Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Rules and Regulations 30939 

1Final rule signed October 15, 2008. The 1978 

lead standard (1.5 mg/m3 as a quarterly average) 

remains in effect until one year after an area is 

designated for the 2008 standard, except that in 

areas designated nonattainment for the 1978 lead 

standard, the 1978 standard remains in effect until 

implementation plans to attain or maintain the 2008 

standard are approved. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2014–0683, FRL–9928–39– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Infrastructure SIP for the 2008 Lead 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving certain 

elements of New York’s State 

Implementation Plan (SIP) revision 

submitted to demonstrate that the State 

meets the requirements of the Clean Air 

Act (CAA) for the 2008 National 

Ambient Air Quality Standard (NAAQS) 

for lead (Pb). The CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA and is 

commonly referred to as an 

infrastructure SIP. 

DATES: This rule is effective on July 1, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2014–0683. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 either electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. The Air 

Programs Branch dockets are available 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The Air Programs Branch 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–4249, or by email at 

wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the background information? 

II. What comments did EPA receive in 

response to its proposal? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background information? 

On November 12, 2008, EPA 

promulgated a new, rolling 3 month 

average NAAQS for Pb, herein referred 

to as the 2008 Pb NAAQS. See 73 FR 

66964.1 The 2008 Pb NAAQS is 0.15 

micrograms per cubic meter of air (mg/ 

m3) maximum (not-to-be-exceeded). In 

the same action EPA revised the 

secondary Pb NAAQS to be identical in 

all respects to the revised primary 

standard, i.e., 0.15 mg/m3. 

Section 110(a)(1) provides the 

procedural and timing requirements for 

State Implementation Plans (SIPs). 

Section 110(a)(2) lists specific elements 

that states must meet for SIP 

requirements related to a newly 

established or revised NAAQS. Sections 

110(a)(1) and (2) of the CAA require, in 

part, that states submit to EPA plans to 

implement, maintain and enforce each 

of the NAAQS promulgated by EPA. By 

statute, SIPs meeting the requirements 

of section 110(a)(1) and (2) are to be 

submitted by states within three years 

after promulgation of a new or revised 

standard. These SIPs are commonly 

called infrastructure SIPs. Based on the 

October 15, 2008 date of signature for 

the 2008 Pb NAAQS, infrastructure SIPs 

for the 2008 Pb NAAQS were due on 

October 15, 2011. 

EPA is acting on New York’s SIP 

submittal dated October 13, 2011, as 

supplemented on February 24, 2012, 

which addresses the section 110 

infrastructure requirements for the 2008 

Pb NAAQS. Two elements identified in 

section 110(a)(2) are not governed by the 

three year submission deadline of 

section 110(a)(1) because SIPs 

incorporating necessary local 

nonattainment area controls are not due 

within three years after promulgation of 

a new or revised NAAQS, but rather due 

at the time that the nonattainment area 

plan requirements are due pursuant to 

CAA section 191. (See also CAA section 

172 for general nonattainment plan 

requirements). These requirements are: 

(1) Submissions required by section 

110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in 

part D Title I of the CAA, and (2) 

submissions required by section 

110(a)(2)(I) which pertain to the 

nonattainment planning requirements of 

part D, Title I of the CAA. 

As a result, this action does not 

address the nonattainment area plan 

requirements related to section 

110(a)(2)(C) or 110(a)(2)(I). 

II. What comments did EPA receive in 

response to its proposal? 

On December 15, 2014 (79 FR 74046), 

EPA proposed to approve New York’s 

SIP submittal addressing the section 110 

infrastructure requirements for the 2008 

Pb NAAQS. EPA received one adverse 

comment on the December 15, 2014 

proposal. A synopsis of the adverse 

comment, as well as EPA’s response is 

discussed below. 

Comment: EPA must disapprove 

element C with regard to Prevention of 

Significant Deterioration (PSD) unless 

New York has the PM2.5 increments 

approved into its PSD SIP. As you may 

know, EPA’s position is the issue of 

PM2.5 increments is relevant even if this 

is a lead infrastructure SIP. 

Response: Element C requires that 

each infrastructure SIP contain a 

permitting program ‘‘as required by part 

C.’’ CAA title I part C is applicable to 

all pollutants subject to regulation 

under the CAA. See, e.g., CAA section 

165(a)(4). After further review EPA 

agrees that Element C is not restricted to 

only those provisions of CAA title I part 

C that pertain to the particular new or 

revised NAAQS addressed by the 

particular infrastructure SIP action. 

