[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31709-31711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13381]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0957; FRL-9158-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission
Inventory, Contingency Measures, Reasonably Available Control Measures,
and Transportation Conformity Budgets for the Baltimore 1997 8-Hour
Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a revision to the Maryland State
Implementation Plan (SIP) to meet the 2002 base year emissions
inventory, the reasonable further progress (RFP) plan, RFP contingency
measure, and reasonably available control measure (RACM) requirements
of the Clean Air Act (CAA) for the Baltimore moderate 1997 8-hour ozone
nonattainment area. EPA is also approving the transportation conformity
motor vehicle emissions budgets (MVEBs) associated with this revision.
EPA is approving the SIP revision because it satisfies the emission
inventory, RFP, RACM, RFP contingency measures, and transportation
conformity requirements for areas classified as moderate nonattainment
for the 1997 8-hour ozone national ambient air quality standard (NAAQS)
and demonstrates further progress in reducing ozone precursors. EPA is
approving the SIP revision pursuant to the CAA and EPA's regulations.
DATES: Effective Date: This final rule is effective on July 6, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0957. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy 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. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On January 7, 2010 (75 FR 958), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. The NPR proposed approval
of Maryland's 2002 base year emissions inventory, RFP plan, RFP
contingency measures, RACM, and MVEBs for the Baltimore moderate 1997
8-hour ozone nonattainment area. EPA is approving the SIP revision
because it satisfies the emission inventory, RFP, RACM, RFP contingency
measure, and transportation conformity requirements of the section 110
and part D of the CAA and EPA's regulations. The formal SIP revision
was submitted by the State of Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision addresses emissions inventory, RACM, RFP and
contingency measures requirements for the 1997 8-hour ozone NAAQS for
the Baltimore 8-hour ozone moderate nonattainment area. The SIP
revision also establishes MVEBs for 2008. Other specific requirements
of Maryland's June 4, 2007 SIP revision for the Baltimore 8-hour ozone
nonattainment area and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here. No public comments
were received on the NPR.
III. Final Action
EPA is approving the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; RACM analysis; and 2008 transportation conformity budgets for
the Baltimore 8-hour ozone nonattainment area, contained in Maryland's
June 4, 2007 SIP revision submittal for the Baltimore 8-hour ozone
nonattainment area. The SIP revision satisfies the requirements for
1997 8-hour ozone NAAQS nonattainment areas classified as moderate and
demonstrates further progress in reducing ozone precursors.
[[Page 31710]]
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 rule 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.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 3, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action pertaining to the Baltimore
moderate 1997 8-hour ozone nonattainment area's 2002 base year
emissions inventory; 2008 ozone projected emission inventory; 2008 RFP
plan; RFP contingency measures; RACM analysis; and 2008 transportation
conformity budgets may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 21, 2010.
William C. Early,
Acting Regional Administrator, EPA Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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2. In Sec. 52.1070, the table in paragraph (e) is amended by adding at
the end of the table, the entries for Reasonable Further Progress Plan
(RFP), Reasonably Available Control Measures and Contingency Measures;
2002 Base Year Inventory for VOC, NOX and CO; and 2008 RFP
Transportation Conformity Budgets. The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
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Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
Reasonable Further Progress Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
Plan (RFP), Reasonably hour ozone number where the
Available Control Measures, moderate document begins]
and Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
VOC, NOX, and CO. hour ozone number where the
moderate document begins]
nonattainment
area.
2008 RFP Transportation Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
Conformity Budgets. hour ozone number where the
moderate document begins]
nonattainment
area.
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[[Page 31711]]
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3. Section 52.1075 is amended by revising the section heading and by
adding paragraph (i) to read as follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(i) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of
the Maryland Department of the Environment on June 4, 2007. This
submittal consists of the 2002 base year point, area, non-road mobile,
and on-road mobile source inventories in area for the following
pollutants: Volatile organic compounds (VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
0
4. Section 52.1076 is amended by adding paragraphs (q) and (r) to read
as follow:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(q) EPA approves revisions to the Maryland State Implementation
Plan consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by
the Secretary of the Maryland Department of the Environment on June 4,
2007.
(r) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland
Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Baltimore Area
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Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) determination or SIP approval
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Rate of Progress Plan................. 2008 41.2 106.8 April 13, 2009, (74 FR 13433),
published March 27, 2009.
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[FR Doc. 2010-13381 Filed 6-3-10; 8:45 am]
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