Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Maryland Portion of the Philadelphia-Wilmington-Atlantic City Nonattainment Area, 8752-8756 [2018-04184]
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8752
Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
ENVIRONMENTAL PROTECTION
AGENCY
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This action
defers sanctions in accordance with
CAA regulatory provisions and imposes
no additional requirements.
I. Background
Ground level ozone is formed when
NOX and VOC react in the presence of
Approval and Promulgation of Air
sunlight. NOX and VOC are referred to
Quality Implementation Plans;
as ozone precursors and are emitted by
Maryland; 2011 Base Year Inventory
many types of pollution sources,
for the 2008 8-Hour Ozone National
including motor vehicles, power plants,
Ambient Air Quality Standard for the
industrial facilities, and area wide
sources, such as consumer products and
Maryland Portion of the Philadelphialawn and garden equipment. Scientific
Wilmington-Atlantic City
evidence indicates that adverse public
Nonattainment Area
health effects occur following exposure
AGENCY: Environmental Protection
to ozone. These effects are more
Agency (EPA).
pronounced in children and adults with
lung disease. Breathing air containing
ACTION: Final rule.
ozone can reduce lung function and
SUMMARY: The Environmental Protection inflame airways, which can increase
respiratory symptoms and aggravate
Agency (EPA) is approving the 2011
asthma or other lung diseases. In
base year inventory for the Maryland
portion of the Philadelphia-Wilmington- response to this scientific evidence, EPA
promulgated the first ozone NAAQS in
Atlantic City marginal nonattainment
1979, the 0.12 part per million (ppm) 1area for the 2008 8-hour ozone national
hour ozone NAAQS. See 44 FR 8202
ambient air quality standard (NAAQS).
(February 8, 1979). EPA had previously
The State of Maryland submitted the
emission inventory, which included the promulgated a NAAQS for total
photochemical oxidants.
ozone precursors, nitrogen oxides (NOX)
On July 18, 1997, EPA promulgated a
and volatile organic compounds (VOC),
revised ozone NAAQS of 0.08 ppm,
as well as several other pollutants,
averaged over eight hours. 62 FR 38855.
through the Maryland Department of the This 8-hour ozone NAAQS was
Environment (MDE) to meet the
determined to be more protective of
nonattainment requirements for
public health than the previous 1979 1marginal ozone nonattainment areas for hour ozone NAAQS. In 2008, EPA
the 2008 8-hour ozone NAAQS. EPA is
revised the 8-hour ozone NAAQS from
approving the 2011 base year NOX and
0.08 to 0.075 ppm. See 73 FR 16436
VOC emissions inventory for the 2008 8- (March 27, 2008).
hour ozone NAAQS as a revision to the
On May 21, 2012, the PhiladelphiaMaryland State Implementation Plan
Wilmington-Atlantic City area was
(SIP) in accordance with the
designated as marginal nonattainment
requirements of the Clean Air Act
for the 2008 8-hour ozone NAAQS. 77
(CAA).
FR 30088. The designation of the
Philadelphia-Wilmington-Atlantic City
DATES: This final rule is effective on
area as marginal nonattainment was
April 2, 2018.
effective July 20, 2012. The
ADDRESSES: EPA has established a
Philadelphia-Wilmington-Atlantic City
docket for this action under Docket ID
nonattainment area is comprised of
Number EPA–R03–OAR–2017–0149. All Cecil County in Maryland, as well as
documents in the docket are listed on
counties in Delaware, New Jersey, and
the https://www.regulations.gov
Pennsylvania.
website. Although listed in the index,
Under sections 172(c)(3) and 182(a)(1)
some information is not publicly
of the CAA, Maryland is required to
available, e.g., confidential business
submit a comprehensive, accurate, and
information (CBI) or other information
current inventory of actual emissions
whose disclosure is restricted by statute. from all sources of the relevant
Certain other material, such as
pollutants, i.e. the ozone precursors
copyrighted material, is not placed on
NOX and VOC, for the marginal
the internet and will be publicly
nonattainment area, i.e., the Maryland
available only in hard copy form.
portion of the Philadelphia-WilmingtonPublicly available docket materials are
Atlantic City nonattainment area. In
available through https://
order to satisfy the requirements of CAA
www.regulations.gov, or please contact
sections 172(c)(3) and 182(a)(1), on
the person identified in the FOR FURTHER January 19, 2017, Maryland formally
submitted the 2011 base year inventory
INFORMATION CONTACT section for
for the Maryland portion of the
additional availability information.
40 CFR Part 52
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in section II of this
preamble, including the basis for that
finding.
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 April 30, 2018. Filing a
petition for reconsideration by the EPA
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
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List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 20, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–04111 Filed 2–28–18; 8:45 am]
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Sara
Calcinore, (215) 814–2043, or by email
at calcinore.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[EPA–R03–OAR–2017–0149; FRL–9974–
98—Region 3]
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Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour
ozone NAAQS as a SIP revision (SIP #
16–15).
