80_FR_14093 80 FR 14041 - 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

80 FR 14041 - 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

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14041-14044
FR Document2015-06220

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 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.

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Proposed Rules]
[Pages 14041-14044]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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: [email protected].
    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 [email protected].

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.
---------------------------------------------------------------------------

    \1\ For a detailed explanation of the calculation of the 3-year 
8-hour average, see 40 CFR part 50, appendix I.
---------------------------------------------------------------------------

    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:
     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 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



                                                                            Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules                                                 14041

                                                      paragraph (h)(5). This paragraph defines                C of title I of the CAA. We note that this               • is not a significant regulatory action
                                                      ‘‘regulated NSR pollutant’’ for new                     action does not address the submitted                 subject to Executive Order 13211 (66 FR
                                                      sources seeking minor permits under 18                  revisions related to Alaska’s                         28355, May 22, 2001);
                                                      AAC 50.502 by adopting by reference                     nonattainment NSR permitting program                     • is not subject to requirements of
                                                      the Federal definition of ‘‘regulated NSR               because we approved those changes on                  Section 12(d) of the National
                                                      pollutant’’ at 40 CFR 52.21(b)(50). This                January 7, 2015 (80 FR 832).                          Technology Transfer and Advancement
                                                      is not a substantive change to Alaska’s                                                                       Act of 1995 (15 U.S.C. 272 note) because
                                                                                                              IV. Incorporation by Reference
                                                      minor NSR program because this                                                                                it does not involve technical standards;
                                                      definition was previously included in                     In this rule, the EPA is proposing to               and
                                                      18 AAC 50.900.                                          include in a final rule regulatory text                  • does not provide the EPA with the
                                                                                                              that includes incorporation by                        discretionary authority to address, as
                                                      F. 18 AAC 50.990—Definitions                            reference. In accordance with                         appropriate, disproportionate human
                                                         The July 1, 2014, submittal revised                  requirements of 1 CFR 51.5, the EPA is                health or environmental effects, using
                                                      the definition of ‘‘fugitive emissions’’ at             proposing to incorporate by reference                 practicable and legally permissible
                                                      18 AAC 50.990(40) to have the meaning                   the provisions described above in                     methods, under Executive Order 12898
                                                      given in 40 CFR 51.166(b)(20), as                       Section III. Proposed Action. The EPA                 (59 FR 7629, February 16, 1994).
                                                      revised as of July 1, 2012. The October                 has made, and will continue to make,                     In addition, the SIP is not approved
                                                      24, 2014, submittal repealed the                        these documents generally available                   to apply on any Indian reservation land
                                                      definition of ‘‘regulated NSR pollutant’’               electronically through                                or in any other area where the EPA or
                                                      at 18 AAC 50.990(92). This action does                  www.regulations.gov and/or in hard                    an Indian tribe has demonstrated that a
                                                      not address these changes because we                    copy at the appropriate EPA office (see               tribe has jurisdiction. In those areas of
                                                      previously approved them on January 7,                  the ADDRESSES section of this preamble                Indian country, the rule does not have
                                                      2015 (80 FR 832).                                       for more information).                                tribal implications as specified by
                                                         The July 1, 2014, submittal also                                                                           Executive Order 13175 (65 FR 67249,
                                                      updated the citation date for the                       V. Statutory and Executive Order
                                                                                                                                                                    November 9, 2000), nor will it impose
                                                      incorporation by reference of the                       Reviews
                                                                                                                                                                    substantial direct costs on tribal
                                                      Federal definition of ‘‘volatile organic                   Under the CAA, the Administrator is                governments or preempt tribal law.
                                                      compound’’ (VOC). The submittal                         required to approve a SIP submission
                                                      revised 18 AAC 50.990(121) to define                    that complies with the provisions of the              List of Subjects in 40 CFR Part 52
                                                      ‘‘VOC’’ as the meaning given in 40 CFR                  CAA and applicable Federal regulations.                 Environmental protection, Air
                                                      51,100(s) as of April 18, 2013. We note                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   pollution control, Incorporation by
                                                      that the Federal definition has been                    Thus, in reviewing SIP submissions, the               reference, Intergovernmental relations,
                                                      revised since April 18, 2013.                           EPA’s role is to approve state choices,               Particulate matter, Reporting and
                                                      Specifically, on October 22, 2013, the                  provided that they meet the criteria of               recordkeeping requirements.
                                                      EPA removed constituents from the                       the CAA. Accordingly, this proposed                     Authority: 42 U.S.C. 7401 et seq.
                                                      definition of VOC (78 FR 62451). While                  action merely approves state law as
                                                      the definition in Alaska’s rule is not                  meeting Federal requirements and does                   Dated: March 6, 2015.
                                                      identical to the Federal definition, the                not impose additional requirements                    Dennis J. McLerran,
                                                      Alaska definition is more stringent and                 beyond those imposed by state law. For                Regional Administrator, Region 10.
                                                      therefore approvable.                                   that reason, this proposed action:                    [FR Doc. 2015–06216 Filed 3–17–15; 8:45 am]

