Proposed Rule2022-03863
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; 2017 Base Year Emissions Inventories for the Washington, DC-MD-VA Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standard
Primary source
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Published
February 24, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the District of Columbia (DC), State of Maryland (MD), and Commonwealth of Virginia (VA) (collectively, the States). This revision consists of the base year inventory for the Washington, DC-MD-VA nonattainment area (the DC Area) for the 2015 ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 37 (Thursday, February 24, 2022)</title>
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[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Proposed Rules]
[Pages 10318-10325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03863]
[[Page 10318]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0727; FRL-9552-01-R3]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, and Virginia; 2017 Base Year Emissions
Inventories for the Washington, DC-MD-VA Nonattainment Area for the
2015 Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
District of Columbia (DC), State of Maryland (MD), and Commonwealth of
Virginia (VA) (collectively, the States). This revision consists of the
base year inventory for the Washington, DC-MD-VA nonattainment area
(the DC Area) for the 2015 ozone national ambient air quality standards
(NAAQS). This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 28, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0727 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#2e69415c4a4140006347454b6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="65220a17010a0b4b280c0e00250015044b020a13">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2064. Dr. O'Shea can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#5d120e35383c7310343e353c38311d382d3c733a322b"><span class="__cf_email__" data-cfemail="f5baa69d9094dbb89c969d949099b5908594db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On October 7, 2020, the Maryland Department
of the Environment (MDE) submitted a revision to the Maryland SIP
entitled, ``SIP--20-04 2017 Base Year Inventory for the Washington, DC-
MD-VA 2015 Ozone NAAQS Nonattainment Area.'' This revision is referred
to as the ``MD submittal'' in this rulemaking. On November 4, 2020, the
District of Columbia Department of Energy and Environment (DOEE),
submitted a revision to the DC SIP entitled, ``DC 2015 Ozone NAAQS
Attainment Plan Base Year Inventory.'' This revision is referred to as
the ``DC submittal'' in this rulemaking. On December 11, 2020, the
Virginia Department of Environmental Quality (VADEQ) submitted a
revision to the Virginia SIP entitled, ``8-Hour Ozone (2015 Standard)--
Washington Attainment Plan `VA_2017O3BYEI_12112020.' '' This revision
is referred to as the ``VA submittal'' in this rulemaking. These
individual SIPs were collaboratively developed by DOEE, MDE, VADEQ, and
the Metropolitan Washington Council of Government (MWCOG). The
individual state SIP revisions, referred to collectively in this
rulemaking action as the ``DC Area base year inventory SIPs,'' address
the base year inventory requirement for the DC Area for the 2015 ozone
NAAQS. The individual state SIP submissions, including their
appendices, are included in the docket for this rulemaking and are
available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID: EPA-R03-
OAR-2021-0727.
I. Background
On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 ppm parts per million (ppm)
to 0.070 ppm. 80 FR 65292 (October 26, 2015). Effective August 3, 2018,
EPA designated the following jurisdictions in the DC Area as marginal
nonattainment for the 2015 ozone NAAQS: District of Columbia; Calvert,
Charles, Frederick, Montgomery, and Prince George's Counties in MD; and
Arlington, Fairfax, Loudoun, and Prince William Counties and
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities
in VA. 83 FR 25776 (June 4, 2018). CAA section 182(a)(1) requires ozone
nonattainment areas classified as marginal or above to submit a
comprehensive, accurate, current inventory of actual emissions from all
emissions sources in the nonattainment area, known as a ``base year
inventory.'' The DC Area base year inventory SIPs addresses a base year
inventory requirement for the DC Area.
II. Summary of SIP Revision and EPA Analysis
A. EPA's Evaluation of the DC Area Base Year Inventory SIPs
EPA's review of the DC Area base year inventory SIPs indicate that
they meet the base year inventory requirements for the 2015 ozone
NAAQS. EPA prepared a Technical Support Document (TSD) for each state's
submittal in support of this rulemaking. In those TSDs, EPA reviewed
the results, procedures, and methodologies for the SIP base year, and
found them to be acceptable and developed in accordance with EPA's
technical guidance. EPA's TSDs for the individual state SIPs are
available online at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, Docket ID No. EPA-R03-
OAR-2021-0727.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 rule, ``Implementation of the 2015
National Ambient Air Quality Standards for Ozone: Nonattainment Area
State Implementation Plan Requirements,'' known as the ``SIP
Requirements Rule,'' EPA set out nonattainment area requirements for
the 2015 ozone NAAQS. (83 FR 62998). The SIP Requirements Rule
established base year inventory requirements, which were codified at 40
Code of Federal Regulations (CFR) 51.1315. As required by 40 CFR
51.1315(a), each 2015 ozone nonattainment area must submit a base year
inventory within 2 years of designation.
