Proposed Rule2022-00248
Air Plan Approval; Delaware; Philadelphia Area 2017 Base Year Inventory for the Ozone National Ambient Air Quality Standard
Primary source
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Published
January 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision formally submitted by the State of Delaware. This revision consists of the base year inventory for the Delaware portion of the Philadelphia-Wilmington- Atlantic City, PA-NJ-MD-DE marginal nonattainment area (Philadelphia Area) for the 2015 ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 14 (Friday, January 21, 2022)</title>
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[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Proposed Rules]
[Pages 3259-3262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00248]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0854; FRL-9381-01-R3]
Air Plan Approval; Delaware; Philadelphia Area 2017 Base Year
Inventory for the 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 a state implementation plan (SIP) revision formally submitted
by the State of Delaware. This revision consists of the base year
inventory for the Delaware portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE marginal nonattainment area (Philadelphia
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 February 22,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0854 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#9fd8f0edfbf0f1b1d2f6f4fadffaeffeb1f8f0e9"><span class="__cf_email__" data-cfemail="b4f3dbc6d0dbda9af9dddfd1f4d1c4d59ad3dbc2">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Adam Yarina, 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) 814-2103. Mr. Yarina can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#ce97afbca7a0afe08faaafa38eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="441d25362d2a256a05202529042134256a232b32">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On October 9, 2020, the Delaware Department
of Natural Resources and Environmental Control (DNREC) on behalf of the
State of Delaware, submitted a revision to the Delaware SIP entitled,
``2017 Base Year Emissions Inventory State Implementation Plan for VOC,
NO<INF>X</INF>, and CO for Areas of Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.'' New Castle County comprises Delaware's
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 2015
ozone NAAQS nonattainment area. This SIP revision, referred to in this
rulemaking action as the ``New Castle County base year inventory SIP,''
addresses Delaware's base year inventory requirement for the 2015 ozone
NAAQS.
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. See 80 FR 65292 (October 26, 2015). Effective August 3,
2018, EPA designated the Philadelphia Area, which consists of New
Castle County in Delaware and counties in Maryland, New Jersey, and
Pennsylvania, as marginal nonattainment for the 2015 ozone NAAQS. See
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 New Castle County base year inventory SIP addresses a
base year inventory requirement for the Philadelphia Area.
II. Summary of SIP Revision and EPA Analysis
A. EPA Evaluation of the New Castle County Base Year Inventory SIP
EPA's review of Delaware's base year inventory SIP indicates that
it meets the base year inventory requirements for the 2015 ozone NAAQS.
As required by 40 CFR 51.1315(a), DNREC selected 2017 for the base year
inventory, which is consistent with the baseline year for the RFP
because it is the year of the most recent triennial inventory. DNREC
included actual ozone season emissions, pursuant to 40 CFR 51.1315(c).
EPA prepared a Technical Support Document (TSD) in support of this
rulemaking. In that TSD, 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. The TSD is
available online at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, Docket ID No. EPA-R03-
OAR-2021-0854.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 (83 FR 62998) rulemaking,
``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. SIP Requirements Rule
established base year inventory requirement, which were codified at 40
CFR 51.1315. As per 40 CFR 51.1315(a), each 2015 ozone nonattainment
area is required to submit a base year inventory within 2 years of
designation (i.e., no later than August 3, 2020).
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 the EPA under the provisions of subpart
A of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1
through 51.50. The most recent triennial inventory year conducted for
the National Emissions Inventory (NEI) pursuant to the Air Emissions
Reporting Requirements (AERR) rule is 2017. See
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73 FR 76539 (December 17, 2008). Delaware 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, 985 F.3d 1055
(D.C. Cir. 2021). The other provisions of EPA's ozone implantation
rule at issue in the case are not relevant for this rulemaking.
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Furthermore, 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 that 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.
C. New Castle County Base Year Inventory SIP
The New Castle County base year inventory SIP contains an
explanation of DNREC's 2017 base year emissions inventory for New
Castle County (2017 New Castle County BYE) for point, non-point, and
mobile anthropogenic sources within New Castle County. DNREC estimated
anthropogenic emissions for nitrogen oxide (NO<INF>X</INF>), volatile
organic compound (VOC), and carbon monoxide (CO) for annual and Summer
Season Weekday (SSWD) daily emissions. The 2017 New Castle County BYE
contains the following source categories of anthropogenic emissions
sources: Stationary point, stationary non-point, mobile non-road, and
mobile on-road sources, with an explanation of the methodologies used
to derive emissions summaries for each source category contained within
each respective section.
