Air Plan Approval; Delaware; Philadelphia Area 2017 Base Year Inventory for the Ozone National Ambient Air Quality Standard, 3259-3262 [2022-00248]
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules
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[FR Doc. 2022–01011 Filed 1–20–22; 8:45 am]
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[EPA–R03–OAR–2021–0854; FRL–9381–01–
R3]
Air Plan Approval; Delaware;
Philadelphia Area 2017 Base Year
Inventory for the Ozone National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
formally submitted by the State of
Delaware. This revision consists of the
base year inventory for the Delaware
portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal
nonattainment area (Philadelphia Area)
for the 2015 ozone national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before February 22, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0854 at https://
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. 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
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SUMMARY:
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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.
SUPPLEMENTARY INFORMATION: On
October 9, 2020, the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on
behalf of the State of Delaware,
submitted a revision to the Delaware SIP
entitled, ‘‘2017 Base Year Emissions
Inventory State Implementation Plan for
VOC, NOX, and CO for Areas of
Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.’’ New
Castle County comprises Delaware’s
portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE 2015 ozone
NAAQS nonattainment area. This SIP
revision, referred to in this rulemaking
action as the ‘‘New Castle County base
year inventory SIP,’’ addresses
Delaware’s base year inventory
requirement for the 2015 ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 ppm
parts per million (ppm) to 0.070 ppm.
See 80 FR 65292 (October 26, 2015).
Effective August 3, 2018, EPA
designated the Philadelphia Area,
which consists of New Castle County in
Delaware and counties in Maryland,
New Jersey, and Pennsylvania, as
marginal nonattainment for the 2015
ozone NAAQS. See 83 FR 25776 (June
4, 2018). CAA section 182(a)(1) requires
ozone nonattainment areas classified as
marginal or above to submit a
comprehensive, accurate, current
inventory of actual emissions from all
emissions sources in the nonattainment
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area, known as a ‘‘base year inventory.’’
The New Castle County base year
inventory SIP addresses a base year
inventory requirement for the
Philadelphia Area.
II. Summary of SIP Revision and EPA
Analysis
A. EPA Evaluation of the New Castle
County Base Year Inventory SIP
EPA’s review of Delaware’s base year
inventory SIP indicates that it meets the
base year inventory requirements for the
2015 ozone NAAQS. As required by 40
CFR 51.1315(a), DNREC selected 2017
for the base year inventory, which is
consistent with the baseline year for the
RFP because it is the year of the most
recent triennial inventory. DNREC
included actual ozone season emissions,
pursuant to 40 CFR 51.1315(c).
EPA prepared a Technical Support
Document (TSD) in support of this
rulemaking. In that TSD, EPA reviewed
the results, procedures, and
methodologies for the SIP base year, and
found them to be acceptable and
developed in accordance with EPA’s
technical guidance. The TSD is
available online at https://
www.regulations.gov, Docket ID No.
EPA–R03–OAR–2021–0854.
B. Base Year Inventory Requirements
In EPA’s December 6, 2018 (83 FR
62998) rulemaking, ‘‘Implementation of
the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment
Area State Implementation Plan
Requirements,’’ known as the ‘‘SIP
Requirements Rule,’’ EPA set out
nonattainment area requirements for the
2015 ozone NAAQS. SIP Requirements
Rule established base year inventory
requirement, which were codified at 40
CFR 51.1315. As per 40 CFR 51.1315(a),
each 2015 ozone nonattainment area is
required to submit a base year inventory
within 2 years of designation (i.e., no
later than August 3, 2020).
Also, 40 CFR 51.1315(a) requires that
the inventory year be selected consistent
with the baseline year for the reasonable
further progress (RFP) plan as required
by 40 CFR 51.1310(b), which states that
the baseline emissions inventory shall
be the emissions inventory for the most
recent calendar year for which a
complete triennial inventory is required
to be submitted to the EPA under the
provisions of subpart A of 40 CFR part
51, Air Emissions Reporting
Requirements, 40 CFR 51.1 through
51.50. The most recent triennial
inventory year conducted for the
National Emissions Inventory (NEI)
pursuant to the Air Emissions Reporting
Requirements (AERR) rule is 2017. See
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73 FR 76539 (December 17, 2008).