Because the scope of CAA title I part C 

is comprehensive (covering all 

pollutants subject to regulation under 

the CAA, including GHG), the EPA 

likewise reads the unrestricted reference 

to CAA title I part C in Element C to 

mean that this provision has the same 

scope as CAA title I part C itself. Thus, 

a fully approved comprehensive PSD 

program addressing all regulated 

pollutants is needed in order to approve 

the infrastructure SIP for any one 

pollutant. 

NYSDEC has adopted and submitted 

to EPA for approval into its SIP, a PSD 

program that includes PM2.5 increments. 

However, the PM2.5 increments have not 

yet been approved by EPA. EPA will 

defer taking final action approving New 

York’s infrastructure SIP submission 

with respect to the PSD program 

requirements in sections 110(a)(2)(C), 

(D)(i)(II) prong 3, and (J) until EPA has 

approved, or simultaneously approves 

New York’s adopted PSD program. 

III. What action is EPA taking? 

EPA is approving New York’s 

submittal as fully meeting the 

infrastructure requirements for the 2008 


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30940 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Rules and Regulations 

primary Pb NAAQS for all section 

110(a)(2) elements and sub-elements, as 

follows: (A), (B), (D)(i)(I) prongs 1 and 

2, D(i)(II) prong 4, (E), (F), (G), (H), (K), 

(L), and (M). EPA is not finalizing action 

on 110(a)(2) elements and sub-elements, 

as follows: (C), (D)(i)(II) prong 3, and (J). 

EPA is not acting on New York’s 

submittal as it relates to nonattainment 

provisions, the NSR program required 

by part D in section 110(a)(2)(C) and the 

measures for attainment required by 

section 110(a)(2)(I), as part of the 

infrastructure SIPs because the State’s 

infrastructure SIP submittal does not 

include nonattainment requirements 

and EPA will act on them when, if 

necessary, they are submitted. 

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 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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). 

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 July 31, 2015. 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 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, 

Lead, Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: May 8, 2015. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATON PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. In § 52.1670(e), the table titled 

‘‘EPA-Approved New York 

Nonregulatory and Quasi-Regulatory 

Provisions’’ is amended by adding the 

entry ‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2008 Primary Pb 

NAAQS’’ at the end of table, to read as 

follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS 

Action/SIP element Applicable geographic 

or nonattainment area 

New York submittal 

date EPA approval date Explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2008 

Primary Pb NAAQS.

Statewide ................... 10/13/11, and supplemented on 2/24/12.6/1/15, ........................

[Insert FR citation] .....

This action addresses the following CAA elements: 110(a)(2)(A), (B), (D)(i)(I) prongs 1 

and 2, D(i)(II) prong 4, (E), (F), (G), (H), 

(K), (L), and (M). 


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Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Rules and Regulations 30941 

1For a detailed explanation of the calculation of 

the 3-year 8-hour average, see 40 CFR part 50, 

Appendix I. 

2EPA issued its proposal to determine that the 

Baltimore Area was attaining the 2008 ozone 

NAAQS pursuant to 40 CFR 51.918, EPA’s Clean 

Data Policy under the 1997 8-hour ozone 

implementation rule. On April 6, 2015, EPA’s plan 

implementing the 2008 ozone NAAQS became 

effective, thereby replacing 40 CFR 51.918 with 40 

CFR 51.1118, a functionally identical provision for 

purposes of this action. See 40 CFR 51.919. 

3The April 22, 2015 letter from MDE is available 

in the docket for this rulemaking under docket 

number EPA–R03–OAR–2014–0884. 

[FR Doc. 2015–13029 Filed 5–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0884; FRL–9928–42– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Determination of Attainment 

of the 2008 8-Hour Ozone National 

Ambient Air Quality Standard for the 

Baltimore, Maryland Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making the 

determination that the Baltimore, 

Maryland Moderate Nonattainment Area 

(Baltimore Area) has attained the 2008 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

determination is based upon complete, 

quality-assured, and certified ambient 

air quality monitoring data that shows 

the Baltimore Area has monitored 

attainment of the 2008 8-hour ozone 

NAAQS for the 2012–2014 monitoring 

period. As a result of this determination, 

the requirement for the Baltimore Area 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), reasonable 

further progress plans (RFP), 

contingency measures, and other State 

Implementation Plan (SIP) revisions 

related to attainment of the standard are 

suspended for as long as the area 

continues to attain the 2008 8-hour 

ozone standard. 

