Further Progress Plan, 2002 Base Year Emission Inventory, Contingency Measures,

Reasonably Available Control Measures, and Transportation Conformity Budgets for the

Baltimore 1997 8-Hour Moderate Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a revision to the Maryland State Implementation Plan (SIP) to

meet the 2002 base year emissions inventory, the reasonable further progress (RFP) plan, RFP

contingency measure, and reasonably available control measure (RACM) requirements ofthe

Clean Air Act (CAA) for the Baltimore moderate 1997 8-hour ozone nonattainment area. EPA isalso approving the transportation conformity motor vehicle emissions budgets (MVEB5)

associated with this revision. EPA is approving the SIP revision because it satisfies the emission

inventory, RFP, RACM, REP contingency measures, and transportation conformity requirements

for areas classified as moderate nonattainment for the 1997 8-hour ozone national ambient air

quality standard (NAAQS) and demonstrates further progress in reducing ozone precursors. EPA

is approving the SIP revision pursuant to the CAA and EPA’s regulations.EFFECTIVE DATE: This final rule is effective on [insert date 30 days from date ofpublication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-
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 inspectionduring 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 ofthe Environment, 1800 Washington

Boulevard, Suite 705, Baltimore, Maryland, 21230.FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by e-mail

at pino.mariaepa.gov.SUPPLEMENTARY INFORMATION:

I. Background

On January 7, 2010 (75 FR 958), EPA published a notice of proposed rulemaking (NPR) for the

State of Maryland. The NPR proposed approval of Maryland’s 2002 base year emissions

inventory, RFP plan, REP contingency measures, RACM, and MVEBs for the Baltimore

moderate 1997 8-hour ozone nonattainment area. EPA is approving the SIP revision because itsatisfies the emission inventory, REP, RACM, REP contingency measure, and transportation

conformity requirements ofthe section 110 and part D of the CAA and EPA’s regulations. The

formal SIP revision was submitted by the State of Maryland on June 4, 2007.

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requirements of Maryland’s June 4, 2007 SIP revision for the Baltimore 8-hour ozone

nonattainment area and the rationale for EPA’s proposed action are explained in the NPR andwill not be restated here. No public comments were received on the NPR.

III. Final Action

EPA is approving the 2002 base year emissions inventory; the 2008 ozone projected emission

inventory; the 2008 RFP plan; RFP contingency measures; RACM analysis; and 2008

transportation conformity budgets for the Baltimore 8-hour ozone nonattainment area, contained

in Maryland’s June 4, 2007 SIP revision submittal for the Baltimore 8-hour ozone nonattainment

area. The SIP revision satisfies the requirements for 1997 8-hour ozone NAAQS nonattainmentareas classified as moderate and demonstrates further progress in reducing ozone precursors.

IV. Statutory and Executive Order ReviewsA. General Requirements

Under the Clean Air Act, the Administrator is required to approve a SIP submission thatcomplies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 74 10(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 Clean Air Act. Accordingly, this action merely

approves state law as meeting Federal requirements and does not impose additional requirements

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Reduction Act (44 U.SC. 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 (Public Law

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 ofthoserequirements would be inconsistent with the clean Air Act; 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).

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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 ofthe Congress and to the Comptroller General of the United States. EPA willsubmit 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

ofthe 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 Clean Air Act, petitions for judicial review of this action must be

filed in the United States Court of Appeals for the appropriate circuit by [Insert date 60 days from

date of publication ofthis document in the Federal Register]. Filing a petition for

reconsideration by the Administrator ofthis final rule does not affect the finality of this action forthe purposes ofjudicial review nor does it extend the time within which a petition for judicialreview may be filed, and shall not postpone the effectiveness of such rule or action. This action

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List of Subjects in 40 CFR Part 52Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide,

Ozone, Reporting and recordkeeping requirements, Volatile organic comi

W. C. Early

Regioru

MAY212Oi

Dated: e.-_--Shawn M. Garvin,

Regional Administrator,

EPA Region III.

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

Subpart V — Maryland

2. In §52.1070, the table in paragraph (e) is amended by adding at the end of the table, the entriesfor Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures andContingency Measures; 2002 Base Year Inventory for VOC, NOx and CO; and 2008 RFP

Transportation Conformity Budgets for the Baltimore 1997 8-hour Ozone Moderate

Nonattainment Area. The amendments read as follows:

§52.1070 Identification of plan.

* * * * *

(e)* * *

Name of non- Applicable State EPA approval Additional

regulatory SIP geographic area submittal date explanationrevision date

* * * * * * *

Reasonable Further Baltimore 1997 8-hour 6/4/07 [Insert Federal RegisterProgress Plan (RFP), ozone moderate publication date]Reasonably Available nonattainment area [Insert page number where the document

Control Measures, and begins]Contingency Measures

2002 Base Year Baltimore 1997 8-hour 6/4/07 [Insert Federal Register

Inventory for VOC, ozone moderate publication date]

NOx, and CO nonattainment area [Insert page number where the document

beginsj

2008 RFP Baltimore 1997 8-hour 6/4/07 [Insert Federal Register

Transportation ozone moderate publication date]

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3. Section 52.1075 is amended by revising the title and by adding paragraph (i) to read as

follows:

§ 52.1075 Base Year Emissions Inventory* * * * *

(i) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year

emissions inventories for the Baltimore 1997 8-hour ozone moderate nonattainment areasubmitted by the Secretary ofthe Maryland Department ofthe Environment on June 4, 2007.

This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile

source inventories in area for the following pollutants: volatile organic compounds (VOC),

carbon monoxide (CU) and nitrogen oxides (NOx).

4. Section 52.1076 is amended by adding paragraphs (q) and (r) to read as follows:

§ 52.1076 Control strategy plans for attainment and rate-of-progress: Uzone.

* * * * *

(q) EPA approves revisions to the Maryland State Implementation Plan consisting of the 2008

reasonable further progress (RFP) plan, reasonably available control measures, and contingencymeasures for the Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the

Secretary ofthe Maryland Department of the Environment on June 4, 2007.

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Type of control strategy Year VOC NOx Effective date of adequacy

SIP (TPD) (TPD) determination or SIP approval

Rate of Progress Plan 2008 41.2 106.8 April 13, 2009, (74 FR 13433),

published March 27, 2009.

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