82_FR_46187 82 FR 45997 - 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 Baltimore, Maryland Nonattainment Area

82 FR 45997 - 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 Baltimore, Maryland Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 190 (October 3, 2017)

Page Range45997-46000
FR Document2017-21106

The Environmental Protection Agency (EPA) is taking direct final action to approve the 2011 base year inventory for the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour ozone national ambient air quality standard (NAAQS). The State of Maryland submitted the emission inventory through the Maryland Department of the Environment (MDE) to meet the nonattainment requirements for moderate 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) in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 190 (Tuesday, October 3, 2017)
[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45997-46000]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21106]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0396; FRL-9968-54-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 Baltimore, Maryland 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 Baltimore, 
Maryland moderate nonattainment area for the 2008 8-hour ozone national 
ambient air quality standard (NAAQS). The State of Maryland submitted 
the emission inventory through the Maryland Department of the 
Environment (MDE) to meet the nonattainment requirements for moderate 
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) in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 4, 2017 without further 
notice, unless EPA receives adverse written comment by November 2, 
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-2017-0396 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: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Ground level ozone is formed when nitrogen oxides (NOX) 
and volatile organic compounds (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 in 1979 the first ozone NAAQS, the 0.12 part 
per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 
1979). Before the first ozone NAAQS, EPA had previously promulgated a 
NAAQS for total photochemical oxidants. See 36 FR 8186 (April 30, 
1971).
    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.

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

[[Page 45998]]

    On May 21, 2012, the Baltimore, Maryland area was designated as 
moderate nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088. 
The designation of the Baltimore, Maryland area as moderate 
nonattainment was effective July 20, 2012. The Baltimore, Maryland 
nonattainment area is comprised of Anne Arundel County, Baltimore 
County, Baltimore City, Carroll County, Harford County, and Howard 
County. 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 in its moderate 
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 account of actual emissions from 
all sources (point, nonpoint, nonroad, and onroad) in the nonattainment 
area. CAA section 182(a)(1) and (b) requires that areas designated as 
nonattainment and classified as moderate 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 December 30, 2016, MDE submitted a formal revision (SIP #16-16) 
to its SIP. The SIP revision consists of the 2011 base year inventory 
for the Baltimore, Maryland nonattainment area for the 2008 8-hour 
ozone NAAQS. In accordance with EPA's requirements for ozone SIP 
planning, ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements,'' MDE 
selected 2011 for its base year emissions inventory. 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), quasi-point, nonroad mobile, onroad mobile, and 
Marine-Air-Rail (M-A-R). In its 2011 base year inventory, MDE reported 
actual annual emissions and typical summer day emissions for the months 
of May through September for VOC, NOX, 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.
    Table 1 summarizes the 2011 VOC and NOX emission 
inventory by source sector for Maryland's moderate 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 for the Baltimore, Maryland Nonattainment Area
----------------------------------------------------------------------------------------------------------------
                                                     Ozone season daily (tpd)              Annual (tpy)
                 Source category                 ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
----------------------------------------------------------------------------------------------------------------
Point...........................................           8.228         107.676        2,153.41       16,950.46
Quasi-Point.....................................           1.080           5.383         387.102        1,946.98
Area............................................          68.093           8.502       21,827.01        5,441.14
Nonroad.........................................          38.618          28.628        9,678.69        8,799.27
Onroad..........................................           45.34          116.73       15,761.71       41,265.21
M-A-R...........................................            1.64           18.43          597.27        6,727.63
                                                 ---------------------------------------------------------------
    Anthropogenic BNAA * Subtotal...............         162.999         285.352      50,405.190      81,130.694
----------------------------------------------------------------------------------------------------------------
* Baltimore Nonattainment Area (BNAA).

