[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Pages 19676-19679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10508]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DC010-5914a; MD033-7157a; FRL-5814-1]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia and State of Maryland--1990 Base Year Emission
Inventory for the Metropolitan Washington DC Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the District of Columbia (DC)
and the State of Maryland State Implementation Plans (SIPs) which
pertain to the 1990 base year ozone emission inventories for the
Washington DC-MD-VA Consolidated Metropolitan Statistical Area (CMSA)
ozone nonattainment area. This area, commonly referred to as the
Metropolitan Washington DC area, is classified as a serious ozone
nonattainment area. The SIP revisions were prepared by the Metropolitan
Washington Council of Governments and submitted by the District and the
State of Maryland for the purpose of establishing the 1990 baseline of
emissions contributing to ozone nonattainment problems in the
Metropolitan Washington DC area. This rulemaking action is for
Washington DC and Maryland portions of the area only. The approval of
the SIP revision submitted by the Commonwealth of Virginia for its
portion of the base year inventory of the Metropolitan Washington DC
area was published on September 16, 1996 (61 FR 48632). This action is
being taken under section 110 of the Clean Air Act.
DATES: This action is effective June 9, 1997 unless notice is received
on or before May 23, 1997 that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &
Mobile Sources Section, Mailcode 3AT21 Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the Air, Radiation,
and Toxics Division, Environmental Protection Agency, Region III, 841
Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460; and the District of
Columbia Department of Consumer and Regulatory Affairs, 2100 Martin
Luther King Avenue, SE., Washington, DC 20020; and Maryland Department
of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.
FOR FURTHER INFORMATION CONTACT: Pauline De Vose, (215) 566-2186, at
EPA Region III address, or via e-mail at
devose.pauline@epamail.epa.gov. While information may be requested via
e-mail, comments must be submitted in writing to the above Region III
address.
SUPPLEMENTARY INFORMATION:
Background
Under the 1990 Clean Air Act Amendments (CAAA), States have the
responsibility to inventory emissions contributing to national ambient
air quality standard 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 CAAA requires ozone
nonattainment areas designated as moderate, serious, severe, and
extreme to submit a plan within three years of 1990 to reduce VOC
emissions by 15 percent within six years after 1990 (15% plan). The
baseline level of emissions, from which the 15 percent reduction is
calculated, is determined by adjusting the base year inventory to
exclude biogenic emissions and to exclude certain emission reductions
not creditable towards the 15% plan. 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,'' Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina, March 1991. The 1990 base year
inventory may also serve as part of statewide inventories for purposes
of regional modeling in transport areas. The 1990 base year inventory
plays an important role in modeling demonstrations for areas classified
as moderate and above that are located 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
CAAA. The 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 CAAA, 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
interpretations here only in broad terms, the reader should refer to
the General Preamble for a more detailed discussion of the
interpretations of Title I advanced in today's proposal and the
supporting rationale. In today's rulemaking action on the District of
Columbia and Maryland portions of the Metropolitan Washington DC ozone
nonattainment area's 1990 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 CAAA to
submit a final, comprehensive, accurate, and current inventory of
actual ozone season, weekday emissions from all sources within 2 years
of enactment (November 15, 1992). This inventory is for calendar year
1990 and is denoted as the 1990 base year inventory. It includes both
anthropogenic and biogenic sources of volatile organic compounds
(VOCs), nitrogen oxides (NOX), and carbon monoxide (CO). The
inventory is to address actual VOC, NOX, and CO emissions
for the area during peak ozone season, which is generally comprised of
the summer months. All emissions from stationary point and area
sources, as well as highway and non-road mobile sources, and biogenic
emissions 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).
[[Page 19677]]
Criteria for Approval
There are general and specific components of an acceptable emission
inventory. In general, a state must meet the minimum requirements for
reporting by source category. Specifically, the source requirements are
detailed below.
The Levels 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. The data quality is also evaluated.
The Level III review process, as outlined here, consists of 10
criteria. For a base year emission inventory to be acceptable it must
pass all of the following acceptable 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 be prepared or calculated
according to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must be prepared or calculated
according to the current EPA guidance.
7. Biogenic emissions must be prepared according to current EPA
guidance or another approved technique.
8. The method (e.g., HPMS or a network transportation planning
model) used to develop VMT estimates must follow EPA guidance, which
is detailed in the document, ``Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources'', Environmental Protection
Agency, Office of Mobile Sources and Office of Air Quality Planning
and Standards, Ann Arbor, Michigan, and Research Triangle Park,
North Carolina, December 1992. The VMT development methods must be
adequately described and documented in the inventory report.
9. The MOBILE model (or EMFAC model for California only) must be
correctly used to produce emission factors for each of the vehicle
classes.
10. Non-road mobile emissions must be prepared according to
current EPA guidance for all of the source categories.
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'', 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.
The District of Columbia and State of Maryland Submittals
On January 13, 1994 and March 21, 1994, the Department of Consumer
and Regulatory Affairs (DCRA) for the District of Columbia and the
Maryland Department of the Environment (MDE), respectively, submitted
the 1990 base year emission inventories as formal revisions to their
State Implementation Plans (SIPs).
