81 FR 26188 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 84 (May 2, 2016)
Federal Register Volume 81, Issue 84 (May 2, 2016)
| Page Range | 26188-26196 | |
| FR Document | 2016-10222 |
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)] [Proposed Rules] [Pages 26188-26196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10222] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0788; FRL-9945-80-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonable Further Progress Plan, Contingency Measures, Motor Vehicle Emissions Budgets for the Baltimore 1997 8-Hour Ozone Serious Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve the serious nonattainment area reasonable further progress (RFP) plan for the Baltimore serious nonattainment area for the 1997 8- hour ozone national ambient air quality standard (NAAQS). The SIP revision includes 2011 and 2012 RFP milestones, contingency measures for failure to meet RFP, and updates to the 2002 base year inventory and the 2008 reasonable RFP plan previously approved by EPA. EPA is also proposing to approve the transportation conformity motor vehicle emissions budgets (MVEBs) associated with this revision. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before June 1, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2015-0788 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. The Baltimore Area In 1997, EPA revised the health-based NAAQS for ozone, setting it at 0.08 parts per million (ppm) averaged over an 8-hour time frame.\1\ EPA set the 8-hour ozone standard based on scientific evidence demonstrating that ozone causes adverse health effects at lower ozone concentrations and over longer periods of time than was understood when the pre-existing 1-hour ozone standard was set. EPA determined that the 8-hour standard would be more protective of human health, especially children and adults who are active outdoors, and individuals with a pre-existing respiratory disease, such as asthma. --------------------------------------------------------------------------- \1\ EPA revoked the 1997 8-hour ozone NAAQS, effective April 6, 2015. See 80 FR 12264 (March 06, 2015). EPA revised the ozone NAAQS in both 2008 and 2015. EPA lowered the level of the 8-hour NAAQS to 0.075 ppm and then 0.070 ppm. See 73 FR 16483 (March 27, 2008) and 80 FR 65291 (October 26, 2015). This SIP revision does not address the 2008 and 2015 ozone NAAQS. --------------------------------------------------------------------------- On April 30, 2004, EPA finalized its attainment/nonattainment designations for areas across the country with respect to the 1997 8- hour ozone standard. 69 FR 23858. These actions became effective on June 15, 2004. Among those [[Page 26189]] nonattainment areas was the Baltimore, Maryland moderate nonattainment area (the Baltimore Area). The Baltimore Area includes Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, and Howard Counties, which are all in Maryland. Pursuant to Phase 1 of the 8-hour ozone implementation rule for the 1997 8-hour ozone NAAQS, an area was classified under Subpart 2 of the CAA based on its 8-hour design value if that area had a 1-hour design value at or above 0.121 ppm (the lowest 1-hour design value in Table 1 of Subpart 2). See 69 FR 23951 (April 30, 2004). Based on this criterion, the Baltimore Area was classified under Subpart 2 as a moderate nonattainment area. Moderate areas were required to attain the 1997 8-hour ozone NAAQS within 6 years of designation, or by June 15, 2010. The Baltimore Area did not attain the 1997 8-hour ozone NAAQS by June 2010. However, the area was eligible for a one-year extension of its attainment date, from June 15, 2010 to June 15, 2011. EPA granted that attainment date extension on March 11, 2011. 76 FR 13289. The extension was based on the air quality data for the 4th highest daily 8-hour monitored value during the 2009 ozone season. The Baltimore Area also did not attain the 1997 8-hour ozone NAAQS by June 2011. The area did not qualify for a second one-year extension of its attainment date, based on air quality data monitored during the 2009 and 2010 ozone seasons. Therefore, on February 1, 2012, EPA made a determination that the Baltimore Area did not attain the 1997 8-hour ozone NAAQS by its attainment date. 77 FR 4901. As a result of this determination, the Baltimore Area was reclassified by operation of law as a serious 8-hour ozone nonattainment area for the 1997 8-hour ozone standard. See 40 CFR 81.321. Consequently, the State of Maryland was required to submit SIP revisions for the Baltimore Area to meet the CAA requirements for serious ozone nonattainment areas. EPA set the due date for the serious area SIP revision as no later than September 30, 2012. The serious area attainment date for the Baltimore Area was as expeditiously as practicable, but not later than June 15, 2013. MDE submitted its July 22, 2013 SIP revision request, the Baltimore 8-hour Serious Area Plan, pursuant to this requirement. On May 26, 2015, EPA determined that the Baltimore Area attained the 1997 8-hour ozone NAAQS, based on monitored ambient air quality data for the 2012-2014 monitoring period. 80 FR 29970. Under the provisions of EPA's ozone implementation rule (40 CFR 51.918), when EPA issues a determination that an area is attaining the relevant standard, that determination suspends the area's obligations to submit an attainment demonstration, reasonably available control measures (RACM), RFP plan, contingency measures and other planning requirements under part D of title I of the CAA related to attainment of the 1997 8-hour ozone NAAQS for as long as the area continues to attain the standard.\2\ Preliminary (i.e., not yet quality assured or certified) monitoring data for the 2013-2015 monitoring period indicates that the Baltimore Area continues to attain the 1997 8-hour ozone NAAQS.\3\ Although the requirement to submit these plan elements is suspended, EPA is not precluded from acting upon these elements at any time if a state still submits them to EPA for review and approval. Therefore, the requirement for Maryland to submit certain serious area SIP elements pursuant to sections 172 and 182 of the CAA has been suspended. However, Maryland had already submitted its July 22, 2013 serious area SIP revision, and MDE requested that EPA act on the RFP plan, RFP contingency measures, MVEBs and emission inventories contained in the SIP revision submittal. EPA is proposing to approve these elements as SIP strengthening measures pursuant to section 110 of the CAA. Considering the most recent ambient air quality monitoring data, the Baltimore Area continues to meet the 1997 8-hour ozone NAAQS. --------------------------------------------------------------------------- \2\ Pursuant to 40 CFR 51.918, ``[u]pon a determination by EPA that an area designated nonattainment for the 8-hour ozone NAAQS has attained the standard, the requirements for such area to submit attainment demonstrations and associated reasonably available control measures, reasonable further progress plans, contingency measures, and other planning SIPs related to attainment of the 8- hour ozone NAAQS shall be suspended until such time as: The area is redesignated to attainment, at which time the requirements no longer apply; or EPA determines that the area has violated the 8-hour ozone NAAQS.'' \3\ The Preliminary 2013-2015 Baltimore Monitoring Ozone Data Report can be found online at http://www.regulations.gov, Docket number EPA-R03-OAR-2015-0788. --------------------------------------------------------------------------- B. Serious Area Requirements Section 182 of the CAA and EPA's 1997 8-hour ozone regulations (40 CFR 51.910) require each moderate and above 8-hour ozone nonattainment area to submit an emissions inventory and RFP SIP revision that describes how the area will achieve actual emissions reductions of volatile organic compounds (VOC) and nitrogen oxides (NOX ) from a baseline emissions inventory. An emissions inventory is an estimation of actual emissions of air pollutants in an area. The emissions inventory for an ozone nonattainment area contains VOC and NOX emissions, which are precursors to ozone formation. In this case, a ``baseline'' emissions inventory is required for the year 2002. See EPA's Phase 2 Final Rule for Implementation of the 8-hour Ozone Standard (Phase 2 Rule), 70 FR 71612, 71615 (November 29, 2005). EPA's Phase 1 Final Rule for Implementation of the 8-hour Ozone Standard (Phase 1 Rule), published on April 30, 2004, set out criteria for classifying nonattainment areas under the 1997 8-hour ozone standard. 69 FR 23951. The Phase 1 Rule also addressed revocation of the 1-hour ozone NAAQS; how anti-backsliding principles will ensure continued progress toward attainment of the 8-hour ozone NAAQS; attainment dates; and the timing of emissions reductions needed for attainment. On November 29, 2005, EPA published the Phase 2 Rule. 70 FR 71612. The Phase 2 Rule addressed the RFP control and planning obligations as they apply to areas designated nonattainment for the 1997 8-hour ozone NAAQS. The Phase 2 Rule was revised on June 8, 2007. 72 FR 31727. Among other things, the Phase 1 and 2 Rules outline the SIP requirements and deadlines for various requirements in areas designated as nonattainment for the 1997 8-hour ozone NAAQS. The rules set a due date of June 15, 2007 for the required base year emission inventory, RFP plan, modeling and attainment demonstration, RACM, MVEBs, and contingency measures (40 CFR 51.908(a), (c)). C. The Moderate Area Plan On June 4, 2007, Maryland submitted a comprehensive SIP revision request to address moderate area ozone requirements for the Baltimore Area. That 2007 ``Moderate Area Plan'' SIP revision request included the 2002 base year emissions inventory, a 2008 RFP plan, including a 2008 ozone projected emission inventory, a RACM analysis, an attainment demonstration (including modeling and weight of evidence), a 2009 attainment year inventory, contingency measures for RFP and attainment, and 2008 and 2009 MVEBs for the Baltimore Area. On June 4, 2010, EPA approved the 2002 base year inventory, RFP plan up to 2008, RFP contingency measures, RACM demonstration, and 2008 MVEBs associated with the 2007 moderate area SIP revision submittal. 75 FR 31709. [[Page 26190]] D. The Serious Area Plan On July 22, 2013, the Maryland Department of the Environment (MDE) submitted the SIP revision, ``Baltimore Serious Nonattainment Area 0.08 ppm 8-Hour Ozone State Implementation Plan Demonstrating Rate of Progress for 2008, 2011 and 2012 Revision to 2002 Base Year Emissions; and Serious Area Attainment Demonstration, SIP Number: 13-07,'' (the Serious Area Plan). That SIP revision submittal included updates to the 2002 base year emissions inventory and 2008 RFP plan that EPA previously approved into the Maryland SIP, RFP for 2011 and 2012, an attainment demonstration, including modeling and weight of evidence, RFP and attainment contingency measures, a RACM determination, and 2012 MVEBs. After EPA determined Baltimore had attained the 1997 8-hour ozone standard, Maryland, by letter dated October 20, 2015, withdrew the attainment demonstration, including modeling and weight of evidence, contingency measures for attainment, and the RACM analysis from consideration as a SIP revision. Therefore, those elements are not addressed in this rulemaking action. II. Summary of SIP Revision and EPA Evaluation EPA's analysis and findings are discussed in this proposed rulemaking, and a more detailed discussion is contained in the Technical Support Documents (TSD) for this proposed rulemaking action, which is available online at http://www.regulations.gov, Docket number EPA-R03-OAR-2015-0788. A. Base Year Emissions Inventory 1. Requirement An emissions inventory is a comprehensive, accurate, and current inventory of actual emissions from all sources. The emissions inventory is required by section 172(c)(3) of the CAA. For ozone nonattainment areas, the emissions inventory needs to contain VOC and NOX emissions because these pollutants are precursors of ozone. EPA recommended 2002 as the base year emissions inventory, which is therefore the starting point for calculating RFP. Maryland submitted its 2002 base year emissions inventory for the Baltimore Area in its 2007 moderate area plan. EPA approved that inventory on June 4, 2010 (75 FR 31709). 