[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18251-18255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10132]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KS-6-1-6985, MO-31-1-7153; FRL 5448-9]
Approval and Promulgation of Implementation Plans; States of
Kansas and Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: By this action the EPA gives full approval to the State
Implementation Plans (SIP) submitted by the states of Kansas and
Missouri to fulfill the emission inventory update requirement of the
approved Kansas City maintenance plan. The submittals also establish a
motor vehicle emissions budget for the purposes of fulfilling the
requirements of the Federal Transportation Conformity rule.
DATES: This action will be effective June 24, 1996 unless by May 28,
1996 adverse or critical comments are received.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Planning and Development Branch,
726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen at (913) 551-7877.
SUPPLEMENTARY INFORMATION:
I. Background
Based on ambient air quality data for the period 1989 through 1991,
the
[[Page 18252]]
Kansas and Missouri portions of the Kansas City ozone nonattainment
area were redesignated to attainment, and a maintenance plan was
approved, in a June 23, 1992, Federal Register notice. In the approved
maintenance plan, each state committed to completing comprehensive
volatile organic compound (VOC) point source inventory updates at least
twice in each five-year period following the effective date of the
area's redesignation. Area and mobile source inventories are to be
updated at least once every five years. These periodic updates are part
of each state's continued efforts to ascertain whether actual VOC
emissions are within the attainment inventory.
The 1992 approved maintenance SIP was submitted before EPA
finalized its maintenance plan guidance which provided that nitrogen
oxide (NOX) emissions inventories be included in maintenance
demonstrations. However, during the course of EPA review of the
submittal, EPA made an assessment of NOX emissions in Kansas City.
These emission inventory updates supersede the NOX inventory
information for the period 1990 through 2000 developed by EPA during
the review and approval of the 1992 maintenance plan.
On November 23, 1993, pursuant to section 176(c) of the Clean Air
Act, the EPA promulgated the final rule (hereafter referred to as the
Transportation Conformity rule), which established the process by which
the Federal Highway Administration, the Federal Transit Administration,
and metropolitan planning organizations (MPO) determine conformity of
highway and transit projects. This rule applies to Kansas City as an
ozone maintenance area.
The emissions budget is the mechanism EPA has identified for
demonstrating consistency between emissions expected from
implementation of transportation plans, Transportation Improvement
Programs (TIP), and projects with estimates of emissions in the SIP
from on-road motor vehicles. Motor vehicle emissions budgets are the
explicit or implicit identification of the on-road motor vehicle-
related portion of the projected emission inventory used to demonstrate
maintenance of the National Ambient Air Quality Standard for ozone for
a particular year specified in the SIP. The motor vehicle emissions
budget establishes a cap on the predicted highway and transit vehicle
VOC and NOX emissions which, if exceeded, will result in a
nonconformity finding.
The maintenance plan for the Kansas City area was approved before
the promulgation of the Transportation Conformity rule, and therefore
did not include explicit motor vehicle emission budgets for VOCs and
NOX. These SIP revisions amend the 1992 Kansas City ozone
maintenance SIP to specify motor vehicle VOC and NOx emissions
budgets for the Kansas City air quality maintenance area.
II. Review of State Submittal
A comprehensive emissions inventory for both VOCs and NOX ,
which includes an explicit motor vehicle emissions budget, was
submitted by the state of Kansas on May 11, 1995, and by the state of
Missouri on April 12, 1995. These emissions inventory updates were
completed for the Kansas City ozone maintenance area, which includes
Wyandotte and Johnson counties in Kansas and Clay, Jackson, and Platte
counties in Missouri. With the exception of point sources and the
asphalt paving source category, all other emissions estimates were
calculated with 1990 as the base year, and projections were made from
the base to 2010.
Air quality monitoring data, which have recently been quality-
assured, indicate that measured exceedances of the ozone standard were
recorded on July 11, 12, and 13, 1995, at the Liberty monitoring site
in Kansas City. The highest recorded value for each day was .128 ppm,
.161 ppm, and .131 ppm, respectively. These exceedances, added to a
measured exceedance of the ozone standard of .128 ppm, recorded on July
29, 1993, puts the area in violation of the standard.
