Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission Inventory, Contingency Measures, Reasonably Available Control Measures, and Transportation Conformity Budgets for the Philadelphia 1997 8-Hour Moderate Ozone Nonattainment Area, 33172-33174 [2010-13687]
Download as PDF
33172
Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations
■
2. Add § 165.T11–320 to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T11–320 Safety Zone; City of
Martinez 4th of July Fireworks, Martinez,
CA.
40 CFR Part 52
(a) Location. This temporary safety
zone is established for the waters of
Martinez, CA. The fireworks launch site
will be located in position 38°01′31.77″
N., 122°08′23.75″ W. (NAD 83). The
temporary safety zone applies to the
navigable waters around the fireworks
site within a radius of 500 feet.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP or the COTP’s
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–16 or through the 24-hour
Command Center at telephone (415)
399–3547.
(d) Effective period. This section is
effective from 9 p.m. through 10:15 p.m.
on July 4, 2010.
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Reasonable Further
Progress Plan, 2002 Base Year
Emission Inventory, Contingency
Measures, Reasonably Available
Control Measures, and Transportation
Conformity Budgets for the
Philadelphia 1997 8-Hour Moderate
Ozone Nonattainment Area
Dated: May 28, 2010.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
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[FR Doc. 2010–14034 Filed 6–10–10; 8:45 am]
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[EPA–R03–OAR–2009–0956; FRL–9160–3]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Maryland State Implementation Plan
(SIP) to meet the reasonable further
progress (RFP) plan, the 2002 base year
emissions inventory, RFP contingency
measure, and reasonably available
control measure (RACM) requirements
of the Clean Air Act (CAA) for the
Maryland portion of the Philadelphia
moderate 1997 8-hour ozone
nonattainment area. EPA is also
approving the transportation conformity
motor vehicle emissions budgets
(MVEBs) associated with this revision.
EPA is approving the SIP revision
because it satisfies the emission
inventory, RFP, RACM, RFP
contingency measures, and
transportation conformity requirements
for areas classified as moderate
nonattainment for the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) and demonstrates
further progress in reducing ozone
precursors. EPA is approving the SIP
revision pursuant to the CAA and EPA’s
regulations.
DATES: Effective Date: This final rule is
effective on July 12, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0956. All
documents in the docket are listed in
the https://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
https://www.regulations.gov or in hard
copy for public inspection during
PO 00000
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Fmt 4700
Sfmt 4700
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 email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 7, 2010 (75 FR 953), EPA
published a notice of proposed
rulemaking (NPR) for a SIP revision
submitted by the State of Maryland. The
NPR proposed approval of Maryland’s
2002 base year emissions inventory,
RFP plan, RFP contingency measures,
RACM, and MVEBs for the Maryland
portion of the Philadelphia moderate
1997 8-hour ozone nonattainment area.
EPA is approving the SIP revision
because it satisfies the emission
inventory, RFP, RACM, RFP
contingency measure, and
transportation conformity requirements
of the section 110 and part D of the CAA
and EPA’s regulations. The formal SIP
revision was submitted by the State of
Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision addresses emissions
inventory, RACM, RFP and contingency
measures requirements for the 1997 8hour ozone NAAQS for the Maryland
portion of the Philadelphia 8-hour
ozone moderate nonattainment area.
The SIP revision also establishes MVEBs
for 2008. Other specific requirements of
Maryland’s June 4, 2007 SIP revision for
the Philadelphia 8-hour ozone
nonattainment area and the rationale for
EPA’s proposed action are explained in
the NPR and will not be restated here.
The following public comment was
received on the NPR.
Comment: An anonymous commenter
submitted the comment: ‘‘We do not
need tighter regulations on ozone.
Ragweed is more of problem than
smog.’’
Response: The comment, while
vaguely expressing a general uncertainty
about the rule, does not identify any
particular defects in the rule substance
or adoption. Importantly, the comment
does not oppose EPA’s proposed full
approval of the rule. Moreover, while
the commenter expresses a general
dislike for regulations addressing ozone
pollution, the commenter does not
question the legal obligation for the
states to adopt and submit SIP revisions
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations
addressing these specific obligations for
the 1997 8-hour ozone NAAQS. See
generally CAA section 182(b) and 40
CFR part 51 subpart X. EPA, therefore,
believes that the commenter has not
provided a basis for EPA to not move
forward and approve the submitted SIP.
III. Final Action
EPA is approving the 2002 base year
emissions inventory; the 2008 ozone
projected emission inventory; the 2008
RFP plan; RFP contingency measures;
RACM analysis; and 2008 transportation
conformity budgets for the Maryland
portion of the Philadelphia 8-hour
ozone nonattainment area, contained in
Maryland’s June 4, 2007 SIP revision
submittal for the Maryland portion of
the Philadelphia 8-hour ozone
nonattainment area. The SIP revision
satisfies these requirements for 1997 8hour ozone NAAQS nonattainment
areas classified as moderate and
demonstrates further progress in
reducing ozone precursors.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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
VerDate Mar<15>2010
14:29 Jun 10, 2010
Jkt 220001
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
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Fmt 4700
Sfmt 4700
33173
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by August 10, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action
pertaining to the Maryland portion of
the Philadelphia moderate 1997 8-hour
ozone nonattainment area’s 2002 base
year emissions inventory, 2008 ozone
projected emission inventory, 2008 RFP
plan, RFP contingency measures, RACM
analysis, and 2008 transportation
conformity budgets may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: May 27, 2010.
