[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Proposed Rules]
[Pages 9993-9995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04771]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0397; FRL-9990-84-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Basic Inspection and Maintenance Program Certification State 
Implementation Plan for the Baltimore Nonattainment Area Under the 2008 
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This SIP revision addresses Clean Air Act (CAA) 
requirements for enactment of a vehicle emissions inspection and 
maintenance (I/M) program in the Baltimore area of the state--where 
ambient air quality has been classified by EPA as ``Moderate'' or 
higher nonattainment of federal ozone national ambient air quality 
standards (NAAQS) established in 2008 (hereafter referred to as the 
2008 ozone NAAQS). The requirements for moderate ozone nonattainment 
areas under the CAA require the state to demonstrate that they have 
adopted a basic I/M program (as defined by the CAA), or in the event an 
I/M program was previously enacted under a prior NAAQS or other CAA 
requirement, that the existing program meets all applicable federal 
requirements for a basic I/M program. Maryland's SIP revision that is 
the subject of this action pertains to CAA requirements for a basic I/M 
program in the Baltimore area for the 2008 ozone NAAQS. EPA's action to 
propose approval of this SIP revision is being taken under the 
applicable requirements of the CAA.

DATES: Written comments must be received on or before April 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0397 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: Brian Rehn, (215) 814-2176, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On March 15, 2018, the Maryland Department 
of Environment (MDE) submitted a revision to its SIP to certify that 
the existing Maryland vehicle emission inspection program implemented 
in the Baltimore ozone nonattainment area satisfies the CAA section 
182(b)(4) requirements for a vehicle inspection program applicable to 
the Baltimore 2008 moderate ozone nonattainment area.

I. Background

    On March 27, 2008, EPA revised the primary and secondary 8-hour 
ozone NAAQS to 0.075 parts per million (ppm) to provide increased 
protection of public health and welfare (73 FR 16436). The 2008 8-hour 
ozone NAAQS replaced the previous 1997 8-hour ozone NAAQS of 0.080 ppm. 
Those standards are met when the 3-year average of the annual fourth 
highest daily maximum 8-hour average ozone concentration of all ambient 
air monitors is less than or equal to 0.075 ppm.
    Promulgation of a revised NAAQS triggers a requirement for EPA to 
designate all areas of the nation as nonattainment, attainment, or 
unclassifiable for the NAAQS. For the ozone NAAQS, this also involves 
classifying any nonattainment areas at the time of designation--per 
requirements set forth at CAA sections 107(d)(1) and 181(a)(1). Ozone 
nonattainment areas are classified based on the severity of their ozone 
levels (as determined based on the area's ``design value,'' which 
represents the most recent three years of monitored air quality in an 
area). The CAA-established classifications for ozone nonattainment 
areas are: Marginal, Moderate, Serious, Severe, and Extreme.\1\ 
Nonattainment areas with a ``lower'' classification have ozone levels 
that are closer to the standard than areas with a ``higher'' 
classification.\2\ As such, ozone nonattainment areas with lower 
classification levels have fewer and less stringent mandatory air 
quality planning and control requirements than those having higher 
classifications. For each higher ozone nonattainment classification, a 
state needs to comply with all requirements applicable to the next 
classification, plus additional emissions controls and more expansive

[[Page 9994]]

nonattainment new source review offset requirements. In addition to 
nonattainment requirements, the CAA sets out additional specific 
requirements for states in an established ozone transport region (OTR), 
regardless of their ozone attainment designation.\3\ These separate OTR 
requirements mandate that states in the OTR enact enhanced vehicle I/M 
programs, based on population of metropolitan areas of the state--but 
not nonattainment designation.\4\
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    \1\ CAA section 181(a)(1).
    \2\ See 40 CFR 51.1103 for the design value thresholds for each 
classification for the 2008 ozone NAAQS.
    \3\ CAA section 184 details specific requirements for states 
(and the District of Columbia) that make up the Northeast OTR. 
States in an OTR are required to submit Reasonably Available Control 
Technology (RACT) SIP revisions and mandate a certain level of 
emissions control for the pollutants that form ozone, even if the 
areas in the state meet the ozone standards.
    \4\ CAA section 184(b)(1).
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    Under the 2008 ozone NAAQS requirements, Maryland is required to 
implement a basic I/M program for light-duty motor vehicles in the 
Baltimore moderate ozone nonattainment area (consisting of Anne 
Arundel, Baltimore, Carroll, Harford, and Howard Counties and the City 
of Baltimore). However, due to higher ozone nonattainment 
classifications (under prior ozone NAAQS) and Maryland's inclusion in 
the OTR, Maryland currently operates an enhanced I/M program (known in 
Maryland as the Vehicle Emissions Inspection program, or VEIP) in all 
I/M-subject regions of the state--including the Baltimore ozone 
nonattainment area. Maryland's enhanced I/M VEIP program tests 
gasoline-fueled motor vehicles up to 26,000 pounds gross vehicle weight 
rating (GVWR), with onboard diagnostic (OBD) testing required for model 
year 1996 and newer passenger vehicles and light-duty trucks and model 
year 2008 and newer heavy-duty vehicles up to 14,000 pounds GVWR. VEIP 
also includes a tailpipe idle and a gas cap test, as well as a catalyst 
check, for model year 1977 and newer heavy-duty vehicles between 8,500 
and 26,000 pounds (that are not otherwise subject to OBD testing).
    EPA requirements for I/M programs are set forth in EPA's Inspection 
and Maintenance Program Requirements Rule (or I/M rule), codified in 
the Code of Federal Regulations, at 40 CFR part 51, subpart S. 
Requirements for minimum performance of enhanced I/M programs are 
established in 40 CFR 51.351 and those of a basic I/M programs are set 
forth in 40 CFR 51.352. EPA's I/M rule delineates more stringent 
transient tailpipe testing methods and tighter testing limits (or 
equivalent) and on-road testing for enhanced I/M programs, as well as 
vehicle evaporative system functional testing (or equivalent).

