Air Plan Approval; Maryland; Philadelphia Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standard, 2385-2389 [2022-00468]
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reduction in the variabilities for the
volume types associated with market
dominant letter and flat mail is only
partially offset by an increase in the
parcel variabilities. The overall changes
in the variabilities result in lower costs
for letters and flats and higher costs for
parcels. Id. at 6.
Impact. The following table presents
the impact of Proposal One on city
carrier street unit costs, including
indirect costs.
TABLE 1—CITY CARRIER COSTS INCLUDING INDIRECT COSTS
Current unit
city carrier
costs
Product
Total First-Class Mail .....................................................................................
Total USPS Marketing Mail ...........................................................................
Total Periodicals ............................................................................................
Bound Printed Matter Flats ............................................................................
Bound Printed Matter Parcels .......................................................................
Media/Library Mail .........................................................................................
Total Package Services .................................................................................
Total Domestic Market Dominant Mail ..........................................................
Total Competitive Mail and Services .............................................................
New unit city
carrier costs
$0.063
0.063
0.145
0.216
0.365
0.421
0.324
0.067
0.453
$0.041
0.043
0.113
0.173
0.452
0.506
0.365
0.046
0.528
Change in
city carrier
unit costs
% Change in
city carrier
unit costs
¥$0.022
¥0.020
¥0.033
¥0.043
0.088
0.085
0.041
¥0.021
0.075
¥34.98
¥32.28
¥22.58
¥19.90
24.02
20.07
12.74
¥31.63
16.52
Source: Excel file ‘‘FY21 Proposal One Cost Impact.xlsx,’’ tab ‘‘Unit Costs.’’
Under the new top-down model, the
unit costs for market dominant products
fall while the unit costs for competitive
products rise, reflecting the changes in
variabilities. Id. at 7.
III. Notice and Comment
The Commission establishes Docket
No. RM2022–3 for consideration of
matters raised by the Petition. More
information on the Petition may be
accessed via the Commission’s website
at https://www.prc.gov. Interested
persons may submit comments on the
Petition and Proposal One no later than
March 14, 2022. Reply comments on the
Petition and Proposal One are due no
later than March 28, 2022. Pursuant to
39 U.S.C. 505, Philip T. Abraham is
designated as officer of the Commission
(Public Representative) to represent the
interests of the general public in this
proceeding.
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IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. RM2022–3 for consideration of the
matters raised by the Petition of the
United States Postal Service for the
Initiation of a Proceeding to Consider
Proposed Changes in Analytical
Principles (Proposal One), filed January
5, 2022.
2. Comments by interested persons in
this proceeding are due no later than
March 14, 2022. Reply comments on the
Petition and Proposal One are due no
later than March 28, 2022.
3. Pursuant to 39 U.S.C. 505, the
Commission appoints Philip T.
Abraham to serve as officer of the
Commission (Public Representative) to
represent the interests of the general
public in this docket.
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16:36 Jan 13, 2022
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4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2022–00654 Filed 1–13–22; 8:45 am]
BILLING CODE 7710–FW–P
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 https://
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
SUMMARY:
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submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
https://www.epa.gov/dockets/
commenting-epa-dockets.
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
Yarina.Adam@epa.gov.
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-
SUPPLEMENTARY INFORMATION:
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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
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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 https://
www.regulations.gov, 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
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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
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
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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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.
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 NOX; or a 100 tpy
of CO, sulfur oxides (SOX), particulate
matter with an aerodynamic diameter
less than 10 micrometers (PM10),
diameter less than 2.5 micrometers
(PM2.5), 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
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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. 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 quasipoint 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
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 https://www.regulations.gov, Docket ID:
EPA–R03–OAR–2021–0834.
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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-
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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.
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.
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 https://www.regulations.gov, Docket ID: EPA–
R03–OAR–2021–0834 PG 130.
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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]
Source category
NOX
CO
Point .............................................................................................................................................
Quasi-Point ..................................................................................................................................
Non-Point .....................................................................................................................................
Non-Road .....................................................................................................................................
MAR .............................................................................................................................................
On-Road Mobile ...........................................................................................................................
0.415
0.000
2.729
2.315
0.063
1.468
1.604
0.000
0.333
1.019
1.463
4.460
0.472
0.000
1.272
15.546
0.259
19.110
Anthropogenic Total .............................................................................................................
6.990
8.879
36.660
Biogenic .......................................................................................................................................
