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[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Rules and Regulations]               
[Page 33172-33174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn10-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0956; FRL-9160-3]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission 
Inventory, Contingency Measures, 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.

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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 of the 
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, 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.

DATES: Effective Date: This final rule is effective on July 12, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2009-0956. All documents in the docket are listed in 
the http://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 http://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: Maria A. Pino, (215) 814-2181, or by 
e-mail at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 7, 2010 (75 FR 953), EPA published a notice of proposed 
rulemaking (NPR) for a SIP 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 MVEBs for 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 
D of the CAA and EPA's regulations. The formal SIP revision was 
submitted by the State of Maryland on June 4, 2007.

II. Summary of SIP Revision

    The SIP revision addresses emissions inventory, RACM, RFP and 
contingency measures requirements for the 1997 8-hour ozone NAAQS for 
the Maryland portion of the Philadelphia 8-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 the legal obligation for the 
states to adopt and submit SIP revisions

[[Page 33173]]

addressing these specific obligations 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.

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 Maryland portion of the Philadelphia 8-hour ozone nonattainment 
area, contained in Maryland's June 4, 2007 SIP revision submittal for 
the Maryland portion of the 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 Requirements

    Under the Clean Air Act, 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 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 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 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 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 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 August 10, 2010. 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 portion 
of the Philadelphia moderate 1997 8-hour ozone nonattainment area's 
2002 base year emissions inventory, 2008 ozone projected emission 
inventory, 2008 RFP plan, RFP contingency measures, RACM analysis, and 
2008 transportation conformity budgets 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 27, 2010.
William C. Early,
Acting Regional Administrator, EPA Region III.

0
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.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding at 
the end of the 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 of the 
Philadelphia 1997 8-hour Ozone Moderate Nonattainment Area.
    The amendments read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 33174]]

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   Name of non-regulatory SIP        Applicable      State submittal                            Additional
            revision               geographic area         date        EPA approval date        explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonable Further Progress      Maryland portion            6/4/07   6/11/10 [Insert     ......................
 Plan (RFP), Reasonably           of the                               page number where
 Available Control Measures,      Philadelphia 1997                    the document
 and Contingency Measures.        8-hour ozone                         begins].
                                  moderate
                                  nonattainment
                                  area.
2002 Base Year Inventory for     Maryland portion            6/4/07   6/11/10 [Insert     ......................
 VOC, NOX, and CO.                of the                               page number where
                                  Philadelphia 1997                    the document
                                  8-hour ozone                         begins].
                                  moderate
                                  nonattainment
                                  area.
2008 RFP Transportation          Maryland portion            6/4/07   6/11/10 [Insert     ......................
 Conformity Budgets.              of the                               page number where
                                  Philadelphia 1997                    the document
                                  8-hour ozone                         begins].
                                  moderate
                                  nonattainment
                                  area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1075 is amended by adding paragraph (j) to read as 
follows:

Sec.  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 
of the Philadelphia 1997 8-hour ozone moderate nonattainment area 
submitted by the Secretary of the Maryland Department of the 
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 (CO) and nitrogen oxides 
(NOX).

0
4. Section 52.1076 is amended by adding paragraphs (s) and (t) to read 
as follows:

Sec.  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 contingency measures for the 
Maryland portion of the Philadelphia 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Maryland 
Department of the Environment on June 4, 2007.
    (t) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of 
the Maryland Department of the Environment on June 4, 2007:

          Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                                   Effective date of adequacy
       Type of control strategy SIP           Year     VOC  (TPD)  NOX  (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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[FR Doc. 2010-13687 Filed 6-10-10; 8:45 am]
BILLING CODE 6560-50-P
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