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 Baltimore, Maryland Nonattainment Area, 39365-39369 [2018-16992]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
sradovich on DSK3GMQ082PROD with RULES
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
VerDate Sep<11>2014
15:49 Aug 08, 2018
Jkt 244001
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone
surrounding a fireworks display on
Milwaukee Harbor in Lake Michigan. It
is categorically excluded from further
review under paragraph L[60(a)] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0724 to read as
follows:
■
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
39365
§ 165.T09–0724 Safety Zone; Discovery
World Fireworks, Milwaukee Harbor,
Milwaukee WI.
(a) Location. All navigable waters
within a 100-yard radius of 43°01.980′
N, 087°53.580 W.
(b) Effective and enforcement period.
This rule is effective and will be
enforced from 9 p.m. through 11 p.m. on
August 11, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or an
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan or an
on-scene representative.
Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–17069 Filed 8–8–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0396; FRL–9981–
96—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
Baltimore, Maryland Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
E:\FR\FM\09AUR1.SGM
09AUR1
39366
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision for
the 2011 base year inventory for the
Baltimore, Maryland moderate
nonattainment area for the 2008 8-hour
ozone national ambient air quality
standard (NAAQS). The State of
Maryland submitted the emission
inventory through the Maryland
Department of the Environment (MDE)
to meet the nonattainment requirements
for moderate ozone nonattainment areas
for the 2008 8-hour ozone NAAQS. EPA
is approving the 2011 base year
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
September 10, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0396. 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:
Brian Rehn, (215) 814–2176, or by email
at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
I. Background
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 1hour ozone NAAQS. See 44 FR 8202
(February 8, 1979). In 2008, EPA revised
the 8-hour ozone NAAQS from 0.08 to
0.075 ppm. See 73 FR 16436 (March 27,
2008).1
On May 21, 2012, the Baltimore,
Maryland area was designated as
moderate nonattainment for the 2008 81 On October 1, 2015, EPA strengthened the 8hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
(October 16, 2015). This rulemaking addresses the
2008 8-hour ozone NAAQS and does not address
the 2015 8-hour ozone NAAQS.
VerDate Sep<11>2014
15:49 Aug 08, 2018
Jkt 244001
hour ozone NAAQS. 77 FR 30088. The
designation of the Baltimore, Maryland
area as moderate nonattainment was
effective July 20, 2012. The Baltimore,
Maryland nonattainment area is
comprised of Anne Arundel County,
Baltimore County, Baltimore City,
Carroll County, Harford County, and
Howard County. Under section 172(c)(3)
of the CAA, Maryland is required to
submit a comprehensive, accurate, and
current inventory of actual emissions
from all sources of the relevant
pollutants in its moderate
nonattainment area.
On October 3, 2017 (82 FR 46010 and
82 FR 45997), EPA simultaneously
published a notice of proposed
rulemaking (NPR) and a direct final rule
(DFR) for the State of Maryland
approving the SIP revision. EPA
received adverse comments on the
rulemaking and withdrew the DFR prior
to the effective date of December 4,
2017. 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 emissions
inventory for the 2008 8-hour ozone
NAAQS.
II. Summary of SIP Revision and EPA
Analysis
Under CAA section 172(c)(3), states
are required to submit a comprehensive,
accurate, and current account of actual
emissions from all sources (point,
nonpoint, nonroad, and onroad) in the
nonattainment area. CAA section
182(a)(1) and (b) requires that areas
designated as nonattainment and
classified as moderate submit an
inventory of all sources of ozone
precursors no later than 2 years after the
effective date of designation.
On December 30, 2016, MDE
submitted a formal revision (SIP #16–
16) to its SIP. The SIP revision consists
of the 2011 base year inventory for the
Baltimore, Maryland nonattainment area
for the 2008 8-hour ozone NAAQS. In
accordance with EPA’s requirements for
ozone SIP planning, ‘‘Implementation of
the 2008 National Ambient Air Quality
Standards for Ozone: State
Implementation Plan Requirements,’’
MDE selected 2011 for its base year
emissions inventory. 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), quasipoint, nonroad mobile, onroad mobile,
and Marine-Air-Rail (M–A–R).
