[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Rules and Regulations]
[Pages 33172-33174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13687]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0956; FRL-9160-3]
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 Philadelphia 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 reasonable further progress (RFP)
plan, the 2002 base year emissions inventory, RFP contingency measure,
and reasonably available control measure (RACM) requirements of the
Clean Air Act (CAA) for the Maryland portion of the Philadelphia
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 12, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0956. All documents in the docket are listed in
the http://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 http://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 953), EPA published a notice of proposed
rulemaking (NPR) for a SIP revision submitted by 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
Maryland portion of the Philadelphia 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 Maryland portion of the Philadelphia 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 Philadelphia 8-hour ozone nonattainment area and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here.
The following public comment was received on the NPR.
Comment: An anonymous commenter submitted the comment: ``We do not
need tighter regulations on ozone. Ragweed is more of problem than
smog.''
Response: The comment, while vaguely expressing a general
uncertainty about the rule, does not identify any particular defects in
the rule substance or adoption. Importantly, the comment does not
oppose EPA's proposed full approval of the rule. Moreover, while the
commenter expresses a general dislike for regulations addressing ozone
pollution, the commenter does not question the legal obligation for the
states to adopt and submit SIP revisions
[[Page 33173]]
addressing these specific obligations for the 1997 8-hour ozone NAAQS.
See generally CAA section 182(b) and 40 CFR part 51 subpart X. EPA,
therefore, believes that the commenter has not provided a basis for EPA
to not move forward and approve the submitted SIP.
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 Maryland portion of the Philadelphia 8-hour ozone nonattainment
area, contained in Maryland's June 4, 2007 SIP revision submittal for
the Maryland portion of the Philadelphia 8-hour ozone nonattainment
area. The SIP revision satisfies these requirements for 1997 8-hour
ozone NAAQS nonattainment areas classified as moderate and demonstrates
further progress in reducing ozone precursors.
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 10, 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 Maryland portion
of the Philadelphia 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 27, 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
0
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 for the Maryland portion of the
Philadelphia 1997 8-hour Ozone Moderate Nonattainment Area.
The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
[[Page 33174]]
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
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* * * * * * *
Reasonable Further Progress Maryland portion 6/4/07 6/11/10 [Insert ......................
Plan (RFP), Reasonably of the page number where
Available Control Measures, Philadelphia 1997 the document
and Contingency Measures. 8-hour ozone begins].
moderate
nonattainment
area.
2002 Base Year Inventory for Maryland portion 6/4/07 6/11/10 [Insert ......................
VOC, NOX, and CO. of the page number where
Philadelphia 1997 the document
8-hour ozone begins].
moderate
nonattainment
area.
2008 RFP Transportation Maryland portion 6/4/07 6/11/10 [Insert ......................
Conformity Budgets. of the page number where
Philadelphia 1997 the document
8-hour ozone begins].
moderate
nonattainment
area.
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3. Section 52.1075 is amended by adding paragraph (j) to read as
follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(j) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Maryland portion
of the Philadelphia 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 (s) and (t) to read
as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(s) 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
Maryland portion of the Philadelphia 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland
Department of the Environment on June 4, 2007.
(t) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Maryland portion of the Philadelphia 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 Maryland Portion of the Philadelphia 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 2.3 7.9 April 13, 2009, (74 FR 13433),
published March 27, 2009.
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[FR Doc. 2010-13687 Filed 6-10-10; 8:45 am]
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