[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36578-36585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17966]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX NO. DC-25-2010a; FRL-6120-3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; 15 Percent Plan for the Metropolitan Washington,
D.C. Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting conditional approval of a State Implementation
Plan (SIP) revision submitted by the District of Columbia (the
District) to meet the 15 percent reasonable further progress
implementation plan (15% plan) requirements of the Clean Air Act (the
Act) for the District's portion of the Metropolitan Washington, D.C.
ozone nonattainment area. EPA is granting conditional approval because
the District's enhanced inspection maintenance (I/M) program, which is
one of the many control measures adopted by the District to achieve the
15% reduction in volatile organic compounds (VOC), has only been
conditionally approved, the 15% plan must also be conditionally
approved. The intended effect of this action is to conditionally
approve the 15% plan submitted by the District of Columbia in
accordance with the Clean Air Act.
DATES: This direct final rule is effective on September 8, 1998 without
further notice, unless EPA receives adverse comment by August 6, 1998.
If adverse comment is received, EPA will publish a timely document
withdrawing the rule.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and
Mobile Sources Branch, Mailcode 3AP21, U.S. 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
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Persons interested
in examining these documents should schedule an appointment with the
contact person (listed below) at least 24 hours before the visiting
day. Copies of the documents relevant to this action are also available
at the District of Columbia Department of Public Health, Air Quality
Division, 2100 Martin Luther King Ave, S.E., Washington, DC 20020.
FOR FURTHER INFORMATION CONTACT: Christopher Cripps, Ozone and Mobile
Sources Branch (3AP21), U.S. EPA--Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103, or by telephone at (215) 814-2179.
Questions may also be addressed via e-mail, at:
[email protected] [Please note that only written
comments can be accepted for inclusion in the docket.]
SUPPLEMENTARY INFORMATION: On April 16, 1998 the District of Columbia
Department of Health (DoH) submitted a revision to its State
Implementation Plan (SIP) for the Washington, D.C. ozone nonattainment
area. The revision consists of a plan to achieve a fifteen percent
reduction from 1990 base year levels in volatile organic compound (VOC)
emissions. During the summertime months, VOC emissions contribute
significantly to the formation of ground level ozone, and many volatile
organic compounds are also toxic or hazardous air pollutants.
I. Background
The Washington, D.C. metropolitan area is classified as a serious
ozone nonattainment area. Section 182(b)(1) of the Act requires ozone
nonattainment areas classified as moderate or above to develop plans to
meet specific reasonable further progress, also known as rate-of-
progress (ROP), for the reduction of VOC emissions. Specifically,
section 182(b)(1) requires a SIP revision to reduce by 1996 VOC
emissions by fifteen percent from 1990 baseline levels in the area
while accounting for growth in VOC emissions from 1990 to 1996. These
``15% plans'' were due to be submitted to EPA by November 15, 1993,
with the reductions to occur within 6 years (i.e., November 15, 1996).
The Act sets limitations on the creditability of certain control
measures towards reasonable further progress. Specifically, states
cannot take credit for reductions achieved by Federal Motor Vehicle
Control Program (FMVCP) measures (e.g., new car emissions standards)
promulgated prior to 1990; or for reductions stemming from regulations
promulgated pursuant to section 211(h) of the Act to lower the
volatility [i.e., Reid Vapor Pressure (RVP)] of gasoline. Furthermore,
section 182(b)(1) of the Act does not allow credit towards reasonable
further progress for post-1990 corrections to existing motor vehicle
inspection and maintenance (I/M) programs or corrections to reasonably
available control technology (RACT) rules, since these programs were
required to be in-place prior to 1990. In addition to these
restrictions, a creditable measure must be either in the SIP, result
from a national rule promulgated by EPA or be contained in a permit
issued under Title V of the Act. Any measure must result in real,
permanent, quantifiable and enforceable emission reductions to be
creditable toward the 15% goal.
The Washington, D.C. ozone nonattainment area consists of the
entire District of Columbia, five counties in Northern Virginia and
five counties in Maryland. Virginia, Maryland and the District all must
demonstrate reasonable further progress for the Washington, D.C.
nonattainment area. The Commonwealth of Virginia, State of Maryland and
the District of Columbia in conjunction with municipal planning
organizations collaborated on a coordinated 15% plan for the entire
Metropolitan Washington, D.C. nonattainment area (regional 15% plan).
This was done under the auspices of the regional air quality planning
committee, the Metropolitan Washington Air Quality Committee (MWAQC),
and with the assistance of the local municipal planning organization,
the Metropolitan Washington Council of Governments (MWCOG), to ensure
coordination of air quality and transportation planning.1
---------------------------------------------------------------------------
\1\The Act addresses interstate coordination for inter-state
nonattainment areas (42 U.S.C. 7504) mainly for nonattainment
planning. Because the interstate air quality planning organization
involved, the MWAQC, meets the requirements of section 174 of the
Act, EPA believes all interstate coordination requirements have been
fulfilled. In the absence of an agreement to prepare a nonattainment
area-wide plan, each state could have developed and submitted a SIP
revision to obtain the 15% reasonable further progress requirement
independently of the others. The MWAQC process also ensures that the
consultation between air quality and transportation planning
agencies is performed as required under the Act (42 U.S.C. 7506(c))
and under EPA's transportation conformity final rule (40 CFR
93.100).
