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.

Proposed Rules Federal Register

12604 

Vol. 80, No. 46 

Tuesday, March 10, 2015 

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: powers.marilyn@epa.gov. 

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 previouslylisted 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 khadr.asrah@epa.gov. 

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 

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

Year 

Current Updated 

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

Year 

Current Updated 

2018 2018 

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

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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 

MPO 

NEPA MPO Northern Tier RPO 

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

Year 

Emissions 

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 

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 

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

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0275; A–1–FRL– 

9924–18–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Transportation Conformity 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of Rhode 

Island on February 21, 2014. This 

revision includes a regulation adopted 

by Rhode Island that establishes 

procedures to follow for transportation 

conformity determinations. Conformity 

to the purpose of the SIP means that 

transportation activities will not cause 

new air quality violations, worsen 

existing violations, or delay timely 

attainment of the national ambient air 

quality standards. The intended effect of 

this action is to propose to approve 

Rhode Island’s transportation 

conformity regulation into the Rhode 

Island SIP. This action is being taken in 

accordance with the Clean Air Act. 

DATES: Written comments must be 

received on or before April 9, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2014–0275 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. Fax: 

(617) 918–0047. 

3. Mail: EPA–R01–OAR–2014–0275, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. Hand Delivery or 

Courier. Deliver your comments to: 

Anne Arnold, Manager, Air Quality 

Planning Unit, Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Please see the direct final rule which 

is located in the Rules Section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Anne Arnold, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, 5 Post Office Square—Suite 100, 

(Mail code OEP05–2), Boston, MA 

02109–3912, telephone number (617) 

918–1047, fax number (617) 918–1047, 

email arnold.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

Rules Section of this Federal Register. 

Dated: February 4, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2015–05259 Filed 3–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0423; FRL 9924–23– 

Region 3] 

Approval and Promulgation of 

Implementation Plans; West Virginia; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; supplemental. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a supplement to 

its proposed approval of a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia 

(West Virginia) through the West 

Virginia Department of Environmental 

Protection (WVDEP). West Virginia’s 

SIP revision addresses requirements of 

the Clean Air Act (CAA) and EPA’s 

rules that require states to submit 

periodic reports describing progress 

towards reasonable progress goals 

established for regional haze and a 

determination of the adequacy of the 

state’s existing implementation plan 

addressing regional haze (regional haze 

SIP). EPA’s proposed approval of West 

Virginia’s periodic report on progress 

towards reasonable progress goals and 

determination of adequacy of the state’s 

regional haze SIP was published in the 

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