82 FR 44522 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Maryland Portion of the Philadelphia-Wilmington-Atlantic City Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 184 (September 25, 2017)
Federal Register Volume 82, Issue 184 (September 25, 2017)
| Page Range | 44522-44525 | |
| FR Document | 2017-20324 |
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)] [Rules and Regulations] [Pages 44522-44525] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20324] [[Page 44522]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0149; FRL-9968-00-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Maryland Portion of the Philadelphia-Wilmington-Atlantic City Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City marginal nonattainment area for the 2008 8-hour ozone national ambient air quality standard (NAAQS). The State of Maryland submitted the emission inventory, which included the ozone precursors, nitrogen oxides (NOX ) and volatile organic compounds (VOC), as well as several other pollutants, through the Maryland Department of the Environment (MDE) to meet the nonattainment requirements for marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS as a revision to the Maryland State Implementation Plan (SIP) as the inventory for NOX and VOC is in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on November 24, 2017 without further notice, unless EPA receives adverse written comment by October 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2017-0149 at https://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: Sara Calcinore, (215) 814-2043, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground level ozone is formed when NOX and VOC react in the presence of sunlight. NOX and VOC are referred to as ozone precursors and are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. In response to this scientific evidence, EPA promulgated the first ozone NAAQS in 1979, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS for total photochemical oxidants. On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS was determined to be more protective of public health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008).\1\ --------------------------------------------------------------------------- \1\ On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS to 0.070 ppm. See 80 FR 65292 (October 16, 2015). This rulemaking addresses the 2008 8-hour ozone NAAQS and does not address the 2015 8-hour ozone NAAQS. --------------------------------------------------------------------------- On May 21, 2012, the Philadelphia-Wilmington-Atlantic City area was designated as marginal nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088. The designation of the Philadelphia-Wilmington-Atlantic City area as marginal nonattainment was effective July 20, 2012. The Philadelphia-Wilmington-Atlantic City nonattainment area is comprised of Cecil County in Maryland, as well as counties in Delaware, New Jersey, and Pennsylvania. Under section 172(c)(3) of the CAA, Maryland is required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutants, i.e. the ozone precursors NOX and VOC, in its marginal nonattainment area, i.e., the Maryland portion of the Philadelphia- Wilmington-Atlantic City nonattainment area. II. Summary of SIP Revision and EPA Analysis Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources (point, nonpoint, nonroad, and onroad) of the relevant pollutant or pollutants in the nonattainment area. CAA section 182(a)(1) requires that areas designated as nonattainment and classified as marginal submit an inventory of all sources of ozone precursors no later than 2 years after the effective date of designation. EPA's guidance for emissions inventory development calls for actual emissions to be used in the base year inventory. The state must report annual emissions as well as ``summer day emissions.'' As defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an average day's emissions for a typical summer work weekday. The state will select the particular month(s) in summer and the day(s) in the work week to be represented.'' On January 19, 2017, MDE submitted a formal revision (SIP #16-15) to its SIP. The SIP revision consists of the 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. MDE selected 2011 as its base year for SIP planning purposes, as recommended in EPA's final rule, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements.'' See 80 FR 12263 (March 6, 2015). MDE's 2011 base year inventory includes emissions estimates covering the general source categories of stationary point, area (nonpoint), nonroad mobile, onroad mobile, and Marine-Air-Rail (M-A-R). [[Page 44523]] In its 2011 base year inventory, MDE reported actual annual emissions and typical summer day emissions for the months of May through September for NOX , VOC, and carbon monoxide (CO). Although MDE also reported annual emissions for fine particulate matter (PM2.5 ), sulfur dioxide (SO2 ), and ammonia (NH3 ) and typical summer day emissions for CO, in this approval of the 2011 base year emissions inventory for the 2008 ozone NAAQS, EPA is approving only relevant ozone precursors, which are VOC and NOX .