72374 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 

Dated: November 16, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–30140 Filed 11–22–11; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0819; FRL–9495–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Baltimore Nonattainment 

Area Determinations of Attainment of 

the 1997 Annual Fine Particulate 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

determinations regarding the Baltimore 

fine particulate matter (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Baltimore Area’’ or ‘‘Area’’). 

First, EPA is proposing to determine 

that the Area has attained the 1997 

annual PM2.5 National Ambient Air 

Quality Standard (NAAQS). This 

proposed clean data determination is 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 period showing 

that the Area has monitored attainment 

of the 1997 annual PM2.5 NAAQS and 

data available to date for 2011 in EPA’s 

Air Quality System (AQS) database that 

show the Area continues to attain. If 

EPA finalizes this proposed clean data 

determination, the requirements for the 

Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to the 

attainment of the standard shall be 

suspended for so long as the Area 

continues to attain the annual PM2.5

NAAQS. EPA is also proposing to 

determine, based on quality-assured and 

certified monitoring data for the 2007– 

2009 monitoring period, that the Area 

has attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. In addition, EPA 

is withdrawing the July 31, 2009 (74 FR 

38161) proposed clean data 

determination for the Baltimore Area. 

These actions are being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before December 23, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0819 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0819, 

Cristina Fernandez, 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 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–2011– 

0819. 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. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

This supplementary information 

section is arranged as follows: 

I. What actions are EPA proposing? 

II. What is the background of these actions? 

III. What is EPA’s analysis of the relevant air 

quality data? 

IV. What are the effects of these actions? 

V. Statutory and Executive Order Reviews 

I. What actions are EPA proposing? 

In accordance with section 179(c)(1) 

of the CAA, 42 U.S.C. 7509(c)(1), and 40 

CFR 51.1004(c), EPA is proposing to 

determine that the Baltimore Area has 

attained the 1997 annual PM2.5 NAAQS. 

The proposal is based upon qualityassured and certified ambient air 

monitoring data for the 2007–2009 and 

2008–2010 monitoring periods that 

show that the Area attained the 1997 

annual PM2.5 NAAQS, and data 

available to date for 2011 that shows the 

Area continues to attain. EPA is also 

proposing to determine, in accordance 

with EPA’s PM2.5 Implementation Rule 

of April 25, 2007 (72 FR 20664), that the 

Baltimore Area has attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

Finally, EPA is withdrawing the 

previous clean data proposal for the 

Baltimore Area published on July 31, 

2009 (74 FR 38161) since that action 

was never finalized and more current 

data is now available. 

II. What is the background for these 

actions? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (mg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations (hereafter 

referred to as ‘‘the annual PM2.5

NAAQS’’ or ‘‘the annual standard’’). At 

that time, EPA also established a 24- 

hour standard of 65 mg/m3. (Today’s 

action does not address the 24-hour 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 72375 

standard.). See, 40 CFR 50.7. On January 

5, 2005 (70 FR 944), EPA published its 

air quality designations and 

classifications for the annual PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Baltimore Area was 

designated nonattainment for the 1997 

annual PM2.5 NAAQS during this 

designations process. See, 40 CFR 

81.321 (Maryland). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 mg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 mg/m3 based on a 

3-year average of the 98th percentile of 

24-hour concentrations (the ‘‘2006 24- 

hour standard’’). On November 13, 

2009, EPA designated the Baltimore 

Area as attainment for the 2006 24-hour 

standard. In that action, EPA also 

clarified the designations for the PM2.5

NAAQS promulgated in 1997 stating 

that the Baltimore Area was attainment 

for the 1997 24-hour standard (74 FR 

58688). Today’s action, however, does 

not address either the 1997 or the 2006 

24-hour standard. 

