80 FR 30939 - Approval and Promulgation of Implementation Plans; New York; Infrastructure SIP for the 2008 Lead NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 104 (June 1, 2015)
Federal Register Volume 80, Issue 104 (June 1, 2015)
| Page Range | 30939-30941 | |
| FR Document | 2015-13029 |
[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)] [Rules and Regulations] [Pages 30939-30941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13029] [[Page 30939]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R02-OAR-2014-0683, FRL-9928-39-Region 2] Approval and Promulgation of Implementation Plans; New York; Infrastructure SIP for the 2008 Lead NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving certain elements of New York's State Implementation Plan (SIP) revision submitted to demonstrate that the State meets the requirements of the Clean Air Act (CAA) for the 2008 National Ambient Air Quality Standard (NAAQS) for lead (Pb). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA and is commonly referred to as an infrastructure SIP. DATES: This rule is effective on July 1, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2014-0683. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 at the Environmental Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866. The Air Programs Branch dockets are available from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The Air Programs Branch telephone number is 212-637- 4249. FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at wieber.kirk@epa.gov. SUPPLEMENTARY INFORMATION: I. What is the background information? II. What comments did EPA receive in response to its proposal? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. What is the background information? On November 12, 2008, EPA promulgated a new, rolling 3 month average NAAQS for Pb, herein referred to as the 2008 Pb NAAQS. See 73 FR 66964.\1\ The 2008 Pb NAAQS is 0.15 micrograms per cubic meter of air ([mu]g/m\3\) maximum (not-to-be-exceeded). In the same action EPA revised the secondary Pb NAAQS to be identical in all respects to the revised primary standard, i.e., 0.15 [mu]g/m\3\. --------------------------------------------------------------------------- \1\ Final rule signed October 15, 2008. The 1978 lead standard (1.5 [mu]g/m\3\ as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 lead standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. --------------------------------------------------------------------------- Section 110(a)(1) provides the procedural and timing requirements for State Implementation Plans (SIPs). Section 110(a)(2) lists specific elements that states must meet for SIP requirements related to a newly established or revised NAAQS. Sections 110(a)(1) and (2) of the CAA require, in part, that states submit to EPA plans to implement, maintain and enforce each of the NAAQS promulgated by EPA. By statute, SIPs meeting the requirements of section 110(a)(1) and (2) are to be submitted by states within three years after promulgation of a new or revised standard. These SIPs are commonly called infrastructure SIPs. Based on the October 15, 2008 date of signature for the 2008 Pb NAAQS, infrastructure SIPs for the 2008 Pb NAAQS were due on October 15, 2011. EPA is acting on New York's SIP submittal dated October 13, 2011, as supplemented on February 24, 2012, which addresses the section 110 infrastructure requirements for the 2008 Pb NAAQS. Two elements identified in section 110(a)(2) are not governed by the three year submission deadline of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within three years after promulgation of a new or revised NAAQS, but rather due at the time that the nonattainment area plan requirements are due pursuant to CAA section 191. (See also CAA section 172 for general nonattainment plan requirements). These requirements are: (1) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part D Title I of the CAA, and (2) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA. As a result, this action does not address the nonattainment area plan requirements related to section 110(a)(2)(C) or 110(a)(2)(I). II. What comments did EPA receive in response to its proposal? On December 15, 2014 (79 FR 74046), EPA proposed to approve New York's SIP submittal addressing the section 110 infrastructure requirements for the 2008 Pb NAAQS. EPA received one adverse comment on the December 15, 2014 proposal. A synopsis of the adverse comment, as well as EPA's response is discussed below. Comment: EPA must disapprove element C with regard to Prevention of Significant Deterioration (PSD) unless New York has the PM2.5 increments approved into its PSD SIP. As you may know, EPA's position is the issue of PM2.5 increments is relevant even if this is a lead infrastructure SIP. Response: Element C requires that each infrastructure SIP contain a permitting program ``as required by part C.'' CAA title I part C is applicable to all pollutants subject to regulation under the CAA. See, e.g., CAA section 165(a)(4). After further review EPA agrees that Element C is not