[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5245-5252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2175]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD082-3048a; FRL-6531-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 15 Percent Rate of Progress Plan for the Baltimore Ozone 
Nonattainment Area

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  EPA is taking direct final action to convert its conditional 
approval of a revision to the Maryland State Implementation Plan (SIP) 
to a full approval. The revision consists of the 15 percent rate of 
progress requirements for the Baltimore severe ozone nonattainment 
area. EPA is also taking direct final action to approve revisions to 
certain portions of the 1990 base year emissions inventory of volatile 
organic compound (VOC) and nitrogen oxide (NOx) emissions 
for the Baltimore nonattainment area. EPA is approving these revisions 
in accordance with the requirements of the Clean Air Act.

DATES:  This rule is effective on March 20, 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 should 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 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

    Section 182(b) of Clean Air Act (the Act) requires states with 
ozone

[[Page 5246]]

nonattainment areas classified as moderate or higher to submit a plan 
demonstrating a 15 percent reduction in VOC emissions from 1990 
baseline emission levels. These reductions were to be achieved by 
November 15, 1996. This requirement of the Act demonstrating ``rate of 
progress'' (or ROP) toward attainment is known commonly as the ``15% 
Plan.''
    The Baltimore ozone nonattainment area consists of the City of 
Baltimore plus the counties of Anne Arundel, Baltimore, Carroll, 
Harford, and Howard, and is classified as severe. On July 12, 1995, 
Maryland submitted a 15% Plan SIP revision for the Baltimore 
nonattainment area. On October 9, 1997 (62 FR 52661), EPA conditionally 
approved the Maryland's July 12, 1995 SIP revision of the 15% Plan for 
the Baltimore nonattainment area because, while on its face, the 15% 
Plan achieved the required 15% VOC emission reduction to satisfy the 
requirements of the Act, the plan itself did not provide sufficient 
documentation on the measures included in the plan for EPA to take 
action on at that time. Instead, EPA granted conditional approval of 
the July 12, 1995 15% Plan and ruled that the State must supplement its 
submittal to demonstrate that it achieved the required emission 
reductions. EPA's October 9, 1997 rule established the following four 
conditions for full approval of the Baltimore 15% Plan:
    1. Maryland's 15% Plan calculations must reflect the EPA approved 
1990 base year emissions inventory (found at 61 FR 50715, September 27, 
1996).
    2. Maryland must meet the conditions listed in the October 31, 1996 
conditional I/M rulemaking notice, including its commitment to remodel 
the vehicle inspection and maintenance (I/M) reductions using the 
following two EPA guidance memos: ``Date by which States Need to 
Achieve all the Reductions Needed for the 15 Percent Plan from I/M and 
Guidance for Recalculation,'' memorandum from John Seitz and Margo Oge 
dated August 13, 1996, and ``Modeling 15% VOC Reductions from I/M in 
1999--Supplemental Guidance,'' memorandum from Gay MacGregor and Sally 
Shaver dated December 23, 1996.
    3. Maryland must remodel to determine affirmatively the creditable 
reductions from reformulated gasoline (RFG) and federal Tier I vehicle 
emission standards in accordance with EPA guidance.
    4. Maryland must submit a SIP revision amending the 15% Plan with a 
determination using appropriate documentation methodologies and credit 
calculations that the 64.2 tons per day (TPD) reduction, supported 
through creditable emission measures in the submittal, satisfies 
Maryland's 15% ROP requirement for the Baltimore area.
    In a September 4, 1997 letter to EPA, the State committed to meet 
all the conditions listed in EPA's rulemaking within 12 months of final 
conditional approval. The State of Maryland submitted a revised 15% 
Plan for the Baltimore area addressing the conditions on October 7, 
1998. Additionally, today's action will approve minor revisions to the 
SIP approved 1990 base year emissions inventory for NOX and 
VOC emissions that is used as a basis for demonstrating rate of 
progress.

II. Summary of the SIP Revision

    Maryland's October 7, 1998 submittal of the revised 15% Plan 
contains the following:
     Emissions projections or projected growth in emissions 
during the period 1990-1996.
     VOC emissions target level calculation for 1996.
     Description of control measures used to demonstrate the 15 
required VOC reduction.
     Revisions to the 1990 base year inventory for VOC and 
NOX emissions. The inventory was revised in part, in 
response to EPA's first condition of the October 9, 1997 conditional 
rulemaking.

