[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14892]
[[Page Unknown]]
[Federal Register: June 20, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN37-1-6217A, IN38-1-6256A; FRL-5000-8]
Approval and Promulgation of Implementation Plan; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (USEPA)
approves Indiana's 1990 base year ozone precursor emission inventories
for certain ozone nonattainment areas as a revision to the Indiana
ozone State Implementation Plan (SIP). The emission inventories were
submitted by the State of Indiana to satisfy a Federal requirement that
States containing ozone nonattainment areas submit inventories of
actual ozone precursor emissions in accordance with USEPA guidance. The
ozone nonattainment areas covered by the emission inventories addressed
in this rulemaking are: Evansville (Vanderburgh County); Indianapolis
(Marion County); Louisville (Clark and Floyd Counties); and South Bend/
Elkhart (Elkhart and St. Joseph Counties). (The emission inventories
for Lake and Porter Counties, the only other ozone nonattainment areas,
will be addressed in a separate rulemaking action.) In the proposed
rules section of this Federal Register, USEPA is proposing approval of
and soliciting public comment on this requested SIP revision. If
adverse comments are received on this direct final rule, USEPA will
withdraw this final rule and address the comments received in response
to this final rule in a final rule on the related proposed rule which
is being published in the proposed rules section of this Federal
Register.
DATES: This final rule will be effective August 19, 1994 unless notice
is received by July 20, 1994 that someone wishes to submit adverse
comments. 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 sent to J. Elmer Bortzer, Chief,
Regulation Development Section (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies of
Indiana's emission inventory submittals and USEPA's technical support
documents are available for public review during normal business hours,
between 8 a.m. and 4:30 p.m., at the above address.
FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development
Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604. Telephone: (312) 886-6057.
SUPPLEMENTARY INFORMATION:
I. Emission Inventory Policy and Guidelines
Under the Clean Air Act (Act), as amended in 1990, States have the
responsibility to inventory emissions contributing to the violation of
a National Ambient Air Quality Standard (NAAQS), to track these
emissions over time, and to ensure that control strategies are being
implemented that reduce emissions and move areas towards attainment of
the NAAQS. States containing ozone nonattainment areas are required,
under section 182(a)(1) of the Act, to submit by November 15, 1992, a
comprehensive, accurate, and current inventory of actual ozone
precursor emissions (emissions of Volatile Organic Compounds (VOC),
Oxides of Nitrogen (NOX), and Carbon Monoxide (CO)) for each ozone
nonattainment area. This inventory must include base year (1990)
emissions from point, area, on-road mobile, and non-road mobile
anthropogenic (man-made) sources and biogenic (natural or plant
generated) sources in the ozone nonattainment area(s) and the ozone
precursor emissions from major stationary sources (with VOC, CO, or
NOX emissions equal to or exceeding 100 tons per year) located
within 25 miles of the nonattainment area(s). The emissions inventory
must be established for the peak ozone season (those months when peak
hourly ozone concentrations occur in excess of the primary ozone NAAQS,
generally June through August in Indiana) and must represent typical
weekday emissions. Available guidance for preparing and reviewing the
emission inventories is provided in the General Preamble to Title I of
the Act. See 57 FR 13498 (April 16, 1992). Additional guidance is
identified in the Technical Support Document (TSD) for this rulemaking.
The Act also requires States with ozone nonattainment areas
designated as moderate, serious, severe, or extreme to submit a plan by
November 15, 1993, to reduce VOC emissions by 15 percent by November
15, 1996. The baseline level of emissions, from which the 15 percent
reduction is calculated, is determined by adjusting the base year
emissions inventory to exclude biogenic emissions and certain emission
reductions not creditable toward the 15 percent Reasonable Further
Progress (RFP) requirement. The 1990 base year emissions inventory is
the primary emissions inventory from which the RFP projection
inventory, future periodic inventories, and attainment demonstration
modeling inventories are derived. Further information on these
inventories and their purposes 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.
As a primary tool for the review of the quality of emission
inventory submittals, the USEPA has developed three levels (I, II, and
III) of emission inventory quality assurance review checklists. The
Level I and II reviews 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 supporting documentation and data provided by the State
and assess whether the emission estimates were developed according to
current USEPA guidance. The Level III review evaluates 10 crucial
aspects and the overall acceptability of the emission inventory
submittal. Failure to meet one of these crucial aspects would lead to
disapproval of the emission inventory submittal. The 10 crucial
requirements of the emission inventory submittal are:
1. An Inventory Preparation Plan (IPP) must be submitted by the
State and approved by the USEPA. In addition, a Quality Assurance (QA)
plan contained within the IPP must have been implemented and
documented.
