In specific terms, the future case model assumes that the Houston SIP controls will be in place and effective by 2007, the attainment year for the San Antonio area. If the controls are not in place early enough, Houston's emissions will continue to affect San Antonio during 2005, 2006 and 2007, the three years that will be used to calculate the attainment year design value. Since attainment year modeling predicts that San Antonio will be below the 8 hour ozone standard by less than one part per billion, any weakening or delay in the implementation of Houston controls will affect San Antonio, as well as Austin and the rest of Central Texas.

Nevertheless, the San Antonio region is going beyond the attainment analysis requirements and is petitioning the state and federal partners to enact further local clean air strategies to control its own sources and lower ozone levels still further. These actions are consistent with the goals and letter of the Early Action Compact protocol.

Some of the transport determinations described in Appendix M are based strictly on modeling results for a specific time period; however, there is a variety of additional evidence that indicates SAER ozone levels are significantly impacted by transport. These include smoke and haze events tracked by the Navy Aerosol Analysis and Prediction System and other agencies' monitoring programs, as described in appendix M.

4.5 CONCLUSION 1 hour average ozone readings at or above 125 ppb are relatively rare, at five since 1995. One of these was disqualified for regulatory purposes as associated with the May 1998 Mexican smoke event. The eight hour design value, from 1980 to 2003, has exceed the 8 hour average ozone standard seventeen times, yet this design value has only exceeded 88 ppb once ( 1982). SIP Revision Attainment Demonstration for the San Antonio EAC Region 63 These ozone average values, while relatively mild, are frequently at or above the 8 hour average ozone standard. Many of the factors conducive to ozone production, including daily temperatures above 95 º F, low wind speeds, high solar radiation, and wind patterns conducive to transport ( see Appendices A and M) are present in San Antonio during the ozone season.

In all, San Antonio is a region that has typical conditions for moderate to high ambient ozone levels. The trend indicated by the 1980 2003 design value is simply one of sustained levels as read on this graph. The data analysis contained throughout this document reinforces the predictability of these readings. SIP Revision Attainment Demonstration for the San Antonio EAC Region 64 CHAPTER 5: CLEAN AIR STRATEGIES Table 5 1. SAER VOC Emission Reduction Estimates for an Average Weekday ( Wednesday).

September 1999 Base Case Emissions Inventory 1999 Base Case ( tpd) Percent of 1999 Total 2007 Future Base 2007 Future Control Strategy ( tpd) Percent of 2007 Total Area and Non road sources 130 27% 115 109 26%

Point sources 7 1% 13 14 3%

On road mobile sources 89 18% 51 52 11%

Biogenic sources 263 54% 263 263 60%

TOTALS 489 100% 442 437 100%

Table 5 2. SAER NOx Emission Reduction Estimates for an Average Weekday ( Wednesday).

September 1999 Base Case Emissions Inventory 1999 Base Case ( tpd) Percent of 1999 Total 2007 Future Base 2007 Future Control Strategy ( tpd) Percent of 2007 Total Area and Non road sources 48 15% 47 47 21%

Point sources 101 32% 75 75 33%

On road mobile sources 144 46% 82 82 37%

Biogenic sources 21 7% 21 21 9%

TOTALS 314 100% 225 225 100%

5.1 INTRODUCTION The Clean Air Plan, which incorporates the Early Action Compact, was designed to develop and implement control strategies, account for growth, and achieve and maintain the 8 hour ozone standard. The EAC requires that clean air strategies, or methodologies for lowering ozone concentrations to acceptable levels, be developed to meet the region's clean air challenge. The technical analysis of the photochemical modeling used to demonstrate the effectiveness of the control strategies is performed by the staff of AACOG and has been reviewed and approved by the AIR Committee, the staff of AACOG, the TCEQ, and the EPA. ( AACOG, 2002 pgs. 3, 6)

Section d) of Chapter 4 in the Clean Air Plan for the San Antonio region lists the requirements for clean air strategies development once the base case and future case modeling is complete. The future and base case accounts for all Federal, State, and local controls that have been or will be adopted by 2007. The base and future case SIP Revision Attainment Demonstration for the San Antonio EAC Region 65 modeling has been developed based on AACOG's September 1999 photochemical model. Tables 5 1 and 5 2 detail VOC and NOx emissions that are inputs in the base case and future case. The tables also contain the emission reductions by the selected clean air measures.

The requirements for clean air strategy development and selection are listed below:   After all adopted Federal and State controls that have been or will be implemented by the attainment date of December 31, 2007, are accounted for in the modeling, the area will identify additional local controls, as necessary, to demonstrate attainment of the 8 hour standard on or before December 31, 2007. These local controls will be specific, quantified, permanent, and enforceable control strategies. All controls will include specific implementation dates, as well as detailed documentation and reporting processes.   Controls will be implemented as soon as practicable, but not later than December 31, 2005.   Controls will be designed and implemented by the community with full stakeholder participation.   All control measures will be incorporated by the state into the State Implementation Plan, which will be submitted to the EPA for review and approval. In the event that areas wish to add or substitute measures after SIP submittal, plan modifications will be treated as SIP revisions and facilitated by the state. ( AACOG, 2002 pg. 18)

Following the guidance provided by the EAC assures that the selection of the Clean Air Strategies are EPA and TCEQ compliant. This chapter will detail the strategies implemented on the federal, state, and local level as well as the emission reductions and effects the strategies will have on regional ozone levels.

The AIR Committee recommended three Clean Air Strategies for inclusion in the Clean Air Plan to local Early Action Compact signatory governments for their final approval. The strategies were:   Reid Vapor Pressure lowered to 7.2 pounds per square inch during the ozone season for the San Antonio region;   Degreasing Equipment Operation Controls, described in TAC, Title 30, Ch. 115; and   Stage I Vapor Recovery required of service stations of 25,000 gallons throughput of gasoline or more per month. The eight local governments which are signatories to the Early Action Compact for the San Antonio region deliberated these strategies during regularly scheduled meetings of their representatives ( i. e., during City Council meetings or during Commissioners' Court sessions). These meetings are open to the public and have meeting schedules published according to the Texas Open Meetings Act. All eight governments approved each of the three strategies specified above. Copies of their signed resolutions to this effect are attached to this Clean Air Plan document set.

The San Antonio EAC Region, acting through the AIR Committee, has incorporated these three strategies into the Clean Air Plan and requests that the Texas Commission on Environmental Quality take the necessary actions, including development of enforcement provisions, to implement these Clean Air Strategies. However, challenges to promulgation of these strategies have changed the amount and manner that credit can be taken for these strategies. SIP Revision Attainment Demonstration for the San Antonio EAC Region 66 5.1.1 Challenges to Local Clean Air Strategies During the Clean Air Strategy ratification phase, TCEQ and EPA notified AACOG staff of possible " challenges" to several of the clean air strategies that were under consideration by the EAC signatory governments. The challenges concerned the Clean Air Strategies requesting seasonal RVP 7.2 gasoline as well as the strategy requiring Degreasing Equipment controls.

Understanding a brief history of these challenges is important since the credit for these two locally enacted Clean Air Strategies was originally envisioned as SIP creditable.

Challenges: RVP Mayor Howard Peak of San Antonio requested a lower RVP level for all gasoline shipped into the San Antonio metropolitan region for the ozone season of 1999. His success brought seasonal 7.8 RVP gasoline to the area before that requirement became a regional law enacted by the state in the following year. 8 Lowering RVP from 7.8 to 7.2 has consistently been considered a potential new Clean Air Strategy for the San Antonio region since that success. It has remained under review by the AIR Technical Committee during the Early Action Compact strategy refinement process. Consideration of lower RVP received special prominence after AACOG staff announced, in December 2003,9 tentative agreement by EPA, AACOG and TCEQ technical staff that the 2007 design value for the San Antonio region was below 85 parts per billion. This was one of the results of a long process of review and verification regarding the performance of the September 13 10, 1999 photochemical model episode and its corresponding 2007 projection.

On the one hand, the determination that the 2007 design value for the region was below 85 ppb was a simple technical result that followed from the refinement of the photochemical model. On the other, the fact that the 2007 design value is below 85 ppb means, as a straightforward corollary, that no additional local controls ( beyond all adopted Federal and State controls that have been or will be implemented by the attainment date of December 31, 2007) are required to model attainment.

Despite the fact that the model showed attainment in 2007 without recourse to enactment of further Clean Air Strategies, the AIR Committee continued to support lower RVP as a locally enacted Clean Air Strategy.

On January 27, 2004, AACOG received communication from EPA's Region 6 office regarding Section 211 of the Clean Air Act. At that time, it was not clear whether Section 211 would apply to a lower RVP request by a region acting under the Early Action Compact. This was the first notification to AACOG that there might perhaps be existing law affecting some conditions of the request by the San Antonio area for lower RVP.

