Approval and Promulgation of Air Quality Implementation Plans; Delaware; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for New Castle and Sussex Counties, 59052-59055 [2015-24889]
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
Dated: September 10, 2015.
F.L. Gilmore,
Captain, U.S. Coast Guard, Acting Captain
of the Port Morgan City, LA.
[FR Doc. 2015–24827 Filed 9–30–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0455; FRL–9934–81–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; 2011 Base Year Inventories
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for New
Castle and Sussex Counties
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2011 base year
inventories for the 2008 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) for New Castle and Sussex
Counties, submitted by the State of
Delaware. The emission inventories
were submitted to meet the
nonattainment requirements for the
marginal ozone nonattainment areas for
the 2008 8-hour ozone NAAQS. EPA is
approving the 2011 base year emissions
inventories for the 2008 8-hour ozone
NAAQS for New Castle and Sussex
Counties, Delaware, in accordance with
the requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
November 30, 2015 without further
notice, unless EPA receives adverse
written comment by November 2, 2015.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0455 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0455,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
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DATES:
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0455. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI, or otherwise
protected, through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
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FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ground-level ozone is formed when
nitrogen oxides (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. Referred to as
ozone precursors, these two pollutants
are emitted by many types of pollution
sources, including on- and off-road
motor vehicles and engines, power
plants and industrial facilities, and area
wide sources, such as consumer
products and lawn and garden
equipment. Scientific evidence
indicates that adverse public health
effects occur following a person’s
exposure to ozone, particularly children
and adults with lung disease. Breathing
air containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma or other lung diseases.
As a consequence of this scientific
evidence, EPA promulgated the 0.12
part per million (ppm) 1-hour ozone
NAAQS. See 44 FR 8202 (February 8,
1979).
On July 18, 1997 (62 FR 38855), EPA
promulgated a revised ozone NAAQS of
0.08 ppm, averaged over eight hours.
This standard was determined to be
more protective of public health than
the previous 1979 1-hour ozone
standard. In 2008, EPA revised the 8hour ozone NAAQS from 0.08 to 0.075
ppm. See 73 FR 16436 (March 27, 2008).
On May 21, 2012 (77 FR 30088), New
Castle and Sussex Counties were
designated as marginal nonattainment
for the more stringent 2008 8-hour
ozone NAAQS. New Castle County is
part of the Philadelphia-WilmingtonAtlantic City nonattainment area for the
2008 8-hour ozone NAAQS. Sussex
County is designated as the Seaford
nonattainment area for the 2008 8-hour
ozone NAAQS. Under section 172(c)(3)
of the CAA, Delaware is required to
submit comprehensive, accurate, and
current inventories of actual emissions
from all sources of the relevant
pollutants in its marginal nonattainment
areas, i.e., New Castle and Sussex
Counties.
II. Summary of SIP Revision
Under CAA section 172(c)(3), states
are required to submit a comprehensive,
accurate, current accounting of actual
emissions from all sources (point,
nonpoint, nonroad, and onroad) in the
nonattainment area. CAA section
182(a)(1) requires that areas designated
as nonattainment and classified as
marginal are to submit an inventory of
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
Environment Control (DE DNREC)
submitted its 2011 base year inventories
for the 2008 8-hour ozone NAAQS for
its marginal nonattainment areas of New
Castle and Sussex Counties. The 2011
base year inventories include emissions
estimates that cover the general source
categories of stationary point sources,
stationary nonpoint sources, nonroad
mobile sources and onroad mobile
all sources of ozone precursors no later
than 2 years after the effective date of
designation. This ‘‘base year’’ inventory
contains actual annual emissions and
typical ozone season day emissions for
the ozone season of May through
September for NOX, VOC, and carbon
monoxide (CO).
On April 23, 2015, the Delaware
Department of Natural Resources and
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sources. The pollutants that comprise
the inventory are NOX, VOCs, and CO.
Tables 1 and 2 summarize the 2011
VOC, NOX and CO emission inventory
by source sector for New Castle and
Sussex Counties. Annual emissions are
given in tons per year (tpy), and summer
weekday emissions are given in tons per
day (tpd).
TABLE 1—NEW CASTLE COUNTY 2011 EMISSIONS
Annual (tpy)
Summer Weekday (tpd)
Source sector
VOC
NOX
CO
VOC
NOX
CO
Point .................................................................................
Non-Point .........................................................................
Onroad .............................................................................
Nonroad ...........................................................................
