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]

Download as PDF 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)). amozie on DSK30RV082PROD with RULES 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] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:58 Feb 28, 2018 Jkt 244001 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] PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\01MRR1.SGM 01MRR1 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations 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 amozie on DSK30RV082PROD with RULES 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 VerDate Sep<11>2014 17:58 Feb 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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.’’ E:\FR\FM\01MRR1.SGM 01MRR1 8754 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations 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 ............................................................................ amozie on DSK30RV082PROD with RULES 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 VerDate Sep<11>2014 17:58 Feb 28, 2018 Jkt 244001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MRR1.SGM 01MRR1 8755 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations 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 amozie on DSK30RV082PROD with RULES * * 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. Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 VerDate Sep<11>2014 C. Petitions for Judicial Review EPA approval date Additional explanation * 01/19/2017 * 03/01/2018, [Insert Federal Register citation]. * § 52.1075(q). E:\FR\FM\01MRR1.SGM 01MRR1 8756 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations [FR Doc. 2018–04184 Filed 2–28–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION 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]


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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.''
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    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.
----------------------------------------------------------------------------------------------------------------


[[Page 8756]]

[FR Doc. 2018-04184 Filed 2-28-18; 8:45 am]
 BILLING CODE 6560-50-P
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