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[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 75035-75038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29336]

[[Page 75035]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0281; FRL-9920-42-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Redesignation Request and Associated Maintenance Plan for the 
Maryland Portion of the Martinsburg-Hagerstown, WV-MD Nonattainment 
Area for the 1997 Annual Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Maryland's request to redesignate to attainment the Maryland 
portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area 
(Martinsburg Area or Area) for the 1997 annual fine particulate matter 
(PM2.5) national ambient air quality standard (NAAQS). The 
Maryland portion of the Martinsburg Area is comprised of Washington 
County, Maryland. EPA has found that the Martinsburg Area attained the 
standard and continues to attain the standard. In addition, EPA is 
approving, as a revision to the Maryland State Implementation Plan 
(SIP), the Washington County maintenance plan to show maintenance of 
the 1997 annual PM2.5 NAAQS through 2025 for the Maryland 
portion of the Area. The maintenance plan includes the 2017 and 2025 
PM2.5 and nitrogen oxides (NOX) mobile vehicle 
emissions budgets (MVEBs) for Washington County, Maryland for the 1997 
annual PM2.5 NAAQS, which EPA is proposing to approve for 
transportation conformity purposes. These actions are being taken under 
the Clean Air Act (CAA).

DATES: This final rule is effective on December 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0281. 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. Copies of the State 
submittal are available at the Maryland Department of the Environment, 
Air and Radiation Management Administration, 1800 Washington Boulevard, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers at (215) 814-2308, or 
by email at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 12, 2013, the State of Maryland, through the Maryland 
Department of the Environment (MDE), formally submitted a request to 
redesignate the Maryland portion of the Martinsburg Area from 
nonattainment to attainment for the 1997 annual PM2.5 NAAQS. 
Concurrently, MDE submitted a maintenance plan for Washington County as 
a SIP revision to ensure continued attainment throughout the Maryland 
portion of the Area over the next 10 years. In addition, the 
maintenance plan includes the 2017 and 2025 PM2.5 and 
NOX MVEBs used for transportation conformity purposes for 
Washington County, Maryland for the 1997 annual PM2.5 
standard.
    On August 21, 2014 (79 FR 49474), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of Maryland's redesignation request for its portion 
of the Martinsburg Area for the 1997 annual PM2.5 NAAQS. EPA 
also proposed approval of the associated maintenance plan as a SIP 
revision for the 1997 annual PM2.5 NAAQS, which includes the 
2017 and 2025 PM2.5 and NOX MVEBs for the 1997 
annual PM2.5 NAAQS for purposes of transportation 
conformity.
    In the August 21, 2014 NPR, EPA explains that the redesignation of 
this Area does not rely on either the Clean Air Interstate Rule (CAIR) 
or the Cross State Air Pollution Rule (CSAPR) for maintenance. However, 
EPA notes here the changed status of CSAPR since the publication of the 
NPR on August 21, 2014. As discussed in the NPR, on April 29, 2014, the 
Supreme Court vacated and reversed the D.C. Circuit Court's decision 
regarding CSAPR and remanded that decision to the D.C. Circuit Court to 
resolve remaining issues in accordance with its ruling. EPA v. EME 
Homer City Generation, L.P., 134 S. Ct. 1584 (2014). In light of the 
April 29, 2014 Supreme Court decision, on June 26, 2014, EPA moved to 
have the D.C. Circuit Court's December 30, 2011 stay of CSAPR lifted. 
EME Homer City Generation, L.P. v. EPA, Case No. 11-1302, Document No. 
1499505 (D.C. Cir. filed June 26, 2014). On October 23, 2014, the D.C. 
Circuit Court granted EPA's motion and lifted the stay of CSAPR which 
was imposed on December 30, 2011. EME Homer City Generation, L.P. v. 
EPA, No. 11-1302 (D.C. Cir. Oct. 23, 2014), Order at 3.
    The details of Maryland's submittal and the rationale for EPA's 
proposed actions are explained in the NPR and will not be restated 
here. EPA received one adverse comment from Mr. Robert Ukeiley, 
representing the Law Office of Robert Ukeiley.
    Comment: Mr. Ukeiley contends that EPA cannot approve the 
redesignation request until PM2.5 increments are fully 
approved into Maryland's SIP--approved Prevention of Significant 
Deterioration (PSD) program, and that without these increments, 
Maryland does not have a fully approved relevant SIP and does not have 
an adequate maintenance plan.
    Response: EPA disagrees with the commenter that EPA's pending 
action on Maryland's PM2.5 PSD increments presents an 
obstacle to redesignating the Maryland portion of the Martinsburg 
nonattainment area. The commenter has not specified which provisions of 
the Clean Air Act he thinks are not being met in this redesignation 
action, but states only that ``without the increments, Maryland does 
not have a fully approved relevant SIP.'' EPA assumes that the 
commenter is referring to the requirements of Clean Air Act sections 
107(d)(3)(E)(ii) and (v), which require that the Administrator has 
fully approved the applicable implementation plan for the area under 
section 110(k), and that the state containing the nonattainment area 
has met all requirements applicable to the area under CAA section 110 
and part D. As stated in the NPR, EPA has long interpreted the term 
``applicable'' in these two provisions to mean only those requirements 
that are linked to a particular nonattainment area's designation and 
classification. See 79 FR 49482 (August 21, 2014). As is the case with 
other requirements which remain applicable to an area after 
redesignation, the requirements of a PSD program, which apply only to 
attainment areas, need not be fully approved in order for a 
nonattainment area to be redesignated to attainment under sections 
107(d)(3)(E)(ii) and (v) because they are not applicable requirements 
for purposes of those provisions.

