80_FR_30070 80 FR 29970 - 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 29970 - 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 100 (May 26, 2015)

Page Range29970-29972
FR Document2015-12488

The Environmental Protection Agency (EPA) has determined that the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon complete, quality-assured, and certified ambient air monitoring data that shows the Baltimore Area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2012- 2014 monitoring period. EPA is finding the Baltimore Area to be in attainment in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 100 (Tuesday, May 26, 2015)
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29970-29972]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12488]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0883; FRL-9928-15-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) has determined that 
the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). This determination is based upon complete, quality-assured, 
and certified ambient air monitoring data that shows the Baltimore Area 
has monitored attainment of the 1997 8-hour ozone NAAQS for the 2012-
2014 monitoring period. EPA is finding the Baltimore Area to be in 
attainment in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on June 25, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0883. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: 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. 
On March 25, 2015 (80 FR 15711), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to 
determine that the Baltimore Area has attained 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, reasonably available control measures (RACM), 
reasonable further progress (RFP) plan, 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 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

    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 Air Quality System (AQS) database and consistent 
with the requirements contained in 40 CFR part 50, EPA has concluded 
that the Baltimore Area attained the 1997 8-hour ozone NAAQS. Other 
specific requirements and the rationale for EPA's proposed action are 
explained in the NPR and will not be

[[Page 29971]]

restated here. No public comments were received on the NPR.

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

III. Final Action

    EPA has determined that the Baltimore Area has attained the 1997 8-
hour ozone NAAQS. This determination is based upon complete, quality-
assured, and certified ambient air monitoring data that show the 
Baltimore Area has monitored attainment of the 1997 8-hour ozone NAAQS 
for the 2012-2014 monitoring period. This determination suspends the 
requirement for the Baltimore 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 for so long as the Baltimore 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 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 1997 8-hour ozone NAAQS until such time as EPA 
takes final rulemaking action to determine that the Baltimore Area 
meets the CAA requirements for redesignation to attainment.

IV. Statutory and Executive Order Reviews

A. General Requirements

    This action makes a determination of attainment based on air 
quality, and will result in the suspension of certain Federal 
requirements, and will not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 27, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action determining that the Baltimore Area has attained the 
1997 8-hour ozone NAAQS may not be

[[Page 29972]]

challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 13, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart V--Maryland

0
2. In Sec.  52.1082, paragraph (h) is added to read as follows:


Sec.  52.1082  Determinations of attainment.

* * * * *
    (h) EPA has determined, as of May 26, 2015, that based on 2012 to 
2014 ambient air quality data, the Baltimore nonattainment area has 
attained the 1997 8-hour ozone NAAQS. This determination, in accordance 
with 40 CFR 51.1118, suspends the requirement for this area to submit 
an attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 8-hour ozone NAAQS.

