Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15711 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

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

Dated: March 10, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2015–06856 Filed 3–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0883; FRL–9924–96– 

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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to make a 

determination that the Baltimore, 

Maryland Serious Nonattainment Area 

(Baltimore Area) has attained the 1997 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS). This 

proposed determination is based upon 

complete, quality-assured, and certified 

ambient air monitoring data that shows 

the Area has monitored attainment of 

the 1997 8-hour ozone NAAQS for the 

2012–2014 monitoring period. If this 

proposal becomes final, the requirement 

for this Area to submit an attainment 

demonstration, reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, and 

contingency measures related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the Area continues to attain the 1997 

8-hour ozone NAAQS. This action does 

not constitute a redesignation to 

attainment. 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 Clean Air Act (CAA) 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. This action is being 

taken under the CAA. 

DATES: Written comments must be 

received on or before April 24, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0883 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–2014–0883, 

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–2014– 

0883. 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: 

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. 

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, RACM, 

RFP, 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 

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15712 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 

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 

For ozone, an area may be considered 

to be attaining the 1997 8-hour ozone 

NAAQS if there are no violations, as 

determined in accordance with 40 CFR 

part 50, based on three complete, 

consecutive calendar years of qualityassured ambient air monitoring data. 

Under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained when the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ozone concentration at an 

ozone monitor is less than or equal to 

0.08 ppm. This 3-year average is 

referred to as the design value. When 

the design value is less than or equal to 

0.084 ppm (based on the rounding 

convention in 40 CFR part 50, Appendix 

I) at each monitor within the area, then 

the area is attaining the NAAQS. Also, 

the data completeness requirement is 

met when the average percent of days 

with valid ambient monitoring data is 

greater than or equal to 90 percent (%), 

and no single year has less than 75% 

data completeness as determined in 

Appendix I of 40 CFR part 50. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the EPA Air Quality System 

(AQS). 

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 AQS 

database and consistent with the 

requirements contained in 40 CFR part 

50, EPA has concluded that this Area 

attained the 1997 8-hour ozone NAAQS. 

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. Proposed Action 

EPA is proposing to make a 

determination that the Baltimore Area 

has attained the 1997 8-hour ozone 

NAAQS. This proposed determination 

is based upon complete, qualityassured, and certified ambient air 

monitoring data that show the Area has 

monitored attainment of the 1997 8- 

hour ozone NAAQS for the 2012–2014 

monitoring period. Once this proposal is 

final, the requirement for this 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 shall be 

suspended for so long as the 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 

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 such Area 

meets the CAA requirements for 

redesignation to attainment. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

This action proposes to make an 

attainment determination 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 (Public Law 104–4); 

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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15713 

• 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, 

concerning a determination of 

attainment for the 1997 8-hour ozone 

NAAQS for the Baltimore Area, does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the State 

Implementation Plan (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, Incorporation by 

reference, Intergovernmental relations, 

Incorporation by reference, Ozone, 

Reporting and recordkeeping 

requirements. 

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

Dated: March 9, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2015–06731 Filed 3–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0833; FRL–9924–97– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Preconstruction 

Requirements—Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted on August 22, 2013 

by the Maryland Department of the 

Environment (MDE). This revision 

pertains to Maryland’s major 

nonattainment New Source Review 

(NSR) program, notably preconstruction 

permitting requirements for sources of 

fine particulate matter (PM2.5). This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before April 24, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0833 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0833, 

David Campbell, Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, 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–2014– 

0833. 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: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 22, 2013, MDE submitted 

a SIP revision request to EPA. This SIP 

revision request, if approved, would 

revise Maryland’s currently approved 

nonattainment NSR program by 

amending Regulation .01 under section 

26.11.01 of the Code of Maryland 

Regulations (COMAR), and Regulations 

.01 and .02 under COMAR 26.11.17. 

Generally, the revisions incorporate 

provisions related to the 2008 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR 

28321 (May 16, 2008). The 2008 NSR 

PM2.5 rule: (1) Required NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) established 

significant emission rates for direct 

PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

oxides of nitrogen (NOX)); (3) 

established PM2.5 emission offsets; and 

(4) required states to account for gases 

that condense to form particles 

(condensables) in PM2.5 emission limits. 

Additionally, the 2008 NSR PM2.5

Rule authorized states to adopt 

provisions in their nonattainment NSR 

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