[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5252-5258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2173]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD059-3049a; FRL-6530-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland, Post-1996 Rate of Progress Plan for Cecil County and 
Revisions to the 1990 Base Year Emissions Inventory

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  EPA is taking direct final action on revisions to the State 
of Maryland State Implementation Plan (SIP). This revision establishes 
the three percent per year emission reduction rate-of-progress 
requirement for the period from 1996 through 1999 for the Maryland 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment 
area, namely Cecil County, Maryland. EPA is also

[[Page 5253]]

approving revisions to the 1990 base year inventory of ozone precursor 
emissions submitted by the State of Maryland for Cecil County. EPA is 
approving these revisions to the Maryland SIP in accordance with the 
requirements of the Clean Air Act.

DATES:  This rule is effective on April 3, 2000 without further notice, 
unless EPA receives adverse written comment by March 6, 2000. 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:  Written comments may be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103 and the Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore, 
Maryland, 21224.

FOR FURTHER INFORMATION CONTACT:  Kristeen Gaffney, (215) 814-2092. Or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Cecil County, Maryland is part of the Philadelphia-Wilmington-
Trenton severe ozone nonattainment area. The Clean Air Act requires 
states with severe ozone nonattainment areas to develop plans to reduce 
emissions of volatile organic compounds (VOCs) from a 1990 baseline by 
three percent per year averaged over each consecutive three year period 
through the area's attainment date. This is known as the rate-of-
progress (ROP) requirement. The first round of required ROP reductions 
cover the period 1990-1996 and is commonly known as the 15% ROP plan. 
The second round of required VOC reductions is commonly known as the 
Post-1996 ROP plan because it covers the three year time period from 
1996-1999. The Post-1996 ROP plan, was due by November 15, 1994 and the 
reductions were to be achieved by November 15, 1999. The Clean Air Act 
also allows for the substitution of emission reductions of nitrogen 
oxides (NOx) occurring after 1990 for the Post-1996 VOC rate-of-
progress requirements. To qualify for SIP credit under rate of progress 
plans, emission reduction measures, whether mandatory under the Act or 
adopted at the state's discretion, must ensure real, permanent, and 
enforceable emissions reductions.
    On March 2, 1995, Assistant Administrator for Air and Radiation, 
Mary D. Nichols, issued a policy memorandum providing guidance to the 
states on an alternative approach for meeting the attainment 
demonstration and rate-of-progress requirements of the Clean Air Act. 
The policy memorandum established a phased approach for the submittal 
of the attainment demonstration. Under the first phase, states were to 
submit a plan with specific control measures, including a plan to show 
at least a 9% ROP reduction by 1999; interim assumptions or modeling 
about ozone transport; and enforceable commitments to: (1) Participate 
in a consultative process to address regional transport, (2) adopt 
additional control measures as necessary to attain the ozone national 
ambient air quality standard, and (3) identify any reductions that are 
needed from upwind areas for the area to meet the ozone standard.
    On December 24, 1997, the Maryland Department of Environment (MDE) 
submitted a SIP for the Phase 1 attainment plans for the Baltimore 
nonattainment area and Cecil County. Maryland's Phase 1 attainment plan 
submittal contained the Post-1996 ROP requirements; revisions to the 
1990 base year inventories for the Baltimore nonattainment area and 
Cecil County; revisions to the 15% ROP plans for Baltimore and Cecil 
County; and enforceable commitments to address the first phase of the 
attainment plan as discussed above. This rulemaking only addresses the 
Post-1996 ROP plan and 1990 base year inventory revisions for the 
Maryland portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area, namely Cecil County, Maryland.
    On August 17, 1998, MDE submitted additional information and 
revised mobile emissions modeling for the December 24, 1997 Post-1996 
ROP submittal. The revised information was included in Maryland's Phase 
II attainment plan for the Baltimore nonattainment area and Cecil 
County. Specifically, the August 17, 1998 submittal requested that the 
chapter on conformity, including mobile source emission budgets, and 
Appendix E, including the target levels, emission estimates, projection 
year estimates and reduction credit estimates contained in the original 
Phase 1 plan be replaced by the information contained in the August 17, 
1998 Phase 2 attainment plan submittal. For this rulemaking action, EPA 
has evaluated the portions of Maryland's August 17, 1998 submittal that 
relate to revisions to the Post-1996 ROP plan for the Maryland portion 
of the Philadelphia-Wilmington-Trenton ozone nonattainment area, namely 
Cecil County, Maryland.