2. State Submittal and EPA Evaluation In its Serious Area Plan for the Baltimore area, Maryland updated the 2002 base year inventory. The update was needed to reflect the change to EPA's approved model for onroad mobile sector emissions, from the Mobile Source Emission Factor Model (MOBILE) to the Motor Vehicle Emission Simulator (MOVES) model, as well as updates to EPA's NONROAD model. The updated 2002 base year inventory is discussed in Section 3 of Maryland's Serious Area Plan. A summary of the approved and updated Baltimore Area 2002 base year VOC and NOX emissions inventories are included in Table 1. EPA notes that the updates to the onroad and nonroad emissions result in a lower total base year emissions inventory for VOCs, and a higher total for NOX . Table 1--Comparison of SIP Approved Versus Updated Baltimore Area 2002 Base Year VOC and NOX Emissions [Ozone season tons per day (tpd)] ---------------------------------------------------------------------------------------------------------------- VOC NOX --------------------------------------------------- Emission source category SIP SIP approved Updated approved Updated ---------------------------------------------------------------------------------------------------------------- Point....................................................... 13.88 13.88 111.88 111.89 Stationary Area............................................. 116.81 116.81 8.18 8.18 Nonroad Mobile.............................................. 70.22 59.61 40.96 49.18 Onroad Mobile............................................... 70.57 72.48 177.06 202.22 --------------------------------------------------- Total (excluding Biogenic Emissions).................... 271.48 * 262.77 338.08 371.47 Biogenic Emissions.......................................... 223.20 223.20 0 0 ---------------------------------------------------------------------------------------------------------------- * Note: The 2002 updated data is pulled from Table 5-1 in the Serious Area Plan. With that table, MDE states, ``Small discrepancies may result due to rounding.'' EPA reviewed Maryland's updates to its 2002 base year inventory for the Baltimore Area using the appropriate EPA policy and guidance, and found MDE's procedures, methodologies, and results for the Baltimore Area 2002 base year inventory to be reasonable. A detailed evaluation of the emissions inventories contained in the Serious Area Plan is contained in a separate November 9, 2015 technical support document, entitled ``Technical Support Document (TSD) for the Baltimore Nonattainment Area 8-Hour Ozone State Implementation Plan: Demonstrating Rate of Progress for 2008, 2011, and 2012; Revision to 2002 Base Year Emissions; and Serious Area Attainment Demonstration,'' (the Baltimore Serious Area Emissions Inventory TSD), which is available online at http://www.regulations.gov, Docket number EPA-R03- OAR-2015-0788. EPA thus proposes to approve the revised 2002 emissions inventory. B. Adjusted Base Year Inventory, 2008 RFP Target Levels, and Determination of 2008 RFP 1. Requirement The Baltimore Area was originally classified as moderate for the 1997 8-hour ozone NAAQS. As such, the CAA requires a 15 percent (%) reduction in ozone precursor emissions over an initial 6-year period. In the Phase 2 Rule, EPA interpreted this requirement for areas that were also designated nonattainment and classified as moderate or higher for the 1-hour ozone standard. In the Phase 2 Rule, EPA provided that an area classified as moderate or higher that has the same boundaries as an area, or is entirely composed of several areas or portions of areas, for which EPA fully approved a 15% plan for the 1-hour ozone NAAQS, is considered to have met the requirements of section 182(b)(1) of the CAA for the 8-hour NAAQS for the 15% reduction in ozone precursor emissions. In this situation, a moderate nonattainment area is subject to RFP under section 172(c)(2) of the CAA and shall submit, no later than 3 years after designation for the 8-hour NAAQS, a SIP revision that meets the requirements [[Page 26191]] of 40 CFR 51.910(b)(2) for RFP. The RFP SIP revision must provide for a 15% emission reduction (either NOX and/or VOC) accounting for any growth that occurs during the 6-year period following the baseline emissions inventory year, that is, 2002-2008. The Baltimore Area was classified as severe under the 1-hour ozone standard, and had the same boundary as the Baltimore Area under the 1997 8-hour ozone standard. On July 12, 1995, Maryland submitted a 15% Plan SIP revision for the Baltimore Area. On February 2, 2000, EPA approved Maryland's 15% plan for the Baltimore severe 1-hour ozone nonattainment area. 65 FR 5252. Therefore, according to the Phase 2 Rule, the RFP plan for the Baltimore Area may use either NOX or VOC emissions reductions (or both) to achieve the 15% emission reduction requirement. 2. State Submittal and EPA Evaluation On June 4, 2010, EPA approved Maryland's moderate area RFP that provided for a 15% emissions reduction from 2002 to 2008, contained in the Moderate Area Plan. 75 FR 31709. Maryland, however, needed to update the 2008 target levels for its Serious Area Plan because they are the basis for the new 2011 and 2012 target level calculations for RFP. In the Serious Area Plan, MDE updated its 15% RFP plan to reflect EPA's change from MOBILE to MOVES for onroad emission modeling and updates to EPA's NONROAD model. a. Adjusted Base Year Inventory, 2008 RFP Target Levels Maryland set out its calculations for the adjusted base year inventory and 2008 RFP target levels in Section 5 of Maryland's Serious Area Plan. EPA previously approved 2008 RFP for the Baltimore Area. See 75 FR 31709 (June 4, 2010). EPA required MDE to update the 2008 target levels for RFP so that they could be used to calculate the 2011 and 2012 target levels in the Serious Area Plan. In the TSD prepared for this rulemaking action, EPA reviewed the revised 2008 target levels calculations in the Serious Area Plan, summarized in Table 2, and determined that they were done correctly and are approvable. Table 2--Baltimore Area 2008 RFP Target Level Calculations [Ozone season tpd] ------------------------------------------------------------------------ Description Formula VOC NOX ------------------------------------------------------------------------ A. 2002 Adjusted Base Year ........... 258.69 369.69 Inventory Relative To 2008...... B. RFP Ratio..................... ........... 0.0800 0.0700 C. Emissions Reductions Required A * B 20.70 25.88 Between 2002 & 2008............. D. Target Level for 2008......... A-C 238.00 343.81 ------------------------------------------------------------------------ b. Projected 2008 Inventories and Determination of RFP Maryland describes its methods used for developing its 2008 projected VOC and NOX inventories in Section 4 and Appendix A of the Serious Area Plan. Projected controlled 2008 emissions for the Baltimore Area are summarized in Tables 4-5 of the Serious Area Plan, and are presented in Table 3. EPA reviewed the procedures Maryland used to develop its projected inventories and found them to be reasonable. For more information on EPA's analysis in proposing to approve the projected inventories, please see the Baltimore Serious Area Emissions Inventory TSD. Table 3--Baltimore Area 2008 Projected Controlled VOC and NOX Emissions [Ozone season tpd] ------------------------------------------------------------------------ VOC NOX Source category emissions emissions ------------------------------------------------------------------------ Point......................................... 15.63 122.64 Area.......................................... 108.17 8.43 Non-road...................................... 44.04 42.85 Mobile........................................ 50.12 125.69 ------------------------- Total..................................... 217.96 299.62 ------------------------------------------------------------------------ To determine if 2008 RFP is met in the Baltimore Area, the total projected controlled emissions must be compared to the 2008 target levels of emissions. As shown in Table 4, the Serious Area Plan demonstrates that sufficient emission reductions occurred between 2002 and 2008 to meet the 2008 RFP target levels. Thus, EPA proposes to approve the Baltimore Area's revised 2008 RFP. Table 4--Comparison of the 2008 RFP Measure Target Levels Versus Projected Controlled Emissions in the Baltimore Area [Ozone season tpd] ------------------------------------------------------------------------ Description VOC emissions NOX emissions ------------------------------------------------------------------------ A. Total 2008 Projected 217.96............ 299.62. Controlled Emissions. B. Target Level for 2008........ 238.00............ 343.81. RFP is met if A < B............. Yes............... Yes. ------------------------------------------------------------------------ [[Page 26192]] C. 2011 and 2012 RFP Target Levels and Determination of RFP 1. Requirement Serious 8-hour ozone nonattainment areas are subject to RFP requirements in section 182(c)(2)(B) of the CAA that require an average of 3% per year of VOC and/or NOX emissions reductions for all remaining 3-year periods after the first 6-year period out to the area's attainment date (2008-2011, and 2011-2012). For a serious area, such as the Baltimore Area, with an approved 15% rate of progress (ROP) plan under the 1-hour standard, states can use reductions from VOC or NOX or a combination of either. 2011 and 2012 target levels are calculated in the same manner as the 2008 targets, except that the baseline is the previous target level, not the 2002 base year inventory. The 2008 target levels are thus used as the basis for calculating 2011 targets. Similarly, 2011 target levels are used to calculate the 2012 targets. 2. State Submittal and EPA Evaluation a. Adjusted Base Year Inventories, 2011 and 2012 RFP Target Levels 2011 and 2012 RFP calculations can be found in Sections 6 and 7 of the Serious Area Plan, respectively. In the TSD prepared for this rulemaking action, EPA reviewed the 2011 and 2012 target levels calculations in the Serious Area Plan, summarized in Table 5, and determined that they were done correctly and are approvable and therefore EPA proposes to approve them. Table 5--Baltimore Area 2011 & 2012 RFP Target Level Calculations [Ozone season tpd] ---------------------------------------------------------------------------------------------------------------- Description Formula VOC NOX ---------------------------------------------------------------------------------------------------------------- 2011 Target ---------------------------------------------------------------------------------------------------------------- A. 2008 Adjusted Base Year Inventory Relative To 2011........... .............. 237.71 343.81 B. RFP Ratio.................................................... .............. 0.0600 0.0300 C. Emissions Reductions Required Between 2008 & 2011............ A * B 14.28 10.31 D. Target Level for 2011........................................ A - C 223.72 333.49 ---------------------------------------------------------------------------------------------------------------- 2012 Target ---------------------------------------------------------------------------------------------------------------- A. 2011 Adjusted Base Year Inventory Relative To 2012........... .............. 223.73 333.32 B. RFP Ratio.................................................... .............. 0.0150 0.0150 C. Emissions Reductions Required Between 2011 & 2012............ A * B 3.36 5.00 D. Target Level for 2012........................................ A - C 220.38 328.49 ---------------------------------------------------------------------------------------------------------------- b. Projected 2011 and 2012 Inventories and Determination of RFP Maryland describes its methods used for developing its 2011 and 2012 projected VOC and NOX inventories in Section 4.0 and Appendix A of the Serious Area Plan. Projected 2011 and 2012 VOC and NOX emissions are found in Appendix A of the Baltimore Serious Area Plan. EPA reviewed the procedures Maryland used to develop its projected inventories and found them to be reasonable. For details on EPA's analysis, see the Baltimore Serious Area Emissions Inventory TSD. Projected controlled 2011 and 2012 emissions for the Baltimore Area are summarized in the Serious Area Plan, in Tables 4-6 and 4-7, respectively. That data is presented in Table 6. Table 6--Baltimore Area 2011 and 2012 Projected Controlled VOC & NOX Emissions [Ozone season tpd] ---------------------------------------------------------------------------------------------------------------- 2011 2012 --------------------------------------------------- Source category VOC NOX VOC NOX emissions emissions emission emissions ---------------------------------------------------------------------------------------------------------------- Point....................................................... 