819
4,882
3,285
1,989
2,750
1,324
7,495
3,577
3,649
3,425
37,489
20,688
2.97
11.39
8.85
7.04
12.02
2.11
20.65
11.19
12.32
2.24
91.58
79.33
Total ..........................................................................
10,975
15,146
65,251
30.25
45.97
185.47
TABLE 2—SUSSEX COUNTY 2011 EMISSIONS
Annual (tpy)
Summer Weekday (tpd)
Source sector
VOC
NOX
CO
VOC
NOX
CO
815
2,177
2,974
2,558
2,456
478
4,702
3,045
442
2,463
28,323
16,917
4.94
5.95
8.86
8.47
12.10
0.86
14.87
10.02
1.60
2.05
78.67
60.50
Total ..........................................................................
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Point .................................................................................
Non-Point .........................................................................
Onroad .............................................................................
Nonroad ...........................................................................
8,524
10,681
48,145
28.22
37.85
142.82
EPA’s guidance for emissions
inventory development calls for actual
emissions to be used in the base year
inventory. DE DNREC developed the
point source data for the 2011 base year
inventory using emissions directly
reported by the facilities. For the 2011
nonpoint source emissions, also known
as ‘‘area sources,’’ DE DNREC estimated
emissions by multiplying an emission
factor by some known indicator of
collective activity for each source
category by county. These emissions are
typically calculated on an annual basis,
because activity data are generally only
available on an annual basis. DE DNREC
converted the annual emissions to
seasonal emissions.
DE DNREC has submitted data from
EPA’s National Emissions Inventory
(NEI), version 1, for the onroad
inventory. The NEI onroad emissions
inventory was developed using the
EPA’s highway mobile source emissions
model, MOVES 2010a. DE DNREC
prepared the 2011 nonroad mobile
source inventory using EPA’s
NONROAD2008a model, which
estimates fuel consumption and
emissions for all nonroad mobile source
categories except for aircraft,
locomotives, and commercial marine
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vessels. Aircraft emissions were
estimated using the Federal Aviation
Administration’s (FAA) Emissions and
Dispersion Modeling System (EDMS).
Locomotive emissions were calculated
using company provided fuel
consumption data. Commercial marine
vessel emissions were calculated using
specific activity and operation data for
each vessel. DE DNREC reported annual
emissions and ozone season day
emissions.
EPA reviewed DE DNREC’s 2011 base
year emission inventories for New
Castle and Sussex Counties and
determined that the results obtained and
the procedures and methodologies used
are acceptable and approvable. A
detailed evaluation of Delaware’s 2011
base year inventories is provided in the
Technical Support Document (TSD)
EPA prepared for this rulemaking
action. The TSD can be found at https://
www.regulations.gov, Docket ID No.
EPA–R03–OAR–2015–0455.
ozone NAAQS as revisions to the
Delaware’s SIP. EPA is publishing this
rule without prior proposal because
EPA views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on November 30, 2015 without
further notice unless EPA receives
adverse comment by November 2, 2015.
If EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
III. Final Action
IV. Statutory and Executive Order
Reviews
Pursuant to section 172(c) of the CAA,
EPA is approving the 2011 base year
emissions inventories for New Castle
and Sussex Counties submitted by the
State of Delaware for the 2008 8-hour
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.
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and 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:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
• 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);
• 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
• 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 rule 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.
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 November 30, 2015. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
Applicable
geographic
area
State
submittal
date
*
*
2011 Base Year Inventories for the 2008 8Hour Ozone National Ambient Air Quality
Standard.
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Name of non-regulatory
SIP revision
*
New Castle and Sussex Counties.
*
*
April 23, 2015 ............
3. Section 52.423 is amended by
adding paragraph (e) to read as follows:
■
§ 52.423
Base year emissions inventory.
*
*
*
*
*
(e) EPA approves as a revision to the
Delaware State Implementation Plan the
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2011 base year emissions inventory for
New Castle and Sussex Counties for the
2008 8-hour ozone national ambient air
quality standard submitted by the
Delaware Department of the Natural
Resources and Environmental Control
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response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking action. This action
approving Delaware’s 2011 base year
inventories for the 2008 8-hour ozone
NAAQS for New Castle and Sussex
Counties 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. In § 52.420, the table in paragraph
(e) is amended by adding the entry
‘‘2011 Base Year Inventories for the
2008 8-Hour Ozone National Ambient
Air Quality Standard’’ at the end of the
table to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(e) * * *
*
EPA Approval
date
*
October 1, 2015 [Insert Federal Register citation].