II. Base Year Inventory Revisions

    Maryland submitted the original 1990 base year emissions inventory 
for Cecil County as a SIP revision on March 21, 1994. EPA approved the 
base year inventory into the SIP on September 27, 1996 (61 FR 50715). 
As part of the Phase 1 attainment plan submittal of December 24, 1997, 
Maryland is revising certain portions of the 1990 base year inventory 
because of refinements, such as updated information on point source 
emissions, and to correct certain errors in the inventory found while 
auditing the inventory in preparation for the attainment demonstration 
modeling.
    EPA is approving the revisions to the 1990 base year inventory for 
the Cecil County. Table 1 below illustrates the inventory revisions 
that will be approved into the Maryland SIP. A more detailed 
description of the changes to Maryland's base year inventories and 
EPA's evaluation are included in the technical support document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document.

                                           Table 1.--Revised Base Year Inventory for Cecil County in Tons/Day
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     NOX
                                                                   VOC previously    VOC revised      Change      previously    NOX revised     Change
                                                                      approved                                     approved
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mobile Sources...................................................            7.2             7.2            0             9.3            9.3          0
Point Sources....................................................             .55             .6            0             0              0            0
Non-road Sources.................................................            2.02            2.0        (+.02)            2.5            2.6       (+.1)
Area sources.....................................................            9.23            8.7        (-.52)            1.1            1.8       (+.7)

[[Page 5254]]

 
Biogenic Sources.................................................           32.96           32.96           0            NA             NA           NA
                                                                  --------------------------------------------------------------------------------------
    Total........................................................           51.96           51.46        (-.5)           12.9           13.7       (+.8)
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Post-1996 Rate-of-Progress Plan

A. Calculation of Needed Reductions

    The first step in demonstrating ROP is to determine the target 
level of allowable emissions in the given target year. The target level 
of emissions represents the maximum amount of emissions that can be 
emitted in a nonattainment area in the given target year, which in this 
case is 1999. The Clean Air Act allows states to substitute 
NOX emission reductions that occur after 1990 for VOC 
emission reductions in the Post-1996 ROP plan. Rate-of-progress is 
demonstrated when the sum of all creditable VOC and NOX 
emission reductions equal at least 3% per year averaged over the three 
year period 1996-1999, or for a total of 9%. If a state wishes to 
substitute NOX for VOC emission reductions, then a target 
level of emissions demonstrating a representative combined 9% emission 
reduction in VOC and NOX emissions must be developed for the 
year 1999. MDE has established 1999 target levels for both VOC and 
NOX emissions for Cecil County. However, the rate-of-
progress control scenario for Cecil County is based on a 9% VOC and a 
0% NOX reduction strategy. Because enough VOC emission 
reductions exist to demonstrate the full 9% reduction, Maryland assumed 
no NOX emission reductions to demonstrate rate-of-progress. 
Any NOX emission reductions associated with Maryland's 
control strategies are considered surplus for the purposes of 
demonstrating rate-of-progress for 1999.
    To calculate the target level of emissions, the percentage of 
required emission reductions is subtracted from the previously 
established ROP target level, which in this case would be the 15% ROP 
plan. For VOCs, the 1999 rate-of-progress VOC target level is based on 
the 1996 VOC target level calculated in the 15% ROP plan. EPA approved 
the 1996 VOC target level for Cecil County (14.1 tons per day or TPD) 
when it approved the Cecil County 15% ROP plan on July 29, 1997 (62 FR 
40457). For NOX, there is no previously established ROP 
target level, so the 1999 target level is calculated from the 1990 base 
year inventory. The target level calculations for Cecil County for the 
year 1999 are taken from the August 17, 1998 Phase 2 attainment plan 
SIP submittal and are presented below.

