[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Pages 1838-1841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-920]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE24-1-7156a; FRL-5401-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware Ozone Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Delaware State 
Implementation Plan (SIP) which pertains to the 1990 base year emission 
inventory for the marginal, moderate, and severe ozone nonattainment 
areas within the State. The ozone nonattainment areas consist of the 
counties of Sussex (marginal), New Castle and Kent (both severe). The 
SIP was submitted by the Delaware Department of Natural Resources and 
Environmental Control (DNREC) for the purpose of attaining the national 
ambient air quality standard (NAAQS) for ozone. This action is being 
taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This action will become effective March 25, 1996, 
unless notice is received on or before February 23, 1996, that adverse 
or critical comments will be submitted. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 
the Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460; Delaware 
Department of Natural Resources & Environmental Control, 89 Kings 
Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 597-3164, at EPA 
Region III address.

SUPPLEMENTARY INFORMATION: The Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted a revision to the Delaware 
SIP on May 27, 1994. The SIP revision consists of 1990 base year 
emission inventories for the ozone 

[[Page 1839]]
nonattainment areas within the State. In accordance with the 
requirements of 40 CFR 51.102, a public hearing concerning this SIP 
revision was held on May 3, 1994 in Dover, Delaware. No comments were 
received during the public hearing.

I. Background

    Under the Clean Air Act (CAA), 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 CAA requires ozone nonattainment areas designated as marginal, 
moderate, serious, severe, and extreme to submit a plan within two 
years of 1990 that 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 
CAA. 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 CAA, including requirements for the preparation of the 1990 
base year inventory [see 57 FR 13502; April 16, 1992 and 57 FR 18070; 
April 28, 1992]. Because EPA is describing its interpretations here 
only in broad terms, the reader should refer to the General Preamble 
for a more detailed discussion of the interpretations of Title I 
advanced in today's action and the supporting rationale. In today's 
rulemaking on the Delaware 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 CAA 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 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 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 CAA (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 EPA that a submittal is incomplete is one of the actions 
that initiates the sanctions and Federal Implementation Plan (FIP) 
processes (see David Mobley memorandum, November 12, 1992).

Criteria for Approval

    There are general and specific components of an acceptable emission 
inventory. In general, the state must meet the minimum requirements for 
reporting each source category. Specifically, the source requirements 
are detailed below.
    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, 
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 below 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:
    1. An approved Inventory Preparation Plan (IPP) was provided and 
the 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., HPMS or a network transportation planning 
model) used to develop VMT estimates must follow EPA guidance, which is 
detailed in the document, ``Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources'', 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. Non-road mobile emissions were prepared according to current 
EPA guidance for all of the source categories.
    The base year emission inventory is approvable if it passes Levels 
I, II, and III of the review process. Detailed Levels 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.

II. Description of State Submittal

A. Procedural Background

    The CAA requires states to observe certain procedural requirements 
in developing emission inventory submissions to EPA. Section 110(a)(2) 
of the CAA provides that each emission inventory submitted by a state 
must be adopted after reasonable notice and 

[[Page 1840]]
public hearing. A public hearing concerning this SIP revision was held 
on May 3, 1994 in Dover, Delaware. No comments were received during the 
public hearing.
    Delaware submitted revisions to the SIP on May 27, 1994. The 
inventories were signed by the Governor's designee on the same date of 
the submittal.
    The SIP revisions were reviewed by EPA to determine completeness 
shortly after its 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 Delaware submittals were found to be 
complete and a letter dated June 14, 1994 was forwarded to the 
Governor's designee indicating the completeness of the submittal and 
the next steps to be taken in the review process.

B. Components of the Emission Inventories

    Based on EPA's level III review findings, Delaware has satisfied 
all of EPA's requirements for purposes 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.
    Delaware submitted draft IPPs to EPA for review. EPA approved the 
IPP and QA plan for Delaware in June 12, 1992.
    1. The IPP and QA program have been approved and implemented.
    2. The documentation was adequate for all emission types 
(stationary point, area, non-road mobile, on-road mobile and biogenic 
sources) for the reviewer to determine the estimation procedures and 
data sources used to develop the inventory.
    3. The point source inventory was found to be complete.
    4. The point source emissions were estimated according to EPA 
guidance.
    5. The area source inventory was found to be complete.
    6. The area source emissions were estimated according to EPA 
guidance.
    7. The biogenic source emissions were estimated using PC-BEIS in 
accordance with EPA guidance.
    8. The method used to develop VMT estimates was adequately 
described and documented.
    9. The mobile model was used correctly.
    10. The non-road mobile emission estimates were correctly prepared 
in accordance with EPA guidance.
    Thus, Delaware submittal meets the essential reporting and 
documentation requirements for acceptable emission inventories.