*
Additional
explanation
*
§ 52.423(e).
on April 23, 2015. The 2011 base year
emissions inventory includes emissions
estimates that cover the general source
categories of point sources, nonroad
mobile sources, area sources, onroad
mobile sources, and biogenic sources.
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The pollutants that comprise the
inventory are nitrogen oxides (NOX),
volatile organic compounds (VOC), and
carbon monoxide (CO).
[FR Doc. 2015–24889 Filed 9–30–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
[EPA–R03–OAR–2015–0404; FRL–9934–92–
Region 3]
SUPPLEMENTARY INFORMATION:
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Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Adoption of Control
Techniques Guidelines for Metal
Furniture Coatings and Miscellaneous
Metal Parts Coatings
I. Background
On July 17, 2015 (80 FR 42459), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland, proposing approval of
Maryland’s SIP submittal which
includes amendments to the State’s
AGENCY: Environmental Protection
regulation for the control of VOCs and
Agency (EPA).
adopts the requirements of EPA’s CTGs
for the coating of metal furniture and
ACTION: Final rule.
miscellaneous metal parts, as RACT for
SUMMARY: The Environmental Protection these source categories. The formal SIP
Agency (EPA) is approving a State
revision (#14–02) was submitted by the
Implementation Plan (SIP) revision
State of Maryland on July 28, 2014.
submitted by the State of Maryland. The
Section 172(c)(1) of the CAA provides
revision includes amendments to
that SIPs for nonattainment areas must
Maryland’s regulation for the control of
include reasonably available control
volatile organic compounds (VOC) and
measures (RACM), including RACT for
meets the requirement to adopt
sources of emissions. Section
reasonably available control technology 182(b)(2)(A) provides that for certain
(RACT) for sources covered by EPA’s
nonattainment areas, states must revise
Control Techniques Guidelines (CTG)
their SIPs to include RACT for sources
standards for coatings for metal
of VOC emissions covered by a CTG
furniture and miscellaneous metal parts. document issued after November 15,
These amendments will reduce
1990 and prior to the area’s date of
emissions of VOC from these source
attainment. States can follow the CTGs
categories and assist Maryland to attain
and adopt state regulations to
and maintain the national ambient air
implement the recommendations
quality standard (NAAQS) for ozone.
contained therein, or they can adopt
EPA is approving this revision to reduce alternative approaches. In either case,
VOC emissions in accordance with the
states must submit their RACT rules to
requirements of the Clean Air Act
EPA for review and approval as part of
(CAA).
the SIP process.
DATES: This final rule is effective on
In September 2007, EPA published a
November 2, 2015.
new CTG for Metal Furniture Coatings
(EPA–453/R–07–005), and in September
ADDRESSES: EPA has established a
2008, EPA published a new CTG for
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0404. All Miscellaneous Metal and Plastic Parts
Coatings (EPA–453/R–08–003). These
documents in the docket are listed in
CTGs discuss the nature of VOC
the www.regulations.gov Web site.
Although listed in the electronic docket, emissions from these industries, the
available control technologies for
some information is not publicly
addressing such emissions, the cost of
available, i.e., confidential business
available control options, and other
information (CBI) or other information
whose disclosure is restricted by statute. information. EPA developed new CTGs
for these industries after reviewing
Certain other material, such as
existing state and local VOC emission
copyrighted material, is not placed on
reduction approaches, new source
the Internet and will be publicly
performance standards (NSPS),
available only in hard copy form.
previously issued CTGs, and national
Publicly available docket materials are
emission standards for hazardous air
available either electronically through
www.regulations.gov or in hard copy for pollutants (NESHAP) for these source
categories.
public inspection during normal
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II. Summary of SIP Revision
On July 28, 2014, the State of
Maryland through the Maryland
Department of the Environment (MDE)
submitted to EPA a SIP revision (#14–
02) concerning the adoption of the
emission limits for metal furniture
coatings found in the Metal Furniture
Coatings CTG and miscellaneous metal
parts coatings found in the
Miscellaneous Metal and Plastic Parts
Coatings CTG. Maryland has adopted
EPA’s CTG standards for metal furniture
and miscellaneous metal parts coating
processes by amending Regulation .08
under COMAR 26.11.19, Volatile
Organic Compounds from Specific
Sources. Specifically, this revision
amends the existing regulation in
section 26.11.19.08 by adding coating
standards for both metal furniture and
miscellaneous metal parts that are either
equal to or more stringent than the
coating standards found in EPA’s CTGs.
