[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Rules and Regulations]
[Pages 15053-15056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7007]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH61-1-6381a; FRL-5175-2]
Approval and Promulgation of Implementation Plans; Ohio
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA is approving, as revisions to the ozone portion of
the Ohio State Implementation Plan (SIP), through direct final
procedure, Ohio's 1990 base-year ozone precursor emissions inventory
for the Toledo and Dayton ozone nonattainment areas. These emissions
inventories were submitted to satisfy a Federal requirement that States
containing ozone nonattainment areas submit inventories of actual ozone
precursor emissions for the year 1990. The Ohio ozone nonattainment
areas covered by this rulemaking are Toledo (Lucas and Wood Counties)
and Dayton (Clark, Greene, Miami, and Montgomery Counties).
DATES: This final rule will be effective May 22, 1995 unless an adverse
comment is received by April 21, 1995. If the effective date of this
action is delayed due to adverse comments, timely notice will be
published in the Federal Register.
ADDRESSES: Written comments should be mailed to: William L. MacDowell,
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),
USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Copies of the State submittal and USEPA's analysis of it are
available for inspection at the following address (It is recommended
that you contact Richard Schleyer at (312) 353-5089 before visiting the
Region 5 Office.) Regulation Development Section, Air Enforcement
Branch (AE-17J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Richard Schleyer, Environmental
Engineer, Regulation Development Section, Air Enforcement Branch (AE-
17J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604, (312) 353-5089.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(a)(1) of the Clean Air Act Amendments of 1990 (Act)
requires States with ozone and carbon monoxide (CO) nonattainment areas
to submit a [[Page 15054]] comprehensive, accurate and current
inventory of actual ozone precursor emissions (which includes volatile
organic compounds (VOC), nitrogen oxides (NOX), and CO) for each
ozone nonattainment area by November 15, 1992. This inventory must
include anthropogenic base-year (1990) emissions from stationary point,
area, non-road mobile, and on-road mobile sources, as well as biogenic
(naturally occurring) emissions in all ozone nonattainment areas. The
emissions inventory must be based on conditions that exist during the
peak ozone season (generally the period when peak hourly ozone
concentrations occur in excess of the primary ozone National Ambient
Air Quality Standard--NAAQS). Ohio's annual peak ozone season is from
April 31 to October 31.
II. Criteria for Evaluating Ozone Emissions Inventories
Available guidance for preparing and reviewing the emission
inventories is provided in the following USEPA guidance documents or
memorandum: ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Act,'' (Preamble) as published in the
April 16, 1992 Federal Register (57 FR 13498); ``Emission Inventory
Requirements for Ozone State Implementation Plans,'' (EPA-450/4-91-010)
dated March 1991; a memorandum from John Calcagni, Director, Air
Quality Management Division, OAQPS, entitled ``Public Hearing
Requirements for the 1990 Base-Year Emissions Inventories for Ozone and
Carbon Monoxide Nonattainment Areas,'' dated September 29, 1992;
``Procedures for the Preparation of Emissions Inventories for Carbon
Monoxide and Precursors of Ozone, Volumes I and II,'' (EPA-450/4-91-016
and EPA-450/4-91-014) dated May 1991; ``Procedures for Emissions
Inventories Preparation, Volume IV: Mobile Sources,'' (EPA-450/4-81-
026d) dated 1992; and ``Supplement C to Compilation of Air Pollutant
Emission Factors, Volume I: Stationary Point and Area Sources,'' (AP-
42) dated September 1990.
As a primary tool for the review of the quality of emission
inventories, the USEPA has also developed three levels (I, II, and III)
of emission inventories checklists. The Level I and II checklists are
used to determine that all required components of the base-year
emission inventory and its associated documentation are present. These
reviews also evaluate the level of quality of the associated
documentation and the data provided by the State and assess whether the
emission estimates were developed according to the USEPA guidance. The
Level III review evaluates crucial aspects and the overall
acceptability of the emission inventory submittal. Failure to meet any
of the ten crucial aspects would lead to disapproval of the emissions
inventory submittal.
Detailed Level I and II review procedures can be found in the USEPA
guidance document entitled ``Quality Review Guidelines for 1990 Base
Year Emissions Inventories,'' (Quality Review) (EPA-454/R-92-007) dated
August 1992. Level III criteria were attached to a memorandum from John
S. Seitz, Director, Office of Air Quality Planning and Standards,
entitled ``Emission Inventory Issue,'' dated June 24, 1993. The Level
I, II, and III checklists used in reviewing this emissions inventory
submittal are attached to a USEPA technical support document (TSD)
dated January 24, 1995.
III. State Submittal
On March 15, 1994, the Ohio Environmental Protection Agency (OEPA)
submitted a request for revision to the ozone portion of Ohio's SIP,
consisting of the 1990 base-year ozone emissions inventory for the
following ozone nonattainment areas in Ohio: Canton, Cincinnati,
Cleveland, Columbus, Dayton, Toledo and Youngstown. These emissions
inventories were deemed complete on May 16, 1994. The USEPA has
completed its review of the emissions inventories submitted for the
Toledo and Dayton ozone nonattainment areas. The 1990 base-year
emissions inventories submitted for the other areas shall be addressed
in a separate rulemaking.
