81_FR_50507 81 FR 50360 - 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

81 FR 50360 - 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 147 (August 1, 2016)

Page Range50360-50362
FR Document2016-17781

The Environmental Protection Agency (EPA) is approving 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 approving the transportation conformity motor vehicle emissions budgets (MVEBs) associated with this revision. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50360-50362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17781]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0788; FRL-9949-70-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 approving 
the transportation conformity motor vehicle emissions budgets (MVEBs) 
associated with this revision. This action is being taken under the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0788. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through www.regulations.gov or may be viewed during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Maryland Department of the Environment, 1800 Washington Boulevard, 
Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 2, 2016 (81 FR 26188), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of the ``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) submitted by the Maryland Department of the Environment (MDE) on 
July 22, 2013. The 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 reasonably available control 
measures (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

    On June 4, 2010, EPA approved Maryland's moderate area RFP that 
provided for a 15 percent (%) 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. Maryland also needed to update its 2002 base year 
inventory, which is the basis for the 2008 target levels and its 15% 
RFP plan. In the Serious Area Plan, MDE updated its 2002 base year 
inventory and 15% RFP plan, including 2008 target levels, to reflect 
changes to EPA's approved model for on-road 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.
    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 volatile organic compounds (VOC) and/or oxides of 
nitrogen (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. The Serious Area Plan contains 2011 and 2012 RFP 
for the Baltimore Area, including the calculation of 2011 and 2012 
target levels, 2011 and 2012 projected

[[Page 50361]]

inventories, and an accounting of the emission reductions from 
permanent and enforceable emission control measures achieved to meet 
RFP. The Serious Area Plan also includes contains contingency measures 
for failure to meet the 2012 RFP milestone. Finally, the Serious Area 
Plan includes 2012 MVEBs the Baltimore Area, set at 93.5 tons per day 
(tpd) NOX and 40.2 tpd VOC.
    EPA reviewed the RFP plan for the Baltimore Area submitted in the 
Serious Area Plan, including updates to 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. For details on EPA's analysis, see the 
Technical Support Documents (TSDs) for this rulemaking action, which 
are available online at http://www.regulations.gov, Docket number EPA-
R03-OAR-2015-0788.
    Other specific requirements of the Baltimore Area serious area RFP 
plan, inventories, RFP contingency measures, and MVEBs, and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving 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.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action: 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 
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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 30, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action.
    This action, pertaining to the Baltimore Area serious RFP plan, 
inventories, RFP contingency measures, and MVEBs, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.


[[Page 50362]]


    Dated: July 15, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entries ``Serious Area Reasonable Further Progress (RFP) Plan and 
2012 RFP Contingency Measures,'' ``Updates to the 2002 Base Year 
Inventory for VOC, NOX and CO,'' and ``2012 Transportation 
Conformity Budgets'' at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable        State submittal                           Additional
            revision                geographic area           date          EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Serious Area Reasonable Further   Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Progress (RFP) Plan and 2012      hour ozone serious                       Federal Register         52.1076(cc)
 RFP Contingency Measures.         nonattainment area.                      citation].
Updates to the 2002 Base Year     Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert    Sec.   52.1075(p)
 Inventory for VOC, NOX and CO.    hour ozone serious                       Federal Register
                                   nonattainment area.                      citation].
2012 Transportation Conformity    Baltimore 1997 8-    July 22, 2013.....  8/1/2016 [Insert                 Sec.
 Budgets.                          hour ozone serious                       Federal Register         52.1076(dd)
                                   nonattainment area.                      citation].
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1075 is amended by adding paragraph (p) to read as 
follows:


Sec.  52.1075   Base year emissions inventory.

* * * * *
    (p) EPA approves, as a revision to the Maryland State 
Implementation Plan, updates to the 2002 base year emissions 
inventories previously approved under paragraph (i) of this section for 
the Baltimore 1997 8-hour ozone serious nonattainment area (Area) 
submitted by the Secretary of the Maryland Department of the 
Environment on July 22, 2013. This submittal consists of updated 2002 
base year point, area, non-road mobile, and on-road mobile source 
inventories in the Area for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).

0
4. Section 52.1076 is amended by adding paragraphs (cc) and (dd) to 
read as follows:


Sec.  52.1076 52.1076   Control strategy plans for attainment and rate-
of-progress: Ozone.