In response to legal challenges of the 

annual standards promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) 

remanded this standard to EPA for 

further consideration. See, American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (DC Cir. 2009). However, 

given that the 1997 and 2006 annual 

standards are essentially identical, 

attainment of the 1997 annual standard 

would also indicate attainment of the 

remanded 2006 annual standard. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which EPA provided guidance for 

state and tribal plans to implement the 

1997 PM2.5 standard. This rule, at 40 

CFR 51.1004(c), specifies some of the 

regulatory consequences of attaining the 

standard, as discussed later. 

On July 31, 2009 (74 FR 38161), EPA 

proposed, but never finalized a clean 

data determination for the Baltimore 

Area. See, Docket ID No. EPA–R03– 

OAR–2009–0199. EPA is withdrawing 

this previous clean data proposal for the 

Baltimore Area. 

III. What is EPA’s analysis of the 

relevant air quality data? 

Today’s proposed rulemaking 

determines that the Baltimore Area has 

clean data for the 1997 annual PM2.5

NAAQS, based on the most recent three 

years of quality-assured data and data 

available to date for 2011 and that the 

Area attained the 1997 annual PM2.5

NAAQS by its applicable attainment 

date of April 5, 2010. Under EPA 

regulations at 40 CFR 50.7, the 1997 

annual primary and secondary PM2.5

standards are met when the annual 

arithmetic mean concentration, as 

determined in accordance with 40 CFR 

part 50, appendix N, is less than or 

equal to 15.0 mg/m3 at all relevant 

monitoring sites in the subject area. 

EPA has determined that the PM2.5

monitoring network for the Baltimore 

Area is adequate. First, the number of 

monitors in the Area meets the 

minimum regulatory requirements given 

in 40 CFR part 58, appendix D. Second, 

the monitoring is in accordance with the 

monitoring plans that have been 

reviewed and approved by EPA. 

Table 1 shows the design values (i.e., 

the 3-year average of annual mean PM2.5

concentrations) for the annual PM2.5

NAAQS for the Baltimore Area monitors 

for the years 2008–2010. All data 

considered have been quality-assured, 

certified, and recorded in AQS. Table 2 

shows the design values (i.e., the 3-year 

average of annual mean PM2.5

concentrations) for the annual PM2.5

NAAQS for the Baltimore Area monitors 

for the years 2007–2009. All data 

considered have been quality-assured, 

certified, and recorded in AQS. EPA’s 

review of these data indicates that the 

Baltimore Area has met the annual 

PM2.5 NAAQS and that the Area 

attained the PM2.5 standard by its 

attainment date of April 5, 2010. 

TABLE 1—BALTIMORE AREA 2008–2010 PM2.5 DATA (IN μg/m3) 

City Site ID 2008 

Annual mean 

2009 

Annual mean 

2010 

Annual mean 

2008–2010 

Design value 

Glen Burnie .......................................................................... 24–003–1003 12.6 11.1 11.0 11.6 

Padonia ................................................................................ 24–005–1007 11.9 10.2 10.4 10.8 

Essex ................................................................................... 24–005–3001 12.6 11.0 11.6 11.7 

Edgewood ............................................................................ 24–025–1001 11.3 9.6 9.5 10.1 

Baltimore .............................................................................. 24–510–0006 12.2 10.1 10.1 10.8 

Baltimore .............................................................................. 24–510–0007 12.4 10.3 10.3 11.0 

Baltimore .............................................................................. 24–510–0008 12.7 11.1 11.0 11.6 

TABLE 2—BALTIMORE AREA 2007–2009 PM2.5 DATA (IN μg/m3) 

City Site ID 2007 

Annual mean 

2008 

Annual mean 

2009 

Annual mean 

2007–2009 

Design value 

Glen Burnie .......................................................................... 24–003–1003 13.4 12.6 11.1 12.4 

Padonia ................................................................................ 24–005–1007 13.3 11.9 10.2 11.8 

Essex ................................................................................... 24–005–3001 14.0 12.6 11.0 12.6 

Edgewood ............................................................................ 24–025–1001 12.2 11.3 9.6 11.0 

Baltimore .............................................................................. 24–510–0035 14.1 * * * 

Baltimore .............................................................................. 24–510–0006 13.1 12.2 10.1 11.8 

Baltimore .............................................................................. 24–510–0007 13.4 12.4 10.3 12.0 

Baltimore .............................................................................. 24–510–0008 15.0 12.7 11.1 12.9 

* Monitor Site ID 24–510–0035 shut down in August 2008 due to demolition of the monitoring site. 