33.776
0.555
4.079
III. Proposed Action
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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
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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:
• 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);
• Does not impose an information
collection burden under the provisions
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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);
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• 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 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.
period on a proposed rule and
announced a public hearing. On January
11, 2022, we, the U.S. Fish and Wildlife
Service, announced that we are
reopening the public comment period
on our September 30, 2021, proposal to
remove 23 species from the Federal
Lists of Endangered and Threatened
Wildlife and Plants (List) due to
extinction. We also announced a public
hearing on the proposal to remove the
ivory-billed woodpecker from the List
and stated that the comment period
reopening is only for the ivory-billed
woodpecker proposed delisting. The
document stated that the public hearing
would take place on January 26, 2021.
The correct date is January 26, 2022.
DATES: January 14, 2022.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Maclin, Branch of Delisting
and Foreign Species, Ecological Services
Program, U.S. Fish and Wildlife Service,
5275 Leesburg Pike, MS: ES, Falls
Church, VA 22041; telephone 703–358–
2646. If you use a telecommunications
device for the deaf, call the Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Correction
In proposed rule document FR Doc.
2022–00322 in the issue of January 11,
2022, on page 1390 in the third column,
make the following correction in DATES:
Public hearing: On January 26, 2022,
we will hold a public hearing on the
ivory-billed woodpecker proposed
delisting from 6:00 to 7:30 p.m., Central
Time, using the Zoom platform (for
more information, see Public Hearing,
below).
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
Madonna Baucum,
Regulations and Policy Chief, Division of
Policy, Economics, Risk Management, and
Analytics, Joint Administrative Operations,
U.S. Fish and Wildlife Service.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FR Doc. 2022–00658 Filed 1–13–22; 8:45 am]
BILLING CODE 4333–15–P
50 CFR Part 17
[Docket No. FWS–R4–ES–2020–0109;
FF09E22000 FXES11130900000 223]
DEPARTMENT OF COMMERCE
RIN 1018–BC98
lotter on DSK11XQN23PROD with PROPOSALS1
Endangered and Threatened Wildlife
and Plants; Removal of 23 Extinct
Species From the Lists of Endangered
and Threatened Wildlife and Plants;
Ivory-Billed Woodpecker; Correction
AGENCY:
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 220110–0006]
RIN 0648–BL00
Fish and Wildlife Service,
Interior.
Proposed rule; reopening of
comment period and announcement of
public hearing; correction.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Dolphin
and Wahoo Fishery of the Atlantic;
Amendment 10
This document corrects a date
in a document that reopened a comment
AGENCY:
ACTION:
SUMMARY:
VerDate Sep<11>2014
16:36 Jan 13, 2022
Jkt 256001
National Marine Fisheries
Service (NMFS), National Oceanic and
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
2389
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
NMFS proposes regulations to
implement Amendment 10 to the
Fishery Management Plan (FMP) for the
Dolphin and Wahoo Fishery of the
Atlantic (Dolphin and Wahoo FMP), as
prepared and submitted by the South
Atlantic Fishery Management Council
(Council). This proposed rule would
revise the annual catch limits (ACLs),
accountability measures (AMs), and
additional management measures for
dolphin and wahoo. The additional
management measures would address
commercial trip limits, authorized
fishing gear, the operator permit (card)
requirement for dolphin and wahoo,
and the recreational vessel limit for
dolphin. Amendment 10 would also
revise the acceptable biological catch
(ABC) and sector allocations for both
dolphin and wahoo. The purpose of this
proposed rule and Amendment 10 is to
base conservation and management
measures for dolphin and wahoo on the
best scientific information available and
increase net benefits to the fishery.
DATES: Written comments must be
received on or before February 14, 2022.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2021–0093,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
‘‘NOAA–NMFS–2021–0093’’, in the
Search box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Nikhil Mehta, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Written comments on the burdenhour estimates or other aspects of the
SUMMARY:
E:\FR\FM\14JAP1.SGM
14JAP1
Agencies
[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 [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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 https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
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 [email protected].
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 https://www.regulations.gov, 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 (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.
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
NOX; or a 100 tpy of CO, sulfur oxides (SOX),
particulate matter with an aerodynamic diameter less than 10
micrometers (PM10), diameter less than 2.5 micrometers
(PM2.5), 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\
---------------------------------------------------------------------------
\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
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2021-0834.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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 https://www.regulations.gov,
Docket ID: EPA-R03-OAR-2021-0834 PG 130.
---------------------------------------------------------------------------
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]
----------------------------------------------------------------------------------------------------------------
Source category VOC NOX CO
----------------------------------------------------------------------------------------------------------------
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
-----------------------------------------------
Anthropogenic Total......................................... 6.990 8.879 36.660
----------------------------------------------------------------------------------------------------------------
Biogenic........................................................ 33.776 0.555 4.079
----------------------------------------------------------------------------------------------------------------
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:
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);
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);
[[Page 2389]]
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 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