Delaware selected 2017 as their baseline
emissions inventory year for RFP. This
selection comports with EPA’s
implementation regulations for the 2015
ozone NAAQS because 2017 is the
inventory year. 40 CFR 51.1310(b).1
Furthermore, 40 CFR 51.1315(c)
requires emissions values included in
the base year inventory to be actual
ozone season day emissions as defined
by 40 CFR 51.1300(q), which states that
ozone season day emissions means an
average day’s emissions for a typical
ozone season work weekday. The state
shall select, subject to EPA approval, the
particular month(s) in the ozone season
and the day(s) in the work week to be
represented, considering the conditions
assumed in the development of RFP
plans and/or emissions budgets for
transportation conformity.
C. New Castle County Base Year
Inventory SIP
The New Castle County base year
inventory SIP contains an explanation
of DNREC’s 2017 base year emissions
inventory for New Castle County (2017
New Castle County BYE) for point, nonpoint, and mobile anthropogenic
sources within New Castle County.
DNREC estimated anthropogenic
emissions for nitrogen oxide (NOX),
volatile organic compound (VOC), and
carbon monoxide (CO) for annual and
Summer Season Weekday (SSWD) daily
emissions. The 2017 New Castle County
BYE contains the following source
categories of anthropogenic emissions
sources: Stationary point, stationary
non-point, mobile non-road, and mobile
on-road sources, with an explanation of
the methodologies used to derive
emissions summaries for each source
category contained within each
respective section.
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1. Stationary Point Sources
Point sources are larger sources that
are located at a fixed, stationary
location. As defined by the AERR in 40
CFR 51.50, point sources are large,
stationary (non-mobile), identifiable
sources of emissions that release
pollutants into the atmosphere. A point
source is a facility that is a major source
under 40 CFR part 70 for one or more
of the pollutants for which reporting is
required by 40 CFR 51.15(a)(1). These
1 On January 29, 2021, the Court of Appeals for
the D.C. Circuit issued its decision regarding
multiple challenges to EPA’s implementation rule
for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing
states to use an alternative baseline year for RFP.
Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021).
The other provisions of EPA’s ozone implantation
rule at issue in the case are not relevant for this
rulemaking.
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point sources can be associated with a
single point or group of points in space.
Examples of point source emissions
categories include power plants,
industrial boilers, petroleum refineries,
cement plants, and other industrial
plants.
As stated in Section 2 of the 2017
New Castle County BYE, point sources
included large industrial (e.g.,
manufacturing), commercial, and
institutional facilities (e.g., hospitals,
universities, prisons, military bases,
landfills, and wastewater treatment
plants) within New Castle County that
held either a Title V permit or a
Synthetic Minor permit in 2017. DNREC
explains that it used several methods of
source identification. DNREC’s primary
data source is its permitting program,
and DNREC’s compliance program
identifies other point sources though
facility inspections and investigations.
In addition, facilities are required by
Delaware’s emissions statement
regulations, facilities are required by
Delaware’s emissions statement
regulations, Delaware Administrative
Code (DAC) 7 DE Admin. Code 1117
Source Monitoring, Record Keeping and
Reporting, to certify the air emissions
for the past calendar year. The certified
emissions are used for inventory and
planning purposes. The certified
emissions are used for inventory and
planning purposes.
DNREC’s Division of Air Quality
(DAQ) developed the point source data
for the 2017 base year inventory. The
point source inventory contains
emissions for electric generating units
(EGUs) and Non-EGU sources in the
nonattainment area. EPA guidance for
emissions inventory development
provides that ozone season day
emissions are used for the base year
inventory for the nonattainment area.
DAQ developed their 2017 inventory by
using emissions directly reported to the
agency by facilities as required by
Delaware air quality regulations. These
emissions are also reported to EPA, and
after going through EPA’s quality
assurance (QA) and quality control (QC)
process, are included in EPA’s National
Emissions Inventory (NEI). The
emissions for this base year can be
found in EPA’s 2017 NEI.2
2. Stationary Non-Point Sources
Stationary non-point sources
represent a large and diverse set of
2 The Technical Support Document for the Base
Year Inventory Submitted with the 2015 8-Hour
Ozone NAAQS Marginal Area State Implementation
Plan for the Philadelphia Area, included in the
docket for this rulemaking available online at
https://www.regulations.gov, Docket ID: EPA–R03–
OAR–2021–0854.
