Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2002 Base Year Emission Inventory, Reasonable Further Progress Plan, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Baltimore 1997 8-Hour Moderate Ozone Nonattainment Area, 958-964 [2010-17]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 4 (Thursday, January 7, 2010)]
[Proposed Rules]
[Pages 958-964]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0957; FRL-9100-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 2002 Base Year Emission Inventory, Reasonable Further 
Progress Plan, 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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve 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 proposing to approve the transportation 
conformity motor vehicle emissions budgets (MVEBs) and associated with 
this revision. EPA is proposing to approve 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 proposing to approve the SIP revision pursuant 
to section 110 and part D of the CAA and EPA's regulations.

DATES: Written comments must be received on or before February 8, 2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0957 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0957, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such

[[Page 959]]

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 Docket ID No. EPA-R03-OAR-
2009-0957. 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.regulations.gov, 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 https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is 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 https://www.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 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 
https://www.regulations.gov index. 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 https://www.regulations.gov 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: Maria A. Pino, (215) 814-2181, or by 
e-mail at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following is provided to aid in locating information in this 
document.

I. What Action is EPA Taking?
II. What is the Background for this Action?
III. What is EPA's Evaluation of the Revision?
IV. Statutory and Executive Order Reviews

I. What Action is EPA Taking?

    EPA is proposing to approve a revision to the Maryland SIP 
submitted by the Maryland Department of the Environment (MDE) on June 
4, 2007 to meet the emissions inventory and RFP requirements of the CAA 
for the Baltimore moderate 1997 8-hour ozone nonattainment area (NAA). 
EPA is proposing to approve the 2002 base year emissions inventory, the 
15 percent RFP plan and associated projected 2008 emission inventories, 
the contingency measures for failure to meet 2008 RFP, the RACM 
analysis, and the RFP 2008 MVEBs. The RFP plan demonstrates that 
emissions will be reduced 15 percent for the period of 2002 through 
2008. The volatile organic compound (VOC) MVEB is 41.2 tons per day 
(tpd) and the nitrogen oxides (NOX) MVEB is 106.8 tpd. EPA 
is proposing to approve the SIP revision because it satisfies RFP, 
contingency measure, RACM, RFP transportation conformity, and emissions 
inventory requirements for areas classified as moderate nonattainment 
for the 1997 8-hour ozone NAAQS and demonstrates further progress in 
reducing ozone precursors. EPA is proposing to approve the SIP revision 
pursuant to section 110 and part D of the CAA and EPA's regulations.

II. What is the Background for this Action?

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time, than was understood 
when the pre-existing 1-hour ozone standard was set. EPA determined 
that the 8-hour standard would be more protective of human health, 
especially children and adults who are active outdoors, and individuals 
with a pre-existing respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Baltimore moderate NAA. 
This NAA includes Baltimore City and Anne Arundel, Baltimore, Carroll, 
Harford, and Howard Counties, all in Maryland.
    These designations triggered the CAA's section 110(a)(1) 
requirement that States must submit attainment demonstrations for their 
nonattainment areas to EPA by no later than three years after the 
promulgation of a NAAQS. Accordingly, EPA's Phase 1 8-hour ozone 
implementation rule (Phase 1 rule), published on April 30, 2004 (69 FR 
23951), specifies that States must submit attainment demonstrations for 
their nonattainment areas to the EPA by no later than three years from 
the effective date of designation, that is, by June 15, 2007.
    Pursuant to the Phase 1 rule, an area was classified under subpart 
2 of the CAA based on its 8-hour design value if that area had a 1-hour 
design value at or above 0.121 ppm (the lowest 1-hour design value in 
Table 1 of subpart 2). Based on this criterion, the Baltimore ozone NAA 
was classified under subpart 2 as a moderate nonattainment area.
    On November 29, 2005 (70 FR 71612), as revised on June 8, 2007 (72 
FR 31727), EPA published the Phase 2 final rule for implementation of 
the 8-hour standard (Phase 2 rule). The Phase 2 rule addressed the RFP 
control and planning obligations as they apply to areas designated 
nonattainment for the 1997 8-hour ozone NAAQS.
    Among other things, the Phase 1 and 2 rules outline the SIP 
requirements and deadlines for various requirements in areas designated 
as moderate nonattainment. The rules further require that modeling and 
attainment demonstrations, reasonable further progress plans, 
reasonably available control measures, projection year emission 
inventories, motor vehicle emissions budgets, and contingency measures 
were all due by June 15, 2007 (40 CFR 51.908(a), (c)).
    Section 182(b)(1) of the CAA and EPA's 1997 8-hour ozone 
implementation rule (40 CFR 51.910) require each 8-hour ozone 
nonattainment area designated moderate and above to submit an emissions 
inventory and RFP Plan, for review and approval into its SIP, that 
describes how the area will achieve actual emissions reductions of VOC 
and NOX from a baseline emissions inventory.

