80 FR 59052 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for New Castle and Sussex Counties
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59052-59055 | |
| FR Document | 2015-24889 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Rules and Regulations] [Pages 59052-59055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24889] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0455; FRL-9934-81-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware; 2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard for New Castle and Sussex Counties AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventories for the 2008 8- hour ozone National Ambient Air Quality Standard (NAAQS) for New Castle and Sussex Counties, submitted by the State of Delaware. The emission inventories were submitted to meet the nonattainment requirements for the marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventories for the 2008 8-hour ozone NAAQS for New Castle and Sussex Counties, Delaware, in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on November 30, 2015 without further notice, unless EPA receives adverse written comment by November 2, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0455 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0455, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2015-0455. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground-level ozone is formed when nitrogen oxides (NOX ) and volatile organic compounds (VOC) react in the presence of sunlight. Referred to as ozone precursors, these two pollutants are emitted by many types of pollution sources, including on- and off-road motor vehicles and engines, power plants and industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following a person's exposure to ozone, particularly children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. As a consequence of this scientific evidence, EPA promulgated the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. This standard was determined to be more protective of public health than the previous 1979 1-hour ozone standard. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012 (77 FR 30088), New Castle and Sussex Counties were designated as marginal nonattainment for the more stringent 2008 8-hour ozone NAAQS. New Castle County is part of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. Sussex County is designated as the Seaford nonattainment area for the 2008 8-hour ozone NAAQS. Under section 172(c)(3) of the CAA, Delaware is required to submit comprehensive, accurate, and current inventories of actual emissions from all sources of the relevant pollutants in its marginal nonattainment areas, i.e., New Castle and Sussex Counties. II. Summary of SIP Revision Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, current accounting of actual emissions from all sources (point, nonpoint, nonroad, and onroad) in the nonattainment area. CAA section 182(a)(1) requires that areas designated as nonattainment and classified as marginal are to submit an inventory of [[Page 59053]] all sources of ozone precursors no later than 2 years after the effective date of designation. This ``base year'' inventory contains actual annual emissions and typical ozone season day emissions for the ozone season of May through September for NOX , VOC, and carbon monoxide (CO). On April 23, 2015, the Delaware Department of Natural Resources and Environment Control (DE DNREC) submitted its 2011 base year inventories for the 2008 8-hour ozone NAAQS for its marginal nonattainment areas of New Castle and Sussex Counties. The 2011 base year inventories include emissions estimates that cover the general source categories of stationary point sources, stationary nonpoint sources, nonroad mobile sources and onroad mobile sources. The pollutants that comprise the inventory are NOX , VOCs, and CO. Tables 1 and 2 summarize the 2011 VOC, NOX and CO emission inventory by source sector for New Castle and Sussex Counties. Annual emissions are given in tons per year (tpy), and summer weekday emissions are given in tons per day (tpd). Table 1--New Castle County 2011 Emissions ---------------------------------------------------------------------------------------------------------------- Annual (tpy) Summer Weekday (tpd) Source sector ----------------------------------------------------------------------------- VOC NOX CO VOC NOX CO ---------------------------------------------------------------------------------------------------------------- Point............................. 819 2,750 3,649 2.97 12.02 12.32 Non-Point......................... 4,882 1,324 3,425 11.39 2.11 2.24 Onroad............................ 3,285 7,495 37,489 8.85 20.65 91.58 Nonroad........................... 1,989 3,577 20,688 7.04 11.19 79.33 ----------------------------------------------------------------------------- Total......................... 10,975 15,146 65,251 30.25 45.97 185.47 ---------------------------------------------------------------------------------------------------------------- Table 2--Sussex County 2011 Emissions ---------------------------------------------------------------------------------------------------------------- Annual (tpy) Summer Weekday (tpd) Source sector ----------------------------------------------------------------------------- VOC NOX CO VOC NOX CO ---------------------------------------------------------------------------------------------------------------- Point............................. 