Approval and Promulgation of Implementation Plans; States of Kansas and Missouri

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KS-6-1-6985, MO-31-1-7153; FRL 5448-9]

Approval and Promulgation of Implementation Plans; States of

Kansas and Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: By this action the EPA gives full approval to the State

Implementation Plans (SIP) submitted by the states of Kansas and

Missouri to fulfill the emission inventory update requirement of the

approved Kansas City maintenance plan. The submittals also establish a

motor vehicle emissions budget for the purposes of fulfilling the

requirements of the Federal Transportation Conformity rule.

DATES: This action will be effective June 24, 1996 unless by May 28,

1996 adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Planning and Development Branch,

726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen at (913) 551-7877.

SUPPLEMENTARY INFORMATION:

I. Background

Based on ambient air quality data for the period 1989 through 1991,

the

[[Page 18252]]

Kansas and Missouri portions of the Kansas City ozone nonattainment

area were redesignated to attainment, and a maintenance plan was

approved, in a June 23, 1992, Federal Register notice. In the approved

maintenance plan, each state committed to completing comprehensive

volatile organic compound (VOC) point source inventory updates at least

twice in each five-year period following the effective date of the

area's redesignation. Area and mobile source inventories are to be

updated at least once every five years. These periodic updates are part

of each state's continued efforts to ascertain whether actual VOC

emissions are within the attainment inventory.

The 1992 approved maintenance SIP was submitted before EPA

finalized its maintenance plan guidance which provided that nitrogen

oxide (NOX) emissions inventories be included in maintenance

demonstrations. However, during the course of EPA review of the

submittal, EPA made an assessment of NOX emissions in Kansas City.

These emission inventory updates supersede the NOX inventory

information for the period 1990 through 2000 developed by EPA during

the review and approval of the 1992 maintenance plan.

On November 23, 1993, pursuant to section 176(c) of the Clean Air

Act, the EPA promulgated the final rule (hereafter referred to as the

Transportation Conformity rule), which established the process by which

the Federal Highway Administration, the Federal Transit Administration,

and metropolitan planning organizations (MPO) determine conformity of

highway and transit projects. This rule applies to Kansas City as an

ozone maintenance area.

The emissions budget is the mechanism EPA has identified for

demonstrating consistency between emissions expected from

implementation of transportation plans, Transportation Improvement

Programs (TIP), and projects with estimates of emissions in the SIP

from on-road motor vehicles. Motor vehicle emissions budgets are the

explicit or implicit identification of the on-road motor vehicle-

related portion of the projected emission inventory used to demonstrate

maintenance of the National Ambient Air Quality Standard for ozone for

a particular year specified in the SIP. The motor vehicle emissions

budget establishes a cap on the predicted highway and transit vehicle

VOC and NOX emissions which, if exceeded, will result in a

nonconformity finding.

The maintenance plan for the Kansas City area was approved before

the promulgation of the Transportation Conformity rule, and therefore

did not include explicit motor vehicle emission budgets for VOCs and

NOX. These SIP revisions amend the 1992 Kansas City ozone

maintenance SIP to specify motor vehicle VOC and NOx emissions

budgets for the Kansas City air quality maintenance area.

II. Review of State Submittal

A comprehensive emissions inventory for both VOCs and NOX ,

which includes an explicit motor vehicle emissions budget, was

submitted by the state of Kansas on May 11, 1995, and by the state of

Missouri on April 12, 1995. These emissions inventory updates were

completed for the Kansas City ozone maintenance area, which includes

Wyandotte and Johnson counties in Kansas and Clay, Jackson, and Platte

counties in Missouri. With the exception of point sources and the

asphalt paving source category, all other emissions estimates were

calculated with 1990 as the base year, and projections were made from

the base to 2010.

Air quality monitoring data, which have recently been quality-

assured, indicate that measured exceedances of the ozone standard were

recorded on July 11, 12, and 13, 1995, at the Liberty monitoring site

in Kansas City. The highest recorded value for each day was .128 ppm,

.161 ppm, and .131 ppm, respectively. These exceedances, added to a

measured exceedance of the ozone standard of .128 ppm, recorded on July

29, 1993, puts the area in violation of the standard.

