Reasonably Available Control Measures, and Transportation Conformity Budgets for the

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

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

Clean Air Act (CAA) for the Maryland portion of the Philadelphia moderate 1997 8-hour ozone

nonattainment area. EPA is also approving the transportation conformity motor vehicle

emissions budgets (MVEBs) associated with this revision. EPA is approving the SIP revision

because it satisfies the emission inventory, RFP, RACM, RFP contingency measures, andtransportation 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 areavailable 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 ofthe 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-mailat pino.maria@epa.gov.SUPPLEMENTARY INFORMATION:

I. Background

On January 7, 2010 (75 FR 953), EPA published a notice of proposed rulemaking (NPR) for aSIP revision submitted by the State of Maryland. The NPR proposed approval of Maryland’s

2002 base year emissions inventory, RFP plan, RFP contingency measures, RACM, and MVEBsfor the Maryland portion of the Philadelphia moderate 1997 8-hour ozone nonattainment area.

EPA is approving the SIP revision because it satisfies the emission inventory, RFP, RACM, RFP

contingency measure, and transportation conformity requirements of the section 110 and part Dof the CAA and EPA’s regulations. The formal SIP revision was submitted by the State of

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hour ozone moderate nonattainment area. The SIP revision also establishes MVEBs for 2008.

Other specific requirements of Maryland’s June 4, 2007 SIP revision for the Philadelphia 8-hour

ozone nonattainment area and the rationale for EPA’s proposed action are explained in the NPR

and will not be restated here.

The following public comment was received on the NPR.

Comment: An anonymous commenter submitted the comment: “We do not need tighter

regulations on ozone. Ragweed is more of problem than smog.”

Response: The comment, while vaguely expressing a general uncertainty about the rule, does not

identify any particular defects in the rule substance or adoption. Importantly, the comment does

not oppose EPA’s proposed full approval of the rule. Moreover, while the commenter expresses

a general dislike for regulations addressing ozone pollution, the commenter does not question thelegal obligation for the states to adopt and submit SIP revisions addressing these specificobligations for the 1997 8-hour ozone NAAQS. See generally CAA section 182(b) and 40 CFR

part 51 subpart X. EPA, therefore, believes that the commenter has not provided a basis for EPA

to not move forward and approve the submitted SIP.

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nonattainment area, contained in Maryland’s June 4, 2007 SIP revision submittal for the

Maryland portion ofthe Philadelphia 8-hour ozone nonattainment area. The SIP revision

satisfies these requirements for 1997 8-hour ozone NAAQS nonattainment areas classified as

moderate and demonstrates further progress in reducing ozone precursors.

IV. Statutory and Executive Order Reviews

A. General RequirementsUnder 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. 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 Clean Air Act. 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 ofthe 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.);

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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) ofthe National Technology Transfer and

Advancement Act of 1995 (15 U.S.C. 272 note) because application of thoserequirements 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).

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

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 GeneralThe Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory

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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)(l) of the Clean Air Act, petitions for judicialreview 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 of this document in the Federal Register]. Filing a petition for

reconsideration by the Administrator ofthis final rule does not affect the finality of this action for

the purposes ofjidicia1 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

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section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide,Ozone, Reporting and recordkeeping requirements, Volatile organic coxYnds.

William Cly4 Acting /

Region4 A strator MAY 272010

Dated: Shawn M. Garvin, Z’

- Regional Administrafr,

EPA Region III.

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Subpart V — Maryland

2. In §52.1070, the table in paragraph (e) is amended by adding at the end ofthe table, the entries

for Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures and

Contingency Measures; 2002 Base Year Inventory for VOC, NOx and CO; and 2008 RFP

Transportation Conformity Budgets for the Maryland portion ofthe Philadelphia 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 explanation

revision date

* * * * * * *

Reasonable Further Maryland portion of 6/4/07 [Insert Federal

Progress Plan (RFP), the Philadelphia 1997 Register publication date] Reasonably Available 8-hour ozone [Insert page number Control Measures, and moderate where the document

Contingency Measures nonattainment area beginsj

2002 Base Year Maryland portion of 6/4/07 [Insert Federal

Inventory for VOC, the Philadelphia 1997 Register publication date] NOx, and CO 8-hour ozone [Insert page number moderate where the document

nonattainment area begins]

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3. Section 52.1075 is amended by adding paragraph (j) to read as follows:

‘S 52.1075 Base Year Emissions Inventory

* * * * *

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

emissions inventories for the Maryland portion ofthe Philadelphia 1997 8-hour ozone moderate

nonattainment area submitted by the Secretary of the Maryland Department ofthe Environment

•on June 4, 2007. This submittal consists ofthe 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 (CO) and nitrogen oxides (NOx).

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

‘S 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone.* * * * *

(s) 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 Maryland portion of the Philadelphia 1997 8-hour ozone moderate

nonattainment area submitted by the Secretary ofthe Maryland Department of the Environment

on June 4, 2007.

9.
Type of control strategy Year VOC NOx Effective date of adequacy

SIP (TPD) (TPD) determination or SIP approval

Rate of Progress Plan 2008 2.3 7.9 April 13, 2009, (74 FR 13433),

published March 27, 2009.

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