[[Page 960]]

III. What is EPA's Evaluation of the Revision?

    EPA's analysis and findings are discussed in this proposed 
rulemaking and a more detailed discussion is contained in the Technical 
Support Document for this Proposal which is available on line at https://www.regulations.gov, Docket number EPA-R03-OAR-2009-0957.
    On June 4, 2007, Maryland submitted a comprehensive plan for the 
Baltimore NAA to address the CAA's 8-hour ozone attainment requirements 
that were identified earlier (the Baltimore 8-hour ozone plan). The SIP 
submittal included an attainment demonstration plan, RFP plans for 2008 
and 2009, a RACM analysis, contingency measures, on-road VOC and 
NOX MVEBs, and the 2002 base year emissions inventory. These 
SIP revisions were subject to notice and comment by the public and the 
State addressed the comments received on the proposed SIPs. All 
sections of this SIP submittal with the exception of the attainment 
demonstration plan will be discussed in this rulemaking. The attainment 
demonstration plan sections of this SIP submittal will be discussed in 
a separate rulemaking.

A. Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, current 
inventory of actual emissions from all sources and is required by 
section 172(c)(3) of the CAA. For ozone nonattainment areas, the 
emissions inventory needs to contain VOC and NOX emissions 
because these pollutants are precursors to ozone formation. EPA 
recommended 2002 as the base year emissions inventory, and is therefore 
the starting point for calculating RFP. Maryland submitted its 2002 
base year emissions inventory on June 4, 2007. A summary of the 
Baltimore NAA 2002 base year VOC and NOX emissions 
inventories is included in Table 1, below.

  Table 1--Baltimore NAA 2002 Base Year VOC & NOX Emissions in Tons per
                                Day (tpd)
------------------------------------------------------------------------
               Emission source category                   VOC      NOX
------------------------------------------------------------------------
Point.................................................    13.88   111.88
Stationary Area.......................................   116.81     8.18
Non-Road Mobile.......................................    70.22    40.96
On-Road Mobile........................................    70.57   177.06
Total (excluding Biogenics)...........................   271.48   338.08
Biogenics.............................................   223.20        0
------------------------------------------------------------------------