Inventory Preparation Plan/Quality Assurance Plan
All States were required to submit an Inventory Preparation Plan
(IPP) to USEPA for review and approval by October 1, 1991. The IPP
documents the procedures utilized in the development of an emissions
inventory and contains the quality assurance and quality control plan
(QA/QC). On March 19, 1992, the State of Ohio submitted a final ozone
emissions IPP to USEPA. On April 15, 1992, USEPA informed the State
that the IPP was not then approvable. The USEPA has worked with the
State since that time in order to correct the deficiencies in the IPP.
In the March 1994 SIP revision, the State submitted documentation of
how the emissions inventory was prepared, as well as a quality
assurance report for the point, area, and mobile source portions of the
emissions inventory. The USEPA has determined that this documentation
and the quality assurance reports meet the requirements for an IPP and
are acceptable.
Point Source Emissions Inventory
The State submitted a point source emissions inventory of all
facilities that emit at least 10 tons per year (tpy) of VOC, or 100 tpy
NOX or CO in the nonattainment area. The inventory also included
sources that emit 100 tpy of VOC, CO, or NOX located in a 25-mile
boundary surrounding the nonattainment area. The point source emissions
inventory contains general facility information, number of sources,
production schedules and related emissions for each source, emissions
limitation, control efficiency and rule effectiveness (RE), as
applicable, and total emissions on an annual and daily ozone season
basis.
The following methods were employed by the State to identify
sources to be included in the 1990 base-year emissions inventory: the
1989 records for plants in the Emissions Inventory System (EIS) were
checked and plants meeting the VOC, CO or NOX criteria were
updated with 1990 emissions data; the air permit records were reviewed
for plants that may be candidates for inclusion in the point source
inventory; and current industrial directories and the Toxic Release
Information System (TRIS) database were checked for additional sources.
For facilities in the point source inventory, the State acquired the
emissions data by means of the following: Mail surveys; plant
inspections; telephone calls; and air permit files.
The USEPA reviewed the point source emissions data by cross
referencing the point source inventory to the following sources: (1)
USEPA's guidance document entitled ``Major CO, NO2, and VOC
Sources in the 25-Mile Boundary Around Ozone Nonattainment Areas,
Volume I: Classified Ozone Nonattainment Areas,'' (EPA-450/4-92-005a)
February 1992; a 1990 TRIS Retrieval; and a 1990 AFS--Emission to
Compliance Comparison Report. The State was notified of potentially
missing sources or discrepancies in their reported emissions, and
provided necessary corrections.
Where a source was governed by a regulation or a control device,
the emissions limit was stated. RE was then applied in the
determination of emissions. A standard RE of 80 percent was utilized
unless otherwise justified in accordance with USEPA guidance.
[[Page 15055]]
Area Source Emissions Inventory
Area source emissions were calculated using State-specific data as
well as USEPA guidance documents and technical memorandum developed for
various categories. The State utilized emission factors from Volume I
and IV, and AP-42 and provided necessary documentation. The following
area source categories were included in the emissions inventory:
Gasoline loading and distribution, dry cleaning, degreasing,
architectural surface coatings, traffic markings, automobile
refinishing, graphic arts, cutback asphalt, pesticide application,
commercial/consumer solvents, bakeries, waste management practices
(landfills), leaking underground storage tanks, incineration of solid
waste, stationary fossil fuel combustion, and fires (structural, open
burn, etc.). Vehicle refueling emissions were included as part of the
mobile source emissions inventory.
The area source inventory was reviewed utilizing USEPA's guidance
documents, and the Level I and II checklists, to ensure that all source
categories and their related emissions (and emission factors) were
included in the area source emissions inventory. Seasonal adjustments,
rule effectiveness, and rule penetration were applied as indicated in
the State submittal.
On-Road Mobile Source Emissions Inventory
In the development of the mobile source emissions inventory, the
State utilized USEPA's mobile source emissions model, Mobile 5a, for
the determination of emissions factors for eight vehicle types and
twelve roadway types. Hard-copy documentation of the input and output
files are provided in the submittal. Where available, the State-
specific inputs were utilized in the development of the input file for
Mobile 5a.
The 1990 vehicle miles travelled (VMT) for each roadway type was
developed by the Ohio Department of Transportation (ODOT). ODOT
maintains data on each section of highway in the State of Ohio. VMT
were developed by the State Road Inventory System and reported through
the Highway Performance Monitoring System (HPMS) to the Federal Highway
Administration (FHWA).
Each roadway section daily VMT (dVMT) is computed as the annual
average daily traffic (AADT) for that section times the length of the
section. The county dVMT is the sum of the dVMT for each highway
functional classification in the county. The total dVMTs are then
summed for a statewide total. The statewide total is then compared by
functional class to the 1990 HPMS submittal. For those classifications
where traffic counts were available for all or nearly all their
sections, the totals were essentially the same. For those with more
off-systems roads, the resulting totals were larger than the HPMS's
submittal value (as expected). Correction factors were computed from
the two sets of totals and applied to the individual cells.
