[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Rules and Regulations]
[Pages 51351-51354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24461]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 141; NJ21-1-7065a, FRL-5306-6]


Approval and Promulgation of Implementation Plans; The 1990 Base 
Year Ozone Emissions Inventory for New Jersey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the New Jersey State 
Implementation Plan (SIP) pertaining to the 1990 base year ozone 
precursor emission inventory. The inventories were submitted by New 
Jersey as part of New Jersey's plan to attain the national ambient air 
quality standard (NAAQS) for ozone in the Atlantic City, New York/
Northern New Jersey/Long Island, Philadelphia/Wilmington/ Trenton, and 
Allentown/Bethlehem/Easton areas of New Jersey.

DATES: This final rule is effective on December 1, 1995, unless adverse 
or critical comments are received by November 1, 1995. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

ADDRESSES: All comments should be addressed to: William S. Baker, 
Chief, Air Programs Branch, Environmental Protection Agency, Region II 
Office, 290 Broadway 20th Floor, New York, New York, 10007-1866.
    Copies of the State submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Air Programs Branch, 
290 Broadway 20th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air 
Quality Management, Bureau of Air Quality Planning, 401 East State 
Street, CN418, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and 
Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Demian Ellis, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway 20th Floor, New York, New 
York 10007-1866, (212) 637-4249.

SUPPLEMENTARY INFORMATION:

Background

    Under the Clean Air Act Amendments of 1990 (the Act), states have 
the responsibility to inventory emissions contributing to National 
Ambient Air Quality Standard (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 Act requires ozone nonattainment areas designated as marginal, 
moderate, serious, severe, and extreme to submit a SIP revision within 
three years of 1990 which contains a comprehensive, current, and 
accurate emission inventory. 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,'' U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina, March 1991. The base year inventory may also serve as part of 
statewide inventories for purposes of regional modeling in transport 
areas. 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 Act. 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 interpretation 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 action and the 
supporting rationale. In today's rulemaking on the New Jersey ozone 
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, current, and accurate 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 volatile organic compound (VOC), nitrogen oxides (NOX), 
and carbon monoxide (CO). The inventory is to address actual VOC, 
NOX, and CO emissions for the area during 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).

Today's Rulemaking

    Section 110(k) of the Act sets out provisions governing EPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section 182(a)(1) (see 57 FR 13565-66, 
April 16, 1992). EPA is approving the 1990 base year ozone emission 
inventory submitted to EPA for the Atlantic City, New York/Northern New 
Jersey/Long Island, Philadelphia/Wilmington, Trenton, and Allentown/
Bethlehem/Easton nonattainment areas, based upon the review procedures 
outlined in the next section.

A. Criteria for Approval

    There are general and specific components of an acceptable emission 
inventory. In general, the emission inventory must meet certain minimum 
requirements for reporting each source category. Specifically, the 
source requirements are detailed below.
    A Level I and II review process, which is described in supporting 
documentation, is used to determine that all components of the base 
year inventory are present. This review also evaluates the level of 
supporting 

[[Page 51352]]
documentation provided by the state, assesses whether the emissions 
were developed according to current EPA guidance, and evaluates the 
quality of the data.
    The level III review process is outlined here and consists of 10 
points that the inventory must include. For a base year emission 
inventory to be acceptable it must pass all of the following acceptance 
criteria:
     Was there an approved Inventory Preparation Plan (IPP)? 
Was the QA program contained in the IPP implemented and was its 
implementation documented?
     Was documentation adequate to enable the reviewer to 
determine the emission estimation procedures and the data sources used 
to develop the inventory?
     Is the point source inventory complete?
     Were point source emissions prepared/calculated according 
to current EPA guidance?
     Is the area source inventory complete?
     Were the area source emissions prepared/calculated 
according to current EPA guidance?
     Were biogenic emissions prepared/calculated using PC-BEIS 
according to current EPA guidance?
     Was the method (e.g., Highway Performance Monitoring 
System (HPMS), network transportation planning model) used to develop 
Vehicles Miles Traveled (VMT) estimates in accordance with EPA 
guidance, and was it adequately described and documented in the 
inventory report?
     Was the MOBILE 4.1 vehicle emissions model correctly used 
to produce emission factors for each of the eight MOBILE 4.1 vehicle 
classes?
     Were the emission estimates for non-road source categories 
correctly prepared according to current EPA guidance?
    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,'' U.S. 
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.

