[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Proposed Rules]
[Pages 10318-10325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03863]



[[Page 10318]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0727; FRL-9552-01-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia, Maryland, and Virginia; 2017 Base Year Emissions 
Inventories for the Washington, DC-MD-VA Nonattainment Area for the 
2015 Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve state implementation plan (SIP) revisions submitted by the 
District of Columbia (DC), State of Maryland (MD), and Commonwealth of 
Virginia (VA) (collectively, the States). This revision consists of the 
base year inventory for the Washington, DC-MD-VA nonattainment area 
(the DC Area) for the 2015 ozone national ambient air quality standards 
(NAAQS). This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 28, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0727 at https://www.regulations.gov, or via email to 
[email protected]. 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 
[email protected].

SUPPLEMENTARY INFORMATION: On October 7, 2020, the Maryland Department 
of the Environment (MDE) submitted a revision to the Maryland SIP 
entitled, ``SIP--20-04 2017 Base Year Inventory for the Washington, DC-
MD-VA 2015 Ozone NAAQS Nonattainment Area.'' This revision is referred 
to as the ``MD submittal'' in this rulemaking. On November 4, 2020, the 
District of Columbia Department of Energy and Environment (DOEE), 
submitted a revision to the DC SIP entitled, ``DC 2015 Ozone NAAQS 
Attainment Plan Base Year Inventory.'' This revision is referred to as 
the ``DC submittal'' in this rulemaking. On December 11, 2020, the 
Virginia Department of Environmental Quality (VADEQ) submitted a 
revision to the Virginia SIP entitled, ``8-Hour Ozone (2015 Standard)--
Washington Attainment Plan `VA_2017O3BYEI_12112020.' '' This revision 
is referred to as the ``VA submittal'' in this rulemaking. These 
individual SIPs were collaboratively developed by DOEE, MDE, VADEQ, and 
the Metropolitan Washington Council of Government (MWCOG). The 
individual state SIP revisions, referred to collectively in this 
rulemaking action as the ``DC Area base year inventory SIPs,'' address 
the base year inventory requirement for the DC Area for the 2015 ozone 
NAAQS. The individual state SIP submissions, including their 
appendices, are included in the docket for this rulemaking and are 
available online at 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

[[Page 10319]]

Inventory (NEI) pursuant to the Air Emissions Reporting Requirements 
(AERR) rule is 2017. 73 FR 76539 (December 17, 2008). The States 
selected 2017 as their baseline emissions inventory year for RFP. This 
selection comports with EPA's implementation regulations for the 2015 
ozone NAAQS because 2017 is the inventory year. 40 CFR 51.1310(b).\1\
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    \1\ On January 29, 2021, the Court of Appeals for the D.C. 
Circuit issued its decision regarding multiple challenges to EPA's 
implementation rule for the 2015 ozone NAAQS which included, among 
other things, upholding this provision allowing states to use an 
alternative baseline year for RFP. Sierra Club v. EPA, No. 15-1465 
(D.C. Cir.). The other provisions of EPA's ozone implantation rule 
at issue in the case are not relevant for this rulemaking.
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    Further, 40 CFR 51.1315(c) requires emissions values included in 
the base year inventory to be actual ozone season day emissions as 
defined by 40 CFR 51.1300(q), which states: Ozone season day emissions 
means an average day's emissions for a typical ozone season work 
weekday. The state shall select, subject to EPA approval, the 
particular month(s) in the ozone season and the day(s) in the work week 
to be represented, considering the conditions assumed in the 
development of RFP plans and/or emissions budgets for transportation 
conformity. The States included actual ozone season day emissions, 
pursuant to 40 CFR 51.1315(c).