* * * * *
    (cc) EPA approves revisions to the Maryland State Implementation 
Plan consisting of the serious area reasonable further progress (RFP) 
plan for the Baltimore 1997 8-hour ozone serious nonattainment area, 
including 2011 and 2012 RFP milestones, updates to the 2008 RFP 
milestones previously approved by EPA under paragraph (q) of this 
section, and contingency measures for failure to meet 2012 RFP, 
submitted by the Secretary of the Maryland Department of the 
Environment on July 22, 2013.
    (dd) EPA approves the following 2012 RFP motor vehicle emissions 
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious 
nonattainment area, in tons per day (tpd) of volatile organic compounds 
(VOC) and nitrogen oxides (NOX), submitted by the Secretary 
of the Maryland Department of the Environment on July 22, 2013:

                       Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                                                                                            Effective date of
    Type of control strategy SIP            Year          VOC  (tpd)       NOX  (tpd)     adequacy determination
                                                                                             or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan...............            2012             40.2             93.5   March 8, 2016 (81 FR
                                                                                          8711), published
                                                                                          February 22, 2016.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17781 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              50360                Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                                                                                                                                                            Additional
                                                                                                              State
                                               State citation              Title/subject                                             EPA Approval date                                     explanation/
                                                                                                          effective date                                                                § 52.2063 citation


                                                         *                            *                           *                           *                        *                     *               *

                                                                                                        Subchapter B—Monitoring Duties of Certain Sources
                                                                                                                           General


                                                       *                         *                             *                            *                         *                  *                   *
                                              Section             Filing monitoring reports ...              04/12/2014           8/1/16 [Insert Federal             Amends section 139.53.
                                                139.53.                                                                             Register citation].

                                                         *                            *                           *                           *                        *                     *               *