---------------------------------------------------------------------------
Although the plan was developed by a regional approach, each
jurisdiction is required to submit its 15% plan to EPA as a revision to
its SIP.
Because the reasonable further progress requirements such as the
15% plan affect transportation improvement plans, municipal planning
organizations have historically been heavily involved in air quality
planning in the
[[Page 36579]]
Washington, D.C. area. As explained in further detail below, the
regional 15% plan determined the regional target level, regional
projections of growth and finally the total amount of creditable
reductions required under the reasonable further progress requirement
in the entire Washington, D.C. ozone nonattainment area. The three
jurisdictions, the State of Maryland, the Commonwealth of Virginia and
the District agreed to apportion this total amount of required
creditable reductions among the three jurisdictions. EPA is taking
action today only on the District's 15% plan submittal, which addresses
only the District's responsibility for the 15% plan in the Washington,
D.C. metropolitan area.
The 15% plan for the District of Columbia was submitted by the
Mayor's designated official, the Director of the District of Columbia
DoH, on April 16, 1998. The April 16, 1998 submittal effectively
superseded previous submittals. On May 15, 1995, the District submitted
a 15% plan SIP for the District's portion of Washington, D.C. ozone
nonattainment area. On November 3, 1997 the District submitted a Phase
I attainment plan which included revisions to the 1990 base year
inventory and to the 15% plan SIP revision. This amended 15% plan SIP
revision was based upon the revised 1990 base year emissions inventory
and upon revised projections in growth in emissions which came to light
during the preparation of the Phase I attainment plan. The November 3,
1997 15% plan SIP revision did not however reflect changes in the
District's motor vehicle enhanced inspection and maintenance (I/M)
program. The April 16, 1998 15% plan SIP revision does reflect the
District's current enhanced I/M program.
EPA has reviewed the District's April 16, 1998 15% plan SIP
revision, and a single factor prevents a full approval of the District
of Columbia's 15% plan SIP. A detailed discussion of the EPA's analysis
of the District's 15% plan SIP revision is included below in the
`Analysis' portion of this rulemaking action and also in the technical
support document (TSD) for this action. (Copies of the TSD are
available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this notice.) Because this one measure, the
District's enhanced I/M program, has been conditionally approved into
the District of Columbia's SIP, under section 182(b)(2)(D), EPA can
only grant a conditional approval of the emission reduction credits for
this measure and, therefore, can only grant conditional approval of the
District of Columbia's 15% plan SIP revision. Satisfying the condition
for full approval of the enhanced I/M program, namely that the April
30, 1999 start date be met, will satisfy the conditional approval of
the District's 15% plan as well.
II. Analysis of the SIP Revision
A. Base Year Emission Inventory
The baseline from which states must determine the required
reductions for 15 percent planning is the 1990 base year emission
inventory. The inventory is broken down into several emissions source
categories: stationary point, area, on-road mobile sources, and off-
road mobile sources. The base year inventory includes emissions of all
sources within the nonattainment area and certain large point sources
within twenty-five miles of the boundary. A sub-set of the 1990 base
year inventory is the 1990 rate-of-progress (ROP) inventory which
includes only anthropogenic (man-made) emissions actually within the
nonattainment area boundaries. The District of Columbia submitted a
formal SIP revision containing its official 1990 base year emission
inventory on January 13, 1993 and submitted revisions on November 3,
1997. In the Final Rules section of this Federal Register, EPA is also
approving the District's November 3, 1997 SIP revision consisting of
revisions to the 1990 base year emission inventory as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial SIP revision and anticipates no adverse comments. A
detailed rationale for the approval is set forth in that direct final
rule.
B. Growth in Emissions Between 1990 and 1996
EPA has interpreted the Act to require that reasonable further
progress towards attainment of the ozone standard must be obtained
after offsetting any growth expected to occur over that period.
Therefore, to meet the 15% reasonable further progress requirement, a
state must enact measures achieving sufficient emissions reductions to
offset projected growth in VOC emissions, in addition to a 15 percent
reduction of VOC emissions. Thus, an estimate of growth in VOC
emissions and emissions related activity from 1990 to 1996 is necessary
for demonstrating reasonable further progress. Growth for all source
categories other than on-road mobile sources, is calculated by
multiplying the 1990 base year inventory by acceptable forecasting
indicators. For these categories, growth must be determined separately
for each source, or by source category, since sources typically grow at
different rates. EPA's inventory preparation guidance recommends the
following indicators, as applied to emission units in the case of
stationary sources or to a source category in the case of area sources,
in order of preference: product output, value added, earnings,
employment. Population can also serve as an acceptable surrogate
indicator.
