Air Plan Approval; District of Columbia, Maryland, and Virginia; Update of the Motor Vehicle Emissions Budgets for the Washington-MD-VA 2008 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area

Air Plan Approval; District of Columbia, Maryland, and Virginia; Update of the Motor Vehicle Emissions Budgets for the Washington-MD-VA 2008 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area

Publication: Federal Register
Agency: Environmental Protection Agency
Byline: Adam Ortiz
Date: 4 October 2024
Subject: American Government

, The Environment

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Rules and Regulations]
[Pages 80745-80749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22535]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2024-0162; FRL-11869-02-R3]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the District of
Columbia (the District), State of Maryland (MD), and Commonwealth of
Virginia (VA). The revisions update the motor vehicle emissions budgets
(MVEBs) and the onroad and nonroad (except for marine, airport, and
railroad) mobile emissions for volatile organic compounds (VOC) and
nitrogen oxides (NOX) for the years 2025 and 2030. EPA is
approving the updated MVEBs and updates to the applicable onroad and
nonroad mobile emissions for VOC and NOX for the years 2025
and 2030. EPA is also approving the allocation of a portion of the
safety margins for VOC and NOX in the ozone maintenance plan
to the 2025 and 2030 MVEBs. The MVEBs will be available for
transportation conformity purposes, in accordance with the requirements
of the Clean Air Act (CAA).

DATES: This final rule is effective on November 4, 2024.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0162. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2053. Mr. Becoat can also be reached via electronic mail at
Becoat.Gregory@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On November 14, 2023, September 6, 2023, and October 11, 2023, the
District, Maryland, and Virginia, respectively, formally submitted
requests to update the 2008 8-Hour Ozone national ambient air quality
standard (NAAQS) maintenance plan for the Washington, DC-MD-VA 2008 8-
Hour Ozone NAAQS Maintenance Area (hereafter ``the Washington Area'' or
``the Area''). These revisions update the Area's maintenance plan to
include revised onroad and nonroad MVEBs for VOCs and NOX
that reflect the updated EPA Motor Vehicle Emission Simulator
(MOVES3.04) model.
On June 3, 2024 (89 FR 47474), EPA published a notice of proposed
rulemaking (NPRM) for the Area. The Area submitted SIP revisions that
included an update to the MVEBs for VOCs and NOX, that were
initially developed using the MOVES2014a model, for the years 2025 and
2030. In the NPRM, EPA proposed approval of revisions to update the
Area's maintenance plan to include revised onroad and nonroad MVEBs for
VOCs and NOX that reflect the updated EPA MOVES3.04 model
and increased onroad vehicle emission rates.

II. Summary of SIP Revision and EPA Analysis

EPA's analysis of the Area's SIP submittal indicates that
maintenance of the 2008 8-Hour Ozone NAAQS will continue to be
demonstrated for the Area, after updating the 2025 and 2030 MVEBs, for
NOX and VOC, using MOVES3.0.4 and updated planning
assumptions. The details of the Area's submittal and the rationale for
EPA's action are further explained in the NPRM and will not be restated
here. Comments on the June 3, 2024 (89 FR 47474) NPRM were due on or
before July 3, 2024. EPA received one comment that was not relevant to
this action and will not be addressed here.
The updated 2025 and 2030 MVEBs, for NOX and VOC, will
ensure that transportation emissions conform with each state's SIP.
Table 1 in this document, provides the newly revised MVEBs for 2025 and
2030 along with the retained 2014 MVEBs from the 2017 plan (using
MOVES2014a) in tons per day (tpd). The Area added only portions of the
total available safety margins for VOC and NOX when
developing the revised MVEBs for 2025 and 2030 for the projected onroad
mobile VOC and NOX emissions. The allocation will add 5.58
tpd of VOC and 9.30 tpd of NOX from the safety margins to
the 2025 emission inventories, and 4.35 tpd of VOC and 6.85 tpd of
NOX from the safety margins to the 2030 emission
inventories.