Also, 40 CFR 51.1315(a) requires that the inventory year be
selected consistent with the baseline year for the reasonable further
progress (RFP) plan as required by 40 CFR 51.1310(b), which states that
the baseline emissions inventory shall be the emissions inventory for
the most recent calendar year for which a complete triennial inventory
is required to be submitted to EPA under the provisions of subpart A of
40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1
through 50. The most recent triennial inventory year conducted for the
National Emissions
[[Page 10319]]
Inventory (NEI) pursuant to the Air Emissions Reporting Requirements
(AERR) rule is 2017. 73 FR 76539 (December 17, 2008). The States
selected 2017 as their baseline emissions inventory year for RFP. This
selection comports with EPA's implementation regulations for the 2015
ozone NAAQS because 2017 is the inventory year. 40 CFR 51.1310(b).\1\
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\1\ On January 29, 2021, the Court of Appeals for the D.C.
Circuit issued its decision regarding multiple challenges to EPA's
implementation rule for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing states to use an
alternative baseline year for RFP. Sierra Club v. EPA, No. 15-1465
(D.C. Cir.). The other provisions of EPA's ozone implantation rule
at issue in the case are not relevant for this rulemaking.
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Further, 40 CFR 51.1315(c) requires emissions values included in
the base year inventory to be actual ozone season day emissions as
defined by 40 CFR 51.1300(q), which states: Ozone season day emissions
means an average day's emissions for a typical ozone season work
weekday. The state shall select, subject to EPA approval, the
particular month(s) in the ozone season and the day(s) in the work week
to be represented, considering the conditions assumed in the
development of RFP plans and/or emissions budgets for transportation
conformity. The States included actual ozone season day emissions,
pursuant to 40 CFR 51.1315(c).
C. DC Area Base Year Inventory SIPs
The DC Area base year inventory SIPs, contain an explanation of
each State's 2017 base year emissions inventory for stationary, non-
point, non-road, and on-road anthropogenic sources, as well as biogenic
sources, in the DC Area. The States estimated anthropogenic emissions
for volatile organic compound (VOC), nitrogen oxide (NOx), and carbon
monoxide (CO) for a typical ozone season work weekday. As identified
above, the DC Area base year inventory SIPs were developed
collaboratively. As such, their 2017 base year emissions inventory are
almost identical and, therefore, will be referred to collectively as
the ``2017 DC Area BYEI'' in the remainder of this rulemaking, unless
otherwise noted because individual distinctions are necessary.\2\
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\2\ The 2017 DC Area BYEI submitted by each individual state is
found as follows: DC submittal--Appendix BY2017
_EI_Document_October_30_2020_FINAL; MD submittal--Appendix 2. Wash
Region 2015 NAAQS BY Inventory SIP; and VA submittal--Appendix NVA-
INV-SIP-1.
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The States developed the 2017 DC Area BYEI with the following
source categories of anthropogenic emissions sources: Point, quasi-
point, non-point, non-road model, on-road, and commercial marine
vessels, airport, and railroad (MAR) emissions sources, in addition to
biogenic total sources. The 2017 DC Area BYEI sets out the
methodologies the States used to develop their base year inventory for
each source listed. Those methodologies are explained in further depth
within appendices A-D of each state's submission. Data justifying the
inventories are also provided within appendices A-D of each state's
submission. Note, however, that Virginia only included appendix items
relevant to their own state but uploaded files jointly with DC for the
full inventory development. Furthermore, the MD submittal was earliest
and, as such, contains data, development, and guidance that precedes
the widespread adoption of the 2017 NEI. This timing differential
accounts for the differences in the MD submittal as compared to the DC
and VA submittals. For simplicity purposes, the appendices will be
referred to as the State's appendices.
1. Point Sources
Point sources are larger sources that are located at a fixed,
stationary location. As defined by the AERR in 40 CFR 51.50, point
sources are large, stationary (non-mobile), identifiable sources of
emissions that release pollutants into the atmosphere. A point source
is a facility that is a major source under 40 CFR part 70 for one or
more of the pollutants for which reporting is required by 40 CFR
51.15(a)(1). Examples of point source emissions categories include
power plants, industrial boilers, petroleum refineries, cement plants,
and other industrial plants.