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individual emission source categories.
These sources collectively represent
individual sources of emissions that
have not been inventoried as either
specific stationary point or mobile
sources, and are typically too small,
numerous, or difficult to inventory
using the methods for the other classes
of sources.
Stationary non-point sources that
DNREC evaluated for the 2017 New
Castle County BYE include solvent use
(e.g., dry cleaners, auto refinishing),
gasoline usage and distribution (e.g.,
tank truck unloading and auto
refueling), fuel combustion (e.g.,
combustion of fuels in industrial,
commercial, institutional, and
residential furnaces, engines, boilers,
wood stoves, and fireplaces), and open
burning (e.g., rash burning, prescribed
burning, burning of land clearing debris,
wildfires, building fires, and vehicle
fires). Section 3.2 of the New Castle
County BYE sets out the methodologies
DNREC used to estimate emissions for
each of these non-point source
categories. These methods are consistent
with the most recent EPA emission
inventory guidance.
3. Non-Road Mobile Sources
Non-road mobile sources represent a
large and diverse set of off-road vehicles
and non-stationary equipment. As per
40 CFR 51.50, a non-road engine is an
internal combustion engine (including
the fuel system) that is not used in an
on-road motor vehicle or a vehicle used
solely for competition, or that is not
affected by sections 111 or 202 of the
CAA. Also defined by 40 CFR 51.50, a
non-road vehicle (rather than engine) is
a vehicle that is run by a non-road
engine and that is not an on-road motor
vehicle or a vehicle used solely for
competition. Examples of non-road
mobile sources include aircraft, airport
ground support equipment, agricultural
and construction equipment powered by
an internal combustion engine,
commercial marine vessels,
locomotives, and lawn and garden
engines and equipment.
As explained in Section 4 of the New
Castle County BYE, consistent with
EPA’s Emission Inventory Guidance for
Implementation of Ozone and
Particulate Matter NAAQS and Regional
Haze Regulations, DNREC used EPA’s
Motor Vehicle Emission Simulator
(MOVES) 2014b model to develop the
inventory for non-road mobile sources.
MOVES2014 and later calculates
emissions from both onroad and nonroad mobile sources and covers nonroad sources across 12 broad economic
sectors (e.g., construction, agriculture,
industrial, lawn & garden, etc.)
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classified by horsepower rating, engine
type (e.g., compression ignition, spark
ignition) and displacement, and fuel
type (e.g., gasoline, diesel, compressed
natural gas (CNG), and liquefied
petroleum gas (LPG)).
Section 4 of the New Castle County
BYE also includes aircraft, railroad
locomotive, and commercial marine
vessel emissions. DNREC calculated
emissions from these sources by
collecting data directly from surveyed
sources, or activity from state and
federal reporting agencies. To estimate
emissions for aircraft, DNREC used
airport activity statistics from the
Federal Aviation Administration (FAA),
landing and takeoff cycle information
from the Delaware Department of
Transportation (DelDOT), and survey
information for landing and takeoffs,
engine type, location, and usage data
from airports within New Castle County.
Railroad emission estimates were
developed using activity and fuel
consumption estimates collected from
the rail companies within the state,
including the Maryland & Delaware
(MDDE) Railroad, Delaware Coast Line
Railroad, Delmarva Central Railroad,
Eastern Penn Railroad, and Wilmington
and Western. For commercial marine
vessels, DNREC calculated emissions for
ocean-going vessels, towboats, tug-assist
vessels, ferries, and vessels associated
with dredging operations. Emissions
were calculated based on mode of
operation, vessel type, tonnage, and
engine type; DNREC developed county
emission allocation factors based on the
location of the activity on various
waterways and length of the waterway
segment. These methods of calculating
emissions are consistent with the most
recent EPA emission inventory
guidance.3
4. On-Road Mobile Sources
On-road mobile sources are also
called ‘‘highway mobile sources.’’ These
sources are the motor vehicles (e.g.,
automobiles, buses, trucks) traveling on
local and highway roads. On-road
mobile source emission estimates
should utilize the latest recommended
on-road mobile source models;
currently, that means the EPA’s MOVES
model for all states except California.
