[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Rules and Regulations]
[Pages 55321-55326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26959]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[MD44-1-3001a, MD44-2-3002a; FRL-5315-4]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; Redesignation of the Baltimore 
Carbon Monoxide Area to Attainment and Approval of the Area's 
Maintenance Plan and Emission Inventory; State of Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a maintenance plan and a request to 
redesignate the Baltimore carbon monoxide (CO) nonattainment area, 
which is located within the Baltimore City Central Business District 
(CBD) within the Baltimore Metropolitan Statistical Area. The 
maintenance plan and redesignation requests were submitted by the State 
of Maryland on September 20, 1995. Under the 1990 amendments of the 
Clean Air Act (CAA) designations can be revised if sufficient data is 
available to warrant such revisions. In this action, EPA is approving 
Maryland's request because it meets the maintenance plan and 

[[Page 55322]]
redesignation requirements set forth in the CAA. This action is being 
taken under section 110 of the CAA.

DATES: This action will become effective on December 15, 1995, unless, 
by November 30, 1995, adverse or critical comments are received. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 597-
6863.

SUPPLEMENTARY INFORMATION: On September 20, 1995, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of a maintenance plan, and a request to 
redesignate the Baltimore CO nonattainment area from nonattainment to 
attainment for carbon monoxide.

I. Background

    The Baltimore area was designated a CO nonattainment area under the 
Clean Air Act Amendments of 1990 (see 40 CFR 81.321). The National 
Ambient Air Quality Standard (NAAQS) for CO is 9.5 parts per million 
(ppm). Carbon monoxide nonattainment areas can be classified as 
moderate or serious, based on their design values. Since the Baltimore 
CO nonattainment area had a design value of 9.6 ppm (based on 1988 and 
1989 data), the area was classified as moderate. The CAA established an 
attainment date of December 31, 1995 for all moderate CO areas. The 
Baltimore area has ambient air quality monitoring data showing 
attainment of the CO NAAQS from 1989 through 1994. Therefore, in an 
effort to comply with the CAA and to ensure continued attainment of the 
NAAQS, on September 20, 1995 the State of Maryland submitted a CO 
redesignation request and a maintenance plan for the Baltimore area. 
Maryland submitted evidence that a public hearing was held on August 9, 
1995 in Baltimore on this revision to the State's SIP.

II. Evaluation Criteria

    Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides 
five specific requirements that an area must meet in order to be 
redesignated from nonattainment to attainment:
    1. The area must have attained the applicable NAAQS;
    2. The area must have a fully approved SIP under section 110(k) of 
CAA;
    3. The air quality improvement must be permanent and enforceable;
    4. The area must have a fully approved maintenance plan pursuant to 
section 175A of the CAA;
    5. The area must meet all applicable requirements under section 110 
and Part D of the CAA.

III. Review of State Submittal

    On September 20, 1995, EPA determined that the information received 
from the State of Maryland constituted a complete redesignation request 
under the general completeness criteria of 40 CFR part 51, appendix V, 
Secs. 2.1 and 2.2. Maryland's redesignation request for the Baltimore 
area meets the five requirements of section 107(d)(3)(E), noted above. 
The following is a brief description of how the State has fulfilled 
each of these requirements.

1. Attainment of the CO NAAQS

    Maryland has quality-assured CO ambient air monitoring data showing 
that the Baltimore area has met the CO NAAQS. The Maryland request is 
based on an analysis of quality-assured CO air monitoring data which is 
relevant to the maintenance plan and to the redesignation request. To 
attain the CO NAAQS, an area must have complete quality-assured data 
showing no more than one exceedance of the standard per year over at 
least two consecutive years. The ambient air CO monitoring data for 
calendar year 1989 through calendar year 1995, relied upon by Maryland 
in its redesignation request, shows no violations of the CO NAAQS in 
the Baltimore area during this time. Because the area has complete 
quality assured data showing no more than one exceedance of the 
standard per year over at least two consecutive years (1994 and 1995), 
the area has met the first statutory criterion of attainment of the CO 
NAAQS (40 CFR 50.8 and appendix C). Maryland has committed to continue 
monitoring in this area in accordance with 40 CFR part 58.

