Determination of Nonattainment and Reclassification of the Baltimore 1997 8-Hour Ozone Nonattainment Area; MD, 54412-54415 [2011-22449]
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R03–OAR–2011–0681; FRL–9458–9]
Determination of Nonattainment and
Reclassification of the Baltimore 1997
8-Hour Ozone Nonattainment Area; MD
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the Baltimore moderate
8-hour ozone nonattainment area (the
Baltimore Area) did not attain the 1997
8-hour ozone national ambient air
quality standard (NAAQS) by its June
15, 2011, attainment date. The
attainment date for moderate ozone
nonattainment areas was June 15, 2010.
However, the Baltimore Area qualified
for a 1-year extension of its attainment
date. Therefore, EPA extended the area’s
attainment date to June 15, 2011. This
proposal is based on EPA’s review of
complete, quality assured, and certified
ambient air quality monitoring data for
the 2008–2010 monitoring period that
are available in the EPA Air Quality
System (AQS) database. If EPA finalizes
this determination, the Baltimore Area
will be reclassified by operation of law
as a serious 8-hour ozone nonattainment
area for the 1997 8-hour ozone standard.
The serious area attainment date for the
Baltimore Area would be as
expeditiously as practicable, but not
later than June 15, 2013. Once
reclassified, the State of Maryland must
submit State Implementation Plan (SIP)
revisions for the Baltimore Area to meet
the Clean Air Act (CAA) requirements
for serious ozone nonattainment areas.
In this action, EPA is also proposing
that the State of Maryland submit the
necessary SIP revisions to EPA by no
later than September 30, 2012. This
action is being taken under the CAA.
DATES: Written comments must be
received on or before October 3, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0681 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–2011–0681,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
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SUMMARY:
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0681. 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.
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FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: The
following outline is provided to aid in
locating information in this action.
I. What action is EPA proposing?
II. What is the background for this action?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. What action is EPA proposing?
EPA is proposing to determine that
the Baltimore Area did not attain the
1997 8-hour ozone NAAQS by its June
15, 2011 attainment date. This proposal
is based on EPA’s review of complete,
quality assured, and certified ambient
air quality monitoring data for the 2008–
2010 monitoring period that are
available in AQS. If EPA finalizes this
determination, the Baltimore Area will
be reclassified by operation of law as a
serious 8-hour ozone nonattainment
area for the 1997 8-hour ozone standard.
The serious area attainment date for the
Baltimore Area would be as
expeditiously as practicable, but not
later than June 15, 2013. (See 40 CFR
51.903.) Once reclassified, the State of
Maryland must submit SIP revisions for
the Baltimore Area that meet the 1997
8-hour ozone nonattainment
requirements for serious areas as
required by the CAA. In this action, EPA
is also proposing that the State of
Maryland submit SIP revisions to EPA
by no later than September 30, 2012 for
any measures required under the CAA
for serious ozone nonattainment areas
which have not already been approved
into Maryland’s SIP for the Baltimore
Area.
II. What is the background for this
action?
A. The 1997 8-Hour Ozone NAAQS
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 March 27, 2008 (73 FR 16436),
EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On
January 6, 2010, EPA again addressed
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this 2008 revised standard and proposed
to set the primary 8-hour ozone
standard within the range of 0.060 to
0.070 ppm, rather than at 0.075 ppm.
EPA is working to complete
reconsideration of the standard and
thereafter will proceed with attainment/
nonattainment area designations. This
proposed rulemaking relates only to a
determination of nonattainment for the
1997 8-hour ozone standard and is not
affected by the ongoing process of
reconsidering the revised 2008 standard.
This action addresses only the 1997
8-hour ozone standard of 0.08 ppm, and
does not address any subsequently
revised 8-hour ozone standard.
B. The Baltimore Area
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 nonattainment area. This area
includes Baltimore City and Anne
Arundel, Baltimore, Carroll, Harford,
and Howard Counties, all in Maryland.
On March 11, 2011, EPA approved a
1-year extension of the Baltimore Area’s
attainment date, from June 15, 2010 to
June 15, 2011. The extension was based
on the complete, certified ambient air
quality data for the 2009 ozone season.
(See 76 FR 13289.)
