Rule2022-05605
Air Plan Approval; Maryland; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 22, 2022
Effective
April 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally 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 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 55 (Tuesday, March 22, 2022)</title>
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[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Rules and Regulations]
[Pages 16101-16103]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05605]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0834; FRL-9382-02-R3]
Air Plan Approval; Maryland; Philadelphia Area Base Year
Inventory for the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally 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 standards (NAAQS). This action is
being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on April 21, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0834. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
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#f0a99182999e91deb194919db0958091de979f86"><span class="__cf_email__" data-cfemail="94cdf5e6fdfaf5bad5f0f5f9d4f1e4f5baf3fbe2">[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-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 rule 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 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
[[Page 16102]]
SIP addresses a base year inventory requirement for the Philadelphia
Area.
II. Summary of SIP Revision and EPA Analysis
A. EPA's 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
reasonable further progress (RFP) plan required under 40 CFR 51.1310
for the Philadelphia Area, because it is the year of the most recent
triennial inventory. MDE included actual ozone season emissions,
pursuant to 40 CFR 51.1315(c).
EPA prepared a technical support document (TSD) in support of this
rule. 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-2021-0834.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 (83 FR 62998) rule, ``Implementation of
the 2015 National Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation Plan Requirements,'' known as
the ``SIP Requirements Rule,'' EPA set out nonattainment area
requirements for the 2015 ozone NAAQS. The SIP Requirements Rule
established base year inventory requirement, which were codified at 40
CFR 51.1315. As required by 40 CFR 51.1315(a), 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.
Also, 40 CFR 51.1315(a) requires that the inventory year be
selected consistent with the baseline year for the RFP plan as required
by 40 CFR 51.1310(b), which states that the baseline emissions
inventory shall be the emissions inventory for the most recent calendar
year for which a complete triennial inventory is required to be
submitted to EPA under the provisions of subpart A of 40 CFR part 51,
Air Emissions Reporting Requirements, 40 CFR 51.1 through 50. The most
recent triennial inventory year conducted for the National Emissions
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\ 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).
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\1\ On January 29, 2021, the Court of Appeals for the D.C.
Circuit issued its decision regarding multiple challenges to EPA's
implementation rule for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing states to use an
alternative baseline year for RFP. Sierra Club v. EPA, No. 15-1465
(D.C. Cir.) (mandate not yet issued). The other provisions of EPA's
ozone implantation rule at issue in the case are not relevant for
this rule.
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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 (NOx), 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, and is included in the docket for this
rule available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID: EPA-
R03-OAR-2021-0834.
EPA's review of Maryland's base year inventory SIP for Cecil County
indicates that it meets the base year inventory requirements for the
2015 ozone NAAQS. Other specific requirements of MDE's July 30, 2020
submittal and the rationale for EPA's proposed action, including
further information on each source category, are explained in the
notice of proposed rulemaking (NPRM) and will not be restated here.
III. EPA's Response to Comments Received
EPA received one comment supporting our proposed action in the
January 14, 2022 NPRM. The comment received is in the docket for this
rulemaking action. EPA received no adverse comments.
IV. Final 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 the Philadelphia Area. Therefore, EPA is approving the
Cecil County base year inventory SIP, which was submitted on July 30,
2020.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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);
<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
[[Page 16103]]
<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 final rule, approving Maryland'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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Nitrogen dioxide, Volatile organic
compounds.
Dated: March 8, 2022.
Diana Esher,
Acting 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 V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding an
entry for ``Philadelphia Area Base Year Inventory for the 2015 Ozone
National Ambient Air Quality Standards'' at the end of the table to
read as follows:
Sec. 52.1070 Identification of plan.
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(e) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Philadelphia Area Base Year Maryland portion of 7/30/20 3/22/22, [insert Maryland's portion
Inventory for the 2015 Ozone the Philadelphia- Federal Register of the
National Ambient Air Quality Wilmington-Atlantic citation]. Philadelphia Area
Standards. City, PA-NJ-DE-MD consists of Cecil
2015 ozone County, Maryland.
nonattainment area..
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[FR Doc. 2022-05605 Filed 3-21-22; 8:45 am]
BILLING CODE 6560-50-P
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