[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8752-8756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04184]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0149; FRL-9974-98--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National 
Ambient Air Quality Standard for the Maryland Portion of the 
Philadelphia-Wilmington-Atlantic City Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City marginal nonattainment area for the 2008 8-
hour ozone national ambient air quality standard (NAAQS). The State of 
Maryland submitted the emission inventory, which included the ozone 
precursors, nitrogen oxides (NOX) and volatile organic 
compounds (VOC), as well as several other pollutants, through the 
Maryland Department of the Environment (MDE) to meet the nonattainment 
requirements for marginal ozone nonattainment areas for the 2008 8-hour 
ozone NAAQS. EPA is approving the 2011 base year NOX and VOC 
emissions inventory for the 2008 8-hour ozone NAAQS as a revision to 
the Maryland State Implementation Plan (SIP) in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0149. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Ground level ozone is formed when NOX and VOC react in 
the presence of sunlight. NOX and VOC are referred to as 
ozone precursors and are emitted by many types of pollution sources, 
including motor vehicles, power plants, industrial facilities, and area 
wide sources, such as consumer products and lawn and garden equipment. 
Scientific evidence indicates that adverse public health effects occur 
following exposure to ozone. These effects are more pronounced in 
children and adults with lung disease. Breathing air containing ozone 
can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma or other lung diseases. In 
response to this scientific evidence, EPA promulgated the first ozone 
NAAQS in 1979, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 
44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS 
for total photochemical oxidants.
    On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 
ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS 
was determined to be more protective of public health than the previous 
1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS 
from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
    On May 21, 2012, the Philadelphia-Wilmington-Atlantic City area was 
designated as marginal nonattainment for the 2008 8-hour ozone NAAQS. 
77 FR 30088. The designation of the Philadelphia-Wilmington-Atlantic 
City area as marginal nonattainment was effective July 20, 2012. The 
Philadelphia-Wilmington-Atlantic City nonattainment area is comprised 
of Cecil County in Maryland, as well as counties in Delaware, New 
Jersey, and Pennsylvania.
    Under sections 172(c)(3) and 182(a)(1) of the CAA, Maryland is 
required to submit a comprehensive, accurate, and current inventory of 
actual emissions from all sources of the relevant pollutants, i.e. the 
ozone precursors NOX and VOC, for the marginal nonattainment 
area, i.e., the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area. In order to satisfy the requirements 
of CAA sections 172(c)(3) and 182(a)(1), on January 19, 2017, Maryland 
formally submitted the 2011 base year inventory for the Maryland 
portion of the

[[Page 8753]]

Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 
8-hour ozone NAAQS as a SIP revision (SIP # 16-15).
    On September 25, 2017, EPA simultaneously published a notice of 
proposed rulemaking (NPR) (82 FR 44544) and a direct final rule (DFR) 
(82 FR 44522) approving Maryland's 2011 base year inventory for the 
Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS as a SIP revision. 
The DFR included an amendment to 40 CFR 52.1070 (identification of 
Maryland's SIP) and an amendment to 40 CFR 52.1075 (explanation of 
Maryland's base year emissions inventories). EPA received an adverse 
comment on the rulemaking and withdrew the DFR prior to the effective 
date of November 24, 2017. See 82 FR 54298 (November 17, 2017). 
However, in the withdrawal, EPA only withdrew the amendment to 40 CFR 
52.1070, which would have added an entry for the ``2011 Base Year 
Inventory for the 2008 8-Hour Ozone National Ambient Air Quality 
Standard'' to the table under 40 CFR 52.1075(e) (EPA-approved 
nonregulatory and quasi-regulatory material). EPA inadvertently did not 
withdraw the amendment to 40 CFR 52.1075, which became effective on 
November 24, 2017. This provision revised Maryland's SIP to include 
paragraph (q) under 40 CFR 52.1075, which described EPA's ``approval'' 
of Maryland's 2011 base year inventory for the Maryland portion of the 
Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 
8-hour ozone NAAQS. Because the addition of 40 CFR 52.1075(q) did not 
contain an effective date and this final action approving Maryland's 
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone 
NAAQS will correctly add 40 CFR 52.1075(q), the earlier effective date 
which added 40 CFR 52.1075(q) is harmless. Therefore, no correction is 
needed for this harmless early addition. In the NPR, EPA had proposed 
to approve the SIP revision, which included Maryland's 2011 base year 
inventory for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. In 
this final rulemaking, EPA is responding to the comments submitted on 
the proposed revision to the Maryland SIP and is approving Maryland's 
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone 
NAAQS as a SIP revision. Because 40 CFR 52.1075(q) was prematurely 
added by EPA's inadvertent failure to withdraw the amendment to 40 CFR 
52.1075 when we withdrew the DFR in the November 17, 2017 withdrawal 
Federal Register notice, no further amendment to 40 CFR 52.1075 is 
necessary.