\2\ --------------------------------------------------------------------------- \2\ The actual annual emissions and typical summer day emissions were summarized by MDE in Table 1-1: 2011 Base Year SIP Emission Inventory Summary. A discrepancy was found between the area annual emissions reported for PM2.5 and NH3 in Table 1-1 and the area annual emissions reported for PM2.5 and NH3 in Table 4-1: 2011 Base Year SIP Area Source Emission Inventories and the Nonpoint Annual data table under Appendix C Area/Nonpoint Sources. Since the anthropogenic totals in Table 1-1 correspond to the annual emissions values, the anthropogenic totals for PM2.5 and NH3 in Table 1-1 were also affected by the discrepancy. In a correction letter, MDE confirmed that the area annual emissions for PM2.5 and NH3 in Table 1-1 are 456.50 tpy for PM2.5 and 477.15 tpy for NH3 . MDE also confirmed that the corresponding anthropogenic totals for PM2.5 and NH3 are 625.04 tpy and 530.10 tpy. MDE has submitted a corrected version of page 3 of the 2011 base year inventory to reflect the necessary corrections to Table 1-1. The corrected version as well as the correction letter are included in the docket for this rulemaking even though the CAA at sections 172 and 182 only require an inventory of ozone precursors. See July 20, 2017 letter from Brian Hug, Program Manager, Maryland Department of the Environment to Cecil Rodrigues, Acting Regional Administrator, EPA Region III, Subject: SIP #16-15 ``2011 Base Year Emissions Inventory for the Maryland Portion of the Philadelphia-Atlantic City, PA-NJ- DE-MD 2008 Ozone NAAQS Nonattainment Area (Cecil County, MD)'' Minor Corrections. --------------------------------------------------------------------------- Table 1 summarizes the 2011 VOC and NOX emission inventory by source sector for Maryland's marginal nonattainment area. Annual emissions are given in tons per year (tpy) and summer weekday emissions are given by tons per day (tpd). Table 1--Summary of 2011 Emissions of Ozone Precursors for the Philadelphia-Wilmington-Atlantic City Nonattainment Area ---------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector --------------------------------------------------------------- VOC NOX VOC NOX ---------------------------------------------------------------------------------------------------------------- Point........................................... 0.301 2.63 64.91 76.19 Area............................................ 2.863 0.31 937.78 242.02 Nonroad......................................... 5.127 2.01 1,054.93 529.02 Onroad.......................................... 2.29 7.50 791.98 2,730.44 M-A-R........................................... 0.030 0.46 11.03 167.97 Anthropogenic Subtotal.......................... 10.61 12.90 2,860.63 3,745.63 ---------------------------------------------------------------------------------------------------------------- Point sources are large, stationary, and identifiable sources of emissions that release pollutants into the atmosphere. Maryland obtained its point source data from the MDE Air and Radiation Management Administration (ARMA) point source emissions inventory. ARMA identifies and inventories stationary sources for the point source emissions inventory through inspections, investigations, permitting, and equipment registrations. Area sources, also known as nonpoint sources, are sources of pollution that are small and numerous and have not been inventoried as specific point or mobile sources. To inventory these sources, they are grouped so that emissions can be estimated collectively using one methodology. Examples include residential heating emissions and emissions from consumer solvents. MDE calculated nonpoint emissions for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area by multiplying emissions factors specific for each source category with some known indicator of collective activity for each source category, such as population or employment data. Nonroad sources are mobile sources other than onroad vehicles, including aircraft, locomotives, construction and agricultural equipment, and marine vessels. Emissions from different source categories are calculated using various methodologies. MDE relied on EPA's nonroad emissions calculations from the National Mobile Inventory Model (NMIM--April 5, 2009). Onroad or highway sources are vehicles, such as cars, trucks, and buses, which are operated on public roadways. MDE estimated onroad emissions using EPA's Motor Vehicle Emission Simulator (MOVES) model, version 2010a, and appropriate activity levels, such as vehicle miles traveled (VMT) estimates developed from vehicle count data maintained by the State Highway Administration (SHA) of the Maryland Department of Transportation (MDOT). M-A-R sources include marine vessels, airports, and railroad locomotives. MDE estimated M-A-R emissions using data from surveyed sources or state and federal reporting agencies. EPA reviewed Maryland's 2011 base year emission inventory's