GUIDELINE SERIES OAQPS NO. 1.2-002 GUIDANCE FOR WRITING OF TRANSPORTATION CONTROL PLANS rm .. ^~ US. ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle Park, North Carolina ------- /BJECT: Transportation Controls UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Research Triangle Park, North Carolina 27711 DATE: March 12, 1973 FROM: TO: Ronald A. Vcnezia, Chief Land Use Planning Branch XV* i/ Air and Water Program Directors Regions I-X At the Kansas City regional meeting on February 9, 1973, it was indicated that the OAQPS would assist the Regions with guidance in the preparation of transportation control plans that must be proposed and promulgated by EPA. A review of the SIP task schedule sent to you on February 23 points out the extremely short time period available for the prepara- tion of EPA plans after a decision is made as to whether or not the State plan is acceptable. To fully think out, prepare, review, and announce on June 15 an EPA plan proposal with only one month lead time is very difficult. To assure adequate preparation and review of EPA proposed plans, the following is recommended. The regional offices should prepare a contingency EPA proposal for transportation controls in each Region requiring these controls to meet NAAQS by 1975. OAQPS 1.2-002, "Guidance for Writing Transpor- tation Plans," is provided to assist the Regions in writing the plans. This information should serve only as a guide. EPA policy on use of gasoline rationing and the extent to which states will be required to enforce EPA promulgated regulations are not yet finalized. There- fore, to the extent sample regulations imply a particular enforcement policy or a preferred strategy, they should be considered preliminary until further policy guidance is recommended. Included is a list of items that should be included in the pream- ble. It is important that all these points be covered for the prepara- tion of a comprehensive preamble. Preambles for Regions' proposals will be coordinated by the Land Use Planning Branch for the single preamble to cover all EPA plans proposed on June 15. The Land Use Planning Branch is developing an additional listing of strategies and priorities which can be used in EPA plans, and will attempt to identify preferred strategies that would be most appropriate for EPA proposal and promulgation in each Region. Close attention should be given to the memorandum "Enforceability of Transportation Control Strategies," 3-2-73, Shutler to Regional Air and Water Programs Division Directors. Mr. Graham prepared an excellent analysis of the potential for state and/or Federal enforcement. It is intended that the sample plan be modified to suit each particular Region using Mr. Graham's work and the preferred strategies from the EPA Form 1320.6 (Rev. 6-72) ------- Land Use Planning Branch. This information will be available March 20. At that time the Region should review the proposal, determine if it suits regional needs and prepare an outline of the "back-up" EPA plan for each AQCR. This will be held in reserve to finalize as an EPA'proposal if states do not submit an adequate plan. Mr. Frick, of OGC, is preparing a document on the basis for ex- tensions to meet the NAAQS. It is expected it will be available by March 20. The following policy issue papers are now in preparation by the Land Use Planning Branch for consideration by the Administrator. These issues will become an integral part of EPA policy to achieve transportation controls. 1. Should an EPA promulgated plan make maximum use of gasoline rationing? How much rationing can be effected without severe community impact? 2. Should EPA write regulations to force the states to act or should EPA act directly? It is anticipated that we will be able to discuss these issues in some depth at the March 20 meeting. A decision will be reached as soon as possible. An evaluation report must be prepared for transportation and or land use plans that are received from the States. The Land Use Planning Branch has prepared a checklist (OAQPS 1.2-003) which can be used in the evaluation of the plans and serve as the basis of writing the evaluation report. A copy of this report should be sent to the Land Use Planning Branch no later than May 15, 1973. For your review of the S.tate plans, your attention is called to the following references: 1. "Requirements for Preparation, Adoption and Submittal of Implementation Plans." (36 FR 15486) August 14, 1971. 2. "Criteria for Review of Transportation Control Measures." OD/OAQPS January 30, 1973. 