The MOVES model estimates emissions
from vehicle exhaust and from mobile
source evaporative emissions, both of
which must be included in the
inventory. Volatile hydrocarbons
evaporate from fuel systems while a
vehicle is refueling, parked, or driving.
Evaporative processes differ from
exhaust emissions because they don’t
directly involve combustion, which is
the main process driving exhaust
emissions.
As stated in Section 5 of the New
Castle County BYE, DNREC used EPA’s
MOVES2014b model to estimate 2017
annual emissions and 2017 SSWD daily
emissions from on-road sources in New
Castle County. Emissions were
estimated based on emission factors and
vehicle activity. Emission factors for
vehicles were based on vehicle type
(e.g., passenger cars, passenger trucks),
vehicle age, and the vehicle’s operating
modes. Operating modes for running,
start, and idle emissions are included in
MOVES. The emission factors varied
over a range of conditions, including
ambient air temperature, speed, traffic
conditions, road types, road topography,
etc. The generated emission factors were
then multiplied by the appropriate
vehicle miles traveled (VMT) to estimate
emissions. To estimate the rate at which
emissions are being generated and to
calculate VMT, DNREC examined its
road network, vehicle fleet, and traffic
data to estimate vehicle activity. DNREC
used computer models to perform
emissions calculations by simulating the
travel of vehicles on Delaware’s
roadway system.
EPA has reviewed the results,
procedures, and methodologies for the
SIP base year, as well as comparing the
inventory with previously QA/QC’d
data in EPA’s 2017 NEI for any data
discrepancies and found none. EPA has
therefore determined that the base year
inventory to be acceptable and
developed in accordance with EPA’s
technical guidance.
5. Emissions Summary
The New Castle County BYE contains
a summary of 2017 annual and ozone
SSWD daily emissions by source sector,
which is presented in Table 1 in this
document.
TABLE 1—2017 NEW CASTLE COUNTY BASE YEAR EMISSION INVENTORY SUMMARY
Annual
(tons per year)
Source category
VOC
CO
VOC
NOX
CO
Stationary Point ................................................................
Stationary Non-Point ........................................................
Non-Road Mobile .............................................................
On-Road Mobile ...............................................................
747
3,387
2,245
2,213
2,504
1,444
3,152
5,184
1,766
3,527
23,844
28,807
3.11
10.63
7.68
6.23
14.53
2.76
9.27
15.70
10.42
6.76
92.89
87.23
Total ..........................................................................
8,592
12,284
57,944
27.65
42.26
197.30
III. Proposed Action
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NOX
SSWD
(tons per day)
EPA’s review of this material
indicates the New Castle County base
year inventory SIP meets the base year
inventory requirement for the 2015
ozone NAAQS for Delaware’s portion of
the Philadelphia Area that is designated
nonattainment, which consists of New
Castle County, Delaware. Therefore,
EPA is proposing to approve the New
Castle County base year inventory SIP,
3 Emission Inventory Guidance for
Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
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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:
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–2021–0854.
which was submitted on October 9,
2020. EPA is soliciting public comments
on the issues discussed in this
document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
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• 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);
• 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
Delaware’s base year inventory SIP for
the 2015 ozone NAAQS, does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
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Dated: January 3, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
[FR Doc. 2022–00248 Filed 1–20–22; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 220113–0013]
RIN 0648–BK97
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Russian River Estuary
Management Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS has received a request
from the Sonoma County Water Agency
(SCWA) for authorization to take marine
mammals incidental to Russian River
estuary management activities in
Sonoma County, California, over the
course of five years (2022–2027). As
required by the Marine Mammal
Protection Act (MMPA), NMFS is
proposing regulations to govern that
take and requests comments on the
proposed regulations.
DATES: Comments and information must
be received no later than February 22,
2022.
