[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Proposed Rules]
[Pages 26188-26196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10222]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0788; FRL-9945-80-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor 
Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the serious nonattainment area reasonable further progress 
(RFP) plan for the Baltimore serious nonattainment area for the 1997 8-
hour ozone national ambient air quality standard (NAAQS). The SIP 
revision includes 2011 and 2012 RFP milestones, contingency measures 
for failure to meet RFP, and updates to the 2002 base year inventory 
and the 2008 reasonable RFP plan previously approved by EPA. EPA is 
also proposing to approve the transportation conformity motor vehicle 
emissions budgets (MVEBs) associated with this revision. This action is 
being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 1, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2015-0788 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION: 

I. Background

A. The Baltimore Area

    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.\1\ 
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.
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    \1\ EPA revoked the 1997 8-hour ozone NAAQS, effective April 6, 
2015. See 80 FR 12264 (March 06, 2015). EPA revised the ozone NAAQS 
in both 2008 and 2015. EPA lowered the level of the 8-hour NAAQS to 
0.075 ppm and then 0.070 ppm. See 73 FR 16483 (March 27, 2008) and 
80 FR 65291 (October 26, 2015). This SIP revision does not address 
the 2008 and 2015 ozone NAAQS.
---------------------------------------------------------------------------

    On April 30, 2004, EPA finalized its attainment/nonattainment 
designations for areas across the country with respect to the 1997 8-
hour ozone standard. 69 FR 23858. These actions became effective on 
June 15, 2004. Among those

[[Page 26189]]

nonattainment areas was the Baltimore, Maryland moderate nonattainment 
area (the Baltimore Area). The Baltimore Area includes Baltimore City 
and Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties, 
which are all in Maryland.
    Pursuant to Phase 1 of the 8-hour ozone implementation rule for the 
1997 8-hour ozone NAAQS, an area was classified under Subpart 2 of the 
CAA based on its 8-hour design value if that area had a 1-hour design 
value at or above 0.121 ppm (the lowest 1-hour design value in Table 1 
of Subpart 2). See 69 FR 23951 (April 30, 2004). Based on this 
criterion, the Baltimore Area was classified under Subpart 2 as a 
moderate nonattainment area. Moderate areas were required to attain the 
1997 8-hour ozone NAAQS within 6 years of designation, or by June 15, 
2010.
    The Baltimore Area did not attain the 1997 8-hour ozone NAAQS by 
June 2010. However, the area was eligible for a one-year extension of 
its attainment date, from June 15, 2010 to June 15, 2011. EPA granted 
that attainment date extension on March 11, 2011. 76 FR 13289. The 
extension was based on the air quality data for the 4th highest daily 
8-hour monitored value during the 2009 ozone season.
    The Baltimore Area also did not attain the 1997 8-hour ozone NAAQS 
by June 2011. The area did not qualify for a second one-year extension 
of its attainment date, based on air quality data monitored during the 
2009 and 2010 ozone seasons. Therefore, on February 1, 2012, EPA made a 
determination that the Baltimore Area did not attain the 1997 8-hour 
ozone NAAQS by its attainment date. 77 FR 4901. As a result of this 
determination, the Baltimore Area was reclassified by operation of law 
as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone 
standard. See 40 CFR 81.321. Consequently, the State of Maryland was 
required to submit SIP revisions for the Baltimore Area to meet the CAA 
requirements for serious ozone nonattainment areas. EPA set the due 
date for the serious area SIP revision as no later than September 30, 
2012. The serious area attainment date for the Baltimore Area was as 
expeditiously as practicable, but not later than June 15, 2013. MDE 
submitted its July 22, 2013 SIP revision request, the Baltimore 8-hour 
Serious Area Plan, pursuant to this requirement.
    On May 26, 2015, EPA determined that the Baltimore Area attained 
the 1997 8-hour ozone NAAQS, based on monitored ambient air quality 
data for the 2012-2014 monitoring period. 80 FR 29970. Under the 
provisions of EPA's ozone implementation rule (40 CFR 51.918), when EPA 
issues a determination that an area is attaining the relevant standard, 
that determination suspends the area's obligations to submit an 
attainment demonstration, reasonably available control measures (RACM), 
RFP plan, contingency measures and other planning requirements under 
part D of title I of the CAA related to attainment of the 1997 8-hour 
ozone NAAQS for as long as the area continues to attain the 
standard.\2\ Preliminary (i.e., not yet quality assured or certified) 
monitoring data for the 2013-2015 monitoring period indicates that the 
Baltimore Area continues to attain the 1997 8-hour ozone NAAQS.\3\ 
Although the requirement to submit these plan elements is suspended, 
EPA is not precluded from acting upon these elements at any time if a 
state still submits them to EPA for review and approval. Therefore, the 
requirement for Maryland to submit certain serious area SIP elements 
pursuant to sections 172 and 182 of the CAA has been suspended. 
However, Maryland had already submitted its July 22, 2013 serious area 
SIP revision, and MDE requested that EPA act on the RFP plan, RFP 
contingency measures, MVEBs and emission inventories contained in the 
SIP revision submittal. EPA is proposing to approve these elements as 
SIP strengthening measures pursuant to section 110 of the CAA. 
Considering the most recent ambient air quality monitoring data, the 
Baltimore Area continues to meet the 1997 8-hour ozone NAAQS.
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    \2\ Pursuant to 40 CFR 51.918, ``[u]pon a determination by EPA 
that an area designated nonattainment for the 8-hour ozone NAAQS has 
attained the standard, the requirements for such area to submit 
attainment demonstrations and associated reasonably available 
control measures, reasonable further progress plans, contingency 
measures, and other planning SIPs related to attainment of the 8-
hour ozone NAAQS shall be suspended until such time as: The area is 
redesignated to attainment, at which time the requirements no longer 
apply; or EPA determines that the area has violated the 8-hour ozone 
NAAQS.''
    \3\ The Preliminary 2013-2015 Baltimore Monitoring Ozone Data 
Report can be found online at http://www.regulations.gov, Docket 
number EPA-R03-OAR-2015-0788.
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B. Serious Area Requirements