Growth for on-road mobile sources is determined projecting future
year vehicle miles traveled (VMT) and speeds using a traffic demand
model that represents the highway network in the Washington, D.C. area.
(The same highway network and traffic demand model is also used for
conformity determinations.) These results are multiplied by emission
factors appropriate for the forecast year that were generated by EPA's
Mobile 5.0b emission factor model.
The District's 15% plan contains growth projections for point,
area, on-road motor vehicle, and non-road vehicle source categories.
For a detailed description of the growth methodologies used by the
District, please refer to the TSD for this action. EPA is approving the
District's 1990-1996 emissions growth projections.
C. Enhanced Vehicle Inspection and Maintenance (I/M) Program
Section 182(b)(1) of the Act requires that states containing ozone
nonattainment areas classified as moderate or above prepare SIP
revisions that provide for a 15 percent VOC emissions reduction by
November 15, 1996. Most of the 15% plan SIP revisions originally
submitted to the EPA contained enhanced I/M programs because this
program achieves more VOC emission reductions than most, if not all
other, control strategies. However, because most states experienced
substantial difficulties with these enhanced I/M programs, only a few
states are currently actually testing cars using their original
enhanced I/M protocols.
In September 1995, EPA finalized revisions to its enhanced I/M rule
allowing states significant flexibility in designing I/M programs
appropriate for their needs (See 60 FR 48029, September 18, 1995).
Subsequently, Congress enacted the National Highway Systems Designation
Act of 1995 (NHSDA), which provides states with additional flexibility
in determining the design of enhanced I/M programs. The substantial
amount of time needed by states to re-design enhanced I/M programs in
accordance with the guidance contained within the NHSDA,
[[Page 36580]]
secure state legislative approval when necessary, and set up the
infrastructure to perform the testing program has precluded states that
revise their I/M programs from obtaining emission reductions from such
revised programs by November 15, 1996.
The District submitted a SIP revision amending the District's
existing I/M program on July 13, 1995 and supplemented this submittal
on March 27, 1996 under the NHSDA. On October 10, 1996, EPA published a
proposed disapproval of the July 13, 1995 and March 27, 1996 SIP
revisions. The proposed disapproval listed numerous major and minor
deficiencies. On November 27, 1997, the District submitted a completely
revised enhanced I/M SIP revision. The November 27, 1997 enhanced I/M
SIP revision completely revised the testing method from that contained
in the earlier SIP revisions. On March 30, 1998 (63 FR 15118), EPA
proposed to conditionally approve this enhanced I/M SIP revision. EPA
also withdrew its previously proposed disapproval action of an enhanced
I/M SIP revision submitted by the District of Columbia on July 13, 1995
and supplemented March 27, 1996 because that action was no longer
germane, given that the District's submittal of November 27, 1997
completely replaced those earlier submittals. No comments were received
on EPA's proposed conditional approval of the District's enhanced I/M
program. On June 2, 1998, EPA published its final conditional approval
(63 FR 29955).
Given the heavy reliance by many states upon enhanced I/M programs
to help achieve the 15% reduction in VOC emissions required under
section 182(b)(1) of the Act, the recent NHSDA and regulatory changes
regarding enhanced I/M programs, EPA believes that it was not possible
for many states to achieve the portion of the 15% reductions that are
attributed to I/M by November 15, 1996. Under these circumstances,
disapproval of the 15% plan SIP revisions would serve no purpose.
Consequently, under certain circumstances, EPA has allowed states that
re-designed their enhanced I/M programs to receive emission reduction
credit from these programs within their 15% plans, even though the
emissions reductions from the I/M program will occur after November 15,
1996. The provisions for crediting reductions for enhanced I/M programs
are contained in two documents: ``Date by which States Need to Achieve
all the Reductions Needed for the 15 Percent Plan from I/M and Guidance
for Recalculation,'' note from John Seitz and Margo Oge, dated August
13, 1996, and ``Modeling 15 Percent VOC Reductions from I/M in 1999--
Supplemental Guidance,'' memorandum from Gay MacGregor and Sally
Shaver, dated December 23, 1996.
Specifically, EPA is approving SIP revisions if the emissions
reductions from the revised, enhanced I/M programs, as well as from the
other 15% plan SIP measures, will achieve the 15% level as soon after
November 15, 1996 as practicable, pursuant to a February 12, 1997
memorandum from John Seitz and Richard Ossias entitled, ``15 Percent
VOC SIP Approvals and the `As Soon As Practicable' Test.'' To make this
``as soon as practicable'' determination, EPA must determine that the
SIP contains all VOC control strategies that are practicable for the
nonattainment area in question and that meaningfully accelerate the
date by which the 15% level is achieved. EPA does not believe that
measures meaningfully accelerate the date by which the 15% reduction is
achieved if they provide an insignificant amount of reductions.
