[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50360-50362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17781]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0788; FRL-9949-70-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving 
the transportation conformity motor vehicle emissions budgets (MVEBs) 
associated with this revision. This action is being taken under the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0788. 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 through www.regulations.gov or may be viewed 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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 2, 2016 (81 FR 26188), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of the ``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) submitted by the Maryland Department of the Environment (MDE) on 
July 22, 2013. The 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 reasonably available control 
measures (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

    On June 4, 2010, EPA approved Maryland's moderate area RFP that 
provided for a 15 percent (%) 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. Maryland also needed to update its 2002 base year 
inventory, which is the basis for the 2008 target levels and its 15% 
RFP plan. In the Serious Area Plan, MDE updated its 2002 base year 
inventory and 15% RFP plan, including 2008 target levels, to reflect 
changes to EPA's approved model for on-road 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.
    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 volatile organic compounds (VOC) and/or oxides of 
nitrogen (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. The Serious Area Plan contains 2011 and 2012 RFP 
for the Baltimore Area, including the calculation of 2011 and 2012 
target levels, 2011 and 2012 projected

[[Page 50361]]

inventories, and an accounting of the emission reductions from 
permanent and enforceable emission control measures achieved to meet 
RFP. The Serious Area Plan also includes contains contingency measures 
for failure to meet the 2012 RFP milestone. Finally, the Serious Area 
Plan includes 2012 MVEBs the Baltimore Area, set at 93.5 tons per day 
(tpd) NOX and 40.2 tpd VOC.
    EPA reviewed the RFP plan for the Baltimore Area submitted in the 
Serious Area Plan, including updates to 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. For details on EPA's analysis, see the 
Technical Support Documents (TSDs) for this rulemaking action, which 
are available online at http://www.regulations.gov, Docket number EPA-
R03-OAR-2015-0788.
    Other specific requirements of the Baltimore Area serious area RFP 
plan, inventories, RFP contingency measures, and MVEBs, and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving 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.

IV. 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 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: 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 
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 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 September 30, 2016. 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, pertaining to the Baltimore Area serious RFP plan, 
inventories, RFP contingency measures, and MVEBs, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.


[[Page 50362]]


    Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is 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 
the entries ``Serious Area Reasonable Further Progress (RFP) Plan and 
2012 RFP Contingency Measures,'' ``Updates to the 2002 Base Year 
Inventory for VOC, NOX and CO,'' and ``2012 Transportation 
Conformity Budgets'' at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP          Applicable        State submittal                           Additional
            revision                geographic area           date          EPA approval date     explanation
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                                                  * * * * * * *
Serious Area Reasonable Further   Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Progress (RFP) Plan and 2012      hour ozone serious                       Federal Register         52.1076(cc)
 RFP Contingency Measures.         nonattainment area.                      citation].
Updates to the 2002 Base Year     Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert    Sec.   52.1075(p)
 Inventory for VOC, NOX and CO.    hour ozone serious                       Federal Register
                                   nonattainment area.                      citation].
2012 Transportation Conformity    Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Budgets.                          hour ozone serious                       Federal Register         52.1076(dd)
                                   nonattainment area.                      citation].
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0
3. Section 52.1075 is amended by adding paragraph (p) to read as 
follows:


Sec.  52.1075   Base year emissions inventory.

* * * * *
    (p) EPA approves, as a revision to the Maryland State 
Implementation Plan, updates to the 2002 base year emissions 
inventories previously approved under paragraph (i) of this section for 
the Baltimore 1997 8-hour ozone serious nonattainment area (Area) 
submitted by the Secretary of the Maryland Department of the 
Environment on July 22, 2013. This submittal consists of updated 2002 
base year point, area, non-road mobile, and on-road mobile source 
inventories in the Area for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).

0
4. Section 52.1076 is amended by adding paragraphs (cc) and (dd) to 
read as follows:


Sec.  52.1076 52.1076   Control strategy plans for attainment and rate-
of-progress: Ozone.

* * * * *
    (cc) EPA approves revisions to the Maryland State Implementation 
Plan consisting of the serious area reasonable further progress (RFP) 
plan for the Baltimore 1997 8-hour ozone serious nonattainment area, 
including 2011 and 2012 RFP milestones, updates to the 2008 RFP 
milestones previously approved by EPA under paragraph (q) of this 
section, and contingency measures for failure to meet 2012 RFP, 
submitted by the Secretary of the Maryland Department of the 
Environment on July 22, 2013.
    (dd) EPA approves the following 2012 RFP motor vehicle emissions 
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious 
nonattainment area, in tons per day (tpd) of volatile organic compounds 
(VOC) and nitrogen oxides (NOX), submitted by the Secretary 
of the Maryland Department of the Environment on July 22, 2013:

                       Transportation Conformity Emissions Budgets for the Baltimore Area
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                                                                                            Effective date of
    Type of control strategy SIP            Year          VOC  (tpd)       NOX  (tpd)     adequacy determination
                                                                                             or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan...............            2012             40.2             93.5   March 8, 2016 (81 FR
                                                                                          8711), published
                                                                                          February 22, 2016.
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[FR Doc. 2016-17781 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P