[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Proposed Rules]
[Pages 58243-58249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24793]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC035-2015; DC044-2015; FRL-6878-2]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Post-1996 Rate-of-Progress Plan for the 
Metropolitan Washington, DC Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing approval of the Post-1996 plan for the 
Metropolitan Washington, DC ozone nonattainment area submitted by the 
District of Columbia. The District of Columbia Department of Health 
submitted this Post-1996 plan as a State Implementation Plan (SIP) 
revision for the Metropolitan Washington, DC serious ozone 
nonattainment area to meet the 9% rate-of-progress (ROP) requirement 
(the Post-1996 plan) of the Clean Air Act (the Act). The Post-1996 plan 
will result in significant emission reductions through 1999 from the 
1990 baseline emissions of volatile organic compounds (VOCs) and oxides 
of nitrogen (NO<INF>X</INF>), which contribute to the formation of 
ground level ozone.

DATES: Written comments must be received on or before October 30, 2000.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. 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; and the District of 
Columbia Department of Public Health, Air Quality Division, 51 N 
Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Christopher H. Cripps at (215) 814-
2179 (or by e-mail at <a href="/cdn-cgi/l/email-protection#5330213a2323207d303b213a20273c233b3621133623327d343c25"><span class="__cf_email__" data-cfemail="d9baabb0a9a9aaf7bab1abb0aaadb6a9b1bcab99bca9b8f7beb6af">[email protected]</span></a>) at the EPA Region 3 
office above.

SUPPLEMENTARY INFORMATION:

What Action is EPA Proposing Today?

    EPA is proposing approval of the Post-1996 plan submitted by the 
District of Columbia for the District's portion of the Metropolitan 
Washington, DC ozone nonattainment area.

What Are the Rate-of-Progress Requirements Applicable to the 
Metropolitan Washington, DC Area?

    The Act requires that serious and above ozone nonattainment areas 
develop plans to reduce area-wide VOC emissions after 1996 by 3% per 
year until the year of the attainment date required for that 
classification of nonattainment area. This is commonly referred to as 
the Post-1996 plan. In this case, the Metropolitan Washington, DC ozone 
nonattainment area (``the Washington area'') is classified as a serious 
ozone nonattainment area; the serious attainment date is 1999. The 3% 
per year requirement is expressed as an average over consecutive 3-year 
periods; thus, the requirement is a 9% reduction by 1999. These plans 
were to be submitted by November 15, 1994, and the first 9% reductions 
were required to be achieved within 9 years after enactment, that is, 
by November 15, 1999. This 9% reduction requirement is a continuation 
of the requirement for a 15% reduction in VOC by 1996. For the Post-
1996 plan, the Act allows the substitution of NO<INF>X</INF> emissions 
reductions for VOC emission reductions where equivalent air quality 
benefits are achieved as determined using the applicable EPA guidance. 
The 9% VOC/

[[Page 58244]]

NO<INF>X</INF> reduction required by November 15, 1999 is a 
demonstration of reasonable further progress in the Washington area, 
and will be called ``rate-of-progress'' within this document. Our 
assessment of the Post-1996 plan is limited to whether or not the 9% 
reduction requirement is met.

What Areas Are Covered by the Post-1996 Plan for Metropolitan 
Washington, DC Area?

    The Washington area consists of the District of Columbia, the 
Northern Virginia area (Arlington, Fairfax, Loudoun, Prince William and 
Stafford Counties and the cities of Alexandria, Falls Church, Fairfax, 
Manassas, and Manassas Park), and Calvert, Charles, Frederick, 
Montgomery, and Prince George's Counties in Maryland.

What Agencies and Organizations Developed the District's Post-1996 
Plan for Metropolitan Washington, DC Area?

