Air Plan Approval; Maryland; Baltimore Area Base Year Inventory for the 2015 Ozone National Ambient Air Quality Standards, 61075-61077 [2021-23975]
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
State
effective
date
EPA
effective
date
I. Volatile Organic Compound Emissions from Oil and
Gas Operations.
2/14/2020
II. Statewide Controls for Oil and Gas Operations ......
III. Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas Operations.
Title
61075
Final rule citation/date
Comments
12/6/2021
[insert Federal Register
citation], 11/5/2021.
2/14/2020
12/6/2021
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 2/13/2008. Substantive
changes to Section XII; state-only provisions excluded, approved 7/3/2018. Substantive changes
approved 11/5/2021 except no action on Sections
I.D., I.E., I.F. and I.J.1.
Substantive changes to II.C., II.C.1., II.C.1.b.(ii)-(B),
and II.F approved 11/5/2021.
Substantive changes to III.-III.B.3., III.B.5., III.B.7.III.C.2.c.(ii), III.D.–III.D.2.b., III.D.3.b., and III.E.–
III.E.2.c. approved 11/5/2021.
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and Major Source RACT
I. Control of Emissions from Engines ..........................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
II. Control of Emissions from Stationary and Portable
Engines and Other Combustion Equipment in the
8-Hour Ozone Control Area.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
III. Control of Emissions from Specific Major Sources
of VOC and/or NOx in the 8-Hour Ozone Control
Area.
IV. Control of Emissions from Breweries in the 8-hour
Ozone Control Area.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 8/19/2005 and 12/31/2012;
nonsubstantive changes to sections XVI.A.–C. 7/3/
2018; substantive changes approved 2/24/2021,
except sections XVI.D.4.b.(i) and XVI.D.4.d. Section XVII.E.3.a. from the Regional Haze SIP approved in SIP. Previous SIP approval 12/31/2012;
nonsubstantive changes approved 2/24/2021 and
11/5/2021.
Previous SIP approvals 8/19/2005 and 12/31/2012;
nonsubstantive changes to approved7/3/2018;
substantive changes approved 2/24/2021 except
sections XVI.D.4.b.(i) and XVI.D.4.d. Substantive
changes approved 11/5/2021.
New section approved in SIP 2/24/2021. Substantive
changes approved 11/5/2021.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
New section approved in SIP 2/24/2021. Nonsubstantive changes approved 11/5/2021.
*
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[FR Doc. 2021–24026 Filed 11–4–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0017; FRL–9091–02–
R3]
Air Plan Approval; Maryland; Baltimore
Area Base Year Inventory for the 2015
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
formally submitted by the State of
Maryland. This revision consists of the
base year inventory for the Baltimore,
Maryland marginal nonattainment area
(Baltimore Area) for the 2015 ozone
national ambient air quality standards
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
December 6, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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SUMMARY:
VerDate Sep<11>2014
16:17 Nov 04, 2021
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*
*
Number EPA–R03–OAR–2021–0017. 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:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION: On July
30, 2020, the Maryland Department of
the Environment (MDE), on behalf of the
State of Maryland, submitted a revision
to the Maryland SIP entitled, ‘‘2015 8Hour Ozone NAAQS (0.070 ppm)
Marginal Area State Implementation
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
*
*
Plan for the Baltimore, MD
Nonattainment Area, SIP #20–08.’’ This
SIP revision, referred to in this rule
action as the ‘‘Baltimore base year
inventory SIP,’’ addresses the base year
inventory requirement for the 2015
ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 parts per
million (ppm) to 0.070 ppm. 80 FR
65292 (October 26, 2015). Effective
August 3, 2018, EPA designated the
Baltimore Area, consisting of Anne
Arundel, Baltimore, Carroll, Harford,
and Howard Counties and the City of
Baltimore, all in Maryland, as marginal
nonattainment for the 2015 ozone
NAAQS. 83 FR 25776 (June 4, 2018).
CAA section 182(a)(1) requires ozone
nonattainment areas classified as
marginal or above to submit a
comprehensive, accurate, current
inventory of actual emissions from all
emissions sources in the nonattainment
area, known as a ‘‘base year inventory.’’
The Baltimore base year inventory SIP
addresses a base year inventory
requirement for the Baltimore Area.