C. DC Area Base Year Inventory SIPs

    The DC Area base year inventory SIPs, contain an explanation of 
each State's 2017 base year emissions inventory for stationary, non-
point, non-road, and on-road anthropogenic sources, as well as biogenic 
sources, in the DC Area. The States estimated anthropogenic emissions 
for volatile organic compound (VOC), nitrogen oxide (NOx), and carbon 
monoxide (CO) for a typical ozone season work weekday. As identified 
above, the DC Area base year inventory SIPs were developed 
collaboratively. As such, their 2017 base year emissions inventory are 
almost identical and, therefore, will be referred to collectively as 
the ``2017 DC Area BYEI'' in the remainder of this rulemaking, unless 
otherwise noted because individual distinctions are necessary.\2\
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    \2\ The 2017 DC Area BYEI submitted by each individual state is 
found as follows: DC submittal--Appendix BY2017 
_EI_Document_October_30_2020_FINAL; MD submittal--Appendix 2. Wash 
Region 2015 NAAQS BY Inventory SIP; and VA submittal--Appendix NVA-
INV-SIP-1.
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    The States developed the 2017 DC Area BYEI with the following 
source categories of anthropogenic emissions sources: Point, quasi-
point, non-point, non-road model, on-road, and commercial marine 
vessels, airport, and railroad (MAR) emissions sources, in addition to 
biogenic total sources. The 2017 DC Area BYEI sets out the 
methodologies the States used to develop their base year inventory for 
each source listed. Those methodologies are explained in further depth 
within appendices A-D of each state's submission. Data justifying the 
inventories are also provided within appendices A-D of each state's 
submission. Note, however, that Virginia only included appendix items 
relevant to their own state but uploaded files jointly with DC for the 
full inventory development. Furthermore, the MD submittal was earliest 
and, as such, contains data, development, and guidance that precedes 
the widespread adoption of the 2017 NEI. This timing differential 
accounts for the differences in the MD submittal as compared to the DC 
and VA submittals. For simplicity purposes, the appendices will be 
referred to as the State's appendices.
1. Point Sources
    Point sources are larger sources that are located at a fixed, 
stationary location. As defined by the AERR in 40 CFR 51.50, point 
sources are large, stationary (non-mobile), identifiable sources of 
emissions that release pollutants into the atmosphere. A point source 
is a facility that is a major source under 40 CFR part 70 for one or 
more of the pollutants for which reporting is required by 40 CFR 
51.15(a)(1). Examples of point source emissions categories include 
power plants, industrial boilers, petroleum refineries, cement plants, 
and other industrial plants.
    As stated in the State's 2017 DC Area BYEI, the State's air 
agencies (DOEE, MDE, VADEQ), maintain substantial databases of both 
small and large air emission sources. Point sources in the inventory 
generally related to facilities contained within the EPA's Emissions 
Inventory System (EIS). From the EIS, NEI point source estimates are 
created. Common types of facilities included are large industrial or 
commercial complexes including municipal waste combustors, electric 
generating stations, governmental organizations, and manufacturing 
facilities. The methods used to convert annual emissions to ozone 
season work weekday emissions are described in the State's appendices: 
For DC emissions--Appendix A1a,\3\ \4\ for MD emissions--Appendix 
B1b,\5\ \6\ and for VA emissions--Appendix A1b.\7\ \8\ \9\ The States 
keep records of point sources and emissions and these records 
maintained by the respective state air agency where the facilities or 
sources are located. The emissions data for the DC area are housed in 
the State's appendices: for DC emissions--Appendix A2a,\10\ \11\ for MD 
emissions--Appendix B2b,\12\ \13\ and for VA--Appendix A2b.\14\ \15\ 
\16\
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    \3\ Appendix A1a--Point Source Inventory Development Overview 
(District of Columbia), DC submittal.
    \4\ Appendix A1a--Point Source Inventory Development Overview 
(District of Columbia), MD submittal.
    \5\ Appendix B1b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Development Overview (Maryland), DC submittal.
    \6\ Appendix B1b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Development Overview (Maryland), MD Submittal.
    \7\ Appendix A1b--Point Source Inventory Development Overview 
(Virginia), DC submittal.
    \8\ Appendix A1b--Point Source Inventory Development Overview 
(Virginia), MD submittal.
    \9\ Appendix A1b--Point Source Inventory Development Overview 
(Virginia), VA submittal.
    \10\ Appendix A2a--Point Source Inventory Files (District of 
Columbia), DC submittal.
    \11\ Appendix A2a--Point Source Inventory Files (District of 
Columbia), MD submittal.
    \12\ Appendix B2b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Files (Maryland), DC submittal.
    \13\ Appendix B2b--Point, Quasi-Point, Nonpoint and Marine/Air/
Rail Inventory Files (Maryland), MD submittal.
    \14\ Appendix A2b--Point Source Inventory Files (Virginia), DC 
submittal.
    \15\ Appendix A2b--Point Source Inventory Files (Virginia), MD 
submittal.
    \16\ Appendix A2b--Point Source Inventory Files (Virginia), VA 
submittal.
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    As stated in the State's Appendix A1a, DOEE recorded data for all 
the point, unit, stack, and process sources submitted to the EPA for 
the 2017 NEI. DOEE also provided their point source inventory with 
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\
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    \17\ EPA's DC TSD for the 2017 Base Year Inventory for the DC 
Area.
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    As seen in the State's Appendix B1b, the MDE Air and Radiation 
Administration (ARA) compiled the point source emissions inventory. 
They identified sources, documented the methods for calculations, and 
presented findings. MDE has a substantial database of air emissions 
sources and permitting, and its compliance programs also played a major 
role in their investigation. They provided full point source data in 
the State's Appendix B2b for CO, NOX, and VOC and provided 
justification for OSD calculations. See the State's Appendix B1b for 
additional