On September 25, 2017, EPA
simultaneously published a notice of
proposed rulemaking (NPR) (82 FR
44544) and a direct final rule (DFR) (82
FR 44522) approving Maryland’s 2011
base year inventory for the Maryland
portion of the Philadelphia-WilmingtonAtlantic City nonattainment area for the
2008 8-hour ozone NAAQS as a SIP
revision. The DFR included an
amendment to 40 CFR 52.1070
(identification of Maryland’s SIP) and
an amendment to 40 CFR 52.1075
(explanation of Maryland’s base year
emissions inventories). EPA received an
adverse comment on the rulemaking
and withdrew the DFR prior to the
effective date of November 24, 2017. See
82 FR 54298 (November 17, 2017).
However, in the withdrawal, EPA only
withdrew the amendment to 40 CFR
52.1070, which would have added an
entry for the ‘‘2011 Base Year Inventory
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard’’ to the
table under 40 CFR 52.1075(e) (EPAapproved nonregulatory and quasiregulatory material). EPA inadvertently
did not withdraw the amendment to 40
CFR 52.1075, which became effective on
November 24, 2017. This provision
revised Maryland’s SIP to include
paragraph (q) under 40 CFR 52.1075,
which described EPA’s ‘‘approval’’ of
Maryland’s 2011 base year inventory for
the Maryland portion of the
Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour
ozone NAAQS. Because the addition of
40 CFR 52.1075(q) did not contain an
effective date and this final action
approving Maryland’s 2011 base year
inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8-
hour ozone NAAQS will correctly add
40 CFR 52.1075(q), the earlier effective
date which added 40 CFR 52.1075(q) is
harmless. Therefore, no correction is
needed for this harmless early addition.
In the NPR, EPA had proposed to
approve the SIP revision, which
included Maryland’s 2011 base year
inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8hour ozone NAAQS. In this final
rulemaking, EPA is responding to the
comments submitted on the proposed
revision to the Maryland SIP and is
approving Maryland’s 2011 base year
inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8hour ozone NAAQS as a SIP revision.
Because 40 CFR 52.1075(q) was
prematurely added by EPA’s inadvertent
failure to withdraw the amendment to
40 CFR 52.1075 when we withdrew the
DFR in the November 17, 2017
withdrawal Federal Register notice, no
further amendment to 40 CFR 52.1075 is
necessary.
II. Summary of SIP Revision and EPA
Analysis
Under CAA section 172(c)(3), states
are required to submit a comprehensive,
accurate, and current inventory of actual
emissions from all sources (point,
nonpoint, nonroad, and onroad) of the
relevant pollutant or pollutants in the
nonattainment area. CAA section
182(a)(1) requires that areas designated
as nonattainment and classified as
marginal submit an inventory of all
sources of ozone precursors no later
than 2 years after the effective date of
designation. EPA’s guidance for
emissions inventory development calls
for actual emissions to be used in the
base year inventory. The state must
report annual emissions as well as
‘‘summer day emissions.’’ As defined in
8753
40 CFR 51.900(v), ‘‘summer day
emissions’’ means, ‘‘an average day’s
emissions for a typical summer work
weekday. The state will select the
particular month(s) in summer and the
day(s) in the work week to be
represented.’’
On January 19, 2017, MDE submitted
a formal revision (SIP #16–15) to its SIP.
The SIP revision consists of the 2011
base year inventory for the Maryland
portion of the Philadelphia-WilmingtonAtlantic City nonattainment area for the
2008 8-hour ozone NAAQS. MDE
selected 2011 as its base year for SIP
planning purposes, as recommended in
EPA’s final rule, ‘‘Implementation of the
2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements.’’
See 80 FR 12263 (March 6, 2015). MDE’s
2011 base year inventory includes
emissions estimates covering the general
source categories of stationary point,
area (nonpoint), nonroad mobile, onroad
mobile, and Marine-Air-Rail (M–A–R).
In its 2011 base year inventory, MDE
reported actual annual emissions and
typical summer day emissions for the
months of May through September for
NOX, VOC, and carbon monoxide. MDE
also reported annual emissions for fine
particulate matter (PM2.5), sulfur dioxide
(SO2), and ammonia (NH3) In this
approval of the 2011 base year
emissions inventory for the 2008 ozone
NAAQS, EPA is approving only the
portions of the inventory that relate to
the relevant ozone precursors, which are
VOC and NOX.1
Table 1 summarizes the 2011 VOC
and NOX emission inventory by source
sector for the Maryland portion of the
Philadelphia-Wilmington-Atlantic City
nonattainment area. Annual emissions
are given in tons per year (tpy) and
summer weekday emissions are given
by tons per day (tpd).
