29970 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 13, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.1870 [Amended] 

■ 2. Section 52.1870 is amended by 

removing and reserving paragraph 

(c)(107). 

[FR Doc. 2015–12363 Filed 5–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 29971 

restated here. No public comments were 

received on the NPR. 

TABLE 1—2012–2014 BALTIMORE AREA 1997 8-HOUR OZONE DESIGN VALUES

Monitor ID 

Average 

percent (%) data 

completeness 

2012–2014 

Design value 

(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, qualityassured, 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 


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29972 Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations 

1The EPA, however, is acting on all four SIP 

submittals in this notice because each submittal 

contains necessary procedural information related 

to West Virginia’s revisions to its nonattainment 

NSR regulations and development of its SIP 

submittals, which are required for SIP revisions by 

40 CFR parts 51 and 52. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1082, paragraph (h) is added 

to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0792; FRL–9928–02– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources Which Cause or Contribute to 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

four State Implementation Plan (SIP) 

revisions submitted by the West 

Virginia Department of Environmental 

Protection for the State of West Virginia 

on June 29, 2010, July 8, 2011, July 6, 

2012, and July 1, 2014 with the 

exception of certain revisions related to 

ethanol production facilities on which 

the EPA is taking no action at this time. 

These revisions pertain to West 

Virginia’s nonattainment New Source 

Review (NSR) program, notably 

provisions for preconstruction 

permitting requirements for major 

sources of fine particulate matter (PM2.5) 

and NSR reform. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

June 25, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0792. 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 5, 2015 (80 FR 6491), the 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, the EPA proposed 

approval of revisions to West Virginia’s 

nonattainment NSR program, notably 

provisions for preconstruction 

permitting requirements for major 

sources of PM2.5 and for NSR reform, 

with the exception of certain revisions 

related to ethanol production facilities 

on which the EPA proposed taking no 

action. The formal SIP revisions were 

submitted by West Virginia on June 29, 

2010, July 8, 2011, July 6, 2012, and July 

1, 2014. 

While each of the SIP revisions was 

submitted individually, the EPA is 

finalizing approval of these submittals 

as a whole. As described in the 

proposal, there are some instances 

where specific language was added in a 

West Virginia regulation included in 

one of the earlier SIP submittals but the 

language was subsequently removed 

from that same regulation included in a 

later SIP submittal such that the EPA 

therefore only assessed the 

approvability of that portion of the 

regulation included in the later SIP 

submittal. It should be noted that the 

most recent version of West Virginia’s 

nonattainment NSR regulations is the 

version included for SIP approval in the 

2014 submittal, and this submittal 

reflects the sum of the changes made 

from the 2010, 2011, and 2012 

submittals as well.1

In this final action, the EPA is 

revising 40 CFR part 52, subpart XX to 

reflect approval of revisions to West 

Virginia’s nonattainment NSR program 

in Series 19 under Title 45 of West 

Virginia Code of State Rules (45CSR19), 

with the exception of certain provisions 

related to ethanol production facilities 

on which the EPA proposed taking no 

action. A full description of the 

revisions submitted by West Virginia is 

available in the proposed approval and 

in the docket for this rulemaking action. 

No comments were received during the 

public comment period for the proposed 

rule. 

II. Summary of SIP Revision 

The revisions submitted by WVDEP 

which the EPA is approving in this 

action involve amendments to 45CSR19 

(Permits for Construction and Major 

Modification of Major Stationary 

Sources Which Cause or Contribute to 

Nonattainment Areas) as a result of 

Federal regulatory actions discussed in 

the proposal for this final rule. A 

summary of the changes made in the 

2010, 2011, 2012, and 2014 submittals 

are available in the docket under 

‘‘Summary of West Virginia NSR 

Changes.’’ 

As discussed in the proposal to this 

final rule, West Virginia’s SIP revisions 

include provisions that exclude 

facilities that produce ethanol through a 

natural fermentation process from the 


wreier-aviles on DSK5TPTVN1PROD with RULES