[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17431]


[[Page Unknown]]

[Federal Register: July 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN43-1-6393A; FRL-5014-1]

 

Approval and Promulgation of Implementation Plan; Indiana

AGENCY: United States Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
approves Indiana's 1990 base year ozone precursor emissions inventory 
for Lake and Porter Counties as a revision to the Indiana ozone State 
Implementation Plan (SIP). The emissions inventory was submitted by the 
State of Indiana to satisfy a Federal requirement that States 
containing ozone nonattainment areas submit inventories of actual ozone 
precursor emissions. In the proposed rules section of this Federal 
Register, USEPA is proposing approval of and soliciting public comment 
on this requested SIP revision. If adverse comments are received on 
this direct final rule, USEPA will withdraw this final rule and address 
the comments received in response to this final rule in a final rule on 
the related proposed rule which is being published in the proposed 
rules section of this Federal Register.

EFFECTIVE DATE: This action will be effective September 19, 1994, 
unless notice is received by August 18, 1994, that someone wishes to 
submit adverse comments. If the effective date of this action is 
delayed due to adverse comments, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be sent to J. Elmer Bortzer, Chief, 
Regulation Development Section (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies of 
Indiana's emission inventory submittals and USEPA's technical support 
documents are available for public review during normal business hours, 
between 8:00 a.m. and 4:30 p.m., at the above address.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development 
Section (AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604. Telephone: (312) 886-6057.

SUPPLEMENTARY INFORMATION:

I. Emission Inventory Policy and Guidelines

    Under the Clean Air Act (Act), as amended in 1990, States have the 
responsibility to inventory emissions contributing to the violation of 
a National Ambient Air Quality Standard (NAAQS), to track these 
emissions over time, and to ensure that control strategies are being 
implemented that reduce emissions and move areas towards attainment of 
the NAAQS. States containing ozone nonattainment areas are required, 
under section 182(a)(1) of the Act, to submit by November 15, 1992, a 
comprehensive, accurate, and current inventory of actual ozone 
precursor emissions (emissions of Volatile Organic Compounds [VOC], 
Oxides of Nitrogen [NOX], and Carbon Monoxide [CO]) for each ozone 
nonattainment area. This inventory must include base year (1990) 
emissions from point, area, on-road mobile, and non-road mobile 
anthropogenic (man-made) sources and biogenic (natural or plant 
generated) sources in the ozone nonattainment area(s) and the ozone 
precursor emissions from major stationary sources (with VOC, CO, or 
NOX emissions equal to or exceeding 100 tons per year) located 
within 25 miles of the nonattainment area(s). The emissions inventory 
must be established for the peak ozone season (those months when peak 
hourly ozone concentrations occur in excess of the primary ozone 
National Ambient Air Quality Standard [NAAQS], generally June through 
August in Indiana) and must represent typical weekday emissions. 
Available guidance for preparing and reviewing the emission inventories 
is provided in the General Preamble to Title I of the Act. See 57 FR 
13498 (April 16, 1992). Additional guidance is identified in the 
Technical Support Document (TSD) for this rulemaking.
    The Act also requires States with ozone nonattainment areas 
designated as moderate, serious, severe, or extreme to submit a plan by 
November 15, 1993, to reduce VOC emissions by 15 percent by November 
15, 1996. The baseline level of emissions, from which the 15 percent 
reduction is calculated, is determined by adjusting the base year 
emissions inventory to exclude biogenic emissions and certain emission 
reductions not creditable toward the 15 percent Reasonable Further 
Progress (RFP) requirement. The 1990 base year emissions inventory is 
the primary emissions inventory from which the RFP projection 
inventory, future periodic inventories, and attainment demonstration 
modeling inventories are derived. Further information on these 
inventories and their purposes can be found in the ``Emission Inventory 
Requirements for Ozone State Implementation Plans,'' U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina, March 1991.
    As a primary tool for the review of the quality of emission 
inventory submittals, the USEPA has developed three levels (I, II, and 
III) of emission inventory quality assurance review checklists. The 
Level I and II reviews are used to determine that all required 
components of the base year emission inventory and its associated 
documentation are present. These reviews also evaluate the level of 
quality of the supporting documentation and data provided by the State 
and assess whether the emission estimates were developed according to 
current USEPA guidance. The Level III review evaluates 10 crucial 
aspects and the overall acceptability of the emission inventory 
submittal. Failure to meet one of these crucial aspects would lead to 
disapproval of the emission inventory submittal. The 10 crucial 
requirements of the emission inventory submittal are:
    1. An Inventory Preparation Plan (IPP) must be submitted by the 
State and approved by the USEPA. In addition, a Quality Assurance (QA) 
plan contained within the IPP must have been implemented and 
documented.
    2. The emission inventory submittal must contain adequate 
documentation showing the procedures and input data used and the input 
data sources.
    3. The point source portion of the inventory must be complete.
    4. The point source emissions must have been prepared or calculated 
in accordance with current USEPA guidance.
    5. The area source portion of the inventory must be complete.
    6. The area source emissions must have been calculated in 
accordance with current USEPA policy.
    7. The biogenic emissions must have been calculated using USEPA's 
PC-Biogenic Emissions Inventory System (PC-BEIS) or other equivalent 
techniques in accordance with current USEPA guidance.
    8. The Vehicle Miles Travelled (VMT) estimates used in the 
calculation of on-road mobile source emissions must have been developed 
in accordance with USEPA guidance and must have been adequately 
documented in the inventory submittal.
    9. The MOBILE emission factor model must have been correctly 
applied to produce emission factors for each of the vehicle classes.
    10. Non-road mobile source emissions must have been prepared in 
accordance with current USEPA guidance for all of the non-road source 
categories.