EPA reviewed Maryland’s 2011 base
year emission inventory’s results,
procedures, and methodologies for the
Baltimore, Maryland moderate
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
nonattainment area and found them to
meet the applicable requirements for
approval under sections 110, 172(c)(3)
and 182(a)(1) and (b) of the CAA.
Other specific requirements of
Maryland’s 2011 base year emissions
inventory for the 2008 8-hour ozone
NAAQS and the rationale for EPA’s
proposed action are explained in the
prior direct final rule (DFR) and its
accompanying NPR and will not be
restated here. EPA received public
comments on the NPR that will be
addressed in section III of this
rulemaking.
III. Response to Comments
During the comment period, EPA
received several anonymous comments
on this rulemaking. EPA is responding
to the comments submitted specific to
this action on the proposed revision to
the Maryland SIP. All other comments
received were not specific to this action
and thus are not addressed here.
Comment 1: The Commenter claims
Maryland assumed Stage II controls
were in effect even though the State has
‘‘exercised enforcement discretion for
new and existing sources effectively
eliminating all reductions from any
[Stage II] controls.’’ Commenter
provides a memorandum from MDE’s
Air & Radiation Management
Administration (ARMA) titled ‘‘Stage II
Vapor Recovery Systems—Enforcement
Discretion Policy (March 20, 2014).’’
Response 1: EPA notes that
Maryland’s 2011 base year emissions
inventory analysis for the 2008 ozone
NAAQS was performed for calendar
year 2011 using 2011 emissions data.
Maryland continued to implement and
enforce the Stage II program prior to
issuance of MDE’s enforcement policy
on March 6, 2014, suspending state
enforcement of the program from that
time forward. Maryland intended to
subsequently repeal the Stage II rule and
to submit to EPA a SIP revision to
remove the program from the SIP.
Maryland submitted a SIP revision to
EPA to remove the Stage II program
from the SIP on August 28, 2017.
However, the Stage II program was in
operation and was being enforced in
2011. Therefore, EPA believes Maryland
correctly estimated its 2011 emission
inventory to include the Stage II
program as an implemented, enforceable
emission control measure. Therefore,
EPA finds Maryland correctly estimated
its emissions inventory to reflect Stage
II as a control measure in place in the
2011 base year inventory period.
Comment 2: Commenter claims that
the emissions calculations for ‘‘Open
Burning—Land Clearing’’ uses an ozone
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
season of only 92 days, which is not
even half of the full ozone season.
Response 2: Maryland chose to use
the peak ozone period of June to August
(92 days) for the ‘‘Open Burning—Land
Clearing’’ emissions calculations as
their ozone season.2 Under EPA’s
‘‘Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter National Ambient Air
Quality Standards (NAAQS) and
Regional Haze Regulations (July 2017),’’
the state shall ‘‘select the representative
months and work week days to include
in the calculation of the ozone season
day emissions. The temporal basis for
these emissions should be
representative of the conditions leading
to nonattainment, as recommended by
the state.’’ 3 EPA finds that Maryland’s
calculations in the 2016 SIP submittal
comply with the current guidance in
choosing to select June to August as the
ozone season for the ‘‘Open Burning—
Land Clearing’’ emissions calculations,
as Maryland states these months are
typically peak ozone season.
Comment 3: Maryland assumed that
‘‘commercial and industrial sources
only operated 6 days a week instead of
7.’’ Commenter notes that ‘‘nothing in
Maryland prevents businesses from
operating 7 days a week and so
Maryland should have used 7 days a
week.’’
Response 3: While Commenter is not
specific as to which commercial and
industrial sources are of concern, EPA’s
Emission Inventory Improvement
Program (EIIP) guidance (May 2001)
provides flexibility in the operation
days. For example, the guidance for
solvent cleaning operations states,
‘‘Daily variations may apply for some of
the industries. Some industries operate
seven days per week, others only five
days. Some industries are likely to
operate two or three shifts per day,
others may only have one.’’ Therefore,
‘‘the default value of uniform activity
through the year is six days per week.’’ 4
EPA finds that Maryland performed the
calculations in accordance with the EIIP
guidance.5
Comment 4: Commenter claims
Maryland’s inspection and maintenance
(I/M) program is improperly represented
in the emission modeling parameters
selected by Maryland in the Motor
Vehicle Emission Simulator (MOVES)
2 See
EPA–R03–OAR–2017–0396–0005, page 109.
https://www.epa.gov/sites/production/files/
2017-07/documents/ei_guidance_may_2017_final_
rev.pdf, page 72.
