Approval of the 1990 Base Year Carbon Monoxide Emission Inventory for Minnesota

40 CFR Part 52

[MN-15-1-5878; FRL-4841-7]

Approval of the 1990 Base Year Carbon Monoxide Emission Inventory

for Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

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

carbon monoxide (CO) emission inventory by the State of Minnesota for

the purpose of bringing about the attainment of the National Ambient

Air Quality Standard (NAAQS) for CO. The inventory was submitted by the

State to satisfy certain Federal requirements for an approvable

nonattainment area CO State Implementation Plan (SIP) for the Duluth

and Minneapolis, St. Paul areas in Minnesota.

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

March 28, 1994.

ADDRESSES: Written Comments should be sent to: William L. MacDowell,

Chief, Regulation Development Section, Air Enforcement Branch (AE-17J),

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604-3509.

Copies of the State's submittal and other information are available

for inspection during normal business hours at the following location:

United States Environmental Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois 60604-3509, (312) 353-3849.

FOR FURTHER INFORMATION CONTACT: Anne E. Tenner, Air Enforcement Branch

(AE-17J), United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604-3509, (312) 353-3849.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Clean Air Act as amended (including 1990 Amendments)

(CAA), 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 CAA requires

moderate and serious CO nonattainment areas to submit a base year CO

inventory that represents actual emissions in the CO season by November

15, 1992. Moderate and serious CO nonattainment areas are required to

submit a revised inventory that represents actual emissions no later

than September 30, 1995, and every three years thereafter until the

area is redesignated to attainment. The base year inventory is the

primary inventory from which the periodic inventories are derived.

Further information on these inventories and their purpose can be found

in the document ``Emission Inventory Requirements for Carbon Monoxide

State Implementation Plans, ``U.S. Environmental Protection Agency,

Office of Air Quality Planning and Standards, Research Triangle Park,

NC, March 1991.

The air quality planning requirements for CO nonattainment areas

are set out in section 187 of title I of the Act. The USEPA has issued

a General Preamble describing USEPA's preliminary views on how USEPA

intends to review SIP revisions submitted under title I of the Act,

including requirements for the preparation of the 1990 base year

inventory (see 57 FR 13529; April 16, 1992 and 57 FR 18070; April 28,

1992). Because USEPA is describing its interpretations here only in

broad terms, the reader should refer to the General Preamble for a more

detailed discussion of the interpretations of title I advanced in

today's proposal and the supporting rationale. In today's proposed

rulemaking action on the Minnesota carbon monoxide base year emission

inventory, USEPA is proposing to apply its interpretations taking into

consideration the specific factual issues presented. Thus, USEPA will

consider any comments submitted within the comment period before taking

final action on today's proposal.

Those States containing moderate carbon monoxide nonattainment

areas are required under section 187(a)(1) of the Clean Air Act to

submit by November 15, 1992, a comprehensive, accurate, and current

inventory of actual CO season emissions from all sources (57 FR 13530,

April 16, 1992). Stationary point, stationary area, on-road mobile, and

non-road mobile sources of carbon monoxide (CO) are to be included in

the inventory. This inventory is for calendar year 1990 and is denoted

as the base year inventory. The inventory is to address actual CO

emissions for the area during the peak CO season. The peak CO season

should reflect the months when peak CO air quality concentrations

occur. For many, but not all areas of the country, the peak CO season

will be in the wintertime months. For areas where winter is the peak CO

season, the 1990 base year inventory will include the winter months

that begin in 1989 and extend into 1990 (e.g., December 1989 through

January-February 1990). 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 CAA (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 USEPA that a submittal is incomplete is one of the actions

that initiates the sanctions and Federal Implementation Plan (FIP)

processes.1

---------------------------------------------------------------------------

\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.

---------------------------------------------------------------------------

II. This Proposed Action

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

review of base year emission inventory submittals in order to determine

approval or disapproval under section 187(a)(1) (see 57 FR 13565-13566,

April 16, 1992). The USEPA is proposing to grant approval of the carbon

monoxide (CO) base year emission inventory submitted to USEPA on

November 9, 1992, 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.

Today's proposed action describes the review procedures associated

with determining the acceptability of a 1990 base year emission

inventory and discusses the levels of acceptance or disapproval that

can result from the findings of the review process.