[FR Doc. 2015-12488 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  29970              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  rather than file an immediate petition                  monitored attainment of the 1997 8-                   Baltimore Area has attained the 1997 8-
                                                  for judicial review of this direct final                hour ozone NAAQS for the 2012–2014                    hour ozone NAAQS.
                                                  rule, so that EPA can withdraw this                     monitoring period. EPA is finding the                    Under the provisions of EPA’s ozone
                                                  direct final rule and address the                       Baltimore Area to be in attainment in                 implementation rule (40 CFR 51.918), if
                                                  comment in the proposed rulemaking.                     accordance with the requirements of the               EPA issues a determination that an area
                                                  This action may not be challenged later                 Clean Air Act (CAA).                                  is attaining the relevant standard
                                                  in proceedings to enforce its                           DATES: This final rule is effective on                (through a rulemaking that includes
                                                  requirements. (See section 307(b)(2).)                  June 25, 2015.                                        public notice and comment), it will
                                                                                                          ADDRESSES: EPA has established a                      suspend the area’s obligations to submit
                                                  List of Subjects in 40 CFR Part 52                                                                            an attainment demonstration,
                                                                                                          docket for this action under Docket ID
                                                    Environmental protection, Air                         Number EPA–R03–OAR–2014–0883. All                     reasonably available control measures
                                                  pollution control, Carbon monoxide,                     documents in the docket are listed in                 (RACM), reasonable further progress
                                                  Incorporation by reference,                             the www.regulations.gov Web site.                     (RFP) plan, contingency measures and
                                                  Intergovernmental relations, Nitrogen                   Although listed in the electronic docket,             other planning requirements related to
                                                  dioxide, Ozone, Particulate matter,                     some information is not publicly                      attainment of the 1997 8-hour ozone
                                                  Reporting and recordkeeping                             available, i.e., confidential business                NAAQS for as long as the area continues
                                                  requirements, Volatile organic                          information (CBI) or other information                to attain the standard. This suspension
                                                  compounds.                                              whose disclosure is restricted by statute.            remains in effect until such time, if ever,
                                                    Dated: May 13, 2015.                                  Certain other material, such as                       that EPA (i) redesignates the area to
                                                                                                          copyrighted material, is not placed on                attainment at which time those
                                                  Susan Hedman,
                                                                                                          the Internet and will be publicly                     requirements no longer apply, or (ii)
                                                  Regional Administrator, Region 5.                                                                             subsequently determines that the area
                                                                                                          available only in hard copy form.
                                                      40 CFR part 52 is amended as follows:                                                                     has violated the 1997 8-hour ozone
                                                                                                          Publicly available docket materials are
                                                                                                                                                                NAAQS. Although these requirements
                                                  PART 52—APPROVAL AND                                    available either electronically through
                                                                                                                                                                are suspended, EPA is not precluded
                                                  PROMULGATION OF                                         www.regulations.gov or in hard copy for
                                                                                                                                                                from acting upon these elements at any
                                                  IMPLEMENTATION PLANS                                    public inspection during normal
                                                                                                                                                                time if submitted to EPA for review and
                                                                                                          business hours at the Air Protection
                                                                                                                                                                approval. The determination of
                                                  ■ 1. The authority citation for part 52                 Division, U.S. Environmental Protection
                                                                                                                                                                attainment is not equivalent to a
                                                  continues to read as follows:                           Agency, Region III, 1650 Arch Street,
                                                                                                                                                                redesignation under section 107(d)(3) of
                                                                                                          Philadelphia, Pennsylvania 19103.
                                                      Authority: 42 U.S.C. 7401 et seq.                                                                         the CAA. The designation status of the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Baltimore Area will remain
                                                  § 52.1870    [Amended]                                  Irene Shandruk, (215) 814–2166, or by                 nonattainment for the 1997 8-hour