DATES: This final rule is effective on July 

1, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0884. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA revised both 

the primary and secondary NAAQS for 

ozone to a level of 0.075 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over three 

years) to provide increased protection of 

public health and the environment. 73 

FR 16436 (March 27, 2008).1 The 2008 

ozone NAAQS retains the same general 

form and averaging time as the 0.08 

ppm NAAQS set in 1997, but is set at 

a more protective level. On May 21, 

2012 (77 FR 30088), effective July 20, 

2012, EPA designated as nonattainment 

any area that was violating the 2008 8- 

hour ozone NAAQS based on the three 

most recent years (2008–2010) of air 

monitoring data. The Baltimore Area 

(specifically, Anne Arundel County, 

Baltimore City, Baltimore County, 

Carroll County, Harford County, and 

Howard County) was designated as a 

moderate ozone nonattainment area. See 

40 CFR 81.321. Moderate areas are 

required to attain the 2008 8-hour ozone 

NAAQS by no later than six years after 

the effective date of designations, or July 

20, 2018. See 40 CFR 51.903. Air quality 

monitoring data from the 2012–2014 

monitoring period indicate that the 

Baltimore Area is now attaining the 

2008 8-hour ozone NAAQS. On March 

18, 2015 (80 FR 14041), EPA published 

a notice of proposed rulemaking (NPR), 

which proposed to determine that the 

Baltimore Area has attained the 2008 8- 

hour ozone NAAQS. Public comments 

were received on the NPR. Summaries 

of the comments as well as EPA’s 

responses are in section III of this 

rulemaking notice. 

Under the provisions of 40 CFR 

51.1118,2 also known as EPA’s Clean 

Data Policy, a determination by EPA 

that an area is attaining the relevant 

standard (through a rulemaking that 

includes public notice and comment) 

suspends the area’s obligations to 

submit an attainment demonstration, 

RACM, RFP, contingency measures and 

other planning requirements related to 

attainment of the 2008 8-hour ozone 

NAAQS for as long as the area continues 

to attain the standard. This suspension 

remains in effect until such time, if ever, 

that EPA (i) redesignates the area to 

attainment at which time those 

requirements no longer apply, or (ii) 

subsequently determines that the area 

has violated the 2008 8-hour ozone 

NAAQS. Although these requirements 

are suspended, EPA remains obligated 

under section 110(k)(2) to act upon 

these elements at any time if submitted 

to EPA for review and approval. On 

April 22, 2015, the Maryland 

Department of the Environment (MDE) 

sent correspondence to EPA indicating 

its intent to submit an attainment SIP 

for the 2008 8-hour ozone NAAQS.3

This determination of attainment is not 

equivalent to a redesignation under 

section 107(d)(3) of the CAA. The 

designation status of the Baltimore Area 

will remain nonattainment for the 2008 

8-hour ozone NAAQS until such time as 

EPA determines that the Area meets the 

Clean Air Act (CAA) requirements for 

redesignation to attainment, including 

an approved maintenance plan. 

Additionally, the determination of 

attainment is separate from, and does 

not influence or otherwise affect, any 

future designation determination or 

requirements for the Baltimore Area 

based on any new or revised ozone 

NAAQS, and it remains in effect 

regardless of whether EPA designates 

this Area as a nonattainment area for 

purposes of any new or revised ozone 

NAAQS. Finally, this determination 

does not relieve other CAA 

requirements that are not related to 

attainment planning and achievement of 

the NAAQS, such as an emissions 

inventory as required by CAA section 

172(c)(3) or a nonattainment area 

permitting program pursuant to CAA 

sections 172(c)(5) and 173. 

II. EPA’s Evaluation 

EPA has reviewed the complete, 

quality-assured and certified ozone 

ambient air monitoring data for the 

monitoring period for 2012–2014 for the 

Baltimore Area. The design values for 

each monitor for the years 2012–2014 

are less than or equal to 0.075 ppm 

which is the 2008 ozone NAAQS level, 

and all monitors meet the data 

completeness requirements (see Table 


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