50966 Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0929; FRL–9718–7] 

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: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the attainment demonstration portion of 

the attainment plan submitted by the 

State of Maryland through the Maryland 

Department of the Environment (MDE) 

as a State Implementation Plan (SIP) 

revision that 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 has determined that Maryland’s 

SIP revision meets the applicable 

requirements of the Clean Air Act 

(CAA). This action is being taken in 

accordance with the CAA. 

DATES: Written comments must be 

received on or before September 24, 

2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2008–0929 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0929, 

Donna Mastro, Acting Associate 

Director, Office of Air Planning 

Program, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2008– 

0929. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following is provided to aid in 

locating information in this preamble. 

I. What action is EPA proposing to take? 

II. What is the background for EPA’s 

proposed action? 

III. What are the CAA requirements for a 

moderate 8-hour ozone nonattainment 

area? 

IV. What is included in Maryland’s SIP 

submittal? 

V. What is EPA’s review of Maryland’s 

modeled attainment demonstration and 

weight of evidence analysis for the 

Philadelphia area? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What action is EPA proposing to 

take? 

EPA is proposing to approve the 

attainment demonstration element of a 

SIP revision submitted by MDE to EPA 

on June 4, 2007. The June 4, 2007 SIP 

revision consisted of Maryland’s 

attainment plan for the 1997 8-hour 

ozone NAAQS for the Philadelphia 

Area. The ozone attainment plan 

submitted on June 4, 2007 included the 

attainment demonstration for the 

Philadelphia Area and its associated 

motor vehicle emission budgets 

(MVEBs) used for transportation 

conformity purposes in Cecil County, 

Maryland. The Maryland attainment 

plan also included a 2002 base year 

emissions inventory, an analysis of the 

reasonably available control measures/ 

reasonably available control technology 

(RACM/RACT), the 2008 rate of progress 

(ROP) plan and its associated MVEBs, 

and contingency measures. The ROP 

plan and its MVEBs, 2002 base year 

emissions inventory, RACM/RACT 

analysis, and contingency measures 

(elements of the June 4, 2007 attainment 

plan) were approved on June 11, 2010 

(75 FR 33172). Therefore, in this action, 

EPA is only proposing to approve 

Maryland’s attainment demonstration 

for the 1997 8-hour ozone NAAQS for 

the Philadelphia Area. 

In a separate and concurrent process, 

EPA is conducting a process to find the 

MVEBs for Cecil County associated with 

the Maryland attainment demonstration 

for the Philadelphia Area adequate. 

Concurrently with EPA’s proposal to 

approve the SIP, a notice will be posted 

on EPA’s Web site at http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm for the purpose 

of opening a 30-day public comment 

period on the adequacy of the MVEBs 

for Cecil County in the June 4, 2007 SIP 

revision’s attainment demonstration for 

the Philadelphia Area. That notice will 

inform the public of the availability of 

the Maryland SIP revision on MDE’s 

Web site. Interested members of the 

public could access Maryland’s June 4, 

2007 SIP revision on line at 

www.regulations.gov, Docket No. EPA– 

R03–OAR–2008–0929. Following EPA’s 

public comment period, responses to 


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1As explained in detail in Section II, EPA 

approved on January 21, 2011 a one-year extension 

of the Philadelphia Area’s attainment date from 

June 2010 to June 2011. 76 FR 3840. 

any comments received will be 

addressed. 

EPA has determined that Maryland’s 

attainment demonstration meets the 

applicable requirements of the CAA 

because it demonstrates attainment by 

the applicable date of June 15, 2011.1

EPA’s analysis and findings are 

discussed in this proposed rulemaking. 

In addition, a technical support 

document (TSD) for this proposal 

entitled ‘‘Technical Support Document 

for the Modeling and Weight of 

Evidence Portions of the Cecil County, 

Maryland 8-Hour Ozone State 

Implementation Plan,’’ dated June 22, 

2012 (referred to herein as the 

Attainment TSD) is available on line at 

www.regulations.gov, Docket No. EPA– 

R03–OAR–2008–0929. The Attainment 

TSD provides additional explanation on 

EPA’s analysis supporting this proposed 

approval of the attainment 

demonstration. 