E:\FR\FM\05NOR1.SGM
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61076
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
II. Summary of SIP Revision and EPA
Analysis
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A. EPA’s Evaluation of the Baltimore
Base Year Inventory SIP
EPA’s review of Maryland’s base year
inventory SIP for the Baltimore Area
indicates that it meets the base year
inventory requirements for the 2015
ozone NAAQS. As required by 40 CFR
51.1315(a), MDE selected 2017 for the
base year inventory, which is consistent
with the baseline year for the reasonable
further progress (RFP) plan because it is
the year of the most recent triennial
inventory. MDE included actual ozone
season emissions, pursuant to 40 CFR
51.1315(c).
EPA prepared a Technical Support
Document (TSD) in support of this rule.
In that TSD, EPA reviewed the results,
procedures, and methodologies for the
SIP base year, and found them to be
acceptable and developed in accordance
with EPA’s technical guidance. The TSD
is available online at https://
www.regulations.gov, Docket ID No.
EPA–R03–OAR–2021–0017.
B. Base Year Inventory Requirements
In EPA’s December 6, 2018 (83 FR
62998) rule, ‘‘Implementation of the
2015 National Ambient Air Quality
Standards for Ozone: Nonattainment
Area State Implementation Plan
Requirements,’’ known as the ‘‘SIP
Requirements Rule,’’ EPA set out
nonattainment area requirements for the
2015 ozone NAAQS. The SIP
Requirements Rule established base year
inventory requirement, which were
codified at 40 CFR 51.1315. As required
by 40 CFR 51.1315(a), each 2015 ozone
nonattainment area to submit a base
year inventory within 2 years of
designation, i.e., by no later than August
3, 2020.
Also, 40 CFR 51.1315(a) requires that
the inventory year be selected consistent
with the baseline year for the RFP plan
as required by 40 CFR 51.1310(b), which
states that the baseline emissions
inventory shall be the emissions
inventory for the most recent calendar
year for which a complete triennial
inventory is required to be submitted to
EPA under the provisions of subpart A
of 40 CFR part 51, Air Emissions
Reporting Requirements, 40 CFR 51.1–
50. The most recent triennial inventory
year conducted for the National
Emissions Inventory (NEI) pursuant to
the Air Emissions Reporting
Requirements (AERR) rule is 2017. 73
FR 76539 (December 17, 2008).
Maryland selected 2017 as their baseline
emissions inventory year for RFP. This
selection comports with EPA’s
implementation regulations for the 2015
VerDate Sep<11>2014
16:17 Nov 04, 2021
Jkt 256001
ozone NAAQS because 2017 is the
inventory year. 40 CFR 51.1310(b).1
Further, 40 CFR 51.1315(c) requires
emissions values included in the base
year inventory to be actual ozone season
day emissions as defined by 40 CFR
51.1300(q), which sates: Ozone season
day emissions means an average day’s
emissions for a typical ozone season
work weekday. The state shall select,
subject to EPA approval, the particular
month(s) in the ozone season and the
day(s) in the work week to be
represented, considering the conditions
assumed in the development of RFP
plans and/or emissions budgets for
transportation conformity.
C. Baltimore Base Year Inventory SIP
The Baltimore base year inventory SIP
contains an explanation of MDE’s 2017
base year emissions inventory for
Baltimore (2017 Baltimore BYE) for
stationary, non-point, non-road, and onroad anthropogenic sources, as well as
biogenic sources, in the Baltimore Area.
MDE estimated anthropogenic
emissions for volatile organic
compound (VOC), nitrogen oxide (NOX),
and carbon monoxide (CO) for a typical
ozone season workweek day.
MDE developed the 2017 Baltimore
BYE with the following source
categories of anthropogenic emissions
sources: Point, quasi-point, non-point,
non-road, on-road, biogenic, and
commercial marine vessels, airport, and
railroad emissions sources (MAR).
Appendix A of the Baltimore base year
inventory SIP, 2017 Base Year SIP
Emissions Inventory Methodologies
(Appendix A), sets out the
methodologies MDE used to develop its
base year inventory.2
EPA’s review of Maryland’s base year
inventory SIP for the Baltimore Area
indicates that it meets the base year
inventory requirements for the 2015
ozone NAAQS. Other specific
requirements of MDE’s July 30, 2020
submittal and the rationale for EPA’s
proposed action, including further
information on each source category, are
1 On January 29, 2021, the Court of Appeals for
the D.C. Circuit issued its decision regarding
multiple challenges to EPA’s implementation rule
for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing
states to use an alternative baseline year for RFP.