    Section 182 of the CAA and EPA's 1997 8-hour ozone regulations (40 
CFR 51.910) require each moderate and above 8-hour ozone nonattainment 
area to submit an emissions inventory and RFP SIP revision that 
describes how the area will achieve actual emissions reductions of 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
from a baseline emissions inventory. An emissions inventory is an 
estimation of actual emissions of air pollutants in an area. The 
emissions inventory for an ozone nonattainment area contains VOC and 
NOX emissions, which are precursors to ozone formation. In 
this case, a ``baseline'' emissions inventory is required for the year 
2002. See EPA's Phase 2 Final Rule for Implementation of the 8-hour 
Ozone Standard (Phase 2 Rule), 70 FR 71612, 71615 (November 29, 2005).
    EPA's Phase 1 Final Rule for Implementation of the 8-hour Ozone 
Standard (Phase 1 Rule), published on April 30, 2004, set out criteria 
for classifying nonattainment areas under the 1997 8-hour ozone 
standard. 69 FR 23951. The Phase 1 Rule also addressed revocation of 
the 1-hour ozone NAAQS; how anti-backsliding principles will ensure 
continued progress toward attainment of the 8-hour ozone NAAQS; 
attainment dates; and the timing of emissions reductions needed for 
attainment. On November 29, 2005, EPA published the Phase 2 Rule. 70 FR 
71612. The Phase 2 Rule addressed the RFP control and planning 
obligations as they apply to areas designated nonattainment for the 
1997 8-hour ozone NAAQS. The Phase 2 Rule was revised on June 8, 2007. 
72 FR 31727. Among other things, the Phase 1 and 2 Rules outline the 
SIP requirements and deadlines for various requirements in areas 
designated as nonattainment for the 1997 8-hour ozone NAAQS. The rules 
set a due date of June 15, 2007 for the required base year emission 
inventory, RFP plan, modeling and attainment demonstration, RACM, 
MVEBs, and contingency measures (40 CFR 51.908(a), (c)).

C. The Moderate Area Plan

    On June 4, 2007, Maryland submitted a comprehensive SIP revision 
request to address moderate area ozone requirements for the Baltimore 
Area. That 2007 ``Moderate Area Plan'' SIP revision request included 
the 2002 base year emissions inventory, a 2008 RFP plan, including a 
2008 ozone projected emission inventory, a RACM analysis, an attainment 
demonstration (including modeling and weight of evidence), a 2009 
attainment year inventory, contingency measures for RFP and attainment, 
and 2008 and 2009 MVEBs for the Baltimore Area. On June 4, 2010, EPA 
approved the 2002 base year inventory, RFP plan up to 2008, RFP 
contingency measures, RACM demonstration, and 2008 MVEBs associated 
with the 2007 moderate area SIP revision submittal. 75 FR 31709.

[[Page 26190]]

D. The Serious Area Plan

    On July 22, 2013, the Maryland Department of the Environment (MDE) 
submitted the SIP revision, ``Baltimore Serious Nonattainment Area 0.08 
ppm 8-Hour Ozone State Implementation Plan Demonstrating Rate of 
Progress for 2008, 2011 and 2012 Revision to 2002 Base Year Emissions; 
and Serious Area Attainment Demonstration, SIP Number: 13-07,'' (the 
Serious Area Plan). That SIP revision submittal included updates to the 
2002 base year emissions inventory and 2008 RFP plan that EPA 
previously approved into the Maryland SIP, RFP for 2011 and 2012, an 
attainment demonstration, including modeling and weight of evidence, 
RFP and attainment contingency measures, a RACM determination, and 2012 
MVEBs. After EPA determined Baltimore had attained the 1997 8-hour 
ozone standard, Maryland, by letter dated October 20, 2015, withdrew 
the attainment demonstration, including modeling and weight of 
evidence, contingency measures for attainment, and the RACM analysis 
from consideration as a SIP revision. Therefore, those elements are not 
addressed in this rulemaking action.

II. Summary of SIP Revision and EPA Evaluation

    EPA's analysis and findings are discussed in this proposed 
rulemaking, and a more detailed discussion is contained in the 
Technical Support Documents (TSD) for this proposed rulemaking action, 
which is available online at http://www.regulations.gov, Docket number 
EPA-R03-OAR-2015-0788.