------------------------------------------------------------------------
                                                          Tons     Day
------------------------------------------------------------------------
                            VOC Target Level
------------------------------------------------------------------------
1990 Base Year Inventory..............................  .......     51.5
    (Minus biogenic emissions 33.0 TPD)...............    -33.0
1990 Rate of Progress Base Year Inventory.............  .......     18.5
    (Minus non-creditable FMVCP/RVP \1\ 1990-1999)....     -2.1
1990 Adjusted Base Year Inventory.....................  .......     16.4
    9% Required Reduction (1996-1999).................     *.09
Rate of Progress Emission reduction requirement.......  .......      1.5
        Fleet Turnover Calculation:
            1999 emissions............................      2.1
            1996 emissions............................     -2.1
                                                       ---------
        Fleet Turnover correction                           0.0
1996 Target Level.....................................  .......     14.1
    Minus Emission Reduction Requirement..............     -1.5
    Minus Fleet Turnover Correction...................     -0.0
                                                       ---------
1999 VOC Target Level.................................  .......     12.6
------------------------------------------------------------------------
                            NOX Target Level
------------------------------------------------------------------------
1990 Base Year Inventory..............................  .......     13.7
    (Minus non-creditable FMVCP/RVP 1990-1999)........     -1.7
1990 Adjusted Base Year Inventory.....................  .......     12.0
    9% Required Reduction (1996-1999).................      0.0
Rate of Progress Emission reduction requirement.......  .......      0.0
        Fleet Turnover Calculation:
            1999 emissions............................      1.7
            1996 emissions............................     -1.7
                                                       ---------
        Fleet Turnover correction                       .......      0.0
1990 Adjusted Base Year Inventory.....................  .......     12.0
    Minus Emission Reduction Requirement..............     -0.0
    Minus Fleet Turnover Correction...................     -0.0
                                                       ---------

[[Page 5255]]

 
1999 NOX Target Level.................................  .......    12.0
------------------------------------------------------------------------
\1\ The 1990 adjusted base year inventory excludes from the baseline the
  emissions that would be eliminated by the Federal Motor Vehicle
  Control Program (FMVCP) and Reid Vapor Pressure (RVP) regulations
  promulgated prior to enactment of the 1990 Clean Air Act amendments.

    Maryland has correctly calculated the 1999 target level of 
emissions for Cecil County following EPA's guidance.

B. Growth Projections

    In addition to achieving a 9% reduction in existing emissions, the 
state's control strategy must also offset any new emissions growth 
projected to occur between 1996 and 1999. Therefore, states must 
project their emission inventories to estimate emissions growth between 
1996 and 1999 (the ROP year for the Post-1996 plan). The projected 
inventories must reflect expected growth in activity, as well as 
regulatory actions which will affect emission levels.
    EPA guidance on projecting emissions growth suggests that emission 
projections for point sources can be based on information obtained 
directly from facilities and/or permit applications. Area and mobile 
source emission projections may be developed from information from 
local planning agencies. In the absence of source-specific data, 
credible growth factors must be developed from accurate forecasts of 
economic variables and the activities associated with the variables. 
Economic variables that may be used as indicators of activity growth 
are: product output, value added, earnings, and employment. Population 
can also serve as a surrogate indicator.
    Economic data and models which provide acceptable growth factors 
for emission projections include the U.S. Department of Commerce Bureau 
of Economic Analysis (BEA) forecasts for states and metropolitan 
statistical areas; the Economic Growth Analysis System (E-GAS), which 
models economic growth and estimates corresponding increases in 
emissions-producing activity; and the Emissions Preprocessor System for 
urban airshed modeling, which produces spatially and temporally 
resolved emission inventories for input into urban airshed models.
1. Point Source Growth
    Cecil County is rural in nature, lacks a base of heavy industry and 
has no existing major point sources of NOX. Therefore, 
Maryland predicts no growth in either VOC or NOX point 
source emissions between 1996 and 1999.
2. Area Source Growth
    Growth factors from the BEA were used for area sources. Maryland 
chose BEA over E-GAS for area source growth estimates, because two area 
source categories, consumer and commercial products and new motor 
vehicle refinishing were projected by E-GAS to decrease over the next 
ten years due to a predicted population decrease. Because this directly 
contradicts industry projections and Maryland's expectations, E-GAS was 
not used for area source predictions. The use of BEA or E-GAS is 
acceptable.
3. Mobile Source Growth
    Mobile source growth in Cecil County is based on vehicle miles 
traveled (VMT) trends from 1986-1991. The 1990 base year inventory for 
Cecil County was based on Highway Performance Monitoring System data 
because the county is not part of an urban transportation network. The 
Maryland Department of Transportation and the Wilmington Area Planning 
Council have developed a link-based transportation modeling technique 
to provide a detailed analysis of travel patterns in the Cecil County-
Wilmington area. Mobile source emissions estimates and VOC target 
levels for 1999 were developed using the link-based travel estimates. 
This is an acceptable approach.
4. Non-Road Mobile Source Growth
    Maryland used E-GAS growth factors for determining future emissions 
of non-road sources. These inventories were estimated as a product of 
equipment population, activity rates and emission factors. Population 
and value added were also used as surrogate indicators where 
appropriate. Emissions were projected by multiplying 1990 emissions by 
the E-GAS growth factor.
    Maryland has used appropriate methodology to project emissions 
growth in all source categories. The growth estimates are approvable. 
The projection year inventories for 1999 for Cecil County are shown in 
Table 2 below. Total 1999 growth projections for VOCs are 2.9 TPD and 
3.4 TPD for NOX.