    The District of Columbia, Virginia and Maryland must demonstrate 
reasonable further progress (rate-of-progress) for the Washington area. 
These jurisdictions, under the auspices of the Metropolitan Washington 
Air Quality Committee (MWAQC) (with the assistance of the Metropolitan 
Washington Council of Governments) collaborated on a coordinated Post-
1996 plan for the Washington area. The MWAQC includes state and local 
elected officials and representatives of the DC Department of Health, 
the Maryland Department of the Environment, the Virginia Department of 
Environmental Quality and the National Capital Region Transportation 
Planning Board (TPB). The Act provides for interstate coordination for 
multi-state nonattainment areas. Because ROP requirements such as the 
Post-1996 plan establish emission budgets for transportation 
improvement plans, municipal planning organizations have historically 
been involved in air quality planning in the Washington area. The MWAQC 
ensures consultation with the TPB during the development of the Post-
1996 plan and emission budgets. As explained below, the regional Post-
1996 plan determined the regional target level, regional projections of 
growth and finally the total amount of creditable reductions required 
under the 9% requirement in the Washington area. The District of 
Columbia, Maryland and Virginia agreed to apportion this total amount 
of required creditable reductions among themselves. Although the plan 
was developed by a regional approach, each jurisdiction is required to 
submit its portion of the Post-1996 plan to EPA as a revision to its 
SIP. This proposed rulemaking only addresses the Post-1996 plan 
submitted by the District of Columbia for the Washington area.

When Did the District of Columbia Submit the Post-1996 Plan for the 
Metropolitan Washington, DC Area?

    The District of Columbia Department of Health originally submitted 
their portion of the area-wide Post-1996 plan as a SIP revision on 
November 3, 1997. On May 25, 1999 the District of Columbia Department 
of Health submitted a revised Post-1996 plan for the Washington area 
which supplanted the 1997 submission.

What Action Is EPA taking on Maryland's and Virginia's Post-1996 
Plans for the Metropolitan Washington, DC area?

    The Maryland Department of the Environment (MDE) submitted its 
portion of the area-wide Post-1996 plan as a SIP revision on December 
24, 1997. The Virginia Department of Environmental Quality (VADEQ) 
submitted its portion of the area-wide Post-1996 plan as a SIP revision 
on December 19, 1997. On May 20, 1999 and May 25, 1999, respectively, 
the MDE and VADEQ submitted a revised Post-1996 plan for the Washington 
area that supplanted the 1997 submissions. We will be taking action on 
these Post-1996 plan SIP revisions in the near future via separate 
rulemaking actions.

What Are the Effects on Emissions and How is the 3% Per Year Post-
1996 Reduction Calculated?

    A Post-1996 plan consists of a plan to achieve a target level of 
emissions. There are several important emission inventories and 
calculations associated with the plan. These include: The base year 
emission inventory, future year projection inventories, and target 
level calculations. Each of these is described below.

A. Base Year Emission Inventory

    EPA reviewed the 1990 base year emissions inventory and the 
revisions to this inventory submitted with the Post-1996 plan, and has 
approved these revisions for both jurisdictions (63 FR 36854, July 8, 
1998). The 1990 ROP inventory for the Washington area, which is 
fundamental to the Post-1996 plan, is the 1990 base year emissions 
inventory excluding biogenic emissions. The 1990 base year inventory is 
contained in the state submittal.

B. Projection Inventories--Growth in Emissions

    A projection of growth in VOC and NO<INF>X</INF> emissions from 
1990 to 1999 is required for the 9% requirement. VOC growth from 1990 
to 1996 was described in the 15% plans, thus the remaining VOC growth 
from 1996 to 1999 is described in the Post-1996 plan. To meet the 9% 
requirement, a state must enact measures achieving sufficient emissions 
reductions to offset projected growth in emissions, in addition to 
achieving a 9% reduction of VOC/NO<INF>X</INF> emissions from baseline 
levels through 1999. This requirement may be satisfied by determining 
the amount of creditable emission reductions needed to offset growth in 
VOC emissions from 1996 to 1999 and in NO<INF>X</INF> emissions from 
1990 to 1999. The calculation can be made by projecting the 1990 base 
year VOC inventory out to 1999 considering only the current control 
strategy. Growth must be determined separately for each source or 
source category, since sources typically grow at different rates.
    The Post-1996 plan for the Washington area contains growth 
projections for stationary, area, on-road motor vehicle, and non-road 
vehicle source categories using acceptable growth factor surrogates. A 
more detailed description of the state submittal and EPA's evaluation 
are included in a Technical Support Document (TSD) prepared in support 
of this rulemaking action. A copy of the TSD is available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this document. EPA has determined that the methodology in the 
District's Post-1996 plan for selecting growth factors and applying 
them to the 1990 base year emissions inventory to estimate emissions 
growth in point, area, on-road mobile, and off-road mobile sources 
(from 1996 to 1999 for VOC and from 1990 to 1999 for NO<INF>X</INF>) is 
approvable.