B. Procedural Background

    The Act requires states to observe certain procedural requirements 
in developing emission inventory submissions to 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.1 Final 
approval of the inventory will not occur until the state revises the 
inventory to address public comments. EPA created a ``de minimis'' 
exception to the public hearing requirement for minor changes. 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 states 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. 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.

    \1\ Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
Section 110(a)(2).
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C. State Submittal

    The State of New Jersey held a public hearing on October 14 and 19, 
1993 to receive public comment on the 1990 base year emission inventory 
for the Atlantic City, New York/Northern New Jersey/Long Island, 
Philadelphia/Wilmington/Trenton, and Allentown/Bethlehem/Easton 
nonattainment areas of New Jersey. The inventory was adopted by the 
State and signed and submitted by the Commissioner on November 15, 1993 
as a proposed revision to the SIP. On November 21, 1994, New Jersey 
submitted a technical amendment to its carbon monoxide SIP, which 
included revisions to the 1990 base year ozone emission inventory. In a 
letter dated April 16, 1994, EPA found the emission inventory to be 
complete.
    Based on EPA's level III review findings, New Jersey has satisfied 
all of EPA's requirements for purposes of providing a comprehensive, 
accurate, and current inventory of actual emissions in the ozone 
nonattainment areas. A summary of EPA's level III findings is given 
below:
     New Jersey submitted an Inventory Preparation Plan for the 
Development of Ozone/CO SIP Inventory of Base Year 1990 Emissions, 
dated August 1991 and revised April 1992. This Plan contained a Quality 
Assurance Plan which was implemented and documented.
     The inventory is well documented. New Jersey provided 
documentation detailing the methods used to develop emissions estimates 
for each category. In addition, New Jersey identified the sources of 
data used in developing the inventory.
     The point and area source inventories are complete and 
were prepared/calculated in accordance with EPA guidance.
     New Jersey biogenic emissions were prepared/calculated 
using the July, 1991 version of PC-BEIS according to current EPA 
guidance.
     The method used to develop VMT estimates was in accordance 
with EPA guidance and was adequately described and documented in the 
inventory report.
     The most current version of the mobile model was used 
correctly for each of the eight vehicle classes.
     Emission estimates for the non-road mobile source 
categories were correctly prepared according to EPA guidance.
    Based on EPA guidance, the inventory is complete and approvable. A 
more detailed discussion of how the emission inventory was reviewed and 
the results are presented in the supporting TSD.
    A summary of the emission inventories broken down by point, area, 
biogenic, on-road, and non-road mobile sources are presented in the 
following tables:

                                                                        

