Vol. 79 Tuesday, 

No. 241 December 16, 2014 

Part VII 

Environmental Protection Agency 

40 CFR Parts 52 and 81 

Approval and Promulgation of Air Quality Implementation Plans; Final 

Rules 

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75032 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0387; FRL–9920–41– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Redesignation Request and 

Associated Maintenance Plan for the 

Baltimore, Maryland Nonattainment 

Area for the 1997 Annual Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

Maryland’s request to redesignate to 

attainment the Baltimore, Maryland 

Nonattainment Area (Baltimore Area or 

Area) for the 1997 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

EPA has determined that the Baltimore 

Area attained the standard and that it 

continues to attain the standard. In 

addition, EPA is approving, as a 

revision to the Maryland State 

Implementation Plan (SIP), the 

Baltimore Area maintenance plan to 

show maintenance of the 1997 annual 

PM2.5 NAAQS through 2025 for the 

Area. The maintenance plan includes 

the 2017 and 2025 PM2.5 and nitrogen 

oxides (NOX) mobile vehicle emissions 

budgets (MVEBs) for the Baltimore Area 

for the 1997 annual PM2.5 NAAQS, 

which EPA is approving for 

transportation conformity purposes. 

These actions are being taken under the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 16, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0387. 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, Air and Radiation 

Management Administration, 1800 

Washington Boulevard, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers at (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 12, 2013, the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

formally submitted a request to 

redesignate the Baltimore Area from 

nonattainment to attainment for the 

1997 annual PM2.5 NAAQS. 

Concurrently, MDE submitted a 

maintenance plan for the Baltimore 

Area as a SIP revision to ensure 

continued attainment throughout the 

Area over the next 10 years. In addition, 

the maintenance plan includes the 2017 

and 2025 PM2.5 and NOX MVEBs used 

for transportation conformity purposes 

for the Baltimore Area for the 1997 

annual PM2.5 NAAQS. 

On October 3, 2014 (79 FR 59703), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of Maryland’s redesignation 

request for the Baltimore Area for the 

1997 annual PM2.5 NAAQS. EPA also 

proposed approval of the associated 

maintenance plan as a SIP revision for 

the 1997 annual PM2.5 NAAQS, which 

includes the 2017 and 2025 for PM2.5

and NOX MVEBs for the 1997 annual 

PM2.5 NAAQS for purposes of 

transportation conformity. 

In the October 3, 2014 NPR, EPA 

explains that the redesignation of the 

Baltimore Area does not rely on either 

the Clean Air Interstate Rule (CAIR) or 

the Cross State Air Pollution Rule 

(CSAPR) for maintenance. However, 

EPA notes here the changed status of 

CSAPR since the publication of the NPR 

on October 3, 2014. As discussed in the 

NPR, on April 29, 2014, the Supreme 

Court vacated and reversed the D.C. 

Circuit Court’s decision regarding 

CSAPR and remanded that decision to 

the D.C. Circuit Court to resolve 

remaining issues in accordance with its 

ruling. EPA v. EME Homer City 

Generation, L.P., 134 S. Ct. 1584 (2014). 

In light of the April 29, 2014 Supreme 

Court decision, on June 26, 2014, EPA 

moved to have the D.C. Circuit Court’s 

December 30, 2011 stay of CSAPR lifted. 

EME Homer City Generation, L.P. v. 

EPA, Case No. 11–1302, Document No. 

1499505 (D.C. Cir. filed June 26, 2014). 

On October 23, 2014, the D.C. Circuit 

Court granted EPA’s motion and lifted 

the stay of CSAPR which was imposed 

on December 30, 2011. EME Homer City 

Generation, L.P. v. EPA, No. 11–1302 

(D.C. Cir. Oct. 23, 2014), Order at 3. 

The details of Maryland’s submittal 

and the rationale for EPA’s proposed 

actions are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

II. Final Action 

EPA is taking final actions on the 

redesignation request and SIP revision 

submitted by the State of Maryland on 

December 12, 2013, for the Baltimore 

Area for the 1997 annual PM2.5 NAAQS. 