III. Base Year Inventory Revisions

    The 1990 base year inventory is an inventory of actual VOC, 
NOX, and carbon monoxide emissions that occurred in Maryland 
in 1990. This inventory is the basis for calculating future years 
emissions growth and the required 15% emissions reduction to 
demonstrate rate of progress. EPA SIP approved Maryland's state-wide 
1990 base year inventory on September 27, 1996 (61 FR 50715).
    The October 7, 1998 submittal of the revised 15% Plan for the 
Baltimore nonattainment area references revisions to the 1990 base year 
inventory submitted as a separate SIP revision to EPA on December 24, 
1997. The December 24, 1997 SIP revision contained the Post-1996 Rate 
of Progress Plan for the Baltimore nonattainment area. As part of the 
Post-1996 ROP Plan SIP revision, Maryland revised the 1990 base year 
inventory for both VOC and NOX emissions in the Baltimore 
nonattainment area. EPA has not yet taken rulemaking action on 
Maryland's December 24, 1997 Post-1996 ROP Plan submittal. However, 
because the inventory revisions submitted as part of Post-1996 ROP SIP 
are also the basis of calculation for the revised 15% Plan target 
level, EPA will be taking action in today's rulemaking on that portion 
of the December 24, 1997 SIP revision as it relates solely to the 1990 
base year inventory revisions for NOX and VOCs in the 
Baltimore nonattainment area.
    Maryland made several modifications to the earlier emission 
estimates for VOCs and NOx for point, area and mobile sources. These 
changes are due to improvements in inventory estimation techniques, the 
availability of more accurate data, revised estimates of population and 
employment and other technical improvements. There are no changes to 
the biogenic VOC emissions portion of the inventory being requested at 
this time. EPA is approving the requested revisions to the 1990 base 
year inventories for the Baltimore ozone nonattainment area that were 
submitted as part of Maryland's December 24, 1997 SIP submittal. Table 
1 illustrates the base year inventory revisions that will be approved 
into the Maryland SIP.

                 Table 1.--Revised 1990 Base Year Inventory for the Baltimore Nonattainment Area
                                                 [Tons per day]
----------------------------------------------------------------------------------------------------------------
                                        VOC                                    NOX
                                     previously      VOC         Change     previously  NOX revised     Change
                                      approved     revised                   approved
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Mobile sources....................        131.5        134.2       (+2.7)        161.2        159.5       (-1.7)
Point sources.....................         40.3         42.0       (+1.7)        231.3        223.2       (-8.1)
Nonroad sources...................         45.2         44.7        (-.5)        71.58         71.5        (-.1)
Area sources......................        127.1        122.4       (-4.7)         10.6         13.7       (+3.1)
Biogenic sources..................        180.1       180.09           0            NA           NA          NA
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[[Page 5247]]

 
      Total.......................        524.2        523.4        (-.8)        474.7        467.9       (-6.8)
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IV. Calculation of the 15% Reduction Target

    Section 182(b) of the Act requires that the SIP achieve a reduction 
of 15% of the 1990 baseline VOC emissions accounting for any growth in 
emissions (i.e, growth occurring between 1990 and 1996). EPA issued 
guidance to the states to assist them in calculating emission 
reductions necessary for demonstrating ROP. To determine the amount of 
emissions reductions necessary to demonstrate the 15% ROP requirement, 
states must first calculate a target level of emissions for 1996. The 
1996 target level facilitates planning for the 15% VOC reduction. 
Maryland has based the calculation of the 1996 target level of 
emissions on the revised 1990 base year inventory established in Table 
1 above. The 15% emissions reduction target level for the Baltimore 
nonattainment area is calculated in Table 2 below. EPA believes that 
the VOC 1996 target level of 253.3 tons per day (TPD) for Baltimore has 
been properly calculated according to EPA guidance and is approveable.

