80_FR_12650 80 FR 12604 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area

80 FR 12604 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone National Ambient Air Quality Standard Maintenance Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 46 (March 10, 2015)

Page Range12604-12607
FR Document2015-05434

The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions consist of an update to the motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) for the 1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) maintenance SIP for the Scranton/Wilkes-Barre 1997 8- Hour Ozone NAAQS Maintenance Area (Scranton/Wilkes-Barre Maintenance Area or Area). These SIP revisions also include general conformity budgets for the construction of the Bell Bend Nuclear Power Plant. In addition, these SIP revisions include updated point and area source inventories for NO<INF>X</INF>. This rulemaking action proposes to approve the general conformity budgets, the updated MVEBs, and updates to the point and area source inventories, and thereby make them available for transportation conformity purposes, in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 46 (Tuesday, March 10, 2015)
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Proposed Rules]
[Pages 12604-12607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05434]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / 
Proposed Rules

[[Page 12604]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0652; FRL 9924-19-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Update of the Motor Vehicle Emissions Budgets and General 
Conformity Budgets for the Scranton/Wilkes-Barre 1997 8-Hour Ozone 
National Ambient Air Quality Standard Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
Commonwealth of Pennsylvania. These revisions consist of an update to 
the motor vehicle emissions budgets (MVEBs) for nitrogen oxides 
(NOX) for the 1997 8-Hour Ozone National Ambient Air Quality 
Standard (NAAQS) maintenance SIP for the Scranton/Wilkes-Barre 1997 8-
Hour Ozone NAAQS Maintenance Area (Scranton/Wilkes-Barre Maintenance 
Area or Area). These SIP revisions also include general conformity 
budgets for the construction of the Bell Bend Nuclear Power Plant. In 
addition, these SIP revisions include updated point and area source 
inventories for NOX. This rulemaking action proposes to 
approve the general conformity budgets, the updated MVEBs, and updates 
to the point and area source inventories, and thereby make them 
available for transportation conformity purposes, in accordance with 
the requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0652 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0652, Marilyn Powers, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0652. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On May 28, 2014, Pennsylvania submitted formal revisions to its 
SIP. The SIP revisions consist of updated MVEBs for NOX for 
the 1997 8-Hour Ozone NAAQS, general conformity budgets for the 
construction of the Bell Bend Nuclear Power Plant, and updated point 
and area source inventories for NOX.
    On July 18, 1997 (62 FR 38856), EPA established the 1997 8-Hour 
Ozone NAAQS. On April 30, 2004 (69 FR 23858), Lackawanna, Luzerne, 
Wyoming, and Monroe Counties were designated as nonattainment for the 
1997 8-Hour Ozone NAAQS as a part of the Scranton/Wilkes-Barre 
Nonattainment Area. On June 12, 2007, the Pennsylvania Department of 
Environmental Protection (PADEP) submitted a SIP revision which 
consisted of a maintenance plan, a 2002 base year inventory, and MVEBs 
for transportation conformity purposes. On November 19, 2007 (72 FR 
64948), EPA approved the SIP revision as well as the redesignation 
request made by PADEP; therefore, the Scranton/Wilkes-Barre 
Nonattainment Area was redesignated to a maintenance area.
    The current SIP-approved MVEBs for the Scranton/Wilkes-Barre 
Maintenance Area were developed using the Highway Mobile Source 
Emission Factor Model (MOBILE6.2). On March 2, 2010 (75 FR 9411), EPA 
published a notice of availability for the Motor Vehicle

[[Page 12605]]

Emissions Simulator (MOVES2010) model for use in developing MVEBs for 
SIPs and for conducting transportation conformity analyses. EPA 
commenced a two year grace period after which time the MOVES2010 model 
would have to be used for transportation conformity purposes. The two 
year grace period was scheduled to end on March 2, 2012. On February 
27, 2012 (77 FR 11394), EPA published a final rule extending the grace 
period for one more year to March 2, 2013 to ensure adequate time for 
affected parties to have the capacity to use the MOVES model to develop 
or update the applicable MVEBs in SIPs and to conduct conformity 
analyses. On September 8, 2010, EPA released MOVES2010a, which is a 
minor update to MOVES2010 and which is used by Pennsylvania in this SIP 
revision.

