[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Proposed Rules]
[Pages 17161-17168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06421]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0132; FRL- 9792-3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland and Virginia; Attainment Demonstration 
for the 1997 8-Hour Ozone National Ambient Air Quality Standard for the 
Washington, DC-MD-VA Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the attainment demonstration 
portion of the attainment plan submitted by the District of Columbia, 
the State of Maryland and the Commonwealth of Virginia as revisions to 
each of their State Implementation Plans (SIPs). These revisions 
demonstrate attainment of the 1997 8-hour ozone national ambient air 
quality standard (1997 ozone NAAQS) for the Washington, DC-MD-VA, 
moderate nonattainment area (the Washington Area) by the applicable 
attainment date of June 2010. EPA has determined that each of the three 
SIP revisions meet the applicable requirements of the Clean Air Act 
(CAA). This action is being taken in accordance with the CAA.

DATES: Written comments must be received on or before April 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0132 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-2013-0132, Cristina Fernandez, Associate 
Director, Office of Air Planning Program, 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-
2013-0132. 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 States' 
submittals are available at the District of Columbia, Department of the 
Environment, Air Quality Division, 1200 1st Street NE., 5th floor, 
Washington, DC 20002; Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the 
Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps, (215) 814-2179, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: The following is provided to aid in locating 
information in this preamble.

I. Summary of Proposed Action
II. Background Information
III. CAA Requirements for Moderate 8-Hour Ozone Nonattainment Areas
IV. Description of the States' SIP Submittals
V. EPA's Review of the States' Modeled Attainment Demonstration and 
Weight of Evidence Analysis for the Washington Area
VI. Description of the Control Measures and Emission Reductions 
Included in the Plan for Attainment and Contingency Measures
VII. Transportation Conformity Budgets
VIII. Proposed Action
IX. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    EPA is proposing to approve the attainment demonstration, failure 
to

[[Page 17162]]

attain contingency measures elements and the associated motor vehicle 
emission budgets (MVEBs) of the SIP revisions submitted by the District 
of Columbia, the State of Maryland and the Commonwealth of Virginia 
(hereafter ``the 3 States'' \1\) to EPA on June 12, 2007, June 4, 2007 
and June 12, 2007, respectively (hereafter the ``June 2007 SIP 
revisions''). The June 2007 SIP revisions included, among other things, 
the attainment plan and failure-to-attain contingency measures elements 
for the 1997 ozone NAAQS in the Washington Area. With the June 2007 SIP 
revisions, the 3 States submitted an attainment demonstration for the 
Washington Area and its associated proposed MVEBs used for 
transportation conformity purposes in the Washington Area. With the 
June 2007 SIP revisions, the 3 States also submitted a 2002 base year 
emissions inventory, an analysis of reasonably available control 
measures/reasonably available control technology (RACM/RACT), the 2008 
reasonable further progress (RFP) plan and its associated MVEBs for 
2008, and contingency measures. The RFP plan with its MVEBs, the RACM/
RACT analysis, the 2002 base year emissions inventory, and contingency 
measures for any failure to make RFP in the June 2007 SIP revisions 
were approved by EPA on September 20, 2011 (76 FR 58116) (the 
``September 20, 2011 final rule''). Therefore, in this action, EPA is 
only proposing to approve what remains from the June 2007 SIP revisions 
including the attainment demonstration, failure to attain contingency 
measures, and the associated MVEBs for the 1997 ozone NAAQS for the 
Washington Area.
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    \1\ Section 302(d) confers upon the District of Columbia the 
same rights and responsibilities for air pollution control as the 50 
states.
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    EPA has determined that the 3 States' attainment demonstration 
meets the applicable requirements of the CAA because it demonstrates 
attainment by the applicable attainment date of June 15, 2010. EPA's 
analysis and findings are discussed in this proposed rulemaking. In 
addition, a technical support document (TSD) for this proposal entitled 
``Technical Support Document for Approval and Promulgation of Air 
Quality Implementation Plans; District of Columbia, Maryland and 
Virginia; Attainment Demonstration for the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Washington, DC-MD-VA Moderate 
Nonattainment Area'' (referred to hereafter as the ``Attainment TSD'') 
is available on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2013-0132. The Attainment TSD provides additional explanation on EPA's 
analysis supporting this proposed approval of the attainment 
demonstration.

II. Background Information

A. Background on the 1997 Ozone NAAQS and Designation of the Washington 
Area

    On July 18, 1997 (62 FR 38856), EPA promulgated the 1997 ozone 
NAAQS which revised the health-based NAAQS for ozone by setting the 
NAAQS at 0.08 parts per million (ppm) averaged over an 8-hour time 
frame. EPA set the 1997 ozone NAAQS based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time than was understood when 
the pre-existing 1-hour ozone standard was set. EPA determined that the 
1997 ozone NAAQS would be more protective of human health, especially 
for children and adults who are active outdoors, and individuals with a 
pre-existing respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized the attainment/
nonattainment designations for areas across the country with respect to 
the 1997 ozone NAAQS. These actions became effective on June 15, 2004. 
Among those nonattainment areas was the Washington Area. The Washington 
Area is comprised of: the entire District of Columbia (the District); a 
portion of Maryland (Calvert, Charles, Frederick, Montgomery, and 
Prince George's Counties); and a portion of Virginia (Alexandria City, 
Arlington County, Fairfax City, Fairfax County, Falls Church City, 
Manassas and Manassas Park Cities, and Prince William County).
    In addition, on April 30, 2004 (69 FR 23951), EPA promulgated its 
Phase 1 Implementation Rule which provided how areas designated 
nonattainment for the 1997 ozone NAAQS would be classified using the 
design value for each nonattainment area. Based upon its design value 
for the three-year period 2001-2003, the Washington Area was classified 
as a moderate ozone nonattainment area under the 1997 ozone NAAQS. See 
40 CFR 81.309, 81.321, and 81.347.
    Moderate areas are required to attain the 1997 ozone NAAQS by no 
later than six years after designation. Therefore, the Washington Area 
was to attain by no later than June 15, 2010. See 40 CFR 51.903 and 69 
FR 23951, April 30, 2004.

B. Actions Regarding Determination of Attainment of the 1997 Ozone 
NAAQS by the Washington Area

    On February 28, 2012 (77 FR 11739), EPA published two 
determinations regarding the 1997 ozone NAAQS for the Washington Area. 
First, EPA made a clean data determination that the Washington Area had 
attained the 1997 ozone NAAQS.
    This determination was based upon complete, quality assured, and 
certified ambient air monitoring data that showed the Washington Area 
had monitored attainment of the 1997 ozone NAAQS for the 2008-2010 
monitoring period. Ambient air monitoring data for the 2009-2011 
monitoring period is consistent with continued attainment. Second, 
pursuant to section 181(b)(2)(A) of the CAA, EPA made a determination 
of attainment that the Washington Area had attained the 1997 ozone 
NAAQS by its attainment date of June 15, 2010 as required by section 
181 of the CAA as interpreted by the implementation rule (40 CFR 
51.903) for the 1997 ozone NAAQS.
    Even though the attainment date for the Washington Area has passed 
and the area has in fact attained the 1997 ozone NAAQS by that date, 
EPA believes that approval of the attainment demonstration and 
contingency measures plan in the June 2007 SIP revisions is important 
because such approval strengthens the ozone SIP of each of the 3 States 
by reserving reductions from various measures for air quality purposes 
and by approving lower MVEBs into the SIP than those associated with 
the 2008 RFP plan.

C. Adequacy of the 2009 and 2010 MVEBs

    EPA conducted the process to determine the adequacy of the MVEBs 
for the entire Washington Area associated with the attainment 
demonstration portions of the June 2007 SIP revisions for the 
Washington Area. On September 27, 2012, EPA posted a notice on EPA's 
Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-day public comment period 
on the adequacy of the MVEBs for the Washington Area in the June 2007 
SIP revisions' attainment demonstration for the Washington Area. That 
notice informed the public of the availability of the June 2007 SIP 
revisions. EPA's public comment period closed on October 29, 2012, and 
no comments were received. EPA published a notice of adequacy in the 
Federal Register on February 7, 2013 (78 FR 9044) which announced EPA 
had

[[Page 17163]]

determined that the MVEBs were adequate. EPA's determination that the 
2009 and 2010 MVEBs in the June 2007 SIP revisions has the effect of 
making the 2009 volatile organic compounds (VOC) and 2010 nitrogen 
oxides (NOX) MVEBs the MVEBs applicable for transportation 
conformity purposes as of February 22, 2013. This proposed action, if 
issued as a final rule, would approve these budgets into the ozone SIP 
of each of the 3 States.