A. Base Year Emissions Inventory

1. Requirement
    An emissions inventory is a comprehensive, accurate, and current 
inventory of actual emissions from all sources. The emissions inventory 
is required by section 172(c)(3) of the CAA. For ozone nonattainment 
areas, the emissions inventory needs to contain VOC and NOX 
emissions because these pollutants are precursors of ozone. EPA 
recommended 2002 as the base year emissions inventory, which is 
therefore the starting point for calculating RFP. Maryland submitted 
its 2002 base year emissions inventory for the Baltimore Area in its 
2007 moderate area plan. EPA approved that inventory on June 4, 2010 
(75 FR 31709).
2. State Submittal and EPA Evaluation
    In its Serious Area Plan for the Baltimore area, Maryland updated 
the 2002 base year inventory. The update was needed to reflect the 
change to EPA's approved model for onroad mobile sector emissions, from 
the Mobile Source Emission Factor Model (MOBILE) to the Motor Vehicle 
Emission Simulator (MOVES) model, as well as updates to EPA's NONROAD 
model. The updated 2002 base year inventory is discussed in Section 3 
of Maryland's Serious Area Plan.
    A summary of the approved and updated Baltimore Area 2002 base year 
VOC and NOX emissions inventories are included in Table 1. 
EPA notes that the updates to the onroad and nonroad emissions result 
in a lower total base year emissions inventory for VOCs, and a higher 
total for NOX.

     Table 1--Comparison of SIP Approved Versus Updated Baltimore Area 2002 Base Year VOC and NOX Emissions
                                        [Ozone season tons per day (tpd)]
----------------------------------------------------------------------------------------------------------------
                                                                         VOC                       NOX
                                                             ---------------------------------------------------
                  Emission source category                        SIP                       SIP
                                                                approved     Updated      approved     Updated
----------------------------------------------------------------------------------------------------------------
Point.......................................................        13.88        13.88       111.88       111.89
Stationary Area.............................................       116.81       116.81         8.18         8.18
Nonroad Mobile..............................................        70.22        59.61        40.96        49.18
Onroad Mobile...............................................        70.57        72.48       177.06       202.22
                                                             ---------------------------------------------------
    Total (excluding Biogenic Emissions)....................       271.48     * 262.77       338.08       371.47
Biogenic Emissions..........................................       223.20       223.20            0            0
----------------------------------------------------------------------------------------------------------------
* Note: The 2002 updated data is pulled from Table 5-1 in the Serious Area Plan. With that table, MDE states,
  ``Small discrepancies may result due to rounding.''

    EPA reviewed Maryland's updates to its 2002 base year inventory for 
the Baltimore Area using the appropriate EPA policy and guidance, and 
found MDE's procedures, methodologies, and results for the Baltimore 
Area 2002 base year inventory to be reasonable. A detailed evaluation 
of the emissions inventories contained in the Serious Area Plan is 
contained in a separate November 9, 2015 technical support document, 
entitled ``Technical Support Document (TSD) for the Baltimore 
Nonattainment Area 8-Hour Ozone State Implementation Plan: 
Demonstrating Rate of Progress for 2008, 2011, and 2012; Revision to 
2002 Base Year Emissions; and Serious Area Attainment Demonstration,'' 
(the Baltimore Serious Area Emissions Inventory TSD), which is 
available online at http://www.regulations.gov, Docket number EPA-R03-
OAR-2015-0788. EPA thus proposes to approve the revised 2002 emissions 
inventory.

B. Adjusted Base Year Inventory, 2008 RFP Target Levels, and 
Determination of 2008 RFP

1. Requirement
    The Baltimore Area was originally classified as moderate for the 
1997 8-hour ozone NAAQS. As such, the CAA requires a 15 percent (%) 
reduction in ozone precursor emissions over an initial 6-year period. 
In the Phase 2 Rule, EPA interpreted this requirement for areas that 
were also designated nonattainment and classified as moderate or higher 
for the 1-hour ozone standard. In the Phase 2 Rule, EPA provided that 
an area classified as moderate or higher that has the same boundaries 
as an area, or is entirely composed of several areas or portions of 
areas, for which EPA fully approved a 15% plan for the 1-hour ozone 
NAAQS, is considered to have met the requirements of section 182(b)(1) 
of the CAA for the 8-hour NAAQS for the 15% reduction in ozone 
precursor emissions. In this situation, a moderate nonattainment area 
is subject to RFP under section 172(c)(2) of the CAA and shall submit, 
no later than 3 years after designation for the 8-hour NAAQS, a SIP 
revision that meets the requirements