                                                  ■ 2. Section 52.1870 is amended by                      email at shandruk.irene@epa.gov.                      ozone NAAQS until such time as EPA
                                                  removing and reserving paragraph                        SUPPLEMENTARY INFORMATION:                            determines that the Baltimore Area
                                                  (c)(107).                                               I. Background                                         meets the CAA requirements for
                                                  [FR Doc. 2015–12363 Filed 5–22–15; 8:45 am]                                                                   redesignation to attainment, including
                                                                                                             On July 18, 1997, EPA revised the                  an approved maintenance plan.
                                                  BILLING CODE 6560–50–P                                  health-based NAAQS for ozone based                    Additionally, the determination of
                                                                                                          on 8-hour average concentrations. 62 FR               attainment is separate from, and does
                                                                                                          38856. The 8-hour averaging period                    not influence or otherwise affect, any
                                                  ENVIRONMENTAL PROTECTION                                replaced the previous 1-hour averaging
                                                  AGENCY                                                                                                        future designation determination or
                                                                                                          period, and the level of the NAAQS was                requirements for the Baltimore Area
                                                  40 CFR Part 52                                          changed from 0.12 parts per million                   based on any new or revised ozone
                                                                                                          (ppm) to 0.08 ppm. Id. On April 30,                   NAAQS, and it remains in effect
                                                  [EPA–R03–OAR–2014–0883; FRL–9928–15–                    2004 (69 FR 23858), EPA finalized its
                                                  Region 3]
                                                                                                                                                                regardless of whether EPA designates
                                                                                                          attainment/nonattainment designations                 the Baltimore Area as a nonattainment
                                                                                                          for areas across the country for the 1997             area for purposes of any new or revised
                                                  Approval and Promulgation of Air
                                                                                                          8-hour ozone NAAQS. These actions                     ozone NAAQS.
                                                  Quality Implementation Plans;
                                                                                                          became effective on June 15, 2004.
                                                  Maryland; Determination of Attainment                                                                         II. EPA’s Evaluation
                                                                                                          Among those nonattainment areas was
                                                  of the 1997 8-Hour Ozone National
                                                                                                          the Baltimore Area (specifically, Anne                   EPA has reviewed the complete,
                                                  Ambient Air Quality Standard for the
                                                                                                          Arundel County, Baltimore City,                       quality-assured and certified ozone
                                                  Baltimore, Maryland Serious
                                                                                                          Baltimore County, Carroll County,                     ambient air monitoring data for the
                                                  Nonattainment Area
                                                                                                          Harford County, and Howard County),                   monitoring period for 2012–2014 for the
                                                  AGENCY:  Environmental Protection                       which was designated as a moderate                    Baltimore Area. The design values for
                                                  Agency (EPA).                                           ozone nonattainment area. Id. Later, the              each monitor for the years 2012–2014
                                                  ACTION: Final rule.                                     Baltimore Area was reclassified as a                  are less than or equal to 0.084 ppm, and
                                                                                                          serious nonattainment area for the 1997               all monitors meet the data completeness
                                                  SUMMARY:   The Environmental Protection                 ozone NAAQS. 77 FR 4901 (February 1,                  requirements (see Table 1). Based on
                                                  Agency (EPA) has determined that the                    2012). See 40 CFR 81.321. Air quality                 this 2012–2014 data from the Air
                                                  Baltimore, Maryland Serious                             monitoring data from the 2012–2014                    Quality System (AQS) database and
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                                                  Nonattainment Area (Baltimore Area)                     monitoring period indicate that the                   consistent with the requirements
                                                  has attained the 1997 8-hour ozone                      Baltimore Area is now attaining the                   contained in 40 CFR part 50, EPA has
                                                  National Ambient Air Quality Standard                   1997 8-hour ozone NAAQS. On March                     concluded that the Baltimore Area
                                                  (NAAQS). This determination is based                    25, 2015 (80 FR 15711), EPA published                 attained the 1997 8-hour ozone NAAQS.
                                                  upon complete, quality-assured, and                     a notice of proposed rulemaking (NPR)                 Other specific requirements and the
                                                  certified ambient air monitoring data                   for the State of Maryland. In the NPR,                rationale for EPA’s proposed action are
                                                  that shows the Baltimore Area has                       EPA proposed to determine that the                    explained in the NPR and will not be


