[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21895]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TX-24-1-5942; FRL-5065-6]

 

Approval and Promulgation of Implementation Plan: Texas 1990 Base 
Year Ozone Emissions Inventories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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SUMMARY: The EPA today proposes full approval of the 1990 base year 
ozone emission inventories submitted by Texas for the purpose of 
bringing about the attainment of the national ambient air quality 
standard (NAAQS) for ozone. The inventories were submitted by the State 
to satisfy certain Federal requirements for an approvable nonattainment 
area ozone State Implementation Plan (SIP) for the Houston/Galveston, 
Beaumont/Port Arthur, El Paso, and Dallas/Fort Worth areas of Texas.

DATES: Comments on this proposed action must be received in writing by 
October 6, 1994. Comments should be addressed to the contact indicated 
below.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Planning Section, at the EPA Regional Office 
listed below. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air Quality, 
Emissions Inventory Branch, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Herbert R. Sherrow, Jr., Planning 
Section (6T-AP), Air Programs Branch, USEPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, telephone (214) 665-7237.

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 require ozone nonattainment areas 
designated as moderate, serious, severe, and extreme to submit a plan 
within three years of 1990 to reduce volatile organic compounds (VOC) 
emissions by 15 percent within six years after 1990. 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 percent. The 1990 base year emissions inventory is the 
primary inventory from which the periodic inventory, the Reasonable 
Further Progress 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,'' U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina, March 1991. The base year inventory plays an important role 
in modeling demonstrations for areas classified as moderate and above 
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 the EPA's 
preliminary views on how the EPA intends to review SIP revisions 
submitted under title I, 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 the EPA is describing its 
interpretations here only in broad terms, the reader should refer to 
the General Preamble (57 FR 18070, Appendix B, April 28, 1992) 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 Texas ozone base year emissions inventories, the EPA is 
proposing to apply its interpretations taking into consideration the 
specific factual issues presented. Thus, the EPA will consider any 
comments submitted within the comment period before taking final action 
on today's proposal.
    Those States containing ozone nonattainment areas classified as 
marginal to extreme are required under section 182(a)(1) of the 1990 
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 base year inventory. It includes both anthropogenic and biogenic 
sources of VOC, nitrogen oxides (NOx), and carbon monoxide (CO). 
The inventory is to address actual VOC, NOx, and CO emissions for 
the area during a 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).
    Emission inventories are first reviewed under the completeness 
criteria established under section 110(k)(1) of the CAAA (56 FR 42216, 
August 26, 1991). According to section 110(k)(1)(C), if a submittal 
does not meet the completeness criteria, ``the State shall be treated 
as not having made the submission.'' Under sections 179(a)(1) and 
110(c)(1), a finding by the EPA that a submittal is incomplete is one 
of the actions that initiates the sanctions and Federal Implementation 
Plan processes (see David Mobley memorandum, November 12, 1992).1
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    \1\Memorandum from J. David Mobley, Chief, Emission Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States' 
Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.
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Analysis of State Submission

1. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to the EPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public 
hearing.2 Final approval of the inventory will not occur until the 
State revises the inventory to address public comments. Changes to the 
inventory that impact the 15 percent reduction calculation and require 
a revised control strategy will constitute a SIP revision. The EPA 
created a ``de minimis'' exception to the public hearing requirement 
for minor changes. The EPA defines ``de minimis'' for such purposes to 
be those in which the 15 percent reduction calculation and the 
associated control strategy or the maintenance plan showing do not 
change. States will aggregate all such ``de minimis'' changes together 
when making the determination as to whether the change constitutes a 
SIP revision. The State will need to make the change through a formal 
SIP revision process, in conjunction with the change to the control 
measure or other SIP programs.3 Section 110(a)(2) of the Act 
similarly provides that each revision to an implementation plan 
submitted by a State under the Act must be adopted by such State after 
reasonable notice and public hearing.
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    \2\Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \3\Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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    The State of Texas submitted the 1990 base year inventories for 
Houston/Galveston (HGA), Beaumont/Port Arthur (BPA), El Paso (ELP), and 
Dallas/Fort Worth (DFW) on November 17, 1992, as a SIP revision by 
cover letter from the Governor. The inventories were reviewed by the 
EPA to determine completeness shortly after their submittal, in 
accordance with the completeness criteria set out at 40 CFR part 51, 
appendix V (1991), as amended by 57 FR 42216 (August 26, 1991). The 
submittal was found to be complete, and a letter dated January 15, 
1993, was forwarded to the Governor indicating the completeness of the 
submittal and the next steps to be taken in the review process.
    The State of Texas subsequently held public hearings to entertain 
public comment on the 1990 base year emission inventories. The hearing 
for the HGA area was held on August 5, 1993, in Houston, Texas. The 
hearing for the BPA area was held on August 6, 1993, in Beaumont, 
Texas. The hearing for the ElP area was held on August 4, 1993, in El 
Paso, Texas; and the hearing for the DFW area was held on August 7, 
1993, in Arlington, Texas. The State provided evidence to EPA Region 6 
that the public hearings were held and that the State responded to 
comments. The inventories were approved by the Texas Air Control Board 
(TACB) on November 10, 1993.
    On September 1, 1993, the TACB merged with the Texas Water 
Commission to form the Texas Natural Resource Conservation (TNRCC), and 
is now called the Office of Air Quality within the TNRCC. The merger 
did not abrogate, void, or rescind any rules, regulations, orders, 
permits, or any other action previously taken by the former TACB.