8 The current Texas State Regional Low RVP Gasoline program began May 1, 2000. It requires that all gasoline sold in 95 central and eastern Texas counties, including the San Antonio EAC region, have a maximum RVP of 7.8 psi from June 1 through October 1 of each year. http:// www. tnrcc. state. tx. us/ air/ ms/ fuelprograms. html 9 Modeled attainment in 2007 was first publicly announced during the December 15, 2003 meeting of the AIR Technical Committee. See the AIR Technical Committee meeting minutes of Dec. 15, 2003: < http:// www. aacog. com/ board/ comm_ agendas/ 12 15 03_ AIR_ TechMin_ Approved. pdf> SIP Revision Attainment Demonstration for the San Antonio EAC Region 67 During a regularly scheduled meeting of the AIR Executive/ Advisory Committees the following day, January 28, lower RVP received the formal endorsement by the committee as a strategy selected for ratification by the local EAC signatory governments. Prior to that endorsement, Cindy Morphew, Vice President for Environmental Affairs with the Texas Oil & Gas Association ( TxOGA) spoke before the AIR Executive/ Advisory Committees during the same meeting. 10 In effect, the general TxOGA membership was not supportive of developing further new fuel blends in our area, according to Ms. Morphew. 11 The eight local Early Action Compact signatory governments took up the formal endorsement of RVP as one of three Clean Air Strategies for their approval. The first government to consider this Clean Air Strategy set was the City of Seguin on February 3, 2004. The final government to consider them was Guadalupe Commissioners' Court on February 24, 2004. All eight local governments approved resolutions requesting the three strategies during that February 3  24 period.

On February 13, 2004, TCEQ provided AACOG some clarification12 regarding the circumstances allowing such a measure to be implemented in the local EAC SIP. According to EPA and TCEQ preliminary investigations, Section 211( c)( 4)( A) of the federal CAA prohibits state and federal governments from enforcing RVP as it was being requested. Such a measure can only be implemented in an EAC SIP if there are special circumstances. Detailed descriptions regarding Section 211 and its effect on the promulgation of lower RVP rules are provided in Appendix K. On February 17, 2004, an EPA Working Group confirmed their earlier interpretation of this provision, supporting TCEQ's opinion.

Resolution of Challenges: RVP   Given the formal approval of the EAC signatory governments, the San Antonio EAC region is committed to requesting that the state implement a 4 county EAC regional rule requiring gasoline stations to dispense gasoline with an RVP 7.2 during the months of March to October.   Given also the apparent enforcement prohibitions described above, the emissions reduction credits which would be expected through such a rule are not being placed in the SIP creditable section of this document, nor in the Attainment Demonstration model.   Specifically, the credits which would be available due to seasonal 7.2 RVP and the technical details of such credit estimation methodology are relegated to Appendix K, which is the Analysis of Additional Evidence appendix of this document set. The credits are also listed in the Additional Evidence section of this chapter ( Chapter 5.5).   If a resolution is reached such that lower RVP is supplied to the San Antonio region as approved by local governments on a permanent, enforceable basis, appropriate SIP credit will be taken for the measure as a successful local Clean Air Strategy.

10 Email from Ms. Morphew on this subject and voicing the same opinion, received by AACOG on January 12, was circulated to the AIR Technical Committee on January 18 th. 11 The Austin region has also asked their elected officials to support a reduced RVP strategy as well. They asked for an ozone season RVP level of 7.0 pounds per square inch, a lower level than requested in the San Antonio area. 12 Email from Candy Garrett, dated February 13, 2004 to Peter Bella of AACOG. Ms. Garrett is Director, Environmental Planning and Implementation for TCEQ. SIP Revision Attainment Demonstration for the San Antonio EAC Region 68 5.1.2 Challenges: Degreasing Equipment Controls On October 14, 2003, Eastern Research Group ( ERG) completed a technical memorandum under a consultant contract with the Capital Area Planning Council ( CAPCO) 13. In their memorandum, ERG identified Degreasing/ Solvent Surface Cleaning as a strategy for the Austin region. They noted14 as a potential control option that the region could " establish an equipment based VOC standard, such as the one in effect in the Beaumont/ Port Arthur, Dallas/ Fort Worth, El Paso, and Houston/ Galveston areas of Texas."

Since that time, both Austin15 and San Antonio proposed the Chapter 11516 ( Texas Administrative Code, or TAC) application of the Degreasing Equipment Control Standard noted as a candidate Clean Air Strategy. Both regions estimated reductions based on the methodologies noted in the memorandum. Degreasing Equipment controls, as prescribed in Chapter 115, were projected to provide VOC emission reductions of 12.83 tons per day in the San Antonio region. This reduction total assumes no existing state degreasing controls of this type. This reduction total was presented to the elected officials and technical staff as the reductions available through local enactment of a Chapter 115 Degreasing Controls rule as identified in the ERG report.

The eight local Early Action Compact signatory governments took up the formal endorsement of Degreasing Controls as one of three Clean Air Strategies for their approval. The first government to consider this Clean Air Strategy set was the City of Seguin on February 3, 2004. The final government to consider them was Guadalupe Commissioners' Court on February 24, 2004. All eight local governments approved resolutions requesting the three strategies during that February 3  24 period.

In early February 2004, TCEQ staff from the Region 13 office informed AACOG staff that Chapter 106 of the TAC contained a requirement to implement Chapter 115 compliant degreasing controls statewide. Subsequent investigations revealed that subchapter T of Chapter 106 requires Permit By Rule degreasing units, regardless of the county in which they are located, to meet the requirements of § 115.412 and § 115.415. Following the realization that much of the credit previously calculated for degreasing controls as a voluntary Clean Air Strategy might no longer be available due to Chapter 106, AACOG staff proceeded to analyze Chapter 106 and Chapter 115 and assess how emission reductions should be properly determined and allocated.

13 CAPCO is the council of governments for the Austin region and is responsible for the technical planning for that area's Early Action Compact, much as AACOG is responsible for the technical planning in the San Antonio region. 14 ERG Technical Memorandum dated October 14, 2003, to CAPCO. Subject: Area Source VOC Control Options. 15 The Austin region's Clean Air Action Plan was written to fulfill their requirements under their Early Action Compact. The Degreasing Control strategy proposed in their Clean Air Action Plan is available online. Visit page 38 of < http:// www. cleanairforce. org/ Draft CAAP 1 04. pdf>. 16 The Degreasing Processes strategy in the TAC advised by the AIR Committee is available through http:// www. tnrcc. state. tx. us/ oprd/ rules/ index. html. Click on the " 30 TAC Administrative Code in HTML Format" hotlink on that page and then click on the following series of hotlinks: Title 30; Part I; Chapter 115; Subchapter E ( Solvent Using Processes); Division I ( Degreasing Processes). SIP Revision Attainment Demonstration for the San Antonio EAC Region 69 The Chapter 115 degreaser requirements have been in place since early in the 1980' s for certain other regions of the state. Permit by rule ( PBR) stipulations in Chapter 106 ( § 106.454) require compliance with the Chapter 115 degreaser requirements, regardless of location. Such compliance with Chapter 115 through 106 regardless of location has only been in place since May 1994.17 Hence, the initial 2007 degreasing emission reductions estimated through local Chapter 115 promulgation, which assumed that no such state rule was in place, were clearly overestimated. On the other hand, since promulgation of Chapter 106 predates 1999, then both the 1999 and 2007 " uncontrolled" degreasing emissions inventories, which heretofore had also assumed no effective degreasing controls of this type, were also likely to be too large.

Note that Chapters 106/ 115 as existing state rules guarantee that reduction credits are available, not as voluntary credits available to the region as Local Clean Air Strategy enactment, but in both the 1999 and 2007 base case as is true for other existing state and federal rules.

Reductions in degreasing emissions due to both local implementation of Chapter 115 in the Clean Air Plan and due to Chapter 106 are described in two categories. 1. Reductions in emissions based on the growth of degreasing emission between 1999 and 2007, and 2. Reductions in degreasing emissions in the 1999 ( and hence, in the 2007) base case.

As reported in Appendix F, area source emission projections were generally calculated for 2007 using the Economic Growth Analysis System ( E GAS) model. The EGAS model supplied growth factors for projecting of all area source emissions18. Thus growth in degreasing emissions to 2007 was calculated based on the 1999 emissions inventory for this category.