ODOT used permanent and portable vehicle classification equipment
to develop the vehicle mix by functional classification of highway.
Traficomp III vehicle classification equipment are used to support the
HPMS data collection effort. A software program called OHIO CONVERT
formats vehicle classification data into the FHWA Vehicle
Classification categories.
The USEPA has reviewed the mobile source emissions inventory
utilizing the checklist contained in the Quality Review guidance
document. This was used to ensure that recommended procedures were
followed in the development of the mobile source portion of the
emissions inventory. This checklist is attached to a USEPA TSD dated
January 24, 1995.
Off-Road Mobile Source Emissions Inventory
The State developed emissions estimates for the following off-road
categories according to USEPA guidance: aircraft, railroad locomotives,
recreational boating, off-road motorcycles, agricultural equipment,
construction equipment, industrial equipment, and lawn and garden
equipment. The State provided documentation of the sources of emissions
factors utilized, and submitted it in the area source emissions
inventory portion of the submittal.
The USEPA reviewed the off-road mobile source inventory utilizing
the Level I and II checklists and USEPA's guidance documents to ensure
that all source categories and their related emissions factors were
included in the off-road mobile source emissions inventory.
Biogenic Emissions Inventory
The State of Ohio determined the biogenic emissions for the Toledo
and Dayton area according to a USEPA's guidance document entitled
``User's Guide to the Personal Computer Version of the Biogenic
Emissions Inventory System (PC-BEIS),'' (EPA-450/4-91-017), dated July
1991. Meteorological data utilized in PC-BEIS was collected in
accordance with USEPA guidance. The ten warmest days from the period
between 1988 to 1990 with the highest hourly peak ozone concentrations
in each ozone nonattainment area was collected and reviewed. As
required by USEPA guidance, the fourth highest daily maximum ozone
concentration for each nonattainment area was selected and utilized in
the model. The State provided hard copy documentation of the
meteorological inputs utilized, and PC-BEIS output files for the
biogenic emissions inventory for the Toledo and Dayton nonattainment
areas.
IV. Summary of Ozone Emissions Inventory
The USEPA has prepared the following summary of the emissions
inventories for an average ozone summer weekday for the Toledo and
Dayton ozone nonattainment areas. The emissions are stated in tons per
day for a typical ozone season weekday:
Toledo Ozone Nonattainment Area (TPD)
------------------------------------------------------------------------
Source type VOC CO NOX
------------------------------------------------------------------------
Point Sources.................... 58.82 5.21 85.33
Area Sources..................... 28.18 6.71 1.51
On-Road Mobile Sources........... 68.46 377.89 37.73
Off-Road Mobile Sources.......... 9.96 66.26 16.55
Biogenic Sources................. 72.33 ........... ...........
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Totals..................... 237.75 456.07 141.12
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[[Page 15056]]
Dayton Ozone Nonattainment Area (tpd)
------------------------------------------------------------------------
Source type VOC CO NOX
------------------------------------------------------------------------
Point Sources.................... 37.52 5.65 32.15
Area Sources..................... 46.94 0.72 1.40
On-Road Mobile Sources........... 106.43 611.44 60.78
Off-Road Mobile Sources.......... 11.45 122.70 31.84
Biogenic Sources................. 114.68 ........... ...........
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Totals..................... 317.02 740.51 126.17
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V. Final Action
The USEPA is approving the 1990 base-year ozone precursor emissions
inventories for the Toledo and Dayton nonattainment areas based upon
the evidence presented by the State and the State's compliance with the
requirements outlines in the applicable USEPA guidance.
VI. Comment and Approval Procedure
The USEPA is publishing this action without prior proposal because
USEPA views this action as a noncontroversial revision and anticipates
no adverse comments. This action will be effective on May 22, 1995,
unless USEPA receives adverse or critical comments by April 21, 1995.
USEPA has published, simultaneously, a proposed rule for this action in
this issue of the Federal Register. If USEPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on the
proposed rule. Please be aware that USEPA will institute another
comment period on this action only if warranted by significant
revisions to the rulemaking based on any comments received in response
to this action.
VII. Regulatory Process
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) exempted
this regulatory action from Executive Order 12866 review.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The SIP approval under Section 110 and subchapter I, Part D, of the
Act do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on small entities. Moreover, due to the
nature of the Federal-State relationship under the Act, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of State action. The Act forbids the USEPA
to base its actions concerning SIPs on such grounds. Union Electric Co.
v. U.S.E.P.A., 427 U.S. 246, 256-66 (1976).
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 22, 1995. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental protection, Nitrogen oxides,
Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental
relations, Reporting and recordkeeping.
Authority: 42 U.S.C. 4201-7601q.
Dated: March 3, 1995.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter 1, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart KK--Ohio
2. Section 52.1885 is amended by adding new paragraph (s) to read
as follows:
Sec. 52.1885 Control Strategy: Ozone.
* * * * *
(s) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been
satisfied for the following ozone nonattainment areas: Toledo (Lucas
and Wood Counties) and Dayton (Clark, Greene, Miami, and Montgomery
Counties).
[FR Doc. 95-7007 Filed 3-21-95; 8:45 am]
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