[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Proposed Rules]
[Pages 75191-75196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD146-3106; FRL-7603-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; The 2005 ROP Plan for the Baltimore Severe One-Hour Ozone 
Nonattainment Area: Revisions to the Plan's Emissions Inventories and 
Motor Vehicle Emissions Budgets To Reflect MOBILE6

AGENCY: Environmental Protection Agency (EPA).

ACTION: 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 amend the 
Baltimore severe 1-hour ozone nonattainment area's (the Baltimore 
area's) rate-of-progress (ROP) plan for the 2005 milestone year. The 
intent of these revisions is to update the plan's emission inventories 
and motor vehicle emissions budgets (MVEBs) to reflect the use of 
MOBILE6 while continuing to demonstrate that the ROP requirement for 
2005 will be met. The State of Maryland also submitted revisions which 
amend the contingency measures associated with the 2005 ROP plan. These 
revisions are being proposed for approval in accordance with the Clean 
Air Act (the Act).

DATES: Written comments must be received on or before January 29, 2004.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Martin T. Kotsch, Mailcode 3AP23, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Electronic comments should be sent 
either to [email protected] or to http://www.regulations.gov, which 
is an alternative method for submitting electronic comments to EPA. To 
submit comments, please follow the detailed instructions described in 
Part 4 of the SUPPLEMENTARY INFORMATION section. 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; Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Martin T. Kotsch, Energy, Radiation 
and Indoor Environment Branch, U.S. Environmental Protection Agency, 
1650 Arch Street, Mail Code 3AP23, Philadelphia Pennsylvania 19103-
20209, (215) 814-3335, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Clean Air Act Requirements

    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, grouped in consecutive three year periods, 
through the area's designated attainment date. This is known as the 
rate-of-progress (ROP), also referred to as the reasonable further 
progress (RFP), requirement of the Act. The first ROP requirement 
covers the period 1990-1996 and is commonly known as the 15 Percent 
Plan. Subsequent reductions are required by the end of serial three 
year intervals beginning after the milestone year 1996 (i.e., ROP 
milestone years for the Baltimore area 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.
    Section 172(c)(9) of the Act requires ozone nonattainment, areas, 
classified as moderate or above nonattainment, to adopt contingency 
measures to be implemented should the area fail to achieve ROP or to 
attain the National Ambient Air Quality Standard (NAAQS) for ozone by 
its statutory attainment date. In addition, section 182(c)(9) of the 
Act requires ozone nonattainment areas classified as serious or above 
nonattainment to adopt contingency measures to be implemented if the 
area fails to meet any applicable milestone.
    Under EPA's transportation conformity rule, an ROP plan is a 
``control strategy'' SIP (62 FR 43780, August 15, 1997). Among other 
things, 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. The State of 
Maryland is required to identify MVEBs for both NOX and VOCs 
in the Baltimore area's ROP plan for the 2005 milestone year.
    EPA previously approved the 2005 ROP plan for the Baltimore area 
(66 FR 48209, September 19, 2001) which included mobile emissions 
inventories for the years 1990 and 2005 and identified MVEBs for the 
milestone year 2005 based on the EPA emissions model MOBILE5.
    The attainment date for the Baltimore severe ozone nonattainment 
area is 2005. This rulemaking addresses the SIP revisions submitted by 
the Maryland Department of the Environment (MDE) to amend the Baltimore 
area's 2005 ROP plan to reflect the use of the new EPA emissions model 
MOBILE6. In this rulemaking, EPA is proposing to approve these 
revisions to the Baltimore area's ROP plan for the 2005 attainment 
year.

II. Maryland's SIP Revisions

    On November 3, 2003, MDE submitted proposed SIP revisions, and 
requested that EPA parallel process its approval of those SIP revisions 
concurrent with the State's process for

[[Page 75192]]

amending its SIP. As previously stated, these proposed SIP revisions 
revise the 1990 and 2005 motor vehicle emissions inventories and the 
2005 MVEBs of the Baltimore area's 2005 ROP plan to reflect the use of 
MOBILE6. The November 3, 2003 submittal demonstrates that the new 
levels of motor vehicle emissions calculated using MOBILE6 continue to 
demonstrate the required ROP for the Baltimore area by 2005.
    Table 1 below summarizes the revised motor vehicle emissions 
inventories for the Baltimore area in tons per day (tpd). The revised 
1990 base year inventories were updated using the MOBILE6 model. The 
2005 inventories were developed using MOBILE6 and the latest planning 
assumptions, including 2002 vehicle registration data, vehicle miles 
traveled (VMT), speeds, fleet mix, and SIP control measures.

