[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Proposed Rules]
[Pages 62658-62666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26907]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 058-3036 and VA 083-5038; FRL-6888-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland and Virginia; Post-1996 Rate-of-Progress Plan for the 
Metropolitan Washington, DC Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing approval of the Post-1996 plan for the 
Metropolitan Washington, DC ozone nonattainment area submitted by the 
Maryland Department of the Environment and the Virginia Department of 
Environmental Quality. The Maryland Department of the Environment and 
the Virginia Department of Environmental Quality each submitted the 
Post-1996 plan as a State Implementation Plan (SIP) revision for the 
Metropolitan Washington, DC serious ozone nonattainment area to meet 
the 9% rate-of-progress (ROP) requirement (the Post-1996 plan) of the 
Clean Air Act (the Act). The Post-1996 plan will result in significant 
emission reductions through 1999 from the 1990 baseline emissions of 
volatile organic compounds (VOCs) and oxides of nitrogen 
(NOX), which contribute to the formation of ground level 
ozone.

DATES: Written comments must be received on or before November 9, 2000.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; Maryland Department 
of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224; 
and Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Janice Lewis at (215) 814-2185 or 
Christopher Cripps at (215) 814-2179 at the EPA Region III office 
above.

SUPPLEMENTARY INFORMATION:

What Action is EPA Proposing Today?

    EPA is proposing approval of the Post-1996 plan submitted by the 
State of Maryland and the Commonwealth of Virginia for the Metropolitan 
Washington, DC ozone nonattainment area (the Washington area).

What Are the Rate-of-Progress Requirements Applicable to the 
Washington Area?

    The Act requires that serious and above ozone nonattainment areas 
develop plans to reduce area-wide VOC emissions after 1996 by 3% per 
year until the year of the attainment date required for that 
classification of nonattainment area. This is commonly referred to as 
the Post-1996 plan. In this case, the Washington area is classified as 
a serious ozone nonattainment area; the serious area attainment date is 
1999. The 3% per year requirement is expressed as an average over 
consecutive 3-year periods; thus, the requirement is a 9% reduction by 
1999. This 9% reduction requirement is a continuation of the 
requirement for a 15% reduction in VOC by 1996. For the Post-1996 plan, 
the Act allows the substitution of NOX emissions reductions 
for VOC emission reductions where equivalent air quality benefits are 
achieved as determined using the applicable EPA guidance. The 9% VOC/ 
NOX reduction required by November 15, 1999 is a 
demonstration of reasonable further progress in the Washington area, 
which is referred to as rate-of-progress (ROP) throughout this 
document. Our assessment of the Post-1996 plan is to determine whether 
or not the 9% reduction requirement is met.

What Areas are Covered by the Post-1996 Plan for the Washington 
Area?

    The Washington area consists of the District of Columbia, the 
Northern Virginia area (Arlington, Fairfax, Loudoun, Prince William and 
Stafford Counties and the cities of Alexandria, Falls Church, Fairfax, 
Manassas, and Manassas Park), and Calvert, Charles, Frederick, 
Montgomery, and Prince George's Counties in Maryland.

[[Page 62659]]

What Agencies and Organizations Developed Maryland and Virginia 
Post-1996 Plan for Metropolitan Washington, DC Area?

    The District of Columbia, Virginia and Maryland must demonstrate 
ROP for the Washington area. These jurisdictions, under the auspices of 
the Metropolitan Washington Air Quality Committee (MWAQC) with the 
assistance of the Metropolitan Washington Council of Governments (COG) 
collaborated on a coordinated Post-1996 plan for the Washington area. 
The MWAQC includes state and local elected officials and 
representatives of the Washington, DC Department of Health (DoH), the 
Maryland Department of the Environment (MDE), the Virginia Department 
of Environmental Quality (VADEQ) and the National Capital Region 
Transportation Planning Board (TPB). The Act provides for interstate 
coordination for multi-state nonattainment areas.
    Because ROP requirements such as the Post-1996 plan establish 
emission budgets for transportation improvement plans, municipal 
planning organizations have historically been involved in air quality 
planning in the Washington area. The MWAQC ensures consultation with 
the TPB during the development of the Post-1996 plan and emission 
budgets. As explained below, the regional Post-1996 plan determined the 
regional target level, regional projections of growth and finally the 
total amount of creditable reductions required under the 9% requirement 
in the Washington area. The District of Columbia, Maryland and Virginia 
all agreed to apportion this total amount of required creditable 
reductions among themselves.
    Although the plan was developed by a regional approach, each 
jurisdiction is required to submit the Post-1996 plan to EPA as a 
revision to its SIP. This proposed rulemaking only addresses the Post-
1996 plans submitted by Maryland and Virginia for the Washington area.

When Did Maryland and Virginia Submit the Post-1996 Plan for the 
Metropolitan Washington, DC Area?

    The MDE submitted the area-wide Post-1996 plan as a SIP revision on 
December 24, 1997. The VADEQ submitted the area-wide Post-1996 plan as 
a SIP revision on December 19, 1997. On May 20, 1999 and May 25, 1999, 
respectively, the MDE and the VADEQ each submitted a revised Post-1996 
plan for the Washington area that supplanted the 1997 submissions.

What Action is EPA Taking on the District of Columbia's Post-1996 
Plan for the Metropolitan Washington, DC Area?