ADDRESSES: Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to www.regulations.gov and
enter NOAA–NMFS–2021–0124 in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
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). Attachments to
SUMMARY:
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Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of SCWA’s application and
any supporting documents, as well as a
list of the references cited in this
document, may be obtained online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above (see FOR FURTHER
INFORMATION CONTACT).
Purpose and Need for Regulatory
Action
We received an application from
SCWA requesting 5-year regulations and
authorization to take multiple species of
marine mammals. This proposed rule
would establish a framework under the
authority of the MMPA (16 U.S.C. 1361
et seq.) to allow for the authorization of
take by Level B harassment of marine
mammals incidental to SCWA’s estuary
management activities at the mouth of
the Russian River in Sonoma County,
CA. Please see ‘‘Background’’ below for
definitions of harassment.
Legal Authority for the Proposed Action
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1371(a)(5)(A)) directs the
Secretary of Commerce to allow, upon
request, the incidental, but not
intentional taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region for up to five years
if, after notice and public comment, the
agency makes certain findings and
issues regulations that set forth
permissible methods of taking pursuant
to that activity and other means of
effecting the ‘‘least practicable adverse
impact’’ on the affected species or
stocks and their habitat (see the
discussion below in the Proposed
Mitigation section), as well as
monitoring and reporting requirements.
Section 101(a)(5)(A) of the MMPA and
the implementing regulations at 50 CFR
part 216, subpart I provide the legal
basis for issuing this proposed rule
containing five-year regulations, and for
any subsequent LOAs. As directed by
this legal authority, this proposed rule
contains mitigation, monitoring, and
reporting requirements.
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[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Proposed Rules]
[Pages 3259-3262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00248]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0854; FRL-9381-01-R3]
Air Plan Approval; Delaware; Philadelphia Area 2017 Base Year
Inventory for the Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision formally submitted
by the State of Delaware. This revision consists of the base year
inventory for the Delaware portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE marginal nonattainment area (Philadelphia
Area) for the 2015 ozone national ambient air quality standards
(NAAQS). This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before February 22,
2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0854 at 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 October 9, 2020, the Delaware Department
of Natural Resources and Environmental Control (DNREC) on behalf of the
State of Delaware, submitted a revision to the Delaware SIP entitled,
``2017 Base Year Emissions Inventory State Implementation Plan for VOC,
NOX, and CO for Areas of Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.'' New Castle County comprises Delaware's
portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 2015
ozone NAAQS nonattainment area. This SIP revision, referred to in this
rulemaking action as the ``New Castle County base year inventory SIP,''
addresses Delaware's base year inventory requirement for the 2015 ozone
NAAQS.
I. Background
On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 ppm parts per million (ppm)
to 0.070 ppm. See 80 FR 65292 (October 26, 2015). Effective August 3,
2018, EPA designated the Philadelphia Area, which consists of New
Castle County in Delaware and counties in Maryland, New Jersey, and
Pennsylvania, as marginal nonattainment for the 2015 ozone NAAQS. See
83 FR 25776 (June 4, 2018). CAA section 182(a)(1) requires ozone
nonattainment areas classified as marginal or above to submit a
comprehensive, accurate, current inventory of actual emissions from all
emissions sources in the nonattainment area, known as a ``base year
inventory.'' The New Castle County base year inventory SIP addresses a
base year inventory requirement for the Philadelphia Area.
II. Summary of SIP Revision and EPA Analysis
A. EPA Evaluation of the New Castle County Base Year Inventory SIP
EPA's review of Delaware's base year inventory SIP indicates that
it meets the base year inventory requirements for the 2015 ozone NAAQS.
As required by 40 CFR 51.1315(a), DNREC selected 2017 for the base year
inventory, which is consistent with the baseline year for the RFP
because it is the year of the most recent triennial inventory. DNREC
included actual ozone season emissions, pursuant to 40 CFR 51.1315(c).
