Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4901 

the Coast Guard when it is received at 

the Docket Management Facility. 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact LCDR Derek 

Schade, Sector Ohio Valley Response 

Department, Coast Guard at the 

telephone number or email address 

indicated under the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

Public Meeting 

The Coast Guard will hold a public 

meeting regarding its Security Zone; 

Escorted Vessels in Captain of the Port 

Ohio Valley Zone proposed rule on 

Wednesday, February 29, 2012 from 

1 p.m. to 4 p.m., at The Brown Hotel, 

335 West Broadway, Louisville, KY 

40202, telephone (502) 583–1234. 

Government-issued, photo ID or other 

item will not be required to attend the 

meeting. Street parking is limited during 

business hours. Parking garages and 

surface lots are available near the 

meeting location but charge hourly 

rates. Public transportation to the 

building is available. For additional 

information regarding public 

transportation, contact the Transit 

Authority of River City at http:// 

www.ridetarc.org/. 

We plan to record this meeting using 

an audio-digital recorder and then make 

that audio recording available through a 

link in our online docket. We will also 

provide a written summary of the 

meeting and comments and will place 

that summary in the docket. 

Dated: January 9, 2012. 

L.W. Hewett, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2012–2122 Filed 1–31–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2011–0681; FRL–9625–3] 

Designation of Areas for Air Quality 

Planning Purposes; Maryland; 

Determination of Nonattainment and 

Reclassification of the Baltimore 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a 

determination that the Baltimore 

moderate 8-hour ozone nonattainment 

area (the Baltimore Area) did not attain 

the 1997 8-hour ozone national ambient 

air quality standard (NAAQS) by its 

June 15, 2011 attainment date. The 

attainment date for moderate ozone 

nonattainment areas was June 15, 2010. 

However, the Baltimore Area qualified 

for a 1-year extension of its attainment 

date and EPA extended the area’s 

attainment date to June 15, 2011. This 

determination is based on EPA’s review 

of complete, quality assured, and 

certified ambient air quality monitoring 

data for the 2008–2010 monitoring 

period that are available in the EPA Air 

Quality System (AQS) database. As a 

result of this determination, the 

Baltimore Area is reclassified by 

operation of law as a serious 8-hour 

ozone nonattainment area for the 1997 

8-hour ozone standard. Consequently, 

the State of Maryland must submit State 

Implementation Plan (SIP) revisions for 

the Baltimore Area to meet the Clean 

Air Act (CAA) requirements for serious 

ozone nonattainment areas. In this 

action, EPA is setting the due date for 

the State of Maryland to submit the 

necessary SIP revisions to EPA as no 

later than September 30, 2012. The 

serious area attainment date for the 

Baltimore Area is as expeditiously as 

practicable, but not later than June 15, 

2013. This action is being taken under 

the CAA. 

DATES: Effective Date: This final rule is 

effective on March 2, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0681. All 

documents in the docket are listed in 

the http://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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 1, 2011 (76 FR 54412), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed to 

determine that the Baltimore Area did 

not attain the 1997 8-hour ozone 

NAAQS by its June 15, 2011 attainment 

date. The Baltimore Area encompasses 

Baltimore City and Anne Arundel, 

Baltimore, Carroll, Harford, and Howard 

Counties, all in Maryland. The 

attainment date for moderate ozone 

nonattainment areas was June 15, 2010. 

However, the Baltimore Area qualified 

for a 1-year extension of its attainment 

date. Therefore, EPA extended the area’s 

attainment date to June 15, 2011. This 

proposal was based on EPA’s review of 

complete, quality assured, and certified 

ambient air quality monitoring data for 

the 2008–2010 monitoring period that 

are available in the EPA AQS database. 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame. EPA set the 8- 

hour ozone standard based on scientific 

evidence demonstrating that ozone 

causes adverse health effects at lower 

ozone concentrations and over longer 

periods of time, than was understood 

when the pre-existing 1-hour ozone 

standard was set. At that time, EPA 

determined that the 8-hour standard 

would be more protective of human 

health, especially children and adults 

who are active outdoors, and 

individuals with a pre-existing 

respiratory disease, such as asthma. On 

March 27, 2008 (73 FR 16436), EPA 

promulgated a revised 8-hour ozone 

standard of 0.075 ppm. This rulemaking 

relates only to the 1997 8-hour ozone 

NAAQS, and does not address the 2008 

NAAQS. 

II. Summary of Action 

EPA is determining that the Baltimore 

Area did not attain the 1997 8-hour 

ozone NAAQS by its June 15, 2011 

attainment date. As a result of this 


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4902 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 

determination, the Baltimore Area is 

reclassified by operation of law as a 

serious 8-hour ozone nonattainment 

area for the 1997 8-hour ozone standard. 

Consequently, the State of Maryland 

must submit SIP revisions for the 

Baltimore Area to meet the CAA 

requirements for serious ozone 

nonattainment areas. The State of 

Maryland must submit the necessary 

SIP revisions to EPA by no later than 

September 30, 2012. The serious area 

attainment date for the Baltimore Area 

is as expeditiously as practicable, but 

not later than June 15, 2013. 

Other specific information regarding 

this determination and reclassification 

and the rationale for EPA’s proposed 

action are explained in the NPR and 

will not be restated here. 

III. Summary of Public Comment and 

EPA Response 

On October 3, 2011, EPA received 

comments on the NPR from Emery 

Hines, Empowered Representative Chair 

of the Baltimore Regional 

Transportation Board (BRTB). A 

summary of the comments submitted 

and EPA’s response is provided below. 

