[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50715-50718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24524]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD033-7157a; FRL-5603-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland 1990 Base Year Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Maryland State 
Implementation Plan (SIP) which pertains to the 1990 base year emission 
inventory for the marginal and severe ozone nonattainment areas within 
the state. The ozone nonattainment areas consist of the counties of 
Cecil, Ann Arundel, Baltimore City, Baltimore, Carroll, Harford, and 
Howard (all severe); Queen Anne's and Kent (both marginal). The SIP was 
submitted by the Maryland Department of the Environment (MDE) for the 
purpose of establishing the 1990 baseline emissions contributing to the 
ozone nonattainment problems in Maryland. This action is being taken 
under section 110 of the Clean Air Act.

DATES: This action is effective November 26, 1996 unless notice is 
received on or before October 28, 1996 that adverse or critical 
comments will be submitted. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to David Arnold, Section Chief, 
Ozone/CO & Mobile Sources Section, Mailcode 3AT21, Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
Air, Radiation, and Toxics Division, Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 
the Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street, SW., Washington, DC. 20460; and 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the 
EPA Region III office, or via e-mail at [email protected]. 
While information may be requested via e-mail, comments must be 
submitted in writing to the above Region III address.

SUPPLEMENTARY INFORMATION:

Background

    Under the 1990 Clean Air Act Amendments (CAAA), states have the 
responsibility to inventory emissions contributing to NAAQS 
nonattainment, to track these emissions over time, and to ensure that 
control strategies are being implemented that reduce emissions and move 
areas towards attainment. The CAAA requires ozone nonattainment areas 
designated as moderate, serious, severe, and extreme to submit a plan 
within three years of 1990 to reduce VOC emissions by 15 percent within 
six years after 1990 (15% plan). The baseline level of emissions, from 
which the 15 percent reduction is calculated, is determined by 
adjusting the 1990 base year inventory to exclude biogenic emissions 
and to exclude certain emission reductions not creditable towards the 
15% plan. The 1990 base year emission inventory is the primary 
inventory from which the periodic inventory, the Reasonable Further 
Progress (RFP) projection inventory, and the modeling inventory are 
derived. Further information on these inventories and their purpose can 
be found in the ``Emission Inventory Requirements for Ozone State 
Implementation Plans,'' Environmental Protection Agency, Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina, 
March 1991. The 1990 base year inventory may also serve as part of 
statewide inventories for purposes of regional modeling in transport 
areas. The 1990 base year inventory plays an important role in modeling 
demonstrations for areas classified as moderate and above that are 
located outside transport regions.
    The air quality planning requirements for marginal to extreme ozone 
nonattainment areas are set out in section 182(a)-(e) of Title I of the 
CAAA. EPA has issued a General Preamble describing EPA's preliminary 
views on how EPA intends to review SIP revisions submitted under Title 
I of the CAAA, including requirements for the preparation of the 1990 
base year inventory [see 57 FR 13502; April 16, 1992 and 57 FR 18070; 
April 28, 1992]. Because EPA is describing its interpretations here 
only in broad terms, the reader should refer to the General Preamble 
for a more detailed discussion of the interpretations of Title I 
advanced in today's proposal and the supporting rationale. In today's 
rulemaking action on the Maryland ozone 1990 base year emissions 
inventory, EPA is applying its interpretations taking into 
consideration the specific factual issues presented.
    Those states containing ozone nonattainment areas classified as 
marginal to extreme are required under section 182(a)(1) of the CAAA to 
submit a final, comprehensive, accurate, and current inventory of 
actual ozone season, weekday emissions from all sources by November 15, 
1992. This inventory is for calendar year 1990 and is denoted as the 
1990 base year inventory. It includes both anthropogenic and biogenic 
sources of volatile organic compound (VOC), nitrogen oxides (NOX), 
and carbon monoxide (CO). The inventory is to address actual VOC, 
NOX, and CO emissions for the area during the peak ozone season, 
which is generally comprised of the summer months. All stationary point 
and area sources, as well as highway mobile sources within the 
nonattainment area, are to be included in the compilation. Available 
guidance for preparing emission inventories is provided in the General 
Preamble (57 FR 13498, April 16, 1992).

Criteria for Inventory Approval

    There are general and specific components of an acceptable emission 
inventory. In general, the state must submit a revision to its SIP and 
the emission inventory must meet the minimum requirements for reporting 
by source category. Specifically, the source requirements are detailed 
below.
    The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the state 
and assesses whether the emissions were developed according to current 
EPA guidance. The data quality is also evaluated.
    The Level III review process is outlined here and consists of 10 
points that the inventory must include. For a base year emission 
inventory to be

[[Page 50716]]

acceptable it must pass all of the following acceptance criteria:
    1. An approved Inventory Preparation Plan (IPP) must be provided 
and the Quality Assurance (QA) program contained in the IPP must be 
performed and its implementation documented.
    2. Adequate documentation must be provided that enables the 
reviewer to determine the emission estimation procedures and the data 
sources used to develop the inventory.
    3. The point source inventory must be complete.
    4. Point source emissions must be prepared or calculated according 
to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must be prepared or calculated 
according to the current EPA guidance.
    7. Biogenic emissions must be prepared according to current EPA 
guidance or another approved technique.
    8. The method (e.g., HPMS or a network transportation planning 
model) used to develop VMT estimates must follow EPA guidance, which is 
detailed in the document, ``Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources,'' U.S. Environmental Protection 
Agency, Office of Mobile Sources and Office of Air Quality Planning and 
Standards, Ann Arbor, Michigan, and Research Triangle Park, North 
Carolina, December 1992. The VMT development methods must be adequately 
described and documented in the inventory report.
    9. The MOBILE model (or EMFAC model for California only) must be 
correctly used to produce emission factors for each of the vehicle 
classes.
    10. Non-road mobile emissions must be prepared according to current 
EPA guidance for all of the source categories.
    The base year emission inventory is approvable if it passes Levels 
I, II, and III of the review process. Detailed Levels I and II review 
procedures can be found in the following document; ``Quality Review 
Guidelines for 1990 Base Year Emission Inventories,'' Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, NC, July 27, 1992. Level III review procedures 
are specified in a memorandum from David Mobley and G. T. Helms to the 
Regions, ``1990 O3/CO SIP Emission Inventory Level III Acceptance 
Criteria'', October 7, 1992 and revised in a memorandum from John Seitz 
to the Regional Air Directors, Emission Inventory Issues, dated June 
24, 1993.

