Availability of Additional Information Supporting the Proposed Rule To Include Delaware and New Jersey in the Clean Air Interstate Rule, and Reopening of Comment Period for the Proposed Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 72, 73, 74, 77, 78, and 96

[OAR-2003-0053; FRL-7927-9]

RIN 2060-AM95

Availability of Additional Information Supporting the Proposed Rule To Include Delaware and New Jersey in the Clean Air Interstate Rule, and Reopening of Comment Period for the Proposed Rule

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of data availability (NODA) and reopening of public comment period.

SUMMARY:

We are soliciting comment on modeling information relevant to our May 12, 2005, proposal to include the States of Delaware and New Jersey within the scope of the Clean Air Interstate Rule (CAIR) for purposes of assessing significance of contribution to downwind States' attainment of the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM

2.5

) (70 FR 25408). Note that we are soliciting comment only on this modeling information, and are not reopening, reconsidering, or otherwise seeking comment on any aspect of the CAIR. This information is summarized in a table listing the combined contributions of emissions of sulfur dioxide (SO

2

) and nitrogen oxides (NO

X

) from Delaware and New Jersey, to annual average PM

2.5

concentrations in projected 2010 nonattainment counties in other States within the Eastern United States. This table is included in Section III below.

Detailed background information describing the rulemaking may be found in two previously published actions:

1. Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Final Rule, 70 FR 25162, May 12, 2005; and,

2. Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule; Proposed Rule, 70 FR 25408, May 12, 2005.

These actions and the table listed above are available in the public docket (Docket Number OAR-2003-0053) and

are also available for public review on the Web site for this rulemaking at

http://www.epa.gov/cleanairinterstaterule.

We have chosen to include material for this rulemaking as part of the CAIR docket. However, this is a separate rulemaking, and we are not soliciting comment on any aspect of the CAIR rule. We may place additional documents in the docket, and if we do so, we will announce their availability by posting a notice on the CAIR Web site shown above.

In addition, we are reopening the comment period for the Proposed Rule to Include Delaware and New Jersey in the Clean Air Interstate Rule so it coincides with the comment period for this NODA.

DATES:

Comments on both this NODA and the Proposed Rule to Include Delaware and New Jersey in the CAIR must be received on or before July 19, 2005. Please refer to

SUPPLEMENTARY INFORMATION

for additional information on the comment period.

ADDRESSES:

Submit your comments, identified by Docket Number OAR-2003-0053, by one of the following methods:

A. Federal Rulemaking Portal:

http://www.regulations.gov.

Follow the on-line instructions for submitting comments.

B. Agency Web site:

http://www.epa.gov/edocket.

EDOCKET, EPA's electronic public docket and comment system, is EPA's preferred method for receiving comments. Follow the on-line instructions for submitting comments.

C. E-mail:

A-AND-R-Docket@epa.gov.

D. Mail: Air Docket, ATTN: Docket Number OAR-2003-0053, Environmental Protection Agency, Mail Code: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

E. Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW., Room B102, Washington, DC. 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. OAR-2003-0053. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at

http://www.epa.gov/edocket,

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 EDOCKET, regulations.gov, or e-mail. The EPA EDOCKET and the Federal regulations.gov Web sites are “anonymous access” systems, 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 e-mail comment directly to EPA without going through EDOCKET or regulations.gov, your e-mail 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 is unable to read your comment and contact you for clarification due to technical difficulties, 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. For additional information about EPA's public docket, visit EDOCKET on-line or see the

Federal Register

of May 31, 2002 (67 FR 38102) entitled “EPA Dockets; EPA's New Electronic Public Docket and Comment System.” For additional instructions on submitting comments, go to Unit I of the

SUPPLEMENTARY INFORMATION

section of this document.

Docket:

All documents in the docket are listed in the EDOCKET index at

http://www.epa.gov/edocket.

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 EDOCKET or in hard copy at the EPA Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT:

For general questions concerning today's action, please contact Jan King, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Strategies and Standards Division, C539-02, Research Triangle Park, NC 27711, telephone (919) 541-5665, e-mail at

king.jan@epa.gov.

