Approval and Promulgation of Air Quality Implementation Plans; Maryland 1990 Base Year Emission Inventory

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD033-7157a; FRL-5603-1]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland 1990 Base Year Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Maryland State

Implementation Plan (SIP) which pertains to the 1990 base year emission

inventory for the marginal and severe ozone nonattainment areas within

the state. The ozone nonattainment areas consist of the counties of

Cecil, Ann Arundel, Baltimore City, Baltimore, Carroll, Harford, and

Howard (all severe); Queen Anne's and Kent (both marginal). The SIP was

submitted by the Maryland Department of the Environment (MDE) for the

purpose of establishing the 1990 baseline emissions contributing to the

ozone nonattainment problems in Maryland. This action is being taken

under section 110 of the Clean Air Act.

DATES: This action is effective November 26, 1996 unless notice is

received on or before October 28, 1996 that adverse or critical

comments will be submitted. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David Arnold, Section Chief,

Ozone/CO & Mobile Sources Section, Mailcode 3AT21, Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia,

Pennsylvania 19107. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

Air, Radiation, and Toxics Division, Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;

the Air and Radiation Docket and Information Center, Environmental

Protection Agency, 401 M Street, SW., Washington, DC. 20460; and

Maryland Department of the Environment, 2500 Broening Highway,

Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the

EPA Region III office, or via e-mail at [email protected].

While information may be requested via e-mail, comments must be

submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

Background

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

responsibility to inventory emissions contributing to NAAQS

nonattainment, to track these emissions over time, and to ensure that

control strategies are being implemented that reduce emissions and move

areas towards attainment. The CAAA requires ozone nonattainment areas

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

within three years of 1990 to reduce VOC emissions by 15 percent within

six years after 1990 (15% plan). The baseline level of emissions, from

which the 15 percent reduction is calculated, is determined by

adjusting the 1990 base year inventory to exclude biogenic emissions

and to exclude certain emission reductions not creditable towards the

15% plan. The 1990 base year emission 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,'' Environmental Protection Agency, Office of Air

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

March 1991. The 1990 base year inventory may also serve as part of

statewide inventories for purposes of regional modeling in transport

areas. The 1990 base year inventory plays an important role in modeling

demonstrations for areas classified as moderate and above that are

located outside transport regions.

The air quality planning requirements for marginal to extreme ozone

nonattainment areas are set out in section 182(a)-(e) of Title I of the

CAAA. 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 CAAA, 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 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

rulemaking action on the Maryland ozone 1990 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 CAAA to

submit a final, comprehensive, accurate, and current inventory of

actual ozone season, weekday emissions from all sources by November 15,

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

1990 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 the 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).

Criteria for Inventory Approval

There are general and specific components of an acceptable emission

inventory. In general, the state must submit a revision to its SIP and

the emission inventory must meet the minimum requirements for reporting

by source category. Specifically, the source requirements are detailed

below.

The Level I and II review process is used to determine that all

components of the base year inventory are present. The review also

evaluates the level of supporting documentation provided by the state

and assesses whether the emissions were developed according to current

EPA guidance. The data quality is also evaluated.

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

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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 be prepared or calculated according

to the current EPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must be prepared or calculated

according to the current EPA guidance.

7. Biogenic emissions must be prepared according to current EPA

guidance or another approved technique.

8. The method (e.g., HPMS or a network transportation planning

model) used to develop VMT estimates must follow EPA guidance, which is

detailed in the document, ``Procedures for Emission Inventory

Preparation, Volume IV: Mobile Sources,'' U.S. Environmental Protection

Agency, Office of Mobile Sources and Office of Air Quality Planning and

Standards, Ann Arbor, Michigan, and Research Triangle Park, North

Carolina, December 1992. The VMT development methods must be adequately

described and documented in the inventory report.

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

correctly used to produce emission factors for each of the vehicle

classes.

10. Non-road mobile emissions must be prepared according to current

EPA guidance for all of the source categories.

The base year emission inventory is approvable if it passes Levels

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

procedures can be found in the following document; ``Quality Review

Guidelines for 1990 Base Year Emission Inventories,'' 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, Emission Inventory Issues, dated June

24, 1993.