The EPA has examined other available SIP measures to determine if
they are practicable for the District's portion of the Washington, D.C.
area and if they would meaningfully accelerate the date by which the
area reaches the 15% level of reductions. The EPA has determined that
the District's SIP does contain the appropriate measures. Measures for
which the District took credit in the 15% plan are identified in Table
1, below, as ``In 15% Plan'' and are not available as a possible
alternative to enhanced I/M. Measures in Table 1 identified as being
``Pre-1990'' were implemented prior to 1990 under rules adopted by the
District and thus are not available as a possible alternative to
enhanced I/M. The other programs that the District included in its 15%
plan submittal result in less than a 1.3 tons per day reduction and do
not deliver in the aggregate, anything close to the reductions achieved
by enhanced I/M.
Table 1.--VOC Control Measures Analyzed in the District's 15 Percent
Plan Submittal Plan
------------------------------------------------------------------------
VOC reductions (tons/
Measures day)
------------------------------------------------------------------------
Area Source Measures:
AIM Coatings--Federal Rule............... In 15% Plan
Consumer Solvents--Federal Rule.......... In 15% Plan
Solvent Cleaning--Substitution........... 0.1
Graphic Arts--Web Offset Control......... 0.5
Autobody Refinishing--ACT control........ In 15% Plan
Cutback Asphalt--100% Ban................ 0.0
Other Dry Cleaning....................... 0.2
Stage I Enhancement...................... 0.4
Stage II Vapor Recovery.................. Pre-1990
Nonroad--Reformulated Gasoline........... In 15% Plan
Point Source Measures:
Flexographic Printing.................... 0.0
Gravure Printing......................... <0.1
Web Offset Lithography................... Pre-1990
Non-mandated On-Road Mobile Measures:
Reformulated Gasoline.................... In 15% Plan
I/M Reductions:
High Enhanced in 15% Plan................ In 15% Plan
------------------------------------------------------------------------
EPA believes that the enhanced I/M program is the only measure that
will significantly accelerate the date by which the 15% reduction
requirement will be achieved. EPA is allowing enhanced I/M reductions
which occur
[[Page 36581]]
out until November 15, 1999 to count toward the 15% emission reduction
level for the 15% plan, because in doing so, the District will reach a
15% reduction in VOC emissions as soon as practicable.
The District claimed a total of 3.8 tons per day credit from
enhanced I/M in its 15% plan. In the 15% plan, the District evaluated
the enhanced I/M program using EPA's Mobile 5.0b model with assumptions
that called for implementation of a centralized, IM240 test with
pressure and purge testing, and a program start date of April 30, 1999.
EPA has determined that the enhanced I/M program for the District's
portion of the Washington, D.C. nonattainment area does achieve the
credited reductions from enhanced I/M as soon as practicable. The
District's enhanced I/M program is a biennial, centralized, test-only
program network using EPA's IM240 test. EPA believes that the District
cannot accelerate the reductions by initially requiring annual testing
because:
(1) Without additional testing stations other requirements of the
enhanced I/M rule relating to motorist convenience would suffer.
Motorist convenience is one important aspect that affects public
acceptance and effectiveness of the I/M program.
(2) Additional infrastructure changes (e.g., more testing
equipment, enlarging or building new testing stations, and the hiring
and training of additional inspectors) to the enhanced I/M program
would not come on-line in time to afford a substantial increase the
amount of reductions realized before November 15, 1999.
(3) The cost effectiveness of the program would be adversely
affected because the additional costs would not result in a
corresponding amount of reductions.
Because the District's revised enhanced I/M program is designed to
meet EPA's high-enhanced performance standard, EPA believes that the
District's program will achieve 3.8 tons per day of reductions by 1999
credited in the District's 15% plan.
D. Target Level Emissions/Emission Reductions Needs
The regional 15% plan calculates a target level of emissions to
meet the 15% reasonable further progress requirement over the entire
nonattainment area. The regional 15% plan contains a projection of
emissions growth from 1990 to 1996 and in effect apportions among the
three jurisdictions the amount of creditable emission reductions that
each jurisdiction must achieve in order for the entire nonattainment
area to achieve a 15% reduction in VOC emissions net of growth. Each
jurisdiction then adopted the regional plan, which identified the
amount of creditable emission reductions which that jurisdiction must
achieve for the regional plan to get a 15% reduction accounting for any
growth. The regional plan calculated the ``target level'' of 1996 VOC
emissions, in accordance with applicable EPA guidance.
EPA has interpreted section 182(b) of the Act to require that the
base year VOC emission inventory be adjusted to account for reductions
in VOC emissions that would have occurred from the pre-1990 FMVCP and
RVP programs. To meet EPA's applicable guidance on this requirement,
the regional plan contains a calculation of the reductions occurring
between 1990 and 1996 from the pre-1990 Tier 0 FMVCP and RVP programs
and the result of subtracting these reductions from the 1990 ROP
inventory. The net result of this calculation yielded the 1990
``adjusted base year inventory adjusted to 1996.''