For legal questions, please contact Steven Silverman, U.S. EPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone (202) 564-5523, e-mail at

silverman.steven@epa.gov.

For questions regarding air quality modeling analyses, please contact Norm Possiel, U.S. EPA, Office of Air Quality Planning and Standards, Emissions Modeling and Analysis Division, D243-01, Research Triangle Park, NC 27711, telephone (919) 541-5692, e-mail at

possiel.norm@epa.gov.

For questions regarding the emissions inventories of electric generating units (EGUs) and State budgets, please contact Misha Adamantiades, U.S. EPA, Office of Atmospheric Programs, Clean Air Markets Division, Mail Code 6204J, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone (202) 343-9093, e-mail at

adamantiades.mikhail@epa.gov.

For questions regarding the emissions inventories for non-EGU sources, please contact Marc Houyoux, U.S. EPA, Office of Air Quality Planning and Standards, Emissions Modeling and Analysis Division, Mail Code D205-01, Research Triangle Park, NC 27711, telephone (919) 541-4330, e-mail at

houyoux.marc@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information on Submitting Comments

A. How Can I Help EPA Ensure That My Comments Are Reviewed Quickly?

To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Joann Allman, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Strategies and Standards Division, Mail Code C539-02, Research Triangle Park, NC 27711, telephone (919) 541-1815, e-mail

allman.joann@epa.gov.

If you e-mail the copy of your comments to Ms. Allman, put “comment for Docket Number OAR-2003-0053” in the subject line to alert Ms. Allman that a comment is included.

B. What Should I Consider as I Prepare My Comments for EPA?

1.

Submitting CBI.

Do not submit CBI information to EPA through EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one

complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: Roberto Morales, U.S. EPA, Office of Air Quality Planning and Standards, Mail Code C404-02, Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at

morales.roberto@epa.gov,

Attention Docket Number OAR-2003-0053.

2.

Tips for Preparing Your Comments.

When submitting comments, remember to:

i. Identify the rulemaking by docket number and other identifying information (subject heading,

Federal Register

date and page number).

ii. Explain why you agree or disagree.

iii. Describe any assumptions and provide any technical information and/or data that you used.

iv. Provide specific examples to illustrate your concerns, and suggest alternatives.

v. Make sure to submit your comments by the comment period deadline identified.

II. Rulemaking Information

The EPA has also established a website for this rulemaking at

http://www.epa.gov/cleanairinterstaterule.

The Web site includes the rulemaking actions and certain other related information that the public may find useful.

A. New Information Placed in the Docket

We are making available for public comment new information relating to the inclusion of Delaware and New Jersey in the CAIR for purposes of their contribution to PM

2.5

air quality problems. The information is shown in the table below. This table has also been placed in the docket for this rulemaking and on the Web site listed above.

The information in the table lists the combined contribution of emissions of SO

2

and NO

X

from Delaware and New Jersey to annual average PM

2.5

concentrations in projected 2010 nonattainment counties in other States within the Eastern United States. The EPA determined the PM

2.5

contributions listed in this table by applying the same “zero-out” modeling technique used in the CAIR rule to the projected 2010 Base Case SO

2

and NO

X

emissions from New Jersey and Delaware. The rationale for evaluating the contributions from Delaware and New Jersey using the combined SO

2

and NO

X

emissions in both States is described in the proposed rule entitled, “Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule” (70 FR 25408, May 12, 2005). Details on the PM

2.5

modeling platform, zero-out modeling technique, and procedures for calculating interstate contributions are provided in the report “Technical Support Document for the Final Clean Air Interstate Rule—Air Quality Modeling,” March 2005 (Docket Number OAR-2003-0053-2151). The 2010 Base Case emissions in Delaware and New Jersey and the procedures for calculating these emissions can be found in the report “Clean Air Interstate Rule Emissions Inventory Technical Support Document,” March 2005 (Docket Number OAR-2003-0053-2047).

The table below shows that the combined contribution of emissions of SO

2

and NO

X

from Delaware and New Jersey to annual average PM

2.5

concentrations in New York County, New York is projected to be 0.23 μg/m

3

, which is above the 0.2 μg/m

3

used in the CAIR as the air quality factor for assessing significance of contribution to downwind States' nonattainment

1

(70 FR 251723).