On June 4, 2010, EPA approved a
Maryland SIP revision to meet the 2002
base year emissions inventory
requirement and certain moderate area
requirements, including reasonable
further progress (RFP), RFP contingency
measures, and reasonably available
control measure (RACM) for the
Baltimore Area. EPA also approved the
transportation conformity motor vehicle
emissions budgets (MVEBs) associated
with the revision. (See 75 FR 31709.)
C. Requirement To Determine
Attainment by the Attainment Date
Under CAA sections 179(c) and
181(b)(2), EPA is required to make a
determination that a nonattainment area
has attained by its attainment date, and
publish that determination in the
Federal Register. Under CAA section
181(b)(2), which is specific to ozone
nonattainment areas, if EPA determines
that an area failed to attain the ozone
NAAQS by its attainment date, EPA is
required to reclassify that area to a
higher classification.
D. EPA’s Analysis of the Relevant Air
Quality Data
Consistent with the requirements
contained in 40 CFR part 50, EPA has
reviewed the ozone ambient air
monitoring data for the monitoring
period from 2008 through 2010 for the
Baltimore Area, as recorded in AQS.
The data that EPA relied on for this
54413
proposed action is included in the
docket for this rulemaking, which can
be viewed at https://
www.regulations.gov.
Under EPA regulations at 40 CFR part
50, the 1997 8-hour ozone standard is
attained at a site when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ozone
concentrations at an ozone monitor is
less than or equal to 0.08 ppm (i.e.,
0.084 ppm, based on the rounding
convention in 40 CFR part 50, appendix
I). This 3-year average is referred to as
the design value. When the design value
is less than or equal to 0.084 ppm at
each monitoring site within the area,
then the area is meeting the NAAQS.
Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than 90%,
and no single year has less than 75%
data completeness as determined in
appendix I of 40 CFR part 50.
Table 1 shows the ozone design
values for each monitor in the Baltimore
Area for the years 2008–2010. In order
to attain the NAAQS, all 2008–2010
design values must be below 0.084 ppm,
and all monitors must meet the data
completeness requirements. However,
monitor number 240251001 in Harford
County has a design value of 0.089 ppm.
Therefore, the Baltimore Area has not
attained the 1997 8-hour ozone NAAQS,
considering 2008–2010 data.
TABLE 1—2008–2010 BALTIMORE AREA 1997 8-HOUR OZONE DESIGN VALUES
County
Monitor ID
Anne Arundel ...................................................................................................................
Baltimore ..........................................................................................................................
Carroll ..............................................................................................................................
Harford .............................................................................................................................
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Baltimore (City) ................................................................................................................
EPA’s regulations at 40 CFR 51.907
set forth how a nonattainment area for
the 1997 8-hour ozone NAAQS can
qualify for an extension of its attainment
date. Under 40 CFR 51.907, an area will
qualify for a 1-year extensions of the
attainment date if:
(a) For the first one-year extension,
the area’s 4th highest daily 8-hour
average in the attainment year is 0.084
ppm or less,
(b) For the second one-year extension,
the area’s 4th highest daily 8-hour
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value, averaged over both the original
attainment year and the first extension
year, is 0.084 ppm or less.
(c) For purposes of paragraphs (a) and
(b) of this section, the area’s 4th highest
daily 8-hour average shall be from the
monitor with the highest 4th highest
daily 8-hour average of all the monitors
that represent that area.
For the Baltimore Area, the original
attainment year was 2009 and the first
extension year was 2010. Table 2,
below, show the 2009 and 2010 highest
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2008–2010
Average % data
completeness
96
100
94
98
94
99
93
2008–2010
Design value
(ppm)
0.079
0.077
0.078
0.076
0.089
0.078
0.067
4th highest daily 8-hour values for the
Baltimore Area, and the 4th highest
daily 8-hour values averaged over 2009
and 2010. The 4th highest daily 8-hour
values averaged over 2009 and 2010 for
monitor number 240251001 in Harford
County is greater than 0.084 ppm (0.090
ppm). Therefore, the Baltimore Area
does not qualify for a second extension
of its attainment date.