TABLE 1—SUMMARY OF 2011 EMISSIONS OF OZONE PRECURSORS FOR THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY
NONATTAINMENT AREA
Summer weekday
(tpd)
Source sector
VOC
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Point .................................................................................................................
1 The actual annual emissions and typical
summer day emissions were summarized by MDE
in Table 1–1: 2011 Base Year SIP Emission
Inventory Summary. A discrepancy was found
between the area annual emissions reported for
PM2.5 and NH3 in Table 1–1 and the area annual
emissions reported for PM2.5 and NH3 in Table 4–
1: 2011 Base Year SIP Area Source Emission
Inventories and the Nonpoint Annual data table
under Appendix C Area/Nonpoint Sources. Since
the anthropogenic totals in Table 1–1 correspond to
the annual emissions values, the anthropogenic
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NOX
0.301
totals for PM2.5 and NH3 in Table 1–1 were also
affected by the discrepancy. In a correction letter,
MDE confirmed that the area annual emissions for
PM2.5 and NH3 in Table 1–1 are 456.50 tpy for PM2.5
and 477.15 tpy for NH3. MDE also confirmed that
the corresponding anthropogenic totals for PM2.5
and NH3 are 625.04 tpy and 530.10 tpy. MDE has
submitted a corrected version of page 3 of the 2011
base year inventory to reflect the necessary
corrections to Table 1–1. The corrected version as
well as the correction letter are included in the
docket for this rulemaking even though the CAA at
Annual
(tpy)
VOC
2.63
64.91
NOX
76.19
sections 172 and 182 only require an inventory of
ozone precursors. See July 20, 2017 letter from
Brian Hug, Program Manager, Maryland Department
of the Environment to Cecil Rodrigues, Acting
Regional Administrator, EPA Region III, Subject:
SIP #16–15 ‘‘2011 Base Year Emissions Inventory
for the Maryland Portion of the PhiladelphiaAtlantic City, PA-NJ-DE-MD 2008 Ozone NAAQS
Nonattainment Area (Cecil County, MD) Minor
Corrections.’’
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TABLE 1—SUMMARY OF 2011 EMISSIONS OF OZONE PRECURSORS FOR THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY
NONATTAINMENT AREA—Continued
Summer weekday
(tpd)
Source sector
VOC
Annual
(tpy)
VOC
NOX
NOX
2.863
5.127
2.29
0.030
0.31
2.01
7.50
0.46
937.78
1,054.93
791.98
11.03
242.02
529.02
2,730.44
167.97
Anthropogenic Subtotal ............................................................................
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Area .................................................................................................................
Nonroad ...........................................................................................................
Onroad .............................................................................................................
M–A–R .............................................................................................................
10.61
12.90
2,860.63
3,745.63
Point sources are large, stationary,
and identifiable sources of emissions
that release pollutants into the
atmosphere. Maryland obtained its
point source data from the MDE Air and
Radiation Management Administration
(ARMA) point source emissions
inventory. ARMA identifies and
inventories stationary sources for the
point source emissions inventory
through inspections, investigations,
permitting, and equipment registrations.
Area sources, also known as nonpoint
sources, are sources of pollution that are
small and numerous and have not been
inventoried as specific point or mobile
sources. To inventory these sources,
they are grouped so that emissions can
be estimated collectively using one
methodology. Examples of nonpoint
sources include residential heating
emissions and emissions from consumer
solvents. MDE calculated nonpoint
emissions for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area by multiplying
emissions factors specific for each
source category with some known
indicator of collective activity for each
source category, such as population or
employment data.
Nonroad sources are mobile sources
other than onroad vehicles. In its 2011
base year inventory, MDE separated
nonroad sources into two categories:
‘‘Nonroad Model NMIM’’ and M–A–R.
Nonroad Model NMIM sources include
lawn and garden equipment, airport
service equipment, recreational land
vehicles or equipment, recreational
marine equipment, light commercial
equipment, industrial equipment,
construction equipment, agricultural or
farm equipment, and logging
equipment. MDE relied on EPA’s
nonroad emissions calculations from the
National Mobile Inventory Model
(NMIM- April 5, 2009) to calculate
emissions from sources in the ‘‘Nonroad
Model NMIM’’ category. M–A–R sources
include railroads, commercial aviation,
air taxis, general aviation, military
aviation, and commercial marine
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vessels. MDE estimated M–A–R
emissions using data from surveyed
sources or state and federal reporting
agencies. Onroad or highway sources
are vehicles, such as cars, trucks, and
buses, which are operated on public
roadways. MDE estimated onroad
emissions for these sources using EPA’s
Motor Vehicle Emission Simulator
(MOVES) model, version 2010a, and
appropriate activity levels, such as
vehicle miles traveled (VMT) estimates
developed from vehicle count data
maintained by the State Highway
Administration (SHA) of the Maryland
Department of Transportation (MDOT).