[[Page 26191]]

of 40 CFR 51.910(b)(2) for RFP. The RFP SIP revision must provide for a 
15% emission reduction (either NOX and/or VOC) accounting 
for any growth that occurs during the 6-year period following the 
baseline emissions inventory year, that is, 2002-2008.
    The Baltimore Area was classified as severe under the 1-hour ozone 
standard, and had the same boundary as the Baltimore Area under the 
1997 8-hour ozone standard. On July 12, 1995, Maryland submitted a 15% 
Plan SIP revision for the Baltimore Area. On February 2, 2000, EPA 
approved Maryland's 15% plan for the Baltimore severe 1-hour ozone 
nonattainment area. 65 FR 5252. Therefore, according to the Phase 2 
Rule, the RFP plan for the Baltimore Area may use either NOX 
or VOC emissions reductions (or both) to achieve the 15% emission 
reduction requirement.
2. State Submittal and EPA Evaluation
    On June 4, 2010, EPA approved Maryland's moderate area RFP that 
provided for a 15% emissions reduction from 2002 to 2008, contained in 
the Moderate Area Plan. 75 FR 31709. Maryland, however, needed to 
update the 2008 target levels for its Serious Area Plan because they 
are the basis for the new 2011 and 2012 target level calculations for 
RFP. In the Serious Area Plan, MDE updated its 15% RFP plan to reflect 
EPA's change from MOBILE to MOVES for onroad emission modeling and 
updates to EPA's NONROAD model.
a. Adjusted Base Year Inventory, 2008 RFP Target Levels
    Maryland set out its calculations for the adjusted base year 
inventory and 2008 RFP target levels in Section 5 of Maryland's Serious 
Area Plan. EPA previously approved 2008 RFP for the Baltimore Area. See 
75 FR 31709 (June 4, 2010). EPA required MDE to update the 2008 target 
levels for RFP so that they could be used to calculate the 2011 and 
2012 target levels in the Serious Area Plan. In the TSD prepared for 
this rulemaking action, EPA reviewed the revised 2008 target levels 
calculations in the Serious Area Plan, summarized in Table 2, and 
determined that they were done correctly and are approvable.

       Table 2--Baltimore Area 2008 RFP Target Level Calculations
                           [Ozone season tpd]
------------------------------------------------------------------------
           Description               Formula        VOC          NOX
------------------------------------------------------------------------
A. 2002 Adjusted Base Year         ...........       258.69       369.69
 Inventory Relative To 2008......
B. RFP Ratio.....................  ...........       0.0800       0.0700
C. Emissions Reductions Required         A * B        20.70        25.88
 Between 2002 & 2008.............
D. Target Level for 2008.........          A-C       238.00       343.81
------------------------------------------------------------------------

b. Projected 2008 Inventories and Determination of RFP
    Maryland describes its methods used for developing its 2008 
projected VOC and NOX inventories in Section 4 and Appendix 
A of the Serious Area Plan. Projected controlled 2008 emissions for the 
Baltimore Area are summarized in Tables 4-5 of the Serious Area Plan, 
and are presented in Table 3. EPA reviewed the procedures Maryland used 
to develop its projected inventories and found them to be reasonable. 
For more information on EPA's analysis in proposing to approve the 
projected inventories, please see the Baltimore Serious Area Emissions 
Inventory TSD.

 Table 3--Baltimore Area 2008 Projected Controlled VOC and NOX Emissions
                           [Ozone season tpd]
------------------------------------------------------------------------
                                                    VOC          NOX
                Source category                  emissions    emissions
------------------------------------------------------------------------
Point.........................................        15.63       122.64
Area..........................................       108.17         8.43
Non-road......................................        44.04        42.85
Mobile........................................        50.12       125.69
                                               -------------------------
    Total.....................................       217.96       299.62
------------------------------------------------------------------------

    To determine if 2008 RFP is met in the Baltimore Area, the total 
projected controlled emissions must be compared to the 2008 target 
levels of emissions. As shown in Table 4, the Serious Area Plan 
demonstrates that sufficient emission reductions occurred between 2002 
and 2008 to meet the 2008 RFP target levels. Thus, EPA proposes to 
approve the Baltimore Area's revised 2008 RFP.

    Table 4--Comparison of the 2008 RFP Measure Target Levels Versus
          Projected Controlled Emissions in the Baltimore Area
                           [Ozone season tpd]
------------------------------------------------------------------------
           Description               VOC emissions       NOX emissions
------------------------------------------------------------------------
A. Total 2008 Projected           217.96............  299.62.
 Controlled Emissions.
B. Target Level for 2008........  238.00............  343.81.
RFP is met if A < B.............  Yes...............  Yes.
------------------------------------------------------------------------


[[Page 26192]]

C. 2011 and 2012 RFP Target Levels and Determination of RFP

1. Requirement
    Serious 8-hour ozone nonattainment areas are subject to RFP 
requirements in section 182(c)(2)(B) of the CAA that require an average 
of 3% per year of VOC and/or NOX emissions reductions for 
all remaining 3-year periods after the first 6-year period out to the 
area's attainment date (2008-2011, and 2011-2012). For a serious area, 
such as the Baltimore Area, with an approved 15% rate of progress (ROP) 
plan under the 1-hour standard, states can use reductions from VOC or 
NOX or a combination of either.
    2011 and 2012 target levels are calculated in the same manner as 
the 2008 targets, except that the baseline is the previous target 
level, not the 2002 base year inventory. The 2008 target levels are 
thus used as the basis for calculating 2011 targets. Similarly, 2011 
target levels are used to calculate the 2012 targets.
2. State Submittal and EPA Evaluation
a. Adjusted Base Year Inventories, 2011 and 2012 RFP Target Levels
    2011 and 2012 RFP calculations can be found in Sections 6 and 7 of 
the Serious Area Plan, respectively. In the TSD prepared for this 
rulemaking action, EPA reviewed the 2011 and 2012 target levels 
calculations in the Serious Area Plan, summarized in Table 5, and 
determined that they were done correctly and are approvable and 
therefore EPA proposes to approve them.

