[Federal Register: December 30, 2003 (Volume 68, Number 249)]
[Proposed Rules]
[Page 75191-75196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de03-28]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD146-3106; FRL-7603-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The 2005 ROP Plan for the Baltimore Severe One-Hour Ozone
Nonattainment Area: Revisions to the Plan's Emissions Inventories and
Motor Vehicle Emissions Budgets To Reflect MOBILE6
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions submitted by the State of Maryland. These revisions amend the
Baltimore severe 1-hour ozone nonattainment area's (the Baltimore
area's) rate-of-progress (ROP) plan for the 2005 milestone year. The
intent of these revisions is to update the plan's emission inventories
and motor vehicle emissions budgets (MVEBs) to reflect the use of
MOBILE6 while continuing to demonstrate that the ROP requirement for
2005 will be met. The State of Maryland also submitted revisions which
amend the contingency measures associated with the 2005 ROP plan. These
revisions are being proposed for approval in accordance with the Clean
Air Act (the Act).
DATES: Written comments must be received on or before January 29, 2004.
ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Martin T. Kotsch, Mailcode 3AP23,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Electronic comments should be sent
either to Kotsch.Martin@EPA.gov or to http://www.regulations.gov, which
is an alternative method for submitting electronic comments to EPA. To
submit comments, please follow the detailed instructions described in
Part 4 of the SUPPLEMENTARY INFORMATION section. Copies of the
documents relevant to this action are available for public inspection
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Martin T. Kotsch, Energy, Radiation
and Indoor Environment Branch, U.S. Environmental Protection Agency,
1650 Arch Street, Mail Code 3AP23, Philadelphia Pennsylvania 19103-
20209, (215) 814-3335, or by e-mail at Kotsch.Martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Clean Air Act Requirements
The Clean Air Act (the Act) requires that for certain ozone
nonattainment areas, states are to submit plans demonstrating a
reduction in volatile organic compound (VOC) emissions of at least
three percent per year, grouped in consecutive three year periods,
through the area's designated attainment date. This is known as the
rate-of-progress (ROP), also referred to as the reasonable further
progress (RFP), requirement of the Act. The first ROP requirement
covers the period 1990-1996 and is commonly known as the 15 Percent
Plan. Subsequent reductions are required by the end of serial three
year intervals beginning after the milestone year 1996 (i.e., ROP
milestone years for the Baltimore area are 1999, 2002, 2005). Section
182(c)(2)(C) of the Act allows states to substitute nitrogen oxides
(NOX) emission reductions for VOC emission reductions in
post-1996 ROP plans. To qualify for SIP credit in ROP plans, emission
reduction measures, whether mandatory under the Act or adopted at the
state's discretion, must ensure real, permanent and enforceable
emission reductions.
Section 172(c)(9) of the Act requires ozone nonattainment, areas,
classified as moderate or above nonattainment, to adopt contingency
measures to be implemented should the area fail to achieve ROP or to
attain the National Ambient Air Quality Standard (NAAQS) for ozone by
its statutory attainment date. In addition, section 182(c)(9) of the
Act requires ozone nonattainment areas classified as serious or above
nonattainment to adopt contingency measures to be implemented if the
area fails to meet any applicable milestone.
Under EPA's transportation conformity rule, an ROP plan is a
``control strategy'' SIP (62 FR 43780, August 15, 1997). Among other
things, a control strategy SIP identifies and establishes the motor
vehicle emissions budgets (MVEBs) to which an area's transportation
improvement program and long range transportation plan must conform.
Conformity to a control strategy SIP means that transportation
activities will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS. The State of
Maryland is required to identify MVEBs for both NOX and VOCs
in the Baltimore area's ROP plan for the 2005 milestone year.
EPA previously approved the 2005 ROP plan for the Baltimore area
(66 FR 48209, September 19, 2001) which included mobile emissions
inventories for the years 1990 and 2005 and identified MVEBs for the
milestone year 2005 based on the EPA emissions model MOBILE5.
The attainment date for the Baltimore severe ozone nonattainment
area is 2005. This rulemaking addresses the SIP revisions submitted by
the Maryland Department of the Environment (MDE) to amend the Baltimore
area's 2005 ROP plan to reflect the use of the new EPA emissions model
MOBILE6. In this rulemaking, EPA is proposing to approve these
revisions to the Baltimore area's ROP plan for the 2005 attainment
year.