Sierra Club v. EPA, No. 15–1465 (D.C. Cir.)
(mandate not yet issued). The other provisions of
EPA’s ozone implantation rule at issue in the case
are not relevant for this rule.
2 The Appendix A—2017 Base Year SIP Emission
Inventory Methodologies, submitted with the 2015
8-Hour Ozone NAAQS Marginal Area State
Implementation Plan for the Baltimore, MD
Nonattainment Area is included in the docket for
this rule available online at https://
www.regulations.gov, Docket ID: EPA–R03–OAR–
2021–0017.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
explained in the notice of proposed
rulemaking (NPRM) and will not be
restated here. No public comments were
received on the NPRM.
III. Final Action
EPA’s review of this material
indicates the Baltimore base year
inventory SIP meets the base year
inventory requirement for the 2015
ozone NAAQS for the Baltimore Area.
Therefore, EPA is approving the
Baltimore base year inventory SIP,
which was submitted on July 30, 2020.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
E:\FR\FM\05NOR1.SGM
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
• 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 final rule, approving
Maryland’s base year inventory SIP for
the 2015 ozone NAAQS, 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.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59; DA 21–1240; FRS
54669]
Consumer and Governmental Affairs
Bureau Announces Interim Usage
Charges for the Reassigned Numbers
Database
Federal Communications
Commission.
ACTION: Interim action.
AGENCY:
The Consumer and
Governmental Affairs Bureau (Bureau)
of the Federal Communications
Commission (FCC or Commission)
announces the initial interim usage
charges for subscriptions to the
Reassigned Numbers Database
beginning November 1, 2021. Callers
and caller agents will be able to use the
Database to determine whether a
telephone number has been reassigned
from the consumer they intend to reach,
thus allowing them to avoid calling
consumers with reassigned numbers
who may not wish to receive their call.
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16:17 Nov 04, 2021
Jkt 256001
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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
‘‘Baltimore Area Base Year Inventory for
the 2015 Ozone National Ambient Air
Quality Standards’’ at the end of the
table to read as follows:
■
§ 52.1070
*
State
submittal
date
*
7/30/20
*
*
The Baltimore Area consists of Anne
Arundel, Baltimore, Carroll, Harford,
and Howard Counties and the City of
Baltimore.
This document does not contain any
new or modified information collection
requirements subject to the Paperwork
Fmt 4700
Sfmt 4700
*
*
11/5/21, [insert
Federal Register
citation].
Paperwork Reduction Act of 1995
Analysis
Frm 00035
*
Additional explanation
The initial interim usage charges
for subscriptions to the Reassigned
Numbers Database were applicable
beginning November 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Karen Schroeder, Associate Division
Chief, Consumer Policy Division,
Consumer and Governmental Affairs
Bureau at (202) 418–0654 or via email
at Karen.Schroeder@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Public Notice, DA 21–
1240, CG Docket No. 17–59, released on
October 1, 2021. The full text of this
document is available online at https://
www.fcc.gov/document/fcc-announcesinterim-usage-charges-reassignednumbers-data. To request this document
in accessible formats for people with
disabilities (e.g., Braille, large print,
electronic files, audio format) or to
request reasonable accommodations
(e.g., accessible format documents, sign
language interpreters, CART), send an
email to fcc504@fcc.gov or call the
FCC’s Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice).
PO 00000
Identification of plan.
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(e) * * *
EPA approval date
DATES:
BILLING CODE 6560–50–P
VerDate Sep<11>2014
Dated: October 19, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
*
Baltimore Area in
Maryland.
[FR Doc. 2021–23975 Filed 11–4–21; 8:45 am]
SUMMARY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Nitrogen dioxide, Volatile
organic compounds.
Applicable
geographic area
Name of non-regulatory SIP revision
*
*
Baltimore Area Base Year Inventory for
the 2015 Ozone National Ambient Air
Quality Standards.
