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[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29970-29972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12488]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0883; FRL-9928-15-Region 3]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Determination of Attainment of the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Baltimore, Maryland Serious 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) has determined that 
the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). This determination is based upon complete, quality-assured, 
and certified ambient air monitoring data that shows the Baltimore Area 
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2012-
2014 monitoring period. EPA is finding the Baltimore Area to be in 
attainment in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on June 25, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0883. 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.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at shandruk.irene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 18, 1997, EPA revised the health-based NAAQS for ozone 
based on 8-hour average concentrations. 62 FR 38856. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm. Id. On April 30, 2004 (69 FR 23858), EPA finalized its 
attainment/nonattainment designations for areas across the country for 
the 1997 8-hour ozone NAAQS. These actions became effective on June 15, 
2004. Among those nonattainment areas was the Baltimore Area 
(specifically, Anne Arundel County, Baltimore City, Baltimore County, 
Carroll County, Harford County, and Howard County), which was 
designated as a moderate ozone nonattainment area. Id. Later, the 
Baltimore Area was reclassified as a serious nonattainment area for the 
1997 ozone NAAQS. 77 FR 4901 (February 1, 2012). See 40 CFR 81.321. Air 
quality monitoring data from the 2012-2014 monitoring period indicate 
that the Baltimore Area is now attaining the 1997 8-hour ozone NAAQS. 
On March 25, 2015 (80 FR 15711), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to 
determine that the Baltimore Area has attained the 1997 8-hour ozone 
NAAQS.
    Under the provisions of EPA's ozone implementation rule (40 CFR 
51.918), if EPA issues a determination that an area is attaining the 
relevant standard (through a rulemaking that includes public notice and 
comment), it will suspend the area's obligations to submit an 
attainment demonstration, reasonably available control measures (RACM), 
reasonable further progress (RFP) plan, contingency measures and other 
planning requirements related to attainment of the 1997 8-hour ozone 
NAAQS for as long as the area continues to attain the standard. This 
suspension remains in effect until such time, if ever, that EPA (i) 
redesignates the area to attainment at which time those requirements no 
longer apply, or (ii) subsequently determines that the area has 
violated the 1997 8-hour ozone NAAQS. Although these requirements are 
suspended, EPA is not precluded from acting upon these elements at any 
time if submitted to EPA for review and approval. The determination of 
attainment is not equivalent to a redesignation under section 107(d)(3) 
of the CAA. The designation status of the Baltimore Area will remain 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that the Baltimore Area meets the CAA requirements for 
redesignation to attainment, including an approved maintenance plan. 
Additionally, the determination of attainment is separate from, and 
does not influence or otherwise affect, any future designation 
determination or requirements for the Baltimore Area based on any new 
or revised ozone NAAQS, and it remains in effect regardless of whether 
EPA designates the Baltimore Area as a nonattainment area for purposes 
of any new or revised ozone NAAQS.

II. EPA's Evaluation

    EPA has reviewed the complete, quality-assured and certified ozone 
ambient air monitoring data for the monitoring period for 2012-2014 for 
the Baltimore Area. The design values for each monitor for the years 
2012-2014 are less than or equal to 0.084 ppm, and all monitors meet 
the data completeness requirements (see Table 1). Based on this 2012-
2014 data from the Air Quality System (AQS) database and consistent 
with the requirements contained in 40 CFR part 50, EPA has concluded 
that the Baltimore Area attained the 1997 8-hour ozone NAAQS. Other 
specific requirements and the rationale for EPA's proposed action are 
explained in the NPR and will not be

[[Page 29971]]

restated here. No public comments were received on the NPR.

    Table 1--2012-2014 Baltimore Area 1997 8-Hour Ozone Design Values
------------------------------------------------------------------------
                                      Average  percent      2012-2014
             Monitor ID                   (%) data        Design value
                                        completeness          (ppm)
------------------------------------------------------------------------
24-003-0014.........................                97             0.074
24-005-1007.........................                95             0.072
24-005-3001.........................                99             0.072
24-013-0001.........................                99             0.069
24-025-1001.........................                98             0.075
24-025-9001.........................                96             0.073
24-510-0054.........................                90             0.064
------------------------------------------------------------------------

    The data in Table 1 are available in EPA's AQS database. The AQS 
report with this data is available in the docket for this rulemaking 
under docket number EPA-R03-OAR-2014-0883 and available online at 
www.regulations.gov, docket number EPA-R03-OAR-2014-0883.

III. Final Action

    EPA has determined that the Baltimore Area has attained the 1997 8-
hour ozone NAAQS. This determination is based upon complete, quality-
assured, and certified ambient air monitoring data that show the 
Baltimore Area has monitored attainment of the 1997 8-hour ozone NAAQS 
for the 2012-2014 monitoring period. This determination suspends the 
requirement for the Baltimore Area to submit an attainment 
demonstration, RACM, a RFP plan, contingency measures, and other 
planning requirements related to attainment of the 1997 8-hour ozone 
NAAQS for so long as the Baltimore Area continues to attain the 1997 8-
hour ozone NAAQS. Although these requirements are suspended, EPA is not 
precluded from acting upon these elements at any time if submitted to 
EPA for review and approval. Finalizing this determination does not 
constitute a redesignation of the Baltimore Area to attainment for the 
1997 8-hour ozone NAAQS under CAA section 107(d)(3). This determination 
of attainment also does not involve approving any maintenance plan for 
the Baltimore Area and does not determine that the Baltimore Area has 
met all the requirements for redesignation under the CAA, including 
that the attainment be due to permanent and enforceable measures. 
Therefore, the designation status of the Baltimore Area will remain 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
takes final rulemaking action to determine that the Baltimore Area 
meets the CAA requirements for redesignation to attainment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action makes a determination of attainment based on air 
quality, and will result in the suspension of certain Federal 
requirements, and will 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 July 27, 2015. 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 determining that the Baltimore Area has attained the 
1997 8-hour ozone NAAQS may not be

[[Page 29972]]

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 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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.  52.1082, paragraph (h) is added to read as follows:

Sec.  52.1082  Determinations of attainment.

* * * * *
    (h) EPA has determined, as of May 26, 2015, that based on 2012 to 
2014 ambient air quality data, the Baltimore nonattainment area has 
attained the 1997 8-hour ozone NAAQS. This determination, in accordance 
with 40 CFR 51.1118, suspends the requirement for this area to submit 
an attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 8-hour ozone NAAQS.

[FR Doc. 2015-12488 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P
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