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[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30208-30212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12230]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0819; FRL-9674-5]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Baltimore Nonattainment Area Determinations of Attainment of 
the 1997 Annual Fine Particulate Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking action to finalize two separate and independent 
determinations regarding the fine particulate matter (PM2.5) 
nonattainment area of Baltimore (hereafter referred to as the 
``Baltimore Area'' or ``Area''). First, EPA is determining that the 
Baltimore Area has attained the 1997 annual PM2.5 National 
Ambient Air Quality Standard (NAAQS) under the Clean Air Act (CAA). 
This determination is based upon complete, quality-assured, and 
certified ambient air monitoring data for the 2008-2010 monitoring 
period showing that the Area has monitored attainment of the 1997 
annual PM2.5 NAAQS, and data available to date for 2011 in 
EPA's Air Quality System (AQS) database showing that the Area continues 
to attain. Under EPA's PM2.5 implementation regulations, 
this final determination suspends obligation of the Area to submit an 
attainment demonstration and associated reasonably available control 
measures and reasonably available control technologies (RACM/RACT), a 
reasonable further progress (RFP) plan, contingency measures, and other 
planning State Implementation Plan (SIP) revisions related to the 
attainment of the standard for so long as the Area continues to attain 
the 1997 annual PM2.5 NAAQS. EPA is also determining, based 
on complete quality-assured and certified monitoring data for the 2007-
2009 monitoring period, that the Area attained the 1997 annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010. In addition, EPA is withdrawing its July 31, 2009 (74 FR 38161) 
proposed determination of attainment for the Baltimore Area, because 
more recent monitoring data has become available. EPA is finalizing a 
determination of attainment for the Baltimore Area, in accordance with 
the requirements of the (CAA).

DATES: This final rule is effective on June 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0819. 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: Emlyn V[eacute]lez-Rosa, (215) 814-
2038, or by email at velez-rosa.emlyn@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. What is EPA's analysis of the relevant air quality data?
III. Summary of Public Comment and EPA Response
IV. Final Action

I. Background

    On July 18, 1997 (62 FR 36852), EPA established a health-based 
PM2.5 NAAQS at 15.0 micrograms per cubic meter ([micro]g/
m\3\) based on a 3-year average of annual mean PM2.5 
concentrations (hereafter referred to as ``the annual PM2.5 
NAAQS'' or ``the annual standard''). At that time, EPA also established 
a 24-hour standard of 65 [micro]g/m\3\ (the ``1997 24-hour standard''). 
See 40 CFR 50.7. On January 5, 2005 (70 FR 944), EPA published its air 
quality designations and classifications for the 1997 PM2.5 
NAAQS based upon air quality monitoring data from those monitors for 
calendar years 2001-2003. These designations became effective on April 
5, 2005. The Baltimore Area was designated nonattainment for the 1997 
PM2.5 NAAQS during this designations process. See 40 CFR 
81.321 (Maryland).
    On October 17, 2006 (71 FR 61144), EPA retained the 1997 annual 
PM2.5 NAAQS at 15.0 [micro]g/m\3\ based on a 3-year average 
of annual mean PM2.5 concentrations, and promulgated a 24-
hour standard of 35 [micro]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations (the ``2006 24-hour standard''). 
On November 13, 2009, EPA designated the Baltimore

[[Page 30209]]