815 2,456 442 4.94 12.10 1.60 Non-Point......................... 2,177 478 2,463 5.95 0.86 2.05 Onroad............................ 2,974 4,702 28,323 8.86 14.87 78.67 Nonroad........................... 2,558 3,045 16,917 8.47 10.02 60.50 ----------------------------------------------------------------------------- Total......................... 8,524 10,681 48,145 28.22 37.85 142.82 ---------------------------------------------------------------------------------------------------------------- EPA's guidance for emissions inventory development calls for actual emissions to be used in the base year inventory. DE DNREC developed the point source data for the 2011 base year inventory using emissions directly reported by the facilities. For the 2011 nonpoint source emissions, also known as ``area sources,'' DE DNREC estimated emissions by multiplying an emission factor by some known indicator of collective activity for each source category by county. These emissions are typically calculated on an annual basis, because activity data are generally only available on an annual basis. DE DNREC converted the annual emissions to seasonal emissions. DE DNREC has submitted data from EPA's National Emissions Inventory (NEI), version 1, for the onroad inventory. The NEI onroad emissions inventory was developed using the EPA's highway mobile source emissions model, MOVES 2010a. DE DNREC prepared the 2011 nonroad mobile source inventory using EPA's NONROAD2008a model, which estimates fuel consumption and emissions for all nonroad mobile source categories except for aircraft, locomotives, and commercial marine vessels. Aircraft emissions were estimated using the Federal Aviation Administration's (FAA) Emissions and Dispersion Modeling System (EDMS). Locomotive emissions were calculated using company provided fuel consumption data. Commercial marine vessel emissions were calculated using specific activity and operation data for each vessel. DE DNREC reported annual emissions and ozone season day emissions. EPA reviewed DE DNREC's 2011 base year emission inventories for New Castle and Sussex Counties and determined that the results obtained and the procedures and methodologies used are acceptable and approvable. A detailed evaluation of Delaware's 2011 base year inventories is provided in the Technical Support Document (TSD) EPA prepared for this rulemaking action. The TSD can be found at http://www.regulations.gov, Docket ID No. EPA-R03-OAR-2015-0455. III. Final Action Pursuant to section 172(c) of the CAA, EPA is approving the 2011 base year emissions inventories for New Castle and Sussex Counties submitted by the State of Delaware for the 2008 8-hour ozone NAAQS as revisions to the Delaware's SIP. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on November 30, 2015 without further notice unless EPA receives adverse comment by November 2, 2015. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. [[Page 59054]] 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 30, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving Delaware's 2011 base year inventories for the 2008 8-hour ozone NAAQS for New Castle and Sussex Counties may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 17, 2015. Shawn M. Garvin, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart I--Delaware 0 2. In Sec. 52.420, the table in paragraph (e) is amended by adding the entry ``2011 Base Year Inventories for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.420 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State submittal Additional revision geographic area date EPA Approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Inventories for New Castle and April 23, 2015.... October 1, 2015 Sec. 52.423(e). the 2008 8-Hour Ozone National Sussex Counties. [Insert Federal Ambient Air Quality Standard. Register citation]. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.423 is amended by adding paragraph (e) to read as follows: Sec. 52.423 Base year emissions inventory. * * * * * (e) EPA approves as a revision to the Delaware State Implementation Plan the 2011 base year emissions inventory for New Castle and Sussex Counties for the 2008 8-hour ozone national ambient air quality standard submitted by the Delaware Department of the Natural Resources and Environmental Control on April 23, 2015. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, nonroad mobile sources, area sources, onroad mobile sources, and biogenic sources. [[Page 59055]] The pollutants that comprise the inventory are nitrogen oxides (NO X ), volatile organic compounds (VOC), and carbon monoxide (CO). [FR Doc. 2015-24889 Filed 9-30-15; 8:45 am] BILLING CODE 6560-50-P
![59052 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
Dated: September 10, 2015. D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT:
F.L. Gilmore, listed EPA Region III address. Such Maria A. Pino, (215) 814–2181, or by
Captain, U.S. Coast Guard, Acting Captain deliveries are only accepted during the email at pino.maria@epa.gov.