Additionally, new definitions and
application methods were added to
COMAR section 26.11.19.08. A detailed
summary of Maryland’s amendments
and EPA’s review of and rationale for
approving this SIP revision submittal
may be found in the NPR and Technical
Support Document (TSD) for this
rulemaking action which is available
online at www.regulations.gov, Docket
number EPA–R03–OAR–2015–0404.
III. Final Action
EPA is approving the State of
Maryland’s July 28, 2014 SIP submittal
as a revision to the Maryland SIP. The
SIP submittal being approved in this
action consists of amendments to
Maryland’s regulation for the control of
VOCs and adopts the requirements of
EPA’s CTGs for the coating of metal
furniture and miscellaneous metal parts,
as RACT for these source categories.
IV. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the MDE
rules regarding control of VOC
emissions from metal furniture and
miscellaneous metal parts coatings as
described in Section II of this
rulemaking action. The EPA has made,
and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
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]]>Agencies
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59052-59055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24889]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0455; FRL-9934-81-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; 2011 Base Year Inventories for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for New Castle and Sussex Counties
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2011 base year inventories for the 2008 8-
hour ozone National Ambient Air Quality Standard (NAAQS) for New Castle
and Sussex Counties, submitted by the State of Delaware. The emission
inventories were submitted to meet the nonattainment requirements for
the marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS.
EPA is approving the 2011 base year emissions inventories for the 2008
8-hour ozone NAAQS for New Castle and Sussex Counties, Delaware, in
accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on November 30, 2015 without further
notice, unless EPA receives adverse written comment by November 2,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0455 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2015-0455, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0455. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ground-level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
Referred to as ozone precursors, these two pollutants are emitted by
many types of pollution sources, including on- and off-road motor
vehicles and engines, power plants and industrial facilities, and area
wide sources, such as consumer products and lawn and garden equipment.
Scientific evidence indicates that adverse public health effects occur
following a person's exposure to ozone, particularly children and
adults with lung disease. Breathing air containing ozone can reduce
lung function and inflame airways, which can increase respiratory
symptoms and aggravate asthma or other lung diseases. As a consequence
of this scientific evidence, EPA promulgated the 0.12 part per million
(ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979).
On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone
NAAQS of 0.08 ppm, averaged over eight hours. This standard was
determined to be more protective of public health than the previous
1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21,
2012 (77 FR 30088), New Castle and Sussex Counties were designated as
marginal nonattainment for the more stringent 2008 8-hour ozone NAAQS.
New Castle County is part of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS. Sussex County is
designated as the Seaford nonattainment area for the 2008 8-hour ozone
NAAQS. Under section 172(c)(3) of the CAA, Delaware is required to
submit comprehensive, accurate, and current inventories of actual
emissions from all sources of the relevant pollutants in its marginal
nonattainment areas, i.e., New Castle and Sussex Counties.
II. Summary of SIP Revision
Under CAA section 172(c)(3), states are required to submit a
comprehensive, accurate, current accounting of actual emissions from
all sources (point, nonpoint, nonroad, and onroad) in the nonattainment
area. CAA section 182(a)(1) requires that areas designated as
nonattainment and classified as marginal are to submit an inventory of
[[Page 59053]]
all sources of ozone precursors no later than 2 years after the
effective date of designation. This ``base year'' inventory contains
actual annual emissions and typical ozone season day emissions for the
ozone season of May through September for NOX, VOC, and
carbon monoxide (CO).
On April 23, 2015, the Delaware Department of Natural Resources and
Environment Control (DE DNREC) submitted its 2011 base year inventories
for the 2008 8-hour ozone NAAQS for its marginal nonattainment areas of
New Castle and Sussex Counties. The 2011 base year inventories include
emissions estimates that cover the general source categories of
stationary point sources, stationary nonpoint sources, nonroad mobile
sources and onroad mobile sources. The pollutants that comprise the
inventory are NOX, VOCs, and CO.
Tables 1 and 2 summarize the 2011 VOC, NOX and CO
emission inventory by source sector for New Castle and Sussex Counties.
Annual emissions are given in tons per year (tpy), and summer weekday
emissions are given in tons per day (tpd).
