Clean Air Act Approval and Promulgation of Carbon Monoxide Implementation Plan for the State of Washington: Puget Sound Emission Inventory

ENVIRONMENT PROTECTION AGENCY

40 CFR Part 52

[WA47-7120a; FRL-5543-9]

Clean Air Act Approval and Promulgation of Carbon Monoxide

Implementation Plan for the State of Washington: Puget Sound Emission

Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving the 1990 base year and 1995 projected year

carbon monoxide emission inventory portion of the Puget Sound carbon

monoxide (CO) State Implementation Plan (SIP) submitted on September

30, 1994, by the State of Washington Department of Ecology (Ecology)

for the purpose of bringing about the attainment of the national

ambient air quality standard (NAAQS) for CO.

DATES: This action is effective on September 23, 1996 unless adverse or

critical comments are received by September 9, 1996. If the effective

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

Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

SIP Manager, Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue,

Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation

[[Page 41332]]

Docket and Information Center, Environmental Protection Agency, 401 M

Street, SW., Washington, DC 20460. Copies of material submitted to EPA

may be examined during normal business hours at the following

locations: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue

(OAQ-107), Seattle, Washington 98101, and Washington State Department

of Ecology, 300 Desmond Drive, Olympia, WA 98504.

FOR FURTHER INFORMATION CONTACT: Stephanie Cooper, EPA Region 10,

Office of Air Quality (OAQ-107), Seattle WA 98101, (206) 553-6917.

SUPPLEMENTARY INFORMATION:

I. Background

In a March 15, 1991, letter to the EPA Region 10 Administrator, the

Governor of Washington recommended the Seattle-Tacoma-Everett area,

including the western portions of King, Pierce, and Snohomish Counties,

be designated as nonattainment for CO as required by section

107(d)(1)(A) of the 1990 Clean Air Act Amendments (CAAA or the Act)

(Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q).

The area, which includes lands within the Puyallup Reservation, Tulalip

Reservation and Muckleshoot Reservation, was designated nonattainment

and classified as ``moderate'' under the provisions outlined in

sections 186 and 187 of the CAA. (See 56 FR 56694 (Nov. 6, 1991),

codified at 40 CFR part 81, Sec. 81.348.) Because the Seattle-Tacoma-

Everett area had a design value of 14.8 ppm (based on 1987 data), it

was classified as ``moderate > 12.7 ppm'' (moderate plus).

Under the Clean Air Act as amended, 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. Under section 187(a)(1), the CAAA requires moderate CO

nonattainment areas to submit a base year CO inventory that represents

actual emissions in the CO season by November 15, 1992. Stationary

point, stationary area, on-road mobile, and non-road mobile sources of

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. Moderate CO nonattainment areas are required to

submit a periodic inventory that represents actual emissions no later

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

area is redesignated to attainment (section 187(a)(5)). Moderate CO

nonattainment areas with a design value of 12.7 parts per million (ppm)

or more are required to submit an attainment demonstration plan by

November 15, 1992 that demonstrates attainment by December 31, 1995

(187(a)(7)). To make the Attainment Demonstration, base year and

projected modeling inventories are needed. The base year inventory is

the primary inventory from which the periodic and modeling 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,'' EPA, Office of Air

Quality Planning and Standards, Research Triangle Park, North Carolina,

March 1991.

II. Today's Action

The EPA is approving the carbon monoxide (CO) base year 1990 and

projected year 1995 emission inventory submitted to EPA on September

30, 1994, based on the Level I, II, and III review findings.

III. Review of State Submittal

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. Washington's inventory satisfies both Level I and Level

II requirements. 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) must be provided

and the Quality Assurance (QA) program contained in the IPP must be

performed and its implementation documented.

2. Adequate documentation must be provided that enables 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. The method (e.g., Highway Performance Modelling System (HPMS)

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'', December 1992. The VMT

development methods must be adequately described and documented in

the inventory report.

8. The MOBILE model must be correctly used to produce emission

factors for each of the vehicle classes.

9. Non-road mobile emissions must be prepared according to

current EPA guidance for all of the source categories.

The EPA is approving this emission inventory as meeting the

requirements of section 187(a)(1) of the Act. The reasons why this

submittal meets the Level III criteria are discussed below.

Initially, EPA subjected the Washington State CO emission

inventories to a rigorous review. This review pointed out various

deficiencies in the inventory. In their updates to the original

emissions inventory submitted January 24, 1993, the Puget Sound Air

Pollution Control Agency (PSAPCA) corrected these deficiencies. Further

corrections were made and submitted September 30, 1994.

Inventory Preparation Plan

Washington submitted its final Inventory Preparation Plan (IPP) and

accompanying final Quality Assurance Plan on October 2, 1991. These

plans satisfied the EPA's requirements.