results, procedures, and methodologies for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area and found them to be acceptable and approvable for sections 110, 172(c)(3) and 182(a)(1) of the CAA. EPA's review and analysis is detailed in a Technical Support Document (TSD) prepared for this rulemaking. The TSD is available online at http://www.regulations.gov, Docket ID No. EPA- R03-OAR-2017-0149. III. Final Action EPA is approving the Maryland January 19, 2017 SIP revision as meeting requirements for a base year inventory for the 2008 8-hour ozone NAAQS for the Maryland portion of the Philadelphia-Wilmington- Atlantic City nonattainment area because the inventory for ozone precursors was prepared in accordance with requirements in sections 110, 172(c)(3) and 182(a)(1) of the CAA and its implementing regulations including 40 CFR 51.915. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on November 24, 2017 without further notice unless EPA receives adverse comment by October 25, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the [[Page 44524]] proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. Statutory and Executive Order Reviews A. General Requirements 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 November 24, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action approving Maryland's 2011 base year inventory for the 2008 8-hour ozone NAAQS for the Maryland portion of the Philadelphia- Wilmington-Atlantic City nonattainment area 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 8, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (e) is amended by adding an entry for ``2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.1070 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State Additional revision area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Inventory for Maryland portion of 01/19/2017 09/25/2017, Sec. 52.1075(q). the 2008 8-Hour Ozone National the Philadelphia- [Insert Federal Ambient Air Quality Standard. Wilmington-Atlantic Register City, PA-NJ-DE-MD citation]. 2008 ozone nonattainment area. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.1075 is amended by adding paragraph (q) to read as follows: Sec. 52.1075 Base year emissions inventory. * * * * * (q) EPA approves, as a revision to the Maryland state implementation plan the [[Page 44525]] 2011 base year emissions inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City marginal nonattainment area for the 2008 8-hour ozone national ambient air quality standards submitted by the Maryland Department of the Environment on January 19, 2017, as amended July 20, 2017. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of stationary point, area (nonpoint), nonroad mobile, onroad mobile, and Marine-Air-Rail (M-A-R). The inventory included actual annual emissions and typical summer day emissions for the months of May through September for the ozone precursors, VOC and NO X . [FR Doc. 2017-20324 Filed 9-22-17; 8:45 am] BILLING CODE 6560-50-P
![44522 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION or other information whose disclosure is On May 21, 2012, the Philadelphia-
AGENCY restricted by statute. Multimedia Wilmington-Atlantic City area was
submissions (audio, video, etc.) must be designated as marginal nonattainment
40 CFR Part 52 accompanied by a written comment. for the 2008 8-hour ozone NAAQS. 77
[EPA–R03–OAR–2017–0149; FRL–9968–00– The written comment is considered the FR 30088. The designation of the
Region 3] official comment and should include Philadelphia-Wilmington-Atlantic City
discussion of all points you wish to area as marginal nonattainment was
Approval and Promulgation of Air make. EPA will generally not consider effective July 20, 2012. The
Quality Implementation Plans; comments or comment contents located Philadelphia-Wilmington-Atlantic City
Maryland; 2011 Base Year Inventory outside of the primary submission (i.e. nonattainment area is comprised of
for the 2008 8-Hour Ozone National on the web, cloud, or other file sharing Cecil County in Maryland, as well as
Ambient Air Quality Standard for the system). For additional submission counties in Delaware, New Jersey, and
Maryland Portion of the Philadelphia- methods, please contact the person Pennsylvania. Under section 172(c)(3) of
Wilmington-Atlantic City identified in the FOR FURTHER the CAA, Maryland is required to
Nonattainment Area INFORMATION CONTACT section. For the submit a comprehensive, accurate, and
full EPA public comment policy, current inventory of actual emissions
AGENCY: Environmental Protection from all sources of the relevant
Agency (EPA). information about CBI or multimedia
submissions, and general guidance on pollutants, i.e. the ozone precursors
ACTION: Direct final rule. NOX and VOC, in its marginal
making effective comments, please visit
SUMMARY: The Environmental Protection http://www2.epa.gov/dockets/ nonattainment area, i.e., the Maryland
Agency (EPA) is taking direct final commenting-epa-dockets. portion of the Philadelphia-Wilmington-
action to approve the 2011 base year Atlantic City nonattainment area.