Area as attainment for the 2006 24-hour standard. In that action, EPA 
also clarified the designations for the PM2.5 NAAQS 
promulgated in 1997, stating that the Baltimore Area was attainment for 
the 1997 24-hour standard (74 FR 58688). Today's action, however, does 
not address either the 1997 or the 2006 24-hour standard.
    In response to legal challenges of the annual standard promulgated 
in 2006, the U.S. Court of Appeals for the District of Columbia Circuit 
(DC Circuit) remanded this standard to EPA for further consideration. 
See American Farm Bureau Federation and National Pork Producers 
Council, et al. v. EPA, 559 F.3d 512 (DC Cir. 2009). However, given 
that the 1997 and 2006 annual standards are essentially identical, 
attainment of the 1997 annual standard would also indicate attainment 
of the remanded 2006 annual standard.
    On April 25, 2007 (72 FR 20664), EPA promulgated its 
PM2.5 implementation rule, codified at 40 CFR part 51, 
subpart Z, in which EPA provided guidance for state and tribal plans to 
implement the 1997 PM2.5 standard. This rule, at 40 CFR 
51.1004(c), specifies some of the regulatory consequences of attaining 
the standard, as discussed later.
    Under CAA section 179(c), EPA is required to make a determination 
that a PM2.5 nonattainment area has attained by its 
applicable attainment date, and publish that determination in the 
Federal Register. On November 23, 2011 (76 FR 72374), EPA published a 
notice of proposed rulemaking (NPR) for the State of Maryland, 
proposing to determine that the Baltimore Area has attained the 1997 
annual PM2.5 NAAQS, based on the most recent three years of 
complete, quality-assured and certified data and data available to date 
for 2011. EPA also proposed, based on complete, quality-assured and 
certified data for 2007-2009 that the Area attained the 1997 annual 
PM2.5 NAAQS by its applicable attainment date of April 5, 
2010. EPA's determinations are in accordance with the CAA, EPA's 
PM2.5 Implementation Rule of April 25, 2007 (72 FR 20664), 
and other applicable regulations. During the comment period on its 
proposed determinations, EPA received a comment letter from 
Earthjustice on December 23, 2011. A summary of the comments submitted 
by Earthjustice and EPA's responses are provided in section III of this 
document.

II. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the ambient air monitoring data for 
PM2.5, consistent with the requirements contained in 40 CFR 
part 50 and based on data from the EPA AQS database for the Baltimore 
Area, for the monitoring periods of 2007-2009, 2008-2010, and for data 
available to date for 2011. Based upon the most recent three years of 
complete, quality-assured, quality-controlled, and certified ambient 
air monitoring data as well as the data available to date for 2011, EPA 
determines that the Baltimore Area has monitored attainment of the 1997 
annual PM2.5 standard. EPA also determines, based on 
complete, quality-assured and certified 2007-2009 monitoring data, that 
the Area attained the 1997 annual PM2.5 NAAQS by its 
applicable attainment date of April 5, 2010.
    Under EPA regulations at 40 CFR 50.7(b), the annual primary and 
secondary PM2.5 standards are met when the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
appendix N, is less than or equal to 15.0 [mu]g/m\3\. The values 
calculated in accordance with 40 CFR part 50, appendix N, are referred 
to as design values, and these values are used to determine if an area 
is attaining the PM2.5 NAAQS.
    The air quality monitoring network design criteria, established in 
40 CFR part 58 appendix D, describe the specific requirements for the 
number and location of Federal Reference Method (FRM), Federal 
Equivalent Method (FEM), and Approved Regional Method (ARM) monitoring 
sites for specific pollutants. The network criteria apply to the 
Baltimore-Towson, Maryland Metropolitan Statistical Area (hereby ``the 
Baltimore MSA''), which consists of Baltimore City and the counties of 
Anne Arundel, Baltimore, Carroll, Harford, Howard, and Queen Anne's. 
Metropolitan areas are determined using the statistical-based 
definitions provided by the Office of Management and Budget and the 
Census Bureau. Section 4.7.1 of appendix D requires the Baltimore MSA 
network to operate at a minimum two PM2.5 monitoring sites. 
Currently, the Baltimore MSA network consists of eight PM2.5 
FRM monitors and one PM2.5 FEM monitor. Thus, EPA has 
determined that the PM2.5 monitoring network in the 
Baltimore MSA is adequate, in accordance with 40 CFR part 58, appendix 
D.
    Additionally, EPA has determined that the PM2.5 
Baltimore MSA monitoring network meets all relevant criteria specified 
in 40 CFR part 58 and is in accordance with the monitoring network 
plans that have been reviewed and approved by EPA on an annual basis. 
Additional information about the monitoring network and air quality 
data was included in the Technical Support Document (TSD) for this 
action which is available online at www.regulations.gov, Docket number 
EPA-R03-OAR-2011-0819.

