Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission Inventory, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Baltimore 1997 8-Hour Moderate Ozone Nonattainment Area, 31709-31711 [2010-13381]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
the Attorney General of the United
States, and the recipient;
(iv) The notice must state: The alleged
violation of the Age Discrimination Act;
the relief requested; the court in which
the complainant is bringing the action;
and, whether or not attorney’s fees are
demanded in the event the complainant
prevails; and
(v) The complainant may not bring an
action if the same alleged violation of
the Age Discrimination Act by the same
recipient is the subject of a pending
action in any court of the United States.
erowe on DSK5CLS3C1PROD with RULES
§ 7.180 Mediation of age discrimination
complaints.
(a) The OCR will refer all accepted
complaints alleging age discrimination
to the Mediation Agency designated by
the Secretary of the Department of
Health and Human Services.
(b) Both the complainant and the
recipient must participate in the
mediation process to the extent
necessary to reach an agreement or
make an informed judgment that an
agreement is not possible. The recipient
and the complainant must meet with the
mediator at least once before the OCR
will accept a judgment that an
agreement is not possible. The recipient
and the complainant, however, need not
meet with the mediator at the same
time.
(c) If the complainant and the
recipient reach an agreement, the
mediator must prepare a written
statement of the agreement and have the
complainant and recipient sign it. The
mediator will send a copy of the
agreement to the OCR, which will take
no further action on the complaint
unless the complainant or the recipient
fails to comply with the agreement.
(d) The mediator must protect the
confidentiality of all information
obtained in the course of the mediation
process. No mediator may testify in any
adjudicative proceeding, produce any
document, or otherwise disclose any
information obtained in the course of
the mediation process without prior
approval of the head of the agency
appointing the mediator.
(e) Mediation ends after sixty (60)
days from the time EPA received the
complaint or if:
(1) An agreement is reached; or
(2) The Mediator determines that an
agreement cannot be reached.
(f) The mediator must return
unresolved complaints to OCR to be
processed in accordance with the
procedure in § 7.120.
[FR Doc. 2010–13470 Filed 6–3–10; 8:45 am]
BILLING CODE 6650–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0957; FRL–9158–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Reasonable Further
Progress Plan, 2002 Base Year
Emission Inventory, Contingency
Measures, Reasonably Available
Control Measures, and Transportation
Conformity Budgets for the Baltimore
1997 8-Hour Moderate Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Maryland State Implementation Plan
(SIP) to meet the 2002 base year
emissions inventory, the reasonable
further progress (RFP) plan, RFP
contingency measure, and reasonably
available control measure (RACM)
requirements of the Clean Air Act (CAA)
for the Baltimore moderate 1997 8-hour
ozone nonattainment area. EPA is also
approving the transportation conformity
motor vehicle emissions budgets
(MVEBs) associated with this revision.
EPA is approving the SIP revision
because it satisfies the emission
inventory, RFP, RACM, RFP
contingency measures, and
transportation conformity requirements
for areas classified as moderate
nonattainment for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) and demonstrates
further progress in reducing ozone
precursors. EPA is approving the SIP
revision pursuant to the CAA and EPA’s
regulations.
DATES: Effective Date: This final rule is
effective on July 6, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0957. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
31709
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:
I. Background
On January 7, 2010 (75 FR 958), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of Maryland’s 2002 base year emissions
inventory, RFP plan, RFP contingency
measures, RACM, and MVEBs for the
Baltimore moderate 1997 8-hour ozone
nonattainment area. EPA is approving
the SIP revision because it satisfies the
emission inventory, RFP, RACM, RFP
contingency measure, and
transportation conformity requirements
of the section 110 and part D of the CAA
and EPA’s regulations. The formal SIP
revision was submitted by the State of
Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision addresses emissions
inventory, RACM, RFP and contingency
measures requirements for the 1997
8-hour ozone NAAQS for the Baltimore
8-hour ozone moderate nonattainment
area. The SIP revision also establishes
MVEBs for 2008. Other specific
requirements of Maryland’s June 4, 2007
SIP revision for the Baltimore 8-hour
ozone nonattainment area and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving the 2002 base year
emissions inventory; the 2008 ozone
projected emission inventory; the 2008
RFP plan; RFP contingency measures;
RACM analysis; and 2008 transportation
conformity budgets for the Baltimore
8-hour ozone nonattainment area,
contained in Maryland’s June 4, 2007
SIP revision submittal for the Baltimore
8-hour ozone nonattainment area. The
SIP revision satisfies the requirements
for 1997 8-hour ozone NAAQS
nonattainment areas classified as
moderate and demonstrates further
progress in reducing ozone precursors.
E:\FR\FM\04JNR1.SGM
04JNR1
31710
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 3, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
erowe on DSK5CLS3C1PROD with RULES
Name of non-regulatory SIP
revision
Applicable geographic area
*
*
Reasonable Further Progress Plan
(RFP), Reasonably Available
Control Measures, and Contingency Measures.
