[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Proposed Rules]
[Pages 54412-54415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22449]



[[Page 54412]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R03-OAR-2011-0681; FRL-9458-9]


Determination of Nonattainment and Reclassification of the 
Baltimore 1997 8-Hour Ozone Nonattainment Area; MD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to determine that the Baltimore moderate 8-
hour ozone nonattainment area (the Baltimore Area) did not attain the 
1997 8-hour ozone national ambient air quality standard (NAAQS) by its 
June 15, 2011, attainment date. The attainment date for moderate ozone 
nonattainment areas was June 15, 2010. However, the Baltimore Area 
qualified for a 1-year extension of its attainment date. Therefore, EPA 
extended the area's attainment date to June 15, 2011. This proposal is 
based on EPA's review of complete, quality assured, and certified 
ambient air quality monitoring data for the 2008-2010 monitoring period 
that are available in the EPA Air Quality System (AQS) database. If EPA 
finalizes this determination, the Baltimore Area will be reclassified 
by operation of law as a serious 8-hour ozone nonattainment area for 
the 1997 8-hour ozone standard. The serious area attainment date for 
the Baltimore Area would be as expeditiously as practicable, but not 
later than June 15, 2013. Once reclassified, the State of Maryland must 
submit State Implementation Plan (SIP) revisions for the Baltimore Area 
to meet the Clean Air Act (CAA) requirements for serious ozone 
nonattainment areas. In this action, EPA is also proposing that the 
State of Maryland submit the necessary SIP revisions to EPA by no later 
than September 30, 2012. This action is being taken under the CAA.

DATES: Written comments must be received on or before October 3, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0681 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2011-0681, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0681. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The following outline is provided to aid in 
locating information in this action.

I. What action is EPA proposing?
II. What is the background for this action?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to determine that the Baltimore Area did not 
attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment 
date. This proposal is based on EPA's review of complete, quality 
assured, and certified ambient air quality monitoring data for the 
2008-2010 monitoring period that are available in AQS. If EPA finalizes 
this determination, the Baltimore Area will be reclassified by 
operation of law as a serious 8-hour ozone nonattainment area for the 
1997 8-hour ozone standard. The serious area attainment date for the 
Baltimore Area would be as expeditiously as practicable, but not later 
than June 15, 2013. (See 40 CFR 51.903.) Once reclassified, the State 
of Maryland must submit SIP revisions for the Baltimore Area that meet 
the 1997 8-hour ozone nonattainment requirements for serious areas as 
required by the CAA. In this action, EPA is also proposing that the 
State of Maryland submit SIP revisions to EPA by no later than 
September 30, 2012 for any measures required under the CAA for serious 
ozone nonattainment areas which have not already been approved into 
Maryland's SIP for the Baltimore Area.

II. What is the background for this action?

A. The 1997 8-Hour Ozone NAAQS

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time, than was understood 
when the pre-existing 1-hour ozone standard was set. EPA determined 
that the 8-hour standard would be more protective of human health, 
especially children and adults who are active outdoors, and individuals 
with a pre-existing respiratory disease, such as asthma.
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed

[[Page 54413]]

this 2008 revised standard and proposed to set the primary 8-hour ozone 
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075 
ppm. EPA is working to complete reconsideration of the standard and 
thereafter will proceed with attainment/nonattainment area 
designations. This proposed rulemaking relates only to a determination 
of nonattainment for the 1997 8-hour ozone standard and is not affected 
by the ongoing process of reconsidering the revised 2008 standard. This 
action addresses only the 1997 8-hour ozone standard of 0.08 ppm, and 
does not address any subsequently revised 8-hour ozone standard.

B. The Baltimore Area

    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Baltimore moderate 
nonattainment area. This area includes Baltimore City and Anne Arundel, 
Baltimore, Carroll, Harford, and Howard Counties, all in Maryland. On 
March 11, 2011, EPA approved a 1-year extension of the Baltimore Area's 
attainment date, from June 15, 2010 to June 15, 2011. The extension was 
based on the complete, certified ambient air quality data for the 2009 
ozone season. (See 76 FR 13289.)
    On June 4, 2010, EPA approved a Maryland SIP revision to meet the 
2002 base year emissions inventory requirement and certain moderate 
area requirements, including reasonable further progress (RFP), RFP 
contingency measures, and reasonably available control measure (RACM) 
for the Baltimore Area. EPA also approved the transportation conformity 
motor vehicle emissions budgets (MVEBs) associated with the revision. 
(See 75 FR 31709.)