II. What is the background for EPA’s 

proposed action? 

On June 4, 2007, MDE submitted a 

comprehensive SIP revision to meet the 

requirements for an attainment plan for 

the 1997 8-hour ozone NAAQS for the 

Philadelphia Area. On May 8, 2009 (74 

FR 21599), EPA proposed to disapprove 

the ozone attainment demonstration 

element of the June 4, 2007 attainment 

plan of the comprehensive SIP revision. 

EPA proposed to disapprove the 

attainment demonstration of the 1997 8- 

hour NAAQS for the Philadelphia Area 

because EPA determined that the 

photochemical modeling did not 

demonstrate attainment, and the weight 

of evidence analysis used to support the 

attainment demonstration did not 

provide sufficient evidence that the 

Philadelphia Area would attain the 1997 

8-hour ozone NAAQS by the June 2010 

deadline for the ozone nonattainment 

areas classified as moderate. On 

December 9, 2011 (76 FR 76929), EPA 

withdrew the May 8, 2009 proposed 

disapproval of the attainment 

demonstration for the Philadelphia Area 

based on ambient air quality monitoring 

data demonstrating attainment. 

Moderate areas are required to attain 

the 1997 8-hour ozone NAAQS by no 

later than six years after designation. 

Therefore, the Philadelphia Area was to 

attain by June 15, 2010. See 40 CFR 

51.903 and 69 FR 23951 (April 30, 

2004). However, the Philadelphia Area 

qualified for a one year extension of its 

attainment date, based on the complete, 

certified ambient air quality data for the 

2009 ozone season. See 40 CFR 51.907. 

On January 21, 2011 (76 FR 3840), EPA 

approved a one year extension of the 

Philadelphia Area’s attainment date 

from June 15, 2010 to June 15, 2011, 

based in part on air quality data 

recorded during the 2009 ozone season. 

On March 26, 2012 (77 FR 17341), 

EPA published two determinations 

regarding the 1997 8-hour ozone 

NAAQS for the Philadelphia Area. First, 

EPA made a clean data determination 

that the Philadelphia Area had attained 

the 1997 8-hour ozone NAAQS. This 

determination was based upon 

complete, quality assured, and certified 

ambient air monitoring data that 

showed the Philadelphia Area had 

monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2008–2010 

monitoring period. Ambient air 

monitoring data for the 2009–2011 

monitoring period is consistent with 

continued attainment. Second, pursuant 

to section 181(b)(2)(A) of the CAA, EPA 

made a determination of attainment that 

the Philadelphia Area had attained the 

1997 8-hour ozone NAAQS by its 

attainment date of June 15, 2011. 

III. What are the CAA requirements for 

a moderate 8-hour ozone 

nonattainment area? 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame. EPA set the 1997 

8-hour ozone standard based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower ozone concentrations and over 

longer periods of time than was 

understood when the pre-existing 1- 

hour ozone standard was set. EPA 

determined that the 1997 8-hour 

standard would be more protective of 

human health, especially for children 

and adults who are active outdoors, and 

individuals with a pre-existing 

respiratory disease, such as asthma. 

On April 30, 2004 (69 FR 23951), EPA 

finalized its attainment/nonattainment 

designations for areas across the country 

with respect to the 1997 8-hour ozone 

standard. These actions became 

effective on June 15, 2004. In addition, 

on April 30, 2004 (69 FR 23951), EPA 

promulgated its Phase 1 Implementation 

Rule which provided how areas 

designated nonattainment for the 1997 

8-hour ozone standard would be 

classified. Among those nonattainment 

areas is the Philadelphia Area. The 

Philadelphia Area includes all three 

counties in Delaware, five counties in 

eastern Pennsylvania, one county in 

Maryland, and eight counties in 

southern New Jersey. Therefore, the 

Philadelphia Area includes Cecil 

County in Maryland. EPA’s Phase 2 

Implementation Rule published on 

November 29, 2005 (70 FR 71612) 

specifies that states must submit 

attainment demonstrations for their 

nonattainment areas to EPA by no later 

than three years from the effective date 

of designation, that is, by June 15, 2007. 