                                                      III. Proposed Action                                       • Is not a ‘‘significant regulatory                BILLING CODE 6560–50–P
                                                                                                              action’’ subject to review by the Office
                                                         The EPA is proposing to approve and                  of Management and Budget under
                                                      incorporate by reference into the Alaska                Executive Orders 12866 (58 FR 51735,                  ENVIRONMENTAL PROTECTION
                                                      SIP changes to the following provisions                 October 4, 1993) and 13563 (76 FR 3821,               AGENCY
                                                      submitted on July 1, 2014 and October                   January 21, 2011);
                                                      24, 2014:                                                                                                     40 CFR Part 52
                                                                                                                 • does not impose an information
                                                         • 18 AAC 50.015 ‘‘Air Quality                        collection burden under the provisions                [EPA–R03–OAR–2014–0884; FRL–9924–55–
                                                      Designations, Classifications, and                      of the Paperwork Reduction Act (44                    Region 3]
                                                      Control Regions’’ (State effective 10/6/                U.S.C. 3501 et seq.);
                                                      2013);                                                                                                        Approval and Promulgation of Air
                                                         • 18 AAC 50.040 ‘‘Federal Standards                     • is certified as not having a
                                                                                                              significant economic impact on a                      Quality Implementation Plans;
                                                      Adopted by Reference’’ (State effective                                                                       Maryland; Determination of Attainment
                                                      10/6/2013);                                             substantial number of small entities
                                                                                                              under the Regulatory Flexibility Act (5               of the 2008 8-Hour Ozone National
                                                         • 18 AAC 50.225 ‘‘Owner-Requested                                                                          Ambient Air Quality Standard for the
                                                      Limits’’ (State effective 10/6/2013);                   U.S.C. 601 et seq.);
                                                                                                                 • does not contain any unfunded                    Baltimore, Maryland Moderate
                                                         • 18 AAC 50.260 ‘‘Guidelines for Best                                                                      Nonattainment Area
                                                      Available Retrofit Technology under the                 mandate or significantly or uniquely
                                                      Regional Haze Rule’’ (State effective 10/               affect small governments, as described                AGENCY:  Environmental Protection
                                                      6/2013);                                                in the Unfunded Mandates Reform Act                   Agency (EPA).
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         • 18 AAC 50.502 ‘‘Minor Permits for                  of 1995 (Pub. L. 104–4);                              ACTION: Proposed rule.
                                                      Air Quality Protection’’ (State effective                  • does not have Federalism
                                                      11/9/2014); and                                         implications as specified in Executive                SUMMARY:  The Environmental Protection
                                                         • 18 AAC 50.990 ‘‘Definitions’’ (State               Order 13132 (64 FR 43255, August 10,                  Agency (EPA) is proposing to make a
                                                      effective 11/9/2014).                                   1999);                                                determination that the Baltimore,
                                                         We have made the preliminary                            • is not an economically significant               Maryland Moderate Nonattainment Area
                                                      determination that the submitted SIP                    regulatory action based on health or                  (Baltimore Area) has attained the 2008
                                                      revisions are approvable because they                   safety risks subject to Executive Order               8-hour ozone National Ambient Air
                                                      are consistent with section 110 and part                13045 (62 FR 19885, April 23, 1997);                  Quality Standard (NAAQS). This


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                                                      14042                 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