A. Review of a State Base Year SIP CO Inventory

The emissions inventory was submitted on November 9, 1992, from the

State of Minnesota to USEPA. USEPA reviewed the inventory and is

satisfied that all Agency guidance requirements have been met.

The emissions inventory contained point, area, mobile on-road and

mobile off-road source carbon monoxide emissions for a typical winter

day in Duluth.

Table 1. Carbon Monoxide Emissions for the Duluth Area

------------------------------------------------------------------------

1990 Emissions

Emissions Source Rate (lbs/winter

day)

------------------------------------------------------------------------

On-road Mobile....................................... 114,718

Off-road Mobile...................................... 13,624

Point Source......................................... 4,270

Area Source.......................................... 85,614

Total Emissions...................................... 218,226

------------------------------------------------------------------------

Table 1 provides a summary of emissions for Duluth. Approximately

59 percent of the emissions are from mobile sources. The State used

USEPA guidance in preparation of the emissions inventory. A copy of

this inventory is available for review at the Region 5 office listed

previously.

The emissions inventory also contained point, area, on-road, and

off-road mobile source carbon monoxide emissions for a typical winter

day in the Minneapolis-St. Paul area.

Table 2. Carbon Monoxide Emissions for the Minneapolis-St. Paul Area

------------------------------------------------------------------------

1990 Emissions

Emissions Source Rate (lbs/winter

day)

------------------------------------------------------------------------

On-road Mobile....................................... 2,790,595

Off-road Mobile...................................... 345,702

Point Source......................................... 559,898

Area Source.......................................... 566,285

Total Emissions...................................... 4,262,480

------------------------------------------------------------------------

Table 2 provides a summary of the emissions for the Minneapolis-St.

Paul area. Approximately 73 percent of the emissions are from mobile

sources. The State used USEPA guidance in preparation of the emissions

inventory. A copy of this inventory is also available for review at the

Region 5 office listed previously.

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

USEPA guidance. The data quality is also evaluated.

The Level III review process is outlined here and consists of 9

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. Summary emissions by categories of source

type were provided and these emissions match the emission totals in the

Aerometric Information Retrieval System (AIRS).

3. The point source inventory must be complete.

4. Point source emissions must have been prepared or calculated

according to the current USEPA guidance.

5. The area source inventory must be complete.

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

according to the current USEPA guidance. 7. The method (e.g., Highway

Performance Monitoring System (HPMS) or a network transportation

planning model) used to develop VMT estimates must follow USEPA

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, MI and RTP, NC, December 1992. The

VMT development methods were adequately described and documented in the

inventory report.

8. The MOBILE model was correctly used to produce emission factors

for each of the vehicle classes.

9. Non-road mobile emissions were prepared according to current

USEPA 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 Emissions Inventories'', Office of

Air Quality Planning and Standards (OAQPS), Research Triangle Park, NC,

August, 1992. Level III review procedures are specified in a memorandum

from John S. Seitz, Director of OAQPS to Regional Air Division

Directors entitled ``Emission Inventory Issues,'' dated June 24, 1993.

USEPA has reviewed the inventory using these criteria and proposes

approval of the base year emission inventory as meeting the

requirements of section 187(a)(1) of the Act.

A summary of the Level III findings is given below.

1. The IPP and the Q/A program have been approved and implemented.

These were approved by a June 8, 1993, letter from William L.

MacDowell, Region 5 to Lisa Thorvig, Minnesota Pollution Control

Agency.

2. The documentation was adequate and was reviewed in detail.

3. The point source inventory was found to be complete.

4. The point source emissions were estimated according to USEPA

guidance.

5. The area source inventory was found to be complete.

6. The area source emissions were estimated according to USEPA

guidance.

7. The method used to develop vehicle miles traveled estimates was

in accordance with USEPA guidance, and was documented.

8. The MOBILE model was used correctly.

9. The non-road mobile source emission estimates were correctly

prepared. Most of the emissions were estimated by apportioning the

USEPA nonroad mobile emissions inventory by population to the

applicable counties.