Comment: The commenter wrote in 

support of the Maryland Department of 

the Environment (MDE) being allowed 

the option to use a ‘‘hybrid’’ modeling 

approach to complete the SIPs required 

once the Baltimore Area is reclassified 

to serious. The approach would use 

EPA’s Motor Vehicle Emission 

Simulator (MOVES) model to establish 

attainment year mobile source 

emissions budgets, but would use 

existing air quality modeling that used 

MOBILE6.2-based mobile emissions for 

the serious area attainment 

demonstration modeling. 

Response: Starting March 2, 2010, 

EPA’s MOVES model must be used to 

establish motor vehicle emissions 

budgets in all new SIPs. (See 75 FR 

9411.) Therefore, MOVES must be used 

to develop the emission inventories for 

the serious area reasonable further 

progress (RFP) requirements resulting 

from this reclassification. Furthermore, 

MOVES must be used to establish motor 

vehicle emissions budgets associated 

with RFP and the attainment year. 

Comment: The commenter stated that 

given the short timeframe to submit the 

revised SIP and resource limitations in 

providing a new air quality modeling 

demonstration using MOVES, the BRTB 

supports the option of a hybrid 

approach that provides for the best use 

of available resource while protecting 

air quality. 

Responses: EPA will work closely 

with MDE to develop its serious area 

attainment demonstration for the 

Baltimore Area, while being mindful of 

time and resource constraints. 

Therefore, EPA intends to allow MDE to 

use its existing attainment 

demonstration modeling, which used 

MOBILE6.2, for the serious area SIP. 

However, the attainment demonstration 

modeling should be supplemented with 

more recently available modeling from 

EPA and/or the Ozone Transport 

Commission, which uses MOVES, as 

part of a weight of evidence analysis. 

IV. Final Action 

EPA is making a determination that 

the Baltimore Area did not attain the 

1997 8-hour ozone NAAQS by its June 

15, 2011 attainment date. The Baltimore 

Area is reclassified by operation of law 

as a serious 8-hour ozone nonattainment 

area for the 1997 8-hour ozone standard. 

Consequently, the State of Maryland 

must submit SIP revisions for the 

Baltimore Area to meet the CAA 

requirements for serious ozone 

nonattainment areas by no later than 

September 30, 2012. The serious area 

attainment date for the Baltimore Area 

is as expeditiously as practicable, but 

not later than June 15, 2013. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, within six months 

following the applicable attainment date 

(including any extension thereof) for an 

ozone nonattainment area, the 

Administrator is required to determine 

whether the area attained the standard 

by that date, and if attainment has not 

been achieved, the area ‘‘shall be 

reclassified by operation of law.’’ 42 

U.S.C. 7511(b)(2). Thus, in actions 

addressing failure to attain a NAAQS by 

an applicable attainment date, EPA’s 

role is to simply review the relevant air 

quality information provided by the 

state, and if the area did not meet the 

NAAQS by the applicable attainment 

date, EPA must reclassify the area as 

required under the Act. Accordingly, 

this action does not impose additional 

requirements beyond those mandated by 

the CAA itself. 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 specific 

nonattainment finding and 

reclassification do not trigger Clean Air 

Act requirements for tribal governments 

pursuant to the Tribal Authority Rule 

(40 CFR 49.1 et seq), and thus will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. section 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). 

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 April 2, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 


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Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Rules and Regulations 4903 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action, 

determining that the Baltimore Area did 

not attain the 1997 8-hour ozone 

NAAQS by its June 15, 2011 attainment 

date and reclassifying the Baltimore 

Area by operation of law to be a serious 

8-hour ozone nonattainment area for the 

1997 8-hour ozone standard, may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 

Dated: January 24, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 81 is amended as follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.321 the table entitled 

‘‘Maryland—Ozone (8-Hour Standard)’’ 

is amended by revising the entries for 

Baltimore, MD, revising footnote 4, and 

adding a new footnote 5 at the end of 

the table to read as follows: 

§ 81.321 Maryland. 

* * * * * 

MARYLAND—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date1 Type Date1 Type 

Baltimore, MD: 

Anne Arundel County ................................................ ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

City of Baltimore ....................................................... ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

Baltimore County ...................................................... ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

Carroll County ........................................................... ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

Harford County .......................................................... ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

Howard County ......................................................... ................ Nonattainment ........................................ (5) Subpart 2/Serious.4

* * * * * * * 

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

1This date is June 15, 2004, unless otherwise noted. 

* * * * * * * 

4Attainment date is June 15, 2013. 

5Effective March 2, 2012. 

* * * * * 

[FR Doc. 2012–2218 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0053; FRL–9333–5] 

Trichoderma virens strain G–41; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Trichoderma 

virens strain G–41 in or on all food 

commodities when applied as a 

fungicide and used in accordance with 

good agricultural practices. BioWorks, 

Inc., submitted a petition to EPA under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), requesting an exemption 

from the requirement of a tolerance. 

This regulation eliminates the need to 

establish a maximum permissible level 

for residues of Trichoderma virens 

strain G–41 under the FFDCA. 

DATES: This regulation is effective 

February 1, 2012. Objections and 

requests for hearings must be received 

on or before April 2, 2012, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0053. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8920; email address: 

kausch.jeannine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 


tkelley on DSK3SPTVN1PROD with RULES