II. Summary of SIP Revision and EPA Analysis

    These SIP revisions include an update to the MVEBs for 
NOX for the years 2009 (interim year) and 2018 (maintenance 
year) that were produced using the MOVES2010a model. These SIP 
revisions also include an update to the point and area source 
inventories for NOX. The MVEBs, as well as the point and 
area source inventories, were not updated for volatile organic 
compounds (VOCs); therefore certain VOC data in the tables below is 
listed as not applicable (N/A). A comparison between the previous point 
source inventory and the updated point source inventory is provided in 
tons per summer day (tpsd) in Table 1. A comparison between the 
previous area source inventory and the updated area source inventory is 
provided for year 2018 because only that year was updated and is 
provided in Table 2. The previously approved MVEBs from the approved 
maintenance plan for the Area were produced using the Mobile Source 
Emission Factor Model (MOBILE6.2). A summary of the updated MOVES-based 
emissions and previously approved MOBILE6.2-based emissions for the 
years 2004, 2009, and 2018 is provided in Table 3. Even though there is 
an emissions increase in the MOVES-based MVEBs, the increase is not due 
to an increase in emissions from mobile sources. The increase is due to 
the fact that the MOVES model provides more accurate emissions 
estimates than MOBILE6.2 and not due to any growth that had not been 
anticipated in the approved maintenance plan. Also, part of the update 
of the MVEBs is the addition of a 2 tpsd safety margin for 
NOX. The MVEBs that will be utilized for transportation 
conformity purposes and that include the safety margins are presented 
in Table 4. These safety margins were added because emissions in the 
interim (2009) and maintenance (2018) years are significantly less than 
the attainment (2004) year emissions, which is the year that the 
Scranton/Wilkes-Barre Maintenance Area attained the standard. 
Additionally, Table 5 presents the portion of the MVEBs allotted to 
each metropolitan planning organization (MPO) and regional planning 
organization (RPO). In the case of the Scranton/Wilkes-Barre 
Maintenance Area, there are three MPOs/RPOs involved in transportation 
planning for the counties that are a part of the maintenance area. The 
Scranton/Wilkes-Barre MPO serves Lackawanna and Luzerne Counties; the 
Northeastern Pennsylvania Alliance (NEPA) MPO serves Monroe County; and 
the Northern Tier RPO serves Wyoming County.
    In addition to the updated inventories and MVEBs, the SIP revisions 
also provide general conformity budgets for NOX. These 
budgets are established for the construction of the Bell Bend Nuclear 
Power Plant. Under the general conformity rule, found at 40 CFR 
93.153(b)(2), an ozone maintenance area must provide a conformity 
determination for NOX or VOCs when a de minimus threshold of 
100 tons per year (tpy) of NOX or 50 tpy of VOCs is 
projected to be exceeded. The projections provided in this SIP revision 
do not exceed the de minimus VOC threshold but do exceed the de minimus 
NOX threshold. The estimated NOX emissions 
projected from the construction of the facility are 167.7 tpy. To 
accommodate this, the SIP revision adds a 1.0 tpsd NOX 
emissions budget to the 2009 and 2018 emissions inventories in the 
maintenance plan for the Scranton/Wilkes-Barre Maintenance Area, which 
will more than cover the expected annual emissions of 167.7 tpy. With 
the addition of the general conformity budgets, the Area's 2009 and 
2018 emissions are still less than the attainment year emissions; 
therefore Pennsylvania asserts and EPA finds that the construction of 
the Bell Bend Nuclear Power Plant conforms to the Scranton/Wilkes-Barre 
Maintenance Area's approved maintenance plan. Table 6 provides the 
general conformity budgets that EPA is proposing for approval. Table 7 
presents the emission inventory totals which include the general 
conformity budgets and the safety margins. The calculations presented 
in Table 7 show that with the addition of safety margins and general 
conformity budgets the 2009 and 2018 emissions are still well below the 
attainment year (2004) emissions. A detailed summary of EPA's review 
and rationale for proposing to approve these SIP revisions as in 
accordance with CAA requirements may be found in the Technical Support 
Documents (TSDs) prepared in support of this proposed rulemaking action 
and are available on line at http://www.regulations.gov, Docket number 
EPA-R03-OAR-2014-0652.

        Table 1--Summary of Point Source Inventory in tpsd for the Scranton/Wilkes-Barre Maintenance Area
----------------------------------------------------------------------------------------------------------------
                                                                          Current                 Updated
                              Year                               -----------------------------------------------
                                                                     2009        2018        2009        2018
----------------------------------------------------------------------------------------------------------------
NOX.............................................................        9.4        10.5         7.7         5.8
----------------------------------------------------------------------------------------------------------------


   Table 2--Summary of Area Source Inventory in tpsd for the Scranton/
                      Wilkes-Barre Maintenance Area
------------------------------------------------------------------------
                                      Current              Updated
             Year              -----------------------------------------
                                        2018                 2018
------------------------------------------------------------------------
NOX...........................                 4.4                  7.5
------------------------------------------------------------------------


[[Page 12606]]


       Table 3--Summary of Motor Vehicle Emissions in tpsd for the Scranton/Wilkes-Barre Maintenance Area
----------------------------------------------------------------------------------------------------------------
                     Model                                 MOBILE6.2                        MOVES2010a
----------------------------------------------------------------------------------------------------------------
                     Year                          2004       2009       2018       2004       2009       2018
----------------------------------------------------------------------------------------------------------------
VOCs..........................................       31.6       23.3       14.3        N/A        N/A        N/A
NOX...........................................       66.1       46.9       21.6       77.0       57.3       28.5
----------------------------------------------------------------------------------------------------------------


Table 4--Revised MVEBs in tpsd for the Scranton/Wilkes-Barre Maintenance
                                  Area
------------------------------------------------------------------------
              Year                       2009                2018
------------------------------------------------------------------------
VOCs............................                 N/A                 N/A
NOX.............................                59.3                30.5
------------------------------------------------------------------------