Because Chapter 106 was in effect from 1999 to 2007, the growth in degreasing emissions during that period was in fact limited by the same factor as promulgation of the effective rule limited emissions in the degreasing operations themselves. That is, reduction credits due to the effective state rule can be taken on earlier calculations for growth in the degreasing emissions category from 1999 2007. This is both a first approximation correction to the 2007 base case degreasing emissions inventory and a source of modeling credit identified under applicable state and federal rules. As mentioned earlier, these reductions are not categorized as voluntary credits available to the region as Local Clean Air Strategy enactment.

Correcting the 1999 EI to account for the promulgation of Chapter 106, which was effective in 1994 and hence prior to 1999, is challenging. The 1999 EI should be corrected to account for the effects of Chapter 106, just as the 1999 2007 growth has been corrected. The preferred approach in taking credit for Chapter 106/ 115 emission reductions for 1999 involves using available information and data regarding compliance to the rules in 1999. Information regarding Safety Kleen, a Texas based company which provides various environmental services throughout the nation, was utilized in this approach.

17 Email from Eddie Mack, TCEQ, February 13, 2004. 18 With the exception of Architectural Surface Coatings and Consumer/ Commercial Solvents SIP Revision Attainment Demonstration for the San Antonio EAC Region 70 Documentation provided by TCEQ shows that Safety Kleen 1) provides degreasing equipment and solvents for approximately 50% of the San Antonio market; 2) Safety Kleen products are Chapter 115 compliant; 3) Safety Kleen provided these products to their customers in the San Antonio region consistent with the promulgation of Chapter 106. Hence, the 85% reduction effective through Chapter 106/ 115 should act as a first approximation correction to 50% of the degreasing emissions in the 1999 EI. Since these emission reductions are tentative, they are not reflected in the 1999 base case, but are treated as potential credit and are documented in Appendix K, Additional Evidence.

Resolution of Challenges: Degreasing Equipment Controls   Given the formal approval of the EAC signatory governments, the San Antonio EAC region is committed to requesting that the state implement a 4 county EAC regional rule requiring compliance with Degreasing Equipment Operation Controls, described in TAC, Title 30, Ch. 115.   Given Chapter 106, reductions in earlier estimates of the growth of degreasing emissions between 1999 and 2007 have been approximated and are treated uniquely as creditable reductions achieved through current State rule. These credits are listed in this chapter in the Federal and State reductions strategies section ( Chapter 5.2), and treated in greater depth in Appendix I, Federal and State reductions.   Reductions in the 1999 ( and 2007) base case degreasing emissions inventories have been calculated based on Safety Kleen's participation in the regional market. These reductions are treated as tentative and unconfirmed. An overview of these reductions is given in this chapter in the Additional Evidence section ( Chapter 5.5). These reductions are discussed in greater depth in Appendix K, Additional Evidence.   Chapter 106 of the TAC was adopted in 1994, thus applying to degreasing facilities that were constructed or scheduled to be constructed on and after 1994. This potentially leaves degreasing facilities that were in existence prior to 1994 exempt from Chapter 106. Such uncontrolled facilities would be subject to Chapter 115 due to the passage of the rule requested by local governments. In this case, enactment of Chapter 115 as a local Clean Air Strategy would be a source of additional emission reductions. This potential reduction source is discussed in Appendix K.

5.1.3 Conclusion The San Antonio EAC Region has committed to pursue three Clean Air Strategies requested by the local governments. The EAC signatory governments passed resolutions requesting the clean air measures in table 5.4 be implemented in the SAER. These commitments involve requesting lower RVP gasoline implementation, Stage I Vapor recovery systems, and Degreasing Equipment Controls. Details regarding emission reductions due to gasoline having an RVP of 7.2 can be found in Appendix K, Additional Evidence. Stage I Vapor Recovery for retailers that dispense no less than 25,000 gallons per month is SIP creditable and is discussed in Appendix I. Degreasing controls, through consideration of Chapter 106 and Chapter 115, have various degrees of creditability. Emission reductions achieved by Chapter 106 on growth in degreasing emission between 1999 and 2007 are accounted for as emission reductions due to state rule and discussed in Appendix I. Reductions in the 1999 base case due to Chapter 106 are treated as additional evidence and discussed in Appendix K. Additional reductions to SIP Revision Attainment Demonstration for the San Antonio EAC Region 71 degreasing units that were in existence prior to 1999, possibly achieved through local implementation of Chapter 115, are described in Appendix K.

5.2 FEDERAL AND STATE REDUCTION STRATEGIES Various state and federal strategies are scheduled to be promulgated and enforced by the TCEQ and EPA by 2007. These strategies will provide emission reductions in the SAER in future years. Detailed descriptions of the federal and state reduction strategies can be found in Appendix I  Clean Air Strategy Development. The reduction estimations listed in the table below are calculated for the four county Early Action Compact region of Bexar, Comal, Guadalupe and Wilson Counties.

Table 5 3. State and Federal Issued Rules FEDERAL ISSUED RULES Estimated NOx Reductions in 2007 ( tpd) Estimated VOC Reductions in 2007 ( tpd) Federal area measures: On board Refueling Vapor Recovery 0.00 8.20 Federal on road measures: Federal Phase II Reformulated Gasoline National Low Emission Vehicle ( NLEV) Program Tier II Vehicle Emission Standards Federal Regulation of On road Diesel Engines 22.39 12.43 Federal non road measures: Standards for Compression ignition Vehicles and Equipment Standards for Spark ignition Off road Vehicles and Equipment Tier III Heavy Diesel Equipment Lawn and Garden Equipment Recreational Marine Standards Locomotives 1.10 10.97 STATE ISSUED RULES Estimated NOx Reductions in 2007 ( tpd) Estimated VOC Reductions in 2007 ( tpd) State area measures: Stage I Vapor Recovery ( throughput   125,000 gal / month) 19 TAC Chapter 106 Degreasing Controls 0.00 7.61 State point measures: Senate Bill 766   Grandfathered Power Plants Senate Bill 7   Grandfathered Power Plants 39.51 1.06 19 Gasoline stations that dispense more than 125,000 gallons per month are subject to stage I vapor recovery requirements: TAC Chapter 115.227. Available online: http:// www. tnrcc. state. tx. us/ oprd/ rules/ pdflib/ 115c. pdf SIP Revision Attainment Demonstration for the San Antonio EAC Region 72 5.3 LOCAL CLEAN AIR STRATEGIES Signatories of the Clean Air Plan for the San Antonio region are committed to early planning and early actions that will benefit the region's air quality. These actions were accomplished through cooperative relations between the representatives of the affected region, state and federal officials in assessing the region's air quality situation and in developing the best available approach to reach and maintain the 8 hour ozone NAAQS. Since the EAC was created to enable early local actions, it is pertinent to implement strategies locally that will improve air quality most effectively.

Lower Reid Vapor Pressure ( RVP)   Reid Vapor Pressure lowered to 7.2 pounds per square inch during the ozone season for the San Antonio region. The requested rule, as approved by the AIR Committee and all Early Action Compact signatory governments, would lower the ozone seasonal RVP to 7.2.

Stage I Vapor Recovery at Stations Dispensing > 25,000 gallons/ month   Stage I Vapor Recovery required of service stations of 25,000 gallons throughput of gasoline or more per month. Stage I Vapor Recovery systems are designed to control the escape of gasoline vapors from gasoline storage tanks. The uncontrolled vapors escape from storage tanks when displaced by liquid gasoline unloaded from refueling trucks. With installation of Stage I equipment, the storage tank vapors are captured by a vapor return hose and are returned to the refueling truck. Texas currently enforces the requirement of Stage I Vapor Recovery systems at gasoline stations that dispense no less than 125,000 gallons of gasoline per month. This strategy proposes Stage I Vapor Recovery systems at gasoline stations that dispense no less than 25,000 gallons per month.

Stage I Vapor Recovery for service stations of 25,000 gallons throughput of gasoline or more per month will be implemented and operational no later than December 31, 2005. Implementation of this control strategy comes as a formal request of the eight local governments who are signatories to the Early Action Compact. Their support for Stage I Vapor Recovery as a local clean air strategy, and their approval of this proposed local State Implementation Plan Revision, are attached as appendix N.

Reduction Calculations Methodology Overview Evaluation of this strategy involved quantification of emission reductions resulting from potential strategy implementation. The estimated 2007 VOC tonnage from Source Classification Code 2501060053 ( Tanker Truck Unloading) was multiplied by an emission factor provided by TCEQ. ( TCEQ, 2004c) Further details regarding emission reduction calculations can be found in Appendix I.

Degreasing   Degreasing Equipment Operation Controls, described in TAC, Title 30, Ch. 115. The requested rule, as approved by the AIR Committee and all Early Action Compact signatory governments, would lower VOC emissions on degreasing operations.