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules
TABLE 2—BALTIMORE AREA 2009–2010 AVERAGE 4TH HIGHEST DAILY 8-HOUR OZONE VALUES
County
2009 4th highest
daily value
Monitor ID
Anne Arundel ...................................................................................
Baltimore ..........................................................................................
Carroll ..............................................................................................
Harford .............................................................................................
Baltimore (City) ................................................................................
E. Determination of Nonattainment/
Ambient Air Quality Monitoring Data
Complete, quality assured, certified
8-hour ozone air quality monitoring data
from 2008 through 2010 show that the
Baltimore Area did not attain the 1997
8-hour ozone NAAQS by its June 15,
2011 attainment date. In addition, as
stated above, the area does not qualify
for a second 1-year extension of its
attainment date.
F. Serious Nonattainment Area SIP
Requirements
The SIP requirements for a serious
nonattainment area are set out in section
182(c) of the CAA. The requirements for
serious ozone nonattainment areas
include, but are not limited to: (1)
Attainment and reasonable further
progress demonstrations (CAA section
182(c)(2), 40 CFR 51.908 and 40 CFR
51.910); (2) an enhanced monitoring
program (CAA section 182(c)(1) and 40
CFR 58.10); (3) an enhanced vehicle
inspection and maintenance (I/M)
program (CAA section 182(c)(3) and 40
CFR 51.350); (4) clean fuel vehicle
programs (CAA section 182(c)(4)); (5)
2010 4th highest
daily value
0.070
0.068
0.071
0.068
0.083
0.069
0.066
2009–2010
Average
4th highest
daily value
0.087
0.078
0.084
0.083
0.096
0.080
0.074
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240130001
240251001
240259001
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transportation control (CAA section
182(c)(5)); (6) a 50 ton-per-year (tpy)
major source threshold (CAA section
182(c) and 40 CFR 51.165); (7) more
stringent new source review
requirements (CAA section 182(c)(6)
and 40 CFR 51.165); (8) special rules for
modification of sources (CAA sections
182(c)(7) and 182(c)(8), and 40 CFR
51.165); (9) contingency provisions
(CAA section 182(c)(9)); and (10)
increased offsets (CAA section
182(c)(10) and 40 CFR 51.165). See also
the requirements for serious ozone
nonattainment areas set forth in section
182(c) of the CAA.
Because the Baltimore Area was
designated as a severe-15 nonattainment
area under the 1-hour ozone NAAQS (40
CFR 81.321), the State of Maryland has
already implemented severe area
requirements. These measures have
been approved into Maryland’s SIP for
the Baltimore Area. The Baltimore Area
is subject to ‘‘anti-backsliding’’
provisions of 40 CFR 51.905(a)(1) as an
area that was nonattainment for the
1-hour ozone NAAQS that became a
nonattainment area for the 1997 8-hour
ozone NAAQS. Anti-backsliding
0.079
0.073
0.078
0.076
0.090
0.075
0.070
provisions require measures approved
into Maryland’s SIP for the 1-hour
ozone NAAQS remain in the SIP for the
1997 8-hour NAAQS. The applicable
requirements are specified in 40 CFR
51.900(f) and include enhanced vehicle
inspection and maintenance, clean fuel
fleets, enhanced monitoring, and a 25
tpy major source threshold for volatile
organic compounds (VOC) and oxides of
nitrogen (NOX). In addition, the antibacksliding provisions require that the
new source review (NSR) requirements
based on the Baltimore Area’s 1-hour
severe nonattainment classification
continue to apply. (See South Coast Air
Quality Management Dist. v. EPA, 489
F.3d 1295 (DC Cir. 2007).)
Because severe area measures are
more stringent than serious area
measures, the Baltimore Area already
meets many of the required serious area
measures. Table 3, below, summarizes
the serious nonattainment area
requirements and their SIP approval
status. The State of Maryland is only
required to submit SIP revisions for any
outstanding serious area measures for
the 1997 8-hour NAAQS.
TABLE 3—STATUS OF SERIOUS AREA REQUIREMENTS IN THE MARYLAND SIP FOR THE BALTIMORE AREA
Requirement
CAA section
SIP status
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50 tpy threshold for VOC and NOX
§ 182(c).
Enhanced monitoring § 182(c)(1) ............