4 See https://www.epa.gov/sites/production/files/
2015-08/documents/iii06fin.pdf, page 6.3–9.
5 See https://www.epa.gov/air-emissionsinventories/air-emissions-inventory-improvementprogram-eiip for all EIIP technical reports.
3 See
VerDate Sep<11>2014
15:49 Aug 08, 2018
Jkt 244001
modeling used to estimate the highway
mobile source emissions portion of the
emission inventory, which are used to
calculate emissions benefits from the
I/M program. The commenter claims
MOVES parameters for I/M program
coverage incorrectly included an I/M
program motorist compliance rate of
over 96% when the state is known to
‘‘have a large number of (vehicle)
failures that never return to get
rechecked.’’ Additionally, the
commenter states that ‘‘Maryland allows
for almost 6 months of extensions after
first testing and finding a problem that
has to be fixed. This means that if a car
is failing in the second half of the year
it is possible to have a violating vehicle
for the rest of the year meaning
compliance is not achieved.’’
Commenter would like EPA to require
Maryland to use actual I/M data
collected by the Maryland program to be
used to set the I/M program parameters
of the MOVES model instead of MOVES
default parameters as this would reduce
the reductions attributed to the I/M
program and change the area’s overall
emissions inventory.
Response 4: The I/M program motorist
compliance rate is represented by the
number of complying vehicles (i.e.,
vehicles with a confirmed final I/M test
outcome, either passing the test or
receiving a waiver from doing so)
divided by the number of vehicles
subject to testing in the area × 100.
Maryland collects statistics for its
Vehicle Emissions Inspection Program
(VEIP) on an ongoing basis, and per a
requirement of the federal requirements
for I/M programs, annually reports
program summary data to EPA for the
prior calendar year. For purposes of the
2011 base year inventory, the relevant
I/M annual report from Maryland to
EPA was submitted on August 15, 2012,
representing calendar year 2011.6 For
2011, MDE reported that a total of
1,562,895 vehicles were tested under
the VEIP program. Of these, 1,424,557
vehicles initially passed and 138,338
vehicles failed the VEIP test. Of the
initial failures, 14,442 ultimately
received a test ‘‘waiver’’ outcome after
spending money for repairs up to a limit
established by the VEIP program (but
still not passing a test). Therefore, a total
of 1,438,99 out of 1,562,895 vehicles
received some form of final VEIP test
outcome (either a passing test or a
waiver) by the end of calendar year
2011, for a 92% compliance rate.
However, Maryland calculated an
6 See
Maryland’s I/M annual report for calendar
year 2011, dated July 2012, as submitted to EPA
from MDE via letter to Brian Rehn from Marcia
Ways, dated July 15, 2012.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
39367
overall 97% I/M program motorist
compliance rate for the 2011 calendar
year, when taking into account vehicles
that received legally granted compliance
extensions, but received a final outcome
by the following July.7 Maryland’s 2011
I/M report tracks outcomes for these
delayed compliance vehicles from the
end of 2011 through July 2012 and
factors them into an adjusted
compliance rate for calendar year 2011.
In doing so, MDE has attempted to
account for many of the initially failing
vehicles in the 2011 calendar year that
did not receive a final I/M test outcome
by the end of 2011. Taking into account
these late complying vehicles, as well as
vehicles that were identified as having
been scrapped or relocated outside the
I/M program area, MDE’s calculated
motorist compliance rate reached 96%,
very near to the compliance rate
assumed by MDE in the MOVES
modeling performed to support the 2011
base year emission inventory.8 EPA
finds that the MDE made a reasonable
estimate of I/M program motorist
compliance rate for its base year
inventory. Based on our review of statereported 2011 I/M program data, EPA
disagrees with the Commenter that the
I/M program motorist compliance rate
assumed by MDE for the base year
inventory was not achieved in practice.
See 40 CFR part 51.351(12).
Comment 5: Commenter requests that
EPA fully evaluate all calculations to
ensure Maryland has used the proper
methodologies and assumptions.