II. Summary of SIP Revision and EPA Analysis

    Under CAA section 172(c)(3), states are required to submit a 
comprehensive, accurate, and current inventory of actual emissions from 
all sources (point, nonpoint, nonroad, and onroad) of the relevant 
pollutant or pollutants in the nonattainment area. CAA section 
182(a)(1) requires that areas designated as nonattainment and 
classified as marginal submit an inventory of all sources of ozone 
precursors no later than 2 years after the effective date of 
designation. EPA's guidance for emissions inventory development calls 
for actual emissions to be used in the base year inventory. The state 
must report annual emissions as well as ``summer day emissions.'' As 
defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an 
average day's emissions for a typical summer work weekday. The state 
will select the particular month(s) in summer and the day(s) in the 
work week to be represented.''
    On January 19, 2017, MDE submitted a formal revision (SIP #16-15) 
to its SIP. The SIP revision consists of the 2011 base year inventory 
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS. MDE selected 2011 
as its base year for SIP planning purposes, as recommended in EPA's 
final rule, ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements.'' See 80 
FR 12263 (March 6, 2015). MDE's 2011 base year inventory includes 
emissions estimates covering the general source categories of 
stationary point, area (nonpoint), nonroad mobile, onroad mobile, and 
Marine-Air-Rail (M-A-R). In its 2011 base year inventory, MDE reported 
actual annual emissions and typical summer day emissions for the months 
of May through September for NOX, VOC, and carbon monoxide. 
MDE also reported annual emissions for fine particulate matter 
(PM2.5), sulfur dioxide (SO2), and ammonia 
(NH3) In this approval of the 2011 base year emissions 
inventory for the 2008 ozone NAAQS, EPA is approving only the portions 
of the inventory that relate to the relevant ozone precursors, which 
are VOC and NOX.\1\
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    \1\ The actual annual emissions and typical summer day emissions 
were summarized by MDE in Table 1-1: 2011 Base Year SIP Emission 
Inventory Summary. A discrepancy was found between the area annual 
emissions reported for PM2.5 and NH3 in Table 
1-1 and the area annual emissions reported for PM2.5 and 
NH3 in Table 4-1: 2011 Base Year SIP Area Source Emission 
Inventories and the Nonpoint Annual data table under Appendix C 
Area/Nonpoint Sources. Since the anthropogenic totals in Table 1-1 
correspond to the annual emissions values, the anthropogenic totals 
for PM2.5 and NH3 in Table 1-1 were also 
affected by the discrepancy. In a correction letter, MDE confirmed 
that the area annual emissions for PM2.5 and 
NH3 in Table 1-1 are 456.50 tpy for PM2.5 and 
477.15 tpy for NH3. MDE also confirmed that the 
corresponding anthropogenic totals for PM2.5 and 
NH3 are 625.04 tpy and 530.10 tpy. MDE has submitted a 
corrected version of page 3 of the 2011 base year inventory to 
reflect the necessary corrections to Table 1-1. The corrected 
version as well as the correction letter are included in the docket 
for this rulemaking even though the CAA at sections 172 and 182 only 
require an inventory of ozone precursors. See July 20, 2017 letter 
from Brian Hug, Program Manager, Maryland Department of the 
Environment to Cecil Rodrigues, Acting Regional Administrator, EPA 
Region III, Subject: SIP #16-15 ``2011 Base Year Emissions Inventory 
for the Maryland Portion of the Philadelphia-Atlantic City, PA-NJ-
DE-MD 2008 Ozone NAAQS Nonattainment Area (Cecil County, MD) Minor 
Corrections.''
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    Table 1 summarizes the 2011 VOC and NOX emission 
inventory by source sector for the Maryland portion of the 
Philadelphia-Wilmington-Atlantic City nonattainment area. Annual 
emissions are given in tons per year (tpy) and summer weekday emissions 
are given by tons per day (tpd).