of the Port Morgan City, LA. Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–24827 Filed 9–30–15; 8:45 am] special arrangements should be made
for deliveries of boxed information. I. Background
BILLING CODE 9110–04–P
Instructions: Direct your comments to Ground-level ozone is formed when
Docket ID No. EPA–R03–OAR–2015– nitrogen oxides (NOX) and volatile
ENVIRONMENTAL PROTECTION 0455. EPA’s policy is that all comments organic compounds (VOC) react in the
received will be included in the public presence of sunlight. Referred to as
AGENCY
docket without change, and may be ozone precursors, these two pollutants
40 CFR Part 52 made available online at are emitted by many types of pollution
www.regulations.gov, including any sources, including on- and off-road
[EPA–R03–OAR–2015–0455; FRL–9934–81– personal information provided, unless motor vehicles and engines, power
Region 3] the comment includes information plants and industrial facilities, and area
claimed to be Confidential Business wide sources, such as consumer
Approval and Promulgation of Air
Information (CBI) or other information products and lawn and garden
Quality Implementation Plans;
whose disclosure is restricted by statute. equipment. Scientific evidence
Delaware; 2011 Base Year Inventories
Do not submit information that you indicates that adverse public health
for the 2008 8-Hour Ozone National
consider to be CBI, or otherwise effects occur following a person’s
Ambient Air Quality Standard for New
protected, through www.regulations.gov exposure to ozone, particularly children
Castle and Sussex Counties
or email. The www.regulations.gov Web and adults with lung disease. Breathing
AGENCY: Environmental Protection site is an ‘‘anonymous access’’ system, air containing ozone can reduce lung
Agency (EPA). which means EPA will not know your function and inflame airways, which
ACTION: Direct final rule. identity or contact information unless can increase respiratory symptoms and
you provide it in the body of your aggravate asthma or other lung diseases.
SUMMARY: The Environmental Protection comment. If you send an email As a consequence of this scientific
Agency (EPA) is taking direct final comment directly to EPA without going evidence, EPA promulgated the 0.12
action to approve the 2011 base year through www.regulations.gov, your part per million (ppm) 1-hour ozone
inventories for the 2008 8-hour ozone email address will be automatically NAAQS. See 44 FR 8202 (February 8,
National Ambient Air Quality Standard captured and included as part of the 1979).
(NAAQS) for New Castle and Sussex comment that is placed in the public On July 18, 1997 (62 FR 38855), EPA
Counties, submitted by the State of docket and made available on the promulgated a revised ozone NAAQS of
Delaware. The emission inventories Internet. If you submit an electronic 0.08 ppm, averaged over eight hours.
were submitted to meet the comment, EPA recommends that you This standard was determined to be
nonattainment requirements for the include your name and other contact more protective of public health than
marginal ozone nonattainment areas for information in the body of your the previous 1979 1-hour ozone
the 2008 8-hour ozone NAAQS. EPA is comment and with any disk or CD–ROM standard. In 2008, EPA revised the 8-
approving the 2011 base year emissions you submit. If EPA cannot read your hour ozone NAAQS from 0.08 to 0.075
inventories for the 2008 8-hour ozone comment due to technical difficulties ppm. See 73 FR 16436 (March 27, 2008).
NAAQS for New Castle and Sussex and cannot contact you for clarification, On May 21, 2012 (77 FR 30088), New
Counties, Delaware, in accordance with EPA may not be able to consider your Castle and Sussex Counties were
the requirements of the Clean Air Act comment. Electronic files should avoid designated as marginal nonattainment
(CAA). the use of special characters, any form for the more stringent 2008 8-hour
of encryption, and be free of any defects ozone NAAQS. New Castle County is
DATES: This rule is effective on or viruses. part of the Philadelphia-Wilmington-
November 30, 2015 without further Docket: All documents in the Atlantic City nonattainment area for the
notice, unless EPA receives adverse electronic docket are listed in the 2008 8-hour ozone NAAQS. Sussex
written comment by November 2, 2015. www.regulations.gov index. Although County is designated as the Seaford
If EPA receives such comments, it will listed in the index, some information is nonattainment area for the 2008 8-hour
publish a timely withdrawal of the not publicly available, i.e., CBI or other ozone NAAQS. Under section 172(c)(3)
direct final rule in the Federal Register information whose disclosure is of the CAA, Delaware is required to
and inform the public that the rule will restricted by statute. Certain other submit comprehensive, accurate, and
not take effect. material, such as copyrighted material, current inventories of actual emissions
ADDRESSES: Submit your comments, is not placed on the Internet and will be from all sources of the relevant
identified by Docket ID Number EPA– publicly available only in hard copy pollutants in its marginal nonattainment
R03–OAR–2015–0455 by one of the form. Publicly available docket areas, i.e., New Castle and Sussex
following methods: materials are available either Counties.