2. Fully Approved SIP Under Section 110(k) of the CAA

    Maryland's CO SIP is fully approved by EPA as meeting all the 
requirements of Section 110(a)(2)(I) of the Act, including the 
requirements of Part D (relating to nonattainment), which were due 
prior to the date of Maryland's redesignation request. Maryland's CO 
SIP was fully approved by EPA on September 19, 1984, at 40 CFR 
52.1070(c)(71), (49 FR 36645). The 1990 CAA required that nonattainment 
areas achieve specific new requirements depending on the severity of 
the nonattainment classification. Requirements for the Baltimore area 
included the preparation of a 1990 emission inventory with periodic 
updates, adoption of an oxygenated fuels program, the development of 
contingency measures, and development of conformity procedures. Each of 
these requirements added by the 1990 Amendments to the CAA are 
discussed in greater detail below.
    Consistent with the October 14, 1994 EPA guidance from Mary D. 
Nichols entitled ``Part D New Source Review (Part D NSR) Requirements 
for Areas Requesting Redesignation to Attainment,'' EPA is not 
requiring full approval of a Part D NSR program by Maryland as a 
prerequisite for redesignation to attainment. Under this guidance, 
nonattainment areas may be redesignated to attainment notwithstanding 
the lack of a fully-approved Part D NSR program, so long as the program 
is not relied upon for maintenance. Because the Baltimore area is being 
redesignated to attainment by this action, Maryland's Prevention of 
Significant Deterioration (PSD) requirements will be applicable to new 
or modified sources in the Baltimore area. Maryland has been delegated 
PSD authority (see Sec. 52.1116 Maryland, 45 FR 52741, August 7, 1980, 
as amended 47 FR 7835, February 23, 1982).
A. Emission Inventory
    On March 24, 1994, Maryland submitted a 1990 base year emissions 
inventory to EPA for review and approval. This inventory was used as 
the basis for calculations to demonstrate maintenance. Maryland's 
submittal contains the detailed inventory data and summaries by source 
category. Maryland's submittal also contains information related to how 
it comported with EPA's guidance, and which model and emissions factors 
were used (note, the MOBILE 5a model was used), how vehicle miles 
travelled (VMT) data was generated, and other technical information 
verifying the emission inventory. A summary of the base year and 
projected maintenance year inventories are shown in the following table 
in this section.
    Section 172(c)(3) of the CAA requires that nonattainment plan 
provisions 

[[Page 55323]]
include a comprehensive, accurate, and current inventory of actual 
emissions from all sources of relevant pollutants in the nonattainment 
area. Maryland included the requisite inventory in the redesignation 
request and maintenance plan SIP revision. The base year for the 
inventory was 1990, using a three month CO season of December 1990 
through February 1991. Stationary point sources, stationary area 
sources, on-road mobile sources, and off-road mobile sources of CO were 
included in the inventory. The following table, Table 1, presents a 
summary of the attainment year's (1990) and projected year's (2007) CO 
peak season daily emissions estimates in tons per winter day (tpd) by 
source category:

                Table 1.--CO Peak Season Daily Emissions                
------------------------------------------------------------------------
                                                    1990 Base     2007  
                                                      year     Projected
                                                    emissions  emissions
                                                    (tons per  (tons per
                                                      day)        day)  
------------------------------------------------------------------------
On-road Mobile...................................     1789.80     732.30
Off-road Mobile..................................      223.28     245.19
Area.............................................      116.47     145.74
Stationary.......................................      375.25     381.14
Total............................................     2504.8     1504.37
------------------------------------------------------------------------

