 2020 that will: (1) reflect modifications to the 2023 emission reduction target based on updated science and (2) identify additional strategies and implementing agencies needed to achieve the needed reductions by 2023. See 2011 Ozone SIP Revision, p. A-8. The District also committed to make by the end of 2019 the necessary revisions.
      CARB has also committed to achieve 81 tpd of NOx reductions in 2023 through new technology measures approved under section 182(e)(5). We note that the amount and relative proportion of reductions from measures scheduled for long-term adoption under section 182(e)(5), as compared to measures already adopted in regulatory form or scheduled for near-term adoption, should clearly decrease in any future SIP update, and that EPA will not approve a SIP revision that contains an increase in the amount or relative proportion of section 182(e)(5) new technology measures without a convincing showing in a SIP revision that the technologies relied upon in the near-term rules have been found to be technologically infeasible or ineffective in achieving the expected emissions reductions.

F.  Attainment Demonstration
1.  Requirement for Attainment Demonstrations
      CAA section 182(c)(2)(A) requires states with ozone nonattainment areas classified as serious or above to submit plans that demonstrate attainment of the applicable standard as expeditiously as practicable but no later than the applicable attainment date. Under the ozone implementation rule (40 CFR § 51.908), the attainment demonstration is due within three years of the area's designation as nonattainment and should include:
      (1) technical analyses to locate and identify sources of emissions that are causing violations of the 8-hour ozone NAAQS within the nonattainment area;
      (2) adopted measure with schedules for implementation and other means and techniques necessary and appropriate for attainment; and
      (3) contingency measures required under section 172(c)(9) of the CAA.
See 70 FR 71612 at 71615.
      The requirements for items 1 and 2 are described in the emissions inventory, air quality modeling, and RACM sections of this TSD. Requirements for item 3 are discussed in the contingency measures sections of this TSD. In this section, we evaluate how these items taken together provide for attainment of the 1997 8-hour ozone NAAQS in the San Joaquin Valley as expeditiously as practicable

2.  Attainment Demonstration in the SJV 2007 8-Hour Ozone SIP
      The attainment demonstration in the 2007 Ozone Plan is given in Section 11.2. It is summarized in Table F-1 below. Table F-2 shows the contributions by the District and CARB to the control strategy.
      Since adoption and submittal of the 2007 State Strategy and the 2007 Ozone Plan, both CARB and the District have adopted most of the measures in their Strategy/Plan, and many have been approved by or submitted to EPA. See Tables D-3 and D-6. The State has also revised parts of the base year and future year baseline emissions inventory to reflect improved methodologies and data. The effect of these revisions to the attainment demonstration are shown in Table F-3.

                                   Table F-1
                   Summary of Reductions Needed for SJV's
           Ozone Attainment Demonstration as Submitted November 2007
                          (tons per summer day, 2023)

                                      VOC
                                      NOx
                                       A
2006 baseline emissions level
                                      450
                                      650
                                       B
2023 attainment target level
                                      342
                                      160
                                       C
Total reductions needed from 2002 baseline levels to attain in 2023
                                      108
                                      490
                                       D
2023 baseline emissions level
                                      409
                                      295

                                       E
Reductions from baseline measures
                                      41
                                      355

% of reductions needed for attainment from baseline measures
                                      38%
                                      72%

                                       F
Reductions needed from control strategy measures
                                      67
                                      135

% of reductions needed for attainment from control strategy measures including new technologies
                                      62%
                                      28%

 Source:  CARB Staff Report on the 2007 Ozone Plan, Tables 6 (Lines A, B and D) and 14 (Lines C, E, and F).

                                   Table F-2
Summary of Control Strategy Reductions by Agency in the Attainment Demonstration as Submitted November 2007
                             (tons per summer day)

                                      VOC
                                      NOx
                                       A
Total reductions needed from baseline and control strategy measures to attain
                                      108
                                      490
                                       B
Total reductions from control strategy measures
                                      67
                                      135

                                       C
District commitments/measures
                                      47
                                       9

% of total control strategy reductions from District commitments
                                      70%
                                      7%

                                       D
State commitments
                                      23
                                      46

% of total control strategy reductions from State commitments
                                      30%
                                      34%

                                       E
New technology
                                       -
                                     80[1]

% of total control strategy reductions from new technologies
                                       -
                                      59%