[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Proposed Rules]
[Pages 36717-36723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17562]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD059/71/98/114-3068; FRL-7011-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Rate of Progress Plans, Contingency Measures and Corrections 
to the Base Year Inventories for the Maryland Portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and withdrawal of previous proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the State of Maryland. These revisions establish 
the three percent per year emission reduction rate-of-progress (ROP) 
requirement for the period from 1996 through 2005 for the Maryland 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area 
(the Philadelphia area), namely Cecil County. In conjunction with the 
ROP plans for Cecil County, EPA is also approving the plans' 
contingency measures and corrections to the 1990 base year inventories 
of ozone precursor emissions. EPA is approving these revisions in 
accordance with the requirements of the Clean Air Act. In conjunction 
with this proposed action to approve the ROP plans for Cecil County, 
EPA is also withdrawing a previous Notice of Proposed Rulemaking to 
approve the 1999 ROP plan for Cecil County published in the Federal 
Register on February 3, 2000.

DATES: Written comments must be received on or before August 13, 2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services 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].

[[Page 36718]]


SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act (the Act) requires that for certain ozone 
nonattainment areas, states are to submit plans demonstrating a 
reduction in volatile organic compound (VOC) emissions of at least 
three percent per year, averaged over each three year consecutive 
period, through the area's designated attainment date. This is known as 
the rate-of-progress (ROP) requirement of the Act. The first ROP 
requirement covers the period 1990-1996 and is commonly known as the 
15% Plan. Subsequent ROP milestone years are grouped in three year 
intervals beginning after 1996 (i.e., ROP milestone years are 1999, 
2002, 2005). Section 182(c)(2)(C) of the Act allows states to 
substitute nitrogen oxides ( NOX) emission reductions for 
VOC emission reductions in post 1996 ROP plans. To qualify for SIP 
credit in ROP plans, emission reduction measures, whether mandatory 
under the Act or adopted at the state's discretion, must ensure real, 
permanent and enforceable emission reductions.
    Under the Act, the post 1996 ROP plans were due by November 15, 
1994. However, on March 2, 1995, EPA issued a policy memorandum 
establishing an alternative approach for meeting the attainment 
demonstration and post 1996 ROP requirements of the Act. This policy 
memorandum established a phased approach for the submittal of the 
attainment demonstration. In the first phase (the Phase I plan), states 
were to submit a plan with specific control measures demonstrating at 
least the first 9 percent ROP reduction for 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.
    In the second phase of this approach, (the Phase II plan), states 
were to submit modeling and attainment plans to show attainment through 
local and regional controls. For severe ozone nonattainment areas, such 
as the Philadelphia-Wilmington-Trenton area (the Philadelphia area), 
the Phase II plan was also to identify the measures needed to 
demonstrate ROP through the 2005 attainment year. States were to phase-
in adoption of rules and implement measures to meet ROP beginning in 
the period immediately following 1999 and provide for timely 
implementation of progress requirements.
    Section 172(c)(9) of the Act requires moderate and above ozone 
nonattainment areas to adopt contingency measures to be implemented 
should the area fail to achieve ROP or to attain by its attainment 
date. In addition, section 182(c)(9) of the Act requires serious and 
above areas to adopt contingency measures which would be implemented if 
the area fails to meet any applicable milestone. States are required to 
develop contingency measures in the event an area fails to meet ROP in 
a given milestone year.
    Under EPA's transportation conformity rule, like an attainment 
plan, an ROP plan is referred to as a control strategy SIP (62 FR 
43779). A control strategy SIP identifies and establishes the motor 
vehicle emissions budgets (MVEBs) to which an area's transportation 
improvement program and long range transportation plan must conform. 
Conformity to a control strategy SIP means that transportation 
activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS. States are 
required to identify motor MVEBs for both NOX and VOCs in 
their ROP plans for all milestone years.
    On March 2, 1999, the D.C. Circuit Court ruled that MVEBs contained 
in submitted SIPs cannot be used for conformity determinations until 
EPA has affirmatively found them adequate. Please note that an adequacy 
finding for MVEBs contained in a submitted control strategy SIP is 
separate from EPA's completeness determination of the SIP submission, 
and separate from EPA's action to approve or disapprove the SIP. 
Therefore, even if the MVEBs in a submitted control strategy SIP have 
been found adequate for conformity purposes, the SIP itself could later 
be disapproved. The process for determining the adequacy of submitted 
SIP budgets is provided in a guidance memorandum dated May 14, 1999 and 
titled ``Conformity Guidance on Implementation of March 2, 1999 
Conformity Court Decision.'' You may obtain a copy of this guidance 
from EPA's conformity website: http://www.epa.gov/oms/traq (once there, 
click on the ``Conformity'' button). The criteria by which EPA 
determines whether a SIP's MVEBs are adequate for conformity purposes 
are found at 40 CFR 93.118(e)(4). Final approval or disapproval of 
MVEBs occurs in conjunction with final approval or disapproval of the 
control strategy SIP which identifies and establishes those budgets.
    Cecil County, Maryland is part of the Philadelphia area with an 
attainment date of 2005. This rulemaking addresses the SIP revisions 
submitted by the Maryland Department of the Environment (MDE) to 
satisfy the post 1996 ROP requirements of the Act for Cecil County. In 
this rulemaking, EPA is proposing to approve Maryland's plans 
demonstrating ROP in Cecil County from 1996 through the 2005 attainment 
year into the SIP. Also as part of this rulemaking, EPA is proposing to 
approve the contingency measures and corrections to the 1990 base year 
emissions inventories for the Maryland portion of the Philadelphia-
Wilmington-Trenton ozone nonattainment area that were submitted in 
conjunction with the ROP plans.