B. Adjusted Base Year Inventory and 2008 RFP Target Levels

    The process for determining the emissions baseline from which the 
RFP reductions are calculated is described in section 182(b)(1) of the 
CAA and 40 CFR 51.910. This baseline value is the 2002 adjusted base 
year inventory. Sections 182(b)(1)(B) and (D) require the exclusion 
from the base year inventory of emissions benefits resulting from the 
Federal Motor Vehicle Control Program (FMVCP) regulations promulgated 
by January 1, 1990, and the Reid Vapor Pressure (RVP) regulations 
promulgated June 11, 1990 (55 FR 23666). The FMVCP and RVP emissions 
reductions are determined by the State using EPA's on-road mobile 
source emissions modeling software, MOBILE6. The FMVCP and RVP emission 
reductions are then removed from the base year inventory by the State, 
resulting in an adjusted base year inventory. The emission reductions 
needed to satisfy the RFP requirement are then calculated from the 
adjusted base year inventory. These reductions are then subtracted from 
the adjusted base year inventory to establish the emissions target for 
the RFP milestone year (2008).
    For moderate areas like the Baltimore NAA, the CAA specifies a 15 
percent reduction in ozone precursor emissions over an initial six year 
period. In the Phase 2 Rule, EPA interpreted this requirement for areas 
that were also designated nonattainment and classified as moderate or 
higher for the 1-hour ozone standard. In the Phase 2 Rule, EPA provided 
that an area classified as moderate or higher that has the same 
boundaries as an area, or is entirely composed of several areas or 
portions of areas, for which EPA fully approved a 15 percent plan for 
the 1-hour NAAQS, is considered to have met the requirements of section 
182(b)(1) of the CAA for the 8-hour NAAQS. In this situation, a 
moderate nonattainment area is subject to RFP under section 172(c)(2) 
of the CAA and shall submit, no later than 3 years after designation 
for the 8-hour NAAQS, a SIP revision that meets the requirements of 40 
CFR 51.910(b)(2). The RFP SIP revision must provide for a 15 percent 
emission reduction (either NOX and/or VOC) accounting for 
any growth that occurs during the six year period following the 
baseline emissions inventory year, that is, 2002-2008.
    The Baltimore ozone NAA under the 1-hour ozone standard had the 
same boundary as the Baltimore NAA under the 1997 8-hour ozone 
standard. The Baltimore nonattainment area under the 1-hour ozone 
standard was classified as severe. EPA approved Maryland's 15% plan for 
the Baltimore severe ozone nonattainment area on February 2, 2000 (65 
FR 5252). Therefore, according to the Phase 2 Rule, the RFP plan for 
the Baltimore NAA may use either NOX or VOC emissions 
reductions (or both) to achieve the 15 percent emission reduction 
requirement.
    According to section 182(b)(1)(D) of the CAA, emission reductions 
that resulted from the FMVCP and Reid Vapor Pressure RVP rules 
promulgated prior to 1990 are not creditable for achieving RFP emission 
reductions. Therefore, the 2002 base year inventory is adjusted by 
subtracting the VOC and NOX emission reductions that are 
expected to occur between 2002 and the future milestone years due to 
the FMVCP and RVP rules.
    Maryland sets out its calculations for the adjusted base year 
inventory and 2008 RFP target levels in Section 5 of the Baltimore 8-
hour ozone plan.
    Step 1. Calculate the Baltimore NAA 2002 anthropogenic base year 
inventory. This is found in Table 5-1 of the Baltimore 8-hour ozone 
plan, and shown in Table 2, below.

      Table 2--Baltimore NAA 2002 Anthropogenic Base Year Inventory
                           [Ozone season tpd]
------------------------------------------------------------------------
                  Source category                      VOC        NOX
------------------------------------------------------------------------
Point.............................................      13.88     111.88
Area..............................................     116.81       8.18
Non-Road..........................................      70.22      40.96
On-Road...........................................      70.57     177.06
                                                   ---------------------
    Total.........................................     271.48     338.08
------------------------------------------------------------------------

    Step 2. Maryland calculated the non-creditable emission reductions 
between 2002 and 2008 by modeling its 2002 and 2008 motor vehicle 
emissions with all post-1990 CAA measures turned off, and calculating 
the difference. See, Table 3, below.

        Table 3--Baltimore NAA Non-Creditable Emission Reductions
                           [Ozone season tpd]
------------------------------------------------------------------------
                  Source category                      VOC        NOX
------------------------------------------------------------------------
(i) 2002 On-Road..................................    101.876    211.145
(ii) 2008 On-Road.................................     92.778    188.541
Non-creditable Reductions (i)-(ii)................       9.10      22.60
------------------------------------------------------------------------

    Step 3. Maryland's calculations of the Baltimore NAA 2002 VOC and 
NOX inventories adjusted relative to 2008 and VOC and 
NOX target levels for 2008 are found in Table 5-4 and 
Appendix C

[[Page 961]]

of the Baltimore 8-hour ozone plan, and are summarized in Table 4, 
below.