    Point sources are large, stationary, and identifiable sources of 
emissions that release pollutants into the atmosphere. For the 2011 
inventory, point sources are defined as stationary commercial or 
industrial operations that emit more than 10 tpy of VOC or 25 tpy of 
NOX. 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.
    Quasi-point sources are sources that contain a wide variety of air 
emission sources, including traditional point sources, on-road mobile 
sources, off-road mobile sources, and area sources. For these sources, 
the emissions are totaled under a single point source and referred to 
as a ``quasi-point source.'' MDE identified three facilities that met 
these requirements which include the Aberdeen Proving Grounds, 
Baltimore Washington International Airport, and the Port of Baltimore.
    Nonpoint sources, also known as area sources, are sources of 
pollution that are small and numerous and have not been inventoried as 
specific point or mobile sources. For example, these sources include 
residential heating emissions and emissions from consumer solvents. To 
inventory these sources, they are grouped so that emissions can be 
estimated collectively using one methodology. MDE calculated nonpoint 
emissions for the Baltimore, Maryland 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. The 
methodologies used for nonroad source emission estimates include EPA's 
National Mobile

[[Page 45999]]

Inventory Model (NMIM--April 5, 2009) and EPA's emission factors.
    Onroad or highway sources are vehicles, such as cars, trucks, and 
buses, which are operated on public roadways. These onroad emissions 
were estimated using EPA's Motor Vehicle Emission Simulator (MOVES) 
model, version 2010a, using 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. M-A-R emissions were estimated 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 Baltimore, Maryland 
moderate nonattainment area and found them to meet the applicable 
requirements for approval under sections 110, 172(c)(3) and 182(a)(1) 
and (b) 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 Number EPA-
R03-OAR-2017-0396.

III. Final Action

    EPA is approving the Maryland SIP revision which includes the 2011 
base year inventory for the 2008 8-hour ozone NAAQS for the Baltimore, 
Maryland moderate nonattainment area because the inventory was prepared 
in accordance with requirements in sections 110, 172(c)(3) and 
182(a)(1) and (b) 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 
issue of the 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 December 4, 2017 
without further notice unless EPA receives adverse comment by November 
2, 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 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 December 4, 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 issue of the 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 Baltimore, Maryland moderate 
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.


[[Page 46000]]


    Dated: September 7, 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) * * *

                            EPA Approved Non-Regulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP      Applicable         State                                       Additional
           revision            geographic area  submittal date      EPA approval date           explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2011 Base Year Emissions       Baltimore,           12/30/2016  10/3/2017 [Insert Federal  See Sec.
 Inventory for the 2008 8-      Maryland 2008                    Register citation].        52.1075(r).
 Hour Ozone National Ambient    Ozone Moderate
 Air Quality Standard.          Nonattainment
                                Area.
----------------------------------------------------------------------------------------------------------------


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


Sec.  52.1075   Base year emissions inventory.

* * * * *
    (r) EPA approves as a revision to the Maryland state implementation 
plan the 2011 base year emissions inventory for the Baltimore, Maryland 
moderate nonattainment area for the 2008 8-hour ozone national ambient 
air quality standards submitted by the Maryland Department of the 
Environment on December 30, 2016. The 2011 base year emissions 
inventory includes emissions estimates that cover the general source 
categories of stationary point, quasi-point, area (nonpoint), nonroad 
mobile, onroad mobile, and Marine-Air-Rail (M-A-R). The inventory 
includes actual annual emissions and typical summer day emissions for 
the months of May through September for the ozone precursors, VOC and 
NOX.
[FR Doc. 2017-21106 Filed 10-2-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations                                                 45997

                                                such rule or action. This action may not                  Dated: September 21, 2017.                           Subpart PP—South Carolina
                                                be challenged later in proceedings to                   Onis ‘‘Trey’’ Glenn, III,
                                                enforce its requirements. See section                   Regional Administrator, Region 4.                      ■  2. In § 52.2120, the table in paragraph
                                                307(b)(2).                                                    40 CFR part 52 is amended as follows:            (e) is amended by adding the entry
                                                                                                                                                               ‘‘110(a)(1) and (2) Infrastructure
                                                List of Subjects in 40 CFR Part 52                                                                             Requirements for the 2010 1-hour NO2
                                                                                                        PART 52—APPROVAL AND
                                                  Environmental protection, Air                         PROMULGATION OF                                        NAAQS’’ at the end of the table to read
                                                pollution control, Incorporation by                     IMPLEMENTATION PLANS                                   as follows:
                                                reference, Intergovernmental relations,                 ■ 1. The authority citation for part 52                § 52.2120   Identification of plan.
                                                Nitrogen dioxide, Ozone, Reporting and                  continues to read as follows:                          *       *    *       *      *
                                                recordkeeping requirements.
                                                                                                            Authority: 42 U.S.C. 7401 et seq.                      (e) * * *

                                                                                                                               State
                                                                             Provision                                        effective              EPA approval date                     Explanation
                                                                                                                                date


                                                         *                     *                   *                               *                     *                       *                    *
                                                110(a)(1) and (2) Infrastructure Requirements for the 2010 1-                   12/7/2016     10/3/2017, [insert Federal          Addressing Prongs 1 and 2 of
                                                  hour NO2 NAAQS.                                                                               Register citation].                 section 110(a)(2)(D)(i) only.