II. Maryland's SIP Revisions

    Although Maryland's SIP revision submittals for Cecil County's 
Phase I and Phase II plans, discussed below, also included Phase I and 
Phase II plan revisions for the Baltimore severe ozone nonattainment 
area (the Baltimore area) and revisions for the Maryland portion of the 
Metropolitan Washington, D.C. serious ozone nonattainment area (the 
Washington, D.C. area); this proposed rulemaking pertains to the post 
1996 ROP plans for the Cecil County portion of the Philadelphia area. 
Also as part of this rulemaking, EPA is proposing to approve the plans' 
contingency measures and corrections to the 1990 base year emissions 
inventories for the Maryland portion of the Philadelphia area (Cecil 
County) that were submitted in conjunction with the ROP plans. The 
attainment demonstration plan portion of Cecil County's Phase II plan 
submitted by Maryland for the Philadelphia area is the subject of a 
separate rulemaking. Likewise, the Phase I and Phase II plans SIP 
revisions submitted by MDE pertaining to the Baltimore and Washington, 
D.C. areas either are or have been the subject of separate rulemakings.
    Under the phased approach, MDE submitted the Phase I plan for Cecil 
County on December 24, 1997 and the Phase II plan for Cecil County on 
April 24, 1998, with a supplemental submittal on August 18, 1998. MDE 
subsequently revised portions of both its Phase I and Phase II plan 
submittals for Cecil County and submitted those revisions to EPA as SIP 
revisions on December 21, 1999 and December 28, 2000. Descriptions of 
the submitted SIP revisions related to the ROP plans for Cecil County 
are provided below.

[[Page 36719]]