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

    EPA has articulated its policy regarding the use of MOBILE6 in SIP 
development in its ``Policy Guidance on the Use of MOBILE6 for SIP 
Development and Transportation Conformity''.\1\ EPA's policy guidance 
required the State to consider whether growth and control strategy 
assumptions for non-motor vehicle sources (i.e., point, area, and non-
road mobile sources) were still accurate at the time the November 3, 
2003 submittal was developed. Maryland reviewed the growth and control 
strategy assumptions for non-motor vehicle sources, revised those which 
were not current and concluded that the remaining assumptions continue 
to be valid for the 2005 ROP plan.
---------------------------------------------------------------------------

    \1\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
---------------------------------------------------------------------------

    Maryland's November 3, 2003 submittal satisfies the conditions 
outlined in EPA's MOBILE6 Policy guidance, and demonstrates that the 
new levels of motor vehicle emissions calculated using MOBILE6 continue 
to support ROP for the projected attainment of the 1-hour ozone NAAQS 
by the attainment date of 2005 for the Baltimore area.

The Revised Motor Vehicle Emissions Budgets (MVEBs)

    Table 2 below summarizes the revised MVEBs identified in MDE's 
November 3, 2003 submittal to EPA. These MVEBs were developed using the 
latest planning assumptions, including 2002 vehicle registration data, 
VMT, speeds, fleet mix, and SIP control measures. Because Maryland's 
November 3, 2003 submittal satisfies the conditions outlined in EPA's 
MOBILE6 Policy guidance, and demonstrates that the new levels of motor 
vehicle emissions calculated using MOBILE6 continue to support ROP for 
the projected attainment of the 1-hour NAAQS for ozone by the Baltimore 
area's November 15, 2005 attainment date, EPA is proposing to approve 
these budgets.

           Table 2.--Maryland Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
                                                            2005 ROP
                                                       -----------------
                  Nonattainment area                      VOC      NOX
                                                         (tpd)    (tpd)
------------------------------------------------------------------------
Baltimore.............................................    55.05    144.5
------------------------------------------------------------------------

III. EPA Evaluation of Maryland's Submittal

A. Rate-of-Progress (ROP) Plan

    (1) Calculation of Needed Reductions--The first step in 
demonstrating ROP is to determine the target level of allowable 
emissions for the 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 2005. The Act allows states to substitute NOX emission 
reductions 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 
grouped in three year periods (i.e., 2002-2005), or 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. EPA 
approved the attainment demonstration for the Baltimore area on October 
30, 2001 (66 FR 54687). The attainment demonstration modeling for the 
Baltimore area establishes that NOX reductions are necessary 
to bring the area into attainment. Because NOX reductions 
are necessary to attain the 1-hour NAAQS for ozone in the Baltimore 
area, MDE may and does use NOX reductions to demonstrate ROP 
in the Baltimore area. MDE developed NOX target levels to 
account for the NOX substitution. The process for 
calculating the revised 2005 target levels to account for all required 
ROP reductions and noncreditable reductions (for each milestone year 
these exclude from the baseline those emissions that would be 
eliminated by the Federal Motor Vehicle Control Program, FMVCP, and 
Reid Vapor Pressure, RVP, regulations promulgated prior to enactment) 
\2\ in baseline emissions is as follows:
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    \2\ Section 182(b)(1)(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 1990. This section prohibits crediting the ROP plan 
with the reductions in the baseline the emissions that would be 
eliminated by the FMVCP regulations promulgated by January 1, 1990. 
It also excludes any reductions associated from the RVP regulations 
promulgated at the time of enactment.
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    (a) Develop the base year emissions inventories for NOX 
and VOCs.
    (b) Develop the 1990 ROP base year inventory (by subtracting 
biogenic emissions and sources located outside the nonattainment area 
from the base year inventory).
    (c) Calculate the 1990 adjusted base year inventories for each 
milestone year (which in the case of Baltimore are 1996, 1999, 2002 and 
2005) by reducing the 1990 ROP inventory by the total noncreditable 
FMVCP/RVP reductions to occur by that year.
    (d) Calculate the required ROP reduction required for each 
milestone year: For VOC this entails multiplying the 1990 adjusted VOC 
base year inventory for 1996 by 15 percent and multiplying the 1990 
adjusted VOC base year inventory for 1999 and later milestone years by 
the percentage of required ROP reductions to be achieved

