80_FR_15768 80 FR 15711 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Serious Nonattainment Area

80 FR 15711 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Serious Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15711-15713
FR Document2015-06731

The Environmental Protection Agency (EPA) is proposing to make a determination that the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has attained the 1997 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 1997 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 1997 8-hour ozone NAAQS shall be suspended for so long as the Area continues to attain the 1997 8-hour ozone NAAQS. This action does not constitute a redesignation to attainment. The Baltimore Area will remain nonattainment for the 1997 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 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15711-15713]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06731]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0883; FRL-9924-96-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Determination of Attainment of the 1997 8-Hour Ozone National 
Ambient Air Quality Standard for the Baltimore, Maryland Serious 
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 Serious Nonattainment Area 
(Baltimore Area) has attained the 1997 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 1997 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 1997 8-hour ozone NAAQS shall be suspended 
for so long as the Area continues to attain the 1997 8-hour ozone 
NAAQS. This action does not constitute a redesignation to attainment. 
The Baltimore Area will remain nonattainment for the 1997 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 24, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0883 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-2014-0883, 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-
2014-0883. 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 July 18, 1997, EPA revised the health-based NAAQS for ozone 
based on 8-hour average concentrations. 62 FR 38856. The 8-hour 
averaging period replaced the previous 1-hour averaging period, and the 
level of the NAAQS was changed from 0.12 parts per million (ppm) to 
0.08 ppm. Id. On April 30, 2004 (69 FR 23858), EPA finalized its 
attainment/nonattainment designations for areas across the country for 
the 1997 8-hour ozone NAAQS. These actions became effective on June 15, 
2004. Among those nonattainment areas was the Baltimore Area 
(specifically, Anne Arundel County, Baltimore City, Baltimore County, 
Carroll County, Harford County, and Howard County), which was 
designated as a moderate ozone nonattainment area. Id. Later, the 
Baltimore Area was reclassified as a serious nonattainment area for the 
1997 ozone NAAQS. 77 FR 4901 (February 1, 2012). See 40 CFR 81.321. Air 
quality monitoring data from the 2012-2014 monitoring period indicate 
that the Baltimore Area is now attaining the 1997 8-hour ozone NAAQS.
    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 1997 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 1997 8-hour ozone NAAQS. Although these requirements are 
suspended, EPA is not precluded

[[Page 15712]]

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 1997 8-
hour ozone NAAQS until such time as EPA determines that the Baltimore 
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 the Baltimore 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 1997 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 1997 8-hour ozone standard is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration at an ozone monitor is less 
than or equal to 0.08 ppm. This 3-year average is referred to as the 
design value. When the design value is less than or equal to 0.084 ppm 
(based on the rounding convention in 40 CFR part 50, Appendix I) 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 I 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 0.084 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 1997 8-hour ozone NAAQS.

                        Table 1--2012-2014 Baltimore Area 1997 8-Hour Ozone Design Values
----------------------------------------------------------------------------------------------------------------
                                                                     Average percent (%)      2012-2014 Design
                            Monitor ID                                data completeness         value (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-2014-0883 and available online at 
www.regulations.gov, docket number EPA-R03-OAR-2014-0883.

III. Proposed Action

    EPA is proposing to make a determination that the Baltimore Area 
has attained the 1997 8-hour ozone NAAQS. This proposed determination 
is based upon complete, quality-assured, and certified ambient air 
monitoring data that show the Area has monitored attainment of the 1997 
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 1997 8-hour 
ozone NAAQS shall be suspended for so long as the Area continues to 
attain the 1997 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 1997 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 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 1997 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 (Public Law 104-4);

[[Page 15713]]

     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 1997 8-hour 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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 9, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-06731 Filed 3-24-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules                                            15711