[[Page 10320]]

details on methodology; see also EPA's MD TSD.\18\
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    \18\ EPA's MD TSD for the 2017 Base Year Inventory for the DC 
Area.
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    In the State's Appendix A1b, Virginia noted that they keep a 
detailed database for point sources called the Comprehensive 
Environmental Database System (CEDS). As noted above, emissions data 
for facilities can include emission tests, Title V reports, compliance 
reports and other documents mentioned in the State's Appendix A1b and 
documented in Appendix A2b. The VADEQ staff attested to reviewing the 
data and uploading information required for AERR to be included for the 
2017 NEI. They provided full point sources data for 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\
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    \19\ EPA's VA TSD for the 2017 Base Year Inventory for the DC 
Area.
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2. Quasi-Point Sources
    The only quasi-point source in the DC area, Andrews Air Force Base 
(Joint Base Andrews--JBA), is located in Prince George's County, MD. 
MDE identified facilities at this location that due to size or function 
are considered point sources. In the State's Appendix B1b, MDE notes 
that these establishments include a wide variety of air emissions 
sources, including point sources, on-road mobile sources, off-road 
mobile sources, and area sources.
    For Joint Base Andrews, the emissions from the other source 
categories at the facility are totaled under a single point source and 
considered by MDE as being a quasi-point source. As noted in the EPA's 
MD TSD, for each of these quasi-point sources, emissions for each 
source category at the facility were calculated separately to find the 
ozone season day emissions, and then totaled together to get a facility 
wide emission for each pollutant. Data outlining quasi-point sources 
are provided in the State's Appendix B2b. EPA has reviewed the source 
categories included in the quasi-point sources and has found this to be 
a reasonable approach to handle these sources.
3. Non-Point Sources
    Non-point sources are also called ``area sources.'' These sources 
collectively represent individual sources of emissions that have not 
been inventoried as specific point or mobile sources. These individual 
sources treated collectively as non-point sources are typically too 
small, numerous, or difficult to inventory using the methods for the 
other classes of sources. As noted in the 2017 DC Area BYEI, for 
example, small fossil fuel fired boilers used for comfort purposes 
located at residential, commercial, and governmental locations fall 
into this category.
    The non-point category is broad and diverse, and the emissions 
calculations used in this category vary and the category has many 
subsectors. State air agencies provided details for developing 
emissions for nonpoint sources in the State's appendices: for DC 
emissions--Appendix B1a,\20\ \21\ for MD emissions--Appendix B1b, and 
for VA emissions--Appendix B1c (VA).\22\ \23\ \24\ Note that stage II 
refueling emissions were developed by the National Capital Region 
Transportation Planning Board (TSB) at MWCOG in association with staff 
and State's air agencies using the Motor Vehicle Emissions Simulator 
(MOVES) 2014b model. See the State's Appendix D1 \25\ \26\ \27\ for 
details on development of on-road emissions.
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    \20\ Appendix B1a--Nonpoint and Marine/Air/Rail Inventory 
Development Overview (District of Columbia), DC submittal.