See 40 CFR 51.908(a). 

Pursuant to the Phase 1 

Implementation Rule, an area was 

classified under subpart 2 of Title I of 

the CAA based on its 8-hour design 

value if it had a 1-hour design value at 

or above 0.12 ppm. Based on this 

criterion, the Philadelphia Area was 

classified under subpart 2 as a moderate 

nonattainment area. The Phase 2 

Implementation Rule addressed the 

control obligations that apply to areas 

classified under subpart 2. Among other 

things, the Phase 1 and 2 

Implementation Rules outline the 

required SIP elements and deadlines for 

those various requirements in areas 

designated as moderate nonattainment. 

IV. What is included in Maryland’s SIP 

submittal? 

On June 4, 2007, Maryland submitted 

a comprehensive attainment plan as a 

SIP revision for the 1997 8-hour ozone 

NAAQS. The SIP revision included an 

attainment demonstration with MVEBs, 

the ROP plan with MVEBs, a RACM/ 

RACT analysis, the 2002 base year 

emissions inventory, and contingency 

measures. The attainment 

demonstration of the June 4, 2007 SIP 

submittal is the only subject of this 

proposed rulemaking. In a separate and 

concurrent process, EPA is proposing an 

adequacy determination for the 2009 

MVEBs associated with the ozone 

attainment demonstration for Cecil 

County in Maryland. The other elements 

of the June 4, 2007 SIP submittal were 

approved by EPA on June 11, 2010 (75 

FR 33172). 

V. What is EPA’s review of Maryland’s 

modeled attainment demonstration and 

weight of evidence analysis for the 

Philadelphia area? 

Section 110(a)(2)(K) of the CAA 

requires states to prepare air quality 

modeling to show how they will meet 

ambient air quality standards. EPA 

determined that areas classified as 

moderate or above must use 

photochemical grid modeling or any 

other analytical method determined by 

the Administrator to be at least as 

effective to demonstrate attainment of 

the ozone health-based standard by the 

required attainment date (November 29, 

2005, 70 FR 71612, and 40 CFR 51.908). 

On April 30, 2004 (69 FR 23951 and 40 


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CFR 51.903), EPA specified how areas 

would be classified with regard to the 8- 

hour ozone standard set by EPA in 1997. 

On April 30, 2004 (69 FR 23858), EPA 

followed these procedures and 

classified the Philadelphia Area as 

moderate, and the nonattainment area 

was required to attain the 1997 8-hour 

ozone standard by June 2010. Because 

the attainment date was June 2010 for 

moderate areas, states had to achieve 

emission reductions by the ozone 

season of 2009 in order for ozone 

concentrations to be reduced and show 

attainment during the last complete 

ozone season before the 2010 deadline. 

A. EPA Guidance for Using Models To 

Determine Attainment 

EPA’s photochemical modeling 

guidance is found at Guidance on the 

Use of Models and Other Analyses for 

Demonstrating Attainment of Air 

Quality Goals for Ozone, PM2.5, and 

Regional Haze, EPA–454/B–07–002, 

April 2007. The photochemical 

modeling guidance is divided into two 

parts. One part describes how to use a 

photochemical grid model for ozone to 

assess whether an area will come into 

attainment of the air quality standard. A 

second part describes how the user 

should perform supplemental analyses, 

using various analytical methods, to 

determine if the model over predicts, 

under predicts, or accurately predicts 

the air quality improvement projected to 

occur by the attainment date. The 

guidance indicates that states should 

review these supplemental analyses, in 

combination with the modeling 

analysis, in a ‘‘weight of evidence’’ 

assessment to determine whether each 

area is likely to achieve timely 

attainment. 

