Approval and Promulgation of Implementation Plan; Indiana

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.

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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

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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 ........... ...........

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Totals..................... 82.11 154.79 64.19

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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 ........... ...........

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Totals..................... 125.85 312.90 66.31

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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]

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