      Table 1--Summary of 2011 Emissions of Ozone Precursors for the Philadelphia-Wilmington-Atlantic City
                                               Nonattainment Area
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                                                       Summer weekday (tpd)                Annual (tpy)
                  Source sector                  ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
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Point...........................................           0.301            2.63           64.91           76.19

[[Page 8754]]

 
Area............................................           2.863            0.31          937.78          242.02
Nonroad.........................................           5.127            2.01        1,054.93          529.02
Onroad..........................................            2.29            7.50          791.98        2,730.44
M-A-R...........................................           0.030            0.46           11.03          167.97
                                                 ---------------------------------------------------------------
    Anthropogenic Subtotal......................           10.61           12.90        2,860.63        3,745.63
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    Point sources are large, stationary, and identifiable sources of 
emissions that release pollutants into the atmosphere. Maryland 
obtained its point source data from the MDE Air and Radiation 
Management Administration (ARMA) point source emissions inventory. ARMA 
identifies and inventories stationary sources for the point source 
emissions inventory through inspections, investigations, permitting, 
and equipment registrations.
    Area sources, also known as nonpoint sources, are sources of 
pollution that are small and numerous and have not been inventoried as 
specific point or mobile sources. To inventory these sources, they are 
grouped so that emissions can be estimated collectively using one 
methodology. Examples of nonpoint sources include residential heating 
emissions and emissions from consumer solvents. MDE calculated nonpoint 
emissions for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area by multiplying emissions factors 
specific for each source category with some known indicator of 
collective activity for each source category, such as population or 
employment data.
    Nonroad sources are mobile sources other than onroad vehicles. In 
its 2011 base year inventory, MDE separated nonroad sources into two 
categories: ``Nonroad Model NMIM'' and M-A-R. Nonroad Model NMIM 
sources include lawn and garden equipment, airport service equipment, 
recreational land vehicles or equipment, recreational marine equipment, 
light commercial equipment, industrial equipment, construction 
equipment, agricultural or farm equipment, and logging equipment. MDE 
relied on EPA's nonroad emissions calculations from the National Mobile 
Inventory Model (NMIM- April 5, 2009) to calculate emissions from 
sources in the ``Nonroad Model NMIM'' category. M-A-R sources include 
railroads, commercial aviation, air taxis, general aviation, military 
aviation, and commercial marine vessels. MDE estimated M-A-R emissions 
using data from surveyed sources or state and federal reporting 
agencies. Onroad or highway sources are vehicles, such as cars, trucks, 
and buses, which are operated on public roadways. MDE estimated onroad 
emissions for these sources using EPA's Motor Vehicle Emission 
Simulator (MOVES) model, version 2010a, and appropriate activity 
levels, such as vehicle miles traveled (VMT) estimates developed from 
vehicle count data maintained by the State Highway Administration (SHA) 
of the Maryland Department of Transportation (MDOT).
    EPA reviewed Maryland's 2011 base year emission inventory's 
results, procedures, and methodologies for the Maryland portion of the 
Philadelphia-Wilmington-Atlantic City nonattainment area and found them 
to be acceptable and approvable under CAA sections 110, 172(c)(3) and 
182(a)(1) of the CAA. EPA's review and analysis is detailed in a 
Technical Support Document (TSD) prepared for this rulemaking. The TSD 
is available online at http://www.regulations.gov, Docket ID No. EPA-
R03-OAR-2017-0149. The public comments received on the NPR are 
discussed in Section III of this rulemaking action.

III. Public Comments and EPA's Response

    EPA received two public comments on our September 25, 2017 proposal 
to approve Maryland's 2011 base year inventory for the Maryland portion 
of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 
2008 8-hour ozone NAAQS. The comment submitted on October 25, 2017, was 
not related to this action and will not be addressed here.
    Comment: The commenter stated that for a multistate nonattainment 
area, EPA cannot approve a single state's emission inventory. Rather, 
the commenter believes that EPA must approve a single emission 
inventory for the entire nonattainment area instead of taking a 
piecemeal approach to act on each individual emissions inventory 
submitted by each state for that state's portion of the nonattainment 
area. The commenter expressed concern that by approving separate 
emission inventories for each state, EPA will not know if all of the 
other states are ``within the right limits.''
    Response: For ozone nonattainment areas, CAA section 182(a) 
specifically provides that ``Each State in which all or part of a 
Marginal Area is located shall, with respect to the Marginal Area (or 
portion thereof . . .), submit to the Administrator the State 
implementation plan revisions . . . described under this subsection.'' 
CAA section 182(a)(1) requires that ``the State shall submit a 
comprehensive, accurate, current inventory of actual emissions from all 
sources.'' EPA notes that this requirement to submit a SIP revision 
providing for a comprehensive inventory applies to each individual 
state, including a state in which only part of a nonattainment area is 
located. Each other state that is part of the nonattainment area would 
also bear the same requirement and, therefore, the CAA provides for a 
comprehensive emission inventory for the entire nonattainment area.
    CAA section 110(k) requires the EPA to act on a SIP revision within 
a set amount of time of when that SIP revision is submitted. The 
requirement is to act on each individual SIP submission. Nothing in the 
CAA requires EPA to act on groups of submittals, and likewise, there is 
no CAA requirement to act in a single action for SIPs submitted across 
an entire nonattainment area. Thus, EPA is appropriately acting to 
approve only Maryland's inventory submission for the Maryland portion 
of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 
2008 8-hour ozone NAAQS.

IV. Final Action

    EPA is approving the Maryland SIP revision submitted on January 19, 
2017, which is Maryland's 2011 base year

[[Page 8755]]

inventory for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS, as a 
revision to the Maryland SIP. This rule, which responds to the adverse 
comment received, finalizes our proposed approval of Maryland's 2011 
base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone 
NAAQS.

V. Statutory and Executive Order Reviews

A. General Requirements

    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);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 April 30, 2018. 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 Maryland's 2011 base year inventory for the 
Maryland portion of the Philadelphia-Wilmington-Atlantic City 
nonattainment area for the 2008 8-hour ozone NAAQS 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 15, 2018.
Cosmo Servidio,
 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 entry ``2011 Base Year Inventory for the 2008 8-Hour Ozone National 
Ambient Air Quality Standard'' 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                                Additional
            revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
2011 Base Year Emissions          Maryland portion of      01/19/2017  03/01/2018,         Sec.   52.1075(q).
 Inventory for the 2008 8-Hour     the Philadelphia-                    [Insert Federal
 Ozone National Ambient Air        Wilmington-                          Register
 Quality Standard.                 Atlantic City, PA-                   citation].
                                   NJ-DE-MD 2008
                                   ozone
                                   nonattainment area.
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[FR Doc. 2018-04184 Filed 2-28-18; 8:45 am]
 BILLING CODE 6560-50-P