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[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73313-73316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29610]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0143; FRL-9759-6]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; The 2002 Base Year Inventory for the Baltimore, MD 
Nonattainment Area for the 1997 Fine Particulate Matter National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the fine 
particulate matter (PM2.5) 2002 base year emissions 
inventory portion of the State of Maryland State Implementation Plan 
(SIP) revision submitted by the State of Maryland, through the Maryland 
Department of the Environment (MDE), on June 6, 2008 for Baltimore, 
Maryland. The emissions inventory is part of Maryland's June 6, 2008 
SIP revision that was submitted to meet nonattainment requirements 
related to the Baltimore, Maryland nonattainment area (hereafter 
referred to as Baltimore Area or Area) for Maryland's 1997 
PM2.5 National Ambient Air Quality Standard (NAAQS) SIP. EPA 
is approving the 2002 base year PM2.5 emissions inventory 
for Baltimore, Maryland submitted by MDE in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on February 8, 2013 without further 
notice, unless EPA receives adverse written comment by January 9, 2013. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0143 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: mastro.donna@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0143, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and

[[Page 73314]]

special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0143. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at khadr.asrah@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 16, 1997, EPA promulgated the 1997 PM2.5 NAAQS, 
including an annual standard of 15.0 micrograms per cubic meter 
([micro]g/m\3\) based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour (or daily) standard of 
65 [micro]g/m\3\ based on a 3-year average of the 98th percentile of 
24-hour concentrations. 62 FR 38652 (July 18, 1997). EPA established 
the standards based on significant evidence and numerous health studies 
demonstrating that serious health effects are associated with exposures 
to PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and, by January 2001, established a complete set of air-quality 
data. On January 5, 2005, EPA published initial air-quality 
designations for the 1997 PM2.5 NAAQS (70 FR 944), which 
became effective on April 5, 2005, based on air-quality monitoring data 
for calendar years 2001-03.
    On April 14, 2005, EPA promulgated a supplemental rule amending the 
agency's initial designations (70 FR 19844), with the same effective 
date (April 5, 2005) as that which was promulgated at 70 FR 944. As a 
result of this supplemental rule, PM2.5 nonattainment 
designations are in effect for 39 areas, comprising 208 counties within 
20 states (and the District of Columbia) nationwide, with a combined 
population of approximately 88 million. The Baltimore Area which is the 
subject of this rulemaking was included in the list of areas not 
attaining the 1997 PM2.5 NAAQS.
    On June 6, 2008, the State of Maryland submitted a revision to the 
Maryland SIP (08-04) to meet nonattainment requirements for 
the Baltimore Area. On May 22, 2012 (77 FR 30208), EPA determined that 
Maryland had attained the 1997 PM2.5 NAAQS in the Baltimore 
Area. That determination was based upon quality assured, quality 
controlled and certified ambient air monitoring data that showed the 
Area had monitored attainment of the 1997 PM2.5 NAAQS for 
the 2007-2009 monitoring period and that continued to show attainment 
of the 1997 PM2.5 NAAQS based on the 2008-2010 data. The May 
22, 2012 determination suspended the requirements for Maryland to 
submit an attainment demonstration, associated reasonably available 
control measures, a reasonable further progress plan, contingency 
measures, and other planning SIP revisions related to attainment of the 
standard for so long as the nonattainment area continues to meet the 
1997 PM2.5 NAAQS. On June 21, 2012, MDE withdrew portions of 
the June 6, 2008 Baltimore, Maryland 1997 PM2.5 SIP revision 
including the attainment plan, analysis of reasonably available control 
measures, attainment demonstration, contingency plans and mobile source 
budgets. To meet the requirements of CAA section 172(c)(3), MDE did not 
request the withdrawal of the 2002 base year emission inventory portion 
of the June 6, 2008 1997 PM2.5 SIP revision. Section 
172(c)(3) of the CAA requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions.

II. Summary of SIP Revision

    The 2002 base year emission inventory submitted by MDE on June 6, 
2008 for Baltimore, Maryland includes emissions estimates that cover 
the general source categories of stationary point sources, stationary 
nonpoint sources, nonroad mobile sources and onroad mobile sources. The 
pollutants that comprise the inventory are nitrogen oxides 
(NOX), volatile organic compounds (VOCs), PM2.5, 
coarse particles (PM10), ammonia (NH3), and 
sulfur dioxide (SO2). EPA has reviewed the results, 
procedures and methodologies for the 2002 base year emissions inventory 
submitted by MDE for Baltimore, Maryland. The year 2002 was selected by 
MDE as the base year for the emissions inventory per 40 CFR 51.1008(b). 
A discussion of the emissions inventory development as well as the 
emissions inventory can be found in the June 6, 2008 SIP submittal.
    The CAA section 172(c)(3) emissions inventory is developed by the 
incorporation of data from multiple sources. States were required to 
develop and submit to EPA a triennial emissions inventory according to 
the Consolidated Emissions Reporting Rule (CERR) for all source 
categories (i.e., point, area, nonroad mobile and on-road mobile). The 
2002 emissions inventory was based on data developed by MDE. The data 
were developed according to current EPA emissions inventory guidance, 
``Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter NAAQS and Regional Haze Regulations,'' August

[[Page 73315]]

2005. EPA agrees that the process used to develop this emissions 
inventory is adequate to meet the requirements of CAA section 
172(c)(3), the implementing regulations, and EPA guidance for emission 
inventories. More information regarding the review of the base year 
inventory can be found in the technical support document (TSD) that is 
located in this docket.

III. Final Action

    EPA is approving the 2002 base year emissions inventory portion of 
the SIP revision submitted by Maryland through MDE on June 6, 2008 for 
Baltimore, Maryland. EPA is publishing this rule without prior proposal 
because EPA views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the SIP revision if adverse 
comments are filed. This rule will be effective on February 8, 2013 
without further notice unless EPA receives adverse comment by January 
9, 2013. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 8, 2013. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking.
    This action pertaining to the PM2.5 2002 base year 
emissions inventory portion of the Maryland SIP may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding at 
the end of the table an entry for 2002 Base Year Emissions Inventory 
for the 1997 fine particulate matter (PM2.5) standard to 
read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 73316]]

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                                                                State
Name of non-regulatory SIP revision   Applicable geographic   submittal      EPA approval date      Additional
                                              area               date                               explanation
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                                                  * * * * * * *
2002 Base Year Emissions Inventory   Baltimore, Maryland          6/8/08  12/10/12 [Insert page             Sec.
 for the 1997 fine particulate        1997 PM2.5                           number where the           52.1075(n)
 matter (PM2.5) standard.             nonattainment area.                  document begins].
 
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3. In Sec.  52.1075, paragraph (n) is added to read as follows:

Sec.  52.1075  Base year emissions inventory.

* * * * *
    (n) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventory for the Baltimore, Maryland 
1997 fine particulate matter (PM2.5) nonattainment area 
submitted by the Maryland Department of Environment on June 6, 2008. 
The 2002 base year emissions inventory includes emissions estimates 
that cover the general source categories of point sources, non-road 
mobile sources, area sources, on-road mobile sources, and biogenic 
sources. The pollutants that comprise the inventory are nitrogen oxides 
(NOX), volatile organic compounds (VOCs), PM2.5, 
coarse particles (PM10), ammonia (NH3), and 
sulfur dioxide (SO2).

[FR Doc. 2012-29610 Filed 12-7-12; 8:45 am]
BILLING CODE 6560-50-P
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