Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious Nonattainment Area, 50360-50362 [2016-17781]
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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
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Subchapter B—Monitoring Duties of Certain Sources
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0788; FRL–9949–70–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Reasonable Further
Progress Plan, Contingency Measures,
Motor Vehicle Emissions Budgets for
the Baltimore 1997 8-Hour Ozone
Serious Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the serious
nonattainment area reasonable further
progress (RFP) plan for the Baltimore
serious nonattainment area for the 1997
8-hour ozone national ambient air
quality standard (NAAQS). The SIP
revision includes 2011 and 2012 RFP
milestones, contingency measures for
failure to meet RFP, and updates to the
2002 base year inventory and the 2008
reasonable RFP plan previously
approved by EPA. EPA is also approving
the transportation conformity motor
vehicle emissions budgets (MVEBs)
associated with this revision. This
action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
August 31, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0788. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
SUMMARY:
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8/1/16 [Insert Federal
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[FR Doc. 2016–18156 Filed 7–29–16; 8:45 am]
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Amends section 139.53.
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information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov
or may be viewed during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 2, 2016 (81 FR 26188), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. In the NPR, EPA proposed
approval of the ‘‘Baltimore Serious
Nonattainment Area 0.08 ppm 8-Hour
Ozone State Implementation Plan
Demonstrating Rate of Progress for 2008,
2011 and 2012 Revision to 2002 Base
Year Emissions; and Serious Area
Attainment Demonstration, SIP Number:
13–07,’’ (the Serious Area Plan)
submitted by the Maryland Department
of the Environment (MDE) on July 22,
2013. The SIP revision submittal
included updates to the 2002 base year
emissions inventory and 2008 RFP plan
that EPA previously approved into the
Maryland SIP, RFP for 2011 and 2012,
an attainment demonstration, including
modeling and weight of evidence, RFP
and attainment contingency measures, a
reasonably available control measures
(RACM) determination, and 2012
MVEBs. After EPA determined
Baltimore had attained the 1997 8-hour
ozone standard, Maryland, by letter
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dated October 20, 2015, withdrew the
attainment demonstration, including
modeling and weight of evidence,
contingency measures for attainment,
and the RACM analysis from
consideration as a SIP revision.
Therefore, those elements are not
addressed in this rulemaking action.
II. Summary of SIP Revision
On June 4, 2010, EPA approved
Maryland’s moderate area RFP that
provided for a 15 percent (%) emissions
reduction from 2002 to 2008, contained
in the Moderate Area Plan. 75 FR 31709.
Maryland, however, needed to update
the 2008 target levels for its Serious
Area Plan because they are the basis for
the new 2011 and 2012 target level
calculations for RFP. Maryland also
needed to update its 2002 base year
inventory, which is the basis for the
2008 target levels and its 15% RFP plan.
In the Serious Area Plan, MDE updated
its 2002 base year inventory and 15%
RFP plan, including 2008 target levels,
to reflect changes to EPA’s approved
model for on-road mobile sector
emissions, from the Mobile Source
Emission Factor Model (MOBILE) to the
Motor Vehicle Emission Simulator
(MOVES) model, as well as updates to
EPA’s NONROAD model.
Serious 8-hour ozone nonattainment
areas are subject to RFP requirements in
section 182(c)(2)(B) of the CAA that
require an average of 3% per year of
volatile organic compounds (VOC) and/
or oxides of nitrogen (NOX) emissions
reductions for all remaining 3-year
periods after the first 6-year period out
to the area’s attainment date (2008–2011
and 2011–2012). For a serious area, such
as the Baltimore Area, with an approved
15% rate of progress (ROP) plan under
the 1-hour standard, states can use
reductions from VOC or NOX or a
combination of either. The Serious Area
Plan contains 2011 and 2012 RFP for the
Baltimore Area, including the
calculation of 2011 and 2012 target
levels, 2011 and 2012 projected
E:\FR\FM\01AUR1.SGM
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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
inventories, and an accounting of the
emission reductions from permanent
and enforceable emission control
measures achieved to meet RFP. The
Serious Area Plan also includes
contains contingency measures for
failure to meet the 2012 RFP milestone.
Finally, the Serious Area Plan includes
2012 MVEBs the Baltimore Area, set at
93.5 tons per day (tpd) NOX and 40.2
tpd VOC.
EPA reviewed the RFP plan for the
Baltimore Area submitted in the Serious
Area Plan, including updates to the
2008 RFP target levels previously SIP
approved by EPA, the 2011 and 2012
RFP targets levels, control measures
used to meet RFP, and contingency
measures for failure to meet the 2012
RFP target, and found them to be
approvable. In addition, EPA
determined that MDE used acceptable
techniques and methodologies to update
the 2002 base year and 2008 projected
inventories, and to develop the 2011
and 2012 milestone year projected
inventories and found them approvable.