[[Page 75193]]

through VOC control measures; for NOX, this entails 
multiplying the 1990 adjusted NOX base year inventory for 
1999 and later milestone years by the percentage of required ROP 
reductions to be achieved through NOX substitution.
    (e) Calculate the fleet turnover correction term for each milestone 
year: The fleet turnover correction is the difference between the 
FMVCP/RVP emission reductions calculated in step (c) for one milestone 
year and that for the previous milestone year; it is also the 
difference between the 1990 adjusted base year inventory for one 
milestone year and that of the following milestone year \3\.
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    \3\ The aggregate noncreditable FMVCP/RVP reductions increase 
over time, and conversely, the 1990 adjusted base year inventory 
decreases over time. Thus the aggregate noncreditable FMVCP/RVP 
reductions through 2005 are larger than those for 2002, and the 1990 
adjusted base year inventory for 2005 is less than that for 2002. 
The sum of the aggregate noncreditable FMVCP/RVP reductions up to 
and including those achieved in a milestone year and of the 1990 
adjusted base year inventory for that year is always equal to the 
ROP base year inventory.
---------------------------------------------------------------------------

    (f) Calculate the revised target level of emissions for the 2005 
milestone year, by subtracting the sum of all the fleet turnover 
corrections, the sum of all the required ROP reductions for all 
milestone years from the 1990 ROP base year inventory.
    Tables 3 and 4 below summarize the target level calculations for 
both NOX and VOC emissions for the 2005 ROP milestone year. 
Using a combination of VOC and NOX emission reductions, 
MDE's target level calculations show that the 2005 target level for VOC 
incorporates the 15 percent ROP reduction in baseline emissions by 
1996, and show that the VOC and NOX 2005 target levels 
incorporate at least a 9 percent total ROP reduction in baseline 
emissions for all milestone years, namely 1999, 2002 and 2005, after 
1996. The MDE has correctly calculated the 2005 target levels for the 
Baltimore area.

                                 Table 3.--Baltimore Area 2005 VOC Target Level
----------------------------------------------------------------------------------------------------------------
                    Row                                            Description                        VOC  (tpd)
----------------------------------------------------------------------------------------------------------------
0..........................................  1990 Base Year Inventory..............................     554.29
                                             (Minus biogenic emissions)............................   (-180.09)
1..........................................  1990 Rate-of-Progress Base-Year Inventory.............     374.20
                                             1990 Inventory Adjusted to 1996.......................     296.30
2..........................................  Reduction Required for 15% VOC Rate-of-Progress.......      44.445
3..........................................  Fleet Turnover Correction 1990 to 1996................      77.9
                                             1990 Inventory Adjusted to 1999.......................     286.59
4..........................................  Reduction Required for 1999 Rate-of-Progress to 1999:        0.43
                                              0.15% VOC and 8.85% NOX.
5..........................................  Fleet Turnover Correction 96 to 99....................       9.7
                                             1990 Inventory Adjusted to 2002.......................     279.4
6..........................................  Reduction Required for 2002 Rate-of-Progress: 2.5% VOC       6.99
                                              and 6.5% NOX.
7..........................................  Fleet Turnover Correction 1999 to 2002................       7.19
                                             1990 Inventory Adjusted to 2005.......................     274.43
8..........................................  Reduction Required for 2005 Rate-of-Progress: 0.38%          1.05
                                              VOC and 8.62% NOX.
9..........................................  Fleet Turnover Correction.............................       4.97
10.........................................  2005 Target Level is row one minus the sum of rows two     221.53
                                              through nine.
----------------------------------------------------------------------------------------------------------------