FOR FURTHER INFORMATION CONTACT: Sara
inventory for the Maryland portion of Calcinore, (215) 814–2043, or by email II. Summary of SIP Revision and EPA
the Philadelphia-Wilmington-Atlantic at calcinore.sara@epa.gov. Analysis
City marginal nonattainment area for the
SUPPLEMENTARY INFORMATION: Under CAA section 172(c)(3), states
2008 8-hour ozone national ambient air
are required to submit a comprehensive,
quality standard (NAAQS). The State of I. Background accurate, and current inventory of actual
Maryland submitted the emission
Ground level ozone is formed when emissions from all sources (point,
inventory, which included the ozone
NOX and VOC react in the presence of nonpoint, nonroad, and onroad) of the
precursors, nitrogen oxides (NOX) and
sunlight. NOX and VOC are referred to relevant pollutant or pollutants in the
volatile organic compounds (VOC), as
as ozone precursors and are emitted by nonattainment area. CAA section
well as several other pollutants, through
many types of pollution sources, 182(a)(1) requires that areas designated
the Maryland Department of the
including motor vehicles, power plants, as nonattainment and classified as
Environment (MDE) to meet the
industrial facilities, and area wide marginal submit an inventory of all
nonattainment requirements for
sources, such as consumer products and sources of ozone precursors no later
marginal ozone nonattainment areas for
lawn and garden equipment. Scientific than 2 years after the effective date of
the 2008 8-hour ozone NAAQS. EPA is
evidence indicates that adverse public designation. EPA’s guidance for
approving the 2011 base year emissions
health effects occur following exposure emissions inventory development calls
inventory for the 2008 8-hour ozone
to ozone. These effects are more for actual emissions to be used in the
NAAQS as a revision to the Maryland
pronounced in children and adults with base year inventory. The state must
State Implementation Plan (SIP) as the
lung disease. Breathing air containing report annual emissions as well as
inventory for NOX and VOC is in
ozone can reduce lung function and ‘‘summer day emissions.’’ As defined in
accordance with the requirements of the 40 CFR 51.900(v), ‘‘summer day
Clean Air Act (CAA). inflame airways, which can increase
respiratory symptoms and aggravate emissions’’ means, ‘‘an average day’s
DATES: This rule is effective on emissions for a typical summer work
November 24, 2017 without further asthma or other lung diseases. In
response to this scientific evidence, EPA weekday. The state will select the
notice, unless EPA receives adverse particular month(s) in summer and the
written comment by October 25, 2017. promulgated the first ozone NAAQS in
1979, the 0.12 part per million (ppm) 1- day(s) in the work week to be
If EPA receives such comments, it will represented.’’
publish a timely withdrawal of the hour ozone NAAQS. See 44 FR 8202
On January 19, 2017, MDE submitted
direct final rule in the Federal Register (February 8, 1979). EPA had previously
a formal revision (SIP #16–15) to its SIP.
and inform the public that the rule will promulgated a NAAQS for total
The SIP revision consists of the 2011
not take effect. photochemical oxidants.
base year inventory for the Maryland
ADDRESSES: Submit your comments, On July 18, 1997, EPA promulgated a portion of the Philadelphia-Wilmington-
identified by Docket ID No. EPA–R03– revised ozone NAAQS of 0.08 ppm, Atlantic City nonattainment area for the
OAR–2017–0149 at https:// averaged over eight hours. 62 FR 38855. 2008 8-hour ozone NAAQS. MDE
www.regulations.gov, or via email to This 8-hour ozone NAAQS was selected 2011 as its base year for SIP
stahl.cynthia@epa.gov. For comments determined to be more protective of planning purposes, as recommended in
submitted at Regulations.gov, follow the public health than the previous 1979 1- EPA’s final rule, ‘‘Implementation of the
online instructions for submitting hour ozone NAAQS. In 2008, EPA 2008 National Ambient Air Quality
asabaliauskas on DSKBBXCHB2PROD with RULES
comments. Once submitted, comments revised the 8-hour ozone NAAQS from Standards for Ozone: State
cannot be edited or removed from 0.08 to 0.075 ppm. See 73 FR 16436 Implementation Plan Requirements.’’