II. Maryland's SIP Revisions
On November 3, 2003, MDE submitted proposed SIP revisions, and
requested that EPA parallel process its approval of those SIP revisions
concurrent with the State's process for
[[Page 75192]]
amending its SIP. As previously stated, these proposed SIP revisions
revise the 1990 and 2005 motor vehicle emissions inventories and the
2005 MVEBs of the Baltimore area's 2005 ROP plan to reflect the use of
MOBILE6. The November 3, 2003 submittal demonstrates that the new
levels of motor vehicle emissions calculated using MOBILE6 continue to
demonstrate the required ROP for the Baltimore area by 2005.
Table 1 below summarizes the revised motor vehicle emissions
inventories for the Baltimore area in tons per day (tpd). The revised
1990 base year inventories were updated using the MOBILE6 model. The
2005 inventories were developed using MOBILE6 and the latest planning
assumptions, including 2002 vehicle registration data, vehicle miles
traveled (VMT), speeds, fleet mix, and SIP control measures.
Table 1.--Maryland's Revised Motor Vehicle Emissions Inventories
------------------------------------------------------------------------
1990 2005
-----------------------------------
Nonattainment area VOC NOX VOC NOX
(tpd) (tpd) (tpd) (tpd)
------------------------------------------------------------------------
Baltimore........................... 165.14 228.21 55.3 146.9
------------------------------------------------------------------------
EPA has articulated its policy regarding the use of MOBILE6 in SIP
development in its ``Policy Guidance on the Use of MOBILE6 for SIP
Development and Transportation Conformity''.\1\ EPA's policy guidance
required the State to consider whether growth and control strategy
assumptions for non-motor vehicle sources (i.e., point, area, and non-
road mobile sources) were still accurate at the time the November 3,
2003 submittal was developed. Maryland reviewed the growth and control
strategy assumptions for non-motor vehicle sources, revised those which
were not current and concluded that the remaining assumptions continue
to be valid for the 2005 ROP plan.
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\1\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
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Maryland's November 3, 2003 submittal satisfies the conditions
outlined in EPA's MOBILE6 Policy guidance, and demonstrates that the
new levels of motor vehicle emissions calculated using MOBILE6 continue
to support ROP for the projected attainment of the 1-hour ozone NAAQS
by the attainment date of 2005 for the Baltimore area.
The Revised Motor Vehicle Emissions Budgets (MVEBs)
Table 2 below summarizes the revised MVEBs identified in MDE's
November 3, 2003 submittal to EPA. These MVEBs were developed using the
latest planning assumptions, including 2002 vehicle registration data,
VMT, speeds, fleet mix, and SIP control measures. Because Maryland's
November 3, 2003 submittal satisfies the conditions outlined in EPA's
MOBILE6 Policy guidance, and demonstrates that the new levels of motor
vehicle emissions calculated using MOBILE6 continue to support ROP for
the projected attainment of the 1-hour NAAQS for ozone by the Baltimore
area's November 15, 2005 attainment date, EPA is proposing to approve
these budgets.
Table 2.--Maryland Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
2005 ROP
-----------------
Nonattainment area VOC NOX
(tpd) (tpd)
------------------------------------------------------------------------
Baltimore............................................. 55.05 144.5
------------------------------------------------------------------------
III. EPA Evaluation of Maryland's Submittal
A. Rate-of-Progress (ROP) Plan
(1) Calculation of Needed Reductions--The first step in
demonstrating ROP is to determine the target level of allowable
emissions for the ROP milestone year. The target level of emissions
represents the maximum amount of emissions that can be emitted in a
nonattainment area in the given ROP milestone year, which in this case
is 2005. The Act allows states to substitute NOX emission
reductions for VOC emission reductions in post-1996 ROP plans. The
required ROP is demonstrated when the sum of all creditable VOC and
NOX emission reductions equal at least 3 percent per year
grouped in three year periods (i.e., 2002-2005), or for a total of 9
percent. If a state wishes to substitute NOX for VOC
emission reductions, then a target level of emissions demonstrating a
representative combined 9 percent emission reduction in VOC and
NOX emissions must be developed for that milestone year. EPA
approved the attainment demonstration for the Baltimore area on October
30, 2001 (66 FR 54687). The attainment demonstration modeling for the
Baltimore area establishes that NOX reductions are necessary
to bring the area into attainment. Because NOX reductions
are necessary to attain the 1-hour NAAQS for ozone in the Baltimore
area, MDE may and does use NOX reductions to demonstrate ROP
in the Baltimore area. MDE developed NOX target levels to
account for the NOX substitution. The process for
calculating the revised 2005 target levels to account for all required
ROP reductions and noncreditable reductions (for each milestone year
these exclude from the baseline those emissions that would be
eliminated by the Federal Motor Vehicle Control Program, FMVCP, and
Reid Vapor Pressure, RVP, regulations promulgated prior to enactment)
\2\ in baseline emissions is as follows:
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\2\ Section 182(b)(1)(B) of the Act defines the baseline year of
emissions as ``the total amount of actual VOC and NOX
emissions from all anthropogenic sources in the area during the
calendar year of 1990. This section prohibits crediting the ROP plan
with the reductions in the baseline the emissions that would be
eliminated by the FMVCP regulations promulgated by January 1, 1990.