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                                                                        Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations                                                                                        29971

                                                  restated here. No public comments were
                                                  received on the NPR.

                                                                                   TABLE 1—2012–2014 BALTIMORE AREA 1997 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                                  IV. Statutory and Executive Order                                               methods, under Executive Order 12898
                                                  EPA’s AQS database. The AQS report                                      Reviews                                                                         (59 FR 7629, February 16, 1994).
                                                  with this data is available in the docket                                                                                                                  In addition, this rule does not have
                                                                                                                          A. General Requirements                                                         tribal implications as specified by
                                                  for this rulemaking under docket
                                                  number EPA–R03–OAR–2014–0883 and                                           This action makes a determination of                                         Executive Order 13175 (65 FR 67249,
                                                  available online at www.regulations.gov,                                attainment based on air quality, and will                                       November 9, 2000), because the SIP is
                                                  docket number EPA–R03–OAR–2014–                                         result in the suspension of certain                                             not approved to apply in Indian country
                                                  0883.                                                                   Federal requirements, and will not                                              located in the state, and EPA notes that
                                                                                                                          impose additional requirements beyond                                           it will not impose substantial direct
                                                  III. Final Action                                                       those imposed by state law. For that                                            costs on tribal governments or preempt
                                                     EPA has determined that the                                          reason, this action:                                                            tribal law.
                                                  Baltimore Area has attained the 1997 8-                                    • Is not a ‘‘significant regulatory
                                                  hour ozone NAAQS. This determination                                    action’’ subject to review by the Office                                        B. Submission to Congress and the
                                                  is based upon complete, quality-                                        of Management and Budget under                                                  Comptroller General
                                                  assured, and certified ambient air                                      Executive Order 12866 (58 FR 51735,                                                The Congressional Review Act, 5
                                                  monitoring data that show the Baltimore                                 October 4, 1993);                                                               U.S.C. 801 et seq., as added by the Small
                                                  Area has monitored attainment of the                                       • does not impose an information                                             Business Regulatory Enforcement
                                                  1997 8-hour ozone NAAQS for the                                         collection burden under the provisions                                          Fairness Act of 1996, generally provides
                                                  2012–2014 monitoring period. This                                       of the Paperwork Reduction Act (44                                              that before a rule may take effect, the
                                                  determination suspends the requirement                                  U.S.C. 3501 et seq.);                                                           agency promulgating the rule must
                                                  for the Baltimore Area to submit an                                        • is certified as not having a                                               submit a rule report, which includes a
                                                  attainment demonstration, RACM, a                                       significant economic impact on a                                                copy of the rule, to each House of the
                                                  RFP plan, contingency measures, and                                     substantial number of small entities                                            Congress and to the Comptroller General
                                                  other planning requirements related to                                  under the Regulatory Flexibility Act (5                                         of the United States. EPA will submit a
                                                  attainment of the 1997 8-hour ozone                                     U.S.C. 601 et seq.);                                                            report containing this action and other
                                                  NAAQS for so long as the Baltimore                                         • does not contain any unfunded                                              required information to the U.S. Senate,
                                                  Area continues to attain the 1997 8-hour                                mandate or significantly or uniquely                                            the U.S. House of Representatives, and
                                                  ozone NAAQS. Although these                                             affect small governments, as described                                          the Comptroller General of the United
                                                  requirements are suspended, EPA is not                                  in the Unfunded Mandates Reform Act                                             States prior to publication of the rule in
                                                  precluded from acting upon these                                        of 1995 (Pub. L. 104–4);                                                        the Federal Register. A major rule
                                                  elements at any time if submitted to                                       • does not have Federalism                                                   cannot take effect until 60 days after it
                                                  EPA for review and approval. Finalizing                                 implications as specified in Executive                                          is published in the Federal Register.
                                                  this determination does not constitute a                                Order 13132 (64 FR 43255, August 10,                                            This action is not a ‘‘major rule’’ as
                                                  redesignation of the Baltimore Area to                                  1999);                                                                          defined by 5 U.S.C. 804(2).
                                                  attainment for the 1997 8-hour ozone                                       • is not an economically significant
                                                  NAAQS under CAA section 107(d)(3).                                      regulatory action based on health or                                            C. Petitions for Judicial Review
                                                  This determination of attainment also                                   safety risks subject to Executive Order                                            Under section 307(b)(1) of the CAA,
                                                  does not involve approving any                                          13045 (62 FR 19885, April 23, 1997);                                            petitions for judicial review of this
                                                  maintenance plan for the Baltimore                                         • is not a significant regulatory action                                     action must be filed in the United States
                                                  Area and does not determine that the                                    subject to Executive Order 13211 (66 FR                                         Court of Appeals for the appropriate
                                                  Baltimore Area has met all the                                          28355, May 22, 2001);                                                           circuit by July 27, 2015. Filing a petition
                                                  requirements for redesignation under                                       • is not subject to requirements of                                          for reconsideration by the Administrator
                                                  the CAA, including that the attainment                                  Section 12(d) of the National                                                   of this final rule does not affect the
                                                  be due to permanent and enforceable                                     Technology Transfer and Advancement                                             finality of this action for the purposes of
                                                  measures. Therefore, the designation
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                                                                                                                          Act of 1995 (15 U.S.C. 272 note) because                                        judicial review nor does it extend the
                                                  status of the Baltimore Area will remain                                application of those requirements would                                         time within which a petition for judicial
                                                  nonattainment for the 1997 8-hour                                       be inconsistent with the CAA; and                                               review may be filed, and shall not
                                                  ozone NAAQS until such time as EPA                                         • does not provide EPA with the                                              postpone the effectiveness of such rule
                                                  takes final rulemaking action to                                        discretionary authority to address, as                                          or action.
                                                  determine that the Baltimore Area meets                                 appropriate, disproportionate human                                                This action determining that the
                                                  the CAA requirements for redesignation                                  health or environmental effects, using                                          Baltimore Area has attained the 1997 8-
                                                  to attainment.                                                          practicable and legally permissible                                             hour ozone NAAQS may not be