                        Table 5--Baltimore Area 2011 & 2012 RFP Target Level Calculations
                                               [Ozone season tpd]
----------------------------------------------------------------------------------------------------------------
                           Description                                Formula           VOC             NOX
----------------------------------------------------------------------------------------------------------------
                                                   2011 Target
----------------------------------------------------------------------------------------------------------------
A. 2008 Adjusted Base Year Inventory Relative To 2011...........  ..............          237.71          343.81
B. RFP Ratio....................................................  ..............          0.0600          0.0300
C. Emissions Reductions Required Between 2008 & 2011............           A * B           14.28           10.31
D. Target Level for 2011........................................           A - C          223.72          333.49
----------------------------------------------------------------------------------------------------------------
                                                   2012 Target
----------------------------------------------------------------------------------------------------------------
A. 2011 Adjusted Base Year Inventory Relative To 2012...........  ..............          223.73          333.32
B. RFP Ratio....................................................  ..............          0.0150          0.0150
C. Emissions Reductions Required Between 2011 & 2012............           A * B            3.36            5.00
D. Target Level for 2012........................................           A - C          220.38          328.49
----------------------------------------------------------------------------------------------------------------

b. Projected 2011 and 2012 Inventories and Determination of RFP
    Maryland describes its methods used for developing its 2011 and 
2012 projected VOC and NOX inventories in Section 4.0 and 
Appendix A of the Serious Area Plan. Projected 2011 and 2012 VOC and 
NOX emissions are found in Appendix A of the Baltimore 
Serious Area Plan. EPA reviewed the procedures Maryland used to develop 
its projected inventories and found them to be reasonable. For details 
on EPA's analysis, see the Baltimore Serious Area Emissions Inventory 
TSD.
    Projected controlled 2011 and 2012 emissions for the Baltimore Area 
are summarized in the Serious Area Plan, in Tables 4-6 and 4-7, 
respectively. That data is presented in Table 6.

                 Table 6--Baltimore Area 2011 and 2012 Projected Controlled VOC & NOX Emissions
                                               [Ozone season tpd]
----------------------------------------------------------------------------------------------------------------
                                                                        2011                      2012
                                                             ---------------------------------------------------
                       Source category                            VOC          NOX          VOC          NOX
                                                               emissions    emissions     emission    emissions
----------------------------------------------------------------------------------------------------------------
Point.......................................................        16.79        95.21        17.19        94.79
Area........................................................       106.07         8.54       106.79         8.56
Non-road....................................................        38.26        38.12        35.69        36.05
Mobile......................................................        44.54       104.62        40.23        93.47
                                                             ---------------------------------------------------
    Total...................................................       205.65       246.48       199.90       232.88
----------------------------------------------------------------------------------------------------------------

    To determine if 2011 and 2012 RFP is met in the Baltimore Area, the 
total projected controlled emissions must be compared to the target 
levels calculated in the previous section of this rulemaking. As shown 
in Table 7, the Serious Area Plan demonstrates that sufficient emission 
reductions occurred between 2008 and 2011 and between 2011 and 2012 to 
meet the 2011 and 2012 RFP target levels. Therefore, the Serious Area 
Plan demonstrates 2011 and 2012 RFP in the Baltimore Area, and EPA 
proposes to approve the 2011 and 2012 RFP in the Serious Area Plan.

[[Page 26193]]



   Table 7--Comparison of the 2011 and 2012 RFP Measure Target Levels
       Versus Projected Controlled Emissions in the Baltimore Area
                           [Ozone season tpd]
------------------------------------------------------------------------
                                                    VOC          NOX
                  Description                    emissions    emissions
------------------------------------------------------------------------
                                2011 RFP
------------------------------------------------------------------------
A. Total 2011 Projected Controlled Emissions..       205.65       246.48
B. Target Level for 2011......................       223.72       333.49
RFP is met if A < B...........................          Yes          Yes
------------------------------------------------------------------------
                                2012 RFP
------------------------------------------------------------------------
 
A. Total 2012 Projected Controlled Emissions..       199.90       232.88
B. Target Level for 2012......................       220.38       328.49
RFP is met if A < B...........................          Yes          Yes
------------------------------------------------------------------------

