Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Virginia, Maryland; 1990 Base Year Emission Inventory for the Metropolitan Washington, DC Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC038-2009a, MD058-3026a, VA083-5035a; FRL-6120-6]

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia, Virginia, Maryland; 1990 Base Year Emission

Inventory for the Metropolitan Washington, DC Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

District), the State of Maryland and the Commonwealth of Virginia State

Implementation Plans (SIP) which pertain to the 1990 base year ozone

emission inventory for the Washington, DC-MD-VA Consolidated

Metropolitan Statistical Area (CMSA). This area, commonly referred to

as the Metropolitan Washington, D.C. area, is classified as a serious

ozone nonattainment area. These SIP revisions were prepared by the

District, the Commonwealth of Virginia and the State of Maryland with

the assistance of the Metropolitan Washington Council of Governments

and were submitted for the purpose of revising the 1990 baseline of

volatile organic compound (VOC) and nitrogen oxides (NOx) emissions

that contribute to ozone nonattainment problems in the Metropolitan

Washington, D.C. area. The intended effect of this action is to approve

amendments to the 1990 base year ozone emission inventory for the

Metropolitan Washington, D.C. area in accordance with the Clean Air

Act.

DATES: This direct final rule is effective on September 8, 1998 without

further notice, unless EPA receives adverse comment by August 7, 1998.

If adverse comment is received, EPA will publish a timely document

withdrawing this rule.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone &

Mobile Sources Branch, Mailcode 3AP21, 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 Protection

Division, Environmental Protection Agency, Region III, 1650 Arch

Street, Philadelphia, Pennsylvania 19103; the District of Columbia

Department of Health, Air Quality Division, 2100 Martin Luther King

Ave., S.E., Washington, DC 20020; the Maryland Department of the

Environment, 2500 Broening Highway, Baltimore, Maryland 21224; and the

Virginia Department of Environmental Quality, 629 East Main Street,

Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, 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:

I. Background

Under the Clean Air Act (the Act), 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 1990 base year

emissions inventory is the primary inventory from which the periodic

inventory, the rate-of-progress (ROP) target level and projection

inventories, and the modeling inventory are derived. The Act 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% ROP plan). The

baseline level of emissions, from which the 15 percent reduction is

calculated, is determined by adjusting the base year VOC inventory to

exclude biogenic emissions and to exclude certain emission reductions

not creditable towards the 15% plan. The Act further requires ozone

nonattainment areas designated as serious, severe, and extreme to

submit a plan within four years of 1990 to reduce VOC emissions by a

further nine percent in the period between six and nine years after

1990 (post-1996 ROP plan). The Act allows reductions in NOx emissions

after 1990 to be substituted for VOC reductions in the post-96 ROP

plan. When NOx reductions are substituted, the baseline level of

emissions, from which the NOx reduction percentage is calculated, is

determined by adjusting the base year NOx inventory to exclude certain

emission reductions not creditable towards the 15% plan. Further

information on these inventories and their purpose can be found in the

following documents issued by EPA:

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

Guidance on the Adjusted Base Year Emissions Inventory and the 1996

Target for 15 Percent Rate of Progress Plans, Environmental Protection

Agency, Office of Air Quality Planning and Standards, Research Triangle

Park, North Carolina, October 1992.

Guidance on the Post '96 Rate-of-Progress Plan (RPP) and Attainment

Demonstration (Corrected version of February 18, 1994), Environmental

Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina, February 18, 1994.

[[Page 36855]]

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 Act. 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 Act, including

requirements for the preparation of the 1990 base year inventory (see

57 FR 13502 April 16, 1992; and 57 FR 18070 April 28, 1992). Because

EPA is describing its 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 and its supporting

rationale. In today's rulemaking action on 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 Act 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 VOC, NOX, and carbon

monoxide (CO) emissions. 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.

Air quality planning in the Washington, DC ozone nonattainment area

is done jointly by the District of Columbia, Maryland, Virginia and the

Metropolitan Washington Air Quality Committee (MWAQC). The MWAQC,

composed of state and local elected officials, state air quality and

transportation planning directors and the Chair of the National Capital

Region Transportation Planning Board, ensures interstate air quality

planning consultation requirements of sections 182(j) and 174 are

fulfilled and has been certified under section 174 as the air quality

planning organization for the Washington, DC ozone nonattainment area

by the Governors of Maryland and Virginia and the Mayor of the District

of Columbia. The MWAQC recommends air quality planning measures and

approves ROP plans both of which the states adopt as SIP revisions. The

MWAQC relies upon the three air planning agencies including the

District of Columbia's Air Quality Division, Environmental Health

Division, Department of Health (formerly the Air Resources Management

Division of the Department of Consumer and Regulatory Affairs) and upon

the Metropolitan Washington Council of Governments (MWCOG) for

technical support. Each jurisdiction adopts the MWAQC-approved plan as

a revision to its SIP.