    \21\ Appendix B1a--Nonpoint and Marine/Air/Rail Inventory 
Development Overview (District of Columbia), MD submittal.
    \22\ Appendix B1c--Virginia Nonpoint and Marine/Air/Rail 
Inventory Development Overview, DC submittal.
    \23\ Appendix B1c -Nonpoint and Marine/Air/Rail Inventory 
Development Overview (Virginia), MD submittal.
    \24\ Appendix B1c--Virginia Nonpoint and Marine/Air/Rail 
Inventory Development Overview, VA submittal.
    \25\ Appendix D1--On-road Mobile Source Inventory Development 
Overview, DC submittal.
    \26\ Appendix D1--On-road Mobile Source Inventory Development 
Overview, MD submittal.
    \27\ Appendix D1--On-road Mobile Source Inventory Development 
Overview, VA submittal.
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    As noted in EPA's MD TSD, nonpoint emissions are typically 
calculated on an annual basis by multiplying an emission factor by some 
known indicator of collective activity for each source category at the 
county level. For the 2017 DC Area BYEI, DOEE calculated the ozone 
season day emissions by applying a seasonal adjustment factor, provided 
by MDE, and supplemented by DOEE, to their emission estimates. See the 
State's Appendix B1a for calculations. In the State's Appendix B2a,\28\ 
\29\ nonpoint sector categories in the District's emissions inventory 
were catalogued, including contributions to the 2017 NEI. 
NOX, VOC, and CO data were provided in tons, and both annual 
and ozone season totals were included.
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    \28\ Appendix B2a--Nonpoint and Marine/Air/Rail Inventory Files 
(District of Columbia), DC submittal.
    \29\ Appendix B2a--Nonpoint and Marine/Air/Rail Inventory Files 
(District of Columbia), MD submittal.
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    MDE, as indicated above, applied a seasonal adjustment factor to 
their emissions estimates. As noted in EPA's MD TSD, a detailed 
explanation of how MDE calculated each nonpoint source category can be 
found in Section 4--Area Sources of the State's Appendix B1b. Emissions 
were provided annually and by ozone season day for each nonpoint source 
category code (SCC) for 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.
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    \30\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files 
(Virginia), DC submittal.
    \31\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files 
(Virginia), MD submittal.
    \32\ Appendix B2c--Nonpoint and Marine/Air/Rail Inventory Files 
(Virginia), VA submittal.
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4. Non-Road Model Mobile Sources
    Non-road mobile sources are also called ``off-highway'' mobile 
sources. These are defined as a non-road engine or non-road vehicle. As 
per 40 CFR 51.50, a non-road engine is an internal combustion engine 
(including the fuel system) that is not used in an on-road motor 
vehicle or a vehicle used solely for competition, or that is not 
affected by sections 111 or 202 of the CAA. Also defined by 40 CFR 
51.50, a non-road vehicle (rather than engine) is a vehicle that is run 
by a non-road engine and that is not an on-road motor vehicle or a 
vehicle used solely for competition. Examples of non-road mobile 
sources include airport ground support equipment, agricultural and 
construction equipment powered by an internal combustion engine, and 
lawn and garden engines and equipment.
    As explained in the 2017 DC Area BYEI, the inventory for nonroad 
mobile sources, and some MAR sources, for VOC, 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:

[[Page 10321]]