EPA reviewed Maryland’s 2011 base
year emission inventory’s results,
procedures, and methodologies for the
Maryland portion of the PhiladelphiaWilmington-Atlantic City
nonattainment area and found them to
be acceptable and approvable under
CAA sections 110, 172(c)(3) and
182(a)(1) of the CAA. EPA’s review and
analysis is detailed in a Technical
Support Document (TSD) prepared for
this rulemaking. The TSD is available
online at https://www.regulations.gov,
Docket ID No. EPA–R03–OAR–2017–
0149. The public comments received on
the NPR are discussed in Section III of
this rulemaking action.
III. Public Comments and EPA’s
Response
EPA received two public comments
on our September 25, 2017 proposal to
approve Maryland’s 2011 base year
inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8hour ozone NAAQS. The comment
submitted on October 25, 2017, was not
related to this action and will not be
addressed here.
Comment: The commenter stated that
for a multistate nonattainment area, EPA
cannot approve a single state’s emission
inventory. Rather, the commenter
believes that EPA must approve a single
emission inventory for the entire
nonattainment area instead of taking a
piecemeal approach to act on each
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individual emissions inventory
submitted by each state for that state’s
portion of the nonattainment area. The
commenter expressed concern that by
approving separate emission inventories
for each state, EPA will not know if all
of the other states are ‘‘within the right
limits.’’
Response: For ozone nonattainment
areas, CAA section 182(a) specifically
provides that ‘‘Each State in which all
or part of a Marginal Area is located
shall, with respect to the Marginal Area
(or portion thereof . . .), submit to the
Administrator the State implementation
plan revisions . . . described under this
subsection.’’ CAA section 182(a)(1)
requires that ‘‘the State shall submit a
comprehensive, accurate, current
inventory of actual emissions from all
sources.’’ EPA notes that this
requirement to submit a SIP revision
providing for a comprehensive
inventory applies to each individual
state, including a state in which only
part of a nonattainment area is located.
Each other state that is part of the
nonattainment area would also bear the
same requirement and, therefore, the
CAA provides for a comprehensive
emission inventory for the entire
nonattainment area.
CAA section 110(k) requires the EPA
to act on a SIP revision within a set
amount of time of when that SIP
revision is submitted. The requirement
is to act on each individual SIP
submission. Nothing in the CAA
requires EPA to act on groups of
submittals, and likewise, there is no
CAA requirement to act in a single
action for SIPs submitted across an
entire nonattainment area. Thus, EPA is
appropriately acting to approve only
Maryland’s inventory submission for the
Maryland portion of the PhiladelphiaWilmington-Atlantic City
nonattainment area for the 2008 8-hour
ozone NAAQS.
IV. Final Action
EPA is approving the Maryland SIP
revision submitted on January 19, 2017,
which is Maryland’s 2011 base year
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inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8hour ozone NAAQS, as a revision to the
Maryland SIP. This rule, which
responds to the adverse comment
received, finalizes our proposed
approval of Maryland’s 2011 base year
inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area for the 2008 8hour ozone NAAQS.
V. Statutory and Executive Order
Reviews
A. General Requirements
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);
• is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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
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*
*
2011 Base Year Emissions Inventory for
the 2008 8-Hour Ozone National Ambient Air Quality Standard.
*
*
Maryland portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD
2008 ozone nonattainment area.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 15, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry
‘‘2011 Base Year Inventory for the 2008
8-Hour Ozone National Ambient Air
Quality Standard’’ at the end of the table
to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
*
*
State submittal
date
Applicable geographic area
17:58 Feb 28, 2018
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 April 30, 2018. 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 approving Maryland’s
2011 base year inventory for the
Maryland portion of the PhiladelphiaWilmington-Atlantic City
nonattainment area for the 2008 8-hour
ozone NAAQS may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
40 CFR part 52 is amended as follows:
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).
Name of non-regulatory SIP revision
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C. Petitions for Judicial Review
EPA approval date
Additional
explanation
*
01/19/2017
*
03/01/2018, [Insert
Federal Register
citation].
*
§ 52.1075(q).
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[FR Doc. 2018–04184 Filed 2–28–18; 8:45 am]
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AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2017–0277; FRL–9974–
86—Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis-St. Charles-Farmington,
Missouri-Illinois Area to Attainment of
the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
find that the St. Louis-St. CharlesFarmington, Missouri-Illinois (MO-IL)
area, ‘‘the St. Louis area,’’ is attaining
the 2008 ozone National Ambient Air
Quality Standard (NAAQS or standard)
and is redesignating the Illinois portion
of the St. Louis area, ‘‘the Metro-East
area,’’ to attainment for the 2008 ozone
NAAQS because the Metro-East area
meets the statutory requirements for
redesignation under the Clean Air Act
(CAA). The St. Louis area includes
Madison, Monroe and St. Clair Counties
in Illinois (the Metro-East area), and
Franklin, Jefferson, St. Charles, and St.