restricted to only those provisions of CAA title I part C that pertain to the particular new or revised NAAQS addressed by the particular infrastructure SIP action. Because the scope of CAA title I part C is comprehensive (covering all pollutants subject to regulation under the CAA, including GHG), the EPA likewise reads the unrestricted reference to CAA title I part C in Element C to mean that this provision has the same scope as CAA title I part C itself. Thus, a fully approved comprehensive PSD program addressing all regulated pollutants is needed in order to approve the infrastructure SIP for any one pollutant. NYSDEC has adopted and submitted to EPA for approval into its SIP, a PSD program that includes PM2.5 increments. However, the PM2.5 increments have not yet been approved by EPA. EPA will defer taking final action approving New York's infrastructure SIP submission with respect to the PSD program requirements in sections 110(a)(2)(C), (D)(i)(II) prong 3, and (J) until EPA has approved, or simultaneously approves New York's adopted PSD program. III. What action is EPA taking? EPA is approving New York's submittal as fully meeting the infrastructure requirements for the 2008 [[Page 30940]] primary Pb NAAQS for all section 110(a)(2) elements and sub-elements, as follows: (A), (B), (D)(i)(I) prongs 1 and 2, D(i)(II) prong 4, (E), (F), (G), (H), (K), (L), and (M). EPA is not finalizing action on 110(a)(2) elements and sub-elements, as follows: (C), (D)(i)(II) prong 3, and (J). EPA is not acting on New York's submittal as it relates to nonattainment provisions, the NSR program required by part D in section 110(a)(2)(C) and the measures for attainment required by section 110(a)(2)(I), as part of the infrastructure SIPs because the State's infrastructure SIP submittal does not include nonattainment requirements and EPA will act on them when, if necessary, they are submitted. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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). 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 31, 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 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Particulate matter, Reporting and recordkeeping requirements. Dated: May 8, 2015. Judith A. Enck, Regional Administrator, Region 2. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATON PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart HH--New York 0 2. In Sec. 52.1670(e), the table titled ``EPA-Approved New York Nonregulatory and Quasi-Regulatory Provisions'' is amended by adding the entry ``Section 110(a)(2) Infrastructure Requirements for the 2008 Primary Pb NAAQS'' at the end of table, to read as follows: Sec. 52.1670 Identification of plan. * * * * * (e) * * * EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS ---------------------------------------------------------------------------------------------------------------- Applicable geographic or New York Action/SIP element nonattainment submittal date EPA approval date Explanation area ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide........ 10/13/11, and 6/1/15,.......... This action addresses Infrastructure Requirements supplemented on [Insert FR the following CAA for the 2008 Primary Pb NAAQS. 2/24/12. citation]. elements: 110(a)(2)(A), (B), (D)(i)(I) prongs 1 and 2, D(i)(II) prong 4, (E), (F), (G), (H), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- [[Page 30941]] [FR Doc. 2015-13029 Filed 5-29-15; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION II. What comments did EPA receive in 110(a)(2)(I) which pertain to the
AGENCY response to its proposal? nonattainment planning requirements of
III. What action is EPA taking? part D, Title I of the CAA.
40 CFR Part 52 IV. Statutory and Executive Order Reviews As a result, this action does not
address the nonattainment area plan
[EPA–R02–OAR–2014–0683, FRL–9928–39– I. What is the background information? requirements related to section
Region 2] On November 12, 2008, EPA 110(a)(2)(C) or 110(a)(2)(I).
promulgated a new, rolling 3 month
Approval and Promulgation of II. What comments did EPA receive in
average NAAQS for Pb, herein referred
Implementation Plans; New York; response to its proposal?
to as the 2008 Pb NAAQS. See 73 FR
Infrastructure SIP for the 2008 Lead 66964.1 The 2008 Pb NAAQS is 0.15 On December 15, 2014 (79 FR 74046),
NAAQS micrograms per cubic meter of air (mg/ EPA proposed to approve New York’s
AGENCY: Environmental Protection m3) maximum (not-to-be-exceeded). In SIP submittal addressing the section 110
Agency (EPA). the same action EPA revised the infrastructure requirements for the 2008
secondary Pb NAAQS to be identical in Pb NAAQS. EPA received one adverse
ACTION: Final rule.
all respects to the revised primary comment on the December 15, 2014
SUMMARY: The Environmental Protection standard, i.e., 0.15 mg/m3. proposal. A synopsis of the adverse
Agency (EPA) is approving certain Section 110(a)(1) provides the comment, as well as EPA’s response is
elements of New York’s State procedural and timing requirements for discussed below.