                                                      proposed determination is based upon                    you provide it in the body of your                     Baltimore City, Baltimore County,
                                                      complete, quality-assured, and certified                comment. If you send an email                          Carroll County, Harford County, and
                                                      ambient air monitoring data that shows                  comment directly to EPA without going                  Howard County) was designated as a
                                                      the Area has monitored attainment of                    through www.regulations.gov, your                      moderate ozone nonattainment area. See
                                                      the 2008 8-hour ozone NAAQS for the                     email address will be automatically                    40 CFR 81.321. Moderate areas are
                                                      2012–2014 monitoring period. If this                    captured and included as part of the                   required to attain the 2008 8-hour ozone
                                                      proposal becomes final, the requirement                 comment that is placed in the public                   NAAQS by no later than six years after
                                                      for this Area to submit an attainment                   docket and made available on the                       the effective date of designations, or July
                                                      demonstration, reasonably available                     Internet. If you submit an electronic                  20, 2018. See 40 CFR 51.903. Air quality
                                                      control measures (RACM), a reasonable                   comment, EPA recommends that you                       monitoring data from the 2012–2014
                                                      further progress (RFP) plan, and                        include your name and other contact                    monitoring period indicate that the
                                                      contingency measures related to                         information in the body of your                        Baltimore Area is now attaining the
                                                      attainment of the 2008 8-hour ozone                     comment and with any disk or CD–ROM                    2008 8-hour ozone NAAQS.
                                                      NAAQS shall be suspended for so long                    you submit. If EPA cannot read your                       Under the provisions of EPA’s ozone
                                                      as the Area continues to attain the 2008                comment due to technical difficulties                  implementation rule (40 CFR 51.918), if
                                                      8-hour ozone NAAQS. This action does                    and cannot contact you for clarification,              EPA issues a determination that an area
                                                      not constitute a redesignation to                       EPA may not be able to consider your                   is attaining the relevant standard
                                                      attainment. The Baltimore Area will                     comment. Electronic files should avoid                 (through a rulemaking that includes
                                                      remain nonattainment for the 2008 8-                    the use of special characters, any form                public notice and comment), it will
                                                      hour ozone NAAQS until such time as                     of encryption, and be free of any defects              suspend the area’s obligations to submit
                                                      EPA determines that the Baltimore Area                  or viruses.                                            an attainment demonstration, RACM,
                                                      meets the Clean Air Act (CAA)                              Docket: All documents in the                        RFP, contingency measures and other
                                                      requirements for redesignation to                       electronic docket are listed in the                    planning requirements related to
                                                      attainment, including an approved                       www.regulations.gov index. Although                    attainment of the 2008 8-hour ozone
                                                      maintenance plan. This action is being                  listed in the index, some information is               NAAQS for as long as the area continues
                                                      taken under the CAA.                                    not publicly available, i.e., CBI or other             to attain the standard. This suspension
                                                                                                              information whose disclosure is                        remains in effect until such time, if ever,
                                                      DATES: Written comments must be
                                                                                                              restricted by statute. Certain other                   that EPA (i) redesignates the area to
                                                      received on or before April 17, 2015.
                                                                                                              material, such as copyrighted material,                attainment at which time those
                                                      ADDRESSES: Submit your comments,                        is not placed on the Internet and will be              requirements no longer apply, or (ii)
                                                      identified by Docket ID Number EPA–                     publicly available only in hard copy                   subsequently determines that the area
                                                      R03–OAR–2014–0884 by one of the                         form. Publicly available docket                        has violated the 2008 8-hour ozone
                                                      following methods:                                      materials are available either                         NAAQS. Although these requirements
                                                         A. www.regulations.gov. Follow the                   electronically in www.regulations.gov or               are suspended, EPA is not precluded
                                                      on-line instructions for submitting                     in hard copy during normal business                    from acting upon these elements at any
                                                      comments.                                               hours at the Air Protection Division,                  time if submitted to EPA for review and
                                                         B. Email: fernandez.cristina@epa.gov.                U.S. Environmental Protection Agency,                  approval. The determination of
                                                         C. Mail: EPA–R03–OAR–2014–0884,                      Region III, 1650 Arch Street,                          attainment is not equivalent to a
                                                      Cristina Fernandez, Associate Director,                 Philadelphia, Pennsylvania 19103.                      redesignation under section 107(d)(3) of
                                                      Office of Air Program Planning,                                                                                the CAA. The designation status of the
