31702 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

Services are inapplicable. For purposes 

of such appeals: 

* * * * * 

■ 16. Revise § 1000.430 to read as 

follows: 

§ 1000.430 Who handles appeals regarding 

reassumption for imminent jeopardy? 

Appeals regarding reassumption of 

Title I-eligible PFSAs are handled by the 

IBIA under the procedures in 25 CFR 

900.171 through 900.176. Appeals 

regarding reassumption of PFSAs that 

are not Title I-eligible are handled by 

the CBCA under the procedures in 48 

CFR part 6101. 

■ 17. Revise § 1000.431 to read as 

follows: 

§ 1000.431 Does the Equal Access to 

Justice Act (EAJA) apply to appeals under 

this subpart? 

Yes. EAJA claims against the DOI will 

be heard under 48 CFR 6101.30, 6101.31 

(CBCA) and 43 CFR 4.602, 4.604 

through 4.628 (DOI) and under the 

Equal Access to Justice Act, 5 U.S.C. 504 

and 28 U.S.C. 2412. 

Dated: October 30, 2009. 

Larry Echo Hawk, 

Assistant Secretary, Indian Affairs, 

Department of the Interior. 

Dated: May 24, 2010. 

Yvette Roubideaux, 

Director, Indian Health Service, Department 

of Health and Human Services. 

[FR Doc. 2010–13297 Filed 6–3–10; 8:45 am] 

BILLING CODE 4310–79–P 

POSTAL SERVICE 

39 CFR PART 111 

General Information on Postal Service 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal Service announces 

the issuance of Issue 300, dated May 11, 

2009, of the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM), and its 

incorporation by reference in the Code 

of Federal Regulations. 

DATES: Effective Date: This final rule is 

effective on June 4, 2010. The 

incorporation by reference of Issue 300, 

May 11, 2009, of the DMM is approved 

by the Director of the Federal Register 

as of June 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins (202) 268–3789. 

SUPPLEMENTARY INFORMATION: The most 

recent Issue 300 of the Domestic Mail 

Manual (DMM) was issued on May 11, 

2009. 

This Issue of the DMM contains all 

Postal Service domestic mailing 

standards. This issue continues to 

(1) increase the user’s ability to find 

information, (2) increase confidence that 

users have found all the information 

they need, and (3) reduce the need to 

consult multiple chapters of the Manual 

to locate necessary information. Issue 

300, dated May 11, 2009, set forth 

specific changes, such as new standards 

throughout the DMM to support the 

pricing changes approved by the 

Governors of the United States Postal 

Service. The new prices and standards 

were effective May 11, 2009. Changes to 

mailing standards will continue to be 

published through Federal Register 

notices and the Postal Bulletin, and will 

appear in the next printed version of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

and in the online version available via 

Postal Explorer http://pe.usps.com. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Incorporation by reference. 

■ In view of the considerations 

discussed above, the Postal Service 

hereby amends 39 CFR Part 111 as 

follows: 

PART 111—GENERAL INFORMATION 

ON POSTAL SERVICE 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, 5001. 

■ 2. Amend § 111.3(f) by adding the 

following new entry at the end of the 

table: § 111.3 Amendment to the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual. 

* * * * * 

(f) * * * 

Transmittal letter for issue publication Dated Federal Register 

Issue 300 ........................................................ May 12, 2008 ................................................. [Insert FR citation for this Final Rule]. 

Issue 300 ........................................................ May 11, 2009 ................................................. [Insert FR citation for this Final Rule]. 

■ 3. Amend § 111.4 by removing ‘‘May 

7, 2008’’ and adding ‘‘June 4, 2010’’. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–13356 Filed 6–3–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 7 

[EPA–HQ–OA–2004–0002; FRL–9158–9] 

RIN 2090–AA37 

Nondiscrimination on the Basis of Age 

in Programs or Activities Receiving 

Federal Assistance from the 

Environmental Protection Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on Nondiscrimination on the 

Basis of Age in Programs or Activities 

Receiving Federal Assistance from the 

Environmental Protection Agency. This 

document sets out EPA rules for 

implementing the Age Discrimination 

Act of 1975, as amended. The Act 

prohibits discrimination on the basis of 

age in programs or activities receiving 

Federal assistance. 

