[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Pages 19676-19679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10508]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC010-5914a; MD033-7157a; FRL-5814-1]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia and State of Maryland--1990 Base Year Emission 
Inventory for the Metropolitan Washington DC Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the District of Columbia (DC) 
and the State of Maryland State Implementation Plans (SIPs) which 
pertain to the 1990 base year ozone emission inventories for the 
Washington DC-MD-VA Consolidated Metropolitan Statistical Area (CMSA) 
ozone nonattainment area. This area, commonly referred to as the 
Metropolitan Washington DC area, is classified as a serious ozone 
nonattainment area. The SIP revisions were prepared by the Metropolitan 
Washington Council of Governments and submitted by the District and the 
State of Maryland for the purpose of establishing the 1990 baseline of 
emissions contributing to ozone nonattainment problems in the 
Metropolitan Washington DC area. This rulemaking action is for 
Washington DC and Maryland portions of the area only. The approval of 
the SIP revision submitted by the Commonwealth of Virginia for its 
portion of the base year inventory of the Metropolitan Washington DC 
area was published on September 16, 1996 (61 FR 48632). This action is 
being taken under section 110 of the Clean Air Act.

DATES: This action is effective June 9, 1997 unless notice is received 
on or before May 23, 1997 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 L. Arnold, 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 District of 
Columbia Department of Consumer and Regulatory Affairs, 2100 Martin 
Luther King Avenue, SE., Washington, DC 20020; and Maryland Department 
of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Pauline De Vose, (215) 566-2186, at 
EPA Region III address, 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 national ambient 
air quality standard nonattainment, to track these emissions over time, 
and to ensure that control strategies are being implemented that reduce 
emissions and move areas towards attainment. The CAAA 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 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. The 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 District of 
Columbia and Maryland portions of the Metropolitan Washington DC ozone 
nonattainment area's 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 compounds 
(VOCs), 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 emissions from stationary point and area 
sources, as well as highway and non-road mobile sources, and biogenic 
emissions 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).

[[Page 19677]]

Criteria for Approval

    There are general and specific components of an acceptable emission 
inventory. In general, a state must meet the minimum requirements for 
reporting by 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, as outlined here, consists of 10 
criteria. For a base year emission inventory to be acceptable it must 
pass all of the following acceptable 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 Level 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.

The District of Columbia and State of Maryland Submittals

    On January 13, 1994 and March 21, 1994, the Department of Consumer 
and Regulatory Affairs (DCRA) for the District of Columbia and the 
Maryland Department of the Environment (MDE), respectively, submitted 
the 1990 base year emission inventories as formal revisions to their 
State Implementation Plans (SIPs).
    The submittals were reviewed by EPA to determine completeness 
shortly after their submittals, in accordance with the completeness 
criteria set out at 40 CFR Part 51, Appendix V (1991), as amended by 56 
FR 42216 (August 26, 1991). The submittals were found to be complete on 
July 13, 1994; and June 1, 1994, respectively.

EPA Analysis

    Based on EPA's Level I, II, and III review findings, the District 
and Maryland have satisfied all of EPA's requirements for providing a 
comprehensive and accurate 1990 base year inventory of actual emissions 
for their portions of the Metropolitan Washington DC ozone 
nonattainment area. A summary of EPA's Level III findings is given 
below:
    1. The Inventory Preparation Plan (IPP) and Quality Assurance (QA) 
program have been approved and implemented. These were approved on 
March 27, 1992 and August 11, 1992 for the District and Maryland, 
respectively.
    2. The documentation was adequate for all emission types 
(stationary point, area, highway 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 the District's and the State of 
Maryland's submittals meet the essential reporting and documentation 
requirements for a 1990 base year 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.

                           District of Columbia Ozone Season Emissions in Tons Per Day                          
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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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 VOC.............................       19.991        1.701        32.27         11.32        3.150       68.432
NOX..............................        2.970       30.919        23.56         13.28          N/A       70.729
CO...............................        2.698        4.306       248.33        145             N/A      400.334
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[[Page 19678]]


         Maryland Portion of the Metropolitan Washington DC Area Ozone Season Emissions in Tons Per Day         
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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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VOC.............................        98.89         8.042       108.47         33.37       225.96      474.742
NOX.............................        65.476      204.903       125.14         39.15          N/A      434.669
CO..............................        51.799        9.796       901.490       427.42          N/A     1390.505
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    EPA has determined that the submittals made by DCRA and MDE satisfy 
the relevant requirements of the CAAA. EPA's detailed review of the 
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 document.
    EPA is approving these SIP revisions without prior proposal because 
the Agency views these as noncontroversial amendments and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will become 
effective June 9, 1997 unless, by May 23, 1997, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document 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 June 9, 1997.

Final Action

    EPA is approving revisions to the District of Columbia and Maryland 
SIPs. These revisions consist of the District's and Maryland's portions 
of the 1990 Base Year Emission Inventory for the Metropolitan 
Washington DC ozone nonattainment area. The inventories consist of 
point, area, highway mobile, non-road mobile and biogenic emissions for 
VOC, NOX and CO. The revisions were submitted to EPA by DCRA 
and MDE on January 13, 1994 and March 21, 1994, respectively.
    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 a 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 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 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 SIPs 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 Mandate 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 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 5 U.S.C. 801(a)(1)(A) as added 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 5 
U.S.C. 804(2).

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 June 23, 1997. 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 District of Columbia,

[[Page 19679]]

Maryland, and Virginia 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, and SIP requirements.

    Dated: April 8, 1997.
Stanley L. 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 J--District of Columbia

    2. Section 52.474 is amended by revising the section heading, 
designating existing text as paragraph (a) and adding paragraph (b) to 
read as follows:


Sec. 52.474  1990 Base Year Emission Inventory.

* * * * *
    (b) EPA approves as a revision to the District of Columbia State 
Implementation Plan the 1990 base year emission inventory for the 
District's portion of the Metropolitan Washington DC ozone 
nonattainment area submitted by the Director, DCRA, on January 13, 
1994. This submittal consists of the 1990 base year point, area, 
highway mobile, non-road and biogenic source emission inventories in 
the area for the following pollutants: Volatile organic compounds 
(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

Subpart V--Maryland

    3. Section 52.1075 is amended by adding paragraph (d) to read as 
follows:


Sec. 52.1075  1990 Base Year Emission Inventory.

* * * * *
    (d) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Maryland portion of 
the Metropolitan Washington DC ozone nonattainment area submitted by 
the Secretary of MDE on March 21, 1994. This submittal consists of the 
1990 base year point, area, highway mobile, non-road mobile, and 
biogenic source emission inventories in the area for the following 
pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and 
oxides of nitrogen (NOX).

[FR Doc. 97-10508 Filed 4-22-97; 8:45 am]
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