1. Stationary 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). These point sources can be associated with a single point
or group of points in space. Examples of point source emissions
categories include power plants, industrial boilers, petroleum
refineries, cement plants, and other industrial plants.
As stated in Section 2 of the 2017 New Castle County BYE, point
sources included large industrial (e.g., manufacturing), commercial,
and institutional facilities (e.g., hospitals, universities, prisons,
military bases, landfills, and wastewater treatment plants) within New
Castle County that held either a Title V permit or a Synthetic Minor
permit in 2017. DNREC explains that it used several methods of source
identification. DNREC's primary data source is its permitting program,
and DNREC's compliance program identifies other point sources though
facility inspections and investigations. In addition, facilities are
required by Delaware's emissions statement regulations, facilities are
required by Delaware's emissions statement regulations, Delaware
Administrative Code (DAC) 7 DE Admin. Code 1117 Source Monitoring,
Record Keeping and Reporting, to certify the air emissions for the past
calendar year. The certified emissions are used for inventory and
planning purposes. The certified emissions are used for inventory and
planning purposes.
DNREC's Division of Air Quality (DAQ) developed the point source
data for the 2017 base year inventory. The point source inventory
contains emissions for electric generating units (EGUs) and Non-EGU
sources in the nonattainment area. EPA guidance for emissions inventory
development provides that ozone season day emissions are used for the
base year inventory for the nonattainment area. DAQ developed their
2017 inventory by using emissions directly reported to the agency by
facilities as required by Delaware air quality regulations. These
emissions are also reported to EPA, and after going through EPA's
quality assurance (QA) and quality control (QC) process, are included
in EPA's National Emissions Inventory (NEI). The emissions for this
base year can be found in EPA's 2017 NEI.\2\
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\2\ The Technical Support Document for the Base Year Inventory
Submitted with the 2015 8-Hour Ozone NAAQS Marginal Area State
Implementation Plan for the Philadelphia Area, included in the
docket for this rulemaking available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID: EPA-R03-OAR-2021-0854.
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2. Stationary Non-Point Sources
Stationary non-point sources represent a large and diverse set of
individual emission source categories. These sources collectively
represent individual sources of emissions that have not been
inventoried as either specific stationary point or mobile sources, and
are typically too small, numerous, or difficult to inventory using the
methods for the other classes of sources.
Stationary non-point sources that DNREC evaluated for the 2017 New
Castle County BYE include solvent use (e.g., dry cleaners, auto
refinishing), gasoline usage and distribution (e.g., tank truck
unloading and auto refueling), fuel combustion (e.g., combustion of
fuels in industrial, commercial, institutional, and residential
furnaces, engines, boilers, wood stoves, and fireplaces), and open
burning (e.g., rash burning, prescribed burning, burning of land
clearing debris, wildfires, building fires, and vehicle fires). Section
3.2 of the New Castle County BYE sets out the methodologies DNREC used
to estimate emissions for each of these non-point source categories.
These methods are consistent with the most recent EPA emission
inventory guidance.
3. Non-Road Mobile Sources
Non-road mobile sources represent a large and diverse set of off-
road vehicles and non-stationary equipment. 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 aircraft, airport ground
support equipment, agricultural and construction equipment powered by
an internal combustion engine, commercial marine vessels, locomotives,
and lawn and garden engines and equipment.
As explained in Section 4 of the New Castle County BYE, consistent
with EPA's Emission Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations, DNREC used
EPA's Motor Vehicle Emission Simulator (MOVES) 2014b model to develop
the inventory for non-road mobile sources. MOVES2014 and later
calculates emissions from both onroad and non-road mobile sources and
covers non-road sources across 12 broad economic sectors (e.g.,
construction, agriculture, industrial, lawn & garden, etc.)
[[Page 3261]]
classified by horsepower rating, engine type (e.g., compression
ignition, spark ignition) and displacement, and fuel type (e.g.,
gasoline, diesel, compressed natural gas (CNG), and liquefied petroleum
gas (LPG)).
