Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Serious Nonattainment Area, 29970-29972 [2015-12488]
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<![CDATA[
29970
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: May 13, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.1870
[Amended]
2. Section 52.1870 is amended by
removing and reserving paragraph
(c)(107).
■
[FR Doc. 2015–12363 Filed 5–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0883; FRL–9928–15–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Determination of Attainment
of the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the
Baltimore, Maryland Serious
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) has determined that the
Baltimore, Maryland Serious
Nonattainment Area (Baltimore Area)
has attained the 1997 8-hour ozone
National Ambient Air Quality Standard
(NAAQS). This determination is based
upon complete, quality-assured, and
certified ambient air monitoring data
that shows the Baltimore Area has
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
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monitored attainment of the 1997 8hour ozone NAAQS for the 2012–2014
monitoring period. EPA is finding the
Baltimore Area to be in attainment in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
June 25, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0883. 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.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA revised the
health-based NAAQS for ozone based
on 8-hour average concentrations. 62 FR
38856. The 8-hour averaging period
replaced the previous 1-hour averaging
period, and the level of the NAAQS was
changed from 0.12 parts per million
(ppm) to 0.08 ppm. Id. On April 30,
2004 (69 FR 23858), EPA finalized its
attainment/nonattainment designations
for areas across the country for the 1997
8-hour ozone NAAQS. These actions
became effective on June 15, 2004.
Among those nonattainment areas was
the Baltimore Area (specifically, Anne
Arundel County, Baltimore City,
Baltimore County, Carroll County,
Harford County, and Howard County),
which was designated as a moderate
ozone nonattainment area. Id. Later, the
Baltimore Area was reclassified as a
serious nonattainment area for the 1997
ozone NAAQS. 77 FR 4901 (February 1,
2012). See 40 CFR 81.321. Air quality
monitoring data from the 2012–2014
monitoring period indicate that the
Baltimore Area is now attaining the
1997 8-hour ozone NAAQS. On March
25, 2015 (80 FR 15711), EPA published
a notice of proposed rulemaking (NPR)
for the State of Maryland. In the NPR,
EPA proposed to determine that the
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Baltimore Area has attained the 1997 8hour ozone NAAQS.
Under the provisions of EPA’s ozone
implementation rule (40 CFR 51.918), if
EPA issues a determination that an area
is attaining the relevant standard
(through a rulemaking that includes
public notice and comment), it will
suspend the area’s obligations to submit
an attainment demonstration,
reasonably available control measures
(RACM), reasonable further progress
(RFP) plan, contingency measures and
other planning requirements related to
attainment of the 1997 8-hour ozone
NAAQS for as long as the area continues
to attain the standard. This suspension
remains in effect until such time, if ever,
that EPA (i) redesignates the area to
attainment at which time those
requirements no longer apply, or (ii)
subsequently determines that the area
has violated the 1997 8-hour ozone
NAAQS. Although these requirements
are suspended, EPA is not precluded
from acting upon these elements at any
time if submitted to EPA for review and
approval. The determination of
attainment is not equivalent to a
redesignation under section 107(d)(3) of
the CAA. The designation status of the
Baltimore Area will remain
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
determines that the Baltimore Area
meets the CAA requirements for
redesignation to attainment, including
an approved maintenance plan.
Additionally, the determination of
attainment is separate from, and does
not influence or otherwise affect, any
future designation determination or
requirements for the Baltimore Area
based on any new or revised ozone
NAAQS, and it remains in effect
regardless of whether EPA designates
the Baltimore Area as a nonattainment
area for purposes of any new or revised
ozone NAAQS.
II. EPA’s Evaluation
EPA has reviewed the complete,
quality-assured and certified ozone
ambient air monitoring data for the
monitoring period for 2012–2014 for the
Baltimore Area. The design values for
each monitor for the years 2012–2014
are less than or equal to 0.084 ppm, and
all monitors meet the data completeness
requirements (see Table 1). Based on
this 2012–2014 data from the Air
Quality System (AQS) database and
consistent with the requirements
contained in 40 CFR part 50, EPA has
concluded that the Baltimore Area
attained the 1997 8-hour ozone NAAQS.
Other specific requirements and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
29971
restated here. No public comments were
received on the NPR.