First, EPA is approving Maryland’s 

redesignation request for the 1997 

annual PM2.5 NAAQS, because EPA has 

determined that the request meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA for this 

standard. Second, EPA is finding that 

the Baltimore Area is attaining and will 

continue to attain the 1997 annual PM2.5

NAAQS. Third, EPA is approving the 

associated maintenance plan for the 

Baltimore Area as a revision to the 

Maryland SIP for the 1997 annual PM2.5

NAAQS because it meets the 

requirements of section 175A of the 

CAA. EPA is also approving the 2017 

and 2025 PM2.5 and NOX MVEBs 

submitted by Maryland for Baltimore 

Area for transportation conformity 

purposes. Approval of this 

redesignation request will change the 

official designation of the Baltimore 

Area from nonattainment to attainment 

for the 1997 annual PM2.5 NAAQS. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. A delayed effective 

date is unnecessary due to the nature of 

a redesignation to attainment, which 

eliminates CAA obligations that would 

otherwise apply. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 75033 

prepare before the rule takes effect. 

Rather, today’s rule relieves the State of 

Maryland of the obligation to comply 

with nonattainment-related planning 

requirements for the Area pursuant to 

Part D of the CAA and approves certain 

emissions inventories and MVEBs for 

the Area. For these reasons, EPA finds 

good cause under 5 U.S.C. 553(d) for 

this action to become effective on the 

date of publication of this notice. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 CAA. 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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 17, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action, approving the 

redesignation request and maintenance 

plan for the Baltimore Area for the 1997 

annual PM2.5 NAAQS may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: December 3, 2014. 

William C. Early, 

Acting, Regional Administrator, Region III. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V– Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding an entry for 

the 1997 Annual PM2.5 Maintenance 

Plan for the Baltimore Area at the end 

of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

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75034 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

1997 Annual fine particulate 

(PM2.5) Maintenance Plan for 

the Baltimore, MD Area.

Baltimore, MD 1997 annual 

PM2.5 nonattainment area.

12/12/13 12/16/14 [Insert Federal Register Citation].See § 52.2526(k) and 

§ 52.2531(h). 

■ 3. Section 52.1081 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1081 Control strategy: Particulate 

matter. 

* * * * * 

(e) Maintenance Plan and 

Transportation Conformity Budgets. 

EPA approves the maintenance plan for 

the Baltimore, MD nonattainment area 

for the 1997 annual PM2.5 NAAQS 

submitted by the State of Maryland on 

December 12, 2013. The maintenance 

plan includes motor vehicle emission 

budgets (MVEBs) to be applied to all 

future transportation conformity 

determinations and analyses for the 

Baltimore, MD Area for the 1997 PM2.5

NAAQS. 

BALTIMORE, MD AREA’S MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS, (TPY) 

Type of control strategy SIP Year NOX PM2.5

Effective date 

of SIP 

approval 

Maintenance Plan .............................................................................................................. 2017 29,892.01 1,218.60 12/16/14 

2025 21,594.96 1,051.39 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. Section 81.321 the table entitled 

‘‘Maryland–1997 Annual PM2.5 NAAQS, 

[Primary and secondary]’’ is amended 

by revising the entry for the Baltimore, 

MD Area to read as follows: 

§ 81.321 Maryland. 

* * * * * 

MARYLAND–1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Baltimore, MD: 

Anne Arundel County ................................................................................................ 12/16/14 Attainment .................... ....................

Baltimore County ....................................................................................................... 12/16/14 Attainment .................... ....................

Carroll County ........................................................................................................... 12/16/14 Attainment .................... ....................

Harford County .......................................................................................................... 12/16/14 Attainment .................... ....................

Howard County ......................................................................................................... 12/16/14 Attainment .................... ....................

City of Baltimore ........................................................................................................ 12/16/14 Attainment .................... ....................

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2014–29324 Filed 12–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

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