Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Moderate Nonattainment Area, 14041-14044 [2015-06220]
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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules
paragraph (h)(5). This paragraph defines
‘‘regulated NSR pollutant’’ for new
sources seeking minor permits under 18
AAC 50.502 by adopting by reference
the Federal definition of ‘‘regulated NSR
pollutant’’ at 40 CFR 52.21(b)(50). This
is not a substantive change to Alaska’s
minor NSR program because this
definition was previously included in
18 AAC 50.900.
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F. 18 AAC 50.990—Definitions
The July 1, 2014, submittal revised
the definition of ‘‘fugitive emissions’’ at
18 AAC 50.990(40) to have the meaning
given in 40 CFR 51.166(b)(20), as
revised as of July 1, 2012. The October
24, 2014, submittal repealed the
definition of ‘‘regulated NSR pollutant’’
at 18 AAC 50.990(92). This action does
not address these changes because we
previously approved them on January 7,
2015 (80 FR 832).
The July 1, 2014, submittal also
updated the citation date for the
incorporation by reference of the
Federal definition of ‘‘volatile organic
compound’’ (VOC). The submittal
revised 18 AAC 50.990(121) to define
‘‘VOC’’ as the meaning given in 40 CFR
51,100(s) as of April 18, 2013. We note
that the Federal definition has been
revised since April 18, 2013.
Specifically, on October 22, 2013, the
EPA removed constituents from the
definition of VOC (78 FR 62451). While
the definition in Alaska’s rule is not
identical to the Federal definition, the
Alaska definition is more stringent and
therefore approvable.
III. Proposed Action
The EPA is proposing to approve and
incorporate by reference into the Alaska
SIP changes to the following provisions
submitted on July 1, 2014 and October
24, 2014:
• 18 AAC 50.015 ‘‘Air Quality
Designations, Classifications, and
Control Regions’’ (State effective 10/6/
2013);
• 18 AAC 50.040 ‘‘Federal Standards
Adopted by Reference’’ (State effective
10/6/2013);
• 18 AAC 50.225 ‘‘Owner-Requested
Limits’’ (State effective 10/6/2013);
• 18 AAC 50.260 ‘‘Guidelines for Best
Available Retrofit Technology under the
Regional Haze Rule’’ (State effective 10/
6/2013);
• 18 AAC 50.502 ‘‘Minor Permits for
Air Quality Protection’’ (State effective
11/9/2014); and
• 18 AAC 50.990 ‘‘Definitions’’ (State
effective 11/9/2014).
We have made the preliminary
determination that the submitted SIP
revisions are approvable because they
are consistent with section 110 and part
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C of title I of the CAA. We note that this
action does not address the submitted
revisions related to Alaska’s
nonattainment NSR permitting program
because we approved those changes on
January 7, 2015 (80 FR 832).
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the provisions described above in
Section III. Proposed Action. The EPA
has made, and will continue to make,
these documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. 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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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);
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• 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
it does not involve technical standards;
and
• does not provide the 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015–06216 Filed 3–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0884; FRL–9924–55–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Determination of Attainment
of the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the
Baltimore, Maryland Moderate
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to make a
determination that the Baltimore,
Maryland Moderate Nonattainment Area
(Baltimore Area) has attained the 2008
8-hour ozone National Ambient Air
Quality Standard (NAAQS). This
SUMMARY:
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proposed determination is based upon
complete, quality-assured, and certified
ambient air monitoring data that shows
the Area has monitored attainment of
the 2008 8-hour ozone NAAQS for the
2012–2014 monitoring period. If this
proposal becomes final, the requirement
for this Area to submit an attainment
demonstration, reasonably available
control measures (RACM), a reasonable
further progress (RFP) plan, and
contingency measures related to
attainment of the 2008 8-hour ozone
NAAQS shall be suspended for so long
as the Area continues to attain the 2008
8-hour ozone NAAQS. This action does
not constitute a redesignation to
attainment. The Baltimore Area will
remain nonattainment for the 2008 8hour ozone NAAQS until such time as
EPA determines that the Baltimore Area
meets the Clean Air Act (CAA)
requirements for redesignation to
attainment, including an approved
maintenance plan. This action is being
taken under the CAA.