C. Inventory Completeness Issues

    Delaware has a SIP that will ensure that the requirements of 
section 182(a)(1) for emission inventory measures are adequately met. 
To comply with the emission inventory requirements, the state submitted 
complete inventories containing point, area, biogenic, on-road, and 
non-road mobile source data, and accompanying documentation. Emissions 
from these groupings of sources are presented in the tables below.

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                                                    Point       On-Road      Non-Road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                      emissions   emissions    emissions    emissions                 emissions 
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                            New Castle County Ozone Season Emissions in Tons Per Day                            
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VOC...............................        34.75        27.08        35.28        16.67        17.51       131.30
NOX...............................         5.40        85.77        27.06        18.78          N/A       137.00
CO................................        21.91        40.72       245.40       104.24          N/A       412.27
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                               Kent County Ozone Season Emissions in Tons Per Day                               
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VOC...............................        12.96         3.24        13.07         3.50        32.46        65.23
NOX...............................         1.20         6.13        10.62         7.89          N/A        25.84
CO................................         8.47         0.51       100.51        20.25          N/A       129.73
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                              Sussex County Ozone Season Emissions in Tons Per Day                              
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VOC...............................        17.31         6.28        20.71         3.34        45.99        93.62
NOX...............................         1.78        54.24        16.66         7.01          N/A        79.68
CO................................         8.25         1.68       154.39        21.86          N/A       186.18
----------------------------------------------------------------------------------------------------------------

    EPA has determined that the submittals made by Delaware satisfies 
the relevant requirements of the CAA. EPA's detailed review of the 
emission inventories are contained in Technical Support Documents which 
are available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this rule.
    EPA is approving the SIP revisions without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will become 
effective March 25, 1996 unless, by February 23, 1996, adverse or 
critical comments are received.
    If EPA receives such comments, EPA will publish a document in the 
Federal Register withdrawing this rule before the effective date. 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 action. Any parties interested in commenting on 
this action should do so at this time. If no such comments are 
received, the public is advised that this action will be effective on 
March 25, 1996.

III. Final Action

    EPA is approving revisions to the Delaware SIP to include 1990 base 
year emission inventories for the ozone nonattainment areas within the 
state. The inventories consist of point, area, non-road mobile, 
biogenics and on-road mobile source emissions for VOC, NOX and CO.
    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 the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

[[Page 1841]]

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
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 CAAA, preparation of a flexibility analysis 
would constitute Federal inquiry into the economic reasonableness of 
state action. The CAA forbids EPA to base its actions concerning SIP's 
on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).
    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 that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either state, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under state or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to state, local, or tribal governments, or to the private sector, 
result from this action.
    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 Management and Budget (OMB) has exempted 
this regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 25, 1996. 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 Delaware emission inventories, may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon Monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: November 27, 1995.
Stanley Laskowski,
Acting Regional Administrator, Region III.

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

PART 52--[AMENDED]

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

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

Subpart I--Delaware

    2. Section 52.423 is added to read as follows:


Sec. 52.423  1990 Base Year Emission Inventory.

    EPA approves as a revision to the Delaware State Implementation 
Plan the 1990 base year emission inventories for the Delaware ozone 
nonattainment areas submitted by the Secretary of the Department of 
Natural Resources and Environmental Control on May 27, 1994. This 
submittal consists of the 1990 base year point, area, non-road mobile, 
biogenic and on-road mobile source emission inventories in area for the 
following pollutants: volatile organic compounds (VOC), carbon monoxide 
(CO), and oxides of nitrogen (NOX).
[FR Doc. 96-920 Filed 1-23-96; 8:45 am]
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