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[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65488-65490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26394]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0929; FRL-9746-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Attainment Demonstration for the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Philadelphia-Wilmington-Atlantic 
City Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the attainment demonstration portion of the 
attainment plan submitted by the State of Maryland as a State 
Implementation Plan (SIP) revision. The Maryland SIP revision 
demonstrates attainment of the 1997 8-hour ozone national ambient air 
quality standard (NAAQS) for the Philadelphia-Wilmington-Atlantic City, 
PA-NJ-MD-DE moderate nonattainment area (Philadelphia Area) by the 
applicable attainment date of June 2011. EPA is approving the SIP 
revision in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on November 28, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2008-0929. 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, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 65489]]

I. Background

    On August 23, 2012 (77 FR 50966), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of the attainment demonstration portion of Maryland's 
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia 
Area. The formal SIP revision (07-05) was submitted by 
Maryland on June 4, 2007.

II. Summary of SIP Revision

    The SIP revision consists of the attainment demonstration portion 
of the attainment plan submitted by Maryland as a SIP revision on June 
4, 2007 to demonstrate attainment of the 1997 8-hour ozone NAAQS for 
the Philadelphia Area by the applicable attainment date of June 2011. 
EPA previously approved other portions of the Maryland attainment plan 
submitted on June 4, 2007. See 75 FR 33172 (June 11, 2010). EPA has 
determined that the weight of evidence analysis that Maryland used to 
support the attainment demonstration provides sufficient evidence that 
the Philadelphia Area would attain the 1997 8-hour ozone NAAQS by the 
applicable attainment date of June 2011. Specific requirements of the 
attainment demonstration and the rationale for EPA's proposed action to 
approve the attainment demonstration are explained in the NPR and in 
the technical support document (TSD) for the NPR and will not be 
restated here. No public comments were received on the NPR.
    Separately, EPA conducted a process to find adequate the motor 
vehicle emission budgets (MVEBs) for Cecil County which are associated 
with the Maryland attainment demonstration for the Philadelphia Area. A 
notice was posted on EPA's Web site for a 30-day public comment period 
on the adequacy determination for the 2009 MVEBs associated with the 
attainment demonstration for Cecil County. No comments were received 
during the public comment period. Therefore, EPA finds adequate the 
MVEBs for transportation conformity purposes for Cecil County, 
Maryland.

III. Final Action

    EPA is approving the attainment demonstration portion of the 
attainment plan for the 1997 8-hour ozone NAAQS which was submitted by 
Maryland on June 4, 2007. EPA has determined that Maryland's SIP 
revision demonstrates attainment of the 1997 8-hour ozone NAAQS for the 
Philadelphia Area by the applicable attainment date. EPA has determined 
that the SIP revision meets the applicable requirements of the CAA. EPA 
is also approving and finding adequate the 2009 MVEBs associated with 
the attainment demonstration for Cecil County, Maryland.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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 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, 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 December 28, 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 action pertaining to the Maryland attainment demonstration 
for the 1997 8-hour ozone NAAQS for the Philadelphia Area 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 11, 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.

[[Page 65490]]

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry for the Attainment Demonstration for the 1997 8-Hour Ozone 
National Ambient Air Quality Standard and its Associated Motor Vehicle 
Emissions Budgets at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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                                       Applicable
   Name of non-regulatory  SIP       geographic or          State       EPA approval date        Additional
            revision               nonattainment area  submittal date                            explanation
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                                                  * * * * * * *
Attainment Demonstration for the  Maryland-                  06/04/07  10/29/12 [Insert
 1997 8-Hour Ozone National        Philadelphia-                        page number where
 Ambient Air Quality Standard      Wilmington-                          the document
 and its Associated Motor          Atlantic City                        begins].
 Vehicle Emissions Budgets.        Moderate
                                   Nonattainment Area.
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0
3. In Sec.  52.1076, paragraph (z) is added to read as follows:

Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (z) EPA approves the attainment demonstration portion of the 
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia 
Area submitted as a revision to the State Implementation Plan by the 
Secretary of the Maryland Department of the Environment on June 4, 
2007. EPA also approves the 2009 motor vehicle emissions budgets 
associated with the attainment demonstration for Cecil County, 
Maryland.

               Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
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              Type of control strategy SIP                      Year            VOC (TPD)          NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration...............................              2009                7.3                2.2
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[FR Doc. 2012-26394 Filed 10-26-12; 8:45 am]
BILLING CODE 6560-50-P
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