Regulations.gov. For either manner of (March 27, 2008).1 See 80 FR 12263 (March 6, 2015). MDE’s
submission, EPA may publish any 2011 base year inventory includes
1 On October 1, 2015, EPA strengthened the 8-
comment received to its public docket. emissions estimates covering the general
hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
Do not submit electronically any (October 16, 2015). This rulemaking addresses the
source categories of stationary point,
information you consider to be 2008 8-hour ozone NAAQS and does not address area (nonpoint), nonroad mobile, onroad
confidential business information (CBI) the 2015 8-hour ozone NAAQS. mobile, and Marine-Air-Rail (M–A–R).
VerDate Sep<11>2014 16:53 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1](https://thefederalregister.org/doc/82_FR_44706/page/1.svg)
![44524 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
proposed rule. EPA will not institute a Technology Transfer and Advancement shall not postpone the effectiveness of
second comment period on this action. Act of 1995 (15 U.S.C. 272 note) because such rule or action. Parties with
Any parties interested in commenting application of those requirements would objections to this direct final rule are
must do so at this time. be inconsistent with the CAA; and encouraged to file a comment in
• does not provide EPA with the response to the parallel notice of
IV. Statutory and Executive Order discretionary authority to address, as proposed rulemaking for this action
Reviews appropriate, disproportionate human published in the proposed rules section
A. General Requirements health or environmental effects, using of this Federal Register, rather than file
practicable and legally permissible an immediate petition for judicial
Under the CAA, the Administrator is
methods, under Executive Order 12898 review of this direct final rule, so that
required to approve a SIP submission
(59 FR 7629, February 16, 1994). EPA can withdraw this direct final rule
that complies with the provisions of the In addition, this rule does not have
CAA and applicable federal regulations. and address the comment in the
tribal implications as specified by proposed rulemaking action.
42 U.S.C. 7410(k); 40 CFR 52.02(a). Executive Order 13175 (65 FR 67249,
Thus, in reviewing SIP submissions, This action approving Maryland’s
November 9, 2000), because the SIP is 2011 base year inventory for the 2008 8-
EPA’s role is to approve state choices, not approved to apply in Indian country
provided that they meet the criteria of hour ozone NAAQS for the Maryland
located in the state, and EPA notes that
the CAA. Accordingly, this action portion of the Philadelphia-Wilmington-
it will not impose substantial direct
merely approves state law as meeting Atlantic City nonattainment area may
costs on tribal governments or preempt
federal requirements and does not not be challenged later in proceedings to
tribal law.
impose additional requirements beyond enforce its requirements. (See section
those imposed by state law. For that B. Submission to Congress and the 307(b)(2).)
reason, this action: Comptroller General
List of Subjects in 40 CFR Part 52
• Is not a ‘‘significant regulatory The Congressional Review Act, 5
action’’ subject to review by the Office U.S.C. 801 et seq., as added by the Small Environmental protection, Air
of Management and Budget under Business Regulatory Enforcement pollution control, Incorporation by
Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides reference, Nitrogen dioxide, Ozone,
October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the Reporting and recordkeeping
January 21, 2011); agency promulgating the rule must requirements, Volatile organic
• does not impose an information submit a rule report, which includes a compounds.
collection burden under the provisions copy of the rule, to each House of the Dated: September 8, 2017.
of the Paperwork Reduction Act (44 Congress and to the Comptroller General Cecil Rodrigues,
U.S.C. 3501 et seq.); of the United States. EPA will submit a Acting Regional Administrator, Region III.
• is certified as not having a report containing this action and other
significant economic impact on a required information to the U.S. Senate, 40 CFR part 52 is amended as follows:
substantial number of small entities the U.S. House of Representatives, and
under the Regulatory Flexibility Act (5 the Comptroller General of the United PART 52—APPROVAL AND
U.S.C. 601 et seq.); States prior to publication of the rule in PROMULGATION OF
• does not contain any unfunded the Federal Register. A major rule IMPLEMENTATION PLANS
mandate or significantly or uniquely cannot take effect until 60 days after it
affect small governments, as described is published in the Federal Register. ■ 1. The authority citation for part 52
in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as continues to read as follows:
of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). Authority: 42 U.S.C. 7401 et seq.