               Table 5--MVEBs for Each MPO in tpsd for the Scranton/Wilkes-Barre Maintenance Area
----------------------------------------------------------------------------------------------------------------
                MPO                   Scranton/Wilkes-Barre           NEPA MPO              Northern Tier RPO
-----------------------------------            MPO           ---------------------------------------------------
                                   --------------------------
               Year                     2009         2018         2009         2018         2009         2018
----------------------------------------------------------------------------------------------------------------
VOCs..............................        17.99        11.80         6.19         4.64         0.99         0.54
NOX...............................        42.67        21.90        14.10         7.10         2.50         1.60
----------------------------------------------------------------------------------------------------------------


  Table 6--General Conformity Budgets for the Construction of the Bell
                    Bend Nuclear Power Plant in tpsd
------------------------------------------------------------------------
                                                Emissions
             Year              -----------------------------------------
                                        2009                 2018
------------------------------------------------------------------------
NOX...........................                 1.0                  1.0
------------------------------------------------------------------------


 Table 7--Comparison of 2004, 2009, and 2018 Emissions After Reserving the Safety Margins and General Conformity
                                                     Budgets
----------------------------------------------------------------------------------------------------------------
              Year                     2004            2009          2004-2009         2018          2004-2018
----------------------------------------------------------------------------------------------------------------
Total Emissions.................            98.9            80.1            18.8            49.5            49.4
Emissions with addition of                  98.9            83.1            15.8            52.5            46.4
 Safety Margins and General
 Conformity Budgets.............
----------------------------------------------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve Pennsylvania's SIP revision submittal 
from May 28, 2014 to update the MVEBs for the Scranton/Wilkes-Barre 
Maintenance Area to reflect the use of the MOVES model. EPA is also 
proposing to approve the updates to the point and area source 
inventories. Additionally, EPA is proposing approval of the general 
conformity budgets for the construction of the Bell Bend Nuclear Power 
Plant. EPA is approving these SIP revisions because it will allow the 
Scranton/Wilkes-Barre Maintenance Area to continue to maintain the 1997 
8-Hour Ozone NAAQS. Our in depth review of the SIP revisions leads EPA 
to conclude that the updated MVEBs meet the adequacy requirements set 
forth in 40 CFR 93.118(e)(4)(i)-(vi), and that the updated MVEBs have 
been correctly calculated to reflect the use of the MOVES model as 
explained in our TSDs. EPA also concludes that the general conformity 
budgets meet all requirements of the general conformity rule found at 
40 CFR part 93, subpart B as explained in our TSDs. 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 Act 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 Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive

[[Page 12607]]

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 rule, pertaining to the update of the 
MVEBs, point and area source inventories, as well as the general 
conformity budgets for the Scranton/Wilkes-Barre Maintenance Area, does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the SIP is not approved to apply 
in Indian country located in the state, and EPA notes that it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 20, 2015.
William C. Early,
 Acting Regional Administrator, Region III.
[FR Doc. 2015-05434 Filed 3-9-15; 08:45 am]
 BILLING CODE 6560-50-P