C. Calculation of Target Level Emissions and Substitution of 
NO<INF>X</INF> Reduction

1. 15% VOC Target Level
    The Act requires that the SIP achieve a reduction of 9% of the 1990 
baseline emissions after November 15, 1996 and before November 15, 
1999. This reduction is in addition to a 15% reduction in base line 
emissions by 1996. This 15% requirement is referred to as the 15% plan. 
Under EPA's guidance, the starting point for calculating the Post-1996 
plan's target level of VOC emissions is the target level of VOC 
emissions for 1996 found in the 15% plan.
2. 1999 VOC Target Level
    For the VOC portion of the 9% reduction requirement, the 1999 VOC 
emissions target level is calculated as follows:

[[Page 58245]]

    a. The 1990 base year emission inventory is adjusted to account for 
the effects of certain motor vehicle and gasoline volatility control 
programs. One of these is the Federal Motor Vehicle Control Program 
(FMVCP) standards implemented before 1990, called Tier 0 FMVCP. The 
second of these programs is the second phase of EPA's Reid Vapor 
Pressure (Phase II RVP) regulations, implemented in 1992. To calculate 
these effects, projected 1999 emission factors that will result from 
Tier 0 FMVCP and RVP were calculated using EPA's MOBILE5b model. These 
1999 ``adjusted'' emission factors are multiplied by the 1990 Vehicle 
Miles Traveled (VMT) to determine the 1990 adjusted base year VOC 
emissions inventory for 1999 which determines the effects of the Tier 0 
FMVCP between 1996 and 1999 on the 1990 ROP emissions inventory. This 
is done for the Washington area and includes a breakdown by 
jurisdiction.
    b. Because the plan uses NO<INF>X</INF> substitution, the 
Washington area does not have to reduce VOC base line emissions by 9% 
but can use a smaller percentage as long as sufficient NO<INF>X</INF> 
reductions are achieved. The Post-1996 plan is based upon a 1% VOC 
reduction and a 8% NO<INF>X</INF> reduction.
    c. The effect on base line emissions by Tier 0 FMVCP between 1996 
and 1999 must be considered. EPA's guidance requires the determination 
of the Fleet Turnover Correction for 1996 to 1999 to account as for the 
turnover of vehicles between 1996 and 1999. This correction is the 
difference of the 1990 adjusted base year VOC emissions inventory for 
1996 and the 1990 adjusted base year VOC emissions inventory for 1999.
    d. The base 1% VOC reduction and the fleet correction term are 
summed, then subtracted from the 1996 VOC target level to yield the 
1999 VOC target level of emissions.
3. 1999 NO<INF>X</INF> Target Level
    The Post-1996 plan for the Metropolitan Washington, DC area uses 
NO<INF>X</INF> substitution. The 1999 NO<INF>X</INF> target level of 
emissions is calculated in a manner similar to the 1996 VOC target 
level except the base year inventory is adjusted to 1999, not 1996. 
There are no reductions from corrections to RACT and I/M rules. The 
Post-1996 plan uses a 8% NO<INF>X</INF> reduction. The reductions from 
Tier 0 FMVCP and Phase II RVP (from 1990 to 1999) are the difference 
between the 1990 NO<INF>X</INF> ROP emissions inventory and the 1990 
adjusted base year NO<INF>X</INF> emissions inventory for 1999. 
Therefore, the 1999 NO<INF>X</INF> target level is the 1990 
NO<INF>X</INF> ROP emissions inventory less Tier 0 and Phase II RVP 
reductions from 1990 to 1999 and the 8% NO<INF>X</INF> reduction. This 
calculation is contained in the District's submittal.
4. 15% Plan Revisions
    For areas impacted by delays in implementing an enhanced I/M 
program, EPA's guidance allows approval of the 15% plan if the 15% 
reduction is achieved after 1996 when certain criteria are met. One 
criterion is a showing that the 15% reduction is achieved no later than 
November 15, 1999. This guidance establishes a slightly different 
demonstration of rate of progress by modifying the calculation of the 
1996 VOC target level. The base 1996 target level is just 85% of the 
1990 adjusted base year VOC emissions inventory for 1996. To account 
for 1996 to 1999 reductions in ``base line emissions'' from Tier 0 
FMVCP, the fleet turnover correction for 1996 to 1999 is subtracted 
from the ``base'' 1996 target level to yield the 1996 target level of 
emissions corrected for the Fleet Turnover Correction for 1996 to 1999. 
If a State's 15% plan for an area is approved under this guidance, the 
State does not need to subtract the fleet turnover correction for 1996 
to 1999 from the final 15% plan target level as discussed in 2. 1999 
VOC Target Level above, when calculating the 1999 VOC target level 
because this fleet turnover correction will have already been included 
in the 15% target level. The District, the State of Maryland and the 
Commonwealth of Virginia all submitted such plans (the revised 15% 
plan). EPA has already acted upon and approved these revised 15% plans 
in separate rulemaking actions. The target level calculations and the 
amount of creditable emission reductions needed for the entire 
Washington area to fulfill the 9% requirement are summarized Table 1 
below:

Table 1.--Target Level And Emission Reduction Needs for the Metropolitan
               Washington, DC Area Through 1999 (tons/day)
------------------------------------------------------------------------
                                                         VOC       NO<INF>X</INF>
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(1) Starting Emissions Level:
  15% Target Level for VOC..........................     384.6  ........
  1990 ROP Base Year Inventory for NO<INF>X</INF>..............  ........     730.9
(2) 1990 to 1999 Tier 0 FMVCP and Phase II RVP           <SUP>a</SUP> 0.0      62.8
 Reductions.........................................
(3) ROP Reduction:
  1% VOC............................................       4.4
  8% NO<INF>X</INF>............................................  ........      53.4
(4) 1999 Target Level (Row 1 minus Row 2 minus Row       380.2     614.7
 3).................................................
(5) 1999 Uncontrolled Emissions.....................     511.7     765.2
(6) Total Reductions Needed to make ROP by 1999.....     131.5    150.5
------------------------------------------------------------------------
Notes: <SUP>a</SUP> Included in the 15% Target Level.

5. NO<INF>X</INF> Substitution
    EPA issued guidance for NO<INF>X</INF> substitution in Post-1996 
plans in December 1993 with a supplement on August 5, 1994. This 
guidance sets an equivalency test for VOC and NO<INF>X</INF> reductions 
and requires that the level of NO<INF>X</INF> substitution be supported 
by photochemical grid modeling. The equivalency test essentially sets 
two criteria. The first criterion is that the plan must set the 1999 
target levels for VOC and NO<INF>X</INF> emissions using a total 
percent reduction in VOC emissions plus the percent reduction in 
NO<INF>X</INF> emissions that is greater than or equal to nine percent 
(9%). In this case, the Washington area states calculated the Post-1996 
plan target levels using a 1% VOC reduction and 8% NO<INF>X</INF> 
reduction. The second criterion is that the Post-1996 plan achieve 
sufficient VOC and NO<INF>X</INF> reductions to ensure that the 
projected 1999 VOC and NO<INF>X</INF> emissions will be less than or 
equal to the respective target levels in the Post-1996 plan. EPA 
analysis of whether the plan provides for sufficient NO<INF>X</INF> and 
VOC reductions is discussed below in under the heading ``What control 
strategies has the District of Columbia included in the Post-1996 
Plan?''
    EPA's guidance requires that the amount of substituted 
NO<INF>X</INF> reductions in the Post-1996 plan be less than or equal 
to the amount of NO<INF>X</INF> reductions needed to attain the 
national ozone standard. The amount of NO<INF>X</INF> reductions needed 
for attainment must be demonstrated by photochemical grid modeling. The 
District's demonstration that the NO<INF>X</INF> substitution is based 
upon local scale modeling performed on the Baltimore-Washington Urban 
Airshed Modeling (UAM) domain and upon EPA's Regional Oxidant Modeling 
(ROM) results. Both EPA's ROM results and the photochemical grid 
modeling submitted with the attainment plan show that significant 
NO<INF>X</INF> reductions will contribute to attainment in the area.