DATES: Written comments must be
received on or before April 17, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0884 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2014–0884,
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 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–2014–
0884. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
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you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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 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:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both
the primary and secondary NAAQS for
ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment. 73
FR 16436 (March 27, 2008).1 The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
a more protective level. On May 21,
2012 (77 FR 30088), effective July 20,
2012, EPA designated as nonattainment
any area that was violating the 2008 8hour ozone NAAQS based on the three
most recent years (2008–2010) of air
monitoring data. The Baltimore Area
(specifically, Anne Arundel County,
1 For a detailed explanation of the calculation of
the 3-year 8-hour average, see 40 CFR part 50,
appendix I.
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Baltimore City, Baltimore County,
Carroll County, Harford County, and
Howard County) was designated as a
moderate ozone nonattainment area. See
40 CFR 81.321. Moderate areas are
required to attain the 2008 8-hour ozone
NAAQS by no later than six years after
the effective date of designations, or July
20, 2018. See 40 CFR 51.903. Air quality
monitoring data from the 2012–2014
monitoring period indicate that the
Baltimore Area is now attaining the
2008 8-hour ozone NAAQS.
Under the provisions of EPA’s ozone
implementation rule (40 CFR 51.918), if
EPA issues a determination that an area
is attaining the relevant standard
(through a rulemaking that includes
public notice and comment), it will
suspend the area’s obligations to submit
an attainment demonstration, RACM,
RFP, contingency measures and other
planning requirements related to
attainment of the 2008 8-hour ozone
NAAQS for as long as the area continues
to attain the standard. This suspension
remains in effect until such time, if ever,
that EPA (i) redesignates the area to
attainment at which time those
requirements no longer apply, or (ii)
subsequently determines that the area
has violated the 2008 8-hour ozone
NAAQS. Although these requirements
are suspended, EPA is not precluded
from acting upon these elements at any
time if submitted to EPA for review and
approval. The determination of
attainment is not equivalent to a
redesignation under section 107(d)(3) of
the CAA. The designation status of the
Baltimore Area will remain
nonattainment for the 2008 8-hour
ozone NAAQS until such time as EPA
determines that the Area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan. Additionally, the
determination of attainment is separate
from, and does not influence or
otherwise affect, any future designation
determination or requirements for the
Baltimore Area based on any new or
revised ozone NAAQS, and it remains
in effect regardless of whether EPA
designates this Area as a nonattainment
area for purposes of any new or revised
ozone NAAQS.
II. EPA’s Evaluation
For ozone, an area may be considered
to be attaining the 2008 8-hour ozone
NAAQS if there are no violations, as
determined in accordance with 40 CFR
part 50, based on three complete,
consecutive calendar years of qualityassured ambient air monitoring data.
Under EPA regulations at 40 CFR part
50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the
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annual fourth-highest daily maximum 8hour average ozone concentrations at an
ozone monitor is less than or equal to
0.075 ppm. See 40 CFR part 50,
appendix P. This 3-year average is
referred to as the design value. When
the design value is less than or equal to
0.075 ppm at each monitor within the
area, then the area is attaining the
NAAQS. Also, the data completeness
requirement is met when the average
percent of days with valid ambient
monitoring data is greater than or equal
to 90 percent (%), and no single year
has less than 75% data completeness as
determined in appendix P of 40 CFR
part 50. The data must be collected and
quality-assured in accordance with 40
CFR part 58, and recorded in the EPA
Air Quality System (AQS).
EPA has reviewed the complete,
quality-assured and certified ozone
ambient air monitoring data for the
monitoring period for 2012–2014 for the
Baltimore Area. The design values for
each monitor for the years 2012–2014
are less than or equal to 0.075 ppm, and
all monitors meet the data completeness
requirements (see Table 1). Based on
this 2012–2014 data from the AQS
database and consistent with the
requirements contained in 40 CFR part
50, EPA has concluded that this Area
attained the 2008 8-hour ozone NAAQS.
TABLE 1—2012–2014 BALTIMORE AREA 2008 8-HOUR OZONE DESIGN VALUES
Average
percent data
completeness
Monitor ID
24–003–0014
24–005–1007
24–005–3001
24–013–0001
24–025–1001
24–025–9001
24–510–0054
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
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The data in Table 1 are available in
EPA’s AQS database. The AQS report
with this data is available in the docket
for this rulemaking under docket
number EPA–R03–OAR–2014–0884 and
available online at www.regulations.gov,
docket number EPA–R03–OAR–2014–
0884.