As required in the approved maintenance plan, contingency measures

must be implemented to address the violation of the ozone standard. The

approved maintenance plan also includes a commitment by the states to

complete a comprehensive VOC emission inventory should a violation of

the ozone standard occur. EPA has determined that the emission

inventory updates submitted by the states of Kansas and Missouri

fulfill the aforementioned commitment. However, if the Kansas City area

experiences further violations of the ozone standard, the emission

inventory will need to be revised.

A. VOC and NOX Emissions Inventory Updates

Part 3.2 and Appendices A, B, and C of the 1992 maintenance SIP

contain VOC emissions inventory estimates from point, area, and mobile

sources for the period 1988 through 2000. These SIP revisions update

and supersede the VOC emissions inventory in its entirety for the

period between 1990 and 2000. This revision also supplements Part 3.2

with VOC emissions inventory projections for 2005 and 2010 in order to

address the requirements of the Transportation Conformity rule. The

NOX emissions inventories supplement the 1992 maintenance SIP with

detailed NOX emissions estimates for the period 1990 through 2000

and for the years 2005 and 2010.

The new emission inventory numbers reflect significant changes in

emissions estimation methodology and changes in the data upon which

estimates are based. The reader is referred to the Technical Support

Document and the states' submittals for detailed information about

methodologies, emission factors, sources of input data, the basis for

projections, seasonal adjustments, conversions, and assumptions. The

1990 VOC inventory includes reductions attributable to Reid Vapor

Pressure control from 9.5 to 9.0 psi consistent with the 1992

Maintenance SIP.

Part 3.4 of the 1992 maintenance SIP specifically defined an

``action line'' that represented the maximum allowable VOC emissions in

the Kansas City metropolitan air quality planning area. The revised

1990 VOC emissions inventories replace the ``action line'' as the

number that represents the maximum allowable VOC emissions in the

Kansas City air quality planning area.

The VOC emissions inventories for the Kansas City ozone maintenance

area are presented in the following tables:

VOC Emissions Summary--All Counties

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 128282.53 39575.47 35821.05 86593.21 32284.52 322556.77

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1992.............................. 96710.10 39857.92 35821.05 86156.15 27733.27 286278.50

1995.............................. 87355.63 41221.27 35821.05 89484.05 30007.33 283889.33

2000.............................. 81815.02 43085.96 35821.05 94974.59 32346.91 288043.53

2005.............................. 73897.25 45135.34 35821.05 100297.17 34977.68 290128.48

2010.............................. 77151.71 47053.42 35821.05 105007.73 37529.13 302563.04

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VOC Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 81506.45 26222.22 22926.35 51480.28 21283.17 203418.47

1992.............................. 61373.89 26399.32 22926.35 51044.25 18621.05 180364.86

1995.............................. 55461.41 27237.63 22926.35 52808.29 20138.78 178572.46

2000.............................. 50495.69 28368.05 22926.35 55569.59 21708.13 179067.80

2005.............................. 45604.20 29684.52 22926.35 58481.09 23474.30 180170.47

2010.............................. 46641.63 30917.71 22926.35 60941.80 25162.72 186590.21

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VOC Emissions Summary--Kansas Counties (Wyandotte and Johnson)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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

On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 46776.08 13353.25 12894.70 35112.93 11001.34 119138.30

1992.............................. 35336.21 13458.59 12894.70 35111.91 9112.22 105913.64

1995.............................. 31894.22 13983.65 12894.70 36675.76 9868.55 105316.87

2000.............................. 31319.33 14717.91 12894.70 39405.01 10638.78 108975.73

2005.............................. 28293.04 15450.81 12894.70 41816.08 11503.38 109958.01

2010.............................. 30510.08 16135.71 12894.70 44065.93 12366.41 115972.83

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The NOX emissions inventories for the Kansas City ozone

maintenance area are presented in the following tables:

NOX Emissions Summary--All Counties

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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