Preliminary data for 2011 which has 

not been quality-assured or certified is 

included in Table 3 below. This 

preliminary 2011 data indicates that the 

Area continues to attain the annual 

PM2.5 NAAQS. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

72376 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Proposed Rules 

TABLE 3—BALTIMORE AREA PRELIMINARY 2011 PM2.5 DATA (IN μg/m3) 

City Site ID 

2011 

Preliminary 

annual mean 

Glen Burnie .............................................................................................................................................................. 24–003–1003 10.5 

Padonia .................................................................................................................................................................... 24–005–1007 9.9 

Essex ....................................................................................................................................................................... 24–005–3001 10.6 

Edgewood ................................................................................................................................................................ 24–025–1001 9.3 

Baltimore .................................................................................................................................................................. 24–510–0006 9.9 

Baltimore .................................................................................................................................................................. 24–510–0007 9.5 

Baltimore .................................................................................................................................................................. 24–510–0008 10.8 

Additional information about the 

monitoring network and air quality data 

can be found in the Technical Support 

Document (TSD) for this action which is 

available online at www.regulations.gov, 

Docket number EPA–R03–OAR–2011– 

0819. 

IV. What is the effect of these actions? 

If EPA’s proposed clean data 

determination based on the most recent 

three years of quality-assured data and 

data available to date for 2011, is made 

final, the requirements for the Baltimore 

Area to submit an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS would be suspended for so long 

as the Baltimore Area continues to 

attain the 1997 annual PM2.5 NAAQS. 

See, 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the Baltimore 

Area to attainment for the 1997 annual 

PM2.5 NAAQS. If this proposed 

determination is finalized and EPA 

subsequently determines, after noticeand-comment rulemaking in the Federal 

Register, that the Area has violated the 

1997 annual PM2.5 NAAQS, the basis for 

the suspension of the specific 

requirements would no longer exist for 

the Baltimore Area, and the Area would 

thereafter have to address the applicable 

requirements. See, 40 CFR 51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the CAA. Further, finalizing this 

proposed action does not involve 

approving a maintenance plan for the 

Area as required under section 175A of 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Baltimore Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Baltimore Area. 

In addition, if EPA’s separate and 

independent proposed determination 

that the Area has attained the 1997 

annual PM2.5 standard by its applicable 

attainment date (April 5, 2010), is 

finalized, EPA will have met its 

requirement pursuant to section 

179(c)(1) of the CAA to make a 

determination based on the Area’s air 

quality data as of the attainment date 

whether the Area attained the standard 

by that date. 

These two actions described above are 

proposed determinations regarding the 

Baltimore Area’s attainment only with 

respect to the 1997 annual PM2.5

NAAQS. Today’s actions do not address 

the 24-hour PM2.5 NAAQS. EPA is also 

withdrawing its previously proposed 

clean data determination (74 FR 38161) 

for the 1997 annual PM2.5 standard since 

the previous action was never finalized 

and more current data is now available. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

V. Statutory and Executive Order 

Reviews 

This action proposes to make 

attainment determinations based on air 

quality data and would, if finalized, 

result in the suspension of certain 

Federal requirements and would not 

impose any additional requirements. 

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 to find 

that the Baltimore Area attained the 

annual 1997 PM2.5 standard and 

attained the standard by its attainment 

date 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, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: November 15, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–30300 Filed 11–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS