Approval and Promulgation of Implementation Plan: Texas 1990 Base Year Ozone Emissions Inventories

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-24-1-5942; FRL-5065-6]

Approval and Promulgation of Implementation Plan: Texas 1990 Base

Year Ozone Emissions Inventories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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SUMMARY: The EPA today proposes full approval of the 1990 base year

ozone emission inventories submitted by Texas for the purpose of

bringing about the attainment of the national ambient air quality

standard (NAAQS) for ozone. The inventories were submitted by the State

to satisfy certain Federal requirements for an approvable nonattainment

area ozone State Implementation Plan (SIP) for the Houston/Galveston,

Beaumont/Port Arthur, El Paso, and Dallas/Fort Worth areas of Texas.

DATES: Comments on this proposed action must be received in writing by

October 6, 1994. Comments should be addressed to the contact indicated

below.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office

listed below. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch

(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.

Texas Natural Resource Conservation Commission, Office of Air Quality,

Emissions Inventory Branch, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Planning

Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue,

Dallas, Texas 75202-2733, telephone (214) 665-7237.

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 require ozone nonattainment areas

designated as moderate, serious, severe, and extreme to submit a plan

within three years of 1990 to reduce volatile organic compounds (VOC)

emissions by 15 percent within six years after 1990. The baseline level

of emissions, from which the 15 percent reduction is calculated, is

determined by adjusting the base year inventory to exclude biogenic

emissions and to exclude certain emission reductions not creditable

towards the 15 percent. The 1990 base year emissions inventory is the

primary inventory from which the periodic inventory, the Reasonable

Further Progress 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,'' U.S. Environmental Protection Agency, Office of

Air Quality Planning and Standards, Research Triangle Park, North

Carolina, March 1991. The base year inventory plays an important role

in modeling demonstrations for areas classified as moderate and above

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. The EPA has issued a General Preamble describing the EPA's

preliminary views on how the EPA intends to review SIP revisions

submitted under title I, 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 the EPA is describing its

interpretations here only in broad terms, the reader should refer to

the General Preamble (57 FR 18070, Appendix B, April 28, 1992) 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 Texas ozone base year emissions inventories, the EPA is

proposing to apply its interpretations taking into consideration the

specific factual issues presented. Thus, the EPA will consider any

comments submitted within the comment period before taking final action

on today's proposal.

Those States containing ozone nonattainment areas classified as

marginal to extreme are required under section 182(a)(1) of the 1990

CAAA to submit a final, comprehensive, accurate, and current inventory

of actual ozone season, weekday emissions from all sources by November

15, 1992. This inventory is for calendar year 1990 and is denoted as

the base year inventory. It includes both anthropogenic and biogenic

sources of VOC, nitrogen oxides (NOx), and carbon monoxide (CO).

The inventory is to address actual VOC, NOx, and CO emissions for

the area during a 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).

Emission inventories are first reviewed under the completeness

criteria established under section 110(k)(1) of the CAAA (56 FR 42216,

August 26, 1991). According to section 110(k)(1)(C), if a submittal

does not meet the completeness criteria, ``the State shall be treated

as not having made the submission.'' Under sections 179(a)(1) and

110(c)(1), a finding by the EPA that a submittal is incomplete is one

of the actions that initiates the sanctions and Federal Implementation

Plan processes (see David Mobley memorandum, November 12, 1992).1

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\1\Memorandum from J. David Mobley, Chief, Emission Inventory

Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States'

Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.

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Analysis of State Submission

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing emission inventory submissions to the EPA. Section

110(a)(2) of the Act provides that each emission inventory submitted by

a State must be adopted after reasonable notice and public

hearing.2 Final approval of the inventory will not occur until the

State revises the inventory to address public comments. Changes to the

inventory that impact the 15 percent reduction calculation and require

a revised control strategy will constitute a SIP revision. The EPA

created a ``de minimis'' exception to the public hearing requirement

for minor changes. The EPA defines ``de minimis'' for such purposes to

be those in which the 15 percent reduction calculation and the

associated control strategy or the maintenance plan showing do not

change. States will aggregate all such ``de minimis'' changes together

when making the determination as to whether the change constitutes a

SIP revision. The State will need to make the change through a formal

SIP revision process, in conjunction with the change to the control

measure or other SIP programs.3 Section 110(a)(2) of the Act

similarly provides that each revision to an implementation plan

submitted by a State under the Act must be adopted by such State after

reasonable notice and public hearing.

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\2\Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

\3\Memorandum from John Calcagni, Director, Air Quality

Management Division, and William G. Laxton, Director, Technical

Support Division, to Regional Air Division Directors, Region I-X,

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992.

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The State of Texas submitted the 1990 base year inventories for

Houston/Galveston (HGA), Beaumont/Port Arthur (BPA), El Paso (ELP), and

Dallas/Fort Worth (DFW) on November 17, 1992, as a SIP revision by

cover letter from the Governor. The inventories were reviewed by the

EPA to determine completeness shortly after their 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, and a letter dated January 15,

1993, was forwarded to the Governor indicating the completeness of the

submittal and the next steps to be taken in the review process.

The State of Texas subsequently held public hearings to entertain

public comment on the 1990 base year emission inventories. The hearing

for the HGA area was held on August 5, 1993, in Houston, Texas. The

hearing for the BPA area was held on August 6, 1993, in Beaumont,

Texas. The hearing for the ElP area was held on August 4, 1993, in El

Paso, Texas; and the hearing for the DFW area was held on August 7,

1993, in Arlington, Texas. The State provided evidence to EPA Region 6

that the public hearings were held and that the State responded to

comments. The inventories were approved by the Texas Air Control Board

(TACB) on November 10, 1993.

On September 1, 1993, the TACB merged with the Texas Water

Commission to form the Texas Natural Resource Conservation (TNRCC), and

is now called the Office of Air Quality within the TNRCC. The merger

did not abrogate, void, or rescind any rules, regulations, orders,

permits, or any other action previously taken by the former TACB.

2. Emission Inventory Review

Section 110(k) of the Act sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 182(a)(1) (see 57 FR 13565-13566,

April 16, 1992). The EPA is proposing to grant approval of the Texas

ozone base year emissions inventories based on the Level I, II, and III

review findings. This section outlines the review procedures performed

to determine if the base year emission inventory is acceptable or is

disapproved.

Today's action describes the review procedures associated with

determining the acceptability of a 1990 base year emission inventory,

and discusses the levels of acceptance that can result from the

findings of the review process.

A. The Following Discussion Reviews the State Base Year SIP Inventory

Approval Requirements

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 Level III review process outlined below 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) was provided, and

the Quality Assurance (QA) program contained in the IPP was performed

and its implementation documented.

2. Adequate documentation was provided that enabled 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 have been prepared or calculated

according to the current EPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must have been prepared or calculated

according to the current EPA guidance.

7. Biogenic emissions must have been prepared according to current

EPA guidance or another approved technique.

8. The method (e.g., Highway Performance Monitoring System or a

network transportation planning model) used to develop vehicle miles

travelled (VMT) estimates must follow EPA guidance, which is detailed

in the document, ``Procedures for Emission Inventory Preparation,

Volume IV: Mobile Sources'', U.S. 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 were adequately

described and documented in the inventory report.

9. The MOBILE model (or EMFAC model for California only) was

correctly used to produce emission factors for each of the vehicle

classes.

10. Nonroad mobile emissions were prepared according to current EPA

guidance for all of the source categories.

The base year emission inventory will be approved if it passes

Levels I, II, and III of the review process. Detailed Level I and II

review procedures can be found in the following document: ``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 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, 1992,4 and revised in

a memorandum from John Seitz to the Regional Air Directors dated June

24, 1993.5

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\4\Memorandum from J. David Mobley, Chief, Emissions Inventory

Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory

Level III Acceptance Criteria,'' October 7, 1992.

\5\Memorandum from John S. Seitz, Director, Office of Air

Quality Planning and Standards, to Regional Air Division Directors,

Region I-X, ``Emission Inventory Issues,'' June 24, 1993.

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B. The Following is a Summary of the Review of the Texas 1990 Base Year

Submittal.

The TACB submitted the HGA, BPA, ELP, and DFW inventories on

November 17, 1992. EPA Region 6, EPA's Office of Air Quality Planning

and Standards Emissions Inventory Branch, EPA's Office of Mobile

Sources (OMS), and contractor's reviewed the inventories. Comments were

sent to the TACB, and the TACB responded with a resubmittal. The

resubmittal underwent a second review. The review directive comments

were given to Texas and discussed during an on-site visit to Austin,

Texas, on September 2, 1993.