                                                    List of Subjects in 40 CFR Part 52                      DATES:   Written comments must be                     information whose disclosure is
                                                      Environmental protection, Air                         received on or before April 24, 2015.                 restricted by statute. Certain other
                                                    pollution control, Incorporation by                     ADDRESSES: Submit your comments,                      material, such as copyrighted material,
                                                    reference, Intergovernmental relations,                 identified by Docket ID Number EPA–                   is not placed on the Internet and will be
                                                    Nitrogen dioxide, Ozone, Particulate                    R03–OAR–2014–0883 by one of the                       publicly available only in hard copy
                                                    matter, Reporting and recordkeeping                     following methods:                                    form. Publicly available docket
                                                    requirements.                                              A. www.regulations.gov. Follow the                 materials are available either
                                                                                                            on-line instructions for submitting                   electronically in www.regulations.gov or
                                                       Authority: 42 U.S.C. 7401 et seq.                                                                          in hard copy during normal business
                                                                                                            comments.
                                                     Dated: March 10, 2015.                                    B. Email: fernandez.cristina@epa.gov.              hours at the Air Protection Division,
                                                    William C. Early,                                          C. Mail: EPA–R03–OAR–2014–0883,                    U.S. Environmental Protection Agency,
                                                    Acting Regional Administrator, Region III.              Cristina Fernandez, Associate Director,               Region III, 1650 Arch Street,
                                                    [FR Doc. 2015–06856 Filed 3–24–15; 8:45 am]             Office of Air Program Planning,                       Philadelphia, Pennsylvania 19103.
                                                    BILLING CODE 6560–50–P                                  Mailcode 3AP30, U.S. Environmental                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Protection Agency, Region III, 1650                   Irene Shandruk, (215) 814–2166, or by
                                                                                                            Arch Street, Philadelphia, Pennsylvania               email at shandruk.irene@epa.gov.
                                                    ENVIRONMENTAL PROTECTION                                19103.                                                SUPPLEMENTARY INFORMATION:
                                                    AGENCY                                                     D. Hand Delivery: At the previously-
                                                                                                            listed EPA Region III address. Such                   I. Background
                                                    40 CFR Part 52                                          deliveries are only accepted during the                  On July 18, 1997, EPA revised the
                                                                                                            Docket’s normal hours of operation, and               health-based NAAQS for ozone based
                                                    [EPA–R03–OAR–2014–0883; FRL–9924–96–                    special arrangements should be made                   on 8-hour average concentrations. 62 FR
                                                    Region–3]                                               for deliveries of boxed information.                  38856. The 8-hour averaging period
                                                                                                               Instructions: Direct your comments to              replaced the previous 1-hour averaging
                                                    Approval and Promulgation of Air
                                                                                                            Docket ID No. EPA–R03–OAR–2014–                       period, and the level of the NAAQS was
                                                    Quality Implementation Plans;
                                                                                                            0883. EPA’s policy is that all comments               changed from 0.12 parts per million
                                                    Maryland; Determination of Attainment
                                                                                                            received will be included in the public               (ppm) to 0.08 ppm. Id. On April 30,
                                                    of the 1997 8-Hour Ozone National
                                                                                                            docket without change, and may be                     2004 (69 FR 23858), EPA finalized its
                                                    Ambient Air Quality Standard for the
                                                                                                            made available online at                              attainment/nonattainment designations
                                                    Baltimore, Maryland Serious
                                                                                                            www.regulations.gov, including any                    for areas across the country for the 1997
                                                    Nonattainment Area
                                                                                                            personal information provided, unless                 8-hour ozone NAAQS. These actions
                                                    AGENCY:  Environmental Protection                       the comment includes information                      became effective on June 15, 2004.
                                                    Agency (EPA).                                           claimed to be Confidential Business                   Among those nonattainment areas was
                                                    ACTION: Proposed rule.                                  Information (CBI) or other information                the Baltimore Area (specifically, Anne
                                                                                                            whose disclosure is restricted by statute.            Arundel County, Baltimore City,
                                                    SUMMARY:   The Environmental Protection                 Do not submit information that you                    Baltimore County, Carroll County,
                                                    Agency (EPA) is proposing to make a                     consider to be CBI or otherwise                       Harford County, and Howard County),
                                                    determination that the Baltimore,                       protected through www.regulations.gov                 which was designated as a moderate
                                                    Maryland Serious Nonattainment Area                     or email. The www.regulations.gov Web                 ozone nonattainment area. Id. Later, the
                                                    (Baltimore Area) has attained the 1997                  site is an ‘‘anonymous access’’ system,               Baltimore Area was reclassified as a
                                                    8-hour ozone National Ambient Air                       which means EPA will not know your                    serious nonattainment area for the 1997
                                                    Quality Standard (NAAQS). This                          identity or contact information unless                ozone NAAQS. 77 FR 4901 (February 1,
                                                    proposed determination is based upon                    you provide it in the body of your                    2012). See 40 CFR 81.321. Air quality
                                                    complete, quality-assured, and certified                comment. If you send an email                         monitoring data from the 2012–2014
                                                    ambient air monitoring data that shows                  comment directly to EPA without going                 monitoring period indicate that the
                                                    the Area has monitored attainment of                    through www.regulations.gov, your                     Baltimore Area is now attaining the
                                                    the 1997 8-hour ozone NAAQS for the                     email address will be automatically                   1997 8-hour ozone NAAQS.
                                                    2012–2014 monitoring period. If this                    captured and included as part of the                     Under the provisions of EPA’s ozone
                                                    proposal becomes final, the requirement                 comment that is placed in the public                  implementation rule (40 CFR 51.918), if
                                                    for this Area to submit an attainment                   docket and made available on the                      EPA issues a determination that an area
                                                    demonstration, reasonably available                     Internet. If you submit an electronic                 is attaining the relevant standard
                                                    control measures (RACM), a reasonable                   comment, EPA recommends that you                      (through a rulemaking that includes
                                                    further progress (RFP) plan, and                        include your name and other contact                   public notice and comment), it will
                                                    contingency measures related to                         information in the body of your                       suspend the area’s obligations to submit
                                                    attainment of the 1997 8-hour ozone                     comment and with any disk or CD–ROM                   an attainment demonstration, RACM,
                                                    NAAQS shall be suspended for so long                    you submit. If EPA cannot read your                   RFP, contingency measures and other
                                                    as the Area continues to attain the 1997                comment due to technical difficulties                 planning requirements related to
                                                    8-hour ozone NAAQS. This action does                    and cannot contact you for clarification,             attainment of the 1997 8-hour ozone
                                                    not constitute a redesignation to                       EPA may not be able to consider your                  NAAQS for as long as the area continues
                                                    attainment. The Baltimore Area will                     comment. Electronic files should avoid                to attain the standard. This suspension
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                                                    remain nonattainment for the 1997 8-                    the use of special characters, any form               remains in effect until such time, if ever,
                                                    hour ozone NAAQS until such time as                     of encryption, and be free of any defects             that EPA (i) redesignates the area to
                                                    EPA determines that the Baltimore Area                  or viruses.                                           attainment at which time those
                                                    meets the Clean Air Act (CAA)                              Docket: All documents in the                       requirements no longer apply, or (ii)
                                                    requirements for redesignation to                       electronic docket are listed in the                   subsequently determines that the area
                                                    attainment, including an approved                       www.regulations.gov index. Although                   has violated the 1997 8-hour ozone
                                                    maintenance plan. This action is being                  listed in the index, some information is              NAAQS. Although these requirements
                                                    taken under the CAA.                                    not publicly available, i.e., CBI or other            are suspended, EPA is not precluded


