[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14041-14044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0884; FRL-9924-55-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Determination of Attainment of the 2008 8-Hour Ozone National 
Ambient Air Quality Standard for the Baltimore, Maryland Moderate 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
a determination that the Baltimore, Maryland Moderate Nonattainment 
Area (Baltimore Area) has attained the 2008 8-hour ozone National 
Ambient Air Quality Standard (NAAQS). This

[[Page 14042]]

proposed determination is based upon complete, quality-assured, and 
certified ambient air monitoring data that shows the Area has monitored 
attainment of the 2008 8-hour ozone NAAQS for the 2012-2014 monitoring 
period. If this proposal becomes final, the requirement for this Area 
to submit an attainment demonstration, reasonably available control 
measures (RACM), a reasonable further progress (RFP) plan, and 
contingency measures related to attainment of the 2008 8-hour ozone 
NAAQS shall be suspended for so long as the Area continues to attain 
the 2008 8-hour ozone NAAQS. This action does not constitute a 
redesignation to attainment. The Baltimore Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA 
determines that the Baltimore Area meets the Clean Air Act (CAA) 
requirements for redesignation to attainment, including an approved 
maintenance plan. This action is being taken under the CAA.

DATES: Written comments must be received on or before April 17, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0884 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: <a href="/cdn-cgi/l/email-protection#6e080b1c000f000a0b14400d1c071d1a07000f2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="cea8abbca0afa0aaabb4e0adbca7bdbaa7a0af8eabbeafe0a9a1b8">[email protected]</span></a>.
    C. Mail: EPA-R03-OAR-2014-0884, Cristina Fernandez, 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 special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0884. 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.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at <a href="/cdn-cgi/l/email-protection#0a79626b646e787f612463786f646f4a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="d5a6bdb4bbb1a7a0befbbca7b0bbb095b0a5b4fbb2baa3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 parts per million (ppm) (annual fourth-
highest daily maximum 8-hour average concentration, averaged over three 
years) to provide increased protection of public health and the 
environment. 73 FR 16436 (March 27, 2008).\1\ The 2008 ozone NAAQS 
retains the same general form and averaging time as the 0.08 ppm NAAQS 
set in 1997, but is set at a more protective level. On May 21, 2012 (77 
FR 30088), effective July 20, 2012, EPA designated as nonattainment any 
area that was violating the 2008 8-hour ozone NAAQS based on the three 
most recent years (2008-2010) of air monitoring data. The Baltimore 
Area (specifically, Anne Arundel County, Baltimore City, Baltimore 
County, Carroll County, Harford County, and Howard County) was 
designated as a moderate ozone nonattainment area. See 40 CFR 81.321. 
Moderate areas are required to attain the 2008 8-hour ozone NAAQS by no 
later than six years after the effective date of designations, or July 
20, 2018. See 40 CFR 51.903. Air quality monitoring data from the 2012-
2014 monitoring period indicate that the Baltimore Area is now 
attaining the 2008 8-hour ozone NAAQS.
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    \1\ For a detailed explanation of the calculation of the 3-year 
8-hour average, see 40 CFR part 50, appendix I.
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    Under the provisions of EPA's ozone implementation rule (40 CFR 
51.918), if EPA issues a determination that an area is attaining the 
relevant standard (through a rulemaking that includes public notice and 
comment), it will suspend the area's obligations to submit an 
attainment demonstration, RACM, RFP, contingency measures and other 
planning requirements related to attainment of the 2008 8-hour ozone 
NAAQS for as long as the area continues to attain the standard. This 
suspension remains in effect until such time, if ever, that EPA (i) 
redesignates the area to attainment at which time those requirements no 
longer apply, or (ii) subsequently determines that the area has 
violated the 2008 8-hour ozone NAAQS. Although these requirements are 
suspended, EPA is not precluded from acting upon these elements at any 
time if submitted to EPA for review and approval. The determination of 
attainment is not equivalent to a redesignation under section 107(d)(3) 
of the CAA. The designation status of the Baltimore Area will remain 
nonattainment for the 2008 8-hour ozone NAAQS until such time as EPA 
determines that the Area meets the CAA requirements for redesignation 
to attainment, including an approved maintenance plan. Additionally, 
the determination of attainment is separate from, and does not 
influence or otherwise affect, any future designation determination or 
requirements for the Baltimore Area based on any new or revised ozone 
NAAQS, and it remains in effect regardless of whether EPA designates 
this Area as a nonattainment area for purposes of any new or revised 
ozone NAAQS.