    On December 24, 1997, Maryland submitted a SIP revision for the 
Phase I plan for Cecil County. Maryland's December 24, 1997 Phase I 
plan submittal contained:
     The first 9 percent ROP demonstration for the 1999 
milestone year;
     Corrections to the 1990 base year emissions inventories 
for Cecil County; and
     Enforceable commitments to address the first phase of the 
attainment plan.
    On April 24, 1998, MDE submitted a SIP revision for the Phase II 
plan for Cecil County. EPA asked MDE to submit additional technical 
information for the Phase II plan. MDE submitted this additional 
information as a supplement to its Phase II plan on August 18, 1998. 
The Phase II plan contained the 2005 attainment demonstration and the 
ROP demonstrations for milestone years 2002 and 2005. The Phase II plan 
also contained additional information and revised mobile emissions 
modeling for the December 24, 1997 Phase I ROP submittal. Specifically 
for Cecil County, the Phase II plan SIP revision requested that the 
chapter on conformity, including MVEBs, and appendix E, including the 
target levels, emission estimates, projection year estimates and 
reduction credit estimates for 1999 contained in the original Phase I 
plan be replaced by the information contained in the Phase II plan 
submittal.
    On December 3, 1999, MDE submitted a draft SIP revision to EPA for 
parallel processing. On December 21, 1999, MDE submitted the formal SIP 
revision. This SIP revision modified the Phase II plan for Cecil 
County. Specifically, this SIP revision revised the MVEBs for Cecil 
County for the ROP milestone years 2002 and 2005. EPA determined these 
MVEBs adequate for use in conformity determinations on May 31, 2000. 
That determination became effective on June 23, 2000 (see 65 FR 36441, 
published June 8, 2000).
    On December 28, 2000, MDE submitted a SIP revision again modifying 
the Phase II plan for Cecil County. This SIP revision consisted of new 
mobile source modeling that used updated 1999 vehicle registration data 
to project mobile emissions growth in Cecil County. The plan also 
modified the MVEBs for 2005 for Cecil County to reflect the emission 
reduction benefits of the Federal Tier 2/Sulfur-in-Fuel regulation. EPA 
determined these MVEBs adequate for use in conformity determinations on 
March 26, 2001. That determination became effective on April 27, 2001 
(see 66 FR 18928, published April 12, 2001). This SIP submittal also 
provided more information and revised the Cecil County ROP 
demonstrations for the milestone years 1999, 2002 and 2005.

III. EPA Rulemaking History on Cecil County ROP Plans

    On July 29, 1997, EPA approved Maryland's 15 percent ROP plan for 
Cecil County as a SIP revision (62 FR 40457).
    On February 3, 2000, EPA published a direct final rule approving 
the 1999 ROP plan, submitted by MDE on December 24, 1997, for Cecil 
County (65 FR 5252). On that same day, February 3, 2000, EPA published 
a companion notice of proposed rulemaking to approve that 1999 ROP plan 
for Cecil County (65 FR 5296). Because EPA received adverse comments 
during the public comment period, it withdrew the direct final rule on 
March 28, 2000 (65 FR 16320). Since the time of EPA's February 3, 2000 
proposed approval action on the 1999 ROP plan, MDE submitted a SIP 
revision to revise the 1999 ROP demonstration for Cecil County. As 
stated previously, that SIP revision was submitted on December 28, 
2000.
    Because MDE has revised the 1999 ROP plan for which EPA proposed 
approval on February 3, 2000, EPA is, hereby, withdrawing that previous 
proposed approval action on the 1999 ROP plan for Cecil County. EPA is, 
today, proposing to approve the revised 1999 ROP plan in conjunction 
with the 2002 and 2005 ROP plans. As stated previously, as part of this 
rulemaking, EPA is proposing to approve the plans' contingency measures 
and corrections to the 1990 base year emissions inventories for the 
Maryland portion of the Philadelphia area (Cecil County) that were 
submitted in conjunction with the ROP plans.

IV. EPA Evaluation of Maryland's Submittals

A. Corrections to the 1990 Base Year Emissions Inventory for Cecil 
County

    Maryland submitted the original 1990 base year emissions 
inventories for Cecil County as a SIP revision on March 21, 1994. EPA 
approved the base year inventories into the SIP on September 27, 1996 
(61 FR 50715). As part of the Phase I plan submittal of December 24, 
1997, Maryland revised certain portions of the 1990 base year 
inventories because of refinements, such as updated information on 
point source emissions, and to correct certain errors in the 
inventories found while auditing the inventories in preparation for the 
attainment demonstration modeling.
    EPA is approving the corrections to the 1990 base year inventories 
for Cecil County. Table 1 below illustrates the corrections 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 proposed 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 Per Day
----------------------------------------------------------------------------------------------------------------
                                       VOC                                     NOX
                                   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        (+.05)            0            0            0
Nonroad Sources.................          2.02          2.0        (-.02)          2.5          2.6        (+.1)
Area Sources....................          9.23          8.7        (-.53)          1.1          1.8        (+.7)
Biogenic Sources................         32.96         32.96            0           NA           NA           NA
                                 -------------------------------------------------------------------------------
    Total.......................         51.96         51.46        (-.5)         12.9         13.7        (+.8)
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[[Page 36720]]

