Proposed Rule2022-00468
Air Plan Approval; Maryland; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standard
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Published
January 14, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision consists of the base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE marginal nonattainment area (Philadelphia Area) for the 2015 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 10 (Friday, January 14, 2022)</title>
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[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Proposed Rules]
[Pages 2385-2389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00468]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0834; FRL-9382-01-R3]
Air Plan Approval; Maryland; Philadelphia Area Base Year
Inventory 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 a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision consists of the base year inventory
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE marginal nonattainment area (Philadelphia Area) for the
2015 ozone national ambient air quality standard (NAAQS). This action
is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 14,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0834 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#7a3d15081e1514543713111f3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="73341c01171c1d5d3e1a1816331603125d141c05">[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#10497162797e713e5174717d507560713e777f66"><span class="__cf_email__" data-cfemail="dc85bdaeb5b2bdf29db8bdb19cb9acbdf2bbb3aa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 30, 2020, the Maryland Department of
the Environment (MDE), on behalf of the State of Maryland, submitted a
revision to the Maryland SIP entitled, ``2015 8-
[[Page 2386]]
Hour Ozone NAAQS (0.070 ppm) Marginal Area State Implementation Plan
for the Cecil County, MD Nonattainment Area, SIP #20-09.'' Cecil County
comprises the Maryland portion of the Philadelphia Area. This SIP
revision, referred to in this rulemaking action as the ``Cecil County
base year inventory SIP,'' addresses the 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. 80 FR 65292 (October 26, 2015). Effective August 3, 2018,
EPA designated the Philadelphia Area, which consists of Cecil County in
Maryland and counties in Delaware, New Jersey, and Pennsylvania, as
marginal nonattainment for the 2015 ozone NAAQS. 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 Cecil
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 Cecil County Base Year Inventory SIP
EPA's review of the Maryland'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), MDE 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. MDE
included actual ozone season day emissions, pursuant to 40 CFR
51.1315(c).
EPA has 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="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID No. EPA-R03-
OAR-2021-0834.
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. The SIP Requirements Rule
established base year inventory requirement, which are codified at 40
CFR 51.1315. 40 CFR 51.1315(a) requires each 2015 ozone nonattainment
area to submit a base year inventory within 2 years of designation,
i.e., by no later than August 3, 2020.
40 CFR 51.1315(a) also 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 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. 73 FR 76539 (December 17,
2008). Maryland 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.). The other provisions of EPA's ozone implantation rule
at issue in the case are not relevant for this rulemaking.
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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.
C. Cecil County Base Year Inventory SIP
The Cecil County base year inventory SIP contains an explanation of
MDE's 2017 base year emissions inventory for Cecil County (2017 Cecil
County BYE) for stationary, non-point, non-road, and on-road
anthropogenic sources, as well as biogenic sources, in the Cecil County
Area. The Cecil County Area consists solely of Cecil County, MD. MDE
estimated anthropogenic emissions for volatile organic compound (VOC),
nitrogen oxide (NO<INF>X</INF>), and carbon monoxide (CO) for a typical
ozone season workweek day.
MDE developed the 2017 Cecil County BYE with the following source
categories of anthropogenic emissions sources: Point, quasi-point, non-
point, non-road, on-road, and commercial marine vessels, airport, and
railroad emissions sources (MAR). Appendix A of the Cecil County base
year inventory SIP, 2017 Base Year SIP Emissions Inventory
Methodologies (Appendix A), sets out the methodologies MDE used to
develop its base year inventory.
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). 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 Appendix A, for the 2017 Cecil County BYE, MDE defined
a point source located within a designated ozone nonattainment area as
a stationary commercial or industrial facility that operations and
emits more than 10 tons per year (tpy) of VOC; or 25 tons per year of
NO<INF>X</INF>; or a 100 tpy of CO, sulfur oxides (SO<INF>X</INF>),
particulate matter with an aerodynamic diameter less than 10
micrometers (PM<INF>10</INF>), diameter less than 2.5 micrometers
(PM<INF>2.5</INF>), and total suspended particulates (TSP).
In Appendix A, MDE explains that it used several methods of source
identification to ensure the point source inventory is as complete as
possible. MDE's primary data source is its permitting program, and
MDE's compliance program identifies other point sources through
facility inspections and investigations. In addition, facilities are
required by Maryland's emissions statement regulations, Code of
Maryland Regulations (COMAR) 26.11.01.05-1 and 26.11.02.19D to certify
the air
[[Page 2387]]
emissions for the past calendar year. The certified emissions are used
for inventory and planning purposes.
MDE 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. MDE developed their 2017 inventory by using
emissions directly reported to the agency by facilities as required by
Maryland 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\ Technical Support Document (TSD) for the Base Year Inventory
Submitted with the 2015 8-Hour Ozone NAAQS Marginal Area State
Implementation Plan for the Baltimore, MD Nonattainment 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-2021-0834.
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2. Quasi-Point Sources
MDE defines quasi-point sources as that are generally considered
part of the non-point or non-road emissions sectors but are included in
the point source emissions inventory for a particular reason. Such
reasons include Federal guidance, as in the case of certain airports,
or to facilitate future general conformity determinations, as in the
case of military bases, ports, and other similar facilities. 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. MDE
has not identified any quasi-point sources in Cecil County.
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 either 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.