• does not have federalism
implications as specified in Executive C. Petitions for Judicial Review Subpart V—Maryland
Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA,
1999); petitions for judicial review of this ■ 2. In § 52.1070, the table in paragraph
• is not an economically significant action must be filed in the United States (e) is amended by adding an entry for
regulatory action based on health or Court of Appeals for the appropriate ‘‘2011 Base Year Inventory for the 2008
safety risks subject to Executive Order circuit by November 24, 2017. Filing a 8-Hour Ozone National Ambient Air
13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the Quality Standard’’ at the end of the table
• is not a significant regulatory action Administrator of this final rule does not to read as follows:
subject to Executive Order 13211 (66 FR affect the finality of this action for the
28355, May 22, 2001); purposes of judicial review nor does it § 52.1070 Identification of plan.
• is not subject to requirements of extend the time within which a petition * * * * *
Section 12(d) of the National for judicial review may be filed, and (e) * * *
State submittal Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
date explanation
* * * * * * *
asabaliauskas on DSKBBXCHB2PROD with RULES
2011 Base Year Inventory for the 2008 8- Maryland portion of the Philadelphia-Wil- 01/19/2017 09/25/2017, [Insert § 52.1075(q).
Hour Ozone National Ambient Air Qual- mington-Atlantic City, PA-NJ-DE-MD Federal Register
ity Standard. 2008 ozone nonattainment area. citation].
■ 3. Section 52.1075 is amended by § 52.1075 Base year emissions inventory. (q) EPA approves, as a revision to the
adding paragraph (q) to read as follows: * * * * * Maryland state implementation plan the
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![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44525
2011 base year emissions inventory for approving these SIP revisions in trading programs, respectively, from the
the Maryland portion of the accordance with the requirements of the West Virginia SIP. The submittal
Philadelphia-Wilmington-Atlantic City Clean Air Act (CAA). pertaining to removal of the CAIR ozone
marginal nonattainment area for the DATES: This rule is effective on season NOX trading program is not a
2008 8-hour ozone national ambient air December 26, 2017 without further part of this action and will be addressed
quality standards submitted by the notice, unless EPA receives adverse in a separate action.
Maryland Department of the written comment by October 25, 2017. I. Background
Environment on January 19, 2017, as If EPA receives such comments, it will
amended July 20, 2017. The 2011 base publish a timely withdrawal of the In 2005, EPA promulgated CAIR (70
year emissions inventory includes direct final rule in the Federal Register FR 25162, May 12, 2005) to address
emissions estimates that cover the and inform the public that the rule will transported emissions that significantly
general source categories of stationary not take effect. contributed to downwind states’
point, area (nonpoint), nonroad mobile, ADDRESSES: Submit your comments, nonattainment and interfered with
onroad mobile, and Marine-Air-Rail (M– identified by Docket ID No. EPA–R03– maintenance of the 1997 ozone and fine
A–R). The inventory included actual OAR–2016–0574 at https:// particulate matter (PM2.5) national
annual emissions and typical summer www.regulations.gov, or via email to ambient air quality standards (NAAQS).
day emissions for the months of May stahl.cynthia@epa.gov. For comments CAIR required 28 states, including West
through September for the ozone submitted at Regulations.gov, follow the Virginia, to reduce emissions of NOX
precursors, VOC and NOX. online instructions for submitting and SO2, precursors to the formation of
[FR Doc. 2017–20324 Filed 9–22–17; 8:45 am] comments. Once submitted, comments ambient ozone and PM2.5. Under CAIR,
BILLING CODE 6560–50–P cannot be edited or removed from EPA established federal implementation
Regulations.gov. For either manner of plans (FIPs) comprised of separate cap
submission, EPA may publish any and trade programs for annual NOX,
ENVIRONMENTAL PROTECTION comment received to its public docket. ozone season NOX, and annual SO2.