As required in the approved maintenance plan, contingency measures
must be implemented to address the violation of the ozone standard. The
approved maintenance plan also includes a commitment by the states to
complete a comprehensive VOC emission inventory should a violation of
the ozone standard occur. EPA has determined that the emission
inventory updates submitted by the states of Kansas and Missouri
fulfill the aforementioned commitment. However, if the Kansas City area
experiences further violations of the ozone standard, the emission
inventory will need to be revised.
A. VOC and NOX Emissions Inventory Updates
Part 3.2 and Appendices A, B, and C of the 1992 maintenance SIP
contain VOC emissions inventory estimates from point, area, and mobile
sources for the period 1988 through 2000. These SIP revisions update
and supersede the VOC emissions inventory in its entirety for the
period between 1990 and 2000. This revision also supplements Part 3.2
with VOC emissions inventory projections for 2005 and 2010 in order to
address the requirements of the Transportation Conformity rule. The
NOX emissions inventories supplement the 1992 maintenance SIP with
detailed NOX emissions estimates for the period 1990 through 2000
and for the years 2005 and 2010.
The new emission inventory numbers reflect significant changes in
emissions estimation methodology and changes in the data upon which
estimates are based. The reader is referred to the Technical Support
Document and the states' submittals for detailed information about
methodologies, emission factors, sources of input data, the basis for
projections, seasonal adjustments, conversions, and assumptions. The
1990 VOC inventory includes reductions attributable to Reid Vapor
Pressure control from 9.5 to 9.0 psi consistent with the 1992
Maintenance SIP.
Part 3.4 of the 1992 maintenance SIP specifically defined an
``action line'' that represented the maximum allowable VOC emissions in
the Kansas City metropolitan air quality planning area. The revised
1990 VOC emissions inventories replace the ``action line'' as the
number that represents the maximum allowable VOC emissions in the
Kansas City air quality planning area.
The VOC emissions inventories for the Kansas City ozone maintenance
area are presented in the following tables:
VOC Emissions Summary--All Counties
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 128282.53 39575.47 35821.05 86593.21 32284.52 322556.77
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1992.............................. 96710.10 39857.92 35821.05 86156.15 27733.27 286278.50
1995.............................. 87355.63 41221.27 35821.05 89484.05 30007.33 283889.33
2000.............................. 81815.02 43085.96 35821.05 94974.59 32346.91 288043.53
2005.............................. 73897.25 45135.34 35821.05 100297.17 34977.68 290128.48
2010.............................. 77151.71 47053.42 35821.05 105007.73 37529.13 302563.04
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VOC Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 81506.45 26222.22 22926.35 51480.28 21283.17 203418.47
1992.............................. 61373.89 26399.32 22926.35 51044.25 18621.05 180364.86
1995.............................. 55461.41 27237.63 22926.35 52808.29 20138.78 178572.46
2000.............................. 50495.69 28368.05 22926.35 55569.59 21708.13 179067.80
2005.............................. 45604.20 29684.52 22926.35 58481.09 23474.30 180170.47
2010.............................. 46641.63 30917.71 22926.35 60941.80 25162.72 186590.21
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VOC Emissions Summary--Kansas Counties (Wyandotte and Johnson)
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 46776.08 13353.25 12894.70 35112.93 11001.34 119138.30
1992.............................. 35336.21 13458.59 12894.70 35111.91 9112.22 105913.64
1995.............................. 31894.22 13983.65 12894.70 36675.76 9868.55 105316.87
2000.............................. 31319.33 14717.91 12894.70 39405.01 10638.78 108975.73
2005.............................. 28293.04 15450.81 12894.70 41816.08 11503.38 109958.01
2010.............................. 30510.08 16135.71 12894.70 44065.93 12366.41 115972.83
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The NOX emissions inventories for the Kansas City ozone
maintenance area are presented in the following tables:
NOX Emissions Summary--All Counties
