[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
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[[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.
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\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]
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