[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41331-41335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20139]
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ENVIRONMENT PROTECTION AGENCY
40 CFR Part 52
[WA47-7120a; FRL-5543-9]
Clean Air Act Approval and Promulgation of Carbon Monoxide
Implementation Plan for the State of Washington: Puget Sound Emission
Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the 1990 base year and 1995 projected year
carbon monoxide emission inventory portion of the Puget Sound carbon
monoxide (CO) State Implementation Plan (SIP) submitted on September
30, 1994, by the State of Washington Department of Ecology (Ecology)
for the purpose of bringing about the attainment of the national
ambient air quality standard (NAAQS) for CO.
DATES: This action is effective on September 23, 1996 unless adverse or
critical comments are received by September 9, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,
Seattle, Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation
[[Page 41332]]
Docket and Information Center, Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460. Copies of material submitted to EPA
may be examined during normal business hours at the following
locations: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue
(OAQ-107), Seattle, Washington 98101, and Washington State Department
of Ecology, 300 Desmond Drive, Olympia, WA 98504.
FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, EPA Region 10,
Office of Air Quality (OAQ-107), Seattle WA 98101, (206) 553-6917.
SUPPLEMENTARY INFORMATION:
I. Background
In a March 15, 1991, letter to the EPA Region 10 Administrator, the
Governor of Washington recommended the Seattle-Tacoma-Everett area,
including the western portions of King, Pierce, and Snohomish Counties,
be designated as nonattainment for CO as required by section
107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAAA or the Act)
(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).
The area, which includes lands within the Puyallup Reservation, Tulalip
Reservation and Muckleshoot Reservation, was designated nonattainment
and classified as ``moderate'' under the provisions outlined in
sections 186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991),
codified at 40 CFR part 81, Sec. 81.348.) Because the Seattle-Tacoma-
Everett area had a design value of 14.8 ppm (based on 1987 data), it
was classified as ``moderate > 12.7 ppm'' (moderate plus).
Under the Clean Air Act as amended, States have the responsibility
to inventory emissions contributing to NAAQS nonattainment, to track
these emissions over time, and to ensure that control strategies are
being implemented that reduce emissions and move areas towards
attainment. Under section 187(a)(1), the CAAA requires moderate CO
nonattainment areas to submit a base year CO inventory that represents
actual emissions in the CO season by November 15, 1992. Stationary
point, stationary area, on-road mobile, and non-road mobile sources of
CO are to be included in the inventory. This inventory is for calendar
year 1990 and is denoted as the base year inventory. The inventory is
to address actual CO emissions for the area during the peak CO season.
The peak CO season should reflect the months when peak CO air quality
concentrations occur. Moderate CO nonattainment areas are required to
submit a periodic inventory that represents actual emissions no later
than September 30, 1995, and every three years thereafter until the
area is redesignated to attainment (section 187(a)(5)). Moderate CO
nonattainment areas with a design value of 12.7 parts per million (ppm)
or more are required to submit an attainment demonstration plan by
November 15, 1992 that demonstrates attainment by December 31, 1995
(187(a)(7)). To make the Attainment Demonstration, base year and
projected modeling inventories are needed. The base year inventory is
the primary inventory from which the periodic and modeling inventories
are derived. Further information on these inventories and their purpose
can be found in the document ``Emission Inventory Requirements for
Carbon Monoxide State Implementation Plans,'' EPA, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina,
March 1991.
II. Today's Action
The EPA is approving the carbon monoxide (CO) base year 1990 and
projected year 1995 emission inventory submitted to EPA on September
30, 1994, based on the Level I, II, and III review findings.
III. Review of State Submittal
The Level I and II review process is used to determine that all
components of the base year inventory are present. The review also
evaluates the level of supporting documentation provided by the State
and assesses whether the emissions were developed according to current
EPA guidance. Washington's inventory satisfies both Level I and Level
II requirements. The Level III review process is outlined here and
consists of 9 points that the inventory must include. For a base year
emission inventory to be acceptable it must pass all of the following
acceptance criteria:
1. An approved Inventory Preparation Plan (IPP) must be provided
and the Quality Assurance (QA) program contained in the IPP must be
performed and its implementation documented.