  Table 2.--Calculation of 15% Reduction Target Level for the Baltimore
                           Nonattainment Area
                             [Tons per day]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
1990 Base Year Inventory.....................................     523.4
ROP Inventory (adjusted to remove biogenic emissions 180.1        343.3
 TPD)........................................................
Non-Creditable Reductions from FMVCP and RVP.................     (39.7)
RACT ``fix-ups'' and I/M Corrections.........................       0.0
1990 Adjusted Base Year Inventory (ROP base year--FMVCP/RVP).     303.6
15% Reduction Requirement (0.15  x  adjusted base year            (45.5)
 inventory)..................................................
Emission reductions from FMVCP and RVP from 1996-1999              (4.8)
 (delayed enhanced I/M program adjustment)...................
1996 Target Level of Emissions (Adjusted base year inventory--    253.3
 15% reduction--FMVCP/RVP 1996-1999).........................
Expected Emissions Growth 1990-1996..........................      18.4
Total Emissions Reduction Needed (15% reduction + growth +         68.7
 non-creditable emissions from delayed I/M)..................
------------------------------------------------------------------------

V. Growth Projections (1990-1996)

    To meet the ROP requirements, reductions must occur to both achieve 
a 15% reduction in 1990 emission levels plus offset growth in emissions 
between 1990-1996. These estimates are made by projecting the 1990 base 
year VOC inventory out to 1996 considering only the current control 
strategy. The projected inventories must reflect expected growth in 
activity, as well as regulatory actions which will affect emission 
levels. EPA recommends that emission projections for point sources 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. 
According to EPA guidance, economic data and models which provide 
acceptable growth factors for emission projections include the U.S. 
Department of Commerce Bureau of Economic Analysis forecasts for states 
and metropolitan statistical areas; the Economic Growth Analysis 
System, 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.
    Maryland's revised 15% Plan submittal for the Baltimore 
nonattainment area discusses how Maryland projected growth from 1990 to 
1996 for each emissions category. The growth projections are based on 
the revised 1990 base year inventory discussed earlier in this 
document. The State's methodology for selecting growth factors and 
applying them to the 1990 base year emissions inventory to estimate 
growth in emissions from 1990 to 1996 is acceptable for all source 
categories. Maryland predicts VOC emissions will grow by 18.4 TPD from 
1990 to 1996. Maryland's total VOC emissions growth projections are 
shown in Table 3 below.

   Table 3.--1996 Projection Year VOC Inventory by Category, Baltimore
                           Nonattainment Area
------------------------------------------------------------------------
                                                      1990       1996
               Inventory component                  baseline  projection
                                                     (TPD)       (TPD)
------------------------------------------------------------------------
Point Source.....................................       42.0        44.6
Area Source......................................      122.4       126.6
Mobile Source....................................      134.2       142.0
Non-road Source..................................       44.7        48.5
                                                  ----------------------
    Total........................................      343.3       361.7
------------------------------------------------------------------------

VI. Evaluation of the State's 15% Plan Control Measures

    The 15% Plan for the Baltimore area claims creditable reductions of 
85.6 TPD from identified emission control programs. To be creditable, 
each control measure must meet the creditability requirements of EPA 
policy and of the Act. A measure is creditable if it is real, 
quantifiable, permanent, and enforceable. To be enforceable a reduction 
must meet any one of the following:
    1. It must result from a rule in the approved State SIP, or
    2. It must result from a rule promulgated by EPA, or

[[Page 5248]]

    3. It must result from a reduction enforceable under a permit 
issued pursuant to Title V of the Act.
    Emission reductions from rules adopted and implemented before 1990 
are not creditable because the base year inventory reflects the effects 
of these rules. Below is a brief description of each of the control 
measures in the Baltimore 15% Plan.