List of Subjects in 40 CFR Part 52
61077
Reduction Act of 1995, Public Law 104–
13. It, therefore, does not contain any
new or modified information collection
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Business Paperwork Relief
Act of 2002, Public Law 107–198, see 44
U.S.C. 3506(c)(4).
Synopsis
1. In this document, the Consumer
and Governmental Affairs Bureau
(Bureau) announces the initial interim
usage charges for subscriptions to the
Reassigned Numbers Database (Database
or RND). After a successful beta test, the
Database was available for full use on
November 1, 2021.
2. Subscription Tiers and Rates. The
RND will offer six subscription tiers:
Extra Small, Small, Medium, Large,
Extra Large, and Jumbo, as summarized
in the table below and further detailed
in the Appendix. Those wishing to use
the RND may sign up for a one-month
subscription, a three-month
subscription, or a six-month
subscription. The RND Administrator
(Administrator) expects to offer an
annual subscription option in the
future, as well.
E:\FR\FM\05NOR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61075-61077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23975]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0017; FRL-9091-02-R3]
Air Plan Approval; Maryland; Baltimore Area Base Year Inventory
for the 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the State of
Maryland. This revision consists of the base year inventory for the
Baltimore, Maryland marginal nonattainment area (Baltimore Area) for
the 2015 ozone national ambient air quality standards (NAAQS). This
action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on December 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0017. 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: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On July 30, 2020, the Maryland Department of
the Environment (MDE), on behalf of the State of Maryland, submitted a
revision to the Maryland SIP entitled, ``2015 8-Hour Ozone NAAQS (0.070
ppm) Marginal Area State Implementation Plan for the Baltimore, MD
Nonattainment Area, SIP #20-08.'' This SIP revision, referred to in
this rule action as the ``Baltimore base year inventory SIP,''
addresses the base year inventory requirement for the 2015 ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS,
lowering the level of the NAAQS from 0.075 parts per million (ppm) to
0.070 ppm. 80 FR 65292 (October 26, 2015). Effective August 3, 2018,
EPA designated the Baltimore Area, consisting of Anne Arundel,
Baltimore, Carroll, Harford, and Howard Counties and the City of
Baltimore, all in Maryland, as marginal nonattainment for the 2015
ozone NAAQS. 83 FR 25776 (June 4, 2018). CAA section 182(a)(1) requires
ozone nonattainment areas classified as marginal or above to submit a
comprehensive, accurate, current inventory of actual emissions from all
emissions sources in the nonattainment area, known as a ``base year
inventory.'' The Baltimore base year inventory SIP addresses a base
year inventory requirement for the Baltimore Area.
[[Page 61076]]
II. Summary of SIP Revision and EPA Analysis
A. EPA's Evaluation of the Baltimore Base Year Inventory SIP
EPA's review of Maryland's base year inventory SIP for the
Baltimore Area indicates that it meets the base year inventory
requirements for the 2015 ozone NAAQS. As required by 40 CFR
51.1315(a), MDE selected 2017 for the base year inventory, which is
consistent with the baseline year for the reasonable further progress
(RFP) plan because it is the year of the most recent triennial
inventory. MDE included actual ozone season emissions, pursuant to 40
CFR 51.1315(c).
EPA prepared a Technical Support Document (TSD) in support of this
rule. In that TSD, EPA reviewed the results, procedures, and
methodologies for the SIP base year, and found them to be acceptable
and developed in accordance with EPA's technical guidance. The TSD is
available online at https://www.regulations.gov, Docket ID No. EPA-R03-
OAR-2021-0017.
B. Base Year Inventory Requirements
In EPA's December 6, 2018 (83 FR 62998) rule, ``Implementation of
the 2015 National Ambient Air Quality Standards for Ozone:
Nonattainment Area State Implementation Plan Requirements,'' known as
the ``SIP Requirements Rule,'' EPA set out nonattainment area
requirements for the 2015 ozone NAAQS. The SIP Requirements Rule
established base year inventory requirement, which were codified at 40
CFR 51.1315. As required by 40 CFR 51.1315(a), each 2015 ozone
nonattainment area to submit a base year inventory within 2 years of
designation, i.e., by no later than August 3, 2020.