2. The emission inventory submittal must contain adequate
documentation showing the procedures and input data used and the input
data sources.
3. The point source portion of the inventory must be complete.
4. The point source emissions must have been prepared or calculated
in accordance with current USEPA guidance.
5. The area source portion of the inventory must be complete.
6. The area source emissions must have been calculated in
accordance with current USEPA policy.
7. The biogenic emissions must have been calculated using USEPA's
PC-Biogenic Emissions Inventory System (PC-BEIS) or other equivalent
techniques in accordance with current USEPA guidance.
8. The Vehicle Miles Travelled (VMT) estimates used in the
calculation of on-road mobile source emissions must have been developed
in accordance with USEPA guidance and must have been adequately
documented in the inventory submittal.
9. The MOBILE emission factor model must have been correctly
applied to produce emission factors for each of the vehicle classes.
10. Non-road mobile source emissions must have been prepared in
accordance with current USEPA guidance for all of the non-road source
categories.
The base year emission inventory may be approved if it passes the
Level I, II, and III reviews. Detailed Level I and II review procedures
and questions can be found in the ``Quality Review Guidelines for 1990
Base Year Emission Inventories,'' U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina, July 27, 1992. Level III review procedures and criteria
are specified in a memorandum from David Mobley, Emission Inventory
Branch, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, to the Chief of the Regulation
Development Branch, Region V, et. al., title ``Final Emission Inventory
Level III Acceptance Criteria,'' October 7, 1992.
The Act requires States to observe certain procedural requirements
in developing and submitting SIP revisions, including the base year
emissions inventory submittal. Section 110(a)(2) of the Act provides
that each SIP revision submitted by a State must be adopted after
reasonable notice and public hearing. Final approval of the emissions
inventory will not occur until the State revises the emissions
inventory to address public comments.
II. Indiana's Emission Inventory Submittals
On January 15, 1994, the Indiana Department of Environmental
Management (IDEM) submitted the final, adopted base year ozone
precursor emissions inventories for the Evansville, Louisville, and
South Bend/Elkhart ozone nonattainment areas. On February 14, 1994, the
City of Indianapolis (acting for the State of Indiana) submitted the
final, adopted base year ozone precursor emissions inventory for the
Indianapolis ozone nonattainment area. The emission inventory
submittals cover the emissions of VOC, NOX, and CO for the
following ozone nonattainment areas: Evansville (Vanderburgh County);
Indianapolis (Marion County); Louisville (Clark and Floyd Counties);
and South Bend/Elkhart (Elkhart and St. Joseph Counties). (The emission
inventories for Lake and Porter Counties, the only other ozone
nonattainment areas, will be addressed in a separate rulemaking
action.) In addition to emissions from the ozone nonattainment areas,
the submittals also cover VOC, NOX, and CO emissions from major
stationary sources (with actual emissions for any of the covered
pollutants equal to or in excess of 100 tons per year) in all counties
located within 25 miles of the ozone nonattainment areas.
Prior to developing the base year emission inventories, the State
of Indiana developed an IPP as required by the USEPA. This IPP was
approved by the USEPA in March 1992.
Emissions contained in the emission inventories cover the general
source categories of stationary point sources (or simply point
sources), area sources, on-road mobile sources, off-road mobile
sources, and biogenic sources. Emission inventory summary tables in the
submittal include a more detailed source category breakdown as
requested by the USEPA. All emission summaries were accompanied by
documentation covering the sources and values of input data and by
sample calculations.
To determine up-to-date point source emissions, the State and the
City of Indianapolis, respectively, sent emission inventory
questionnaires to all facilities contained in the State's Aerometric
Information Retrieval System (AIRS) and to all sources which hold an
air emissions permit issued by the State or by the City of
Indianapolis. The City of Indianapolis for Marion County and the State
for Vanderburgh, Clark, Floyd, St. Joseph and Elkhart Counties. The
questionnaires contained all key data fields necessary to calculate
typical summer weekday emissions. To assure full coverage of emitting
point sources, the State also consulted other data sources, such as
manufacturer's listings, newly issued construction permits, and other
databases, including Superfund Amendments and Reauthorization Act
(SARA) Title III, section 313 summaries, and the Toxic Release
Inventory. Similarly, the City of Indianapolis also consulted other
data sources and utilized direct company inquiries to assure the
completeness of data.