    The District submitted a Post-1996 plan for the Washington area on 
November 3, 1997, and submitted a revision to that plan on May 25, 
1999. In the September 28, 2000 Federal Register, EPA published its 
proposed approval of the Post-1996 plan submitted by the District's DoH 
(65 FR 58243).

What Are the Effects on Emissions and How is the 3% per Year 
Reduction Calculated?

    A Post-1996 plan consists of a plan to achieve a target level of 
emissions. There are several important emission inventories and 
calculations associated with the plan. These include: the base year 
emission inventory, future year projection inventories, and target 
level calculations. Each of these is described below.

A. Base Year Emission Inventory

    EPA reviewed the 1990 base year emissions inventory and the 
revisions to this inventory submitted with the Post-1996 plan, and has 
approved these revisions for both jurisdictions (63 FR 36854, July 8, 
1998). The 1990 ROP inventory for the Washington area, which is 
fundamental to the Post-1996 plan, is the 1990 base year emissions 
inventory excluding biogenic emissions. The 1990 base year inventory is 
contained in the states' submittals.

B. Projection Inventories--Growth in Emissions

    A projection of growth in VOC and NOX emissions from 
1990 to 1999 is required for the 9% requirement. Growth in VOC 
emissions from 1990 to 1996 was described in the 15% plans, thus the 
remaining VOC growth from 1996 to 1999 is described in the Post-1996 
plan. To meet the 9% requirement, a state (or states for a multi-
jurisdictional nonattainment area) must enact measures achieving 
sufficient emissions reductions to offset projected growth in 
emissions, in addition to achieving a 9% reduction of VOC/
NOX emissions from baseline levels through 1999. This 
requirement may be satisfied by determining the amount of creditable 
emission reductions needed to offset growth in VOC emissions from 1996 
to 1999 and in NOX emissions from 1990 to 1999. The 
calculation can be made by projecting the 1990 base year VOC inventory 
out to 1999 considering only the current control strategy. Growth must 
be determined separately for each source or source category, since 
sources typically grow at different rates.
    The Post-1996 plan for the Washington area contains growth 
projections for stationary, area, on-road motor vehicle, and non-road 
vehicle source categories using acceptable growth factor surrogates. A 
more detailed description of the states' submittals and EPA's 
evaluation are included in a Technical Support Document (TSD) prepared 
in support of this rulemaking action. A copy of the TSD is available, 
upon request, from the EPA Regional Office listed in the ADDRESSES 
section of this document. EPA has determined that the methodology used 
in Maryland's and Virginia's Post-1996 plan submittals for selecting 
growth factors and applying them to the 1990 base year emissions 
inventory to estimate emissions growth in point, area, on-road mobile, 
and off-road mobile sources (from 1996 to 1999 for VOC and from 1990 to 
1999 for NOX) is approvable.

C. Calculation of Target Level Emissions and Substitution of NOX 
Reduction

    1. 15% VOC Target Level: The Act requires that the SIP achieve a 
reduction of 9% of the 1990 baseline emissions after November 15, 1996 
and before November 15, 1999. This reduction is in addition to a 15% 
reduction in base line emissions by 1996. This 15% requirement is 
referred to as the 15% plan. Under EPA's guidance, the starting point 
for calculating the Post-1996 plan's target level of VOC emissions is 
the target level of VOC emissions for 1996 found in the 15% plan.
    2. 1999 VOC Target Level: For the VOC portion of the 9% reduction 
requirement, the 1999 VOC emissions target level is calculated as 
follows:
    a. The 1990 base year emission inventory is adjusted to account for 
the effects of certain motor vehicle and gasoline volatility control 
programs. One of these is the Federal Motor Vehicle Control Program 
(FMVCP) standards implemented before 1990, called Tier 0 FMVCP. The 
second of these programs is the second phase of EPA's Reid Vapor 
Pressure (Phase II RVP) regulations, implemented in 1992. To calculate 
these effects, projected 1999 emission factors that will result from 
Tier 0 FMVCP and RVP were calculated using EPA's MOBILE5b model. These 
1999 ``adjusted'' emission factors are multiplied by the 1990 Vehicle 
Miles Traveled (VMT) to determine the 1990 adjusted base year VOC 
emissions inventory for 1999 which determines the effects of the Tier 0 
FMVCP between 1996 and 1999 on the 1990 ROP emissions inventory. This 
is

[[Page 62660]]