                                                [FR Doc. 2017–21121 Filed 10–2–17; 8:45 am]             written comment by November 2, 2017.                   SUPPLEMENTARY INFORMATION:
                                                BILLING CODE 6560–50–P                                  If EPA receives such comments, it will
                                                                                                                                                               I. Background
                                                                                                        publish a timely withdrawal of the
                                                                                                        direct final rule in the Federal Register                 Ground level ozone is formed when
                                                ENVIRONMENTAL PROTECTION                                and inform the public that the rule will               nitrogen oxides (NOX) and volatile
                                                AGENCY                                                  not take effect.                                       organic compounds (VOC) react in the
                                                                                                                                                               presence of sunlight. NOX and VOC are
                                                40 CFR Part 52                                          ADDRESSES:   Submit your comments,                     referred to as ozone precursors and are
                                                                                                        identified by Docket ID No. EPA–R03–                   emitted by many types of pollution
                                                [EPA–R03–OAR–2017–0396; FRL–9968–54–                    OAR–2017–0396 at https://
                                                Region 3]                                                                                                      sources, including motor vehicles,
                                                                                                        www.regulations.gov, or via email to                   power plants, industrial facilities, and
                                                                                                        stahl.cynthia@epa.gov. For comments                    area wide sources, such as consumer
                                                Approval and Promulgation of Air
                                                                                                        submitted at Regulations.gov, follow the               products and lawn and garden
                                                Quality Implementation Plans;
                                                                                                        online instructions for submitting                     equipment. Scientific evidence
                                                Maryland; 2011 Base Year Inventory
                                                                                                        comments. Once submitted, comments                     indicates that adverse public health
                                                for the 2008 8-Hour Ozone National
                                                                                                        cannot be edited or removed from                       effects occur following exposure to
                                                Ambient Air Quality Standard for the
                                                                                                        Regulations.gov. For either manner of                  ozone. These effects are more
                                                Baltimore, Maryland Nonattainment
                                                                                                        submission, EPA may publish any                        pronounced in children and adults with
                                                Area
                                                                                                        comment received to its public docket.                 lung disease. Breathing air containing
                                                AGENCY: Environmental Protection                        Do not submit electronically any                       ozone can reduce lung function and
                                                Agency (EPA).                                           information you consider to be                         inflame airways, which can increase
                                                ACTION: Direct final rule.                              confidential business information (CBI)                respiratory symptoms and aggravate
                                                                                                        or other information whose disclosure is               asthma or other lung diseases. In
                                                SUMMARY:   The Environmental Protection                 restricted by statute. Multimedia                      response to this scientific evidence, EPA
                                                Agency (EPA) is taking direct final                     submissions (audio, video, etc.) must be               promulgated in 1979 the first ozone
                                                action to approve the 2011 base year                    accompanied by a written comment.                      NAAQS, the 0.12 part per million (ppm)
                                                inventory for the Baltimore, Maryland                   The written comment is considered the                  1-hour ozone NAAQS. See 44 FR 8202
                                                moderate nonattainment area for the                     official comment and should include                    (February 8, 1979). Before the first
                                                2008 8-hour ozone national ambient air                  discussion of all points you wish to                   ozone NAAQS, EPA had previously
                                                quality standard (NAAQS). The State of                  make. EPA will generally not consider                  promulgated a NAAQS for total
                                                Maryland submitted the emission                         comments or comment contents located                   photochemical oxidants. See 36 FR 8186
                                                inventory through the Maryland                          outside of the primary submission (i.e.                (April 30, 1971).
                                                Department of the Environment (MDE)                     on the web, cloud, or other file sharing                  On July 18, 1997, EPA promulgated a
                                                to meet the nonattainment requirements                  system). For additional submission                     revised ozone NAAQS of 0.08 ppm,
                                                for moderate ozone nonattainment areas                  methods, please contact the person                     averaged over eight hours. 62 FR 38855.
                                                for the 2008 8-hour ozone NAAQS. EPA                    identified in the FOR FURTHER                          This 8-hour ozone NAAQS was
                                                is approving the 2011 base year                         INFORMATION CONTACT section. For the                   determined to be more protective of
                                                emissions inventory for the 2008 8-hour                 full EPA public comment policy,                        public health than the previous 1979 1-
                                                ozone NAAQS as a revision to the                        information about CBI or multimedia                    hour ozone NAAQS. In 2008, EPA
jstallworth on DSKBBY8HB2PROD with RULES