                                              *      *       *       *       *                               information (CBI) or other information                         dated October 20, 2015, withdrew the
                                              [FR Doc. 2016–18156 Filed 7–29–16; 8:45 am]                    whose disclosure is restricted by statute.                     attainment demonstration, including
                                              BILLING CODE 6560–50–P                                         Certain other material, such as                                modeling and weight of evidence,
                                                                                                             copyrighted material, is not placed on                         contingency measures for attainment,
                                                                                                             the Internet and will be publicly                              and the RACM analysis from
                                              ENVIRONMENTAL PROTECTION                                       available only in hard copy form.                              consideration as a SIP revision.
                                              AGENCY                                                         Publicly available docket materials are                        Therefore, those elements are not
                                                                                                             available through www.regulations.gov                          addressed in this rulemaking action.
                                              40 CFR Part 52                                                 or may be viewed during normal                                 II. Summary of SIP Revision
                                              [EPA–R03–OAR–2015–0788; FRL–9949–70–                           business hours at the Air Protection
                                              Region 3]                                                      Division, U.S. Environmental Protection                           On June 4, 2010, EPA approved
                                                                                                             Agency, Region III, 1650 Arch Street,                          Maryland’s moderate area RFP that
                                              Approval and Promulgation of Air                               Philadelphia, Pennsylvania 19103.                              provided for a 15 percent (%) emissions
                                              Quality Implementation Plans;                                  Copies of the State submittal are                              reduction from 2002 to 2008, contained
                                              Maryland; Reasonable Further                                   available at the Maryland Department of                        in the Moderate Area Plan. 75 FR 31709.
                                              Progress Plan, Contingency Measures,                           the Environment, 1800 Washington                               Maryland, however, needed to update
                                              Motor Vehicle Emissions Budgets for                            Boulevard, Suite 705, Baltimore,                               the 2008 target levels for its Serious
                                              the Baltimore 1997 8-Hour Ozone                                Maryland 21230.                                                Area Plan because they are the basis for
                                              Serious Nonattainment Area                                                                                                    the new 2011 and 2012 target level
                                                                                                             FOR FURTHER INFORMATION CONTACT:                               calculations for RFP. Maryland also
                                              AGENCY:  Environmental Protection                              Maria A. Pino, (215) 814–2181, or by                           needed to update its 2002 base year
                                              Agency (EPA).                                                  email at pino.maria@epa.gov.                                   inventory, which is the basis for the
                                              ACTION: Final rule.                                            SUPPLEMENTARY INFORMATION:                                     2008 target levels and its 15% RFP plan.
                                                                                                             I. Background                                                  In the Serious Area Plan, MDE updated
                                              SUMMARY:   The Environmental Protection                                                                                       its 2002 base year inventory and 15%
                                              Agency (EPA) is approving the serious                            On May 2, 2016 (81 FR 26188), EPA                            RFP plan, including 2008 target levels,
                                              nonattainment area reasonable further                          published a notice of proposed                                 to reflect changes to EPA’s approved
                                              progress (RFP) plan for the Baltimore                          rulemaking (NPR) for the State of                              model for on-road mobile sector
                                              serious nonattainment area for the 1997                        Maryland. In the NPR, EPA proposed                             emissions, from the Mobile Source
                                              8-hour ozone national ambient air                              approval of the ‘‘Baltimore Serious                            Emission Factor Model (MOBILE) to the
                                              quality standard (NAAQS). The SIP                              Nonattainment Area 0.08 ppm 8-Hour                             Motor Vehicle Emission Simulator
                                              revision includes 2011 and 2012 RFP                            Ozone State Implementation Plan                                (MOVES) model, as well as updates to
                                              milestones, contingency measures for                           Demonstrating Rate of Progress for 2008,                       EPA’s NONROAD model.
                                              failure to meet RFP, and updates to the                        2011 and 2012 Revision to 2002 Base                               Serious 8-hour ozone nonattainment
                                              2002 base year inventory and the 2008                          Year Emissions; and Serious Area                               areas are subject to RFP requirements in
                                              reasonable RFP plan previously                                 Attainment Demonstration, SIP Number:                          section 182(c)(2)(B) of the CAA that
                                              approved by EPA. EPA is also approving                         13–07,’’ (the Serious Area Plan)                               require an average of 3% per year of
                                              the transportation conformity motor                            submitted by the Maryland Department                           volatile organic compounds (VOC) and/
                                              vehicle emissions budgets (MVEBs)                              of the Environment (MDE) on July 22,                           or oxides of nitrogen (NOX) emissions
                                              associated with this revision. This                            2013. The SIP revision submittal                               reductions for all remaining 3-year
                                              action is being taken under the Clean                          included updates to the 2002 base year                         periods after the first 6-year period out
                                              Air Act (CAA).                                                 emissions inventory and 2008 RFP plan                          to the area’s attainment date (2008–2011
                                              DATES: This final rule is effective on                         that EPA previously approved into the                          and 2011–2012). For a serious area, such
                                              August 31, 2016.                                               Maryland SIP, RFP for 2011 and 2012,                           as the Baltimore Area, with an approved
                                              ADDRESSES: EPA has established a                               an attainment demonstration, including                         15% rate of progress (ROP) plan under
sradovich on DSK3GMQ082PROD with RULES




                                              docket for this action under Docket ID                         modeling and weight of evidence, RFP                           the 1-hour standard, states can use
                                              Number EPA–R03–OAR–2015–0788. All                              and attainment contingency measures, a                         reductions from VOC or NOX or a
                                              documents in the docket are listed in                          reasonably available control measures                          combination of either. The Serious Area
                                              the www.regulations.gov Web site.                              (RACM) determination, and 2012                                 Plan contains 2011 and 2012 RFP for the
                                              Although listed in the electronic docket,                      MVEBs. After EPA determined                                    Baltimore Area, including the
                                              some information is not publicly                               Baltimore had attained the 1997 8-hour                         calculation of 2011 and 2012 target
                                              available, i.e., confidential business                         ozone standard, Maryland, by letter                            levels, 2011 and 2012 projected


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                                                                 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations                                          50361