The District's 15% plan relies upon reductions from the District's
revised, enhanced I/M programs to achieve the required 15% level as
soon after November 15, 1996 as practicable, but not later than 1999.
Under EPA's applicable guidance for 15% plans that rely upon reductions
from enhanced I/M after 1996, the target level must also incorporate
the effects of the pre-1990 Tier 0 FMVCP on 1990 emissions due to
turnover in vehicles between 1996 and 1999. To meet EPA's applicable
guidance on this requirement the regional plan also contains a
calculation of the non-creditable reductions from the pre-1990 Tier 0
FMVCP and RVP programs between 1990 and 1999 and the result of
subtracting these reductions from the 1990 ROP inventory. The result of
this calculation yielded the 1990 ``adjusted base year inventory
adjusted to 1999''. The difference between the 1990 ``adjusted base
year inventory adjusted to 1996'' and 1990 ``adjusted base year
inventory adjusted to 1999'' yields the ``fleet turnover correction''
(FTC).
The next step is to calculate the base 1996 VOC target level of
emissions. This is eighty-five percent (85%) of the 1990 adjusted base
year inventory for 1996. This number represents what the emissions
inventory should have been in 1996 if the 15% target level in order to
achieve the 15% reduction. To account for the effects on VOC emissions
due to the Tier 0 FMVCP between 1996 and 1999 the FTC is subtracted
from the base 1996 VOC target level of emissions to yield the final,
corrected 1996 VOC target level of emissions. The emission reduction
needs to achieve the target level is just the difference between the
1996 projected uncontrolled inventory and the final, corrected 1996 VOC
target level. Table 2, below, summarizes the calculations for the 1996
VOC target level for the entire Washington, D.C. ozone nonattainment
area.
Table 2.--Required Reductions for the Washington, D.C. Area's 15% Plan
[In tons of VOC per day]
----------------------------------------------------------------------------------------------------------------
Washington
Item District of Maryland Virginia D.C. area
Columbia totals
----------------------------------------------------------------------------------------------------------------
Washington, D.C. Area Target Level Calculation
----------------------------------------------------------------------------------------------------------------
1 1990 ROP Inventory....................................... 60.3 241.7 226.5 528.7
2 1990 Adjusted Base Year Inventory adjusted to 1996....... 51.2 215.1 196.8 463.1
3 1990 Adjusted Base Year Inventory adjusted to 1999....... 49.9 210.9 193.3 454.1
4 FTC Adjustment (Line 2 minus Line 3)..................... 1.3 4.2 3.5 9.0
5 Base 1996 target Level = 85% of Line 2 (0.85 x Line 2). 43.5 182.8 167.3 393.6
6 Final, Corrected 1996 Regional Target Level (Line 5 minus
Line 4).................................................... 42.2 178.6 163.8 384.6
7 Projected 1996 Uncontrolled Emissions.................... 48.5 234.7 219.4 502.4
8 Required Regional Emission Reductions (Line 8 minus Line
7)*........................................................ ........... ........... ........... 117.8
9 Apportioned State Emission Reductions*................... 8.5 57.5 51.7 117.7
[[Page 36582]]
10 Total Reductions Claimed in the District's 15% Plan..... 9.2 N/A N/A ...........
----------------------------------------------------------------------------------------------------------------
* The small discrepancy between values is due to rounding the apportioned emission reductions to the nearest
tenth.
The emission reductions required to meet the 15% reasonable further
progress requirement equals the difference between the projected 1996
emissions under the current control strategy (``the 1996 uncontrolled
emissions'') and the target level. This amount reflects a 15% reduction
from the adjusted base year inventory and any reductions necessary to
offset emissions growth projected to occur between 1990 and 1996. The
Washington, D.C. area's regional VOC target level is 384.8 tons per
day. EPA has determined that this regional target level and emission
reduction needs for the Metropolitan Washington, D.C. nonattainment
area have been properly calculated in accordance with EPA guidance.
E. Control Strategies in the District's 15% Plan
The specific measures adopted (either through state or federal
rules) are addressed, in detail, in the District's 15% plan. The
following is a brief description of each control measure that the
District has claimed credit for in the submitted 15% plan, as well as
the results of EPA's review of the use of that strategy towards the
Act's rate-of-progress requirement.
F. Fully Creditable Emission Control Strategies
EPA is granting full credit to the District of Columbia's 15% plan
SIP with reductions from the following six measures:
1. Reformulated Gasoline (RFG)
Section 211(k) of the Act requires that, beginning January 1, 1995,
only reformulated gasoline be sold or dispensed in ozone nonattainment
areas classified as severe or above. Gasoline is reformulated to reduce
combustion by-products and to produce fewer evaporative emissions.