III. Summary of Public Comment and EPA Response

    The commenter, Earthjustice, objected generally to EPA's proposed 
attainment determination for the 1997 annual PM2.5 NAAQS for 
the Baltimore nonattainment area, on the basis that such determination 
relies on deficient monitoring data. The commenter asserts that there 
are various deficiencies with the monitoring network and data.
    Comment: The commenter contended that there were specific 
deficiencies with the monitoring network, citing Maryland's 5-Year 
Network Assessment. The commenter asserts that Maryland has not assured 
that adequate mandatory continuous monitors for PM2.5 are in 
place in the Baltimore MSA as required by 40 CFR part 58 appendix D, 
section 4.7.2. The commenter asserts that Maryland Department of 
Environment (MDE) explains in its assessment that failure to meet these 
requirements is caused by a ``technicality'' while testing a continuous 
monitor, AQS ID: 24-510-0040 (Oldtown), in the Baltimore MSA. The 
commenter indicates it is unclear whether the affected monitor was 
collecting adequate continuous PM2.5 data during this 
testing period and whether this data was used in the clean data 
finding.
    Response: The network design criteria, in 40 CFR part 58, appendix 
D, section 4.7.2, requires that the State must operate in the 
PM2.5 network continuous monitors that are at least one-half 
of the minimum number of the required sites, of which at least one must 
be collocated with a required FRM monitor. According to Table D-5 of 
appendix D, the Baltimore MSA is required to have a minimum of two 
PM2.5 monitoring sites, and thus is required to have one 
continuous monitor in the network. To meet this requirement, one 
PM2.5 Beta Attenuation Mass (BAM) FEM monitor is operated in 
the Baltimore MSA monitoring network which is collocated with an FRM 
monitor at the monitoring site AQS ID: 24-510-0040 (Oldtown).
    During July 2008 thru July 2010, the continuous BAM FEM monitor was 
tested to ensure that it was operating properly. Thus, during this time 
the continuous monitor was designated as a Special Purpose Monitor 
(SPM). The test consisted of a correlation study to compare the data 
from the FRM monitor with the continuous BAM FEM data.

[[Page 30210]]

The study showed that the data being collected by the continuous BAM 
FEM monitor correlated sufficiently well, and therefore, continuous 
PM2.5 data from the Oldtown site was shown to be adequate. 
As a result, as of July 2010, the continuous monitor was no longer 
designated as an SPM, and is now considered a collocated monitor. The 
continuous BAM FEM monitor is currently collocated with an FRM monitor 
at the Oldtown site and data from these monitors during 2008-2010 is 
presented in Table 1.
    Because Oldtown is a middle scale station which has not been 
determined to be a population-oriented site representative of many such 
locations throughout the Baltimore MSA, the data from that site is not 
used for comparison to the annual PM2.5 NAAQS. See 40 CFR 
58.30. Although the Oldtown monitoring site was not considered for the 
attainment determination, the monitoring data from Oldtown recorded 
PM2.5 levels below the level of the annual PM2.5 
NAAQS during the time period of 2008-2010. Similarly, the 2011 
preliminary data from both the FRM and BAM FEM in Oldtown showed levels 
below the annual PM2.5 NAAQS. See the publicly available 
FRM/FEM data comparison tool provided by EPA at http://www.epa.gov/airquality/airdata/ad_rep_frmvfem.html. This tool shows that the FRM 
and continuous BAM FEM at the Oldtown site have good comparability. For 
additional information about testing continuous monitors, see the 
Technical Memorandum, ``Implementing Continuous PM2.5 
Federal Equivalent Methods (FEMs) and Approved Regional Methods (ARMs) 
in State or Local Air Monitoring Station (SLAMS) Networks,'' in http://www.epa.gov/ttn/airs/airsaqs/memos/Use%20of%20PM2.5%20FEMS%20and%20ARMs%20in%20SLAMS%20Network.pdf.