It also excludes any reductions associated from the RVP regulations
promulgated at the time of enactment.
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(a) Develop the base year emissions inventories for NOX
and VOCs.
(b) Develop the 1990 ROP base year inventory (by subtracting
biogenic emissions and sources located outside the nonattainment area
from the base year inventory).
(c) Calculate the 1990 adjusted base year inventories for each
milestone year (which in the case of Baltimore are 1996, 1999, 2002 and
2005) by reducing the 1990 ROP inventory by the total noncreditable
FMVCP/RVP reductions to occur by that year.
(d) Calculate the required ROP reduction required for each
milestone year: For VOC this entails multiplying the 1990 adjusted VOC
base year inventory for 1996 by 15 percent and multiplying the 1990
adjusted VOC base year inventory for 1999 and later milestone years by
the percentage of required ROP reductions to be achieved
[[Page 75193]]
through VOC control measures; for NOX, this entails
multiplying the 1990 adjusted NOX base year inventory for
1999 and later milestone years by the percentage of required ROP
reductions to be achieved through NOX substitution.
(e) Calculate the fleet turnover correction term for each milestone
year: The fleet turnover correction is the difference between the
FMVCP/RVP emission reductions calculated in step (c) for one milestone
year and that for the previous milestone year; it is also the
difference between the 1990 adjusted base year inventory for one
milestone year and that of the following milestone year \3\.
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\3\ The aggregate noncreditable FMVCP/RVP reductions increase
over time, and conversely, the 1990 adjusted base year inventory
decreases over time. Thus the aggregate noncreditable FMVCP/RVP
reductions through 2005 are larger than those for 2002, and the 1990
adjusted base year inventory for 2005 is less than that for 2002.
The sum of the aggregate noncreditable FMVCP/RVP reductions up to
and including those achieved in a milestone year and of the 1990
adjusted base year inventory for that year is always equal to the
ROP base year inventory.
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(f) Calculate the revised target level of emissions for the 2005
milestone year, by subtracting the sum of all the fleet turnover
corrections, the sum of all the required ROP reductions for all
milestone years from the 1990 ROP base year inventory.
Tables 3 and 4 below summarize the target level calculations for
both NOX and VOC emissions for the 2005 ROP milestone year.
Using a combination of VOC and NOX emission reductions,
MDE's target level calculations show that the 2005 target level for VOC
incorporates the 15 percent ROP reduction in baseline emissions by
1996, and show that the VOC and NOX 2005 target levels
incorporate at least a 9 percent total ROP reduction in baseline
emissions for all milestone years, namely 1999, 2002 and 2005, after
1996. The MDE has correctly calculated the 2005 target levels for the
Baltimore area.
Table 3.--Baltimore Area 2005 VOC Target Level
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Row Description VOC (tpd)
----------------------------------------------------------------------------------------------------------------
0.......................................... 1990 Base Year Inventory.............................. 554.29
(Minus biogenic emissions)............................ (-180.09)
1.......................................... 1990 Rate-of-Progress Base-Year Inventory............. 374.20
1990 Inventory Adjusted to 1996....................... 296.30
2.......................................... Reduction Required for 15% VOC Rate-of-Progress....... 44.445
3.......................................... Fleet Turnover Correction 1990 to 1996................ 77.9
1990 Inventory Adjusted to 1999....................... 286.59
4.......................................... Reduction Required for 1999 Rate-of-Progress to 1999: 0.43
0.15% VOC and 8.85% NOX.