Section 211(k)(6) allows other nonattainment areas to ``opt-in'' to the
program. The District submitted a request to opt-in to the reformulated
gasoline program, which EPA approved on April 1, 1992 (57 FR 11677).
The District claims a reduction of 1.1 tons per day from their 1996
projected uncontrolled on-road mobile source emissions using EPA's
Mobile 5.0b emission factor model to determine the emission benefit.
EPA has reviewed the District's calculation of the benefits for this
measure and finds the amount of reduction the District claims is
reasonable and acceptable.
2. Off-Road Use of Reformulated Gasoline
The use of reformulated gasoline will also result in reduced
emissions from off-road engines such as outboard motors for boats and
lawn mower engines, commonly used in summer months. The District claims
a reduction of 0.1 tons per day from their 1996 projected uncontrolled
off-road mobile source emissions. The District used guidance provided
on August 18, 1993 by EPA's Office of Mobile Sources on the VOC
emission benefits for non-road equipment which are in a nonattainment
area that uses Federal Phase I RFG. The District has correctly used the
guidance to compute the VOC emission reductions for this measure. The
EPA agrees with this projected reduction in the District's 15% plan and
the 0.1 tons per day emission benefit resulting from this measure are
creditable.
3. Post 1990 Federal Motor Vehicle Control Program (FMVCP Tier 1) and
Detergent Additives
EPA promulgated a national rule establishing ``new car'' standards
for 1994 and newer model year light-duty vehicles and light-duty trucks
on June 5, 1991 (56 FR 25724). Since the standards were adopted after
the Clean Air Act was amended in 1990, the resulting emission
reductions are creditable toward the 15 percent reduction goal.
On November 1, 1994, EPA promulgated a national rule establishing
Federal standards for detergent additives for gasoline as required by
the Act (59 FR 54706). This regulation requires, beginning January 1,
1995, that gasoline sold nationwide contain additives to prevent
accumulation of deposits in engines and fuel systems. Preventing such
deposits maintains the efficiencies of engine systems and reduces VOC
emissions resulting from engine efficiency degradation.
The District claimed a reduction of 1.5 tons per day from the Tier
1 Federal Motor Vehicle Control Program and the Gasoline Detergent
Additive Rule using EPA's Mobile 5.0b emission factor model to
determine the emission benefits. EPA has reviewed the District's
methodology used in calculating of the benefits for this measure and
finds the amount of reduction that the District claims is reasonable
and acceptable. EPA believes this measure and the 1.5 tons per day
emission benefit is fully creditable in the District's 15% plan.
4. Architectural and Industrial Maintenance Coatings (AIM)
Emission reductions have been projected for AIM coatings due to the
expected promulgation by the EPA of a national rule. VOC emissions
emanate from the evaporation of solvents used in the coating process.
In EPA's most recent policy memorandum on AIM credits, ``Update on the
Credit for the 15 Percent Rate-of-Progress Plans for Reductions from
the Architectural and Industrial Maintenance (AIM) Coatings Rule'',
dated March 7, 1996, EPA allowed states to claim a 20% reduction of
total AIM emissions from the national rule. The District claimed a 20%
reduction in AIM emissions under its 15% plan, which is a reduction of
1.6 tons per day from their 1996 projected uncontrolled AIM coating
emissions. In the March 7,1996 memorandum, EPA allowed states to
continue to claim a 20% reduction of total AIM emissions from the
national rule in their 15% plans although the emission reductions were
not expected to occur until April 1997. As a result of legal challenges
to the proposed national rule, EPA has negotiated a compliance date of
no earlier than January 1, 1998. If the final rule does not provide the
amount of credit indicated in the memorandum that states can claim in
their 15% plans, the District is responsible for developing measures to
make up the shortfall. With this caveat, EPA believes use of emissions
reductions from EPA's expected national AIM rule is acceptable towards
the 15% plan target. Therefore, the 1.6 tons per day are an acceptable
credit claim in the District's 15% plan.
[[Page 36583]]
5. Consumer and Commercial Products
Section 183(e) of the Act required EPA to conduct a study of VOC
emissions from consumer and commercial products and to compile a
regulatory priority list. EPA is then required to regulate those
categories that account for 80% of the consumer product emissions in
ozone nonattainment areas. Group I of EPA's regulatory schedule lists
24 categories of consumer products to be regulated by national rule,
including personal, household, and automotive products. EPA intends to
issue a final rule covering these products in the near future. EPA
policy allows states to claim up to a 20% reduction of total consumer
product emissions towards the reasonable further progress requirement.
The District claimed a 20% reduction or the equivalent reduction of 0.6
tons per day from their 1996 projected uncontrolled consumer and
commercial products emissions in its 15% plan. For the reasons
discussed above under the AIM rule, EPA believes the 0.6 tons per day
projected reduction in the District's 15% plan is creditable. Again, if
this final rule does not provide the amount of credit indicated in the
memorandum that states can claim in their 15% plans, the District is
responsible for developing measures to make up the shortfall.