As stated in the State's 2017 DC Area BYEI, the State's air
agencies (DOEE, MDE, VADEQ), maintain substantial databases of both
small and large air emission sources. Point sources in the inventory
generally related to facilities contained within the EPA's Emissions
Inventory System (EIS). From the EIS, NEI point source estimates are
created. Common types of facilities included are large industrial or
commercial complexes including municipal waste combustors, electric
generating stations, governmental organizations, and manufacturing
facilities. The methods used to convert annual emissions to ozone
season work weekday emissions are described in the State's appendices:
For DC emissions--Appendix A1a,\3\ \4\ for MD emissions--Appendix
B1b,\5\ \6\ and for VA emissions--Appendix A1b.\7\ \8\ \9\ The States
keep records of point sources and emissions and these records
maintained by the respective state air agency where the facilities or
sources are located. The emissions data for the DC area are housed in
the State's appendices: for DC emissions--Appendix A2a,\10\ \11\ for MD
emissions--Appendix B2b,\12\ \13\ and for VA--Appendix A2b.\14\ \15\
\16\
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\3\ Appendix A1a--Point Source Inventory Development Overview
(District of Columbia), DC submittal.
\4\ Appendix A1a--Point Source Inventory Development Overview
(District of Columbia), MD submittal.
\5\ Appendix B1b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Development Overview (Maryland), DC submittal.
\6\ Appendix B1b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Development Overview (Maryland), MD Submittal.
\7\ Appendix A1b--Point Source Inventory Development Overview
(Virginia), DC submittal.
\8\ Appendix A1b--Point Source Inventory Development Overview
(Virginia), MD submittal.
\9\ Appendix A1b--Point Source Inventory Development Overview
(Virginia), VA submittal.
\10\ Appendix A2a--Point Source Inventory Files (District of
Columbia), DC submittal.
\11\ Appendix A2a--Point Source Inventory Files (District of
Columbia), MD submittal.
\12\ Appendix B2b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Files (Maryland), DC submittal.
\13\ Appendix B2b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Files (Maryland), MD submittal.
\14\ Appendix A2b--Point Source Inventory Files (Virginia), DC
submittal.
\15\ Appendix A2b--Point Source Inventory Files (Virginia), MD
submittal.
\16\ Appendix A2b--Point Source Inventory Files (Virginia), VA
submittal.
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As stated in the State's Appendix A1a, DOEE recorded data for all
the point, unit, stack, and process sources submitted to the EPA for
the 2017 NEI. DOEE also provided their point source inventory with
NO<INF>X</INF>, VOC, and CO in tons. Ozone Season Day (OSD) emissions
calculations were also justified by DOEE. See the State's Appendix A1a
for additional details on methodology; see also EPA's DC TSD.\17\
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\17\ EPA's DC TSD for the 2017 Base Year Inventory for the DC
Area.
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As seen in the State's Appendix B1b, the MDE Air and Radiation
Administration (ARA) compiled the point source emissions inventory.
They identified sources, documented the methods for calculations, and
presented findings. MDE has a substantial database of air emissions
sources and permitting, and its compliance programs also played a major
role in their investigation. They provided full point source data in
the State's Appendix B2b for CO, NO<INF>X</INF>, and VOC and provided
justification for OSD calculations. See the State's Appendix B1b for
additional
[[Page 10320]]
details on methodology; see also EPA's MD TSD.\18\
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\18\ EPA's MD TSD for the 2017 Base Year Inventory for the DC
Area.
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In the State's Appendix A1b, Virginia noted that they keep a
detailed database for point sources called the Comprehensive
Environmental Database System (CEDS). As noted above, emissions data
for facilities can include emission tests, Title V reports, compliance
reports and other documents mentioned in the State's Appendix A1b and
documented in Appendix A2b. The VADEQ staff attested to reviewing the
data and uploading information required for AERR to be included for the
2017 NEI. They provided full point sources data for NO<INF>X</INF>,
VOC, and CO, typically in tons and provided justification for OSD
emissions. See the State's Appendix A1b for additional details on
methodology; see also EPA's VA TSD.\19\
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\19\ EPA's VA TSD for the 2017 Base Year Inventory for the DC
Area.
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2. Quasi-Point Sources
The only quasi-point source in the DC area, Andrews Air Force Base
(Joint Base Andrews--JBA), is located in Prince George's County, MD.
MDE identified facilities at this location that due to size or function
are considered point sources. In the State's Appendix B1b, MDE notes
that these establishments include a wide variety of air emissions
sources, including point sources, on-road mobile sources, off-road
mobile sources, and area sources.