DATES: This rule is effective on October 

4, 2010 without further notice, unless 

EPA receives adverse comment by 

August 3, 2010. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OA–2004–0002, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31703 

• Fax: 202–566–0562. 

• Mail: OEI Docket, U.S. EPA, Mail 

Code: 28221T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. 

• Hand delivery: OEI Docket, EPA 

Docket Center, Room 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangement should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OA–2004– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket in the EPA Docket 

Center (EPA/DC), EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The EPA/DC Public 

Reading Room is open from 8 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Reading Room is 202– 

566–1744, and the telephone number for 

the OEI Docket is 202–566–1752. 

Submitting CBI: Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedure set forth in 

40 CFR Part 2. 

Tips for Preparing Your Comments 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

of section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

FOR FURTHER INFORMATION CONTACT: Tom 

Walker, U.S. Environmental Protection 

Agency, Office of Civil Rights, (Mail 

Code 1201A), 1200 Pennsylvania Ave., 

NW., Washington, DC 20460, telephone 

(202) 343–9894. 

SUPPLEMENTARY INFORMATION: 

Why Is EPA Using a Direct Final Rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment because 

(1) entities that have applied for and 

received assistance from EPA comply 

with the Age Discrimination Act of 

1975. This rule implements the Age 

Discrimination Act of 1975, and would 

not substantively change existing 

obligations for recipients. (2) The 

current action has been reviewed and 

approved by the U.S. Department of 

Health and Human Services (HHS), the 

lead Federal agency that sets the 

government-wide standards to be 

followed by all Federal agencies 

implementing the Age Discrimination 

Act. However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to the 

Age Discrimination regulations if 

adverse comments are received on this 

direct final rule. We will not institute a 

second comment period on this action. 

Any parties interested in the 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

I. General Information 

These regulations implement 

provisions of the Age Discrimination 

Act of 1975, as amended. The Age 

Discrimination Act of 1975, 42 U.S.C. 

6101 et. seq., (The Act) prohibits 

discrimination on the basis of age in 

programs or activities receiving Federal 

assistance. The Act applies to persons of 

all ages. The Act also contains specific 

exceptions that permit the use of certain 

age distinctions and factors other than 

age that meet the Act’s requirements. 

The Act however, does not cover 

employment discrimination on the basis 

of age. The Age Discrimination in 

Employment Act of 1967, 29 U.S.C. 621 

et. seq., (ADEA) applies specifically to 

employment practices and programs, 

both in the public and private sectors, 

and applies only to persons 40 and over. 

Complaints of employment 

discrimination based on age against an 

individual by recipients of Federal 

financial assistance are subject to the 

ADEA and should be filed 

administratively with the Equal 

Employment Opportunity Commission 


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31704 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

(EEOC) (see 29 CFR part 1626). The 

EEOC has recently published in the 

Federal Register a Notice of Proposed 

Rulemaking (NPRM) under the authority 

of the ADEA (see 75 FR 7212 (Feb. 18, 

2010)). EEOC’s NPRM defines the term 

‘‘reasonable factors other than age’’ 

(RFOA) under the ADEA, a term that is 

also used in the Age Discrimination Act 

and in the subject regulation. Because of 

the different statutory bases for the two 

regulations, the use of the term RFOA in 

EPA’s regulation implementing the Age 

Discrimination Act has no effect on 

EEOC’s regulation under the ADEA and 

the use of the term RFOA in EEOC’s 

regulation has no effect on EPA’s 

regulation. Nonetheless, EPA would 

accept comments about any potential 

impact of EEOC’s definition on EPA’s 

regulation. Parties interested in the 

ADEA action should refer to the Federal 

Register; 75 FR 7212 (Feb. 18, 2010). 

The Act required the former 

Department of Health, Education, and 

Welfare (HEW) to issue general, 

government-wide regulations setting 

standards to be followed by all Federal 

agencies implementing the Act. These 

government-wide regulations, which 

were issued on June 12, 1979, (45 CFR 

part 90; 44 FR 33768) and became 

effective on July 1, 1979, required each 

Federal agency providing assistance to 

any program or activity to publish final 

regulations implementing the Act, and 

to submit final agency regulations to 

HEW (now the Department of Health 

and Human Services (HHS)), before 

publication in the Federal Register. (See 

45 CFR 90.31.) The Act became effective 

on the effective date of HEW’s final 

government-wide regulations (i.e., July 

1, 1979). The Act was amended by the 

Civil Rights Restoration Act of 1987, 

Public Law 100–259, 102 Stat. 28, to 

add a definition for the term ‘‘program 

or activity.’’ 