done for the entire Washington area and includes a breakdown by 
jurisdiction.
    b. Because the plan uses NOX substitution, the 
Washington area does not have to reduce VOC base line emissions by 9% 
but can use a smaller percentage as long as sufficient NOX 
reductions are achieved. The Post-1996 plan is based upon a 1% VOC 
reduction and a 8% NOX reduction.
    c. The effect on baseline emissions by Tier 0 FMVCP between 1996 
and 1999 must be considered. EPA's guidance requires the determination 
of the Fleet Turnover Correction from 1996 to 1999 to account as for 
the turnover of vehicles between 1996 and 1999. This correction is the 
difference of the 1990 adjusted base year VOC emissions inventory for 
1996 and the1990 adjusted base year VOC emissions inventory for 1999.
    d. The base 1% VOC reduction and the fleet correction term are 
summed, then subtracted from the 1996 VOC target level to yield the 
1999 VOC target level of emissions.
    3. 1999 NOX Target Level: The Post-1996 plan for the 
Washington area uses NOX substitution. The 1999 
NOX target level of emissions is calculated in a manner 
similar to the 1996 VOC target level except the base year inventory is 
adjusted to 1999, rather than to 1996. There are no reductions from 
corrections made to Reasonably Available Control Technology (RACT) and 
to Inspection and Maintenance (I/M) rules. The Post-1996 plan uses a 8% 
NOX reduction. The reductions from Tier 0 FMVCP and Phase II 
RVP (from 1990 to 1999) are the difference between the 1990 
NOX ROP emissions inventory and the 1990 adjusted base year 
NOX emissions inventory for 1999. Therefore, the 1999 
NOX target level is the 1990 NOX ROP emissions 
inventory less Tier 0 and Phase II RVP reductions from 1990 to 1999 and 
the 8% NOX reduction. This calculation is contained in the 
states' submittals.
    4. 15% Plan revisions: For areas impacted by delays in implementing 
an enhanced I/M program, EPA's guidance (``Guidance on the Adjusted 
Base Year Emissions Inventory and 1996 Target for the 15% Rate-of-
Progress Plans,'' EPA-452/R-92-005) allows approval of the 15% plan if 
the 15% reduction is achieved after 1996 when certain criteria are met. 
One criterion is a showing that the 15% reduction is achieved no later 
than November 15, 1999. This guidance establishes a slightly different 
demonstration of ROP by modifying the calculation of the 1996 VOC 
target level. The base 1996 target level is just 85% of the 1990 
adjusted base year VOC emissions inventory for 1996. To account for 
1996 to 1999 reductions in ``baseline emissions'' from Tier 0 FMVCP, 
the fleet turnover correction for 1996 to 1999 is subtracted from the 
``base'' 1996 target level to yield the 1996 target level of emissions 
corrected for the Fleet Turnover Correction for 1996 to 1999. If a 
state's 15% plan for an area is approved under this guidance, the state 
does not need to subtract the fleet turnover correction for 1996 to 
1999 from the final 15% plan target level as discussed in C.2. ``1999 
VOC Target Level'' above, when calculating the 1999 VOC target level 
because this fleet turnover correction will have already been included 
in the 15% target level. The District, the State of Maryland and the 
Commonwealth of Virginia all submitted such plans (the revised 15% 
plan). The EPA has already acted upon and approved these revised 15% 
plans in separate rulemaking actions. The target level calculations and 
the amount of creditable emission reductions needed for the entire 
Washington area to fulfill the 9% requirement are summarized Table 1 
below.

Table 1.--Target level And Emission Reduction Needs for the Metropolitan
                    Washington, DC area through 1999
                               [Tons/day]
------------------------------------------------------------------------
                                                       VOC        NOX
------------------------------------------------------------------------
1  Starting Emissions Level:
  15% target Level for VOC........................      384.6  .........
  1990 ROP Base Year Inventory for NOX............  .........      730.9
2  1990 to 1999 Tier 0 FMVCP and Phase II RVP           a 0.0       62.8
 Reductions.......................................
3  ROP Reduction:
  1% VOC..........................................        4.4  .........
  8% NOX..........................................  .........       53.4
4  1999 Target Level (Row 1 minus Row 2 minus Row       380.2      614.7
 3)...............................................
5  1999 Uncontrolled Emissions....................      511.7      765.2
6  Total Reductions Needed to make ROP by 1999....      131.5     150.5
------------------------------------------------------------------------
 Notes:
\a\ Included in the 15% Target Level.

    5. NOX Substitution: EPA issued guidance for 
NOX substitution in Post-1996 plans in December 1993 and 
supplemental guidance on August 5, 1994. This guidance sets an 
equivalency test for VOC and NOX reductions and requires 
that the level of NOX substitution be supported by 
photochemical grid modeling. The equivalency test essentially sets two 
criteria. The first criterion is that the plan must set the 1999 target 
levels for VOC and NOX emissions using a total percent 
reduction in VOC emissions plus the percent reduction in NOX 
emissions that is greater than or equal to nine percent (9%). In this 
case, the Post-1996 plan target levels are calculated using a 1% VOC 
reduction and 8% NOX reduction. The second criterion is that 
the Post-1996 plan achieve sufficient VOC and NOX reductions 
to ensure that the projected 1999 VOC and NOX emissions will 
be less than or equal to the respective target levels in the Post-1996 
plan. EPA analysis of whether the plan provides for sufficient 
NOX and VOC reductions is discussed below in under the 
heading ``What control strategies are Maryland and Virginia including 
in the Post-1996 Plan?''
    EPA's guidance requires that the amount of substituted 
NOX reductions in the Post-1996 plan be less than or equal 
to the amount of NOX reductions needed to attain the 
national ambient air quality standard for ozone. The amount of 
NOX reductions needed for attainment must be demonstrated by 
photochemical grid modeling. The demonstration that the NOX 
substitution which was submitted by Maryland and Virginia is based upon 
local scale modeling performed for the Baltimore-

[[Page 62661]]