16.79 95.21 17.19 94.79 Area........................................................ 106.07 8.54 106.79 8.56 Non-road.................................................... 38.26 38.12 35.69 36.05 Mobile...................................................... 44.54 104.62 40.23 93.47 --------------------------------------------------- Total................................................... 205.65 246.48 199.90 232.88 ---------------------------------------------------------------------------------------------------------------- To determine if 2011 and 2012 RFP is met in the Baltimore Area, the total projected controlled emissions must be compared to the target levels calculated in the previous section of this rulemaking. As shown in Table 7, the Serious Area Plan demonstrates that sufficient emission reductions occurred between 2008 and 2011 and between 2011 and 2012 to meet the 2011 and 2012 RFP target levels. Therefore, the Serious Area Plan demonstrates 2011 and 2012 RFP in the Baltimore Area, and EPA proposes to approve the 2011 and 2012 RFP in the Serious Area Plan. [[Page 26193]] Table 7--Comparison of the 2011 and 2012 RFP Measure Target Levels Versus Projected Controlled Emissions in the Baltimore Area [Ozone season tpd] ------------------------------------------------------------------------ VOC NOX Description emissions emissions ------------------------------------------------------------------------ 2011 RFP ------------------------------------------------------------------------ A. Total 2011 Projected Controlled Emissions.. 205.65 246.48 B. Target Level for 2011...................... 223.72 333.49 RFP is met if A < B........................... Yes Yes ------------------------------------------------------------------------ 2012 RFP ------------------------------------------------------------------------ A. Total 2012 Projected Controlled Emissions.. 199.90 232.88 B. Target Level for 2012...................... 220.38 328.49 RFP is met if A < B........................... Yes Yes ------------------------------------------------------------------------ D. Control Measures and Emission Reductions for RFP 1. Requirement Emission reductions to meet RFP must be from permanent and enforceable emission control measures. 2. State Submittal and EPA Evaluation The control measures for which Maryland took credit in order to meet the RFP requirement in the Baltimore Area are described in Section 8 of the Serious Area Plan. To meet the RFP requirement for the Baltimore Area, Maryland used a combination of point, onroad mobile, nonroad mobile, and area source control measures as described in this section of this rulemaking action. a. Onroad Mobile Measures The onroad mobile measures Maryland used to meet RFP in the Baltimore Area include enhanced vehicle inspection and maintenance (enhanced I/M), Tier I vehicle emission standards and new federal evaporative test procedures (Tier I), reformulated gasoline, the national low emission vehicle (NLEV) program, and the federal heavy- duty diesel engine (HDDE) rule. Maryland calculated the emission reductions for 2008, 2011, and 2012 RFP using the MOVES model for these onroad mobile measures. EPA reviewed the procedures that MDE used to develop its projected inventories, including the use of the MOBILE model, and found them to be reasonable. For details on EPA's analysis, see the Baltimore Serious Area Emissions Inventory TSD. b. Area (Nonpoint) Source Measures The area source measures Maryland used to meet RFP in the Baltimore Area include four Ozone Transport Commission (OTC) rules, Commercial and Consumer Products (Phases 1 and 2), Architectural and Industrial Maintenance Coatings (AIM), Portable Fuel Containers (PFC) (Phases 1 and 2), and Industrial Adhesives and Sealants. In the TSD for this action, EPA evaluated each of these measures and calculated the emission reductions for each measure, and finds the emission reductions Maryland claimed for these measures to be reasonable. c. Non-Road Measures--NONROAD Model The non-road mobile measures Maryland used to meet RFP in the Baltimore Area include Non-Road Small Gasoline Engines, Non-Road Diesel Engines (Tier I and Tier II), Marine Engine Standards, Emissions Standards for Large Spark Ignition Engines, and Reformulated Gasoline Use in Non-Road Motor Vehicles and Equipment. Maryland used the EPA NONROAD model to calculate 2008, 2011, and 2012 RFP emission reductions for these measures. As discussed in the Baltimore Serious Area Emissions Inventory TSD, EPA reviewed the procedures that MDE used to develop its projected inventories, including the use of the NONROAD model, and found them to be reasonable. d. Point Source Measures Maryland took credit for one point source measure in its RFP plan, the Maryland Healthy Air Act (HAA). In the Baltimore Area, the sources covered by the HAA are Brandon Shores and H.A. Wagner in Anne Arundel County and C.P. Crane in Baltimore County. In the TSD for this action, EPA evaluated this measure and verified Maryland's calculated emission reductions from the affected sources covered by the HAA and found the emission reductions reasonable. Table 8 summarizes the emission reductions achieved by each measure, as calculated by Maryland in the Serious Area Plan. Table 8--Summary of RFP Emission Reductions [tpd] ---------------------------------------------------------------------------------------------------------------- 2008 2011 2012 Control measure ----------------------------------------------------------------------------- VOC NOX VOC NOX VOC NOX ---------------------------------------------------------------------------------------------------------------- Mobile Onroad ---------------------------------------------------------------------------------------------------------------- MOVES model....................... 52.86 158.43 62.23 181.35 66.59 192.33 ---------------------------------------------------------------------------------------------------------------- Area ---------------------------------------------------------------------------------------------------------------- OTC-Consumer Products Phase 1..... 3.70 0.00 3.77 0.00 3.79 0.00 OTC-Consumer Products Phase 2..... 0.00 0.00 0.46 0.00 0.46 0.00 [[Page 26194]] OTC-AIM........................... 6.03 0.00 6.19 0.00 6.19 0.00 OTC-PFC Phase 1................... 6.71 0.00 8.31 0.00 8.35 0.00 OTC-PFC Phase 2................... 0.00 0.00 0.60 0.00 0.60 0.00 OTC-Industrial Adhesives.......... 0.00 0.00 2.63 0.00 2.64 0.00 ----------------------------------------------------------------------------- Total Area reductions......... 16.44 0.00 21.96 0.00 22.03 0.00 ---------------------------------------------------------------------------------------------------------------- Nonroad ---------------------------------------------------------------------------------------------------------------- Nonroad Model..................... 17.85 8.12 26.33 14.55 29.83 17.30 Railroads (Tier 2)................ 0.00 1.18 0.00 1.58 0.00 1.67 ---------------------------------------------------------------------------------------------------------------- Point ---------------------------------------------------------------------------------------------------------------- Healthy Air Act (HAA)............. 0.00 0.00 0.00 31.86 0.00 37.18 ----------------------------------------------------------------------------- Total......................... 87.14 167.73 110.51 229.35 118.45 248.48 ---------------------------------------------------------------------------------------------------------------- Projected emissions for both VOC and NOX are well below the RFP target levels, as shown in Table 9. Therefore, EPA finds the Serious Area Plan demonstrated more than sufficient emission reductions to meet RFP for 2008, 2011, and 2012 and thus finds the RFP plan approvable. Table 9--Comparison of RFP Targets and Projected Controlled Emissions for the Baltimore Area [tpd] -------------------------------------------------------------------------------------------------------------------------------------------------------- 2008 2011 2012 Description ----------------------------------------------------------------------------------------------------------------------- VOC NOX VOC NOX VOC NOX -------------------------------------------------------------------------------------------------------------------------------------------------------- A. Projected Controlled 217.96............ 299.62............ 205.65............ 246.48............ 199.90............ 232.88. Emissions. B. Target Level................. 238.00............ 343.81............ 223.72............ 333.49............ 220.38............ 328.49. RFP is met if A < B............. Yes............... Yes............... Yes............... Yes............... Yes............... Yes. -------------------------------------------------------------------------------------------------------------------------------------------------------- EPA notes that Maryland was not required to demonstrate 2008 RFP, because EPA previously approved 2008 RFP for the Baltimore Area. See 75 FR 31709 (June 4, 2010). EPA required MDE only to update the 2008 target levels, so that they could be used to calculate the 2011 and 2012 target levels in the Serious Area Plan. E. Contingency Measures for Failure To Meet RFP 1. Requirement Section 182(c) of the CAA requires a state with a moderate or above ozone nonattainment area to include in its SIP, among other things, sufficient additional contingency measures in its RFP plan in case the area fails to meet any applicable milestone. See CAA section 182(c)(9). These contingency measures must be fully adopted control measures or rules, so that upon failure to meet a RFP milestone requirement, the state must be able to implement the contingency measures without any further rulemaking activities. If triggered, these contingency measures must achieve additional emission reductions of at least 3% of the adjusted baseline emissions. For more information on contingency measures, see the General Preamble to Title I of the CAA (57 FR 13512 (April 16, 1992)) and the Phase 2 Rule. To meet the requirements for contingency measure emission reductions, EPA allows states to use NOX emission reductions to substitute for VOC emission reductions in their contingency plans. Maryland discusses its contingency measures for failure to meet RFP in Section 12.3 of the Serious Area Plan. EPA's May 26, 2015 determination that the Baltimore Area attained the 1997 8-hour ozone NAAQS suspends certain planning requirements, including contingency measures, for the 1997 8-hour ozone NAAQS for as long as the area continues to meet that NAAQS. 80 FR 29970. Considering the most recent ambient air quality monitoring data, the Baltimore Area continues to meet the 1997 8-hour NAAQS. Therefore, no contingency measures are required to address requirements in sections 172 or 182 of the CAA. See 40 CFR 51.918. However, as discussed in this section of this rulemaking action, EPA is proposing to approve the RFP contingency measures along with the serious area RFP plan in the Serious Area Plan, as SIP strengthening measures pursuant to section 110 of the CAA, as requested by MDE. 2. State Submittal and EPA Evaluation Maryland's Serious Area Plan contains contingency measures for failure to meet the 2012 RFP milestone. The Serious Area Plan relies on the excess emission reductions from the same measures used to meet the RFP targets in order to meet the contingency measure target. This is acceptable under EPA's early implementation policy, set out in the August 13, 1993 memorandum from G.T. Helms, entitled, ``Early Implementation of Contingency Measures for Ozone and Carbon Monoxide (CO) Nonattainment Areas.'' Maryland chose to split the 3% contingency requirement equally between VOC and NOX . For details on the contingency target level [[Page 26195]] calculations, see Tables 10 and 11, and for EPA's detailed analysis and evaluation of the 2012 RFP contingency measure requirement, see EPA's TSD supporting this rulemaking action. Table 10--2012 RFP Contingency Measure Target Level Calculations ------------------------------------------------------------------------ Description Formula VOC NOX ------------------------------------------------------------------------ A. 2011 Target Level.......... .............. 223.73 333.49 B. FMVCP/RVP Reductions .............. 0.00 0.18 Between 2011 and 2012. C. 2011 Adjusted Base Year A - B......... 223.73 333.32 Inventory Relative to 2012. D. RFP Ratio.................. .............. 0.0150 0.0150 E. Emissions Reductions C * D......... 3.36 5.00 Required Between 2011 & 2012. F. RFP Target Level for 2012.. C - E......... 220.38 328.49 G. Contingency, 1.5% VOC & NOX 0.015 * C..... 3.36 5.00 H. 2012 Contingency Target F - G......... 217.02 323.49 Level. ------------------------------------------------------------------------ Table 11--Comparison of the 2012 RFP Contingency Measure Target Levels Versus Projected Controlled Emissions [tpd] ------------------------------------------------------------------------ Description VOC NOX ------------------------------------------------------------------------ A. Projected Controlled 199.90............ 