        Table 4--Baltimore NAA 2008 RFP Target Level Calculations
                           [Ozone season tpd]
------------------------------------------------------------------------
         Description              Formula          VOC           NOX
------------------------------------------------------------------------
A. 2002 Rate-Of Progress Base  .............        271.48        338.08
 Year Inventory.
B. FMVCP/RVP Reductions        .............          9.10         22.60
 Between 2002 And 2008.
C. 2002 Adjusted Base Year     A-B..........        262.38        315.48
 Inventory Relative To 2008.
D. RFP Reductions Totaling     .............          8             7
 15%.
E. Emissions Reductions        C * D........         20.99         22.08
 Required Between 2002 & 2008.
F. Target Level for 2008.....  C-E..........        241.39        293.40
------------------------------------------------------------------------

C. Projected Inventories and Determination of RFP

    Maryland describes its methods used for developing its 2008 
projected VOC and NOX inventories in Section 4.0 and 
Appendix B of the Baltimore 8-hour ozone plan. Projected uncontrolled 
and controlled 2008 VOC and NOX emissions are found in 
Appendix C of the Baltimore 8-hour ozone plan. EPA reviewed the 
procedures Maryland used to develop its projected inventories and found 
them to be reasonable.
    Projected controlled 2008 emissions for the Baltimore NAA are 
summarized in Table 4-3 of the Baltimore 8-hour ozone plan. The data 
from Table 4-3 is presented below, in Table 5, below.

  Table 5--Baltimore NAA 2008 Projected Controlled VOC & NOX Emissions
                                  (tpd)
------------------------------------------------------------------------
                                                       VOC        NOX
             Emission source category               emissions  emissions
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
Point.............................................      15.63     122.64
Area..............................................     108.17       8.43
Non-road..........................................      54.21      39.60
Mobile............................................      41.23     106.84
                                                   ---------------------
    Total.........................................     219.25     277.50
------------------------------------------------------------------------

    To determine if 2008 RFP is met in the Baltimore NAA, the total 
projected controlled emissions must be compared to the target levels 
calculated in the previous section of this document. As shown below in 
Table 6, the total VOC and NOX emission projections meet the 
2008 emission targets. Therefore, the 2008 RFP in the Baltimore NAA is 
demonstrated.

  Table 6--Determination of Whether RFP Is Met in 2008 in the Baltimore
                                   NAA
------------------------------------------------------------------------
                                                       VOC        NOX
                    Description                     emissions  emissions
                                                      (tpd)      (tpd)
------------------------------------------------------------------------
A. Total 2008 Projected Controlled Emissions......     219.25     277.50
B. Target Level for 2008..........................     241.39     293.40
RFP met if A < B..................................      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Yes.