D. Control Measures and Emission Reductions for RFP

1. Requirement
    Emission reductions to meet RFP must be from permanent and 
enforceable emission control measures.
2. State Submittal and EPA Evaluation
    The control measures for which Maryland took credit in order to 
meet the RFP requirement in the Baltimore Area are described in Section 
8 of the Serious Area Plan. To meet the RFP requirement for the 
Baltimore Area, Maryland used a combination of point, onroad mobile, 
nonroad mobile, and area source control measures as described in this 
section of this rulemaking action.
a. Onroad Mobile Measures
    The onroad mobile measures Maryland used to meet RFP in the 
Baltimore Area include enhanced vehicle inspection and maintenance 
(enhanced I/M), Tier I vehicle emission standards and new federal 
evaporative test procedures (Tier I), reformulated gasoline, the 
national low emission vehicle (NLEV) program, and the federal heavy-
duty diesel engine (HDDE) rule. Maryland calculated the emission 
reductions for 2008, 2011, and 2012 RFP using the MOVES model for these 
onroad mobile measures. EPA reviewed the procedures that MDE used to 
develop its projected inventories, including the use of the MOBILE 
model, and found them to be reasonable. For details on EPA's analysis, 
see the Baltimore Serious Area Emissions Inventory TSD.
b. Area (Nonpoint) Source Measures
    The area source measures Maryland used to meet RFP in the Baltimore 
Area include four Ozone Transport Commission (OTC) rules, Commercial 
and Consumer Products (Phases 1 and 2), Architectural and Industrial 
Maintenance Coatings (AIM), Portable Fuel Containers (PFC) (Phases 1 
and 2), and Industrial Adhesives and Sealants. In the TSD for this 
action, EPA evaluated each of these measures and calculated the 
emission reductions for each measure, and finds the emission reductions 
Maryland claimed for these measures to be reasonable.
c. Non-Road Measures--NONROAD Model
    The non-road mobile measures Maryland used to meet RFP in the 
Baltimore Area include Non-Road Small Gasoline Engines, Non-Road Diesel 
Engines (Tier I and Tier II), Marine Engine Standards, Emissions 
Standards for Large Spark Ignition Engines, and Reformulated Gasoline 
Use in Non-Road Motor Vehicles and Equipment. Maryland used the EPA 
NONROAD model to calculate 2008, 2011, and 2012 RFP emission reductions 
for these measures. As discussed in the Baltimore Serious Area 
Emissions Inventory TSD, EPA reviewed the procedures that MDE used to 
develop its projected inventories, including the use of the NONROAD 
model, and found them to be reasonable.
d. Point Source Measures
    Maryland took credit for one point source measure in its RFP plan, 
the Maryland Healthy Air Act (HAA). In the Baltimore Area, the sources 
covered by the HAA are Brandon Shores and H.A. Wagner in Anne Arundel 
County and C.P. Crane in Baltimore County. In the TSD for this action, 
EPA evaluated this measure and verified Maryland's calculated emission 
reductions from the affected sources covered by the HAA and found the 
emission reductions reasonable.
    Table 8 summarizes the emission reductions achieved by each 
measure, as calculated by Maryland in the Serious Area Plan.

                                   Table 8--Summary of RFP Emission Reductions
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                              2008                      2011                      2012
          Control measure          -----------------------------------------------------------------------------
                                        VOC          NOX          VOC          NOX          VOC          NOX
----------------------------------------------------------------------------------------------------------------
                                                  Mobile Onroad
----------------------------------------------------------------------------------------------------------------
MOVES model.......................        52.86       158.43        62.23       181.35        66.59       192.33
----------------------------------------------------------------------------------------------------------------
                                                      Area
----------------------------------------------------------------------------------------------------------------
OTC-Consumer Products Phase 1.....         3.70         0.00         3.77         0.00         3.79         0.00
OTC-Consumer Products Phase 2.....         0.00         0.00         0.46         0.00         0.46         0.00

[[Page 26194]]

 
OTC-AIM...........................         6.03         0.00         6.19         0.00         6.19         0.00
OTC-PFC Phase 1...................         6.71         0.00         8.31         0.00         8.35         0.00
OTC-PFC Phase 2...................         0.00         0.00         0.60         0.00         0.60         0.00
OTC-Industrial Adhesives..........         0.00         0.00         2.63         0.00         2.64         0.00
                                   -----------------------------------------------------------------------------
    Total Area reductions.........        16.44         0.00        21.96         0.00        22.03         0.00
----------------------------------------------------------------------------------------------------------------
                                                     Nonroad
----------------------------------------------------------------------------------------------------------------
Nonroad Model.....................        17.85         8.12        26.33        14.55        29.83        17.30
Railroads (Tier 2)................         0.00         1.18         0.00         1.58         0.00         1.67
----------------------------------------------------------------------------------------------------------------
                                                      Point
----------------------------------------------------------------------------------------------------------------
Healthy Air Act (HAA).............         0.00         0.00         0.00        31.86         0.00        37.18
                                   -----------------------------------------------------------------------------
    Total.........................        87.14       167.73       110.51       229.35       118.45       248.48
----------------------------------------------------------------------------------------------------------------

    Projected emissions for both VOC and NOX are well below 
the RFP target levels, as shown in Table 9. Therefore, EPA finds the 
Serious Area Plan demonstrated more than sufficient emission reductions 
to meet RFP for 2008, 2011, and 2012 and thus finds the RFP plan 
approvable.