In July 1996 the MWAQC and the Washington, DC ozone nonattainment

area states began revisions to their 15% ROP plans in conjunction with

the post-1996 ROP plans. At this time certain portions of the 1990 base

year inventory were refined to utilize better information such as that

relating to traffic demand modeling, updated information on point

source emissions, and to correct certain errors in the inventory found

while the states were auditing the inventory in preparation for the

attainment demonstration modeling.

The update to the point source inventory reflects changes in

emission factors, replacement of emission factors with actual stack

testing results, correction of coding errors in boiler firing type and

correction in the associated emission factor, and improved reporting by

sources. The changes in area source emissions estimates are

attributable to changes in several categories, including, ``coal

consumption,'' which includes residential, commercial/institutional,

and industrial consumption. These changes resulted from the use of a

corrected emissions factor for under-fired stokers in the commercial/

institutional and industrial categories and a corrected emissions

factor for the residential category. In addition, the spatial

allocation approach for commercial, institutional and non-point source

industrial fossil-fuel combustion categories was changed to use

employment as the activity surrogate, instead of population. Other

revisions in area source emissions result from use of better 1990

information available for the military airports, structure fires and

certain industrial surface coating categories.

The changes in area source emissions estimates are attributable to

changes in estimates of activity split between the weekend and weekday

use of recreational boating and lawn and garden equipment and in the

Reid vapor pressure (RVP) of gasoline used in the area in 1990. The

1990 inventory was based upon an EPA supplied inventory that did not

accurately reflect the 1990 summer RVP of 8.3 psi nor the proper

activity split between the weekend and weekday use of recreational

boating and lawn and garden equipment.

The mobile source inventory was developed by using a network-based

travel demand model which is the same network used for transportation

conformity purposes. The refinements to the 1990 mobile source

emissions inventory are attributable to refinements implemented in the

traffic modeling process. These refinements are designed to provide a

better feedback relationship between congested traffic speeds on the

network and the gravity model. Additionally, updated land use

assumptions, actual 1990 census data for households and population data

and the Regional Employment Census for employment data were used in the

refinements. These updated assumptions are slightly lower than the

``projected'' 1990 assumptions used for the initial 1990 inventory

submittals.

II. 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 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 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

[[Page 36856]]

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:

A. 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.

B. Adequate documentation must be provided that enables the

reviewer to determine the emission estimation procedures and the data

sources used to develop the inventory.

C. The point source inventory must be complete.

D. Point source emissions must be prepared or calculated according

to the current EPA guidance.

E. The area source inventory must be complete.

F. The area source emissions must be prepared or calculated

according to the current EPA guidance.

G. Biogenic emissions must be prepared according to current EPA

guidance or another approved technique.

H. The method (e.g., a network transportation planning model) used

to develop vehicle miles traveled (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.

I. The EPA's MOBILE emission factor model must be correctly used to

produce emission factors for each of the vehicle classes.

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

EPA guidance for all of the source categories.

III. The District's, Virginia's and Maryland's Submittals

On November 3, 1997, the Department of Consumer and Regulatory

Affairs (DCRA) for the District of Columbia submitted the revised 1990

base year emission inventories as a formal revision to the District's

State Implementation Plan (SIP). On December 24, 1997 the Maryland

Department of the Environment submitted the revised 1990 base year

emission inventories as a formal revision to the Maryland SIP, and on

December 17, 1997 the Virginia Department of Environmental Quality

submitted the revised 1990 base year emission inventories as a formal

revision to the Virginia SIP. EPA reviewed this submittal to determine

completeness shortly after 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 submittals were

determined to be complete on December 10, 1997, January 13, 1998 and

January 12, 1998 for the District's, Maryland's and Virginia's

submittals, respectively.

IV. EPA Analysis of the SIP Revisions

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

Maryland and Virginia have satisfied all of EPA's requirements for

providing a comprehensive and accurate 1990 base year inventory of

actual emissions for the Metropolitan Washington, D.C. ozone

nonattainment area.

There were no deficiencies found during the Level I and II review.

The Level I and II checklists are contained in the TSD prepared for

this action.

A summary of EPA's Level III findings is given below:

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

program have been approved and implemented. These were approved on

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

Maryland and Virginia, respectively.

B. 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.

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

D. The point source emissions were estimated according to EPA

guidance.

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

F. The area source emissions were estimated according to EPA

guidance.

G. The biogenic source emissions were estimated using the Biogenic

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

H. The method used to develop VMT estimates was adequately

described and documented.

I. The mobile model was used correctly.

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

in accordance with EPA guidance.

Thus, EPA has determined that the District's, the State of

Maryland's and the Commonwealth of Virginia'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 is presented for VOC,

NOX, and CO emissions in the tables below.

Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction

[1990 Base-Year VOC Inventory]

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District of

Columbia Maryland Virginia Area total

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Point Source Emissions...................................... 1.0 5.5 8.1 14.6

Area Source Emissions....................................... 20.0 94.2 77.0 191.2

Non-Road Mobile Emissions................................... 5.5 32.1 32.8 70.4

On-Road Mobile Emissions.................................... 32.6 108.4 110.1 251.1

Biogenic Emissions.......................................... 3.2 225.9 147.4 376.5

Total................................................. 62.3 466.1 375.4 903.8

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Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction

[1990 Base-Year NOX Inventory]

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District of

Columbia Maryland Virginia Total

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Point Source Emissions...................................... 7.6 267.4 59.8 334.8

[[Page 36857]]

Area Source Emissions....................................... 3.4 15.8 28.1 47.3

Non-Road Mobile Emissions................................... 5.5 43.5 36.0 85.0

On-Road Mobile Emissions.................................... 25.8 129.1 106.8 261.7

Biogenic Emissions.......................................... NA NA NA NA

Total................................................. 42.3 455.8 230.7 728.8

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Metropolitan Washington, DC Ozone Season Emissions in Tons Per Day by Jurisdiction

[1990 Base-Year Carbon Monoxide (CO) Inventory]

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District of

Columbia Maryland Virginia Total

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Point Source Emissions..................................... 4.3 51.8 3.6 59.7

Area Source Emissions...................................... 2.7 9.8 49.6 62.1

Non-Road Mobile Emissions.................................. 145 427.4 365 937.4

On-Road Mobile Emissions................................... 248.3 901.5 909.1 2058.9

Biogenic Emissions......................................... NA NA NA NA

Total................................................ 400.3 1390.5 1327.3 3118.1

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EPA has determined that the submittals made by the District,

Maryland and Virginia satisfy the relevant requirements of the Act.

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 above.

EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse or critical comments be filed. This rule will be effective

September 8, 1998 without further notice unless the Agency receives

adverse comments by August 7, 1998.

Should EPA receive such comments, then EPA will publish a document

informing the public that this rule did not take effect. All public

comments received will then be addressed in a subsequent final rule

based on the proposed rule. EPA will not institute a second comment

period on this rule. Only 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 rule will be effective on September 8, 1998

and no further action will be taken on the proposed rule.

If adverse comments are received that do not pertain to all

paragraphs in this rule, those paragraphs not affected by the adverse

comments will be finalized in the manner described here. Only those

paragraphs which receive adverse comments will be withdrawn in the

manner described here.

V. Final Action

EPA is approving the revised 1990 base year ozone emission

inventory for VOC and NOX submitted by the District of

Columbia, State of Maryland and the Commonwealth of Virginia for the

Metropolitan Washington, D.C. ozone nonattainment area. The inventory

revisions concern VOC, and NOX emissions from point, area,

highway mobile, and non-road mobile biogenic emissions.

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.

VI. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

The final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

B. 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 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

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 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).

C. 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

private sector, of $100 million or more. Under section 205,

[[Page 36858]]

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 requirements. Accordingly, no

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

private sector, result from this action.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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

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

the appropriate circuit by September 8, 1998. 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 1990 emission inventory for the Washington,

DC ozone nonattainment area submitted by the District of Columbia,

State of Maryland and Commonwealth of Virginia, 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,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

record keeping requirements, and SIP requirements.

Dated: June 23, 1998.

Thomas Voltaggio,

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 adding paragraph (c) to read as

follows:

Sec. 52.474 1990 Base Year Emission Inventory.

* * * * *

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

Implementation Plan an amendment to the 1990 base year emission

inventories for the District's portion of the Metropolitan Washington,

D.C. ozone nonattainment area submitted by the Director, Department of

Consumer and Regulatory Affairs, on November 3, 1997. This submittal

consists of amendments to the 1990 base year point, area, highway

mobile, and non-road source emission inventories in the area for the

following pollutants: volatile organic compounds (VOC), and oxides of

nitrogen (NOX).

Subpart V--Maryland

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

follows:

Sec. 52.1075 1990 Base Year Emission Inventory.

* * * * *

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

Plan an amendment to the 1990 base year emission inventories for the

Maryland portion of the Metropolitan Washington DC ozone nonattainment

area submitted by the Secretary of Maryland of the Department

Environment on December 24, 1997. This submittal consists of amendments

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

source emission inventories in the area for the following pollutants:

Volatile organic compounds (VOC), and oxides of nitrogen

(NOX).

Subpart VV--Virginia

4. Section 52.2425 is amended by adding paragraph (d) to read as

follows:

Sec. 52.2425 1990 Base Year Emission Inventory.

* * * * *

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

Plan amendments to the 1990 base year emission inventories for the

Northern Virginia ozone nonattainment area submitted by the Director,

Virginia Department Environmental Quality, on December 17, 1997. This

submittal consists of amendments to the 1990 base year point, area,

non-road mobile, and on-road mobile source emission inventories for the

following pollutants: volatile organic compounds (VOC), and oxides of

nitrogen (NOX).

[FR Doc. 98-17971 Filed 7-7-98; 8:45 am]

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