[[Page 58246]]

The local UAM modeling also shows that NO<INF>X</INF> reductions, 
beyond those contained in the Post-1996 plan, provide reductions in 
ozone concentrations. The Post-1996 plan substitutes fewer 
NO<INF>X</INF> reductions than assumed in the attainment plan modeling. 
EPA has, therefore, determined that the NO<INF>X</INF> for VOC 
substitution in the Post-1996 plan is adequately supported by 
creditable photochemical grid modeling and meets the requirements of 
EPA's NO<INF>X</INF> substitution guidance. EPA has determined that its 
NO<INF>X</INF> substitution guidance was properly followed and the 
proper methodology was used to calculate the 1999 NO<INF>X</INF> and 
VOC target levels. The effect of EPA's NO<INF>X</INF> substitution 
guidance on the Metropolitan Washington, DC area is that for every 6.7 
tons of NO<INF>X</INF> reduction (53.8 divided by 8 percent--refer to 
line 3 in Table 1 above) in the 1999 NO<INF>X</INF> target level has to 
be substituted for every 4.4 tons of VOC reduction (4.4 tons divided by 
1 percent--refer to line 3 in Table 1 above) in the 1999 VOC target 
level, that is, approximately 1.5 tons of NO<INF>X</INF> reductions are 
substituted per ton of VOC reduction. When considering reduction needs 
to account for growth 150 tons of NO<INF>X</INF> reduction are needed 
for 122 tons of VOC reduction--a ratio of 1.2 tons of NO<INF>X</INF> 
per ton of VOC.\1\
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    \1\ Part of the difference is that the post-1999 plan must 
achieve a 1% reduction on top of maintaining the target level of VOC 
emissions resulting from the 15% VOC reduction required by 1996.
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    EPA believes that following our NO<INF>X</INF> substitution 
guidance is legally sufficient to demonstrate that any NO<INF>X</INF> 
substitution in an ROP plan meets the equivalency requirements of the 
Act. The local UAM modeling submitted with the attainment demonstration 
also supports the conclusion that, on a ton for ton basis, 
NO<INF>X</INF> reductions achieve at least equivalent changes in ozone 
concentrations as an equivalent reduction in VOC emissions.

D. Nonattainment Area-Wide Plan--Apportionment of Reduction Needs

    EPA must determine whether or not the Washington area 9% 
requirement has been met. In general, the emission reduction from a 
measure is the difference of the future year projected uncontrolled 
emissions and the future year controlled emissions, or is equal to a 
percentage of the future year projected uncontrolled emissions. For on-
road mobile sources, the emission reductions from a measure or suite of 
measures are determined by the difference of projected future year 
emissions without and with new control measures.
    The regional nonattainment area-wide Post-1996 plan apportions 
among the District, Maryland and Virginia the amount of creditable 
emission reductions that each state must achieve in order for the 
nonattainment area to achieve, as a region, the required 9% reduction 
in VOC net of growth. The Post-1996 plan identifies the amount of 
creditable emission reductions that each state must achieve for the 
nonattainment area-wide plan to get a 9% reduction accounting for any 
growth in emissions from 1990 to 1999. \2\ The District of Columbia, 
Maryland and Virginia each committed to achieving the necessary 
NO<INF>X</INF> and VOC reductions, found in Table 2 below. This 
proposed rulemaking action only concerns the District's commitment.
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    \2\ The plan projects all growth in emissions to 1999 from the 
1990 base year emissions inventory levels. Thus the amount of 
emission reductions needed to account for growth in VOC emissions 
from 1990 to 1999 would be the sum of the growth in emissions from 
1990 to 1996 which had to be addressed in the 15% plan plus growth 
in VOC emissions from 1996 to 1999.

    Table 2.--Emission Reduction Commitments for the Metropolitan Washington, DC Area Through 1999 (tons/day)
----------------------------------------------------------------------------------------------------------------
                                         District of
                                           Columbia           Maryland           Virginia          Area total
----------------------------------------------------------------------------------------------------------------
Total VOC reduction by 1999.........               10.6               63.7               57.2              131.5
Total NO<INF>X</INF> reduction by 1999.........                7.2               96.8               46.6              150.6
----------------------------------------------------------------------------------------------------------------

    Because the Post-1996 plan for the Washington area was developed 
using a regional approach, the required VOC and NO<INF>X</INF> emission 
reductions for each jurisdiction have been apportioned using a ratio of 
the regional reduction requirement to the claimed creditable measures 
for the nonattainment area. This result was then multiplied by each 
jurisdiction's total creditable measures to determine its emission 
reduction requirement. EPA has determined that this apportionment of 
the emission reduction needed for ROP is approvable because the Act 
provides for interstate planning of SIPs, and because all three 
jurisdictions have committed to achieving, in the aggregate, sufficient 
reductions to achieve this 9% requirement in the entire nonattainment 
area.