The Age discrimination regulations 

apply to all applicants for, and 

recipients of, EPA assistance in the 

operation of their programs or activities, 

and only establish and enforce statutory 

rights that prohibit discrimination on 

the basis of age. These regulations do 

not apply to any program or activity 

unless that program or activity applies 

for and/or receives Federal assistance 

from the Agency. 

EPA’s Age discrimination regulations 

which implement the Age 

Discrimination Act of 1975, will amend 

the U.S. Code of Federal Regulations (40 

CFR Part 7) by adding Age as a 

protected classification to the Agency’s 

nondiscrimination regulations. 

Currently, the Agency’s 

nondiscrimination regulations prohibit 

discrimination on the basis of race, 

color, national origin, sex (gender), or 

disability in any program or activity 

receiving EPA assistance. The Age 

Discrimination regulations will become 

the new Part 7 Subpart F— 

Discrimination Prohibited on the Basis 

of Age. 

The regulation states, ‘‘No person in 

the United States may, on the basis of 

age, be excluded from participation in, 

be denied the benefits of, or be 

subjected to discrimination under any 

program or activity receiving EPA 

assistance.’’ (40 CFR 7.140) The specific 

prohibited actions are patterned after 

the regulations issued under Title VI of 

the Civil Rights Act of 1964 (40 CFR 

7.30). As a general rule, separate or 

different treatment which denies or 

limits services from, or participation in, 

a program receiving Federal funds will 

be prohibited by these regulations. 

The Act does include some 

exceptions to the general rule against 

age discrimination. The regulations 

provide definitions for two terms 

‘‘normal operations’’ and ‘‘statutory 

objective’’ (40 CFR 7.25) that provide the 

framework for which the exceptions can 

apply. (40 CFR 7.150) For example, the 

normal operations and objectives of our 

public schools are to educate our 

nation’s children. Public schools, for 

instance, have received Federal 

environmental grants, to establish 

ecology clubs or educate students on 

water restoration and beach ecology. 

These school programs are just a few 

examples of recipients operating under 

normal conditions and meeting their 

objectives while receiving Federal 

assistance targeted at a specific age 

group, and are therefore, permissible 

under the Act. 

Recipients of EPA funds are also 

permitted to take an action otherwise 

prohibited by the Act, if the action is 

based on ‘‘reasonable factors other than 

age.’’ (40 CFR 7.155) For example, 

children may be more vulnerable to 

environmental exposures (i.e. lead 

poisoning) than adults because their 

bodily systems are still developing. 

Providing grants to recipients to 

research these specific exposure risks in 

children play an important role in 

protecting children’s health. Even 

though environmental toxins may also 

affect adults, it is thought that children 

are generally more vulnerable to such 

environmental exposures. Thus, 

recipients that are solely studying the 

unique environmental exposure risks to 

children (targeting a specific age group) 

are taking actions based on ‘‘reasonable 

factors other than age’’, and, such 

studies are therefore permissible under 

the Act. As noted above, the use of the 

term ‘‘reasonable factors other than age’’ 

in EPA’s regulation has no effect on 

EEOC’s RFOA definition under the 

ADEA and, conversely, the use of the 

term RFOA by the EEOC has no effect 

on EPA’s regulation. 

In addition, these regulations 

incorporate the provisions of the general 

regulations (45 CFR part 90; 44 FR 

33768) permitting a recipient of a 

program to provide special benefits for 

children and the elderly. (40 CFR 7.165) 

These special benefits often take the 

form of special discounts or reduced 

fees for the elderly or children in a 

Federally funded program. 