Response 5: EPA has reviewed the
stationary point source, area source,
highway mobile, and nonroad mobile
source sector emissions estimates for the
2011 base year inventory and is satisfied
that MDE has followed the appropriate
guidelines and used the latest available
information to support its base year
inventory estimates. EPA has reviewed
the 2011 base year inventory for the
Baltimore, Maryland moderate
nonattainment area for the 2008 8-hour
ozone NAAQS and finds that Maryland
has followed the guidance for a base
year inventory submission.
IV. Final Action
EPA is approving the Maryland SIP
revision which includes the 2011 base
year inventory for the 2008 8-hour
ozone NAAQS for the Baltimore,
Maryland moderate nonattainment area
because the inventory was prepared in
accordance with requirements in
sections 110, 172(c)(3) and 182(a)(1) and
7 See Maryland’s July 2012 IM Annual Report to
EPA, dated July 2012, pages 4–17 for further details
on MD’s motorist compliance rate, based on actual
2011 I/M program data.
8 See EPA–R03–OAR–2017–0396–0005, page 261.
E:\FR\FM\09AUR1.SGM
09AUR1
39368
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
(b) of the CAA and its implementing
regulations including 40 CFR 51.915.
After receipt of adverse public
comment on our prior direct final rule,
EPA published an action to withdrawal
the direct final rule (82 FR 66611,
November 22, 2017). This withdrawal
occurred prior to the effective date for
the direct final action, preventing 40
CFR 52.1075(r) from being added to the
SIP through the direct final action. With
this final rule, EPA is now adding 40
CFR 52.1075(r) to Maryland’s SIP.
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 October 9, 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 2008 8hour ozone NAAQS for the Baltimore,
Maryland moderate nonattainment area
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 26, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding an entry for
‘‘2011 Base Year Emissions 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) * * *
*
*
EPA APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
sradovich on DSK3GMQ082PROD with RULES
Name of nonregulatory
SIP revision
Applicable
geographic
area
*
*
2011 Base Year Emissions Inventory for the 2008 8-Hour Ozone
National Ambient Air Quality
Standard.
VerDate Sep<11>2014
15:49 Aug 08, 2018
State submittal
date
*
*
Baltimore, Maryland 2008 Ozone
Moderate Nonattainment Area.
Jkt 244001
PO 00000
Frm 00046
Fmt 4700
12/30/2016
Sfmt 4700
EPA approval date
Additional
explanation
*
*
8/9/2018 [Insert Federal Register
citation].
*
See § 52.1075(r).
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
3. Section 52.1075 is amended by
adding paragraph (r) to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(r) EPA approves as a revision to the
Maryland state implementation plan the
2011 base year emissions inventory for
the Baltimore, Maryland moderate
nonattainment area for the 2008 8-hour
ozone national ambient air quality
standards submitted by the Maryland
Department of the Environment on
December 30, 2016. The 2011 base year
emissions inventory includes emissions
estimates that cover the general source
categories of stationary point, quasipoint, area (nonpoint), nonroad mobile,
onroad mobile, and Marine-Air-Rail (M–
A–R). The inventory includes actual
annual emissions and typical summer
day emissions for the months of May
through September for the ozone
precursors, VOC and NOX.
[FR Doc. 2018–16992 Filed 8–8–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0918; FRL–9981–95–
OAR]
Air Quality Designations for the 2012
Primary Annual Fine Particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) for Areas in Florida
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is establishing initial air
quality designations for the 2012
primary annual fine particle (PM2.5)
National Ambient Air Quality Standard
(NAAQS) for the remaining
undesignated areas in the state of
Florida. When the EPA designated the
majority of areas in the country for this
NAAQS in December 2014 and March
2015, the EPA deferred initial area
designations for certain areas, including
all of the Florida, because the EPA
could not determine using available
data whether the areas were meeting or
not meeting the NAAQS. In August
2016, the EPA designated most of the
state of Florida (62 of 67 counties).
Following the August 2016 designation
action, two areas (five counties) in
Florida remained undesignated. The
EPA could not determine at that time
whether the areas were meeting or not
meeting the NAAQS. Florida has now
submitted complete, quality-assured,
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:49 Aug 08, 2018
Jkt 244001
and certified air quality monitoring data
for the period 2015–2017 for the areas
identified in this action. Based on these
data, the EPA is designating the
remaining five counties as
unclassifiable/attainment for the 2012
primary annual PM2.5 NAAQS.