The submittals were reviewed by EPA to determine completeness
shortly after their submittals, in accordance with the completeness
criteria set out at 40 CFR Part 51, Appendix V (1991), as amended by 56
FR 42216 (August 26, 1991). The submittals were found to be complete on
July 13, 1994; and June 1, 1994, respectively.
EPA Analysis
Based on EPA's Level I, II, and III review findings, the District
and Maryland have satisfied all of EPA's requirements for providing a
comprehensive and accurate 1990 base year inventory of actual emissions
for their portions of the Metropolitan Washington DC ozone
nonattainment area. A summary of EPA's Level III findings is given
below:
1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA)
program have been approved and implemented. These were approved on
March 27, 1992 and August 11, 1992 for the District and Maryland,
respectively.
2. The documentation was adequate for all emission types
(stationary point, area, highway mobile, on-road mobile and biogenic
sources) for the reviewer to determine the estimation procedures and
data sources used to develop the inventory.
3. The point source inventory was found to be complete.
4. The point source emissions were estimated according to EPA
guidance.
5. The area source inventory was found to be complete.
6. The area source emissions were estimated according to EPA
guidance.
7. The biogenic source emissions were estimated using the Biogenic
Emission Inventory System (PC-BEIS) in accordance with EPA guidance.
8. The method used to develop vehicle miles traveled (VMT)
estimates was adequately described and documented.
9. The mobile model was used correctly.
10. The non-road mobile emission estimates were correctly prepared
in accordance with EPA guidance.
Thus, EPA has determined that the District's and the State of
Maryland's submittals meet the essential reporting and documentation
requirements for a 1990 base year emission inventory.
A summary of the emission inventories broken down by point, area,
biogenic, on-road, and non-road mobile sources are presented in the
table below.
District of Columbia Ozone Season Emissions in Tons Per Day
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Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
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VOC............................. 19.991 1.701 32.27 11.32 3.150 68.432
NOX.............................. 2.970 30.919 23.56 13.28 N/A 70.729
CO............................... 2.698 4.306 248.33 145 N/A 400.334
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[[Page 19678]]
Maryland Portion of the Metropolitan Washington DC Area Ozone Season Emissions in Tons Per Day
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Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
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VOC............................. 98.89 8.042 108.47 33.37 225.96 474.742
NOX............................. 65.476 204.903 125.14 39.15 N/A 434.669
CO.............................. 51.799 9.796 901.490 427.42 N/A 1390.505
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EPA has determined that the submittals made by DCRA and MDE satisfy
the relevant requirements of the CAAA. EPA's detailed review of the
emission inventories is contained in a Technical Support Document (TSD)
which is available, upon request, from the EPA Regional Office listed
in the ADDRESSES section of this document.
EPA is approving these SIP revisions without prior proposal because
the Agency views these as noncontroversial amendments and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revisions
should adverse or critical comments be filed. This action will become
effective June 9, 1997 unless, by May 23, 1997, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document 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. 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 on June 9, 1997.
Final Action
EPA is approving revisions to the District of Columbia and Maryland
SIPs. These revisions consist of the District's and Maryland's portions
of the 1990 Base Year Emission Inventory for the Metropolitan
Washington DC ozone nonattainment area. The inventories consist of
point, area, highway mobile, non-road mobile and biogenic emissions for
VOC, NOX and CO. The revisions were submitted to EPA by DCRA
and MDE on January 13, 1994 and March 21, 1994, respectively.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to a SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Executive Order 12866
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.
Regulatory Flexibility Act
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 economic 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 CAAA 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,
the EPA certifies 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 CAAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The CAAA forbids EPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410 (a)(2).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandate Act''), signed into law on March 22, 1995, EPA must
prepare a budgetary impact statement to accompany any proposed or final
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 proposed/
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 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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 5
U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the CAAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 23, 1997. Filing a petition for
reconsideration by the Administrator of this 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, regarding the District of Columbia,
[[Page 19679]]
Maryland, and Virginia Emission Inventories, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, and SIP requirements.
Dated: April 8, 1997.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
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 J--District of Columbia
2. Section 52.474 is amended by revising the section heading,
designating existing text as paragraph (a) and adding paragraph (b) to
read as follows:
Sec. 52.474 1990 Base Year Emission Inventory.
* * * * *
(b) EPA approves as a revision to the District of Columbia State
Implementation Plan the 1990 base year emission inventory for the
District's portion of the Metropolitan Washington DC ozone
nonattainment area submitted by the Director, DCRA, on January 13,
1994. This submittal consists of the 1990 base year point, area,
highway mobile, non-road and biogenic source emission inventories in
the area for the following pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).
Subpart V--Maryland
3. Section 52.1075 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1075 1990 Base Year Emission Inventory.
* * * * *
(d) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Maryland portion of
the Metropolitan Washington DC ozone nonattainment area submitted by
the Secretary of MDE on March 21, 1994. This submittal consists of the
1990 base year point, area, highway mobile, non-road mobile, and
biogenic source emission inventories in the area for the following
pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and
oxides of nitrogen (NOX).
[FR Doc. 97-10508 Filed 4-22-97; 8:45 am]
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