A description of how the attainment 

demonstration from the June 4, 2007 SIP 

revision addresses this EPA modeling 

guidance for a modeled attainment 

demonstration can be found in the 

Attainment TSD, available on line at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2008–0929. 

In the June 4, 2007 SIP revision, the 

photochemical grid model used 

projected emissions for 2009, including 

emission changes due to regulations 

Maryland and its neighboring states 

were planning to implement and 

expected growth by the 2009 ozone 

season. Meteorological conditions from 

2002, the same as the base year 

modeling, were used in the projection 

modeling for 2009. Using the base case 

meteorology allows the effect of changes 

in states’ emissions to be determined 

without being influenced by yearly 

fluctuations in meteorology and is 

consistent with EPA guidance. 

The attainment test used in the 

Philadelphia Area modeling 

demonstration involved the application 

of model-based relative response factors 

(RRFs) to base year design values at 

each monitor to produce projected 

future year design values (2009). The 

projected 2009 design values represent 

design values that should result from 

emission controls Maryland and other 

states planned to have in place in 2009. 

As discussed in the Attainment TSD, 

the 2009 design values should be less 

than or equal to 84 parts per billion 

(ppb) at all monitoring stations to meet 

the attainment test. The SIP modeling 

predicts that in 2009, the Philadelphia 

Area will not pass the attainment test 

since design values are projected to be 

over the 84 ppb standard. 

In summary, the basic photochemical 

grid modeling presented in the 

Maryland SIP revision meets EPA’s 

guidelines and when used with the 

methods recommended in EPA’s 

modeling guidance, is acceptable to 

EPA. However, when EPA’s attainment 

test is applied to the modeling results, 

the 2009 ozone design value is 

predicted to be 91 ppb in the 

Philadelphia Area. Thus, based on 

EPA’s modeled attainment test, the 

Philadelphia Area has not demonstrated 

that it will reach attainment of the 1997 

8-hour ozone standard in the attainment 

year with the modeled emission 

reduction strategies committed to by 

Maryland and the neighboring states in 

the Ozone Transport Region (OTR). 

Therefore, a weight of evidence (WOE) 

analysis was used by Maryland and 

reviewed by EPA to demonstrate 

attainment of the 1997 8-hour ozone 

standard in the Philadelphia Area. 

B. Weight of Evidence Demonstration 

EPA’s modeling guidance describes 

how to use a photochemical grid model 

and additional analytical methods to 

complete a WOE analysis to estimate if 

emissions control strategies will lead to 

attainment of the 1997 8-hour ozone 

NAAQS. A WOE analysis is a 

supporting analysis that helps to 

determine if the results of the 

photochemical modeling system are 

correctly (or not correctly) predicting 

future air quality. 

The WOE analysis presented in the 

Maryland SIP revision describes the 

analyses performed, databases used, key 

assumptions and outcomes of each 

analysis, and why the evidence, viewed 

as a whole, supports a conclusion that 

the Philadelphia Area will attain the 

NAAQS despite the model prediction 

that some monitors’ future design values 

exceed the 1997 8-hour ozone NAAQS. 

EPA’s review of the WOE analysis in 

the Attainment TSD included the 

following: (1) A comparison of modelpredicted 2009 ozone design values to 

monitored design values for 2006–2011; 

(2) an analysis of recent ozone trends in 

the Philadelphia Area; and (3) 

alternative methods for calculating the 

2009 ozone design value. As discussed 

in detail in the Attainment TSD, the 

2009 model over predicted ozone design 

values for 2006–2011 for most cases. 

Further, in the Attainment TSD, EPA’s 

analysis concurs with Maryland’s 

analysis of significant declining trends 

in the Philadelphia Area ozone design 

values. The Attainment TSD concluded 

that additional emissions reductions 

have continued to occur due mostly to 

local controls in each nonattainment 

area and to a few reductions in major 

sources due to initiatives in the OTR. 

