Approval and Promulgation of Air Quality Implementation Plans; District of Columbia and State of Maryland1990 Base Year Emission Inventory for the Metropolitan Washington DC Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC010-5914a; MD033-7157a; FRL-5814-1]

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia and State of Maryland--1990 Base Year Emission

Inventory for the Metropolitan Washington DC Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the District of Columbia (DC)

and the State of Maryland State Implementation Plans (SIPs) which

pertain to the 1990 base year ozone emission inventories for the

Washington DC-MD-VA Consolidated Metropolitan Statistical Area (CMSA)

ozone nonattainment area. This area, commonly referred to as the

Metropolitan Washington DC area, is classified as a serious ozone

nonattainment area. The SIP revisions were prepared by the Metropolitan

Washington Council of Governments and submitted by the District and the

State of Maryland for the purpose of establishing the 1990 baseline of

emissions contributing to ozone nonattainment problems in the

Metropolitan Washington DC area. This rulemaking action is for

Washington DC and Maryland portions of the area only. The approval of

the SIP revision submitted by the Commonwealth of Virginia for its

portion of the base year inventory of the Metropolitan Washington DC

area was published on September 16, 1996 (61 FR 48632). This action is

being taken under section 110 of the Clean Air Act.

DATES: This action is effective June 9, 1997 unless notice is received

on or before May 23, 1997 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 L. Arnold, 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 the District of

Columbia Department of Consumer and Regulatory Affairs, 2100 Martin

Luther King Avenue, SE., Washington, DC 20020; and Maryland Department

of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Pauline De Vose, (215) 566-2186, at

EPA Region III address, 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 national ambient

air quality standard 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 base year inventory to

exclude biogenic emissions and to exclude certain emission reductions

not creditable towards the 15% plan. 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,'' 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. The 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 District of

Columbia and Maryland portions of the Metropolitan Washington DC ozone

nonattainment area's 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 within 2 years

of enactment (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 compounds

(VOCs), nitrogen oxides (NOX), and carbon monoxide (CO). The

inventory is to address actual VOC, NOX, and CO emissions

for the area during peak ozone season, which is generally comprised of

the summer months. All emissions from stationary point and area

sources, as well as highway and non-road mobile sources, and biogenic

emissions 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).

[[Page 19677]]

Criteria for Approval

There are general and specific components of an acceptable emission

inventory. In general, a state must meet the minimum requirements for

reporting by source category. Specifically, the source requirements are

detailed below.

The Levels 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, as outlined here, consists of 10

criteria. For a base year emission inventory to be acceptable it must

pass all of the following acceptable 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'', 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 Level 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 dated June 24, 1993.

The District of Columbia and State of Maryland Submittals

On January 13, 1994 and March 21, 1994, the Department of Consumer

and Regulatory Affairs (DCRA) for the District of Columbia and the

Maryland Department of the Environment (MDE), respectively, submitted

the 1990 base year emission inventories as formal revisions to their

State Implementation Plans (SIPs).

The submittals were reviewed by EPA to determine completeness

shortly after their submittals, in accordance with the completeness

criteria set out at 40 CFR Part 51, Appendix V (1991), as amended by 56

FR 42216 (August 26, 1991). The submittals were found to be complete on

July 13, 1994; and June 1, 1994, respectively.

EPA Analysis

Based on EPA's Level I, II, and III review findings, the District

and Maryland have satisfied all of EPA's requirements for providing a

comprehensive and accurate 1990 base year inventory of actual emissions

for their portions of the Metropolitan Washington DC ozone

nonattainment area. A summary of EPA's Level III findings is given

below:

1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA)

program have been approved and implemented. These were approved on

March 27, 1992 and August 11, 1992 for the District and Maryland,

respectively.

2. The documentation was adequate for all emission types

(stationary point, area, highway 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 vehicle miles traveled (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 the District's and the State of

Maryland's submittals meet the essential reporting and documentation

requirements for a 1990 base year 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

table below.

District of Columbia Ozone Season Emissions in Tons Per Day

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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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VOC............................. 19.991 1.701 32.27 11.32 3.150 68.432

NOX.............................. 2.970 30.919 23.56 13.28 N/A 70.729

CO............................... 2.698 4.306 248.33 145 N/A 400.334

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[[Page 19678]]

Maryland Portion of the Metropolitan Washington DC Area Ozone Season Emissions in Tons Per Day

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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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VOC............................. 98.89 8.042 108.47 33.37 225.96 474.742

NOX............................. 65.476 204.903 125.14 39.15 N/A 434.669

CO.............................. 51.799 9.796 901.490 427.42 N/A 1390.505

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EPA has determined that the submittals made by DCRA and MDE satisfy

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

emission inventories is contained in a Technical Support Document (TSD)

which is available, upon request, from the EPA Regional Office listed

in the ADDRESSES section of this document.

EPA is approving these SIP revisions without prior proposal because

the Agency views these as noncontroversial amendments and anticipates

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

Register publication, EPA is proposing to approve the SIP revisions

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

effective June 9, 1997 unless, by May 23, 1997, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document 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 June 9, 1997.

Final Action

EPA is approving revisions to the District of Columbia and Maryland

SIPs. These revisions consist of the District's and Maryland's portions

of the 1990 Base Year Emission Inventory for the Metropolitan

Washington DC ozone nonattainment area. The inventories consist of

point, area, highway mobile, non-road mobile and biogenic emissions for

VOC, NOX and CO. The revisions were submitted to EPA by DCRA

and MDE on January 13, 1994 and March 21, 1994, respectively.

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 a 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 CAAA 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 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 CAAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The CAAA forbids EPA to base its

actions concerning SIPs 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 Mandate Act''), signed into law on March 22, 1995, EPA must

prepare a budgetary impact statement to accompany any proposed or final

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 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 June 23, 1997. 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 the District of Columbia,

[[Page 19679]]

Maryland, and Virginia Emission Inventories, 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, and SIP requirements.

Dated: April 8, 1997.

Stanley L. Laskowski,

Acting 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 J--District of Columbia

2. Section 52.474 is amended by revising the section heading,

designating existing text as paragraph (a) and adding paragraph (b) to

read as follows:

Sec. 52.474 1990 Base Year Emission Inventory.

* * * * *

(b) EPA approves as a revision to the District of Columbia State

Implementation Plan the 1990 base year emission inventory for the

District's portion of the Metropolitan Washington DC ozone

nonattainment area submitted by the Director, DCRA, on January 13,

1994. This submittal consists of the 1990 base year point, area,

highway mobile, non-road and biogenic source emission inventories in

the area for the following pollutants: Volatile organic compounds

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

Subpart V--Maryland

3. Section 52.1075 is amended by adding paragraph (d) to read as

follows:

Sec. 52.1075 1990 Base Year Emission Inventory.

* * * * *

(d) EPA approves as a revision to the Maryland State Implementation

Plan the 1990 base year emission inventory for the Maryland portion of

the Metropolitan Washington DC ozone nonattainment area submitted by

the Secretary of MDE on March 21, 1994. This submittal consists of the

1990 base year point, area, highway mobile, non-road mobile, and

biogenic source emission inventories in the area for the following

pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and

oxides of nitrogen (NOX).

[FR Doc. 97-10508 Filed 4-22-97; 8:45 am]

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