                                    Table 4.--Baltimore Area NOX Target Level
----------------------------------------------------------------------------------------------------------------
                    Row                                            Description                        NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
1..........................................  1990 Rate-of-Progress Base-Year Inventory.............     536.60
                                             1990 Inventory Adjusted to 1999.......................     487.30
2..........................................  Reduction Required for Rate-of-Progress to 1999: 0.15%      43.13
                                              VOC and 8.85% NOX.
3..........................................  Fleet Turnover Correction 90 to 99....................      49.3
                                             1990 Inventory Adjusted to 2002.......................     472.40
4..........................................  Reduction Required for Rate-of-Progress: 2.5% VOC and       30.71
                                              6.5% NOX.
5..........................................  Fleet Turnover Correction 1999 to 2002................      14.90
                                             1990 Inventory Adjusted to 2005.......................     458.86
6..........................................  Reduction Required for Rate-of-Progress: 0.38% VOC and      39.54
                                              8.62% NOX.
7..........................................  Fleet Turnover Correction.............................      13.54
8..........................................  2005 Target Level = row one minus the sum of rows two      345.49
                                              through seven.
----------------------------------------------------------------------------------------------------------------

    The methodologies used by MDE to project emissions growth and EPA's 
evaluation are discussed in the technical support document (TSD) 
prepared in support of this proposed rulemaking action. Maryland used 
appropriate methodologies to project emissions growth in all source 
categories. The projection year inventories for NOX and VOCs 
for the 2005 attainment year are shown in Tables 5 and 6 below. EPA has 
determined that these growth estimates are approvable.

       Table 5.--Baltimore Projected (Uncontrolled) VOC Emissions
------------------------------------------------------------------------
                                                     1990 VOC   2005 VOC
                  Source Category                    baseline  projected
                                                       (tpd)     (tpd)
------------------------------------------------------------------------
Point..............................................      42.0     54.2
Mobile.............................................     165.1     91.8
Nonroad............................................      44.7     55.76

[[Page 75194]]

 
Area...............................................     122.4    132.2
                                                    --------------------
  Total............................................     374.2    321.67
------------------------------------------------------------------------


       Table 6.--Baltimore Projected (Uncontrolled) NOX Emissions
------------------------------------------------------------------------
                                                     1990 NOX   2005 NOX
                  Source category                    baseline  projected
                                                       (tpd)     (tpd)
------------------------------------------------------------------------
Point..............................................     223.2    251.9
Mobile.............................................     228.2    199.8
Nonroad............................................      71.5     91.84
Area...............................................      13.7     15.4
                                                    --------------------
  Total............................................     536.6    558.94
------------------------------------------------------------------------

    (2) 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 the Baltimore nonattainment 
area can be found in the TSD prepared for this rulemaking. Table 7 
below provides a summary of the control measures used by Maryland to 
achieve ROP in the Baltimore nonattainment area. 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 
but one of the state control measures have been fully approved by EPA 
into the Maryland SIP and are permanent and enforceable. Final approval 
of the November 3, 2003 revisions are contingent upon EPA's approval of 
Maryland's new consumer product rule (COMAR 26.11.32) which was 
submitted to EPA on November 19, 2003 and was proposed by EPA for 
direct final approval on December 9, 2003 (68 FR 68523). The mobile 
source control programs include the total amount of reductions 
associated with enhanced vehicle inspection and maintenance, Tier 1 and 
Tier 2 motor vehicle emission standards, reformulated gasoline, the 
National Low Emissions Vehicle program, and highway heavy duty diesel 
engine standards. EPA's MOBILE6 emissions model was used to generate 
the mobile source emission reductions.