D. Control Measures and Emission Reductions for RFP

    The control measure Maryland took credit for in order to meet the 
RFP requirement in the Baltimore NAA are described in Section 6.0 of 
the Baltimore 8-hour ozone plan. Maryland used a combination of on-road 
mobile, non-road mobile, and area source control measures to meet the 
RFP requirement for the Baltimore NAA.
    The on-road mobile measures Maryland used to meet 2008 RFP in the 
Baltimore NAA include enhanced vehicle inspection and maintenance 
(enhanced I/M), Tier I vehicle emission standards and new Federal 
evaporative test procedures (Tier I), reformulated gasoline, the 
national low emission vehicle (NLEV) program, and the Federal heavy-
duty diesel engine (HDDE) rule. Maryland calculated the emission 
reductions for 2008 RFP using the MOBILE model for these on-road mobile 
measures. EPA reviewed the procedures that MDE used to develop its 
projected inventories, including the use of the MOBILE model, and found 
them to be reasonable. Maryland calculated the on-road mobile 2008 
emission reductions to be 42.45 tpd VOC and 59.10 tpd NOX.
    The non-road measures Maryland used to meet 2008 RFP in the 
Baltimore NAA include non-road small gasoline engines, non-road diesel 
engines (Tier I and Tier II), marine engine standards, emission 
standards for large spark engines, and reformulated gasoline used in 
non-road motor vehicles and equipment. Maryland used the NONROAD model 
to calculate emission reductions from these non-road measures. EPA 
reviewed the procedures that MDE used to develop its projected 
inventories, including the use of the NONROAD model, and found them to 
be reasonable. Maryland calculated the non-road mobile 2008 emission 
reductions to be 17.89 tpd VOC and 6.74 tpd NOX.
    The other measures that Maryland used to meet RFP in the Baltimore 
NAA are railroad engine standards (Tier 2), the consumer and commercial 
products rule (Phase I), the architectural and industrial (AIM) 
coatings rule, and the portable fuel containers rule (Phase I). In the 
Technical Support Document (TSD) for this action, EPA evaluates each of 
these measures and calculated the projected 2008 emission for each 
measure. For details, please refer to EPA's TSD.
    The tier 2 railroad engine standards for newly manufactured and 
remanufactured diesel-powered locomotives and locomotive engines took 
effect in 2000. EPA calculated 2008 emission reductions from railroad 
engine to be 1.37 tpd NOX.
    A Federal measure requires reformulation of AIM coatings, which are 
field-applied coatings used by industry, contractors, and homeowners to 
coat houses, buildings, highway surfaces, and industrial equipment for 
decorative or protective purposes. Maryland's AIM rule was effective on 
March 29, 2004. EPA calculated 2008 emission reductions from Maryland's 
AIM rule to be 6.02 tpd VOC.
    The phase I commercial and consumer products rule requires the 
reformulation of certain consumer products to reduce their VOC content. 
Maryland's consumer products rule was effective on August 18, 2003. EPA 
calculated 2008 emission reductions from Maryland's consumer and

[[Page 962]]

commercial products rule to be 3.70 tpd VOC.
    The phase I portable fuel containers rule introduces performance 
standards for portable fuel containers and spouts, and is intended to 
reduce emissions from storage, transport and refueling activities. 
Maryland's portable fuel container rule was effective on January 21, 
2002. EPA calculated 2008 emission reductions from Maryland's portable 
fuel containers rule to be 8.13 tpd VOC.
    Table 7 summarizes the emission reductions that Maryland claimed in 
the Baltimore 8-hour ozone plan to meet RFP in the Baltimore NAA. For 
certain control measures, the 2008 projected emission reductions 
calculated by EPA differ from the 2008 projected emission reductions 
that MDE is taking credit for in the Baltimore 8-hour ozone plan. The 
total 2008 projected emission reductions calculated by EPA are greater 
than the emission reductions claimed by MDE in the Baltimore 8-hour 
ozone plan. Therefore, the emission reductions claimed in the Baltimore 
8-hour ozone plan are approvable.

 Table 7--Control Measures and 2008 Emission Reductions in the Baltimore
------------------------------------------------------------------------
                  Control measure                   VOC (tpd)  NOX (tpd)
------------------------------------------------------------------------
On-road Mobile Measures...........................      42.45      59.10
Non-road Model....................................      17.89       6.74
Railroads (Tier 2)................................       0.00       1.18
OTC--Consumer Products Phase 1....................       3.70       0.00
OTC--AIM Coatings.................................       6.03       0.00
OTC--Portable Fuel Containers Phase 1.............       6.71       0.00
                                                   ---------------------
    Total.........................................      76.78      67.02
------------------------------------------------------------------------

E. Contingency Measures

    Section 172(c)(9) of the CAA requires a State with a moderate or 
above ozone nonattainment area to include sufficient additional 
contingency measures in its RFP plan in case the area fails to meet 
RFP. The same provision of the CAA also requires that the contingency 
measures must be fully adopted control measures or rules. Upon failure 
to meet an RFP milestone requirement, the State must be able to 
implement the contingency measures without any further rulemaking 
activities. Upon implementation of such measures, additional emission 
reductions of at least 3 percent of the adjusted 2002 baseline 
emissions must be achieved. For more information on contingency 
measures, see the April 16, 1992 General Preamble (57 FR 13512) and the 
November 29, 2005 Phase 2 8-hour ozone implementation rule (70 FR 
71612).
    To meet the requirements for contingency emission reductions, EPA 
allows States to use NOX emission reductions to substitute 
for VOC emission reductions in their contingency plans. However, MDE 
chose to use only VOC reductions to meet the contingency measure 
requirement in the Baltimore NAA. MDE discusses its Baltimore NAA 
contingency measures for failure to meet RFP in Section 10.2 of the 
Baltimore 8-hour ozone plan. MDE calculated the contingency VOC 
reduction for the Baltimore NAA as shown in Table 8, below. The RFP 
contingency requirement may be met by including in the RFP plan a 
demonstration of 18 percent VOC & NOX RFP. The additional 3 
percent reduction above the 15 percent requirement must be attributed 
to specific measures.