232.88. Emissions. B. Contingency Target Level..... 217.02............ 323.49. Contingency Requirement is met Yes............... Yes. if A < B. ------------------------------------------------------------------------ As shown in Table 11, the Serious Area Plan achieved more than enough emission reductions to meet the contingency measure requirement for the 2012 milestone year for the Baltimore Area. Therefore, EPA proposes to approve Maryland's contingency measures from the Serious Area Plan as SIP strengthening measures. F. Transportation Conformity Budgets 1. Requirement Transportation conformity is required by section 176(c) of the CAA. EPA's conformity rule requires that transportation plans, programs and projects conform to state air quality implementation plans and establishes the criteria and procedure for determining whether or not they do. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. See 69 FR 40004 (July 1, 2004). States must establish VOC and NOX MVEBs for each of the milestone years up to the attainment year and submit the mobile budgets to EPA for approval. Upon adequacy determination or approval by EPA, states must conduct transportation conformity analysis for their Transportation Improvement Programs (TIPs) and long range transportation plans to ensure highway vehicle emissions will not exceed relevant MVEBs. For budgets to be approvable, they must meet, at a minimum, EPA's adequacy criteria set out at 40 CFR 93.118(e)(4). 2. State Submittal and EPA's Evaluation MDE discusses transportation conformity in Section 10 of the Baltimore Serious Area Plan. MDE, in consultation with the Baltimore Regional Transportation Board (BRTB), established MVEBs for 2012. MDE calculated the 2012 mobile emissions inventory using EPA's MOVES and the Highway Performance Monitoring System (HPMS) models. MDE describes its methods in Appendix E of the Baltimore Serious Area Plan. The MVEBs are the amount of emissions allowed in the SIP for onroad motor vehicles; it establishes an emissions ceiling for the regional transportation network. The 2012 MVEBs for the Baltimore Area are 93.5 tpd NOX and 40.2 tpd VOC. On November 23, 2015, as part of the adequacy process, EPA posted the availability of the 2012 MVEBs on EPA's Web site for the purpose of soliciting public comments.\4\ The comment period for the Baltimore Area's 2012 MVEBs closed on December 23, 2015, and EPA received no comments. In a February 22, 2016 Federal Register notice, EPA notified the public that EPA found the 2012 RFP MVEBs in the Baltimore Serious Area Plan adequate for transportation conformity purposes. 81 FR 8711.\5\ As a result of EPA's finding, the State of Maryland must use the 2012 MVEBs from the Serious Area Plan for future transportation conformity determinations. --------------------------------------------------------------------------- \4\ See https://www3.epa.gov/otaq/stateresources/transconf/adequacy.htm. \5\ EPA's February 22, 2016 notification included an inadvertent error mentioning that the comment period on the Baltimore Area 2012 MVEBs closed November 23, 2015 instead of December 23, 2015. In fact, the comment period on EPA's Web site for the public to comment on the adequacy of the Baltimore Area's 2012 MVEBs was open for 30 days from November 23, 2015 through December 23, 2015, and EPA's Web site correctly includes the appropriate December 23, 2015 closing date. See https://www3.epa.gov/otaq/stateresources/transconf/adequacy.htm, Because the comment period was open for 30 days and because the public therefore had adequate time to comment on the 2012 MVEBs, EPA's incorrect reference in the February 22, 2016 Federal Register publication after the comment period closed was harmless and inadvertent error. Thus, the inadvertent error does not alter EPA's finding that the 2012 RFP MVEBs are adequate. --------------------------------------------------------------------------- The MVEBs which EPA has determined to be adequate are identical to the projected controlled 2012 onroad mobile source emissions for the Baltimore Area in the Serious Area Plan. In addition to the budgets being adequate for transportation conformity purposes, EPA found the procedures Maryland used to develop the MVEBs to be reasonable. For more information on EPA's analysis, see EPA's TSD available in the docket for this rulemaking. Because the 2012 RFP MVEBs are adequate for transportation conformity purposes and the methods MDE used to develop them are correct, the 2012 RFP MVEBs are approvable. III. Proposed Action EPA has reviewed the RFP plan for the Baltimore Area, submitted in the Serious Area Plan, including updates to [[Page 26196]] the 2008 RFP target levels previously SIP approved by EPA, the 2011 and 2012 RFP targets levels, control measures used to meet RFP, and contingency measures for failure to meet the 2012 RFP target, and found them to be approvable. In addition, EPA determined that MDE used acceptable techniques and methodologies to update the 2002 base year and 2008 projected inventories, and to develop the 2011 and 2012 milestone year projected inventories and found them approvable. Furthermore, EPA has found the Baltimore Area's 2012 MVEBs adequate for transportation conformity purposes and approvable. Therefore, EPA is proposing to approve the updates to the 2002 base year inventory, updates to the 2008 RFP plan and associated 2008 projected emissions inventory, the 2011 and 2012 RFP plan and associated projected emission inventories, the contingency measures for failure to meet 2012 RFP, and the 2012 MVEBs for the Baltimore Area submitted in MDE's July 22, 2013 Serious Area Plan. The other parts of the Serious Area Plan were withdrawn by Maryland. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, pertaining to the Baltimore Area serious RFP plan, inventories, RFP contingency measures, and MVEBs, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: April 15, 2016. Shawn M. Garvin, Regional Administrator, Region III. [FR Doc. 2016-10222 Filed 4-29-16; 8:45 am] BILLING CODE 6560-50-P
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E. Executive Order 13132: Federalism J. Executive Order 12898: Federal follow the online instructions for
Actions To Address Environmental submitting comments. Once submitted,
This action does not have federalism Justice in Minority Populations and comments cannot be edited or removed
implications. It will not have substantial Low-Income Population from Regulations.gov. For either manner
direct effects on the states, on the of submission, EPA may publish any
The EPA lacks the discretionary
relationship between the national comment received to its public docket.
authority to address environmental
government and the states, or on the Do not submit electronically any
justice in this rulemaking.
distribution of power and information you consider to be
responsibilities among the various List of Subjects in 40 CFR Part 52 confidential business information (CBI)
levels of government. Environmental protection, Air or other information whose disclosure is
pollution control, Incorporation by restricted by statute. Multimedia
F. Executive Order 13175: Coordination submissions (audio, video, etc.) must be
reference, Intergovernmental relations,
With Indian Tribal Governments accompanied by a written comment.
Nitrogen dioxide, Particulate matter,
This action does not have tribal Reporting and recordkeeping The written comment is considered the
implications, as specified in Executive requirements, Sulfur oxides, Volatile official comment and should include
Order 13175, because the SIP is not organic compounds. discussion of all points you wish to
make. EPA will generally not consider
approved to apply on any Indian Dated: April 21, 2016.
comments or comment contents located
reservation land or in any other area Jared Blumenfeld,
outside of the primary submission (i.e.,
where the EPA or an Indian tribe has Regional Administrator, Region IX. on the web, cloud, or other file sharing
demonstrated that a tribe has [FR Doc. 2016–10219 Filed 4–29–16; 8:45 am] system). For additional submission
jurisdiction, and will not impose BILLING CODE 6560–50–P methods, please contact the person
substantial direct costs on tribal identified in the FOR FURTHER
governments or preempt tribal law. INFORMATION CONTACT section. For the
Thus, Executive Order 13175 does not ENVIRONMENTAL PROTECTION full EPA public comment policy,
apply to this action. AGENCY information about CBI or multimedia
G. Executive Order 13045: Protection of submissions, and general guidance on
40 CFR Part 52
Children From Environmental Health making effective comments, please visit
Risks and Safety Risks
[EPA–R03–OAR–2015–0788; FRL–9945–80– http://www2.epa.gov/dockets/
Region 3] commenting-epa-dockets.
The EPA interprets Executive Order FOR FURTHER INFORMATION CONTACT:
Approval and Promulgation of Air
13045 as applying only to those Maria A. Pino, (215) 814–2181, or by
Quality Implementation Plans;
regulatory actions that concern email at pino.maria@epa.gov.
Maryland; Reasonable Further
environmental health or safety risks that Progress Plan, Contingency Measures, SUPPLEMENTARY INFORMATION:
the EPA has reason to believe may Motor Vehicle Emissions Budgets for I. Background
disproportionately affect children, per the Baltimore 1997 8-Hour Ozone
the definition of ‘‘covered regulatory Serious Nonattainment Area A. The Baltimore Area
action’’ in section 2–202 of the In 1997, EPA revised the health-based
Executive Order. This action is not AGENCY: Environmental Protection
NAAQS for ozone, setting it at 0.08
subject to Executive Order 13045 Agency (EPA).
parts per million (ppm) averaged over
because it does not impose additional ACTION: Proposed rule.
an 8-hour time frame.1 EPA set the 8-
requirements beyond those imposed by SUMMARY: The Environmental Protection hour ozone standard based on scientific
state law. Agency (EPA) is proposing to approve evidence demonstrating that ozone
the serious nonattainment area causes adverse health effects at lower
H. Executive Order 13211: Actions That ozone concentrations and over longer
Significantly Affect Energy Supply, reasonable further progress (RFP) plan
for the Baltimore serious nonattainment periods of time than was understood
Distribution, or Use when the pre-existing 1-hour ozone
area for the 1997 8-hour ozone national
This action is not subject to Executive ambient air quality standard (NAAQS). standard was set. EPA determined that
Order 13211, because it is not a The SIP revision includes 2011 and the 8-hour standard would be more
significant regulatory action under 2012 RFP milestones, contingency protective of human health, especially
measures for failure to meet RFP, and children and adults who are active
Executive Order 12866.
updates to the 2002 base year inventory outdoors, and individuals with a pre-
I. National Technology Transfer and and the 2008 reasonable RFP plan existing respiratory disease, such as
Advancement Act (NTTAA) previously approved by EPA. EPA is asthma.
also proposing to approve the On April 30, 2004, EPA finalized its
Section 12(d) of the NTTAA directs transportation conformity motor vehicle attainment/nonattainment designations
the EPA to use voluntary consensus emissions budgets (MVEBs) associated for areas across the country with respect
standards in its regulatory activities with this revision. This action is being to the 1997 8-hour ozone standard. 69
unless to do so would be inconsistent taken under the Clean Air Act (CAA). FR 23858. These actions became
mstockstill on DSK3G9T082PROD with PROPOSALS
with applicable law or otherwise DATES: Written comments must be
effective on June 15, 2004. Among those
impractical. The EPA believes that this received on or before June 1, 2016.
action is not subject to the requirements 1 EPA revoked the 1997 8-hour ozone NAAQS,
ADDRESSES: Submit your comments, effective April 6, 2015. See 80 FR 12264 (March 06,
of section 12(d) of the NTTAA because identified by Docket ID No. EPA–R03– 2015). EPA revised the ozone NAAQS in both 2008
application of those requirements would OAR–2015–0788 at http:// and 2015. EPA lowered the level of the 8-hour
be inconsistent with the CAA. www.regulations.gov, or via email to NAAQS to 0.075 ppm and then 0.070 ppm. See 73
FR 16483 (March 27, 2008) and 80 FR 65291
fernandez.cristina@epa.gov. For (October 26, 2015). This SIP revision does not
comments submitted at Regulations.gov, address the 2008 and 2015 ozone NAAQS.