For Joint Base Andrews, the emissions from the other source
categories at the facility are totaled under a single point source and
considered by MDE as being a quasi-point source. As noted in the EPA's
MD TSD, for each of these quasi-point sources, emissions for each
source category at the facility were calculated separately to find the
ozone season day emissions, and then totaled together to get a facility
wide emission for each pollutant. Data outlining quasi-point sources
are provided in the State's Appendix B2b. EPA has reviewed the source
categories included in the quasi-point sources and has found this to be
a reasonable approach to handle these sources.
3. Non-Point Sources
Non-point sources are also called ``area sources.'' These sources
collectively represent individual sources of emissions that have not
been inventoried as specific point or mobile sources. These individual
sources treated collectively as non-point sources are typically too
small, numerous, or difficult to inventory using the methods for the
other classes of sources. As noted in the 2017 DC Area BYEI, for
example, small fossil fuel fired boilers used for comfort purposes
located at residential, commercial, and governmental locations fall
into this category.
The non-point category is broad and diverse, and the emissions
calculations used in this category vary and the category has many
subsectors. State air agencies provided details for developing
emissions for nonpoint sources in the State's appendices: for DC
emissions--Appendix B1a,\20\ \21\ for MD emissions--Appendix B1b, and
for VA emissions--Appendix B1c (VA).\22\ \23\ \24\ Note that stage II
refueling emissions were developed by the National Capital Region
Transportation Planning Board (TSB) at MWCOG in association with staff
and State's air agencies using the Motor Vehicle Emissions Simulator
(MOVES) 2014b model. See the State's Appendix D1 \25\ \26\ \27\ for
details on development of on-road emissions.
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\20\ Appendix B1a--Nonpoint and Marine/Air/Rail Inventory
Development Overview (District of Columbia), DC submittal.
\21\ Appendix B1a--Nonpoint and Marine/Air/Rail Inventory
Development Overview (District of Columbia), MD submittal.
\22\ Appendix B1c--Virginia Nonpoint and Marine/Air/Rail
Inventory Development Overview, DC submittal.
\23\ Appendix B1c -Nonpoint and Marine/Air/Rail Inventory
Development Overview (Virginia), MD submittal.
\24\ Appendix B1c--Virginia Nonpoint and Marine/Air/Rail
Inventory Development Overview, VA submittal.
\25\ Appendix D1--On-road Mobile Source Inventory Development
Overview, DC submittal.
\26\ Appendix D1--On-road Mobile Source Inventory Development
Overview, MD submittal.
\27\ Appendix D1--On-road Mobile Source Inventory Development
Overview, VA submittal.
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As noted in EPA's MD TSD, nonpoint emissions are typically
calculated on an annual basis by multiplying an emission factor by some
known indicator of collective activity for each source category at the
county level. For the 2017 DC Area BYEI, DOEE calculated the ozone
season day emissions by applying a seasonal adjustment factor, provided
by MDE, and supplemented by DOEE, to their emission estimates. See the
State's Appendix B1a for calculations. In the State's Appendix B2a,\28\
\29\ nonpoint sector categories in the District's emissions inventory
were catalogued, including contributions to the 2017 NEI.
NO<INF>X</INF>, VOC, and CO data were provided in tons, and both annual
and ozone season totals were included.
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\28\ Appendix B2a--Nonpoint and Marine/Air/Rail Inventory Files
(District of Columbia), DC submittal.
\29\ Appendix B2a--Nonpoint and Marine/Air/Rail Inventory Files
(District of Columbia), MD submittal.
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MDE, as indicated above, applied a seasonal adjustment factor to
their emissions estimates. As noted in EPA's MD TSD, a detailed
explanation of how MDE calculated each nonpoint source category can be
found in Section 4--Area Sources of the State's Appendix B1b. Emissions
were provided annually and by ozone season day for each nonpoint source
category code (SCC) for NO<INF>X</INF>, VOC, and CO. Full data is
provided in the State's Appendix B2b.
For Virginia, a detailed explanation of the non-point inventory is
provided in the State's Appendix B1c. As they note, staff from the
VADEQ compiled Northern Virginia 2017 annual and ozone season daily
emissions estimate from the EPA 2017 NEI. In the State's Appendix
B2c,\30\ \31\ \32\ VADEQ outlines sample calculations for their
nonpoint and MAR emissions for each pollutant. In the State's Appendix
B2c, activity level data, emission factor, control factors, fuel
loading factors, and others are provided in addition to raw data for
OSD. Virginia followed MDE's guidance for calculating OSD and provided
examples of their calculations in the State's Appendix B1c. Data for
NO<INF>X</INF>, VOC and CO were provided in OSD and annually.
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\30\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files
(Virginia), DC submittal.
\31\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files
(Virginia), MD submittal.