On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 103895.82 43860.30 0.00 15830.39 161550.89 325137.39

1992.............................. 102580.57 43182.37 0.00 15669.14 173748.93 335181.02

1995.............................. 101275.32 45812.23 0.00 16966.07 152629.66 316683.27

2000.............................. 98337.95 44300.25 0.00 18565.52 104439.12 265642.84

2005.............................. 95408.56 41857.70 0.00 20378.20 105334.55 262979.01

2010.............................. 98570.22 40375.29 0.00 21707.60 106156.52 266809.64

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NOX Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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

On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 66147.65 22398.17 0.00 4104.73 103125.99 195776.54

1992.............................. 65329.61 21998.33 0.00 4115.09 111842.06 203285.09

1995.............................. 64459.65 23655.85 0.00 4412.00 99474.58 192002.08

2000.............................. 60876.51 22757.27 0.00 4808.15 76461.04 164902.96

2005.............................. 59067.93 21277.86 0.00 5254.93 76772.77 162373.50

2010.............................. 60275.27 20396.86 0.00 5576.43 77030.49 163279.04

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[[Page 18254]]

NOX Emissions Summary--Kansas Counties (Wyandotte and Johnson)

[Unless otherwise specified, the units of measurement are in kilograms per summer day]

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On-road Off-road Point

mobile mobile Biogenic Area source source Total

emissions emissions emissions emissions emissions emissions

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1990.............................. 37748.17 21462.13 0.00 11725.66 58424.89 129360.85

1992.............................. 37250.96 21184.05 0.00 11554.05 61906.87 131895.93

1995.............................. 36815.67 22156.38 0.00 12554.07 53155.08 124681.20

2000.............................. 37461.44 21542.98 0.00 13757.38 27978.08 100739.88

2005.............................. 36340.63 20579.84 0.00 15123.27 28561.78 100605.51

2010.............................. 38294.96 19978.43 0.00 16131.17 29126.03 103530.60

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B. Motor Vehicle Emissions Budgets

These emission inventory updates define a VOC motor vehicle

emissions budget and an NOX motor vehicle emissions budget. The

emissions inventories in the Kansas and Missouri maintenance SIPs are

combined to establish these budgets to be used in determining

conformity of regional transportation plans and TIPs. Combined budgets

are preferable for determining conformity in bistate air quality

regions with a single MPO when emissions inventories are projected to

remain consistent with maintenance of the ozone standard.

Estimates of total VOC and NOX emissions in future years in

the maintenance area are less than required to demonstrate maintenance

of the ozone standard. In these circumstances, the Transportation

Conformity rule permits the SIP to explicitly quantify the difference

as a margin and include a portion of the margin in the motor vehicle

emissions budget. These SIP revisions explicitly quantify the margin

and explicitly assign a portion of the margin to the motor vehicle VOC

and NOX emissions budgets for conformity purposes.

Section 51.404 of the Transportation Conformity rule requires that

regional transportation plans establish ``horizon years'' which

envision a transportation system for certain future years, not more

than 10 years apart. These SIP revisions define the horizon years for

the Kansas City maintenance area to be 2000 and 2010. The motor vehicle

VOC and NOX emissions budgets for these years are above the motor

vehicle emissions inventory estimates for 2000 and 2010. This approach

is designed to protect emissions growth throughout the entire

maintenance period to the year 2010. The reader is referred to the

states' submissions for the calculations used to determine the motor

vehicle emissions budgets.

The regional motor vehicle VOC and NOX emissions budgets,

based on combining the inventories for the Missouri and Kansas portions

of the air quality maintenance area, are as follows:

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

Regional motor Regional motor

Ozone precursor vehicle budget for vehicle budget for

the year 2000 the year 2010

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

Non-Methane Hydrocarbons........ 87548 kg/summer 82885 kg/summer

day. day.

Nitrogen Oxides................. 119889 kg/summer 120121 kg/summer

day. day.