    Available guidance for preparing emission inventories is provided 
in the General Preamble (57 FR 13498, April 16, 1992).
    Section 110(k) of the CAA sets out provisions governing the EPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section 187(a)(1). The EPA is granting 
approval of the Maryland 1990 base year CO emissions inventories as 
found in the Baltimore CO Redesignation Request, based on the EPA's 
technical review of the CO inventory. For further details on the 
emission inventory, the reader is referred to the Technical Support 
Document, which is available for review at the addresses provided 
above.
B. Oxygenated Gasoline
    Section 211(m) of the CAA requires that each State in which there 
is located a CO nonattainment area with a design value of 9.5 ppm or 
above based on data for the 2-year period of 1988 and 1989 shall submit 
a SIP revision which requires the implementation of an oxygenated 
gasoline program in the Consolidated Metropolitan Statistical Area 
(CMSA) or Metropolitan Statistical Area (MSA) in which the 
nonattainment area is located. The Baltimore area has a design value 
above 9.5 ppm based on 1988 and 1989 data and consequently was subject 
to the requirement to adopt an oxygenated fuel program. Maryland 
submitted an oxygenated gasoline SIP revision for the Baltimore MSA to 
EPA on November 13, 1992. EPA approved the SIP revision for Maryland on 
June 6, 1994. As noted in the Maryland redesignation request, the State 
has relegated the oxygenated fuel program to contingency status under 
the redesignation. Through emergency rulemaking procedures, Maryland 
modified these regulations to provide for the oxygenated gasoline 
control period to be required in future years as a contingency measure 
to ensure maintenance of the National Ambient Air Quality Standard 
(NAAQS) for CO. The rule change states that upon a monitored violation 
of the CO NAAQS (two or more exceedances of the CO NAAQS in a single 
calendar year), the oxygenated gasoline control period shall be 
reinstated. Under the amended regulations, a notice by July 1 of any 
year for an area would reinstate the oxygenated gasoline requirements 
beginning on November 1 of that year. This emergency regulation change 
is effective from September 13, 1995 through February 28, 1996. 
Maryland is currently pursuing permanent adoption of these regulations, 
and final adoption of the permanent rule change should become effective 
in January 1996.
    Maryland's maintenance demonstration, described below, asserts that 
oxygenated gasoline in the Baltimore MSA is not necessary for continued 
maintenance of the CO NAAQS. Consequently, EPA is approving Maryland's 
use of oxygenated gasoline as a contingency measure for the Baltimore 
area.
C. Conformity
    Under section 176(c) of the CAA, states were required to submit 
revisions to their SIPs that include criteria and procedures to ensure 
that Federal actions conform to the air quality planning goals in the 
applicable SIPs. The requirement to determine conformity applies to 
transportation plans, programs and projects developed, funded or 
approved under Title 23 U.S.C. or the Federal Transit Act 
(``transportation conformity''), as well as all other Federal actions 
(``general conformity''). Congress provided for the State revisions to 
be submitted one year after the date of promulgation of final EPA 
conformity regulations. EPA promulgated final transportation conformity 
regulations on November 24, 1993 (58 FR 62188) and final general 
conformity regulations on November 30, 1993 (58 FR 63214). These 
conformity rules require that the States adopt both transportation and 
general conformity provisions in the SIP for areas designated 
nonattainment or subject to a maintenance plan approved under CAA 
section 175A. Pursuant to Sec. 51.396 of the transportation conformity 
rule and Sec. 51.851 of the general conformity rule, the State of 
Maryland was required to submit a SIP revision containing 
transportation conformity criteria and procedures consistent with those 
established in the Federal rule by November 25, 1994. Similarly, 
Maryland was required to submit a SIP revision containing general 
conformity criteria and procedures consistent with those established in 
the Federal rule by December 1, 1994. Maryland submitted transportation 
conformity SIP revisions to EPA on May 16, 1995. Furthermore, Maryland 
submitted, on May 15, 1995, SIP revisions for general conformity.
    Although this redesignation request was submitted to EPA after the 
due dates for the SIP revisions for transportation conformity (58 FR 
62188) and general conformity (58 FR 63214) rules, EPA believes it is 
reasonable to interpret the conformity requirements as not being 
applicable requirements for purposes of evaluating the redesignation 
request under section 107(d). The rationale for this is based on a 
combination of two factors. First, the requirement to submit SIP 
revisions to comply with the conformity provisions of the Act continues 
to apply to areas after redesignation to attainment. Therefore, the 
State remains obligated to adopt the transportation and general 
conformity rules even after redesignation and would risk sanctions for 
failure to do so. While redesignation of an area to attainment enables 
the area to avoid further compliance with most requirements of section 
110 and part D, since those requirements are linked to the 
nonattainment status of an area, the conformity requirements apply to 
both nonattainment and maintenance areas. Second, EPA's federal 
conformity rules require the performance of conformity analyses in the 
absence of state-adopted rules. Therefore, a delay in adopting State 
rules does not relieve an area from the obligation to implement 
conformity requirements.
    Because areas are subject to the conformity requirements regardless 
of whether they are redesignated to attainment and must implement 
conformity under Federal rules if State rules are not yet adopted, EPA 
believes it is reasonable to view these requirements as not being 
applicable requirements for purposes of evaluating a redesignation 
request.
    Therefore, with this notice, EPA is modifying its national policy 
regarding 

