Approval and Promulgation of Implementation Plans; The 1990 Base Year Ozone Emissions Inventory for New Jersey

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 141; NJ21-1-7065a, FRL-5306-6]

Approval and Promulgation of Implementation Plans; The 1990 Base

Year Ozone Emissions Inventory for New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the New Jersey State

Implementation Plan (SIP) pertaining to the 1990 base year ozone

precursor emission inventory. The inventories were submitted by New

Jersey as part of New Jersey's plan to attain the national ambient air

quality standard (NAAQS) for ozone in the Atlantic City, New York/

Northern New Jersey/Long Island, Philadelphia/Wilmington/ Trenton, and

Allentown/Bethlehem/Easton areas of New Jersey.

DATES: This final rule is effective on December 1, 1995, unless adverse

or critical comments are received by November 1, 1995. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: All comments should be addressed to: William S. Baker,

Chief, Air Programs Branch, Environmental Protection Agency, Region II

Office, 290 Broadway 20th Floor, New York, New York, 10007-1866.

Copies of the State submittal are available at the following

addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch,

290 Broadway 20th Floor, New York, New York 10007-1866.

New Jersey Department of Environmental Protection, Office of Air

Quality Management, Bureau of Air Quality Planning, 401 East State

Street, CN418, Trenton, New Jersey 08625.

Environmental Protection Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Demian Ellis, Air Programs Branch,

Environmental Protection Agency, 290 Broadway 20th Floor, New York, New

York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

Under the Clean Air Act Amendments of 1990 (the Act), states have

the responsibility to inventory emissions contributing to National

Ambient Air Quality Standard (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 Act requires ozone nonattainment areas designated as marginal,

moderate, serious, severe, and extreme to submit a SIP revision within

three years of 1990 which contains a comprehensive, current, and

accurate emission inventory. The 1990 base year emissions inventory is

the primary inventory from which the periodic inventory, the Reasonable

Further Progress (RFP) 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 may also serve as part of

statewide inventories for purposes of regional modeling in transport

areas. 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 Act. EPA has issued a General Preamble describing EPA's preliminary

views on how EPA 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 13502; April 16, 1992 and 57 FR 18070;

April 28, 1992]. Because EPA is describing its interpretation 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 action and the

supporting rationale. In today's rulemaking on the New Jersey ozone

base year emissions inventory, EPA is applying its interpretations

taking into consideration the specific factual issues presented.

Those states containing ozone nonattainment areas classified as

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

submit a final, comprehensive, current, and accurate 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 volatile organic compound (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).

Today's Rulemaking

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

review of base year emission inventory submittals in order to determine

approval or disapproval under section 182(a)(1) (see 57 FR 13565-66,

April 16, 1992). EPA is approving the 1990 base year ozone emission

inventory submitted to EPA for the Atlantic City, New York/Northern New

Jersey/Long Island, Philadelphia/Wilmington, Trenton, and Allentown/

Bethlehem/Easton nonattainment areas, based upon the review procedures

outlined in the next section.

A. Criteria for Approval

There are general and specific components of an acceptable emission

inventory. In general, the emission inventory must meet certain minimum

requirements for reporting each source category. Specifically, the

source requirements are detailed below.

A Level I and II review process, which is described in supporting

documentation, is used to determine that all components of the base

year inventory are present. This review also evaluates the level of

supporting

[[Page 51352]]

documentation provided by the state, assesses whether the emissions

were developed according to current EPA guidance, and evaluates the

quality of the data.

The level III review process is outlined here and 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:

Was there an approved Inventory Preparation Plan (IPP)?

Was the QA program contained in the IPP implemented and was its

implementation documented?

Was documentation adequate to enable the reviewer to

determine the emission estimation procedures and the data sources used

to develop the inventory?

Is the point source inventory complete?

Were point source emissions prepared/calculated according

to current EPA guidance?

Is the area source inventory complete?

Were the area source emissions prepared/calculated

according to current EPA guidance?

Were biogenic emissions prepared/calculated using PC-BEIS

according to current EPA guidance?

Was the method (e.g., Highway Performance Monitoring

System (HPMS), network transportation planning model) used to develop

Vehicles Miles Traveled (VMT) estimates in accordance with EPA

guidance, and was it adequately described and documented in the

inventory report?

Was the MOBILE 4.1 vehicle emissions model correctly used

to produce emission factors for each of the eight MOBILE 4.1 vehicle

classes?

Were the emission estimates for non-road source categories

correctly prepared according to current EPA guidance?

The base year emission inventory is approvable 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, NC, 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 and revised in a memorandum from

John Seitz to the Regional Air Directors dated June 24, 1993.

B. Procedural Background

The Act requires states to observe certain procedural requirements

in developing emission inventory submissions to 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.1 Final

approval of the inventory will not occur until the state revises the

inventory to address public comments. EPA created a ``de minimis''

exception to the public hearing requirement for minor changes. 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 states 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. 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.

\1\ Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

Section 110(a)(2).

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C. State Submittal

The State of New Jersey held a public hearing on October 14 and 19,

1993 to receive public comment on the 1990 base year emission inventory

for the Atlantic City, New York/Northern New Jersey/Long Island,

Philadelphia/Wilmington/Trenton, and Allentown/Bethlehem/Easton

nonattainment areas of New Jersey. The inventory was adopted by the

State and signed and submitted by the Commissioner on November 15, 1993

as a proposed revision to the SIP. On November 21, 1994, New Jersey

submitted a technical amendment to its carbon monoxide SIP, which

included revisions to the 1990 base year ozone emission inventory. In a

letter dated April 16, 1994, EPA found the emission inventory to be

complete.