B. Rate-of-Progress Plans

1. Calculation of Needed Reductions
    The first step in demonstrating ROP is to determine the target 
level of allowable emissions in the given ROP milestone year. The 
target level of emissions represents the maximum amount of emissions 
that can be emitted in a nonattainment area in the given ROP milestone 
year, which in this case is 1999, 2002 and 2005. The Act allows states 
to substitute NOX emission reductions that occur after 1990 
for VOC emission reductions in post 1996 ROP plans. The required ROP is 
demonstrated when the sum of all creditable VOC and NOX 
emission reductions equal at least 3 percent per year averaged over a 
three year period (i.e., 1996-1999), for a total of 9 percent. If a 
state wishes to substitute NOX for VOC emission reductions, 
then a target level of emissions demonstrating a representative 
combined 9 percent emission reduction in VOC and NOX 
emissions must be developed for that milestone year. The MDE has 
established target levels for both VOC and NOX emissions for 
Cecil County. However, the ROP control scenario for Cecil County is 
based solely on a VOC reduction strategy. Because enough VOC emission 
reductions exist to demonstrate the full 9 percent reduction for all 
ROP milestone years, Maryland assumed no NOX emission 
reductions to demonstrate ROP. The process for calculating the target 
level is as follows:
    1. Develop the base year inventory.
    2. Develop the 1990 ROP base year inventory (by subtracting 
biogenic emissions and sources located outside the nonattainment area 
from the base year inventory).
    3. Calculate the 1990 adjusted base year inventory (this part 
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).\1\
---------------------------------------------------------------------------

    \1\ Section 182(b)(2)(B) of the Act defines the baseline year of 
emissions as ``the total amount of actual VOC and NOX 
emissions from all anthropogenic sources in the area during the 
calendar year of enactment of the Clean Air Act amendments. This 
section prohibits from the baseline the emissions that would be 
eliminated by the FMVCP regulations promulgated by January 1, 1990, 
and the RVP regulations promulgated by the time of enactment.
---------------------------------------------------------------------------

    4. Calculate the 3 percent per year reduction required to 
demonstrate ROP for each consecutive three year milestone interval 
(multiply the adjusted base year inventory by 0.09). The ROP milestone 
years are 1999, 2002 and 2005.
    5. Calculate the fleet turnover correction term for the three year 
period. The fleet turnover correction is the difference between the 
FMVCP/RVP emission reductions calculated in step #3 and the previous 
milestone year's FMVCP/RVP emission reductions.
    6. Calculate the target level of emissions for the milestone year, 
by subtracting #4 and #5 from the previously established target level 
for the area. For the 1999 milestone year, the VOC target level for 
1996 was established in the 15 percent plan. For NOX, there 
is no 1996 target level, so the 1999 target level is calculated from 
the NOX adjusted base year inventory.
    Tables 2 and 3 below summarize the target level calculations for 
both NOX and VOCs for Cecil County for the 1999, 2002 and 
2005 ROP milestone years. Maryland has correctly calculated the 1999, 
2002 and 2005 target level of emissions for Cecil County following 
EPA's guidance and the approach outlined above.

               Table 2.--VOC Target Levels in Tons Per Day
                 [Based upon 9 percent control strategy]
------------------------------------------------------------------------
                                       1999         2002         2005
------------------------------------------------------------------------
1990 Base Year Inventory.........         51.5         51.5         51.5
(Minus Biogenic Emissions).......      (-33.0)      (-33.0)      (-33.0)
1990 Rate of Progress Base Year           18.5         18.5         18.5
 Inventory.......................
(Minus Non-creditable FMVCP/RVP         (-2.1)       (-2.3)       (-2.6)
 1990-1999)......................
1990 Adjusted Base Year Inventory         16.4         16.2         15.9
9 Percent Required Reduction              *.09         *.09         *.09
 (1996-1999).....................
Rate of Progress Emission                  1.5          1.5          1.4
 Reduction Requirement...........
Fleet Turnover Correction........          0.0          0.2          0.1
Target Level from Previous                14.1         12.6         10.9
 Milestone Year..................
(Minus Emission Reduction               (-1.5)       (-1.5)       (-1.4)
 Requirement)....................
(Minus Fleet Turnover Correction)       (-0.0)       (-0.2)       (-0.1)
Target Level.....................         12.6         10.9          9.4
------------------------------------------------------------------------