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                                                    15712                    Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules

                                                    from acting upon these elements at any                                  II. EPA’s Evaluation                                                        with valid ambient monitoring data is
                                                    time if submitted to EPA for review and                                                                                                             greater than or equal to 90 percent (%),
                                                    approval. The determination of                                             For ozone, an area may be considered                                     and no single year has less than 75%
                                                    attainment is not equivalent to a                                       to be attaining the 1997 8-hour ozone                                       data completeness as determined in
                                                    redesignation under section 107(d)(3) of                                NAAQS if there are no violations, as                                        Appendix I of 40 CFR part 50. The data
                                                    the CAA. The designation status of the                                  determined in accordance with 40 CFR                                        must be collected and quality-assured in
                                                    Baltimore Area will remain                                              part 50, based on three complete,                                           accordance with 40 CFR part 58, and
                                                    nonattainment for the 1997 8-hour                                       consecutive calendar years of quality-                                      recorded in the EPA Air Quality System
                                                    ozone NAAQS until such time as EPA                                      assured ambient air monitoring data.
                                                                                                                                                                                                        (AQS).
                                                    determines that the Baltimore Area                                      Under EPA regulations at 40 CFR part
                                                    meets the CAA requirements for                                          50, the 1997 8-hour ozone standard is                                          EPA has reviewed the complete,
                                                    redesignation to attainment, including                                  attained when the 3-year average of the                                     quality-assured and certified ozone
                                                    an approved maintenance plan.                                           annual fourth-highest daily maximum 8-                                      ambient air monitoring data for the
                                                    Additionally, the determination of                                      hour average ozone concentration at an                                      monitoring period for 2012–2014 for the
                                                    attainment is separate from, and does                                   ozone monitor is less than or equal to                                      Baltimore Area. The design values for
                                                    not influence or otherwise affect, any                                  0.08 ppm. This 3-year average is                                            each monitor for the years 2012–2014
                                                    future designation determination or                                     referred to as the design value. When                                       are less than or equal to 0.084 ppm, and
                                                    requirements for the Baltimore Area                                     the design value is less than or equal to                                   all monitors meet the data completeness
                                                    based on any new or revised ozone                                       0.084 ppm (based on the rounding                                            requirements (see Table 1). Based on
                                                    NAAQS, and it remains in effect                                         convention in 40 CFR part 50, Appendix                                      this 2012–2014 data from the AQS
                                                    regardless of whether EPA designates                                    I) at each monitor within the area, then                                    database and consistent with the
                                                    the Baltimore Area as a nonattainment                                   the area is attaining the NAAQS. Also,                                      requirements contained in 40 CFR part
                                                    area for purposes of any new or revised                                 the data completeness requirement is                                        50, EPA has concluded that this Area
                                                    ozone NAAQS.                                                            met when the average percent of days                                        attained the 1997 8-hour ozone NAAQS.

