[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Proposed Rules]
[Pages 50964-50965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20779]



[[Page 50964]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0152; FRL-9718-6]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; the 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve the fine particulate matter 
(PM2.5) 2002 base year emissions inventory portion of the 
District of Columbia State Implementation Plan (SIP) revision submitted 
by the District of Columbia, through the District Department of the 
Environment (DDOE), on April 2, 2008. The emissions inventory is part 
of the District of Columbia's April 2, 2008 SIP revision that was 
submitted to meet nonattainment requirements related to the District of 
Columbia's portion of the Washington DC-MD-VA nonattainment area 
(hereafter referred to as DC Area or Area) for the 1997 
PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA 
is proposing to approve the 2002 base year PM2.5 emissions 
inventory submitted by DDOE in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before September 24, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0152 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2010-0152, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0152. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the District of Columbia Department of the 
Environment, Air Quality Division, 1200 1st Street NE., 5th floor, 
Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA published the 
1997 PM2.5 NAAQS, including an annual standard of 15.0 
[micro]g/m\3\ based on a 3-year average of annual mean PM2.5 
concentrations, and a 24-hour (or daily) standard of 65 [micro]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA established the standards based on significant 
evidence and numerous health studies demonstrating that serious health 
effects are associated with exposures to PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and, by January 2001, established a complete set of air-quality 
monitors. On January 5, 2005, EPA published initial air-quality 
designations for the 1997 PM2.5 NAAQS (70 FR 944), which 
became effective on April 5, 2005, based on air-quality monitoring data 
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the 
agency's initial designations (70 FR 19844), with the same effective 
date (April 5, 2005) as that which was promulgated at 70 FR 944. As a 
result of this supplemental rule, PM2.5 nonattainment 
designations are in effect for 39 areas, comprising 208 counties within 
20 states (and the District of Columbia) nationwide, with a combined 
population of approximately 88 million. The DC Area which is the 
subject of this rulemaking was included in the list of areas not 
attaining the 1997 PM2.5 NAAQS.
    On January 12, 2009 (74 FR 1146), EPA determined that the District 
of Columbia had attained the 1997 PM2.5 NAAQS in the DC 
Area. That determination was based upon quality assured, quality 
controlled and certified ambient air monitoring data that showed the 
Area had monitored attainment of the 1997 PM2.5 NAAQS for 
the 2004-2006 monitoring period and that continued to show attainment 
of the 1997 PM2.5 NAAQS based on the 2005-2007 data. The 
January 12, 2009 determination suspended the requirements for the 
District of Columbia to submit an attainment demonstration, associated 
reasonably available control measures, a reasonable further progress 
plan, contingency measures, and other planning SIP revisions related to 
attainment of the standard for so long as the nonattainment area 
continues to meet the 1997 PM2.5 NAAQS. On February 6,

[[Page 50965]]

2012, DDOE submitted a request for withdrawal of the District of 
Columbia 1997 PM2.5 SIP revisions including the withdrawal 
of the attainment plan, analysis of reasonably available control 
measures, attainment demonstration, contingency plans and mobile source 
budgets. To meet the requirements of CAA section 172(c)(3), DDOE did 
not request the withdrawal of the 2002 base year emission inventory 
portion of the 1997 PM2.5 SIP revisions. Section 172(c)(3) 
of the CAA requires submission and approval of a comprehensive, 
accurate, and current inventory of actual emissions.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by DDOE on April 2, 
2008 includes emissions estimates that cover the general source 
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise 
the inventory are nitrogen oxides (NOX), volatile organic 
compounds (VOCs), PM2.5, coarse particles (PM10), 
ammonia (NH3), and sulfur dioxide (SO2). EPA has 
reviewed the results, procedures and methodologies for the base year 
emissions inventory submitted by DDOE. The year 2002 was selected by 
DDOE as the base year for the emissions inventory per 40 CFR 
51.1008(b). A discussion of the emissions inventory development as well 
as the emissions inventory can be found in Appendix B of the April 3, 
2008 SIP submittal.
    Table 1 provides a summary of the annual 2002 emissions of 
NOX, VOCs, PM2.5, PM10, 
NH3, and SO2 which were included in the District 
of Columbia submittal.

                                                 Table 1--Emissions of Pollutants in Tons per Year (TPY)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Pollutant                            NOX              VOCs            PM2.5             PM10             NH3              SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions (TPY)...................................       15,401.08        15,877.34         1,076.58         3,395.81           407.08         3,597.33
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The CAA section 172(c)(3) emissions inventory is developed by the 
incorporation of data from multiple sources. States were required to 
develop and submit to EPA a triennial emissions inventory according to 
the Consolidated Emissions Reporting Rule (CERR) for all source 
categories (i.e., point, area, nonroad mobile and on-road mobile). The 
2002 emissions inventory was based on data developed by DDOE and the 
Metropolitan Washington Council of Government (MWCOG). The data were 
developed according to current EPA emissions inventory guidance, 
``Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter NAAQS and Regional Haze Regulations,'' August 2005. 
EPA agrees that the process used to develop this emissions inventory is 
adequate to meet the requirements of CAA section 172(c)(3), the 
implementing regulations, and EPA guidance for emission inventories. 
More information regarding the review of the base year inventory can be 
found in the technical support document (TSD) titled ``2002 SIP Base 
Year Inventory'' that is located in this docket.

IV. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory 
portion of the SIP revision submitted by the District of Columbia 
through DDOE on April 2, 2008. We have made the determination that this 
action is consistent with section 110 of the CAA. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to the PM2.5 
2002 base year emissions inventory portion of the District of Columbia 
SIP, does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), because the SIP is not approved 
to apply in Indian country located in the state, and EPA notes that it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: August 8, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-20779 Filed 8-22-12; 8:45 am]
BILLING CODE 6560-50-P