50360 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

State citation Title/subject State 

effective date EPA Approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

Subchapter B—Monitoring Duties of Certain Sources 

General 

*******

Section 

139.53.

Filing monitoring reports ... 04/12/2014 8/1/16 [Insert Federal 

Register citation].

Amends section 139.53. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–18156 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0788; FRL–9949–70– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonable Further 

Progress Plan, Contingency Measures, 

Motor Vehicle Emissions Budgets for 

the Baltimore 1997 8-Hour Ozone 

Serious Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the serious 

nonattainment area reasonable further 

progress (RFP) plan for the Baltimore 

serious nonattainment area for the 1997 

8-hour ozone national ambient air 

quality standard (NAAQS). The SIP 

revision includes 2011 and 2012 RFP 

milestones, contingency measures for 

failure to meet RFP, and updates to the 

2002 base year inventory and the 2008 

reasonable RFP plan previously 

approved by EPA. EPA is also approving 

the transportation conformity motor 

vehicle emissions budgets (MVEBs) 

associated with this revision. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

August 31, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0788. 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 through www.regulations.gov 

or may be viewed during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 2, 2016 (81 FR 26188), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of the ‘‘Baltimore Serious 

Nonattainment Area 0.08 ppm 8-Hour 

Ozone State Implementation Plan 

Demonstrating Rate of Progress for 2008, 

2011 and 2012 Revision to 2002 Base 

Year Emissions; and Serious Area 

Attainment Demonstration, SIP Number: 

13–07,’’ (the Serious Area Plan) 

submitted by the Maryland Department 

of the Environment (MDE) on July 22, 

2013. The SIP revision submittal 

included updates to the 2002 base year 

emissions inventory and 2008 RFP plan 

that EPA previously approved into the 

Maryland SIP, RFP for 2011 and 2012, 

an attainment demonstration, including 

modeling and weight of evidence, RFP 

and attainment contingency measures, a 

reasonably available control measures 

(RACM) determination, and 2012 

MVEBs. After EPA determined 

Baltimore had attained the 1997 8-hour 

ozone standard, Maryland, by letter 

dated October 20, 2015, withdrew the 

attainment demonstration, including 

modeling and weight of evidence, 

contingency measures for attainment, 

and the RACM analysis from 

consideration as a SIP revision. 

Therefore, those elements are not 

addressed in this rulemaking action. 

II. Summary of SIP Revision 

On June 4, 2010, EPA approved 

Maryland’s moderate area RFP that 

provided for a 15 percent (%) emissions 

reduction from 2002 to 2008, contained 

in the Moderate Area Plan. 75 FR 31709. 

Maryland, however, needed to update 

the 2008 target levels for its Serious 

Area Plan because they are the basis for 

the new 2011 and 2012 target level 

calculations for RFP. Maryland also 

needed to update its 2002 base year 

inventory, which is the basis for the 

2008 target levels and its 15% RFP plan. 

In the Serious Area Plan, MDE updated 

its 2002 base year inventory and 15% 

RFP plan, including 2008 target levels, 

to reflect changes to EPA’s approved 

model for on-road mobile sector 

emissions, from the Mobile Source 

Emission Factor Model (MOBILE) to the 

Motor Vehicle Emission Simulator 

(MOVES) model, as well as updates to 

EPA’s NONROAD model. 

Serious 8-hour ozone nonattainment 

areas are subject to RFP requirements in 

section 182(c)(2)(B) of the CAA that 

require an average of 3% per year of 

volatile organic compounds (VOC) and/ 

or oxides of nitrogen (NOX) emissions 

reductions for all remaining 3-year 

periods after the first 6-year period out 

to the area’s attainment date (2008–2011 

and 2011–2012). For a serious area, such 

as the Baltimore Area, with an approved 

15% rate of progress (ROP) plan under 

the 1-hour standard, states can use 

reductions from VOC or NOX or a 

combination of either. The Serious Area 

Plan contains 2011 and 2012 RFP for the 

Baltimore Area, including the 

calculation of 2011 and 2012 target 

levels, 2011 and 2012 projected 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50361 

inventories, and an accounting of the 

emission reductions from permanent 

and enforceable emission control 

measures achieved to meet RFP. The 

Serious Area Plan also includes 

contains contingency measures for 

failure to meet the 2012 RFP milestone. 

Finally, the Serious Area Plan includes 

2012 MVEBs the Baltimore Area, set at 

93.5 tons per day (tpd) NOX and 40.2 

tpd VOC. 

EPA reviewed the RFP plan for the 

Baltimore Area submitted in the Serious 

Area Plan, including updates to the 

2008 RFP target levels previously SIP 

approved by EPA, the 2011 and 2012 

RFP targets levels, control measures 

used to meet RFP, and contingency 

measures for failure to meet the 2012 

RFP target, and found them to be 

approvable. In addition, EPA 

determined that MDE used acceptable 

techniques and methodologies to update 

the 2002 base year and 2008 projected 

inventories, and to develop the 2011 

and 2012 milestone year projected 

inventories and found them approvable. 