State Submittal

Maryland Department of the Environment (MDE) submitted a revision

to the Maryland SIP on March 21, 1994. The SIP revision consists of

1990 base year emission inventories for the ozone nonattainment areas

within the state. In accordance with the requirements of 40 CFR 51.102,

public hearings concerning the SIP revision were held on November 4, 8,

9, and 10, 1993 in Westminster, Perryville, Baltimore, and Annapolis,

respectively; November 18, 22, and 30, 1993 in Frederick, Prince

Frederick, and Silver Spring, respectively.

The Maryland SIP revision 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). Maryland SIP submittal was

found to be complete on June 1, 1994.

EPA Analysis

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

all of EPA's requirements for 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.

1. The IPP and QA programs was approved by EPA and implemented on

August 11, 1992.

2. The documentation was adequate for all emission types

(stationary point, area, non-road mobile, on-road mobile and biogenic

sources) for the reviewer to determine the estimation procedures and

data sources used to develop the inventory.

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

4. The point source emissions were estimated according to EPA

guidance.

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

6. The area source emissions were estimated according to EPA

guidance.

7. The biogenic source emissions were estimated using the Biogenic

Emission Inventory System (PC-BEIS) in accordance with EPA guidance.

8. The method used to develop VMT estimates was adequately

described and documented.

9. The mobile model was used correctly.

10. The non-road mobile emission estimates were correctly prepared

in accordance with EPA guidance.

Thus, EPA has determined that Maryland's submittal meets the

essential reporting and documentation requirements for an emission

inventory.

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

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

tables below.

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Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

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Baltimore Non-Attainment Area Ozone Season Emissions in Tons Per Day

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VOC............................... 127.09 40.33 131.50 45.15 180.09 524.16

NOX............................... 10.60 231.31 161.20 71.58 N/A 474.69

CO................................ 31.92 376.43 1,182.20 345.36 N/A 1,935.91

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Kent/Queen Anne's County Ozone Season Emissions in Tons Per Day

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VOC............................... 9.69 0.24 6.60 3.45 70.71 90.69

NOX............................... 0.72 0.00 7.30 1.77 N/A 9.79

CO................................ 3.12 0.00 54.10 19.43 N/A 76.65

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Cecil County Ozone Season Emissions in Tons Per Day

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VOC............................... 9.23 0.55 7.20 2.02 32.96 51.96

NOX............................... 1.10 0.00 9.30 2.50 N/A 12.90

CO................................ 32.62 0.00 68.70 11.83 N/A 113.15

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[[Page 50717]]

EPA has determined that the submittal made by the State of Maryland

satisfies the relevant requirements of the CAAA. EPA's detailed review

of the emission inventories are contained in a Technical Support

Document (TSD) which is available, upon request, from the EPA Regional

Office listed in the ADDRESSES section of this notice.

EPA is approving the SIP revision 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, EPA is proposing to approve the SIP revision

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

effective November 26, 1996 unless, within 30 days of publication,

adverse or critical comments are received.

If 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. 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 on November 26, 1996.

Final Action

EPA is approving revisions to the Maryland SIP to include the 1990

base year emission inventories for the ozone nonattainment areas within

the state. The inventories consist of point, area, non-road mobile,

biogenics and on-road mobile source emissions for VOC, NOx and CO.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision of 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.

Executive Order 12866

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.

Regulatory Flexibility Act

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 economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the state is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the Regional

Administrator 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIP's on such grounds. Union Electric Co. v.

U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates

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 proposed/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.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added 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 5

U.S.C. 804(2).

Petitions for Judicial Review

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

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

the appropriate circuit by November 26, 1996. Filing a petition for

reconsideration by the Administrator of this 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 regarding Maryland emission inventory 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, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

Dated: August 21, 1996.

W. Michael McCabe,

Regional Administrator, Region III.

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 V--Maryland

2. Section 52.1075 is added to read as follows:

Sec. 52.1075 1990 Base Year Emission Inventory

EPA approves as a revision to the Maryland State Implementation

Plan the 1990 base year emission inventories for the Maryland ozone

nonattainment

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areas submitted by the Secretary of Maryland Department of Environment

on March 21, 1994. This submittal consists of the 1990 base year point,

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

inventories for the following pollutants: volatile organic compounds

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

[FR Doc. 96-24524 Filed 9-26-96; 8:45 am]

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