                Table 2.--Projection Year (Uncontrolled) Inventories for Cecil County (Tons/Day)
----------------------------------------------------------------------------------------------------------------
                                                   1990 VOC        1999 VOC         1990 NOX         1999 NOX
                Source category                    baseline        projected        baseline        projected
----------------------------------------------------------------------------------------------------------------
Point.........................................             0.6             0.6              0                0
Mobile........................................             7.2             9.5              9.3             12.4
Non-road......................................             2.0             2.3              2.6              2.8
Area..........................................             8.7             9.0              1.8              1.9
                                               -----------------------------------------------------------------
    Total.....................................            18.5            21.4             13.7             17.1
----------------------------------------------------------------------------------------------------------------

C. Evaluation of Control Measures

    The purpose of the Post-1996 ROP plan is to demonstrate how the 
State has reduced emissions 3% per year between the years 1996 and 
1999, for a 9% total reduction. In general, reductions toward ROP 
requirements are creditable provided the control measures occurred 
after 1990 and before November 15, 1999 and are real, permanent, 
quantifiable and federally enforceable. A short description of each of 
the control measures implemented by Maryland follows.
1. Stationary Source Controls
    a. Seasonal Open Burning Ban. On May 1, 1995, Maryland instituted a 
ban on open burning during the peak ozone season in Maryland's severe 
and serious ozone nonattainment areas. Maryland considers the months of 
June, July, and August the peak ozone season, because that is when 
ambient levels of ozone in Maryland are usually the highest. During the 
peak ozone season, the practice of burning for the disposal of brush 
and yard waste as a method of land clearing has been banned. This ban 
on open burning reduces both VOC and NOX emissions. EPA 
approved Maryland's open burning ban (COMAR

[[Page 5256]]