William C. Early,
Acting Regional Administrator, EPA Region
III.
■
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 for the Maryland portion of the
Philadelphia 1997 8-hour Ozone
Moderate Nonattainment Area.
The amendments read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\11JNR1.SGM
11JNR1
*
*
33174
Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations
Name of non-regulatory SIP
revision
Applicable geographic area
State submittal
date
EPA approval date
*
*
Reasonable Further Progress Plan
(RFP), Reasonably Available
Control Measures, and Contingency Measures.
2002 Base Year Inventory for
VOC, NOX, and CO.
*
*
Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.
6/4/07
*
*
6/11/10 [Insert page number
where the document begins].
6/4/07
6/11/10 [Insert page number
where the document begins].
6/4/07
6/11/10 [Insert page number
where the document begins].
2008 RFP Transportation Conformity Budgets.
Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.
Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.
3. Section 52.1075 is amended by
adding paragraph (j) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(j) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventories for
the Maryland portion of the
Philadelphia 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Maryland
Department of the Environment on June
4, 2007. This submittal consists of the
2002 base year point, area, non-road
mobile, and on-road mobile source
inventories in area for the following
pollutants: volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.1076 is amended by
adding paragraphs (s) and (t) to read as
follows:
§ 52.1076 Control strategy plans for
attainment and rate-of-progress: Ozone.
*
*
*
*
*
(s) EPA approves revisions to the
Maryland State Implementation Plan
consisting of the 2008 reasonable further
progress (RFP) plan, reasonably
available control measures, and
Additional
explanation
*
contingency measures for the Maryland
portion of the Philadelphia 1997 8-hour
ozone moderate nonattainment area
submitted by the Secretary of the
Maryland Department of the
Environment on June 4, 2007.
(t) EPA approves the following 2008
RFP motor vehicle emissions budgets
(MVEBs) for the Maryland portion of the
Philadelphia 1997 8-hour ozone
moderate nonattainment area submitted
by the Secretary of the Maryland
Department of the Environment on June
4, 2007:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA
Type of control strategy SIP
Year
VOC
(TPD)
NOX
TPD)
Rate of Progress Plan ....................
2008
2.3
7.9
[FR Doc. 2010–13687 Filed 6–10–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0993; FRL–9160–2]
Approval and Promulgation of
Implementation Plans; New Mexico;
Interstate Transport of Pollution
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving a portion of
a State Implementation Plan (SIP)
submitted by the State of New Mexico
for the purpose of addressing the ‘‘good
neighbor’’ provisions of the Clean Air
Act (CAA) section 110(a)(2)(D)(i) for the
1997 ozone National Ambient Air
Quality Standard (NAAQS) and the
1997 PM2.5 NAAQS. This SIP revision
satisfies a portion of the State of New
Mexico’s obligation to submit a SIP that
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Effective date of adequacy determination or SIP approval
April 13, 2009, (74 FR 13433), published March 27, 2009.
demonstrates that adequate provisions
are in place to prohibit air emissions
from adversely affecting another state’s
air quality through interstate transport.
This rulemaking action is being taken
under section 110 of the CAA and
addresses one element of CAA section
110(a)(2)(D)(i), which pertains to
prohibiting air pollutant emissions from
within New Mexico from contributing
significantly to nonattainment of the
1997 8-hour ozone and PM2.5 NAAQS in
any other state.
DATES: This final rule will be effective
July 12, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2007–0993. All documents in the docket
are listed at www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
FOR FURTHER INFORMATION CONTACT:
Emad Shahin, Air Planning Section
(6PD–L), Environmental Protection
E:\FR\FM\11JNR1.SGM
11JNR1
Agencies
[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Rules and Regulations]
[Pages 33172-33174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13687]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0956; FRL-9160-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission
Inventory, Contingency Measures, Reasonably Available Control Measures,
and Transportation Conformity Budgets for the Philadelphia 1997 8-Hour
Moderate Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a revision to the Maryland State
Implementation Plan (SIP) to meet the reasonable further progress (RFP)
plan, the 2002 base year emissions inventory, RFP contingency measure,
and reasonably available control measure (RACM) requirements of the
Clean Air Act (CAA) for the Maryland portion of the Philadelphia
moderate 1997 8-hour ozone nonattainment area. EPA is also approving
the transportation conformity motor vehicle emissions budgets (MVEBs)
associated with this revision. EPA is approving the SIP revision
because it satisfies the emission inventory, RFP, RACM, RFP contingency
measures, and transportation conformity requirements for areas
classified as moderate nonattainment for the 1997 8-hour ozone national
ambient air quality standard (NAAQS) and demonstrates further progress
in reducing ozone precursors. EPA is approving the SIP revision
pursuant to the CAA and EPA's regulations.