What Control Strategies Has the District of Columbia Included in 
the Post-1996 Plan?

    The Post-1996 plan describes the emission reduction credits that 
the Washington area jurisdictions are claiming toward their 9% 
reduction requirement. These control measures are described in detail 
in the TSD for this rulemaking. A copy of the TSD is available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this notice. The Post-1996 plan for the Washington area claims VOC 
and NO<INF>X</INF> emission reductions from the following measures:

1. Architectural and Industrial Maintenance (AIM) Coatings 
Reformulation

    This federal rule (63 FR 48819, September 11, 1998), which reduces 
emissions from architectural coatings and industrial maintenance 
coatings, allows credit for a 20% reduction in VOC emissions, which is 
1.6 TPD for in the District's portion of the Washington area in the 
Post-1996 plan. EPA has determined that this reduction is creditable.

2. Consumer and Commercial Products

    This federal rule (63 FR 48848, September 11, 1998) allows states 
to claim a 20% reduction from 1999 VOC emissions from 24 categories of 
consumer products. The Post-1996 plan claim of 0.6 TPD in emission 
reductions from this measure in the District's portion of the 
Washington area is creditable.

3. Autobody Refinishing

    The federal rule to control VOC emissions from autobody refinishing 
(63 FR 48806, September 11, 1998) applies in the District of Columbia. 
EPA's rule will achieve a 33% nationwide reduction or a 36% reduction 
after

[[Page 58247]]

removal of those states that already had a rule at the time the base 
line was determined are removed from the base line. The District did 
not have a rule at the time the baseline was developed. The Post-1996 
plan claims a 35.7% reduction from both jurisdictions; thus, EPA can 
allow up to a 36% emissions reduction. The total creditable autobody 
refinishing emissions reductions in the Post-1996 plan is 0.5 TPD in 
the District's portion of the Washington area.

4. Graphic Arts

    These rules would regulate emissions from lithographic printing 
operations. The District has a SIP approved state rules covering this 
source category. These rules required final compliance before November 
15, 1999 (64 FR 57777, October 27, 1999). The VOC emissions reduction 
claimed in the Post-1996 plan from graphic arts is 0.6 TPD.

5. Non-road Gasoline Engines Rule

    This federal measure takes credit for VOC emission reductions from 
emissions standards for small non-road, spark-ignition utility engines 
(40 CFR 90 subpart A, 60 FR 34598, July 3, 1995). This measure affects 
non-road equipment rated at or below 25 horsepower. The District 
claimed 0.9 TPD VOC in its Post-1996 plan from this measure for its 
portion of the area. The rule also results in a -0.1 TPD increase in 
NO<INF>X</INF> emissions in the District's portion of the area. The VOC 
reductions are creditable toward the reduction requirement, and the 
NO<INF>X</INF> emission increase is included in the plan.

6. Non-road Diesel Engines Rule

    The federal rule (40 CFR 89, 59 FR 31306, June 17, 1994) controls 
NO<INF>X</INF> emissions from non-road, diesel powered utility engines, 
affecting diesel-powered construction equipment, industrial equipment, 
etc., rated at or above 50 horsepower. The Post-1996 plan claimed 0.9 
TPD in NO<INF>X</INF> reductions from this measure, which is acceptable 
toward the 9% reduction requirement in the District's portion of the 
Washington area.

7. State NO<INF>X</INF> Requirements

    This measure claimed reductions from the application of reasonable 
available control technology (RACT) on NO<INF>X</INF> sources in the 
Washington area. The Post-1996 plan claims a total 2.1 TPD from this 
NO<INF>X</INF> emission control in the District's portion of the 
Washington area. Elsewhere in today's Federal Register EPA has proposed 
approval of the District's NO<INF>X</INF> RACT rule. Therefore, the 2.1 
TPD NO<INF>X</INF> reduction through 1999 will be creditable toward the 
9% reduction requirement once EPA approves the District's 
NO<INF>X</INF> RACT rule.