The base year emission inventory may be approved if it passes the Level 
I, II, and III reviews. Detailed Level I and II review procedures and 
questions can be found in the ``Quality Review Guidelines for 1990 Base 
Year Emission Inventories,'' U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
North Carolina, July 27, 1992. Level III review procedures and criteria 
are specified in a memorandum from David Mobley, Emission Inventory 
Branch, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, to the Chief of the Regulation 
Development Branch, Region V, et al., titled ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992.
    The Act requires States to observe certain procedural requirements 
in developing and submitting SIP revisions, including the base year 
emissions inventory submittal. Section 110(a)(2) of the Act provides 
that each SIP revision submitted by a State must be adopted after 
reasonable notice and public hearing. Final approval of the emissions 
inventory will not occur until the State revises the emissions 
inventory to address public comments. Future changes to the base year 
inventory (due to previously missed sources or to corrected source 
emission factors or activity levels) that impact the 15 percent RFP 
calculations or demonstration of attainment and that require a revised 
emission control strategy will be required to be addressed in a SIP 
revision.

II. Indiana's Emission Inventory Submittals

    On January 15, 1994, the Indiana Department of Environmental 
Management (IDEM) submitted the final, adopted base year ozone 
precursor emissions inventory for Lake and Porter Counties. The 
emissions inventory submittal covers the emissions of VOC, NOX, 
and CO for this ozone nonattainment area. In addition to emissions from 
the ozone nonattainment area, the submittals also cover VOC, NOX, 
and CO emissions from major stationary sources (with actual emissions 
for any of the covered pollutants equal to or in excess of 100 tons per 
year) in all counties located within 25 miles of the ozone 
nonattainment area.
    Prior to developing the base year emission inventories, the State 
of Indiana developed an IPP as required by the USEPA. This IPP was 
approved by the USEPA in March 1992.
    Emissions contained in the emissions inventory cover the general 
source categories of point sources, area sources, on-road mobile 
sources, off-road mobile sources, and biogenic sources. Emission 
inventory summary tables in the submittal include a more detailed 
source category breakdown as requested by the USEPA. All emission 
summaries were accompanied by documentation covering the sources and 
values of input data and by sample calculations.
    To determine up-to-date point source emissions, the State sent 
emission inventory questionnaires to all facilities contained in the 
State's Aerometric Information Retrieval System (AIRS) and to all 
sources in the subject area which hold an air emissions permit issued 
by the State. The questionnaires contained all key data fields 
necessary to calculate typical summer weekday emissions. To assure full 
coverage of emitting point sources, the State also consulted other data 
sources, such as manufacturer's listings, newly issued construction 
permits, and other databases, including Superfund Amendments and 
Reauthorization Act (SARA) Title III, section 313 summaries, and the 
Toxic Release Inventory.
    The point source portion of the emissions inventory includes 
detailed facility-specific emission listings with emissions determined 
at the segment level and at the facility total level. Point source 
emissions at these source levels were listed for all facilities in the 
ozone nonattainment area with emissions of VOC or NOX equal to or 
greater than 10 tons per year or with emissions of CO equal to or 
greater than 100 tons per year (facilities with less emissions were 
also included in the point source portion of the emissions inventory). 
Exceedance of the emission cutoff for VOC, NOX, or CO resulted in 
the reporting of all VOC, NOX, and CO emissions for a given 
facility. Point source emissions were calculated using emission factors 
contained in AIRS or using techniques outlined in the approved IPP. 
Emission factors used were generally obtained from the AIRS Facility 
Subsystem (AFS), AP-42 Compilation of Air Pollution Emission Factors, 
National Acid Precipitation Assessment Program emission inventory, 
direct stack test data, or other USEPA guidelines. The point source 
listings included with emission inventory submittals (on file at the 
Region 5 office) identify the emission factors, source activity levels 
or throughputs, operating schedules, control equipment efficiencies, 
and rule effectiveness estimates used for each facility and facility 
segment.
    Area source emissions were calculated using a variety of 
information sources and guidance from the USEPA. Where appropriate, 
point source emissions have been subtracted from the calculated area 
source emissions to account for source coverage overlap and to avoid 
double counting of emissions in the emission totals. For all 
appropriate source categories, the State assumed a rule effectiveness 
level of 80 percent.
    In preparing the area source emissions, the State used the 
following USEPA guidance documents: Procedures for the Preparation of 
Emission Inventories for Carbon Monoxide and Precursors of Ozone, 
Volumes I and II, EPA-450/4-91-016 and EPA-450/4-91-014, May 1991; and 
Procedures for Emission Inventory Preparation, Volume IV: Mobile 
Sources, EPA-450/4-81-026d, revised in July 1989. The new Volume IV 
guidance, issued in the Spring of 1992, was used to estimate railroad 
and aircraft emissions. Estimates of other off-road mobile source 
emissions were based on USEPA's 1991 off-road mobile source emission 
study. In making other area source estimates, the State followed the 
approved IPP.
    The State has entered the calculated area source emission estimates 
into USEPA's AIRS Area and Mobile Source System (AIRS/AMS). The data 
are well documented in both hardcopy and in computer data files 
submitted with the emission inventory submittals as additional 
documentation.
    On-road mobile source emissions were calculated using USEPA's 
Procedures for Emission Inventory Preparation, Volume IV: Mobile 
Sources (as revised in 1989) and USEPA's MOBILE5A model. Daily Vehicle 
Miles Travelled (VMT) and speed data by county and roadway type were 
obtained from the Indiana Department of Transportation (InDOT), who 
used the Highway Performance Monitoring System (HPMS) to determine VMT 
by roadway functional class. The VMT provided by InDOT were annual 
average daily traffic levels. Insufficient data existed to allow the 
VMT to be adjusted to the summer months and the day of week levels. To 
QA the VMT estimates, the local Metropolitan Planning Organization 
(MPO) was requested to confirm the VMT estimates or to correct them if 
needed based on more representative data. The VMT were quality assured 
through comparison with current roadway traffic counts.
    The MPO recommended vehicle speeds based on the use of local 
transportation models. The estimated speeds were used in conjunction 
with USEPA-recommended defaults for vehicle mixtures to determine 
emission rates for each roadway type. Fuel volatility was assumed to 
comply with USEPA requirements for the area. The ambient temperature 
used in the mobile source emissions modeling was derived from the 
average maximum and minimum temperatures on the ten highest ozone days 
for the period of 1988 through 1990 using an approach recommended by 
the USEPA. The emission factors determined using MOBILE5A were combined 
with the total VMT for each functional roadway class to determine the 
total mobile source emissions for each county. All parameters used in 
the mobile source emissions modeling, including the parameters used by 
the MOBILE5A model, were well documented.
    The biogenic emissions for each of the counties were determined 
using USEPA's PC-BEIS model. Included in the documentation of the 
application of this model was a description of the methodology used to 
determine temperature inputs for the model. The temperature inputs were 
determined using the technique recommended by the USEPA. The 
applications of PC-BEIS also included the use of land use data supplied 
by the USEPA.
    The State of Indiana held public hearings on the emissions 
inventory on June 28, 1993, and July 6, 1993. Comments received during 
these public hearings were used to make appropriate corrections in the 
emissions inventory.
    The emissions in units of tons/day for an average day are 
summarized below:

                        Lake and Porter Counties                        
------------------------------------------------------------------------
                Source type                     VOC       CO       NOX  
------------------------------------------------------------------------
Point Sources...............................    79.23    709.32   302.94
Area Sources................................    41.91      5.14     5.60
On-Road Mobile Sources......................   134.54    771.28    83.10
Off-Road Mobile Sources.....................    11.68     78.16    27.94
Biogenic Sources............................    21.44  ........  .......
                                             ---------------------------
    Totals..................................   288.80  1,563.90  419.58 
------------------------------------------------------------------------

III. Final Rulemaking Action

    The USEPA has conducted Level I, II, and III quality assurance 
reviews of the emission inventory submittals and has concluded that the 
State of Indiana has met the requirements of section 182(a)(1) of the 
Act by submitting an ozone precursor emissions inventory that include 
comprehensive, accurate, and current actual emissions from all 
identified sources in the subject ozone nonattainment area. In 
particular, the Indiana submittals meet the 10 crucial criteria 
contained in the Level III quality assurance review. The emissions 
inventory is, therefore, approved for incorporation in the SIP as 
satisfying the requirements of section 182(a)(1) of the Act.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. The action will become 
effective on September 19, 1994. However, if the USEPA receives adverse 
comments by August 18, 1994, then the USEPA will publish a notice that 
withdraws the action, and will address the comments received in 
response to this final rule in the final rule on the requested SIP 
revision which has been proposed for approval in the proposed rules 
section of this Federal Register. The comment period will not be 
extended or reopened.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the 
requirements of Section 3 of Executive Order 12291 for 2 years. The 
USEPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the temporary 
waiver until such time as it rules on USEPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993. The OMB has exempted this 
regulatory action from Executive Order 12866 review.
    Nothing in this section 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 any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA 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.
    The SIP approvals under section 110 and subchapter I, part D, of 
the 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, I certify 
that it does not have a significant impact on small entities. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids the USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 
(1976).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, and Volatile organic compounds.

    Dated: June 30, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7642.

Subpart P--Indiana

    2. Section 52.777 is amended by adding paragraph (g) to read as 
follows:


Sec. 52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (g) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for Lake and Porter Counties, Indiana.
* * * * *
[FR Doc. 94-17431 Filed 7-18-94; 8:45 am]
BILLING CODE 6560-50-P