[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18251-18255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10132]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KS-6-1-6985, MO-31-1-7153; FRL 5448-9]


Approval and Promulgation of Implementation Plans; States of 
Kansas and Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: By this action the EPA gives full approval to the State 
Implementation Plans (SIP) submitted by the states of Kansas and 
Missouri to fulfill the emission inventory update requirement of the 
approved Kansas City maintenance plan. The submittals also establish a 
motor vehicle emissions budget for the purposes of fulfilling the 
requirements of the Federal Transportation Conformity rule.

DATES: This action will be effective June 24, 1996 unless by May 28, 
1996 adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the: 
Environmental Protection Agency, Air Planning and Development Branch, 
726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen at (913) 551-7877.

SUPPLEMENTARY INFORMATION:

I. Background

    Based on ambient air quality data for the period 1989 through 1991, 
the

[[Page 18252]]

Kansas and Missouri portions of the Kansas City ozone nonattainment 
area were redesignated to attainment, and a maintenance plan was 
approved, in a June 23, 1992, Federal Register notice. In the approved 
maintenance plan, each state committed to completing comprehensive 
volatile organic compound (VOC) point source inventory updates at least 
twice in each five-year period following the effective date of the 
area's redesignation. Area and mobile source inventories are to be 
updated at least once every five years. These periodic updates are part 
of each state's continued efforts to ascertain whether actual VOC 
emissions are within the attainment inventory.
    The 1992 approved maintenance SIP was submitted before EPA 
finalized its maintenance plan guidance which provided that nitrogen 
oxide (NOX) emissions inventories be included in maintenance 
demonstrations. However, during the course of EPA review of the 
submittal, EPA made an assessment of NOX emissions in Kansas City. 
These emission inventory updates supersede the NOX inventory 
information for the period 1990 through 2000 developed by EPA during 
the review and approval of the 1992 maintenance plan.
    On November 23, 1993, pursuant to section 176(c) of the Clean Air 
Act, the EPA promulgated the final rule (hereafter referred to as the 
Transportation Conformity rule), which established the process by which 
the Federal Highway Administration, the Federal Transit Administration, 
and metropolitan planning organizations (MPO) determine conformity of 
highway and transit projects. This rule applies to Kansas City as an 
ozone maintenance area.
    The emissions budget is the mechanism EPA has identified for 
demonstrating consistency between emissions expected from 
implementation of transportation plans, Transportation Improvement 
Programs (TIP), and projects with estimates of emissions in the SIP 
from on-road motor vehicles. Motor vehicle emissions budgets are the 
explicit or implicit identification of the on-road motor vehicle-
related portion of the projected emission inventory used to demonstrate 
maintenance of the National Ambient Air Quality Standard for ozone for 
a particular year specified in the SIP. The motor vehicle emissions 
budget establishes a cap on the predicted highway and transit vehicle 
VOC and NOX emissions which, if exceeded, will result in a 
nonconformity finding.
    The maintenance plan for the Kansas City area was approved before 
the promulgation of the Transportation Conformity rule, and therefore 
did not include explicit motor vehicle emission budgets for VOCs and 
NOX. These SIP revisions amend the 1992 Kansas City ozone 
maintenance SIP to specify motor vehicle VOC and NOx emissions 
budgets for the Kansas City air quality maintenance area.

II. Review of State Submittal

    A comprehensive emissions inventory for both VOCs and NOX , 
which includes an explicit motor vehicle emissions budget, was 
submitted by the state of Kansas on May 11, 1995, and by the state of 
Missouri on April 12, 1995. These emissions inventory updates were 
completed for the Kansas City ozone maintenance area, which includes 
Wyandotte and Johnson counties in Kansas and Clay, Jackson, and Platte 
counties in Missouri. With the exception of point sources and the 
asphalt paving source category, all other emissions estimates were 
calculated with 1990 as the base year, and projections were made from 
the base to 2010.
    Air quality monitoring data, which have recently been quality-
assured, indicate that measured exceedances of the ozone standard were 
recorded on July 11, 12, and 13, 1995, at the Liberty monitoring site 
in Kansas City. The highest recorded value for each day was .128 ppm, 
.161 ppm, and .131 ppm, respectively. These exceedances, added to a 
measured exceedance of the ozone standard of .128 ppm, recorded on July 
29, 1993, puts the area in violation of the standard.
    As required in the approved maintenance plan, contingency measures 
must be implemented to address the violation of the ozone standard. The 
approved maintenance plan also includes a commitment by the states to 
complete a comprehensive VOC emission inventory should a violation of 
the ozone standard occur. EPA has determined that the emission 
inventory updates submitted by the states of Kansas and Missouri 
fulfill the aforementioned commitment. However, if the Kansas City area 
experiences further violations of the ozone standard, the emission 
inventory will need to be revised.