     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 C \33\ \34\ \35\ \36\ for 
MOVES2014b nonroad model input, output, and runspec files.
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    \33\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and 
Output Files, DC Submittal.
    \34\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and 
Output Files, MD Submittal.
    \35\ Appendix C--MOVES 2014b (Nonroad Mobile Model) Input and 
Output Files, VA Submittal.
    \36\ Appendix C--MOVES 2014b, which is included in each State's 
submission, is a large datafile. It is described in a memo for this 
rulemaking. This file itself is not available on regulation.gov but 
can be provided upon request.
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5. Marine Vessels, Airport, Railroad Locomotives Sources
    Marine Vessels, Airport, Railroad Locomotives (MAR) is a non-road 
sub-category. Detailed documentation for the development of MAR sources 
were given by the States air agencies, as noted in the 2017 DC Area 
BYEI. As above, MAR guidance overviews are in the State's appendices: 
For DC emissions--Appendix B1a, for MD emissions--Appendix B1b, and for 
VA emissions--Appendix B1c. The MAR data is listed in the State's 
appendices: For DC emissions--Appendix B2a, for MD emissions--Appendix 
B2b, and for VA emissions--Appendix B2c.
    For DC, railway maintenance emissions were developed using the 
MOVES2014b model. DC provided airport emissions from the 2017 NEI and 
the facilities in DC's airport inventory. The district also provided 
details on their OSD calculations for all MAR sources in the State's 
Appendix B1a with some information in the 2017 DC Area BYEI.
    MDE relied on the MOVES2014b model for railways maintenance and 
airport ground support equipment using the above model. MDE calculated 
emissions by collecting data directly from surveyed sources, or 
activity from state and Federal reporting agencies. Details of the 
development of emissions for MAR sources along with other non-road 
model sources and their OSD approach are provided in the State's 
Appendix B1b with some information in the 2017 DC Area BYEI.
    For Virginia, the 2017 NEI was used for all emissions calculations 
including for railway maintenance and airport ground support equipment. 
Sample calculations were provided in the State's Appendix B1c by the 
VADEQ for annual emissions estimates for all sources. The state also 
outlined their approach for OSD calculations is the State's Appendix 
B1c.
6. On-Road Mobile Sources
    On-road mobile sources are also called ``highway mobile sources.'' 
These sources are the motor vehicles (e.g., automobiles, buses, trucks) 
traveling on local and highway roads. On-road mobile sources should be 
estimated by the latest recommended on-road mobile source models. 
Currently, that means EPA's MOVES model for all states but California.
    In addition to emissions from vehicles' exhaust, the MOVES model 
estimates evaporative emissions for mobile sources, which must be 
included in the inventory. Volatile hydrocarbons evaporate from the 
fuel system while a vehicle is refueling, parked, or driving. 
Evaporative processes differ from exhaust emissions because they don't 
directly involve combustion, which is the main process driving exhaust 
emissions.
    As stated in the State's Appendix D1 and in the 2017 DC Area BYEI, 
the TSB was responsible for developing the on-road mobile sources 
emissions using information, such as meteorological inputs from 
Metropolitan Washington Air Quality Committee (MWAQC) and fuel, 
inspection and maintenance program information from state air agencies. 
EPA's MOVES2014b model was selected to estimate the 2017 DC Area BYEI 
on-road emissions inventories for the 2015 ozone national ambient air 
quality standard emissions from on-road mobile sources in the DC area. 
The emissions results were reviewed by MWAQC staff and approved and 
incorporated into the 2017 inventories. The On-Road MOVES2014b input 
and output files are in the State's Appendix D2.\37\ \38\ \39\ \40\
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    \37\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and 
Output Files, DC submittal.
    \38\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and 
Output Files, MD submittal.
    \39\ Appendix D2--MOVES 2014b (Onroad Mobile Model) Input and 
Output Files, VA submittal.
    \40\ Appendix D2--MOVES 2014b, which is included in each State's 
submission, is a large datafile. It is described in a memo for this 
rulemaking. The file itself is not available on regulations.gov but 
can be provided upon request.
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    As noted in the State's Appendix D1, first, TSB's adopted travel 
demand model was used to estimate vehicle miles of travel (VMT) at the 
network link level of analysis. The modeled VMT outputs were developed 
at the network link level by vehicle type and by four time-of-day 
periods. Next, a post processor was used to further refine link-level 
VMT and link speeds into vehicle-hours of travel (VHT) by facility 
type, hourly periods, and speed bins. Finally, several data preparation 
steps were undertaken before MOVES was executed. Again, an overview of 
the process is presented in the State's Appendix D1. Lastly, the MOVES 
model was executed to calculate base year emissions.
    Overall, the MOVES model considered factors such as vehicle type, 
facility type, VMT/VHT fractions, observed and simulated VMT, speed 
distributions, road type, age of cars, fuel formation, meteorological 
data, ramp fraction, road type distribution (for VMT), source (vehicle) 
type population, inspection/maintenance programs, hoteling (idling), 
and source type programs by state. All factors are outlined in detail 
in the State's Appendix D1. The on-road mobile emissions analysis 
process is very similar to the one used during the development of 
previous base year inventories.

