Approval and Promulgation of Air Quality Implementation Plans; Maryland; Attainment Demonstration for the Washington County Early Action Compact Area, 28256-28260 [05-9783]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Proposed Rules]
[Pages 28256-28260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9783]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-MD-0004; FRL-7913-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Attainment Demonstration for the Washington County Early 
Action Compact Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. The proposed revision 
consists of an Early Action Compact (EAC) Plan that will enable the 
Washington County EAC Area to demonstrate attainment and maintenance of 
the 8-hour ozone national ambient air quality (NAAQS) standard. This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 16, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-MD-0004 by one of the following 
methods:
    A. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: https://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: campbell.dave@epa.gov.
    D. Mail: R03-OAR-2005-MD-0004, David Campbell, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. R03-OAR-2005-MD-
0004. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
https://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic

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comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., 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 in RME 
or in hard copy 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: Ellen Wentworth, (215) 814-2034, or by 
e-mail at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: On December 20, 2004, the Maryland 
Department of the Environment (MDE) submitted a revision to its SIP. 
This revision consists of an Early Action Plan (EAP) for the Washington 
County EAC area. On February 28, 2005, the Maryland Department of the 
Environment (MDE) supplemented its December 20, 2004 submittal by 
providing a modeling addendum to its submittal after notice and public 
hearing.

I. Background

    In 1997, EPA established a new 8-hour ozone NAAQS that addresses 
the longer-term impact of ozone at lower levels. As such, the new 
standard is set at a lower level, 0.08 parts per million (ppm) than the 
previous 1-hour standard, 0.120 ppm, and is more protective of human 
health. Attainment of the 8-hour ozone standard is determined by 
averaging three years of the fourth highest 8-hour ozone levels as 
recorded by ambient air quality monitor(s) in an area. This number, 
called the design value, must be lower than 85 parts per billion (ppb) 
in order for the area to comply with the ozone standard. Currently, the 
Washington County EAC Area has an official design value based on 
quality-assured air quality date for the period 2001 to 2003, of 87 
ppb.\1\
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    \1\ To attain the 8-hour National Ambient Air Quality Standard 
(NAAQS) for ozone requires the fourth highest 8-hour daily maximum 
ozone concentration, average over three consecutive years, to be 
<=80 parts per billion (ppb) at each monitoring site (See 40 CFR 
part 50.10, Appendix I, paragraph 2.3). Because of the stipulations 
for rounding significant figures, this equates to a modeled 
attainment target of <=84 ppb. Because non-significant figures are 
truncated, a modeling estimate of <85 ppb is equivalent to <=84 ppb.
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    To begin to address the elevated ozone concentrations in the 
Washington County Area, the MDE investigated voluntary actions that 
could be implemented proactively to improve air quality. Maryland found 
the most promising of all of the options it explored to be EPA's EAC 
program. EACs are voluntary agreements entered into by affected local 
jurisdictions, State regulatory agencies, and EPA, to develop EAPs to 
reduce ozone precursor pollutants, such as nitrogen oxides 
(NOX) and volatile organic compounds (VOCs) and improve 
local air quality. The goal of an EAP is to bring about a positive 
change to local air quality on a schedule that is faster than the 
traditional regulatory nonattainment area designation and air quality 
planning process. These plans include the same components of 
traditional SIPs for nonattainment areas: emissions inventories, 
control strategies, schedules and commitments, and a demonstration of 
attainment based on photochemical modeling.
    The goal of an EAP is to develop a comprehensive strategy that will 
allow an area to achieve attainment of the 8-hour ozone standard by 
2007. This goal is accomplished by selecting and implementing the local 
ozone precursor pollutant control measures and other State and 
nationally implemented control measures that reduce emissions and allow 
the area to comply with the NAAQS for ozone. Areas successful in 
developing a plan that demonstrates attainment of the 8-hour ozone 
standard by 2007 will receive a deferral of the effective date of the 
nonattainment designation for the area from EPA. This deferral will 
remain in place as long as certain milestones are met, such as 
implementation of local controls by 2005. If the interim milestones are 
met and the area demonstrates attainment of the standard during the 
period from 2005 to 2007, based on quality-assured air quality data, 
then the nonattainment designation for the relevant area will be 
withdrawn by EPA and the area will face no further regulatory 
requirements. If an area fails at any point in the process, the 
nonattainment designation will become effective along with all of the 
associated regulatory requirements of such a designation.
    In December 2002, a number of States entered into EAC agreements, 
pledging to reduce emissions earlier than required by the Act for 
compliance with the 8-hour ozone standard. These States and local 
communities had to meet specific criteria and agreed to meet certain 
milestones for development and implementation of their individual EAC 
agreements. States with communities participating in the EAC program 
had to submit plans for meeting the 8-hour ozone standard by December 
31, 2004, rather than the June 15, 2007 deadline applicable to all 
other areas not meeting the standard. The EACs required communities to 
develop and implement air pollution control strategies, account for 
emissions growth, and demonstrate attainment and maintenance of the 8-
hour ozone standard. Greater details on the EAC program are explained 
in EPA's December 16, 2003 (68 FR 70108) proposed Federal Register 
notice entitled, ``Deferral of Effective Date of Nonattainment 
Designations for 8-hour Ozone National Ambient Air Quality Standards 
for Early Action Compact Areas.'' In December 2002, the Washington 
County Area entered into an EAC with both the MDE and EPA. This compact 
was signed by all parties involved and then submitted to EPA by the 
required date of December 31, 2002.
    On April 15, 2004, EPA designated all areas for the 8-hour ozone 
standard. The EPA deferred the effective date of nonattainment 
designations for EAC areas that were violating the 8-hour standard, but 
continued to meet their established EAC milestones. On April 30, 2004 
(69 FR 23858), EPA published its formal air quality designations and 
classifications for the 8-hour ozone standard. This action included the 
deferral of the effective date for all nonattainment areas that entered 
into EACS and developed EAPs, including the Washington County EAC Area. 
Specifically, the Washington County Area was designated as a ``basic'' 
nonattainment area with the effective date of the designation deferred 
to September 30, 2005. In a separate notice, EPA expects to continue to 
officially defer the effective date of the nonattainment designation 
for this Area, among others, in the future so long as the Area 
continues to fulfill its EAC obligations, including semi-annual status 
reporting requirements, implementation of the measures in its EAP by 
December 31, 2005, and a