III. Proposed Action
EPA is proposing to make a
determination that the Baltimore Area
has attained the 2008 8-hour ozone
NAAQS. This proposed determination
is based upon complete, qualityassured, and certified ambient air
monitoring data that show the Baltimore
Area has monitored attainment of the
2008 8-hour ozone NAAQS for the
2012–2014 monitoring period. Once this
proposal is final, the requirement for
this Area to submit an attainment
demonstration, RACM, a RFP plan,
contingency measures, and other
planning requirements related to
attainment of the 2008 8-hour ozone
NAAQS shall be suspended for so long
as the Baltimore Area continues to
attain the 2008 8-hour ozone NAAQS.
Although these requirements are
suspended, EPA is not precluded from
acting upon these elements at any time
if submitted to EPA for review and
approval. Finalizing this determination
does not constitute a redesignation of
the Baltimore Area to attainment for the
2008 8-hour ozone NAAQS under CAA
section 107(d)(3). This determination of
attainment also does not involve
approving any maintenance plan for the
Baltimore Area and does not determine
that the Baltimore Area has met all the
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requirements for redesignation under
the CAA, including that the attainment
be due to permanent and enforceable
measures. Therefore, the designation
status of the Baltimore Area will remain
nonattainment for the 2008 8-hour
ozone NAAQS until such time as EPA
takes final rulemaking action to
determine that such Area meets the
CAA requirements for redesignation to
attainment. EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
This action proposes to make an
attainment determination based on air
quality data and would, if finalized,
result in the suspension of certain
Federal requirements and would not
impose any additional requirements.
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
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97
95
99
99
98
96
90
2012–2014
Design value
(ppm)
0.074
0.072
0.072
0.069
0.075
0.073
0.064
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
concerning a determination of
attainment for the 2008 ozone NAAQS
for the Baltimore Area, does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the State
Implementation Plan (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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Incorporation by reference,
Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015–06220 Filed 3–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR part 52
[EPA–R09–OAR–2015–0187; FRL–9924–48–
Region 9]
Revisions to Air Plan; Arizona;
Stationary Sources; New Source
Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing a limited
approval and limited disapproval of
revisions to the Arizona Department of
Environmental Quality (ADEQ) portion
of the applicable state implementation
plan (SIP) for the State of Arizona.
These revisions are primarily intended
to serve as a replacement of ADEQ’s
existing SIP-approved rules for the
issuance of New Source Review (NSR)
permits for stationary sources, including
but not limited to review and permitting
of major sources and major
modifications under the Clean Air Act
(CAA or Act). After a lengthy
stakeholder process, the State of
Arizona developed and submitted a
NSR program for SIP approval that
satisfies most of the applicable Clean
Air Act and NSR regulatory
requirements, and will significantly
update ADEQ’s existing SIP-approved
NSR program. It also represents an
overall strengthening of ADEQ’s SIPapproved NSR program by clarifying
and enhancing the NSR permitting
requirements for major and minor
stationary sources. This proposed action
will update the applicable plan and set
the stage for remedying certain
deficiencies in these rules. We are
seeking comment on our proposed
action and plan to follow with a final
action.
DATES: Any comments must arrive by
April 17, 2015.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
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OAR–2015–0187, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency, Region 9, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Deliveries are only accepted during the
Regional Office’s normal hours of
operation.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. 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: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region 9, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lisa
Beckham, EPA Region 9, (415) 972–
3811, beckham.lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittals
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A. Which rules or statutory provisions did
the State submit?
B. Are there previous versions of the
statutory provisions or rules in the
Arizona SIP?
C. What is the purpose of this proposed
rule?
II. EPA’s Evaluation
A. How is EPA evaluating the rules and
statutory provisions?
B. Do the rules meet the evaluation criteria
for Minor New Source Review?
1. Legally Enforceable Procedures
2. ADEQ’s Program Under 40 CFR
51.160(e)
3. Public Availability of Information
4. Administrative Procedures
5. Stack Height Procedures
C. Do the rules meet the evaluation criteria
for Prevention of Significant
Deterioration (PSD)?
