[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4901-4903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2218]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R03-OAR-2011-0681; FRL-9625-3]


Designation of Areas for Air Quality Planning Purposes; Maryland; 
Determination of Nonattainment and Reclassification of the Baltimore 
1997 8-Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a determination 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 and EPA 
extended the area's attainment date to June 15, 2011. This 
determination 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. As a result of this determination, the Baltimore Area 
is reclassified by operation of law as a serious 8-hour ozone 
nonattainment area for the 1997 8-hour ozone standard. Consequently, 
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 setting the due date for the State of Maryland to submit the 
necessary SIP revisions to EPA as no later than September 30, 2012. The 
serious area attainment date for the Baltimore Area is as expeditiously 
as practicable, but not later than June 15, 2013. This action is being 
taken under the CAA.

DATES: Effective Date: This final rule is effective on March 2, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0681. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy 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.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On September 1, 2011 (76 FR 54412), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
to determine that the Baltimore Area did not attain the 1997 8-hour 
ozone NAAQS by its June 15, 2011 attainment date. The Baltimore Area 
encompasses Baltimore City and Anne Arundel, Baltimore, Carroll, 
Harford, and Howard Counties, all in Maryland. 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 was 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 AQS database.
    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. At that time, 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. This rulemaking relates only to the 1997 8-hour 
ozone NAAQS, and does not address the 2008 NAAQS.

II. Summary of Action

    EPA is determining that the Baltimore Area did not attain the 1997 
8-hour ozone NAAQS by its June 15, 2011 attainment date. As a result of 
this

[[Page 4902]]

determination, the Baltimore Area is reclassified by operation of law 
as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone 
standard. Consequently, the State of Maryland must submit SIP revisions 
for the Baltimore Area to meet the CAA requirements for serious ozone 
nonattainment areas. The State of Maryland must submit the necessary 
SIP revisions to EPA by no later than September 30, 2012. The serious 
area attainment date for the Baltimore Area is as expeditiously as 
practicable, but not later than June 15, 2013.
    Other specific information regarding this determination and 
reclassification and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here.

III. Summary of Public Comment and EPA Response

    On October 3, 2011, EPA received comments on the NPR from Emery 
Hines, Empowered Representative Chair of the Baltimore Regional 
Transportation Board (BRTB). A summary of the comments submitted and 
EPA's response is provided below.
    Comment: The commenter wrote in support of the Maryland Department 
of the Environment (MDE) being allowed the option to use a ``hybrid'' 
modeling approach to complete the SIPs required once the Baltimore Area 
is reclassified to serious. The approach would use EPA's Motor Vehicle 
Emission Simulator (MOVES) model to establish attainment year mobile 
source emissions budgets, but would use existing air quality modeling 
that used MOBILE6.2-based mobile emissions for the serious area 
attainment demonstration modeling.
    Response: Starting March 2, 2010, EPA's MOVES model must be used to 
establish motor vehicle emissions budgets in all new SIPs. (See 75 FR 
9411.) Therefore, MOVES must be used to develop the emission 
inventories for the serious area reasonable further progress (RFP) 
requirements resulting from this reclassification. Furthermore, MOVES 
must be used to establish motor vehicle emissions budgets associated 
with RFP and the attainment year.
    Comment: The commenter stated that given the short timeframe to 
submit the revised SIP and resource limitations in providing a new air 
quality modeling demonstration using MOVES, the BRTB supports the 
option of a hybrid approach that provides for the best use of available 
resource while protecting air quality.
    Responses: EPA will work closely with MDE to develop its serious 
area attainment demonstration for the Baltimore Area, while being 
mindful of time and resource constraints. Therefore, EPA intends to 
allow MDE to use its existing attainment demonstration modeling, which 
used MOBILE6.2, for the serious area SIP. However, the attainment 
demonstration modeling should be supplemented with more recently 
available modeling from EPA and/or the Ozone Transport Commission, 
which uses MOVES, as part of a weight of evidence analysis.

IV. Final Action

    EPA is making a determination that the Baltimore Area did not 
attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment 
date. The Baltimore Area is reclassified by operation of law as a 
serious 8-hour ozone nonattainment area for the 1997 8-hour ozone 
standard. Consequently, the State of Maryland must submit SIP revisions 
for the Baltimore Area to meet the CAA requirements for serious ozone 
nonattainment areas by no later than September 30, 2012. The serious 
area attainment date for the Baltimore Area is as expeditiously as 
practicable, but not later than June 15, 2013.

V. Statutory and Executive Order Reviews

    Under the CAA, within six months following the applicable 
attainment date (including any extension thereof) for an ozone 
nonattainment area, the Administrator is required to determine whether 
the area attained the standard by that date, and if attainment has not 
been achieved, the area ``shall be reclassified by operation of law.'' 
42 U.S.C. 7511(b)(2). Thus, in actions addressing failure to attain a 
NAAQS by an applicable attainment date, EPA's role is to simply review 
the relevant air quality information provided by the state, and if the 
area did not meet the NAAQS by the applicable attainment date, EPA must 
reclassify the area as required under the Act. Accordingly, this action 
does not impose additional requirements beyond those mandated by the 
CAA itself. For that reason, this 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the specific nonattainment finding and reclassification do not 
trigger Clean Air Act requirements for tribal governments pursuant to 
the Tribal Authority Rule (40 CFR 49.1 et seq), and thus will not 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. section 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 
action 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. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    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 April 2, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does

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not affect the finality of this action 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, determining that the Baltimore Area did 
not attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment 
date and reclassifying the Baltimore Area by operation of law to be a 
serious 8-hour ozone nonattainment area for the 1997 8-hour ozone 
standard, may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: January 24, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.321 the table entitled ``Maryland--Ozone (8-Hour 
Standard)'' is amended by revising the entries for Baltimore, MD, 
revising footnote 4, and adding a new footnote 5 at the end of the 
table to read as follows:


Sec.  81.321  Maryland.

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                                        Maryland--Ozone (8-Hour Standard)
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                                              Designation \a\                    Category/classification
          Designated area           ----------------------------------------------------------------------------
                                      Date\1\            Type            Date\1\                Type
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Baltimore, MD:
    Anne Arundel County............  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
    City of Baltimore..............  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
    Baltimore County...............  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
    Carroll County.................  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
    Harford County.................  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
    Howard County..................  .........  Nonattainment.........      (\5\)  Subpart 2/Serious.\4\
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
* * * * * * *
\4\ Attainment date is June 15, 2013.
\5\ Effective March 2, 2012.

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[FR Doc. 2012-2218 Filed 1-31-12; 8:45 am]
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