C. Requirement To Determine Attainment by the Attainment Date

    Under CAA sections 179(c) and 181(b)(2), EPA is required to make a 
determination that a nonattainment area has attained by its attainment 
date, and publish that determination in the Federal Register. Under CAA 
section 181(b)(2), which is specific to ozone nonattainment areas, if 
EPA determines that an area failed to attain the ozone NAAQS by its 
attainment date, EPA is required to reclassify that area to a higher 
classification.

D. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the ozone ambient air monitoring data for the monitoring 
period from 2008 through 2010 for the Baltimore Area, as recorded in 
AQS. The data that EPA relied on for this proposed action is included 
in the docket for this rulemaking, which can be viewed at http://www.regulations.gov.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based 
on the rounding convention in 40 CFR part 50, appendix I). This 3-year 
average is referred to as the design value. When the design value is 
less than or equal to 0.084 ppm at each monitoring site within the 
area, then the area is meeting the NAAQS.
    Also, the data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness as determined in 
appendix I of 40 CFR part 50.
    Table 1 shows the ozone design values for each monitor in the 
Baltimore Area for the years 2008-2010. In order to attain the NAAQS, 
all 2008-2010 design values must be below 0.084 ppm, and all monitors 
must meet the data completeness requirements. However, monitor number 
240251001 in Harford County has a design value of 0.089 ppm. Therefore, 
the Baltimore Area has not attained the 1997 8-hour ozone NAAQS, 
considering 2008-2010 data.

                        Table 1--2008-2010 Baltimore Area 1997 8-Hour Ozone Design Values
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                                                                                  2008-2010
                          County                               Monitor ID      Average % data   2008-2010 Design
                                                                                completeness       value (ppm)
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Anne Arundel..............................................         240030014                96             0.079
Baltimore.................................................         240051007               100             0.077
                                                                   240053001                94             0.078
Carroll...................................................         240130001                98             0.076
Harford...................................................         240251001                94             0.089
                                                                   240259001                99             0.078
Baltimore (City)..........................................         245100054                93             0.067
----------------------------------------------------------------------------------------------------------------

    EPA's regulations at 40 CFR 51.907 set forth how a nonattainment 
area for the 1997 8-hour ozone NAAQS can qualify for an extension of 
its attainment date. Under 40 CFR 51.907, an area will qualify for a 1-
year extensions of the attainment date if:
    (a) For the first one-year extension, the area's 4th highest daily 
8-hour average in the attainment year is 0.084 ppm or less,
    (b) For the second one-year extension, the area's 4th highest daily 
8-hour value, averaged over both the original attainment year and the 
first extension year, is 0.084 ppm or less.
    (c) For purposes of paragraphs (a) and (b) of this section, the 
area's 4th highest daily 8-hour average shall be from the monitor with 
the highest 4th highest daily 8-hour average of all the monitors that 
represent that area.
    For the Baltimore Area, the original attainment year was 2009 and 
the first extension year was 2010. Table 2, below, show the 2009 and 
2010 highest 4th highest daily 8-hour values for the Baltimore Area, 
and the 4th highest daily 8-hour values averaged over 2009 and 2010. 
The 4th highest daily 8-hour values averaged over 2009 and 2010 for 
monitor number 240251001 in Harford County is greater than 0.084 ppm 
(0.090 ppm). Therefore, the Baltimore Area does not qualify for a 
second extension of its attainment date.