Washington Urban Airshed Modeling (UAM) domain and upon EPA's Regional 
Oxidant Modeling (ROM) results. Both EPA's ROM results and the 
photochemical grid modeling submitted with the attainment plan show 
that significant NOX reductions will contribute to 
attainment in the area. The local UAM modeling also shows that 
NOX reductions, beyond those contained in the Post-1996 
plan, provide reductions in ozone concentrations. The Post-1996 plan 
substitutes fewer NOX reductions than assumed in the 
attainment plan modeling. EPA has, therefore, determined that the 
NOX for VOC substitution in the Post-1996 plan is adequately 
supported by creditable photochemical grid modeling and meets the 
requirements of EPA's NOX substitution guidance. EPA has 
determined that its NOX substitution guidance was properly 
followed and the proper methodology was used to calculate the 1999 
NOX and VOC target levels. Therefore, for purposes of 
determining the 1999 NOX and VOC target levels, 6.7 tons of 
NOX must be substituted for every 4.4 tons of VOC.
    EPA believes that following our NOX substitution 
guidance is legally sufficient to demonstrate that any NOX 
substitution in an ROP plan meets the equivalency requirements of the 
Act. The local UAM modeling submitted with the attainment demonstration 
also supports the conclusion that, on a ton for ton basis, 
NOX reductions achieve at least equivalent changes in ozone 
concentrations as an equivalent reduction in VOC emissions.

D. Nonattainment Area-Wide Plan--Apportionment of Reduction Needs

    EPA must determine whether or not the Washington area 9% 
requirement has been met. In general, the emission reduction from a 
measure is the difference of the future year projected uncontrolled 
emissions and the future year controlled emissions, or is equal to a 
percentage of the future year projected uncontrolled emissions. For on-
road mobile sources, the emission reductions from a measure or suite of 
measures are determined by the difference of projected future year 
emissions without and with new control measures.
    The regional nonattainment area-wide Post-1996 plan apportions 
among the District, Maryland and Virginia the amount of creditable 
emission reductions that each state must achieve in order for the 
nonattainment area to achieve, on an area wide basis, the required 9% 
reduction in VOC net of growth. The Post-1996 plan identifies the 
amount of creditable emission reductions that each state must achieve 
for the nonattainment area-wide plan to get a 9% reduction accounting 
for any growth in emissions from 1990 to 1999.\1\ Maryland and Virginia 
committed to achieving the necessary NOX and VOC reductions, 
found in Table 2 below. This proposed rulemaking action only concerns 
commitments submitted by Maryland and Virginia.
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    \1\ The plan projects all growth in emissions to 1999 from the 
1990 base year emissions inventory levels. Thus the amount of 
emission reductions needed to account for growth in VOC emissions 
from 1990 to 1999 would be the sum of the growth in emissions from 
1990 to 1996 which had to be addressed in the 15% plan plus growth 
in VOC emissions from 1996 to 1999.

         Table 2.--Emission Reduction Commitments for the Metropolitan Washington, DC Area Through 1999
                                                   [Tons/day]
----------------------------------------------------------------------------------------------------------------
                                                              District of
                                                                Columbia     Maryland     Virginia    Area total
----------------------------------------------------------------------------------------------------------------
Total VOC reduction by 1999.................................         10.6         63.7         57.2        131.5
Total NOX reduction by 1999.................................          7.2         96.8         46.6        150.6
----------------------------------------------------------------------------------------------------------------

    Because the Post-1996 plan for the Washington area was developed 
using a regional approach, the required VOC and NOX emission 
reductions for each jurisdiction have been apportioned using a ratio of 
the regional reduction requirement to the claimed creditable measures 
for the nonattainment area. This result was then multiplied by each 
jurisdiction's total creditable measures to determine its emission 
reduction requirement. EPA has determined that this apportionment of 
the emission reduction needed for ROP is approvable because the Act 
provides for interstate planning of SIPs, and because the all three 
jurisdictions have committed to achieve, in the aggregate, sufficient 
reductions to achieve this 9% requirement in the entire nonattainment 
area.

What Control Strategies Are Maryland and Virginia Including in the 
Post-1996 Plan?

    The Post-1996 plan describes the emission reduction credits that 
the Washington area jurisdictions are claiming toward their 9% 
reduction requirement. Credit towards Maryland's and Virginia's 1996 
ROP requirement will be given for state measures if only those 
reductions derive from a SIP-approved state rule. These control 
measures are described in more detail in the TSD for this rulemaking. 
The Post-1996 plan for the Washington area claims VOC and 
NOX emission reductions from the following measures:
    1. Stage I Vapor Recovery: This measure reduces VOC emissions 
during the filling of gasoline storage tanks at gasoline stations and 
other facilities where gasoline is dispensed. Maryland and Virginia 
amended state regulations to require this control measure in additional 
counties where this measure was not required in 1990. Therefore, 1.2 
TPD in emissions reductions in the Maryland and Virginia portions of 
the Washington area from Stage I are creditable towards the 9% 
reduction requirement.
    2. Seasonal Open Burning Ban: Maryland and Virginia adopted state 
regulations to ban open burning during the peak ozone season. EPA has 
determined that the 6.3 TPD VOC and 1.4 TPD NOX from this 
measure is fully creditable toward the Post-1996 VOC and NOX 
reduction requirements in the Maryland and Virginia portions of the 
Washington area.
    3. Architectural and Industrial Maintenance (AIM) Coatings 
Reformulation: This federal rule (63 FR 48819, September 11, 1998), 
which reduces emissions from architectural coatings and industrial 
maintenance coatings, allows credit for a 20% reduction in VOC 
emissions, which is 12.2 TPD for in the Maryland and Virginia portions 
of the Washington area in the Post-1996 plan. EPA has determined that 
this reduction is creditable.
    4. Consumer and Commercial Products: This federal rule (63 FR 
48848, September 11, 1998) allows states to claim a 20% reduction from 
1999 VOC emissions from 24 categories of consumer products. The Post-
1996 plan claim of 4.1 TPD in emission reductions from this measure in 
the