3. "Proposed Transportation Control Measures." (38 FR 1464) January 12, 1973. If you have further questions on transportation controls, please contact the Land Use Planning Branch (919) 688-8291 or 8270. Attachments OAQPS 1.2-002 OAQPS 1.2-003 cc: Transportation representatives ------- March 12, 1973 OAQPS NO. 1.2-002 Guidance for Writing of Transportation Control Plans This appendix includes the following sections: I. Items to be Included in the Preamble II. Suggested Wording for Opening of Preamble III. Sample Wording for Possible Regulations IV. Current Studies and Guidelines Applicable to Plan Preparation ------- I. Items to be included in Preamble The preamble to the control regulations should contain the following items: 1. Percent pollutant reduction required: a statement as to the percent reduction required of oxidants or carbon monoxide to meet the national primary ambient air quality standard by May 31, 1975. 2. Background: a brief description of the history and legislation leading to the requirement for EPA to promulgate a control plan, (See Section II). Also a description of the topography and meteorology of the region in question and a statement describing the reason (health basis) for the NAAWS. Describe the base air quality data and compare it with the national standards. 3. Transportation and/or land use control alternates: describe the control strategies available for the region in question such as (a) stationary source controls (restrictions on organic solvent use, gasoline vapor recovery systems for service stations, a change in the substance used for degreesing operations, and a vapor recovery system that prevents evaporation of solvents from dry cleaning operations;) (b) hardware type mobile source controls (inspection and maintenance, retrofit and fuel conversion, evaporative controls to prevent evaporation of gasoline during the filling of the gas tank; (c) reduction of vehicle miles traveled (increased use of mass transit, increased car pooling, gasoline rationing, increasing cost of motor vehicle use, limiting the number of automobiles registered, land use controls or a combination of these.) / ------- 2 4. The specific transportation and/or land use control strategy proposed to meet NAAQS by May 31, 1975. 5. Include a table summarizing the effect of each element of the proposed strategy as is shown on page 2196 of the January 22, 1973 proposed plan for Los Angeles, 38 FR (2194). For the following items see the January 22, 1973 Federal Register: 6. Discuss legal and administrative procedures to implement the plan. 7. Include compliance schedules. 8. Discuss surveillance and monitoring procedures. 9. Economic and social impact of the (name of Region) transportation and/or land use plan. 10. Direct costs to the public. 11. Effect on the economic fabric of the community. 12. Tax revenue implications. «; "/ 13. Summary of impacts. 14. EPA efforts to mitigate the effects of proposed regulations 15. The need for mass transit (if applicable). ------- II. Suggested Wording for Opening of Preamble ENVIRONMENTAL PROTECTION AGENCY [40 CFR Part 52] Approval and Promulgation of Implementation Plans Notice of Proposed Rule Making On May 31, 1972 (37 FR 10842), pursuant to section 110 of the Clean Air Act and 40 CFR Part 51, the Administrator approved, with specific exceptions, State plans for implementation of the national ambient air quality standards. On this date, the Governor of was advised that in order to complete the requirements of § 51.11 (b) and 51.14, a transportation and/or land use control strategy was to be submitted to the Administrator by February 15, 1973. On January 31, 1973, the United States Court of Appeals for the District of Columbia Circuit found that the Administrator did not conform to the strict requirements of the Clean Air Act of 1970 in permitting several states to delay submission of transportation control portions of their implementation plans until February 15, 1973, and in granting extensions until mid-1977 for attainment of the national primary ambient air standard without following the procedures established in Section 110 (3) 42 V.S.C. S 1857 c-5 (e). Accordingly the court ordered that the Administrator rescind the extension granted the states for implementation of the transportation and/or land use control portion of their imple- mentation plans. The affected states were required to submit a control plan by April 15, 1973. The plan was to show attainment of the national ambient ------- air quality standards for oxidant and/or carbon monoxide as expedltlously as possible but no later than May 31, 1975. On this day the Administrator approved, with specific exceptions, transportation and/or land use control plans submitted in response to the January 31, 1973 court order. This