[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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)
----------------------------------------------------------------------------------------------------------------
VOC + NOX
VOC (tpd) NOX (tpd) (tpd)
----------------------------------------------------------------------------------------------------------------
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...............................................
----------------------------------------------------------------------------------------------------------------
[[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]
BILLING CODE 6560-50-P