Approval and Promulgation of Implementation Plan; Indiana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN43-1-6393A; FRL-5014-1]

Approval and Promulgation of Implementation Plan; Indiana

AGENCY: United States 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 emissions inventory

for Lake and Porter Counties as a revision to the Indiana ozone State

Implementation Plan (SIP). The emissions inventory was 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 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.

EFFECTIVE DATE: This action will be effective September 19, 1994,

unless notice is received by August 18, 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 8:00 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

National Ambient Air Quality Standard [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., titled ``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. Future changes to the base year

inventory (due to previously missed sources or to corrected source

emission factors or activity levels) that impact the 15 percent RFP

calculations or demonstration of attainment and that require a revised

emission control strategy will be required to be addressed in a SIP

revision.

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 inventory for Lake and Porter Counties. The

emissions inventory submittal covers the emissions of VOC, NOX,

and CO for this ozone nonattainment area. In addition to emissions from

the ozone nonattainment area, 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 area.

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 emissions inventory cover the general

source categories of 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 sent

emission inventory questionnaires to all facilities contained in the

State's Aerometric Information Retrieval System (AIRS) and to all

sources in the subject area which hold an air emissions permit issued

by the State. 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.

The point source portion of the emissions inventory includes

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 area 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 portion of the emissions inventory).

Exceedance of the emission cutoff for VOC, NOX, or CO resulted in

the reporting of all 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, or 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 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 and to avoid

double counting of emissions in the emission totals. For all

appropriate source categories, the State assumed a rule effectiveness

level of 80 percent.

In preparing the area source emissions, the State 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 in 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 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

QA the VMT estimates, the local Metropolitan Planning Organization

(MPO) was 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 MPO recommended vehicle speeds based on the use of local

transportation models. 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 area. The ambient temperature

used in the mobile source emissions modeling was derived from the

average maximum and minimum temperatures on the ten highest ozone days

for the period of 1988 through 1990 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

application of this model was a description 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 emissions

inventory on June 28, 1993, and July 6, 1993. Comments received during

these public hearings were used to make appropriate corrections in the

emissions inventory.

The emissions in units of tons/day for an average day are

summarized below:

Lake and Porter Counties

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Source type VOC CO NOX

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Point Sources............................... 79.23 709.32 302.94

Area Sources................................ 41.91 5.14 5.60

On-Road Mobile Sources...................... 134.54 771.28 83.10

Off-Road Mobile Sources..................... 11.68 78.16 27.94

Biogenic Sources............................ 21.44 ........ .......

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Totals.................................. 288.80 1,563.90 419.58

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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 an ozone precursor emissions inventory that include

comprehensive, accurate, and current actual emissions from all

identified sources in the subject ozone nonattainment area. In

particular, the Indiana submittals meet the 10 crucial criteria

contained in the Level III quality assurance review. The emissions

inventory is, therefore, approved for incorporation in the SIP as

satisfying the requirements of section 182(a)(1) of the Act.

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. The action will become

effective on September 19, 1994. However, if the USEPA receives adverse

comments by August 18, 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 Executive Order 12291 for 2 years. The

USEPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the temporary

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, and Volatile organic compounds.

Dated: June 30, 1994.

Valdas V. Adamkus,

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. 7401-7642.

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 Lake and Porter Counties, Indiana.

* * * * *

[FR Doc. 94-17431 Filed 7-18-94; 8:45 am]

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