AGENCY Do not submit electronically any States could comply with the
information you consider to be requirements of CAIR by remaining on
40 CFR Part 52 confidential business information (CBI) the FIP, which applied only to electric
or other information whose disclosure is generating units (EGUs), or by
[EPA–R03–OAR–2016–0574; FRL–9968–15–
Region 3] restricted by statute. Multimedia submitting a CAIR SIP revision that
submissions (audio, video, etc.) must be included as trading sources EGUs and
Approval and Promulgation of Air accompanied by a written comment. certain non-EGUs 1 that formerly traded
Quality Implementation Plans; West The written comment is considered the in the NOX Budget Trading Program
Virginia; Removal of Clean Air official comment and should include under the NOX SIP Call.2 West Virginia
Interstate Rule Trading Programs discussion of all points you wish to submitted, and EPA approved, a CAIR
Replaced by Cross-State Air Pollution make. EPA will generally not consider SIP revision that included EGUs and
Rule Trading Programs comments or comment contents located certain non-EGUs as part of the State’s
outside of the primary submission (i.e. regulation for the CAIR ozone season
AGENCY: Environmental Protection trading program as well as EGUs in the
on the web, cloud, or other file sharing
Agency (EPA). CAIR annual trading program for NOX
system). For additional submission
ACTION: Direct final rule. and SO2. See 74 FR 38536 (August 4,
methods, please contact the person
SUMMARY: The Environmental Protection identified in the FOR FURTHER 2009).
INFORMATION CONTACT section. For the The United States Court of Appeals
Agency (EPA) is taking direct final
full EPA public comment policy, for the District of Columbia Circuit (D.C.
action to approve two state
information about CBI or multimedia Circuit) initially vacated CAIR in 2008,3
implementation plan (SIP) revisions
submitted by the State of West Virginia. submissions, and general guidance on but ultimately remanded the rule to EPA
These revisions pertain to two West making effective comments, please visit without vacatur to preserve the
Virginia regulations that established http://www2.epa.gov/dockets/ environmental benefits provided by
trading programs under the Clean Air commenting-epa-dockets. CAIR.4 The ruling allowed CAIR to
Interstate Rule (CAIR). The EPA- FOR FURTHER INFORMATION CONTACT: remain in effect temporarily until a
administered trading programs under Marilyn Powers, (215) 814–2308, or by replacement rule consistent with the
CAIR were discontinued on December email at powers.marilyn@epa.gov. Court’s opinion was developed. While
31, 2014 upon the implementation of EPA worked on developing a
SUPPLEMENTARY INFORMATION: On July
the Cross-State Air Pollution Rule replacement rule, the CAIR program
13, 2016, the State of West Virginia,
(CSAPR), which was promulgated by continued as planned with the NOX
through the West Virginia Department
EPA to replace CAIR. CSAPR of Environmental Protection (WVDEP), annual and ozone season programs
established federal implementation submitted three SIP revisions requesting 1 These non-EGUs are defined in the NO SIP Call
X
plans (FIPs) for 23 states, including EPA remove from its SIP three as stationary, fossil fuel-fired boilers, combustion
West Virginia. The submitted SIP regulations that implemented the CAIR turbines, or combined cycle systems with a
revisions request removal of regulations (70 FR 25162, May 12, 2005) trading maximum design heat input greater than 250
that implemented the CAIR annual programs: Regulation 45CSR39—Control million British thermal units per hour (MMBtu/hr).
asabaliauskas on DSKBBXCHB2PROD with RULES
2 In October 1998, EPA finalized the ‘‘Finding of
nitrogen oxide (NOX) and annual sulfur of Annual Nitrogen Oxides Emissions, Significant Contribution and Rulemaking for
dioxide (SO2) trading programs from the Regulation 45CSR40—Control of Ozone Certain States in the Ozone Transport Assessment
West Virginia SIP (as CSAPR has Season Nitrogen Oxides Emissions, and Group Region for Purposes of Reducing Regional
supplanted CAIR). West Virginia’s SIP Regulation 45CSR41—Control of Transport of Ozone’’—commonly called the NOX
SIP Call. See 63 FR 57356 (October 27, 1998).
revision submittal requesting removal of Annual Sulfur Dioxide Emissions. This 3 North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
a regulation that implemented the CAIR action pertains to the two submittals 2008).
ozone season trading program will be that remove 45CSR39 and 45CSR41, the 4 North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir.
addressed in a separate action. EPA is CAIR annual NOX and annual SO2 2008).
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Document Created: 2018-10-24 14:41:54
Document Modified: 2018-10-24 14:41:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on November 24, 2017 without further notice, unless EPA receives adverse written comment by October 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Sara Calcinore, (215) 814-2043, or by email at [email protected] | |
| FR Citation | 82 FR 44522 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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