1. General PSD Program Requirements
2. Restrictions on Area Classifications
3. Redesignations
4. Impacts on Class I Areas
5. Public Participation
6. Plantwide Applicability Limits
7. Definitions
8. PM2.5 Significant Monitoring
Concentration
9. Definition for Basic Design Parameter
D. Do the rules meet the evaluation criteria
for Nonattainment New Source Review?
1. General Nonattainment NSR Program
Requirements
2. Plantwide Applicability Limits
3. Definitions
4. Definition for Basic Design Parameter
5. Additional Provisions for Particulate
Matter Nonattainment Areas
E. Review of Non-NSR Related Rules and
Statutory Provisions
F. Review of Rules and Statutory
Provisions Requested To Be Removed
From the SIP
G. Do the rules meet the evaluation criteria
under Sections 110(l) and 193 of the Act?
H. Conclusion
III. Public Comment and Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials ADEQ mean or refer to the
Arizona Department of Environmental
Quality.
(iii) The initials A.R.S. mean or refer to the
Arizona Revised Statutes.
(iv) The initials BACT mean or refer to Best
Available Control Technology.
(v) The initials CFR mean or refer to Code
of Federal Regulations.
(vi) The initials CO means or refer to
carbon monoxide.
(vii) The words EPA, we, us or our mean
or refer to the United States Environmental
Protection Agency.
(viii) The initials FIP mean or refer to
Federal Implementation Plan.
E:\FR\FM\18MRP1.SGM
18MRP1
]]>Agencies
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14041-14044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06220]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0884; FRL-9924-55-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Determination of Attainment of the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the Baltimore, Maryland Moderate
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a determination that the Baltimore, Maryland Moderate Nonattainment
Area (Baltimore Area) has attained the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS). This
[[Page 14042]]
proposed determination is based upon complete, quality-assured, and
certified ambient air monitoring data that shows the Area has monitored
attainment of the 2008 8-hour ozone NAAQS for the 2012-2014 monitoring
period. If this proposal becomes final, the requirement for this Area
to submit an attainment demonstration, reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, and
contingency measures related to attainment of the 2008 8-hour ozone
NAAQS shall be suspended for so long as the Area continues to attain
the 2008 8-hour ozone NAAQS. This action does not constitute a
redesignation to attainment. The Baltimore Area will remain
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA
determines that the Baltimore Area meets the Clean Air Act (CAA)
requirements for redesignation to attainment, including an approved
maintenance plan. This action is being taken under the CAA.
DATES: Written comments must be received on or before April 17, 2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0884 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0884, 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-
2014-0884. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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: Irene Shandruk, (215) 814-2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three
years) to provide increased protection of public health and the
environment. 73 FR 16436 (March 27, 2008).\1\ The 2008 ozone NAAQS
retains the same general form and averaging time as the 0.08 ppm NAAQS
set in 1997, but is set at a more protective level. On May 21, 2012 (77
FR 30088), effective July 20, 2012, EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data. The Baltimore
Area (specifically, Anne Arundel County, Baltimore City, Baltimore
County, Carroll County, Harford County, and Howard County) was
designated as a moderate ozone nonattainment area. See 40 CFR 81.321.
Moderate areas are required to attain the 2008 8-hour ozone NAAQS by no
later than six years after the effective date of designations, or July
20, 2018. See 40 CFR 51.903. Air quality monitoring data from the 2012-
2014 monitoring period indicate that the Baltimore Area is now
attaining the 2008 8-hour ozone NAAQS.
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\1\ For a detailed explanation of the calculation of the 3-year
8-hour average, see 40 CFR part 50, appendix I.
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Under the provisions of EPA's ozone implementation rule (40 CFR
51.918), if EPA issues a determination that an area is attaining the
relevant standard (through a rulemaking that includes public notice and
comment), it will suspend the area's obligations to submit an
attainment demonstration, RACM, RFP, contingency measures and other
planning requirements related to attainment of the 2008 8-hour ozone
NAAQS for as long as the area continues to attain the standard. This
suspension remains in effect until such time, if ever, that EPA (i)
redesignates the area to attainment at which time those requirements no
longer apply, or (ii) subsequently determines that the area has
violated the 2008 8-hour ozone NAAQS. Although these requirements are
suspended, EPA is not precluded from acting upon these elements at any
time if submitted to EPA for review and approval. The determination of
attainment is not equivalent to a redesignation under section 107(d)(3)
of the CAA. The designation status of the Baltimore Area will remain
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA
determines that the Area meets the CAA requirements for redesignation
to attainment, including an approved maintenance plan. Additionally,
the determination of attainment is separate from, and does not
influence or otherwise affect, any future designation determination or
requirements for the Baltimore Area based on any new or revised ozone
NAAQS, and it remains in effect regardless of whether EPA designates
this Area as a nonattainment area for purposes of any new or revised
ozone NAAQS.