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      Mailcode 3AP30, U.S. Environmental                                                                             Baltimore Area will remain
                                                                                                              Irene Shandruk, (215) 814–2166, or by
                                                      Protection Agency, Region III, 1650                                                                            nonattainment for the 2008 8-hour
                                                                                                              email at shandruk.irene@epa.gov.
                                                      Arch Street, Philadelphia, Pennsylvania                                                                        ozone NAAQS until such time as EPA
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                      19103.                                                                                                         determines that the Area meets the CAA
                                                         D. Hand Delivery: At the previously-                 I. Background                                          requirements for redesignation to
                                                      listed EPA Region III address. Such                        On March 12, 2008, EPA revised both                 attainment, including an approved
                                                      deliveries are only accepted during the                 the primary and secondary NAAQS for                    maintenance plan. Additionally, the
                                                      Docket’s normal hours of operation, and                 ozone to a level of 0.075 parts per                    determination of attainment is separate
                                                      special arrangements should be made                     million (ppm) (annual fourth-highest                   from, and does not influence or
                                                      for deliveries of boxed information.                    daily maximum 8-hour average                           otherwise affect, any future designation
                                                         Instructions: Direct your comments to                                                                       determination or requirements for the
                                                                                                              concentration, averaged over three
                                                      Docket ID No. EPA–R03–OAR–2014–                                                                                Baltimore Area based on any new or
                                                                                                              years) to provide increased protection of
                                                      0884. EPA’s policy is that all comments                                                                        revised ozone NAAQS, and it remains
                                                                                                              public health and the environment. 73
                                                      received will be included in the public                                                                        in effect regardless of whether EPA
                                                                                                              FR 16436 (March 27, 2008).1 The 2008
                                                      docket without change, and may be                                                                              designates this Area as a nonattainment
                                                                                                              ozone NAAQS retains the same general
                                                      made available online at                                                                                       area for purposes of any new or revised
                                                                                                              form and averaging time as the 0.08
                                                      www.regulations.gov, including any                                                                             ozone NAAQS.
                                                                                                              ppm NAAQS set in 1997, but is set at
                                                      personal information provided, unless
                                                                                                              a more protective level. On May 21,                    II. EPA’s Evaluation
                                                      the comment includes information
                                                                                                              2012 (77 FR 30088), effective July 20,
                                                      claimed to be Confidential Business                                                                               For ozone, an area may be considered
                                                                                                              2012, EPA designated as nonattainment
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                                                      Information (CBI) or other information                                                                         to be attaining the 2008 8-hour ozone
                                                                                                              any area that was violating the 2008 8-
                                                      whose disclosure is restricted by statute.                                                                     NAAQS if there are no violations, as
                                                                                                              hour ozone NAAQS based on the three
                                                      Do not submit information that you                                                                             determined in accordance with 40 CFR
                                                                                                              most recent years (2008–2010) of air
                                                      consider to be CBI or otherwise                                                                                part 50, based on three complete,
                                                                                                              monitoring data. The Baltimore Area
                                                      protected through www.regulations.gov                                                                          consecutive calendar years of quality-
                                                                                                              (specifically, Anne Arundel County,
                                                      or email. The www.regulations.gov Web                                                                          assured ambient air monitoring data.
                                                      site is an ‘‘anonymous access’’ system,                   1 For a detailed explanation of the calculation of   Under EPA regulations at 40 CFR part
                                                      which means EPA will not know your                      the 3-year 8-hour average, see 40 CFR part 50,         50, the 2008 8-hour ozone NAAQS is
                                                      identity or contact information unless                  appendix I.                                            attained when the 3-year average of the