II. Summary of Maryland's SIP Revision and EPA's Evaluation of the SIP 
Revision

    Maryland's enhanced I/M program under the 1990 CAA was first 
approved by EPA into the Maryland SIP via a final conditional approval 
published in the July 31, 1997 Federal Register (62 FR 40938). Upon 
remedy of deficiencies underlying that conditional approval action, EPA 
converted the conditional approval to a final approval via a final rule 
published in the October 29, 1999 Federal Register (64 FR 58340). 
Maryland has since made several modifications to its enhanced I/M 
program to accommodate CAA requirements and changing state interests, 
to update testing methods to reflect changes in vehicle technology--
such as implementation of OBD testing. As part of the OTR, Maryland is 
required to implement an enhanced I/M program in specific areas, as 
required by CAA section 184(b)(1).
    Maryland submitted a SIP revision on March 15, 2018 to attest and 
to certify that its existing enhanced I/M program meets requirements 
established by EPA's I/M rule for a basic I/M program. Maryland also 
demonstrates, through use of EPA's Motor Vehicle Emission Simulator 
(MOVES), that the VEIP enhanced I/M program will outperform a basic I/M 
program in reducing ozone precursor emissions (i.e., nitrogen oxides 
(NOX) and volatile organic compounds (VOCs)). Maryland used 
MOVES version 2014a to model both the current Baltimore area VEIP 
enhanced I/M program and the EPA basic performance standard \5\ that 
applies to areas newly designated nonattainment under the 2008 ozone 
NAAQS. The MDE evaluated the benefits of the existing enhanced VEIP 
program in Baltimore against a hypothetical basic program for a 2012 
evaluation date (which corresponds to the date of classification of 
Baltimore as a Serious area for the 2008 ozone NAAQS, under Subpart 2 
of Part D of the CAA) and again with a 2018 evaluation date (which 
corresponds to the Baltimore 2008 ozone NAAQS attainment deadline, six 
years after EPA classification under the 2008 ozone NAAQS). The results 
of this MOVES model comparison between the existing enhanced I/M VEIP 
program and EPA's basic performance standard are summarized in Table 1. 
Maryland found that for both the 2012 and 2018 evaluation years, 
modelled emissions were shown to be higher than the existing VEIP I/M 
program for both NOX and VOC, as well as combined 
NOX and VOC, for the Baltimore nonattainment area under 
EPA's basic performance standard.
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    \5\ As defined at 40 CFR 51.352(e), entitled ``Basic performance 
standard for areas designated non-attainment for the 8-hour ozone 
standard,'' promulgated by EPA on April 7, 2006 (71 FR 17705). This 
action revised the I/M rule specifically to update I/M program 
submission and implementation requirements for areas potentially 
newly subject to I/M requirements as a result of being designated 
and classified under the 2008 8-hour ozone NAAQS.

 Table 1--Comparison Between MOVES2014a Modelled Emissions of Maryland's Enhanced VEIP I/M Program Versus EPA's
           Basic I/M Performance Standard for the Baltimore Nonattainment Area, in Tons Per Day (tpd)
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                                                                                                     VOC + NOX
                                                                     VOC (tpd)       NOX (tpd)         (tpd)
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2012 Evaluation date scenario:
    Basic I/M Performance Standard for Baltimore Area...........           39.94           95.97          135.91
    Existing VEIP I/M Program for Baltimore Area................          38.063          92.977          131.04
    Difference between Basic Performance Standard and Existing              1.88            2.99            4.87
     VEIP Program...............................................
2018 Evaluation date scenario:
    Basic I/M Performance Standard for Baltimore Area...........          25.884          52.214          78.098
    Existing VEIP I/M Program for Baltimore Area................          25.153          50.738          75.891
    Difference between Basic Performance Standard and Existing             0.731           1.476           2.207
     VEIP Program...............................................
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[[Page 9995]]

    Maryland has shown that by previously enacting a high enhanced I/M 
program in the Baltimore area to meet I/M requirements for the prior 1-
hour severe ozone NAAQS (as well as separate enhanced I/M requirements 
applicable in the OTR), the existing VEIP program satisfies basic I/M 
requirements applicable because Baltimore was subsequently designated 
moderate nonattainment under the 2008 8-hour ozone NAAQS. Under the CAA 
I/M framework, enhanced I/M programs are more stringent than basic 
programs, and exceed EPA established program requirements for testing, 
administration, and oversight applicable to basic I/M programs.

III. Proposed Action

    EPA is proposing to approve the motor vehicle emissions I/M program 
certification submitted by Maryland on March 15, 2018 for the Baltimore 
2008 ozone nonattainment area to satisfy the applicable CAA 
requirements to enact a basic I/M program.
    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. These comments will be 
considered before taking final action. Interested parties may submit 
written comments to this proposed rulemaking by following the 
instructions listed in the ADDRESSES section of this Federal Register.

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);
     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 (Public Law 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 to approve Maryland's certification 
that it meets CAA applicable requirements for a basic I/M program in 
the Baltimore area 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, Carbon monoxide, 
Incorporation by reference, Nitrogen Dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 5, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-04771 Filed 3-18-19; 8:45 am]
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