      Table 1--Monitoring Site Id. No. 24-510-0040 (Oldtown) 2008-2010 PM[bdi2].[bdi5] Data (in [mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
                                                              2008       2009       2010       2010       2011
             Site name                     Site ID           Annual     Annual     Annual     Design     Annual
                                                              mean       mean       mean      value     mean **
----------------------------------------------------------------------------------------------------------------
Maryland Oldtown..................  24-510-0040 POC 1....       12.8       11.2       11.2       11.7       11.7
Maryland Oldtown continuous.......  24-510-0040 POC 3....      13.7*       12.1       12.7       12.8       13.1
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* Incomplete data for 2008.
** Based on preliminary data for 2011.

    Comment: The commenter raises, with regard to the monitoring 
network adequacy of the Baltimore MSA, that, as of September 2010, 
Maryland had not satisfied the requirement to designate a monitoring 
station in the Baltimore MSA as a maximum PM2.5 
concentration site. Id. 40 CFR part 58, appendix D, section 
4.7.1(b)(1). MDE's 5-year network assessment states that it planned to 
classify the monitoring site Id. No. 24-510-0040 (Oldtown) as the 
highest concentration PM2.5 site for the Baltimore MSA. See 
Maryland 5-Year Network Assessment.
    Response: Maryland satisfies the maximum PM2.5 
concentration site requirements, set forth in 40 CFR part 58, appendix 
D, section 4.7.1(b)(1) for the Baltimore MSA which requires at least 
one monitoring station at a population-oriented area of maximum 
concentration. The Maryland 5-Year Network assessment identifies two 
possible locations in the Baltimore MSA as highest concentration: the 
Oldtown monitoring station and the Fire Station 20 monitoring station, 
AQS ID 245100008 (see Maryland 5-Year Network Assessment, page 53). 
Data from the Fire Station 20, which is a neighborhood scale site 
representing community wide air quality, was used in the determination 
of attainment. However, because Oldtown does not meet the siting 
requirements for comparing the data to the annual PM2.5 
NAAQS, the monitoring data from that site was not used in the 
determination of attainment. Even if the data from the Oldtown 
monitoring was eligible for comparison to the annual PM2.5 
NAAQS, it shows that the site is attaining the annual PM2.5 
NAAQS. See Table 1.
    Comment: The commenter asserts that by not using the monitoring 
data from site Id. No. 24-510-0040 (Oldtown), EPA's attainment 
determination is inconsistent with the 1992 EPA Guidance regarding 
NAAQS attainment determinations. See Memorandum of September 4, 1992 
from John Calcagni, Director, Air Quality Management Division, to EPA 
Air Division Directors, ``Procedures for Processing Requests to 
Redesignate Areas to Attainment.'' This memorandum explicitly states 
that data used to demonstrate attainment ``should be the product of 
ambient monitoring that is representative of the area of highest 
concentration.''
    Response: EPA did use monitoring data from a population oriented 
monitoring site of expected maximum concentration, i.e., the Fire 
Station 20 monitoring site (AQS ID: 24-510-0008). As part of this 
assessment, data for 2008-2010 from Fire Station 20 site show 
concentration levels that are below the level of the annual 
PM2.5 NAAQS at this maximum concentration site. Because the 
monitoring site Id. No. 24-510-0040 (Oldtown) is not a population 
oriented monitor representative of community wide air quality, the data 
from that site is not eligible for comparison to the annual 
PM2.5 NAAQS. Moreover, monitoring data from site Id. No. 24-
510-0040 (Oldtown) is currently used in determining Baltimore Area's 
compliance with the PM2.5 24-hour NAAQS. Additionally, even 
if EPA had reviewed data from the Oldtown location for comparison to 
the annual PM2.5 NAAQS, the data for 2008-2010 reflects that 
the concentration levels at the site are below the level of the annual 
PM2.5 NAAQS at this location. Thus, this would not have 
changed EPA's action to find that the Baltimore nonattainment area 
currently is attaining the NAAQS. The Oldtown data is provided in Table 
1, but was not used in determining attainment of the Baltimore Area for 
the annual PM2.5 NAAQS.
    Comment: The commenter asserts that MDE did not provide reasoned 
justification that the existing monitoring network was sufficient to 
capture representative PM2.5 concentrations and populations 
exposures for Baltimore City, after removing the monitor ID 24-510-0035 
(FMC-Fairfield), which was originally classified as a neighborhood 
monitor.
    Response: The Baltimore MSA has an adequate PM2.5 
monitoring network. 40 CFR part 58, appendix D requires two monitors in 
the Baltimore MSA, which currently has eight monitors in place. 
Further, the monitoring network meets all relevant criteria specified 
in part 58 and is in accordance with the monitoring network plans that 
have