DATES: This final rule is effective on
September 10, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2012–0918. All
documents in the docket are listed in
the index at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
i.e., 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
electronically in the docket or in hard
copy at the EPA Docket Center, William
Jefferson Clinton West Building, Room
3334, 1301 Constitution Avenue NW,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744 and the telephone number for
the Air Docket is (202) 566–1742.
In addition, the EPA has established
a website for the rulemakings to initially
designate areas for the 2012 primary
annual PM2.5 NAAQS at: https://
www.epa.gov/particle-pollutiondesignations. This website includes the
EPA’s final PM2.5 designations actions,
as well as state and tribal initial
recommendation letters, the EPA’s
modification letters, technical support
documents, responses to comments and
other related technical information.
FOR FURTHER INFORMATION CONTACT: For
general questions concerning this
action, please contact: Carla Oldham,
U.S. EPA, Office of Air Quality Planning
and Standards, Air Quality Policy
Division, C539–04, Research Triangle
Park, NC 27711, telephone (919) 541–
3347, email at oldham.carla@epa.gov.
The Region 4 contact is Madolyn
Sanchez, U.S. EPA, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960, telephone (404) 562–9644,
email at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012, the EPA
promulgated a revised primary annual
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
39369
PM2.5 NAAQS to provide increased
protection of public health from fine
particle pollution (78 FR 3086; January
15, 2013). In that action, the EPA
strengthened the primary annual PM2.5
standard from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3,
which is attained when the 3-year
average of the annual arithmetic means
does not exceed 12.0 mg/m3. Section
107(d) of the Clean Air Act (CAA), 42
U.S.C. 7407(d), governs the process for
initial area designations after the EPA
establishes a new or revised NAAQS.
Under CAA section 107(d), each
governor is required to, and each tribal
leader may, if they so choose,
recommend air quality designations to
the EPA by a date that cannot be later
than 1 year after the promulgation of a
new or revised NAAQS. The EPA
considers these recommendations as
part of its duty to promulgate the area
designations and boundaries for the new
or revised NAAQS. If, after careful
consideration of these
recommendations, the EPA believes that
it is necessary to modify a state’s
recommendation and intends to
promulgate a designation different from
a state’s recommendation, the EPA must
notify the state at least 120 days prior
to promulgating the final designation
and the EPA must provide the state an
opportunity to demonstrate why any
proposed modification is inappropriate.
These modifications may relate either to
an area’s designation or to its
boundaries.
On December 18, 2014, the
Administrator of the EPA signed a final
action promulgating initial designations
for the 2012 PM2.5 NAAQS for the
majority of the United States, including
areas of Indian country (80 FR 2206 FR;
January 15, 2015). In that action, the
EPA also deferred initial area
designations for certain areas where
available data, including air quality
monitoring data, were insufficient to
determine whether the area met or did
not meet the NAAQS, but where
forthcoming data were likely to result in
complete and valid air quality data
sufficient to determine whether these
areas meet the NAAQS. Accordingly,
the EPA stated that it would use the
additional time available as provided
under section 107(d)(1)(B) of the CAA to
assess relevant information and
subsequently promulgate initial
designations for the identified areas
through a separate rulemaking action or
actions. The deferred areas included the
entire state of Tennessee, except three
counties in the Chattanooga area;
several areas in the state of Georgia,
including two neighboring counties in
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Rules and Regulations]
[Pages 39365-39369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16992]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0396; FRL-9981-96--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 Baltimore, Maryland Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 39366]]
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision for the 2011 base year inventory for
the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour
ozone national ambient air quality standard (NAAQS). The State of
Maryland submitted the emission inventory through the Maryland
Department of the Environment (MDE) to meet the nonattainment
requirements for moderate ozone nonattainment areas for the 2008 8-hour
ozone NAAQS. EPA is approving the 2011 base year 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 September 10, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0396. 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: Brian Rehn, (215) 814-2176, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
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. See 44 FR 8202 (February 8, 1979). In 2008,
EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR
16436 (March 27, 2008).\1\
---------------------------------------------------------------------------
\1\ On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS
to 0.070 ppm. See 80 FR 65292 (October 16, 2015). This rulemaking
addresses the 2008 8-hour ozone NAAQS and does not address the 2015
8-hour ozone NAAQS.