26.11.07) into the SIP on January 31, 1997. MDE estimates 4.4 TPD VOC 
and 0.9 TPD NOX emission reductions from the open burning 
ban in Cecil County. These reductions are creditable in the Post-1996 
Plan.
    b. Consumer and Commercial Products National Rule. On September 11, 
1998, EPA issued a final rule (63 FR 48819) to reduce the VOC content 
of 24 categories of household consumer and commercial products by 20% 
from levels emitted in 1990. The regulation applies to 24 types of 
household consumer products, such as cleaning products, personal care 
products, and a variety of insecticides. EPA policy allows states to 
claim up to a 20% reduction of total consumer product emissions towards 
the ROP requirement. Maryland claimed a 20% reduction from their 1999 
projected uncontrolled consumer and commercial products emissions in 
the Post-1996 ROP plan in Cecil County. EPA has determined that 0.1 TPD 
VOCs in Cecil County are creditable emission reductions.
    c. Stage I Vapor Recovery. Stage I vapor recovery systems control 
vapor emissions at gasoline dispensing facilities that result from 
unloading gasoline from a tank truck into a storage tank. The vapors 
displaced in the storage tank by the liquid gasoline are retrieved into 
the tank truck and transported back to the refinery. Stage 1 vapor 
recovery controls were implemented in Cecil County on April 26, 1992. 
EPA approved Maryland's Stage I vapor recovery regulation into the 
Maryland SIP (60 FR 2018). Maryland claimed 0.8 TPD VOCs emission 
reductions in 1999 for Cecil County, which are creditable toward the 
Post-1996 ROP plan.
    d. Autobody Refinishing. Maryland adopted an autobody refinishing 
regulation, COMAR 26.11.19.23, to control VOC emissions emanating from 
the evaporation of solvents used in the coating, drying and clean-up 
process. Maryland's regulation was approved into the SIP on August 4, 
1997 (62 FR 41853). From this regulation, Maryland claimed a reduction 
of 0.2 TPD VOC emissions in Cecil County, which are creditable toward 
the ROP requirement.
    e. Architectural and Industrial Maintenance (AIM) Coatings 
Reformulation. On September 11, 1998, EPA promulgated a national rule 
(63 FR 48848) for reducing VOCs emissions from architectural and other 
industrial coatings. Architectural coatings are commonly applied by 
consumers and contractors, and include exterior and interior paints, 
industrial maintenance coatings, wood and roof coatings, primers, and 
traffic paints. Manufacturers and importers are required to comply with 
requirements by September 1999. States are allowed to assume a 20% 
reduction in VOCs from 1990 emission levels in their ROP plans. 
Maryland claimed a 20% reduction in VOC emissions in Cecil County or 
0.2 TPD. These emission reductions are creditable in the Post-1996 ROP 
plan.
    f. Surface Cleaning and Degreasing. This measure strengthens an 
existing Maryland regulation for surface cleaning (also called cold 
cleaning and degreasing) devices and operations to require more 
stringent emission control requirements and enlarges the field of 
applicable sources. This regulation controls VOC emissions from surface 
cleaning/degreasing operations, such as gasoline stations, autobody 
paint shops and machine shops that fall into the area source category. 
Maryland's surface cleaning and degreasing regulation (COMAR 
26.11.19.09) was approved into the SIP on August 4, 1997 (62 FR 41853). 
In Cecil County, 0.2 TPD VOC emission reductions achieved through this 
measure are creditable.
2. Mobile Source Controls
    a. Federal Motor Vehicle Control Program--Tier I.  The Clean Air 
Act required EPA to issue federal emission standards for new motor 
vehicles. The Tier I motor vehicle standards were promulgated on June 
5, 1991 (56 FR 25724) and include exhaust (``tailpipe'') emission 
standards and better evaporative emission controls demonstrated through 
new federal evaporative test procedures. Both VOC and NOX 
emissions from passenger vehicles and light-duty trucks are reduced as 
a result of these standards. Tier I standards were phased in beginning 
with model year 1994 vehicles. Emission reductions associated with Tier 
1 standards can be determined through use of EPA's mobile emissions 
model, MOBILE5b. The following emission reductions from Tier 1 
standards are creditable through 1999 in Cecil County: VOCs 0.2 TPD and 
NOX 0.8 TPD.
    b. Enhanced Inspection and Maintenance Program.  Under section 182 
of the Act, Maryland was required to adopt an enhanced inspection and 
maintenance (I/M) program. Enhanced I/M programs reduce the emissions 
created by vehicles through periodic testing and, if needed, repair of 
the vehicle's tailpipe emissions and evaporative systems. Maryland has 
adopted regulations and began implementing the enhanced I/M program in 
1997. EPA approved Maryland's enhanced I/M program on October 29, 1999 
(64 FR 58340). Emission reductions associated with enhanced I/M can be 
determined through use of EPA's mobile emissions model MOBILE5b. 
Maryland claimed creditable emission reductions of 1.8 TPD of VOCs and 
1.4 TPD of NOX in Cecil County from the enhanced I/M 
program.
    c. Reformulated Gasoline Federal Rule--Phase 1. The Act requires, 
beginning January 1, 1995, that only reformulated gasoline (RFG) be 
sold or dispensed in ozone nonattainment areas classified as severe or 
worse. Gasoline for use in motor vehicles is reformulated to reduce VOC 
combustion by-products and to produce fewer evaporative VOC emissions. 
The Act requires a reduction in VOC and toxic emissions from gasoline 
of 15% over base year levels beginning in 1995 and a 25% requirement 
beginning in the year 2000 (Phase 2 RFG). The RFG program was 
implemented by EPA through a national rule (59 FR 7716). Cecil County 
is designated as a severe nonattainment area and, therefore, subject to 
RFG requirements. Emission reductions associated with RFG can be 
determined through use of EPA's mobile emissions model MOBILE5b. 
Maryland has claimed 0.3 TPD creditable VOC emission reductions 
associated with Phase 1 RFG in Cecil County.
    d. Stage II Gasoline Vapor Recovery.  The Act requires all owners 
and operators of gasoline dispensing systems in moderate and above 
ozone nonattainment areas to install and operate a system for gasoline 
vapor recovery (known as Stage II) of emissions from the fueling of 
motor vehicles. Stage II vapor recovery reduces the VOC emissions 
during the refueling of motor vehicles at gasoline service stations. 
The Stage II vapor recovery nozzles at gasoline pumps capture the 
gasoline-rich vapors displaced by liquid fuel during the refueling 
process. EPA approved Maryland's Stage II regulation, COMAR 26.11.24, 
on June 9, 1994. Stage II is a creditable measure in counties where 
these controls were not required before 1990. Emission reductions 
associated with Stage II Vapor Recovery and On Board Vapor Recovery 
systems can be determined through use of EPA's mobile emissions model 
MOBILE5b. In Cecil County, 0.3 TPD are creditable VOC reductions.
3. Non-Road Mobile Source Controls
    a. Non-Road Small Gasoline Engines. In July 1995, EPA finalized the 
first federal regulations affecting small non-road spark-ignition (SI) 
engines at or below 19 kilowatts (kW), or 25