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                                                  29972              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  challenged later in proceedings to                      SUMMARY:   The Environmental Protection               submitted by West Virginia on June 29,
                                                  enforce its requirements. (See section                  Agency (EPA) is finalizing approval of                2010, July 8, 2011, July 6, 2012, and July
                                                  307(b)(2).)                                             four State Implementation Plan (SIP)                  1, 2014.
                                                                                                          revisions submitted by the West                          While each of the SIP revisions was
                                                  List of Subjects in 40 CFR Part 52                                                                            submitted individually, the EPA is
                                                                                                          Virginia Department of Environmental
                                                    Environmental protection, Air                         Protection for the State of West Virginia             finalizing approval of these submittals
                                                  pollution control, Incorporation by                     on June 29, 2010, July 8, 2011, July 6,               as a whole. As described in the
                                                  reference, Intergovernmental relations,                 2012, and July 1, 2014 with the                       proposal, there are some instances
                                                  Nitrogen dioxide, Ozone, Reporting and                  exception of certain revisions related to             where specific language was added in a
                                                  recordkeeping requirements, Volatile                    ethanol production facilities on which                West Virginia regulation included in
                                                  organic compounds.                                      the EPA is taking no action at this time.             one of the earlier SIP submittals but the
                                                   Dated: May 13, 2015.                                   These revisions pertain to West                       language was subsequently removed
                                                                                                          Virginia’s nonattainment New Source                   from that same regulation included in a
                                                  William C. Early,
                                                                                                          Review (NSR) program, notably                         later SIP submittal such that the EPA
                                                  Acting Regional Administrator, Region III.
                                                                                                          provisions for preconstruction                        therefore only assessed the
                                                      40 CFR part 52 is amended as follows:               permitting requirements for major                     approvability of that portion of the
                                                                                                          sources of fine particulate matter (PM2.5)            regulation included in the later SIP
                                                  PART 52—APPROVAL AND                                    and NSR reform. This action is being                  submittal. It should be noted that the
                                                  PROMULGATION OF                                         taken under the Clean Air Act (CAA).                  most recent version of West Virginia’s
                                                  IMPLEMENTATION PLANS                                    DATES: This final rule is effective on                nonattainment NSR regulations is the
                                                                                                          June 25, 2015.                                        version included for SIP approval in the
                                                  ■ 1. The authority citation for part 52                                                                       2014 submittal, and this submittal
                                                  continues to read as follows:                           ADDRESSES: The EPA has established a
                                                                                                          docket for this action under Docket ID                reflects the sum of the changes made
                                                      Authority: 42 U.S.C. 7401 et seq.                   Number EPA–R03–OAR–2014–0792. All                     from the 2010, 2011, and 2012
                                                                                                          documents in the docket are listed in                 submittals as well.1
                                                  Subpart V—Maryland                                      the www.regulations.gov Web site.                        In this final action, the EPA is
                                                                                                          Although listed in the electronic docket,             revising 40 CFR part 52, subpart XX to
                                                  ■ 2. In § 52.1082, paragraph (h) is added               some information is not publicly                      reflect approval of revisions to West
                                                  to read as follows:                                     available, i.e., confidential business                Virginia’s nonattainment NSR program
                                                                                                          information (CBI) or other information                in Series 19 under Title 45 of West
                                                  § 52.1082    Determinations of attainment.                                                                    Virginia Code of State Rules (45CSR19),
                                                  *     *     *     *    *                                whose disclosure is restricted by statute.
                                                                                                          Certain other material, such as                       with the exception of certain provisions
                                                    (h) EPA has determined, as of May 26,                                                                       related to ethanol production facilities
                                                  2015, that based on 2012 to 2014                        copyrighted material, is not placed on
                                                                                                          the Internet and will be publicly                     on which the EPA proposed taking no
                                                  ambient air quality data, the Baltimore                                                                       action. A full description of the
                                                  nonattainment area has attained the                     available only in hard copy form.