Attainment Demonstration § 182(c)(2)(A)
RFP
Demonstration
§ 182(c)(2)(B)/
§ 182(c)(2)(C).
Enhanced
vehicle
I/M
program
§ 182(c)(3).
Clean-fuel vehicle programs § 182(c)(4)
COMAR 26.11.02.01 approved into SIP on 02/27/2003 (68 FR 9012).
Photochemical Assessment Monitoring Stations (PAMS) Program approved into SIP on 9/11/1995 (60
FR 47084).
Must be submitted to EPA for approval by 9/30/2012.
Must be submitted to EPA for approval by 9/30/2012.
COMAR 11.14.08: Approved into the Maryland SIP on 10/29/1999 (64 FR 58340), revisions approved
on 1/16/2003 (68 FR 2208).
COMAR 26.11.20.04, National Low Emission Vehicle program (NLEV), approved into the SIP on 12/
28/1999 (64 FR 72564). Maryland opted into NLEV as a substitute measure under § 182(c)(4).
Upon expiration of NLEV, Maryland reverted to the Federal Tier 2 motor vehicle standards, and
subsequently adopted and implemented California’s Low Emission Vehicle Program.
Transportation control § 182(c)(5) ........... Compliance is ongoing through annual submission of Transportation Plans with accompanying conformity demonstrations.
De minimis rule § 182(c)(6) ..................... NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions approved on 9/20/2004 (69 FR 56170).
Special rule for modifications of sources NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions apemitting less than 100 tons § 182(c)(7).
proved on 9/20/2004 (69 FR 56170).
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Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Proposed Rules
54415
TABLE 3—STATUS OF SERIOUS AREA REQUIREMENTS IN THE MARYLAND SIP FOR THE BALTIMORE AREA—Continued
Requirement
CAA section
SIP status
Special rule for modifications of sources
emitting 100 tons or more § 182(c)(8).
Contingency provisions § 182(c)(9) .........
Offsets of 1.2 to 1 § 182(c)(10) ...............
NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions approved on 9/20/2004 (69 FR 56170).
Must be submitted to EPA for approval by 9/30/2012.
NSR regulations, COMAR 26.11.17, approved into SIP on 2/12/2001 (66 FR 56170), revisions approved on 9/20/2004 (69 FR 56170).
III. Proposed Action
Pursuant to section 181(b)(2) of the
CAA, EPA is proposing to determine,
based on certified, quality-assured
monitoring data for 2008–2010, that the
Baltimore Area did not attain the 1997
8-hour ozone standard by its June 15,
2011 attainment date. If EPA finalizes
this determination, upon the effective
date of the final determination, the
Baltimore Area will be reclassified by
operation of law as a serious 1997 8hour ozone nonattainment area.
Pursuant to section 182(i) of the CAA,
EPA is also proposing the schedule for
submittal of the SIP revisions required
for serious areas once the Baltimore
Area is reclassified. Because the
Baltimore Area was designated as a
severe-15 nonattainment area under the
1-hour ozone NAAQS (40 CFR 81.321),
the State of Maryland has already
implemented severe area requirements,
and these measures have been approved
into Maryland’s SIP for the Baltimore
Area. The Baltimore Area is subject to
‘‘anti-backsliding’’ provisions which
require that the measures approved into
Maryland’s SIP for the 1-hour NAAQS
remain in the SIP. Because severe area
measures are more stringent than
serious area measures, the Baltimore
Area already meets many of the required
serious area measures. Therefore, the
State of Maryland is only required to
submit SIP revisions for any outstanding
serious area measures for the 1997 8hour ozone NAAQS. EPA is proposing
that the State of Maryland submit the
required SIP revisions to EPA by
September 30, 2012.
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IV. 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
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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 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 proposed
determination that the Baltimore Area
did not attain the 1997 8-hour ozone
NAAQS by its applicable attainment
date does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
this proposed action 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.
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List of Subjects in 40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–22449 Filed 8–31–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2008–0020; Docket No.