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

The motor vehicle emissions budgets were the subject of the

interagency consultation process as required by Sec. 51.402 of the

Transportation Conformity rule. The draft emissions inventories and

motor vehicle emissions budgets were reviewed by a regional air quality

policy advisory committee formed under the provisions of Sec. 174 of

the Clean Air Act and the regional transportation policy committee,

constituted in accordance with the Intermodal Surface Transportation

Efficiency Act. They were published and made available for regional

public review and comment.

The Missouri portion of the emissions inventory update and motor

vehicle emissions budget was adopted by the Missouri Air Conservation

Commission, after proper notice and public hearing, on March 30, 1995.

A public hearing for the Kansas portion of the emissions inventory

update and motor vehicle emissions budget was held on May 8, 1995, and

adopted by the Secretary of Health and Environment on May 11, 1995.

Missouri and Kansas have submitted complete inventories containing

point, area, biogenic, on-road, and nonroad mobile source data and

accompanying documentation. The submittals provide adequate

documentation on the emission estimation procedures and the data

sources used to develop the inventory. The point and area source

inventories are complete. Emissions for each source category were

prepared or calculated according to the most current EPA guidance. The

VMT development methods are adequately described and documented, and

the most current EPA MOBILE model was correctly used to produce

emission factors for each of the vehicle classes. Therefore, the

submitted emission inventory updates meet current EPA guidance for the

development of an approvable emissions inventory. EPA ACTION: By this

action EPA grants full approval of the May 11, 1995, Kansas submittal

and the April 12, 1995, submittal from the state of Missouri. These SIP

revisions meet all of the requirements for an approvable emissions

inventory update.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in the Federal

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

should adverse or critical comments be filed.

If the EPA receives such comments, this action 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 action should

do so at this time.

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.

Under the Regulatory Flexibility Act, 5 U.S.C. 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

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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 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, EPA certifies 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 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)).

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

state, local, or tribal governments in the aggregate.

Through submission of this SIP, the state has elected to adopt the

program provided for under section 110 of the CAA. These rules may bind

state and local governments to perform certain actions and also require

the private sector to perform certain duties. To the extent that the

rules being finalized for approval by this action will impose new

requirements, sources are already subject to these regulations under

state law. Accordingly, no additional costs to state or local

governments, or to the private sector, result from this final action.

EPA has also determined that this final action does not include a

mandate that may result in estimated costs of $100 million or more to

state or local governments in the aggregate or to the private sector.

EPA has determined that these rules result in no additional costs to

tribal government.

Under section 307(b)(1) of the CAA, petitions for judicial review

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

the appropriate circuit by June 24, 1996. 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 action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: February 9, 1996.

Dennis Grams,

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 R--Kansas

2. Section 52.870 is amended by adding paragraph (c)(31) to read as

follows:

Sec. 52.870 Identification of plan.

* * * * *

(c) * * *

(31) On May 11, 1995, the Kansas Department of Health and

Environment submitted an emissions inventory update to the Kansas City

maintenance plan approved by EPA on June 23, 1992. The submittal also

establishes a motor vehicle emissions budget for the purpose of

fulfilling the requirements of the Federal Transportation Conformity

rule.

(i) Incorporation by reference.

(A) Kansas City Ozone Maintenance State Implementation Plan

Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for

the Kansas City Metropolitan Area, adopted on May 11, 1995.

Subpart AA--Missouri

3. Section 52.1320 is amended by adding paragraph (c)(94) to read

as follows:

Sec. 52.1320 Identification of plan.

* * * * *

(c) * * *

(94) On April 12, 1995, the Missouri Department of Natural

Resources submitted an emissions inventory update to the Kansas City

maintenance plan approved by EPA on June 23, 1992. The submittal also

establishes a motor vehicle emissions budget for the purpose of

fulfilling the requirements of the Federal Transportation Conformity

rule.

(i) Incorporation by reference.

(A) Kansas City Ozone Maintenance SIP Revisions: Emission

Inventories and Motor Vehicle Emissions Budgets, adopted by the

Missouri Air Conservation Commission on March 30, 1995.

[FR Doc. 96-10132 Filed 4-24-96; 8:45 am]

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