                                                Maryland state implementation plan                      submissions, and general guidance on                   revised the 8-hour ozone NAAQS from
                                                (SIP) in accordance with the                            making effective comments, please visit                0.08 to 0.075 ppm. See 73 FR 16436
                                                requirements of the Clean Air Act                       http://www2.epa.gov/dockets/                           (March 27, 2008).1
                                                (CAA).                                                  commenting-epa-dockets.
                                                                                                                                                                 1 On October 1, 2015, EPA strengthened the 8-
                                                DATES:  This rule is effective on                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
                                                December 4, 2017 without further                        Gavin Huang, (215) 814–2042, or by                     (October 16, 2015). This rulemaking addresses the
                                                notice, unless EPA receives adverse                     email at huang.gavin@epa.gov.                                                                    Continued




                                           VerDate Sep<11>2014   17:26 Oct 02, 2017   Jkt 244001   PO 00000    Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\03OCR1.SGM   03OCR1


                                                45998                    Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                   On May 21, 2012, the Baltimore,                                           classified as moderate submit an                               emissions inventory. See 80 FR 12263
                                                Maryland area was designated as                                              inventory of all sources of ozone                              (March 6, 2015). MDE’s 2011 base year
                                                moderate nonattainment for the 2008 8-                                       precursors no later than 2 years after the                     inventory includes emissions estimates
                                                hour ozone NAAQS. 77 FR 30088. The                                           effective date of designation. EPA’s                           covering the general source categories of
                                                designation of the Baltimore, Maryland                                       guidance for emissions inventory                               stationary point, area (nonpoint), quasi-
                                                area as moderate nonattainment was                                           development calls for actual emissions                         point, nonroad mobile, onroad mobile,
                                                effective July 20, 2012. The Baltimore,                                      to be used in the base year inventory.                         and Marine-Air-Rail (M–A–R). In its
                                                Maryland nonattainment area is                                               The state must report annual emissions                         2011 base year inventory, MDE reported
                                                comprised of Anne Arundel County,                                            as well as ‘‘summer day emissions.’’ As                        actual annual emissions and typical
                                                Baltimore County, Baltimore City,                                            defined in 40 CFR 51.900(v), ‘‘summer                          summer day emissions for the months of
                                                Carroll County, Harford County, and                                          day emissions’’ means, ‘‘an average                            May through September for VOC, NOX,
                                                Howard County. Under section 172(c)(3)                                       day’s emissions for a typical summer                           and carbon monoxide (CO). Although
                                                of the CAA, Maryland is required to                                          work weekday. The state will select the                        MDE also reported annual emissions for
                                                submit a comprehensive, accurate, and                                        particular month(s) in summer and the                          fine particulate matter (PM2.5), sulfur
                                                current inventory of actual emissions                                        day(s) in the work week to be                                  dioxide (SO2), and ammonia (NH3) and
                                                from all sources of the relevant                                             represented.’’                                                 typical summer day emissions for CO,
                                                pollutants in its moderate                                                                                                                  in this approval of the 2011 base year
                                                nonattainment area.                                                             On December 30, 2016, MDE
                                                                                                                             submitted a formal revision (SIP #16–                          emissions inventory for the 2008 ozone
                                                II. Summary of SIP Revision and EPA                                          16) to its SIP. The SIP revision consists                      NAAQS, EPA is approving only relevant
                                                Analysis                                                                     of the 2011 base year inventory for the                        ozone precursors, which are VOC and
                                                   Under CAA section 172(c)(3), states                                       Baltimore, Maryland nonattainment area                         NOX.
                                                are required to submit a comprehensive,                                      for the 2008 8-hour ozone NAAQS. In                               Table 1 summarizes the 2011 VOC
                                                accurate, and current account of actual                                      accordance with EPA’s requirements for                         and NOX emission inventory by source
                                                emissions from all sources (point,                                           ozone SIP planning, ‘‘Implementation of                        sector for Maryland’s moderate
                                                nonpoint, nonroad, and onroad) in the                                        the 2008 National Ambient Air Quality                          nonattainment area. Annual emissions
                                                nonattainment area. CAA section                                              Standards for Ozone: State                                     are given in tons per year (tpy) and
                                                182(a)(1) and (b) requires that areas                                        Implementation Plan Requirements,’’                            summer weekday emissions are given
                                                designated as nonattainment and                                              MDE selected 2011 for its base year                            by tons per day (tpd).