                              Table 9--Comparison of RFP Targets and Projected Controlled Emissions for the Baltimore Area
                                                                          [tpd]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   2008                                    2011                                    2012
           Description           -----------------------------------------------------------------------------------------------------------------------
                                          VOC                 NOX                 VOC                 NOX                 VOC                 NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
A. Projected Controlled           217.96............  299.62............  205.65............  246.48............  199.90............  232.88.
 Emissions.
B. Target Level.................  238.00............  343.81............  223.72............  333.49............  220.38............  328.49.
RFP is met if A < B.............  Yes...............  Yes...............  Yes...............  Yes...............  Yes...............  Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA notes that Maryland was not required to demonstrate 2008 RFP, 
because EPA previously approved 2008 RFP for the Baltimore Area. See 75 
FR 31709 (June 4, 2010). EPA required MDE only to update the 2008 
target levels, so that they could be used to calculate the 2011 and 
2012 target levels in the Serious Area Plan.

E. Contingency Measures for Failure To Meet RFP

1. Requirement
    Section 182(c) of the CAA requires a state with a moderate or above 
ozone nonattainment area to include in its SIP, among other things, 
sufficient additional contingency measures in its RFP plan in case the 
area fails to meet any applicable milestone. See CAA section 182(c)(9). 
These contingency measures must be fully adopted control measures or 
rules, so that upon failure to meet a RFP milestone requirement, the 
state must be able to implement the contingency measures without any 
further rulemaking activities. If triggered, these contingency measures 
must achieve additional emission reductions of at least 3% of the 
adjusted baseline emissions. For more information on contingency 
measures, see the General Preamble to Title I of the CAA (57 FR 13512 
(April 16, 1992)) and the Phase 2 Rule. To meet the requirements for 
contingency measure emission reductions, EPA allows states to use 
NOX emission reductions to substitute for VOC emission 
reductions in their contingency plans. Maryland discusses its 
contingency measures for failure to meet RFP in Section 12.3 of the 
Serious Area Plan.
    EPA's May 26, 2015 determination that the Baltimore Area attained 
the 1997 8-hour ozone NAAQS suspends certain planning requirements, 
including contingency measures, for the 1997 8-hour ozone NAAQS for as 
long as the area continues to meet that NAAQS. 80 FR 29970. Considering 
the most recent ambient air quality monitoring data, the Baltimore Area 
continues to meet the 1997 8-hour NAAQS. Therefore, no contingency 
measures are required to address requirements in sections 172 or 182 of 
the CAA. See 40 CFR 51.918. However, as discussed in this section of 
this rulemaking action, EPA is proposing to approve the RFP contingency 
measures along with the serious area RFP plan in the Serious Area Plan, 
as SIP strengthening measures pursuant to section 110 of the CAA, as 
requested by MDE.
2. State Submittal and EPA Evaluation
    Maryland's Serious Area Plan contains contingency measures for 
failure to meet the 2012 RFP milestone. The Serious Area Plan relies on 
the excess emission reductions from the same measures used to meet the 
RFP targets in order to meet the contingency measure target. This is 
acceptable under EPA's early implementation policy, set out in the 
August 13, 1993 memorandum from G.T. Helms, entitled, ``Early 
Implementation of Contingency Measures for Ozone and Carbon Monoxide 
(CO) Nonattainment Areas.'' Maryland chose to split the 3% contingency 
requirement equally between VOC and NOX. For details on the 
contingency target level

[[Page 26195]]

calculations, see Tables 10 and 11, and for EPA's detailed analysis and 
evaluation of the 2012 RFP contingency measure requirement, see EPA's 
TSD supporting this rulemaking action.

    Table 10--2012 RFP Contingency Measure Target Level Calculations
------------------------------------------------------------------------
          Description               Formula         VOC          NOX
------------------------------------------------------------------------
A. 2011 Target Level..........  ..............       223.73       333.49
B. FMVCP/RVP Reductions         ..............         0.00         0.18
 Between 2011 and 2012.
C. 2011 Adjusted Base Year      A - B.........       223.73       333.32
 Inventory Relative to 2012.
D. RFP Ratio..................  ..............       0.0150       0.0150
E. Emissions Reductions         C * D.........         3.36         5.00
 Required Between 2011 & 2012.
F. RFP Target Level for 2012..  C - E.........       220.38       328.49
G. Contingency, 1.5% VOC & NOX  0.015 * C.....         3.36         5.00
H. 2012 Contingency Target      F - G.........       217.02       323.49
 Level.
------------------------------------------------------------------------


 Table 11--Comparison of the 2012 RFP Contingency Measure Target Levels
                  Versus Projected Controlled Emissions
                                  [tpd]
------------------------------------------------------------------------
           Description                    VOC                 NOX
------------------------------------------------------------------------
A. Projected Controlled           199.90............  232.88.
 Emissions.
B. Contingency Target Level.....  217.02............  323.49.
Contingency Requirement is met    Yes...............  Yes.
 if A < B.
------------------------------------------------------------------------

    As shown in Table 11, the Serious Area Plan achieved more than 
enough emission reductions to meet the contingency measure requirement 
for the 2012 milestone year for the Baltimore Area. Therefore, EPA 
proposes to approve Maryland's contingency measures from the Serious 
Area Plan as SIP strengthening measures.