2. Adequate documentation must be provided that enables the
reviewer to determine the emission estimation procedures and the
data sources used to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must have been prepared or calculated
according to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must have been prepared or
calculated according to the current EPA guidance.
7. The method (e.g., Highway Performance Modelling System (HPMS)
or a network transportation planning model) used to develop vehicle
miles travelled (VMT) estimates must follow EPA guidance, which is
detailed in the document, ``Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources'', December 1992. The VMT
development methods must be adequately described and documented in
the inventory report.
8. The MOBILE model must be correctly used to produce emission
factors for each of the vehicle classes.
9. Non-road mobile emissions must be prepared according to
current EPA guidance for all of the source categories.
The EPA is approving this emission inventory as meeting the
requirements of section 187(a)(1) of the Act. The reasons why this
submittal meets the Level III criteria are discussed below.
Initially, EPA subjected the Washington State CO emission
inventories to a rigorous review. This review pointed out various
deficiencies in the inventory. In their updates to the original
emissions inventory submitted January 24, 1993, the Puget Sound Air
Pollution Control Agency (PSAPCA) corrected these deficiencies. Further
corrections were made and submitted September 30, 1994.
Inventory Preparation Plan
Washington submitted its final Inventory Preparation Plan (IPP) and
accompanying final Quality Assurance Plan on October 2, 1991. These
plans satisfied the EPA's requirements.
Quality Assurance
Throughout the emissions inventory, PSAPCA provides documentation
of quality assurance. For each source category, PSAPCA identifies the
methodology employed. Where PSAPCA methods deviate from EPA suggested
procedures, the rationale for the alternate method is noted. For each
CO source category, PSAPCA provides the reference from which it
excerpted information. When needed, projection equations are provided
to show emission amounts beyond the base year. In many cases, the 1995
inventory ``grows'' the 1990 numbers by a particular factor (e.g.
population growth). If 1995 values are the same as 1990 values, reasons
for the lack of growth in emissions are noted.
Point source inventory: PSAPCA's point source inventory identifies
sources whose emissions equal or exceed twenty-five tons per year of
carbon monoxide. There are 18 CO point sources in the Puget Sound
nonattainment area. The dominant industry with CO point sources is pulp
and paper processing.
To compile the point source inventory, PSAPCA inventories all
[[Page 41333]]
subject point sources on an annual basis. Each source sends PSAPCA an
annual questionnaire (``Form B'') that chronicles its emissions. The
form includes SIC classification, normal operating schedule, criteria
air contaminants (in tons/year), an emission point/segment summary,
including CAS (chemical abstract services) numbers of the chemicals
involved. PSAPCA engineers then review the data, which may also be
verified by field inspectors.
PSAPCA reports that point source emissions for 1990 and 1995 are
identical, at 136,600 pounds per day.
Area source inventory: PSAPCA's inventory for CO area sources is
divided into the following categories: industrial fossil fuel use,
commercial fossil fuel use, residential fuel use, residential wood
burning, engine testing, residential garbage, land clearing burning,
yard waste burning, structure burning, and waste management. The
largest contributor to CO emissions was wood burning. Emissions for
each source category are calculated for the three counties that
comprise the nonattainment area (King, Pierce, and Snohomish). The
inventory provides a discussion per category, and displays equations
that were used to develop emissions estimates. Sources of information
are provided as needed (e.g. population from the 1990 Census). In some
cases, PSAPCA's methodology differs from EPA's recommended procedures.
When this occurs, PSAPCA notes the reason for the difference. Usually,
PSAPCA uses data tailored to the local or state area rather than using
the national equations or factors. For the 1995 emission inventory,
numbers are frequently ``grown'' from the 1990 inventory. Where
necessary, projection equations are provided. Area source totals for
1990 were 620,762 pounds per winter day (lb/wd) within the CO
nonattainment area, and 637,720 lb/wd for 1995. Additionally, for the
1995 stationary area source inventory, PSAPCA provides a trend analysis
and states an explanation for why increase or decrease in emissions may
have occurred.