[[Page 30211]]

been reviewed and approved by EPA on an annual basis.
    The FMC-Fairfield monitor was shut down due to the demolition of 
the FMC-Fairfield Agricultural Plant. At the time of the FMC-Fairfield 
closure in 2008, the FMC-Fairfield monitor was showing annual means 
that attained the annual PM2.5 standard. Because the 
Baltimore MSA already had sufficient number of PM2.5 
monitors in its network, MDE did not need to relocate the FMC-Fairfield 
monitor to another site. Also, contrary to commenter's assertion, EPA's 
supporting documents include sufficient justification for removing the 
monitor from this location. See TSD attachments, ``MDE's Analysis 
regarding Closure of the FMC PM2.5 Monitor'' and 
``Notification by Maryland Department of the Environment (MDE) 
regarding the closure of the FMC PM2.5 Monitor.'' MDE 
explained that the FMC-Fairfield monitoring site was no longer meeting 
the population-oriented siting requirements that reflect community wide 
air quality. When originally located, the FMC-Fairfield monitor met 
these siting requirements. However, conditions around the monitor 
location changed over time and the 2000 census data shows that the 
population density around the FMC-Fairfield monitor has declined. FMC-
Fairfield, thus, no longer met its intended purpose of providing data 
for neighborhood scale/population exposure. Data from the monitoring 
site ID 24-510-0035 (FMC-Fairfield) was comparable to the monitoring 
site Id. No. 24-510-0008 (Fire Station 20). Since 2008, Fire Station 20 
has shown annual PM2.5 means below the annual NAAQS.
    Comment: The commenter asserts that the monitoring site Id. No. 24-
510-0008 (Fire Station 20), which they believe is representative of the 
communities surrounding the FMC-Fairfield monitoring site, did not 
satisfy the completeness criteria for the 2010 period.
    Response: The commenter's statement that the data at monitor 
location Id. No. 24-510-0008 (Fire Station 20) does not satisfy the 
completeness criteria for 2010 is incorrect. As explained in the TSD, 
the missing data from the primary monitor at this location for the 
first quarter of 2010 was replaced with data from a collocated monitor 
at the same site location to meet the completeness monitoring data 
requirement of 40 CFR part 50, appendix N. Missing data from a primary 
monitor at a site does not necessarily mean that the data at the 
monitoring site is incomplete. When data from a collocated monitor is 
used to substitute for missing data at a primary monitor, the data at 
the monitor location is considered to be complete if EPA regulations 
and guidance are followed for performing the necessary data 
substitution. Specifically, section 3.0 of 40 CFR part 50, appendix N 
specifies that if a valid 24-hour measurement is not produced from the 
primary monitor for a particular day, but a valid sample is generated 
by a collocated monitor, then that collocated value shall be considered 
part of the site data. In order to replace the missing data, the 
collocated substitution was followed, in accordance with the procedures 
explained in ``Guideline on Data Handling Conventions for the PM 
NAAQS,'' EPA-454/R-99-008 (April 1999). The substitution requires 
replacing the missing data from the primary monitor with collocated 
data for the same year and quarter, provided that the site has valid 
data for at least 50 percent of the scheduled number of samples for 
each quarter for all three years, and that the emissions and 
meteorology for the quarters to be substituted are comparable to the 
emissions and meteorology for the quarters in question. Air quality 
data from Fire Station 20 monitoring site met these criteria and thus 
the collocated data sampled at the site was used to complete the 
missing data from the primary monitor. Therefore, monitoring site Id. 
No. 24-510-0008 (Fire Station 20) has complete data for the year 2010.