II. Rulemaking History 

EPA first proposed regulations 

implementing the Age Discrimination 

Act as part of its proposed consolidated 

nondiscrimination regulations on 

January 8, 1981 (46 FR 2306–2312). The 

Age Discrimination Act provisions were 

not included in the final rule published 

on January 12, 1984 (49 FR 1656–66), 

because they had not been approved by 

HHS as required by the Act. During 

1993 through 1998, the regulations were 

submitted to HHS and went through 

different revisions in an on-going effort 

between EPA and HHS. Because of the 

time lapse since the regulations were 

initially drafted, in 2002 EPA had 

conducted an internal re-review of the 

draft regulations. The draft Age 

Discrimination Act regulations were 

then resubmitted to HHS in 2002, which 

granted its approval later that year. In 

January 2003, new regulatory 

development guidelines were issued, 

which spurred another delay in the 

publication of EPA’s draft Age 

regulations. Between 2003 and 2004, 

EPA’s internal re-review resulted in 

various revisions to the draft regulations 

based on the new regulatory 

development guidelines. In 2005, EPA 

resubmitted its final draft Age 

discrimination regulations to HHS. The 

revised regulations were subsequently 

approved by HHS in 2006. EPA is now 

publishing these regulations as a direct 

final rule along, with a parallel 

proposed rule. Any comments 

submitted during the 1981, public 

comment period pertaining to the Age 

provisions of the consolidated 

nondiscrimination regulations are no 

longer available for viewing. Comments 

on the current rule are welcome. If EPA 

receives public comment on the current 

direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

direct final rule will not take effect. We 

would address all public comments in 

any subsequent final rule based on the 

current parallel proposed rule as 

mentioned above. 


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Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31705 

III. Statutory and Executive Orders 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action.’’ Accordingly, EPA submitted 

this action to the Office of Management 

and Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act of 1995 

This action does not impose any new 

information collection burden. EPA 

Form 4700–4 (Preaward Compliance 

Review Report for All Applicants 

Requesting Federal Assistance), which 

is used to collect compliance 

information under EPA’s 

nondiscrimination regulations, already 

requests civil rights compliance 

information based on age under the Age 

Discrimination Act of 1975. The current 

version, which also requests civil rights 

compliance information based on race, 

color, national origin, sex, or handicap 

as well as age, has been in use since 

January 1990. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations at 40 CFR Part 7 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2030–0020. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR Part 9. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the U.S. Small Business 

Administration in 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s direct final rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. This direct final rule will not 

impose any requirements on small 

entities because it only formalizes 

existing requirements for entities 

receiving assistance from EPA and 

would not substantively change existing 

obligations on recipients. The 

requirements prohibiting age 

discrimination by recipients of Federal 

assistance that are in the Age 

Discrimination Act and the governmentwide regulations have been in effect 

since 1979. 

D. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may result 

in expenditures to State, local, and 

Tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

Today’s rule contains no Federal 

mandates under the regulatory 

provisions of Title II of the UMRA for 

State, local, or Tribal governments or 

the private sector for the following 

reasons: (1) The UMRA excludes from 

the definitions of ‘‘Federal 

intergovernmental mandate’’ and 

‘‘Federal private sector mandate’’ duties 

that arise from conditions of Federal 

assistance; (2) The UMRA generally 

excludes from the definition of ‘‘Federal 

intergovernmental mandate’’ duties that 

arise from participation in a voluntary 

Federal program; (3) The UMRA 

excludes from the definition of ‘‘Federal 

private sector mandate’’ duties that arise 

from participation in a voluntary 

Federal program; and (4) The UMRA 

does not apply to rules that establish or 

enforce statutory rights that prohibit 

discrimination on the basis of race, 

color, religion, sex, national origin, age, 

handicap, or disability. These 

regulations were mandated by Congress 

in the Act. These regulations only 

establish and enforce statutory rights 

that prohibit discrimination on the basis 

of age. These regulations do not apply 

to any program or activity unless that 

program or activity applies for and 

receives Federal assistance from the 

Agency. Application for, and receipt of, 

Federal assistance from the Agency is 

entirely voluntary. No program or 

activity is required to apply for, or 

accept, Federal assistance from the 

Agency. Thus, today’s rule is not subject 

to the requirements of sections 202 and 

205 of the UMRA. 

EPA has determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. These regulations 

apply uniformly to all recipients of 

Federal assistance from the Agency, 

regardless of whether the recipient is a 

small government. Moreover, the 

application for, and acceptance of, 

Federal assistance from the Agency that 

triggers the applicability of these 

regulations is entirely voluntary. 