2002 Base Year Inventory for
VOC, NOX, and CO.
2008 RFP Transportation Conformity Budgets.
*
*
Baltimore 1997 8-hour ozone
moderate nonattainment area.
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Baltimore 1997 8-hour
moderate nonattainment
Baltimore 1997 8-hour
moderate nonattainment
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State submittal
date
6/4/07
ozone
area.
ozone
area.
Fmt 4700
6/4/07
6/4/07
Sfmt 4700
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action
pertaining to the Baltimore moderate
1997 8-hour ozone nonattainment area’s
2002 base year emissions inventory;
2008 ozone projected emission
inventory; 2008 RFP plan; RFP
contingency measures; RACM analysis;
and 2008 transportation conformity
budgets may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 21, 2010.
William C. Early,
Acting Regional Administrator, EPA Region
III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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 § 52.1070, the table in paragraph
(e) is amended by adding at the end of
the table, the entries for Reasonable
Further Progress Plan (RFP), Reasonably
Available Control Measures and
Contingency Measures; 2002 Base Year
Inventory for VOC, NOX and CO; and
2008 RFP Transportation Conformity
Budgets. The amendments read as
follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
*
*
EPA approval date
*
*
6/4/10 [Insert page number where
the document begins]
6/4/10 [Insert page number where
the document begins]
6/4/10 [Insert page number where
the document begins]
E:\FR\FM\04JNR1.SGM
04JNR1
Additional
explanation
*
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations
3. Section 52.1075 is amended by
revising the section heading and by
adding paragraph (i) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(i) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventories for
the Baltimore 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Maryland
Department of the Environment on June
4, 2007. This submittal consists of the
2002 base year point, area, non-road
mobile, and on-road mobile source
inventories in area for the following
pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.1076 is amended by
adding paragraphs (q) and (r) to read as
follow:
§ 52.1076 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(q) EPA approves revisions to the
Maryland State Implementation Plan
consisting of the 2008 reasonable further
31711
progress (RFP) plan, reasonably
available control measures, and
contingency measures for the Baltimore
1997 8-hour ozone moderate
nonattainment area submitted by the
Secretary of the Maryland Department
of the Environment on June 4, 2007.
(r) EPA approves the following 2008
RFP motor vehicle emissions budgets
(MVEBs) for the Baltimore 1997 8-hour
ozone moderate nonattainment area
submitted by the Secretary of the
Maryland Department of the
Environment on June 4, 2007:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
Type of control strategy SIP
Year
VOC
(TPD)
NOX (TPD)
Effective date of adequacy determination
or SIP approval
Rate of Progress Plan ..........................................
2008
41.2
106.8
April 13, 2009, (74 FR 13433), published March
27, 2009.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0039; FRL–9158–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Control of Nitrogen Oxide
Emissions From Industrial Boilers and
Process Heaters at Petroleum
Refineries
erowe on DSK5CLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. This
SIP revision consists of adding specific
emission control requirements for
controlling nitrogen oxide (NOx)
emissions from industrial boilers. This
action is being taken under the Clean
Air Act (CAA).
DATES: Effective Date: This final rule is
effective on July 6, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0039. 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
VerDate Mar<15>2010
14:03 Jun 03, 2010
Jkt 220001
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 Delaware Department of
Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
any industrial boiler or process heater
with a maximum heat input capacity of
equal to or greater than 200 mmBTU/hr,
which is operated or permitted to
operate within a petroleum refinery
facility (except for any Fluid Catalytic
Cracking Unit carbon monoxide (CO)
boiler). Regulation 1142 establishes NOx
emission limitations for any industrial
boiler or process heater with a
maximum heat input capacity of equal
to or greater than 200 mmBTU/hr,
which is operated or permitted to
operate within a petroleum refinery
facility. The regulation also requires
compliance with monitoring,
recordkeeping, and reporting
requirements.
I. Background
[FR Doc. 2010–13381 Filed 6–3–10; 8:45 am]
III. Final Action
EPA is approving the Delaware SIP
revision that adds a new section,
Section 2—Control of Nitrogen Oxide
Emissions from Industrial Boilers and
Process Heaters at Petroleum Refineries
to Delaware’s Regulation 1142—Specific
Emission Control Requirements for
controlling NOx emissions from
industrial boilers.
On March 15, 2010 (75 FR 12168),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of the Delaware SIP revision that adds
a new section (Section 2.0) to
Regulation 1142—Control of Nitrogen
Oxide Emissions from Industrial Boilers
and Process Heaters at Petroleum
Refineries in order to require new and/
or additional controls on industrial
boilers and process heaters with heat
input capacities of equal to or greater
than 200 million British thermal units
per hour (mmBTU/hr). EPA received no
comments on the NPR to approve
Delaware’s SIP revision. The formal SIP
revision was submitted by the State of
Delaware on November 17, 2009.
