Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Serious Nonattainment Area, 15711-15713 [2015-06731]
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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015–06856 Filed 3–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0883; FRL–9924–96–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Determination of Attainment
of the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the
Baltimore, Maryland Serious
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 Serious Nonattainment Area
(Baltimore Area) has attained the 1997
8-hour ozone National Ambient Air
Quality Standard (NAAQS). This
proposed determination is based upon
complete, quality-assured, and certified
ambient air monitoring data that shows
the Area has monitored attainment of
the 1997 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 1997 8-hour ozone
NAAQS shall be suspended for so long
as the Area continues to attain the 1997
8-hour ozone NAAQS. This action does
not constitute a redesignation to
attainment. The Baltimore Area will
remain nonattainment for the 1997 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.
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SUMMARY:
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Written comments must be
received on or before April 24, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0883 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–2014–0883,
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–
0883. 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
DATES:
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15711
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 July 18, 1997, EPA revised the
health-based NAAQS for ozone based
on 8-hour average concentrations. 62 FR
38856. The 8-hour averaging period
replaced the previous 1-hour averaging
period, and the level of the NAAQS was
changed from 0.12 parts per million
(ppm) to 0.08 ppm. Id. On April 30,
2004 (69 FR 23858), EPA finalized its
attainment/nonattainment designations
for areas across the country for the 1997
8-hour ozone NAAQS. These actions
became effective on June 15, 2004.
Among those nonattainment areas was
the Baltimore Area (specifically, Anne
Arundel County, Baltimore City,
Baltimore County, Carroll County,
Harford County, and Howard County),
which was designated as a moderate
ozone nonattainment area. Id. Later, the
Baltimore Area was reclassified as a
serious nonattainment area for the 1997
ozone NAAQS. 77 FR 4901 (February 1,
2012). See 40 CFR 81.321. Air quality
monitoring data from the 2012–2014
monitoring period indicate that the
Baltimore Area is now attaining the
1997 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 1997 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 1997 8-hour ozone
NAAQS. Although these requirements
are suspended, EPA is not precluded
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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
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 1997 8-hour
ozone NAAQS until such time as EPA
determines that the Baltimore 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
the Baltimore 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 1997 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 1997 8-hour ozone standard is
attained when the 3-year average of the
annual fourth-highest daily maximum 8hour average ozone concentration at an
ozone monitor is less than or equal to
0.08 ppm. This 3-year average is
referred to as the design value. When
the design value is less than or equal to
0.084 ppm (based on the rounding
convention in 40 CFR part 50, Appendix
I) 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 I 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 0.084 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 1997 8-hour ozone NAAQS.
TABLE 1—2012–2014 BALTIMORE AREA 1997 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–2014–0883 and
available online at www.regulations.gov,
docket number EPA–R03–OAR–2014–
0883.
III. Proposed Action
EPA is proposing to make a
determination that the Baltimore Area
has attained the 1997 8-hour ozone
NAAQS. This proposed determination
is based upon complete, qualityassured, and certified ambient air
monitoring data that show the Area has
monitored attainment of the 1997 8hour 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 1997 8-hour ozone NAAQS shall be
suspended for so long as the Area
continues to attain the 1997 8-hour
ozone NAAQS. Although these
requirements are suspended, EPA is not
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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 1997 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
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
1997 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.
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2012–2014
Design value
(ppm)
97
95
99
99
98
96
90
0.074
0.072
0.072
0.069
0.075
0.073
0.064
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 (Public Law 104–4);
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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules
• 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 1997 8-hour 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Incorporation by reference, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 9, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015–06731 Filed 3–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
mstockstill on DSK4VPTVN1PROD with PROPOSALS
40 CFR Part 52
[EPA–R03–OAR–2014–0833; FRL–9924–97–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Preconstruction
Requirements—Nonattainment New
Source Review
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
20:23 Mar 24, 2015
Jkt 235001
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted on August 22, 2013
by the Maryland Department of the
Environment (MDE). This revision
pertains to Maryland’s major
nonattainment New Source Review
(NSR) program, notably preconstruction
permitting requirements for sources of
fine particulate matter (PM2.5). This
action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be
received on or before April 24, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0833 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: campbell.dave@epa.gov.