Based on EPA's level III review findings, New Jersey has satisfied

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

accurate, and current inventory of actual emissions in the ozone

nonattainment areas. A summary of EPA's level III findings is given

below:

New Jersey submitted an Inventory Preparation Plan for the

Development of Ozone/CO SIP Inventory of Base Year 1990 Emissions,

dated August 1991 and revised April 1992. This Plan contained a Quality

Assurance Plan which was implemented and documented.

The inventory is well documented. New Jersey provided

documentation detailing the methods used to develop emissions estimates

for each category. In addition, New Jersey identified the sources of

data used in developing the inventory.

The point and area source inventories are complete and

were prepared/calculated in accordance with EPA guidance.

New Jersey biogenic emissions were prepared/calculated

using the July, 1991 version of PC-BEIS according to current EPA

guidance.

The method used to develop VMT estimates was in accordance

with EPA guidance and was adequately described and documented in the

inventory report.

The most current version of the mobile model was used

correctly for each of the eight vehicle classes.

Emission estimates for the non-road mobile source

categories were correctly prepared according to EPA guidance.

Based on EPA guidance, the inventory is complete and approvable. A

more detailed discussion of how the emission inventory was reviewed and

the results are presented in the supporting TSD.

A summary of the emission inventories broken down by point, area,

biogenic, on-road, and non-road mobile sources are presented in the

following tables:

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New York/Northern New Jersey/Long Island Ozone Nonattainment Area (New Jersey Portion) Emissions

[Tons/day]

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On-road Non-road

Area Point mobile mobile Total

Pollutant source source source source Biogenics emissions

emissions emissions emissions emissions

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VOC........................................... 294 238 341 136 210 1,219

NOX........................................... 53 451 397 140 N/A 1,041

CO............................................ 41 73 2162 974 N/A 3,250

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Atlantic City MSA Ozone Nonattainment Area (New Jersey Portion) Emissions

[Tons/day]

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On-road Non-road

Area Point mobile mobile Biogenics Total

Pollutant source source source source emissions emissions

emissions emissions emissions emissions

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VOC........................................... 17 1 23 11 54 106

NOX........................................... 2 62 29 13 N/A 106

CO............................................ 4 3 148 67 N/A 222

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Allentown/Bethlehem MSA Ozone Nonattainment Area (New Jersey Portion) Emissions

[Tons/day]

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On-road Non-road

Area Point mobile mobile Biogenics Total

Pollutant source source source source emissions emissions

emissions emissions emissions emissions

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VOC........................................... 6 3 7 4 24 44

NOX........................................... 1 11 10 2 N/A 24

CO............................................ 1 1 45 18 N/A 65

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Philadelphia/Wilmington/Trenton CMSA Ozone Nonattainment Area (New Jersey Portion) Emissions

[Tons/day]

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On-road Non-road

Area Point mobile mobile Biogenics Total

Pollutant source source source source emissions emissions

emissions emissions emissions emissions

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VOC........................................... 100 112 108 46 203 569

NOx........................................... 12 308 132 40 N/A 492

CO............................................ 15 55 701 314 N/A 1,085

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Conclusion

EPA is fully approving the SIP ozone precursor emission inventory

submitted to EPA by the State of New Jersey on November 15, 1993 and

amended on November 21, 1994. The State has submitted a complete

inventory containing point, area, biogenic, on-road, and non-road

mobile source data, and adequate documentation.

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.

EPA is publishing this rule without prior proposal because EPA

views this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. Thus, this direct final action

will be effective December 1, 1995, unless, by November 1, 1995,

adverse or critical comments are received.

If the EPA receives such comments, this rule 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

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rule should do so at this time. If no adverse comments are received,

the public is advised that this rule will be effective in 60 days. (See

47 FR 27073 and 59 FR 24059).

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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 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 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 any small entities affected. Moveover,

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

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976);

42 U.S.C. Sec. 7410(a)(2).

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 annual costs of $100 million or more to the private sector,

or to state, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the state and any affected local or tribal governments have

elected to adopt the program provided for under sections 110 and 182 of

the Clean Air Act. These rules may bind state, local and tribal

governments to perform certain actions and also require the private

sector to perform certain duties. To the extent that the rules being

approved by this action would impose any mandate upon the state, local

or tribal governments either as the owner or operator of a source or as

a regulator, or would impose any mandate upon the private sector, EPA's

action will impose no new requirements; such sources are already

subject to these regulations under state law. Accordingly, no

additional costs to state, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this direct final action does not include a mandate that may result in

estimated annual costs of $100 million or more to state, local, or

tribal governments in the aggregate or to the private sector.

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 section 307(b)(l) of the Act, petitions for judicial review

of this rule must be filed in the United States Court of Appeals for

the appropriate circuit within 60 days from date of publication. 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 rule may not be challenged later in proceedings to

enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Volatile organic compounds.

Dated: September 18, 1995.

William J. Muszynski,

Deputy 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 FF--New Jersey

2. Section 52.1582 is amended by adding paragraph (d) to read as

follows:

Sec. 52.1582 Control strategy and regulations: Ozone (volatile organic

substances) and carbon monoxide.

* * * * *

(d) The base year ozone precursor emission inventory requirement of

section 182(a)(1) of the 1990 Clean Air Act Amendments has been

satisfied for the Atlantic City, New York/ Northern New Jersey/Long

Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/

Easton areas of New Jersey. The inventory was submitted on November 15,

1993 and amended on November 21, 1994 by the New Jersey Department of

Environmental Protection as a revision to the ozone State

Implementation Plan (SIP).

[FR Doc. 95-24461 Filed 9-29-95; 8:45 am]

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