[[Page 10322]]

    EPA has reviewed the results, procedures, and methodologies 
utilized by the States to determine anthropogenic emissions for the DC 
Area for the SIP base year, as well as comparing the inventory with 
previously verified data in EPA's 2017 NEI for any data discrepancies 
and found none. EPA has therefore determined the base year inventory to 
be acceptable and developed in accordance with EPA's technical 
guidance.
7. Biogenic Emissions
    The States also outlined biogenic emissions, which are not included 
in the anthropogenic total. Biogenic emissions come from natural 
sources, including vegetation and soils. In the 2017 DC Area BYEI, the 
States explain that the 2014 NEI estimates by EPA were accepted for 
purposes of the base year 2017 biogenic inventories. These methods are 
acceptable under EPA's emission inventory guidance.\41\
---------------------------------------------------------------------------

    \41\ EPA's Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations--https://www.epa.gov/sites/default/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf.
---------------------------------------------------------------------------

8. Emissions Summary
    The State's 2017 DC Area BYEI contain a summary of 2017 ozone 
season day emissions by source category, which are presented in Table 1 
of this document. Note, for each state, the information they provided 
for themselves was utilized. Where differences in the submitted data 
exists, the latest submission, the VA submittal, was used. The 
differences in reported data between the DC, MD, and VA submittals all 
relate to the timing of the submissions and the date when the 2017 NEI 
was adopted. The MD submittal was first, and its development preceded 
the adoption of the 2017 NEI. The DC and VA submittals were submitted 
after the widespread adoption of the 2017 NEI and considered the 2017 
NEI data. The differences in the data between the MD submittal and the 
DC and VA submittals has been described in the above sections. Tables 2 
through 7 of this document present the State's 2017 DC Area BYEI by 
source category and county. In the State's 2017 DC Area BYEI, the 
States demonstrate that the biogenic emissions in Table 1 of this 
document are taken from EPA's 2014 NEI database. As noted in the 
State's 2017 DC Area BYEI, total biogenic emissions for July 2014 were 
divided by 31 days to develop average ozone season day emissions for 
each jurisdiction in the DC Area and then added together to develop the 
DC Area total.

                                       Table 1--2017 DC Area BYEI Summary
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                         Source category                                VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
Point...........................................................            5.19           79.55           25.13
Quasi-Point.....................................................            0.39            0.19            0.28
Non-Point.......................................................          127.88           23.22           74.27
Non-Road Model..................................................           37.68           30.87          710.87
MAR.............................................................            2.05           11.09           19.26
On-Road.........................................................           49.58           93.42          673.21
                                                                 -----------------------------------------------
    Anthropogenic Total.........................................          222.76          238.34        1,503.02
Biogenic........................................................          442.62            3.67           38.23
----------------------------------------------------------------------------------------------------------------


