[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51351-51354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24461]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 141; NJ21-1-7065a, FRL-5306-6]
Approval and Promulgation of Implementation Plans; The 1990 Base
Year Ozone Emissions Inventory for New Jersey
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the New Jersey State
Implementation Plan (SIP) pertaining to the 1990 base year ozone
precursor emission inventory. The inventories were submitted by New
Jersey as part of New Jersey's plan to attain the national ambient air
quality standard (NAAQS) for ozone in the Atlantic City, New York/
Northern New Jersey/Long Island, Philadelphia/Wilmington/ Trenton, and
Allentown/Bethlehem/Easton areas of New Jersey.
DATES: This final rule is effective on December 1, 1995, unless adverse
or critical comments are received by November 1, 1995. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway 20th Floor, New York, New York, 10007-1866.
Copies of the State submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway 20th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Quality Planning, 401 East State
Street, CN418, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Demian Ellis, Air Programs Branch,
Environmental Protection Agency, 290 Broadway 20th Floor, New York, New
York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Background
Under the Clean Air Act Amendments of 1990 (the Act), states have
the responsibility to inventory emissions contributing to National
Ambient Air Quality Standard (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.
The Act requires ozone nonattainment areas designated as marginal,
moderate, serious, severe, and extreme to submit a SIP revision within
three years of 1990 which contains a comprehensive, current, and
accurate emission inventory. The 1990 base year emissions inventory is
the primary inventory from which the periodic inventory, the Reasonable
Further Progress (RFP) projection inventory, and the modeling inventory
are derived. Further information on these inventories and their purpose
can be found in the ``Emission Inventory Requirements for Ozone State
Implementation Plans,'' U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina, March 1991. The base year inventory may also serve as part of
statewide inventories for purposes of regional modeling in transport
areas. The base year inventory plays an important role in modeling
demonstrations for areas classified as moderate and above outside
transport regions.
The air quality planning requirements for marginal to extreme ozone
nonattainment areas are set out in section 182 (a)-(e) of Title I of
the Act. EPA has issued a General Preamble describing EPA's preliminary
views on how EPA intends to review SIP revisions submitted under Title
I of the Act, including requirements for the preparation of the 1990
base year inventory [see 57 FR 13502; April 16, 1992 and 57 FR 18070;
April 28, 1992]. Because EPA is describing its interpretation here only
in broad terms, the reader should refer to the General Preamble (57 FR
18070, Appendix B, April 28, 1992) for a more detailed discussion of
the interpretations of Title I advanced in today's action and the
supporting rationale. In today's rulemaking on the New Jersey ozone
base year emissions inventory, EPA is applying its interpretations
taking into consideration the specific factual issues presented.
Those states containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the Act to
submit a final, comprehensive, current, and accurate inventory of
actual ozone season, weekday emissions from all sources by November 15,
1992. This inventory is for calendar year 1990 and is denoted as the
base year inventory. It includes both anthropogenic and biogenic
sources of volatile organic compound (VOC), nitrogen oxides (NOX),
and carbon monoxide (CO). The inventory is to address actual VOC,
NOX, and CO emissions for the area during a peak ozone season,
which is generally comprised of the summer months. All stationary point
and area sources, as well as highway mobile sources within the
nonattainment area, are to be included in the compilation. Available
guidance for preparing emission inventories is provided in the General
Preamble (57 FR 13498, April 16, 1992).
Today's Rulemaking
Section 110(k) of the Act sets out provisions governing EPA's
review of base year emission inventory submittals in order to determine
approval or disapproval under section 182(a)(1) (see 57 FR 13565-66,
April 16, 1992). EPA is approving the 1990 base year ozone emission
inventory submitted to EPA for the Atlantic City, New York/Northern New
Jersey/Long Island, Philadelphia/Wilmington, Trenton, and Allentown/
Bethlehem/Easton nonattainment areas, based upon the review procedures
outlined in the next section.
A. Criteria for Approval
There are general and specific components of an acceptable emission
inventory. In general, the emission inventory must meet certain minimum
requirements for reporting each source category. Specifically, the
source requirements are detailed below.
A Level I and II review process, which is described in supporting
documentation, is used to determine that all components of the base
year inventory are present. This review also evaluates the level of
supporting
[[Page 51352]]
documentation provided by the state, assesses whether the emissions
were developed according to current EPA guidance, and evaluates the
quality of the data.