Also, 40 CFR 51.1315(a) requires that the inventory year be
selected consistent with the baseline year for the RFP plan as required
by 40 CFR 51.1310(b), which states that the baseline emissions
inventory shall be the emissions inventory for the most recent calendar
year for which a complete triennial inventory is required to be
submitted to EPA under the provisions of subpart A of 40 CFR part 51,
Air Emissions Reporting Requirements, 40 CFR 51.1-50. The most recent
triennial inventory year conducted for the National Emissions Inventory
(NEI) pursuant to the Air Emissions Reporting Requirements (AERR) rule
is 2017. 73 FR 76539 (December 17, 2008). Maryland selected 2017 as
their baseline emissions inventory year for RFP. This selection
comports with EPA's implementation regulations for the 2015 ozone NAAQS
because 2017 is the inventory year. 40 CFR 51.1310(b).\1\ Further, 40
CFR 51.1315(c) requires emissions values included in the base year
inventory to be actual ozone season day emissions as defined by 40 CFR
51.1300(q), which sates: Ozone season day emissions means an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in the
ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans and/
or emissions budgets for transportation conformity.
---------------------------------------------------------------------------
\1\ On January 29, 2021, the Court of Appeals for the D.C.
Circuit issued its decision regarding multiple challenges to EPA's
implementation rule for the 2015 ozone NAAQS which included, among
other things, upholding this provision allowing states to use an
alternative baseline year for RFP. Sierra Club v. EPA, No. 15-1465
(D.C. Cir.) (mandate not yet issued). The other provisions of EPA's
ozone implantation rule at issue in the case are not relevant for
this rule.
---------------------------------------------------------------------------
C. Baltimore Base Year Inventory SIP
The Baltimore base year inventory SIP contains an explanation of
MDE's 2017 base year emissions inventory for Baltimore (2017 Baltimore
BYE) for stationary, non-point, non-road, and on-road anthropogenic
sources, as well as biogenic sources, in the Baltimore Area. MDE
estimated anthropogenic emissions for volatile organic compound (VOC),
nitrogen oxide (NOX), and carbon monoxide (CO) for a typical
ozone season workweek day.
MDE developed the 2017 Baltimore BYE with the following source
categories of anthropogenic emissions sources: Point, quasi-point, non-
point, non-road, on-road, biogenic, and commercial marine vessels,
airport, and railroad emissions sources (MAR). Appendix A of the
Baltimore base year inventory SIP, 2017 Base Year SIP Emissions
Inventory Methodologies (Appendix A), sets out the methodologies MDE
used to develop its base year inventory.\2\
---------------------------------------------------------------------------
\2\ The Appendix A--2017 Base Year SIP Emission Inventory
Methodologies, submitted with the 2015 8-Hour Ozone NAAQS Marginal
Area State Implementation Plan for the Baltimore, MD Nonattainment
Area is included in the docket for this rule available online at
https://www.regulations.gov, Docket ID: EPA-R03-OAR-2021-0017.
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EPA's review of Maryland's base year inventory SIP for the
Baltimore Area indicates that it meets the base year inventory
requirements for the 2015 ozone NAAQS. Other specific requirements of
MDE's July 30, 2020 submittal and the rationale for EPA's proposed
action, including further information on each source category, are
explained in the notice of proposed rulemaking (NPRM) and will not be
restated here. No public comments were received on the NPRM.
III. Final Action
EPA's review of this material indicates the Baltimore base year
inventory SIP meets the base year inventory requirement for the 2015
ozone NAAQS for the Baltimore Area. Therefore, EPA is approving the
Baltimore base year inventory SIP, which was submitted on July 30,
2020.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
[[Page 61077]]
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 final rule, approving Maryland's base year
inventory SIP for the 2015 ozone NAAQS, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Nitrogen dioxide, Volatile organic
compounds.
Dated: October 19, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 ``Baltimore Area Base Year Inventory for the 2015 Ozone
National Ambient Air Quality Standards'' at the end of the table to
read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Baltimore Area Base Year Baltimore Area in 7/30/20 11/5/21, [insert The Baltimore Area
Inventory for the 2015 Ozone Maryland. Federal Register consists of Anne
National Ambient Air Quality citation]. Arundel,
Standards. Baltimore,
Carroll, Harford,
and Howard
Counties and the
City of Baltimore.
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[FR Doc. 2021-23975 Filed 11-4-21; 8:45 am]
BILLING CODE 6560-50-P