                                Table 2--2017 DC Area BYEI Point Source Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................            0.17            0.78            0.52
Calvert County..................................................            0.11            2.66            0.88
Charles County..................................................            0.32            6.47            2.19
Frederick County................................................            0.76            1.75            1.73
Montgomery County...............................................            0.33           13.85            4.32
Prince George's County..........................................            0.99           24.68            5.43
                                                                 -----------------------------------------------
    Maryland Total..............................................            2.51           49.41           14.55
Arlington County................................................            0.02            0.25            0.13
Fairfax County..................................................            0.81           10.39            4.04
Fairfax City....................................................            0.30            0.01            0.02
Falls Church City...............................................
Loudoun County..................................................            0.71           10.44            3.32
Prince William County...........................................            0.52            6.36            2.07
Manassas City...................................................            0.13            0.54            0.25
Manassas Park City..............................................
Alexandria City.................................................            0.02            1.37            0.23
                                                                 -----------------------------------------------
    Virginia Total..............................................            2.51           29.36           10.06
                                                                 -----------------------------------------------
        Region Total............................................            5.19           79.55           25.13
----------------------------------------------------------------------------------------------------------------
Note: There are no point source VOC, NOX, and CO emissions for the Virginia Independent Cities of Falls Church
  and Manassas Park.


[[Page 10323]]


                             Table 3--2017 DC Area BYEI Quasi-Point Source Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
Prince George's County..........................................            0.39            0.19            0.28
    Maryland Total..............................................            0.39            0.19            0.28
                                                                 -----------------------------------------------
        Region Total............................................            0.39            0.19            0.28
----------------------------------------------------------------------------------------------------------------
Note: Quasi-point sources only exist in the Prince George's County, Maryland. Emissions for these sources were
  provided by MDE.


                                 Table 4--2017 DC BYE Non-Point Source Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................            9.61            2.24            2.29
Calvert County..................................................            2.33            0.24            3.31
Charles County..................................................            4.42            1.05            9.77
Frederick County................................................            7.18            1.27           10.13
Montgomery County...............................................           22.70            4.14            4.32
Prince George's County..........................................           21.28            3.30            5.84
                                                                 -----------------------------------------------
    Maryland Total..............................................           57.90           10.00           33.36
Arlington County................................................            4.87            0.88            1.12
Fairfax County..................................................           25.96            4.74            7.43
Fairfax City....................................................            0.88            0.21            0.34
Falls Church City...............................................            0.41            0.09            0.15
Loudoun County..................................................           10.56            2.21           15.01
Prince William County...........................................           12.36            1.76           12.87
Manassas City...................................................            1.18            0.32            0.62
Manassas Park City..............................................            0.79            0.11            0.18
Alexandria City.................................................            3.35            0.65            0.89
                                                                 -----------------------------------------------
    Virginia Total..............................................           60.36           10.98           38.62
                                                                 -----------------------------------------------
        Region Total............................................          127.88           23.22           74.27
----------------------------------------------------------------------------------------------------------------
Note: Small discrepancies may result due to rounding.


                           Table 5--2017 DC Area BYEI Non-Road Model Source Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................            1.37            2.06           24.61
Calvert County..................................................            0.96            0.58            8.73
Charles County..................................................            1.44            1.01           13.78
Frederick County................................................            2.26            1.71           43.10
Montgomery County...............................................            8.37            4.63          163.04
Prince George's County..........................................            4.81            3.66           92.61
                                                                 -----------------------------------------------
    Maryland Total..............................................           17.84           11.59          321.26
Arlington County................................................            0.75            2.32           15.73
Fairfax County..................................................            9.17            6.48          181.48
Fairfax City....................................................            0.32            0.12            6.62
Falls Church City...............................................            0.19            0.07            3.86
Loudoun County..................................................            4.33            4.74           86.35
Prince William County...........................................            2.73            3.07           50.92
Manassas City...................................................            0.13            0.10            2.87
Manassas Park City..............................................            0.18            0.06            3.63
Alexandria City.................................................            0.67            0.26           13.54
                                                                 -----------------------------------------------
    Virginia Total..............................................           18.47           17.22          365.00
                                                                 -----------------------------------------------
        Region Total............................................           37.68           30.87          710.87
----------------------------------------------------------------------------------------------------------------
Note: Small discrepancies may result due to rounding.