FEMA–B–1043]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
On March 25, 2009, FEMA
published in the Federal Register a
proposed rule that contained an
erroneous table. This document
provides corrections to that table, to be
used in lieu of the information
published. The table provided in this
document represents the flooding
sources, location of referenced
elevations, effective and modified
elevations, and communities affected for
Cumberland County, Kentucky, and
Incorporated Areas. Specifically, it
addresses the following flooding
sources: Bear Creek (backwater effects
from Cumberland River), Big Renox
Creek (backwater effects from
Cumberland River), Big Whetstone
Creek (backwater effects from
Cumberland River), Big Willis Creek
(backwater effects from Cumberland
River), Brush Creek (backwater effects
from Cumberland River), Carter Branch
West (backwater effects from
Cumberland River), Casey Branch
(backwater effects from Dale Hollow
Lake), Cedar Creek North (backwater
effects from Cumberland River), Clover
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Proposed Rules]
[Pages 54412-54415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22449]
[[Page 54412]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R03-OAR-2011-0681; FRL-9458-9]
Determination of Nonattainment and Reclassification of the
Baltimore 1997 8-Hour Ozone Nonattainment Area; MD
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to determine that the Baltimore moderate 8-
hour ozone nonattainment area (the Baltimore Area) did not attain the
1997 8-hour ozone national ambient air quality standard (NAAQS) by its
June 15, 2011, attainment date. The attainment date for moderate ozone
nonattainment areas was June 15, 2010. However, the Baltimore Area
qualified for a 1-year extension of its attainment date. Therefore, EPA
extended the area's attainment date to June 15, 2011. This proposal is
based on EPA's review of complete, quality assured, and certified
ambient air quality monitoring data for the 2008-2010 monitoring period
that are available in the EPA Air Quality System (AQS) database. If EPA
finalizes this determination, the Baltimore Area will be reclassified
by operation of law as a serious 8-hour ozone nonattainment area for
the 1997 8-hour ozone standard. The serious area attainment date for
the Baltimore Area would be as expeditiously as practicable, but not
later than June 15, 2013. Once reclassified, the State of Maryland must
submit State Implementation Plan (SIP) revisions for the Baltimore Area
to meet the Clean Air Act (CAA) requirements for serious ozone
nonattainment areas. In this action, EPA is also proposing that the
State of Maryland submit the necessary SIP revisions to EPA by no later
than September 30, 2012. This action is being taken under the CAA.
DATES: Written comments must be received on or before October 3, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0681 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-2011-0681, 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 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-
2011-0681. 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.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this action.
I. What action is EPA proposing?
II. What is the background for this action?
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. What action is EPA proposing?
EPA is proposing to determine that the Baltimore Area did not
attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment
date. This proposal is based on EPA's review of complete, quality
assured, and certified ambient air quality monitoring data for the
2008-2010 monitoring period that are available in AQS. If EPA finalizes
this determination, the Baltimore Area will be reclassified by
operation of law as a serious 8-hour ozone nonattainment area for the
1997 8-hour ozone standard. The serious area attainment date for the
Baltimore Area would be as expeditiously as practicable, but not later
than June 15, 2013. (See 40 CFR 51.903.) Once reclassified, the State
of Maryland must submit SIP revisions for the Baltimore Area that meet
the 1997 8-hour ozone nonattainment requirements for serious areas as
required by the CAA. In this action, EPA is also proposing that the
State of Maryland submit SIP revisions to EPA by no later than
September 30, 2012 for any measures required under the CAA for serious
ozone nonattainment areas which have not already been approved into
Maryland's SIP for the Baltimore Area.
II. What is the background for this action?
A. The 1997 8-Hour Ozone NAAQS
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 March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour
ozone standard of 0.075 ppm. On January 6, 2010, EPA again addressed
[[Page 54413]]
this 2008 revised standard and proposed to set the primary 8-hour ozone
standard within the range of 0.060 to 0.070 ppm, rather than at 0.075
ppm. EPA is working to complete reconsideration of the standard and
thereafter will proceed with attainment/nonattainment area
designations. This proposed rulemaking relates only to a determination
of nonattainment for the 1997 8-hour ozone standard and is not affected
by the ongoing process of reconsidering the revised 2008 standard. This
action addresses only the 1997 8-hour ozone standard of 0.08 ppm, and
does not address any subsequently revised 8-hour ozone standard.