III. CAA Requirements for Moderate 8-Hour Ozone Nonattainment Areas

    Pursuant to the Phase 1 Implementation Rule, the Washington Area 
was classified under subpart 2 as a moderate nonattainment area. On 
November 29, 2005 (70 FR 71612), EPA promulgated the second phase of 
the implementation rule (Phase 2 Implementation Rule) for the 1997 
ozone NAAQS. The Phase 2 Implementation Rule set forth the submission 
deadlines and the remaining substantive requirements for the attainment 
demonstration, contingency measures and RFP requirements of section 
172(c) as supplemented by section 182(b) of the CAA.
    The Phase 2 Implementation Rule addressed the control obligations 
that apply to areas classified under subpart 2. Among other things, the 
Phase 1 and 2 Implementation Rules outline the required SIP elements 
and deadlines for those various requirements in areas designated as 
moderate nonattainment.
    The requirements regarding a demonstration of attainment of the 
1997 ozone NAAQS are:
    1. A demonstration that the SIP contains enough reductions in VOC 
emissions and NOX emissions to attain the 1997 ozone NAAQS 
as expeditiously as practicable but no later than June 15, 2010. See 
section 172(c)(1) as amended by section 182(b)(1) as codified in 40 CFR 
51.908. However, because compliance with the 1997 ozone NAAQS must be 
determined using three years of complete, quality-assured air quality 
monitoring data, any determination of attainment by June 15, 2010 would 
have to be made upon the most recent three years of air quality 
monitoring data available which would be 2007, 2008 and 2009. For this 
reason, the Phase 1 Implementation Rule (40 CFR 51.908) required that 
the emission reduction measures needed to be implemented no later than 
the beginning of the 2009 ozone season and that the MVEBs associated 
with the attainment demonstration be for 2009. As a result, the 
modeling demonstration needed to use projected 2009 emissions 
inventories reflecting the control strategies and predicted 2009 design 
values;
    2. A demonstration that the SIP provides for the implementation of 
all RACM (including at a minimum RACT on existing sources). Section 
172(c)(1) includes two elements: (a) Under section 172(c)(1) RACM/RACT, 
a state must ``consider all potentially available measures to determine 
whether they [a]re reasonably available for implementation in the area, 
and whether they would advance the [area's] attainment date.'' See 66 
FR 585, 608 (January 3, 2001); and (b) under CAA section 182(b)(2), the 
CAA sets a requirement for RACT not related to expeditious attainment 
but requires a State adopt rules for any category of VOC sources for 
which EPA has issued a control technique guideline (CTG) and for any 
other major stationary sources of VOC emissions in the area. Section 
182(f) extends the requirement for RACT under section 182(b)(2)(C) to 
any major stationary sources of NOX emissions in the area.
    3. A demonstration that the SIP provides a minimum RFP towards 
attainment by reducing baseline emissions of VOC and/or NOX 
by 15 percent before December 31, 2008 and contains adequate MVEBs for 
2008;
    4. A 2002 baseline inventory from which the 15 percent reduction in 
baseline emissions is to be determined; and
    5. Specific measures to be undertaken if the area fails to: (a) 
attain the 1997 ozone NAAQS by June 15, 2010, or (b) fails to achieve 
RFP. See section 179(c)(9).
    6. Adequate MVEBs: \2\ In the case of moderate nonattainment areas 
under the 1997 ozone NAAQS, RFP plans and attainment demonstrations 
must contain adequate MVEBs for 2008 and 2009, respectively. In the 
June 2007 SIP revisions, the 3 States also included a 2010 MVEB for 
NOX as part of the contingency plan to address a failure to 
attain.
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    \2\ See 64 FR 70460 at 70465, December 16, 1999 and 70 FR 6796 
at 6799, February 9, 2005, citing CAA section 176(c)(2)(A).
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IV. Description of the States' SIP Submittals

    In the June 2007 SIP revisions, the 3 States submitted a 
comprehensive attainment plan for the 1997 ozone NAAQS. The June 2007 
SIP revisions included an attainment demonstration with 2009 MVEBs, the 
RFP plan with 2008 MVEBs, a RACM/RACT analysis, the 2002 base year 
emissions inventory, and contingency measures for any failure to make 
RFP. This rulemaking action only addresses the portions of the June 
2007 SIP revisions not previously approved by EPA including the 
attainment demonstration, contingency measures for failure to attain, 
and associated 2009 and 2010 MVEBs. By a separate and concurrent 
process, EPA had already determined that the 2009 and 2010 MVEBs 
associated with the ozone attainment demonstration and contingency 
measures portions in the June 2007 SIP revisions are adequate. In this 
proposed rule, EPA proposes to approve those 2009 and 2010 MVEBs into 
the SIPs of each of the 3 States. As stated in section I of this 
document, the other elements--including the RFP plan with MVEBs, a 
RACM/RACT analysis, the 2002 base year emissions inventory, and 
contingency measures for any failure to make RFP--in the June 2007 SIP 
revisions were approved by the September 20, 2011 final rule.

V. EPA's Review of the States' Modeled Attainment Demonstration and 
Weight of Evidence Analysis for the Washington Area

    Section 110(a)(2)(K) of the CAA requires states to prepare air 
quality modeling to show how they will meet ambient air quality 
standards. EPA determined that areas classified as moderate or above 
must use photochemical grid modeling or any other analytical method 
determined by the Administrator to be at least as effective to 
demonstrate attainment of the ozone health-based standard by the 
required attainment date. See 40 CFR 51.908. On April 30, 2004 (69 FR 
23951 and 40 CFR 51.903), EPA specified how areas would be classified 
with regard to the 8-hour ozone standard set by EPA in 1997. On April 
30, 2004 (69 FR 23858), EPA followed these procedures and classified 
the Washington Area as moderate, and the nonattainment area was 
required to attain the 1997 ozone NAAQS by June 2010. Because the 
attainment date was June 2010 for moderate areas, states had to achieve 
emission reductions by the ozone season of 2009 in order for ozone 
concentrations to be reduced and show attainment during the last 
complete ozone season before the 2010 deadline.