Furthermore, it has already been 

determined that these regulations will 

not have a significant economic impact 

on small entities. 

E. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255), 

entitled ‘‘Federalism,’’ requires EPA to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 


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31706 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This direct final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule does 

not directly impose any obligations on 

the States and there are no significant 

compliance costs associated with it. 

This rule only applies to State and nonState entities that apply for and receive 

assistance from EPA. When the 

recipient receives the EPA assistance, 

they accept the obligation to comply 

with EPA’s Age Discrimination Act 

implementing regulations. Compliance 

obligations are, therefore, voluntary and 

contractual. No entity is required to 

apply for or accept EPA assistance. 

Thus, Executive Order 13132 does not 

apply to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

direct final rule from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249), 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by Tribal officials in the 

development of regulatory policies that 

have Tribal implications.’’ This direct 

final rule does not have Tribal 

implications, as specified in Executive 

Order 13175. This rule does not directly 

impose any obligations on the Tribes 

and there are no significant compliance 

costs associated with it. This rule only 

applies to Tribal and non-Tribal entities 

that apply for and receive assistance 

from EPA. When the recipient receives 

the EPA assistance, it accepts the 

obligation to comply with EPA’s Age 

Discrimination Act implementing 

regulations. Compliance obligations are, 

therefore, voluntary and contractual. No 

entity is required to apply for or accept 

EPA assistance. Thus, Executive Order 

13175 does not apply to this rule. EPA 

specifically solicits additional comment 

on this direct final rule from Tribal 

officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045 (62 FR 19885), 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks,’’ applies to any rule that: (1) Is 

determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This direct final rule is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

EPA is taking action to approve rules for 

implementing the Age Discrimination 

Act of 1975, as amended. The Act 

prohibits discrimination on the basis of 

age in programs or activities receiving 

Federal assistance. Accordingly, we 

have concluded that this rule is not 

likely to have any adverse energy 

effects. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272n) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

direct final rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. EPA welcomes 

comments on this aspect of the direct 

final rulemaking and, specifically, 

invites the public to identify 

potentially-applicable voluntary 

consensus standards and to explain why 

such standards should be used in this 

regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. EPA is taking action to 

approve rules for implementing the Age 

Discrimination Act of 1975, as 

amended. The Act prohibits 

discrimination on the basis of age in 

programs or activities receiving Federal 

assistance. This rule does not adversely 

affect minority or low-income 

populations therefore, we have 

concluded that this rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations. 

K. Congressional Review Act 

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 


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Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule 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). This rule 

will be effective October 4, 2010. 

List of Subjects in 40 CFR Part 7 

Environmental protection, 

Administrative practice and procedure, 

Age discrimination, Civil rights, Equal 

employment opportunity, Individuals 

with disabilities, Reporting and 

recordkeeping requirements, Sex 

discrimination. 

Dated: May 27, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons stated in the preamble, 

40 CFR part 7 is amended as follows: 

PART 7—NONDISCRIMINATION IN 

PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL ASSISTANCE 

FROM THE ENVIRONMENTAL 

PROTECTION AGENCY 

■ 1. The authority citation for part 7 is 

revised to read as follows: 

Authority: 42 U.S.C. 2000d to 2000d–7 and 

6101 et seq.; 29 U.S.C. 794; 33 U.S.C. 1251nt. 

■ 2. Section 7.10 is revised to read as 

follows: 

§ 7.10 Purpose of this part. 

This part implements: Title VI of the 

Civil Rights Act of 1964, as amended; 

section 504 of the Rehabilitation Act of 

1973, as amended; the Age 

Discrimination Act of 1975, as 

amended; and section 13 of the Federal 

Water Pollution Control Act 

Amendments of 1972, Public Law 92– 

500, (collectively, the Acts). 

■ 3. Section 7.25 is amended by adding 

the definitions for ‘‘Action,’’ ‘‘Age,’’ ‘‘Age 

distinction,’’ ‘‘Age-related term,’’ 

‘‘Normal operation,’’ and ‘‘Statutory 

objective’’ in alphabetical order to read 

as follows: 

§ 7.25 Definitions. 