                                                    12604

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 80, No. 46

                                                                                                                                                                  Tuesday, March 10, 2015



                                                    This section of the FEDERAL REGISTER                       A. www.regulations.gov. Follow the                 information whose disclosure is
                                                    contains notices to the public of the proposed          on-line instructions for submitting                   restricted by statute. Certain other
                                                    issuance of rules and regulations. The                  comments.                                             material, such as copyrighted material,
                                                    purpose of these notices is to give interested             B. Email: powers.marilyn@epa.gov.                  is not placed on the Internet and will be
                                                    persons an opportunity to participate in the               C. Mail: EPA–R03–OAR–2014–0652,                    publicly available only in hard copy
                                                    rule making prior to the adoption of the final
                                                    rules.
                                                                                                            Marilyn Powers, Acting Associate                      form. Publicly available docket
                                                                                                            Director, Office of Air Program                       materials are available either
                                                                                                            Planning, Mailcode 3AP30, U.S.                        electronically in www.regulations.gov or
                                                    ENVIRONMENTAL PROTECTION                                Environmental Protection Agency,                      in hard copy during normal business
                                                    AGENCY                                                  Region III, 1650 Arch Street,                         hours at the Air Protection Division,
                                                                                                            Philadelphia, Pennsylvania 19103.                     U.S. Environmental Protection Agency,
                                                    40 CFR Part 52                                             D. Hand Delivery: At the previously-               Region III, 1650 Arch Street,
                                                    [EPA–R03–OAR–2014–0652; FRL 9924–19–
                                                                                                            listed EPA Region III address. Such                   Philadelphia, Pennsylvania 19103.
                                                    Region 3]                                               deliveries are only accepted during the               Copies of the State submittal are
                                                                                                            Docket’s normal hours of operation, and               available at the Pennsylvania
                                                    Approval and Promulgation of Air                        special arrangements should be made                   Department of Environmental
                                                    Quality Implementation Plans;                           for deliveries of boxed information.                  Protection, Bureau of Air Quality
                                                    Pennsylvania; Update of the Motor                          Instructions: Direct your comments to              Control, P.O. Box 8468, 400 Market
                                                    Vehicle Emissions Budgets and                           Docket ID No. EPA–R03–OAR–2014–                       Street, Harrisburg, Pennsylvania 17105.
                                                    General Conformity Budgets for the                      0652. EPA’s policy is that all comments               FOR FURTHER INFORMATION CONTACT:
                                                    Scranton/Wilkes-Barre 1997 8-Hour                       received will be included in the public               Asrah Khadr, (215) 814–2071, or by
                                                    Ozone National Ambient Air Quality                      docket without change, and may be                     email at khadr.asrah@epa.gov.
                                                    Standard Maintenance Area                               made available online at                              SUPPLEMENTARY INFORMATION:
                                                                                                            www.regulations.gov, including any
                                                    AGENCY:  Environmental Protection                       personal information provided, unless                 I. Background
                                                    Agency (EPA).                                           the comment includes information                         On May 28, 2014, Pennsylvania
                                                    ACTION: Proposed rule.                                  claimed to be Confidential Business                   submitted formal revisions to its SIP.
                                                                                                            Information (CBI) or other information                The SIP revisions consist of updated
                                                    SUMMARY:   The Environmental Protection                 whose disclosure is restricted by statute.            MVEBs for NOX for the 1997 8-Hour
                                                    Agency (EPA) is proposing to approve                    Do not submit information that you                    Ozone NAAQS, general conformity
                                                    State Implementation Plan (SIP)                         consider to be CBI or otherwise                       budgets for the construction of the Bell
                                                    revisions submitted by the                              protected through www.regulations.gov                 Bend Nuclear Power Plant, and updated
                                                    Commonwealth of Pennsylvania. These                     or email. The www.regulations.gov Web                 point and area source inventories for
                                                    revisions consist of an update to the                   site is an ‘‘anonymous access’’ system,               NOX.
                                                    motor vehicle emissions budgets                         which means EPA will not know your                       On July 18, 1997 (62 FR 38856), EPA
                                                    (MVEBs) for nitrogen oxides (NOX) for                   identity or contact information unless                established the 1997 8-Hour Ozone
                                                    the 1997 8-Hour Ozone National                          you provide it in the body of your                    NAAQS. On April 30, 2004 (69 FR
                                                    Ambient Air Quality Standard (NAAQS)                    comment. If you send an email                         23858), Lackawanna, Luzerne,
                                                    maintenance SIP for the Scranton/                       comment directly to EPA without going                 Wyoming, and Monroe Counties were
                                                    Wilkes-Barre 1997 8-Hour Ozone                          through www.regulations.gov, your                     designated as nonattainment for the
                                                    NAAQS Maintenance Area (Scranton/                       email address will be automatically                   1997 8-Hour Ozone NAAQS as a part of
                                                    Wilkes-Barre Maintenance Area or                        captured and included as part of the                  the Scranton/Wilkes-Barre
                                                    Area). These SIP revisions also include                 comment that is placed in the public                  Nonattainment Area. On June 12, 2007,
                                                    general conformity budgets for the                      docket and made available on the                      the Pennsylvania Department of
                                                    construction of the Bell Bend Nuclear                   Internet. If you submit an electronic                 Environmental Protection (PADEP)
                                                    Power Plant. In addition, these SIP                     comment, EPA recommends that you                      submitted a SIP revision which
                                                    revisions include updated point and                     include your name and other contact                   consisted of a maintenance plan, a 2002
                                                    area source inventories for NOX. This                   information in the body of your                       base year inventory, and MVEBs for
                                                    rulemaking action proposes to approve                   comment and with any disk or CD–ROM                   transportation conformity purposes. On
                                                    the general conformity budgets, the                     you submit. If EPA cannot read your                   November 19, 2007 (72 FR 64948), EPA
                                                    updated MVEBs, and updates to the                       comment due to technical difficulties                 approved the SIP revision as well as the
                                                    point and area source inventories, and                  and cannot contact you for clarification,             redesignation request made by PADEP;
                                                    thereby make them available for                         EPA may not be able to consider your                  therefore, the Scranton/Wilkes-Barre
                                                    transportation conformity purposes, in                  comment. Electronic files should avoid                Nonattainment Area was redesignated to
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    accordance with the requirements of the                 the use of special characters, any form               a maintenance area.
                                                    Clean Air Act (CAA).                                    of encryption, and be free of any defects                The current SIP-approved MVEBs for
                                                    DATES: Written comments must be                         or viruses.                                           the Scranton/Wilkes-Barre Maintenance
                                                    received on or before April 9, 2015.                       Docket: All documents in the                       Area were developed using the Highway
                                                    ADDRESSES: Submit your comments,                        electronic docket are listed in the                   Mobile Source Emission Factor Model
                                                    identified by Docket ID Number EPA–                     www.regulations.gov index. Although                   (MOBILE6.2). On March 2, 2010 (75 FR
                                                    R03–OAR–2014–0652 by one of the                         listed in the index, some information is              9411), EPA published a notice of
                                                    following methods:                                      not publicly available, i.e., CBI or other            availability for the Motor Vehicle