[[Page 28258]]

progress assessment by June 30, 2006. EPA anticipates extending the 
currently effective deferral for all EAC areas from September 30, 2005 
until December 31, 2006, provided the above conditions are met.

II. Summary of the SIP Revision

A. Content of the Washington County EAC Area Attainment Demonstration

    As part of its EAC plan, Maryland developed an attainment 
demonstration supported by an ozone photochemical modeling study for 
the Washington County EAC Area. The attainment demonstration identifies 
a set of measures that will result in emission reductions and provides 
analyses that predict that the measures will result in ambient air 
quality concentrations that meet the 8-hour ozone standard in the 
Washington County EAC Area.
    The attainment demonstration was supported by results of a 
photochemical modeling analysis and technical documentation for all 
ozone monitors in the Washington County EAC Area. EPA believes that 
Maryland's 8-hour ozone photochemical modeling study developed for the 
Washington County EAC Area meets EPA's current modeling requirements. 
The State has adequately followed all relevant EPA guidance in 
demonstrating that the Washington County EAC Area will attain the 8-
hour ozone NAAQS in 2007, and continue to do so in 2012. The modeling 
results predict the maximum 2007 8-hour ozone design value for this 
area to be 80.8 ppb, which is less than what is needed (<=84 ppb) to 
show modeled attainment of the 8-hour ozone NAAQS.
    The attainment modeling information presented in this notice should 
be used in conjunction with the State's SIP submittal and EPA's 
technical support document (TSD), as certain modeling requirements 
performed by the State (i.e., details of the quality assurance 
performed, detailed analysis of data suitability, complete listings of 
all data inputs and outputs, etc.) are not reproduced in this notice.

