[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Rules and Regulations]
[Pages 16101-16103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0834; FRL-9382-02-R3]


Air Plan Approval; Maryland; Philadelphia 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 
Maryland portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE marginal nonattainment area (Philadelphia 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 April 21, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0834. 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: Adam Yarina, 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) 814-2103. Mr. Yarina 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 Cecil County, MD 
Nonattainment Area, SIP # 20-09.'' Cecil County comprises the Maryland 
portion of the Philadelphia Area. This SIP revision, referred to in 
this rule action as the ``Cecil County 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 Philadelphia Area, which consists of Cecil County in 
Maryland and counties in Delaware, New Jersey, and Pennsylvania, 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 Cecil 
County base year inventory

[[Page 16102]]

SIP addresses a base year inventory requirement for the Philadelphia 
Area.

II. Summary of SIP Revision and EPA Analysis

A. EPA's Evaluation of the Cecil County Base Year Inventory SIP

    EPA's review of the Maryland's base year inventory SIP 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 required under 40 CFR 51.1310 
for the Philadelphia Area, 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-2021-0834.

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 through 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\ 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).
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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. Cecil County Base Year Inventory SIP

    The Cecil County base year inventory SIP contains an explanation of 
MDE's 2017 base year emissions inventory for Cecil County (2017 Cecil 
County BYE) for stationary, non-point, non-road, and on-road 
anthropogenic sources, as well as biogenic sources, in the Cecil County 
Area. The Cecil County Area consists solely of Cecil County, MD. 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 Cecil County BYE with the following source 
categories of anthropogenic emissions sources: Point, quasi-point, non-
point, non-road, on-road, and commercial marine vessels, airport, and 
railroad emissions sources (MAR). Appendix A of the Cecil County 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, and is included in the docket for this 
rule available online at https://www.regulations.gov, Docket ID: EPA-
R03-OAR-2021-0834.
    EPA's review of Maryland's base year inventory SIP for Cecil County 
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.

III. EPA's Response to Comments Received

    EPA received one comment supporting our proposed action in the 
January 14, 2022 NPRM. The comment received is in the docket for this 
rulemaking action. EPA received no adverse comments.

IV. Final Action

    EPA's review of this material indicates the Cecil County base year 
inventory SIP meets the base year inventory requirement for the 2015 
ozone NAAQS for the Philadelphia Area. Therefore, EPA is approving the 
Cecil County base year inventory SIP, which was submitted on July 30, 
2020.

V. 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 16103]]

     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: March 8, 2022.
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 ``Philadelphia 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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                                                  * * * * * * *
Philadelphia Area Base Year        Maryland portion of       7/30/20   3/22/22, [insert      Maryland's portion
 Inventory for the 2015 Ozone       the Philadelphia-                   Federal Register      of the
 National Ambient Air Quality       Wilmington-Atlantic                 citation].            Philadelphia Area
 Standards.                         City, PA-NJ-DE-MD                                         consists of Cecil
                                    2015 ozone                                                County, Maryland.
                                    nonattainment area..
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[FR Doc. 2022-05605 Filed 3-21-22; 8:45 am]
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