                                              inventories, and an accounting of the                    impose any additional regulatory                      Act of 1995 (15 U.S.C. 272 note) because
                                              emission reductions from permanent                       requirements on sources beyond those                  application of those requirements would
                                              and enforceable emission control                         required by state law. A redesignation to             be inconsistent with the CAA; and
                                              measures achieved to meet RFP. The                       attainment does not in and of itself                     • Does not provide EPA with the
                                              Serious Area Plan also includes                          impose any new requirements, but                      discretionary authority to address, as
                                              contains contingency measures for                        rather results in the application of                  appropriate, disproportionate human
                                              failure to meet the 2012 RFP milestone.                  requirements contained in the CAA for                 health or environmental effects, using
                                              Finally, the Serious Area Plan includes                  areas that have been redesignated to                  practicable and legally permissible
                                              2012 MVEBs the Baltimore Area, set at                    attainment. Moreover, the Administrator               methods, under Executive Order 12898
                                              93.5 tons per day (tpd) NOX and 40.2                     is required to approve a SIP submission               (59 FR 7629, February 16, 1994).
                                              tpd VOC.                                                 that complies with the provisions of the                 In addition, this rule does not have
                                                 EPA reviewed the RFP plan for the                     Act and applicable federal regulations.               tribal implications as specified by
                                              Baltimore Area submitted in the Serious                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Executive Order 13175 (65 FR 67249,
                                              Area Plan, including updates to the                      Thus, in reviewing SIP submissions,                   November 9, 2000), because the SIP is
                                              2008 RFP target levels previously SIP                    EPA’s role is to approve state choices,               not approved to apply in Indian country
                                              approved by EPA, the 2011 and 2012                       provided that they meet the criteria of               located in the state, and EPA notes that
                                              RFP targets levels, control measures                     the CAA. Accordingly, this action                     it will not impose substantial direct
                                              used to meet RFP, and contingency                        merely approves state law as meeting                  costs on tribal governments or preempt
                                              measures for failure to meet the 2012                    federal requirements and does not                     tribal law.
                                              RFP target, and found them to be                         impose additional requirements beyond
                                                                                                                                                             B. Submission to Congress and the
                                              approvable. In addition, EPA                             those imposed by state law. For that
                                                                                                                                                             Comptroller General
                                              determined that MDE used acceptable                      reason, this action: Under the CAA, the
                                              techniques and methodologies to update                   Administrator is required to approve a                   The Congressional Review Act, 5
                                              the 2002 base year and 2008 projected                    SIP submission that complies with the                 U.S.C. 801 et seq., as added by the Small
                                              inventories, and to develop the 2011                     provisions of the CAA and applicable                  Business Regulatory Enforcement
                                              and 2012 milestone year projected                        federal regulations. 42 U.S.C. 7410(k);               Fairness Act of 1996, generally provides
                                              inventories and found them approvable.                   40 CFR 52.02(a). Thus, in reviewing SIP               that before a rule may take effect, the
                                              Furthermore, EPA has found the                           submissions, EPA’s role is to approve                 agency promulgating the rule must
                                              Baltimore Area’s 2012 MVEBs adequate                     state choices, provided that they meet                submit a rule report, which includes a
                                              for transportation conformity purposes                   the criteria of the CAA. Accordingly,                 copy of the rule, to each House of the
                                              and approvable. For details on EPA’s                     this action merely approves state law as              Congress and to the Comptroller General
                                              analysis, see the Technical Support                      meeting federal requirements and does                 of the United States. EPA will submit a
                                              Documents (TSDs) for this rulemaking                     not impose additional requirements                    report containing this action and other
                                              action, which are available online at                    beyond those imposed by state law. For                required information to the U.S. Senate,
                                              http://www.regulations.gov, Docket                       that reason, this action:                             the U.S. House of Representatives, and
                                              number EPA–R03–OAR–2015–0788.                               • Is not a ‘‘significant regulatory                the Comptroller General of the United
                                                 Other specific requirements of the                    action’’ subject to review by the Office              States prior to publication of the rule in
                                              Baltimore Area serious area RFP plan,                    of Management and Budget under                        the Federal Register. A major rule
                                              inventories, RFP contingency measures,                   Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                              and MVEBs, and the rationale for EPA’s                   October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                              proposed action are explained in the                     January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                              NPR and will not be restated here. No                       • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                              public comments were received on the                     collection burden under the provisions
                                                                                                                                                             C. Petitions for Judicial Review
                                              NPR.                                                     of the Paperwork Reduction Act (44
                                                                                                       U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the CAA,
                                              III. Final Action                                           • Is certified as not having a                     petitions for judicial review of this
                                                EPA is approving the updates to the                    significant economic impact on a                      action must be filed in the United States
                                              2002 base year inventory, updates to the                 substantial number of small entities                  Court of Appeals for the appropriate
                                              2008 RFP plan and associated 2008                        under the Regulatory Flexibility Act (5               circuit by September 30, 2016. Filing a
                                              projected emissions inventory, the 2011                  U.S.C. 601 et seq.);                                  petition for reconsideration by the
                                              and 2012 RFP plan and associated                            • Does not contain any unfunded                    Administrator of this final rule does not
                                              projected emission inventories, the                      mandate or significantly or uniquely                  affect the finality of this action for the
                                              contingency measures for failure to meet                 affect small governments, as described                purposes of judicial review nor does it
                                              2012 RFP, and the 2012 MVEBs for the                     in the Unfunded Mandates Reform Act                   extend the time within which a petition
                                              Baltimore Area submitted in MDE’s July                   of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
                                              22, 2013 Serious Area Plan. The other                       • Does not have federalism                         shall not postpone the effectiveness of
                                              parts of the Serious Area Plan were                      implications as specified in Executive                such rule or action.
                                                                                                       Order 13132 (64 FR 43255, August 10,                     This action, pertaining to the
                                              withdrawn by Maryland.
                                                                                                       1999);                                                Baltimore Area serious RFP plan,
                                              IV. Statutory and Executive Order                           • Is not an economically significant               inventories, RFP contingency measures,
                                              Reviews                                                  regulatory action based on health or                  and MVEBs, may not be challenged later
                                                                                                       safety risks subject to Executive Order               in proceedings to enforce its
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                                              A. General Requirements
                                                                                                       13045 (62 FR 19885, April 23, 1997);                  requirements. (See section 307(b)(2)).
                                                Under the CAA, redesignation of an                        • Is not a significant regulatory action
                                              area to attainment and the                               subject to Executive Order 13211 (66 FR               List of Subjects in 40 CFR Part 52
                                              accompanying approval of the                             28355, May 22, 2001);                                   Environmental protection, Air
                                              maintenance plan under CAA section                          • Is not subject to requirements of                pollution control, Incorporation by
                                              107(d)(3)(E) are actions that affect the                 section 12(d) of the National                         reference, Intergovernmental relations,
                                              status of geographical area and do not                   Technology Transfer and Advancement                   Ozone, Volatile organic compounds.