B. The Baltimore Area
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
nonattainment area. This area includes Baltimore City and Anne Arundel,
Baltimore, Carroll, Harford, and Howard Counties, all in Maryland. On
March 11, 2011, EPA approved a 1-year extension of the Baltimore Area's
attainment date, from June 15, 2010 to June 15, 2011. The extension was
based on the complete, certified ambient air quality data for the 2009
ozone season. (See 76 FR 13289.)
On June 4, 2010, EPA approved a Maryland SIP revision to meet the
2002 base year emissions inventory requirement and certain moderate
area requirements, including reasonable further progress (RFP), RFP
contingency measures, and reasonably available control measure (RACM)
for the Baltimore Area. EPA also approved the transportation conformity
motor vehicle emissions budgets (MVEBs) associated with the revision.
(See 75 FR 31709.)
C. Requirement To Determine Attainment by the Attainment Date
Under CAA sections 179(c) and 181(b)(2), EPA is required to make a
determination that a nonattainment area has attained by its attainment
date, and publish that determination in the Federal Register. Under CAA
section 181(b)(2), which is specific to ozone nonattainment areas, if
EPA determines that an area failed to attain the ozone NAAQS by its
attainment date, EPA is required to reclassify that area to a higher
classification.
D. EPA's Analysis of the Relevant Air Quality Data
Consistent with the requirements contained in 40 CFR part 50, EPA
has reviewed the ozone ambient air monitoring data for the monitoring
period from 2008 through 2010 for the Baltimore Area, as recorded in
AQS. The data that EPA relied on for this proposed action is included
in the docket for this rulemaking, which can be viewed at https://www.regulations.gov.
Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone
standard is attained at a site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm, based
on the rounding convention in 40 CFR part 50, appendix I). This 3-year
average is referred to as the design value. When the design value is
less than or equal to 0.084 ppm at each monitoring site within the
area, then the area is meeting the NAAQS.
Also, the data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90%,
and no single year has less than 75% data completeness as determined in
appendix I of 40 CFR part 50.
Table 1 shows the ozone design values for each monitor in the
Baltimore Area for the years 2008-2010. In order to attain the NAAQS,
all 2008-2010 design values must be below 0.084 ppm, and all monitors
must meet the data completeness requirements. However, monitor number
240251001 in Harford County has a design value of 0.089 ppm. Therefore,
the Baltimore Area has not attained the 1997 8-hour ozone NAAQS,
considering 2008-2010 data.
Table 1--2008-2010 Baltimore Area 1997 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
2008-2010
County Monitor ID Average % data 2008-2010 Design
completeness value (ppm)
----------------------------------------------------------------------------------------------------------------
Anne Arundel.............................................. 240030014 96 0.079
Baltimore................................................. 240051007 100 0.077
240053001 94 0.078
Carroll................................................... 240130001 98 0.076
Harford................................................... 240251001 94 0.089
240259001 99 0.078
Baltimore (City).......................................... 245100054 93 0.067
----------------------------------------------------------------------------------------------------------------
EPA's regulations at 40 CFR 51.907 set forth how a nonattainment
area for the 1997 8-hour ozone NAAQS can qualify for an extension of
its attainment date. Under 40 CFR 51.907, an area will qualify for a 1-
year extensions of the attainment date if:
(a) For the first one-year extension, the area's 4th highest daily
8-hour average in the attainment year is 0.084 ppm or less,
(b) For the second one-year extension, the area's 4th highest daily
8-hour value, averaged over both the original attainment year and the
first extension year, is 0.084 ppm or less.
(c) For purposes of paragraphs (a) and (b) of this section, the
area's 4th highest daily 8-hour average shall be from the monitor with
the highest 4th highest daily 8-hour average of all the monitors that
represent that area.
For the Baltimore Area, the original attainment year was 2009 and
the first extension year was 2010. Table 2, below, show the 2009 and
2010 highest 4th highest daily 8-hour values for the Baltimore Area,
and the 4th highest daily 8-hour values averaged over 2009 and 2010.
The 4th highest daily 8-hour values averaged over 2009 and 2010 for
monitor number 240251001 in Harford County is greater than 0.084 ppm
(0.090 ppm). Therefore, the Baltimore Area does not qualify for a
second extension of its attainment date.