[[Page 54414]]



                 Table 2--Baltimore Area 2009-2010 Average 4th Highest Daily 8-Hour Ozone Values
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                                                                                                    2009-2010
                                                            2009 4th highest  2010 4th highest     Average 4th
                 County                      Monitor ID        daily value       daily value      highest daily
                                                                                                      value
----------------------------------------------------------------------------------------------------------------
Anne Arundel............................         240030014             0.070             0.087             0.079
Baltimore...............................         240051007             0.068             0.078             0.073
                                                 240053001             0.071             0.084             0.078
Carroll.................................         240130001             0.068             0.083             0.076
Harford.................................         240251001             0.083             0.096             0.090
                                                 240259001             0.069             0.080             0.075
Baltimore (City)........................         245100054             0.066             0.074             0.070
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E. Determination of Nonattainment/Ambient Air Quality Monitoring Data

    Complete, quality assured, certified 8-hour ozone air quality 
monitoring data from 2008 through 2010 show that the Baltimore Area did 
not attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment 
date. In addition, as stated above, the area does not qualify for a 
second 1-year extension of its attainment date.

F. Serious Nonattainment Area SIP Requirements

    The SIP requirements for a serious nonattainment area are set out 
in section 182(c) of the CAA. The requirements for serious ozone 
nonattainment areas include, but are not limited to: (1) Attainment and 
reasonable further progress demonstrations (CAA section 182(c)(2), 40 
CFR 51.908 and 40 CFR 51.910); (2) an enhanced monitoring program (CAA 
section 182(c)(1) and 40 CFR 58.10); (3) an enhanced vehicle inspection 
and maintenance (I/M) program (CAA section 182(c)(3) and 40 CFR 
51.350); (4) clean fuel vehicle programs (CAA section 182(c)(4)); (5) 
transportation control (CAA section 182(c)(5)); (6) a 50 ton-per-year 
(tpy) major source threshold (CAA section 182(c) and 40 CFR 51.165); 
(7) more stringent new source review requirements (CAA section 
182(c)(6) and 40 CFR 51.165); (8) special rules for modification of 
sources (CAA sections 182(c)(7) and 182(c)(8), and 40 CFR 51.165); (9) 
contingency provisions (CAA section 182(c)(9)); and (10) increased 
offsets (CAA section 182(c)(10) and 40 CFR 51.165). See also the 
requirements for serious ozone nonattainment areas set forth in section 
182(c) of the CAA.
    Because the Baltimore Area was designated as a severe-15 
nonattainment area under the 1-hour ozone NAAQS (40 CFR 81.321), the 
State of Maryland has already implemented severe area requirements. 
These measures have been approved into Maryland's SIP for the Baltimore 
Area. The Baltimore Area is subject to ``anti-backsliding'' provisions 
of 40 CFR 51.905(a)(1) as an area that was nonattainment for the 1-hour 
ozone NAAQS that became a nonattainment area for the 1997 8-hour ozone 
NAAQS. Anti-backsliding provisions require measures approved into 
Maryland's SIP for the 1-hour ozone NAAQS remain in the SIP for the 
1997 8-hour NAAQS. The applicable requirements are specified in 40 CFR 
51.900(f) and include enhanced vehicle inspection and maintenance, 
clean fuel fleets, enhanced monitoring, and a 25 tpy major source 
threshold for volatile organic compounds (VOC) and oxides of nitrogen 
(NOX). In addition, the anti-backsliding provisions require 
that the new source review (NSR) requirements based on the Baltimore 
Area's 1-hour severe nonattainment classification continue to apply. 
(See South Coast Air Quality Management Dist. v. EPA, 489 F.3d 1295 (DC 
Cir. 2007).)
    Because severe area measures are more stringent than serious area 
measures, the Baltimore Area already meets many of the required serious 
area measures. Table 3, below, summarizes the serious nonattainment 
area requirements and their SIP approval status. The State of Maryland 
is only required to submit SIP revisions for any outstanding serious 
area measures for the 1997 8-hour NAAQS.