B. Measures Included in the EAC SIP

    The Washington County EAP is designed to enable a proactive 
approach to ensuring attainment of the 8-hour NAAQS. Using the EAP 
approach, the Washington County EAC Area will be implementing emission-
reduction measures directed at attaining the 8-hour standard starting 
in 2005. The Area is then required to demonstrate compliance with the 
8-hour ozone standard by 2007, and maintain compliance with the 
standard at least through 2012. Compliance with the standard will be 
determined using ozone monitoring data. Historically, the State of 
Maryland has been very aggressive with its emission control program for 
ozone. As part of the Ozone Transport Commission (OTR), the MDE has 
implemented as many regulations as possible statewide and Washington 
County has been heavily regulated.
    The EAP control measures for the Washington County EAC Area consist 
of local, state, and Federal emission reduction strategies. Control 
measures to be implemented on the local level include a suite of 
measures which include: Vehicle miles traveled (VMT) and trip reduction 
measures (ride-matching/commuter connections, transit programs in 
Washington County, and park and ride lots); traffic flow improvements 
(signal system enhancements, incident management, and intelligent 
transportation systems (ITS); vehicle acquisitions and replacements in 
Washington County (fleet replacement and transit engine rebuilds); and 
an air quality action day program. Though not included in the modeled 
demonstration of attainment, emission reductions from the 
implementation of these measures will provide additional air quality 
benefits to the Washington County Area.
    In addition to the local strategies, several State and Federal 
actions have or will produce substantial ozone precursor emissions 
reductions both inside and outside of the local EAC area. These 
reductions are aimed at reducing local emissions and transport of 
pollution into the area. These strategies when combined with the local 
strategies, are expected to lower area ozone concentrations to the 
level at or below the ozone standard.
    Control measures to be implemented on the State level that were 
included in the attainment demonstration for the Area include 
reductions from area sources such as regulations requiring low-
emissions architectural and industrial maintenance (AIM) coatings, 
paint for road markings, and consumer products. On May 25, 2004 (69 FR 
29674), EPA proposed approval of Maryland's Ozone Transportation 
Commission (OTC) AIM rule into the Maryland SIP.
    Maryland has also submitted a number of State-supported measures in 
their EAP that were not included in the attainment demonstration, but 
are expected to provide additional air quality benefits to the 
Washington County EAC Area. These control measures include: the vehicle 
emissions inspection program (VEIP); off-road vehicle replacements; 
reasonably available control technology (RACT) for one source in the 
Washington County Area; and VOC reductions from the OTC portable fuel 
container program.
    The NOX SIP Call (63 FR 57356, October 27, 1998) 
required States to implement reductions necessary to address the ozone 
transport problem, and on April 27, 2000, Maryland submitted its 
NOX Budget Trading Program to meet its NOX SIP 
Call obligations. Maryland's program applies to electric generating 
units that serve a generator greater than 25 megawatts and to 
industrial units greater than 250 mmBTU/hr. On January 10, 2001, (66 FR 
1866), EPA approved Maryland's NOX Budget Trading Program. 
Maryland began implementing its NOX Budget Trading Program 
during the 2003 ozone season. The photochemical modeling that 
demonstrates attainment for the Washington County EAC Area relies upon 
expected benefits from the NOX SIP Call throughout the 
modeling domain.
    At the Federal level, numerous EPA programs have been or will be 
implemented to reduce ozone pollution. These programs, that were 
included in the modeled demonstration of attainment, cover all the 
major categories of ozone generating pollutants and are designed to 
assist many areas that need to come into compliance with the Federal 
ozone standard. These include motor vehicle emissions controls for VOC 
and NOX sources (the National Low Emissions Vehicle Program 
(NLEV), Tier II, and Heavy Duty Engine (HDE) standards).
    All these measures have been developed to address the creation of 
ozone producing emissions in the local areas as well as to lessen the 
transport of ozone into the area as a comprehensive approach to 
reducing ozone levels. A detailed summary and description of all of the 
control measures including those that were modeled, as well as the 
additional measures that are expected to assist the Area in meeting 
attainment of the standard in 2007, can be found in the TSD prepared in 
support of this rulemaking.