6. Automobile Refinishing
EPA is in the process of adopting a national rule to control VOC
emissions from solvent evaporation through reformulation of coatings
used in auto body refinishing processes. These coatings are typically
used by industry and small businesses, or by vehicle owners. VOC
emissions emanate from the evaporation of solvents used in the coating
process. In a November 29, 1994 memorandum, ``Credit for the 15 Percent
Rate-of-Progress Plans for Reductions from the Architectural and
Industrial Maintenance (AIM) Coating Rule and the Autobody Refinishing
Rule,'' EPA set forth policy on the creditable reductions to be assumed
from the national rule for auto body refinishing. That memorandum
allowed for a 37% reduction from current emissions with an assumption
of 100% rule effectiveness (presuming the coating application
instructions were being followed). The District's approach was
consistent with EPA's guidance to determine the creditable emissions
from this rule and claimed a reduction of 0.5 tons per day from their
1996 projected uncontrolled auto body emissions in its 15% plan. For
the reasons discussed above under the AIM rule, the EPA believes the
0.5 tons per day projected reduction in the District's 15% plan is
creditable. Again, if this final rule does not provide the amount of
credit indicated in the memorandum that states can claim in their 15%
plans, the District is responsible for developing measures to make up
the shortfall.
G. Conditionally Creditable Emission Control Strategies
EPA is conditionally granting credit to the District's 15% plan SIP
with reductions from the District's enhanced vehicle inspection and
maintenance (I/M) Program. The District claimed a total of 3.8 tons per
day credit for this measure. In the 15% plan, the District evaluated
the I/M program using EPA's Mobile 5.0b emission factor model with a
program start date of April 30, 1999. The effect of the April 30, 1999
start date was factored by interpolating the results of two runs of
EPA's Mobile 5.0b emission factor model. The first run used assumptions
that called for implementation of a centralized, test-only, IM240 test
with pressure and purge testing and an anti-tampering program
inspection. The second run used assumptions that reflected
implementation of the District's 1990 program which was a centralized,
test-only using an idle test. The District used the same highway
network model that was used to determine the 1990 base year inventory,
and the adjusted base year inventories, and the 1996 on-road VOC
emissions budget used for transportation conformity purposes.
EPA has determined that the I/M program for the District's portion
of the Washington, D.C. nonattainment area does achieve reductions from
I/M as soon as practicable for the reasons discussed previously in this
notice under ``Enhanced Vehicle Inspection and Maintenance (I/M)
Program.'' The District's I/M program is a biennial, centralized, test-
only program network using EPA's IM240 test.
Because the District's revised I/M program is designed to meet
EPA's high-enhanced performance standard and will implement the same
number of testing cycles between start-up and November 1999 as that
modeled for credit in the 15% plan, EPA believes that the District's
program will achieve the claimed 3.8 tons per day of reductions by
1999. EPA has also determined that the credits from the enhanced I/M
program were determined in accordance with applicable EPA guidance.
However, section 182(b)(2)(D) requires that EPA grant credit for
measures approved into the SIP. Because EPA's approval of the
District's enhanced I/M SIP is conditioned upon the District meeting
the April 30, 1999 start date, EPA can only approve the reduction
credits claimed from enhanced I/M conditioned upon the District meeting
the April 30, 1999 start date.
H. Reasonable Further Progress
Table 3 below summarizes the proposed creditable measures from the
District's 15% plan for the Washington, D.C. area.
Table 3.--Creditable Reductions in the District's 15 Percent Plan for
the Washington, D.C. Area
[Tons VOC per day]
------------------------------------------------------------------------
------------------------------------------------------------------------
CREDITABLE REDUCTIONS
------------------------------------------------------------------------
Tier 1 FMVCP and gasoline Detergent Additive Rule............ 1.5
Reformulated Gasoline:
On-Road.................................................. 1.1
Off-Road................................................. 0.1
Auto Refinishing............................................. 0.5
AIM.......................................................... 1.6
Consumer/Commercial Products................................. 0.6
----------
Sub-Total Creditable..................................... 5.4
------------------------------------------------------------------------
CONDITIONALLY CREDITABLE REDUCTIONS
------------------------------------------------------------------------
Enhanced Inspection & Maintenance............................ 3.8
----------
[[Page 36584]]
Sub-Total Conditionally Creditable....................... 3.8
==========
Total Fully and Conditionally Creditable Reductions...... 9.2
------------------------------------------------------------------------
The District's 15% plan SIP revision contains reductions of 9.2
tons per day which exceeds the District's needs of 8.5 tons per day. Of
these 9.2 tons per day EPA is proposing to fully credit the District of
Columbia's 15% plan SIP with 5.4 tons per day of reductions and credit
the 15% plan SIP with 3.8 tons per day conditioned the District meeting
the conditioned listed in the June 2, 1998 conditional approval of the
enhanced I/M testing program.