The point source portions of the emission inventories include
detailed facility-specific emission listings with emissions determined
at the segment level and at the facility total level. Point source
emissions at these source levels were listed for all facilities in the
ozone nonattainment areas with emissions of VOC or NOX equal to or
greater than 10 tons per year or with emissions of CO equal to or
greater than 100 tons per year (facilities with less emissions were
also included in the point source portions of the emission
inventories). Exceedance of the emission cutoff for VOC, NOX, or
CO resulted in the reporting of VOC, NOX, and CO emissions for a
given facility. Point source emissions were calculated using emission
factors contained in AIRS or using techniques outlined in the approved
IPP. Emission factors used were generally obtained from the AIRS
Facility Subsystem (AFS), AP-42 Compilation of Air Pollution Emission
Factors, National Acid Precipitation Assessment Program emission
inventory, direct stack test data, and other USEPA guidelines. The
point source listings included with emission inventory submittals (on
file at the Region 5 office) identify the emission factors, source
activity levels or throughputs, operating schedules, control equipment
efficiencies, and rule effectiveness estimates (a default 80 percent
rule effectiveness level was used for most sources) used for each
facility and facility segment.
Area source emissions were calculated using a variety of
information sources and guidance from the USEPA. Where appropriate,
point source emissions have been subtracted from the calculated area
source emissions to account for source coverage overlap. For all
appropriate source categories, the State and the City of Indianapolis
assumed a rule effectiveness level of 80 percent.
In preparing the area source emissions, the State and the City of
Indianapolis used the following USEPA guidance documents: Procedures
for the Preparation of Emission Inventories for Carbon Monoxide and
Precursors of Ozone, Volumes I and II, EPA-450/4-91-016 and EPA-450/4-
91-014, May 1991; and Procedures for Emission Inventory Preparation,
Volume IV: Mobile Sources, EPA-450/4-81-026d, revised July 1989. The
new Volume IV guidance, issued in the Spring of 1992, was used to
estimate railroad and aircraft emissions. Estimates of other off-road
mobile source emissions were based on USEPA's 1991 off-road mobile
source emission study. In making other area source estimates, the State
and the City of Indianapolis followed the approved IPP.
The State has entered the calculated area source emission estimates
into USEPA's AIRS Area and Mobile Source System (AIRS/AMS). The data
are well documented in both hardcopy and in computer data files
submitted with the emission inventory submittals as additional
documentation.
On-road mobile source emissions were calculated using USEPA's
Procedures for Emission Inventory Preparation, Volume IV: Mobile
Sources (as revised in 1989) and USEPA's MOBILE5A model. Daily Vehicle
Miles Travelled (VMT) and speed data by county and roadway type were
obtained from the Indiana Department of Transportation (InDOT), who
used the Highway Performance Monitoring System (HPMS) to determine VMT
by roadway functional class. The VMT provided by InDOT were annual
average daily traffic levels. Insufficient data existed to allow the
VMT to be adjusted to the summer months and the day of week levels. To
quality assure the VMT estimates, the local Metropolitan Planning
Organizations (MPOs) were requested to confirm the VMT estimates or to
correct them if needed based on more representative data. The VMT were
quality assured through comparison with current roadway traffic counts.
The MPOs recommended vehicle speeds based on the use of local
transportation models (the MINUTP transportation model was used in the
Evansville, Louisville (Clark and Floyd Counties, Indiana), and South
Bend/Elkhart areas, while the City of Indianapolis chose to use the
default speeds recommended by the USEPA in MOBILE5A). The speeds
derived using the MINUTP transportation model were on average higher
than the default speeds recommended by the USEPA. Nonetheless the MPOs
believe the model-generated speeds are more representative of their
areas than the recommended default speeds and are justified on
observations of actual traffic flow rates (no monitored speeds were
presented to defend these conclusions). The estimated speeds were used
in conjunction with USEPA recommended defaults for vehicle mixtures to
determine emission rates for each roadway type. Fuel volatility was
assumed to comply with USEPA requirements for the areas. The ambient
temperatures used in the mobile source emissions modeling were derived
from the average maximum and minimum temperatures on the ten highest
ozone days for the period of 1988 through 1990 for each area using an
approach recommended by the USEPA. The emission factors determined
using MOBILE5A were combined with the total VMT for each functional
roadway class to determine the total mobile source emissions for each
county. All parameters used in the mobile source emissions modeling,
including the parameters used by the MOBILE5A model, were well
documented.
The biogenic emissions for each of the counties were determined
using USEPA's PC-BEIS model. Included in the documentation of the
applications of this model were descriptions of the methodology used to
determine temperature inputs for the model. The temperature inputs were
determined using the technique recommended by the USEPA. The
applications of PC-BEIS also included the use of land use data supplied
by the USEPA.