State Submittal

    Maryland Department of the Environment (MDE) submitted a revision 
to the Maryland SIP on March 21, 1994. The SIP revision consists of 
1990 base year emission inventories for the ozone nonattainment areas 
within the state. In accordance with the requirements of 40 CFR 51.102, 
public hearings concerning the SIP revision were held on November 4, 8, 
9, and 10, 1993 in Westminster, Perryville, Baltimore, and Annapolis, 
respectively; November 18, 22, and 30, 1993 in Frederick, Prince 
Frederick, and Silver Spring, respectively.
    The Maryland SIP revision was reviewed by EPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR Part 51, Appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). Maryland SIP submittal was 
found to be complete on June 1, 1994.

EPA Analysis

    Based on EPA's level III review findings, Maryland has satisfied 
all of EPA's requirements for providing a comprehensive, accurate, and 
current inventory of actual emissions in the ozone nonattainment areas. 
A summary of EPA's level III findings is given below.
    1. The IPP and QA programs was approved by EPA and implemented on 
August 11, 1992.
    2. The documentation was adequate for all emission types 
(stationary point, area, non-road mobile, on-road mobile and biogenic 
sources) for the reviewer to determine the estimation procedures and 
data sources used to develop the inventory.
    3. The point source inventory was found to be complete.
    4. The point source emissions were estimated according to EPA 
guidance.
    5. The area source inventory was found to be complete.
    6. The area source emissions were estimated according to EPA 
guidance.
    7. The biogenic source emissions were estimated using the Biogenic 
Emission Inventory System (PC-BEIS) in accordance with EPA guidance.
    8. The method used to develop VMT estimates was adequately 
described and documented.
    9. The mobile model was used correctly.
    10. The non-road mobile emission estimates were correctly prepared 
in accordance with EPA guidance.
    Thus, EPA has determined that Maryland's submittal meets the 
essential reporting and documentation requirements for an emission 
inventory.
    A summary of the emission inventories broken down by point, area, 
biogenic, on-road, and non-road mobile sources are presented in the 
tables below.

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                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
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                      Baltimore Non-Attainment Area Ozone Season Emissions in Tons Per Day                      
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VOC...............................       127.09        40.33       131.50        45.15       180.09       524.16
NOX...............................        10.60       231.31       161.20        71.58          N/A       474.69
CO................................        31.92       376.43     1,182.20       345.36          N/A     1,935.91
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                        Kent/Queen Anne's County Ozone Season Emissions in Tons Per Day                         
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VOC...............................         9.69         0.24         6.60         3.45        70.71        90.69
NOX...............................         0.72         0.00         7.30         1.77          N/A         9.79
CO................................         3.12         0.00        54.10        19.43          N/A        76.65
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                               Cecil County Ozone Season Emissions in Tons Per Day                              
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VOC...............................         9.23         0.55         7.20         2.02        32.96        51.96
NOX...............................         1.10         0.00         9.30         2.50          N/A        12.90
CO................................        32.62         0.00        68.70        11.83          N/A       113.15
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[[Page 50717]]

    EPA has determined that the submittal made by the State of Maryland 
satisfies the relevant requirements of the CAAA. EPA's detailed review 
of the emission inventories are contained in a Technical Support 
Document (TSD) which is available, upon request, from the EPA Regional 
Office listed in the ADDRESSES section of this notice.
    EPA is approving the SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will become 
effective November 26, 1996 unless, within 30 days of publication, 
adverse or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice that will withdraw 
the final action. All public comments received will then be addressed 
in a subsequent final rule based on this action serving as a proposed 
rule. EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, the public is advised that 
this action will be effective on November 26, 1996.

Final Action

    EPA is approving revisions to the Maryland SIP to include the 1990 
base year emission inventories for the ozone nonattainment areas within 
the state. The inventories consist of point, area, non-road mobile, 
biogenics and on-road mobile source emissions for VOC, NOx and CO.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision of any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the state is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the Regional 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIP's on such grounds. Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either state, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under state or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to state, local, or tribal governments, or to the private sector, 
result from this action.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Petitions for Judicial Review

    Under section 307(b)(1) of the CAAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 26, 1996. Filing a petition for 
reconsideration by the Administrator of this rule does not affect the 
finality of this rule for the purposes of judicial review nor does it 
extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action regarding Maryland emission inventory may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 21, 1996.
W. Michael McCabe,
Regional Administrator, Region III.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1075 is added to read as follows:


Sec. 52.1075  1990 Base Year Emission Inventory

    EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment

[[Page 50718]]

areas submitted by the Secretary of Maryland Department of Environment 
on March 21, 1994. This submittal consists of the 1990 base year point, 
area, non-road mobile, biogenic and on-road mobile source emission 
inventories for the following pollutants: volatile organic compounds 
(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

[FR Doc. 96-24524 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P