II. Summary of SIP Revision
Regulation 1142 (formerly SIP
Regulation No. 42) establishes
applicability and compliance dates to
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
IV. Statutory and Executive Order
Reviews
A. General Requirements
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 approves state law as meeting
Federal requirements and does not
E:\FR\FM\04JNR1.SGM
04JNR1
]]>Agencies
[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31709-31711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13381]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0957; FRL-9158-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission
Inventory, Contingency Measures, Reasonably Available Control Measures,
and Transportation Conformity Budgets for the Baltimore 1997 8-Hour
Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Maryland State
Implementation Plan (SIP) to meet the 2002 base year emissions
inventory, the reasonable further progress (RFP) plan, RFP contingency
measure, and reasonably available control measure (RACM) requirements
of the Clean Air Act (CAA) for the Baltimore moderate 1997 8-hour ozone
nonattainment area. EPA is also approving the transportation conformity
motor vehicle emissions budgets (MVEBs) associated with this revision.
EPA is approving the SIP revision because it satisfies the emission
inventory, RFP, RACM, RFP contingency measures, and transportation
conformity requirements for areas classified as moderate nonattainment
for the 1997 8-hour ozone national ambient air quality standard (NAAQS)
and demonstrates further progress in reducing ozone precursors. EPA is
approving the SIP revision pursuant to the CAA and EPA's regulations.
DATES: Effective Date: This final rule is effective on July 6, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0957. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 7, 2010 (75 FR 958), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. The NPR proposed approval
of Maryland's 2002 base year emissions inventory, RFP plan, RFP
contingency measures, RACM, and MVEBs for the Baltimore moderate 1997
8-hour ozone nonattainment area. EPA is approving the SIP revision
because it satisfies the emission inventory, RFP, RACM, RFP contingency
measure, and transportation conformity requirements of the section 110
and part D of the CAA and EPA's regulations. The formal SIP revision
was submitted by the State of Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision addresses emissions inventory, RACM, RFP and
contingency measures requirements for the 1997 8-hour ozone NAAQS for
the Baltimore 8-hour ozone moderate nonattainment area. The SIP
revision also establishes MVEBs for 2008. Other specific requirements
of Maryland's June 4, 2007 SIP revision for the Baltimore 8-hour ozone
nonattainment area and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here. No public comments
were received on the NPR.
III. Final Action
EPA is approving the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; RACM analysis; and 2008 transportation conformity budgets for
the Baltimore 8-hour ozone nonattainment area, contained in Maryland's
June 4, 2007 SIP revision submittal for the Baltimore 8-hour ozone
nonattainment area. The SIP revision satisfies the requirements for
1997 8-hour ozone NAAQS nonattainment areas classified as moderate and
demonstrates further progress in reducing ozone precursors.
[[Page 31710]]
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 3, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action pertaining to the Baltimore
moderate 1997 8-hour ozone nonattainment area's 2002 base year
emissions inventory; 2008 ozone projected emission inventory; 2008 RFP
plan; RFP contingency measures; RACM analysis; and 2008 transportation
conformity budgets may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 21, 2010.
William C. Early,
Acting Regional Administrator, EPA Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding at
the end of the table, the entries for Reasonable Further Progress Plan
(RFP), Reasonably Available Control Measures and Contingency Measures;
2002 Base Year Inventory for VOC, NOX and CO; and 2008 RFP
Transportation Conformity Budgets. The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonable Further Progress Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
Plan (RFP), Reasonably hour ozone number where the
Available Control Measures, moderate document begins]
and Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
VOC, NOX, and CO. hour ozone number where the
moderate document begins]
nonattainment
area.
2008 RFP Transportation Baltimore 1997 8- 6/4/07 6/4/10 [Insert page
Conformity Budgets. hour ozone number where the
moderate document begins]
nonattainment
area.
----------------------------------------------------------------------------------------------------------------
[[Page 31711]]
0
3. Section 52.1075 is amended by revising the section heading and by
adding paragraph (i) to read as follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(i) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of
the Maryland Department of the Environment on June 4, 2007. This
submittal consists of the 2002 base year point, area, non-road mobile,
and on-road mobile source inventories in area for the following
pollutants: Volatile organic compounds (VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
0
4. Section 52.1076 is amended by adding paragraphs (q) and (r) to read
as follow:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(q) EPA approves revisions to the Maryland State Implementation
Plan consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by
the Secretary of the Maryland Department of the Environment on June 4,
2007.
(r) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland
Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan................. 2008 41.2 106.8 April 13, 2009, (74 FR 13433),
published March 27, 2009.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2010-13381 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P