1

There are three counties in Pennsylvania for which the Delaware-New Jersey contributions are projected to be close to the 0.2 μg/m

3

air quality factor level. These are Lancaster and Philadelphia Counties (at 0.18 μg/m

3

), and Delaware County (at 0.19 μg/m

3

).

Contributions From SO

2

and NO

X

Emissions in Delaware and New Jersey to Annual Average PM

2.5

in Projected 2010 Nonattainment Counties in Other States Within the Eastern United States

Downwind Nonattainment Counties

State

County

PM

2.5

Contributions from DE + NJ (μg/m

3

)

Alabama

Jefferson Co

< 0.05

Alabama

Russell Co

< 0.05

District of Columbia

District of Columbia

0.09

Georgia

Bibb Co

< 0.05

Georgia

Clarke Co

< 0.05

Georgia

Clayton Co

< 0.05

Georgia

Cobb Co

< 0.05

Georgia

DeKalb Co

< 0.05

Georgia

Floyd Co

< 0.05

Georgia

Fulton Co

< 0.05

Georgia

Walker Co

< 0.05

Illinois

Cook Co

< 0.05

Illinois

Madison Co

< 0.05

Illinois

St. Clair Co

< 0.05

Indiana

Clark Co

< 0.05

Indiana

Dubois Co

< 0.05

Indiana

Lake Co

< 0.05

Indiana

Marion Co

< 0.05

Indiana

Vanderburgh Co

< 0.05

Kentucky

Fayette Co

< 0.05

Kentucky

Jefferson Co

< 0.05

Maryland

Anne Arundel Co

0.12

Maryland

Baltimore City

0.13

Michigan

Wayne Co

< 0.05

New York

New York Co

0.23

North Carolina

Catawba Co

< 0.05

North Carolina

Davidson Co

< 0.05

Ohio

Butler Co

< 0.05

Ohio

Cuyahoga Co

< 0.05

Ohio

Franklin Co

< 0.05

Ohio

Hamilton Co

< 0.05

Ohio

Jefferson Co

< 0.05

Ohio

Lawrence Co

< 0.05

Ohio

Mahoning Co

< 0.05

Ohio

Montgomery Co

< 0.05

Ohio

Scioto Co

< 0.05

Ohio

Stark Co

< 0.05

Ohio

Summit Co

< 0.05

Pennsylvania

Allegheny Co

< 0.05

Pennsylvania

Beaver Co

< 0.05

Pennsylvania

Berks Co

0.16

Pennsylvania

Cambria Co

< 0.05

Pennsylvania

Dauphin Co

0.11

Pennsylvania

Delaware Co

0.19

Pennsylvania

Lancaster Co

0.18

Pennsylvania

Philadelphia Co

0.18

Pennsylvania

Washington Co

< 0.05

Pennsylvania

Westmoreland Co

< 0.05

Pennsylvania

York Co

0.14

Tennessee

Hamilton Co

< 0.05

Tennessee

Knox Co

< 0.05

West Virginia

Berkeley Co

0.05

West Virginia

Brooke Co

< 0.05

West Virginia

Cabell Co

< 0.05

West Virginia

Hancock Co

< 0.05

West Virginia

Kanawha Co

< 0.05

West Virginia

Marion Co

< 0.05

West Virginia

Marshall Co

< 0.05

West Virginia

Ohio Co

< 0.05

West Virginia

Wood Co

< 0.05

We may place additional documents in the docket, and if we do so, we will announce their availability by posting a notice on the CAIR Web site:

http://www.epa.gov/cleanairinterstaterule.

B. Reopening of Comment Period For the May 12, 2005 Proposed Rule

The EPA has received a request to reopen the comment period for the May 12 proposal to be co-extensive with the comment period to this NODA. The EPA believes this request is reasonable and accordingly is reopening the period for comment until July 19, 2005.

Dated: June 21, 2005.

Mary E. Henigin,

Acting Director, Office of Air Quality Planning and Standards.

[FR Doc. 05-12706 Filed 6-27-05; 8:45 am]

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