Implementation Plan (SIP) revision State Implementation Plans (SIPs). Comment: EPA must disapprove
submitted to demonstrate that the State Section 110(a)(2) lists specific elements element C with regard to Prevention of
meets the requirements of the Clean Air that states must meet for SIP Significant Deterioration (PSD) unless
Act (CAA) for the 2008 National requirements related to a newly New York has the PM2.5 increments
Ambient Air Quality Standard (NAAQS) established or revised NAAQS. Sections approved into its PSD SIP. As you may
for lead (Pb). The CAA requires that 110(a)(1) and (2) of the CAA require, in know, EPA’s position is the issue of
each state adopt and submit a SIP for part, that states submit to EPA plans to PM2.5 increments is relevant even if this
the implementation, maintenance and implement, maintain and enforce each is a lead infrastructure SIP.
enforcement of each NAAQS of the NAAQS promulgated by EPA. By Response: Element C requires that
promulgated by the EPA and is statute, SIPs meeting the requirements each infrastructure SIP contain a
commonly referred to as an of section 110(a)(1) and (2) are to be permitting program ‘‘as required by part
infrastructure SIP. submitted by states within three years C.’’ CAA title I part C is applicable to
after promulgation of a new or revised all pollutants subject to regulation
DATES: This rule is effective on July 1,
standard. These SIPs are commonly under the CAA. See, e.g., CAA section
2015. 165(a)(4). After further review EPA
called infrastructure SIPs. Based on the
ADDRESSES: EPA has established a agrees that Element C is not restricted to
October 15, 2008 date of signature for
docket for this action under Docket ID the 2008 Pb NAAQS, infrastructure SIPs only those provisions of CAA title I part
No. EPA–R02–OAR–2014–0683. All for the 2008 Pb NAAQS were due on C that pertain to the particular new or
documents in the docket are listed on October 15, 2011. revised NAAQS addressed by the
the www.regulations.gov Web site. EPA is acting on New York’s SIP particular infrastructure SIP action.
Although listed in the index, some submittal dated October 13, 2011, as Because the scope of CAA title I part C
information is not publicly available, supplemented on February 24, 2012, is comprehensive (covering all
e.g., CBI or other information whose which addresses the section 110 pollutants subject to regulation under
disclosure is restricted by statute. infrastructure requirements for the 2008 the CAA, including GHG), the EPA
Certain other material, such as Pb NAAQS. Two elements identified in likewise reads the unrestricted reference
copyrighted material, is not placed on section 110(a)(2) are not governed by the to CAA title I part C in Element C to
the Internet and will be publicly three year submission deadline of mean that this provision has the same
available only in hard copy form. section 110(a)(1) because SIPs scope as CAA title I part C itself. Thus,
Publicly available docket materials are incorporating necessary local a fully approved comprehensive PSD
available either electronically through nonattainment area controls are not due program addressing all regulated
www.regulations.gov or in hard copy at within three years after promulgation of pollutants is needed in order to approve
the Environmental Protection Agency, a new or revised NAAQS, but rather due the infrastructure SIP for any one
Region 2 Office, Air Programs Branch, at the time that the nonattainment area pollutant.
290 Broadway, 25th Floor, New York, plan requirements are due pursuant to NYSDEC has adopted and submitted
New York 10007–1866. The Air CAA section 191. (See also CAA section to EPA for approval into its SIP, a PSD
Programs Branch dockets are available 172 for general nonattainment plan program that includes PM2.5 increments.
from 8:30 a.m. to 4:30 p.m., Monday requirements). These requirements are: However, the PM2.5 increments have not
through Friday, excluding legal (1) Submissions required by section yet been approved by EPA. EPA will
holidays. The Air Programs Branch 110(a)(2)(C) to the extent that subsection defer taking final action approving New
telephone number is 212–637–4249. refers to a permit program as required in York’s infrastructure SIP submission
FOR FURTHER INFORMATION CONTACT: Kirk part D Title I of the CAA, and (2) with respect to the PSD program
J. Wieber, Air Programs Branch, submissions required by section requirements in sections 110(a)(2)(C),
Environmental Protection Agency, (D)(i)(II) prong 3, and (J) until EPA has
approved, or simultaneously approves
Lhorne on DSK2VPTVN1PROD with RULES
Region 2, 290 Broadway, 25th Floor, 1 Final rule signed October 15, 2008. The 1978
New York, New York 10007–1866, (212) lead standard (1.5 mg/m3 as a quarterly average) New York’s adopted PSD program.