A. EPA Guidance for Using Models To Determine Attainment

    EPA's photochemical modeling guidance is found at Guidance on the 
Use of Models and Other Analyses for Demonstrating Attainment of Air 
Quality Goals for Ozone, PM2.5, and Regional Haze, EPA-454/
B-07-002, April 2007. The photochemical modeling guidance is divided 
into two parts. One part describes how to use a

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photochemical grid model for ozone to assess whether an area will come 
into attainment of the air quality standard. A second part describes 
how the user should perform supplemental analyses, using various 
analytical methods, to determine if the model over predicts, under 
predicts, or accurately predicts the air quality improvement projected 
to occur by the attainment date. The guidance indicates that states 
should review these supplemental analyses, in combination with the 
modeling analysis, in a ``weight of evidence'' assessment to determine 
whether each area is likely to achieve timely attainment.
    A description of how the attainment demonstration from the June 
2007 SIP revisions addresses this EPA modeling guidance for a modeled 
attainment demonstration can be found in the Attainment TSD titled 
``Technical Support Document for Approval and Promulgation of Air 
Quality Implementation Plans; District of Columbia, Maryland and 
Virginia; Attainment Demonstration for the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Washington, DC-MD-VA Moderate 
Nonattainment Area,'' available on line at www.regulations.gov, Docket 
number EPA-R03-OAR-2013-0132.
    In the June 2007 SIP revisions, the photochemical grid model used 
projected emissions for 2009, including emission changes due to 
regulations the 3 States and neighboring states were planning to 
implement or had already implemented and due to expected growth by the 
2009 ozone season. Meteorological conditions from 2002, the same as the 
base year modeling, were used in the projection modeling for 2009. 
Using base case meteorology allows the effect of changes in states' 
emissions to be determined without being influenced by yearly 
fluctuations in meteorology and is consistent with EPA guidance.
    The attainment test used in the Washington Area modeling 
demonstration involved the application of model-based relative response 
factors (RRFs) to base year design values at each monitor to produce 
projected future year design values for 2009. The projected 2009 design 
values represent design values that should result from emission 
controls the 3 States and other states planned to have in place in 
2009. As discussed in the Attainment TSD, the 2009 design values should 
be less than or equal to 84 parts per billion (ppb) at all monitoring 
stations to meet the attainment test. The SIP modeling predicts that in 
2009, the Washington Area will not pass the attainment test because the 
design values at two monitors are projected to be 1 or 2 ppb over the 
84 ppb standard.
    In summary, the basic photochemical grid modeling presented in the 
3 States' June 2007 SIP revisions meets EPA's guidelines and when used 
with the methods recommended in EPA's modeling guidance, is acceptable 
to EPA. However, when EPA's attainment test is applied to the modeling 
results, two of the seventeen monitors in the Washington Area had 2009 
projected ozone design values predicted to exceed the 84 ppb standard 
with design values of 85 and 86 ppb. Thus, based solely upon 
consideration of EPA's modeled attainment test, the 3 States have not 
conclusively demonstrated that the Washington Area will reach 
attainment of the 1997 ozone NAAQS in the attainment year with the 
modeled emission reduction strategies committed to by the 3 States and 
neighboring states. Therefore, a weight of evidence (WOE) analysis was 
used by the 3 States and reviewed by EPA to demonstrate attainment of 
the 1997 ozone NAAQS in the Washington Area in accordance with EPA 
guidance.