\32\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files
(Virginia), VA submittal.
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4. Non-Road Model Mobile Sources
Non-road mobile sources are also called ``off-highway'' mobile
sources. These are defined as a non-road engine or non-road vehicle. As
per 40 CFR 51.50, a non-road engine is an internal combustion engine
(including the fuel system) that is not used in an on-road motor
vehicle or a vehicle used solely for competition, or that is not
affected by sections 111 or 202 of the CAA. Also defined by 40 CFR
51.50, a non-road vehicle (rather than engine) is a vehicle that is run
by a non-road engine and that is not an on-road motor vehicle or a
vehicle used solely for competition. Examples of non-road mobile
sources include airport ground support equipment, agricultural and
construction equipment powered by an internal combustion engine, and
lawn and garden engines and equipment.
As explained in the 2017 DC Area BYEI, the inventory for nonroad
mobile sources, and some MAR sources, for VOC, NO<INF>X</INF>, and CO
were calculated using the EPA's MOVES2014 model. This model includes 88
types of nonroad equipment and 12 economic sectors. The sectors are:
[[Page 10321]]
<bullet> Recreational sector equipment, such as all-terrain
vehicles and off-road motorcycles;
<bullet> Construction sector equipment, such as graders and
backhoes;
<bullet> Industrial sector equipment, such as forklifts and
sweepers;
<bullet> Lawn and garden sector equipment, such as leaf and snow
blowers;
<bullet> Agricultural sector equipment, such as tractors;
<bullet> Commercial sector equipment, such as compressors;
<bullet> Logging sector equipment, such as chain saws;
<bullet> Airport support sector equipment, such as airport ground
support equipment;
<bullet> Underground mining sector equipment, such as, mining
equipment;
<bullet> Oil field sector equipment, such as oil field equipment;
<bullet> Pleasure craft sector equipment, such as personal
watercraft; and
<bullet> Railroad sector equipment, such as railway maintenance
equipment.
As noted in the 2017 DC Area BYEI, the MOVES2014b model estimates
emissions for each specific type of nonroad equipment by multiplying
the following input data estimates:
<bullet> Equipment population for the base year, distributed by
age, power, fuel type, and application;
<bullet> Average load factor expressed as average fraction of
available power;
<bullet> Available power in horsepower;
<bullet> Activity in hours of use per year; and
<bullet> Emission factors reflecting deterioration and/or new
standards.
The emissions are then temporally allocated using appropriate
allocation factors. All emissions sources are included for DC and
Maryland. However, railway maintenance and airport ground support
equipment were not included for Virginia. Instead, Virginia provided
emissions for these sources from the 2017 NEI effort. See the State's
Appendix D1 for details and Appendix C \33\ \34\ \35\ \36\ for
MOVES2014b nonroad model input, output, and runspec files.
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\33\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and
Output Files, DC Submittal.
\34\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and
Output Files, MD Submittal.
\35\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and
Output Files, VA Submittal.
\36\ Appendix C--MOVES 2014b, which is included in each State's
submission, is a large datafile. It is described in a memo for this
rulemaking. This file itself is not available on <a href="http://regulation.gov">regulation.gov</a> but
can be provided upon request.
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5. Marine Vessels, Airport, Railroad Locomotives Sources
Marine Vessels, Airport, Railroad Locomotives (MAR) is a non-road
sub-category. Detailed documentation for the development of MAR sources
were given by the States air agencies, as noted in the 2017 DC Area
BYEI. As above, MAR guidance overviews are in the State's appendices:
For DC emissions--Appendix B1a, for MD emissions--Appendix B1b, and for
VA emissions--Appendix B1c. The MAR data is listed in the State's
appendices: For DC emissions--Appendix B2a, for MD emissions--Appendix
B2b, and for VA emissions--Appendix B2c.
For DC, railway maintenance emissions were developed using the
MOVES2014b model. DC provided airport emissions from the 2017 NEI and
the facilities in DC's airport inventory. The district also provided
details on their OSD calculations for all MAR sources in the State's
Appendix B1a with some information in the 2017 DC Area BYEI.
MDE relied on the MOVES2014b model for railways maintenance and
airport ground support equipment using the above model. MDE calculated
emissions by collecting data directly from surveyed sources, or
activity from state and Federal reporting agencies. Details of the
development of emissions for MAR sources along with other non-road
model sources and their OSD approach are provided in the State's
Appendix B1b with some information in the 2017 DC Area BYEI.
For Virginia, the 2017 NEI was used for all emissions calculations
including for railway maintenance and airport ground support equipment.