B. Procedural Background

The Act requires States to observe certain procedural requirements

in developing emission inventory submissions to USEPA. 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. CO

nonattainment areas with design values greater than 12.7 ppm must

submit the entire SIP (emissions inventories, attainment

demonstrations, and control strategies) by November 15, 1992, and USEPA

expects the emissions inventories to have gone through the public

hearing process as part of the full CO SIP.3 CO areas with design

values 12.7 and below would be required to subject the emissions

inventory to the public hearing and adoption process if the area

attains the CO NAAQS and subsequently develops a redesignation request

and the associated maintenance plan. A public hearing would also be

required for CO areas with design values 12.7 and below if the area

fails to attain the NAAQS standard by December 31, 1995, and is

reclassified to serious and therefore required to submit an attainment

plan.

---------------------------------------------------------------------------

\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, 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.

---------------------------------------------------------------------------

The State of Minnesota held a public hearing on October 26, 1992,

and November 6, 1992, to entertain public comment on the 1990 base year

emission inventory for Duluth. The State was given a de minimis

deferral for the Minneapolis-St. Paul public hearing. The de minimis

deferral of the public hearing requirement is provided for in a

September 29, 1992, memorandum from John Calcagni, Director, Air

Quality Management Division.4 The inventory was submitted to USEPA

on November 9, 1992, and November 11, 1992, as a proposed revision to

the SIP.

---------------------------------------------------------------------------

\4\Because the base year 1990 CO emissions inventory for

Minneapolis does not place an emissions limitation on sources, USEPA

has determined that it is appropriate to provide a ``de minimis''

deferral of the State public hearing requirement up to such time as

a public hearing is held on a redesignation request or an attainment

demonstration for the area. After it is included in a redesignation

request or attainment demonstration, it could become an emissions

budget for the area. The budget would limit the amount of emissions

that the area could emit into the air. CO areas with design values

12.7 ppm and below would be required to subject the emissions

inventory to the public hearing and adoption process if the area

attains the CO NAAQS and subsequently develops a redesignation

request and associated maintenance plan, or if the area fails to

attain the standard by December 31, 1995, and is reclassified to

serious and therefore required to submit an attainment plan.

---------------------------------------------------------------------------

The emission inventory was reviewed by USEPA to determine

completeness shortly after its submittal, in accordance with the

completeness criteria set out at 40 CFR part 51, appendix V (1991), as

amended by 57 FR 42216 (August 26, 1991). A letter was sent to the

Governor indicating the completeness of the submittal and the next

steps to be taken in the review process. In today's action USEPA

proposes to approve the Minnesota carbon monoxide emission inventory

submittal for Duluth and the Minneapolis-St. Paul areas and invites

public comment on the action.

III. Implications of This Action

The USEPA is proposing to fully approve the SIP carbon monoxide

emission inventory submitted to USEPA for the Duluth and Minneapolis-

St. Paul areas on November 9 and 11, 1992. The State has submitted a

complete inventory containing point, area, and mobile source data, and

documentation. The Duluth inventory is complete and approvable

according to all criteria set out in the June 24, 1993, memorandum from

John S. Seitz, Director, OAQPS, to the Regional Air Directors. The

Minneapolis-St. Paul inventory is complete and approvable according to

the criteria set out in the June 24, 1993, Seitz memorandum with the

exception of the CAA requiring a public hearing and comment period.

USEPA granted Minnesota a deferral from the public hearing

requirement. However, since the State was only given a de minimis

deferral of the public hearing requirements for the Minneapolis-St.

Paul emissions inventory, the final action for the area cannot be

effective until the State has held the public hearing, and solicited

comments and submitted these to USEPA.

As noted, additional submittals of SIP emission inventories for the

nonattainment areas are due at later dates. The USEPA will determine

the adequacy of any such submittal as appropriate.

IV. Request for Public Comments

The USEPA is requesting comments on all aspects of today's

proposal. As indicated at the outset of this notice, USEPA will

consider any comments received by March 28, 1994.

V. Executive Order (EO) 12291

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). 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 a period of two years. USEPA has submitted a request for a

permanent waiver for Table 2 and Table 3 SIP revisions. 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.

VI. Regulatory Flexibility

Under the Regulatory Flexibility Act, 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

enterprise, 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, I certify 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 USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C.

7410 (a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and recordkeeping requirements.

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

Dated: February 4, 1994.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 94-4224 Filed 2-24-94; 8:45 am]

BILLING CODE 6560-50-F