10318 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 

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. 

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 https://

www.regulations.gov, or via email to 

Gordon.Mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

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 

OShea.Michael@epa.gov. 

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, DCMD-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 

https://www.regulations.gov, 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 http://www.regulations.gov, 

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 


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1On 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. 

2The 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. 

3Appendix A1a—Point Source Inventory 

Development Overview (District of Columbia), DC 

submittal. 

4Appendix A1a—Point Source Inventory 

Development Overview (District of Columbia), MD 

submittal. 

5Appendix B1b—Point, Quasi-Point, Nonpoint 

and Marine/Air/Rail Inventory Development 

Overview (Maryland), DC submittal. 

6Appendix B1b—Point, Quasi-Point, Nonpoint 

and Marine/Air/Rail Inventory Development 

Overview (Maryland), MD Submittal. 

7Appendix A1b—Point Source Inventory 

Development Overview (Virginia), DC submittal. 

8Appendix A1b—Point Source Inventory 

Development Overview (Virginia), MD submittal. 

9Appendix A1b—Point Source Inventory 

Development Overview (Virginia), VA submittal. 

10Appendix A2a—Point Source Inventory Files 

(District of Columbia), DC submittal. 

11Appendix A2a—Point Source Inventory Files 

(District of Columbia), MD submittal. 

12Appendix B2b—Point, Quasi-Point, Nonpoint 

and Marine/Air/Rail Inventory Files (Maryland), DC 

submittal. 

13Appendix B2b—Point, Quasi-Point, Nonpoint 

and Marine/Air/Rail Inventory Files (Maryland), 

MD submittal. 

14Appendix A2b—Point Source Inventory Files 

(Virginia), DC submittal. 

15Appendix A2b—Point Source Inventory Files 

(Virginia), MD submittal. 

16Appendix A2b—Point Source Inventory Files 

(Virginia), VA submittal. 

17EPA’s DC TSD for the 2017 Base Year Inventory 

for the DC Area. 

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

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 onroad 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

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.789

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

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 NOX, 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

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, NOX, and VOC and provided 

justification for OSD calculations. See 

the State’s Appendix B1b for additional 


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18EPA’s MD TSD for the 2017 Base Year 

Inventory for the DC Area. 

19EPA’s VA TSD for the 2017 Base Year 

Inventory for the DC Area. 

20Appendix B1a—Nonpoint and Marine/Air/Rail 

Inventory Development Overview (District of 

Columbia), DC submittal. 

21Appendix B1a—Nonpoint and Marine/Air/Rail 

Inventory Development Overview (District of 

Columbia), MD submittal. 

22Appendix B1c—Virginia Nonpoint and Marine/ 

Air/Rail Inventory Development Overview, DC 

submittal. 

23Appendix B1c –Nonpoint and Marine/Air/Rail 

Inventory Development Overview (Virginia), MD 

submittal. 

24Appendix B1c—Virginia Nonpoint and Marine/ 

Air/Rail Inventory Development Overview, VA 

submittal. 

25Appendix D1—On-road Mobile Source 

Inventory Development Overview, DC submittal. 

26Appendix D1—On-road Mobile Source 

Inventory Development Overview, MD submittal. 

27Appendix D1—On-road Mobile Source 

Inventory Development Overview, VA submittal. 

28Appendix B2a—Nonpoint and Marine/Air/Rail 

Inventory Files (District of Columbia), DC submittal. 

29Appendix B2a—Nonpoint and Marine/Air/Rail 

Inventory Files (District of Columbia), MD 

submittal. 

30Appendix B2c—Nonpoint and Marine/Air/Rail 

Inventory Files (Virginia), DC submittal. 

31Appendix B2c—Nonpoint and Marine/Air/Rail 

Inventory Files (Virginia), MD submittal. 

32Appendix B2c—Nonpoint and Marine/Air/Rail 

Inventory Files (Virginia), VA submittal. 

details on methodology; see also EPA’s 

MD TSD.18

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 NOX, 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

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, offroad 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 quasipoint 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 quasipoint 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. 

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. NOX, VOC, and CO data 

were provided in tons, and both annual 

and ozone season totals were included. 

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 

NOX, 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 NOX, 

VOC and CO were provided in OSD and 

annually. 

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, NOX, 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: 


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33Appendix C—MOVES 2014b (Nonroad Mobile 

Model) Input and Output Files, DC Submittal. 

34Appendix C—MOVES 2014b (Nonroad Mobile 

Model) Input and Output Files, MD Submittal. 

35Appendix C—MOVES 2014b (Nonroad Mobile 

Model) Input and Output Files, VA Submittal. 

36Appendix 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 

regulation.gov but can be provided upon request. 

37Appendix D2—MOVES 2014b (Onroad Mobile 

Model) Input and Output Files, DC submittal. 38Appendix D2—MOVES 2014b (Onroad Mobile 

Model) Input and Output Files, MD submittal. 39Appendix D2—MOVES 2014b (Onroad Mobile 

Model) Input and Output Files, VA submittal. 40Appendix 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. 

• Recreational sector equipment, such 

as all-terrain vehicles and off-road 

motorcycles; 

• Construction sector equipment, 

such as graders and backhoes; 

• Industrial sector equipment, such as 

forklifts and sweepers; 

• Lawn and garden sector equipment, 

such as leaf and snow blowers; 

• Agricultural sector equipment, such 

as tractors; 

• Commercial sector equipment, such 

as compressors; 

• Logging sector equipment, such as 

chain saws; 

• Airport support sector equipment, 

such as airport ground support 

equipment; 

• Underground mining sector 

equipment, such as, mining equipment; 

• Oil field sector equipment, such as 

oil field equipment; 

• Pleasure craft sector equipment, 

such as personal watercraft; and 

• 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: 

• Equipment population for the base 

year, distributed by age, power, fuel 

type, and application; 

• Average load factor expressed as 

average fraction of available power; 

• Available power in horsepower; 

• Activity in hours of use per year; 

and 

• 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 C33 34 35 36 for MOVES2014b 

nonroad model input, output, and 

runspec files. 

5. Marine Vessels, Airport, Railroad 

Locomotives Sources 

Marine Vessels, Airport, Railroad 

Locomotives (MAR) is a non-road subcategory. 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 nonroad 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 onroad 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

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. 


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41EPA’s Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze Regulations—https://

www.epa.gov/sites/default/files/2017-07/ 

documents/ei_guidance_may_2017_final_rev.pdf. 

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

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. 


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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. 


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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 


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Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Proposed Rules 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 § 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 § 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: 

• 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2020–0430; FRL–7522–03– 

OAR] 

RIN 2060–AU63 

National Emission Standards for 

Hazardous Air Pollutants: Primary 

Copper Smelting Residual Risk and 

Technology Review and Primary 

Copper Smelting Area Source 

Technology Review; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On January 11, 2022, the U.S. 

Environmental Protection Agency (EPA) 

proposed a rule titled ‘‘National 

Emission Standards for Hazardous Air 

Pollutants: Primary Copper Smelting 

Residual Risk and Technology Review 

and Primary Copper Smelting Area 

Source Technology Review.’’ The EPA 

is extending the comment period on this 

proposed rule that currently closes on 

February 25, 2022, by 60 days. The 

comment period will now remain open 

until April 26, 2022, to allow additional 

time for Tribal Nations and stakeholders 

to review and comment on the proposal. 


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