Section 4 of the New Castle County BYE also includes aircraft,
railroad locomotive, and commercial marine vessel emissions. DNREC
calculated emissions from these sources by collecting data directly
from surveyed sources, or activity from state and federal reporting
agencies. To estimate emissions for aircraft, DNREC used airport
activity statistics from the Federal Aviation Administration (FAA),
landing and takeoff cycle information from the Delaware Department of
Transportation (DelDOT), and survey information for landing and
takeoffs, engine type, location, and usage data from airports within
New Castle County. Railroad emission estimates were developed using
activity and fuel consumption estimates collected from the rail
companies within the state, including the Maryland & Delaware (MDDE)
Railroad, Delaware Coast Line Railroad, Delmarva Central Railroad,
Eastern Penn Railroad, and Wilmington and Western. For commercial
marine vessels, DNREC calculated emissions for ocean-going vessels,
towboats, tug-assist vessels, ferries, and vessels associated with
dredging operations. Emissions were calculated based on mode of
operation, vessel type, tonnage, and engine type; DNREC developed
county emission allocation factors based on the location of the
activity on various waterways and length of the waterway segment. These
methods of calculating emissions are consistent with the most recent
EPA emission inventory guidance.\3\
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\3\ Emission Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, Page 130, included in the docket for
this rulemaking available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
Docket ID: EPA-R03-OAR-2021-0854.
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4. 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 source emission
estimates should utilize the latest recommended on-road mobile source
models; currently, that means the EPA's MOVES model for all states
except California. The MOVES model estimates emissions from vehicle
exhaust and from mobile source evaporative emissions, both of which
must be included in the inventory. Volatile hydrocarbons evaporate from
fuel systems 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 Section 5 of the New Castle County BYE, DNREC used
EPA's MOVES2014b model to estimate 2017 annual emissions and 2017 SSWD
daily emissions from on-road sources in New Castle County. Emissions
were estimated based on emission factors and vehicle activity. Emission
factors for vehicles were based on vehicle type (e.g., passenger cars,
passenger trucks), vehicle age, and the vehicle's operating modes.
Operating modes for running, start, and idle emissions are included in
MOVES. The emission factors varied over a range of conditions,
including ambient air temperature, speed, traffic conditions, road
types, road topography, etc. The generated emission factors were then
multiplied by the appropriate vehicle miles traveled (VMT) to estimate
emissions. To estimate the rate at which emissions are being generated
and to calculate VMT, DNREC examined its road network, vehicle fleet,
and traffic data to estimate vehicle activity. DNREC used computer
models to perform emissions calculations by simulating the travel of
vehicles on Delaware's roadway system.
EPA has reviewed the results, procedures, and methodologies for the
SIP base year, as well as comparing the inventory with previously QA/
QC'd data in EPA's 2017 NEI for any data discrepancies and found none.
EPA has therefore determined that the base year inventory to be
acceptable and developed in accordance with EPA's technical guidance.
5. Emissions Summary
The New Castle County BYE contains a summary of 2017 annual and
ozone SSWD daily emissions by source sector, which is presented in
Table 1 in this document.
Table 1--2017 New Castle County Base Year Emission Inventory Summary
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Annual (tons per year) SSWD (tons per day)
Source category -----------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
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Stationary Point.................. 747 2,504 1,766 3.11 14.53 10.42
Stationary Non-Point.............. 3,387 1,444 3,527 10.63 2.76 6.76
Non-Road Mobile................... 2,245 3,152 23,844 7.68 9.27 92.89
On-Road Mobile.................... 2,213 5,184 28,807 6.23 15.70 87.23
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Total......................... 8,592 12,284 57,944 27.65 42.26 197.30
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III. Proposed Action
EPA's review of this material indicates the New Castle County base
year inventory SIP meets the base year inventory requirement for the
2015 ozone NAAQS for Delaware's portion of the Philadelphia Area that
is designated nonattainment, which consists of New Castle County,
Delaware. Therefore, EPA is proposing to approve the New Castle County
base year inventory SIP, which was submitted on October 9, 2020. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. 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:
[[Page 3262]]
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
Delaware's base year inventory SIP 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, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 3, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-00248 Filed 1-20-22; 8:45 am]
BILLING CODE 6560-50-P
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