    Table 8--Baltimore NAA 2008 RFP Contingency Measure Target Level
                              Calculations
------------------------------------------------------------------------
          Description             Formula          VOC           NOX
------------------------------------------------------------------------
A. 2002 Rate-Of Progress Base  .............        271.48        338.08
 Year Inventory.
B. FMVCP/RVP Reductions        .............          9.10         22.60
 Between 2002 And 2008.
C. 2002 Adjusted Base Year     A-B..........        262.38        315.48
 Inventory Relative To 2008.
D. RFP Reductions Totaling     .............          8             7
 15%.
E. RFP Emissions Reductions    C * D........         20.99         22.08
 Required Between 2002 & 2008.
F. Contingency Percentage....  .............          3.00          0.00
G. Contingency Emission        C * F........          7.87          0.00
 Reduction Requirements.
H. Contingency Measure Target  C-E-G........        233.52        293.40
 Level for 2008.
------------------------------------------------------------------------

    To determine if Maryland met the three percent contingency measure 
requirement for the Baltimore NAA, the total projected controlled 
emissions must be compared to the contingency measure target levels 
calculated above. As shown below in Table 9, the total VOC and 
NOX emission projections meet the 2008 contingency measure 
targets. Therefore, MDE has met the contingency measure requirement for 
the Baltimore NAA.

  Table 9--Evaluation of the Baltimore NAA 2008 RFP Contingency Measure
                               Requirement
------------------------------------------------------------------------
                    Description                     VOC (tpd)  NOX (tpd)
------------------------------------------------------------------------
A. Total 2008 Projected Controlled Emissions......     219.25     277.50
B. Contingency Measure Target Level for 2008......     233.52     293.40
Contingency measure requirement met if A < B......      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Yes.

F. RACM Analysis

    Pursuant to section 172(c)(1) of the CAA, States are required to 
implement all RACM as expeditiously as practicable for each 
nonattainment area. Specifically, section 172(c)(1) states the 
following: ``In general--Such plan provisions shall provide for the 
implementation of all reasonably available control measures as 
expeditiously as practicable (including such reductions in emissions 
from existing sources in the area as may be obtained through the 
adoption, at a minimum, of reasonably available control technology) and 
shall provide for attainment of the national primary ambient air 
quality standards.'' Furthermore, in EPA's Phase 2 Rule, EPA describes 
how States must include a RACM analysis with their attainment 
demonstration (70 FR 71659). The purpose of the RACM analysis is to 
determine whether or not reasonably available control measures exist 
that

[[Page 963]]