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                                              50362                Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                                Dated: July 15, 2016.                                          Authority: 42 U.S.C. 7401 et seq.                   Transportation Conformity Budgets’’ at
                                              Shawn M. Garvin,                                                                                                     the end of the table to read as follows:
                                              Regional Administrator, Region III.                          Subpart V—Maryland
                                                  40 CFR part 52 is amended as follows:                                                                            § 52.1070    Identification of plan.
                                                                                                           ■  2. In § 52.1070, the table in paragraph              *       *    *      *     *
                                              PART 52—APPROVAL AND                                         (e) is amended by adding the entries
                                                                                                           ‘‘Serious Area Reasonable Further                           (e) * * *
                                              PROMULGATION OF
                                              IMPLEMENTATION PLANS                                         Progress (RFP) Plan and 2012 RFP
                                                                                                           Contingency Measures,’’ ‘‘Updates to
                                              ■ 1. The authority citation for part 52                      the 2002 Base Year Inventory for VOC,
                                              continues to read as follows:                                NOX and CO,’’ and ‘‘2012

                                                    Name of non-regulatory                                                              State submittal                                              Additional
                                                                                               Applicable geographic area                                          EPA approval date
                                                        SIP revision                                                                         date                                                   explanation


                                                       *                  *                               *                            *                       *                 *                       *
                                              Serious Area Reasonable Further              Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-            § 52.1076(cc)
                                                Progress (RFP) Plan and 2012                 rious nonattainment area.                                         ister citation].
                                                RFP Contingency Measures.
                                              Updates to the 2002 Base Year                Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-                § 52.1075(p)
                                                Inventory for VOC, NOX and                   rious nonattainment area.                                         ister citation].
                                                CO.
                                              2012 Transportation Conformity               Baltimore 1997 8-hour ozone se-             July 22, 2013 ....    8/1/2016 [Insert Federal Reg-           § 52.1076(dd)
                                                Budgets.                                     rious nonattainment area.                                         ister citation].