                                                                      TABLE 1—SUMMARY OF 2011 EMISSIONS FOR THE BALTIMORE, MARYLAND NONATTAINMENT AREA
                                                                                                                                                                                    Ozone                              Annual
                                                                                                                                                                                  season daily                          (tpy)
                                                                                              Source category                                                                        (tpd)
                                                                                                                                                                                                                 VOC             NOX
                                                                                                                                                                               VOC               NOX

                                                Point .................................................................................................................           8.228           107.676         2,153.41       16,950.46
                                                Quasi-Point ......................................................................................................                1.080             5.383          387.102        1,946.98
                                                Area .................................................................................................................           68.093             8.502        21,827.01        5,441.14
                                                Nonroad ...........................................................................................................              38.618            28.628         9,678.69        8,799.27
                                                Onroad .............................................................................................................              45.34            116.73        15,761.71       41,265.21
                                                M–A–R .............................................................................................................                1.64             18.43           597.27        6,727.63

                                                      Anthropogenic BNAA * Subtotal ...............................................................                             162.999           285.352       50,405.190      81,130.694
                                                   * Baltimore Nonattainment Area (BNAA).


                                                  Point sources are large, stationary,                                       sources, on-road mobile sources, off-                          estimated collectively using one
                                                and identifiable sources of emissions                                        road mobile sources, and area sources.                         methodology. MDE calculated nonpoint
                                                that release pollutants into the                                             For these sources, the emissions are                           emissions for the Baltimore, Maryland
                                                atmosphere. For the 2011 inventory,                                          totaled under a single point source and                        nonattainment area by multiplying
                                                point sources are defined as stationary                                      referred to as a ‘‘quasi-point source.’’                       emissions factors specific for each
                                                commercial or industrial operations that                                     MDE identified three facilities that met                       source category with some known
                                                emit more than 10 tpy of VOC or 25 tpy                                       these requirements which include the                           indicator of collective activity for each
                                                of NOX. Maryland obtained its point                                          Aberdeen Proving Grounds, Baltimore                            source category, such as population or
                                                source data from the MDE Air and                                             Washington International Airport, and                          employment data.
                                                Radiation Management Administration                                          the Port of Baltimore.
                                                (ARMA) point source emissions                                                  Nonpoint sources, also known as area                           Nonroad sources are mobile sources
                                                inventory. ARMA identifies and                                               sources, are sources of pollution that are                     other than onroad vehicles, including
                                                inventories stationary sources for the                                       small and numerous and have not been                           aircraft, locomotives, construction and
                                                point source emissions inventory                                             inventoried as specific point or mobile                        agricultural equipment, and marine
                                                through inspections, investigations,                                         sources. For example, these sources                            vessels. Emissions from different source
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                                                permitting, and equipment registrations.                                     include residential heating emissions                          categories are calculated using various
                                                  Quasi-point sources are sources that                                       and emissions from consumer solvents.                          methodologies. The methodologies used
                                                contain a wide variety of air emission                                       To inventory these sources, they are                           for nonroad source emission estimates
                                                sources, including traditional point                                         grouped so that emissions can be                               include EPA’s National Mobile


                                                2008 8-hour ozone NAAQS and does not address
                                                the 2015 8-hour ozone NAAQS.