TABLE 1—2012–2014 BALTIMORE AREA 1997 8-HOUR OZONE DESIGN VALUES
Average
percent (%) data
completeness
Monitor ID
24–003–0014
24–005–1007
24–005–3001
24–013–0001
24–025–1001
24–025–9001
24–510–0054
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
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The data in Table 1 are available in
EPA’s AQS database. The AQS report
with this data is available in the docket
for this rulemaking under docket
number EPA–R03–OAR–2014–0883 and
available online at www.regulations.gov,
docket number EPA–R03–OAR–2014–
0883.
III. Final Action
EPA has determined that the
Baltimore Area has attained the 1997 8hour ozone NAAQS. This determination
is based upon complete, qualityassured, and certified ambient air
monitoring data that show the Baltimore
Area has monitored attainment of the
1997 8-hour ozone NAAQS for the
2012–2014 monitoring period. This
determination suspends the requirement
for the Baltimore Area to submit an
attainment demonstration, RACM, a
RFP plan, contingency measures, and
other planning requirements related to
attainment of the 1997 8-hour ozone
NAAQS for so long as the Baltimore
Area continues to attain the 1997 8-hour
ozone NAAQS. Although these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval. Finalizing
this determination does not constitute a
redesignation of the Baltimore Area to
attainment for the 1997 8-hour ozone
NAAQS under CAA section 107(d)(3).
This determination of attainment also
does not involve approving any
maintenance plan for the Baltimore
Area and does not determine that the
Baltimore Area has met all the
requirements for redesignation under
the CAA, including that the attainment
be due to permanent and enforceable
measures. Therefore, the designation
status of the Baltimore Area will remain
nonattainment for the 1997 8-hour
ozone NAAQS until such time as EPA
takes final rulemaking action to
determine that the Baltimore Area meets
the CAA requirements for redesignation
to attainment.
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IV. Statutory and Executive Order
Reviews
A. General Requirements
This action makes a determination of
attainment based on air quality, and will
result in the suspension of certain
Federal requirements, and will 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 CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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97
95
99
99
98
96
90
2012–2014
Design value
(ppm)
0.074
0.072
0.072
0.069
0.075
0.073
0.064
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 27, 2015. 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 determining that the
Baltimore Area has attained the 1997 8hour ozone NAAQS may not be
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
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 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1082, paragraph (h) is added
to read as follows:
■
§ 52.1082
Determinations of attainment.
*
*
*
*
*
(h) EPA has determined, as of May 26,
2015, that based on 2012 to 2014
ambient air quality data, the Baltimore
nonattainment area has attained the
1997 8-hour ozone NAAQS. This
determination, in accordance with 40
CFR 51.1118, suspends the requirement
for this area to submit an attainment
demonstration, associated reasonably
available control measures, a reasonable
further progress plan, contingency
measures, and other planning SIPs
related to attainment of the standard for
as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
[FR Doc. 2015–12488 Filed 5–22–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
wreier-aviles on DSK5TPTVN1PROD with RULES
[EPA–R03–OAR–2014–0792; FRL–9928–02–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Permits for Construction and
Major Modification of Major Stationary
Sources Which Cause or Contribute to
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is finalizing approval of
four State Implementation Plan (SIP)
revisions submitted by the West
Virginia Department of Environmental
Protection for the State of West Virginia
on June 29, 2010, July 8, 2011, July 6,
2012, and July 1, 2014 with the
exception of certain revisions related to
ethanol production facilities on which
the EPA is taking no action at this time.
These revisions pertain to West
Virginia’s nonattainment New Source
Review (NSR) program, notably
provisions for preconstruction
permitting requirements for major
sources of fine particulate matter (PM2.5)
and NSR reform. This action is being
taken under the Clean Air Act (CAA).
DATES: This final rule is effective on
June 25, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2014–0792. 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 West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Gordon, (215) 814–2039, or by
email at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On February 5, 2015 (80 FR 6491), the
EPA published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. In the NPR, the EPA proposed
approval of revisions to West Virginia’s
nonattainment NSR program, notably
provisions for preconstruction
permitting requirements for major
sources of PM2.5 and for NSR reform,
with the exception of certain revisions
related to ethanol production facilities
on which the EPA proposed taking no
action. The formal SIP revisions were
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submitted by West Virginia on June 29,
2010, July 8, 2011, July 6, 2012, and July
1, 2014.