Sample calculations were provided in the State's Appendix B1c by the
VADEQ for annual emissions estimates for all sources. The state also
outlined their approach for OSD calculations is the State's Appendix
B1c.
6. On-Road Mobile Sources
On-road mobile sources are also called ``highway mobile sources.''
These sources are the motor vehicles (e.g., automobiles, buses, trucks)
traveling on local and highway roads. On-road mobile sources should be
estimated by the latest recommended on-road mobile source models.
Currently, that means EPA's MOVES model for all states but California.
In addition to emissions from vehicles' exhaust, the MOVES model
estimates evaporative emissions for mobile sources, which must be
included in the inventory. Volatile hydrocarbons evaporate from the
fuel system while a vehicle is refueling, parked, or driving.
Evaporative processes differ from exhaust emissions because they don't
directly involve combustion, which is the main process driving exhaust
emissions.
As stated in the State's Appendix D1 and in the 2017 DC Area BYEI,
the TSB was responsible for developing the on-road mobile sources
emissions using information, such as meteorological inputs from
Metropolitan Washington Air Quality Committee (MWAQC) and fuel,
inspection and maintenance program information from state air agencies.
EPA's MOVES2014b model was selected to estimate the 2017 DC Area BYEI
on-road emissions inventories for the 2015 ozone national ambient air
quality standard emissions from on-road mobile sources in the DC area.
The emissions results were reviewed by MWAQC staff and approved and
incorporated into the 2017 inventories. The On-Road MOVES2014b input
and output files are in the State's Appendix D2.\37\ \38\ \39\ \40\
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\37\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and
Output Files, DC submittal.
\38\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and
Output Files, MD submittal.
\39\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and
Output Files, VA submittal.
\40\ Appendix D2--MOVES 2014b, which is included in each State's
submission, is a large datafile. It is described in a memo for this
rulemaking. The file itself is not available on regulations.gov but
can be provided upon request.
---------------------------------------------------------------------------
As noted in the State's Appendix D1, first, TSB's adopted travel
demand model was used to estimate vehicle miles of travel (VMT) at the
network link level of analysis. The modeled VMT outputs were developed
at the network link level by vehicle type and by four time-of-day
periods. Next, a post processor was used to further refine link-level
VMT and link speeds into vehicle-hours of travel (VHT) by facility
type, hourly periods, and speed bins. Finally, several data preparation
steps were undertaken before MOVES was executed. Again, an overview of
the process is presented in the State's Appendix D1. Lastly, the MOVES
model was executed to calculate base year emissions.
Overall, the MOVES model considered factors such as vehicle type,
facility type, VMT/VHT fractions, observed and simulated VMT, speed
distributions, road type, age of cars, fuel formation, meteorological
data, ramp fraction, road type distribution (for VMT), source (vehicle)
type population, inspection/maintenance programs, hoteling (idling),
and source type programs by state. All factors are outlined in detail
in the State's Appendix D1. The on-road mobile emissions analysis
process is very similar to the one used during the development of
previous base year inventories.
[[Page 10322]]
EPA has reviewed the results, procedures, and methodologies
utilized by the States to determine anthropogenic emissions for the DC
Area for the SIP base year, as well as comparing the inventory with
previously verified data in EPA's 2017 NEI for any data discrepancies
and found none. EPA has therefore determined the base year inventory to
be acceptable and developed in accordance with EPA's technical
guidance.
7. Biogenic Emissions
The States also outlined biogenic emissions, which are not included
in the anthropogenic total. Biogenic emissions come from natural
sources, including vegetation and soils. In the 2017 DC Area BYEI, the
States explain that the 2014 NEI estimates by EPA were accepted for
purposes of the base year 2017 biogenic inventories. These methods are
acceptable under EPA's emission inventory guidance.\41\
---------------------------------------------------------------------------
\41\ EPA's Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations--<a href="https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf">https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf</a>.
---------------------------------------------------------------------------
8. Emissions Summary
The State's 2017 DC Area BYEI contain a summary of 2017 ozone
season day emissions by source category, which are presented in Table 1
of this document. Note, for each state, the information they provided
for themselves was utilized. Where differences in the submitted data
exists, the latest submission, the VA submittal, was used. The
differences in reported data between the DC, MD, and VA submittals all
relate to the timing of the submissions and the date when the 2017 NEI
was adopted. The MD submittal was first, and its development preceded
the adoption of the 2017 NEI. The DC and VA submittals were submitted
after the widespread adoption of the 2017 NEI and considered the 2017
NEI data. The differences in the data between the MD submittal and the
DC and VA submittals has been described in the above sections. Tables 2
through 7 of this document present the State's 2017 DC Area BYEI by
source category and county. In the State's 2017 DC Area BYEI, the
States demonstrate that the biogenic emissions in Table 1 of this
document are taken from EPA's 2014 NEI database. As noted in the
State's 2017 DC Area BYEI, total biogenic emissions for July 2014 were
divided by 31 days to develop average ozone season day emissions for
each jurisdiction in the DC Area and then added together to develop the
DC Area total.