Furthermore, EPA has found the
Baltimore Area’s 2012 MVEBs adequate
for transportation conformity purposes
and approvable. For details on EPA’s
analysis, see the Technical Support
Documents (TSDs) for this rulemaking
action, which are available online at
https://www.regulations.gov, Docket
number EPA–R03–OAR–2015–0788.
Other specific requirements of the
Baltimore Area serious area RFP plan,
inventories, RFP contingency measures,
and MVEBs, and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
III. Final Action
EPA is approving the updates to the
2002 base year inventory, updates to the
2008 RFP plan and associated 2008
projected emissions inventory, the 2011
and 2012 RFP plan and associated
projected emission inventories, the
contingency measures for failure to meet
2012 RFP, and the 2012 MVEBs for the
Baltimore Area submitted in MDE’s July
22, 2013 Serious Area Plan. The other
parts of the Serious Area Plan were
withdrawn by Maryland.
sradovich on DSK3GMQ082PROD with RULES
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
VerDate Sep<11>2014
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impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action: Under the CAA, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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);
• 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
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50361
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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 30, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action.
This action, pertaining to the
Baltimore Area serious RFP plan,
inventories, RFP contingency measures,
and MVEBs, may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
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50362
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations
Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
Transportation Conformity Budgets’’ at
the end of the table to read as follows:
Subpart V—Maryland
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entries
‘‘Serious Area Reasonable Further
Progress (RFP) Plan and 2012 RFP
Contingency Measures,’’ ‘‘Updates to
the 2002 Base Year Inventory for VOC,
NOX and CO,’’ and ‘‘2012
■
*
Identification of plan.
*
*
(e) * * *
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Name of non-regulatory
SIP revision
Applicable geographic area
State submittal
date
EPA approval date
*
*
Serious Area Reasonable Further
Progress (RFP) Plan and 2012
RFP Contingency Measures.
Updates to the 2002 Base Year
Inventory for VOC, NOX and
CO.
2012 Transportation Conformity
Budgets.
*
Baltimore 1997 8-hour ozone serious nonattainment area.
*
July 22, 2013 ....
*
*
8/1/2016 [Insert Federal Register citation].
*
§ 52.1076(cc)
Baltimore 1997 8-hour ozone serious nonattainment area.
July 22, 2013 ....
8/1/2016 [Insert Federal Register citation].
§ 52.1075(p)
Baltimore 1997 8-hour ozone serious nonattainment area.
July 22, 2013 ....
8/1/2016 [Insert Federal Register citation].
§ 52.1076(dd)
3. Section 52.1075 is amended by
adding paragraph (p) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
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(p) EPA approves, as a revision to the
Maryland State Implementation Plan,
updates to the 2002 base year emissions
inventories previously approved under
paragraph (i) of this section for the
Baltimore 1997 8-hour ozone serious
nonattainment area (Area) submitted by
the Secretary of the Maryland
Department of the Environment on July
22, 2013. This submittal consists of
updated 2002 base year point, area, nonroad mobile, and on-road mobile source
inventories in the Area for the following
pollutants: Volatile organic compounds
(VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
■ 4. Section 52.1076 is amended by
adding paragraphs (cc) and (dd) to read
as follows:
§ 52.1076 52.1076 Control strategy plans
for attainment and rate-of-progress: Ozone.
*
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*
(cc) EPA approves revisions to the
Maryland State Implementation Plan
consisting of the serious area reasonable
further progress (RFP) plan for the
Baltimore 1997 8-hour ozone serious
nonattainment area, including 2011 and
Additional
explanation
2012 RFP milestones, updates to the
2008 RFP milestones previously
approved by EPA under paragraph (q) of
this section, and contingency measures
for failure to meet 2012 RFP, submitted
by the Secretary of the Maryland
Department of the Environment on July
22, 2013.
(dd) EPA approves the following 2012
RFP motor vehicle emissions budgets
(MVEBs) for the Baltimore 1997 8-hour
ozone serious nonattainment area, in
tons per day (tpd) of volatile organic
compounds (VOC) and nitrogen oxides
(NOX), submitted by the Secretary of the
Maryland Department of the
Environment on July 22, 2013:
TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
Type of control strategy SIP
Year
VOC
(tpd)
NOX
(tpd)
Effective date of adequacy determination or
SIP approval
Rate of Progress Plan ....................................