8. Enhanced Vehicle Inspection and Maintenance

    The Act requires the Washington area states to adopt enhanced 
inspection and maintenance (I/M) programs. The Post-1996 plan uses the 
MOBILE5b model to determine the enhanced I/M emission benefits. On June 
11, 1999, we approved the District's enhanced I/M program (64 FR 
31498). We are approving the 3.9 TPD VOC and 2.4 TPD NO<INF>X</INF> 
reductions from the District's enhanced I/M program toward the Post-
1996 ROP requirement.

9. Reformulated Gasoline (RFG)

    The Act requires that only reformulated gasoline (RFG), designed to 
burn cleaner and produce fewer evaporative emissions, be sold and 
dispensed in severe and above ozone nonattainment areas. The Act allows 
other nonattainment areas to ``opt in'' to the program to achieve 
creditable VOC emission reductions. EPA approved the requests of the 
District of Columbia to opt the Washington area into the RFG program. 
RFG reduces exhaust VOC and evaporative VOC emissions in on-road and 
non-road mobile sources and evaporative VOC emissions that occur during 
refueling of light-duty gasoline powered vehicles and trucks. RFG also 
results in reduced NO<INF>X</INF> exhaust emissions from on-road mobile 
sources. The emission reduction benefit from the opt-in to this federal 
program in the Post-1996 plan is 2.1 TPD VOC in the District's portion 
of the Washington area from on-road mobile sources as determined using 
MOBILE5b. For off-road mobiles sources the VOC emission reduction 
benefit claimed from this federally enforced program in the Post-1996 
plan is 0.1 TPD in the District's portion of the Washington area. These 
reductions are creditable.

10. Tier 1 New Vehicle Standards

    The Act requires EPA to issue standards under the FMVCP for new 
motor vehicles. The first of these were implemented in 1994 and are 
called Tier 1 FMVCP. These standards include exhaust (``tailpipe'') 
emission standards and better evaporative emission controls 
demonstrated through new federal evaporative test procedures. EPA 
promulgated this program (56 FR 25724, June 5, 1991) so the emission 
reductions are fully enforceable. The Post-1996 plan used the MOBILE5b 
model to determine the emission benefits of 1.4 TPD VOC and 2.3 TPD 
NO<INF>X</INF>. These reductions are fully creditable toward the 9% 
reduction requirement.

11. National Low Emissions Vehicle (NLEV)

    The National Low Emission Vehicle (NLEV) program is a nationwide 
clean car program not mandated by the Act, designed to reduce ground 
level ozone (or smog) and other air pollution emitted from newly 
manufactured motor vehicles. On June 6, 1997 (62 FR 31192) and on 
January 7, 1998 (63 FR 926), the Environmental Protection Agency (EPA) 
promulgated rules outlining the framework for the NLEV program. These 
NLEV regulations allow auto manufacturers to commit to meet tailpipe 
standards for cars and light-duty trucks that are more stringent than 
EPA could otherwise mandate under the authority of the Clean Air Act. 
The regulations provided that the program would come into effect only 
if Northeast states and auto manufacturers agreed to participate. On 
March 9, 1998 (63 FR 11374), EPA published a finding that the program 
was in effect. Nine northeastern states including the District, 
Maryland and Virginia, and 23 auto manufacturers had opted to 
participate in the NLEV program. Once in effect, the NLEV Program 
became enforceable in the same manner as any other Federal new motor 
vehicle emission control program. The NLEV Program will result in 
substantial reductions in VOC and NO<INF>X</INF> emissions which 
contribute to unhealthy levels of smog in many areas across the 
country. NLEV vehicles are 70% cleaner than those otherwise required 
under the Clean Air Act. In the Northeast States, the phase-in of the 
NLEV vehicles began with the model year 1999 vehicles. In addition, the 
program provides substantial harmonization of Federal and California 
new motor vehicle standards and test procedures, which enables 
manufacturers to move towards the design and testing of vehicles to 
satisfy one set of nationwide standards. The NLEV Program demonstrates 
how cooperative partnership efforts can produce a smarter, cheaper 
emissions control program, which reduces regulatory burden while 
increasing protection of the environment and public health. A SIP 
revision from each participating northeastern state is required as part 
of the agreement between states and automobile manufacturers to ensure 
the continuation of the National LEV Program to supply clean cars 
throughout most of the country. On July 20, 2000, EPA approved the 
District's NLEV SIP revision (65 FR 44981). The 0.2 TPD VOC and 0.2 TPD 
NO<INF>X</INF> reductions in the

[[Page 58248]]

District's portion of the Washington area are fully creditable toward 
the 9% reduction requirement.