Table 1--New Castle County 2011 Emissions
----------------------------------------------------------------------------------------------------------------
Annual (tpy) Summer Weekday (tpd)
Source sector -----------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Point............................. 819 2,750 3,649 2.97 12.02 12.32
Non-Point......................... 4,882 1,324 3,425 11.39 2.11 2.24
Onroad............................ 3,285 7,495 37,489 8.85 20.65 91.58
Nonroad........................... 1,989 3,577 20,688 7.04 11.19 79.33
-----------------------------------------------------------------------------
Total......................... 10,975 15,146 65,251 30.25 45.97 185.47
----------------------------------------------------------------------------------------------------------------
Table 2--Sussex County 2011 Emissions
----------------------------------------------------------------------------------------------------------------
Annual (tpy) Summer Weekday (tpd)
Source sector -----------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Point............................. 815 2,456 442 4.94 12.10 1.60
Non-Point......................... 2,177 478 2,463 5.95 0.86 2.05
Onroad............................ 2,974 4,702 28,323 8.86 14.87 78.67
Nonroad........................... 2,558 3,045 16,917 8.47 10.02 60.50
-----------------------------------------------------------------------------
Total......................... 8,524 10,681 48,145 28.22 37.85 142.82
----------------------------------------------------------------------------------------------------------------
EPA's guidance for emissions inventory development calls for actual
emissions to be used in the base year inventory. DE DNREC developed the
point source data for the 2011 base year inventory using emissions
directly reported by the facilities. For the 2011 nonpoint source
emissions, also known as ``area sources,'' DE DNREC estimated emissions
by multiplying an emission factor by some known indicator of collective
activity for each source category by county. These emissions are
typically calculated on an annual basis, because activity data are
generally only available on an annual basis. DE DNREC converted the
annual emissions to seasonal emissions.
DE DNREC has submitted data from EPA's National Emissions Inventory
(NEI), version 1, for the onroad inventory. The NEI onroad emissions
inventory was developed using the EPA's highway mobile source emissions
model, MOVES 2010a. DE DNREC prepared the 2011 nonroad mobile source
inventory using EPA's NONROAD2008a model, which estimates fuel
consumption and emissions for all nonroad mobile source categories
except for aircraft, locomotives, and commercial marine vessels.
Aircraft emissions were estimated using the Federal Aviation
Administration's (FAA) Emissions and Dispersion Modeling System (EDMS).
Locomotive emissions were calculated using company provided fuel
consumption data. Commercial marine vessel emissions were calculated
using specific activity and operation data for each vessel. DE DNREC
reported annual emissions and ozone season day emissions.
EPA reviewed DE DNREC's 2011 base year emission inventories for New
Castle and Sussex Counties and determined that the results obtained and
the procedures and methodologies used are acceptable and approvable. A
detailed evaluation of Delaware's 2011 base year inventories is
provided in the Technical Support Document (TSD) EPA prepared for this
rulemaking action. The TSD can be found at https://www.regulations.gov,
Docket ID No. EPA-R03-OAR-2015-0455.
III. Final Action
Pursuant to section 172(c) of the CAA, EPA is approving the 2011
base year emissions inventories for New Castle and Sussex Counties
submitted by the State of Delaware for the 2008 8-hour ozone NAAQS as
revisions to the Delaware's SIP. EPA is publishing this rule without
prior proposal because EPA views this as a noncontroversial amendment
and anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on November 30,
2015 without further notice unless EPA receives adverse comment by
November 2, 2015. If EPA receives adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IV. 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.
[[Page 59054]]
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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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);
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);
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
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 rule 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.
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 November 30, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action approving Delaware's 2011 base year
inventories for the 2008 8-hour ozone NAAQS for New Castle and Sussex
Counties 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 17, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended 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 I--Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding the
entry ``2011 Base Year Inventories for the 2008 8-Hour Ozone National
Ambient Air Quality Standard'' at the end of the table to read as
follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 Base Year Inventories for New Castle and April 23, 2015.... October 1, 2015 Sec. 52.423(e).
the 2008 8-Hour Ozone National Sussex Counties. [Insert Federal
Ambient Air Quality Standard. Register
citation].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.423 is amended by adding paragraph (e) to read as
follows:
Sec. 52.423 Base year emissions inventory.
* * * * *
(e) EPA approves as a revision to the Delaware State Implementation
Plan the 2011 base year emissions inventory for New Castle and Sussex
Counties for the 2008 8-hour ozone national ambient air quality
standard submitted by the Delaware Department of the Natural Resources
and Environmental Control on April 23, 2015. The 2011 base year
emissions inventory includes emissions estimates that cover the general
source categories of point sources, nonroad mobile sources, area
sources, onroad mobile sources, and biogenic sources.
[[Page 59055]]
The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOC), and carbon monoxide
(CO).
[FR Doc. 2015-24889 Filed 9-30-15; 8:45 am]
BILLING CODE 6560-50-P