* * * * * 

Action, for purposes of subpart F of 

this part, means any act, activity, policy, 

rule, standard, or method of 

administration; or the use of any policy, 

rule, standard, or method of 

administration. 

* * * * * 

Age, for purposes of subpart F of this 

part, means how old a person is, or the 

number of elapsed years from the date 

of a person’s birth. 

Age distinction, for purposes of 

subpart F of this part, means any action 

using age or an age-related term. 

Age-related term, for purposes of 

subpart F of this part, means a word or 

words which necessarily imply a 

particular age or range of ages (for 

example; ‘‘children,’’ ‘‘adult,’’ ‘‘older 

persons,’’ but not ‘‘student’’ or ‘‘grade’’). 

* * * * * 

Normal operation, for purposes of 

subpart F of this part, means the 

operation of a program or activity 

without significant changes that would 

impair its ability to meet its objectives. 

* * * * * 

Statutory objective, for purposes of 

subpart F of this part, means any 

purpose of a program or activity 

expressly stated in any Federal statute, 

State statute, or local statute or 

ordinance adopted by an elected, 

general purpose legislative body. 

* * * * * 

■ 4. Section 7.80(c)(1) is revised to read 

as follows: 

§ 7.80 Applicants. 

* * * * * 

(c) * * * 

(1) Notice of any lawsuit pending 

against the applicant alleging 

discrimination on the basis of race, 

color, sex, age, handicap, or national 

origin; 

* * * * * 

■ 5. Section 7.85 is amended by revising 

paragraph (a)(2), by redesignating the 

introductory text of paragraph (c) after 

the heading as paragraph (c)(1), and 

adding paragraph (c)(2) to read as 

follows: 

§ 7.85 Recipients. 

(a) * * * 

(2) Racial/ethnic, national origin, age, 

sex and handicap data, or EPA Form 

4700–4 information submitted with its 

application; 

* * * * * 

(c) Self-evaluation. (1) * * * 

(2) Each recipient employing the 

equivalent of 15 or more full time 

employees may be required to complete 

a written self-evaluation of its 

compliance under the Age 

Discrimination Act as part of a 

compliance review or complaint 

investigation. This self-evaluation will 

pertain to any age distinction imposed 

in its program or activity receiving 

Federal assistance from EPA. If 

required, each recipient’s selfevaluation shall identify and justify 

each age distinction imposed by the 

recipient and each recipient shall take 

corrective and remedial action 

whenever a self-evaluation indicates a 

violation of the Age Discrimination Act. 

* * * * * 

■ 6. The first sentence in § 7.95(a) is 

revised to read as follows: 

§ 7.95 Notice of nondiscrimination. 

* * * * * 

(a) Requirements. A recipient shall 

provide initial and continuing notice 

that it does not discriminate on the basis 

of race, color, national origin, age, or 

handicap in a program or activity 

receiving EPA assistance or, in programs 

or activities covered by section 13, on 

the basis of sex. * * * 

* * * * * 

■ 7. The third sentence in § 7.110(a) is 

revised to read as follows: 

§ 7.110 Preaward compliance. 

* * * * * 

(a) * * * When the OCR cannot make 

a determination on the basis of this 

information, additional information will 

be requested from the applicant, local 

government officials, or interested 

persons or organizations, including aged 

and handicapped persons or 

organizations representing such 

persons. * * * 

* * * * * 

■ 8. Section 7.120 is amended by adding 

a new fifth sentence to paragraph (a) 

and adding paragraph (d)(1)(iv) to read 

as follows: 

§ 7.120 Complaint investigations. 

* * * * * 

(a) Who may file a complaint. * * * 

Complaints of employment 

discrimination based on age against an 

individual by recipients of Federal 

financial assistance are subject to the 

Age Discrimination in Employment Act 

of 1967 and should be filed 

administratively with the Equal 

Employment Opportunity Commission 

(see 29 CFR part 1626). * * * 

* * * * * 

(d) * * * 

(1) * * * 

(iv) Complaints alleging age 

discrimination under the Age 

Discrimination Act of 1975 will be 

referred to a mediation agency in 

accordance with § 7.180. 

* * * * * 

■ 9. A new subpart F, consisting of 

§§ 7.140 through 7.180, is added to read 

as follows: 

Subpart F—Discrimination Prohibited on 

the Basis of Age 

Sec. 