A. Stationary Source Controls

1. Federal Air Toxics
    This measure addresses sources required to comply with federal air 
toxics requirements that have or will achieve VOC reductions between 
1990 and 1996. Two sources in the Baltimore nonattainment area were 
required to comply with a federal maximum available control technology 
(MACT) standard or national emissions standard for hazardous air 
pollutants (NESHAP) between 1990 and 1996. Maryland claimed 0.4 TPD 
from this control measure. Credit is allowable from MACTs and NESHAPs; 
thus, 0.4 TPD from federal air toxics is fully creditable toward the 
Baltimore 15% Plan.
2. Architectural and Industrial Maintenance Coatings
    Under section 183(e) of the Act, EPA was required to study 
emissions from architectural and industrial maintenance (AIM) coatings 
operations, group them by order of significance, and establish a 
schedule to regulate the largest contributors. On September 11, 1998, 
EPA promulgated a national rule (63 FR 48848) for reducing VOC 
emissions from architectural 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. EPA's rule establishes a VOC 
content limit for 61 categories of architectural coatings. The 
requirements are based on product reformulation, a pollution prevention 
method. Manufacturers and importers were required to comply with rule 
by September 1999. EPA's final regulation is expected to reduce 
emissions of VOCs by 20%.
    EPA has issued several memoranda allowing states to take credit in 
their 15% Plans from the AIM coatings rule, and also the federal 
Autobody Refinishing and Consumer/Commercial products rules. The 
promulgation dates and hence the compliance dates for these rules did 
not occur by the November 15, 1996 implementation date for the 15% 
Plan. It is EPA's intention to still allow credit from the federal 
rules in states 15% Plans for the reasons discussed below.
    Disapproval of the 15% Plan because these federal measures were 
delayed and did not achieve the required reductions by November 15, 
1996 would require the SIP to be revised to make up the shortfall. EPA 
would propose approval of such a remedial measure if the SIP would 
achieve the 15% level as soon after November 15, 1996 as practicable. 
EPA believes that Maryland had limited ability to effectuate the 
reductions from these (or any other measures achieving equivalent 
reductions) any more expeditiously than EPA was able to promulgate the 
federal rules.
    In the policy memo, ``Credit for the 15% Rate-of-Progress Plans for 
Reductions from the Architectural and Industrial Maintenance (AIM) 
Coating Rule,'' dated March 22, 1995, EPA provided guidance on the 
expected reductions from the national rule--allowing up to a 20% 
reduction from the 1990 baseline levels. The March 22, 1995 policy memo 
was subsequently updated on March 7, 1996 (``Update on the Credit for 
the 15% Rate-of-Progress Plans for Reductions from the Architectural 
and Industrial Maintenance (AIM) Coating Rule'') to state that states 
may still take a 20% emission reduction credit from the AIM coatings 
rule in their 15% Plans even though the rulemaking has been delayed 
beyond the November 15, 1996 implementation date specified in the Act 
for 15% Plan measures. In light of the significant delays EPA 
experienced in promulgating the AIM rule, EPA has continued to allow 
the AIM emission reduction credits to count in state 15% Plans. EPA 
believes that although the compliance date was pushed back to September 
1999, the emission reductions from the national AIM rule are still 
creditable in state 15% Plans. For the purposes of the 15% ROP plan 
calculations then, EPA will allow Maryland to take credit for any of 
the federal measures even though the emission reductions from these 
measures did not occur until after November 15, 1996.
    Following both EPA's published guidance and in concurrence with the 
final AIM rule, Maryland assumed a 20% reduction in VOCs from the AIM 
rule or a 5.4 TPD reduction. EPA has determined that the 5.4 TPD 
emission reduction from AIM coatings is creditable toward the 15% ROP 
Plan requirement for the Baltimore nonattainment area.
3. Consumer and Commercial Products National Rule
    Section 183(e) of the Act also required EPA to conduct a study of 
VOC emissions from consumer and commercial products and to compile a 
regulatory priority list. EPA is then required to regulate those 
categories that account for 80% of the consumer product emissions in 
ozone nonattainment areas. Group I of EPA's regulatory schedule lists 
24 categories of consumer products to be regulated by national rule, 
including personal, household, and automotive products.
    On September 11, 1998, EPA issued a final rule (63 FR 48819) to 
reduce the VOC content of 24 categories of household consumer products 
by 20% from levels emitted in 1990. Manufacturers must meet the VOC 
content limits by December 11, 1998 for all products, except pesticides 
regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 
which have one year to comply with applicable VOC content limits. EPA 
policy allows states to claim up to a 20% reduction of total consumer 
product emissions towards the ROP requirement.
    For reasons discussed previously under ``Architectural and 
Industrial Maintenance (AIM) Coatings,'' EPA will allow the states to 
take credit for this measure even though emission reductions from this 
measure did not occur until after November 15, 1996. Maryland claimed a 
20% reduction or the equivalent reduction of 2.6 TPD from their 1996 
projected uncontrolled consumer and commercial products emissions in 
the Baltimore nonattainment area. EPA believes this measure is 
creditable in Maryland's 15% Plan for the Baltimore nonattainment area.
4. Autobody Refinishing
    Maryland has adopted an autobody refinishing regulation, COMAR 
26.11.19.23, ``Control of VOC Emissions from Vehicle Refinishing.'' VOC 
emissions emanate from the evaporation of solvents used in the coating, 
drying and clean-up process. Maryland's autobody refinishing regulation 
was approved into the SIP on August 4, 1997 (62 FR 41853). This state 
rule assumes a 45% reduction (5.3 TPD) from 1996 projected uncontrolled 
autobody emissions in the Baltimore area. These reductions are 
creditable toward the ROP requirement.
5. Lithographic Printing
    This measure regulates emissions from formerly uncontrolled small 
lithographic printing operations, such as