B. Weight of Evidence Demonstration

    EPA's modeling guidance describes how to use a photochemical grid 
model and additional analytical methods to complete a WOE analysis to 
estimate if emissions control strategies will demonstrate attainment of 
the 1997 ozone NAAQS. This modeling guidance recommends a WOE analysis 
beyond basic supplemental analyses if any future predicted design 
values fall within the range of 82 to 87 ppb (inclusive). Only four 
monitors in the Washington Area had model-predicted 2009 design values 
within this range. The rest of the monitors in the Washington Area had 
model-predicted design values of 81 ppb or less. A WOE analysis is a 
supporting analysis that helps to determine if the results of the 
photochemical modeling system are correctly (or not correctly) 
predicting future air quality. The WOE analysis presented in the 3 
States' June 2007 SIP revisions describes the analyses performed, 
databases used, key assumptions and outcomes of each analysis, and why 
the evidence, viewed as a whole, supports a conclusion that the 
Washington Area will attain the 1997 ozone NAAQS despite the model 
prediction that some monitors' future design values exceed the levels 
of the 1997 ozone NAAQS.
    EPA's review of the 3 States' WOE analysis in the Attainment TSD 
includes the following: (1) A comparison of model-predicted 2009 ozone 
design values to monitored design values for 2003-2011; (2) an analysis 
of recent ozone trends in the Washington Area; and (3) alternative 
methods for calculating the predicted 2009 ozone design value using 
modeling results. Further, in the Attainment TSD, EPA's analysis 
concurs with the 3 States' analysis of significant declining trends for 
the ozone design values, number of exceedances, ratio of exceedance 
days to days with a maximum ambient temperature over 90 degrees 
Fahrenheit and spatial extent of exceedances of the 1997 ozone NAAQS in 
the Washington Area.
    As discussed in detail in the Attainment TSD, the 3 States' 
attainment demonstration also asserted an alternative baseline 
concentration could be used to demonstrate attainment. However, EPA 
determined in the Attainment TSD that the modeling would still not pass 
the basic modeled attainment test even with this alternative baseline 
value. Likewise, EPA determined in the Attainment TSD that the 3 
States' recalculation of 2009 modeled ozone design values with a 
relative response factor calculated using the alternative methods 
presented in the 3 States' June 2007 SIP revisions reduced the modeled 
2009 ozone design values slightly but not always below 85 ppb. The 3 
States presented a range of predicted 2009 design values based upon the 
modeling in terms of maximum and minimum predicted 2009 design values. 
All of the minimum values were 82 ppb and lower but three of the 
maximum values were 85 ppb or above. The 3 States' methodology can 
yield up to nine separate 2009 predicted design values within the 
range. For all but one monitor, the average value for the nine separate 
2009 predicted design values were below 85 ppb.
    As discussed in the Attainment TSD, EPA concurs that the model over 
predicted 2009 ozone design values relative to the actual monitored 
2009 to 2011 design values for most cases and always for those four 
monitors for which the modeled design values were in the range of 82 to 
87 ppb when determined using EPA's preferred method for calculating the 
baseline design value and the relative response factor. The Attainment 
TSD notes that monitored ozone design values for each of the Washington 
Area monitors continued to decline and that each monitor continued to 
show attainment in 2010 and 2011.
    In conclusion, in the Attainment TSD, EPA determined with the 
benefit of 2009 monitored design values that the model in the 3 States' 
June 2007 SIP revisions over predicted 2009 predicted

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design values when compared to actual monitored design values since 
2009. EPA has determined that the 3 States' photochemical grid modeling 
results predict a 2009 projected design value at most 2 ppb above the 
1997 ozone NAAQS for the Washington Area. However, after taking into 
account WOE arguments regarding model over prediction of the 2009 
monitored design values, recent ozone design value trends, and the 
Washington Area's attainment of the standard by 2010, EPA has 
determined that the 3 States' June 2007 SIP revisions demonstrate 
attainment of the ozone standard by the attainment date of June 2010 as 
discussed in detail in the Attainment TSD.

VI. Description of the Control Measures and Emission Reductions 
Included in the Plan for Attainment and Contingency Measures

A. RFP Measures

    All of the measures which were used to demonstrate RFP in the June 
2007 SIP revisions are part of the measures for obtaining the 
reductions needed for attainment. These are described in the TSD 
prepared for the approval of the RFP plan.\3\ The RFP plan relied 
solely upon VOC reductions from these measures. See Table 6 in the June 
30, 2011 notice of proposed rulemaking (NPR) (73 FR 38334, 38337) for 
the September 20, 2011 final rule approving the RFP plan. Some of these 
measures also provide reductions in NOX emissions as well. 
These include most of the Federal nonroad and on-road mobile sources 
emissions standards and other on-road mobile sources controls such as 
enhanced motor vehicle inspection and maintenance (I/M) programs or the 
transportation control measures. Most of the contingency measure 
reductions to address any failure to achieve RFP were NOX 
reductions. See Section II.E of the June 30, 2011 NPR (73 FR 38334, 
38337-38338).
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    \3\ Refer to ``Technical Support Document--District of Columbia, 
Maryland, and Virginia; 2002 Base Year Emissions Inventory, 
Reasonable Further Progress Plan, Contingency Measures, Reasonably 
Available Control Measures, and Transportation Conformity Budgets 
for the Metropolitan Washington, DC 1997 8-Hour Ozone Moderate 
Nonattainment Area,'' dated May 26, 2011, a copy of which has been 
included in the docket for this proposed rule.
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    Most of the RFP plan measures also provide additional VOC 
reductions in the 2009 attainment year over and above those projected 
for the RFP year of 2008. These include Federal nonroad and on-road 
mobile sources emissions standards and area source rules such as those 
covering portable fuel containers, older vehicles and engines.