[[Page 5257]]

horsepower. The standards set allowable exhaust levels for 
hydrocarbons, carbon monoxide, and NOX from small engines of 
25 HP or less. The regulations took effect for most new handheld 
(chainsaws and leaf blowers, etc.) and non-handheld (lawn mowers, 
garden tractors, tillers, etc.) engines beginning in model year 1997 
and are expected to result in a 32% reduction in hydrocarbon emissions 
from these engines. On November 24, 1994, EPA issued a guidance 
memorandum to states regarding calculation of the emission reduction 
benefit of various non-road engine standards for the purposes of rate-
of-progress planning. See ``Future Non-road Emission Reduction Credits 
for Court-Ordered Non-road Standards'', from Philip A. Lorang, 
Director, Emission Planning and Strategies Division. This memorandum 
advised states to assume in 1999 a 22.9% reduction in VOCs for the non-
road portion of the inventory affected by these standards. Maryland has 
claimed 0.4 TPD reduction in VOC emissions from this control measure.
    b. Non-Road Heavy Duty Diesel Engines. EPA promulgated final 
regulations applicable to non-road compression-ignition engines at or 
above 37 kilowatts on June 17, 1994 (59 FR 31306). These emissions 
standards affect non-road engines over 50 horsepower (such as 
bulldozers) and are being phased-in from 1996 to 2000 based on engine 
power. According to the November 24, 1994 Philip Lorang memorandum, 
states should assume in 1999 a 7.8% reduction in NOX for the 
non-road portion of the inventory affected by the non-road heavy duty 
diesel standards. Maryland has claimed 0.2 TPD reduction in NOX 
emissions in 1999 from this control measure.
    Table 3 below summarizes the emission reductions from the control 
measures used in the Cecil County Post-1996 ROP plan.