While each of the SIP revisions was
submitted individually, the EPA is
finalizing approval of these submittals
as a whole. As described in the
proposal, there are some instances
where specific language was added in a
West Virginia regulation included in
one of the earlier SIP submittals but the
language was subsequently removed
from that same regulation included in a
later SIP submittal such that the EPA
therefore only assessed the
approvability of that portion of the
regulation included in the later SIP
submittal. It should be noted that the
most recent version of West Virginia’s
nonattainment NSR regulations is the
version included for SIP approval in the
2014 submittal, and this submittal
reflects the sum of the changes made
from the 2010, 2011, and 2012
submittals as well.1
In this final action, the EPA is
revising 40 CFR part 52, subpart XX to
reflect approval of revisions to West
Virginia’s nonattainment NSR program
in Series 19 under Title 45 of West
Virginia Code of State Rules (45CSR19),
with the exception of certain provisions
related to ethanol production facilities
on which the EPA proposed taking no
action. A full description of the
revisions submitted by West Virginia is
available in the proposed approval and
in the docket for this rulemaking action.
No comments were received during the
public comment period for the proposed
rule.
II. Summary of SIP Revision
The revisions submitted by WVDEP
which the EPA is approving in this
action involve amendments to 45CSR19
(Permits for Construction and Major
Modification of Major Stationary
Sources Which Cause or Contribute to
Nonattainment Areas) as a result of
Federal regulatory actions discussed in
the proposal for this final rule. A
summary of the changes made in the
2010, 2011, 2012, and 2014 submittals
are available in the docket under
‘‘Summary of West Virginia NSR
Changes.’’
As discussed in the proposal to this
final rule, West Virginia’s SIP revisions
include provisions that exclude
facilities that produce ethanol through a
natural fermentation process from the
1 The EPA, however, is acting on all four SIP
submittals in this notice because each submittal
contains necessary procedural information related
to West Virginia’s revisions to its nonattainment
NSR regulations and development of its SIP
submittals, which are required for SIP revisions by
40 CFR parts 51 and 52.
E:\FR\FM\26MYR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29970-29972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12488]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0883; FRL-9928-15-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Determination of Attainment of the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the Baltimore, Maryland Serious
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) has determined that
the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). This determination is based upon complete, quality-assured,
and certified ambient air monitoring data that shows the Baltimore Area
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2012-
2014 monitoring period. EPA is finding the Baltimore Area to be in
attainment in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on June 25, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0883. 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.
FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA revised the health-based NAAQS for ozone
based on 8-hour average concentrations. 62 FR 38856. The 8-hour
averaging period replaced the previous 1-hour averaging period, and the
level of the NAAQS was changed from 0.12 parts per million (ppm) to
0.08 ppm. Id. On April 30, 2004 (69 FR 23858), EPA finalized its
attainment/nonattainment designations for areas across the country for
the 1997 8-hour ozone NAAQS. These actions became effective on June 15,
2004. Among those nonattainment areas was the Baltimore Area
(specifically, Anne Arundel County, Baltimore City, Baltimore County,
Carroll County, Harford County, and Howard County), which was
designated as a moderate ozone nonattainment area. Id. Later, the
Baltimore Area was reclassified as a serious nonattainment area for the
1997 ozone NAAQS. 77 FR 4901 (February 1, 2012). See 40 CFR 81.321. Air
quality monitoring data from the 2012-2014 monitoring period indicate
that the Baltimore Area is now attaining the 1997 8-hour ozone NAAQS.
On March 25, 2015 (80 FR 15711), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to
determine that the Baltimore Area has attained the 1997 8-hour ozone
NAAQS.
Under the provisions of EPA's ozone implementation rule (40 CFR
51.918), if EPA issues a determination that an area is attaining the
relevant standard (through a rulemaking that includes public notice and
comment), it will suspend the area's obligations to submit an
attainment demonstration, reasonably available control measures (RACM),
reasonable further progress (RFP) plan, contingency measures and other
planning requirements related to attainment of the 1997 8-hour ozone
NAAQS for as long as the area continues to attain the standard. This
suspension remains in effect until such time, if ever, that EPA (i)
redesignates the area to attainment at which time those requirements no
longer apply, or (ii) subsequently determines that the area has
violated the 1997 8-hour ozone NAAQS. Although these requirements are
suspended, EPA is not precluded from acting upon these elements at any
time if submitted to EPA for review and approval. The determination of
attainment is not equivalent to a redesignation under section 107(d)(3)
of the CAA. The designation status of the Baltimore Area will remain
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA
determines that the Baltimore Area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan.
