[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 http://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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