                                                                                     TABLE 1—2012–2014 BALTIMORE AREA 1997 8-HOUR OZONE DESIGN VALUES
                                                                                                                                                                                                                                  2012–2014
                                                                                                                                                                                                       Average percent (%)
                                                                                                                Monitor ID                                                                                                       Design value
                                                                                                                                                                                                        data 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                                  precluded from acting upon these                                            IV. Statutory and Executive Order
                                                    EPA’s AQS database. The AQS report                                      elements at any time if submitted to                                        Reviews
                                                    with this data is available in the docket                               EPA for review and approval. Finalizing
                                                    for this rulemaking under docket                                                                                                                       This action proposes to make an
                                                                                                                            this determination does not constitute a
                                                    number EPA–R03–OAR–2014–0883 and                                                                                                                    attainment determination based on air
                                                                                                                            redesignation of the Baltimore Area to
                                                    available online at www.regulations.gov,                                                                                                            quality data and would, if finalized,
                                                                                                                            attainment for the 1997 8-hour ozone
                                                    docket number EPA–R03–OAR–2014–                                                                                                                     result in the suspension of certain
                                                                                                                            NAAQS under CAA section 107(d)(3).                                          Federal requirements and would not
                                                    0883.                                                                   This determination of attainment also                                       impose any additional requirements.
                                                    III. Proposed Action                                                    does not involve approving any                                              For that reason, this proposed action:
                                                                                                                            maintenance plan for the Baltimore
                                                       EPA is proposing to make a                                                                                                                          • Is not a ‘‘significant regulatory
                                                    determination that the Baltimore Area                                   Area and does not determine that the
                                                                                                                                                                                                        action’’ subject to review by the Office
                                                    has attained the 1997 8-hour ozone                                      Area has met all the requirements for
                                                                                                                                                                                                        of Management and Budget under
                                                    NAAQS. This proposed determination                                      redesignation under the CAA, including                                      Executive Order 12866 (58 FR 51735,
                                                    is based upon complete, quality-                                        that the attainment be due to permanent                                     October 4, 1993);
                                                    assured, and certified ambient air                                      and enforceable measures. Therefore,
                                                                                                                                                                                                           • does not impose an information
                                                    monitoring data that show the Area has                                  the designation status of the Baltimore
                                                                                                                                                                                                        collection burden under the provisions
                                                    monitored attainment of the 1997 8-                                     Area will remain nonattainment for the
                                                                                                                                                                                                        of the Paperwork Reduction Act (44
                                                    hour ozone NAAQS for the 2012–2014                                      1997 8-hour ozone NAAQS until such
                                                                                                                                                                                                        U.S.C. 3501 et seq.);
                                                    monitoring period. Once this proposal is                                time as EPA takes final rulemaking
                                                    final, the requirement for this Area to                                 action to determine that such Area                                             • is certified as not having a
                                                    submit an attainment demonstration,                                                                                                                 significant economic impact on a
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                                                                                                                            meets the CAA requirements for
                                                    RACM, a RFP plan, contingency                                                                                                                       substantial number of small entities
                                                                                                                            redesignation to attainment. EPA is
                                                    measures, and other planning                                                                                                                        under the Regulatory Flexibility Act (5
                                                                                                                            soliciting public comments on the
                                                    requirements related to attainment of                                                                                                               U.S.C. 601 et seq.);
                                                                                                                            issues discussed in this document.
                                                    the 1997 8-hour ozone NAAQS shall be                                    These comments will be considered                                              • does not contain any unfunded
                                                    suspended for so long as the Area                                       before taking final action.                                                 mandate or significantly or uniquely
                                                    continues to attain the 1997 8-hour                                                                                                                 affect small governments, as described
                                                    ozone NAAQS. Although these                                                                                                                         in the Unfunded Mandates Reform Act
                                                    requirements are suspended, EPA is not                                                                                                              of 1995 (Public Law 104–4);