The following table lists the strategies were formally approved for implementation by the EAC signatory governments along with their estimated emission reduction when implemented in the SAER. SIP Revision Attainment Demonstration for the San Antonio EAC Region 73 Table 5 4. Locally Issued Rules Local Clean Air Strategies Estimated NOx Reductions in 2007 ( tpd) Estimated VOC Reductions in 2007 ( tpd) Reid Vapor Pressure ( RVP) lowered from 7.8 to 7.2 psi * *

Stage I Vapor Recovery for gas stations dispensing 25,000 to 125,000 gallons/ month 0.00 tpd 5.81 tpd See State Rules; thru Ch. 106 See State Rules; thru Ch. 106 Degreasing Controls * *

* Potential Emissions Reductions are listed in Additional Evidence, Appendix K 5.4 STRATEGY TESTING Various emission reducing strategies were scrutinized and analyzed for their effectiveness in reducing ozone precursors as well as reducing ambient ozone levels in the photochemical model. Local entities that were involved in the strategy selection were provided numerous control strategies that would have an effect on the ambient air quality. AACOG technical staff presented a preliminary list that detailed over 100 clean air strategies. The strategies on the list were then analyzed based on criteria that would be acceptable to the TCEQ and EPA. The criteria consisted of emission reducing strategies that were quantifiable ( emissions can be quantified from such a strategy), enforceable ( local or state jurisdiction can be applied to enforce the strategy), and permanent. Once the strategies that did not meet the criteria had been eliminated, the potential clean air strategies were analyzed based on feasibility, cost effectiveness, and emission reducing capacity. The strategies that met these criteria were then incorporated into the photochemical model so that their effect on ambient ozone levels could be observed. The strategies listed in Table 5 4 were selected as local initiatives that will assist the SAER reach 8 hour attainment standards. Table 5 5 lists the design values for the CAMs stations in the SAER. Table 5 6 depicts the emission reductions the selected strategies are projected to provide by 2007.

Table 5 5. Comparison of 1999 and 2007 Base Cases & Adopted Control Strategies Model Run Design Value at CAMS 23 Design Value at CAMS 58 Design Value at CAMS 59 Design Value at CAMS 678 1999 Base Case 89 87 79 77 2007 Base case 84.52 82.12 74.48 74.46 Control Strategies Included 84.40 82.03 74.44 74.39 SIP Revision Attainment Demonstration for the San Antonio EAC Region 74 Table 5 6. Projected Ozone Reductions by Local Reduction Strategies Strategy Reduction in Ground Level Ozone ( ppb) Implementing Entity Degreasing Solvent * State Stage I VR ( 25K) 0.12 State RVP 7.2 * Fuel distribution through local agreement   Potential Emissions Reductions are listed in Additional Evidence, Appendix K 5.5 ADDITIONAL EVIDENCE This section describes additional analyses performed, key assumptions and outcomes of each analysis, and justifies the conclusion that, viewed as a whole, the area will attain the NAAQS. In the following pages we introduce further local projects as well as additional studies and indicators supporting the likelihood of the results of our photochemical modeling in regard to the attainment of NAAQS ozone level by the year 2007. For some of the strategies presented in this chapter, additional comments and calculations are available beyond those given here. These comments and calculations are given in Appendix K   Additional Evidence.

5.5.1 Evidence Supporting Attainment Demonstration The argument presented here consists of several corroboratory analyses, which together form a compelling argument that by the year 2007 attainment will be achieved. Table 5.6 shows the 1999 base case, the 2007 base case, and the impacts of adopted control strategies on design values for CAMS 23, 59, 678, and 58 where ozone levels are being recorded.

5.5.2 Degreasing Emissions As described in section 5.1.1 Resolution of Challenges: Degreasing Equipment Controls, degreasers in the SAER are subject to adherence of Chapter 115 controls through reference in Chapter 106. Chapter 106 of the TAC was adopted in 1994, thus applying to degreasing facilities that were constructed or scheduled to be constructed on and after 1994. This leaves degreasing facilities that were in existence prior to 1994 exempt from Chapter 106 rule. These uncontrolled facilities would be subjected to the regulations of Chapter 115 due to the passage of the rule by local governments, therefore be a source of additional emission reductions. Additional details regarding the emission reductions can be found in Appendix K.

Reduction Calculations Methodology Overview TAC Chapter 115 addresses controlling emissions from degreasing facilities and providing a reduction in emissions by 85%. Documentation provided by TCEQ shows that Safety Kleen 1) provides degreasing equipment and solvents for approximately 50% of the San Antonio market; 2) Safety Kleen products are Chapter 115 compliant; 3) Safety Kleen provided these products to their customers in the San Antonio region consistent with the promulgation of Chapter 106. Hence, the 85% reduction effective through Chapter 106/ 115 should act as a first approximation correction to 50% of the degreasing emissions in the 1999 EI. Projecting degreasing emission reductions for 2007 was calculated as follows: SIP Revision Attainment Demonstration for the San Antonio EAC Region 75 1999 Degreasing Emissions Inventory x 0.85 emission factor x 0.5 market share = Emission Reduction Further details regarding emission reduction calculations can be found in Appendix I.

5.5.3 Pollution Transport The evidence for transport can be demonstrated by conducting a series of special modeling runs in which all of the anthropogenic emissions from selected adjacent metropolitan areas are removed from the CAMx emission inventory for the modeled episode. Using the graphic capabilities of the CAMx model and applying some post processing techniques, attempts have been made to depict the results of this analysis at regional level, as well as at various CAMS in San Antonio area. These results, which are discussed in the Appendix M, specifically show the impacts of removing the anthropogenic emissions on the design value of the modeled episode at various CAMS.

The highest 8 hour ozone concentrations near this monitor, for each day of the 6 modeling days in the episode, were dependent on local ( i. e., within Bexar, Comal, Guadalupe or Wilson Counties) ozone precursor production sources, on average, for less than 25% of the total ozone concentrations predicted. In addition, while the amount of emissions attributed to the San Antonio region is predicted to increase in 2007, this region's contribution to its design value for the Sept. 1999 episode will remain as 25% of the total design value, or 21.86 parts per billion of ozone. ( AACOG, 2003a) Additional details regarding the effect of transport on San Antonio's air quality can be located in Appendix M.

5.5.4 Alternative Fuel Vehicles A local alternative fuel survey was conducted in 2001, which inventoried the AFV fleet in the SA MSA. The survey provided information on the number of AFVs, specific fuel type, the percentage of time that they operate on alternative fuel, the number of days per week they typically operate, and an estimate on how many vehicle miles traveled ( VMT) were accumulated by each vehicle for 2001.

The results indicated that there were 2,050 AFVs in the San Antonio region, and this number is expected to increase to 2,442 AFVs by 2006. Of the reported fleet, 1,755 vehicles were modeled as the September 2001 fleet and 2,147 vehicles modeled for the September 2007 fleet. Analysis of fleet indicated that this fleet is generated emission reductions of 62 lbs./ day of VOC, 45 lbs./ day of CO, and 689 lbs./ day of NOx. By 2007, it is projected that this fleet could contribute emissions reductions of 72 lbs./ day of VOCs, 45 lbs./ day of CO, and 858 lbs./ day of NOx for the year 2007.

5.5.5 Energy Efficiency / Renewable Energy Projects The TCEQ revised the Houston Galveston ( HGA) SIP and the Dallas/ Ft. Worth ( DFW) SIP to include a protocol for implementing and calculating emission reductions from energy saving resulting from Senate Bill 5 ( SB5) and Senate Bill 7 ( SB7) measures. The revisions relied on assumptions about the level of commitment by political subdivisions to implement the 5% per year reduction within their facilities. SB5 only requires that a target of 5% reduction in energy usage per year be set, it remains the responsibility of each individual political subdivision to adopt ordinances, resolutions, procedures or plans to demonstrate its commitment. Since passing the bills, efforts have been underway both to implement the energy reductions required by the state and to quantify SIP Revision Attainment Demonstration for the San Antonio EAC Region 76 the associated ozone precursor reductions. Air quality planners in the San Antonio region currently benefit from a partnership created by the TCEQ between AACOG, the Energy Systems Laboratory ( ESL) of Texas A& M University, the local Metropolitan Partnership for Energy, and the Brooks Energy Sustainability Laboratory ( BESL) of the Texas Engineering Experiment Station.

5.5.6 Lawnmower Recycling Program Gasoline powered lawnmowers contribute a significant amount of NOx, VOCs, and particulate matter to the atmosphere. Not surprisingly, carbon dioxide ( CO2) emissions, the major greenhouse gas, are spewed out in large quantities from gas powered mowers too.

