[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61075-61077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23975]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0017; FRL-9091-02-R3]
Air Plan Approval; Maryland; Baltimore Area Base Year Inventory
for the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the State of
Maryland. This revision consists of the base year inventory for the
Baltimore, Maryland marginal nonattainment area (Baltimore Area) for
the 2015 ozone national ambient air quality standards (NAAQS). This
action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on December 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0017. 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: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On July 30, 2020, the Maryland Department of
the Environment (MDE), on behalf of the State of Maryland, submitted a
revision to the Maryland SIP entitled, ``2015 8-Hour Ozone NAAQS (0.070
ppm) Marginal Area State Implementation Plan for the Baltimore, MD
Nonattainment Area, SIP #20-08.'' This SIP revision, referred to in
this rule action as the ``Baltimore base year inventory SIP,''
addresses the base year inventory requirement for the 2015 ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 parts per million (ppm) to
0.070 ppm. 80 FR 65292 (October 26, 2015). Effective August 3, 2018,
EPA designated the Baltimore Area, consisting of Anne Arundel,
Baltimore, Carroll, Harford, and Howard Counties and the City of
Baltimore, all in Maryland, as marginal nonattainment for the 2015
ozone NAAQS. 83 FR 25776 (June 4, 2018). CAA section 182(a)(1) requires
ozone nonattainment areas classified as marginal or above to submit a
comprehensive, accurate, current inventory of actual emissions from all
emissions sources in the nonattainment area, known as a ``base year
inventory.'' The Baltimore base year inventory SIP addresses a base
year inventory requirement for the Baltimore Area.
[[Page 61076]]
II. Summary of SIP Revision and EPA Analysis
A. EPA's Evaluation of the Baltimore Base Year Inventory SIP
EPA's review of Maryland's base year inventory SIP for the
Baltimore Area indicates that it meets the base year inventory
requirements for the 2015 ozone NAAQS. As required by 40 CFR
51.1315(a), MDE selected 2017 for the base year inventory, which is
consistent with the baseline year for the reasonable further progress
(RFP) plan because it is the year of the most recent triennial
inventory. MDE included actual ozone season emissions, pursuant to 40
CFR 51.1315(c).
EPA prepared a Technical Support Document (TSD) in support of this
rule. In that TSD, EPA reviewed the results, procedures, and
methodologies for the SIP base year, and found them to be acceptable
and developed in accordance with EPA's technical guidance. The TSD is
available online at http://www.regulations.gov, Docket ID No. EPA-R03-
OAR-2021-0017.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 (83 FR 62998) rule, ``Implementation of
the 2015 National Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation Plan Requirements,'' known as
the ``SIP Requirements Rule,'' EPA set out nonattainment area
requirements for the 2015 ozone NAAQS. The SIP Requirements Rule
established base year inventory requirement, which were codified at 40
CFR 51.1315. As required by 40 CFR 51.1315(a), each 2015 ozone
nonattainment area to submit a base year inventory within 2 years of
designation, i.e., by no later than August 3, 2020.
Also, 40 CFR 51.1315(a) requires that the inventory year be
selected consistent with the baseline year for the RFP plan as required
by 40 CFR 51.1310(b), which states that the baseline emissions
inventory shall be the emissions inventory for the most recent calendar
year for which a complete triennial inventory is required to be
submitted to EPA under the provisions of subpart A of 40 CFR part 51,
Air Emissions Reporting Requirements, 40 CFR 51.1-50. The most recent
triennial inventory year conducted for the National Emissions Inventory
(NEI) pursuant to the Air Emissions Reporting Requirements (AERR) rule
is 2017. 73 FR 76539 (December 17, 2008). Maryland selected 2017 as
their baseline emissions inventory year for RFP. This selection
comports with EPA's implementation regulations for the 2015 ozone NAAQS
because 2017 is the inventory year. 40 CFR 51.1310(b).\1\ Further, 40
CFR 51.1315(c) requires emissions values included in the base year
inventory to be actual ozone season day emissions as defined by 40 CFR
51.1300(q), which sates: Ozone season day emissions means an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in the
ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans and/
or emissions budgets for transportation conformity.
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\1\ On January 29, 2021, the Court of Appeals for the D.C.
Circuit issued its decision regarding multiple challenges to EPA's
implementation rule for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing states to use an
alternative baseline year for RFP. Sierra Club v. EPA, No. 15-1465
(D.C. Cir.) (mandate not yet issued). The other provisions of EPA's
ozone implantation rule at issue in the case are not relevant for
this rule.
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C. Baltimore Base Year Inventory SIP
The Baltimore base year inventory SIP contains an explanation of
MDE's 2017 base year emissions inventory for Baltimore (2017 Baltimore
BYE) for stationary, non-point, non-road, and on-road anthropogenic
sources, as well as biogenic sources, in the Baltimore Area. MDE
estimated anthropogenic emissions for volatile organic compound (VOC),
nitrogen oxide (NOX), and carbon monoxide (CO) for a typical
ozone season workweek day.
MDE developed the 2017 Baltimore BYE with the following source
categories of anthropogenic emissions sources: Point, quasi-point, non-
point, non-road, on-road, biogenic, and commercial marine vessels,
airport, and railroad emissions sources (MAR). Appendix A of the
Baltimore base year inventory SIP, 2017 Base Year SIP Emissions
Inventory Methodologies (Appendix A), sets out the methodologies MDE
used to develop its base year inventory.\2\
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\2\ The Appendix A--2017 Base Year SIP Emission Inventory
Methodologies, submitted with the 2015 8-Hour Ozone NAAQS Marginal
Area State Implementation Plan for the Baltimore, MD Nonattainment
Area is included in the docket for this rule available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2021-0017.
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EPA's review of Maryland's base year inventory SIP for the
Baltimore Area indicates that it meets the base year inventory
requirements for the 2015 ozone NAAQS. Other specific requirements of
MDE's July 30, 2020 submittal and the rationale for EPA's proposed
action, including further information on each source category, are
explained in the notice of proposed rulemaking (NPRM) and will not be
restated here. No public comments were received on the NPRM.
III. Final Action
EPA's review of this material indicates the Baltimore base year
inventory SIP meets the base year inventory requirement for the 2015
ozone NAAQS for the Baltimore Area. Therefore, EPA is approving the
Baltimore base year inventory SIP, which was submitted on July 30,
2020.
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 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
[[Page 61077]]
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 final rule, approving Maryland's base year
inventory SIP for the 2015 ozone NAAQS, 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, Reporting and
recordkeeping requirements, Nitrogen dioxide, Volatile organic
compounds.
Dated: October 19, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 an
entry for ``Baltimore Area Base Year Inventory for the 2015 Ozone
National Ambient Air Quality Standards'' at the end of the table to
read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Baltimore Area Base Year Baltimore Area in 7/30/20 11/5/21, [insert The Baltimore Area
Inventory for the 2015 Ozone Maryland. Federal Register consists of Anne
National Ambient Air Quality citation]. Arundel,
Standards. Baltimore,
Carroll, Harford,
and Howard
Counties and the
City of Baltimore.
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[FR Doc. 2021-23975 Filed 11-4-21; 8:45 am]
BILLING CODE 6560-50-P