proposal results from the failure of the State of to submit an acceptable control plan for the attainment and maintenance of the national primary ambient air quality standard for oxidants and/or carbon monoxide. III. Sample Wording for Possible Regulations The following sample regulations should be modified to fit the AQCR in question. This also includes the paragraph numbering system. Example regulations follow the format shown in (38 FR 2194) dated January 22, 1973. a. The preferred approach to be used by EPA in promulgating regula- tions such as those on gasoline rationing (Section II f) have not been finalized. Therefore these regulations and the strategy implied by their use may be revised as EPA policy on preferred strategies and enforcement are further developed. b. Subpart (name of state) . Section is amended by adding paragraphs through , as follows: S 52 control strategy and regulations: Photochemical oxidants and/or carbon monoxide, AQCR. Regulation for control of evaporative emissions. (1) For purposes of this paragraph: (i) "Evaporative control device" means a device installed on a motor vehicle to prevent the escape of gasoline vapor from the gasoline tank and carburetor. ------- (11) "Registered" as applied to a motor vehicle, means that such motor vehicle, is duly licensed for general operation on public roads or highways by the appropriate agency of the Federal Government or by the State. (2) This regulation Is applicable In those portions of Counties contained within the Metropolitan Air Quality Control Region (AQCR) in the State of The requirement of this regulation shall be effective commencing up to . (3) Prior to (date) , an evaporative control device of at least 85 percent efficiency which is approved by the Administrator shall be properly installed, in good working order, and in operation on all registered light-duty gasoline-powered vehicles of model years 1966 through 1969 and all registered heavy-duty gasoline vehicles of model years 1966 through 1972. Approved evaporative control devices shall be installed on a schedule determined by the Administrator. (4) After (date) , the following shall apply in the areas specified in paragraph (b) (2), of this section: (i) The State of shall not register light-duty vehicles which do not comply with the provisions of paragraph (b) (3) of this section. (11) No owner of light-duty vehicles shall operate or allow the operation of such vehicles which do not comply with the provisions of paragraph (b) (3) of this section. ------- c. Regulation for gaseous fuel conversion. (1) For purposes of this paragraph: (i) "Fleet vehicle" means any one of ten (10) or more light-and heavy-duty vehicles operated by the same person (s) or business and used principally in connection with the same occupation or related occupations. (11) "Gaseous fuel" means liquified or pressurized petroleum or natural gaseo which are used as fuel for light-duty vehicles. (2) This regulation is applicable in those portions of Counties contained within the Metropolitan Air Quality Control Region (AQCR) in the State of . The requirements of this regulation shall be effective commencing on (date) . (3) All registered gasoline-powered fleet vehicles of model years prior to 1975 shall be equipped for and operated on gaseous fuel by the effective date of this regulation. Conversion of such fleet vehicles for use of gaseous fuel shall be on a schedule determined by the Administrator. (4) After (date) , the following shall apply in the areas specified in paragraph (c) (2) of this section: (i) The State of shall not register vehicles which do not comply with the provisions of paragraph (b) (3) of this section. ------- (11) No owner of fleet vehicles shall operate or allow the operation of such vehicles which do not comply with the provisions of paragraph (c) (3) of this section. d. Regulation for yearly inspection and maintenance. (1) For purposes of this paragraph: "Inspection and maintenance" means a program to reduce emissions from In-use vehicles through Identifying vehicles that need emissions control related maintenance and requiring that maintenance be performed. (2) This regulation is applicable in those sections of Counties contained within the Air Quality Control Region (AQCR) in the State of . The requirements of this regulation shall be effective commencing on (date) . (3) All registered gasoline-powered light- and heavy duty vehicles shall be Inspected annually for emissions and, as necessary, maintained by the owner in order to pass the Inspection. This shall be done by personnel, facilities and procedures which shall be proposed and promulgated by the Administrator. (A) After (date) , the following shall apply in the areas specified in paragraph (d) (2) of this section: (1) The State of shall not register light-duty vehicles which do not comply with the provisions of paragraph (d) (3) of this section and procedures promul- gated pursuant thereto. (ii) No owner of light-duty vehicles shall operate or allow the operation of such vehicles which do not comply with the provisions of paragraph (d) (3) of this section. ------- 8 Regulation for oxidizing catalyst. (1) For purposes of this paragraph: "Oxidizing catalyst" means a device installed in the exhaust system of the vehicle that utilizes a catalyst and, if necessary, an air pump to reduce emissions of hydrocarbons and carbon monoxide from that vehicle. (2) This regulation is applicable in those sections of Counties contained within the AQCR in the state of . The requirements of this regulation shall be effective commencing on (date) . (3) All registered gasoline-powered light- and heavy duty motor vahicles of model years 1966 through 1974, shall be equipped with an appropriate oxidizing catalyst exhaust retrofit in accordance with paragraph (e) (2) of this section, approved by the Administrator. (A) Aftez , , the following shall apply. in the areas specified in paragraph (e) (2) of this section: (i) The State of ._ shall not register light- duty vehicles which do not comply with the provisions of paragraph (e) (3) of this section. (ii) No owner of light-duty vehicles shall operate or allow the operation of such vehicles which do not comply with the provisions of paragraph (e) (3) of this section. f. Regulation for purchase of gasoline. (1) For purposes of this paragraph: (i) "Control period" means a portion of a calendar year in which gasoline sales are regulated. ------- (11) "Retail outlet" means any service station, filling station, garage, store or other place of business at which gasoline Is transferred directly to consumers in the regular course of business. (2) This regulation is applicable in those portions of Counties contained within the Air Quality Control Region (AQCR) in the State of • The requirements of this regulation shall be in effect commencing (date) and shall remain in effect through (date) The regulation shall be effective in the same control periods during each calendar year thereafter, until such time as the Administrator determines the regulation to be no longer necessary for the attainment and maintenance of the national standard for photochemical oxidants (hydrocarbons and/or carbon monoxide.) (3) During the control periods, as specified in paragraph (f) (2) of this section, the sale of gasoline to retail outlets and to the owners and operators of motor vehicles shall be controlled by directions of the Administrator, EPA. (4) The amount of gasoline to be controlled shall be determined by the Administrator no later than 30 days prior to the effective date of a control period. This determination shall be based on the hydrocarbon emission reduction required for the attainment and maintenance of the national standard for photochemical oxidants and/or carbon monoxide in the AQCR. ------- 10 g. Volatile organic compound loading facilities. (1) This regulation is applicable in those portions of Counties contained within the Air Quality Control Region (AQCR) in the State of . The requirement of paragraph (g) (2) of this section shall be effective commencing (2) No person shall load or allow the loading of volatile organic compounds having a vapor pressure of 1.5 pounds per square inch absolute or greater, under actual storage conditions, into any tank truck or trailer, railroad tank car, loco:mctive, aircraft, stationary storage tank with a capacity greater than 5 gallons from any loading facility unless such tank or loading facility is equipped with a vapor collection and disposal system, or its equivalent, properly installed, in good working order, and in operation. Loading shall be accomplished In such a manner that all displaced vapor and air will be vented only to the vapor disposal system. A means shall be provided to prevent liquid organic compound drainage from the loading device when it is removed from the hatch, or to accomplish complete drainage before such removal. The vapor disposal portion of the system shall consist of one of the following: (i) An absorber system or condensation system with a minimum recovery efficiency of 90 percent by weight of all the volatile organic compound vapors and gases entering such disposal system. ------- 11 (11) A vapor handling system which directs all vapors to a fuel gas system. (ill) Other equipment of at least 90 percent efficiency, provided plans