[[Page 55324]]
the interpretation of the provisions of section 107(d)(3)(E) concerning 
the applicable requirements for purposes of reviewing a carbon monoxide 
redesignation request. Under this new policy, for the reasons just 
discussed, EPA believes that the CO redesignation request for the 
Baltimore area may be approved notwithstanding the lack of approved 
state transportation and general conformity rules.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

    EPA approved Maryland's CO SIP under the 1977 CAA. Emission 
reductions achieved through the implementation of control measures 
contained in that SIP are enforceable. Maryland cites the Federal Motor 
Vehicle Control Program (FMVCP) as the major source of reductions that 
led to attainment of the CO standard. Stationary sources have also been 
required to improve combustion efficiency through the Best Available 
Control Technology (BACT) requirements. Both of these measures are 
considered permanent and enforceable.
    As discussed above, the State initially attained the NAAQS in 1989 
with monitored attainment through 1994. This indicates that the 
improvements are due to the permanent and enforceable measures 
contained in the 1982 CO SIP.
    Maryland has demonstrated that actual enforceable emission 
reductions are responsible for the air quality improvement and that the 
CO emissions in the base year are not artificially low due to local 
economic downturn. EPA finds that the combination of certain existing 
EPA-approved SIP and federal measures contribute to the permanence and 
enforceability of reduction in ambient CO levels that have allowed the 
area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment.
    The plan must demonstrate continued attainment of the applicable 
NAAQS for at least ten years after the Administrator approves a 
redesignation to attainment. Eight years after the redesignation, the 
State must submit a revised maintenance plan which demonstrates 
attainment for the ten years following the initial ten-year period. To 
provide for the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, with a schedule for 
implementation adequate to assure prompt correction of any air quality 
problems. In this notice, EPA is approving the State of Maryland's 
maintenance plan for the Baltimore area because EPA finds that 
Maryland's submittal meets the requirements of section 175A.
A. Attainment Emission Inventory
    As previously noted, on March 24, 1994, Maryland submitted a 1990 
base year emissions inventory to EPA for review and approval. The 
inventory includes emissions from area, stationary, and mobile sources 
using 1990 as the base year for calculations.
    The State submittal contains the detailed inventory data and 
summaries by county and source category. The comprehensive base year 
emissions inventory was submitted in the National Emission Data System 
format. This inventory was prepared in accordance with EPA guidance.
    The 1990 inventory can be considered representative of attainment 
conditions because the CO NAAQS was not violated during 1990. Maryland 
established the 1990 inventory as the attainment inventory, and 
forecasted future emissions out to the year 2007 in its redesignation 
request. The State projected emissions for the end of the maintenance 
period using appropriate growth factors, consistent with EPA guidance. 
To project future emissions from mobile sources, MOBILE5a was used to 