A. www.regulations.gov. Follow the electronically in www.regulations.gov or
on-line instructions for submitting in hard copy during normal business II. Summary of SIP Revision
comments. hours at the Air Protection Division, Under CAA section 172(c)(3), states
B. Email: fernandez.cristina@epa.gov. U.S. Environmental Protection Agency, are required to submit a comprehensive,
srobinson on DSK5SPTVN1PROD with RULES
C. Mail: EPA–R03–OAR–2015–0455, Region III, 1650 Arch Street, accurate, current accounting of actual
Cristina Fernandez, Associate Director, Philadelphia, Pennsylvania 19103. emissions from all sources (point,
Office of Air Program Planning, Copies of the State submittal are nonpoint, nonroad, and onroad) in the
Mailcode 3AP30, U.S. Environmental available at the Delaware Department of nonattainment area. CAA section
Protection Agency, Region III, 1650 Natural Resources and Environmental 182(a)(1) requires that areas designated
Arch Street, Philadelphia, Pennsylvania Control, 89 Kings Highway, P.O. Box as nonattainment and classified as
19103. 1401, Dover, Delaware 19903. marginal are to submit an inventory of
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42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 response to the parallel notice of
Thus, in reviewing SIP submissions, (59 FR 7629, February 16, 1994). proposed rulemaking for this action
EPA’s role is to approve state choices, In addition, this rule does not have published in the proposed rules section
provided that they meet the criteria of tribal implications as specified by of today’s Federal Register, rather than
the CAA. Accordingly, this action Executive Order 13175 (65 FR 67249, file an immediate petition for judicial
merely approves state law as meeting November 9, 2000), because the SIP is review of this direct final rule, so that
Federal requirements and does not not approved to apply in Indian country EPA can withdraw this direct final rule
impose additional requirements beyond located in the state, and EPA notes that and address the comment in the
those imposed by state law. For that it will not impose substantial direct proposed rulemaking action. This action
reason, this action: costs on tribal governments or preempt approving Delaware’s 2011 base year
• Is not a ‘‘significant regulatory tribal law. inventories for the 2008 8-hour ozone
action’’ subject to review by the Office NAAQS for New Castle and Sussex
B. Submission to Congress and the
of Management and Budget under Counties may not be challenged later in
Comptroller General
Executive Order 12866 (58 FR 51735, proceedings to enforce its requirements.
October 4, 1993); The Congressional Review Act, 5 (See section 307(b)(2)).
• Does not impose an information U.S.C. 801 et seq., as added by the Small
collection burden under the provisions Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
of the Paperwork Reduction Act (44 Fairness Act of 1996, generally provides
Environmental protection, Air
U.S.C. 3501 et seq.); that before a rule may take effect, the
pollution control, Carbon monoxide,
• Is certified as not having a agency promulgating the rule must
submit a rule report, which includes a Incorporation by reference,
significant economic impact on a
copy of the rule, to each House of the Intergovernmental relations, Nitrogen
substantial number of small entities
Congress and to the Comptroller General dioxide, Ozone, Reporting and
under the Regulatory Flexibility Act (5
of the United States. EPA will submit a recordkeeping requirements, Volatile
U.S.C. 601 et seq.);
• Does not contain any unfunded report containing this action and other organic compounds.
mandate or significantly or uniquely required information to the U.S. Senate, Dated: September 17, 2015.
affect small governments, as described the U.S. House of Representatives, and Shawn M. Garvin,
in the Unfunded Mandates Reform Act the Comptroller General of the United Regional Administrator, Region III.
