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[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Rules and Regulations]               
[Page 31709-31711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn10-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0957; FRL-9158-4]

 
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 Baltimore 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 2002 base year emissions 
inventory, the reasonable further progress (RFP) plan, RFP contingency 
measure, and reasonably available control measure (RACM) requirements 
of the Clean Air Act (CAA) for the Baltimore 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 6, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2009-0957. 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 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 958), EPA published a notice of proposed 
rulemaking (NPR) for 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 Baltimore 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 Baltimore 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 Baltimore 8-hour ozone 
nonattainment area and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

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 Baltimore 8-hour ozone nonattainment area, contained in Maryland's 
June 4, 2007 SIP revision submittal for the Baltimore 8-hour ozone 
nonattainment area. The SIP revision satisfies the requirements for 
1997 8-hour ozone NAAQS nonattainment areas classified as moderate and 
demonstrates further progress in reducing ozone precursors.

[[Page 31710]]

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 3, 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 Baltimore 
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 21, 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. The amendments read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable           State
            revision               geographic area   submittal date   EPA approval date   Additional explanation
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                                                  * * * * * * *
Reasonable Further Progress      Baltimore 1997 8-           6/4/07  6/4/10 [Insert page
 Plan (RFP), Reasonably           hour ozone                          number where the
 Available Control Measures,      moderate                            document begins]
 and Contingency Measures.        nonattainment
                                  area.
2002 Base Year Inventory for     Baltimore 1997 8-           6/4/07  6/4/10 [Insert page
 VOC, NOX, and CO.                hour ozone                          number where the
                                  moderate                            document begins]
                                  nonattainment
                                  area.
2008 RFP Transportation          Baltimore 1997 8-           6/4/07  6/4/10 [Insert page
 Conformity Budgets.              hour ozone                          number where the
                                  moderate                            document begins]
                                  nonattainment
                                  area.
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[[Page 31711]]

0
3. Section 52.1075 is amended by revising the section heading and by 
adding paragraph (i) to read as follows:

Sec.  52.1075  Base year emissions inventory.

* * * * *
    (i) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Baltimore 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 (q) and (r) to read 
as follow:

Sec.  52.1076  Control strategy plans for attainment and rate-of-
progress: Ozone.

* * * * *
    (q) 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 
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by 
the Secretary of the Maryland Department of the Environment on June 4, 
2007.
    (r) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Baltimore 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 Baltimore Area
----------------------------------------------------------------------------------------------------------------
                                                                                    Effective date of adequacy
     Type of control strategy SIP           Year        VOC (TPD)     NOX (TPD)    determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan.................         2008          41.2         106.8   April 13, 2009, (74 FR 13433),
                                                                                   published March 27, 2009.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-13381 Filed 6-3-10; 8:45 am]
BILLING CODE 6560-50-P
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