[[Page 62662]]

Maryland and Virginia portions of the Washington area is creditable.
    5. Autobody Refinishing: The federal rule to control VOC emissions 
from autobody refinishing (63 FR 48806, September 11, 1998) applies in 
Virginia. EPA's rule will achieve a 33% nationwide reduction or a 36% 
reduction after removal of those states that already had a rule at the 
time the baseline was determined are removed from the baseline. 
Maryland and Virginia did not have a rule at the time the baseline was 
developed. EPA can allow a 36% emissions reduction Virginia. Virginia 
claimed a 35.7% reduction. The total creditable autobody refinishing 
emissions reductions in the Post-1996 plan is 2.7 TPD in the Virginia 
portion of the Washington area. Maryland has adopted a state rule that 
has additional requirements from just the VOC content requirements of 
the federal rule. Maryland claims a 45% VOC reduction from this control 
measure which EPA finds is reasonable. The total creditable autobody 
refinishing emissions reductions in the Post-1996 plan is 3.8 TPD in 
the Maryland portion of the Washington area.
    6. Graphic Arts: Maryland and Virginia adopted state regulations to 
reduce emissions from lithographic printing operations. The VOC 
emissions reduction claimed in the Post-1996 plan from graphic arts is 
2.5 TPD in the Maryland and Virginia portions of the Washington area.
    7. Surface Cleaning Operations: Maryland and Virginia amended 
existing regulations for surface cleaning (also called cold cleaning 
and degreasing) devices and operations to require more stringent 
emission controls techniques and enlarges the universe of applicable 
sources. Maryland has adopted a state rule and claims in the Post-1996 
plan reductions of 2.9 TPD VOC from this measure in the Maryland 
portion of the Washington area. Virginia has adopted a state rule but 
claims no emission reduction benefits in the plan.
    8. Non-road Gasoline Engines Rule: This Federal measure takes 
credit for VOC emission reductions from emissions standards for small 
non-road, spark-ignition utility engines (40 CFR part 90, subpart A, 60 
FR 34598, July 3, 1995). This measure affects non-road equipment rated 
at or below 25 horsepower. Maryland and Virginia claimed reductions of 
13.1 TPD VOC in their portions of the Washington area. The rule also 
results in a 1.0 TPD increase in NOX emissions in the 
Maryland and Virginia portions of the Washington area. The VOC 
reductions are creditable toward the reduction requirement, and the 
NOX emission increase is included in the plan.
    9. Non-road Diesel Engines Rule: The Federal rule (40 CFR 89, 59 FR 
31306, June 17, 1994) controls NOX emissions from non-road, 
diesel powered utility engines, affecting diesel-powered construction 
equipment, industrial equipment, etc., rated at or above 50 horsepower. 
The Post-1996 plan claimed 6.9 TPD in NOX reductions from 
this measure, which is acceptable toward the 9% reduction requirement 
in the Maryland and Virginia portions of the Washington area.
    10. State NOX Requirements: Maryland and Virginia 
adopted state regulations to require the application of RACT on 
NOX sources in the Washington area. The Post-1996 plan 
claims a total 67.9 TPD from this NOX emission control in 
the Maryland counties in the Washington area. Elsewhere in today's 
Federal Register EPA has proposed approval of Maryland's NOX 
RACT rule. Therefore, the 67.9 TPD NOX reduction through 
1999 will be creditable toward the 9% reduction requirement once EPA 
approves Maryland's NOX RACT rule. The Post-1996 plan claims 
12.0 TPD from this NOX emission control in Northern 
Virginia. EPA has proposed full approval of Virginia's source-specific 
RACT determinations (issued pursuant to its NOX RACT 
regulation) in a recent Federal Register document (65 FR 60141). 
Therefore, the 12.0 TPD emission reductions in NOX through 
1999 will be creditable toward the 9% reduction requirement once EPA 
approves emission limitations for enough sources to fulfill Virginia's 
NOX reductions needs under the Post-1996 plan.
    11. Stage II Vapor Recovery: Maryland and Virginia adopted state 
regulations to require gasoline vapor recovery controls at gas stations 
to reduce emissions from the fueling of gasoline-powered motor 
vehicles. Thus, the 16.8 TPD reduction from Stage II in the Maryland 
and Virginia portions of the Washington area Post-1996 plan is 
creditable toward the ROP requirement.
    12. Enhanced Vehicle Inspection and Maintenance: Maryland and 
Virginia adopted state regulations to implement enhanced I/M programs. 
The Post-1996 plan uses the MOBILE5b model to determine the enhanced I/
M emission benefits. The MOBILE5b model reflects this more current 
enhanced I/M program. We are approving the 18.0 TPD VOC and 14.8 TPD 
NOX reductions from Maryland's enhanced I/M program toward 
the Post-1996 ROP requirement. We are approving the 17.9 TPD VOC and 
16.9 TPD NOX emission reduction benefits from enhanced I/M 
in the Post-1996 plan.
    13. RFG Refueling Benefits: This control measure takes credit for 
lower refueling emissions resulting from federally mandated reductions 
in gasoline volatility. The measure affects VOC emissions from light-
duty gasoline vehicles and trucks. Phase II gasoline volatility VOC 
emission reductions are associated with reformulated gasolines sold in 
Washington area. The Phase II benefit claimed in the Post-1996 plan for 
the Maryland and Northern Virginia portions of the Washington area is 
1.6 TPD VOC. EPA has determined that the emission reductions are 
creditable toward the reduction requirement of the Post-1996 plan.
    14. Reformulated Gasoline (RFG)--On road: Section 211(k) of the Act 
requires that only reformulated gasoline (RFG), designed to burn 
cleaner and produce fewer evaporative emissions, be sold and dispensed 
in severe and above ozone nonattainment areas. The Act specifies a 
minimum oxygen content of 2% and maximum 1% benzene content beginning 
in 1995. Section 211(k)(6) allows other nonattainment areas to ``opt 
in'' to the program to achieve creditable VOC emission reductions. EPA 
approved the requests of Maryland and Virginia to opt their Washington 
area counties into the RFG program. The emission reduction benefit from 
the opt-in to this Federal program in the Post-1996 plan is 13.7 TPD 
VOC and 0.2 TPD NOX in the Maryland and Northern Virginia 
portions of the Washington area from on-road mobile sources as 
determined using MOBILE5b.
    15. Reformulated Gasoline--Off-Road: The benefits of RFG will be 
realized in both on-road and off-road gasoline engines, such as lawn 
maintenance equipment and motor boats. EPA enforces this program so the 
emission reductions are fully enforceable. The VOC emission reduction 
benefit claimed for non-road RFG in the Post-1996 plan for the Maryland 
and Northern Virginia portion in the Washington area is 2.2 TPD. The 
Washington area states use the guidance provided on August 18, 1993 by 
EPA's Office of Mobile Sources on the VOC emission benefits from non-
road equipment in a nonattainment area using Federal Phase I RFG. The 
Post-1996 plan has correctly used the guidance to compute the VOC 
emission reductions for this measure. To the extent this measure 
results in quantifiable reductions before 1999, the 2.2 TPD emission 
benefit resulting from this measure are creditable toward the Post-1996 
plan.
    16. Tier 1 New Vehicle Standards: The Act requires EPA to issue 
standards