In San Antonio, City Public Service ( CPS) initiated the " buy back" program in 1998. The City of San Antonio and the Alamo Area Council of Governments later partnered in promoting CPS' " buy back" events. Their first trade in event was held on March 31, 2001 and is scheduled to start in 2004 on March 20 continuing through August 31. ( CPS, 2004)

Since its inception, CPS's " Mow Down Smog" lawn mower rebate program has removed over 3,200 pieces of operating gasoline powered lawn equipment and replaced them with virtually pollution free electric lawn equipment. The emissions reductions attributed to this program have not been taken into account in the process of photochemical modeling task for the attainment forecast. The reductions for all VOC, CO, and NOx categories have been calculated for Bexar County and the procedure for calculation of these reductions is presented in the Appendix K of this document. The followings show the amount of these reductions.

Table 5 7. Reduced Emissions from " Mow Down Smog" Recycling Program 5.5.7 Lower Reid Vapor Pressure Fuel control measures are effective strategies for states to use to reduce ozone pollution. Such measures reduce volatile organic compounds but may differ on methods the state or federal government administers them, and the statutory provisions governing their adoption. Gasoline with an RVP of 7.2 was proposed for the San Antonio region after in depth modeling, cost benefit analysis, and consideration of sentiments of the local communities and their elected officials. If allowed, adoption of this fuel during the ozone season is expected to help reduce emissions of VOCs and NOx by 2.1 and 0.05 Emission Exhuast Crank Diurnal Displ. Spillage Total VOC 90.62 3.60 5.84 1.50 12.70 114.24 NOx 4.78 4.78 CO 1145.39 1145.39 * Ozone season in 1999 EI report consists 196 days 2003 Emission Reduction due to City Public Service " Mow Down Smog" Program pound per ozone season day* SIP Revision Attainment Demonstration for the San Antonio EAC Region 77 tons/ day respectively. The requirement for gasoline refineries to provide such gasoline will only be during the months of March through October, which is usually the time of the year ozone levels exceed the national standard in San Antonio region.

Modeling scenarios with the MOBILE6 model20 indicated that lowering the RVP in gasoline to 7.2 from 7.8 would reduce emissions from the on road mobile fleet in the SAER counties. Table 5_ lists the emission reduction percentages for each of the SAER counties. ( AACOG, 2003b)

Table 5 8. Reductions for SAER Counties with RVP 7.2 Gasoline, Compared with RVP 7.8.

County VOC % Reduction, 2007 On Road Mobile Fleet NOx % Reduction, 2007 On Road Mobile Fleet Bexar County 4.18 0.06 Comal County 3.73 0.05 Guadalupe County 3.69 0.05 Wilson County 3.14 0.06 The percentage reduction of precursor emissions was used to calculate actual reductions. The actual reduction was estimated by multiplying the 2007 daily on road emissions total for each county with the emission reduction percentage. The resulting number was then divided by 100 to provide the emission reduction total in tons per day.

( 2007 tons/ day VOC x emission reduction %) / 100 = 2007 tons/ day of VOC reduced) Further details regarding emission reduction calculations can be found in Appendix I.

5.5.8 Windshield Wiper Fluid In 1998, the EPA promulgated rules pertaining to the VOC emission standards for certain consumer solvents. One solvent, windshield wiper fluid, is limited 35 weight% VOC. EPA calculated VOC reductions from this national consumer products rule to be 20% and allowed states to take this emission reduction credit in their SIPs. Prior to EPA's issuance of its national rule, Texas adopted a consumer products rule that limits automotive windshield washer fluid to 23.5 weight% VOC. Due to the difference between EPA's 35% requirement, the EPA allows Texas to take credit for the difference Due to this limited reduction and that the photochemical model shows attainment in the 2007 base case, this reduction credit has not been fully estimated and included in the photochemical model since a VMT based estimate of VOCs allowed in the San Antonio region is 60 lbs per day for this category. ( TCEQ, 1999)

5.5.9 Gas fired Water Heaters, Small Boilers, and Process Heaters This statewide rule would reduce NOx emissions from new natural gas fired water heaters, small boilers, and process heaters sold and installed in Texas beginning in 2002. It is estimated that this rule would help reduce area source NOx emissions by 5%

20 MOBILE6 Vehicle Emissions Modeling Software developed by the USEPA. Available online: http:// www. epa. gov/ otaq/ m6. htm SIP Revision Attainment Demonstration for the San Antonio EAC Region 78 to 10%. The rules would apply to each new water heater, boiler, or process heater with a maximum rated capacity of up to 2.0 MMBtu/ hr. ( TCEQ, 2004)

5.5.10 Transportation Demand Management Transportation Demand Management ( TDM) projects are transportation related projects that attempt to reduce vehicle use, change traffic flow, or reduce congestion conditions.. Due to a survey conducted by AACOG in 2002, results indicated that TDMs are or will be implemented by government agencies and companies in the San Antonio area. These TDMs included: rideshare, telecommuting, flex time, compressed workweek, and staggered hours. Study results revealed that during the weekday peak hours, TDMs could help reduce on road source emissions of VOC's and NOx by 3.3% and 2.4% respectively for the year 2007. ( AACOG, 2002) These reduction rates however, have not been included in the photochemical modeling efforts for the year 2007 attainment demonstration.

5.5.11 Transportation Emission Reduction Measures Transportation Emission Reduction Measures ( TERMs) are strategies or actions that can be employed to offset increases in nitrogen oxide ( NOx) and volatile organic compound emissions from mobile sources by reducing either the number of vehicle trips, vehicle miles traveled, or both. These strategies may include ridesharing, telecommuting programs, clean fuel vehicle programs, improved transit/ bicycling facilities, or other possible actions such as intersection improvement and signalization.

It is important to note that many of projects included in the San Antonio Bexar County Metropolitan Planning Organization ( SA BC MPO) Transportation Improvement Programs ( TIP) 21 can be quantified as creditable reductions. They are listed n the Appendix K as TERM projects since the projects target vehicle trip reduction and improvement of air quality. AACOG photochemical modeling for the attainment demonstration does not take into account any emission reductions due to the implementation of these projects.

While the quantity of available and appropriate reductions have not been calculated and included in the attainment demonstration of the San Antonio proposed revisions to the State Implementation Plan, local air quality planners are now researching measures to make the appropriate TERMS enforceable. The region is intent on making them enforceable and calculating SIP credit for them in coordination with the state and the SABC MPO. Even if credit is not taken here for the TERMS projects in the region, the benefits of the reductions accrue as Additional Evidence that the San Antonio region will reach attainment.

Intersection Improvement and Signalization Traffic signalization projects can reduce carbon monoxide ( CO) and hydrocarbon ( HC) by reducing the number of vehicular stops and idling, which would reduce travel times and traffic delays. Reductions in fuel consumption have also been observed through traffic signal re timing. Traffic flow at intersections can be improved in interconnection and coordination of signals.

21 Available online: http:// www. co. bexar. tx. us/ mpo/ pages/ futureprojects/ short/ main. html SIP Revision Attainment Demonstration for the San Antonio EAC Region 79 Of many projects shown in the MPO's TIP in Appendix K, certain traffic signals for various intersections in the Bexar County were separately evaluated for their impacts on air quality. ( AACOG, 2003b) The results can be considered as additional evidence indicating future lower ozone levels for the San Antonio area.

5.5.12 TransGuide ITS projects have shown to be a crucial ingredient of traffic management in metropolitan areas throughout the nation. Studies have proved that ITS have a significant impact on reducing the delays due to accidents and congestion on freeway systems in metropolitan areas. ( Henk, R., et. al., 1996), ( Carter, M., et. al., 2000) Results indicate that the most effective stand alone implementation is incident management, recording improvements in all impact measures assessed. VMS and arterial traffic signal control can provide additional improvement under many of these areas. For the particular corridor modeled during this study, optimum implementation of the integrated VMS and incident management result in a 5.7% decrease in delay, a 2.8% decrease in crashes, and a 1.2% decrease in fuel consumption annually. Integrated use of incident management, VMS and arterial traffic control can achieve an annual benefit of a 5.9% reduction in delay, a 2.0% decrease in crashes, and a 1.4% decrease in fuel consumption for travelers in the corridor.

AACOG staff, neither in the photochemical modeling process nor in applications of MOBILE6 for the analysis of control strategies, has taken the air quality impacts of TransGuide into account. Techniques could be developed to translate reductions in fuel consumption, due to the impacts of TransGuide, into reductions of ozone precursor emissions.

5.5.13 Public Education A detailed description of the public outreach and education projects undertaken by AACOG staff, for the purpose of disseminating information on air quality and informing the public of seriousness of air pollution problem in the San Antonio area, is presented in the Appendix K.

The main goal is to familiarize the public with actions they can take to improve the air quality. There has been no attempt to quantify the air quality impacts of these public outreach projects.