                                               VerDate Sep<11>2014   17:08 Mar 09, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\10MRP1.SGM   10MRP1


                                                                                      Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Proposed Rules                                                                                    12605

                                                    Emissions Simulator (MOVES2010)                                              summary of the updated MOVES-based                                           93.153(b)(2), an ozone maintenance area
                                                    model for use in developing MVEBs for                                        emissions and previously approved                                            must provide a conformity
                                                    SIPs and for conducting transportation                                       MOBILE6.2-based emissions for the                                            determination for NOX or VOCs when a
                                                    conformity analyses. EPA commenced a                                         years 2004, 2009, and 2018 is provided                                       de minimus threshold of 100 tons per
                                                    two year grace period after which time                                       in Table 3. Even though there is an                                          year (tpy) of NOX or 50 tpy of VOCs is
                                                    the MOVES2010 model would have to                                            emissions increase in the MOVES-based                                        projected to be exceeded. The
                                                    be used for transportation conformity                                        MVEBs, the increase is not due to an                                         projections provided in this SIP revision
                                                    purposes. The two year grace period                                          increase in emissions from mobile                                            do not exceed the de minimus VOC
                                                    was scheduled to end on March 2, 2012.                                       sources. The increase is due to the fact                                     threshold but do exceed the de minimus
                                                    On February 27, 2012 (77 FR 11394),                                          that the MOVES model provides more                                           NOX threshold. The estimated NOX
                                                    EPA published a final rule extending                                         accurate emissions estimates than                                            emissions projected from the
                                                    the grace period for one more year to                                        MOBILE6.2 and not due to any growth                                          construction of the facility are 167.7 tpy.
                                                    March 2, 2013 to ensure adequate time                                        that had not been anticipated in the                                         To accommodate this, the SIP revision
                                                    for affected parties to have the capacity                                    approved maintenance plan. Also, part                                        adds a 1.0 tpsd NOX emissions budget
                                                    to use the MOVES model to develop or                                         of the update of the MVEBs is the                                            to the 2009 and 2018 emissions
                                                    update the applicable MVEBs in SIPs                                          addition of a 2 tpsd safety margin for                                       inventories in the maintenance plan for
                                                    and to conduct conformity analyses. On                                       NOX. The MVEBs that will be utilized                                         the Scranton/Wilkes-Barre Maintenance
                                                    September 8, 2010, EPA released                                              for transportation conformity purposes                                       Area, which will more than cover the
                                                    MOVES2010a, which is a minor update                                          and that include the safety margins are                                      expected annual emissions of 167.7 tpy.
                                                    to MOVES2010 and which is used by                                            presented in Table 4. These safety                                           With the addition of the general
                                                    Pennsylvania in this SIP revision.                                           margins were added because emissions                                         conformity budgets, the Area’s 2009 and
                                                    II. Summary of SIP Revision and EPA                                          in the interim (2009) and maintenance                                        2018 emissions are still less than the
                                                    Analysis                                                                     (2018) years are significantly less than                                     attainment year emissions; therefore
                                                                                                                                 the attainment (2004) year emissions,                                        Pennsylvania asserts and EPA finds that
                                                       These SIP revisions include an update
                                                                                                                                 which is the year that the Scranton/                                         the construction of the Bell Bend
                                                    to the MVEBs for NOX for the years 2009
                                                                                                                                 Wilkes-Barre Maintenance Area attained                                       Nuclear Power Plant conforms to the
                                                    (interim year) and 2018 (maintenance
                                                                                                                                 the standard. Additionally, Table 5                                          Scranton/Wilkes-Barre Maintenance
                                                    year) that were produced using the
                                                                                                                                 presents the portion of the MVEBs                                            Area’s approved maintenance plan.
                                                    MOVES2010a model. These SIP
                                                                                                                                 allotted to each metropolitan planning                                       Table 6 provides the general conformity
                                                    revisions also include an update to the
                                                                                                                                 organization (MPO) and regional                                              budgets that EPA is proposing for
                                                    point and area source inventories for
                                                    NOX. The MVEBs, as well as the point                                         planning organization (RPO). In the case                                     approval. Table 7 presents the emission
                                                    and area source inventories, were not                                        of the Scranton/Wilkes-Barre                                                 inventory totals which include the
                                                    updated for volatile organic compounds                                       Maintenance Area, there are three                                            general conformity budgets and the
                                                    (VOCs); therefore certain VOC data in                                        MPOs/RPOs involved in transportation                                         safety margins. The calculations
                                                    the tables below is listed as not                                            planning for the counties that are a part                                    presented in Table 7 show that with the
                                                    applicable (N/A). A comparison                                               of the maintenance area. The Scranton/                                       addition of safety margins and general
                                                    between the previous point source                                            Wilkes-Barre MPO serves Lackawanna                                           conformity budgets the 2009 and 2018
                                                    inventory and the updated point source                                       and Luzerne Counties; the Northeastern                                       emissions are still well below the
                                                    inventory is provided in tons per                                            Pennsylvania Alliance (NEPA) MPO                                             attainment year (2004) emissions. A
                                                    summer day (tpsd) in Table 1. A                                              serves Monroe County; and the                                                detailed summary of EPA’s review and
                                                    comparison between the previous area                                         Northern Tier RPO serves Wyoming                                             rationale for proposing to approve these
                                                    source inventory and the updated area                                        County.                                                                      SIP revisions as in accordance with
                                                    source inventory is provided for year                                           In addition to the updated inventories                                    CAA requirements may be found in the
                                                    2018 because only that year was                                              and MVEBs, the SIP revisions also                                            Technical Support Documents (TSDs)
                                                    updated and is provided in Table 2. The                                      provide general conformity budgets for                                       prepared in support of this proposed
                                                    previously approved MVEBs from the                                           NOX. These budgets are established for                                       rulemaking action and are available on
                                                    approved maintenance plan for the Area                                       the construction of the Bell Bend                                            line at http://www.regulations.gov,
                                                    were produced using the Mobile Source                                        Nuclear Power Plant. Under the general                                       Docket number EPA–R03–OAR–2014–
                                                    Emission Factor Model (MOBILE6.2). A                                         conformity rule, found at 40 CFR                                             0652.