B. Additional Measures Beyond the RFP Plan

    The attainment demonstration for the Washington Area relied upon 
some additional measures beyond those used to demonstrate RFP. Some of 
the RFP measures also provide reductions in NOX emissions in 
addition to the VOC reductions credited towards the RFP requirement.
    These included amending existing state regulations for area source 
categories to add emission standards for additional categories of 
consumer products and stricter standards for previously regulated 
products such as portable fuel containers. Also, the 3 States adopted 
regulations for industrial adhesives and sealants. Specifically, the 
attainment plan also relied upon the following new measures:
    1. Regulations controlling VOC emissions from industrial adhesives 
and sealants in Maryland and Virginia conforming to the emission 
standards of a ``model rule'' prepared by the Ozone Transport 
Commissions (OTC);
    2. Stricter standards representing a second ``phase'' of control by 
Virginia on VOC emissions from portable fuel containers conforming to 
those of a ``model rule'' prepared by the OTC; and
    3. Emissions standards for additional classes of consumer products 
in a second ``phase'' of VOC control by Virginia on VOC emissions 
conforming to those of a ``model rule'' prepared by the OTC.
    All of these rules have been fully approved by EPA into the 
applicable State SIP. See 76 FR 64237 (October 18, 2011) and 76 FR 
51925 (August 19, 2011) (regarding Maryland adhesives and sealants 
rule), and 77 FR 3928 (January 26, 2012) and 76 FR 69214 (November 8, 
2011) (regarding Virginia's adhesives and sealants rule, phase 2 
portable fuel containers rule, and phase 2 consumer products rule).
    Maryland also instituted a second phase of control on consumer 
products and portable fuel containers conforming to a ``model rule'' 
prepared by the OTC, but Maryland's rules required compliance before 
the end of calendar year 2008 and so are not rules beyond those for the 
RFP plan.\4\
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    \4\ The District of Columbia committed to adopting and 
submitting as a SIP revision regulations conforming to those of the 
``model rules'' prepared by the OTC for these similar categories, 
but any emission reductions arising from these measures in the 
District were not applied to the emissions reductions upon which the 
attainment modeling and contingency measure demonstration relied.
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    In addition, some of emission reductions in the contingency plan 
for a failure to achieve adequate RFP by the end of calendar year 2008 
provide part of the reductions for the attainment demonstration. These 
are emission reductions in the Washington Area scheduled to occur after 
2008 but during 2009 such as the portable fuel containers rules 
(additional reductions occurring as a result of rule phases 1 and 2) 
and reductions from beyond RACT level control of NOX 
sources. Table 1 provides a summary of the attainment plan's measures 
and the projected 2009 emission reductions.

Table 1--Control Measures and 2009 Emission Reductions in the Washington
                                  Area
------------------------------------------------------------------------
                                           Reductions (tons per day)
            Source sector            -----------------------------------
                                             VOC               NOX
------------------------------------------------------------------------
Point Source Measures...............              0.00            128.76
Area Sources Measures...............             36.97              0.00
Nonroad Measures (NONROAD Model)....             42.44             14.76
Locomotive Standards................              0.06              2.74
On-road Measures (MOBILE Model).....              7.17             37.63
Transportation Control Measures.....              0.18              0.45
Voluntary Bundle....................              0.19              0.30
                                     -----------------------------------
    Totals..........................             87.01            184.64
------------------------------------------------------------------------


[[Page 17166]]

D. Contingency Plan Reductions

    Section 172(c)(9) of the CAA requires that SIPs contain additional 
contingency measures that will take effect without further action by 
the state or EPA if an area fails to attain an ambient air quality 
standard by the applicable attainment date or fails to achieve 
sufficient RFP.\5\ The CAA does not specify how many contingency 
measures are needed or the magnitude of emissions reductions that must 
be provided by these measures. However, EPA provided initial guidance 
interpreting the contingency measure requirements of section 172(c)(9) 
in the April 16, 1992, General Preamble for Implementation of the Act. 
See 57 FR 13498, 13510 (April 16, 1992). In the April 16, 1992 initial 
guidance, EPA indicated that states with ozone nonattainment areas 
classified as moderate and above should include sufficient contingency 
measures so that, upon implementation of such measures, additional 
emission reductions of up to 3 percent of the emissions in the adjusted 
base year inventory (or such lesser percentage that will cure the 
identified failure) would be achieved in the year following the year in 
which the failure has been identified. The state must show that the 
contingency measures can be implemented with minimal further action on 
their part and with no additional rulemaking actions.
---------------------------------------------------------------------------