C. Mail: EPA–R03–OAR–2014–0833,
David Campbell, Associate Director,
Office of Permits and Air Toxics,
Mailcode 3AP10, 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–
0833. 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
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
15713
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.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 22, 2013, MDE submitted
a SIP revision request to EPA. This SIP
revision request, if approved, would
revise Maryland’s currently approved
nonattainment NSR program by
amending Regulation .01 under section
26.11.01 of the Code of Maryland
Regulations (COMAR), and Regulations
.01 and .02 under COMAR 26.11.17.
Generally, the revisions incorporate
provisions related to the 2008
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR
28321 (May 16, 2008). The 2008 NSR
PM2.5 rule: (1) Required NSR permits to
address directly emitted PM2.5 and
precursor pollutants; (2) established
significant emission rates for direct
PM2.5 and precursor pollutants
(including sulfur dioxide (SO2) and
oxides of nitrogen (NOX)); (3)
established PM2.5 emission offsets; and
(4) required states to account for gases
that condense to form particles
(condensables) in PM2.5 emission limits.
Additionally, the 2008 NSR PM2.5
Rule authorized states to adopt
provisions in their nonattainment NSR
E:\FR\FM\25MRP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15711-15713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06731]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0883; FRL-9924-96-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Determination of Attainment of the 1997 8-Hour Ozone National
Ambient Air Quality Standard for the Baltimore, Maryland Serious
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a determination that the Baltimore, Maryland Serious Nonattainment Area
(Baltimore Area) has attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS). This proposed determination is based upon
complete, quality-assured, and certified ambient air monitoring data
that shows the Area has monitored attainment of the 1997 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 1997 8-hour ozone NAAQS shall be suspended
for so long as the Area continues to attain the 1997 8-hour ozone
NAAQS. This action does not constitute a redesignation to attainment.
The Baltimore Area will remain nonattainment for the 1997 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 24, 2015.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0883 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-2014-0883, 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-
2014-0883. 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 July 18, 1997, EPA revised the health-based NAAQS for ozone
based on 8-hour average concentrations. 62 FR 38856. The 8-hour
averaging period replaced the previous 1-hour averaging period, and the
level of the NAAQS was changed from 0.12 parts per million (ppm) to
0.08 ppm. Id. On April 30, 2004 (69 FR 23858), EPA finalized its
attainment/nonattainment designations for areas across the country for
the 1997 8-hour ozone NAAQS. These actions became effective on June 15,
2004. Among those nonattainment areas was the Baltimore Area
(specifically, Anne Arundel County, Baltimore City, Baltimore County,
Carroll County, Harford County, and Howard County), which was
designated as a moderate ozone nonattainment area. Id. Later, the
Baltimore Area was reclassified as a serious nonattainment area for the
1997 ozone NAAQS. 77 FR 4901 (February 1, 2012). See 40 CFR 81.321. Air
quality monitoring data from the 2012-2014 monitoring period indicate
that the Baltimore Area is now attaining the 1997 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 1997 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 1997 8-hour ozone NAAQS. Although these requirements are
suspended, EPA is not precluded
[[Page 15712]]
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 1997 8-
hour ozone NAAQS until such time as EPA determines that the Baltimore
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 the Baltimore 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 1997 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 1997 8-hour ozone standard is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentration at an ozone monitor is less
than or equal to 0.08 ppm. This 3-year average is referred to as the
design value. When the design value is less than or equal to 0.084 ppm
(based on the rounding convention in 40 CFR part 50, Appendix I) 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 I 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 0.084 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 1997 8-hour ozone NAAQS.
Table 1--2012-2014 Baltimore Area 1997 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
Average percent (%) 2012-2014 Design
Monitor ID data completeness value (ppm)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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-2014-0883 and available online at
www.regulations.gov, docket number EPA-R03-OAR-2014-0883.
III. Proposed Action
EPA is proposing to make a determination that the Baltimore Area
has attained the 1997 8-hour ozone NAAQS. This proposed determination
is based upon complete, quality-assured, and certified ambient air
monitoring data that show the Area has monitored attainment of the 1997
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 1997 8-hour
ozone NAAQS shall be suspended for so long as the Area continues to
attain the 1997 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 1997 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 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 1997 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 (Public Law 104-4);
[[Page 15713]]
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 1997 8-hour 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Incorporation by reference,
Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 9, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-06731 Filed 3-24-15; 8:45 am]
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