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                                                                               Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules                                                                                            14043

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

                                                                                       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                                  requirements for redesignation under                                            in the Unfunded Mandates Reform Act
                                                      EPA’s AQS database. The AQS report                                      the CAA, including that the attainment                                          of 1995 (Pub. L. 104–4);
                                                      with this data is available in the docket                               be due to permanent and enforceable                                                • Does not have Federalism
                                                      for this rulemaking under docket                                        measures. Therefore, the designation                                            implications as specified in Executive
                                                      number EPA–R03–OAR–2014–0884 and                                        status of the Baltimore Area will remain                                        Order 13132 (64 FR 43255, August 10,
                                                      available online at www.regulations.gov,                                nonattainment for the 2008 8-hour                                               1999);
                                                      docket number EPA–R03–OAR–2014–                                         ozone NAAQS until such time as EPA
                                                      0884.                                                                   takes final rulemaking action to                                                   • Is not an economically significant
                                                                                                                              determine that such Area meets the                                              regulatory action based on health or
                                                      III. Proposed Action                                                                                                                                    safety risks subject to Executive Order
                                                                                                                              CAA requirements for redesignation to
                                                         EPA is proposing to make a                                           attainment. EPA is soliciting public                                            13045 (62 FR 19885, April 23, 1997);
                                                      determination that the Baltimore Area                                   comments on the issues discussed in                                                • Is not a significant regulatory action
                                                      has attained the 2008 8-hour ozone                                      this document. These comments will be                                           subject to Executive Order 13211 (66 FR
                                                      NAAQS. This proposed determination                                      considered before taking final action.                                          28355, May 22, 2001);
                                                      is based upon complete, quality-
                                                      assured, and certified ambient air                                      IV. Statutory and Executive Order                                                  • Is not subject to requirements of
                                                      monitoring data that show the Baltimore                                 Reviews                                                                         Section 12(d) of the National
                                                      Area has monitored attainment of the                                                                                                                    Technology Transfer and Advancement
                                                                                                                                 This action proposes to make an
                                                      2008 8-hour ozone NAAQS for the                                                                                                                         Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                              attainment determination based on air
                                                      2012–2014 monitoring period. Once this                                                                                                                  application of those requirements would
                                                                                                                              quality data and would, if finalized,
                                                      proposal is final, the requirement for                                                                                                                  be inconsistent with the CAA; and
                                                                                                                              result in the suspension of certain
                                                      this Area to submit an attainment                                       Federal requirements and would not                                                 • Does not provide EPA with the
                                                      demonstration, RACM, a RFP plan,                                        impose any additional requirements.                                             discretionary authority to address, as
                                                      contingency measures, and other                                         For that reason, this proposed action:                                          appropriate, disproportionate human
                                                      planning requirements related to
                                                      attainment of the 2008 8-hour ozone                                        • Is not a ‘‘significant regulatory                                          health or environmental effects, using
                                                                                                                              action’’ subject to review by the Office                                        practicable and legally permissible
                                                      NAAQS shall be suspended for so long                                                                                                                    methods, under Executive Order 12898
                                                      as the Baltimore Area continues to                                      of Management and Budget under
                                                                                                                              Executive Order 12866 (58 FR 51735,                                             (59 FR 7629, February 16, 1994).
                                                      attain the 2008 8-hour ozone NAAQS.
                                                      Although these requirements are                                         October 4, 1993);                                                                  In addition, this proposed rule,
                                                      suspended, EPA is not precluded from                                       • Does not impose an information                                             concerning a determination of
                                                      acting upon these elements at any time                                  collection burden under the provisions                                          attainment for the 2008 ozone NAAQS
                                                      if submitted to EPA for review and                                      of the Paperwork Reduction Act (44                                              for the Baltimore Area, does not have
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                                                      approval. Finalizing this determination                                 U.S.C. 3501 et seq.);                                                           tribal implications as specified by
                                                      does not constitute a redesignation of                                     • Is certified as not having a                                               Executive Order 13175 (65 FR 67249,
                                                      the Baltimore Area to attainment for the                                significant economic impact on a                                                November 9, 2000), because the State
                                                      2008 8-hour ozone NAAQS under CAA                                       substantial number of small entities                                            Implementation Plan (SIP) is not
                                                      section 107(d)(3). This determination of                                under the Regulatory Flexibility Act (5                                         approved to apply in Indian country
                                                      attainment also does not involve                                        U.S.C. 601 et seq.);                                                            located in the state, and EPA notes that
                                                      approving any maintenance plan for the                                     • Does not contain any unfunded                                              it will not impose substantial direct
                                                      Baltimore Area and does not determine                                   mandate or significantly or uniquely                                            costs on tribal governments or preempt
                                                      that the Baltimore Area has met all the                                 affect small governments, as described                                          tribal law.


