[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48632-48635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23262]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA041-5005a; FRL-5603-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia--1990 Base Year Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a revision to the Virginia State 
Implementation Plan (SIP) which pertains to the 1990 base year ozone 
emission inventory for the Northern Virginia nonattainment area. This 
area was classified by EPA as serious for ozone. The SIP was submitted 
by the Commonwealth of Virginia Department of Environmental Quality 
(VDEQ) for the purpose of establishing the 1990 baseline emissions 
contributing to ozone nonattainment problems in Northern Virginia. This 
action is being taken under section 110 of the Clean Air Act.

DATES: This action is effective November 15, 1996, unless notice is 
received on or before October 16, 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 David Arnold, Section Chief, 
Ozone/CO & Mobile Sources Section, Mailcode 3AT21, 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, Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 
the Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street, SW., Washington, DC. 20460; and the 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the 
EPA Region III office, or via e-mail at [email protected]. 
While information may be requested via e-mail, comments must be 
submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

Background

    Under the 1990 Clean Air Act Amendments (CAAA), states have the 
responsibility to inventory emissions contributing to NAAQS 
nonattainment,

[[Page 48633]]

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 requires ozone nonattainment areas 
designated as moderate, serious, severe, and extreme to submit a plan 
within three years of 1990 to reduce VOC emissions by 15 percent within 
six years after 1990 (15% plan). The baseline level of emissions, from 
which the 15 percent reduction is calculated, is determined by 
adjusting the 1990 base year inventory to exclude biogenic emissions 
and to exclude certain emission reductions not creditable towards the 
15% plan. 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,'' Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina, 
March 1991. The 1990 base year inventory may also serve as part of 
statewide inventories for purposes of regional modeling in transport 
areas. The 1990 base year inventory plays an important role in modeling 
demonstrations for areas classified as moderate and above that are 
located 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. 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 CAAA, 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 proposal and the supporting rationale. In today's 
rulemaking action on the Northern Virginia ozone 1990 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 CAAA to 
submit a final, comprehensive, accurate, and current inventory of 
actual ozone season, weekday emissions from all sources within 2 years 
of enactment (November 15, 1992). This inventory is for calendar year 
1990 and is denoted as the 1990 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 
the 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).

Criteria for Inventory 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 Levels 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 data quality is also evaluated.
    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:
    1. An approved Inventory Preparation Plan (IPP) must be provided 
and the Quality Assurance (QA) program contained in the IPP must be 
performed and its implementation documented.
    2. Adequate documentation must be provided that enables 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 be prepared or calculated according 
to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must be prepared or calculated 
according to the current EPA guidance.
    7. Biogenic emissions must be 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'', 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 must be adequately 
described and documented in the inventory report.
    9. The MOBILE model (or EMFAC model for California only) must be 
correctly used to produce emission factors for each of the vehicle 
classes.
    10. Non-road mobile emissions must be 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'', 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.

State Submittal

    On November 30, 1992, the Commonwealth of Virginia submitted a 
formal revision to its State Implementation Plan (SIP). The SIP 
revision consists of 1990 base year emission inventories for Northern 
Virginia ozone nonattainment areas composed of Arlington County, 
Alexandria City, Fairfax County, Fairfax City, Loudon County, Falls 
Church City, Prince William County, Stafford County, Manassas City, and 
Manassas Park City. A revised version of the inventory was submitted to 
EPA on November 1, 1993 and again on April 3, 1995.
    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 submittal was found to be complete on 
April 14, 1993 for the November 30, 1992 submittal, and June 5, 1995 
for the April 3, 1995 submittal.

[[Page 48634]]

EPA Analysis

    Based on EPA's level III review findings, Virginia has satisfied 
all of EPA's requirements for 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:
    1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA) 
program was approved by EPA and implemented on August 27, 1992.
    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 the Biogenic 
Emission Inventory System (PC-BEIS) in accordance with EPA guidance.
    8. The method used to develop vehicle miles traveled (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, EPA has determined that Virginia's submittal meets the 
essential reporting and documentation requirements for an Emission 
Inventory.
    A summary of the emission inventories broken down by point, area, 
biogenic, on-road, and non-road mobile sources are presented in the 
table below.

                            Northern Virginia Ozone Season Emissions in Tons Per Day                            
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
VOC...............................       75.966        8.277       111.76        28.49       147.38      371.873
NOX...............................       84.319       64.853       113.63        33.42          N/A      296.222
CO................................       49.559        3.609       909.13       364.98          N/A     1308.438
----------------------------------------------------------------------------------------------------------------

    EPA has determined that the submittal made by the Commonwealth of 
Virginia satisfies the relevant requirements of the CAAA. EPA's 
detailed review of Virginia's Emission Inventories is contained in a 
Technical Support Document (TSD) which is available, upon request, from 
the EPA Regional Office listed in the ADDRESSES section of this notice.
    EPA is approving this SIP revision 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 November 15, 1996, unless, within 30 days of publication, 
adverse or critical comments are received.
    If 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. 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 November 15, 1996.

Final Action

    EPA is approving revisions to the Virginia SIP to include 1990 
Emission Inventories for the Northern Virginia ozone nonattainment 
areas. The inventories consist of point, area, non-road mobile, 
biogenics and on-road mobile source emissions for VOC, NOX and CO. 
This revision was submitted to EPA by the Commonwealth of Virginia on 
November 30, 1992, as amended on November 1, 1993 and April 3, 1995.
    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.

Executive Order 12866

    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.

Regulatory Flexibility Act

    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 
CAAA 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 Regional 
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 CAAA 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).

Unfunded Mandates

    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 rule that includes a Federal mandate that may result in estimated 
costs to state,

[[Page 48635]]

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.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

Petitions for Judicial Review

    Under section 307(b)(1) of the CAAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 15, 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 the Northern Virginia ozone Emission Inventory 
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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, and SIP requirements.

    Dated: August 21, 1996.
W. Michael McCabe,
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 VV--Virginia

    2. Section 52.2425 is amended by adding paragraph (c) to read as 
follows:


Sec. 52.2425  1990 Base Year Emission Inventory.

* * * * *
    (c) EPA approves as a revision to the Virginia State Implementation 
Plan the 1990 base year emission inventories for the Northern Virginia 
ozone nonattainment areas submitted by the Director, Virginia 
Department Environmental Quality, on November 30, 1992, November 1, 
1993, and April 3, 1995. These submittals consist of the 1990 base year 
point, area, non-road mobile, biogenic and on-road mobile source 
emission inventories in each area for the following pollutants: 
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).

[FR Doc. 96-23262 Filed 9-13-96; 8:45 am]
BILLING CODE 6560-50-P