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nonattainment areas was the Baltimore, ozone implementation rule (40 CFR (NOX) from a baseline emissions
Maryland moderate nonattainment area 51.918), when EPA issues a inventory. An emissions inventory is an
(the Baltimore Area). The Baltimore determination that an area is attaining estimation of actual emissions of air
Area includes Baltimore City and Anne the relevant standard, that pollutants in an area. The emissions
Arundel, Baltimore, Carroll, Harford, determination suspends the area’s inventory for an ozone nonattainment
and Howard Counties, which are all in obligations to submit an attainment area contains VOC and NOX emissions,
Maryland. demonstration, reasonably available which are precursors to ozone
Pursuant to Phase 1 of the 8-hour control measures (RACM), RFP plan, formation. In this case, a ‘‘baseline’’
ozone implementation rule for the 1997 contingency measures and other emissions inventory is required for the
8-hour ozone NAAQS, an area was planning requirements under part D of year 2002. See EPA’s Phase 2 Final Rule
classified under Subpart 2 of the CAA title I of the CAA related to attainment for Implementation of the 8-hour Ozone
based on its 8-hour design value if that of the 1997 8-hour ozone NAAQS for as Standard (Phase 2 Rule), 70 FR 71612,
area had a 1-hour design value at or long as the area continues to attain the 71615 (November 29, 2005).
above 0.121 ppm (the lowest 1-hour standard.2 Preliminary (i.e., not yet EPA’s Phase 1 Final Rule for
design value in Table 1 of Subpart 2). quality assured or certified) monitoring Implementation of the 8-hour Ozone
See 69 FR 23951 (April 30, 2004). Based data for the 2013–2015 monitoring Standard (Phase 1 Rule), published on
on this criterion, the Baltimore Area was period indicates that the Baltimore Area April 30, 2004, set out criteria for
classified under Subpart 2 as a moderate continues to attain the 1997 8-hour classifying nonattainment areas under
nonattainment area. Moderate areas ozone NAAQS.3 Although the the 1997 8-hour ozone standard. 69 FR
were required to attain the 1997 8-hour requirement to submit these plan 23951. The Phase 1 Rule also addressed
ozone NAAQS within 6 years of elements is suspended, EPA is not revocation of the 1-hour ozone NAAQS;
designation, or by June 15, 2010. precluded from acting upon these how anti-backsliding principles will
The Baltimore Area did not attain the elements at any time if a state still ensure continued progress toward
1997 8-hour ozone NAAQS by June submits them to EPA for review and attainment of the 8-hour ozone NAAQS;
2010. However, the area was eligible for approval. Therefore, the requirement for attainment dates; and the timing of
a one-year extension of its attainment Maryland to submit certain serious area emissions reductions needed for
date, from June 15, 2010 to June 15, SIP elements pursuant to sections 172
2011. EPA granted that attainment date attainment. On November 29, 2005, EPA
and 182 of the CAA has been published the Phase 2 Rule. 70 FR
extension on March 11, 2011. 76 FR suspended. However, Maryland had
13289. The extension was based on the 71612. The Phase 2 Rule addressed the
already submitted its July 22, 2013 RFP control and planning obligations as
air quality data for the 4th highest daily serious area SIP revision, and MDE
8-hour monitored value during the 2009 they apply to areas designated
requested that EPA act on the RFP plan, nonattainment for the 1997 8-hour
ozone season. RFP contingency measures, MVEBs and
The Baltimore Area also did not attain ozone NAAQS. The Phase 2 Rule was
emission inventories contained in the revised on June 8, 2007. 72 FR 31727.
the 1997 8-hour ozone NAAQS by June SIP revision submittal. EPA is proposing
2011. The area did not qualify for a Among other things, the Phase 1 and 2
to approve these elements as SIP Rules outline the SIP requirements and
second one-year extension of its strengthening measures pursuant to
attainment date, based on air quality deadlines for various requirements in
section 110 of the CAA. Considering the areas designated as nonattainment for
data monitored during the 2009 and most recent ambient air quality
2010 ozone seasons. Therefore, on the 1997 8-hour ozone NAAQS. The
monitoring data, the Baltimore Area rules set a due date of June 15, 2007 for
February 1, 2012, EPA made a continues to meet the 1997 8-hour
determination that the Baltimore Area the required base year emission
ozone NAAQS. inventory, RFP plan, modeling and
did not attain the 1997 8-hour ozone
NAAQS by its attainment date. 77 FR B. Serious Area Requirements attainment demonstration, RACM,
4901. As a result of this determination, Section 182 of the CAA and EPA’s MVEBs, and contingency measures (40
the Baltimore Area was reclassified by 1997 8-hour ozone regulations (40 CFR CFR 51.908(a), (c)).
operation of law as a serious 8-hour 51.910) require each moderate and C. The Moderate Area Plan
ozone nonattainment area for the 1997 above 8-hour ozone nonattainment area
8-hour ozone standard. See 40 CFR to submit an emissions inventory and On June 4, 2007, Maryland submitted
81.321. Consequently, the State of RFP SIP revision that describes how the a comprehensive SIP revision request to
Maryland was required to submit SIP area will achieve actual emissions address moderate area ozone
revisions for the Baltimore Area to meet reductions of volatile organic requirements for the Baltimore Area.
the CAA requirements for serious ozone compounds (VOC) and nitrogen oxides That 2007 ‘‘Moderate Area Plan’’ SIP
nonattainment areas. EPA set the due revision request included the 2002 base
date for the serious area SIP revision as 2 Pursuant to 40 CFR 51.918, ‘‘[u]pon a year emissions inventory, a 2008 RFP
no later than September 30, 2012. The determination by EPA that an area designated plan, including a 2008 ozone projected
serious area attainment date for the nonattainment for the 8-hour ozone NAAQS has emission inventory, a RACM analysis,
attained the standard, the requirements for such an attainment demonstration (including
Baltimore Area was as expeditiously as area to submit attainment demonstrations and
practicable, but not later than June 15, associated reasonably available control measures, modeling and weight of evidence), a
2013. MDE submitted its July 22, 2013 reasonable further progress plans, contingency 2009 attainment year inventory,
SIP revision request, the Baltimore 8- measures, and other planning SIPs related to contingency measures for RFP and
mstockstill on DSK3G9T082PROD with PROPOSALS
attainment of the 8-hour ozone NAAQS shall be attainment, and 2008 and 2009 MVEBs
hour Serious Area Plan, pursuant to this suspended until such time as: The area is
requirement. redesignated to attainment, at which time the for the Baltimore Area. On June 4, 2010,
On May 26, 2015, EPA determined requirements no longer apply; or EPA determines EPA approved the 2002 base year
that the Baltimore Area attained the that the area has violated the 8-hour ozone inventory, RFP plan up to 2008, RFP
1997 8-hour ozone NAAQS, based on NAAQS.’’ contingency measures, RACM
3 The Preliminary 2013–2015 Baltimore
monitored ambient air quality data for Monitoring Ozone Data Report can be found online
demonstration, and 2008 MVEBs
the 2012–2014 monitoring period. 80 FR at http://www.regulations.gov, Docket number EPA– associated with the 2007 moderate area
29970. Under the provisions of EPA’s R03–OAR–2015–0788. SIP revision submittal. 75 FR 31709.
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D. The Serious Area Plan consideration as a SIP revision. which is therefore the starting point for
Therefore, those elements are not calculating RFP. Maryland submitted its
On July 22, 2013, the Maryland addressed in this rulemaking action. 2002 base year emissions inventory for
Department of the Environment (MDE) the Baltimore Area in its 2007 moderate
submitted the SIP revision, ‘‘Baltimore II. Summary of SIP Revision and EPA
Evaluation area plan. EPA approved that inventory
Serious Nonattainment Area 0.08 ppm on June 4, 2010 (75 FR 31709).
8-Hour Ozone State Implementation EPA’s analysis and findings are
Plan Demonstrating Rate of Progress for discussed in this proposed rulemaking, 2. State Submittal and EPA Evaluation
2008, 2011 and 2012 Revision to 2002 and a more detailed discussion is In its Serious Area Plan for the
Base Year Emissions; and Serious Area contained in the Technical Support Baltimore area, Maryland updated the
Attainment Demonstration, SIP Number: Documents (TSD) for this proposed 2002 base year inventory. The update
13–07,’’ (the Serious Area Plan). That rulemaking action, which is available was needed to reflect the change to
SIP revision submittal included updates online at http://www.regulations.gov, EPA’s approved model for onroad
to the 2002 base year emissions Docket number EPA–R03–OAR–2015– mobile sector emissions, from the
inventory and 2008 RFP plan that EPA 0788. Mobile Source Emission Factor Model
previously approved into the Maryland A. Base Year Emissions Inventory (MOBILE) to the Motor Vehicle
SIP, RFP for 2011 and 2012, an Emission Simulator (MOVES) model, as
attainment demonstration, including 1. Requirement well as updates to EPA’s NONROAD
modeling and weight of evidence, RFP An emissions inventory is a model. The updated 2002 base year
and attainment contingency measures, a comprehensive, accurate, and current inventory is discussed in Section 3 of
RACM determination, and 2012 MVEBs. inventory of actual emissions from all Maryland’s Serious Area Plan.
After EPA determined Baltimore had sources. The emissions inventory is A summary of the approved and
attained the 1997 8-hour ozone required by section 172(c)(3) of the updated Baltimore Area 2002 base year
standard, Maryland, by letter dated CAA. For ozone nonattainment areas, VOC and NOX emissions inventories are
October 20, 2015, withdrew the the emissions inventory needs to included in Table 1. EPA notes that the
attainment demonstration, including contain VOC and NOX emissions updates to the onroad and nonroad
modeling and weight of evidence, because these pollutants are precursors emissions result in a lower total base
contingency measures for attainment, of ozone. EPA recommended 2002 as year emissions inventory for VOCs, and
and the RACM analysis from the base year emissions inventory, a higher total for NOX.