2. Emission Inventory Review

    Section 110(k) of the Act sets out provisions governing the EPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section 182(a)(1) (see 57 FR 13565-13566, 
April 16, 1992). The EPA is proposing to grant approval of the Texas 
ozone base year emissions inventories based on the Level I, II, and III 
review findings. This section outlines the review procedures performed 
to determine if the base year emission inventory is acceptable or is 
disapproved.
    Today's action describes the review procedures associated with 
determining the acceptability of a 1990 base year emission inventory, 
and discusses the levels of acceptance that can result from the 
findings of the review process.
A. The Following Discussion Reviews the State Base Year SIP Inventory 
Approval Requirements
    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 Level III review process outlined below consists of 10 points 
that the inventory must include. For a base year emission inventory to 
be acceptable, it must pass all of the following acceptance criteria:
    1. An approved Inventory Preparation Plan (IPP) was provided, and 
the Quality Assurance (QA) program contained in the IPP was performed 
and its implementation documented.
    2. Adequate documentation was provided that enabled the reviewer to 
determine the emission estimation procedures and the data sources used 
to develop the inventory.
    3. The point source inventory must be complete.
    4. Point source emissions must have been prepared or calculated 
according to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must have been prepared or calculated 
according to the current EPA guidance.
    7. Biogenic emissions must have been prepared according to current 
EPA guidance or another approved technique.
    8. The method (e.g., Highway Performance Monitoring System or a 
network transportation planning model) used to develop vehicle miles 
travelled (VMT) estimates must follow EPA guidance, which is detailed 
in the document, ``Procedures for Emission Inventory Preparation, 
Volume IV: Mobile Sources'', 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 were adequately 
described and documented in the inventory report.
    9. The MOBILE model (or EMFAC model for California only) was 
correctly used to produce emission factors for each of the vehicle 
classes.
    10. Nonroad mobile emissions were prepared according to current EPA 
guidance for all of the source categories.
    The base year emission inventory will be approved 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'', U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina, 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, 1992,4 and revised in 
a memorandum from John Seitz to the Regional Air Directors dated June 
24, 1993.5
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    \4\Memorandum from J. David Mobley, Chief, Emissions Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992.
    \5\Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, to Regional Air Division Directors, 
Region I-X, ``Emission Inventory Issues,'' June 24, 1993.
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B. The Following is a Summary of the Review of the Texas 1990 Base Year 
Submittal.
    The TACB submitted the HGA, BPA, ELP, and DFW inventories on 
November 17, 1992. EPA Region 6, EPA's Office of Air Quality Planning 
and Standards Emissions Inventory Branch, EPA's Office of Mobile 
Sources (OMS), and contractor's reviewed the inventories. Comments were 
sent to the TACB, and the TACB responded with a resubmittal. The 
resubmittal underwent a second review. The review directive comments 
were given to Texas and discussed during an on-site visit to Austin, 
Texas, on September 2, 1993.
    Texas addressed the final directive comments and the OMS comments 
and submitted revised submittal documentation to Region 6 on October 
25, 1993, along with documents responding to the directive comments and 
the OMS comments. Region 6 compared the Texas responses with the 
deficiencies noted in the final directive review and OMS comments and 
concluded that Texas had adequately addressed the remaining 
deficiencies so that Region 6 could verify that Texas had satisfied the 
Level III criteria for the HGA, BPA, ELP, and DFW ozone nonattainment 
areas.
    Based on Region 6's Level III review, Texas has satisfied all of 
the EPA's requirements for purposes of providing a comprehensive, 
accurate, and current inventory of actual emissions in the ozone 
nonattainment areas. A summary of Region 6's Level III review is given 
below:
    1. The IPP and QA plan were submitted and approved. The QA plan was 
implemented and documented in the submission.
    2. The documentation was adequate for the reviewer to determine the 
estimation procedures and data sources used to develop the inventory 
for all emission types.
    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 emissions were calculated using the EPA PC-BEIS 
model.
    8. The method used to develop VMT estimates was adequately 
described and documented.
    9. The MOBILE model was used correctly.
    10. The nonroad mobile emission estimates were correctly prepared 
according to current EPA guidance.
    Documentation of the Region 6 evaluation, including details of the 
review procedure, is contained in a memorandum (Attachment A) in the 
Technical Support Document (TSD). A general summary of the inventories 
is contained in Attachment B of the TSD.