A. VOC and NOX Emissions Inventory Updates

    Part 3.2 and Appendices A, B, and C of the 1992 maintenance SIP 
contain VOC emissions inventory estimates from point, area, and mobile 
sources for the period 1988 through 2000. These SIP revisions update 
and supersede the VOC emissions inventory in its entirety for the 
period between 1990 and 2000. This revision also supplements Part 3.2 
with VOC emissions inventory projections for 2005 and 2010 in order to 
address the requirements of the Transportation Conformity rule. The 
NOX emissions inventories supplement the 1992 maintenance SIP with 
detailed NOX emissions estimates for the period 1990 through 2000 
and for the years 2005 and 2010.
    The new emission inventory numbers reflect significant changes in 
emissions estimation methodology and changes in the data upon which 
estimates are based. The reader is referred to the Technical Support 
Document and the states' submittals for detailed information about 
methodologies, emission factors, sources of input data, the basis for 
projections, seasonal adjustments, conversions, and assumptions. The 
1990 VOC inventory includes reductions attributable to Reid Vapor 
Pressure control from 9.5 to 9.0 psi consistent with the 1992 
Maintenance SIP.
    Part 3.4 of the 1992 maintenance SIP specifically defined an 
``action line'' that represented the maximum allowable VOC emissions in 
the Kansas City metropolitan air quality planning area. The revised 
1990 VOC emissions inventories replace the ``action line'' as the 
number that represents the maximum allowable VOC emissions in the 
Kansas City air quality planning area.
    The VOC emissions inventories for the Kansas City ozone maintenance 
area are presented in the following tables:

                                       VOC Emissions Summary--All Counties                                      
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................    128282.53     39575.47     35821.05     86593.21     32284.52    322556.77

[[Page 18253]]

                                                                                                                
1992..............................     96710.10     39857.92     35821.05     86156.15     27733.27    286278.50
1995..............................     87355.63     41221.27     35821.05     89484.05     30007.33    283889.33
2000..............................     81815.02     43085.96     35821.05     94974.59     32346.91    288043.53
2005..............................     73897.25     45135.34     35821.05    100297.17     34977.68    290128.48
2010..............................     77151.71     47053.42     35821.05    105007.73     37529.13    302563.04
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                    VOC Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)                   
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................     81506.45     26222.22     22926.35     51480.28     21283.17    203418.47
1992..............................     61373.89     26399.32     22926.35     51044.25     18621.05    180364.86
1995..............................     55461.41     27237.63     22926.35     52808.29     20138.78    178572.46
2000..............................     50495.69     28368.05     22926.35     55569.59     21708.13    179067.80
2005..............................     45604.20     29684.52     22926.35     58481.09     23474.30    180170.47
2010..............................     46641.63     30917.71     22926.35     60941.80     25162.72    186590.21
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                         VOC Emissions Summary--Kansas Counties (Wyandotte and Johnson)                         
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................     46776.08     13353.25     12894.70     35112.93     11001.34    119138.30
1992..............................     35336.21     13458.59     12894.70     35111.91      9112.22    105913.64
1995..............................     31894.22     13983.65     12894.70     36675.76      9868.55    105316.87
2000..............................     31319.33     14717.91     12894.70     39405.01     10638.78    108975.73
2005..............................     28293.04     15450.81     12894.70     41816.08     11503.38    109958.01
2010..............................     30510.08     16135.71     12894.70     44065.93     12366.41    115972.83
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    The NOX emissions inventories for the Kansas City ozone 
maintenance area are presented in the following tables:

                                       NOX Emissions Summary--All Counties                                      
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................    103895.82     43860.30         0.00     15830.39    161550.89    325137.39
1992..............................    102580.57     43182.37         0.00     15669.14    173748.93    335181.02
1995..............................    101275.32     45812.23         0.00     16966.07    152629.66    316683.27
2000..............................     98337.95     44300.25         0.00     18565.52    104439.12    265642.84
2005..............................     95408.56     41857.70         0.00     20378.20    105334.55    262979.01
2010..............................     98570.22     40375.29         0.00     21707.60    106156.52    266809.64
----------------------------------------------------------------------------------------------------------------


                    NOX Emissions Summary--Missouri Counties (Jackson, Clay, Platte Counties)                   
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................     66147.65     22398.17         0.00      4104.73    103125.99    195776.54
1992..............................     65329.61     21998.33         0.00      4115.09    111842.06    203285.09
1995..............................     64459.65     23655.85         0.00      4412.00     99474.58    192002.08
2000..............................     60876.51     22757.27         0.00      4808.15     76461.04    164902.96
2005..............................     59067.93     21277.86         0.00      5254.93     76772.77    162373.50
2010..............................     60275.27     20396.86         0.00      5576.43     77030.49    163279.04
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[[Page 18254]]



                         NOX Emissions Summary--Kansas Counties (Wyandotte and Johnson)                         
             [Unless otherwise specified, the units of measurement are in kilograms per summer day]             
----------------------------------------------------------------------------------------------------------------
                                      On-road      Off-road                                Point                
                                       mobile       mobile      Biogenic   Area source     source       Total   
                                     emissions    emissions    emissions    emissions    emissions    emissions 
----------------------------------------------------------------------------------------------------------------
1990..............................     37748.17     21462.13         0.00     11725.66     58424.89    129360.85
1992..............................     37250.96     21184.05         0.00     11554.05     61906.87    131895.93
1995..............................     36815.67     22156.38         0.00     12554.07     53155.08    124681.20
2000..............................     37461.44     21542.98         0.00     13757.38     27978.08    100739.88
2005..............................     36340.63     20579.84         0.00     15123.27     28561.78    100605.51
2010..............................     38294.96     19978.43         0.00     16131.17     29126.03    103530.60
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B. Motor Vehicle Emissions Budgets

    These emission inventory updates define a VOC motor vehicle 
emissions budget and an NOX motor vehicle emissions budget. The 
emissions inventories in the Kansas and Missouri maintenance SIPs are 
combined to establish these budgets to be used in determining 
conformity of regional transportation plans and TIPs. Combined budgets 
are preferable for determining conformity in bistate air quality 
regions with a single MPO when emissions inventories are projected to 
remain consistent with maintenance of the ozone standard.
    Estimates of total VOC and NOX emissions in future years in 
the maintenance area are less than required to demonstrate maintenance 
of the ozone standard. In these circumstances, the Transportation 
Conformity rule permits the SIP to explicitly quantify the difference 
as a margin and include a portion of the margin in the motor vehicle 
emissions budget. These SIP revisions explicitly quantify the margin 
and explicitly assign a portion of the margin to the motor vehicle VOC 
and NOX emissions budgets for conformity purposes.
    Section 51.404 of the Transportation Conformity rule requires that 
regional transportation plans establish ``horizon years'' which 
envision a transportation system for certain future years, not more 
than 10 years apart. These SIP revisions define the horizon years for 
the Kansas City maintenance area to be 2000 and 2010. The motor vehicle 
VOC and NOX emissions budgets for these years are above the motor 
vehicle emissions inventory estimates for 2000 and 2010. This approach 
is designed to protect emissions growth throughout the entire 
maintenance period to the year 2010. The reader is referred to the 
states' submissions for the calculations used to determine the motor 
vehicle emissions budgets.
    The regional motor vehicle VOC and NOX emissions budgets, 
based on combining the inventories for the Missouri and Kansas portions 
of the air quality maintenance area, are as follows:

------------------------------------------------------------------------
                                    Regional motor      Regional motor  
        Ozone  precursor          vehicle budget for  vehicle budget for
                                     the year 2000       the year 2010  
------------------------------------------------------------------------
Non-Methane Hydrocarbons........  87548 kg/summer     82885 kg/summer   
                                   day.                day.             
Nitrogen Oxides.................  119889 kg/summer    120121 kg/summer  
                                   day.                day.             
------------------------------------------------------------------------