               Table 3.--NOX Target Levels in Tons Per Day
                 [Based upon 0 percent control strategy]
------------------------------------------------------------------------
                                       1999         2002         2005
------------------------------------------------------------------------
1990 Base Year Inventory.........         13.7         13.7         13.7
(Minus Non-creditable FMVCP/RVP         (-1.7)       (-1.9)       (-2.0)
 1990-1999)......................
1990 Adjusted Base Year Inventory         12.0         11.8         11.7
0 Percent Required Reduction.....            0            0            0
Rate of Progress Emission                  0.0          0.0          0.0
 Reduction Requirement...........
Fleet Turnover Correction........          0.0          0.2          0.1
Target Level From Previous                12.0         12.0         11.8
 Milestone Year..................
(Minus Emission Reduction               (-0.0)       (-0.0)       (-0.0)
 Requirement)....................
(Minus Fleet Turnover Correction)       (-0.0)       (-0.2)       (-0.1)
Target Level.....................         12.0         11.8         11.7
------------------------------------------------------------------------


[[Page 36721]]

2. Growth Projections (1990-2005)
    ROP must be demonstrated net of all new emissions growth in the 
area. Therefore, states must include adequate emission reductions in 
their ROP plans to offset the emissions growth projected to occur after 
1990. States account for growth by projecting their 1990 base year 
emission inventories to estimate emissions growth between 1990 and the 
attainment year. The projected inventories must reflect expected growth 
in activity, as well as regulatory actions which will affect emission 
levels. EPA guidance says 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. Mobile source 
emissions projections can be estimated using EPA's MOBILE5 emissions 
model.
    The methodologies used by Maryland to project emissions growth and 
EPA's evaluation are discussed in the TSD prepared in support of this 
proposed rulemaking action. The 1999 projection year inventories for 
Cecil County were revised in the Phase II plan submitted by Maryland in 
August 1998. Maryland then further revised the mobile source growth 
estimates for Cecil County in the December 28, 2000 SIP submittal. 
Maryland used appropriate methodologies to project emissions growth in 
all source categories. A summary of the projection year inventories for 
NOX and VOCs through the 2005 attainment year is shown in 
Tables 4 and 5 below. The EPA has determined that these growth 
estimates are approvable.

                Table 4.--Projected (Uncontrolled) VOC Emissions for Cecil County in Tons Per Day
----------------------------------------------------------------------------------------------------------------
                                                                1990 VOC     1999 VOC     2002 VOC     2005 VOC
                       Source category                          baseline    projected    projected    projected
----------------------------------------------------------------------------------------------------------------
Point.......................................................          0.6          0.6          0.6          0.6
Mobile......................................................          7.2         10.3         11.5         12.2
Nonroad.....................................................          2.0          2.3          2.4          2.5
Area........................................................          8.7          9.0          9.1          9.2
                                                             ---------------------------------------------------
    Total...................................................         18.5         22.2         23.6         24.5
----------------------------------------------------------------------------------------------------------------


                Table 5.--Projected (Uncontrolled) NOX Emissions for Cecil County in Tons Per Day
----------------------------------------------------------------------------------------------------------------
                                                                1990 NOX     1999 NOX     2002 NOX     2005 NOX
                       Source category                          baseline    projected    projected    projected
----------------------------------------------------------------------------------------------------------------
Point.......................................................            0            0            0            0
Mobile......................................................          9.3         12.7         13.2         13.4
Nonroad.....................................................          2.6          2.8          3.0          3.0
Area........................................................          1.8          1.9          2.0          2.2
                                                             ---------------------------------------------------
    Total...................................................         13.7         17.4         18.2         18.6
----------------------------------------------------------------------------------------------------------------