Vehicle miles travelled (VMT): Washington created a ``Memorandum of
Understanding'' between the Puget Sound Regional Council, Spokane
Regional Council, Washington State Department of Ecology and Washington
State Department of Transportation to apportion responsibility for
reporting of vehicle miles travelled to these agencies. Puget Sound
Regional Council and Spokane Regional Council develop peer review draft
vehicle miles travelled reports for their respective Federal Aid Urban
Areas, based on data submitted by the Department of Transportation. The
draft reports are submitted to Ecology, which then submits the final
vehicle miles travelled annual report to EPA.
The Puget Sound Regional Council, which develops VMT forecasts for
the Puget Sound CO nonattainment area, uses a four-part model
consisting of a trip generation component, a trip distribution
component, a mode choice component, and a transportation/mode
assignment component. The model considers residential factors,
employment, road network, land use, population, etc., and is
reevaluated several times per year.
The VMT development methods were adequately described and
documented in the SIP and satisfy EPA's requirements.
Use of the Mobile model: The mobile5a model was correctly used to
produce emission factors for each of the vehicle classes. The model
employs the 2500 idle test even though Washington's program uses both
the loaded idle and the 2500 idle. This is because Mobile5a allots
higher emission factors for the loaded idle test than for the 2500
idle. Inputs to the mobile5a model reflect Washington's program: 2.7%
oxygenate, 15% waiver rate for cars 1968-1980, 14% waiver rate for cars
1981 and younger, 90% compliance rate, biennial inspection, centralized
program, etc. The Washington State Department of Ecology was
responsible for the on-road section of the emissions inventory. Quality
Assurance is provided within the on-road discussion. Additionally, the
EPA QA checklist was used to check data. On-road mobile sources are
4,347,800 lb/day for 1990 and 2,717,600 lb/day for 1995.
Please note that the emission inventory mobile source estimates are
not the same as those in the IM SIP. The IM SIP uses mobile5ah and
gives credit to technician training. Washington has elected to use the
mobile5a outputs for its attainment demonstration, and to use mobile5ah
to show that it meets EPA's low enhanced performance standard. This
discrepancy is further discussed in the Technical Support Document.
Non-road inventory: PSAPCA describes each category and the
methodology employed. Methodology is taken from Procedures for the
Preparation of Emission Inventories for Carbon Monoxide and Precursors
of Ozone, unless otherwise noted. When PSAPCA's methodology deviates
from EPA guidance, it is usually because PSPACA uses numbers reflective
of local scenarios as opposed to national averages. Assumptions,
equations, and sources are noted per source category. Major non-road
contributors are lawn and garden equipment, industrial and wholesale
equipment, and aircraft and marine sources. Nonroad totals are 396,336
lb/day for 1990 and 434,863 lb/day for 1995. For the 1995 inventory,
PSAPCA comments on the trends since 1990 and provides explanations for
why the increase or decrease in emission was projected to occur.
IV. Procedural Background
The Act requires States to observe certain procedural requirements
in developing emission inventory submissions to EPA. Section 110(a)(2)
of the Act requires that each emission inventory submitted by a State
has to be adopted after reasonable notice and public hearing.1
Final approval of the inventory will not occur until the State revises
the inventory to address public comments. CO nonattainment areas with
design values greater than 12.7 ppm must submit the entire SIP
(emissions inventories, attainment demonstrations, and control
strategies) by November 15, 1992, and EPA expects the emissions
inventories to have gone through the public hearing process as part of
the full CO SIP.2
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\1\ Also Section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
\2\ Memorandum from John Calcagni, Director, Air Quality
Management Division, and William G. Laxton, Director, Technical
Support Division, to Regional Air Division Directors, Region I-X,
``Public Hearing Requirements for 1990 Base-Year Emission
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''
September 29, 1992.