TABLE 1—COMPARISON OF SIP APPROVED VERSUS UPDATED BALTIMORE AREA 2002 BASE YEAR VOC AND NOX
EMISSIONS
[Ozone season tons per day (tpd)]
VOC NOX
Emission source category SIP SIP
Updated Updated
approved approved
Point ................................................................................................................................. 13.88 13.88 111.88 111.89
Stationary Area ................................................................................................................ 116.81 116.81 8.18 8.18
Nonroad Mobile ............................................................................................................... 70.22 59.61 40.96 49.18
Onroad Mobile ................................................................................................................. 70.57 72.48 177.06 202.22
Total (excluding Biogenic Emissions) ...................................................................... 271.48 * 262.77 338.08 371.47
Biogenic Emissions .......................................................................................................... 223.20 223.20 0 0
* Note: The 2002 updated data is pulled from Table 5–1 in the Serious Area Plan. With that table, MDE states, ‘‘Small discrepancies may re-
sult due to rounding.’’
EPA reviewed Maryland’s updates to Area Emissions Inventory TSD), which designated nonattainment and classified
its 2002 base year inventory for the is available online at http:// as moderate or higher for the 1-hour
Baltimore Area using the appropriate www.regulations.gov, Docket number ozone standard. In the Phase 2 Rule,
EPA policy and guidance, and found EPA–R03–OAR–2015–0788. EPA thus EPA provided that an area classified as
MDE’s procedures, methodologies, and proposes to approve the revised 2002 moderate or higher that has the same
results for the Baltimore Area 2002 base emissions inventory. boundaries as an area, or is entirely
year inventory to be reasonable. A B. Adjusted Base Year Inventory, 2008 composed of several areas or portions of
detailed evaluation of the emissions RFP Target Levels, and Determination of areas, for which EPA fully approved a
inventories contained in the Serious 2008 RFP 15% plan for the 1-hour ozone NAAQS,
Area Plan is contained in a separate is considered to have met the
November 9, 2015 technical support 1. Requirement requirements of section 182(b)(1) of the
mstockstill on DSK3G9T082PROD with PROPOSALS
document, entitled ‘‘Technical Support The Baltimore Area was originally CAA for the 8-hour NAAQS for the 15%
Document (TSD) for the Baltimore classified as moderate for the 1997 reduction in ozone precursor emissions.
Nonattainment Area 8-Hour Ozone State 8-hour ozone NAAQS. As such, the In this situation, a moderate
Implementation Plan: Demonstrating CAA requires a 15 percent (%) nonattainment area is subject to RFP
Rate of Progress for 2008, 2011, and reduction in ozone precursor emissions under section 172(c)(2) of the CAA and
2012; Revision to 2002 Base Year over an initial 6-year period. In the shall submit, no later than 3 years after
Emissions; and Serious Area Attainment Phase 2 Rule, EPA interpreted this designation for the 8-hour NAAQS, a
Demonstration,’’ (the Baltimore Serious requirement for areas that were also SIP revision that meets the requirements
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of 40 CFR 51.910(b)(2) for RFP. The RFP VOC emissions reductions (or both) to a. Adjusted Base Year Inventory, 2008
SIP revision must provide for a 15% achieve the 15% emission reduction RFP Target Levels
emission reduction (either NOX and/or requirement.
VOC) accounting for any growth that Maryland set out its calculations for
2. State Submittal and EPA Evaluation the adjusted base year inventory and
occurs during the 6-year period
following the baseline emissions On June 4, 2010, EPA approved 2008 RFP target levels in Section 5 of
inventory year, that is, 2002–2008. Maryland’s moderate area RFP that Maryland’s Serious Area Plan. EPA
The Baltimore Area was classified as provided for a 15% emissions reduction previously approved 2008 RFP for the
severe under the 1-hour ozone standard, from 2002 to 2008, contained in the Baltimore Area. See 75 FR 31709 (June
and had the same boundary as the Moderate Area Plan. 75 FR 31709. 4, 2010). EPA required MDE to update
Baltimore Area under the 1997 8-hour Maryland, however, needed to update the 2008 target levels for RFP so that
ozone standard. On July 12, 1995, the 2008 target levels for its Serious they could be used to calculate the 2011
Maryland submitted a 15% Plan SIP Area Plan because they are the basis for and 2012 target levels in the Serious
revision for the Baltimore Area. On the new 2011 and 2012 target level Area Plan. In the TSD prepared for this
February 2, 2000, EPA approved calculations for RFP. In the Serious Area rulemaking action, EPA reviewed the
Maryland’s 15% plan for the Baltimore Plan, MDE updated its 15% RFP plan to
revised 2008 target levels calculations in
severe 1-hour ozone nonattainment area. reflect EPA’s change from MOBILE to
the Serious Area Plan, summarized in
65 FR 5252. Therefore, according to the MOVES for onroad emission modeling
Phase 2 Rule, the RFP plan for the and updates to EPA’s NONROAD Table 2, and determined that they were
Baltimore Area may use either NOX or model. done correctly and are approvable.
TABLE 2—BALTIMORE AREA 2008 RFP TARGET LEVEL CALCULATIONS
[Ozone season tpd]
Description Formula VOC NOX
A. 2002 Adjusted Base Year Inventory Relative To 2008 ...................................................................... .................... 258.69 369.69
B. RFP Ratio ............................................................................................................................................ .................... 0.0800 0.0700
C. Emissions Reductions Required Between 2002 & 2008 .................................................................... A*B 20.70 25.88
D. Target Level for 2008 ......................................................................................................................... A¥C 238.00 343.81
b. Projected 2008 Inventories and Appendix A of the Serious Area Plan. develop its projected inventories and
Determination of RFP Projected controlled 2008 emissions for found them to be reasonable. For more
the Baltimore Area are summarized in information on EPA’s analysis in
Maryland describes its methods used Tables 4–5 of the Serious Area Plan, and proposing to approve the projected
for developing its 2008 projected VOC are presented in Table 3. EPA reviewed inventories, please see the Baltimore
and NOX inventories in Section 4 and the procedures Maryland used to Serious Area Emissions Inventory TSD.
TABLE 3—BALTIMORE AREA 2008 PROJECTED CONTROLLED VOC AND NOX EMISSIONS
[Ozone season tpd]
VOC NOX
Source category emissions emissions
Point ................................................................................................................................................................................. 15.63 122.64
Area ................................................................................................................................................................................. 108.17 8.43
Non-road .......................................................................................................................................................................... 44.04 42.85
Mobile .............................................................................................................................................................................. 50.12 125.69
Total .......................................................................................................................................................................... 217.96 299.62
To determine if 2008 RFP is met in shown in Table 4, the Serious Area Plan Thus, EPA proposes to approve the
the Baltimore Area, the total projected demonstrates that sufficient emission Baltimore Area’s revised 2008 RFP.
controlled emissions must be compared reductions occurred between 2002 and
to the 2008 target levels of emissions. As 2008 to meet the 2008 RFP target levels.
TABLE 4—COMPARISON OF THE 2008 RFP MEASURE TARGET LEVELS VERSUS PROJECTED CONTROLLED EMISSIONS IN
THE BALTIMORE AREA
[Ozone season tpd]
mstockstill on DSK3G9T082PROD with PROPOSALS
VOC NOX
Description emissions emissions
A. Total 2008 Projected Controlled Emissions ............................................................................................................... 217.96 ........ 299.62.
B. Target Level for 2008 ................................................................................................................................................. 238.00 ........ 343.81.
RFP is met if A < B ......................................................................................................................................................... Yes ............. Yes.
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C. 2011 and 2012 RFP Target Levels and hour standard, states can use reductions 2. State Submittal and EPA Evaluation
Determination of RFP from VOC or NOX or a combination of a. Adjusted Base Year Inventories, 2011
1. Requirement either. and 2012 RFP Target Levels
Serious 8-hour ozone nonattainment 2011 and 2012 target levels are 2011 and 2012 RFP calculations can
areas are subject to RFP requirements in calculated in the same manner as the be found in Sections 6 and 7 of the
section 182(c)(2)(B) of the CAA that 2008 targets, except that the baseline is Serious Area Plan, respectively. In the
require an average of 3% per year of the previous target level, not the 2002 TSD prepared for this rulemaking
VOC and/or NOX emissions reductions base year inventory. The 2008 target action, EPA reviewed the 2011 and 2012
for all remaining 3-year periods after the levels are thus used as the basis for target levels calculations in the Serious
first 6-year period out to the area’s calculating 2011 targets. Similarly, 2011 Area Plan, summarized in Table 5, and
attainment date (2008–2011, and 2011– target levels are used to calculate the determined that they were done
2012). For a serious area, such as the 2012 targets. correctly and are approvable and
Baltimore Area, with an approved 15% therefore EPA proposes to approve
rate of progress (ROP) plan under the 1- them.
TABLE 5—BALTIMORE AREA 2011 & 2012 RFP TARGET LEVEL CALCULATIONS
[Ozone season tpd]
Description Formula VOC NOX
2011 Target
A. 2008 Adjusted Base Year Inventory Relative To 2011 .......................................................... ........................ 237.71 343.81
B. RFP Ratio ................................................................................................................................ ........................ 0.0600 0.0300
C. Emissions Reductions Required Between 2008 & 2011 ........................................................ A*B 14.28 10.31
D. Target Level for 2011 ............................................................................................................. A–C 223.72 333.49
2012 Target
A. 2011 Adjusted Base Year Inventory Relative To 2012 .......................................................... ........................ 223.73 333.32
B. RFP Ratio ................................................................................................................................ ........................ 0.0150 0.0150
C. Emissions Reductions Required Between 2011 & 2012 ........................................................ A*B 3.36 5.00
D. Target Level for 2012 ............................................................................................................. A–C 220.38 328.49
b. Projected 2011 and 2012 Inventories Serious Area Plan. Projected 2011 and analysis, see the Baltimore Serious Area
and Determination of RFP 2012 VOC and NOX emissions are found Emissions Inventory TSD.
in Appendix A of the Baltimore Serious Projected controlled 2011 and 2012
Maryland describes its methods used Area Plan. EPA reviewed the procedures emissions for the Baltimore Area are
for developing its 2011 and 2012 Maryland used to develop its projected summarized in the Serious Area Plan, in
projected VOC and NOX inventories in inventories and found them to be Tables 4–6 and 4–7, respectively. That
Section 4.0 and Appendix A of the reasonable. For details on EPA’s data is presented in Table 6.