[[Page 75036]]

    EPA also disagrees that pending action on Maryland's PSD increments 
into its approved PSD program means that Maryland does not have an 
adequate maintenance plan under CAA section 175A. Maryland has an EPA-
approved PSD program that includes PM2.5 as a regulated new 
source review (NSR) pollutant. Therefore, any increase in direct 
PM2.5 emissions or emissions of its precursors (sulfur 
dioxide (SO2) and NOX) planned by a new source or 
from a modified source will trigger the requirements to obtain a PSD 
permit; to perform an air quality analysis that demonstrates that the 
proposed source or modification will not cause or contribute to a 
violation of the PM2.5 NAAQS; and to apply best available 
control technology (BACT) for PM2.5. The commenter is 
correct that EPA has not yet taken action on Maryland's August 22, 2013 
submission of proposed PM2.5 increments for approval into 
the Maryland SIP. EPA is currently in the process of taking action on 
this submission. However, the absence of PM2.5 increments 
from Maryland's PSD program does not prevent the program from 
addressing and helping to assure maintenance of the PM2.5 
standard in accordance with CAA section 175A. A PSD increment is the 
maximum increase in concentration that is allowed to occur above a 
baseline concentration for a pollutant, but the level of the increment 
can never exceed the NAAQS. Therefore, even in the absence of an 
approved PSD increment, Maryland's PSD program prohibits air quality 
from deteriorating beyond the concentration allowed by the applicable 
NAAQS. See COMAR 26.11.06.14--General Emissions Standards, 
Prohibitions, and Restrictions--Control of PSD Sources. Thus, 
Maryland's PSD program is adequate for purposes of assuring maintenance 
of the 1997 annual PM2.5 standard as required by section 
175A.
    For the reasons explained above, EPA concludes that the features of 
the PSD program in Maryland's SIP do not detract from the program's 
adequacy for purposes of maintenance of the standard and redesignation 
of the Area. It is, therefore, sufficient for the purposes of 
maintaining the 1997 annual PM2.5 NAAQS in the Maryland 
portion of the Martinsburg Area.