[[Page 54414]]
Table 2--Baltimore Area 2009-2010 Average 4th Highest Daily 8-Hour Ozone Values
----------------------------------------------------------------------------------------------------------------
2009-2010
2009 4th highest 2010 4th highest Average 4th
County Monitor ID daily value daily value highest daily
value
----------------------------------------------------------------------------------------------------------------
Anne Arundel............................ 240030014 0.070 0.087 0.079
Baltimore............................... 240051007 0.068 0.078 0.073
240053001 0.071 0.084 0.078
Carroll................................. 240130001 0.068 0.083 0.076
Harford................................. 240251001 0.083 0.096 0.090
240259001 0.069 0.080 0.075
Baltimore (City)........................ 245100054 0.066 0.074 0.070
----------------------------------------------------------------------------------------------------------------
E. Determination of Nonattainment/Ambient Air Quality Monitoring Data
Complete, quality assured, certified 8-hour ozone air quality
monitoring data from 2008 through 2010 show that the Baltimore Area did
not attain the 1997 8-hour ozone NAAQS by its June 15, 2011 attainment
date. In addition, as stated above, the area does not qualify for a
second 1-year extension of its attainment date.
F. Serious Nonattainment Area SIP Requirements
The SIP requirements for a serious nonattainment area are set out
in section 182(c) of the CAA. The requirements for serious ozone
nonattainment areas include, but are not limited to: (1) Attainment and
reasonable further progress demonstrations (CAA section 182(c)(2), 40
CFR 51.908 and 40 CFR 51.910); (2) an enhanced monitoring program (CAA
section 182(c)(1) and 40 CFR 58.10); (3) an enhanced vehicle inspection
and maintenance (I/M) program (CAA section 182(c)(3) and 40 CFR
51.350); (4) clean fuel vehicle programs (CAA section 182(c)(4)); (5)
transportation control (CAA section 182(c)(5)); (6) a 50 ton-per-year
(tpy) major source threshold (CAA section 182(c) and 40 CFR 51.165);
(7) more stringent new source review requirements (CAA section
182(c)(6) and 40 CFR 51.165); (8) special rules for modification of
sources (CAA sections 182(c)(7) and 182(c)(8), and 40 CFR 51.165); (9)
contingency provisions (CAA section 182(c)(9)); and (10) increased
offsets (CAA section 182(c)(10) and 40 CFR 51.165). See also the
requirements for serious ozone nonattainment areas set forth in section
182(c) of the CAA.
Because the Baltimore Area was designated as a severe-15
nonattainment area under the 1-hour ozone NAAQS (40 CFR 81.321), the
State of Maryland has already implemented severe area requirements.
These measures have been approved into Maryland's SIP for the Baltimore
Area. The Baltimore Area is subject to ``anti-backsliding'' provisions
of 40 CFR 51.905(a)(1) as an area that was nonattainment for the 1-hour
ozone NAAQS that became a nonattainment area for the 1997 8-hour ozone
NAAQS. Anti-backsliding provisions require measures approved into
Maryland's SIP for the 1-hour ozone NAAQS remain in the SIP for the
1997 8-hour NAAQS. The applicable requirements are specified in 40 CFR
51.900(f) and include enhanced vehicle inspection and maintenance,
clean fuel fleets, enhanced monitoring, and a 25 tpy major source
threshold for volatile organic compounds (VOC) and oxides of nitrogen
(NOX). In addition, the anti-backsliding provisions require
that the new source review (NSR) requirements based on the Baltimore
Area's 1-hour severe nonattainment classification continue to apply.
(See South Coast Air Quality Management Dist. v. EPA, 489 F.3d 1295 (DC
Cir. 2007).)
Because severe area measures are more stringent than serious area
measures, the Baltimore Area already meets many of the required serious
area measures. Table 3, below, summarizes the serious nonattainment
area requirements and their SIP approval status. The State of Maryland
is only required to submit SIP revisions for any outstanding serious
area measures for the 1997 8-hour NAAQS.
Table 3--Status of Serious Area Requirements in the Maryland SIP for the
Baltimore Area
------------------------------------------------------------------------
Requirement CAA section SIP status
------------------------------------------------------------------------
50 tpy threshold for VOC and NOX COMAR 26.11.02.01 approved into SIP
Sec. 182(c). on 02/27/2003 (68 FR 9012).
