[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 75032-75034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29324]



[[Page 75031]]

Vol. 79

Tuesday,

No. 241

December 16, 2014

Part VII





Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Parts 52 and 81





Approval and Promulgation of Air Quality Implementation Plans; Final 
Rules

  Federal Register / Vol. 79 , No. 241 / Tuesday, December 16, 2014 / 
Rules and Regulations  

[[Page 75032]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0387; FRL-9920-41-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Redesignation Request and Associated Maintenance Plan for the 
Baltimore, Maryland Nonattainment Area for the 1997 Annual Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Maryland's request to redesignate to attainment the Baltimore, 
Maryland Nonattainment Area (Baltimore Area or Area) for the 1997 
annual fine particulate matter (PM2.5) national ambient air 
quality standard (NAAQS). EPA has determined that the Baltimore Area 
attained the standard and that it continues to attain the standard. In 
addition, EPA is approving, as a revision to the Maryland State 
Implementation Plan (SIP), the Baltimore Area maintenance plan to show 
maintenance of the 1997 annual PM2.5 NAAQS through 2025 for 
the Area. The maintenance plan includes the 2017 and 2025 
PM2.5 and nitrogen oxides (NOX) mobile vehicle 
emissions budgets (MVEBs) for the Baltimore Area for the 1997 annual 
PM2.5 NAAQS, which EPA is approving for transportation 
conformity purposes. These actions are being taken under the Clean Air 
Act (CAA).

DATES: This final rule is effective on December 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0387. All documents in the docket are listed in 
the 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 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. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
Air and Radiation Management Administration, 1800 Washington Boulevard, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers at (215) 814-2308, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 12, 2013, the State of Maryland, through the Maryland 
Department of the Environment (MDE), formally submitted a request to 
redesignate the Baltimore Area from nonattainment to attainment for the 
1997 annual PM2.5 NAAQS. Concurrently, MDE submitted a 
maintenance plan for the Baltimore Area as a SIP revision to ensure 
continued attainment throughout the Area over the next 10 years. In 
addition, the maintenance plan includes the 2017 and 2025 
PM2.5 and NOX MVEBs used for transportation 
conformity purposes for the Baltimore Area for the 1997 annual 
PM2.5 NAAQS.
    On October 3, 2014 (79 FR 59703), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of Maryland's redesignation request for the Baltimore 
Area for the 1997 annual PM2.5 NAAQS. EPA also proposed 
approval of the associated maintenance plan as a SIP revision for the 
1997 annual PM2.5 NAAQS, which includes the 2017 and 2025 
for PM2.5 and NOX MVEBs for the 1997 annual 
PM2.5 NAAQS for purposes of transportation conformity.
    In the October 3, 2014 NPR, EPA explains that the redesignation of 
the Baltimore Area does not rely on either the Clean Air Interstate 
Rule (CAIR) or the Cross State Air Pollution Rule (CSAPR) for 
maintenance. However, EPA notes here the changed status of CSAPR since 
the publication of the NPR on October 3, 2014. As discussed in the NPR, 
on April 29, 2014, the Supreme Court vacated and reversed the D.C. 
Circuit Court's decision regarding CSAPR and remanded that decision to 
the D.C. Circuit Court to resolve remaining issues in accordance with 
its ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 
(2014). In light of the April 29, 2014 Supreme Court decision, on June 
26, 2014, EPA moved to have the D.C. Circuit Court's December 30, 2011 
stay of CSAPR lifted. EME Homer City Generation, L.P. v. EPA, Case No. 
11-1302, Document No. 1499505 (D.C. Cir. filed June 26, 2014). On 
October 23, 2014, the D.C. Circuit Court granted EPA's motion and 
lifted the stay of CSAPR which was imposed on December 30, 2011. EME 
Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. Oct. 23, 
2014), Order at 3.
    The details of Maryland's submittal and the rationale for EPA's 
proposed actions are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