[[Page 10324]]


                                    Table 6--2017 DC Area BYEI MAR Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................            0.13            1.34            0.35
Calvert County..................................................            0.05            0.86            0.14
Charles County..................................................            0.02            0.02            0.19
Frederick County................................................            0.16            0.84            1.58
Montgomery County...............................................            0.05            0.73            0.75
Prince George's County..........................................            0.04            0.52            0.52
                                                                 -----------------------------------------------
    Maryland Total..............................................            0.33            2.96            3.17
Arlington County................................................            0.76            2.38            6.77
Fairfax County..................................................            0.03            0.58            0.15
Fairfax City....................................................            0.00            0.00            0.00
Falls Church City...............................................            0.00            0.00            0.00
Loudoun County..................................................            0.72            2.93            7.98
Prince William County...........................................            0.02            0.52            0.13
Manassas City...................................................            0.03            0.06            0.64
Manassas Park City..............................................            0.00            0.00            0.00
Alexandria City.................................................            0.01            0.31            0.07
                                                                 -----------------------------------------------
    Virginia Total..............................................            1.59            6.78           15.75
                                                                 -----------------------------------------------
        Region Total............................................            2.05           11.09           19.26
----------------------------------------------------------------------------------------------------------------
Note: The cities of Fairfax and Falls Church, located within the Commonwealth of Virginia, did not have any 2017
  emissions from the MAR category. Small discrepancies may result due to rounding.


                               Table 7--2017 DC Area BYEI On-Road Source Emissions
                                           [Tons per ozone season day]
----------------------------------------------------------------------------------------------------------------
                          Jurisdiction                                  VOC             NOX             CO
----------------------------------------------------------------------------------------------------------------
District of Columbia............................................            3.76            5.63           54.94
Calvert County..................................................            1.28            1.81           11.70
Charles County..................................................            1.95            3.44           19.05
Frederick County................................................            3.81            9.98           53.15
Montgomery County...............................................            8.97           15.78          119.59
Prince George's County..........................................            9.36           20.28          135.40
                                                                 -----------------------------------------------
    Maryland Total..............................................           25.37           51.29          338.89
Arlington County................................................            1.51            1.92           21.97
Fairfax County..................................................           10.11           18.41          145.37
Fairfax City....................................................
Falls Church City...............................................
Loudoun County..................................................            3.10            6.32           41.28
Prince William County...........................................            4.55            8.45           57.69
Manassas City...................................................
Manassas Park City..............................................
Alexandria City.................................................            1.18            1.40           13.07
                                                                 -----------------------------------------------
    Virginia Total..............................................           20.45           36.50          279.38
        Region Total............................................           49.58           93.42          673.21
----------------------------------------------------------------------------------------------------------------
Note: Fairfax County emissions include on-road emissions from Fairfax City and Falls Church City. Prince William
  County emissions include on-road emissions from Manassas City and Manassas Park City. Small discrepancies may
  result due to rounding.

III. Proposed Action

    EPA's review of the material included in their submissions 
indicates that the States base year inventory SIPs meet the base year 
inventory requirement for the 2015 ozone NAAQS for the DC Area. 
Therefore, EPA is proposing to approve the DC Area base year inventory 
SIPs, which were submitted by Maryland on October 7, 2020; the District 
of Columbia on November 4, 2020; and Virginia on December 11, 2020. EPA 
is soliciting public comments on the issues discussed in these 
documents. These comments will be considered before taking final 
action.

IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege

[[Page 10325]]

Law, Va. Code Sec. 10.1-1198, provides a privilege that protects from 
disclosure documents and information about the content of those 
documents that are the product of a voluntary environmental assessment. 
The Privilege Law does not extend to documents or information that: (1) 
Are generated or developed before the commencement of a voluntary 
environmental assessment; (2) are prepared independently of the 
assessment process; (3) demonstrate a clear, imminent and substantial 
danger to the public health or environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts . . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides 
that ``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998, opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     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