Table 1--Revised Onroad Motor Vehicle Emissions Budgets using MOVES3.0.4
------------------------------------------------------------------------
VOC onroad NOX onroad
Year emissions emissions
(tpd) (tpd)
------------------------------------------------------------------------
2014 Attainment Year.................... 61.25 136.84

[[Page 80746]]

2025 Predicted Emissions without Safety 27.92 46.52
Margin.................................
2025 Safety Margin...................... 5.58 9.30
2025 Interim Budget with Safety Margin.. 33.50 55.82
2030 Predicted Emissions without Safety 21.75 34.26
Margin.................................
2030 Safety Margin...................... 4.35 6.85
2030 Final Budget with Safety Margin.... 26.10 41.11
------------------------------------------------------------------------

III. Final Action

EPA has evaluated the Area's submittal and has determined that the
updated MVEBs and the allocation of the safety margins to the 2025 and
2030 budgets for the Area meet the requirements of the transportation
conformity regulations at 40 CFR part 93 and are approvable. Therefore,
EPA is approving the Washington Area's SIP revision updating the MVEBs
and the onroad and nonroad (except for marine, airport, and railroad)
mobile emissions for VOC and NOX for the years 2025 and
2030. Additionally, EPA is approving the allocation of a portion of the
safety margins for VOC and NOX in the ozone maintenance plan
to the 2025 and 2030 budgets.

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 Law, Va. Code sec.
10.1198, 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, the 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
the 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, the EPA may at any time invoke its
authority under the CAA, including, for example, section 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

A. General Requirements

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, the 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 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);

[[Page 80747]]

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); and
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 Clean Air Act;
This action does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because this
action is not approved to apply in Indian country located in the
Commonwealth of Virginia, State of Maryland, or District of Columbia,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The District of Columbia, State of Maryland, and Commonwealth of
Virginia did not evaluate environmental justice considerations as part
of the SIP submittals; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. The EPA did not
perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 3, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving the West Virginia SIP revision updating
its incorporation by reference of EPA's NAAQS and associated ambient
air monitoring reference methods and equivalent methods, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart J--District of Columbia

0
2. In Sec. 52.470, the table in paragraph (e) is amended by revising
the entry for ``Maintenance plan for the District of Columbia portion
of the Washington, DC-MD-VA Nonattainment Area for the 2008 8-hour
ozone National Ambient Air Quality Standard'' to read as follows:

Sec. 52.470 Identification of plan.

* * * * *
(e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP revision Applicable geographic area submittal EPA approval date Additional explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Maintenance plan for the District of District of Columbia................... 11/14/23 10/4/2024, [INSERT Added Sec. 52.476(k).
Columbia portion of the Washington, FEDERAL REGISTER
DC-MD-VA Nonattainment Area for the CITATION].
2008 8-hour ozone National Ambient
Air Quality Standard.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. In Sec. 52.476:
0
a. Remove the heading from paragraph (g); and
0
b. Add paragraph (k).
The addition reads as follows:

Sec. 52.476 Control strategy: ozone.

* * * * *

[[Page 80748]]

(k) EPA approves updates to the 2008 8-Hour Ozone national ambient
air quality standard (NAAQS) maintenance plan for the District of
Columbia portion of the Washington, DC-MD-VA 2008 8-Hour Ozone NAAQS
Maintenance Area. The updates include revised motor vehicle emissions
budgets (MVEBs) and updates to the applicable onroad and nonroad mobile
emissions for VOC and NOX for the years 2025 and 2030. EPA
also approves the allocation of a portion of the safety margins for VOC
and NOX in the ozone maintenance plan to the 2025 and 2030
MVEBs. The revised MVEBs for VOC and NOX applies to all
future transportation conformity determinations and analyses for the
entire Washington, DC-MD-VA Maintenance Area for the 2008 8-Hour Ozone
NAAQS.

Table 5 to Paragraph (k)--Revised Onroad Motor Vehicle Emissions Budgets
Using MOVES 3.0.4
------------------------------------------------------------------------
VOC onroad NOX onroad
Year emissions emissions
(tpd) (tpd)
------------------------------------------------------------------------
2014 Attainment Year.................... 61.25 136.84
2025 Predicted Emissions without Safety 27.92 46.52
Margin.................................
2025 Safety Margin...................... 5.58 9.30
2025 Interim Budget with Safety Margin.. 33.50 55.82
2030 Predicted Emissions without Safety 21.75 34.26
Margin.................................
2030 Safety Margin...................... 4.35 6.85
2030 Final Budget with Safety Margin.... 26.10 41.11
------------------------------------------------------------------------

Subpart V--Maryland

0
4. In Sec. 52.1070, the table in paragraph (e) is amended by revising
the entry for ``Maintenance plan for the Maryland portion of the
Washington, DC-MD-VA Nonattainment Area for the 2008 8-hour ozone
National Ambient Air Quality Standard'' to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(e) * * *

* * * * * * *
Maintenance plan for the Maryland Calvert, Charles, Frederick, Montgomery, 09/06/23 [10/4/2024, INSERT Sec. 52.1076(hh).
portion of the Washington, DC-MD-VA and Prince George's Counties. FEDERAL REGISTER
Nonattainment Area for the 2008 8- CITATION].
hour ozone National Ambient Air
Quality Standard.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
5. In Sec. 52.1076:
0
a. Remove the headings from paragraphs (w), (x), and (gg); and
0
b. Add paragraph (hh).
The addition reads as follows:

Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
(hh) EPA approves updates to the 2008 8-Hour Ozone national ambient
air quality standard (NAAQS) maintenance plan for the Maryland portion
of the Washington, DC-MD-VA 2008 8-Hour Ozone NAAQS Maintenance Area.
The updates include revised motor vehicle emissions budgets (MVEBs) and
updates to the applicable onroad and nonroad mobile emissions for VOC
and NOX for the years 2025 and 2030. EPA also approves the
allocation of a portion of the safety margins for VOC and
NOX in the ozone maintenance plan to the 2025 and 2030
MVEBs. The revised MVEBs for VOC and NOX applies to all
future transportation conformity determinations and analyses for the
entire Washington, DC-MD-VA Maintenance Area for the 2008 8-Hour Ozone
NAAQS.

Table 11 to Paragraph (hh)--Revised Onroad Motor Vehicle Emissions
Budgets Using MOVES 3.0.4
------------------------------------------------------------------------
VOC onroad NOX onroad
Year emissions emissions
(tpd) (tpd)
------------------------------------------------------------------------
2014 Attainment Year.................... 61.25 136.84
2025 Predicted Emissions without Safety 27.92 46.52
Margin.................................
2025 Safety Margin...................... 5.58 9.30
2025 Interim Budget with Safety Margin.. 33.50 55.82
2030 Predicted Emissions without Safety 21.75 34.26
Margin.................................
2030 Safety Margin...................... 4.35 6.85
2030 Final Budget with Safety Margin.... 26.10 41.11
------------------------------------------------------------------------

[[Page 80749]]

Subpart VV--Virginia

0
6. In Sec. 52.2420, the table in paragraph (e)(1) is amended by
revising the entry ``Maintenance plan for the Virginia portion of the
Washington, DC-MD-VA Nonattainment Area for the 2008 8-hour ozone
National Ambient Air Quality Standard'' to read as follows:

Sec. 52.2420 Identification of plan.

* * * * *
(e) * * *
(1) * * *

----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Maintenance plan for the Arlington, 10/11/23 10/4/2024, Added Sec. 52.2428(n).
Virginia portion of the Fairfax, Loudoun, [INSERT FEDERAL
Washington, DC-MD-VA and Prince REGISTER
Nonattainment Area for the William Counties CITATION].
2008 8-hour ozone National and the Cities of
Ambient Air Quality Standard. Alexandria,
Fairfax, Falls
Church, Manassas,
and Manassas Park.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
7. In Sec. 52.2428:
0
a. Remove the heading from paragraph (h); and
0
b. Add paragraph (n).
The addition reads as follows:

Sec. 52.2428 Control Strategy: Carbon monoxide and ozone.

* * * * *
(n) EPA approves updates to the 2008 8-Hour Ozone national ambient
air quality standard (NAAQS) maintenance plan for the Virginia portion
of the Washington, DC-MD-VA 2008 8-Hour Ozone NAAQS Maintenance Area.
The updates include revised motor vehicle emissions budgets (MVEBs) and
updates to the applicable onroad and nonroad mobile emissions for VOC
and NOX for the years 2025 and 2030. EPA also approves the
allocation of a portion of the safety margins for VOC and
NOX in the ozone maintenance plan to the 2025 and 2030
MVEBs. The revised MVEBs for VOC and NOX applies to all
future transportation conformity determinations and analyses for the
entire Washington, DC-MD-VA Maintenance Area for the 2008 8-Hour Ozone
NAAQS.

Table 5 to Paragraph (n)--Revised Onroad Motor Vehicle Emissions Budgets
Using MOVES 3.0.4
------------------------------------------------------------------------
VOC onroad NOX onroad
Year emissions emissions
(tpd) (tpd)
------------------------------------------------------------------------
2014 Attainment Year.................... 61.25 136.84
2025 Predicted Emissions without Safety 27.92 46.52
Margin.................................
2025 Safety Margin...................... 5.58 9.30
2025 Interim Budget with Safety Margin.. 33.50 55.82
2030 Predicted Emissions without Safety 21.75 34.26
Margin.................................
2030 Safety Margin...................... 4.35 6.85
2030 Final Budget with Safety Margin.... 26.10 41.11
------------------------------------------------------------------------

[FR Doc. 2024-22535 Filed 10-3-24; 8:45 am]
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