TABLE 6—BALTIMORE AREA 2011 AND 2012 PROJECTED CONTROLLED VOC & NOX EMISSIONS
[Ozone season tpd]
2011 2012
Source category VOC NOX VOC NOX
emissions emissions emission emissions
Point ................................................................................................................................. 16.79 95.21 17.19 94.79
Area ................................................................................................................................. 106.07 8.54 106.79 8.56
Non-road .......................................................................................................................... 38.26 38.12 35.69 36.05
Mobile .............................................................................................................................. 44.54 104.62 40.23 93.47
Total .......................................................................................................................... 205.65 246.48 199.90 232.88
To determine if 2011 and 2012 RFP is rulemaking. As shown in Table 7, the 2012 RFP target levels. Therefore, the
met in the Baltimore Area, the total Serious Area Plan demonstrates that Serious Area Plan demonstrates 2011
projected controlled emissions must be sufficient emission reductions occurred and 2012 RFP in the Baltimore Area,
mstockstill on DSK3G9T082PROD with PROPOSALS
compared to the target levels calculated between 2008 and 2011 and between and EPA proposes to approve the 2011
in the previous section of this 2011 and 2012 to meet the 2011 and and 2012 RFP in the Serious Area Plan.
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TABLE 7—COMPARISON OF THE 2011 AND 2012 RFP MEASURE TARGET LEVELS VERSUS PROJECTED CONTROLLED
EMISSIONS IN THE BALTIMORE AREA
[Ozone season tpd]
VOC NOX
Description emissions emissions
2011 RFP
A. Total 2011 Projected Controlled Emissions ................................................................................................................ 205.65 246.48
B. Target Level for 2011 .................................................................................................................................................. 223.72 333.49
RFP is met if A < B ......................................................................................................................................................... Yes Yes
2012 RFP
.
A. Total 2012 Projected Controlled Emissions ................................................................................................................ 199.90 232.88
B. Target Level for 2012 .................................................................................................................................................. 220.38 328.49
RFP is met if A < B ......................................................................................................................................................... Yes Yes
D. Control Measures and Emission using the MOVES model for these Engine Standards, Emissions Standards
Reductions for RFP onroad mobile measures. EPA reviewed for Large Spark Ignition Engines, and
the procedures that MDE used to Reformulated Gasoline Use in Non-Road
1. Requirement
develop its projected inventories, Motor Vehicles and Equipment.
Emission reductions to meet RFP including the use of the MOBILE model, Maryland used the EPA NONROAD
must be from permanent and and found them to be reasonable. For model to calculate 2008, 2011, and 2012
enforceable emission control measures. details on EPA’s analysis, see the RFP emission reductions for these
2. State Submittal and EPA Evaluation Baltimore Serious Area Emissions measures. As discussed in the Baltimore
Inventory TSD. Serious Area Emissions Inventory TSD,
The control measures for which EPA reviewed the procedures that MDE
Maryland took credit in order to meet b. Area (Nonpoint) Source Measures
used to develop its projected
the RFP requirement in the Baltimore The area source measures Maryland inventories, including the use of the
Area are described in Section 8 of the used to meet RFP in the Baltimore Area NONROAD model, and found them to
Serious Area Plan. To meet the RFP include four Ozone Transport be reasonable.
requirement for the Baltimore Area, Commission (OTC) rules, Commercial
Maryland used a combination of point, and Consumer Products (Phases 1 and d. Point Source Measures
onroad mobile, nonroad mobile, and 2), Architectural and Industrial
Maryland took credit for one point
area source control measures as Maintenance Coatings (AIM), Portable
source measure in its RFP plan, the
described in this section of this Fuel Containers (PFC) (Phases 1 and 2),
Maryland Healthy Air Act (HAA). In the
rulemaking action. and Industrial Adhesives and Sealants.
Baltimore Area, the sources covered by
In the TSD for this action, EPA
a. Onroad Mobile Measures the HAA are Brandon Shores and H.A.
evaluated each of these measures and
The onroad mobile measures Wagner in Anne Arundel County and
calculated the emission reductions for
Maryland used to meet RFP in the C.P. Crane in Baltimore County. In the
each measure, and finds the emission
Baltimore Area include enhanced TSD for this action, EPA evaluated this
reductions Maryland claimed for these
vehicle inspection and maintenance measure and verified Maryland’s
measures to be reasonable.
(enhanced I/M), Tier I vehicle emission calculated emission reductions from the
standards and new federal evaporative c. Non-Road Measures—NONROAD affected sources covered by the HAA
test procedures (Tier I), reformulated Model and found the emission reductions
gasoline, the national low emission The non-road mobile measures reasonable.
vehicle (NLEV) program, and the federal Maryland used to meet RFP in the Table 8 summarizes the emission
heavy-duty diesel engine (HDDE) rule. Baltimore Area include Non-Road Small reductions achieved by each measure, as
Maryland calculated the emission Gasoline Engines, Non-Road Diesel calculated by Maryland in the Serious
reductions for 2008, 2011, and 2012 RFP Engines (Tier I and Tier II), Marine Area Plan.
TABLE 8—SUMMARY OF RFP EMISSION REDUCTIONS
[tpd]
2008 2011 2012
Control measure
VOC NOX VOC NOX VOC NOX
mstockstill on DSK3G9T082PROD with PROPOSALS
Mobile Onroad
MOVES model ................................................................. 52.86 158.43 62.23 181.35 66.59 192.33
Area
OTC–Consumer Products Phase 1 ................................. 3.70 0.00 3.77 0.00 3.79 0.00
OTC–Consumer Products Phase 2 ................................. 0.00 0.00 0.46 0.00 0.46 0.00
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TABLE 8—SUMMARY OF RFP EMISSION REDUCTIONS—Continued
[tpd]
2008 2011 2012
Control measure
VOC NOX VOC NOX VOC NOX
OTC–AIM ......................................................................... 6.03 0.00 6.19 0.00 6.19 0.00
OTC–PFC Phase 1 .......................................................... 6.71 0.00 8.31 0.00 8.35 0.00
OTC–PFC Phase 2 .......................................................... 0.00 0.00 0.60 0.00 0.60 0.00
OTC–Industrial Adhesives ............................................... 0.00 0.00 2.63 0.00 2.64 0.00
Total Area reductions ............................................... 16.44 0.00 21.96 0.00 22.03 0.00
Nonroad
Nonroad Model ................................................................ 17.85 8.12 26.33 14.55 29.83 17.30
Railroads (Tier 2) ............................................................. 0.00 1.18 0.00 1.58 0.00 1.67
Point
Healthy Air Act (HAA) ...................................................... 0.00 0.00 0.00 31.86 0.00 37.18
Total .......................................................................... 87.14 167.73 110.51 229.35 118.45 248.48
Projected emissions for both VOC and EPA finds the Serious Area Plan 2008, 2011, and 2012 and thus finds the
NOX are well below the RFP target demonstrated more than sufficient RFP plan approvable.
levels, as shown in Table 9. Therefore, emission reductions to meet RFP for
TABLE 9—COMPARISON OF RFP TARGETS AND PROJECTED CONTROLLED EMISSIONS FOR THE BALTIMORE AREA
[tpd]
2008 2011 2012
Description
VOC NOX VOC NOX VOC NOX
A. Projected Controlled Emissions ................................. 217.96 ........ 299.62 ........ 205.65 ........ 246.48 ........ 199.90 ........ 232.88.
B. Target Level ............................................................... 238.00 ........ 343.81 ........ 223.72 ........ 333.49 ........ 220.38 ........ 328.49.
RFP is met if A < B ........................................................ Yes ............. Yes ............. Yes ............. Yes ............. Yes ............. Yes.
EPA notes that Maryland was not must achieve additional emission the CAA. See 40 CFR 51.918. However,
required to demonstrate 2008 RFP, reductions of at least 3% of the adjusted as discussed in this section of this
because EPA previously approved 2008 baseline emissions. For more rulemaking action, EPA is proposing to
RFP for the Baltimore Area. See 75 FR information on contingency measures, approve the RFP contingency measures
31709 (June 4, 2010). EPA required MDE see the General Preamble to Title I of the along with the serious area RFP plan in
only to update the 2008 target levels, so CAA (57 FR 13512 (April 16, 1992)) and the Serious Area Plan, as SIP
that they could be used to calculate the the Phase 2 Rule. To meet the strengthening measures pursuant to
2011 and 2012 target levels in the requirements for contingency measure section 110 of the CAA, as requested by
Serious Area Plan. emission reductions, EPA allows states MDE.
to use NOX emission reductions to
E. Contingency Measures for Failure To 2. State Submittal and EPA Evaluation
substitute for VOC emission reductions
Meet RFP in their contingency plans. Maryland Maryland’s Serious Area Plan
1. Requirement discusses its contingency measures for contains contingency measures for
failure to meet RFP in Section 12.3 of failure to meet the 2012 RFP milestone.
Section 182(c) of the CAA requires a the Serious Area Plan. The Serious Area Plan relies on the
state with a moderate or above ozone EPA’s May 26, 2015 determination excess emission reductions from the
nonattainment area to include in its SIP, that the Baltimore Area attained the same measures used to meet the RFP
among other things, sufficient 1997 8-hour ozone NAAQS suspends targets in order to meet the contingency
additional contingency measures in its certain planning requirements, measure target. This is acceptable under
RFP plan in case the area fails to meet including contingency measures, for the EPA’s early implementation policy, set
any applicable milestone. See CAA 1997 8-hour ozone NAAQS for as long out in the August 13, 1993
mstockstill on DSK3G9T082PROD with PROPOSALS
section 182(c)(9). These contingency as the area continues to meet that memorandum from G.T. Helms,
measures must be fully adopted control NAAQS. 80 FR 29970. Considering the entitled, ‘‘Early Implementation of
measures or rules, so that upon failure most recent ambient air quality Contingency Measures for Ozone and
to meet a RFP milestone requirement, monitoring data, the Baltimore Area Carbon Monoxide (CO) Nonattainment
the state must be able to implement the continues to meet the 1997 8-hour Areas.’’ Maryland chose to split the 3%
contingency measures without any NAAQS. Therefore, no contingency contingency requirement equally
further rulemaking activities. If measures are required to address between VOC and NOX. For details on
triggered, these contingency measures requirements in sections 172 or 182 of the contingency target level
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![Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules 26195
calculations, see Tables 10 and 11, and measure requirement, see EPA’s TSD
for EPA’s detailed analysis and supporting this rulemaking action.
evaluation of the 2012 RFP contingency
TABLE 10—2012 RFP CONTINGENCY MEASURE TARGET LEVEL CALCULATIONS
Description Formula VOC NOX
A. 2011 Target Level ................................................................................................................................. .................. 223.73 333.49
B. FMVCP/RVP Reductions Between 2011 and 2012 ............................................................................. .................. 0.00 0.18
C. 2011 Adjusted Base Year Inventory Relative to 2012 ......................................................................... A – B ........ 223.73 333.32
D. RFP Ratio ............................................................................................................................................. .................. 0.0150 0.0150
E. Emissions Reductions Required Between 2011 & 2012 ...................................................................... C * D ........ 3.36 5.00
F. RFP Target Level for 2012 ................................................................................................................... C – E ........ 220.38 328.49
G. Contingency, 1.5% VOC & NOX .......................................................................................................... 0.015 * C 3.36 5.00
H. 2012 Contingency Target Level ............................................................................................................ F – G ........ 217.02 323.49
TABLE 11—COMPARISON OF THE 2012 RFP CONTINGENCY MEASURE TARGET LEVELS VERSUS PROJECTED CONTROLLED
EMISSIONS
[tpd]
Description VOC NOX
A. Projected Controlled Emissions .................................................................................................................................. 199.90 ........ 232.88.