II. Final Action

    EPA is taking final action on the redesignation request and SIP 
revision submitted by the State of Maryland, on December 12, 2013, for 
the Maryland portion of the Martinsburg Area for the 1997 annual 
PM2.5 NAAQS. EPA is approving Maryland's redesignation 
request for the 1997 annual PM2.5 NAAQS, because EPA has 
determined that the request meets the redesignation criteria set forth 
in section 107(d)(3)(E) of the CAA for this standard. EPA is approving 
the associated maintenance plan for the Maryland portion of the Area as 
a revision to the Maryland SIP for the 1997 annual PM2.5 
NAAQS because it meets the requirements of section 175A of the CAA. EPA 
is also approving the 2017 and 2025 PM2.5 and NOX 
MVEBs submitted by Maryland for Washington County for transportation 
conformity purposes. Approval of this redesignation request will change 
the official designation of the Maryland portion of the Martinsburg 
Area from nonattainment to attainment for the 1997 annual 
PM2.5 NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. A 
delayed effective date is unnecessary due to the nature of a 
redesignation to attainment, which eliminates CAA obligations that 
would otherwise apply. The immediate effective date for this action is 
authorized under both 5 U.S.C. 553(d)(1), which provides that 
rulemaking actions may become effective less than 30 days after 
publication if the rule ``grants or recognizes an exemption or relieves 
a restriction,'' and section 553(d)(3), which allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in section 553(d) is to give 
affected parties a reasonable time to adjust their behavior and prepare 
before the final rule takes effect. Today's rule, however, does not 
create any new regulatory requirements such that affected parties would 
need time to prepare before the rule takes effect. Rather, today's rule 
relieves the State of Maryland of the obligation to comply with 
nonattainment-related planning requirements for the Maryland portion of 
the Area pursuant to Part D of the CAA and approves certain emissions 
inventories and MVEBs for the Maryland portion of the Area. For these 
reasons, EPA finds good cause under 5 U.S.C. 553(d) for this action to 
become effective on the date of publication of this notice.

III. 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:
     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

[[Page 75037]]

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 February 17, 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, approving the redesignation request and maintenance 
plan for the Maryland portion of the Martinsburg Area for the 1997 
annual PM2.5 NAAQS, may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: December 3, 2014.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended 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 the 1997 Annual PM2.5 Maintenance Plan, Maryland 
portion of the Martinsburg, WV-MD Area to 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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                                                  * * * * * * *
1997 Annual fine particulate       Washington County...     12/12/13   12/16/14 [Insert      See Sec.
 (PM2.5) Maintenance Plan for the                                       Federal Register      52.2526(k) and
 Maryland portion of the                                                Citation].            Sec.   52.2531(h).
 Martinsburg WV-Hagerstown, MD
 Area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1081 is amended by adding paragraph (f) to read as 
follows:

Sec.  52.1081  Control strategy: Particular matter.

* * * * *
    (f) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Maryland portion of the 
Martinsburg, WV-Hagerstown, MD nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the State of Maryland on December 
12, 2013. The maintenance plan includes motor vehicle emission budgets 
(MVEBs) to be applied to all future transportation conformity 
determinations and analyses for the Maryland portion of the 
Martinsburg, WV-Hagerstown, MD Area for the 1997 PM2.5 
NAAQS.

   Maryland Portion of the Martinsburg, WV-Hagerstown, MD Area's Motor Vehicle Emissions Budgets for the 1997
                                            Annual PM2.5 NAAQS, (tpy)
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                                                                                                  Effective date
                Type of control strategy SIP                    Year         NOX        PM2.5         of SIP
                                                                                                     approval
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Maintenance Plan...........................................        2017    4,057.00      149.63        12/16/14
                                                                   2025    2,774.63       93.35
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for Part 81 continues to read as follows:

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

0
5. In Sec.  81.321 the table ``Maryland--1997 Annual PM2.5 
NAAQS'' is amended by revising the entry for the Martinsburg, WV-
Hagerstown, MD Area to read as follows:

Sec.  81.321  Maryland.

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[[Page 75038]]

                                        Maryland--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
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                                                                  Designation \a\            Classification
                      Designated area                      -----------------------------------------------------
                                                               Date\1\        Type        Date\2\        Type
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                                                  * * * * * * *
Martinsburg, WV-Hagerstown, MD:
    Washington County.....................................     12/16/14    Attainment
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2014-29336 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P
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