Table 3--Status of Serious Area Requirements in the Maryland SIP for the
                             Baltimore Area
------------------------------------------------------------------------
      Requirement CAA section                    SIP status
------------------------------------------------------------------------
50 tpy threshold for VOC and NOX    COMAR 26.11.02.01 approved into SIP
 Sec.   182(c).                      on 02/27/2003 (68 FR 9012).
Enhanced monitoring Sec.            Photochemical Assessment Monitoring
 182(c)(1).                          Stations (PAMS) Program approved
                                     into SIP on 9/11/1995 (60 FR
                                     47084).
Attainment Demonstration Sec.       Must be submitted to EPA for
 182(c)(2)(A).                       approval by 9/30/2012.
RFP Demonstration Sec.              Must be submitted to EPA for
 182(c)(2)(B)/Sec.   182(c)(2)(C).   approval by 9/30/2012.
Enhanced vehicle I/M program Sec.   COMAR 11.14.08: Approved into the
  182(c)(3).                         Maryland SIP on 10/29/1999 (64 FR
                                     58340), revisions approved on 1/16/
                                     2003 (68 FR 2208).
Clean-fuel vehicle programs Sec.    COMAR 26.11.20.04, National Low
 182(c)(4).                          Emission Vehicle program (NLEV),
                                     approved into the SIP on 12/28/1999
                                     (64 FR 72564). Maryland opted into
                                     NLEV as a substitute measure under
                                     Sec.   182(c)(4). Upon expiration
                                     of NLEV, Maryland reverted to the
                                     Federal Tier 2 motor vehicle
                                     standards, and subsequently adopted
                                     and implemented California's Low
                                     Emission Vehicle Program.
Transportation control Sec.         Compliance is ongoing through annual
 182(c)(5).                          submission of Transportation Plans
                                     with accompanying conformity
                                     demonstrations.
De minimis rule Sec.   182(c)(6)..  NSR regulations, COMAR 26.11.17,
                                     approved into SIP on 2/12/2001 (66
                                     FR 56170), revisions approved on 9/
                                     20/2004 (69 FR 56170).
Special rule for modifications of   NSR regulations, COMAR 26.11.17,
 sources emitting less than 100      approved into SIP on 2/12/2001 (66
 tons Sec.   182(c)(7).              FR 56170), revisions approved on 9/
                                     20/2004 (69 FR 56170).

[[Page 54415]]

 
Special rule for modifications of   NSR regulations, COMAR 26.11.17,
 sources emitting 100 tons or more   approved into SIP on 2/12/2001 (66
 Sec.   182(c)(8).                   FR 56170), revisions approved on 9/
                                     20/2004 (69 FR 56170).
Contingency provisions Sec.         Must be submitted to EPA for
 182(c)(9).                          approval by 9/30/2012.
Offsets of 1.2 to 1 Sec.            NSR regulations, COMAR 26.11.17,
 182(c)(10).                         approved into SIP on 2/12/2001 (66
                                     FR 56170), revisions approved on 9/
                                     20/2004 (69 FR 56170).
------------------------------------------------------------------------

III. Proposed Action

    Pursuant to section 181(b)(2) of the CAA, EPA is proposing to 
determine, based on certified, quality-assured monitoring data for 
2008-2010, that the Baltimore Area did not attain the 1997 8-hour ozone 
standard by its June 15, 2011 attainment date. If EPA finalizes this 
determination, upon the effective date of the final determination, the 
Baltimore Area will be reclassified by operation of law as a serious 
1997 8-hour ozone nonattainment area. Pursuant to section 182(i) of the 
CAA, EPA is also proposing the schedule for submittal of the SIP 
revisions required for serious areas once the Baltimore Area is 
reclassified. Because the Baltimore Area was designated as a severe-15 
nonattainment area under the 1-hour ozone NAAQS (40 CFR 81.321), the 
State of Maryland has already implemented severe area requirements, and 
these measures have been approved into Maryland's SIP for the Baltimore 
Area. The Baltimore Area is subject to ``anti-backsliding'' provisions 
which require that the measures approved into Maryland's SIP for the 1-
hour NAAQS remain in the SIP. Because severe area measures are more 
stringent than serious area measures, the Baltimore Area already meets 
many of the required serious area measures. Therefore, the State of 
Maryland is only required to submit SIP revisions for any outstanding 
serious area measures for the 1997 8-hour ozone NAAQS. EPA is proposing 
that the State of Maryland submit the required SIP revisions to EPA by 
September 30, 2012.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed determination that the Baltimore Area 
did not attain the 1997 8-hour ozone NAAQS by its applicable attainment 
date does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), because this proposed action is 
not approved to apply in Indian country located in the state, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

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

    Dated: August 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-22449 Filed 8-31-11; 8:45 am]
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