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7.140 General prohibition. 

7.145 Specific prohibitions. 

7.150 Exceptions to the rules against age 

discrimination—normal operation or 

statutory objective of any program or 

activity. 

7.155 Exceptions to the rules against age 

discrimination—reasonable factors other 

than age. 

7.160 Burden of proof. 

7.165 Special benefits for children and the 

elderly. 

7.170 Alternative funds disbursal 

procedures. 

7.175 Exhaustion of administrative remedy. 

7.180 Mediation of age discrimination 

complaints. 

Subpart F—Discrimination Prohibited 

on the Basis of Age 

§ 7.140 General prohibition. 

No person in the United States may, 

on the basis of age, be excluded from 

participation in, be denied the benefits 

of, or be subjected to discrimination 

under any program or activity receiving 

EPA assistance. 

§ 7.145 Specific prohibitions. 

(a) As to any program or activity 

receiving EPA assistance, a recipient 

shall not directly or through contractual, 

licensing, or other arrangements on the 

basis of age: 

(1) Exclude any individuals from, 

deny them the service, aid or benefits of, 

or subject them to discrimination under, 

a program or activity; 

(2) Provide a person any service, aid 

or other benefit that is different, or is 

provided differently from that provided 

to others under the program or activity; 

(3) Restrict a person in any way in the 

enjoyment of any advantage or privilege 

enjoyed by others receiving any service, 

aid, or benefit provided by the program 

or activity; 

(4) Subject a person to segregation in 

any manner or separate treatment in any 

way related to receiving services or 

benefits under the program or activity; 

(5) Deny a person or any group of 

persons the opportunity to participate as 

members of any planning or advisory 

body which is an integral part of the 

program or activity, such as a local 

sanitation board or sewer authority; 

(6) In administering a program or 

activity receiving Federal financial 

assistance in which the recipient has 

previously discriminated on the basis of 

age, the recipient shall take affirmative 

action to provide remedies to those who 

have been injured by the discrimination. 

(b) A recipient shall not use criteria or 

methods of administering its program or 

activity which have the effect of 

subjecting individuals to discrimination 

because of their age, or have the effect 

of defeating or substantially impairing 

accomplishment of the objectives of the 

program or activity with respect to 

individuals of a particular age. 

(c) A recipient shall not choose a site 

or location of a facility that has the 

purpose or effect of excluding 

individuals from, denying them the 

benefits of, or subjecting them to 

discrimination under any program or 

activity to which this part applies on the 

ground of age; or with the purpose or 

effect of defeating or substantially 

impairing the accomplishment of the 

objectives of this subpart. 

(d) The specific prohibitions of 

discrimination enumerated above do not 

limit the general prohibition of § 7.140. 

§ 7.150 Exceptions to the rules against age 

discrimination—normal operation or 

statutory objective of any program or 

activity. 

A recipient is permitted to take an 

action, otherwise prohibited by §§ 7.140 

and 7.145, if the action reasonably takes 

into account age as a factor necessary to 

the normal operation or achievement of 

any statutory objective of a program or 

activity. An action reasonably takes into 

account age as a factor necessary to the 

normal operation or the achievement of 

any statutory objective of a program or 

activity if: 

(a) Age is used as a measure or 

approximation of one or more other 

characteristics; 

(b) The other characteristic(s) must be 

measured or approximated in order for 

the normal operation of the program or 

activity to continue, or to achieve any 

statutory objective of the program or 

activity; 

(c) The other characteristic(s) can be 

reasonably measured or approximated 

by the use of age; and 

(d) The other characteristic(s) are 

impractical to measure directly on an 

individual basis. 

§ 7.155 Exceptions to the rules against age 

discrimination—reasonable factors other 

than age. 

A recipient is permitted to take an 

action otherwise prohibited by §§ 7.140 

and 7.145 which is based on a factor 

other than age, even though that action 

may have a disproportionate effect on 

persons of different ages. An action may 

be based on a factor other than age only 

if the factor bears a direct and 

substantial relationship to the normal 

operation of the program or activity or 

to the achievement of a statutory 

objective. 

§ 7.160 Burden of proof. 