5.6 SUMMARY AND RECOMMENDATIONS Clean air strategy selection required various technical analyses. These analyses provided by local air quality planners enabled elected officials to select applicable and effective clean air measures that would best improve the region's air quality. The number of strategies was reduced by elimination based on creditability. Creditable strategies are strategies that are quantifiable, enforceable, and permanent. Strategies that did not reflect these qualities were eliminated from the list. The remaining creditable strategies were then analyzed for emission reducing capacity and cost effectiveness.

The strategies that were then deemed cost effective and reduced emissions sufficiently were then subject to additional analysis by way of ozone reductions in the photochemical model. SIP Revision Attainment Demonstration for the San Antonio EAC Region 80 Since the attainment demonstration predicted 8 hour ozone levels below the NAAQS, it was deemed that the addition of three strategies would be enough to maintain attainment. These strategies are gasoline with an RVP of 7.2, stage I vapor recovery implementation on service stations that throughput at least 25,000 gallons, and degreasing controls on manufacturing equipment. The San Antonio Early Action Compact Region will comply with attainment standards by 2007 with the federal and state issued rules, the strategies selected by local officials, and the strategies presented in the additional evidence section.

References:

Texas Administrative Code ( TAC), 2004. Chapter 106, Subchapter T: Surface Preparation: § 106.454. Available online: http:// www. tnrcc. state. tx. us/ oprd/ rules/ pdflib/ 106_ ind. pdf Alamo Area Council of Governments ( AACOG), 2003. Conceptual Model for Ozone Analysis of the San Antonio Region, San Antonio, TX.

City Public Service ( CPS), 2004. Mow Down Smog. Available online: http:// www. citypublicservice. com/ for% 5Fhome/ rebates/ lawn_ mower_ rebates. asp Texas Commission on Environmental Quality ( TCEQ), 1999. Revisions to the State Implementation Plan for the Control of Ozone Air Pollution. Available online: http:// www. tnrcc. state. tx. us/ oprd/ rule_ lib/ 4dfwrop. pdf Texas Commission on Environmental Quality ( TCEQ), 2004. Chapter 117 Control of Air Pollution From Nitrogen Compounds. Available online: http:// www. tnrcc. state. tx. us/ oprd/ rules/ pdflib/ 117_ ind. pdf Alamo Area Council of Governments ( AACOG), 2002. Analyses of TCMs, AFVs, and Control Strategies for the September 13 20, 1999 Photochemical Modeling Episode. San Antonio, TX.

Alamo Area Council of Governments ( AACOG), 2003. Refinements to the 1999 San Antonio Region Photochemical Model using MOBILE6 and Enhanced Meteorological Data. San Antonio, TX.

Henk, R., et. al., 1996. Before and After Analysis of the San Antonio TransGuide System. San Antonio Texas. SIP Revision Attainment Demonstration for the San Antonio EAC Region 81 Carter, M., et. al., 2000. Metropolitan Model Deployment Initiative: San Antonio Evaluation Report. McLean, VA.

Texas Commission on Environmental Quality ( TCEQ), 2004. Emission Reduction from Stage I Vapor Recovery System in the 95 county Region. Austin, TX. SIP Revision Attainment Demonstration for the San Antonio EAC Region 82 CHAPTER 6: MAINTENANCE FOR GROWTH 6.1 BACKGROUND The general elements required for the development of the Maintenance for Growth were stated in the Protocol for Early Action Compacts Designed to Achieve and Maintain the 8 Hour Ozone Standard. 22 The protocol states that the Maintenance for Growth plan must address emissions growth at least 5 years beyond December 31, 2007 to ensure the area will remain in attainment of the 8 hour standard. The component may include modeling analyses, annual review of growth, or the identification and quantification of federal, state, and local control measures that indicate sufficient emission reduction. A continuing planning process that includes modeling updates and modeling assumption verification must also be included. The modeling must consider and evaluate relevant new point sources, impacts from potential new source growth, and future transportation patterns.

If the review of growth indicates that the adopted control measures are inadequate to address growth in emissions, additional measures will be added to the plan.

6.2 MAINTENANCE ANALYSIS The Clean Air Plan for the SAER is directed to achieve the 8 hour standard by December 2007. Maintaining the 8 hour standard five years beyond the attainment date will be achieved through an annual review of growth as required in the EAC protocol.

The Maintenance for Growth analysis performed by AACOG has several stages or components.   Current Analysis: The current Maintenance for Growth analysis is an updated and expanded Trend Analysis, first published September 30, 2003 as an EAC milestone. The Maintenance for Growth section ( Appendix L) analyzes the emissions inventories from 1996 and 1999 and projects emissions to 2007 and 2012. These future year projections encompass all relevant changes affecting future emissions, including revised or new federal, state, and local rules and any new practices that would result in changes to future year emissions inventories. As a separate document, the Trend Analysis itself is updated once more, and is due as an updated milestone / deliverable in the EAC by September 30, 2005.   Continuing Planning Process: The assumptions underlying this analysis will be reviewed annually throughout the term of the EAC ( through 2007). Changes in assumptions will be incorporated annually into an updated Maintenance for Growth analysis and reported as a component of the Semi Annual Updates. The current analysis reported in this document set ( Appendix L) will next be updated and reported in the December 2004 Semi Annual Update.   New Strategy Requirements: In the event the annual analysis of emission trends and control strategies fails to maintain attainment standards, appropriate planning and implementation of additional clean air measures will result.

Current Analysis As part of the initial analysis of the region's air quality, emission projections were developed. These projections provided insight to future air quality scenarios with increases in population and emission sources along with control strategies that will be implemented by state and federal agencies in the years to come. In summary, table 6 4 lists emissions from various anthropogenic sources for 1996, 1999, 2007, and 2012.

22 Available online: http:// www. epa. gov/ ttn/ naaqs/ ozone/ eac/ 20020619_ eac_ protocol. pdf SIP Revision Attainment Demonstration for the San Antonio EAC Region 83 Methodologies: 2012 projections The 2012 emission projections were developed using the same methodologies in the development of 2007 emissions, which are described in Appendix F, Future Year Modeling Emissions Inventory Development. However, there are some components in the methodologies, such as emission factors, that were altered to reflect predicted changes for 2012 different from 2007. These alterations are described in Appendix L, Maintenance for Growth.

New Point Sources, 2007 2012 The following section describes new point sources that are expected to come into existence between 2007 to 2012. Detailed descriptions of the new point sources in methods used to determine their projected emissions can be found in Appendix L   Maintenance for Growth.

Guadalupe County Power Plants Two natural gas powered electrical generating facilities are slated for completion and operation prior to 2007. Both facilities are under construction in Guadalupe County. Two facilities are currently being constructed, each facility is projected to emit 3.79 tons of NOx and 0.24 tons of VOC per day.

Tessman Road Landfill Gas Power Station The proposed Tessman Road power station is located in Bexar County near Converse, TX. The station will feature six Deutz TBG 620 V16 engines, producing electricity from methane and other landfill gases. According to our calculation, this project will release 0.179 ton of NOx and 0.049 ton of VOC in the air on a daily basis.

City Public Service Power Plant City Public Service is currently developing plans to build an additional coal burning power plant in our study area. City Public Service plans estimate that the plant will emit 5.92 tons of NOx in the air by 2012 when the plant is fully operational. Also, CPS plans to have a natural gas plant on line by September 2012 and its projected NOx emissions are estimated at 0.72 tons per day.

Toyota Motor Manufacturer North America Toyota Motor Manufacturer North America ( TMMNA) is currently negotiating the building of an auto production assembly plant in south Bexar County. Toyota provided emissions estimates of the anticipated pollutants produced by this plant at the start of production. Detailed emission data can be found in Appendix L. Table 6 1 lists total emissions projected to be emitted from plant production along with the other point source projected emissions. These figures do not include emissions produced during the building of this plant; they contain only those emitted during operation of the plant, after the building is completed. Plant construction will be completed prior to 2012.

New Point Source Emission Total Table 6 1 displays the accumulative VOC and NOx emissions due to the introduction new point source related emissions to San Antonio region.

Table 6 1. Point Source VOC & NOx Emissions of New Point Source Projects ( tons/ weekday) SIP Revision Attainment Demonstration for the San Antonio EAC Region 84 1999 2007 2012 Point Source VOC NOx VOC NOx VOC NOx Emissions without new sources 7.3 96.6 8.0 67.1 8.3 49.8 CPS  New Coal Plant 0.0 0.0 0.0 0.0 0.0 5.9 CPS   New Gas Plant 0.0 0.0 0.0 0.0 0.0 0.7 Guadalupe Power Plants 0.0 0.0 0.4 7.5 0.4 7.5 Toyota 0.0 0.0 5.0 0.3 10.0 0.7 Tessman Road Power Station 0.0 0.0 0.0 0.2 0.0 0.2 Total 7.3 96.6 13.5 75.1 18.7 64.9 The VOC emissions will increase due to the contribution of the Toyota Manufacturing Plant to the 2007 emissions projection as well as the 2012 emissions projection. The remaining new point source projects such as the CPS power plant, the Tessman LFG Power Station, and the Guadalupe Power Plant are not expected to contribute as significant amount of VOC emissions as the Toyota Manufacturing Plant. NOx emissions decrease in the 2007 and 2012 projections.