                                                        TABLE 1—SUMMARY OF POINT SOURCE INVENTORY IN TPSD FOR THE SCRANTON/WILKES-BARRE MAINTENANCE AREA
                                                                                                                                                                                                                           Current             Updated
                                                                                                                           Year
                                                                                                                                                                                                                 2009            2018       2009           2018

                                                    NOX ..................................................................................................................................................           9.4             10.5   7.7            5.8


                                                        TABLE 2—SUMMARY OF AREA SOURCE INVENTORY IN TPSD FOR THE SCRANTON/WILKES-BARRE MAINTENANCE AREA
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                                                                                                                                                                                                                              Current              Updated
                                                                                                                               Year
                                                                                                                                                                                                                               2018                 2018

                                                    NOX ..........................................................................................................................................................              4.4                  7.5




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                                                    12606                             Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Proposed Rules

                                                       TABLE 3—SUMMARY OF MOTOR VEHICLE EMISSIONS IN TPSD FOR THE SCRANTON/WILKES-BARRE MAINTENANCE AREA
                                                                                                      Model                                                                              MOBILE6.2                                       MOVES2010a

                                                                                                        Year                                                               2004               2009               2018           2004            2009               2018

                                                    VOCs ........................................................................................................               31.6               23.3              14.3             N/A             N/A            N/A
                                                    NOX ..........................................................................................................              66.1               46.9              21.6             77.0            57.3           28.5


                                                                              TABLE 4—REVISED MVEBS IN TPSD FOR THE SCRANTON/WILKES-BARRE MAINTENANCE AREA
                                                                                                                               Year                                                                                         2009                         2018

                                                    VOCs .......................................................................................................................................................                         N/A                         N/A
                                                    NOX ..........................................................................................................................................................                      59.3                         30.5


                                                                       TABLE 5—MVEBS FOR EACH MPO IN TPSD FOR THE SCRANTON/WILKES-BARRE MAINTENANCE AREA
                                                                                            MPO                                                    Scranton/Wilkes-Barre                                  NEPA MPO                           Northern Tier RPO
                                                                                                                                                           MPO
                                                                                            Year                                                                                                    2009                2018                 2009              2018
                                                                                                                                                     2009                    2018

                                                    VOCs ................................................................................                 17.99                   11.80                   6.19                 4.64              0.99                0.54
                                                    NOX ..................................................................................                42.67                   21.90                  14.10                 7.10              2.50                1.60


                                                        TABLE 6—GENERAL CONFORMITY BUDGETS FOR THE CONSTRUCTION OF THE BELL BEND NUCLEAR POWER PLANT IN
                                                                                                                                                                 TPSD

                                                                                                                                                                                                                                        Emissions
                                                                                                                               Year
                                                                                                                                                                                                                            2009                         2018

                                                    NOX ..........................................................................................................................................................             1.0                           1.0


                                                      TABLE 7—COMPARISON OF 2004, 2009, AND 2018 EMISSIONS AFTER RESERVING THE SAFETY MARGINS AND GENERAL
                                                                                              CONFORMITY BUDGETS
                                                                                              Year                                                         2004                       2009                   2004–2009                 2018              2004–2018

                                                    Total Emissions ....................................................................                             98.9                      80.1                     18.8                   49.5                  49.4
                                                    Emissions with addition of Safety Margins and General
                                                      Conformity Budgets ..........................................................                                  98.9                      83.1                     15.8                   52.5                  46.4