would advance the attainment date for nonattainment areas. Control 
measures that would advance the attainment date are considered RACM and 
must be included in the SIP. RACM are necessary to ensure that the 
attainment date is achieved ``as expeditious as practicable.'' RACM is 
defined by the EPA as any potential control measure for application to 
point, area, on-road and non-road emission source categories that meets 
the following criteria:
     The control measure is technologically feasible.
     The control measure is economically feasible.
     The control measure does not cause ``substantial 
widespread and long-term adverse impacts.''
     The control measure is not ``absurd, unenforceable, or 
impracticable.''
     The control measure can advance the attainment date by at 
least one year.
    MDE addresses the RACM requirement in Section 7.0 and Appendix E of 
the Baltimore 8-hour ozone plan. To meet the RACM requirement, Maryland 
must demonstrate that it has adopted all RACM necessary to move the 
Baltimore NAA toward attainment as expeditiously as practicable and to 
meet all RFP requirements. As demonstrated above in Sections C and D of 
this document, Maryland has met the RFP requirements for the Baltimore 
NAA.
    MDE used two independently developed lists of potential control 
measures for its RACM analysis. The first list consists of the RACM 
analysis performed for the Washington, DC NAA's 8-hour ozone plan. The 
second list of measures was developed by the Baltimore Metropolitan 
Council (BMC) with MDE in 2006. These measures are evaluated in 
Appendices E-1 and E-2 of the Baltimore 8-hour ozone plan.
    EPA has reviewed MDE's RACM analysis in the TSD for this action. 
MDE evaluated all source categories that could contribute meaningful 
emission reductions, and evaluated an extensive list of potential 
control measures. MDE considered the time needed to develop and adopt 
regulations and the time it would take to see the benefit from these 
measures. EPA concurs with MDE's conclusion that there are no RACM that 
would have advanced the moderate area attainment date of 2010 for the 
Baltimore NAA. Therefore, MDE's RACM analysis in the Baltimore 8-hour 
ozone plan is approvable.

G. Transportation Conformity Budgets

    Transportation conformity is required by CAA section 176(c). EPA's 
conformity rule requires that transportation plans, programs and 
projects conform to State air quality implementation plans and 
establishes the criteria and procedure for determining whether or not 
they do. Conformity to a 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 standards.
    States must establish VOC and NOx MVEBs for each of the milestone 
years up to the attainment year and submit the mobile budgets to EPA 
for approval. Upon adequacy determination or approval by EPA, States 
must conduct transportation conformity analysis for their 
Transportation Improvement Programs (TIPs) and long range 
transportation plans to ensure highway vehicle emissions will not 
exceed relevant MVEBs.
    MDE discusses transportation conformity in Section 8.0 of the 
Baltimore 8-hour ozone plan. MDE describes the methods it used to 
calculate the 2008 mobile emissions inventory in Appendix F of the 
Baltimore 8-hour ozone plan. The Baltimore NAA MVEB for the 2008 RFP is 
based on the projected 2008 mobile source emissions accounting for all 
mobile control measures. The MVEBs for the 2008 RFP are shown in Table 
10, below.

                 Table 10--Baltimore NAA 2008 RFP MVEBs
------------------------------------------------------------------------
                         VOC (tpd)                            NOX (tpd)
------------------------------------------------------------------------
41.2.......................................................        106.8
------------------------------------------------------------------------

    In a March 27, 2009 Federal Register notice (74 FR 13433), EPA 
notified the public that EPA found that the 2008 RFP MVEBs in the 
Baltimore 8-hour ozone plan are adequate for transportation conformity 
purposes. In addition to the budgets being adequate for transportation 
conformity purposes, EPA found the procedures Maryland used to develop 
the MVEBs to be reasonable. The budgets are identical to the projected 
2008 on-road mobile source emission inventories. Because the 2008 RFP 
MVEBs are adequate for transportation conformity purposes and the 
methods MDE used to develop them are correct, the 2008 RFP budgets are 
approvable.

V. What are EPA's Conclusions?

    EPA's review of the 2002 base year emissions inventory; the 2008 
ozone projected emission inventory; the 2008 RFP plan; RFP contingency 
measures; Maryland's RACM analysis; and 2008 transportation conformity 
budgets contained in MDE's June 4, 2007 SIP revision submittal for the 
Baltimore NAA fully addressed the CAA's requirements. Therefore, EPA is 
proposing approval of those following elements of MDE's June 4, 2007 
Baltimore 8-hour ozone plan. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed 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

[[Page 964]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule pertaining to the Baltimore NAA's 
2002 base year emissions inventory; 2008 ozone projected emission 
inventory; 2008 RFP plan; RFP contingency measures; RACM analysis; and 
2008 transportation conformity budgets 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.

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 23, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-17 Filed 1-6-10; 8:45 am]
BILLING CODE 6560-50-P