assess the benefits gained from federally mandated control measures. 
Maryland assumed the following control programs, when projecting the 
inventory: FMVCP, the 1992 Reid Vapor Pressure Program, Tier 1 controls 
on new vehicles, Evaporative Emissions Control Program, Federal 
Reformulated Gasoline, Enhance Inspection & Maintenance, Low Emission 
Vehicles, Stage II Vapor Recovery, and On-Board Controls. Since these 
programs are either a) federal measures that are currently adopted or 
will be adopted in the future under the CAA, or b) state regulations 
which are currently approved into the SIP, they constitute appropriate 
assumptions for future modeling scenarios. Stationary source emissions 
and off-road mobile source emissions were projected using the 1990 base 
year inventory and multiplying with appropriate projection factors. The 
area source future emissions were projected using the 1990 base year 
inventory and multiplying the inventory with household, population, and 
employment growth factors from the Round 5 Cooperative forecasting 
process conducted by the Baltimore Metropolitan Council.
B. Demonstration of Maintenance-Projected Inventories
    Total CO emissions were projected from 1990 base year out to 2005 
and 2010, and then interpolated for the maintenance plan's projection 
year, 2007. These projected inventories were prepared in accordance 
with EPA guidance. Maryland will not implement the oxygenated fuel 
program in the Baltimore MSA unless a violation of the standard 
triggers the program for the following CO season.
    The projections show that calculated CO emissions, assuming no 
oxygenated fuels program, are not expected to exceed the level of the 
base year inventory during this time period. Therefore, it is 
anticipated that the Baltimore area will maintain the CO standard 
without the program, and the oxygenated fuel program will not need to 
be implemented following redesignation, except as a contingency 
measure.
C. Verification of Continued Attainment
    Continued attainment of the CO NAAQS in the Baltimore area depends, 
in part, on the State's efforts toward tracking indicators of continued 
attainment during the maintenance period. In addition, comprehensive 
reviews will be conducted periodically of the factors used to develop 
the attainment inventories and those used to project CO emissions 
levels for 2007. If any of the localities find significant differences 
between actual and projected growth, updated emission inventories will 
be developed to compare with the projections.
D. Contingency Plan
    The level of CO emissions in the Baltimore area will largely 
determine its ability to stay in compliance with the CO NAAQS in the 
future. Despite the State's best efforts to demonstrate continued 
compliance with the NAAQS, the ambient air pollutant concentrations may 
exceed or violate the NAAQS. Section 175(A)(d) of the CAA requires that 
the contingency provisions include a requirement that the State 
implement all measures contained in the SIP prior to redesignation. 
Therefore, Maryland has provided for oxygenated fuels as a contingency 
measure in the event of a future CO air quality problem. The plan 
contains an acceptable triggering mechanism (a violation of the CO 
standard) to determine when the contingency measure is needed.
    Maryland has changed its oxygenated fuel rule, through emergency 
rulemaking procedures, to require oxygenated gasoline as a contingency 