C. Maintenance for Growth

    Consistent with EPA guidance, the EAP also contains components to 
ensure maintenance of the 8-hour ozone standard through 2012, five 
years beyond the 2007 attainment date. The Washington County EAC area 
has developed an emissions inventory for the year 2012, as well as a 
continuing planning process to address this essential part of the plan. 
Due to the emission control measures identified in the EAP, the 
emissions inventory

[[Page 28259]]

predicted an overall reduction in emissions through 2012. From 1999 to 
2007, emissions of VOCs are estimated to decline by 8.4 percent, and 
emissions of NOX are estimated to be reduced by 15.7 
percent. By 2012, emissions are predicted to be 4.9 percent less than 
those modeled in 2007 for VOCs, and 21.3 percent less than those 
modeled in 2007 for NOX. Using air quality models to 
anticipate the impact of growth, as well as the Federal, State-
assisted, and locally-implemented measures to reduce emissions, the 
State of Maryland has projected the Area will be in attainment of the 
8-hour ozone standard in 2007, and will remain in attainment through 
2012.
    The maintenance for growth portion of the compact includes the 
continuous planning process that provides for a review to ensure that 
the adopted emission reduction strategies are adequate to addresses 
growth in emissions. The continuous planning process will be conducted 
concurrently with the tracking and reporting process for the EAP. In 
addition, the Maryland compact requires that if the continuous planning 
process identifies the need to add emission reduction strategies after 
the plan is incorporated into the SIP, the local area and State will 
initiate the process to include the new measures in the Maryland SIP. 
The continuous planning process is adequate to fulfill the need for a 
commitment to evaluate and to correct any potential shortfalls in 
anticipated emissions reductions. In addition, the EAC signatories and 
implementing agencies will review all EAC activities and report on 
these results in their semi-annual reports, beginning in June 2006. The 
semi-annual reports will track and document, at a minimum, control 
strategy implementation and results, monitoring data and future plans. 
Furthermore, as part of this SIP submittal, the local area commits to 
continue to submit periodic updates in the form of semi-annual status 
reports to MDE and EPA on the implementation status and results of the 
local control program with sufficient details to make program 
sufficiency determinations. Although not required by the EAC protocol, 
Washington County's plan contains contingency measures which could be 
implemented in response to any unexpected shortfall in anticipated 
reductions. These additional strategies include the implementation of 
one or more of the following: flexible work schedules for employees in 
the County; reformulated gasoline (RFG) or low Reid vapor pressure 
(RVP) gasoline program; diesel vehicle emission controls; traffic flow 
improvements; low-emissions vehicle acquisitions; and, gas can and 
lawnmower replacement programs.

III. Proposed Action

    EPA is proposing to approve the attainment demonstration and the 
EAP for the Washington County EAC Area in the State of Maryland. The 
modeling of ozone and ozone precursor emissions from sources in the 
Washington County EAC area demonstrates that the specified control 
strategies will provide for attainment of the 8-hour ozone NAAQS by 
December 31, 2007, and maintenance of that standard through 2012. To 
date, Washington County has met all of its EAC milestones, and as long 
as the Area continues to meet the agreed upon milestones, the 
nonattainment designation for this Area will be deferred until 
September 30, 2005. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

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 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 (Pub. L. 104-4). This proposed rule also does 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), nor will it 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), because it 
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 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this proposed rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This proposed rule, pertaining to the attainment demonstration and EAP 
for the Washington County EAC area, 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, Nitrogen dioxide, 
Ozone, Volatile Organic Compounds, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.


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    Dated: May 3, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-9783 Filed 5-16-05; 8:45 am]
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