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The State of Washington held a public hearing on September 8, 1994
to entertain public comment on the 1990 base year emission inventory
for the Puget Sound Carbon Monoxide Nonattainment Area. Following the
public hearing the inventory was adopted by the State and signed by the
Governor on September 30, 1994, and submitted to EPA on September 30,
1994 as a proposed revision to the SIP.
The emission inventory was reviewed by EPA to determine
completeness shortly after its submittal, in accordance with the
completeness criteria set out at 40 CFR Part 51, Appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). The submittal was found to be
complete on March 30, 1995.
V. Implications of Today's Action
The EPA is approving the Puget Sound carbon monoxide emission
inventory submitted as ``replacement pages'' to the Washington SIP on
September 30, 1994. The State has submitted a complete inventory
[[Page 41334]]
containing point, area, on-road, and non-road mobile source data, and
documentation. Emissions for these groupings are presented in the
following table:
------------------------------------------------------------------------
Daily Emissions (lbs/
day) (rounded to the
nearest 100)
Emission Category -----------------------
Base year Projected
1990 year 1995
------------------------------------------------------------------------
Point sources................................... 136,000 136,000
Area sources.................................... 620,700 637,700
Non-road mobile sources......................... 396,300 435,000
On-road mobile sources.......................... 4,347,800 2,717,600
-----------------------
Total....................................... 5,492,200 3,928,000
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This inventory is complete and approvable according to the criteria
set out in the November 12, 1992 memorandum from J. David Mobley, Chief
Emission Inventory Branch, Technical Support Document (TSD) to G.T.
Helms, Chief Ozone/Carbon Monoxide Programs Branch, AQMD.
As noted, additional submittals of SIP emission inventories for the
nonattainment areas are due at later dates. The EPA will determine the
adequacy of any such submittal as appropriate.
VI. Administrative Review
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
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, EPA 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.
SIP approvals under section 110 and subchapter I, Part D of the CAA
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 any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic and
environmental factors and in relation to relevant statutory and
regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective September 23, 1996 unless, by September 9, 1996, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective September 23, 1996.
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 October 7, 1996. 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), 42 U.S.C.
7607(b)(2).
Note: Incorporation by reference of the Implementation Plan for
the State of Washington was approved by the Director of the Office
of Federal Register on July 1, 1982.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
[[Page 41335]]
Dated: July 22, 1996.
Randall F. Smith,
Acting Regional Administrator.
PART 52--[AMENDED]
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart WW--Washington
2. Section 52.2470 is amended by adding paragraph (c)(63) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(63) On September 30, 1994, the Director of WDOE submitted to the
Regional Administrator of EPA a revision to the carbon monoxide State
Implementation Plan for, among other things, the 1990 and 1995 Emission
Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources.
(i) Incorporation by reference.
(A) September 30, 1994, letter from WDOE to EPA submitting emission
inventories for the Puget Sound CO nonattainment area (adopted on
September 30, 1994); NonHighway Mobile Sources Emission Inventory for
Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish
Counties Base Year 1990, dated December 1993; Stationary Area Sources
Emission Inventory for Carbon Monoxide and Precursors of Ozone for
King, Pierce and Snohomish Counties Base Year 1990, dated December
1993; Stationary Area Sources Emission Inventory for Carbon Monoxide
and Precursors of Ozone for King, Pierce and Snohomish Counties
Projection Year 1995, dated September 1994; Supplement to the SIP,
``Puget Sound Carbon Monoxide Nonattainment Area,'' Replacement Pages,
dated September 1994; Non-Road Mobile Sources Emission Inventory for
Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish
Counties, Base Year 1990, dated September 1994; Non-Highway Mobile
Sources Projections for 1995 Emission Inventory for Carbon Monoxide and
Precursors of Ozone for King, Pierce and Snohomish Counties, dated
September 1994; Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area
1990 Base Year On Road Mobile Source Emissions Inventory, dated August
1994; and Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area 1995
Projected Year On Road Mobile Source Emissions Inventory, dated August
1994.
[FR Doc. 96-20139 Filed 8-7-96; 8:45 am]
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