EPA prepared a Technical Support Document (TSD) in support of this
rulemaking. In that TSD, EPA reviewed the results, procedures, and
methodologies for the SIP base year, and found them to be acceptable
and developed in accordance with EPA's technical guidance. The TSD is
available online at https://www.regulations.gov, Docket ID No. EPA-R03-
OAR-2021-0854.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 (83 FR 62998) rulemaking,
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements,''
known as the ``SIP Requirements Rule,'' EPA set out nonattainment area
requirements for the 2015 ozone NAAQS. SIP Requirements Rule
established base year inventory requirement, which were codified at 40
CFR 51.1315. As per 40 CFR 51.1315(a), each 2015 ozone nonattainment
area is required to submit a base year inventory within 2 years of
designation (i.e., no later than August 3, 2020).
Also, 40 CFR 51.1315(a) requires that the inventory year be
selected consistent with the baseline year for the reasonable further
progress (RFP) plan as required by 40 CFR 51.1310(b), which states that
the baseline emissions inventory shall be the emissions inventory for
the most recent calendar year for which a complete triennial inventory
is required to be submitted to the EPA under the provisions of subpart
A of 40 CFR part 51, Air Emissions Reporting Requirements, 40 CFR 51.1
through 51.50. The most recent triennial inventory year conducted for
the National Emissions Inventory (NEI) pursuant to the Air Emissions
Reporting Requirements (AERR) rule is 2017. See
[[Page 3260]]
73 FR 76539 (December 17, 2008). Delaware selected 2017 as their
baseline emissions inventory year for RFP. This selection comports with
EPA's implementation regulations for the 2015 ozone NAAQS because 2017
is the inventory year. 40 CFR 51.1310(b).\1\
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\1\ On January 29, 2021, the Court of Appeals for the D.C.
Circuit issued its decision regarding multiple challenges to EPA's
implementation rule for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing states to use an
alternative baseline year for RFP. Sierra Club v. EPA, 985 F.3d 1055
(D.C. Cir. 2021). The other provisions of EPA's ozone implantation
rule at issue in the case are not relevant for this rulemaking.
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Furthermore, 40 CFR 51.1315(c) requires emissions values included
in the base year inventory to be actual ozone season day emissions as
defined by 40 CFR 51.1300(q), which states that ozone season day
emissions means an average day's emissions for a typical ozone season
work weekday. The state shall select, subject to EPA approval, the
particular month(s) in the ozone season and the day(s) in the work week
to be represented, considering the conditions assumed in the
development of RFP plans and/or emissions budgets for transportation
conformity.
C. New Castle County Base Year Inventory SIP
The New Castle County base year inventory SIP contains an
explanation of DNREC's 2017 base year emissions inventory for New
Castle County (2017 New Castle County BYE) for point, non-point, and
mobile anthropogenic sources within New Castle County. DNREC estimated
anthropogenic emissions for nitrogen oxide (NOX), volatile
organic compound (VOC), and carbon monoxide (CO) for annual and Summer
Season Weekday (SSWD) daily emissions. The 2017 New Castle County BYE
contains the following source categories of anthropogenic emissions
sources: Stationary point, stationary non-point, mobile non-road, and
mobile on-road sources, with an explanation of the methodologies used
to derive emissions summaries for each source category contained within
each respective section.
1. Stationary Point Sources
Point sources are larger sources that are located at a fixed,
stationary location. As defined by the AERR in 40 CFR 51.50, point
sources are large, stationary (non-mobile), identifiable sources of
emissions that release pollutants into the atmosphere. A point source
is a facility that is a major source under 40 CFR part 70 for one or
more of the pollutants for which reporting is required by 40 CFR
51.15(a)(1). These point sources can be associated with a single point
or group of points in space. Examples of point source emissions
categories include power plants, industrial boilers, petroleum
refineries, cement plants, and other industrial plants.
As stated in Section 2 of the 2017 New Castle County BYE, point
sources included large industrial (e.g., manufacturing), commercial,
and institutional facilities (e.g., hospitals, universities, prisons,
military bases, landfills, and wastewater treatment plants) within New
Castle County that held either a Title V permit or a Synthetic Minor
permit in 2017. DNREC explains that it used several methods of source
identification. DNREC's primary data source is its permitting program,
and DNREC's compliance program identifies other point sources though
facility inspections and investigations. In addition, facilities are
required by Delaware's emissions statement regulations, facilities are
required by Delaware's emissions statement regulations, Delaware
Administrative Code (DAC) 7 DE Admin. Code 1117 Source Monitoring,
Record Keeping and Reporting, to certify the air emissions for the past
calendar year. The certified emissions are used for inventory and
planning purposes. The certified emissions are used for inventory and
planning purposes.