Louis Counties and the City of St. Louis
in Missouri. (EPA will address the
Missouri portion of the St. Louis area in
a separate rulemaking action.) EPA is
also approving, as a revision to the
Illinois State Implementation Plan (SIP),
the State’s plan for maintaining the 2008
ozone standard through 2030 in the St.
Louis area. Finally, EPA finds adequate
and is approving, as a SIP revision, the
State’s 2030 volatile organic compound
(VOC) and oxides of nitrogen (NOX)
Motor Vehicle Emission Budgets
(MVEBs) for the Metro-East area. The
Illinois Environmental Protection
Agency (IEPA) submitted the SIP
revision and request to redesignate the
Metro-East area on May 8, 2017. EPA
proposed this action on December 8,
2017 and received two public comments
in response that are not relevant to this
action.
DATES: This final rule is effective March
1, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0277. All
documents in the docket are listed in
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
amozie on DSK30RV082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:58 Feb 28, 2018
Jkt 244001
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Scientist, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is being addressed in this
document?
This rule takes action on the
submission from IEPA, dated May 8,
2017, requesting redesignation of the
Metro-East area to attainment for the
2008 ozone standard. The background
for this action is discussed in detail in
EPA’s proposal, dated December 8, 2017
(82 FR 57892). In that rulemaking, we
noted that, under EPA regulations at 40
CFR part 50, the 2008 ozone NAAQS is
attained in an area when the 3-year
average of the annual fourth highest
daily maximum 8-hour average
concentration is equal to or less than
0.075 parts per million, when truncated
after the thousandth decimal place, at
all of the ozone monitoring sites in the
area. (See 40 CFR 50.15 and appendix
P to 40 CFR part 50.) Under the CAA,
EPA may redesignate nonattainment
areas to attainment if sufficient
complete, quality-assured data are
available to determine that the area has
attained the standard and if it meets the
other CAA redesignation requirements
in section 107(d)(3)(E). The proposed
rule provides a detailed discussion of
how Illinois has met these CAA
requirements.
As discussed in the December 8, 2017,
proposal, quality-assured and certified
monitoring data for 2014–2016 and
preliminary data for 2017 show that the
St. Louis area has attained and
continues to attain the 2008 ozone
standard. In the maintenance plan
submitted for the area, Illinois has
demonstrated that the ozone standard
will be maintained in the area through
2030. Finally, Illinois adopted 2030
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
VOC and NOX MVEBs for the Metro East
portion of the St. Louis area that are
adequate and supported by IEPA’s
maintenance demonstration.
II. What comments did we receive on
the proposed rule?
EPA provided a 30-day review and
comment period for the December 8,
2017, proposed rule. The comment
period ended on January 8, 2018. We
received two comments, which were
related to general concerns about
wildfires and the EPA Administrator.
These comments are not specific to this
action and thus are not addressed here.
III. What action is EPA taking?
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, EPA is determining that the
St. Louis nonattainment area is attaining
the 2008 ozone standard, based on
quality-assured and certified monitoring
data for 2014–2016, and that the MetroEast portion of this area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA is
thus approving IEPA’s request to change
the legal designation of the Metro-East
portion of the St. Louis area from
nonattainment to attainment for the
2008 ozone standard. EPA is also
approving, as a revision to the Illinois
SIP, the state’s maintenance plan for the
area. The maintenance plan is designed
to keep the St. Louis area in attainment
of the 2008 ozone NAAQS through
2030. Finally, EPA finds adequate and
is approving, as a SIP revision, the
newly-established 2030 MVEBs for the
Metro-East area.
In accordance with 5 U.S.C. 553(d),
EPA finds there is good cause for these
actions to become effective immediately
upon publication. This is because a
delayed effective date is unnecessary
due to the nature of a redesignation to
attainment, which relieves the area from
certain CAA requirements that would
otherwise apply to it. The immediate
effective date for this action is
authorized under both 5 U.S.C.
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule ‘‘grants or
recognizes an exemption or relieves a
restriction,’’ and section 553(d)(3),
which allows an effective date less than
30 days after publication ‘‘as otherwise
provided by the agency for good cause
found and published with the rule.’’
The purpose of the 30-day waiting
period prescribed in section 553(d) is to
give affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Rules and Regulations]
[Pages 8752-8756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04184]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0149; FRL-9974-98--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the Maryland Portion of the
Philadelphia-Wilmington-Atlantic City Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City marginal nonattainment area for the 2008 8-
hour ozone national ambient air quality standard (NAAQS). The State of
Maryland submitted the emission inventory, which included the ozone
precursors, nitrogen oxides (NOX) and volatile organic
compounds (VOC), as well as several other pollutants, through the
Maryland Department of the Environment (MDE) to meet the nonattainment
requirements for marginal ozone nonattainment areas for the 2008 8-hour
ozone NAAQS. EPA is approving the 2011 base year NOX and VOC
emissions inventory for the 2008 8-hour ozone NAAQS as a revision to
the Maryland State Implementation Plan (SIP) in accordance with the
requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on April 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0149. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Ground level ozone is formed when NOX and VOC react in
the presence of sunlight. NOX and VOC are referred to as
ozone precursors and are emitted by many types of pollution sources,
including motor vehicles, power plants, industrial facilities, and area
wide sources, such as consumer products and lawn and garden equipment.