The level III review process is outlined here and consists of 10
points that the inventory must include. For a base year emission
inventory to be acceptable it must pass all of the following acceptance
criteria:
Was there an approved Inventory Preparation Plan (IPP)?
Was the QA program contained in the IPP implemented and was its
implementation documented?
Was documentation adequate to enable the reviewer to
determine the emission estimation procedures and the data sources used
to develop the inventory?
Is the point source inventory complete?
Were point source emissions prepared/calculated according
to current EPA guidance?
Is the area source inventory complete?
Were the area source emissions prepared/calculated
according to current EPA guidance?
Were biogenic emissions prepared/calculated using PC-BEIS
according to current EPA guidance?
Was the method (e.g., Highway Performance Monitoring
System (HPMS), network transportation planning model) used to develop
Vehicles Miles Traveled (VMT) estimates in accordance with EPA
guidance, and was it adequately described and documented in the
inventory report?
Was the MOBILE 4.1 vehicle emissions model correctly used
to produce emission factors for each of the eight MOBILE 4.1 vehicle
classes?
Were the emission estimates for non-road source categories
correctly prepared according to current EPA guidance?
The base year emission inventory is approvable if it passes Levels
I, II, and III of the review process. Detailed Level I and II review
procedures can be found in the following document: ``Quality Review
Guidelines for 1990 Base Year Emission Inventories,'' U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Research Triangle Park, NC, July 27, 1992. Level III review
procedures are specified in a memorandum from David Mobley and G.T.
Helms to the Regions ``1990 O3/CO SIP Emission Inventory Level III
Acceptance Criteria,'' October 7, 1992 and revised in a memorandum from
John Seitz to the Regional Air Directors dated June 24, 1993.
B. 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 provides that each emission inventory submitted by a state
must 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. EPA created a ``de minimis''
exception to the public hearing requirement for minor changes. EPA
defines ``de minimis'' for such purposes to be those in which the 15
percent reduction calculation and the associated control strategy or
the maintenance plan showing, do not change. States will aggregate all
such ``de minimis'' changes together when making the determination as
to whether the change constitutes a SIP revision. The states will need
to make the change through a formal SIP revision process, in
conjunction with the change to the control measure or other SIP
programs. Section 110(a)(2) of the Act similarly provides that each
revision to an implementation plan submitted by a state under the Act
must be adopted by such state after reasonable notice and public
hearing.
\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).
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C. State Submittal
The State of New Jersey held a public hearing on October 14 and 19,
1993 to receive public comment on the 1990 base year emission inventory
for the Atlantic City, New York/Northern New Jersey/Long Island,
Philadelphia/Wilmington/Trenton, and Allentown/Bethlehem/Easton
nonattainment areas of New Jersey. The inventory was adopted by the
State and signed and submitted by the Commissioner on November 15, 1993
as a proposed revision to the SIP. On November 21, 1994, New Jersey
submitted a technical amendment to its carbon monoxide SIP, which
included revisions to the 1990 base year ozone emission inventory. In a
letter dated April 16, 1994, EPA found the emission inventory to be
complete.
Based on EPA's level III review findings, New Jersey has satisfied
all of EPA's requirements for purposes of providing a comprehensive,
accurate, and current inventory of actual emissions in the ozone
nonattainment areas. A summary of EPA's level III findings is given
below:
New Jersey submitted an Inventory Preparation Plan for the
Development of Ozone/CO SIP Inventory of Base Year 1990 Emissions,
dated August 1991 and revised April 1992. This Plan contained a Quality
Assurance Plan which was implemented and documented.
The inventory is well documented. New Jersey provided
documentation detailing the methods used to develop emissions estimates
for each category. In addition, New Jersey identified the sources of
data used in developing the inventory.
The point and area source inventories are complete and
were prepared/calculated in accordance with EPA guidance.
New Jersey biogenic emissions were prepared/calculated
using the July, 1991 version of PC-BEIS according to current EPA
guidance.
The method used to develop VMT estimates was in accordance
with EPA guidance and was adequately described and documented in the
inventory report.
The most current version of the mobile model was used
correctly for each of the eight vehicle classes.