The burden of proving that an age 

distinction or other action falls within 

the exceptions outlined in §§ 7.150 and 

7.155 is on the recipient of EPA 

financial assistance. 

§ 7.165 Special benefits for children and 

the elderly. 

If a recipient operating a program 

which serves the elderly or children in 

addition to persons of other ages, 

provides special benefits to the elderly 

or to children the provision of those 

benefits shall be presumed to be 

voluntary affirmative action provided 

that it does not have the effect of 

excluding otherwise eligible persons 

from participation in the program. 

§ 7.170 Alternative funds disbursal 

procedures. 

(a) When EPA withholds funds from 

a recipient under Subpart F of these 

regulations, the Administrator may 

disburse the withheld funds directly to 

an alternate recipient: Any public or 

non-profit private organization or 

agency, or State or political subdivision 

of the State. 

(b) The Administrator will require any 

alternate recipient to demonstrate the 

ability to achieve the goals of the 

Federal statute authorizing the funds 

and these regulations (40 CFR Part 7). 

§ 7.175 Exhaustion of administrative 

remedy. 

(a) A complainant may file a civil 

action following the exhaustion of 

administrative remedies under the Age 

Discrimination Act. Administrative 

remedies are exhausted if: 

(1) 180 days have elapsed since the 

complainant filed the complaint and 

EPA has made no finding with regard to 

the complaint; or 

(2) EPA issues any finding in favor of 

the recipient. 

(b) If EPA fails to make a finding 

within 180 days or issues a finding in 

favor of the recipient, EPA shall: 

(1) Promptly advise the complainant 

of this fact; and 

(2) Advise the complainant of his or 

her right to bring a civil action for 

injunctive relief; and 

(3) Inform the complainant that: 

(i) The complainant may bring a civil 

action only in a United States district 

court for the district in which the 

recipient is found or transacts business; 

(ii) A complainant prevailing in a 

civil action has the right to be awarded 

the costs of the action, including 

reasonable attorney’s fees, but that the 

complainant must demand these costs 

in the complaint; 

(iii) Before commencing the action, 

the complainant shall give 30 days 

notice by registered mail to the 

Secretary of the Department of Health 

and Human Services, the Administrator, 


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the Attorney General of the United 

States, and the recipient; 

(iv) The notice must state: The alleged 

violation of the Age Discrimination Act; 

the relief requested; the court in which 

the complainant is bringing the action; 

and, whether or not attorney’s fees are 

demanded in the event the complainant 

prevails; and 

(v) The complainant may not bring an 

action if the same alleged violation of 

the Age Discrimination Act by the same 

recipient is the subject of a pending 

action in any court of the United States. 

§ 7.180 Mediation of age discrimination 

complaints. 

(a) The OCR will refer all accepted 

complaints alleging age discrimination 

to the Mediation Agency designated by 

the Secretary of the Department of 

Health and Human Services. 

(b) Both the complainant and the 

recipient must participate in the 

mediation process to the extent 

necessary to reach an agreement or 

make an informed judgment that an 

agreement is not possible. The recipient 

and the complainant must meet with the 

mediator at least once before the OCR 

will accept a judgment that an 

agreement is not possible. The recipient 

and the complainant, however, need not 

meet with the mediator at the same 

time. 

(c) If the complainant and the 

recipient reach an agreement, the 

mediator must prepare a written 

statement of the agreement and have the 

complainant and recipient sign it. The 

mediator will send a copy of the 

agreement to the OCR, which will take 

no further action on the complaint 

unless the complainant or the recipient 

fails to comply with the agreement. 

(d) The mediator must protect the 

confidentiality of all information 

obtained in the course of the mediation 

process. No mediator may testify in any 

adjudicative proceeding, produce any 

document, or otherwise disclose any 

information obtained in the course of 

the mediation process without prior 

approval of the head of the agency 

appointing the mediator. 

(e) Mediation ends after sixty (60) 

days from the time EPA received the 

complaint or if: 

(1) An agreement is reached; or 

(2) The Mediator determines that an 

agreement cannot be reached. 

(f) The mediator must return 

unresolved complaints to OCR to be 

processed in accordance with the 

procedure in § 7.120. 

[FR Doc. 2010–13470 Filed 6–3–10; 8:45 am] 

BILLING CODE 6650–50–P 

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. 

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. 


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