---------------------------------------------------------------------------
On May 21, 2012, the Baltimore, Maryland area was designated as
moderate nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088.
The designation of the Baltimore, Maryland area as moderate
nonattainment was effective July 20, 2012. The Baltimore, Maryland
nonattainment area is comprised of Anne Arundel County, Baltimore
County, Baltimore City, Carroll County, Harford County, and Howard
County. Under section 172(c)(3) of the CAA, Maryland is required to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutants in its moderate
nonattainment area.
On October 3, 2017 (82 FR 46010 and 82 FR 45997), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the State of Maryland approving the SIP
revision. EPA received adverse comments on the rulemaking and withdrew
the DFR prior to the effective date of December 4, 2017. 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
emissions inventory for the 2008 8-hour ozone NAAQS.
II. Summary of SIP Revision and EPA Analysis
Under CAA section 172(c)(3), states are required to submit a
comprehensive, accurate, and current account of actual emissions from
all sources (point, nonpoint, nonroad, and onroad) in the nonattainment
area. CAA section 182(a)(1) and (b) requires that areas designated as
nonattainment and classified as moderate submit an inventory of all
sources of ozone precursors no later than 2 years after the effective
date of designation.
On December 30, 2016, MDE submitted a formal revision (SIP #16-16)
to its SIP. The SIP revision consists of the 2011 base year inventory
for the Baltimore, Maryland nonattainment area for the 2008 8-hour
ozone NAAQS. In accordance with EPA's requirements for ozone SIP
planning, ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' MDE
selected 2011 for its base year emissions inventory. 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), quasi-point, nonroad mobile, onroad mobile, and
Marine-Air-Rail (M-A-R).
EPA reviewed Maryland's 2011 base year emission inventory's
results, procedures, and methodologies for the Baltimore, Maryland
moderate nonattainment area and found them to meet the applicable
requirements for approval under sections 110, 172(c)(3) and 182(a)(1)
and (b) of the CAA.
Other specific requirements of Maryland's 2011 base year emissions
inventory for the 2008 8-hour ozone NAAQS and the rationale for EPA's
proposed action are explained in the prior direct final rule (DFR) and
its accompanying NPR and will not be restated here. EPA received public
comments on the NPR that will be addressed in section III of this
rulemaking.
III. Response to Comments
During the comment period, EPA received several anonymous comments
on this rulemaking. EPA is responding to the comments submitted
specific to this action on the proposed revision to the Maryland SIP.
All other comments received were not specific to this action and thus
are not addressed here.
Comment 1: The Commenter claims Maryland assumed Stage II controls
were in effect even though the State has ``exercised enforcement
discretion for new and existing sources effectively eliminating all
reductions from any [Stage II] controls.'' Commenter provides a
memorandum from MDE's Air & Radiation Management Administration (ARMA)
titled ``Stage II Vapor Recovery Systems--Enforcement Discretion Policy
(March 20, 2014).''
Response 1: EPA notes that Maryland's 2011 base year emissions
inventory analysis for the 2008 ozone NAAQS was performed for calendar
year 2011 using 2011 emissions data. Maryland continued to implement
and enforce the Stage II program prior to issuance of MDE's enforcement
policy on March 6, 2014, suspending state enforcement of the program
from that time forward. Maryland intended to subsequently repeal the
Stage II rule and to submit to EPA a SIP revision to remove the program
from the SIP. Maryland submitted a SIP revision to EPA to remove the
Stage II program from the SIP on August 28, 2017. However, the Stage II
program was in operation and was being enforced in 2011. Therefore, EPA
believes Maryland correctly estimated its 2011 emission inventory to
include the Stage II program as an implemented, enforceable emission
control measure. Therefore, EPA finds Maryland correctly estimated its
emissions inventory to reflect Stage II as a control measure in place
in the 2011 base year inventory period.
Comment 2: Commenter claims that the emissions calculations for
``Open Burning--Land Clearing'' uses an ozone
[[Page 39367]]
season of only 92 days, which is not even half of the full ozone
season.