    \5\ EPA has already approved contingency measures for failure to 
make RFP as discussed in section IV.B of this document. This 
proposed rule therefore only applies to approval of contingency 
measures needed to address the failure to attain by the applicable 
attainment date ``prong'' in section 179(c)(9).
---------------------------------------------------------------------------

    EPA allows areas to use as contingency measures one or more Federal 
or local measures that are in place and provide reductions that are in 
excess to the attainment demonstration (or RFP plan). See 70 FR 71612, 
71651 (November 29, 2005). Further, EPA believes that any additional 
reductions resulting from measures in the attainment strategy occurring 
after the applicable attainment date are clearly in excess to those 
needed for attainment. The modeling demonstration for the Washington 
Area was based upon projected emissions levels for the year 2009, and 
therefore reductions occurring after the end of calendar year 2009 
would be excess to attainment needs.
    The applicable attainment date for the Washington Area was June 15, 
2010 based upon an effective date of designation under the 1997 ozone 
NAAQS of June 15, 2004. See 69 FR 28858 (April 30, 2004) and Table 1 in 
40 CFR 51.903. The earliest EPA could have made a determination of 
attainment or failure to achieve attainment for the Washington Area was 
in June 2010; therefore, under the April 16, 1992 initial guidance, the 
earliest the ``year following the year the failure was indentified'' 
would have been in 2011. Therefore, EPA believes that reductions that 
occur after 2009 and as early as 2010 and as late as 2011 would qualify 
for contingency measures to address any failure to attain as satisfying 
both the excess to attainment and the timing of reductions 
requirements. Excess reductions from measures already in place meet the 
requirement that contingency measures be implemented with minimal 
further action by the state and with no additional rulemaking actions. 
For more information on contingency measures, see the April 16, 1992 
General Preamble (57 FR 13512) and the November 29, 2005 Phase 2 
Implementation Rule (70 FR 71612, 71650).
    Because the Washington Area's attainment demonstration relies upon 
both VOC and NOX reductions, acceptable contingency measures 
can include NOX and VOC reductions.\6\ For the failure to 
attain contingency requirement, the 3 States identified specific 
measures yielding 8.46 tons per day of VOC emissions reductions and 
6.05 tons per day of NOX emissions reductions. These 
reductions represent a 1.941 percent reduction in VOC emissions and a 
1.069 percent reduction in NOX emissions as shown in Table 2 
of this document.
---------------------------------------------------------------------------

    \6\ Such a result comports well with section 182(b)(1)(A) which 
requires a moderate area plan to provide for ``reductions in 
volatile organic compounds and oxides of nitrogen as necessary to 
attain'' the 1997 ozone NAAQS by the applicable attainment date for 
moderate areas.

      Table 2--Calculation of VOC and NOX Reductions for Attainment
                               Contingency
------------------------------------------------------------------------
                                         (Ozone season tons per day)
       Item          Description   -------------------------------------
                                           VOC                NOX
------------------------------------------------------------------------
(a)                2002 Base-Year             448.28             597.22
                    Inventory.
(b)                Non-creditable              12.45              31.61
                    Emissions
                    Reduction.
(c)                Adjusted Base-             435.83             565.61
                    Year Inventory
                    = Item (a)
                    minus Item (b).
(d)                1.941% VOC                   8.459  .................
                    Reduction
                    Required for
                    Attainment.
                   Contingency =
                    (1.941/100)
                    times Item (c).
(e)                1.069% NOX       .................              6.046
                    Reduction
                    Required for
                    Attainment.
                   Contingency =
                    (1.069/100)
                    times Item (c).
------------------------------------------------------------------------

    The approved base year inventory for the Washington Area under the 
1997 ozone NAAQS is from Table 2 of the NPR for the September 20, 2011 
final rule. See 76 FR 38334, 38336 (June 30, 2011). In Table 3, the 3 
States identified the following specific Federal and state measures as 
providing contingency measures.

                               Table 3--Contingency Measures for Failure To Attain
----------------------------------------------------------------------------------------------------------------
                                                                 (Ozone season tons per day)
            Contingency measure             --------------------------------------------------------------------
                                                Source category affected           VOC                NOX
----------------------------------------------------------------------------------------------------------------
Tier 2 Motor Vehicle Emission Standards....  On-road mobile...............               0                  1.77
Phase I and Phase II Emissions Standards     Nonroad Mobile...............               1.49               0.04
 for Gasoline-Powered Non-Road Utility
 Engines.
Emissions Standards for Diesel-Powered Non-  Nonroad Mobile...............               0.39               3.28
 Road Utility Engines of 50 or More
 Horsepower.