[[Page 55325]]
measure for the purposes of redesignation. Maryland has also provided a 
schedule to EPA for the permanent adoption of the oxygenated fuel 
regulation change. EPA finds this an acceptable contingency measure 
which fulfills the requirements of section 175(A)(d).
E. Subsequent Maintenance Plan Revisions
    In accordance with section 175A(b) of the CAA, the State must 
submit a revised maintenance SIP eight years after the area is 
redesignated to attainment. Such a revised SIP will provide for 
maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

    In Section III.2. above, EPA sets forth the basis for its 
conclusion that Maryland has a fully approved SIP which meets the 
applicable requirements of Section 110 and Part D of the CAA.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective December 15, 1995, unless, by November 30, 1995, adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on December 15, 1995.

Final Action

    EPA is approving the Baltimore area CO maintenance plan because it 
meets the requirements set forth in section 175A of the CAA. In 
addition, the Agency is approving the request and redesignating the 
Baltimore CO nonattainment area to attainment, because the State has 
demonstrated compliance with the requirements of section 107(d)(3)(E) 
for redesignation. EPA is also approving Maryland's 1990 base year CO 
emissions inventory for the Baltimore MSA, as found in the State's 
redesignation request and maintenance plan. The EPA is publishing this 
action without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
the EPA is proposing to approve the SIP revision should adverse or 
critical comments be filed. This action will be effective December 15, 
1995, unless, by November 30, 1995, adverse or critical comments are 
received. If the EPA receives such comments, this action will be 
withdrawn before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
then be addressed in a subsequent final rule based on this action 
serving as a proposed rule. The EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time. If no such comments are received, the 
public is advised that this action will be effective December 15, 1995.
    Nothing in this action should be construed as permitting, allowing, 
or establishing a precedent for any future request for revision to any 
state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. The 
Administrator certifies that the approval of the redesignation request 
will not affect a substantial number of small entities.
    The CO SIP is designed to satisfy the requirements of part D of the 
CAA and to provide for attainment and maintenance of the CO NAAQS. This 
final redesignation should not be interpreted as authorizing the State 
to delete, alter, or rescind any of the CO emission limitations and 
restrictions contained in the approved CO SIP. Changes to CO SIP 
regulations rendering them less stringent than those contained in the 
EPA approved plan cannot be made unless a revised plan for attainment 
and maintenance is submitted to and approved by EPA. Unauthorized 
relaxations, deletions, and changes could result in both a finding of 
non-implementation (section 179(a) of the CAA) and in a SIP deficiency 
call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP 
approval does not impose any new requirements, it does not have any 
economic impact on any small entities. Redesignation of an area to 
attainment under section 107(d)(3)(E) of the CAA does not impose any 
new requirements on small entities.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 

[[Page 55326]]
2214-2225), as revised by a July 10, 1995 memorandum from Mary Nichols, 
Assistant Administrator for Air and Radiation. The Office of Management 
and Budget (OMB) has exempted this regulatory action from E.O. 12866 
review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 2, 1996. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. This rulemaking redesignating the Baltimore CO 
nonattainment area to attainment, approving the maintenance plan 
submitted by the Maryland Department of the Environment on September 
20, 1995, and approving the CO emissions inventory submitted on March 
24, 1994 may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Air pollution control.


    Dated: September 29, 1995.
W. Michael McCabe,
Regional Administrator, Region III.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:


    Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(117) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (117) The carbon monoxide redesignation request and maintenance 
plan for the Baltimore Carbon Monoxide nonattainment area, submitted by 
the Maryland Department of the Environment on September 20, 1995, as 
part of the Maryland SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of September 20, 1995 from the Maryland Department of 
the Environment requesting the redesignation and submitting the 
maintenance plan.
    (B) The ten year carbon monoxide maintenance plan for the Baltimore 
Carbon Monoxide nonattainment area adopted on August 31, 1995.
    (ii) Additional material.
    (A) Remainder of September 20, 1995 State submittal.
    3. Section 52.1075 is added to read as follows:


Sec. 52.1075  1990 base year emission inventory for carbon monoxide.

    EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Baltimore 
Metropolitan Statistical Area, submitted by the Secretary, Maryland 
Department of the Environment, on September 20, 1995. This submittal 
consists of the 1990 base year stationary, area, off-road mobile and 
on-road mobile emission inventories in the Baltimore Metropolitan 
Statistical Area for the pollutant, carbon monoxide (CO).

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:


    Authority: 42 U.S.C. 7401-7671q.

Subpart C--Section 107 Attainment Status Designations

    2. In Sec. 81.321, the table for ``Maryland-Carbon Monoxide'' is 
amended by revising the entry for ``Baltimore Area Baltimore City 
(part) Regional Planning District No. 118'' to read as follows:


Sec. 81.321  Maryland.

* * * * *

                                            Maryland--Carbon Monoxide                                           
----------------------------------------------------------------------------------------------------------------
                                                             Designation                        Classification  
            Designated area            -------------------------------------------------------------------------
                                                 Date \1\                     Type            Date \1\    Type  
----------------------------------------------------------------------------------------------------------------
Baltimore Area Baltimore city (part)    [insert date 45 days       Attainment...............  ........  ........
 Regional Planning District No. 118      after publication date].                                               
 (generally corresponding to the                                                                                
 Central Business District).                                                                                    
                                                                                                                
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\1\ This date is November 15, 1990, unless otherwise noted.                                                     

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[FR Doc. 95-26959 Filed 10-30-95; 8:45 am]
BILLING CODE 6560-50-P