Table 1--2017 DC Area BYEI Summary
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Source category VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 5.19 79.55 25.13
Quasi-Point..................................................... 0.39 0.19 0.28
Non-Point....................................................... 127.88 23.22 74.27
Non-Road Model.................................................. 37.68 30.87 710.87
MAR............................................................. 2.05 11.09 19.26
On-Road......................................................... 49.58 93.42 673.21
-----------------------------------------------
Anthropogenic Total......................................... 222.76 238.34 1,503.02
Biogenic........................................................ 442.62 3.67 38.23
----------------------------------------------------------------------------------------------------------------
Table 2--2017 DC Area BYEI Point Source Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................ 0.17 0.78 0.52
Calvert County.................................................. 0.11 2.66 0.88
Charles County.................................................. 0.32 6.47 2.19
Frederick County................................................ 0.76 1.75 1.73
Montgomery County............................................... 0.33 13.85 4.32
Prince George's County.......................................... 0.99 24.68 5.43
-----------------------------------------------
Maryland Total.............................................. 2.51 49.41 14.55
Arlington County................................................ 0.02 0.25 0.13
Fairfax County.................................................. 0.81 10.39 4.04
Fairfax City.................................................... 0.30 0.01 0.02
Falls Church City...............................................
Loudoun County.................................................. 0.71 10.44 3.32
Prince William County........................................... 0.52 6.36 2.07
Manassas City................................................... 0.13 0.54 0.25
Manassas Park City..............................................
Alexandria City................................................. 0.02 1.37 0.23
-----------------------------------------------
Virginia Total.............................................. 2.51 29.36 10.06
-----------------------------------------------
Region Total............................................ 5.19 79.55 25.13
----------------------------------------------------------------------------------------------------------------
Note: There are no point source VOC, NOX, and CO emissions for the Virginia Independent Cities of Falls Church
and Manassas Park.
[[Page 10323]]
Table 3--2017 DC Area BYEI Quasi-Point Source Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Prince George's County.......................................... 0.39 0.19 0.28
Maryland Total.............................................. 0.39 0.19 0.28
-----------------------------------------------
Region Total............................................ 0.39 0.19 0.28
----------------------------------------------------------------------------------------------------------------
Note: Quasi-point sources only exist in the Prince George's County, Maryland. Emissions for these sources were
provided by MDE.
Table 4--2017 DC BYE Non-Point Source Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................ 9.61 2.24 2.29
Calvert County.................................................. 2.33 0.24 3.31
Charles County.................................................. 4.42 1.05 9.77
Frederick County................................................ 7.18 1.27 10.13
Montgomery County............................................... 22.70 4.14 4.32
Prince George's County.......................................... 21.28 3.30 5.84
-----------------------------------------------
Maryland Total.............................................. 57.90 10.00 33.36
Arlington County................................................ 4.87 0.88 1.12
Fairfax County.................................................. 25.96 4.74 7.43
Fairfax City.................................................... 0.88 0.21 0.34
Falls Church City............................................... 0.41 0.09 0.15
Loudoun County.................................................. 10.56 2.21 15.01
Prince William County........................................... 12.36 1.76 12.87
Manassas City................................................... 1.18 0.32 0.62
Manassas Park City.............................................. 0.79 0.11 0.18
Alexandria City................................................. 3.35 0.65 0.89
-----------------------------------------------
Virginia Total.............................................. 60.36 10.98 38.62
-----------------------------------------------
Region Total............................................ 127.88 23.22 74.27
----------------------------------------------------------------------------------------------------------------
Note: Small discrepancies may result due to rounding.