    Table 7.--Summary of ROP Emission Control Measures for Baltimore
------------------------------------------------------------------------
                                                    2005 VOC   2005 NOX
                 Control measure                   reduction   reduction
                                                     (tpd)       (tpd)
------------------------------------------------------------------------
Mobile Source Control Programs...................    *36.75      *55.3
Stage II Refueling...............................    *12.65        0.00
Landfills........................................      0.27        0.00
Open Burning.....................................     *3.52       *0.74
Surface Cleaning/Degreasing......................      5.76        0.00
Architectural Coatings...........................      5.55        0.00
Consumer Products................................      2.83        0.00
Autobody Refinishing.............................      8.07        0.00
Nonroad Small Gas Engines........................     17.51      *(0.45)
Nonroad Diesel Engines Tier I & II...............      0.0       *21.62
Marine Engine Standards..........................      1.79    ***(0.07)
Railroads........................................      0.00        4.20
VOC RACT--Expandable Polystyrene.................      0.10        0.00
VOC RACT--Yeast Production.......................      0.87        0.00
VOC RACT--Commercial Bakeries....................      0.72        0.00
VOC RACT--Screen Printing........................      0.20        0.00
Federal Air Toxics...............................      0.50        0.00
Lithographic Printers............................      2.66        0.00
Flexographic and Rotogravure Printers............      0.90        0.00
Enhanced Rule Compliance.........................      5.10        0.00
State Air Toxics.................................      0.96        0.00
NOX RACT.........................................      0.00        5.01
OTC NOX Phase II/III.............................      0.00     *127.6
Nonroad RFG**....................................      1.39        0.00
OTC--Consumer Products**.........................      3.57        0.00
Large Spark Ignition Engines**...................      0.75        0.54
                                                  ----------------------
    Total........................................    112.43      214.48
------------------------------------------------------------------------
* Estimated reductions revised from those in current, approved SIP in
  order to reflect updated growth and/or control strategy assumptions.
** New control measure with credit being applied to attaining ROP for
  2005.
*** ( ) sign indicates increase in projected emissions.

    (3) Summary of ROP Evaluation--Maryland's ROP demonstration for the 
Baltimore nonattainment area is summarized in tons per day in Table 8 
below. The table shows that the projected control strategy inventories 
are less than or equal to the target level established for 2005. 
Therefore, the ROP plan demonstrates that emissions have been 
sufficiently reduced for the 2005 milestone year.

        Table 8.--Baltimore Nonattainment Area ROP Demonstration
------------------------------------------------------------------------
                                                       2005
                                                       VOC     2005 NOX
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
Projected Uncontrolled Emissions (includes growth)    333.96     558.94
 (refer to tables 3 and 4).........................
Reductions From Creditable Emission Control           112.43     214.48
 Measures (refer to table 5).......................
Emissions Level Obtained (uncontrolled emissions      221.53     344.47
 minus emission reductions)........................
Projected Target Levels (refer to tables 1 and 2)..   221.53     345.47
Surplus Emission Reductions (target levels minus        0.00       1.02
 emissions obtained)...............................
------------------------------------------------------------------------

B. Motor Vehicle Emissions Budgets

    Under EPA's transportation conformity rule, an ROP plan, like an 
attainment plan, is referred to as a control strategy SIP (40 CFR 
93.124). A control strategy SIP identifies and establishes the 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 national ambient air quality standard. Maryland is required to 
identify motor MVEBs for both NOX and VOCs in the Baltimore 
area's post 96 ROP plans. The MVEBs for the Baltimore area for the 
milestone year 2005 are shown in Table 9 below.

   Table 9.--ROP Motor Vehicle Emission Budgets for the Baltimore Area
------------------------------------------------------------------------
                                                         VOC       NOX
                   Attainment year                      (tpd)     (tpd)
------------------------------------------------------------------------
2005................................................    55.05     144.5
------------------------------------------------------------------------

    EPA approved new 2005 MOBILE6 based MVEBs for the Baltimore 
attainment demonstration on October 27, 2003 (68 FR 61106). Those MVEBs 
became effective on November 26, 2003. The approved 2005 attainment 
plan MVEBs budgets are 55.3 tons per day of VOC and 146.9 tons per day 
of NOX.

[[Page 75195]]

Maryland's 2005 proposed ROP MVEBs, as shown above in Table 7 are less 
than those MVEBS in the approved attainment demonstration. These more 
restrictive MVEBs, contained in the proposed ROP plan will become the 
applicable MVEBs to be used in transportation conformity demonstrations 
for the year 2005 for the Baltimore area once the ROP plan is approved.