                                                    III. Proposed Action                                                         to reflect the use of the MOVES model                                        impose additional requirements beyond
                                                                                                                                 as explained in our TSDs. EPA also                                           those imposed by state law. For that
                                                       EPA is proposing to approve                                               concludes that the general conformity                                        reason, this proposed action:
                                                    Pennsylvania’s SIP revision submittal                                        budgets meet all requirements of the                                            • Is not a ‘‘significant regulatory
                                                    from May 28, 2014 to update the MVEBs                                        general conformity rule found at 40 CFR                                      action’’ subject to review by the Office
                                                    for the Scranton/Wilkes-Barre                                                part 93, subpart B as explained in our                                       of Management and Budget under
                                                    Maintenance Area to reflect the use of                                       TSDs. EPA is soliciting public                                               Executive Order 12866 (58 FR 51735,
                                                    the MOVES model. EPA is also                                                 comments on the issues discussed in                                          October 4, 1993);
                                                    proposing to approve the updates to the                                      this document. These comments will be                                           • Does not impose an information
                                                    point and area source inventories.                                           considered before taking final action.                                       collection burden under the provisions
                                                    Additionally, EPA is proposing                                                                                                                            of the Paperwork Reduction Act (44
                                                    approval of the general conformity                                           IV. Statutory and Executive Order
                                                                                                                                                                                                              U.S.C. 3501 et seq.);
                                                                                                                                 Reviews
                                                    budgets for the construction of the Bell                                                                                                                     • Is certified as not having a
                                                    Bend Nuclear Power Plant. EPA is                                               Under the CAA, the Administrator is                                        significant economic impact on a
                                                    approving these SIP revisions because it                                     required to approve a SIP submission                                         substantial number of small entities
                                                    will allow the Scranton/Wilkes-Barre                                         that complies with the provisions of the                                     under the Regulatory Flexibility Act (5
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                                                    Maintenance Area to continue to                                              Act and applicable Federal regulations.                                      U.S.C. 601 et seq.);
                                                    maintain the 1997 8-Hour Ozone                                               42 U.S.C. 7410(k); 40 CFR 52.02(a).                                             • Does not contain any unfunded
                                                    NAAQS. Our in depth review of the SIP                                        Thus, in reviewing SIP submissions,                                          mandate or significantly or uniquely
                                                    revisions leads EPA to conclude that the                                     EPA’s role is to approve state choices,                                      affect small governments, as described
                                                    updated MVEBs meet the adequacy                                              provided that they meet the criteria of                                      in the Unfunded Mandates Reform Act
                                                    requirements set forth in 40 CFR                                             the CAA. Accordingly, this action                                            of 1995 (Pub. L. 104–4);
                                                    93.118(e)(4)(i)–(vi), and that the updated                                   merely approves state law as meeting                                            • Does not have Federalism
                                                    MVEBs have been correctly calculated                                         Federal requirements and does not                                            implications as specified in Executive


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                                                                             Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Proposed Rules                                                12607