5.......................................... Fleet Turnover Correction 96 to 99.................... 9.7
1990 Inventory Adjusted to 2002....................... 279.4
6.......................................... Reduction Required for 2002 Rate-of-Progress: 2.5% VOC 6.99
and 6.5% NOX.
7.......................................... Fleet Turnover Correction 1999 to 2002................ 7.19
1990 Inventory Adjusted to 2005....................... 274.43
8.......................................... Reduction Required for 2005 Rate-of-Progress: 0.38% 1.05
VOC and 8.62% NOX.
9.......................................... Fleet Turnover Correction............................. 4.97
10......................................... 2005 Target Level is row one minus the sum of rows two 221.53
through nine.
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Table 4.--Baltimore Area NOX Target Level
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Row Description NOX (tpd)
----------------------------------------------------------------------------------------------------------------
1.......................................... 1990 Rate-of-Progress Base-Year Inventory............. 536.60
1990 Inventory Adjusted to 1999....................... 487.30
2.......................................... Reduction Required for Rate-of-Progress to 1999: 0.15% 43.13
VOC and 8.85% NOX.
3.......................................... Fleet Turnover Correction 90 to 99.................... 49.3
1990 Inventory Adjusted to 2002....................... 472.40
4.......................................... Reduction Required for Rate-of-Progress: 2.5% VOC and 30.71
6.5% NOX.
5.......................................... Fleet Turnover Correction 1999 to 2002................ 14.90
1990 Inventory Adjusted to 2005....................... 458.86
6.......................................... Reduction Required for Rate-of-Progress: 0.38% VOC and 39.54
8.62% NOX.
7.......................................... Fleet Turnover Correction............................. 13.54
8.......................................... 2005 Target Level = row one minus the sum of rows two 345.49
through seven.
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The methodologies used by MDE to project emissions growth and EPA's
evaluation are discussed in the technical support document (TSD)
prepared in support of this proposed rulemaking action. Maryland used
appropriate methodologies to project emissions growth in all source
categories. The projection year inventories for NOX and VOCs
for the 2005 attainment year are shown in Tables 5 and 6 below. EPA has
determined that these growth estimates are approvable.
Table 5.--Baltimore Projected (Uncontrolled) VOC Emissions
------------------------------------------------------------------------
1990 VOC 2005 VOC
Source Category baseline projected
(tpd) (tpd)
------------------------------------------------------------------------
Point.............................................. 42.0 54.2
Mobile............................................. 165.1 91.8
Nonroad............................................ 44.7 55.76
[[Page 75194]]
Area............................................... 122.4 132.2
--------------------
Total............................................ 374.2 321.67
------------------------------------------------------------------------
Table 6.--Baltimore Projected (Uncontrolled) NOX Emissions
------------------------------------------------------------------------
1990 NOX 2005 NOX
Source category baseline projected
(tpd) (tpd)
------------------------------------------------------------------------
Point.............................................. 223.2 251.9
Mobile............................................. 228.2 199.8
Nonroad............................................ 71.5 91.84
Area............................................... 13.7 15.4
--------------------
Total............................................ 536.6 558.94
------------------------------------------------------------------------
(2) Evaluation of Emission Control Measures--The purpose of the ROP
plan is to demonstrate how the state has reduced emissions 3 percent
per year, grouped in three year intervals, through the area's
attainment year. In general, reductions toward ROP requirements are
creditable provided the control measures occurred after 1990 and are
real, permanent, quantifiable, federally enforceable and they occurred
by the applicable ROP milestone year. An evaluation of each of the
control measures implemented by Maryland in the Baltimore nonattainment
area can be found in the TSD prepared for this rulemaking. Table 7
below provides a summary of the control measures used by Maryland to
achieve ROP in the Baltimore nonattainment area. All control measures
in the ROP demonstration have been adopted and implemented by the State
of Maryland or are Federal measures being implemented nationally. All
but one of the state control measures have been fully approved by EPA
into the Maryland SIP and are permanent and enforceable. Final approval
of the November 3, 2003 revisions are contingent upon EPA's approval of
Maryland's new consumer product rule (COMAR 26.11.32) which was
submitted to EPA on November 19, 2003 and was proposed by EPA for
direct final approval on December 9, 2003 (68 FR 68523). The mobile
source control programs include the total amount of reductions
associated with enhanced vehicle inspection and maintenance, Tier 1 and
Tier 2 motor vehicle emission standards, reformulated gasoline, the
National Low Emissions Vehicle program, and highway heavy duty diesel
engine standards. EPA's MOBILE6 emissions model was used to generate
the mobile source emission reductions.