for such equipment are submitted to and approved by the Air Pollution Control Officer. Intermediate storage vessels may be used prior to disposal of vapors under paragraph (g) (2) (l),(li), or (ill), provided they are so designed as to prevent release of vapors at any time during use. (3) Notwithstanding paragraph (g) (2) of this section, no person loading or allowing the loading of the above Specified compounds in the above.specifled storage vessels from the above specified loading facilities, any of which were in existence on the effective date of this regulation, or in the procere of being installed for use on said effective date, shall be subject to the provisions of paragraph (g) (2) of this section until (date) . Provided however, that such person is hereby required to file on or before (date) a compliance schedule with the Administrator showing how the person will bring this operation into • compliance with paragraph (g) (2) of this section on or before (date) . Failure to file such compliance schedule or abide by its iterms shall render the prohibition contained In paragraph (g) (2) of this section immediately applicable to such person on (date) , or on the date of said person's failure to abide by said compliance schedule, whichever Is later. ------- 12 Control of drycleaning solvent evaporation. (1) For the purposes of this paragraph: "Dryeleanlng operation" means that process by which an organic solvent is used in the commercial cleaning of garments and other fabric'materials. (2) This regulation is applicable in those portions of Counties contained within the Air Quality Control Region (AQCR) in the State of : . The requirements of this regulation'shall be effective commencing on (date) . (3) No person shall operate a drycleaning operation unless the uncontrolled organic emissions from such operation have been reduced at least 85 percent. (4) Drycleaning operations emitting less than three (3) pounds per hour and less than 15 pounds per day are exempt from this regulation; (5) If incineration is used as a control technique, 90 percent or more of the carbon in the organic compounds being incinerated must be oxidized to carbon dioxide. 1. Degressing operations. (1) For the purpose of this paragraph: "Degreasing" means the operation of using an organic solvent as a surface cleaning agent prior to fabricating, surface coating, electroplating or any other process. ------- 13 (2) This regulation is applicable in those portions of Counties contained within the . ' • - :. ^ir Quality ~ t*>,'- ""^"^""""i^T™^TiTTT^T1 • '•.'••' "•''*•• "'< Control Region (AQCR) in the State of •• 'i _ :-- The requirements of this regulation shall be effective \ ' ' ; commencing on (date) . x (3) No person shall use trichloroethylene (TCE) degreaser as a degreasing solvent. j. Organic Solvent Usage. Contact the Land Use Planning Branch for additional information on this subject. Work is currently being done to revise Appendix "B" of the August 14, 1971, Federal Register. 36 F.R. (15486.) IV. Current Studies and Guidelines Applicable to Plan Preparations The EPA has published the following studies and guidelines: a. "Prediction of the Effects of Transportation Controls on Air Quality in Major Metropolitan Areas" and "Evaluating Controls to Reduce Motor Vehicle Emissions in Major Metropolitan Areas," November 1972. Both of these documents are generally known as the "Six Cities Study." b. "Transportation Controls to Reduce Motor Vehicle Emissions in Major Metropolitan Areas," December, 1972. This document is a summary of 14 cities that were studied with the view of recommending specific transportation control strategies. Separate reports for each of the 14 cities will also be available alo^g with the Six Cities Study and the document ------- 14 listed in b above from the Office of Technical Information and Publications, Research Triangle Park, North Carolina 27711. c. "Control Strategies for In-Use Vehicles," November, 1972. This report is available from EPA, Mobile Source Pollution Control Programs, 401 M St.S.W., Washington, D.C. 20460. d. "Proposed Transportation Control Plans," Federal Register (38 FR 1464) January 12, 1973. e. "An Air Pollution Impact Methodology for Airports and Attendant Land Use," dated January, 1973. Copies available from Land Use Planning Branch, EPA, Research Triangle Park, North Carolina 27711. f. "Criteria for a Review of Transportation Control Measures" OD/OAQPS Memo, January 30, 1973. g. "An Interim Report on Motor Vehicle Emission Estimation" Kircher and Armstrong, October, 1972 and available from the Land Use Planning Branch, EPA, Research Triangle Park, North Carolina 27711. ------- |