I. Transportation Conformity Budgets
Under EPA's transportation conformity rule the 15% plan is a
control strategy SIP. This plan establishes a budget of 133.7 tons per
day of VOC emissions for on-road mobile sources throughout the entire
Metropolitan Washington, D.C. ozone nonattainment area and does not
establish a budget for nitrogen oxides (NOX) emissions.
However, on November 3, 1997 the District of Columbia submitted a
complete, SIP revision which included reasonable further progress plan
to achieve a nine percent reduction in VOC and NOX emissions
after 1996 (post-1996 plan). This November 3, 1997 SIP revision also
established a VOC budget for 1999 of 123.3 tons per day for on-road
mobile sources for the entire Metropolitan Washington, D.C. ozone
nonattainment area and also establishes a NOX budget for
1999. Under the conformity rule, EPA believes that the VOC and
NOX budgets established by the November 3, 1997 post-1996
plan are currently the controlling budgets for conformity
determinations for 1999 and later years. The next conformity
determination in the Washington, D.C. area will consider only 1999 and
later years. The budget in the post-1996 plan specifically addresses
the 1999 reasonable further progress milestone year whereas the 15%
plan establishes a budget for the prior reasonable further progress
milestone year of 1996. The time period for the budget in the 15% plan
has passed. The post-1996 plan also establishes more stringent VOC
budget than the 15% plan.
J. Summary
EPA's review of this material indicates that the District's 15%
plan SIP revision meets the requirements of the Act and applicable EPA
guidance. EPA is conditionally approving the District of Columbia's SIP
revision for a 15% reduction in VOC emissions, which was submitted on
April 16, 1998.
EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse or critical comments be filed. This rule will be effective
September 8, 1998 without further notice unless the Agency receives
adverse comments by August 6, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. Only 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 rule
will be effective on September 8, 1998 and no further action will be
taken on the proposed rule.
III. Final Action
EPA is conditionally approving the revision to the District of
Columbia SIP submitted on April 16, 1998 consisting of its 15% plan.
EPA's approval is conditioned upon the District meeting the April 30,
1999 start date committed to and contained in its November 27, 1997
enhanced I/M SIP revision submittal. The conversion from conditional
approval to full approval or to disapproval will be dependent upon
whether or not the District meets the start date of April 30, 1999
committed to in the enhanced I/M SIP revision. If the District starts
the enhanced I/M testing program on or before April 30, 1999, then any
final conditional approval shall convert to a full approval of the SIP
revision. If the District fails to fully implement enhanced I/M testing
in the District by April 30, 1999, EPA would notify the District by
letter that the condition has not been met and that any final
conditional approval has converted to a disapproval, and the clock for
imposition of sanctions under section 179(a) of the Act would start as
of the date of the letter. Subsequently, a notice would be published in
the Federal Register announcing that the 15% plan SIP revision has been
disapproved.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
The final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. 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 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. Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA 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, EPA 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
[[Page 36585]]
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
C. 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
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 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 requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
D. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 8, 1998. Filing a
petition for reconsideration by the Administrator of this final 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 approval of the District of
Columbia's 15% plan SIP revision 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, Ozone.
Dated: June 23, 1998.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
40 CFR part 52, subpart J of chapter I, title 40 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 et seq.
Subpart J--District of Columbia
2. Section 52.473 is amended by designating the existing paragraph
as (a) and adding paragraph (b) to read as follows:
Sec. 52.473 Conditional Approval.
* * * * *
(b) EPA is conditionally approving as a revision to the District of
Columbia State Implementation Plan the 15 Percent Rate of Progress Plan
for the District of Columbia's portion of the Metropolitan Washington,
D.C. ozone nonattainment area, submitted by the Director of the
District of Columbia Department of Public Health on April 16, 1998.
EPA's approval is conditioned upon the District meeting the April 30,
1999 start date committed to and contained in its November 27, 1997
enhanced I/M SIP revision submittal. The conversion from conditional
approval to full approval or to disapproval will be dependent upon
whether or not the District meets the start date of April 30, 1999
committed to in the enhanced I/M SIP revision. If the District starts
the enhanced testing program on or before April 30, 1999, then any
final conditional approval shall convert to a full approval of the SIP
revision. If the District fails to fully implement enhanced I/M testing
in the District by April 30, 1999, EPA would notify the District by
letter that the condition has not been met and that this final
conditional approval has converted to a disapproval, and the clock for
imposition of sanctions under section 179(a) of the Act would start as
of the date of the letter. Subsequently, a notice would be published in
the Federal Register announcing that the 15% plan SIP revision has been
disapproved.
[FR Doc. 98-17966 Filed 7-6-98; 8:45 am]
BILLING CODE 6560-50-P