DNREC's Division of Air Quality (DAQ) developed the point source
data for the 2017 base year inventory. The point source inventory
contains emissions for electric generating units (EGUs) and Non-EGU
sources in the nonattainment area. EPA guidance for emissions inventory
development provides that ozone season day emissions are used for the
base year inventory for the nonattainment area. DAQ developed their
2017 inventory by using emissions directly reported to the agency by
facilities as required by Delaware air quality regulations. These
emissions are also reported to EPA, and after going through EPA's
quality assurance (QA) and quality control (QC) process, are included
in EPA's National Emissions Inventory (NEI). The emissions for this
base year can be found in EPA's 2017 NEI.\2\
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\2\ The Technical Support Document for the Base Year Inventory
Submitted with the 2015 8-Hour Ozone NAAQS Marginal Area State
Implementation Plan for the Philadelphia Area, included in the
docket for this rulemaking available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2021-0854.
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2. Stationary Non-Point Sources
Stationary non-point sources represent a large and diverse set of
individual emission source categories. These sources collectively
represent individual sources of emissions that have not been
inventoried as either specific stationary point or mobile sources, and
are typically too small, numerous, or difficult to inventory using the
methods for the other classes of sources.
Stationary non-point sources that DNREC evaluated for the 2017 New
Castle County BYE include solvent use (e.g., dry cleaners, auto
refinishing), gasoline usage and distribution (e.g., tank truck
unloading and auto refueling), fuel combustion (e.g., combustion of
fuels in industrial, commercial, institutional, and residential
furnaces, engines, boilers, wood stoves, and fireplaces), and open
burning (e.g., rash burning, prescribed burning, burning of land
clearing debris, wildfires, building fires, and vehicle fires). Section
3.2 of the New Castle County BYE sets out the methodologies DNREC used
to estimate emissions for each of these non-point source categories.
These methods are consistent with the most recent EPA emission
inventory guidance.
3. Non-Road Mobile Sources
Non-road mobile sources represent a large and diverse set of off-
road vehicles and non-stationary equipment. As per 40 CFR 51.50, a non-
road engine is an internal combustion engine (including the fuel
system) that is not used in an on-road motor vehicle or a vehicle used
solely for competition, or that is not affected by sections 111 or 202
of the CAA. Also defined by 40 CFR 51.50, a non-road vehicle (rather
than engine) is a vehicle that is run by a non-road engine and that is
not an on-road motor vehicle or a vehicle used solely for competition.
Examples of non-road mobile sources include aircraft, airport ground
support equipment, agricultural and construction equipment powered by
an internal combustion engine, commercial marine vessels, locomotives,
and lawn and garden engines and equipment.
As explained in Section 4 of the New Castle County BYE, consistent
with EPA's Emission Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations, DNREC used
EPA's Motor Vehicle Emission Simulator (MOVES) 2014b model to develop
the inventory for non-road mobile sources. MOVES2014 and later
calculates emissions from both onroad and non-road mobile sources and
covers non-road sources across 12 broad economic sectors (e.g.,
construction, agriculture, industrial, lawn & garden, etc.)
[[Page 3261]]
classified by horsepower rating, engine type (e.g., compression
ignition, spark ignition) and displacement, and fuel type (e.g.,
gasoline, diesel, compressed natural gas (CNG), and liquefied petroleum
gas (LPG)).
