[Federal Register Volume 68, Number 207 (Monday, October 27, 2003)]
[Rules and Regulations]
[Pages 61103-61105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD146-3103; FRL-7578-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Modifications to the Attainment Plans for the Baltimore Area 
and Cecil County Portion of the Philadelphia Area To Revise the Mobile 
Budgets Using MOBILE6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions to 
revise the mobile budgets in the one-hour ozone attainment 
demonstration plans for the Baltimore nonattainment area (the Baltimore 
area) and the Cecil County portion of the Philadelphia-Wilmington-
Trenton nonattainment area (the Philadelphia area) . These revisions 
were submitted by the Maryland Department of the Environment on 
September 2, 2003. The intended effect of this action is to approve 
these SIP revisions as meeting the requirements of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective on November 26, 2003.

ADDRESSES: 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 at the Maryland 
Department of the Environment, 1800 Washington Boulevard, Suite 705, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 9, 2003 (68 FR 40861), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of revised mobile emission inventories and 2005 motor vehicle emissions 
budgets which have been developed using MOBILE6, an updated model for 
calculating mobile emissions of ozone precursors. These inventories and 
associated motor vehicle emissions budgets are part of the one-hour 
ozone attainment plans approved for the Metropolitan Baltimore 
nonattainment area (the Baltimore area) and the Cecil County portion of 
the Philadelphia-Wilmington-Trenton nonattainment area (the 
Philadelphia area). The intended effect of this action is to approve 
SIP revisions that will better enable the State of Maryland to continue 
to plan for attainment of the one-hour national ambient air quality 
standard (NAAQS) for ozone in the Baltimore area and the Cecil County 
portion of the Philadelphia area. This action is being taken under the 
Clean Air Act.
    These SIP revisions were proposed under a procedure called parallel 
processing, whereby EPA proposes a rulemaking action concurrently with 
a state's procedures for amending its SIP. The state's proposed SIP 
revisions were submitted to EPA on May 28, 2003 by the Maryland 
Department of the Environment (MDE). On July 9, 2003 (68 FR 40861), EPA 
proposed approval of Maryland's May 28, 2003 submittal. No comments 
were received during the public comment period on EPA's July 9, 2004 
proposal. The MDE formally submitted the final SIP revision on 
September 2, 2003. That final submittal had no substantial changes from 
the proposed version submitted on May 28, 2003. A detailed description 
of Maryland's submittal and EPA's rationale for its proposed approval 
were presented in the July 9, 2003 notice of proposed rulemaking and 
will not be restated in its entirety here.

II. Summary of SIP Revisions

    Maryland's September 2, 2003 SIP revisions contain revised 1990 and 
2005 motor vehicle inventories and emissions budgets calculated using 
the MOBILE6 motor vehicle emissions model. Consistent with EPA's 
``Policy Guidance on the Use of MOBILE6 for SIP Development and 
Transportation Conformity'' and ``Clarification of Policy Guidance for 
MOBILE6 in Mid-course Review Areas'', regarding the use of MOBILE6 in 
SIP development, the MDE's submittal included relative reduction 
comparisons to show that the one-hour ozone attainment demonstration 
plans for both the Baltimore and Philadelphia areas continue to 
demonstrate attainment using revised MOBILE6 mobile vehicle emissions. 
The MDE's methodology for the relative reduction comparison consisted 
of comparing the new MOBILE6 vehicle emissions with those previously 
approved using MOBILE5 for the Baltimore and the Philadelphia areas' 
attainment plans (see October 30, 2001,66 FR 54687) to determine if 
attainment will still be predicted by the established attainment dates. 
Specifically, the State calculated the relative reductions (expressed 
as percent reductions) in ozone precursors between the 1990 base year 
and attainment year inventories, both MOBILE5 based. These percent 
reductions were then compared to the percent reductions between the 
revised MOBILE6-based 1990 base year and attainment year inventories. 
These relative reduction comparisons show that the one-hour ozone 
attainment demonstration plans for both the Baltimore area and the 
Philadelphia area continue to demonstrate attainment using revised 
MOBILE6 mobile vehicle emissions.