Emission estimates for the non-road mobile source
categories were correctly prepared according to EPA guidance.
Based on EPA guidance, the inventory is complete and approvable. A
more detailed discussion of how the emission inventory was reviewed and
the results are presented in the supporting TSD.
A summary of the emission inventories broken down by point, area,
biogenic, on-road, and non-road mobile sources are presented in the
following tables:
[[Page 51353]]
New York/Northern New Jersey/Long Island Ozone Nonattainment Area (New Jersey Portion) Emissions
[Tons/day]
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On-road Non-road
Area Point mobile mobile Total
Pollutant source source source source Biogenics emissions
emissions emissions emissions emissions
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VOC........................................... 294 238 341 136 210 1,219
NOX........................................... 53 451 397 140 N/A 1,041
CO............................................ 41 73 2162 974 N/A 3,250
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Atlantic City MSA Ozone Nonattainment Area (New Jersey Portion) Emissions
[Tons/day]
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On-road Non-road
Area Point mobile mobile Biogenics Total
Pollutant source source source source emissions emissions
emissions emissions emissions emissions
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VOC........................................... 17 1 23 11 54 106
NOX........................................... 2 62 29 13 N/A 106
CO............................................ 4 3 148 67 N/A 222
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Allentown/Bethlehem MSA Ozone Nonattainment Area (New Jersey Portion) Emissions
[Tons/day]
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On-road Non-road
Area Point mobile mobile Biogenics Total
Pollutant source source source source emissions emissions
emissions emissions emissions emissions
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VOC........................................... 6 3 7 4 24 44
NOX........................................... 1 11 10 2 N/A 24
CO............................................ 1 1 45 18 N/A 65
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Philadelphia/Wilmington/Trenton CMSA Ozone Nonattainment Area (New Jersey Portion) Emissions
[Tons/day]
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On-road Non-road
Area Point mobile mobile Biogenics Total
Pollutant source source source source emissions emissions
emissions emissions emissions emissions
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VOC........................................... 100 112 108 46 203 569
NOx........................................... 12 308 132 40 N/A 492
CO............................................ 15 55 701 314 N/A 1,085
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Conclusion
EPA is fully approving the SIP ozone precursor emission inventory
submitted to EPA by the State of New Jersey on November 15, 1993 and
amended on November 21, 1994. The State has submitted a complete
inventory containing point, area, biogenic, on-road, and non-road
mobile source data, and adequate documentation.
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.
EPA is publishing this rule without prior proposal because EPA
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. Thus, this direct final action
will be effective December 1, 1995, unless, by November 1, 1995,
adverse or critical comments are received.
If the EPA receives such comments, this rule will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then 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
[[Page 51354]]
rule should do so at this time. If no adverse comments are received,
the public is advised that this rule will be effective in 60 days. (See
47 FR 27073 and 59 FR 24059).
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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 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 any small entities affected. Moveover,
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
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976);
42 U.S.C. Sec. 7410(a)(2).
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the state and any affected local or tribal governments have
elected to adopt the program provided for under sections 110 and 182 of
the Clean Air Act. These rules may bind state, local and tribal
governments to perform certain actions and also require the private
sector to perform certain duties. To the extent that the rules being
approved by this action would impose any mandate upon the state, local
or tribal governments either as the owner or operator of a source or as
a regulator, or would impose any mandate upon the private sector, EPA's
action will impose no new requirements; such sources are already
subject to these regulations under state law. Accordingly, no
additional costs to state, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this direct final action does not include a mandate that may result in
estimated annual costs of $100 million or more to state, local, or
tribal governments in the aggregate or to the private sector.
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.
Under section 307(b)(l) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: September 18, 1995.
William J. Muszynski,
Deputy Regional Administrator.
Part 52, chapter I, 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 FF--New Jersey
2. Section 52.1582 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic
substances) and carbon monoxide.
* * * * *
(d) The base year ozone precursor emission inventory requirement of
section 182(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the Atlantic City, New York/ Northern New Jersey/Long
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/
Easton areas of New Jersey. The inventory was submitted on November 15,
1993 and amended on November 21, 1994 by the New Jersey Department of
Environmental Protection as a revision to the ozone State
Implementation Plan (SIP).
[FR Doc. 95-24461 Filed 9-29-95; 8:45 am]
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