Response 2: Maryland chose to use the peak ozone period of June to
August (92 days) for the ``Open Burning--Land Clearing'' emissions
calculations as their ozone season.\2\ Under EPA's ``Emissions
Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze
Regulations (July 2017),'' the state shall ``select the representative
months and work week days to include in the calculation of the ozone
season day emissions. The temporal basis for these emissions should be
representative of the conditions leading to nonattainment, as
recommended by the state.'' \3\ EPA finds that Maryland's calculations
in the 2016 SIP submittal comply with the current guidance in choosing
to select June to August as the ozone season for the ``Open Burning--
Land Clearing'' emissions calculations, as Maryland states these months
are typically peak ozone season.
---------------------------------------------------------------------------
\2\ See EPA-R03-OAR-2017-0396-0005, page 109.
\3\ See https://www.epa.gov/sites/production/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf, page 72.
---------------------------------------------------------------------------
Comment 3: Maryland assumed that ``commercial and industrial
sources only operated 6 days a week instead of 7.'' Commenter notes
that ``nothing in Maryland prevents businesses from operating 7 days a
week and so Maryland should have used 7 days a week.''
Response 3: While Commenter is not specific as to which commercial
and industrial sources are of concern, EPA's Emission Inventory
Improvement Program (EIIP) guidance (May 2001) provides flexibility in
the operation days. For example, the guidance for solvent cleaning
operations states, ``Daily variations may apply for some of the
industries. Some industries operate seven days per week, others only
five days. Some industries are likely to operate two or three shifts
per day, others may only have one.'' Therefore, ``the default value of
uniform activity through the year is six days per week.'' \4\ EPA finds
that Maryland performed the calculations in accordance with the EIIP
guidance.\5\
---------------------------------------------------------------------------
\4\ See https://www.epa.gov/sites/production/files/2015-08/documents/iii06fin.pdf, page 6.3-9.
\5\ See https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-improvement-program-eiip for all EIIP technical
reports.
---------------------------------------------------------------------------
Comment 4: Commenter claims Maryland's inspection and maintenance
(I/M) program is improperly represented in the emission modeling
parameters selected by Maryland in the Motor Vehicle Emission Simulator
(MOVES) modeling used to estimate the highway mobile source emissions
portion of the emission inventory, which are used to calculate
emissions benefits from the I/M program. The commenter claims MOVES
parameters for I/M program coverage incorrectly included an I/M program
motorist compliance rate of over 96% when the state is known to ``have
a large number of (vehicle) failures that never return to get
rechecked.'' Additionally, the commenter states that ``Maryland allows
for almost 6 months of extensions after first testing and finding a
problem that has to be fixed. This means that if a car is failing in
the second half of the year it is possible to have a violating vehicle
for the rest of the year meaning compliance is not achieved.''
Commenter would like EPA to require Maryland to use actual I/M data
collected by the Maryland program to be used to set the I/M program
parameters of the MOVES model instead of MOVES default parameters as
this would reduce the reductions attributed to the I/M program and
change the area's overall emissions inventory.
Response 4: The I/M program motorist compliance rate is represented
by the number of complying vehicles (i.e., vehicles with a confirmed
final I/M test outcome, either passing the test or receiving a waiver
from doing so) divided by the number of vehicles subject to testing in
the area x 100. Maryland collects statistics for its Vehicle Emissions
Inspection Program (VEIP) on an ongoing basis, and per a requirement of
the federal requirements for I/M programs, annually reports program
summary data to EPA for the prior calendar year. For purposes of the
2011 base year inventory, the relevant I/M annual report from Maryland
to EPA was submitted on August 15, 2012, representing calendar year
2011.\6\ For 2011, MDE reported that a total of 1,562,895 vehicles were
tested under the VEIP program. Of these, 1,424,557 vehicles initially
passed and 138,338 vehicles failed the VEIP test. Of the initial
failures, 14,442 ultimately received a test ``waiver'' outcome after
spending money for repairs up to a limit established by the VEIP
program (but still not passing a test). Therefore, a total of 1,438,99
out of 1,562,895 vehicles received some form of final VEIP test outcome
(either a passing test or a waiver) by the end of calendar year 2011,
for a 92% compliance rate. However, Maryland calculated an overall 97%
I/M program motorist compliance rate for the 2011 calendar year, when
taking into account vehicles that received legally granted compliance
extensions, but received a final outcome by the following July.\7\
Maryland's 2011 I/M report tracks outcomes for these delayed compliance
vehicles from the end of 2011 through July 2012 and factors them into
an adjusted compliance rate for calendar year 2011. In doing so, MDE
has attempted to account for many of the initially failing vehicles in
the 2011 calendar year that did not receive a final I/M test outcome by
the end of 2011. Taking into account these late complying vehicles, as
well as vehicles that were identified as having been scrapped or
relocated outside the I/M program area, MDE's calculated motorist
compliance rate reached 96%, very near to the compliance rate assumed
by MDE in the MOVES modeling performed to support the 2011 base year
emission inventory.\8\ EPA finds that the MDE made a reasonable
estimate of I/M program motorist compliance rate for its base year
inventory. Based on our review of state-reported 2011 I/M program data,
EPA disagrees with the Commenter that the I/M program motorist
compliance rate assumed by MDE for the base year inventory was not
achieved in practice. See 40 CFR part 51.351(12).