[[Page 5249]]

heatset web, non-heatset web, non-heatset sheet-fed, and newspaper non-
heatset web operations. VOCs are emitted from the inks, fountain 
solutions and solvents used to clean the printing presses. Maryland's 
rule to control VOC emissions from lithographic printing operations 
(COMAR 26.11.19.11) was approved into the SIP on September 2, 1997 (62 
FR 46199). VOC emissions are controlled from lithographic printers by 
limiting the allowable amount of isopropyl alcohol in the fountain 
solution. The 0.5 TPD VOC emission reductions achieved through this 
measure are creditable.
6. Surface Cleaning and Degreasing
    This measure controls VOC emissions from surface cleaning/
degreasing operations that fall into the area source category. Maryland 
amended existing regulations for surface cleaning devices and 
operations to require more stringent emission control requirements and 
enlarge the field of applicable sources. Maryland's more stringent 
surface cleaning and degreasing regulation (COMAR 26.11.19.09) was 
approved into the SIP on August 4, 1997 (62 FR 41853). Surface 
cleaning/degreasing operations impacted include, gasoline stations, 
autobody paint shops and machine shops that fall into the area source 
category. VOC emissions are controlled by requiring the reformulation 
of cold degreasers to either aqueous solutions or low VOC formulations. 
Maryland estimates that this rule reduces VOC emissions by 70%. 
Maryland claims 7.3 TPD reduction in the 15% Plan for the Baltimore 
nonattainment area from surface cleaning and degreasing controls. These 
reductions are creditable toward the 15% ROP requirement.
7. Landfill Emission Controls
    According to Maryland's revised 15% Plan for the Baltimore area, 
this control measure relies on a federal rule to regulate emissions 
from municipal landfills. The 15% Plan states that ``the Department 
expects to promulgate a regulation requiring the use of a collection 
and control system or energy recovery system that would control VOC 
emissions at landfills by 98%.'' However, neither a state rule nor a 
federal rule was promulgated to control landfill emissions by November 
15, 1996. Guidelines for the approvability of reductions credible for 
rate-of-progress plans dictate that the emission reductions be 
federally enforceable. Because there was no federal program nor any 
federally-approved state program to require controls on municipal 
landfills prior to November 15, 1996, the emission reductions claimed 
through this measure are not creditable toward the 15% ROP Plan. The 
0.2 TPD VOC emission reductions claimed for the Baltimore nonattainment 
area in the revised 15% Plan are not approvable for the purposes of 
satisfying the 15% Plan requirements.
8. Enhanced Rule Compliance
    This measure increases the effectiveness of existing regulations by 
enhancing rule compliance through increased or enhanced inspections and 
other enforcement activities. Maryland has targeted rule effectiveness 
(RE) improvement at tank truck unloading operations at gasoline 
dispensing facilities and at specified bulk terminals. Specific 
measures that Maryland used to enhance rule effectiveness at the 
targeted sources include increased administrative and civil penalties; 
enhanced monitoring; quarterly reporting requirements for sources; 
workshops; increased inspector training; increased source inspections 
and mandatory follow-up of violations. Maryland estimates that these 
enhancements improve rule effectiveness at the affected source 
categories to 92%, or 12% above EPA's default RE value of 80%. The 
increase in rule effectiveness results in an additional emission 
reduction benefit of 4.5 TPD in the Baltimore area. This program is 
enforceable under the State's Title V permit program. These reductions 
are creditable toward ROP in Baltimore.
9. State Air Toxics
    This measure addresses facilities that are regulated under 
Maryland's air toxics program that have achieved VOC reductions above 
and beyond current federally enforceable limits. In general, Maryland's 
air toxics regulations cover any source required to obtain a permit to 
construct or an annually renewed state permit to operate. Maryland 
claimed 0.9 TPD from state air toxics. This measure is creditable and 
enforceable under the State's Title V permit program.
10. RACT Controls
    According to the Act, states are required to adopt reasonably 
available control technology (RACT) for specific source categories 
covered by a control technique guideline that has been published by EPA 
or listed in the Act, and for all other major sources. RACT consists of 
a variety of control techniques that are generally available and cost 
effective. Maryland is claiming a total of 1.7 TPD from RACT controls 
implemented post-1990 on four source categories: expandable polystyrene 
operations, yeast production, bakeries, and screen printing operations. 
Maryland's RACT regulations for each of these categories have been 
approved into the SIP. EPA has determined the 1.7 TPD are creditable 
emission reductions in the 15% Plan for the Baltimore area.
11. Seasonal Open Burning Ban
    Maryland has amended COMAR 26.11.07 to institute 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 will be banned reducing VOC 
emissions. During the remainder of the year (September 1--May 31), 
Maryland's existing open fire regulations apply. This ban was adopted 
on May 1, 1995, and effective on May 22, 1995. EPA approved the ban on 
open burning into the Maryland SIP on January 31, 1997. The State of 
Maryland estimates a 3.6 TPD reduction in VOCs emissions from the ban 
on open burning. These reductions are creditable in the 15% Plan.