Enhanced monitoring Sec. Photochemical Assessment Monitoring
182(c)(1). Stations (PAMS) Program approved
into SIP on 9/11/1995 (60 FR
47084).
Attainment Demonstration Sec. Must be submitted to EPA for
182(c)(2)(A). approval by 9/30/2012.
RFP Demonstration Sec. Must be submitted to EPA for
182(c)(2)(B)/Sec. 182(c)(2)(C). approval by 9/30/2012.
Enhanced vehicle I/M program Sec. COMAR 11.14.08: Approved into the
182(c)(3). Maryland SIP on 10/29/1999 (64 FR
58340), revisions approved on 1/16/
2003 (68 FR 2208).
Clean-fuel vehicle programs Sec. COMAR 26.11.20.04, National Low
182(c)(4). Emission Vehicle program (NLEV),
approved into the SIP on 12/28/1999
(64 FR 72564). Maryland opted into
NLEV as a substitute measure under
Sec. 182(c)(4). Upon expiration
of NLEV, Maryland reverted to the
Federal Tier 2 motor vehicle
standards, and subsequently adopted
and implemented California's Low
Emission Vehicle Program.
Transportation control Sec. Compliance is ongoing through annual
182(c)(5). submission of Transportation Plans
with accompanying conformity
demonstrations.
De minimis rule Sec. 182(c)(6).. NSR regulations, COMAR 26.11.17,
approved into SIP on 2/12/2001 (66
FR 56170), revisions approved on 9/
20/2004 (69 FR 56170).
Special rule for modifications of NSR regulations, COMAR 26.11.17,
sources emitting less than 100 approved into SIP on 2/12/2001 (66
tons Sec. 182(c)(7). FR 56170), revisions approved on 9/
20/2004 (69 FR 56170).
[[Page 54415]]
Special rule for modifications of NSR regulations, COMAR 26.11.17,
sources emitting 100 tons or more approved into SIP on 2/12/2001 (66
Sec. 182(c)(8). FR 56170), revisions approved on 9/
20/2004 (69 FR 56170).
Contingency provisions Sec. Must be submitted to EPA for
182(c)(9). approval by 9/30/2012.
Offsets of 1.2 to 1 Sec. NSR regulations, COMAR 26.11.17,
182(c)(10). approved into SIP on 2/12/2001 (66
FR 56170), revisions approved on 9/
20/2004 (69 FR 56170).
------------------------------------------------------------------------
III. Proposed Action
Pursuant to section 181(b)(2) of the CAA, EPA is proposing to
determine, based on certified, quality-assured monitoring data for
2008-2010, that the Baltimore Area did not attain the 1997 8-hour ozone
standard by its June 15, 2011 attainment date. If EPA finalizes this
determination, upon the effective date of the final determination, the
Baltimore Area will be reclassified by operation of law as a serious
1997 8-hour ozone nonattainment area. Pursuant to section 182(i) of the
CAA, EPA is also proposing the schedule for submittal of the SIP
revisions required for serious areas once the Baltimore Area is
reclassified. Because the Baltimore Area was designated as a severe-15
nonattainment area under the 1-hour ozone NAAQS (40 CFR 81.321), the
State of Maryland has already implemented severe area requirements, and
these measures have been approved into Maryland's SIP for the Baltimore
Area. The Baltimore Area is subject to ``anti-backsliding'' provisions
which require that the measures approved into Maryland's SIP for the 1-
hour NAAQS remain in the SIP. Because severe area measures are more
stringent than serious area measures, the Baltimore Area already meets
many of the required serious area measures. Therefore, the State of
Maryland is only required to submit SIP revisions for any outstanding
serious area measures for the 1997 8-hour ozone NAAQS. EPA is proposing
that the State of Maryland submit the required SIP revisions to EPA by
September 30, 2012.
IV. 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 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 proposed determination that the Baltimore Area
did not attain the 1997 8-hour ozone NAAQS by its applicable attainment
date does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because this proposed action 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 81
Air pollution control, National parks, Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-22449 Filed 8-31-11; 8:45 am]
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