                                              ■ 3. Section 52.1075 is amended by                           inventories in the Area for the following               2012 RFP milestones, updates to the
                                              adding paragraph (p) to read as follows:                     pollutants: Volatile organic compounds                  2008 RFP milestones previously
                                                                                                           (VOC), carbon monoxide (CO) and                         approved by EPA under paragraph (q) of
                                              § 52.1075     Base year emissions inventory.                 nitrogen oxides (NOX).                                  this section, and contingency measures
                                              *     *    *      *     *                                    ■ 4. Section 52.1076 is amended by                      for failure to meet 2012 RFP, submitted
                                                (p) EPA approves, as a revision to the                     adding paragraphs (cc) and (dd) to read                 by the Secretary of the Maryland
                                              Maryland State Implementation Plan,                          as follows:                                             Department of the Environment on July
                                              updates to the 2002 base year emissions                                                                              22, 2013.
                                              inventories previously approved under                        § 52.1076 52.1076 Control strategy plans                  (dd) EPA approves the following 2012
                                              paragraph (i) of this section for the                        for attainment and rate-of-progress: Ozone.             RFP motor vehicle emissions budgets
                                              Baltimore 1997 8-hour ozone serious                          *     *    *     *     *                                (MVEBs) for the Baltimore 1997 8-hour
                                              nonattainment area (Area) submitted by                         (cc) EPA approves revisions to the                    ozone serious nonattainment area, in
                                              the Secretary of the Maryland                                Maryland State Implementation Plan                      tons per day (tpd) of volatile organic
                                              Department of the Environment on July                        consisting of the serious area reasonable               compounds (VOC) and nitrogen oxides
                                              22, 2013. This submittal consists of                         further progress (RFP) plan for the                     (NOX), submitted by the Secretary of the
                                              updated 2002 base year point, area, non-                     Baltimore 1997 8-hour ozone serious                     Maryland Department of the
                                              road mobile, and on-road mobile source                       nonattainment area, including 2011 and                  Environment on July 22, 2013:

                                                                             TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA
                                                                                                                                   VOC                    NOX          Effective date of adequacy determination or
                                                         Type of control strategy SIP                           Year               (tpd)                  (tpd)                        SIP approval

                                              Rate of Progress Plan ....................................        2012               40.2                   93.5         March 8, 2016 (81 FR 8711), published Feb-
                                                                                                                                                                        ruary 22, 2016.



                                              [FR Doc. 2016–17781 Filed 7–29–16; 8:45 am]                  ACTION:     Direct final rule.                          DATES:  This rule is effective on
                                              BILLING CODE 6560–50–P                                                                                               September 30, 2016 without further
                                                                                                           SUMMARY:   The Environmental Protection                 notice, unless the EPA receives adverse
                                                                                                           Agency (EPA) is taking direct final                     comments by August 31, 2016. If we
                                              ENVIRONMENTAL PROTECTION                                     action to approve revisions to the                      receive such comments, we will publish
                                              AGENCY                                                       Modoc County Air Pollution Control                      a timely withdrawal in the Federal
                                                                                                           District (MCAPCD) portion of the                        Register to notify the public that this
                                              40 CFR Part 52                                                                                                       direct final rule will not take effect.
                                                                                                           California State Implementation Plan
                                              [EPA–R09–OAR–2016–0119; FRL–9948–26–                         (SIP). These revisions concern                          ADDRESSES: Submit your comments,
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                                              Region 9]                                                    MCAPCD’s administrative and                             identified by Docket ID No. EPA–R09–
                                                                                                           procedural requirements to obtain                       OAR–2016–0119 at http://
                                              Approval of California Air Plan
                                                                                                           preconstruction permits that regulate                   www.regulations.gov, or via email to
                                              Revisions, Modoc County Air Pollution
                                                                                                           emission sources under the Clean Air                    R9airpermits@epa.gov. For comments
                                              Control District, Permit Programs
                                                                                                           Act as amended in 1990 (CAA or the                      submitted at Regulations.gov, follow the
                                              AGENCY: Environmental Protection                             Act). We are approving local rules under                online instructions for submitting
                                              Agency (EPA).                                                the CAA.                                                comments. Once submitted, comments


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Document Created: 2016-07-30 06:25:45
Document Modified: 2016-07-30 06:25:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 31, 2016.
ContactMaria A. Pino, (215) 814-2181, or by email at [email protected]
FR Citation81 FR 50360 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Volatile Organic Compounds

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