637–4249, or by email at remains in effect until one year after an area is
designated for the 2008 standard, except that in III. What action is EPA taking?
wieber.kirk@epa.gov. areas designated nonattainment for the 1978 lead
standard, the 1978 standard remains in effect until
EPA is approving New York’s
SUPPLEMENTARY INFORMATION: submittal as fully meeting the
implementation plans to attain or maintain the 2008
I. What is the background information? standard are approved. infrastructure requirements for the 2008
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![30940 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Rules and Regulations
primary Pb NAAQS for all section • does not have Federalism Under section 307(b)(1) of the CAA,
110(a)(2) elements and sub-elements, as implications as specified in Executive petitions for judicial review of this
follows: (A), (B), (D)(i)(I) prongs 1 and Order 13132 (64 FR 43255, August 10, action must be filed in the United States
2, D(i)(II) prong 4, (E), (F), (G), (H), (K), 1999); Court of Appeals for the appropriate
(L), and (M). EPA is not finalizing action • is not an economically significant circuit by July 31, 2015. Filing a petition
on 110(a)(2) elements and sub-elements, regulatory action based on health or for reconsideration by the Administrator
as follows: (C), (D)(i)(II) prong 3, and (J). safety risks subject to Executive Order of this final rule does not affect the
EPA is not acting on New York’s 13045 (62 FR 19885, April 23, 1997); finality of this action for the purposes of
submittal as it relates to nonattainment • is not a significant regulatory action judicial review nor does it extend the
provisions, the NSR program required subject to Executive Order 13211 (66 FR time within which a petition for judicial
by part D in section 110(a)(2)(C) and the 28355, May 22, 2001); review may be filed, and shall not
measures for attainment required by • is not subject to requirements of postpone the effectiveness of such rule
section 110(a)(2)(I), as part of the Section 12(d) of the National or action. This action may not be
infrastructure SIPs because the State’s Technology Transfer and Advancement challenged later in proceedings to
infrastructure SIP submittal does not Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section
include nonattainment requirements application of those requirements would 307(b)(2).)
and EPA will act on them when, if be inconsistent with the CAA; and
• does not provide EPA with the List of Subjects in 40 CFR Part 52
necessary, they are submitted.
discretionary authority to address, as
IV. Statutory and Executive Order appropriate, disproportionate human Environmental protection, Air
Reviews health or environmental effects, using pollution control, Incorporation by
practicable and legally permissible reference, Intergovernmental relations,
Under the CAA, the Administrator is Lead, Particulate matter, Reporting and
methods, under Executive Order 12898
required to approve a SIP submission recordkeeping requirements.
(59 FR 7629, February 16, 1994).
that complies with the provisions of the
The SIP is not approved to apply on Dated: May 8, 2015.
Act and applicable Federal regulations. any Indian reservation land or in any
42 U.S.C. 7410(k); 40 CFR 52.02(a). Judith A. Enck,
other area where EPA or an Indian tribe
Thus, in reviewing SIP submissions, has demonstrated that a tribe has
Regional Administrator, Region 2.
EPA’s role is to approve state choices, jurisdiction. In those areas of Indian
provided that they meet the criteria of Part 52, chapter I, title 40 of the Code
country, the rule does not have tribal of Federal Regulations is amended as
the CAA. Accordingly, this action implications and will not impose
merely approves state law as meeting follows:
substantial direct costs on tribal
Federal requirements and does not governments or preempt tribal law as PART 52—APPROVAL AND
impose additional requirements beyond specified by Executive Order 13175 (65 PROMULGATION OF
those imposed by state law. For that FR 67249, November 9, 2000). IMPLEMENTATON PLANS
reason, this action: The Congressional Review Act, 5
• Is not a ‘‘significant regulatory U.S.C. 801 et seq., as added by the Small
action’’ subject to review by the Office ■ 1. The authority citation for part 52
Business Regulatory Enforcement continues to read as follows:
of Management and Budget under Fairness Act of 1996, generally provides
Executive Order 12866 (58 FR 51735, that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
October 4, 1993); agency promulgating the rule must
• does not impose an information submit a rule report, which includes a Subpart HH—New York
collection burden under the provisions copy of the rule, to each House of the
of the Paperwork Reduction Act (44 Congress and to the Comptroller General ■ 2. In § 52.1670(e), the table titled
U.S.C. 3501 et seq.); of the United States. EPA will submit a ‘‘EPA-Approved New York
• is certified as not having a report containing this action and other Nonregulatory and Quasi-Regulatory
significant economic impact on a required information to the U.S. Senate, Provisions’’ is amended by adding the
substantial number of small entities the U.S. House of Representatives, and entry ‘‘Section 110(a)(2) Infrastructure
under the Regulatory Flexibility Act (5 the Comptroller General of the United Requirements for the 2008 Primary Pb
U.S.C. 601 et seq.); States prior to publication of the rule in NAAQS’’ at the end of table, to read as
• does not contain any unfunded the Federal Register. A major rule follows:
mandate or significantly or uniquely cannot take effect until 60 days after it § 52.1670 Identification of plan.