Scientific evidence indicates that adverse public health effects occur
following exposure to ozone. These effects are more pronounced in
children and adults with lung disease. Breathing air containing ozone
can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma or other lung diseases. In
response to this scientific evidence, EPA promulgated the first ozone
NAAQS in 1979, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See
44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS
for total photochemical oxidants.
On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08
ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS
was determined to be more protective of public health than the previous
1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
On May 21, 2012, the Philadelphia-Wilmington-Atlantic City area was
designated as marginal nonattainment for the 2008 8-hour ozone NAAQS.
77 FR 30088. The designation of the Philadelphia-Wilmington-Atlantic
City area as marginal nonattainment was effective July 20, 2012. The
Philadelphia-Wilmington-Atlantic City nonattainment area is comprised
of Cecil County in Maryland, as well as counties in Delaware, New
Jersey, and Pennsylvania.
Under sections 172(c)(3) and 182(a)(1) of the CAA, Maryland is
required to submit a comprehensive, accurate, and current inventory of
actual emissions from all sources of the relevant pollutants, i.e. the
ozone precursors NOX and VOC, for the marginal nonattainment
area, i.e., the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area. In order to satisfy the requirements
of CAA sections 172(c)(3) and 182(a)(1), on January 19, 2017, Maryland
formally submitted the 2011 base year inventory for the Maryland
portion of the
[[Page 8753]]
Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008
8-hour ozone NAAQS as a SIP revision (SIP # 16-15).
On September 25, 2017, EPA simultaneously published a notice of
proposed rulemaking (NPR) (82 FR 44544) and a direct final rule (DFR)
(82 FR 44522) approving Maryland's 2011 base year inventory for the
Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS as a SIP revision.
The DFR included an amendment to 40 CFR 52.1070 (identification of
Maryland's SIP) and an amendment to 40 CFR 52.1075 (explanation of
Maryland's base year emissions inventories). EPA received an adverse
comment on the rulemaking and withdrew the DFR prior to the effective
date of November 24, 2017. See 82 FR 54298 (November 17, 2017).
However, in the withdrawal, EPA only withdrew the amendment to 40 CFR
52.1070, which would have added an entry for the ``2011 Base Year
Inventory for the 2008 8-Hour Ozone National Ambient Air Quality
Standard'' to the table under 40 CFR 52.1075(e) (EPA-approved
nonregulatory and quasi-regulatory material). EPA inadvertently did not
withdraw the amendment to 40 CFR 52.1075, which became effective on
November 24, 2017. This provision revised Maryland's SIP to include
paragraph (q) under 40 CFR 52.1075, which described EPA's ``approval''
of Maryland's 2011 base year inventory for the Maryland portion of the
Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008
8-hour ozone NAAQS. Because the addition of 40 CFR 52.1075(q) did not
contain an effective date and this final action approving Maryland's
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone
NAAQS will correctly add 40 CFR 52.1075(q), the earlier effective date
which added 40 CFR 52.1075(q) is harmless. Therefore, no correction is
needed for this harmless early addition. In the NPR, EPA had proposed
to approve the SIP revision, which included Maryland's 2011 base year
inventory for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. In
this final rulemaking, EPA is responding to the comments submitted on
the proposed revision to the Maryland SIP and is approving Maryland's
2011 base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone
NAAQS as a SIP revision. Because 40 CFR 52.1075(q) was prematurely
added by EPA's inadvertent failure to withdraw the amendment to 40 CFR
52.1075 when we withdrew the DFR in the November 17, 2017 withdrawal
Federal Register notice, no further amendment to 40 CFR 52.1075 is
necessary.
II. Summary of SIP Revision and EPA Analysis
Under CAA section 172(c)(3), states are required to submit a
comprehensive, accurate, and current inventory of actual emissions from
all sources (point, nonpoint, nonroad, and onroad) of the relevant
pollutant or pollutants in the nonattainment area. CAA section
182(a)(1) requires that areas designated as nonattainment and
classified as marginal submit an inventory of all sources of ozone
precursors no later than 2 years after the effective date of
designation. EPA's guidance for emissions inventory development calls
for actual emissions to be used in the base year inventory. The state
must report annual emissions as well as ``summer day emissions.'' As
defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an
average day's emissions for a typical summer work weekday. The state
will select the particular month(s) in summer and the day(s) in the
work week to be represented.''