[[Page 62663]]

under the FMVCP for new motor vehicles. The first of these were 
implemented in 1994 and are called Tier 1 FMVCP. These standards 
include exhaust (``tailpipe'') emission standards and better 
evaporative emission controls demonstrated through new federal 
evaporative test procedures. EPA promulgated this program (56 FR 25724, 
June 5, 1991) so the emission reductions are fully enforceable. The 
Post-1996 plan used the MOBILE5b model to determine the emission 
benefits of 11.4 TPD VOC and 28.4 TPD NOX. These reductions 
are fully creditable toward the 9% reduction requirement.
    17. National Low Emissions Vehicle (NLEV): The National Low 
Emission Vehicle (NLEV) program is a nationwide clean car program not 
mandated by the Act, designed to reduce ground level ozone (or smog) 
and other air pollution emitted from newly manufactured motor vehicles. 
On June 6, 1997 (62 FR 31192) and on January 7, 1998 (63 FR 926), EPA 
promulgated rules outlining the framework for the NLEV program. These 
NLEV regulations allow auto manufacturers to commit to meet tailpipe 
standards for cars and light-duty trucks that are more stringent than 
EPA could otherwise mandate under the authority of the Act. The 
regulations provided that the program would come into effect only if 
Northeast states and auto manufacturers agreed to participate. On March 
9, 1998 (63 FR 11374), EPA published a finding that the program was in 
effect. Nine northeastern states including Maryland and Virginia, the 
District of Columbia, and 23 auto manufacturers had opted to 
participate in the NLEV program. Once in effect, the NLEV Program 
became enforceable in the same manner as any other Federal new motor 
vehicle emission control program.
    The NLEV Program will result in substantial reductions in VOC and 
NOX emissions which contribute to unhealthy levels of smog 
in many areas across the country. NLEV vehicles are 70% cleaner than 
those otherwise required under the Act. In the Northeast States, the 
phase-in of the NLEV vehicles began with model year 1999 vehicles. In 
addition, the program provides substantial harmonization of Federal and 
California new motor vehicle standards and test procedures, which 
enables manufacturers to move towards the design and testing of 
vehicles to satisfy one set of nationwide standards. A SIP revision 
from each participating northeastern state is required as part of the 
agreement between states and automobile manufacturers to ensure the 
continuation of the National LEV Program to supply clean cars 
throughout most of the country. On December 28, 1999, we approved 
Maryland's and Virginia's NLEV SIP (64 FR 72564). The 1.9 TPD VOC and 
1.8 TPD NOX reductions in the Maryland and Virginia portions 
of the Washington area are fully creditable toward the 9% reduction 
requirement.
    18. Transportation Control Measures (TCMs): TCMs are strategies to 
both reduce VMT and decrease the amount of emissions per VMT, and are 
considered an essential element of control strategies for nonattainment 
areas. The Act classifies TCMs as programs for improved transit, 
traffic flow, fringe parking facilities for multiple occupancy transit 
programs, high occupancy or share-ride programs, and support for 
bicycle and other non-automobile transit. The Post-1996 plan includes 
TCM projects programmed between fiscal years 1994-1999 in the 
transportation improvement plan (TIP) under the Congestion Mitigation 
and Air Quality (CMAQ) Improvement Program and funded for 
implementation in the Washington area. The specific projects the States 
are claiming credit for and the estimated benefits, totaling 0.2 TPD 
VOC and 0.4 TPD NOX, are listed in Appendix H of the 
submittal. TCMs are considered acceptable measures for states to use to 
achieve reductions. EPA has determined that the 0.2 TPD VOC and 0.4 TPD 
NOX reductions are creditable for the Post-1996 plan. EPA is 
proposing to approve into the Maryland and Virginia SIPs several TCMs 
creditable to the post-1996 and attainment demonstration.
    19. Non-CTG RACT to 50 TPY: The Act requires that moderate and 
above ozone nonattainment areas adopt rules to require RACT for all VOC 
sources in the nonattainment area, not already covered by any Control 
Technique Guideline (CTG) issued by EPA, that have potential emissions 
of greater than or equal to 50 TPY. The following table identifies RACT 
sources which Maryland and Virginia have taken credit for in the Post-
1996 plan.