Quality Assurance

Throughout the emissions inventory, PSAPCA provides documentation

of quality assurance. For each source category, PSAPCA identifies the

methodology employed. Where PSAPCA methods deviate from EPA suggested

procedures, the rationale for the alternate method is noted. For each

CO source category, PSAPCA provides the reference from which it

excerpted information. When needed, projection equations are provided

to show emission amounts beyond the base year. In many cases, the 1995

inventory ``grows'' the 1990 numbers by a particular factor (e.g.

population growth). If 1995 values are the same as 1990 values, reasons

for the lack of growth in emissions are noted.

Point source inventory: PSAPCA's point source inventory identifies

sources whose emissions equal or exceed twenty-five tons per year of

carbon monoxide. There are 18 CO point sources in the Puget Sound

nonattainment area. The dominant industry with CO point sources is pulp

and paper processing.

To compile the point source inventory, PSAPCA inventories all

[[Page 41333]]

subject point sources on an annual basis. Each source sends PSAPCA an

annual questionnaire (``Form B'') that chronicles its emissions. The

form includes SIC classification, normal operating schedule, criteria

air contaminants (in tons/year), an emission point/segment summary,

including CAS (chemical abstract services) numbers of the chemicals

involved. PSAPCA engineers then review the data, which may also be

verified by field inspectors.

PSAPCA reports that point source emissions for 1990 and 1995 are

identical, at 136,600 pounds per day.

Area source inventory: PSAPCA's inventory for CO area sources is

divided into the following categories: industrial fossil fuel use,

commercial fossil fuel use, residential fuel use, residential wood

burning, engine testing, residential garbage, land clearing burning,

yard waste burning, structure burning, and waste management. The

largest contributor to CO emissions was wood burning. Emissions for

each source category are calculated for the three counties that

comprise the nonattainment area (King, Pierce, and Snohomish). The

inventory provides a discussion per category, and displays equations

that were used to develop emissions estimates. Sources of information

are provided as needed (e.g. population from the 1990 Census). In some

cases, PSAPCA's methodology differs from EPA's recommended procedures.

When this occurs, PSAPCA notes the reason for the difference. Usually,

PSAPCA uses data tailored to the local or state area rather than using

the national equations or factors. For the 1995 emission inventory,

numbers are frequently ``grown'' from the 1990 inventory. Where

necessary, projection equations are provided. Area source totals for

1990 were 620,762 pounds per winter day (lb/wd) within the CO

nonattainment area, and 637,720 lb/wd for 1995. Additionally, for the

1995 stationary area source inventory, PSAPCA provides a trend analysis

and states an explanation for why increase or decrease in emissions may

have occurred.

Vehicle miles travelled (VMT): Washington created a ``Memorandum of

Understanding'' between the Puget Sound Regional Council, Spokane

Regional Council, Washington State Department of Ecology and Washington

State Department of Transportation to apportion responsibility for

reporting of vehicle miles travelled to these agencies. Puget Sound

Regional Council and Spokane Regional Council develop peer review draft

vehicle miles travelled reports for their respective Federal Aid Urban

Areas, based on data submitted by the Department of Transportation. The

draft reports are submitted to Ecology, which then submits the final

vehicle miles travelled annual report to EPA.

The Puget Sound Regional Council, which develops VMT forecasts for

the Puget Sound CO nonattainment area, uses a four-part model

consisting of a trip generation component, a trip distribution

component, a mode choice component, and a transportation/mode

assignment component. The model considers residential factors,

employment, road network, land use, population, etc., and is

reevaluated several times per year.

The VMT development methods were adequately described and

documented in the SIP and satisfy EPA's requirements.

Use of the Mobile model: The mobile5a model was correctly used to

produce emission factors for each of the vehicle classes. The model

employs the 2500 idle test even though Washington's program uses both

the loaded idle and the 2500 idle. This is because Mobile5a allots

higher emission factors for the loaded idle test than for the 2500

idle. Inputs to the mobile5a model reflect Washington's program: 2.7%

oxygenate, 15% waiver rate for cars 1968-1980, 14% waiver rate for cars

1981 and younger, 90% compliance rate, biennial inspection, centralized

program, etc. The Washington State Department of Ecology was

responsible for the on-road section of the emissions inventory. Quality

Assurance is provided within the on-road discussion. Additionally, the

EPA QA checklist was used to check data. On-road mobile sources are

4,347,800 lb/day for 1990 and 2,717,600 lb/day for 1995.

Please note that the emission inventory mobile source estimates are

not the same as those in the IM SIP. The IM SIP uses mobile5ah and

gives credit to technician training. Washington has elected to use the

mobile5a outputs for its attainment demonstration, and to use mobile5ah

to show that it meets EPA's low enhanced performance standard. This

discrepancy is further discussed in the Technical Support Document.