II. EPA's Evaluation
For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in
accordance with 40 CFR part 50, based on three complete, consecutive
calendar years of quality-assured ambient air monitoring data. Under
EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the
[[Page 14043]]
annual fourth-highest daily maximum 8-hour average ozone concentrations
at an ozone monitor is less than or equal to 0.075 ppm. See 40 CFR part
50, appendix P. This 3-year average is referred to as the design value.
When the design value is less than or equal to 0.075 ppm at each
monitor within the area, then the area is attaining the NAAQS. Also,
the data completeness requirement is met when the average percent of
days with valid ambient monitoring data is greater than or equal to 90
percent (%), and no single year has less than 75% data completeness as
determined in appendix P of 40 CFR part 50. The data must be collected
and quality-assured in accordance with 40 CFR part 58, and recorded in
the EPA Air Quality System (AQS).
EPA has reviewed the complete, quality-assured and certified ozone
ambient air monitoring data for the monitoring period for 2012-2014 for
the Baltimore Area. The design values for each monitor for the years
2012-2014 are less than or equal to 0.075 ppm, and all monitors meet
the data completeness requirements (see Table 1). Based on this 2012-
2014 data from the AQS database and consistent with the requirements
contained in 40 CFR part 50, EPA has concluded that this Area attained
the 2008 8-hour ozone NAAQS.
Table 1--2012-2014 Baltimore Area 2008 8-Hour Ozone Design Values
------------------------------------------------------------------------
Average 2012-2014
Monitor ID percent data Design value
completeness (ppm)
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24-003-0014............................. 97 0.074
24-005-1007............................. 95 0.072
24-005-3001............................. 99 0.072
24-013-0001............................. 99 0.069
24-025-1001............................. 98 0.075
24-025-9001............................. 96 0.073
24-510-0054............................. 90 0.064
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The data in Table 1 are available in EPA's AQS database. The AQS
report with this data is available in the docket for this rulemaking
under docket number EPA-R03-OAR-2014-0884 and available online at
www.regulations.gov, docket number EPA-R03-OAR-2014-0884.
III. Proposed Action
EPA is proposing to make a determination that the Baltimore Area
has attained the 2008 8-hour ozone NAAQS. This proposed determination
is based upon complete, quality-assured, and certified ambient air
monitoring data that show the Baltimore Area has monitored attainment
of the 2008 8-hour ozone NAAQS for the 2012-2014 monitoring period.
Once this proposal is final, the requirement for this Area to submit an
attainment demonstration, RACM, a RFP plan, contingency measures, and
other planning requirements related to attainment of the 2008 8-hour
ozone NAAQS shall be suspended for so long as the Baltimore Area
continues to attain the 2008 8-hour ozone NAAQS. Although these
requirements are suspended, EPA is not precluded from acting upon these
elements at any time if submitted to EPA for review and approval.
Finalizing this determination does not constitute a redesignation of
the Baltimore Area to attainment for the 2008 8-hour ozone NAAQS under
CAA section 107(d)(3). This determination of attainment also does not
involve approving any maintenance plan for the Baltimore Area and does
not determine that the Baltimore Area has met all the requirements for
redesignation under the CAA, including that the attainment be due to
permanent and enforceable measures. Therefore, the designation status
of the Baltimore Area will remain nonattainment for the 2008 8-hour
ozone NAAQS until such time as EPA takes final rulemaking action to
determine that such Area meets the CAA requirements for redesignation
to attainment. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Statutory and Executive Order Reviews
This action proposes to make an attainment determination based on
air quality data and would, if finalized, result in the suspension of
certain Federal requirements and would not impose any additional
requirements. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, concerning a determination of
attainment for the 2008 ozone NAAQS for the Baltimore Area, does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), because the State Implementation Plan (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.
[[Page 14044]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-06220 Filed 3-17-15; 8:45 am]
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