The Attainment TSD noted that 

monitored ozone design values for each 

of the Philadelphia Area monitors 

continued to decline and to show 

attainment in 2010 and 2011. 

As discussed in detail in the 

Attainment TSD, Maryland’s attainment 

demonstration also asserted an 

alternative baseline concentration could 

be used to demonstrate attainment. 

However, EPA determined in the 

Attainment TSD that the modeling 

would still show nonattainment even 

with this alternative baseline value. 

Likewise, EPA determined in the 

Attainment TSD that Maryland’s 

recalculation of 2009 modeled ozone 

design values with a relative response 

factor in Maryland’s June 4, 2007 SIP 

revision reduced the modeled 2009 

ozone design values slightly but the 

model still over predicts the actual 

monitored 2009 design values. In 

conclusion, in the Attainment TSD, EPA 

determined with the benefit of 2009 

monitored design values that the model 

in Maryland’s June 4, 2007 SIP revision 

overpredicts actual concentrations even 

when model adjustments are made as 

discussed herein to attempt to account 

for model over prediction. 

EPA has determined that the 

Maryland photochemical grid modeling 

results predict a 2009 projected design 

value well above the 1997 8-hour ozone 

NAAQS for the Philadelphia Area. 

However, after taking into account WOE 

arguments regarding model over 

prediction of the 2009 monitored design 

values and recent ozone design value 

trends, which show attainment of the 

standard by 2010, EPA determined that 

the Maryland SIP has demonstrated 

attainment of the ozone standard by the 

extended attainment date of June 2011 

as discussed in detail in the Attainment 

TSD. 


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V. Proposed Action 

EPA is proposing to approve the 1997 

8-hour ozone NAAQS attainment 

demonstration, included in Maryland’s 

June 4, 2007 attainment plan SIP 

revision, as demonstrating attainment 

for the Philadelphia Area by the 

applicable attainment date of June 15, 

2011. EPA is soliciting public comments 

on the issues discussed in this 

document. These comments will be 

considered before taking final action. 

VI. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule, 

pertaining to the 1997 8-hour ozone 

attainment demonstration for the 

Philadelphia Area submitted by 

Maryland on June 4, 2007, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 8, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–20780 Filed 8–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0511; FRL–9718–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Low Emission Vehicle 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

several State Implementation Plan (SIP) 

revisions submitted by the State of 

Maryland. These revisions pertain to 

adoption by Maryland of the California 

Low Emission Vehicle Program (LEV), 

or California Clean Car Program. The 

underlying Maryland regulations 

require all new 2011 and subsequent 

model year passenger cars, light trucks, 

and medium-duty vehicles having a 

gross vehicle weight rating (GVWR) of 

14,000 pounds or less that are sold in 

Maryland to meet California emission 

standards. 

The Clean Air Act (CAA) contains 

authority by which other states may 

adopt new motor vehicle emissions 

standards that are identical to 

California’s standards. Specifically, 

Maryland has adopted California’s light 

and medium-duty new vehicle 

standards by reference, and then 

submitted these rules as part of the 

State’s SIP revision to EPA. The 

Maryland Clean Car program has two 

objectives. The first is to reduce 

emissions of nitrogen oxides (NOX) and 

volatile organic compounds (VOCs), 

both of which are precursors to the 

formation of ground level ozone 

pollution, from new motor vehicles sold 

in Maryland. The second objective of 

the program is to reduce greenhouse gas 

emissions from new motor vehicles 

weighing under 10,000 pounds GVWR. 

Maryland submitted supplemental SIP 

revisions to modify its own program to 

match updates by California to its 

program and to harmonize with recently 

established Federal (and California) 

greenhouse gas and fuel economy 

standards promulgated by EPA 

applicable to 2012–2016 model year 

vehicles of the same vehicle types 

covered by Maryland’s rules. This 

action is being taken under the CAA. 

DATES: Written comments must be 

received on or before September 24, 

2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0511 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0511, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0511. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 


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