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                                                                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules                                           15713

                                                       • does not have Federalism                           ACTION:   Proposed rule.                              comment and with any disk or CD–ROM
                                                    implications as specified in Executive                                                                        you submit. If EPA cannot read your
                                                    Order 13132 (64 FR 43255, August 10,                    SUMMARY:     The Environmental Protection             comment due to technical difficulties
                                                    1999);                                                  Agency (EPA) is proposing to approve a                and cannot contact you for clarification,
                                                       • is not an economically significant                 State Implementation Plan (SIP)                       EPA may not be able to consider your
                                                    regulatory action based on health or                    revision submitted on August 22, 2013                 comment. Electronic files should avoid
                                                    safety risks subject to Executive Order                 by the Maryland Department of the                     the use of special characters, any form
                                                    13045 (62 FR 19885, April 23, 1997);                    Environment (MDE). This revision                      of encryption, and be free of any defects
                                                       • is not a significant regulatory action             pertains to Maryland’s major                          or viruses.
                                                    subject to Executive Order 13211 (66 FR                 nonattainment New Source Review                          Docket: All documents in the
                                                    28355, May 22, 2001);                                   (NSR) program, notably preconstruction                electronic docket are listed in the
                                                       • is not subject to requirements of                  permitting requirements for sources of                www.regulations.gov index. Although
                                                    Section 12(d) of the National                           fine particulate matter (PM2.5). This                 listed in the index, some information is
                                                    Technology Transfer and Advancement                     action is being taken under the Clean
                                                                                                                                                                  not publicly available, i.e., CBI or other
                                                                                                            Air Act (CAA).
                                                    Act of 1995 (15 U.S.C. 272 note) because                                                                      information whose disclosure is
                                                    application of those requirements would                 DATES: Written comments must be                       restricted by statute. Certain other
                                                    be inconsistent with the CAA; and                       received on or before April 24, 2015.                 material, such as copyrighted material,
                                                       • does not provide EPA with the                      ADDRESSES: Submit your comments,                      is not placed on the Internet and will be
                                                    discretionary authority to address, as                  identified by Docket ID Number EPA–                   publicly available only in hard copy
                                                    appropriate, disproportionate human                     R03–OAR–2014–0833 by one of the                       form. Publicly available docket
                                                    health or environmental effects, using                  following methods:                                    materials are available either
                                                    practicable and legally permissible                        A. www.regulations.gov. Follow the                 electronically in www.regulations.gov or
                                                    methods, under Executive Order 12898                    on-line instructions for submitting                   in hard copy during normal business
                                                    (59 FR 7629, February 16, 1994).                        comments.                                             hours at the Air Protection Division,
                                                       In addition, this proposed rule,                        B. Email: campbell.dave@epa.gov.                   U.S. Environmental Protection Agency,
                                                                                                               C. Mail: EPA–R03–OAR–2014–0833,
                                                    concerning a determination of                                                                                 Region III, 1650 Arch Street,
                                                                                                            David Campbell, Associate Director,
                                                    attainment for the 1997 8-hour ozone                                                                          Philadelphia, Pennsylvania 19103.
                                                                                                            Office of Permits and Air Toxics,
                                                    NAAQS for the Baltimore Area, does not                                                                        Copies of the State submittal are
                                                                                                            Mailcode 3AP10, U.S. Environmental
                                                    have tribal implications as specified by                                                                      available at the Maryland Department of
                                                                                                            Protection Agency, Region III, 1650
                                                    Executive Order 13175 (65 FR 67249,                                                                           the Environment, 1800 Washington
                                                                                                            Arch Street, Philadelphia, Pennsylvania
                                                    November 9, 2000), because the State                    19103.                                                Boulevard, Suite 705, Baltimore,
                                                    Implementation Plan (SIP) is not                           D. Hand Delivery: At the previously-               Maryland 21230.