3. Evaluation of Emission Control Measures
    The purpose of the ROP plan is to demonstrate how the State has 
reduced emissions 3 percent per year grouped in three year intervals, 
through the area's attainment year. In general, reductions toward ROP 
requirements are creditable provided the control measures occurred 
after 1990 and are real, permanent, quantifiable, federally enforceable 
and they occurred by the applicable ROP milestone year. An evaluation 
of each of the control measures implemented by Maryland in Cecil County 
can be found in the TSD prepared for this rulemaking. Table 6 below 
provides a summary of the control measures used by Maryland to achieve 
ROP in Cecil County. All control measures in the ROP demonstration have 
been adopted and implemented by the State of Maryland or are Federal 
measures being implemented nationally. All state control measures have 
been fully approved by EPA into the Maryland SIP and are permanent and 
enforceable. The mobile source control programs includes the total 
amount of reductions associated with enhanced vehicle inspection and 
maintenance, Tier 1 motor vehicle emission standards, reformulated 
gasoline, Stage II vapor recovery controls at gas stations, the 
National Low Emissions Vehicle program, highway heavy duty engine 
standards, and FMVCP/RVP reductions. EPA's MOBILE5b emissions model was 
used to generate emission reductions.

               Table 6.--Summary of ROP Emission Control Measures for Cecil County in Tons Per Day
----------------------------------------------------------------------------------------------------------------
                                      1999 VOC     1999 NOX     2002 VOC     2002 NOX     2005 VOC     2005 NOX
          Control measure            reduction    reduction    reduction    reduction    reduction    reduction
----------------------------------------------------------------------------------------------------------------
Architectural coatings............          0.2          0.0          0.2          0.0          0.2          0.0
Consumer and commercial products..          0.1          0.0          0.1          0.0          0.1          0.0
Antibody refinishing..............          0.2          0.0          0.2          0.0          0.2          0.0
Surface cleaning..................          0.2          0.0          0.2          0.0          0.2          0.0
Gasoline vapor recovery at tank             0.8          0.0          0.8          0.0          0.8          0.0
 loading..........................
Printing operations (screen,                0.1          0.0          0.1          0.0          0.1          0.0
 lithographic, flexographic and
 rotogravure combined)............

[[Page 36722]]

 
Nonroad heavy duty diesel.........          0.0          0.2          0.0          0.3          0.0          0.5
Nonroad small gas engines.........          0.4          0.0          0.5          0.0          0.8          0.0
Locomotive engines................  ...........  ...........          0.0          0.1          0.0          0.2
Open burning ban..................          3.5          0.7          3.5          0.7          3.5          0.7
Mobile source control programs....          6.2          4.9          8.4          6.3          9.5          7.4
                                   -----------------------------------------------------------------------------
    Total.........................         11.7          5.8         14.0          7.4         15.4          8.8
----------------------------------------------------------------------------------------------------------------

4. Summary of ROP Evaluation
    Maryland's ROP demonstration for Cecil County is summarized in tons 
per day in Table 7 below. The table shows that the projected control 
strategy inventories are less than or equal to the target level for 
each milestone year, therefore, the ROP plans demonstrate that the 9 
percent reduction, net of growth, requirement is met in Cecil County.

                            Table 7.--Cecil County ROP Demonstration in Tons Per Day
----------------------------------------------------------------------------------------------------------------
           Cecil County               1999 VOC     1999 NOX     2002 VOC     2002 NOX     2005 VOC     2005 NOX
----------------------------------------------------------------------------------------------------------------
Projected Uncontrolled Emissions           22.2         17.4         23.6         18.2         24.5         18.6
 (refer to tables 4 and 5)
 (includes growth)................
Reductions From Creditable                 11.7          5.8         14.0          7.4         15.4          8.8
 Emission Control Measures (refer
 to table 6)......................
Emissions Level Obtained                   10.5         11.6          9.6         10.8          9.1          9.8
 (projected uncontrolled emissions
 minus emission reductions).......
Projected Target Levels (refer to          12.6         12.0         10.9         11.8          9.4         11.7
 tables 2 and 3)..................
Surplus Emission Reductions                 2.1          0.4          1.3          1.0          0.3          1.9
 (target levels minus emissions
 level obtained)..................
----------------------------------------------------------------------------------------------------------------

C. Motor Vehicle Emissions Budgets

    Under EPA's transportation conformity rule, like an attainment 
plan, an ROP plan is referred to as a control strategy SIP (62 FR 
43779). A control strategy SIP identifies and establishes the motor 
vehicle emissions budgets (MVEBs) to which an area's transportation 
improvement program and long range transportation plan must conform. 
Conformity to a control strategy SIP means that transportation 
activities will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the NAAQS. States are 
required to identify motor MVEBs for both NOX and VOCs in 
their ROP plans for all milestone years. These budgets are illustrated 
in Table 8 below.