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                                                      14044                 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Proposed Rules

                                                      List of Subjects in 40 CFR Part 52                      OAR–2015–0187, by one of the                             A. Which rules or statutory provisions did
                                                                                                              following methods:                                          the State submit?
                                                        Environmental protection, Air                                                                                  B. Are there previous versions of the
                                                      pollution control, Intergovernmental                       1. Federal eRulemaking Portal:
                                                                                                                                                                          statutory provisions or rules in the
                                                      relations, Incorporation by reference,                  www.regulations.gov. Follow the online
                                                                                                                                                                          Arizona SIP?
                                                      Ozone, Reporting and recordkeeping                      instructions.                                            C. What is the purpose of this proposed
                                                      requirements.                                              2. Email: R9airpermits@epa.gov.                          rule?
                                                                                                                 3. Mail or deliver: Gerardo Rios (Air-             II. EPA’s Evaluation
                                                         Authority: 42 U.S.C. 7401 et seq.                    3), U.S. Environmental Protection                        A. How is EPA evaluating the rules and
                                                       Dated: March 6, 2015.                                  Agency, Region 9, 75 Hawthorne Street,                      statutory provisions?
                                                      William C. Early,                                       San Francisco, CA 94105–3901.                            B. Do the rules meet the evaluation criteria
                                                      Acting Regional Administrator, Region III.              Deliveries are only accepted during the                     for Minor New Source Review?
                                                                                                              Regional Office’s normal hours of                        1. Legally Enforceable Procedures
                                                      [FR Doc. 2015–06220 Filed 3–17–15; 8:45 am]
                                                                                                              operation.                                               2. ADEQ’s Program Under 40 CFR
                                                      BILLING CODE 6560–50–P                                                                                              51.160(e)
                                                                                                                 Instructions: All comments will be
                                                                                                                                                                       3. Public Availability of Information
                                                                                                              included in the public docket without                    4. Administrative Procedures
                                                      ENVIRONMENTAL PROTECTION                                change and may be made available                         5. Stack Height Procedures
                                                      AGENCY                                                  online at www.regulations.gov,                           C. Do the rules meet the evaluation criteria
                                                                                                              including any personal information                          for Prevention of Significant
                                                      40 CFR part 52                                          provided, unless the comment includes                       Deterioration (PSD)?
                                                                                                              Confidential Business Information (CBI)                  1. General PSD Program Requirements
                                                      [EPA–R09–OAR–2015–0187; FRL–9924–48–
                                                                                                              or other information whose disclosure is                 2. Restrictions on Area Classifications
                                                      Region 9]
                                                                                                              restricted by statute. Information that                  3. Redesignations
                                                      Revisions to Air Plan; Arizona;                                                                                  4. Impacts on Class I Areas
                                                                                                              you consider CBI or otherwise protected
                                                                                                                                                                       5. Public Participation
                                                      Stationary Sources; New Source                          should be clearly identified as such and                 6. Plantwide Applicability Limits
                                                      Review                                                  should not be submitted through                          7. Definitions
                                                      AGENCY:  Environmental Protection                       www.regulations.gov or email.                            8. PM2.5 Significant Monitoring
                                                      Agency (EPA).                                           www.regulations.gov is an ‘‘anonymous                       Concentration
                                                                                                              access’’ system, and EPA will not know                   9. Definition for Basic Design Parameter
                                                      ACTION: Proposed rule.                                                                                           D. Do the rules meet the evaluation criteria
                                                                                                              your identity or contact information
                                                                                                              unless you provide it in the body of                        for Nonattainment New Source Review?
                                                      SUMMARY:   The Environmental Protection
                                                                                                              your comment. If you send email                          1. General Nonattainment NSR Program
                                                      Agency (EPA) is proposing a limited                                                                                 Requirements
                                                      approval and limited disapproval of                     directly to EPA, your email address will
                                                                                                                                                                       2. Plantwide Applicability Limits
                                                      revisions to the Arizona Department of                  be automatically captured and included                   3. Definitions