III. Final Action

    EPA is taking final action to approve Maryland's September 2, 2003 
SIP revisions. These revisions amend the1990 and 2005 motor vehicle 
emissions inventories and 2005 motor vehicle emissions budgets of the 
attainment demonstration plans for the Baltimore area and the Cecil 
County portion of the Philadelphia area using MOBILE6. In accordance 
with the parallel processing procedures, EPA has evaluated Maryland's 
final SIP revisions submitted on September 2, 2003 and finds that no 
substantial changes were made from the proposed SIP revisions submitted 
on May 28, 2003. Maryland has demonstrated that the revised one-hour 
attainment demonstration plans for the Baltimore and the Philadelphia 
areas continue to demonstrate attainment with the revised MOBILE6-based 
inventories and budgets. The revised mobile inventories and emissions 
budgets being approved for the two nonattainment areas are shown below 
in Tables 1 and 2 respectively.

[[Page 61104]]



                        Table 1.--Maryland's Revised Motor Vehicle Emissions Inventories
----------------------------------------------------------------------------------------------------------------
                                                               1990                            2005
               Nonattainment area                ---------------------------------------------------------------
                                                    VOC  (tpd)      NOX  (tpd)      VOC  (tpd)      NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
Baltimore.......................................          165.14          228.21            55.3           146.9
Cecil County....................................            8.6            17.3              3.0            11.3
----------------------------------------------------------------------------------------------------------------


           Table 2.--Maryland Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                                      2005 Attainment
               Nonattainment area                -----------------------
                                                  VOC  (tpd)  NOX  (tpd)
------------------------------------------------------------------------
Baltimore.......................................        55.3       146.9
Cecil County....................................         3.0        11.3
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

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. 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 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). This rule also does not 
have tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
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). 
This action 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. 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 must be filed in the United States Court 
of Appeals for the appropriate circuit by December 26, 2003. 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 to approve SIP revisions to the one-hour 
ozone attainment demonstration plans for the Baltimore area and the 
Cecil County portion of the Philadelphia area which revise the 1990 and 
2005 motor vehicle emissions inventories and 2005 motor vehicle 
emissions budgets using MOBILE6 may not be challenged later in 
proceedings to enforce their requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: October 16, 2003.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. Section 52.1076 is amended by revising paragraphs (h), (i), (k), and 
(l), and adding paragraph (m) to read as follows:


Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (h) EPA approves the attainment demonstration for the Philadelphia 
area submitted as a revision to the State Implementation Plan by the 
Maryland Department of the Environment on April 29, 1998, August 18, 
1998,

[[Page 61105]]

December 21, 1999, December 28, 2000, August 31, 2001, and September 2, 
2003 including its RACM analysis and determination. EPA is also 
approving the revised enforceable commitments made to the attainment 
plan for the Baltimore severe ozone nonattainment area which were 
submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and 
to perform a mid-course review by December 31, 2003.
    (i) EPA approves the following mobile budgets of Maryland's 
attainment plan for the Philadelphia area:

               Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005              3.0             11.3
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
* * * * *
    (k) EPA approves the attainment demonstration for the Baltimore 
area submitted as a revision to the State Implementation Plan by the 
Maryland Department of the Environment on April 29, 1998, August 18, 
1998, December 21, 1999, December 28, 2000, August 20, 2001, and 
September 2, 2003 including its RACM analysis and determination. EPA is 
also approving the revised enforceable commitments made to the 
attainment plan for the Baltimore severe ozone nonattainment area which 
were submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and 
to perform a mid-course review by December 31, 2003.
    (l) EPA approves the following mobile budgets of the Baltimore area 
attainment plan:

                            Transportation Conformity Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005             55.0            146.9
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved ]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (m) EPA approves the State of Maryland's revised 1990 and the 2005 
VOC and NOX highway mobile emissions inventories and the 
2005 motor vehicle emissions budgets for the one-hour ozone attainment 
plans for the Baltimore severe ozone nonattainment area and the Cecil 
County portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. These revisions were submitted by the Maryland 
Department of the Environment on September 2, 2003. Submission of these 
revised MOBILE6-based motor vehicle emissions inventories was a 
requirement of EPA's approval of the attainment demonstration under 
paragraphs (h) and (k) of this section.

[FR Doc. 03-26920 Filed 10-24-03; 8:45 am]
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