F. Transportation Conformity Budgets

1. Requirement
    Transportation conformity is required by section 176(c) of the CAA. 
EPA's conformity rule requires that transportation plans, programs and 
projects conform to state air quality implementation plans and 
establishes the criteria and procedure for determining whether or not 
they do. Conformity to a 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 standards. 
See 69 FR 40004 (July 1, 2004).
    States must establish VOC and NOX MVEBs for each of the 
milestone years up to the attainment year and submit the mobile budgets 
to EPA for approval. Upon adequacy determination or approval by EPA, 
states must conduct transportation conformity analysis for their 
Transportation Improvement Programs (TIPs) and long range 
transportation plans to ensure highway vehicle emissions will not 
exceed relevant MVEBs. For budgets to be approvable, they must meet, at 
a minimum, EPA's adequacy criteria set out at 40 CFR 93.118(e)(4).
2. State Submittal and EPA's Evaluation
    MDE discusses transportation conformity in Section 10 of the 
Baltimore Serious Area Plan. MDE, in consultation with the Baltimore 
Regional Transportation Board (BRTB), established MVEBs for 2012. MDE 
calculated the 2012 mobile emissions inventory using EPA's MOVES and 
the Highway Performance Monitoring System (HPMS) models. MDE describes 
its methods in Appendix E of the Baltimore Serious Area Plan.
    The MVEBs are the amount of emissions allowed in the SIP for onroad 
motor vehicles; it establishes an emissions ceiling for the regional 
transportation network. The 2012 MVEBs for the Baltimore Area are 93.5 
tpd NOX and 40.2 tpd VOC.
    On November 23, 2015, as part of the adequacy process, EPA posted 
the availability of the 2012 MVEBs on EPA's Web site for the purpose of 
soliciting public comments.\4\ The comment period for the Baltimore 
Area's 2012 MVEBs closed on December 23, 2015, and EPA received no 
comments. In a February 22, 2016 Federal Register notice, EPA notified 
the public that EPA found the 2012 RFP MVEBs in the Baltimore Serious 
Area Plan adequate for transportation conformity purposes. 81 FR 
8711.\5\ As a result of EPA's finding, the State of Maryland must use 
the 2012 MVEBs from the Serious Area Plan for future transportation 
conformity determinations.
---------------------------------------------------------------------------

    \4\ See https://www3.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    \5\ EPA's February 22, 2016 notification included an inadvertent 
error mentioning that the comment period on the Baltimore Area 2012 
MVEBs closed November 23, 2015 instead of December 23, 2015. In 
fact, the comment period on EPA's Web site for the public to comment 
on the adequacy of the Baltimore Area's 2012 MVEBs was open for 30 
days from November 23, 2015 through December 23, 2015, and EPA's Web 
site correctly includes the appropriate December 23, 2015 closing 
date. See https://www3.epa.gov/otaq/stateresources/transconf/adequacy.htm, Because the comment period was open for 30 days and 
because the public therefore had adequate time to comment on the 
2012 MVEBs, EPA's incorrect reference in the February 22, 2016 
Federal Register publication after the comment period closed was 
harmless and inadvertent error. Thus, the inadvertent error does not 
alter EPA's finding that the 2012 RFP MVEBs are adequate.
---------------------------------------------------------------------------

    The MVEBs which EPA has determined to be adequate are identical to 
the projected controlled 2012 onroad mobile source emissions for the 
Baltimore Area in the Serious Area Plan. In addition to the budgets 
being adequate for transportation conformity purposes, EPA found the 
procedures Maryland used to develop the MVEBs to be reasonable. For 
more information on EPA's analysis, see EPA's TSD available in the 
docket for this rulemaking. Because the 2012 RFP MVEBs are adequate for 
transportation conformity purposes and the methods MDE used to develop 
them are correct, the 2012 RFP MVEBs are approvable.

III. Proposed Action

    EPA has reviewed the RFP plan for the Baltimore Area, submitted in 
the Serious Area Plan, including updates to

[[Page 26196]]

the 2008 RFP target levels previously SIP approved by EPA, the 2011 and 
2012 RFP targets levels, control measures used to meet RFP, and 
contingency measures for failure to meet the 2012 RFP target, and found 
them to be approvable. In addition, EPA determined that MDE used 
acceptable techniques and methodologies to update the 2002 base year 
and 2008 projected inventories, and to develop the 2011 and 2012 
milestone year projected inventories and found them approvable. 
Furthermore, EPA has found the Baltimore Area's 2012 MVEBs adequate for 
transportation conformity purposes and approvable. Therefore, EPA is 
proposing to approve the updates to the 2002 base year inventory, 
updates to the 2008 RFP plan and associated 2008 projected emissions 
inventory, the 2011 and 2012 RFP plan and associated projected emission 
inventories, the contingency measures for failure to meet 2012 RFP, and 
the 2012 MVEBs for the Baltimore Area submitted in MDE's July 22, 2013 
Serious Area Plan. The other parts of the Serious Area Plan were 
withdrawn by Maryland. 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 approves 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 Baltimore Area 
serious RFP plan, inventories, RFP contingency measures, and MVEBs, 
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, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

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

    Dated: April 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-10222 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P