II. Final Action

    EPA is taking final actions on the redesignation request and SIP 
revision submitted by the State of Maryland on December 12, 2013, for 
the Baltimore Area for the 1997 annual PM2.5 NAAQS. First, 
EPA is approving Maryland's redesignation request for the 1997 annual 
PM2.5 NAAQS, because EPA has determined that the request 
meets the redesignation criteria set forth in section 107(d)(3)(E) of 
the CAA for this standard. Second, EPA is finding that the Baltimore 
Area is attaining and will continue to attain the 1997 annual 
PM2.5 NAAQS. Third, EPA is approving the associated 
maintenance plan for the Baltimore Area as a revision to the Maryland 
SIP for the 1997 annual PM2.5 NAAQS because it meets the 
requirements of section 175A of the CAA. EPA is also approving the 2017 
and 2025 PM2.5 and NOX MVEBs submitted by 
Maryland for Baltimore Area for transportation conformity purposes. 
Approval of this redesignation request will change the official 
designation of the Baltimore Area from nonattainment to attainment for 
the 1997 annual PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. A 
delayed effective date is unnecessary due to the nature of a 
redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to

[[Page 75033]]

prepare before the rule takes effect. Rather, today's rule relieves the 
State of Maryland of the obligation to comply with nonattainment-
related planning requirements for the Area pursuant to Part D of the 
CAA and approves certain emissions inventories and MVEBs for the Area. 
For these reasons, EPA finds good cause under 5 U.S.C. 553(d) for this 
action to become effective on the date of publication of this notice.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of a geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act 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 approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. 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 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 17, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does 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, approving the redesignation request and maintenance 
plan for the Baltimore Area for the 1997 annual PM2.5 NAAQS 
may not be challenged later in proceedings to enforce its requirements. 
See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: December 3, 2014.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart V- Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding an 
entry for the 1997 Annual PM2.5 Maintenance Plan for the 
Baltimore Area at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 75034]]



----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of non-regulatory  SIP          Applicable         submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual fine particulate       Baltimore, MD 1997       12/12/13   12/16/14 [Insert      See Sec.
 (PM2.5) Maintenance Plan for the   annual PM2.5                        Federal Register      52.2526(k) and
 Baltimore, MD Area.                nonattainment area.                 Citation].            Sec.   52.2531(h).
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1081 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.1081  Control strategy: Particulate matter.

* * * * *
    (e) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Baltimore, MD nonattainment area 
for the 1997 annual PM2.5 NAAQS submitted by the State of 
Maryland on December 12, 2013. The maintenance plan includes motor 
vehicle emission budgets (MVEBs) to be applied to all future 
transportation conformity determinations and analyses for the 
Baltimore, MD Area for the 1997 PM2.5 NAAQS.

           Baltimore, MD Area's Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
                Type of control strategy SIP                    Year         NOX        PM2.5         of SIP
                                                                                                     approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...........................................        2017   29,892.01    1,218.60        12/16/14
                                                                   2025   21,594.96    1,051.39
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
5. Section 81.321 the table entitled ``Maryland-1997 Annual 
PM2.5 NAAQS, [Primary and secondary]'' is amended by 
revising the entry for the Baltimore, MD Area to read as follows:


Sec.  81.321  Maryland.

* * * * *

                                        Maryland-1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                                   Designation \a\           Classification
                       Designated area                       ---------------------------------------------------
                                                                Date \1\       Type       Date \2\       Type
----------------------------------------------------------------------------------------------------------------
Baltimore, MD:
    Anne Arundel County.....................................     12/16/14   Attainment  ...........  ...........
    Baltimore County........................................     12/16/14   Attainment  ...........  ...........
    Carroll County..........................................     12/16/14   Attainment  ...........  ...........
    Harford County..........................................     12/16/14   Attainment  ...........  ...........
    Howard County...........................................     12/16/14   Attainment  ...........  ...........
    City of Baltimore.......................................     12/16/14   Attainment  ...........  ...........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2014-29324 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P