  Table 8.--Motor Vehicle Emission Budgets for Cecil County in Tons Per
                                   Day
------------------------------------------------------------------------
                                                VOC             NOX
------------------------------------------------------------------------
1999....................................             4.4             7.8
2002....................................             2.7             6.3
2005....................................             2.6             5.6
------------------------------------------------------------------------

    As explained previously, EPA determined the MVEBs identified and 
established in the December 21, 1999 submittal of the ROP plans 
adequate for use in conformity determinations on May 31, 2000. That 
determination became effective on June 23, 2000 (see 65 FR 36441, 
published June 8, 2000). Most recently, EPA determined the MVEBs 
identified and established in the December 28, 2000 submittal adequate 
for use in conformity determinations on March 26, 2001. That 
determination became effective on April 27, 2001 (see 66 FR 18928, 
published April 12, 2001).

D. Contingency Measures

    Section 172(c)(9) of the Act requires moderate and above ozone 
nonattainment areas to adopt contingency measures to be implemented 
should the area fail to achieve ROP or to attain by its attainment 
date. In addition, section 182(c)(9) of the Act requires serious and 
above areas to adopt contingency measures which would be implemented if 
the area fails to meet any applicable milestone. EPA issued guidance 
that allows states to implement their contingency measures early, 
provided the measures are not needed now to demonstrate ROP. EPA does 
not believe it is logical to penalize areas that are taking extra steps 
to implement contingency measures early, nor should states be required 
to backfill for the early activation of contingency measures.
    In the Cecil County ROP plan, Maryland outlines its approach for 
using already implemented control measures for contingency purposes. 
The EPA encourages the early implementation of required control 
measures and of contingency measures as a means of guarding against 
failure to meet a milestone or to attain. Maryland has adopted more 
emission control programs than is necessary to demonstrate ROP in the 
Cecil County area. These extra or ``surplus'' emission reductions are 
shown in Table 7 above. Maryland's plan for Cecil County shows an 
adequate amount of emission reductions have occurred beyond those

[[Page 36723]]

required for ROP, and therefore, any surplus emission reductions can be 
considered as early implementation of contingency measures. Surplus 
emission reductions associated control measures that are either not 
required in the nonattainment area by the Act, nor are Federal measures 
may be used for contingency purposes. Maryland has adopted two such 
measures (controls on open burning and the National Low Emissions 
Vehicle program), which are available for consideration as the early 
implementation of contingency measures. Pursuant to EPA guidance, the 
requirements of the Act with regard to providing contingency measures 
should the area fail to achieve ROP, have been satisfied in the Cecil 
County portion of the Philadelphia area.
    EPA's review of Maryland's SIP revisions indicates that the post 
1996 ROP requirements of the Act have been met for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment 
area. EPA is proposing to approve the post 1996 ROP plans for Cecil 
County for milestone years 1999, 2002, and 2005 that were submitted on 
December 24, 1997, as revised on April 24 and August 18, 1998, December 
21, 1999 and December 28, 2000. EPA is soliciting public comments on 
its proposal to approve these post 1996 ROP plans, corrections to the 
base year inventories and the contingency measures as discussed in this 
document. Comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to the EPA Regional office listed in the 
ADDRESSES section of this document.

V. Proposed Action

    EPA is proposing to approve the post 1996 ROP plans for milestone 
years 1999, 2002 and 2005 for the Cecil County portion of the 
Philadelphia-Wilmington-Trenton ozone nonattainment area submitted on 
December 24, 1997, as revised on April 24 and August 18, 1998, December 
21, 1999 and December 28, 2000. EPA is also proposing to approve 
corrections to the 1990 base year emissions inventories for Cecil 
County, submitted on December 24, 1997. EPA is also proposing to 
approve the contingency plans for failure to meet ROP for Cecil County, 
submitted in conjunction with the ROP demonstrations.

VI. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). 
This action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 (Public Law 104-4). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 proposes to approve 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 
proposed 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 proposed 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 proposed rule to approve the post 1996 ROP plans for the Cecil 
County, Maryland portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 5, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-17562 Filed 7-12-01; 8:45 am]
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