DATES: Effective Date: This final rule is effective on July 12, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0956. All documents in the docket are listed in
the https://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 https://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 953), EPA published a notice of proposed
rulemaking (NPR) for a SIP revision submitted by the State of Maryland.
The NPR proposed approval of Maryland's 2002 base year emissions
inventory, RFP plan, RFP contingency measures, RACM, and MVEBs for the
Maryland portion of the Philadelphia moderate 1997 8-hour ozone
nonattainment area. EPA is approving the SIP revision because it
satisfies the emission inventory, RFP, RACM, RFP contingency measure,
and transportation conformity requirements of the section 110 and part
D of the CAA and EPA's regulations. The formal SIP revision was
submitted by the State of Maryland on June 4, 2007.
II. Summary of SIP Revision
The SIP revision addresses emissions inventory, RACM, RFP and
contingency measures requirements for the 1997 8-hour ozone NAAQS for
the Maryland portion of the Philadelphia 8-hour ozone moderate
nonattainment area. The SIP revision also establishes MVEBs for 2008.
Other specific requirements of Maryland's June 4, 2007 SIP revision for
the Philadelphia 8-hour ozone nonattainment area and the rationale for
EPA's proposed action are explained in the NPR and will not be restated
here.
The following public comment was received on the NPR.
Comment: An anonymous commenter submitted the comment: ``We do not
need tighter regulations on ozone. Ragweed is more of problem than
smog.''
Response: The comment, while vaguely expressing a general
uncertainty about the rule, does not identify any particular defects in
the rule substance or adoption. Importantly, the comment does not
oppose EPA's proposed full approval of the rule. Moreover, while the
commenter expresses a general dislike for regulations addressing ozone
pollution, the commenter does not question the legal obligation for the
states to adopt and submit SIP revisions
[[Page 33173]]
addressing these specific obligations for the 1997 8-hour ozone NAAQS.
See generally CAA section 182(b) and 40 CFR part 51 subpart X. EPA,
therefore, believes that the commenter has not provided a basis for EPA
to not move forward and approve the submitted SIP.
III. Final Action
EPA is approving the 2002 base year emissions inventory; the 2008
ozone projected emission inventory; the 2008 RFP plan; RFP contingency
measures; RACM analysis; and 2008 transportation conformity budgets for
the Maryland portion of the Philadelphia 8-hour ozone nonattainment
area, contained in Maryland's June 4, 2007 SIP revision submittal for
the Maryland portion of the Philadelphia 8-hour ozone nonattainment
area. The SIP revision satisfies these requirements for 1997 8-hour
ozone NAAQS nonattainment areas classified as moderate and demonstrates
further progress in reducing ozone precursors.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 10, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action pertaining to the Maryland portion
of the Philadelphia moderate 1997 8-hour ozone nonattainment area's
2002 base year emissions inventory, 2008 ozone projected emission
inventory, 2008 RFP plan, RFP contingency measures, RACM analysis, and
2008 transportation conformity budgets may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: May 27, 2010.
William C. Early,
Acting Regional Administrator, EPA Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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2. In Sec. 52.1070, the table in paragraph (e) is amended by adding at
the end of the table, the entries for Reasonable Further Progress Plan
(RFP), Reasonably Available Control Measures and Contingency Measures;
2002 Base Year Inventory for VOC, NOX and CO; and 2008 RFP
Transportation Conformity Budgets for the Maryland portion of the
Philadelphia 1997 8-hour Ozone Moderate Nonattainment Area.
The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
[[Page 33174]]
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Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonable Further Progress Maryland portion 6/4/07 6/11/10 [Insert ......................
Plan (RFP), Reasonably of the page number where
Available Control Measures, Philadelphia 1997 the document
and Contingency Measures. 8-hour ozone begins].
moderate
nonattainment
area.
2002 Base Year Inventory for Maryland portion 6/4/07 6/11/10 [Insert ......................
VOC, NOX, and CO. of the page number where
Philadelphia 1997 the document
8-hour ozone begins].
moderate
nonattainment
area.
2008 RFP Transportation Maryland portion 6/4/07 6/11/10 [Insert ......................
Conformity Budgets. of the page number where
Philadelphia 1997 the document
8-hour ozone begins].
moderate
nonattainment
area.
----------------------------------------------------------------------------------------------------------------
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3. Section 52.1075 is amended by adding paragraph (j) to read as
follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(j) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Maryland portion
of the Philadelphia 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Maryland Department of the
Environment on June 4, 2007. This submittal consists of the 2002 base
year point, area, non-road mobile, and on-road mobile source
inventories in area for the following pollutants: volatile organic
compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
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4. Section 52.1076 is amended by adding paragraphs (s) and (t) to read
as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(s) EPA approves revisions to the Maryland State Implementation
Plan consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Maryland portion of the Philadelphia 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland
Department of the Environment on June 4, 2007.
(t) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of
the Maryland Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area
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Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) determination or SIP approval
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Rate of Progress Plan.................... 2008 2.3 7.9 April 13, 2009, (74 FR 13433),
published March 27, 2009.
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[FR Doc. 2010-13687 Filed 6-10-10; 8:45 am]
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