                                                    approved to apply in Indian country                     listed EPA Region III address. Such                   FOR FURTHER INFORMATION CONTACT:
                                                    located in the state, and EPA notes that                deliveries are only accepted during the               David Talley, (215) 814–2117, or by
                                                    it will not impose substantial direct                   Docket’s normal hours of operation, and               email at talley.david@epa.gov.
                                                    costs on tribal governments or preempt                  special arrangements should be made                   SUPPLEMENTARY INFORMATION:
                                                    tribal law.                                             for deliveries of boxed information.
                                                                                                               Instructions: Direct your comments to              I. Background
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            Docket ID No. EPA–R03–OAR–2014–                          On August 22, 2013, MDE submitted
                                                      Environmental protection, Air                         0833. EPA’s policy is that all comments               a SIP revision request to EPA. This SIP
                                                    pollution control, Incorporation by                     received will be included in the public               revision request, if approved, would
                                                    reference, Intergovernmental relations,                 docket without change, and may be                     revise Maryland’s currently approved
                                                    Incorporation by reference, Ozone,                      made available online at                              nonattainment NSR program by
                                                    Reporting and recordkeeping                             www.regulations.gov, including any                    amending Regulation .01 under section
                                                    requirements.                                           personal information provided, unless                 26.11.01 of the Code of Maryland
                                                       Authority: 42 U.S.C. 7401 et seq.                    the comment includes information                      Regulations (COMAR), and Regulations
                                                     Dated: March 9, 2015.                                  claimed to be Confidential Business                   .01 and .02 under COMAR 26.11.17.
                                                    William C. Early,                                       Information (CBI) or other information                Generally, the revisions incorporate
                                                    Acting Regional Administrator, Region III.
                                                                                                            whose disclosure is restricted by statute.            provisions related to the 2008
                                                                                                            Do not submit information that you                    ‘‘Implementation of the New Source
                                                    [FR Doc. 2015–06731 Filed 3–24–15; 8:45 am]
                                                                                                            consider to be CBI or otherwise                       Review (NSR) Program for Particulate
                                                    BILLING CODE 6560–50–P
                                                                                                            protected through www.regulations.gov                 Matter Less than 2.5 Micrometers
                                                                                                            or email. The www.regulations.gov Web                 (PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR
                                                                                                            site is an ‘‘anonymous access’’ system,               28321 (May 16, 2008). The 2008 NSR
                                                    ENVIRONMENTAL PROTECTION
                                                                                                            which means EPA will not know your                    PM2.5 rule: (1) Required NSR permits to
                                                    AGENCY
                                                                                                            identity or contact information unless                address directly emitted PM2.5 and
                                                    40 CFR Part 52                                          you provide it in the body of your                    precursor pollutants; (2) established
                                                                                                            comment. If you send an email                         significant emission rates for direct
                                                    [EPA–R03–OAR–2014–0833; FRL–9924–97–                    comment directly to EPA without going                 PM2.5 and precursor pollutants
                                                    Region–3]                                               through www.regulations.gov, your                     (including sulfur dioxide (SO2) and
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                                                    Approval and Promulgation of Air                        email address will be automatically                   oxides of nitrogen (NOX)); (3)
                                                    Quality Implementation Plans;                           captured and included as part of the                  established PM2.5 emission offsets; and
                                                    Maryland; Preconstruction                               comment that is placed in the public                  (4) required states to account for gases
                                                    Requirements—Nonattainment New                          docket and made available on the                      that condense to form particles
                                                    Source Review                                           Internet. If you submit an electronic                 (condensables) in PM2.5 emission limits.
                                                                                                            comment, EPA recommends that you                         Additionally, the 2008 NSR PM2.5
                                                    AGENCY: Environmental Protection                        include your name and other contact                   Rule authorized states to adopt
                                                    Agency (EPA).                                           information in the body of your                       provisions in their nonattainment NSR


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Document Created: 2018-02-21 09:49:05
Document Modified: 2018-02-21 09:49:05
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 24, 2015.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation80 FR 15711 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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