[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Proposed Rules]
[Pages 42686-42688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17770]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0140; FRL-9702-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; the 2002 Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the fine particulate matter 
(PM2.5) 2002 base year emissions inventory portion of the 
Maryland State Implementation Plan (SIP) revision submitted by the 
State of Maryland, through the Maryland Department of the Environment 
(MDE), on April 3, 2008. The emissions inventory is part of the 
Maryland April 3, 2008 SIP revision that was submitted to meet 
nonattainment requirements related to Maryland's portion of the 
Washington DC-MD-VA nonattainment area (hereafter referred to as 
Maryland Area or Area) for the 1997 PM2.5 National Ambient 
Air Quality Standard (NAAQS) SIP. EPA is proposing to approve the 2002 
base year PM2.5 emissions inventory in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 20, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0140 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2010-0140, Donna Mastro, Acting 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-
2010-0140. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
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 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. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA established the 
1997 PM2.5 NAAQS, including an annual standard of 15.0 
[micro]g/m\3\ based on a 3-year average of annual mean PM2.5 
concentrations, and a 24-hour (or daily) standard of 65 [micro]g/m\3\ 
based on a 3-year average of the 98th percentile of 24-hour 
concentrations. EPA established the standards based on significant 
evidence and numerous health studies demonstrating that serious health 
effects are associated with exposures to PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and, by January 2001, established a complete set of air-quality 
monitors. On January 5, 2005, EPA promulgated initial air-quality 
designations for the 1997 PM2.5 NAAQS (70 FR 944), which 
became effective on April 5, 2005, based on air-quality monitoring data 
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the 
agency's initial designations (70 FR 19844), with the same effective 
date (April 5, 2005) at 70 FR 944. As a result of this supplemental 
rule, PM2.5 nonattainment designations are in effect for 39 
areas, comprising 208 counties within 20 states (and the District of 
Columbia) nationwide, with a combined population of approximately 88 
million. The Maryland Area which is the subject of this rulemaking was 
included in the list of areas not attaining the 1997 PM2.5 
NAAQS. The Maryland Area consists of the following counties in 
Maryland: Charles, Frederick, Montgomery and Prince Georges.
    On January 12, 2009 (74 FR 1146), EPA determined that Maryland had 
attained the 1997 PM2.5 NAAQS in the Maryland Area. That 
determination was based upon quality assured, quality controlled and 
certified ambient air monitoring data that showed the Area had 
monitored attainment of the 1997 PM2.5 NAAQS for the 2004-
2006 monitoring period and that continued to show attainment of the 
1997 PM2.5 NAAQS based on 2005-2007 data. The

[[Page 42687]]

January 12, 2009 determination suspended the requirements for Maryland 
to submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning SIP revisions related to attainment of the 
standard for so long as the nonattainment area continues to meet the 
1997 PM2.5 NAAQS. On March 5, 2012, MDE submitted a request 
for withdrawal of the Maryland 1997 PM2.5 SIP revisions 
including the withdrawal of the attainment plan, analysis of reasonably 
available control measures, attainment demonstration, contingency plans 
and mobile source budgets. To meet the requirements of CAA section 
172(c)(3), Maryland did not request the withdrawal of the 2002 base 
year emission inventory portion of the 1997 PM2.5 SIP 
revisions. Section 172(c)(3) of the CAA requires submission and 
approval of a comprehensive, accurate, and current inventory of actual 
emissions.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by MDE on April 3, 
2008 includes emissions estimates that cover the general source 
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise 
the inventory are nitrogen oxides (NOX), volatile organic 
compounds (VOCs), PM2.5, coarse particles (PM10), 
ammonia (NH3) and sulfur dioxide (SO2). EPA has 
reviewed the results, procedures and methodologies for the base year 
emissions inventory submitted by MDE. The year 2002 was selected by MDE 
as the base year for the emissions inventory per 40 CFR 51.1008(b). A 
discussion of the emissions inventory development as well as the 
emissions inventory can be found in Appendix B of the April 3, 2008 SIP 
submittal.
    Table 1, below, provides a summary of the annual 2002 emissions of 
NOX, VOCs, PM2.5, PM10, NH3 
and SO2 which were included in the Maryland submittal.

                                                 Table 1--Emissions of Pollutants in Tons per Year (TPY)
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                     Pollutant                            NOX              VOCs            PM2.5             PM10             NH3              SO2
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Emissions (TPY)...................................      109,041.17        98,626.04        12,825.42        30,826.06         5,174.36       169,788.65
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    The CAA section 172(c)(3) emissions inventory is developed by the 
incorporation of data from multiple sources. States were required to 
develop and submit to EPA a triennial emissions inventory according to 
the Consolidated Emissions Reporting Rule (CERR) for all source 
categories (i.e., point, area, nonroad mobile and on-road mobile). The 
2002 emissions inventory was based on data developed by the MDE Air and 
Radiation Management Administration (MDE-ARMA), the Maryland Department 
of Transportation (MDOT), the Metropolitan Washington Council of 
Government (MWCOG), and EPA for biogenic sources. The data were 
developed according to current EPA emissions inventory guidance 
``Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter NAAQS and Regional Haze Regulations,'' August 2005. 
EPA preliminarily agrees that the process used to develop this 
inventory and the emissions inventory is adequate to meet the 
requirements of CAA section 172(c)(3), the implementing regulations, 
and EPA guidance for emission inventories. More information regarding 
the review of the base year inventory can be found in the technical 
support document (TSD) titled ``2002 SIP Base Year Inventory'' that is 
located in this docket.

III. Proposed Action

    EPA is proposing to approve the 2002 base year emissions inventory 
portion of the SIP revision submitted by the State of Maryland through 
MDE on April 3, 2008. We have made the preliminary determination that 
this action is consistent with section 110 of the CAA. EPA is 
soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

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 CAA; 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 rule, pertaining to the PM2.5 
2002 base year emissions inventory portion of the Maryland SIP, does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because the SIP 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 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.


[[Page 42688]]


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

    Dated: July 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-17770 Filed 7-19-12; 8:45 am]
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