On January 19, 2017, MDE submitted a formal revision (SIP #16-15)
to its SIP. The SIP revision consists of the 2011 base year inventory
for the Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS. MDE selected 2011
as its base year for SIP planning purposes, as recommended in EPA's
final rule, ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements.'' See 80
FR 12263 (March 6, 2015). MDE's 2011 base year inventory includes
emissions estimates covering the general source categories of
stationary point, area (nonpoint), nonroad mobile, onroad mobile, and
Marine-Air-Rail (M-A-R). In its 2011 base year inventory, MDE reported
actual annual emissions and typical summer day emissions for the months
of May through September for NOX, VOC, and carbon monoxide.
MDE also reported annual emissions for fine particulate matter
(PM2.5), sulfur dioxide (SO2), and ammonia
(NH3) In this approval of the 2011 base year emissions
inventory for the 2008 ozone NAAQS, EPA is approving only the portions
of the inventory that relate to the relevant ozone precursors, which
are VOC and NOX.\1\
---------------------------------------------------------------------------
\1\ The actual annual emissions and typical summer day emissions
were summarized by MDE in Table 1-1: 2011 Base Year SIP Emission
Inventory Summary. A discrepancy was found between the area annual
emissions reported for PM2.5 and NH3 in Table
1-1 and the area annual emissions reported for PM2.5 and
NH3 in Table 4-1: 2011 Base Year SIP Area Source Emission
Inventories and the Nonpoint Annual data table under Appendix C
Area/Nonpoint Sources. Since the anthropogenic totals in Table 1-1
correspond to the annual emissions values, the anthropogenic totals
for PM2.5 and NH3 in Table 1-1 were also
affected by the discrepancy. In a correction letter, MDE confirmed
that the area annual emissions for PM2.5 and
NH3 in Table 1-1 are 456.50 tpy for PM2.5 and
477.15 tpy for NH3. MDE also confirmed that the
corresponding anthropogenic totals for PM2.5 and
NH3 are 625.04 tpy and 530.10 tpy. MDE has submitted a
corrected version of page 3 of the 2011 base year inventory to
reflect the necessary corrections to Table 1-1. The corrected
version as well as the correction letter are included in the docket
for this rulemaking even though the CAA at sections 172 and 182 only
require an inventory of ozone precursors. See July 20, 2017 letter
from Brian Hug, Program Manager, Maryland Department of the
Environment to Cecil Rodrigues, Acting Regional Administrator, EPA
Region III, Subject: SIP #16-15 ``2011 Base Year Emissions Inventory
for the Maryland Portion of the Philadelphia-Atlantic City, PA-NJ-
DE-MD 2008 Ozone NAAQS Nonattainment Area (Cecil County, MD) Minor
Corrections.''
---------------------------------------------------------------------------
Table 1 summarizes the 2011 VOC and NOX emission
inventory by source sector for the Maryland portion of the
Philadelphia-Wilmington-Atlantic City nonattainment area. Annual
emissions are given in tons per year (tpy) and summer weekday emissions
are given by tons per day (tpd).
Table 1--Summary of 2011 Emissions of Ozone Precursors for the Philadelphia-Wilmington-Atlantic City
Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Summer weekday (tpd) Annual (tpy)
Source sector ---------------------------------------------------------------
VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Point........................................... 0.301 2.63 64.91 76.19
[[Page 8754]]
Area............................................ 2.863 0.31 937.78 242.02
Nonroad......................................... 5.127 2.01 1,054.93 529.02
Onroad.......................................... 2.29 7.50 791.98 2,730.44
M-A-R........................................... 0.030 0.46 11.03 167.97
---------------------------------------------------------------
Anthropogenic Subtotal...................... 10.61 12.90 2,860.63 3,745.63
----------------------------------------------------------------------------------------------------------------
Point sources are large, stationary, and identifiable sources of
emissions that release pollutants into the atmosphere. Maryland
obtained its point source data from the MDE Air and Radiation
Management Administration (ARMA) point source emissions inventory. ARMA
identifies and inventories stationary sources for the point source
emissions inventory through inspections, investigations, permitting,
and equipment registrations.
Area sources, also known as nonpoint sources, are sources of
pollution that are small and numerous and have not been inventoried as
specific point or mobile sources. To inventory these sources, they are
grouped so that emissions can be estimated collectively using one
methodology. Examples of nonpoint sources include residential heating
emissions and emissions from consumer solvents. MDE calculated nonpoint
emissions for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area by multiplying emissions factors
specific for each source category with some known indicator of
collective activity for each source category, such as population or
employment data.