B. Contingency Target Level ........................................................................................................................................... 217.02 ........ 323.49.
Contingency Requirement is met if A < B ...................................................................................................................... Yes ............. Yes.
As shown in Table 11, the Serious minimum, EPA’s adequacy criteria set the State of Maryland must use the 2012
Area Plan achieved more than enough out at 40 CFR 93.118(e)(4). MVEBs from the Serious Area Plan for
emission reductions to meet the future transportation conformity
2. State Submittal and EPA’s Evaluation
contingency measure requirement for determinations.
the 2012 milestone year for the MDE discusses transportation The MVEBs which EPA has
Baltimore Area. Therefore, EPA conformity in Section 10 of the determined to be adequate are identical
proposes to approve Maryland’s Baltimore Serious Area Plan. MDE, in to the projected controlled 2012 onroad
contingency measures from the Serious consultation with the Baltimore mobile source emissions for the
Area Plan as SIP strengthening Regional Transportation Board (BRTB), Baltimore Area in the Serious Area Plan.
measures. established MVEBs for 2012. MDE In addition to the budgets being
calculated the 2012 mobile emissions adequate for transportation conformity
F. Transportation Conformity Budgets inventory using EPA’s MOVES and the purposes, EPA found the procedures
1. Requirement Highway Performance Monitoring Maryland used to develop the MVEBs to
System (HPMS) models. MDE describes be reasonable. For more information on
Transportation conformity is required
its methods in Appendix E of the EPA’s analysis, see EPA’s TSD available
by section 176(c) of the CAA. EPA’s
Baltimore Serious Area Plan. in the docket for this rulemaking.
conformity rule requires that The MVEBs are the amount of
transportation plans, programs and Because the 2012 RFP MVEBs are
emissions allowed in the SIP for onroad adequate for transportation conformity
projects conform to state air quality motor vehicles; it establishes an
implementation plans and establishes purposes and the methods MDE used to
emissions ceiling for the regional develop them are correct, the 2012 RFP
the criteria and procedure for transportation network. The 2012
determining whether or not they do. MVEBs are approvable.
MVEBs for the Baltimore Area are 93.5
Conformity to a SIP means that tpd NOX and 40.2 tpd VOC. III. Proposed Action
transportation activities will not On November 23, 2015, as part of the EPA has reviewed the RFP plan for
produce new air quality violations, adequacy process, EPA posted the the Baltimore Area, submitted in the
worsen existing violations, or delay availability of the 2012 MVEBs on EPA’s Serious Area Plan, including updates to
timely attainment of the national Web site for the purpose of soliciting
ambient air quality standards. See 69 FR public comments.4 The comment period period on the Baltimore Area 2012 MVEBs closed
40004 (July 1, 2004). for the Baltimore Area’s 2012 MVEBs November 23, 2015 instead of December 23, 2015.
States must establish VOC and NOX In fact, the comment period on EPA’s Web site for
closed on December 23, 2015, and EPA the public to comment on the adequacy of the
MVEBs for each of the milestone years
received no comments. In a February 22, Baltimore Area’s 2012 MVEBs was open for 30 days
up to the attainment year and submit
2016 Federal Register notice, EPA from November 23, 2015 through December 23,
the mobile budgets to EPA for approval. 2015, and EPA’s Web site correctly includes the
notified the public that EPA found the
Upon adequacy determination or
mstockstill on DSK3G9T082PROD with PROPOSALS
appropriate December 23, 2015 closing date. See
2012 RFP MVEBs in the Baltimore https://www3.epa.gov/otaq/stateresources/
approval by EPA, states must conduct
Serious Area Plan adequate for transconf/adequacy.htm, Because the comment
transportation conformity analysis for
their Transportation Improvement transportation conformity purposes. 81 period was open for 30 days and because the public
FR 8711.5 As a result of EPA’s finding, therefore had adequate time to comment on the
Programs (TIPs) and long range 2012 MVEBs, EPA’s incorrect reference in the
transportation plans to ensure highway February 22, 2016 Federal Register publication
4 See https://www3.epa.gov/otaq/stateresources/
after the comment period closed was harmless and
vehicle emissions will not exceed transconf/adequacy.htm. inadvertent error. Thus, the inadvertent error does
relevant MVEBs. For budgets to be 5 EPA’s February 22, 2016 notification included not alter EPA’s finding that the 2012 RFP MVEBs
approvable, they must meet, at a an inadvertent error mentioning that the comment are adequate.
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![26196 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Proposed Rules
the 2008 RFP target levels previously in the Unfunded Mandates Reform Act state implementation plan (SIP) revision
SIP approved by EPA, the 2011 and of 1995 (Pub. L. 104–4); submitted by the State of Maryland for
2012 RFP targets levels, control • does not have federalism the purpose of updating their state
measures used to meet RFP, and implications as specified in Executive board requirements. The SIP revision
contingency measures for failure to meet Order 13132 (64 FR 43255, August 10, removes the current SIP approved state
the 2012 RFP target, and found them to 1999); board requirements and replaces them
be approvable. In addition, EPA • is not an economically significant with an updated version of the
determined that MDE used acceptable regulatory action based on health or requirements. The new provisions
techniques and methodologies to update safety risks subject to Executive Order continue to address state board
the 2002 base year and 2008 projected 13045 (62 FR 19885, April 23, 1997); requirements for all the National
inventories, and to develop the 2011 • is not a significant regulatory action Ambient Air Quality Standards
and 2012 milestone year projected subject to Executive Order 13211 (66 FR (NAAQS). The revision is being done
inventories and found them approvable. 28355, May 22, 2001); because the Maryland legislature
Furthermore, EPA has found the • is not subject to requirements of revised Maryland’s statutory
Baltimore Area’s 2012 MVEBs adequate Section 12(d) of the National requirements related to state boards and
for transportation conformity purposes Technology Transfer and Advancement the state wants the most recent version
and approvable. Therefore, EPA is Act of 1995 (15 U.S.C. 272 note) because in their SIP. In the Final Rules section
proposing to approve the updates to the application of those requirements would of this Federal Register, EPA is
2002 base year inventory, updates to the be inconsistent with the CAA; and approving the State’s SIP submittal as a
2008 RFP plan and associated 2008 • does not provide EPA with the direct final rule without prior proposal
projected emissions inventory, the 2011 discretionary authority to address, as because the Agency views this as a
and 2012 RFP plan and associated appropriate, disproportionate human noncontroversial submittal and
projected emission inventories, the health or environmental effects, using anticipates no adverse comments. A
contingency measures for failure to meet practicable and legally permissible detailed rationale for the approval is set
2012 RFP, and the 2012 MVEBs for the methods, under Executive Order 12898 forth in the direct final rule. If no
Baltimore Area submitted in MDE’s July (59 FR 7629, February 16, 1994). adverse comments are received in
In addition, this proposed rule, response to this action, no further
22, 2013 Serious Area Plan. The other
pertaining to the Baltimore Area serious activity is contemplated. If EPA receives
parts of the Serious Area Plan were
RFP plan, inventories, RFP contingency adverse comments, the direct final rule
withdrawn by Maryland. EPA is
measures, and MVEBs, does not have will be withdrawn and all public
soliciting public comments on the
tribal implications as specified by comments received will be addressed in
issues discussed in this document.
Executive Order 13175 (65 FR 67249, a subsequent final rule based on this
These comments will be considered
November 9, 2000), because the SIP is proposed rule. EPA will not institute a
before taking final action.
not approved to apply in Indian country second comment period. Any parties
IV. Statutory and Executive Order located in the state, and EPA notes that interested in commenting on this action
Reviews it will not impose substantial direct should do so at this time.
Under the CAA, the Administrator is costs on tribal governments or preempt
DATES: Comments must be received in
required to approve a SIP submission tribal law.
writing by June 1, 2016.
that complies with the provisions of the List of Subjects in 40 CFR Part 52 ADDRESSES: Submit your comments,
CAA and applicable federal regulations. Environmental protection, Air identified by Docket ID No. EPA–R03–
42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by OAR–2016–0127 at http://
Thus, in reviewing SIP submissions, reference, Intergovernmental relations, www.regulations.gov, or via email to
EPA’s role is to approve state choices, Ozone, Volatile organic compounds. fernandez.cristina@epa.gov. For
provided that they meet the criteria of comments submitted at Regulations.gov,
the CAA. Accordingly, this action Authority: 42 U.S.C. 7401 et seq.
follow the online instructions for
merely approves state law as meeting Dated: April 15, 2016. submitting comments. Once submitted,
federal requirements and does not Shawn M. Garvin, comments cannot be edited or removed
impose additional requirements beyond Regional Administrator, Region III. from Regulations.gov. For either manner
those imposed by state law. For that [FR Doc. 2016–10222 Filed 4–29–16; 8:45 am] of submission, the EPA may publish any
reason, this proposed action: BILLING CODE 6560–50–P comment received to its public docket.
• Is not a ‘‘significant regulatory Do not submit electronically any
action’’ subject to review by the Office information you consider to be
of Management and Budget under ENVIRONMENTAL PROTECTION confidential business information (CBI)
Executive Orders 12866 (58 FR 51735, AGENCY or other information whose disclosure is
October 4, 1993) and 13563 (76 FR 3821, restricted by statute. Multimedia
January 21, 2011); 40 CFR Part 52 submissions (audio, video, etc.) must be
• does not impose an information [EPA–R03–OAR–2016–0127; FRL–9945–43– accompanied by a written comment.
collection burden under the provisions Region 3] The written comment is considered the
of the Paperwork Reduction Act (44 official comment and should include
U.S.C. 3501 et seq.); Approval and Promulgation of Air discussion of all points you wish to
mstockstill on DSK3G9T082PROD with PROPOSALS
• is certified as not having a Quality Implementation Plans; make. The EPA will generally not
significant economic impact on a Maryland; State Board Requirements consider comments or comment
substantial number of small entities AGENCY: Environmental Protection contents located outside of the primary
under the Regulatory Flexibility Act (5 Agency (EPA). submission (i.e., on the web, cloud, or
U.S.C. 601 et seq.); ACTION: Proposed rule. other file sharing system). For
• does not contain any unfunded additional submission methods, please
mandate or significantly or uniquely SUMMARY: The Environmental Protection contact the person identified in the ‘‘For
affect small governments, as described Agency (EPA) proposes to approve the Further Information Contact’’ section.
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Document Created: 2016-04-30 13:34:58
Document Modified: 2016-04-30 13:34:58
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before June 1, 2016. | |
| Contact | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 81 FR 26188 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Volatile Organic Compounds |
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