                                                                                                          Publicly available docket materials are               revisions submitted by West Virginia is
                                                  1997 8-hour ozone NAAQS. This                                                                                 available in the proposed approval and
                                                  determination, in accordance with 40                    available either electronically through
                                                                                                          www.regulations.gov or in hard copy for               in the docket for this rulemaking action.
                                                  CFR 51.1118, suspends the requirement                                                                         No comments were received during the
                                                  for this area to submit an attainment                   public inspection during normal
                                                                                                          business hours at the Air Protection                  public comment period for the proposed
                                                  demonstration, associated reasonably                                                                          rule.
                                                  available control measures, a reasonable                Division, U.S. Environmental Protection
                                                  further progress plan, contingency                      Agency, Region III, 1650 Arch Street,                 II. Summary of SIP Revision
                                                  measures, and other planning SIPs                       Philadelphia, Pennsylvania 19103.                        The revisions submitted by WVDEP
                                                  related to attainment of the standard for               Copies of the State submittal are                     which the EPA is approving in this
                                                  as long as this area continues to meet                  available at the West Virginia                        action involve amendments to 45CSR19
                                                  the 1997 8-hour ozone NAAQS.                            Department of Environmental                           (Permits for Construction and Major
                                                                                                          Protection, Division of Air Quality, 601              Modification of Major Stationary
                                                  [FR Doc. 2015–12488 Filed 5–22–15; 8:45 am]
                                                                                                          57th Street SE., Charleston, West                     Sources Which Cause or Contribute to
                                                  BILLING CODE 6560–50–P                                  Virginia 25304.                                       Nonattainment Areas) as a result of
                                                                                                          FOR FURTHER INFORMATION CONTACT: Mr.                  Federal regulatory actions discussed in
                                                                                                          Mike Gordon, (215) 814–2039, or by                    the proposal for this final rule. A
                                                  ENVIRONMENTAL PROTECTION
                                                                                                          email at gordon.mike@epa.gov.                         summary of the changes made in the
                                                  AGENCY
                                                                                                          SUPPLEMENTARY INFORMATION:                            2010, 2011, 2012, and 2014 submittals
                                                  40 CFR Part 52                                          I. Background                                         are available in the docket under
                                                                                                                                                                ‘‘Summary of West Virginia NSR
                                                  [EPA–R03–OAR–2014–0792; FRL–9928–02–                       On February 5, 2015 (80 FR 6491), the              Changes.’’
                                                  Region 3]                                               EPA published a notice of proposed                       As discussed in the proposal to this
                                                                                                          rulemaking (NPR) for the State of West                final rule, West Virginia’s SIP revisions
                                                  Approval and Promulgation of Air                        Virginia. In the NPR, the EPA proposed
                                                  Quality Implementation Plans; West                                                                            include provisions that exclude
                                                                                                          approval of revisions to West Virginia’s              facilities that produce ethanol through a
                                                  Virginia; Permits for Construction and                  nonattainment NSR program, notably
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Major Modification of Major Stationary                                                                        natural fermentation process from the
                                                                                                          provisions for preconstruction
                                                  Sources Which Cause or Contribute to                    permitting requirements for major                       1 The EPA, however, is acting on all four SIP
                                                  Nonattainment Areas                                     sources of PM2.5 and for NSR reform,                  submittals in this notice because each submittal
                                                                                                          with the exception of certain revisions               contains necessary procedural information related
                                                  AGENCY:  Environmental Protection                                                                             to West Virginia’s revisions to its nonattainment
                                                  Agency (EPA).                                           related to ethanol production facilities              NSR regulations and development of its SIP
                                                                                                          on which the EPA proposed taking no                   submittals, which are required for SIP revisions by
                                                  ACTION: Final rule.
                                                                                                          action. The formal SIP revisions were                 40 CFR parts 51 and 52.



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Document Created: 2018-02-21 10:31:13
Document Modified: 2018-02-21 10:31:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on June 25, 2015.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation80 FR 29970 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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