C. Contingency Measures

    Section 172(c)(9) of the Act requires moderate and above ozone 
nonattainment areas to adopt contingency measures that would have 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.
    In the revised Baltimore area ROP plan, Maryland has reallocated 
some of the contingency measures established in prior SIP revisions to 
the control measures portion of the 2005 ROP plan. EPA guidance allows 
states an additional year to adopt new contingency measures to replace 
those which are used. In its November 3, 2003 SIP revision submittal, 
MDE is making an enforceable commitment to replace those contingency 
measures reallocated to the control measures portion of the plan and to 
submit an updated contingency plan reflecting these additional 
contingency measures by October 31, 2004.
    EPA's review of Maryland's SIP revisions indicates that the post-
1996 ROP requirements of the Act have been met for the Baltimore ozone 
nonattainment area. EPA is proposing to approve the revisions to the 
ROP plan for Baltimore area for milestone year 2005 that was submitted 
by MDE on November 3, 2003. EPA is soliciting public comments on its 
proposal to approve these revisions to the 2005 ROP plan 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.

IV. Proposed EPA Action

    EPA is proposing to approve the SIP revisions submitted by the 
State of Maryland on November 3, 2003. These revisions amend the 
Baltimore area's ROP plan for the 2005 milestone year to update the 
plan's emission inventories and MVEBs to reflect the use of MOBILE6 and 
continue to demonstrate that the ROP requirement for 2005 will be met. 
EPA is also proposing to approve the revisions submitted on November 3, 
2003 which amend the contingency measures associated with the 2005 ROP 
plan, including an enforceable commitment to replace those contingency 
measures reallocated to the control measures portion of the plan, and 
to submit an updated contingency plan reflecting these additional 
contingency measures by October 31, 2004. These revisions are being 
proposed under a procedure called parallel processing, whereby EPA 
proposes rulemaking action concurrent with the state's procedures for 
amending its SIP. If the proposed revisions are substantially changed 
in areas other than those identified in this document, EPA will 
evaluate those changes and may publish another notice of proposed 
rulemaking. If no substantial changes are made other than those areas 
cited in this notice, EPA will publish a final rulemaking notice on the 
revisions. The final rulemaking action by EPA on these SIP revisions 
will occur only after Maryland has completed the state's procedures for 
amending the SIP and formally submitted the revisions to EPA for final 
approval. In addition, final approval of the November 3, 2003 revisions 
is contingent upon our approval of Maryland's new consumer product rule 
(COMAR 26.11.32) which was submitted to EPA on November 19, 2003 and 
was proposed by EPA for direct final approval on December 9, 2003 (68 
FR 68523). EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting either electronic or written comments. To 
ensure proper receipt by EPA, identify the appropriate rulemaking 
identification number MD146-3106 in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention MD146-3106. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov , EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
``Environmental Protection Agency'' at the top of the page and use the 
``go'' button. The list of current EPA actions available for comment 
will be listed. Please follow the online instructions for submitting 
comments. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public

[[Page 75196]]

viewing at the EPA Regional Office, as EPA receives them and without 
change, unless the comment contains copyrighted material, confidential 
business information (CBI), or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.
    Submittal of CBI Comments--Do not submit information that you 
consider to be CBI electronically to EPA. You may claim information 
that you submit to EPA as CBI by marking any part or all of that 
information as CBI (if you submit CBI on disk or CD-ROM, mark the 
outside of the disk or CD-ROM as CBI and then identify electronically 
within the disk or CD-ROM the specific information that is CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD-ROM, mark the outside of the 
disk or CD-ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

IV. Statutory and Executive Order Reviews

    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 
proposed 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 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 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 
``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 proposing to approve revisions which amend the Baltimore 
area's ROP plan for the 2005 milestone year to update the plan's 
emission inventories and motor vehicle emissions budgets (MVEBs) to 
reflect the use of MOBILE6 and which amend the contingency measures 
associated with the 2005 ROP plan 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, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: December 19, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 03-32028 Filed 12-29-03; 8:45 am]
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