2012
40.2
93.5
March 8, 2016 (81 FR 8711), published February 22, 2016.
ACTION:
[FR Doc. 2016–17781 Filed 7–29–16; 8:45 am]
Direct final rule.
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Modoc County Air Pollution Control
District (MCAPCD) portion of the
California State Implementation Plan
(SIP). These revisions concern
MCAPCD’s administrative and
procedural requirements to obtain
preconstruction permits that regulate
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act). We are approving local rules under
the CAA.
SUMMARY:
ENVIRONMENTAL PROTECTION
AGENCY
sradovich on DSK3GMQ082PROD with RULES
40 CFR Part 52
[EPA–R09–OAR–2016–0119; FRL–9948–26–
Region 9]
Approval of California Air Plan
Revisions, Modoc County Air Pollution
Control District, Permit Programs
Environmental Protection
Agency (EPA).
AGENCY:
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This rule is effective on
September 30, 2016 without further
notice, unless the EPA receives adverse
comments by August 31, 2016. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0119 at https://
www.regulations.gov, or via email to
R9airpermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
DATES:
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50360-50362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17781]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0788; FRL-9949-70-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor
Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
serious nonattainment area reasonable further progress (RFP) plan for
the Baltimore serious nonattainment area for the 1997 8-hour ozone
national ambient air quality standard (NAAQS). The SIP revision
includes 2011 and 2012 RFP milestones, contingency measures for failure
to meet RFP, and updates to the 2002 base year inventory and the 2008
reasonable RFP plan previously approved by EPA. EPA is also approving
the transportation conformity motor vehicle emissions budgets (MVEBs)
associated with this revision. This action is being taken under the
Clean Air Act (CAA).
DATES: This final rule is effective on August 31, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0788. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov or may be viewed during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Maryland Department of the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 2, 2016 (81 FR 26188), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of the ``Baltimore Serious Nonattainment Area 0.08 ppm 8-Hour
Ozone State Implementation Plan Demonstrating Rate of Progress for
2008, 2011 and 2012 Revision to 2002 Base Year Emissions; and Serious
Area Attainment Demonstration, SIP Number: 13-07,'' (the Serious Area
Plan) submitted by the Maryland Department of the Environment (MDE) on
July 22, 2013. The SIP revision submittal included updates to the 2002
base year emissions inventory and 2008 RFP plan that EPA previously
approved into the Maryland SIP, RFP for 2011 and 2012, an attainment
demonstration, including modeling and weight of evidence, RFP and
attainment contingency measures, a reasonably available control
measures (RACM) determination, and 2012 MVEBs. After EPA determined
Baltimore had attained the 1997 8-hour ozone standard, Maryland, by
letter dated October 20, 2015, withdrew the attainment demonstration,
including modeling and weight of evidence, contingency measures for
attainment, and the RACM analysis from consideration as a SIP revision.
Therefore, those elements are not addressed in this rulemaking action.
II. Summary of SIP Revision
On June 4, 2010, EPA approved Maryland's moderate area RFP that
provided for a 15 percent (%) emissions reduction from 2002 to 2008,
contained in the Moderate Area Plan. 75 FR 31709. Maryland, however,
needed to update the 2008 target levels for its Serious Area Plan
because they are the basis for the new 2011 and 2012 target level
calculations for RFP. Maryland also needed to update its 2002 base year
inventory, which is the basis for the 2008 target levels and its 15%
RFP plan. In the Serious Area Plan, MDE updated its 2002 base year
inventory and 15% RFP plan, including 2008 target levels, to reflect
changes to EPA's approved model for on-road mobile sector emissions,
from the Mobile Source Emission Factor Model (MOBILE) to the Motor
Vehicle Emission Simulator (MOVES) model, as well as updates to EPA's
NONROAD model.
Serious 8-hour ozone nonattainment areas are subject to RFP
requirements in section 182(c)(2)(B) of the CAA that require an average
of 3% per year of volatile organic compounds (VOC) and/or oxides of
nitrogen (NOX) emissions reductions for all remaining 3-year
periods after the first 6-year period out to the area's attainment date
(2008-2011 and 2011-2012). For a serious area, such as the Baltimore
Area, with an approved 15% rate of progress (ROP) plan under the 1-hour
standard, states can use reductions from VOC or NOX or a
combination of either. The Serious Area Plan contains 2011 and 2012 RFP
for the Baltimore Area, including the calculation of 2011 and 2012
target levels, 2011 and 2012 projected
[[Page 50361]]
inventories, and an accounting of the emission reductions from
permanent and enforceable emission control measures achieved to meet
RFP. The Serious Area Plan also includes contains contingency measures
for failure to meet the 2012 RFP milestone. Finally, the Serious Area
Plan includes 2012 MVEBs the Baltimore Area, set at 93.5 tons per day
(tpd) NOX and 40.2 tpd VOC.