affect small governments, as described is published in the Federal Register.
in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as * * * * *
of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). (e) * * *
EPA-APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Applicable geographic New York submittal
Action/SIP element EPA approval date Explanation
or nonattainment area date
* * * * * * *
Section 110(a)(2) In- Statewide ................... 10/13/11, and supple- 6/1/15, ........................ This action addresses the following CAA ele-
Lhorne on DSK2VPTVN1PROD with RULES
frastructure Require- mented on 2/24/12. [Insert FR citation] ..... ments: 110(a)(2)(A), (B), (D)(i)(I) prongs 1
ments for the 2008 and 2, D(i)(II) prong 4, (E), (F), (G), (H),
Primary Pb NAAQS. (K), (L), and (M).
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[FR Doc. 2015–13029 Filed 5–29–15; 8:45 am] Division, U.S. Environmental Protection submit an attainment demonstration,
BILLING CODE 6560–50–P Agency, Region III, 1650 Arch Street, RACM, RFP, contingency measures and
Philadelphia, Pennsylvania 19103. other planning requirements related to
FOR FURTHER INFORMATION CONTACT: attainment of the 2008 8-hour ozone
ENVIRONMENTAL PROTECTION Irene Shandruk, (215) 814–2166, or by NAAQS for as long as the area continues
AGENCY email at shandruk.irene@epa.gov. to attain the standard. This suspension
SUPPLEMENTARY INFORMATION: remains in effect until such time, if ever,
40 CFR Part 52
that EPA (i) redesignates the area to
I. Background
[EPA–R03–OAR–2014–0884; FRL–9928–42– attainment at which time those
Region 3] On March 12, 2008, EPA revised both requirements no longer apply, or (ii)
the primary and secondary NAAQS for subsequently determines that the area
Approval and Promulgation of Air ozone to a level of 0.075 parts per has violated the 2008 8-hour ozone
Quality Implementation Plans; million (ppm) (annual fourth-highest NAAQS. Although these requirements
Maryland; Determination of Attainment daily maximum 8-hour average
are suspended, EPA remains obligated
of the 2008 8-Hour Ozone National concentration, averaged over three
Ambient Air Quality Standard for the under section 110(k)(2) to act upon
years) to provide increased protection of these elements at any time if submitted
Baltimore, Maryland Moderate public health and the environment. 73
Nonattainment Area to EPA for review and approval. On
FR 16436 (March 27, 2008).1 The 2008 April 22, 2015, the Maryland
AGENCY: Environmental Protection ozone NAAQS retains the same general
Department of the Environment (MDE)
Agency (EPA). form and averaging time as the 0.08
sent correspondence to EPA indicating
ACTION: Final rule.
ppm NAAQS set in 1997, but is set at
its intent to submit an attainment SIP
a more protective level. On May 21,
for the 2008 8-hour ozone NAAQS.3
SUMMARY: The Environmental Protection 2012 (77 FR 30088), effective July 20,
2012, EPA designated as nonattainment This determination of attainment is not
Agency (EPA) is making the
any area that was violating the 2008 8- equivalent to a redesignation under
determination that the Baltimore,
section 107(d)(3) of the CAA. The
Maryland Moderate Nonattainment Area hour ozone NAAQS based on the three
(Baltimore Area) has attained the 2008 most recent years (2008–2010) of air designation status of the Baltimore Area
8-hour ozone National Ambient Air monitoring data. The Baltimore Area will remain nonattainment for the 2008
Quality Standard (NAAQS). This (specifically, Anne Arundel County, 8-hour ozone NAAQS until such time as
determination is based upon complete, Baltimore City, Baltimore County, EPA determines that the Area meets the
quality-assured, and certified ambient Carroll County, Harford County, and Clean Air Act (CAA) requirements for
air quality monitoring data that shows Howard County) was designated as a redesignation to attainment, including
the Baltimore Area has monitored moderate ozone nonattainment area. See an approved maintenance plan.