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 103895.82 43860.30 0.00 15830.39 161550.89 325137.39
1992.............................. 102580.57 43182.37 0.00 15669.14 173748.93 335181.02
1995.............................. 101275.32 45812.23 0.00 16966.07 152629.66 316683.27
2000.............................. 98337.95 44300.25 0.00 18565.52 104439.12 265642.84
2005.............................. 95408.56 41857.70 0.00 20378.20 105334.55 262979.01
2010.............................. 98570.22 40375.29 0.00 21707.60 106156.52 266809.64
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NOX Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 66147.65 22398.17 0.00 4104.73 103125.99 195776.54
1992.............................. 65329.61 21998.33 0.00 4115.09 111842.06 203285.09
1995.............................. 64459.65 23655.85 0.00 4412.00 99474.58 192002.08
2000.............................. 60876.51 22757.27 0.00 4808.15 76461.04 164902.96
2005.............................. 59067.93 21277.86 0.00 5254.93 76772.77 162373.50
2010.............................. 60275.27 20396.86 0.00 5576.43 77030.49 163279.04
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[[Page 18254]]
NOX Emissions Summary--Kansas Counties (Wyandotte and Johnson)
[Unless otherwise specified, the units of measurement are in kilograms per summer day]
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On-road Off-road Point
mobile mobile Biogenic Area source source Total
emissions emissions emissions emissions emissions emissions
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1990.............................. 37748.17 21462.13 0.00 11725.66 58424.89 129360.85
1992.............................. 37250.96 21184.05 0.00 11554.05 61906.87 131895.93
1995.............................. 36815.67 22156.38 0.00 12554.07 53155.08 124681.20
2000.............................. 37461.44 21542.98 0.00 13757.38 27978.08 100739.88
2005.............................. 36340.63 20579.84 0.00 15123.27 28561.78 100605.51
2010.............................. 38294.96 19978.43 0.00 16131.17 29126.03 103530.60
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B. Motor Vehicle Emissions Budgets
These emission inventory updates define a VOC motor vehicle
emissions budget and an NOX motor vehicle emissions budget. The
emissions inventories in the Kansas and Missouri maintenance SIPs are
combined to establish these budgets to be used in determining
conformity of regional transportation plans and TIPs. Combined budgets
are preferable for determining conformity in bistate air quality
regions with a single MPO when emissions inventories are projected to
remain consistent with maintenance of the ozone standard.
Estimates of total VOC and NOX emissions in future years in
the maintenance area are less than required to demonstrate maintenance
of the ozone standard. In these circumstances, the Transportation
Conformity rule permits the SIP to explicitly quantify the difference
as a margin and include a portion of the margin in the motor vehicle
emissions budget. These SIP revisions explicitly quantify the margin
and explicitly assign a portion of the margin to the motor vehicle VOC
and NOX emissions budgets for conformity purposes.
Section 51.404 of the Transportation Conformity rule requires that
regional transportation plans establish ``horizon years'' which
envision a transportation system for certain future years, not more
than 10 years apart. These SIP revisions define the horizon years for
the Kansas City maintenance area to be 2000 and 2010. The motor vehicle
VOC and NOX emissions budgets for these years are above the motor
vehicle emissions inventory estimates for 2000 and 2010. This approach
is designed to protect emissions growth throughout the entire
maintenance period to the year 2010. The reader is referred to the
states' submissions for the calculations used to determine the motor
vehicle emissions budgets.
The regional motor vehicle VOC and NOX emissions budgets,
based on combining the inventories for the Missouri and Kansas portions
of the air quality maintenance area, are as follows:
------------------------------------------------------------------------
Regional motor Regional motor
Ozone precursor vehicle budget for vehicle budget for
the year 2000 the year 2010
------------------------------------------------------------------------
Non-Methane Hydrocarbons........ 87548 kg/summer 82885 kg/summer
day. day.