Furthermore, EPA has found the 

Baltimore Area’s 2012 MVEBs adequate 

for transportation conformity purposes 

and approvable. For details on EPA’s 

analysis, see the Technical Support 

Documents (TSDs) for this rulemaking 

action, which are available online at 

http://www.regulations.gov, Docket 

number EPA–R03–OAR–2015–0788. 

Other specific requirements of the 

Baltimore Area serious area RFP plan, 

inventories, RFP contingency measures, 

and MVEBs, and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving the updates to the 

2002 base year inventory, updates to the 

2008 RFP plan and associated 2008 

projected emissions inventory, the 2011 

and 2012 RFP plan and associated 

projected emission inventories, the 

contingency measures for failure to meet 

2012 RFP, and the 2012 MVEBs for the 

Baltimore Area submitted in MDE’s July 

22, 2013 Serious Area Plan. The other 

parts of the Serious Area Plan were 

withdrawn by Maryland. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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: 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 

• 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 September 30, 2016. 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, pertaining to the 

Baltimore Area serious RFP plan, 

inventories, RFP contingency measures, 

and MVEBs, 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, 

Ozone, Volatile organic compounds. 


sradovich on DSK3GMQ082PROD with RULES
50362 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

Dated: July 15, 2016. 

Shawn M. Garvin, 

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 the entries 

‘‘Serious Area Reasonable Further 

Progress (RFP) Plan and 2012 RFP 

Contingency Measures,’’ ‘‘Updates to 

the 2002 Base Year Inventory for VOC, 

NOX and CO,’’ and ‘‘2012 

Transportation Conformity Budgets’’ at 

the end of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Serious Area Reasonable Further 

Progress (RFP) Plan and 2012 

RFP Contingency Measures.

Baltimore 1997 8-hour ozone serious nonattainment area.July 22, 2013 .... 8/1/2016 [Insert Federal Register citation].§ 52.1076(cc) 

Updates to the 2002 Base Year 

Inventory for VOC, NOX and 

CO.

Baltimore 1997 8-hour ozone serious nonattainment area.July 22, 2013 .... 8/1/2016 [Insert Federal Register citation].§ 52.1075(p) 

2012 Transportation Conformity 

Budgets.

Baltimore 1997 8-hour ozone serious nonattainment area.July 22, 2013 .... 8/1/2016 [Insert Federal Register citation].§ 52.1076(dd) 

■ 3. Section 52.1075 is amended by 

adding paragraph (p) to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(p) EPA approves, as a revision to the 

Maryland State Implementation Plan, 

updates to the 2002 base year emissions 

inventories previously approved under 

paragraph (i) of this section for the 

Baltimore 1997 8-hour ozone serious 

nonattainment area (Area) submitted by 

the Secretary of the Maryland 

Department of the Environment on July 

22, 2013. This submittal consists of 

updated 2002 base year point, area, nonroad mobile, and on-road mobile source 

inventories in the Area for the following 

pollutants: Volatile organic compounds 

(VOC), carbon monoxide (CO) and 

nitrogen oxides (NOX). 

■ 4. Section 52.1076 is amended by 

adding paragraphs (cc) and (dd) to read 

as follows: 

§ 52.1076 52.1076 Control strategy plans 

for attainment and rate-of-progress: Ozone. 

* * * * * 

(cc) EPA approves revisions to the 

Maryland State Implementation Plan 

consisting of the serious area reasonable 

further progress (RFP) plan for the 

Baltimore 1997 8-hour ozone serious 

nonattainment area, including 2011 and 

2012 RFP milestones, updates to the 

2008 RFP milestones previously 

approved by EPA under paragraph (q) of 

this section, and contingency measures 

for failure to meet 2012 RFP, submitted 

by the Secretary of the Maryland 

Department of the Environment on July 

22, 2013. 

(dd) EPA approves the following 2012 

RFP motor vehicle emissions budgets 

(MVEBs) for the Baltimore 1997 8-hour 

ozone serious nonattainment area, in 

tons per day (tpd) of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX), submitted by the Secretary of the 

Maryland Department of the 

Environment on July 22, 2013: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA

Type of control strategy SIP Year VOC 

(tpd) 

NOX

(tpd) 

Effective date of adequacy determination or 

SIP approval 

Rate of Progress Plan .................................... 2012 40.2 93.5 March 8, 2016 (81 FR 8711), published February 22, 2016. 

[FR Doc. 2016–17781 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0119; FRL–9948–26– 

Region 9] 

Approval of California Air Plan 

Revisions, Modoc County Air Pollution 

Control District, Permit Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Modoc County Air Pollution Control 

District (MCAPCD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

MCAPCD’s administrative and 

procedural requirements to obtain 

preconstruction permits that regulate 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). We are approving local rules under 

the CAA. 

DATES: This rule is effective on 

September 30, 2016 without further 

notice, unless the EPA receives adverse 

comments by August 31, 2016. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0119 at http://

www.regulations.gov, or via email to 

R9airpermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 


sradovich on DSK3GMQ082PROD with RULES