B. Mobile Source Controls

    Maryland used EPA's emissions model MOBILE5b to determine the 
amount of VOC emission reductions that will occur by 1996 from all 
mobile source control measures contained in the emissions model. These 
measures, each discussed briefly below, include Stage II vapor recovery 
systems, reformulated gasoline, the enhanced I/M program and federal 
Tier 1 emission standards. MOBILE5b generates a lump sum emission 
reduction total for all emission control programs. In the Baltimore 
nonattainment area, the combined VOC emission reduction in 1996 from 
all mobile source controls is 53.2 TPD. Maryland has adopted and 
implemented all the mobile source controls discussed below and where 
necessary, EPA has approved Maryland's regulations into the SIP. EPA 
has determined that Maryland has correctly estimated the emission 
reductions generated through mobile source control programs by using 
the MOBILE5b emissions model. The 53.2 TPD VOC reduction is creditable 
toward the 15% requirement.

[[Page 5250]]

1. Stage II Vapor Recovery
    Section 182(b)(3) of 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 is a control measure which substantially 
reduces 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. Maryland's Stage II regulation was 
approved into the SIP on June 9, 1994.
2. Reformulated Gasoline
    Section 211(k) of the Act requires that only reformulated gasoline 
(RFG) be sold or dispensed in severe and above ozone nonattainment 
areas after January 1, 1995. Thus, RFG is required in the Baltimore 
severe ozone nonattainment area. This gasoline is reformulated to burn 
cleaner and produce fewer evaporative emissions. EPA enforces this 
program so the emission reductions are fully creditable. The benefits 
of RFG are also realized in off-road gasoline engines, such as lawn 
maintenance equipment and motor boats.
3. Enhanced Vehicle Inspection and Maintenance
    Under section 182(c) of the Act, the Baltimore nonattainment area 
was required to adopt an enhanced vehicle inspection and maintenance 
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.
    Most of the 15% Plan SIPs originally submitted to the EPA contained 
enhanced I/M programs because this program achieves more VOC emission 
reductions than most, if not all other, control strategies. However, 
because most states experienced substantial difficulties implementing 
the enhanced I/M program using their original enhanced I/M protocols, 
most states did not begin actually testing cars until after the Clean 
Air Act implementation date.
    In September 1995, EPA finalized revisions to its enhanced I/M rule 
allowing states significant flexibility in designing I/M programs 
appropriate for their needs (60 FR 48029). Subsequently, Congress 
enacted the National Highway Systems Designation Act of 1995 (NHSDA), 
which provided states with additional flexibility in determining the 
design of enhanced I/M programs. The substantial amount of time needed 
by states to re-design enhanced I/M programs in accordance with the 
NHSDA, to secure state legislative approval where necessary, and set up 
the infrastructure to perform the testing program precluded states that 
revised their enhanced I/M programs from obtaining emission reductions 
by November 15, 1996.
    Given that many states, including Maryland, rely heavily upon 
enhanced I/M programs to help achieve the 15% VOC emissions reduction, 
and that the NHSDA and regulatory changes regarding enhanced I/M 
programs delayed their implementation, EPA believes that it was not 
possible for many states to achieve the portion of the 15% reductions 
that are attributed to     I/M by November 15, 1996. Under these 
circumstances, disapproval of the 15% SIPs would serve no purpose. 
Consequently, under certain circumstances, EPA proposed to allow states 
that pursue re-design of enhanced I/M programs to receive emission 
reduction credit from these programs within their 15% Plans, even 
though the emissions reductions from the I/M program will occur after 
November 15, 1996. The provisions for crediting reductions for enhanced 
I/M programs is contained in two EPA policy memoranda: ``Date by which 
States Need to Achieve all the Reductions Needed for the 15 Percent 
Plan from     I/M and Guidance for Recalculation,'' note from John 
Seitz and Margo Oge, dated August 13, 1996, and ``Modeling 15 Percent 
VOC Reductions from I/M in 1999--Supplemental Guidance,'' memorandum 
from Gay MacGregor and Sally Shaver, dated December 23, 1996. For the 
purposes of 15% Plan calculations then, EPA will allow Maryland to take 
credit for the enhanced I/M program even though the emission reductions 
from this program did not occur until after November 15, 1996.
    In the case of the Baltimore nonattainment area, Maryland's 15% 
Plan SIP takes credit for the amount of reductions achieved by I/M 
through November 1999. Maryland's enhanced     I/M program is a 
biennial program that meets the performance standards attributable to a 
``high enhanced'' program. Maryland began testing cars under the 
enhanced program in October 1997. But because Maryland's program is 
biennial it will take two years to complete one full cycle of testing. 
EPA guidance allows states to assume credit from the enhanced I/M 
program through 1999 in the 15% Plan SIPs (see ``Modelling 15 Percent 
VOC Reductions from I/M in 1999--Supplemental Guidance'', memorandum 
from Gay MacGregor and Sally Shaver, dated December 23, 1996.) EPA 
converted its conditional approval of Maryland's enhanced I/M program 
to a full approval on October 29, 1999 (64 FR 58340).
4. Tier I New Vehicle Standards
    The Act required EPA to issue Federal Motor Vehicle Control Program 
(Tier I) standards for new motor vehicles. The Tier I standards include 
exhaust (``tailpipe'') emission standards and better evaporative 
emission controls demonstrated through new federal evaporative test 
procedures. EPA promulgated the Tier I standards on June 5, 1991 (56 FR 
25724). These Tier I standards were phased in beginning with model year 
1994 vehicles and is a federally enforceable program. On average, Tier 
I cars will emit 0.077 fewer grams of VOCs per mile than older cars.

