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

Agency: Environmental Protection Agency (EPA)
Action: Notice of data availability (NODA) and reopening of public comment period
Citation: FR Doc. 05-12706 · RIN 2060-AM95 · OAR-2003-0053; FRL-7927-9 · 40 CFR 51, 72, 73, 74, 77, 78, 96

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.

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]