of 1995 (Pub. L. 104–4); States prior to publication of the rule in
• Does not have Federalism the Federal Register. A major rule 40 CFR part 52 is amended as follows:
implications as specified in Executive cannot take effect until 60 days after it
Order 13132 (64 FR 43255, August 10, is published in the Federal Register. PART 52—APPROVAL AND
1999); This action is not a ‘‘major rule’’ as PROMULGATION OF
• Is not an economically significant defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
regulatory action based on health or
C. Petitions for Judicial Review ■ 1. The authority citation for part 52
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997); Under section 307(b)(1) of the CAA, continues to read as follows:
• Is not a significant regulatory action petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR action must be filed in the United States
28355, May 22, 2001); Court of Appeals for the appropriate Subpart I—Delaware
• Is not subject to requirements of circuit by November 30, 2015. Filing a
Section 12(d) of the National petition for reconsideration by the ■ 2. In § 52.420, the table in paragraph
Technology Transfer and Advancement Administrator of this final rule does not (e) is amended by adding the entry
Act of 1995 (15 U.S.C. 272 note) because affect the finality of this action for the ‘‘2011 Base Year Inventories for the
application of those requirements would purposes of judicial review nor does it 2008 8-Hour Ozone National Ambient
be inconsistent with the CAA; and extend the time within which a petition Air Quality Standard’’ at the end of the
• Does not provide EPA with the for judicial review may be filed, and table to read as follows:
discretionary authority to address, as shall not postpone the effectiveness of
§ 52.420 Identification of plan.
appropriate, disproportionate human such rule or action. Parties with
health or environmental effects, using objections to this direct final rule are * * * * *
practicable and legally permissible encouraged to file a comment in (e) * * *
Applicable State
Name of non-regulatory EPA Approval Additional
geographic submittal
SIP revision date explanation
area date
* * * * * * *
2011 Base Year Inventories for the 2008 8- New Castle and Sus- April 23, 2015 ............ October 1, 2015 [In- § 52.423(e).
Hour Ozone National Ambient Air Quality sex Counties. sert Federal Reg-
Standard. ister citation].
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■ 3. Section 52.423 is amended by 2011 base year emissions inventory for on April 23, 2015. The 2011 base year
adding paragraph (e) to read as follows: New Castle and Sussex Counties for the emissions inventory includes emissions
2008 8-hour ozone national ambient air estimates that cover the general source
§ 52.423 Base year emissions inventory.
quality standard submitted by the categories of point sources, nonroad
* * * * * Delaware Department of the Natural mobile sources, area sources, onroad
(e) EPA approves as a revision to the Resources and Environmental Control mobile sources, and biogenic sources.
Delaware State Implementation Plan the
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59055
The pollutants that comprise the business hours at the Air Protection II. Summary of SIP Revision
inventory are nitrogen oxides (NOX), Division, U.S. Environmental Protection
volatile organic compounds (VOC), and Agency, Region III, 1650 Arch Street, On July 28, 2014, the State of
carbon monoxide (CO). Philadelphia, Pennsylvania 19103. Maryland through the Maryland
Copies of the State submittal are Department of the Environment (MDE)
[FR Doc. 2015–24889 Filed 9–30–15; 8:45 am]
available at the Maryland Department of submitted to EPA a SIP revision (#14–
BILLING CODE 6560–50–P
the Environment, 1800 Washington 02) concerning the adoption of the
Boulevard, Suite 705, Baltimore, emission limits for metal furniture
ENVIRONMENTAL PROTECTION Maryland 21230. coatings found in the Metal Furniture
AGENCY Coatings CTG and miscellaneous metal
FOR FURTHER INFORMATION CONTACT: parts coatings found in the
Ellen Schmitt, (215) 814–5787, or by Miscellaneous Metal and Plastic Parts
40 CFR Part 52 email at schmitt.ellen@epa.gov. Coatings CTG. Maryland has adopted
[EPA–R03–OAR–2015–0404; FRL–9934–92– SUPPLEMENTARY INFORMATION: EPA’s CTG standards for metal furniture
Region 3]
and miscellaneous metal parts coating
I. Background
Approval and Promulgation of Air processes by amending Regulation .08
Quality Implementation Plans; On July 17, 2015 (80 FR 42459), EPA under COMAR 26.11.19, Volatile
Maryland; Adoption of Control published a notice of proposed Organic Compounds from Specific
Techniques Guidelines for Metal rulemaking (NPR) for the State of Sources. Specifically, this revision
Furniture Coatings and Miscellaneous Maryland, proposing approval of amends the existing regulation in
Metal Parts Coatings Maryland’s SIP submittal which section 26.11.19.08 by adding coating
includes amendments to the State’s standards for both metal furniture and
AGENCY: Environmental Protection regulation for the control of VOCs and miscellaneous metal parts that are either
Agency (EPA). adopts the requirements of EPA’s CTGs equal to or more stringent than the
ACTION: Final rule. for the coating of metal furniture and coating standards found in EPA’s CTGs.