                               Table 3.--Cecil County Post-1996 ROP Plan Measures
----------------------------------------------------------------------------------------------------------------
                                                   1999 VOC        1999 NOX
                    Measure                        reduction       reduction               Creditable
                                                     (TPD)           (TPD)
----------------------------------------------------------------------------------------------------------------
Architectural Coatings........................             0.2  ..............  Yes.
Consumer and Commercial Products..............             0.1  ..............  Yes.
Autobody Refinishing..........................             0.2  ..............  Yes.
Surface Cleaning..............................             0.2  ..............  Yes.
Stage 1 Vapor Recovery........................             0.8  ..............  Yes.
Tier 1 Federal Motor Vehicle Standards........             0.2             0.8  Yes.
Enhanced I/M..................................             1.8             1.4  Yes.
Reformulated Gasoline.........................             0.2  ..............  Yes.
Stage 2 Vapor Recovery........................             0.3  ..............  Yes.
Non-road Heavy Duty Diesel Engine Standards...  ..............             0.2  Yes.
Non-road Small Gas Engine Standards...........             0.4                  Yes.
Open Burning..................................             4.4             0.9  Yes.
                                               -----------------------------------------------------------------
    Total.....................................             8.8             3.3
----------------------------------------------------------------------------------------------------------------

D. Summary of Evaluation

    Maryland's rate-of-progress requirements for Cecil County are 
summarized in Table 4.

                                 Table 4
------------------------------------------------------------------------
                                                VOC             NOX
------------------------------------------------------------------------
Projected 1999 Uncontrolled Emissions...            22.2            17.4
Reductions From Creditable Measures                  8.8             3.3
 (includes growth)......................
Reductions from FMVCP/RVP...............             3.7             2.7
Emissions Level Obtained in 1999........             9.7            11.4
Projected 1999 Target Level.............            12.6            12.0
Surplus.................................             2.9             0.6
------------------------------------------------------------------------

    EPA's review of Maryland's submittal indicates that the State has 
adopted and implemented adequate measures in the Cecil County to 
achieve the goal of a 9% reduction in ozone precursor emissions between 
1996 and 1999. EPA is approving the Post-1996 ROP plan for the Cecil 
County portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. Additionally, EPA is approving revisions to the 
1990 base year inventory for Cecil County. EPA has determined that the 
requested revisions to the inventory satisfy the relevant requirements 
of the Act and EPA guidance on inventory development.
    EPA is publishing this rule without prior proposal because the 
Agency 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 Post-1996 ROP Plan for Cecil County if 
adverse comments are filed. This rule will be effective on April 3, 
2000 without further notice unless EPA receives adverse comment by 
March 6, 2000. 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

[[Page 5258]]

interested in commenting must do so at this time.

IV. Final Action

    EPA is approving the Post-1996 ROP plan for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area, submitted by the State of Maryland on December 24, 
1997, as modified on August 17, 1998. EPA is also approving revisions 
to 1990 base year VOC and NOX emission inventories for Cecil 
County submitted by the State of Maryland on December 24, 1997.

V. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

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 rule 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. This rule 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 Clean Air Act, petitions for 
judicial review of this action to approve Maryland's Post-1996 ROP plan 
for Cecil County must be filed in the United States Court of Appeals 
for the appropriate circuit by April 3, 2000. 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 action 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, Hydrocarbons, 
Nitrogen dioxide, Ozone.

    Dated: January 14, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.

    40 CFR part 52 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 et seq.

Subpart V--Maryland

    2. Section 52.1075 is amended by adding paragraph (h) to read as 
follows:


Sec. 52.1075  1990 base year emission inventory.

* * * * *
    (h) EPA approves revisions to the Maryland State Implementation 
Plan amending the 1990 base year emission inventories for the Cecil 
County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area, submitted by the Secretary of Maryland Department 
of the Environment on December 24, 1997. This submittal consists of 
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds 
and nitrogen oxides in the Cecil County portion of the Philadelphia-
Wilmington-Trenton ozone nonattainment area.

    3. Section 52.1076 is amended by adding paragraph (e) to read as 
follows:


Sec. 52.1076  Control strategies: ozone.

* * * * *
    (e) EPA approves as a revision to the Maryland State Implementation 
Plan, the Post-1996 Rate of Progress Plan for the Cecil County portion 
of the Philadelphia-Wilmington-Trenton ozone nonattainment area, 
submitted by the Secretary of Maryland Department of the Environment on 
December 24, 1997, and as modified on August 17, 1998.

[FR Doc. 00-2173 Filed 2-2-00; 8:45 am]
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