Table 5--2017 DC Area BYEI Non-Road Model Source Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................ 1.37 2.06 24.61
Calvert County.................................................. 0.96 0.58 8.73
Charles County.................................................. 1.44 1.01 13.78
Frederick County................................................ 2.26 1.71 43.10
Montgomery County............................................... 8.37 4.63 163.04
Prince George's County.......................................... 4.81 3.66 92.61
-----------------------------------------------
Maryland Total.............................................. 17.84 11.59 321.26
Arlington County................................................ 0.75 2.32 15.73
Fairfax County.................................................. 9.17 6.48 181.48
Fairfax City.................................................... 0.32 0.12 6.62
Falls Church City............................................... 0.19 0.07 3.86
Loudoun County.................................................. 4.33 4.74 86.35
Prince William County........................................... 2.73 3.07 50.92
Manassas City................................................... 0.13 0.10 2.87
Manassas Park City.............................................. 0.18 0.06 3.63
Alexandria City................................................. 0.67 0.26 13.54
-----------------------------------------------
Virginia Total.............................................. 18.47 17.22 365.00
-----------------------------------------------
Region Total............................................ 37.68 30.87 710.87
----------------------------------------------------------------------------------------------------------------
Note: Small discrepancies may result due to rounding.
[[Page 10324]]
Table 6--2017 DC Area BYEI MAR Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................ 0.13 1.34 0.35
Calvert County.................................................. 0.05 0.86 0.14
Charles County.................................................. 0.02 0.02 0.19
Frederick County................................................ 0.16 0.84 1.58
Montgomery County............................................... 0.05 0.73 0.75
Prince George's County.......................................... 0.04 0.52 0.52
-----------------------------------------------
Maryland Total.............................................. 0.33 2.96 3.17
Arlington County................................................ 0.76 2.38 6.77
Fairfax County.................................................. 0.03 0.58 0.15
Fairfax City.................................................... 0.00 0.00 0.00
Falls Church City............................................... 0.00 0.00 0.00
Loudoun County.................................................. 0.72 2.93 7.98
Prince William County........................................... 0.02 0.52 0.13
Manassas City................................................... 0.03 0.06 0.64
Manassas Park City.............................................. 0.00 0.00 0.00
Alexandria City................................................. 0.01 0.31 0.07
-----------------------------------------------
Virginia Total.............................................. 1.59 6.78 15.75
-----------------------------------------------
Region Total............................................ 2.05 11.09 19.26
----------------------------------------------------------------------------------------------------------------
Note: The cities of Fairfax and Falls Church, located within the Commonwealth of Virginia, did not have any 2017
emissions from the MAR category. Small discrepancies may result due to rounding.
Table 7--2017 DC Area BYEI On-Road Source Emissions
[Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
Jurisdiction VOC NOX CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................ 3.76 5.63 54.94
Calvert County.................................................. 1.28 1.81 11.70
Charles County.................................................. 1.95 3.44 19.05
Frederick County................................................ 3.81 9.98 53.15
Montgomery County............................................... 8.97 15.78 119.59
Prince George's County.......................................... 9.36 20.28 135.40
-----------------------------------------------
Maryland Total.............................................. 25.37 51.29 338.89
Arlington County................................................ 1.51 1.92 21.97
Fairfax County.................................................. 10.11 18.41 145.37
Fairfax City....................................................
Falls Church City...............................................
Loudoun County.................................................. 3.10 6.32 41.28
Prince William County........................................... 4.55 8.45 57.69
Manassas City...................................................
Manassas Park City..............................................
Alexandria City................................................. 1.18 1.40 13.07
-----------------------------------------------
Virginia Total.............................................. 20.45 36.50 279.38
Region Total............................................ 49.58 93.42 673.21
----------------------------------------------------------------------------------------------------------------
Note: Fairfax County emissions include on-road emissions from Fairfax City and Falls Church City. Prince William
County emissions include on-road emissions from Manassas City and Manassas Park City. Small discrepancies may
result due to rounding.
III. Proposed Action
EPA's review of the material included in their submissions
indicates that the States base year inventory SIPs meet the base year
inventory requirement for the 2015 ozone NAAQS for the DC Area.
Therefore, EPA is proposing to approve the DC Area base year inventory
SIPs, which were submitted by Maryland on October 7, 2020; the District
of Columbia on November 4, 2020; and Virginia on December 11, 2020. EPA
is soliciting public comments on the issues discussed in these
documents. These comments will be considered before taking final
action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege
[[Page 10325]]
Law, Va. Code Sec. 10.1-1198, provides a privilege that protects from
disclosure documents and information about the content of those
documents that are the product of a voluntary environmental assessment.
The Privilege Law does not extend to documents or information that: (1)
Are generated or developed before the commencement of a voluntary
environmental assessment; (2) are prepared independently of the
assessment process; (3) demonstrate a clear, imminent and substantial
danger to the public health or environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts . . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998, opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 rulemaking, proposing to approve the DC
Area base year inventory SIPs for the 2015 ozone NAAQS, does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the State, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Nitrogen dioxide, Volatile
organic compounds.
Dated: February 16, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-03863 Filed 2-23-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 24, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.