Non-road inventory: PSAPCA describes each category and the

methodology employed. Methodology is taken from Procedures for the

Preparation of Emission Inventories for Carbon Monoxide and Precursors

of Ozone, unless otherwise noted. When PSAPCA's methodology deviates

from EPA guidance, it is usually because PSPACA uses numbers reflective

of local scenarios as opposed to national averages. Assumptions,

equations, and sources are noted per source category. Major non-road

contributors are lawn and garden equipment, industrial and wholesale

equipment, and aircraft and marine sources. Nonroad totals are 396,336

lb/day for 1990 and 434,863 lb/day for 1995. For the 1995 inventory,

PSAPCA comments on the trends since 1990 and provides explanations for

why the increase or decrease in emission was projected to occur.

IV. 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 requires that each emission inventory submitted by a State

has to 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. 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 EPA expects the emissions

inventories to have gone through the public hearing process as part of

the full CO SIP.2

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

\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).

\2\ 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.

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

The State of Washington held a public hearing on September 8, 1994

to entertain public comment on the 1990 base year emission inventory

for the Puget Sound Carbon Monoxide Nonattainment Area. Following the

public hearing the inventory was adopted by the State and signed by the

Governor on September 30, 1994, and submitted to EPA on September 30,

1994 as a proposed revision to the SIP.

The emission inventory was reviewed by EPA 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). The submittal was found to be

complete on March 30, 1995.

V. Implications of Today's Action

The EPA is approving the Puget Sound carbon monoxide emission

inventory submitted as ``replacement pages'' to the Washington SIP on

September 30, 1994. The State has submitted a complete inventory

[[Page 41334]]

containing point, area, on-road, and non-road mobile source data, and

documentation. Emissions for these groupings are presented in the

following table:

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

Daily Emissions (lbs/

day) (rounded to the

nearest 100)

Emission Category -----------------------

Base year Projected

1990 year 1995

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

Point sources................................... 136,000 136,000

Area sources.................................... 620,700 637,700

Non-road mobile sources......................... 396,300 435,000

On-road mobile sources.......................... 4,347,800 2,717,600

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

Total....................................... 5,492,200 3,928,000

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

This inventory is complete and approvable according to the criteria

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

Emission Inventory Branch, Technical Support Document (TSD) to G.T.

Helms, Chief Ozone/Carbon Monoxide Programs Branch, AQMD.

As noted, additional submittals of SIP emission inventories for the

nonattainment areas are due at later dates. The EPA will determine the

adequacy of any such submittal as appropriate.

VI. Administrative Review

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. 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 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 EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

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

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

Under section 801(a)(1)(A) of the Administrative Procedures Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of the rule in today's Federal Register.

This rule is not a ``major rule'' as defined by section 804(2) of the

APA as amended.

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

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on 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 and in relation to relevant statutory and

regulatory requirements.

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.

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 this Federal

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

should adverse or critical comments be filed. This action will be

effective September 23, 1996 unless, by September 9, 1996, adverse or

critical comments are received.

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 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. If no such comments are received, the public is

advised that this action will be effective September 23, 1996.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by October 7, 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), 42 U.S.C.

7607(b)(2).

Note: Incorporation by reference of the Implementation Plan for

the State of Washington was approved by the Director of the Office

of Federal Register on July 1, 1982.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

[[Page 41335]]

Dated: July 22, 1996.

Randall F. Smith,

Acting Regional Administrator.

PART 52--[AMENDED]

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

2. Section 52.2470 is amended by adding paragraph (c)(63) to read

as follows:

Sec. 52.2470 Identification of plan.

* * * * *

(c) * * *

(63) On September 30, 1994, the Director of WDOE submitted to the

Regional Administrator of EPA a revision to the carbon monoxide State

Implementation Plan for, among other things, the 1990 and 1995 Emission

Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources.

(i) Incorporation by reference.

(A) September 30, 1994, letter from WDOE to EPA submitting emission

inventories for the Puget Sound CO nonattainment area (adopted on

September 30, 1994); NonHighway Mobile Sources Emission Inventory for

Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish

Counties Base Year 1990, dated December 1993; Stationary Area Sources

Emission Inventory for Carbon Monoxide and Precursors of Ozone for

King, Pierce and Snohomish Counties Base Year 1990, dated December

1993; Stationary Area Sources Emission Inventory for Carbon Monoxide

and Precursors of Ozone for King, Pierce and Snohomish Counties

Projection Year 1995, dated September 1994; Supplement to the SIP,

``Puget Sound Carbon Monoxide Nonattainment Area,'' Replacement Pages,

dated September 1994; Non-Road Mobile Sources Emission Inventory for

Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish

Counties, Base Year 1990, dated September 1994; Non-Highway Mobile

Sources Projections for 1995 Emission Inventory for Carbon Monoxide and

Precursors of Ozone for King, Pierce and Snohomish Counties, dated

September 1994; Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area

1990 Base Year On Road Mobile Source Emissions Inventory, dated August

1994; and Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area 1995

Projected Year On Road Mobile Source Emissions Inventory, dated August

1994.

[FR Doc. 96-20139 Filed 8-7-96; 8:45 am]

BILLING CODE 6560-50-P