                                                      Environmental Quality (ADEQ) portion                    as part of the public comment. If EPA                    4. Definition for Basic Design Parameter
                                                      of the applicable state implementation                  cannot read your comment due to                          5. Additional Provisions for Particulate
                                                      plan (SIP) for the State of Arizona.                    technical difficulties and cannot contact                   Matter Nonattainment Areas
                                                      These revisions are primarily intended                  you for clarification, EPA may not be                    E. Review of Non-NSR Related Rules and
                                                      to serve as a replacement of ADEQ’s                     able to consider your comment.                              Statutory Provisions
                                                      existing SIP-approved rules for the                     Electronic files should avoid the use of                 F. Review of Rules and Statutory
                                                                                                              special characters, any form of                             Provisions Requested To Be Removed
                                                      issuance of New Source Review (NSR)
                                                                                                                                                                          From the SIP
                                                      permits for stationary sources, including               encryption, and be free of any defects or
                                                                                                                                                                       G. Do the rules meet the evaluation criteria
                                                      but not limited to review and permitting                viruses.                                                    under Sections 110(l) and 193 of the Act?
                                                      of major sources and major                                 Docket: Generally, documents in the                   H. Conclusion
                                                      modifications under the Clean Air Act                   docket for this action are available                  III. Public Comment and Proposed Action
                                                      (CAA or Act). After a lengthy                           electronically at www.regulations.gov                 IV. Incorporation by Reference
                                                      stakeholder process, the State of                       and in hard copy at EPA Region 9, 75                  V. Statutory and Executive Order Reviews
                                                      Arizona developed and submitted a                       Hawthorne Street, San Francisco,
                                                                                                                                                                    Definitions
                                                      NSR program for SIP approval that                       California. While all documents in the
                                                      satisfies most of the applicable Clean                  docket are listed at                                    For the purpose of this document, we
                                                      Air Act and NSR regulatory                              www.regulations.gov, some information                 are giving meaning to certain words or
                                                      requirements, and will significantly                    may be publicly available only at the                 initials as follows:
                                                      update ADEQ’s existing SIP-approved                     hard copy location (e.g., copyrighted                   (i) The words or initials Act or CAA mean
                                                      NSR program. It also represents an                      material, large maps), and some may not               or refer to the Clean Air Act, unless the
                                                      overall strengthening of ADEQ’s SIP-                    be publicly available in either location              context indicates otherwise.
                                                      approved NSR program by clarifying                      (e.g., CBI). To inspect the hard copy                   (ii) The initials ADEQ mean or refer to the
                                                      and enhancing the NSR permitting                        materials, please schedule an                         Arizona Department of Environmental
                                                      requirements for major and minor                                                                              Quality.
                                                                                                              appointment during normal business
                                                                                                                                                                      (iii) The initials A.R.S. mean or refer to the
                                                      stationary sources. This proposed action                hours with the contact listed in the FOR              Arizona Revised Statutes.
                                                      will update the applicable plan and set                 FURTHER INFORMATION CONTACT section.                    (iv) The initials BACT mean or refer to Best
                                                      the stage for remedying certain
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                                                                                                              FOR FURTHER INFORMATION CONTACT: Lisa                 Available Control Technology.
                                                      deficiencies in these rules. We are                     Beckham, EPA Region 9, (415) 972–                       (v) The initials CFR mean or refer to Code
                                                      seeking comment on our proposed                         3811, beckham.lisa@epa.gov.                           of Federal Regulations.
                                                      action and plan to follow with a final                                                                          (vi) The initials CO means or refer to
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                      action.                                                                                                       carbon monoxide.
                                                                                                              Throughout this document, the terms                     (vii) The words EPA, we, us or our mean
                                                      DATES: Any comments must arrive by                      ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.             or refer to the United States Environmental
                                                      April 17, 2015.                                                                                               Protection Agency.
                                                      ADDRESSES: Submit comments,
                                                                                                              Table of Contents
                                                                                                                                                                      (viii) The initials FIP mean or refer to
                                                      identified by docket number EPA–R09–                    I. The State’s Submittals                             Federal Implementation Plan.



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Document Created: 2018-02-21 09:39:53
Document Modified: 2018-02-21 09:39:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before April 17, 2015.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation80 FR 14041 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference; Ozone and Reporting and Recordkeeping Requirements

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