What Are the Total Reductions in the Post-1996 Plan?

    Tables 3 and 4 summarize the VOC and NO<INF>X</INF> creditable 
measures in the District's Post-1996 plan for the Washington area.

     Table 3.--Creditable VOC Emission Reductions in the District of
Columbia's Post-1996 Plan for the Metropolitan Washington, DC Area (tons/
                                  day)
------------------------------------------------------------------------
                                                                Total
                                                             reductions
                          Measure                           in tons  per
                                                                 day
------------------------------------------------------------------------
Tier 1 FMVCP..............................................           1.4
NLEV......................................................           0.2
RFG Benefits..............................................           2.2
Autobody Refinishing......................................           0.5
AIM.......................................................           1.6
Consumer Products.........................................           0.6
Graphic Arts..............................................           0.5
Non-road Gasoline Engines Rule............................           0.9
NLEV......................................................           0.2
Enhanced I/M..............................................           3.9
                                                           -------------
    Total Creditable Reductions...........................          11.8
------------------------------------------------------------------------


     Table 4.--Creditable NO<INF>X</INF> Emission Reductions in the District of
Columbia's Post-1996 Plan for the Metropolitan Washington, DC Area (tons/
                                  day)
------------------------------------------------------------------------
                                                                Total
                                                             reductions
                          Measure                           in tons  per
                                                                 day
------------------------------------------------------------------------
Enhanced I/M..............................................           2.4
Tier 1....................................................           2.5
NLEV......................................................           0.2
Non-road Gasoline Engines.................................          -0.1
Non-road Diesel Engines...................................           0.4
State NO<INF>X</INF> RACT............................................           2.1
                                                           -------------
    Total Creditable Reductions...........................           7.5
------------------------------------------------------------------------

    Based upon the measures listed in the above tables, EPA has 
determined the Post-1996 plan submitted by The District of Columbia for 
the Washington area will achieve the required reductions to enable the 
District to meet its reduction commitments in the Post-1996 plan for 
the Metropolitan Washington, DC area. Thus, the District's Post-1996 
plan meets the 9% VOC emission reduction of the requirements of the 
Act.

What Are the Transportation Conformity Budgets in the Post-1996 
Plan?

    Under EPA's transportation conformity rule, the Post-1996 plan is a 
control strategy SIP (62 FR 43779, August 15, 1997). A control strategy 
SIP establishes budgets to which federally funded and approved 
transportation projects and plans must conform. The Post-1996 plan 
establishes VOC and NO<INF>X</INF> budgets for the Washington area that 
are applicable for determinations for 1999 and are applicable in later 
years in the absence of other applicable budgets. The Post-1996 plan 
adopts and establishes the following transportation conformity budgets 
for the entire Washington area: a VOC budget for 1999 of 128.5 TPD, and 
a NO<INF>X</INF> budget for 1999 of 196.4 TPD. On August 11, 1999, we 
announced that these motor vehicle emissions budgets were adequate for 
transportation conformity purposes effective August 26, 1999 (64 FR 
43698, August 11, 1999). EPA's proposed action will have the effect of 
proposing approving these budgets for the Metropolitan Washington, DC 
area into the District of Columbia SIP.

Proposed Action

    EPA is proposing approval of the Post-1996 plan submitted by the 
District of Columbia for the District's portion of the Metropolitan 
Washington, DC ozone nonattainment area.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This proposed action merely approves state law as meeting 
federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it 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). For the same reason, this proposed rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This proposed rule also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant. In reviewing SIP submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a SIP submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a SIP submission, to use VCS in place of a SIP submission that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this proposed rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order.
    This proposed rule regarding the District of Columbia's Post-1996 
plan for the Washington area does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

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


[[Page 58249]]


    Dated: September 15, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.
[FR Doc. 00-24793 Filed 9-27-00; 8:45 am]
BILLING CODE 6560-50-U


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