Additionally, the determination of attainment is separate from, and
does not influence or otherwise affect, any future designation
determination or requirements for the Baltimore Area based on any new
or revised ozone NAAQS, and it remains in effect regardless of whether
EPA designates the Baltimore Area as a nonattainment area for purposes
of any new or revised ozone NAAQS.
II. EPA's Evaluation
EPA has reviewed the complete, quality-assured and certified ozone
ambient air monitoring data for the monitoring period for 2012-2014 for
the Baltimore Area. The design values for each monitor for the years
2012-2014 are less than or equal to 0.084 ppm, and all monitors meet
the data completeness requirements (see Table 1). Based on this 2012-
2014 data from the Air Quality System (AQS) database and consistent
with the requirements contained in 40 CFR part 50, EPA has concluded
that the Baltimore Area attained the 1997 8-hour ozone NAAQS. Other
specific requirements and the rationale for EPA's proposed action are
explained in the NPR and will not be
[[Page 29971]]
restated here. No public comments were received on the NPR.
Table 1--2012-2014 Baltimore Area 1997 8-Hour Ozone Design Values
------------------------------------------------------------------------
Average percent 2012-2014
Monitor ID (%) data Design value
completeness (ppm)
------------------------------------------------------------------------
24-003-0014......................... 97 0.074
24-005-1007......................... 95 0.072
24-005-3001......................... 99 0.072
24-013-0001......................... 99 0.069
24-025-1001......................... 98 0.075
24-025-9001......................... 96 0.073
24-510-0054......................... 90 0.064
------------------------------------------------------------------------
The data in Table 1 are available in EPA's AQS database. The AQS
report with this data is available in the docket for this rulemaking
under docket number EPA-R03-OAR-2014-0883 and available online at
www.regulations.gov, docket number EPA-R03-OAR-2014-0883.
III. Final Action
EPA has determined that the Baltimore Area has attained the 1997 8-
hour ozone NAAQS. This determination is based upon complete, quality-
assured, and certified ambient air monitoring data that show the
Baltimore Area has monitored attainment of the 1997 8-hour ozone NAAQS
for the 2012-2014 monitoring period. This determination suspends the
requirement for the Baltimore Area to submit an attainment
demonstration, RACM, a RFP plan, contingency measures, and other
planning requirements related to attainment of the 1997 8-hour ozone
NAAQS for so long as the Baltimore Area continues to attain the 1997 8-
hour ozone NAAQS. Although these requirements are suspended, EPA is not
precluded from acting upon these elements at any time if submitted to
EPA for review and approval. Finalizing this determination does not
constitute a redesignation of the Baltimore Area to attainment for the
1997 8-hour ozone NAAQS under CAA section 107(d)(3). This determination
of attainment also does not involve approving any maintenance plan for
the Baltimore Area and does not determine that the Baltimore Area has
met all the requirements for redesignation under the CAA, including
that the attainment be due to permanent and enforceable measures.
Therefore, the designation status of the Baltimore Area will remain
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA
takes final rulemaking action to determine that the Baltimore Area
meets the CAA requirements for redesignation to attainment.
IV. Statutory and Executive Order Reviews
A. General Requirements
This action makes a determination of attainment based on air
quality, and will result in the suspension of certain Federal
requirements, and will 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 CAA; 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 27, 2015. 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 determining that the Baltimore Area has attained the
1997 8-hour ozone NAAQS may not be
[[Page 29972]]
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 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended 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. 52.1082, paragraph (h) is added to read as follows:
Sec. 52.1082 Determinations of attainment.
* * * * *
(h) EPA has determined, as of May 26, 2015, that based on 2012 to
2014 ambient air quality data, the Baltimore nonattainment area has
attained the 1997 8-hour ozone NAAQS. This determination, in accordance
with 40 CFR 51.1118, suspends the requirement for this area to submit
an attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as this area continues to meet the 1997 8-hour ozone NAAQS.
[FR Doc. 2015-12488 Filed 5-22-15; 8:45 am]
BILLING CODE 6560-50-P