---------------------------------------------------------------------------
\6\ See Maryland's I/M annual report for calendar year 2011,
dated July 2012, as submitted to EPA from MDE via letter to Brian
Rehn from Marcia Ways, dated July 15, 2012.
\7\ See Maryland's July 2012 IM Annual Report to EPA, dated July
2012, pages 4-17 for further details on MD's motorist compliance
rate, based on actual 2011 I/M program data.
\8\ See EPA-R03-OAR-2017-0396-0005, page 261.
---------------------------------------------------------------------------
Comment 5: Commenter requests that EPA fully evaluate all
calculations to ensure Maryland has used the proper methodologies and
assumptions.
Response 5: EPA has reviewed the stationary point source, area
source, highway mobile, and nonroad mobile source sector emissions
estimates for the 2011 base year inventory and is satisfied that MDE
has followed the appropriate guidelines and used the latest available
information to support its base year inventory estimates. EPA has
reviewed the 2011 base year inventory for the Baltimore, Maryland
moderate nonattainment area for the 2008 8-hour ozone NAAQS and finds
that Maryland has followed the guidance for a base year inventory
submission.
IV. Final Action
EPA is approving the Maryland SIP revision which includes the 2011
base year inventory for the 2008 8-hour ozone NAAQS for the Baltimore,
Maryland moderate nonattainment area because the inventory was prepared
in accordance with requirements in sections 110, 172(c)(3) and
182(a)(1) and
[[Page 39368]]
(b) of the CAA and its implementing regulations including 40 CFR
51.915.
After receipt of adverse public comment on our prior direct final
rule, EPA published an action to withdrawal the direct final rule (82
FR 66611, November 22, 2017). This withdrawal occurred prior to the
effective date for the direct final action, preventing 40 CFR
52.1075(r) from being added to the SIP through the direct final action.
With this final rule, EPA is now adding 40 CFR 52.1075(r) to Maryland's
SIP.
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 October 9, 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
2008 8-hour ozone NAAQS for the Baltimore, Maryland moderate
nonattainment area 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: July 26, 2018.
Cecil Rodrigues,
Acting 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 an
entry for ``2011 Base Year Emissions 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) * * *
EPA Approved Non-Regulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
Name of non- regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 Base Year Emissions Baltimore, 12/30/2016 8/9/2018 [Insert See Sec. 52.1075(r).
Inventory for the 2008 8-Hour Maryland 2008 Federal Register
Ozone National Ambient Air Ozone Moderate citation].
Quality Standard. Nonattainment
Area.
----------------------------------------------------------------------------------------------------------------
[[Page 39369]]
0
3. Section 52.1075 is amended by adding paragraph (r) to read as
follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(r) EPA approves as a revision to the Maryland state implementation
plan the 2011 base year emissions inventory for the Baltimore, Maryland
moderate nonattainment area for the 2008 8-hour ozone national ambient
air quality standards submitted by the Maryland Department of the
Environment on December 30, 2016. The 2011 base year emissions
inventory includes emissions estimates that cover the general source
categories of stationary point, quasi-point, area (nonpoint), nonroad
mobile, onroad mobile, and Marine-Air-Rail (M-A-R). The inventory
includes actual annual emissions and typical summer day emissions for
the months of May through September for the ozone precursors, VOC and
NOX.
[FR Doc. 2018-16992 Filed 8-8-18; 8:45 am]
BILLING CODE 6560-50-P