Non-point sources that MDE evaluated for the 2017 Cecil County BYE
include petroleum distribution losses (e.g., tank truck unloading and
auto refueling), stationary source solvent application (e.g., dry
cleaners, auto refinishing), bioprocess emissions sources (e.g.,
bakeries, breweries, wineries, distilleries), catastrophic/accidental
releases (e.g., oil spills and leaking underground storage tanks),
solid waste disposal, treatment, and recovery (e.g., incineration, open
burning), small stationary source fossil fuel use (e.g., small utility
boilers, wood combustion, commercial cooking), fugitive sources (e.g.,
construction activity and unpaved roads), fire sources (e.g.,
agricultural burning and vehicle fires), and ammonia sources (e.g.,
agricultural livestock production operations). Appendix A sets out the
methodologies MDE used to estimate emissions for each of these non-
point source categories. These methods are consistent with the most
recent EPA emission inventory guidance.
4. Non-Road
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 Appendix A, consistent with EPA's Emission
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards and Regional Haze Regulations,
MDE used the most current version of EPA's NONROAD2008a model, which is
incorporated into EPA's Motor Vehicle Emission Simulator (MOVES) model,
specifically MOVES2014a, to develop the inventory for non-road mobile
sources. The NONROAD2008a model includes more than 80 basic and 260
specific types of non-road equipment (e.g., agricultural, airport
support, commercial, construction, industrial, recreational vehicles,
recreational watercraft, lawn and garden, railway maintenance, etc.)
and further stratifies equipment types by horsepower rating. Fuel types
include gasoline, diesel, compressed natural gas (CNG), and liquefied
petroleum gas (LPG).
Marine Vessels, Airport, Railroad Locomotives (MAR) Sources are a
non-road subcategory. MDE states in its Cecil County base year
inventory SIP that, for MAR sources, MDE calculated emissions by
collecting data directly from surveyed sources, or activity from state
and federal reporting agencies. To develop the commercial marine
vehicle emissions for the base year, Maryland used EPA's 2016 beta
modeling platform. This platform was used because it provided the most
recent descriptions and methodologies for calculation of marine vessel
emissions. To estimate emissions for aircraft, Maryland used airport
activity statistics from the Federal Aviation Agency (FAA), landing and
takeoff cycle information from the Maryland Aviation Administration,
and statewide survey information for landing and takeoffs, engine type,
location, and usage data. Railroad emission estimates were developed
using activity and fuel consumption estimates collected from the rail
companies and proportioned to each county by the amount of track miles
each company utilized in a county. MDE applied EPA emission factors
using EPA guidance and methodologies or the best engineering method.
These methods of calculating emissions are consistent with the most
recent EPA emission inventory guidance.\3\ Details of the development
of emissions for these sources along with other non-road model sources
are provided in Appendix A.
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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-2021-0834 PG 130.
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5. On-Road 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.
[[Page 2388]]
As stated in Appendix A, MDE used EPA's MOVES2014a model to
estimate the 2017 annual emissions as well as 2017 daily emissions from
on-road vehicles and total energy consumption in Maryland. 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, such as
the 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, MDE examined its road network and fleet to estimate
vehicle activity. For the annual inventories, this was done for each of
the twelve months in 2017 and aggregated for the entire year. MDE used
computer models to perform these calculations by simulating the travel
of vehicles on the Maryland'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
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.
6. Biogenic Emissions
MDE also inventoried biogenic emissions, which are not included in
the anthropogenic total. Biogenic emissions come from natural sources,
including vegetation, soils, volcanic emissions, lightning, and sea
salt. They need to be accounted for in photochemical grid models, as
most types are widespread and ubiquitous contributors to background
formation of ozone. However, they are not included in the RFP baseline.
Biogenic emissions are typically computed using a model which
utilizes spatial information on vegetation and land use and
environmental conditions of temperature and solar radiation. The model
inputs are typically horizontally allocated (gridded) data, and the
outputs are gridded biogenic emissions which can then be speciated and
utilized as input to photochemical grid models.
In Appendix A, MDE explains that it used the data files created and
made available by EPA. MDE computed biogenic emissions with a modified
version of EPA's Biogenic Emission Inventory System (BEIS) model that
utilized county land use data from EPA's land use inventory and
temperature and cloud cover data from the National Weather Service.
This method is acceptable under EPA's emission inventory guidance.
7. Emissions Summary
The Cecil County base year inventory SIP contains a summary of 2017
ozone season day emissions by source category, which is presented in
Table 1 in this document. MDE notes that the biogenic emissions are
taken from EPA's NEI 2014 database. Total biogenic emissions for July
2014 were divided by 31 days to develop average ozone season day
emissions for each jurisdiction in the region and then added together
to develop the regional total.
Table 1--2017 Cecil County BYE Summary
[Tons per ozone season day]
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Source category VOC NOX CO
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Point........................................................... 0.415 1.604 0.472
Quasi-Point..................................................... 0.000 0.000 0.000
Non-Point....................................................... 2.729 0.333 1.272
Non-Road........................................................ 2.315 1.019 15.546
MAR............................................................. 0.063 1.463 0.259
On-Road Mobile.................................................. 1.468 4.460 19.110
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Anthropogenic Total......................................... 6.990 8.879 36.660
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Biogenic........................................................ 33.776 0.555 4.079
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III. Proposed Action
EPA's review of this material indicates the Cecil County base year
inventory SIP meets the base year inventory requirement for the 2015
ozone NAAQS for Maryland's portion of the Philadelphia Area, which
consists solely of Cecil County, Maryland. Therefore. EPA is proposing
to approve the Cecil County base year inventory SIP, which was
submitted on July 30, 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:
<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);
[[Page 2389]]
<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
Maryland's portion of the Philadelphia nonattainment area base year
inventory 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, Volatile organic compounds.
Dated: January 3, 2022
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-00468 Filed 1-13-22; 8:45 am]
BILLING CODE 6560-50-P
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