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        New York/Northern New Jersey/Long Island Ozone Nonattainment Area (New Jersey Portion) Emissions        
                                                   [Tons/day]                                                   
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                                                                       On-road    Non-road                      
                                                   Area      Point      mobile     mobile                Total  
                   Pollutant                      source     source     source     source   Biogenics  emissions
                                                emissions  emissions  emissions  emissions                      
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VOC...........................................       294        238        341        136        210      1,219 
NOX...........................................        53        451        397        140        N/A      1,041 
CO............................................        41         73       2162        974        N/A      3,250 
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                    Atlantic City MSA Ozone Nonattainment Area (New Jersey Portion) Emissions                   
                                                   [Tons/day]                                                   
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                                                                       On-road    Non-road                      
                                                   Area      Point      mobile     mobile   Biogenics    Total  
                   Pollutant                      source     source     source     source   emissions  emissions
                                                emissions  emissions  emissions  emissions                      
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VOC...........................................        17          1         23         11         54        106 
NOX...........................................         2         62         29         13        N/A        106 
CO............................................         4          3        148         67        N/A        222 
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                 Allentown/Bethlehem MSA Ozone Nonattainment Area (New Jersey Portion) Emissions                
                                                   [Tons/day]                                                   
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                                                                       On-road    Non-road                      
                                                   Area      Point      mobile     mobile   Biogenics    Total  
                   Pollutant                      source     source     source     source   emissions  emissions
                                                emissions  emissions  emissions  emissions                      
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VOC...........................................         6          3          7          4         24         44 
NOX...........................................         1         11         10          2        N/A         24 
CO............................................         1          1         45         18        N/A         65 
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          Philadelphia/Wilmington/Trenton CMSA Ozone Nonattainment Area (New Jersey Portion) Emissions          
                                                   [Tons/day]                                                   
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                                                                       On-road    Non-road                      
                                                   Area      Point      mobile     mobile   Biogenics    Total  
                   Pollutant                      source     source     source     source   emissions  emissions
                                                emissions  emissions  emissions  emissions                      
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VOC...........................................       100        112        108         46        203        569 
NOx...........................................        12        308        132         40        N/A        492 
CO............................................        15         55        701        314        N/A      1,085 
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Conclusion

    EPA is fully approving the SIP ozone precursor emission inventory 
submitted to EPA by the State of New Jersey on November 15, 1993 and 
amended on November 21, 1994. The State has submitted a complete 
inventory containing point, area, biogenic, on-road, and non-road 
mobile source data, and adequate documentation.
    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 and in relation to relevant statutory and 
regulatory requirements.
    EPA is publishing this rule without prior proposal because EPA 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. Thus, this direct final action 
will be effective December 1, 1995, unless, by November 1, 1995, 
adverse or critical comments are received.
    If the EPA receives such comments, this rule will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this 

[[Page 51354]]
rule should do so at this time. If no adverse comments are received, 
the public is advised that this rule will be effective in 60 days. (See 
47 FR 27073 and 59 FR 24059).
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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 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 any small entities affected. Moveover, 
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 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976); 
42 U.S.C. Sec. 7410(a)(2).
    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a federal mandate that may result in 
estimated annual costs of $100 million or more to the private sector, 
or to state, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the state and any affected local or tribal governments have 
elected to adopt the program provided for under sections 110 and 182 of 
the Clean Air Act. These rules may bind state, local and tribal 
governments to perform certain actions and also require the private 
sector to perform certain duties. To the extent that the rules being 
approved by this action would impose any mandate upon the state, local 
or tribal governments either as the owner or operator of a source or as 
a regulator, or would impose any mandate upon the private sector, EPA's 
action will impose no new requirements; such sources are already 
subject to these regulations under state law. Accordingly, no 
additional costs to state, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this direct final action does not include a mandate that may result in 
estimated annual costs of $100 million or more to state, local, or 
tribal governments in the aggregate or to the private sector.
    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.
    Under section 307(b)(l) of the Act, petitions for judicial review 
of this rule must be filed in the United States Court of Appeals for 
the appropriate circuit within 60 days from date of publication. Filing 
a petition for reconsideration by the Administrator of this final 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 rule may not be challenged later in proceedings to 
enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: September 18, 1995.
William J. Muszynski,
Deputy 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. 7401-7671q.

Subpart FF--New Jersey

    2. Section 52.1582 is amended by adding paragraph (d) to read as 
follows:


Sec. 52.1582  Control strategy and regulations: Ozone (volatile organic 
substances) and carbon monoxide.

* * * * *
    (d) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the Atlantic City, New York/ Northern New Jersey/Long 
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/
Easton areas of New Jersey. The inventory was submitted on November 15, 
1993 and amended on November 21, 1994 by the New Jersey Department of 
Environmental Protection as a revision to the ozone State 
Implementation Plan (SIP).

[FR Doc. 95-24461 Filed 9-29-95; 8:45 am]
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