                                                    Order 13132 (64 FR 43255, August 10,                    Island on February 21, 2014. This                     comments. A detailed rationale for the
                                                    1999);                                                  revision includes a regulation adopted                approval is set forth in the direct final
                                                      • Is not an economically significant                  by Rhode Island that establishes                      rule. If no adverse comments are
                                                    regulatory action based on health or                    procedures to follow for transportation               received in response to this rule, no
                                                    safety risks subject to Executive Order                 conformity determinations. Conformity                 further activity is contemplated. If EPA
                                                    13045 (62 FR 19885, April 23, 1997);                    to the purpose of the SIP means that                  receives adverse comments, the direct
                                                      • Is not a significant regulatory action              transportation activities will not cause              final rule will be withdrawn and all
                                                    subject to Executive Order 13211 (66 FR                 new air quality violations, worsen                    public comments received will be
                                                    28355, May 22, 2001);                                   existing violations, or delay timely                  addressed in a subsequent final rule
                                                      • Is not subject to requirements of                   attainment of the national ambient air                based on this proposed rule. EPA will
                                                    Section 12(d) of the National                           quality standards. The intended effect of             not institute a second comment period.
                                                    Technology Transfer and Advancement                     this action is to propose to approve                  Any parties interested in commenting
                                                    Act of 1995 (15 U.S.C. 272 note) because                Rhode Island’s transportation                         on this action should do so at this time.
                                                    application of those requirements would                 conformity regulation into the Rhode                  Please note that if EPA receives adverse
                                                    be inconsistent with the CAA; and                       Island SIP. This action is being taken in             comment on an amendment, paragraph,
                                                      • Does not provide EPA with the                       accordance with the Clean Air Act.                    or section of this rule and if that
                                                    discretionary authority to address, as                  DATES: Written comments must be                       provision may be severed from the
                                                    appropriate, disproportionate human                     received on or before April 9, 2015.                  remainder of the rule, EPA may adopt
                                                    health or environmental effects, using                  ADDRESSES: Submit your comments,                      as final those provisions of the rule that
                                                    practicable and legally permissible                     identified by Docket ID No. EPA–R01–                  are not the subject of an adverse
                                                    methods, under Executive Order 12898                    OAR–2014–0275 by one of the following                 comment.
                                                    (59 FR 7629, February 16, 1994).                        methods:                                                 For additional information, see the
                                                      In addition, this proposed rule,                         1. www.regulations.gov: Follow the                 direct final rule which is located in the
                                                    pertaining to the update of the MVEBs,                  on-line instructions for submitting                   Rules Section of this Federal Register.
                                                    point and area source inventories, as                   comments.                                               Dated: February 4, 2015.
                                                    well as the general conformity budgets                     2. Email: arnold.anne@epa.gov. Fax:                H. Curtis Spalding,
                                                    for the Scranton/Wilkes-Barre                           (617) 918–0047.                                       Regional Administrator, EPA New England.
                                                    Maintenance Area, does not have tribal                     3. Mail: EPA–R01–OAR–2014–0275,                    [FR Doc. 2015–05259 Filed 3–9–15; 8:45 am]
                                                    implications as specified by Executive                  Anne Arnold, U.S. Environmental
                                                                                                                                                                  BILLING CODE 6560–50–P
                                                    Order 13175 (65 FR 67249, November 9,                   Protection Agency, EPA New England
                                                    2000), because the SIP is not approved                  Regional Office, 5 Post Office Square—
                                                    to apply in Indian country located in the               Suite 100, (Mail code OEP05–2), Boston,               ENVIRONMENTAL PROTECTION
                                                    state, and EPA notes that it will not                   MA 02109–3912. Hand Delivery or                       AGENCY
                                                    impose substantial direct costs on tribal               Courier. Deliver your comments to:
                                                    governments or preempt tribal law.                      Anne Arnold, Manager, Air Quality                     40 CFR Part 52
                                                                                                            Planning Unit, Office of Ecosystem
                                                    List of Subjects in 40 CFR Part 52                                                                            [EPA–R03–OAR–2013–0423; FRL 9924–23–
                                                                                                            Protection, U.S. Environmental                        Region 3]
                                                      Environmental protection, Air                         Protection Agency, EPA New England
                                                    pollution control, Incorporation by                     Regional Office, 5 Post Office Square—                Approval and Promulgation of
                                                    reference, Nitrogen dioxide, Ozone,                     Suite 100, (Mail code OEP05–2), Boston,               Implementation Plans; West Virginia;
                                                    Volatile organic compounds.                             MA 02109–3912. Such deliveries are                    Regional Haze Five-Year Progress
                                                       Authority: 42 U.S.C. 7401 et seq.                    only accepted during the Regional                     Report State Implementation Plan
                                                                                                            Office’s normal hours of operation. The
                                                     Dated: February 20, 2015.                              Regional Office’s official hours of                   AGENCY:  Environmental Protection
                                                    William C. Early,                                       business are Monday through Friday,                   Agency (EPA).
                                                    Acting Regional Administrator, Region III.              8:30 a.m. to 4:30 p.m., excluding legal               ACTION: Proposed rule; supplemental.
                                                    [FR Doc. 2015–05434 Filed 3–9–15; 08:45 am]             holidays.                                             SUMMARY:    The Environmental Protection
                                                    BILLING CODE 6560–50–P                                     Please see the direct final rule which
                                                                                                                                                                  Agency (EPA) is issuing a supplement to
                                                                                                            is located in the Rules Section of this
                                                                                                                                                                  its proposed approval of a State
                                                                                                            Federal Register for detailed                         Implementation Plan (SIP) revision
                                                    ENVIRONMENTAL PROTECTION                                instructions on how to submit                         submitted by the State of West Virginia
                                                    AGENCY                                                  comments.                                             (West Virginia) through the West
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Virginia Department of Environmental
                                                    40 CFR Part 52
                                                                                                            Anne Arnold, Air Quality Planning                     Protection (WVDEP). West Virginia’s
                                                    [EPA–R01–OAR–2014–0275; A–1–FRL–                        Unit, U.S. Environmental Protection                   SIP revision addresses requirements of
                                                    9924–18–Region 1]                                       Agency, EPA New England Regional                      the Clean Air Act (CAA) and EPA’s
                                                                                                            Office, 5 Post Office Square—Suite 100,               rules that require states to submit
                                                    Approval and Promulgation of Air                        (Mail code OEP05–2), Boston, MA                       periodic reports describing progress
                                                    Quality Implementation Plans; Rhode                     02109–3912, telephone number (617)                    towards reasonable progress goals
                                                    Island; Transportation Conformity                       918–1047, fax number (617) 918–1047,                  established for regional haze and a
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                                                    AGENCY:  Environmental Protection                       email arnold.anne@epa.gov.                            determination of the adequacy of the
                                                    Agency.                                                 SUPPLEMENTARY INFORMATION: In the                     state’s existing implementation plan
                                                    ACTION: Proposed rule.                                  Final Rules Section of this Federal                   addressing regional haze (regional haze
                                                                                                            Register, EPA is approving the State’s                SIP). EPA’s proposed approval of West
                                                    SUMMARY:  The Environmental Protection                  SIP submittal as a direct final rule                  Virginia’s periodic report on progress
                                                    Agency (EPA) is proposing to approve a                  without prior proposal because the                    towards reasonable progress goals and
                                                    State Implementation Plan (SIP)                         Agency views this as a noncontroversial               determination of adequacy of the state’s
                                                    revision submitted by the State of Rhode                submittal and anticipates no adverse                  regional haze SIP was published in the


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Document Created: 2018-02-21 09:35:06
Document Modified: 2018-02-21 09:35:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before April 9, 2015.
ContactAsrah Khadr, (215) 814-2071, or by email at [email protected]
FR Citation80 FR 12604 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds

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