IV. Final Action

    First, EPA determines that Baltimore Area has attained the 1997 
annual PM2.5 NAAQS, based on the complete, quality assured 
and certified data from 2008-2010, and data available to date in AQS 
for 2011. Pursuant to 40 CFR 51.1004(c), this determination of 
attainment will suspend the requirements for Maryland to submit for the 
Baltimore Area an attainment demonstration and associated RACM/RACT, 
RFP plan, contingency measures, and other planning SIP revisions 
related to the attainment of the standard for so long as the Area 
continues to attain the 1997 annual PM2.5 NAAQS. In 
addition, EPA is finalizing a separate and independent determination 
that the Baltimore Area attained the 1997 annual PM2.5 
standard by the applicable attainment date of April 5, 2010, thereby 
satisfying EPA's obligation pursuant to section 179(c)(1) of the CAA to 
make a determination of whether the Area attained the standard by the 
applicable attainment date.
    Finalizing this action does not constitute a redesignation of the 
Baltimore Area to attainment for the 1997 annual PM2.5 NAAQS 
under CAA section 107(d)(3). Further, finalizing this action does not 
involve approving a maintenance plan for the Baltimore Area, nor does 
it involve a determination that the Area has met all the requirements 
for redesignation under the CAA. Therefore, the designation status of 
the Baltimore PM2.5 nonattainment area will remain 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA takes final rulemaking action to determine that such 
portions meet the CAA requirements for redesignation to attainment.

V. Statutory and Executive Order Reviews

A. General Requirements

    This action finalizes attainment determinations based on air 
quality data and does not impose any additional requirements. 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).

    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249,

[[Page 30212]]

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 July 23, 2012. 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 determination that the Baltimore Area has attained the 
1997 p.m.2.5 NAAQS may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 8, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.1081 is amended by adding paragraph (c) to read as 
follows:

Sec.  52.1081  Control strategy: Particulate matter.

* * * * *
    (c) Determination of Attainment. EPA has determined, as of May 22, 
2012, based on ambient air quality data of 2008 to 2010 and the 
preliminary data of 2011, that the PM2.5 nonattainment area 
of Baltimore, Maryland has attained the 1997 annual PM2.5 
NAAQS. This determination, in accordance with 40 CFR 51.1004(c), 
suspends the requirements for this area to submit an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as this 
area continues to meet the 1997 annual PM2.5 NAAQS.

0
3. Section 52.1082 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.1082  Determinations of attainment.

* * * * *
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the PM2.5 
nonattainment area of Baltimore, Maryland attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the area's air quality as of the 
attainment date, whether the area attained the NAAQS. EPA has also 
determined that the PM2.5 nonattainment area of Baltimore, 
Maryland is not subject to the consequences of failing to attain 
pursuant to section 179(d).

[FR Doc. 2012-12230 Filed 5-21-12; 8:45 am]
BILLING CODE 6560-50-P
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