II. EPA's Evaluation

    For ozone, an area may be considered to be attaining the 2008 8-
hour ozone NAAQS if there are no violations, as determined in 
accordance with 40 CFR part 50, based on three complete, consecutive 
calendar years of quality-assured ambient air monitoring data. Under 
EPA regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the

[[Page 14043]]

annual fourth-highest daily maximum 8-hour average ozone concentrations 
at an ozone monitor is less than or equal to 0.075 ppm. See 40 CFR part 
50, appendix P. This 3-year average is referred to as the design value. 
When the design value is less than or equal to 0.075 ppm at each 
monitor within the area, then the area is attaining the NAAQS. Also, 
the data completeness requirement is met when the average percent of 
days with valid ambient monitoring data is greater than or equal to 90 
percent (%), and no single year has less than 75% data completeness as 
determined in appendix P of 40 CFR part 50. The data must be collected 
and quality-assured in accordance with 40 CFR part 58, and recorded in 
the EPA Air Quality System (AQS).
    EPA has reviewed the complete, quality-assured and certified ozone 
ambient air monitoring data for the monitoring period for 2012-2014 for 
the Baltimore Area. The design values for each monitor for the years 
2012-2014 are less than or equal to 0.075 ppm, and all monitors meet 
the data completeness requirements (see Table 1). Based on this 2012-
2014 data from the AQS database and consistent with the requirements 
contained in 40 CFR part 50, EPA has concluded that this Area attained 
the 2008 8-hour ozone NAAQS.

    Table 1--2012-2014 Baltimore Area 2008 8-Hour Ozone Design Values
------------------------------------------------------------------------
                                              Average        2012-2014
               Monitor ID                  percent data    Design value
                                           completeness        (ppm)
------------------------------------------------------------------------
24-003-0014.............................              97           0.074
24-005-1007.............................              95           0.072
24-005-3001.............................              99           0.072
24-013-0001.............................              99           0.069
24-025-1001.............................              98           0.075
24-025-9001.............................              96           0.073
24-510-0054.............................              90           0.064
------------------------------------------------------------------------

    The data in Table 1 are available in EPA's AQS database. The AQS 
report with this data is available in the docket for this rulemaking 
under docket number EPA-R03-OAR-2014-0884 and available online at 
www.regulations.gov, docket number EPA-R03-OAR-2014-0884.

III. Proposed Action

    EPA is proposing to make a determination that the Baltimore Area 
has attained the 2008 8-hour ozone NAAQS. This proposed determination 
is based upon complete, quality-assured, and certified ambient air 
monitoring data that show the Baltimore Area has monitored attainment 
of the 2008 8-hour ozone NAAQS for the 2012-2014 monitoring period. 
Once this proposal is final, the requirement for this Area to submit an 
attainment demonstration, RACM, a RFP plan, contingency measures, and 
other planning requirements related to attainment of the 2008 8-hour 
ozone NAAQS shall be suspended for so long as the Baltimore Area 
continues to attain the 2008 8-hour ozone NAAQS. Although these 
requirements are suspended, EPA is not precluded from acting upon these 
elements at any time if submitted to EPA for review and approval. 
Finalizing this determination does not constitute a redesignation of 
the Baltimore Area to attainment for the 2008 8-hour ozone NAAQS under 
CAA section 107(d)(3). This determination of attainment also does not 
involve approving any maintenance plan for the Baltimore Area and does 
not determine that the Baltimore Area has met all the requirements for 
redesignation under the CAA, including that the attainment be due to 
permanent and enforceable measures. Therefore, the designation status 
of the Baltimore Area will remain nonattainment for the 2008 8-hour 
ozone NAAQS until such time as EPA takes final rulemaking action to 
determine that such Area meets the CAA requirements for redesignation 
to attainment. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Statutory and Executive Order Reviews

    This action proposes to make an attainment determination based on 
air quality data and would, if finalized, result in the suspension of 
certain Federal requirements and would not impose any additional 
requirements. For that reason, this proposed action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 proposed rule, concerning a determination of 
attainment for the 2008 ozone NAAQS for the Baltimore Area, does not 
have tribal implications as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000), because the State Implementation Plan (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.

[[Page 14044]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Ozone, Reporting and 
recordkeeping requirements.

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

    Dated: March 6, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-06220 Filed 3-17-15; 8:45 am]
 BILLING CODE 6560-50-P


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