miscellaneous metal parts, as RACT for Additionally, new definitions and
SUMMARY: The Environmental Protection these source categories. The formal SIP application methods were added to
Agency (EPA) is approving a State revision (#14–02) was submitted by the COMAR section 26.11.19.08. A detailed
Implementation Plan (SIP) revision State of Maryland on July 28, 2014. summary of Maryland’s amendments
submitted by the State of Maryland. The Section 172(c)(1) of the CAA provides and EPA’s review of and rationale for
revision includes amendments to that SIPs for nonattainment areas must approving this SIP revision submittal
Maryland’s regulation for the control of include reasonably available control may be found in the NPR and Technical
volatile organic compounds (VOC) and measures (RACM), including RACT for Support Document (TSD) for this
meets the requirement to adopt sources of emissions. Section rulemaking action which is available
reasonably available control technology 182(b)(2)(A) provides that for certain online at www.regulations.gov, Docket
(RACT) for sources covered by EPA’s nonattainment areas, states must revise number EPA–R03–OAR–2015–0404.
Control Techniques Guidelines (CTG) their SIPs to include RACT for sources
standards for coatings for metal III. Final Action
of VOC emissions covered by a CTG
furniture and miscellaneous metal parts. document issued after November 15, EPA is approving the State of
These amendments will reduce 1990 and prior to the area’s date of Maryland’s July 28, 2014 SIP submittal
emissions of VOC from these source attainment. States can follow the CTGs as a revision to the Maryland SIP. The
categories and assist Maryland to attain and adopt state regulations to SIP submittal being approved in this
and maintain the national ambient air implement the recommendations action consists of amendments to
quality standard (NAAQS) for ozone. contained therein, or they can adopt Maryland’s regulation for the control of
EPA is approving this revision to reduce alternative approaches. In either case, VOCs and adopts the requirements of
VOC emissions in accordance with the states must submit their RACT rules to EPA’s CTGs for the coating of metal
requirements of the Clean Air Act EPA for review and approval as part of furniture and miscellaneous metal parts,
(CAA). the SIP process. as RACT for these source categories.
DATES: This final rule is effective on In September 2007, EPA published a IV. Incorporation by Reference
November 2, 2015. new CTG for Metal Furniture Coatings
ADDRESSES: EPA has established a (EPA–453/R–07–005), and in September In this rulemaking action, the EPA is
docket for this action under Docket ID 2008, EPA published a new CTG for finalizing regulatory text that includes
Number EPA–R03–OAR–2015–0404. All Miscellaneous Metal and Plastic Parts incorporation by reference. In
documents in the docket are listed in Coatings (EPA–453/R–08–003). These accordance with requirements of 1 CFR
the www.regulations.gov Web site. CTGs discuss the nature of VOC 51.5, the EPA is finalizing the
Although listed in the electronic docket, emissions from these industries, the incorporation by reference of the MDE
some information is not publicly available control technologies for rules regarding control of VOC
available, i.e., confidential business addressing such emissions, the cost of emissions from metal furniture and
information (CBI) or other information available control options, and other miscellaneous metal parts coatings as
whose disclosure is restricted by statute. information. EPA developed new CTGs described in Section II of this
Certain other material, such as for these industries after reviewing rulemaking action. The EPA has made,
srobinson on DSK5SPTVN1PROD with RULES
copyrighted material, is not placed on existing state and local VOC emission and will continue to make, these
the Internet and will be publicly reduction approaches, new source documents generally available
available only in hard copy form. performance standards (NSPS), electronically through
Publicly available docket materials are previously issued CTGs, and national www.regulations.gov and/or in hard
available either electronically through emission standards for hazardous air copy at the appropriate EPA office (see
www.regulations.gov or in hard copy for pollutants (NESHAP) for these source the ADDRESSES section of this preamble
public inspection during normal categories. for more information).
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Document Created: 2015-12-15 08:40:09
Document Modified: 2015-12-15 08:40:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on November 30, 2015 without further notice, unless EPA receives adverse written comment by November 2, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 80 FR 59052 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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