attainment of the 2008 8-hour ozone 40 CFR 81.321. Moderate areas are Additionally, the determination of
NAAQS for the 2012–2014 monitoring required to attain the 2008 8-hour ozone attainment is separate from, and does
period. As a result of this determination, NAAQS by no later than six years after not influence or otherwise affect, any
the requirement for the Baltimore Area the effective date of designations, or July future designation determination or
to submit an attainment demonstration 20, 2018. See 40 CFR 51.903. Air quality requirements for the Baltimore Area
and associated reasonably available monitoring data from the 2012–2014 based on any new or revised ozone
control measures (RACM), reasonable monitoring period indicate that the NAAQS, and it remains in effect
further progress plans (RFP), Baltimore Area is now attaining the regardless of whether EPA designates
contingency measures, and other State 2008 8-hour ozone NAAQS. On March this Area as a nonattainment area for
Implementation Plan (SIP) revisions 18, 2015 (80 FR 14041), EPA published purposes of any new or revised ozone
related to attainment of the standard are a notice of proposed rulemaking (NPR), NAAQS. Finally, this determination
suspended for as long as the area which proposed to determine that the does not relieve other CAA
continues to attain the 2008 8-hour Baltimore Area has attained the 2008 8- requirements that are not related to
ozone standard. hour ozone NAAQS. Public comments attainment planning and achievement of
were received on the NPR. Summaries the NAAQS, such as an emissions
DATES: This final rule is effective on July
of the comments as well as EPA’s inventory as required by CAA section
1, 2015.
responses are in section III of this 172(c)(3) or a nonattainment area
ADDRESSES: EPA has established a
rulemaking notice. permitting program pursuant to CAA
docket for this action under Docket ID Under the provisions of 40 CFR
Number EPA–R03–OAR–2014–0884. All 51.1118,2 also known as EPA’s Clean sections 172(c)(5) and 173.
documents in the docket are listed in Data Policy, a determination by EPA II. EPA’s Evaluation
the www.regulations.gov Web site. that an area is attaining the relevant
Although listed in the electronic docket, standard (through a rulemaking that EPA has reviewed the complete,
some information is not publicly includes public notice and comment) quality-assured and certified ozone
available, i.e., confidential business suspends the area’s obligations to ambient air monitoring data for the
information (CBI) or other information monitoring period for 2012–2014 for the
whose disclosure is restricted by statute. 1 For a detailed explanation of the calculation of Baltimore Area. The design values for
Certain other material, such as the 3-year 8-hour average, see 40 CFR part 50, each monitor for the years 2012–2014
copyrighted material, is not placed on Appendix I.
2 EPA issued its proposal to determine that the
are less than or equal to 0.075 ppm
the Internet and will be publicly
Lhorne on DSK2VPTVN1PROD with RULES
Baltimore Area was attaining the 2008 ozone which is the 2008 ozone NAAQS level,
available only in hard copy form. NAAQS pursuant to 40 CFR 51.918, EPA’s Clean and all monitors meet the data
Publicly available docket materials are Data Policy under the 1997 8-hour ozone completeness requirements (see Table
available either electronically through implementation rule. On April 6, 2015, EPA’s plan
www.regulations.gov or in hard copy for implementing the 2008 ozone NAAQS became
effective, thereby replacing 40 CFR 51.918 with 40 3 The April 22, 2015 letter from MDE is available
public inspection during normal CFR 51.1118, a functionally identical provision for in the docket for this rulemaking under docket
business hours at the Air Protection purposes of this action. See 40 CFR 51.919. number EPA–R03–OAR–2014–0884.
VerDate Sep<11>2014 11:41 May 29, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\01JNR1.SGM 01JNR1](https://thefederalregister.org/doc/80_FR_31043/page/3.svg)
Document Created: 2015-12-15 15:18:37
Document Modified: 2015-12-15 15:18:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on July 1, 2015. | |
| Contact | Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, Region 2, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-4249, or by email at [email protected] | |
| FR Citation | 80 FR 30939 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Particulate Matter and Reporting and Recordkeeping Requirements |
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