    The motor vehicle emissions budgets were the subject of the 
interagency consultation process as required by Sec. 51.402 of the 
Transportation Conformity rule. The draft emissions inventories and 
motor vehicle emissions budgets were reviewed by a regional air quality 
policy advisory committee formed under the provisions of Sec. 174 of 
the Clean Air Act and the regional transportation policy committee, 
constituted in accordance with the Intermodal Surface Transportation 
Efficiency Act. They were published and made available for regional 
public review and comment.
    The Missouri portion of the emissions inventory update and motor 
vehicle emissions budget was adopted by the Missouri Air Conservation 
Commission, after proper notice and public hearing, on March 30, 1995. 
A public hearing for the Kansas portion of the emissions inventory 
update and motor vehicle emissions budget was held on May 8, 1995, and 
adopted by the Secretary of Health and Environment on May 11, 1995.
    Missouri and Kansas have submitted complete inventories containing 
point, area, biogenic, on-road, and nonroad mobile source data and 
accompanying documentation. The submittals provide adequate 
documentation on the emission estimation procedures and the data 
sources used to develop the inventory. The point and area source 
inventories are complete. Emissions for each source category were 
prepared or calculated according to the most current EPA guidance. The 
VMT development methods are adequately described and documented, and 
the most current EPA MOBILE model was correctly used to produce 
emission factors for each of the vehicle classes. Therefore, the 
submitted emission inventory updates meet current EPA guidance for the 
development of an approvable emissions inventory. EPA ACTION: By this 
action EPA grants full approval of the May 11, 1995, Kansas submittal 
and the April 12, 1995, submittal from the state of Missouri. These SIP 
revisions meet all of the requirements for an approvable emissions 
inventory update.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in the Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed.
    If the EPA receives such comments, this action 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 action should 
do so at this time.
    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.
    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. 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

[[Page 18255]]

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, EPA certifies that it 
does not have a significant impact on any small entities affected. 
Moreover, due to the nature of the Federal-state relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids 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)).
    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 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 costs of $100 million or more to the private sector, or to 
state, local, or tribal governments in the aggregate.
    Through submission of this SIP, the state has elected to adopt the 
program provided for under section 110 of the CAA. These rules may bind 
state and local governments to perform certain actions and also require 
the private sector to perform certain duties. To the extent that the 
rules being finalized for approval by this action will impose new 
requirements, sources are already subject to these regulations under 
state law. Accordingly, no additional costs to state or local 
governments, or to the private sector, result from this final action. 
EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
state or local governments in the aggregate or to the private sector. 
EPA has determined that these rules result in no additional costs to 
tribal government.
    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 June 24, 1996. 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 action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 9, 1996.
Dennis Grams,
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 R--Kansas

    2. Section 52.870 is amended by adding paragraph (c)(31) to read as 
follows:


Sec. 52.870  Identification of plan.

* * * * *
    (c) * * *
    (31) On May 11, 1995, the Kansas Department of Health and 
Environment submitted an emissions inventory update to the Kansas City 
maintenance plan approved by EPA on June 23, 1992. The submittal also 
establishes a motor vehicle emissions budget for the purpose of 
fulfilling the requirements of the Federal Transportation Conformity 
rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance State Implementation Plan 
Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for 
the Kansas City Metropolitan Area, adopted on May 11, 1995.

Subpart AA--Missouri

    3. Section 52.1320 is amended by adding paragraph (c)(94) to read 
as follows:


Sec. 52.1320  Identification of plan.

* * * * *
    (c) * * *
    (94) On April 12, 1995, the Missouri Department of Natural 
Resources submitted an emissions inventory update to the Kansas City 
maintenance plan approved by EPA on June 23, 1992. The submittal also 
establishes a motor vehicle emissions budget for the purpose of 
fulfilling the requirements of the Federal Transportation Conformity 
rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance SIP Revisions: Emission 
Inventories and Motor Vehicle Emissions Budgets, adopted by the 
Missouri Air Conservation Commission on March 30, 1995.
[FR Doc. 96-10132 Filed 4-24-96; 8:45 am]
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