Section 4 of the New Castle County BYE also includes aircraft,
railroad locomotive, and commercial marine vessel emissions. DNREC
calculated emissions from these sources by collecting data directly
from surveyed sources, or activity from state and federal reporting
agencies. To estimate emissions for aircraft, DNREC used airport
activity statistics from the Federal Aviation Administration (FAA),
landing and takeoff cycle information from the Delaware Department of
Transportation (DelDOT), and survey information for landing and
takeoffs, engine type, location, and usage data from airports within
New Castle County. Railroad emission estimates were developed using
activity and fuel consumption estimates collected from the rail
companies within the state, including the Maryland & Delaware (MDDE)
Railroad, Delaware Coast Line Railroad, Delmarva Central Railroad,
Eastern Penn Railroad, and Wilmington and Western. For commercial
marine vessels, DNREC calculated emissions for ocean-going vessels,
towboats, tug-assist vessels, ferries, and vessels associated with
dredging operations. Emissions were calculated based on mode of
operation, vessel type, tonnage, and engine type; DNREC developed
county emission allocation factors based on the location of the
activity on various waterways and length of the waterway segment. These
methods of calculating emissions are consistent with the most recent
EPA emission inventory guidance.\3\
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\3\ Emission Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, Page 130, included in the docket for
this rulemaking available online at https://www.regulations.gov,
Docket ID: EPA-R03-OAR-2021-0854.
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4. On-Road Mobile Sources
On-road mobile sources are also called ``highway mobile sources.''
These sources are the motor vehicles (e.g., automobiles, buses, trucks)
traveling on local and highway roads. On-road mobile source emission
estimates should utilize the latest recommended on-road mobile source
models; currently, that means the EPA's MOVES model for all states
except California. The MOVES model estimates emissions from vehicle
exhaust and from mobile source evaporative emissions, both of which
must be included in the inventory. Volatile hydrocarbons evaporate from
fuel systems while a vehicle is refueling, parked, or driving.
Evaporative processes differ from exhaust emissions because they don't
directly involve combustion, which is the main process driving exhaust
emissions.
As stated in Section 5 of the New Castle County BYE, DNREC used
EPA's MOVES2014b model to estimate 2017 annual emissions and 2017 SSWD
daily emissions from on-road sources in New Castle County. Emissions
were estimated based on emission factors and vehicle activity. Emission
factors for vehicles were based on vehicle type (e.g., passenger cars,
passenger trucks), vehicle age, and the vehicle's operating modes.
Operating modes for running, start, and idle emissions are included in
MOVES. The emission factors varied over a range of conditions,
including ambient air temperature, speed, traffic conditions, road
types, road topography, etc. The generated emission factors were then
multiplied by the appropriate vehicle miles traveled (VMT) to estimate
emissions. To estimate the rate at which emissions are being generated
and to calculate VMT, DNREC examined its road network, vehicle fleet,
and traffic data to estimate vehicle activity. DNREC used computer
models to perform emissions calculations by simulating the travel of
vehicles on Delaware's roadway system.
EPA has reviewed the results, procedures, and methodologies for the
SIP base year, as well as comparing the inventory with previously QA/
QC'd data in EPA's 2017 NEI for any data discrepancies and found none.
EPA has therefore determined that the base year inventory to be
acceptable and developed in accordance with EPA's technical guidance.
5. Emissions Summary
The New Castle County BYE contains a summary of 2017 annual and
ozone SSWD daily emissions by source sector, which is presented in
Table 1 in this document.
Table 1--2017 New Castle County Base Year Emission Inventory Summary
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Annual (tons per year) SSWD (tons per day)
Source category -----------------------------------------------------------------------------
VOC NOX CO VOC NOX CO
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Stationary Point.................. 747 2,504 1,766 3.11 14.53 10.42
Stationary Non-Point.............. 3,387 1,444 3,527 10.63 2.76 6.76
Non-Road Mobile................... 2,245 3,152 23,844 7.68 9.27 92.89
On-Road Mobile.................... 2,213 5,184 28,807 6.23 15.70 87.23
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Total......................... 8,592 12,284 57,944 27.65 42.26 197.30
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III. Proposed Action
EPA's review of this material indicates the New Castle County base
year inventory SIP meets the base year inventory requirement for the
2015 ozone NAAQS for Delaware's portion of the Philadelphia Area that
is designated nonattainment, which consists of New Castle County,
Delaware. Therefore, EPA is proposing to approve the New Castle County
base year inventory SIP, which was submitted on October 9, 2020. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
[[Page 3262]]
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);
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
Delaware's base year inventory SIP for the 2015 ozone NAAQS, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the SIP is not approved to apply in
Indian country located in the State, and EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 3, 2022.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2022-00248 Filed 1-20-22; 8:45 am]
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