Proposed Action

    The EPA is proposing to fully approve the SIP 1990 base year ozone 
emission inventories submitted to the EPA for the Houston/Galveston, 
Beaumont/Port Arthur, El Paso, and Dallas/Fort Worth areas on November 
17, 1993, as meeting the requirements of section 182(a)(1) of the Act.
    The State has submitted complete inventories containing point, 
area, biogenic, on-road, and non-road mobile source data, and 
accompanying documentation. Emissions from these sources are presented 
in the following tables: 

                                                       VOC                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                                     Non-road                                   
                   Point source     Area source   On-road mobile      mobile         Biogenic          Total    
                     emissions       emissions       emissions       emissions                       emissions  
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HGA.............          480.34          229.01          251.72          195.11          335.47         1491.65
BPA.............          245.60           32.48           31.61           32.47           91.95          434.11
ELP.............           11.88           27.43           39.00           11.88           12.62          102.81
DFW.............           66.64          174.25          306.60           97.44          126.09          771.02
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                                                       NOX                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                                     Non-road                                   
      NAA          Point source     Area source   On-road mobile      mobile         Biogenic          Total    
                    emissions       emissions       emissions       emissions                        emissions  
----------------------------------------------------------------------------------------------------------------
HGA.............          780.65           14.37          337.03          236.92              NA         1368.97
BPA.............          221.01            1.44           41.09           60.72              NA          324.26
ELP.............           33.43            2.43           36.90           15.02              NA           87.78
DFW.............          108.86           19.99          293.03          166.05              NA         587.93 
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                                                       CO                                                       
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
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                                                                     Non-road                                   
      NAA          Point source     Area source   On-road mobile      mobile         Biogenic          Total    
                    emissions       emissions       emissions       emissions                        emissions  
----------------------------------------------------------------------------------------------------------------
HGA.............          334.38           28.03         2412.68         1269.55              NA         4044.64
BPA.............          117.16           16.08          282.69          162.64              NA          578.57
LP..............            7.41            2.64          327.10          112.01              NA          449.16
DFW.............           13.33            4.47         2837.88         1116.99              NA         3972.67
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    These inventories are complete and approvable according to the 
criteria set out in the November 12, 1992, memorandum from J. David 
Mobley, Chief Emission Inventory Branch, TSD and G. T. Helms, Chief 
Ozone/Carbon Monoxide Programs Branch, Air Quality Management Division.
    The EPA has reviewed this request for revision of the Federally-
approved SIP for conformance with the provisions of the 1990 CAAA of 
November 15, 1990. The EPA has determined that this action conforms 
with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, in relation to relevant statutory and regulatory 
requirements.

Request for Public Comments

    The EPA is requesting comments on all aspects of today's proposal. 
As indicated at the outset of this document, the EPA will consider any 
comments received by October 6, 1994.

Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
CAA forbids the EPA to base its actions concerning SIPs on such 
grounds. (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. 
Ct. 1976); 42 U.S.C. 7410 (a)(2)).

Executive Order 12866

    This action has been classified as a Table Two 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. The Office of Management and 
Budget has exempted this regulatory action from Executive Order 12866 
review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Reporting 
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 23, 1994.
W.B. Hathaway,
Acting Regional Administrator.
[FR Doc. 94-21895 Filed 9-2-94; 8:45 am]
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