EPA reviewed the RFP plan for the Baltimore Area submitted in the
Serious Area Plan, including updates to the 2008 RFP target levels
previously SIP approved by EPA, the 2011 and 2012 RFP targets levels,
control measures used to meet RFP, and contingency measures for failure
to meet the 2012 RFP target, and found them to be approvable. In
addition, EPA determined that MDE used acceptable techniques and
methodologies to update the 2002 base year and 2008 projected
inventories, and to develop the 2011 and 2012 milestone year projected
inventories and found them approvable. Furthermore, EPA has found the
Baltimore Area's 2012 MVEBs adequate for transportation conformity
purposes and approvable. For details on EPA's analysis, see the
Technical Support Documents (TSDs) for this rulemaking action, which
are available online at https://www.regulations.gov, Docket number EPA-
R03-OAR-2015-0788.
Other specific requirements of the Baltimore Area serious area RFP
plan, inventories, RFP contingency measures, and MVEBs, and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving the updates to the 2002 base year inventory,
updates to the 2008 RFP plan and associated 2008 projected emissions
inventory, the 2011 and 2012 RFP plan and associated projected emission
inventories, the contingency measures for failure to meet 2012 RFP, and
the 2012 MVEBs for the Baltimore Area submitted in MDE's July 22, 2013
Serious Area Plan. The other parts of the Serious Area Plan were
withdrawn by Maryland.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action: Under the CAA, the
Administrator is required to approve a SIP submission that complies
with the provisions of the CAA and applicable federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely approves state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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);
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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 30, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action, pertaining to the Baltimore Area serious RFP plan,
inventories, RFP contingency measures, and MVEBs, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
[[Page 50362]]
Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding
the entries ``Serious Area Reasonable Further Progress (RFP) Plan and
2012 RFP Contingency Measures,'' ``Updates to the 2002 Base Year
Inventory for VOC, NOX and CO,'' and ``2012 Transportation
Conformity Budgets'' at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Serious Area Reasonable Further Baltimore 1997 8- July 22, 2013..... 8/1/2016 [Insert Sec.
Progress (RFP) Plan and 2012 hour ozone serious Federal Register 52.1076(cc)
RFP Contingency Measures. nonattainment area. citation].
Updates to the 2002 Base Year Baltimore 1997 8- July 22, 2013..... 8/1/2016 [Insert Sec. 52.1075(p)
Inventory for VOC, NOX and CO. hour ozone serious Federal Register
nonattainment area. citation].
2012 Transportation Conformity Baltimore 1997 8- July 22, 2013..... 8/1/2016 [Insert Sec.
Budgets. hour ozone serious Federal Register 52.1076(dd)
nonattainment area. citation].
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1075 is amended by adding paragraph (p) to read as
follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(p) EPA approves, as a revision to the Maryland State
Implementation Plan, updates to the 2002 base year emissions
inventories previously approved under paragraph (i) of this section for
the Baltimore 1997 8-hour ozone serious nonattainment area (Area)
submitted by the Secretary of the Maryland Department of the
Environment on July 22, 2013. This submittal consists of updated 2002
base year point, area, non-road mobile, and on-road mobile source
inventories in the Area for the following pollutants: Volatile organic
compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
0
4. Section 52.1076 is amended by adding paragraphs (cc) and (dd) to
read as follows:
Sec. 52.1076 52.1076 Control strategy plans for attainment and rate-
of-progress: Ozone.
* * * * *
(cc) EPA approves revisions to the Maryland State Implementation
Plan consisting of the serious area reasonable further progress (RFP)
plan for the Baltimore 1997 8-hour ozone serious nonattainment area,
including 2011 and 2012 RFP milestones, updates to the 2008 RFP
milestones previously approved by EPA under paragraph (q) of this
section, and contingency measures for failure to meet 2012 RFP,
submitted by the Secretary of the Maryland Department of the
Environment on July 22, 2013.
(dd) EPA approves the following 2012 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious
nonattainment area, in tons per day (tpd) of volatile organic compounds
(VOC) and nitrogen oxides (NOX), submitted by the Secretary
of the Maryland Department of the Environment on July 22, 2013:
Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (tpd) NOX (tpd) adequacy determination
or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............... 2012 40.2 93.5 March 8, 2016 (81 FR
8711), published
February 22, 2016.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-17781 Filed 7-29-16; 8:45 am]
BILLING CODE 6560-50-P