        Table 4.--Summary of Control Measures in the 15% Plan for the Baltimore Ozone Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                     VOC
                Control measure                  reductions            SIP approved by EPA            Creditable
                                                    (TPD)                                               for 15%
----------------------------------------------------------------------------------------------------------------
Graphic Arts...................................        0.5   SIP approved September 2, 1997 [62 FR         Yes.
                                                              46199].
RACT--Polystyrene Products.....................        0.1   SIP approved October 15, 1997 [62 FR          Yes.
                                                              53544].
RACT--Yeast Production.........................        0.5   SIP approved October 15, 1997 [62 FR          Yes.
                                                              53544].
RACT--Bakeries.................................        0.6   SIP approved October 15, 1997 [62 FR          Yes.
                                                              53544].
RACT--Screen Printing..........................        0.5   SIP approved October 15, 1997 [62 FR          Yes.
                                                              53544].
Surface Cleaning/Degreasing....................        7.3   SIP approved August 4, 1997 [62 FR            Yes.
                                                              41853].
Autobody Refinishing...........................        5.3   SIP approved August 4, 1997 [62 FR            Yes.
                                                              41853].
Landfill Controls..............................  ..........  .......................................        No.
Enhanced Rule Compliance.......................        4.5   Implemented through Title V permits....       Yes.

[[Page 5251]]

 
State Air Toxics...............................        0.9   Implemented through Title V permits....       Yes.
Open Burning Ban...............................        3.6   SIP approved January 31, 1997..........       Yes.
AIM Coatings...................................        5.4   Federal rule...........................       Yes.
Consumer & Commercial Products.................        2.6   Federal rule...........................       Yes.
Federal Air Toxics.............................        0.4   Federal rules--MACT standards for Coke        Yes.
                                                              Ovens and Benzene NESHAP.
Mobile Source Controls.........................       53.2   RFG--Federal rule......................       Yes.
  RFG                                                        Enhanced I/M--SIP approved October 29,        Yes.
  Enhanced I/M                                                1999 [64 58340]
  Stage 2                                                    Stage 2--SIP approved 6/9/94...........
  Tier 1 Tier 1 standards                                    Tier 1--Federal Rule...................
      Total Creditable Emission Reductions.....     85.4
----------------------------------------------------------------------------------------------------------------

