[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48629-48632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23260]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA016-5917a; FRL-5603-3]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia--1990 Base Year Emission Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the Virginia State
Implementation Plan (SIP) which pertains to the 1990 base year ozone
emission inventory for the Richmond-Petersburg, Norfolk-Virginia Beach,
and Smyth County ozone nonattainment areas. These areas were classified
by EPA as moderate (Richmond-Petersburg area) and marginal (Norfolk-
Virginia Beach area and Smyth County). The SIP was submitted by the
Commonwealth of Virginia Department of Environmental Quality (VDEQ) for
the purpose of establishing the 1990 baseline emissions contributing to
ozone nonattainment problems in these three areas. This action is being
taken under section 110 of the Clean Air Act.
DATES: This action is effective November 15, 1996, unless notice is
received on or before October 16, 1996, 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 Arnold, Section 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
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office, or via e-mail at quinto.rose@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 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 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 1990 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 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. 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 Virginia ozone 1990 base year emissions
inventory, EPA is applying its interpretations taking into
consideration the specific factual issues presented.
[[Page 48630]]
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 compound (VOC),
nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is
to address actual VOC, NOx, and CO emissions for the area during
the 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).
Criteria for Inventory Approval
There are general and specific components of an acceptable emission
inventory. In general, the state must meet the minimum requirements for
reporting each source category. Specifically, the source requirements
are detailed below.
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. The data quality is also evaluated.
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:
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 Levels 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.
State Submittal
VDEQ submitted revisions to the SIP on November 11, 1992 (for the
Richmond-Petersburg area) and November 18, 1992 (for the Norfolk-
Virginia and Smyth County areas). The revised inventory was submitted
to EPA on November 1, 1993 and again on December 15, 1994 for the
Richmond-Petersburg, Norfolk-Virginia and Smyth County areas.
The SIP revisions were 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
April 14, 1993.
EPA Analysis
Based on EPA's level III review findings, Virginia has satisfied
all of EPA's requirements for 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:
1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA)
program was approved by EPA and implemented on March 27, 1992.
2. The documentation was adequate for all emission types
(stationary point, area, non-road 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 in accordance with EPA guidance and 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 Virginia's submittal meets the
essential reporting and documentation requirements for an 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
tables below.
[[Page 48631]]
Richmond-Petersburg Ozone Season Emissions in Tons Per Day
[Richmond Ozone Nonattainment Area]
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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............................... 45.2 59.5 64.7 17.78 153.3 340.2
NOx............................... 9.62 144.1 62.9 22.28 N/A 238.9
CO................................ 39.2 19.8 430.1 130.76 N/A 619.1
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Norfolk-Virginia Beach Ozone Season Emissions in Tons Per Day
[Hampton Roads Ozone Nonattainment Area]
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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............................... 86.12 36.4 107.5 43.48 64.9 338.4
NOx............................... 14.29 67.9 75.5 52.31 N/A 210.0
CO................................ 28.24 15.5 713.2 272.46 N/A 1029.4
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Smyth County Ozone Season Emissions in Tons Per Day
[White Top Mountain Ozone Nonattainment Area]
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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............................... N/A 12.89 N/A N/A 35.13 48.02
NOx............................... N/A 1.19 N/A N/A N/A 1.19
CO................................ N/A 0.45 N/A N/A N/A 0.45
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EPA has determined that the submittal made by the Commonwealth of
Virginia satisfies the relevant requirements of the CAAA. EPA's
detailed review of Virginia's 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 notice.
EPA is approving this SIP revision 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, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective November 15, 1996 unless, within 30 days of publication,
adverse or critical comments are received.
If 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 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 November 15, 1996.
Final Action
EPA is approving revisions to the Virginia SIP to include the 1990
Emission Inventories for the Richmond-Petersburg, Norfolk-Virginia
Beach, and Smyth County ozone nonattainment areas. The inventories
consist of point, area, non-road mobile, biogenics and on-road mobile
source emissions for VOC, NOX and CO. This revision was submitted
to EPA by the Commonwealth of Virginia on November 11, 1992 and
November 18, 1992, as amended on November 1, 1993 and December 15,
1994.
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 the 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 Regional
Administrator 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,
[[Page 48632]]
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 SIP's 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 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 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 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.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure 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.
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 November 15, 1996. 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 Richmond-Petersburg, Norfolk-Virginia Beach
and Smyth County, Virginia ozone 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.
Dated: August 21, 1996.
W. Michael McCabe,
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 VV--Virginia
2. Section 52.2425 is amended by revising the section heading; by
designating the existing text as paragraph (a) and adding paragraph (b)
to read as follows:
Sec. 52.2425 1990 Base Year Emission Inventory.
* * * * *
(b) EPA approves as a revision to the Virginia State Implementation
Plan the 1990 base year emission inventories for the Richmond-
Petersburg, Norfolk-Virginia Beach, and Smyth County ozone
nonattainment areas submitted by the Director, Virginia Department of
Environmental Quality on November 11, 1992, November 18, 1992, November
1, 1993, and December 15, 1994. These submittals consist of the 1990
base year point, area, non-road mobile, biogenic and on-road mobile
source emission inventories in each area for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOx).
[FR Doc. 96-23260 Filed 9-13-96; 8:45 am]
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