Comparison of 2007 2012 Emissions by Major Category Point VOC emissions from point source are estimated to increase approximately 38.5% ( 13.5 TPD  18.7 TPD) from 2007 to 2012. The rise is attributed to the emergence of new point sources within the region. NOx emissions are expected to decrease by 13.6% ( 75.1 TPD  64.9 TPD). The drop in NOx is anticipated due to use of improved emission reducing technologies employed at the City Public Service power production facilities.

Non Road The 17.6% drop in VOC ( 30 TPD  24.7 TPD) and the 8.2% drop in NOx emissions ( 44 TPD  40.4 TPD) across the four counties between 2007 and 2012 for this source category are based on various state and federal control strategies, which are reflected in input files for the photochemical model. These files are described in Appendix F.

Area From 2007 to 2012, area source VOC emissions are projected to increase 3.2% ( 80.5 TPD  83.1 TPD) and NOx emissions by 5.6% ( 9 TPD  9.5 TPD). This can be attributed to various growth assumptions, such as population growth.

On Road On road VOCs decreased by 25.5% ( 53.8 TPD  40.1 TPD) and NOx emissions dropped by 40% ( 84 TPD  50.4 TPD) from 2007 to 2012. State and federal control strategies that will be implemented by 2007 are reasons for the decrease in both ozone precursors and can be found in Appendix C   On Road Mobile Emissions Inventory Development.

Airport Airport and military emission data were compiled by AACOG staff. These emissions cannot be projected due to the uncertainty of future of airport and military bases in the region. Political influence or unusual circumstances, such as wartime situation, may increase emissions levels. In times of peace or poor economy, the military may cut back, causing a decrease in emissions. Thus, emissions for this category remain the same for 1999, 2007, and 2012. Table 6 2 details the emissions from airport and military SIP Revision Attainment Demonstration for the San Antonio EAC Region 85 sources. These emissions are accounted for in the non road source emissions listed in Table 6 4.

Table 6 2. Airport/ Military Emissions for the San Antonio EAC Region 1996 1999 2007 2012 VOC NOx VOC NOx VOC NOx VOC NOx Bexar 2.7 6.8 3.0 9.9 3.0 9.9 3.0 9.9 Comal 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Guadalupe 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Wilson 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Airport Sources Total 2.7 6.8 3.0 9.9 3.0 9.9 3.0 9.9 Biogenic Biogenic emissions emissions were unchanged from 1999 for 2007 and 2012. Table 6 3 lists the biogenic emissions for the SAER region. Biogenic emissions were not included in table 6 4.

Table 6 3. Biogenic Emissions for the San Antonio EAC Region 1996 1999 2007 2012 VOC NOx VOC NOx VOC NOx VOC NOx Bexar 60.1 5.0 60.1 5.0 60.1 5.0 60.1 5.0 Comal 56.5 1.5 56.5 1.5 56.5 1.5 56.5 1.5 Guadalupe 83.6 7.5 83.6 7.5 83.6 7.5 83.6 7.5 Wilson 62.8 6.5 62.8 6.5 62.8 6.5 62.8 6.5 Biogenic Sources Total 263.0 20.6 263.0 20.6 263.0 20.6 263.0 20.6 Figure 6 3 illustrates the predicted emission trend from 1996 to 2012. This illustration further supports the SAER's projected maintenance of attainment of the NAAQS 8 hour ozone standard. Between 1999 and 2007, an overall reduction of 28% of NOx emissions and a 23% reduction in VOC emissions are predicted. Between 2007 and 2012, an additional 22% reduction in NOx emissions and 7% reduction in VOC emissions can be expected. These reductions are a result of the positive actions enforced by the USEPA and TCEQ and indicate improved air quality is in the future of the San Antonio EAC region. SIP Revision Attainment Demonstration for the San Antonio EAC Region 86 Tons per Day Emission 1996 1999 2007 2012 San Antonio Early Action Compact Region VOC NOx VOC NOx VOC NOx VOC NOx Bexar 78.3 2.4 73.4 4.7 69.2 5.0 71.4 5.2 Comal 4.4 0.1 3.7 0.3 3.4 0.5 3.6 0.5 Guadalupe 6.1 0.3 5.4 0.9 5.2 1.7 5.4 1.8 Wilson 2.6 0.4 2.7 0.9 2.7 1.8 2.7 2.0 Area Sources Total 91.4 3.3 85.2 6.8 80.5 9.0 83.1 9.5 Bexar 7.0 64.3 6.3 83.9 11.8 53.2 17.0 43.0 Comal 0.4 8.2 0.5 12.2 0.5 13.8 0.5 13.8 Guadalupe 0.4 0.3 0.5 0.5 1.1 8.1 1.1 8.1 Wilson 0.0 0.0 0.01 0.004 0.1 0.004 0.1 0.004 Point Sources Total 7.8 72.8 7.3 96.6 13.5 75.1 18.7 64.9 Bexar 106.6 122.39 82.1 121.87 45.5 69.1 33.7 41.4 Comal 6.8 10.4 6.2 11.7 3.9 7.1 3 4.3 Guadalupe 6.6 10 5.6 10.5 3.4 6.5 2.6 3.9 Wilson 1.9 1.9 1.6 1.9 1 1.3 0.8 0.8 On Road Sources Total 121.9 144.69 95.5 145.97 53.8 84 40.1 50.4 Bexar 54.3 55.2 36.3 36.4 25.6 36.3 21.0 32.9 Comal 9.8 3.5 3.4 2.6 2.1 3.4 1.8 3.3 Guadalupe 4.3 4.4 4.1 2.3 1.7 3.3 1.4 3.3 Wilson 1.4 4.1 1.0 0.7 0.6 1.0 0.5 0.9 Non Road Sources Total 69.9 67.2 45.7 42.0 30.0 44.0 24.7 40.4 Table 6 4. Anthropogenic Emissions within the San Antonio Early Action Compact Region SIP Revision Attainment Demonstration for the San Antonio EAC Region 87 SA Early Action Compact Region Change VOC 2007  2012 ( TPD) Change VOC 2007  2012 (%) Change NOx 2007  2012 ( TPD) Change NOx 2007  2012 (%) Area Sources 80.5  83.1 + 2.6 + 17.6% 9  9.5 + 0.5 + 5.6%

Point Sources 13.5  18.7 + 5.2 + 38.5% 75.1  64.9  10.2  13.6%

On Road Sources 53.8  40.1  13.7  25.5% 84  50.4  23.6  40%

Non Road Sources 30  24.7  5.3  17.7% 44  40.4  3.6  8.2%

Total 177.8  166.6  11.2  6.3% 212.1  165.2  46.9  22.1%

Table 6 5 is a synopsis of table 6 4. The trend in emissions changes between 2007 and 2012 shown is a downward trend, most significantly in NOx. The claim that the San Antonio region will be in attainment by 2007 is based on the results of the modeled attainment demonstration ( Appendix H). The claim that the region will stay in attainment through 2012 is based centrally on this downward trend in locally produced precursors between attainment year 2007 and maintenance year 2012. Once the standard is achieved, the region should remain in attainment.

Figure 6 1 Trend of VOC and NOx Emissions in the SAER, 1996, 1999, 2007, 2012 * note 1996 estimates include version two of the 1995 Mobile6 inventory Table 6 5. Anthropogenic Emissions within the SAER, 2007 2012 0 50 100 150 200 250 300 350 1996* 1999 2007 2012 Emission Inventory Years Tons/ Day Anthropgenic NOx Anthropgenic VOC SIP Revision Attainment Demonstration for the San Antonio EAC Region 88 Emission reductions achieved through state and federal control measures will be further complemented by local clean air strategies enacted through the EAC, which are not shown in the 2007 baseline projections in table 6 4. Periodic trend analyses updates, which will take into account the clean air strategies enacted through the EAC and their schedules, will ensure that the reductions achieved through all measures are adequate to maintain attainment through 2012.