Table 7.--Summary of ROP Emission Control Measures for Baltimore
------------------------------------------------------------------------
2005 VOC 2005 NOX
Control measure reduction reduction
(tpd) (tpd)
------------------------------------------------------------------------
Mobile Source Control Programs................... *36.75 *55.3
Stage II Refueling............................... *12.65 0.00
Landfills........................................ 0.27 0.00
Open Burning..................................... *3.52 *0.74
Surface Cleaning/Degreasing...................... 5.76 0.00
Architectural Coatings........................... 5.55 0.00
Consumer Products................................ 2.83 0.00
Autobody Refinishing............................. 8.07 0.00
Nonroad Small Gas Engines........................ 17.51 *(0.45)
Nonroad Diesel Engines Tier I & II............... 0.0 *21.62
Marine Engine Standards.......................... 1.79 ***(0.07)
Railroads........................................ 0.00 4.20
VOC RACT--Expandable Polystyrene................. 0.10 0.00
VOC RACT--Yeast Production....................... 0.87 0.00
VOC RACT--Commercial Bakeries.................... 0.72 0.00
VOC RACT--Screen Printing........................ 0.20 0.00
Federal Air Toxics............................... 0.50 0.00
Lithographic Printers............................ 2.66 0.00
Flexographic and Rotogravure Printers............ 0.90 0.00
Enhanced Rule Compliance......................... 5.10 0.00
State Air Toxics................................. 0.96 0.00
NOX RACT......................................... 0.00 5.01
OTC NOX Phase II/III............................. 0.00 *127.6
Nonroad RFG**.................................... 1.39 0.00
OTC--Consumer Products**......................... 3.57 0.00
Large Spark Ignition Engines**................... 0.75 0.54
----------------------
Total........................................ 112.43 214.48
------------------------------------------------------------------------
* Estimated reductions revised from those in current, approved SIP in
order to reflect updated growth and/or control strategy assumptions.
** New control measure with credit being applied to attaining ROP for
2005.
*** ( ) sign indicates increase in projected emissions.
(3) Summary of ROP Evaluation--Maryland's ROP demonstration for the
Baltimore nonattainment area is summarized in tons per day in Table 8
below. The table shows that the projected control strategy inventories
are less than or equal to the target level established for 2005.
Therefore, the ROP plan demonstrates that emissions have been
sufficiently reduced for the 2005 milestone year.
Table 8.--Baltimore Nonattainment Area ROP Demonstration
------------------------------------------------------------------------
2005
VOC 2005 NOX
(tpd) (tpd)
------------------------------------------------------------------------
Projected Uncontrolled Emissions (includes growth) 333.96 558.94
(refer to tables 3 and 4).........................
Reductions From Creditable Emission Control 112.43 214.48
Measures (refer to table 5).......................
Emissions Level Obtained (uncontrolled emissions 221.53 344.47
minus emission reductions)........................
Projected Target Levels (refer to tables 1 and 2).. 221.53 345.47
Surplus Emission Reductions (target levels minus 0.00 1.02
emissions obtained)...............................
------------------------------------------------------------------------
B. Motor Vehicle Emissions Budgets
Under EPA's transportation conformity rule, an ROP plan, like an
attainment plan, is referred to as a control strategy SIP (40 CFR
93.124). A control strategy SIP identifies and establishes the MVEBs to
which an area's transportation improvement program and long range
transportation plan must conform. Conformity to a control strategy SIP
means that transportation activities will not produce new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standard. Maryland is required to
identify motor MVEBs for both NOX and VOCs in the Baltimore
area's post 96 ROP plans. The MVEBs for the Baltimore area for the
milestone year 2005 are shown in Table 9 below.
Table 9.--ROP Motor Vehicle Emission Budgets for the Baltimore Area
------------------------------------------------------------------------
VOC NOX
Attainment year (tpd) (tpd)
------------------------------------------------------------------------
2005................................................ 55.05 144.5
------------------------------------------------------------------------
EPA approved new 2005 MOBILE6 based MVEBs for the Baltimore
attainment demonstration on October 27, 2003 (68 FR 61106). Those MVEBs
became effective on November 26, 2003. The approved 2005 attainment
plan MVEBs budgets are 55.3 tons per day of VOC and 146.9 tons per day
of NOX.