                                Maryland
                        [Non-CTG RACT to 50 tpy]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Giant Food Bakery.................  SIP approved October 15, 1997 [62 FR
                                     53544] 40 CFR
                                     52.1070(c)(125)(i)(B)(4).
Bill Carins Pontiac...............  SIP approved October 15, 1997 [62 FR
                                     53544] 40 CFR 52.1070(c)(124).
Frederick Motor Co................  SIP approved October 15, 1997 [62 FR
                                     53544] 40 CFR 52.1070(c)(124).
Herb Gordon's Auto World..........  SIP approved October 15, 1997 [62 FR
                                     53544] 40 CFR 52.1070(c)(124).
Safeway Bread.....................  SIP approved October 15, 1997 [62 FR
                                     53544] 40 CFR
                                     52.1070(c)(125)(i)(B)(4).
Can Am Steel......................  Structural Steel Coating Reg.--SIP
                                     approved June 17, 1999 (64 FR
                                     32415) 40 CFR 52.1070(c)(142).
------------------------------------------------------------------------


                                Virginia
                        [Non-CTG RACT to 50 tpy]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Tuscarora Plastics................  SIP approved: 64 FR 3425 January 22,
                                     1999. 40 CFR 52.2420(c)(128).
Insulated Building Systems........  Shut-down source (January 1991).
Treasure Chest Ad.................  SIP Approved March 12, 1997 (62 FR
                                     11332) 65 FR 60141.
Cellofoam.........................  Proposed Approval October 10, 2000
                                     65 FR 60141.
------------------------------------------------------------------------

    20. RACT on Additional Sources: Maryland and Virginia adopted state 
regulations to apply RACT regulations for all CTG and non-CTG point 
sources with the potential to emit between 25 and 50 TPY VOC not 
already regulated or required to be regulated (For some CTG categories, 
the State regulations existing in 1990 already applied to sources below 
25 TPY.) Virginia has adopted state regulation but claims no emission 
reduction benefits in this plan. Maryland has identified sources below 
that claimed emission reduction credits through approved state 
regulations.

[[Page 62664]]



         Expanded State Point Source Regulations to 25 Tons/Year
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Stone Industrial..................  SIP approved March 22, 1999 (64 FR
                                     57989) 40 CFR 52.1070(c)(145).
Andrews Air Force Base--Storage     SIP approved Dec. 22, 1998, (63 FR
 and transfer requirements for       70667) 40 CFR 52.1070(c)(130).
 gasoline apply to aviation fuels
 with vapor pressure over 1.5 psi.
------------------------------------------------------------------------

    21. Landfill Emissions: This measure regulates VOC emissions from 
municipal landfills in the Washington area. In Northern Virginia, the 
emission reduction benefit is 0.3 TPD. The emission reduction is 
achieved through Virginia's SIP-approved Federally Enforceable State 
Operating Permit--FESOP program, which makes the permit federally 
enforceable and is creditable toward the 9% reduction requirement. 
Maryland has a federally approved state 111(d) plan for its municipal 
landfills. Therefore, the emission reduction benefits for this plan are 
1.2 TPD.

What Are the Total Reductions in the Post-1996 Plan?

    Tables 3 and 4 summarize the creditable measures in Maryland's and 
Virginia's Post-1996 plan.

 Table 3.--Creditable VOC Emission Reductions in the Post-1996 Plan for
                 the Metropolitan Washington, D.C. Area
                               [Tons/day]
------------------------------------------------------------------------
                    Measure                       Maryland     Virginia
------------------------------------------------------------------------
Tier 1 FMVCP..................................          5.5          5.9
RFG Refueling Benefits........................          0.9          0.7
NLEV..........................................          0.6          1.3
Reformulated Gasoline (on/off road)...........          7.9          8.0
Surface Cleaning/Degreasing...................          2.9          0.0
Autobody Refinishing..........................          3.8          2.7
AIM...........................................          6.6          5.6
Consumer Products.............................          2.2          1.9
Seasonal Open Burning Ban.....................          3.7          2.6
Graphic Arts..................................          1.0          1.5
Landfill Regulations..........................            0          0.3
Non-CTG RACT to 50 TPY........................          0.4          0.4
RACT on Additional Sources >25 TPY and 50 TPY.          0.3            0
Stage II Vapor Recovery.......................          8.9          7.9
Stage I Enhancement (excluding Loudoun County,          0.9          0.3
 VA)..........................................
Non-road Gasoline Engines Rule................          6.3          6.8
TCMs..........................................          0.1          0.1
Enhanced I/M..................................         18.0         17.9
Total Creditable Reductions...................         71.2         63.9
------------------------------------------------------------------------