VII. Remedying the Conditions for Full Approval

    The conditions established for full approval of the Baltimore area 
15% Plan were established in EPA's final conditional rulemaking on 
October 9, 1997 (62 FR 52661). Each of these conditions are discussed 
below. In response to the conditional rulemaking, Maryland submitted a 
revised 15% Plan for the Baltimore nonattainment area. All of the 
conditions have been satisfied in Maryland's revised submittal, and 
therefore, EPA is approving Maryland's October 7, 1998 15% Plan 
submittal for the Baltimore nonattainment area. Conditions of the 
October 9, 1997 rulemaking:
    1. Maryland's 15% plan calculations must reflect the EPA approved 
1990 base year emissions inventory.
    Remedy: Maryland has revised the 1990 base year emissions inventory 
for the nonattainment area. The revised inventory is used as a basis 
for calculating the 15% target level according to EPA guidance. As part 
of today's rulemaking, EPA is also approving revisions to the base year 
inventory submitted by Maryland and therefore, this condition has been 
satisfied.
    2. Maryland must meet the conditions listed in the October 31, 1996 
conditional I/M rulemaking notice, including remodeling the reductions 
associated with I/M following EPA guidance.
    Remedy: Maryland met all the conditions of EPA's October 31, 1996 
conditional rulemaking on Maryland's enhanced I/M program. EPA fully 
approved the enhanced I/M program into the Maryland SIP on October 29, 
1999 (64 FR 58340). Additionally, Maryland has remodeled the creditable 
emission reductions following EPA guidance documents and using EPA's 
MOBILE5b emissions model. This condition has been satisfied.
    3. Maryland must remodel to determine affirmatively the creditable 
reductions from RFG and Tier 1 in accordance with EPA guidance.
    Remedy: Maryland has remodeled all mobile source emission control 
programs, including RFG and Tier 1 following EPA guidance documents and 
using EPA's MOBILE5b emissions model. This condition has been 
satisfied.
    4. Maryland must submit a SIP revision amending the 15% plan with a 
determination using appropriate documentation methodologies and credit 
calculations that satisfies Maryland's 15% ROP requirement.
    Remedy: Maryland's revised 15% Plan submittal contains adequate 
documentation on VOC control measures to demonstrate the 15% reduction. 
All of the measures, except controls on landfills, have been adopted 
and implemented by the State and, where necessary, approved into the 
Maryland SIP. As documented in Table 2, ``Calculation of 15% Reduction 
Target Level'', to satisfy the 15% reduction target plus offset 
emissions growth during the period 1990-1996, Maryland must demonstrate 
a total reduction 68.7 TPD in VOC emissions. The control measures 
described in Maryland's 15% Plan produce 85.4 TPD in creditable VOC 
emission reductions, far more than the amount needed. Therefore, 
Maryland's plan satisfies the requirements of section 182(b)(1) of the 
Act and is approvable. This condition has also been satisfied.
    A more detailed description of the state submittal and EPA's 
evaluation are included in a 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
    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 SIP revision if adverse comments are 
filed. This rule will be effective on March 20, 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 interested in commenting must do so 
at this time.

VIII. Final Action

    EPA is converting its conditional approval of the 15% Plan for the 
Baltimore area to a full approval based upon Maryland's October 7, 1998 
SIP revision of the 15% Plan for the Baltimore area. EPA is also 
approving revisions to the 1990 base year emissions inventory for the 
Baltimore nonattainment area submitted on December 24, 1997 as part of 
the Post-1996 Rate of Progress Plan for the Baltimore and Cecil County 
nonattainment areas.

IX. 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

[[Page 5252]]

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 convert the conditional approval of 
the 15% ROP Plan for the Baltimore nonattainment area to a full 
approval 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


Sec. 52.1072  [Amended]

    2. In section 52.1072, paragraph (c) is reserved.

    3. Section 52.1075 is amended by adding paragraph (g) to read as 
follows:


Sec. 52.1075  1990 base year emission inventory.

* * * * *
    (g) EPA approves revisions to the Maryland State Implementation 
Plan amending the 1990 base year emission inventories for the Baltimore 
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 Baltimore ozone 
nonattainment area.

    4. Section 52.1076 is amended by adding paragraph (c) to read as 
follows:


Sec. 52.1076  Control strategies: ozone.

* * * * *
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department 
of the Environment on October 7, 1998.

[FR Doc. 00-2175 Filed 2-2-00; 8:45 am]
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