The State of Indiana held public hearings on the Evansville, Clark
and Floyd Counties, and South Bend/Elkhart emission inventories on June
28, 1993, and July 6, 1993. Comments received during these public
hearings were used to make appropriate corrections in the emission
inventories. A public hearing on the Indianapolis emission inventory
submittal was held on November 5, 1993.
The emissions in units of tons/day for an average day are
summarized below:
------------------------------------------------------------------------
Source type VOC CO NOX
------------------------------------------------------------------------
Evansville (Vanderburgh County)
------------------------------------------------------------------------
Point Sources.................... 12.76 1.20 2.78
Area Sources..................... 12.46 1.71 2.14
On-Road Mobile Sources........... 25.25 155.33 14.11
Off-Road Mobile Sources.......... 7.50 41.00 7.70
Biogenic Sources................. 8.37 ........... ...........
------------------------------------------------------------------------
Totals..................... 66.34 199.24 26.73
------------------------------------------------------------------------
Indianapolis (Marion County)
------------------------------------------------------------------------
Point Sources.................... 29.17 220.77 53.63
Area Sources..................... 48.70 37.88 30.94
On-Road Mobile Sources........... 107.22 731.50 63.44
Off-Road Mobile Sources.......... 19.24 147.70 28.56
Biogenic Sources................. 25.29 ........... ...........
--------------------------------------
Totals..................... 229.62 1137.85 176.57
------------------------------------------------------------------------
Louisville (Clark and Floyd Counties)
------------------------------------------------------------------------
Point Sources.................... 7.52 8.44 44.50
Area Sources..................... 10.78 2.46 1.25
On-Road Mobile Sources........... 19.10 106.99 13.32
Off-Road Mobile Sources.......... 6.69 36.90 5.12
Biogenic Sources................. 38.02 ........... ...........
--------------------------------------
Totals..................... 82.11 154.79 64.19
------------------------------------------------------------------------
South Bend/Elkhart (Elkhart and St. Joseph Counties)
------------------------------------------------------------------------
Point Sources.................... 14.44 1.06 10.81
Area Sources..................... 41.83 5.47 6.32
On-Road Mobile Sources........... 39.83 249.95 31.36
Off-Road Mobile Sources.......... 10.13 56.42 17.82
Biogenic Sources................. 19.62 ........... ...........
--------------------------------------
Totals..................... 125.85 312.90 66.31
------------------------------------------------------------------------
III. Final Rulemaking Action
The USEPA has conducted Level I, II, and III quality assurance
reviews of the emission inventory submittals and has concluded that the
State of Indiana has met the requirements of section 182(a)(1) of the
Act by submitting ozone precursor emission inventories that include
comprehensive, accurate, and current actual emissions from all
identified sources in the subject ozone nonattainment areas. In
particular, the Indiana submittals meet the 10 crucial criteria
contained in the Level III quality assurance review. The emission
inventories are, therefore, approved for incorporation in the SIP as
satisfying the requirements of section 182(a)(1) of the Act.
Because USEPA considers this action to be noncontroversial and
routine, the USEPA is approving it without prior approval. This action
will become effective on August 19, 1994. However, if the USEPA
receives adverse comments by July 20, 1994, then the USEPA will publish
a notice that withdraws the action, and will address the comments
received in response to this final rule in the final rule on the
requested SIP revision which has been proposed for approval in the
proposed rules section of this Federal Register. The comment period
will not be extended or reopened.
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. A future notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of the Executive Order 12291 for a period of
2 years. The USEPA has submitted a request for a permanent waiver for
Tables 2 and 3 SIP revisions. The OMB has agreed to continue the waiver
until such time as it rules on USEPA's request. This request continues
in effect under Executive Order 12866, which superseded Executive Order
12291 on September 30, 1993. The OMB has exempted this regulatory
action from Executive Order 12866 review.
Nothing in this section 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 any SIP shall be
considered separately 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 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.
The 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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: June 8, 1994.
David A. Ullrich,
Acting 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 P--Indiana
2. Section 52.777 is amended by adding paragraph (g) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(g) The base year ozone precursor emission inventory requirement of
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following areas: Vanderburgh County in the Evansville
Metropolitan Area; Marion County in the Indianapolis Metropolitan Area;
and St. Joseph and Elkhart Counties in the South Bend Metropolitan
Area.
[FR Doc. 94-14892 Filed 6-17-94; 8:45 am]
BILLING CODE 6560-50-P