 Table 4.--Creditable NOX Emission Reductions in the Post-1996 Plan for
                  the Metropolitan Washington, DC Area
                               [Tons/day]
------------------------------------------------------------------------
                    Measure                       Maryland     Virginia
------------------------------------------------------------------------
Enhanced I/M..................................         14.8         16.9
Tier 1........................................         13.7         14.7
NLEV..........................................          0.3          1.5
Reformulated Gasoline (on-road)...............          0.1          0.1
Non-road Gasoline Engines.....................         -0.4         -0.5
Non-road Diesel Engines.......................          3.7          3.2
State NOX RACT................................         67.9         12.0
Open Burning Ban..............................          0.8          0.6
TCMs..........................................          0.2          0.2
Total Creditable Reductions...................        101.1         48.7
------------------------------------------------------------------------

    Based upon the measures listed in the above tables, EPA has 
determined the Post-1996 plan submitted by Maryland and Virginia for 
the Washington area will achieve the required reductions to enable 
Maryland and Virginia to meet its reduction commitments in the Post-
1996 plan for the Metropolitan Washington, DC area. Thus, Maryland's 
and Virginia's Post-1996 plans meet the 9% VOC emission reduction of 
the requirements of the Act.

What Are the Transportation Conformity Budgets in the Post-1996 
Plan?

    Under EPA's transportation conformity rule, the Post-1996 plan is a 
control strategy SIP under the Transportation Conformity Rule (62 FR 
43779, August 15, 1997). A control

[[Page 62665]]

strategy SIP establishes budgets to which federally funded and approved 
transportation projects and plans must conform. The Post-1996 plan 
establishes VOC and NOX budgets for the Washington area that 
are applicable for determinations for 1999 and are applicable in later 
years in the absence of other applicable budgets. The Post-1996 plan 
adopts and establishes the following transportation conformity budgets 
for the entire Washington area: a VOC budget for 1999 of 128.5 TPD, and 
a NOX budget for 1999 of 196.4 TPD. On August 11, 1999, we 
announced that these motor vehicle emissions budgets were adequate for 
transportation conformity purposes effective August 26, 1999 (64 FR 
43698, August 11, 1999) EPA's proposed action is to propose approval of 
these budgets for the Metropolitan Washington, DC area into the 
Maryland and Virginia SIP.

Virginia's Immunity Law

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1997, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
federally authorized environmental programs in a manner that is no less 
stringent than their federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding section 10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1997 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
federal law, which is one of the criteria for immunity.'' Therefore, 
EPA has determined that Virginia's Privilege and Immunity statutes will 
not preclude the Commonwealth from enforcing its program consistent 
with the federal requirements. In any event, because EPA has also 
determined that a state audit privilege and immunity law can affect 
only state enforcement and cannot have any impact on federal 
enforcement authorities, EPA may at any time invoke its authority under 
the Clean Air Act, including, for example, sections 113, 167, 205, 211 
or 213, to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the Clean Air Act is likewise 
unaffected by this, or any, state audit privilege or immunity law.

II. Proposed Action

    EPA is proposing approval of the Post-1996 plan submitted by the 
State of Maryland for the Metropolitan Washington, D.C. ozone 
nonattainment area. EPA is proposing to approve into the Maryland SIP 
eleven (11) TCMs creditable to the post-1996 ROP and attainment 
demonstration.

III. Proposed Action

    EPA is proposing approval of the Post-1996 plan submitted by the 
Commonwealth of Virginia for the Virginia portion of the Metropolitan 
Washington, D.C. ozone nonattainment area. EPA is proposing to approve 
into the Virginia SIP ten (10) TCMs creditable to the post-1996 ROP and 
attainment demonstration.
    Written comments must be received on or before November 9, 2000. 
EPA calls your attention to the November 9, 2000 deadline date for 
submittal of comments on this proposed action to approve these SIP 
revisions submitted by the Commonwealth of Virginia and the State of 
Maryland. The EPA is providing a shortened time period for comment for 
two reasons. As an initial matter, these revisions are non-
controversial and EPA does not expect comment because all of the 
creditable reductions were calculated in accordance with EPA guidance 
from Federal measures or SIP-approved measures. Moreover, these SIP 
revisions are necessary for full approval of the attainment 
demonstration SIP for the Metropolitan Washington, D.C. ozone 
nonattainment area. The EPA is currently under an obligation to 
complete rulemaking by November 15, 2000 fully approving the attainment 
demonstration for the Metropolitan Washington, D.C. ozone nonattainment 
area or, in the alternative, proposing a Federal implementation plan.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This action merely proposes to approve state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4). For the same reason, this proposed rule also 
does not significantly or uniquely affect the communities of tribal 
governments, as

[[Page 62666]]

specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This 
proposed rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely proposes to approve a state 
rule implementing a Federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed rule regarding Maryland's and Virginia's Post-1996 plan 
for the Washington area does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 13, 2000.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 00-26907 Filed 10-18-00; 8:45 am]
BILLING CODE 6560-50-P