[[Page 75195]]
Maryland's 2005 proposed ROP MVEBs, as shown above in Table 7 are less
than those MVEBS in the approved attainment demonstration. These more
restrictive MVEBs, contained in the proposed ROP plan will become the
applicable MVEBs to be used in transportation conformity demonstrations
for the year 2005 for the Baltimore area once the ROP plan is approved.
C. Contingency Measures
Section 172(c)(9) of the Act requires moderate and above ozone
nonattainment areas to adopt contingency measures that would have to be
implemented should the area fail to achieve ROP or to attain by its
attainment date. In addition, section 182(c)(9) of the Act requires
serious and above areas to adopt contingency measures which would be
implemented if the area fails to meet any applicable milestone.
In the revised Baltimore area ROP plan, Maryland has reallocated
some of the contingency measures established in prior SIP revisions to
the control measures portion of the 2005 ROP plan. EPA guidance allows
states an additional year to adopt new contingency measures to replace
those which are used. In its November 3, 2003 SIP revision submittal,
MDE is making an enforceable commitment to replace those contingency
measures reallocated to the control measures portion of the plan and to
submit an updated contingency plan reflecting these additional
contingency measures by October 31, 2004.
EPA's review of Maryland's SIP revisions indicates that the post-
1996 ROP requirements of the Act have been met for the Baltimore ozone
nonattainment area. EPA is proposing to approve the revisions to the
ROP plan for Baltimore area for milestone year 2005 that was submitted
by MDE on November 3, 2003. EPA is soliciting public comments on its
proposal to approve these revisions to the 2005 ROP plan and the
contingency measures as discussed in this document. Comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
IV. Proposed EPA Action
EPA is proposing to approve the SIP revisions submitted by the
State of Maryland on November 3, 2003. These revisions amend the
Baltimore area's ROP plan for the 2005 milestone year to update the
plan's emission inventories and MVEBs to reflect the use of MOBILE6 and
continue to demonstrate that the ROP requirement for 2005 will be met.
EPA is also proposing to approve the revisions submitted on November 3,
2003 which amend the contingency measures associated with the 2005 ROP
plan, including an enforceable commitment to replace those contingency
measures reallocated to the control measures portion of the plan, and
to submit an updated contingency plan reflecting these additional
contingency measures by October 31, 2004. These revisions are being
proposed under a procedure called parallel processing, whereby EPA
proposes rulemaking action concurrent with the state's procedures for
amending its SIP. If the proposed revisions are substantially changed
in areas other than those identified in this document, EPA will
evaluate those changes and may publish another notice of proposed
rulemaking. If no substantial changes are made other than those areas
cited in this notice, EPA will publish a final rulemaking notice on the
revisions. The final rulemaking action by EPA on these SIP revisions
will occur only after Maryland has completed the state's procedures for
amending the SIP and formally submitted the revisions to EPA for final
approval. In addition, final approval of the November 3, 2003 revisions
is contingent upon our approval of Maryland's new consumer product rule
(COMAR 26.11.32) which was submitted to EPA on November 19, 2003 and
was proposed by EPA for direct final approval on December 9, 2003 (68
FR 68523). EPA is soliciting public comments on the issues discussed in
this document. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting either electronic or written comments. To
ensure proper receipt by EPA, identify the appropriate rulemaking
identification number MD146-3106 in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
Kotsch.Martin@EPA.gov, attention MD146-3106. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov , EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
``Environmental Protection Agency'' at the top of the page and use the
``go'' button. The list of current EPA actions available for comment
will be listed. Please follow the online instructions for submitting
comments. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public
[[Page 75196]]
viewing at the EPA Regional Office, as EPA receives them and without
change, unless the comment contains copyrighted material, confidential
business information (CBI), or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
Submittal of CBI Comments--Do not submit information that you
consider to be CBI electronically to EPA. You may claim information
that you submit to EPA as CBI by marking any part or all of that
information as CBI (if you submit CBI on disk or CD-ROM, mark the
outside of the disk or CD-ROM as CBI and then identify electronically
within the disk or CD-ROM the specific information that is CBI).
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD-ROM, mark the outside of the
disk or CD-ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act.
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule proposing to approve revisions which amend the Baltimore
area's ROP plan for the 2005 milestone year to update the plan's
emission inventories and motor vehicle emissions budgets (MVEBs) to
reflect the use of MOBILE6 and which amend the contingency measures
associated with the 2005 ROP plan does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 19, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 03-32028 Filed 12-29-03; 8:45 am]
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