Nitrogen Oxides................. 119889 kg/summer 120121 kg/summer
day. day.
------------------------------------------------------------------------
The motor vehicle emissions budgets were the subject of the
interagency consultation process as required by Sec. 51.402 of the
Transportation Conformity rule. The draft emissions inventories and
motor vehicle emissions budgets were reviewed by a regional air quality
policy advisory committee formed under the provisions of Sec. 174 of
the Clean Air Act and the regional transportation policy committee,
constituted in accordance with the Intermodal Surface Transportation
Efficiency Act. They were published and made available for regional
public review and comment.
The Missouri portion of the emissions inventory update and motor
vehicle emissions budget was adopted by the Missouri Air Conservation
Commission, after proper notice and public hearing, on March 30, 1995.
A public hearing for the Kansas portion of the emissions inventory
update and motor vehicle emissions budget was held on May 8, 1995, and
adopted by the Secretary of Health and Environment on May 11, 1995.
Missouri and Kansas have submitted complete inventories containing
point, area, biogenic, on-road, and nonroad mobile source data and
accompanying documentation. The submittals provide adequate
documentation on the emission estimation procedures and the data
sources used to develop the inventory. The point and area source
inventories are complete. Emissions for each source category were
prepared or calculated according to the most current EPA guidance. The
VMT development methods are adequately described and documented, and
the most current EPA MOBILE model was correctly used to produce
emission factors for each of the vehicle classes. Therefore, the
submitted emission inventory updates meet current EPA guidance for the
development of an approvable emissions inventory. EPA ACTION: By this
action EPA grants full approval of the May 11, 1995, Kansas submittal
and the April 12, 1995, submittal from the state of Missouri. These SIP
revisions meet all of the requirements for an approvable emissions
inventory update.
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 the Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed.
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 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 action should
do so at this time.
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.
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. 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
[[Page 18255]]
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, 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
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. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2)).
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 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 costs of $100 million or more to the private sector, or to
state, local, or tribal governments in the aggregate.
Through submission of this SIP, the state has elected to adopt the
program provided for under section 110 of the CAA. These rules may bind
state and local governments to perform certain actions and also require
the private sector to perform certain duties. To the extent that the
rules being finalized for approval by this action will impose new
requirements, sources are already subject to these regulations under
state law. Accordingly, no additional costs to state or local
governments, or to the private sector, result from this final action.
EPA has also determined that this final action does not include a
mandate that may result in estimated costs of $100 million or more to
state or local governments in the aggregate or to the private sector.
EPA has determined that these rules result in no additional costs to
tribal government.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 9, 1996.
Dennis Grams,
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 R--Kansas
2. Section 52.870 is amended by adding paragraph (c)(31) to read as
follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
(31) On May 11, 1995, the Kansas Department of Health and
Environment submitted an emissions inventory update to the Kansas City
maintenance plan approved by EPA on June 23, 1992. The submittal also
establishes a motor vehicle emissions budget for the purpose of
fulfilling the requirements of the Federal Transportation Conformity
rule.
(i) Incorporation by reference.
(A) Kansas City Ozone Maintenance State Implementation Plan
Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for
the Kansas City Metropolitan Area, adopted on May 11, 1995.
Subpart AA--Missouri
3. Section 52.1320 is amended by adding paragraph (c)(94) to read
as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
(94) On April 12, 1995, the Missouri Department of Natural
Resources submitted an emissions inventory update to the Kansas City
maintenance plan approved by EPA on June 23, 1992. The submittal also
establishes a motor vehicle emissions budget for the purpose of
fulfilling the requirements of the Federal Transportation Conformity
rule.
(i) Incorporation by reference.
(A) Kansas City Ozone Maintenance SIP Revisions: Emission
Inventories and Motor Vehicle Emissions Budgets, adopted by the
Missouri Air Conservation Commission on March 30, 1995.
[FR Doc. 96-10132 Filed 4-24-96; 8:45 am]
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