Texas addressed the final directive comments and the OMS comments

and submitted revised submittal documentation to Region 6 on October

25, 1993, along with documents responding to the directive comments and

the OMS comments. Region 6 compared the Texas responses with the

deficiencies noted in the final directive review and OMS comments and

concluded that Texas had adequately addressed the remaining

deficiencies so that Region 6 could verify that Texas had satisfied the

Level III criteria for the HGA, BPA, ELP, and DFW ozone nonattainment

areas.

Based on Region 6's Level III review, Texas has satisfied all of

the EPA's requirements for purposes of providing a comprehensive,

accurate, and current inventory of actual emissions in the ozone

nonattainment areas. A summary of Region 6's Level III review is given

below:

1. The IPP and QA plan were submitted and approved. The QA plan was

implemented and documented in the submission.

2. The documentation was adequate for the reviewer to determine the

estimation procedures and data sources used to develop the inventory

for all emission types.

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 emissions were calculated using the EPA PC-BEIS

model.

8. The method used to develop VMT estimates was adequately

described and documented.

9. The MOBILE model was used correctly.

10. The nonroad mobile emission estimates were correctly prepared

according to current EPA guidance.

Documentation of the Region 6 evaluation, including details of the

review procedure, is contained in a memorandum (Attachment A) in the

Technical Support Document (TSD). A general summary of the inventories

is contained in Attachment B of the TSD.

Proposed Action

The EPA is proposing to fully approve the SIP 1990 base year ozone

emission inventories submitted to the EPA for the Houston/Galveston,

Beaumont/Port Arthur, El Paso, and Dallas/Fort Worth areas on November

17, 1993, as meeting the requirements of section 182(a)(1) of the Act.

The State has submitted complete inventories containing point,

area, biogenic, on-road, and non-road mobile source data, and

accompanying documentation. Emissions from these sources are presented

in the following tables:

VOC

[Ozone Seasonal Emissions in Tons Per Day]

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Non-road

Point source Area source On-road mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

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HGA............. 480.34 229.01 251.72 195.11 335.47 1491.65

BPA............. 245.60 32.48 31.61 32.47 91.95 434.11

ELP............. 11.88 27.43 39.00 11.88 12.62 102.81

DFW............. 66.64 174.25 306.60 97.44 126.09 771.02

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NOX

[Ozone Seasonal Emissions in Tons Per Day]

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Non-road

NAA Point source Area source On-road mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

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HGA............. 780.65 14.37 337.03 236.92 NA 1368.97

BPA............. 221.01 1.44 41.09 60.72 NA 324.26

ELP............. 33.43 2.43 36.90 15.02 NA 87.78

DFW............. 108.86 19.99 293.03 166.05 NA 587.93

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CO

[Ozone Seasonal Emissions in Tons Per Day]

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Non-road

NAA Point source Area source On-road mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

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HGA............. 334.38 28.03 2412.68 1269.55 NA 4044.64

BPA............. 117.16 16.08 282.69 162.64 NA 578.57

LP.............. 7.41 2.64 327.10 112.01 NA 449.16

DFW............. 13.33 4.47 2837.88 1116.99 NA 3972.67

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These inventories are complete and approvable according to the

criteria set out in the November 12, 1992, memorandum from J. David

Mobley, Chief Emission Inventory Branch, TSD and G. T. Helms, Chief

Ozone/Carbon Monoxide Programs Branch, Air Quality Management Division.

The EPA has reviewed this request for revision of the Federally-

approved SIP for conformance with the provisions of the 1990 CAAA of

November 15, 1990. The EPA has determined that this action conforms

with those requirements.

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, in relation to relevant statutory and regulatory

requirements.

Request for Public Comments

The EPA is requesting comments on all aspects of today's proposal.

As indicated at the outset of this document, the EPA will consider any

comments received by October 6, 1994.

Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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

Clean Air 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 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 the 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)).

Executive Order 12866

This action has been classified as a Table Two 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. The Office of Management and

Budget has exempted this regulatory action from Executive Order 12866

review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting

and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: August 23, 1994.

W.B. Hathaway,

Acting Regional Administrator.

[FR Doc. 94-21895 Filed 9-2-94; 8:45 am]

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