Nonroad sources are mobile sources other than onroad vehicles. In
its 2011 base year inventory, MDE separated nonroad sources into two
categories: ``Nonroad Model NMIM'' and M-A-R. Nonroad Model NMIM
sources include lawn and garden equipment, airport service equipment,
recreational land vehicles or equipment, recreational marine equipment,
light commercial equipment, industrial equipment, construction
equipment, agricultural or farm equipment, and logging equipment. MDE
relied on EPA's nonroad emissions calculations from the National Mobile
Inventory Model (NMIM- April 5, 2009) to calculate emissions from
sources in the ``Nonroad Model NMIM'' category. M-A-R sources include
railroads, commercial aviation, air taxis, general aviation, military
aviation, and commercial marine vessels. MDE estimated M-A-R emissions
using data from surveyed sources or state and federal reporting
agencies. Onroad or highway sources are vehicles, such as cars, trucks,
and buses, which are operated on public roadways. MDE estimated onroad
emissions for these sources using EPA's Motor Vehicle Emission
Simulator (MOVES) model, version 2010a, and appropriate activity
levels, such as vehicle miles traveled (VMT) estimates developed from
vehicle count data maintained by the State Highway Administration (SHA)
of the Maryland Department of Transportation (MDOT).
EPA reviewed Maryland's 2011 base year emission inventory's
results, procedures, and methodologies for the Maryland portion of the
Philadelphia-Wilmington-Atlantic City nonattainment area and found them
to be acceptable and approvable under CAA sections 110, 172(c)(3) and
182(a)(1) of the CAA. EPA's review and analysis is detailed in a
Technical Support Document (TSD) prepared for this rulemaking. The TSD
is available online at https://www.regulations.gov, Docket ID No. EPA-
R03-OAR-2017-0149. The public comments received on the NPR are
discussed in Section III of this rulemaking action.
III. Public Comments and EPA's Response
EPA received two public comments on our September 25, 2017 proposal
to approve Maryland's 2011 base year inventory for the Maryland portion
of the Philadelphia-Wilmington-Atlantic City nonattainment area for the
2008 8-hour ozone NAAQS. The comment submitted on October 25, 2017, was
not related to this action and will not be addressed here.
Comment: The commenter stated that for a multistate nonattainment
area, EPA cannot approve a single state's emission inventory. Rather,
the commenter believes that EPA must approve a single emission
inventory for the entire nonattainment area instead of taking a
piecemeal approach to act on each individual emissions inventory
submitted by each state for that state's portion of the nonattainment
area. The commenter expressed concern that by approving separate
emission inventories for each state, EPA will not know if all of the
other states are ``within the right limits.''
Response: For ozone nonattainment areas, CAA section 182(a)
specifically provides that ``Each State in which all or part of a
Marginal Area is located shall, with respect to the Marginal Area (or
portion thereof . . .), submit to the Administrator the State
implementation plan revisions . . . described under this subsection.''
CAA section 182(a)(1) requires that ``the State shall submit a
comprehensive, accurate, current inventory of actual emissions from all
sources.'' EPA notes that this requirement to submit a SIP revision
providing for a comprehensive inventory applies to each individual
state, including a state in which only part of a nonattainment area is
located. Each other state that is part of the nonattainment area would
also bear the same requirement and, therefore, the CAA provides for a
comprehensive emission inventory for the entire nonattainment area.
CAA section 110(k) requires the EPA to act on a SIP revision within
a set amount of time of when that SIP revision is submitted. The
requirement is to act on each individual SIP submission. Nothing in the
CAA requires EPA to act on groups of submittals, and likewise, there is
no CAA requirement to act in a single action for SIPs submitted across
an entire nonattainment area. Thus, EPA is appropriately acting to
approve only Maryland's inventory submission for the Maryland portion
of the Philadelphia-Wilmington-Atlantic City nonattainment area for the
2008 8-hour ozone NAAQS.
IV. Final Action
EPA is approving the Maryland SIP revision submitted on January 19,
2017, which is Maryland's 2011 base year
[[Page 8755]]
inventory for the Maryland portion of the Philadelphia-Wilmington-
Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS, as a
revision to the Maryland SIP. This rule, which responds to the adverse
comment received, finalizes our proposed approval of Maryland's 2011
base year inventory for the Maryland portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone
NAAQS.
V. Statutory and Executive Order Reviews
A. General Requirements
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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 April 30, 2018. 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 approving Maryland's 2011 base year inventory for the
Maryland portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2008 8-hour ozone NAAQS may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 15, 2018.
Cosmo Servidio,
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 entry ``2011 Base Year Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard'' at the end of the table to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 Base Year Emissions Maryland portion of 01/19/2017 03/01/2018, Sec. 52.1075(q).
Inventory for the 2008 8-Hour the Philadelphia- [Insert Federal
Ozone National Ambient Air Wilmington- Register
Quality Standard. Atlantic City, PA- citation].
NJ-DE-MD 2008
ozone
nonattainment area.
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[[Page 8756]]
[FR Doc. 2018-04184 Filed 2-28-18; 8:45 am]
BILLING CODE 6560-50-P