6.3 UPDATING THE PLANNING PROCESS Various stages of planning and verification must be performed on a continual basis to ensure timely emission reductions for the region to maintain air quality standards. The impacts of new point source related emissions, economic and population growth, and the implementation of new control strategies are evaluated during the air quality modeling process. The modeling output allows for the air quality planners to identify the impacts of the new emission sources or control strategies on the air pollutants in the region. In the development of the State Implementation Plan for the San Antonio Early Action Compact Region, projected growth of emission sources in the area was integral in the air quality planning process. This preliminary trend analysis indicated that emissions for some sources were projected to increase while other sources would have a decrease in emissions. Besides the emission sources projected for their effect in 2012 using projected population statistics, models, or other methodologies, new point source emissions that come into existence between 1999 and 2012 will be accounted for in the analysis of emission growth. Analyzing their effect on ambient ozone levels will be essential in ensuring the maintenance of attainment.

6.3.1 Modeling Updates and Modeling Assumption Verification AACOG staff will analyze air quality and related data and perform necessary modeling updates and modeling assumption verification annually. In the event that updated emission inventories, updates in any photochemical model inputs, or corrections to earlier modeling assumptions are created and available, the modeling scenarios used to demonstrate attainment for the SAER will be brought up to date. Modeling updates will be performed in accordance with state and federal guidelines.

Ongoing Updates Gathering, updating, and verifying data is part of an ongoing process between the Texas Commission on Environmental Quality, the US Environmental Protection Agency, and the Alamo Area Council of Governments. The updating and verification process will continue to occur in the context of the Joint Near Nonattainment Area meetings held by air quality planning technical staff representing TCEQ, and the San Antonio, Victoria, Corpus Christi, Austin and the Tyler Longview areas, or other appropriate venue ( technical meetings with TCEQ and / or EPA, etc.). Joint Near Nonattainment Area meetings are held at least as often as every three months. They were established as a forum for discussion of new technology, new program and planning requirements under state programs, progress on and cooperation in attainment of air quality goals, as well as discussion of updates to modeling input and modeling technique. AACOG frequently attends other technical modeling meetings hosted by the TCEQ, EPA and other agencies, which provides greater opportunity for information update exchanges. In addition, AACOG staff attends regularly scheduled monthly technical meetings of the local San Antonio / Bexar County Metropolitan Planning Organization ( MPO), allowing AACOG staff the most recent transportation planning information. AACOG provides all air quality analysis for the local MPO transportation projects. All local transportation SIP Revision Attainment Demonstration for the San Antonio EAC Region 89 planning updates to the modeling inputs will be incorporated as they occur, and their impacts analyzed.

Reporting of modeling updates and modeling assumption verification will be reported in the Semi Annual Reports written by the AACOG. These reports are due on an ongoing six month cycle ending December 31 and June 30 of each year of the Early Action Compact, ending December 31, 2007. These reports will specifically address, at a minimum,   all relevant actual new point sources;   impacts from potential new source growth; and   future transportation patterns and their impact on air quality in a manner that is consistent with the most current adopted Long Term Transportation Plan and most current trend and projections of local motor vehicle emissions.

6.3.2 Transportation Patterns The development of transportation patterns is influenced by many such as land use and urban planning. Transportation patterns directly effect emissions originating from onroad sources, therefore they must be evaluated for their impact on ozone levels. Onroad emissions, as detailed in table 6 4, are projected to decrease by maintenance year 2012.

Throughout the continuing planning process, the air quality impact on the region's ozone levels imposed by transportation patterns will be evaluated and assessed by technical staff of various local, regional, state, and federal offices. As specified in 6.3.2, the ongoing technical collaboration between AACOG and the local MPO is the central conduit such that updated transportation planning becomes integrated in air quality planning. These cooperative relations will assist in maintaining the 8 hour ozone standard by the technical assistance provided by each agency and in the event additional planning is necessary.

6.4 NEW STRATEGY REQUIREMENTS The annual reviews of growth, including the updates and the continuing planning processes reported in the Semi Annual Updates will provide air quality planners the insight necessary to ensure attainment of the 8 hour standard up to 2012. The extensive clean air strategy modeling performed by AACOG staff will facilitate the planning if the continuous review process indicates additional measures should be considered.

If at any time the review of growth demonstrates that adopted control measures are inadequate to address growth in emissions, additional measures will be added to the plan. If additional control measures for 2007 attainment are suggested as being necessary through a review of growth, they will be verified using the current attainment demonstration photochemical model and adopted according to the public review process overseen by the Air Improvement Resources Committee. If additional control measures for 2012 attainment are suggested as being necessary through a review of growth, AACOG staff will work with the TCEQ and EPA to analyze control strategies based on then currently available photochemical models. Appropriate control strategies will be adopted according to the public review process overseen by the Air Improvement Resources Committee.


[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Rules and Regulations]
[Page 26954-26956]
[DOCID:fr05jn09-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0120]
RIN 1625-AA00

Safety Zone; Coronado Fourth of July Fireworks; San Diego Bay,
San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Diego Bay in support of the Coronado Fourth
of July Fireworks. This temporary safety zone is necessary to provide
for the safety of crew, spectators, and other users and vessels of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this temporary safety zone
unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 8:45 p.m. to 9:30 p.m. on July 4,
2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0120 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0120 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Kristen Beer, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7262, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 27, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Coronado Fourth of July Fireworks; San
Diego Bay, San Diego, CA in the Federal Register (74 FR 19034). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.

Background and Purpose

    Coronado 4th of July, Inc. is sponsoring the Coronado Fourth of
July Fireworks, which will include a fireworks presentation originating
from a barge located in Glorietta Bay at approximately 32[deg]40.68' N,
117[deg]10.18' W. The safety zone will encompass all navigable waters
within 1200 feet of the

fireworks barge. This temporary safety zone is necessary to provide for
the safety of the crew, spectators, and other users and vessels of the
waterway.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the size and location of the safety
zone. Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
established safety zone during the specified times unless authorized to
do so by the Captain of the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay from 8:45 p.m. to 9:30 p.m.
on July 4, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only 45 minutes late in the evening when vessel
traffic is low. Although the safety zone will apply to the entire width
of Glorietta Bay, traffic will be allowed to pass through the zone with
the permission of the Coast Guard patrol commander. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts
via marine channel 16 VHF before the temporary safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
Federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling

procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishment of a
safety zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a new temporary zone Sec.  165.T11-176 to read as follows:

Sec.  165.T11-176  Safety Zone; Coronado Fourth of July Fireworks; San
Diego Bay, San Diego, CA.

    (a) Location. The limits of the safety zone are all the navigable
waters within 1200 feet of the fireworks barge located in Glorietta Bay
at approximately 32[deg]40.68' N, 117[deg]10.18' W.
    (b) Enforcement Period. This section will be enforced from 8:45
p.m. to 9:30 p.m. on July 4, 2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, State, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: May 5, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-13107 Filed 6-4-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8776-8777]
[FR Doc No: 2021-02620]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2310-237]

Pacific Gas and Electric Co.; Notice of Application for Temporary
Variance and Applicant Prepared Environmental Assessment, Soliciting
Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Request for Temporary Variance of Lake
Fordyce minimum reservoir water surface elevation.
    b. Project No.: 2310-237.
    c. Date Filed: December 22, 2020 and supplemented January 13, 2021.
    d. Licensee: Pacific Gas and Electric Company.
    e. Name of Project: Drum-Spaulding Hydroelectric Project.
    f. Location: Lake Fordyce is located on Fordyce Creek, a tributary
of the South Fork of the Yuba River, Nevada County, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Licensee Contact: Bill Martin, AECOM, 300 Lakeside Drive, Suite
400,

Oakland, CA, 94601,<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Mark Pawlowski,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, interventions, and protests
Deadline for filing comments, motions to intervene, and protests: 15
days from the date of this notice The Commission strongly encourages
electronic filing. Please file comments, motions to intervene, and
protests using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852 The first page of any filing should include docket
number P-2310-237. Comments emailed to Commission staff are not
considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee filed a request for a
temporary license variance from the minimum operating elevation
requirement at Lake Fordyce, a development of the Drum-Spaulding
Hydroelectric Project No. 2310, in order to implement a seepage
mitigation project at Fordyce Dam. The normal maximum reservoir
elevation is 6,341 feet (PG&E datum). The licensee proposes to lower
the reservoir to its minimum required elevation of 6245.4 feet and
install a membrane liner on the upstream face of the dam and anchored
to bedrock. A cofferdam and flow bypass would be installed to allow
dewatering of the work area on the upstream side of Lake Fordyce Dam
and provide a ``dry'' workspace while maintaining the required minimum
5 cubic feet per second flow downstream of the dam. A variance from the
minimum operating elevation of Lake Fordyce may be needed periodically
depending on inflow to provide buffer to ensure the cofferdam would not
be overtopped.
    l. Locations of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: February 3, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-02620 Filed 2-8-21; 8:45 am]
BILLING CODE 6717-01-P