[[Page 17167]]

 
Emissions Standards for Spark Ignition       Nonroad Mobile...............               1.42               0
 Marine Engine.
Emissions Standards for Large Spark          Nonroad Mobile...............               0.54               0.96
 Ignition Engines.
Portable Fuel Containers Phase 1 and 2       Area.........................               4.62               0
 Rules.
                                                                           -------------------------------------
    Total Reductions.......................  .............................               8.46               6.05
----------------------------------------------------------------------------------------------------------------

    The reductions from the Tier 2 motor vehicle emission standards 
occurred between 2009 and 2010. The reductions from the other 
identified measures occurred between 2009 and 2011. The 3 States have 
implemented the contingency reductions from the on-road mobile sources 
through establishment of a 2010 MVEB for NOX. Even though 
additional reductions in VOC emissions from on-road mobile sources may 
have occurred between 2009 and 2010, the States have elected not to 
count these towards the contingency requirement. Thus, the 2010 
NOX MVEB reflects only a reduction in NOX 
emissions. EPA believes that all of these measures achieve additional 
reductions beyond those needed to offset growth in activity levels as 
new motor vehicles, nonroad vehicle and locomotive engines, or portable 
fuel containers replace older items which either were subject to less 
stringent emissions standards or no emission standards regulations.

VII. Transportation Conformity Budgets

    Transportation conformity is required by CAA section 176(c). EPA's 
conformity rule requires that transportation plans, programs and 
projects conform to state air quality implementation plans and 
establishes the criteria and procedure for determining whether or not 
they do. Conformity to a SIP means that transportation activities will 
not produce new air quality violations, worsen existing violations, or 
delay timely attainment of a national ambient air quality standard such 
as the 1997 ozone NAAQS. The criteria by which EPA determines whether a 
SIP's MVEBs are adequate for conformity purposes are outlined in 40 CFR 
93.118(e)(4). The process for determining the adequacy of submitted SIP 
budgets is described in 40 CFR 93.118(f).
    For an attainment demonstration states must establish VOC and 
NOX MVEBs for the attainment year and submit these MVEBs to 
EPA for approval. Upon adequacy determination or approval by EPA, 
states must conduct transportation conformity analysis for their 
Transportation Improvement Programs (TIPs) and long range 
transportation plans to ensure highway vehicle emissions will not 
exceed applicable MVEBs. Failure to demonstrate such transportation 
conformity results in freezing of Federal highway funds and all Federal 
highway projects in the lapsed area. The States discuss transportation 
conformity in Section 8.0 of the June 2007 SIP revisions. The States 
describe their methods and provide detailed input parameters used in 
modeling the inventories in Appendices E1 and E2 of the June 2007 SIP 
revisions. In the Washington Area, the Metropolitan Washington Air 
Quality Committee (MWAQC) consulted with the Transportation Planning 
Board (TPB) to establish mobile source emissions budgets. In addition 
to the 2009 MVEBs required for the attainment year, the 3 States have 
implemented the NOX contingency reductions from on-road 
mobile sources by establishing a 2010 MVEB for NOX.
    The Washington Area MVEBs for the attainment demonstration and 
contingency measures are based on projected 2009 and 2010 mobile source 
emissions, accounting for all mobile control measures and 
transportation control measures. As discussed in section II. C herein, 
EPA has already determined these MVEBs are adequate. See 78 FR 9044. 
The MVEBs for the 2009 attainment demonstration and the 2010 
contingency plan NOX MVEBs are shown in Table 4.

            Table 4--The Washington Area MVEBs for the 2009 Attainment Plan and 2010 Contingency Plan
----------------------------------------------------------------------------------------------------------------
                                                                                             MVEBs
                                                                             -----------------------------------
                        Budget type                            Budget year     VOC  (tons per    NOX  (tons per
                                                                                    day)              day)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................              2009              66.5             146.1
Contingency Plan..........................................              2010               N/A             144.3
----------------------------------------------------------------------------------------------------------------

VIII. Proposed Action

    EPA is proposing to approve the 1997 ozone NAAQS attainment 
demonstration, included in the 3 States' June 2007 SIP revisions, as 
demonstrating attainment for the Washington Area by the applicable 
attainment date of June 15, 2010. On February 28, 2012 (77 FR 11739), 
EPA determined that the Washington Area attained the 1997 ozone NAAQS 
by its attainment date. EPA is also proposing to approve the 
contingency measures plan from the June 2007 SIP revisions and the 
MVEBs associated with the attainment demonstration and contingency 
measures. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

IX. 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

[[Page 17168]]

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 1997 8-hour 
ozone attainment demonstration, contingency measures and MVEBs for the 
Washington Area submitted by the State of Maryland, the District of 
Columbia and the Commonwealth of Virginia on June 4, 2007, June 12, 
2007 and June 12, 2007 respectively, 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 states, 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, Incorporation by 
reference, Nitrogen dioxide, Reporting and recordkeeping requirements, 
Volatile organic compounds.

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

    Dated: March 13, 2013.
W. C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-06421 Filed 3-19-13; 8:45 am]
BILLING CODE 6560-50-P