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                                                                  Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations                                         45999

                                                Inventory Model (NMIM—April 5, 2009)                    IV. Statutory and Executive Order                     costs on tribal governments or preempt
                                                and EPA’s emission factors.                             Reviews                                               tribal law.
                                                   Onroad or highway sources are
                                                vehicles, such as cars, trucks, and buses,              A. General Requirements                               B. Submission to Congress and the
                                                which are operated on public roadways.                     Under the CAA, the Administrator is                Comptroller General
                                                These onroad emissions were estimated                   required to approve a SIP submission
                                                                                                                                                                 The Congressional Review Act, 5
                                                using EPA’s Motor Vehicle Emission                      that complies with the provisions of the
                                                                                                                                                              U.S.C. 801 et seq., as added by the Small
                                                Simulator (MOVES) model, version                        CAA and applicable federal regulations.
                                                                                                                                                              Business Regulatory Enforcement
                                                2010a, using appropriate activity levels,               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                                                                              Fairness Act of 1996, generally provides
                                                such as vehicle miles traveled (VMT)                    Thus, in reviewing SIP submissions,
                                                                                                                                                              that before a rule may take effect, the
                                                estimates developed from vehicle count                  EPA’s role is to approve state choices,
                                                                                                                                                              agency promulgating the rule must
                                                data maintained by the State Highway                    provided that they meet the criteria of
                                                                                                                                                              submit a rule report, which includes a
                                                Administration (SHA) of the Maryland                    the CAA. Accordingly, this action
                                                                                                                                                              copy of the rule, to each House of the
                                                Department of Transportation (MDOT).                    merely approves state law as meeting
                                                   M–A–R sources include marine                                                                               Congress and to the Comptroller General
                                                                                                        federal requirements and does not
                                                vessels, airports, and railroad                                                                               of the United States. EPA will submit a
                                                                                                        impose additional requirements beyond
                                                locomotives. M–A–R emissions were                                                                             report containing this action and other
                                                                                                        those imposed by state law. For that
                                                estimated using data from surveyed                                                                            required information to the U.S. Senate,
                                                                                                        reason, this action:
                                                                                                                                                              the U.S. House of Representatives, and
                                                sources or state and federal reporting                     • Is not a ‘‘significant regulatory
                                                agencies.                                                                                                     the Comptroller General of the United
                                                                                                        action’’ subject to review by the Office
                                                   EPA reviewed Maryland’s 2011 base                                                                          States prior to publication of the rule in
                                                                                                        of Management and Budget under
                                                year emission inventory’s results,                                                                            the Federal Register. A major rule
                                                                                                        Executive Orders 12866 (58 FR 51735,
                                                procedures, and methodologies for the                                                                         cannot take effect until 60 days after it
                                                                                                        October 4, 1993) and 13563 (76 FR 3821,
                                                Baltimore, Maryland moderate                                                                                  is published in the Federal Register.
                                                                                                        January 21, 2011);
                                                nonattainment area and found them to                       • does not impose an information                   This action is not a ‘‘major rule’’ as
                                                meet the applicable requirements for                    collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                                approval under sections 110, 172(c)(3)                  of the Paperwork Reduction Act (44                    C. Petitions for Judicial Review
                                                and 182(a)(1) and (b) of the CAA. EPA’s                 U.S.C. 3501 et seq.);
                                                review and analysis is detailed in a                       • is certified as not having a                        Under section 307(b)(1) of the CAA,
                                                Technical Support Document (TSD)                        significant economic impact on a                      petitions for judicial review of this
                                                prepared for this rulemaking. The TSD                   substantial number of small entities                  action must be filed in the United States
                                                is available online at http://                          under the Regulatory Flexibility Act (5               Court of Appeals for the appropriate
                                                www.regulations.gov, Docket Number                      U.S.C. 601 et seq.);                                  circuit by December 4, 2017. Filing a
                                                EPA–R03–OAR–2017–0396.                                     • does not contain any unfunded                    petition for reconsideration by the
                                                III. Final Action                                       mandate or significantly or uniquely                  Administrator of this final rule does not
                                                                                                        affect small governments, as described                affect the finality of this action for the
                                                   EPA is approving the Maryland SIP                    in the Unfunded Mandates Reform Act                   purposes of judicial review nor does it
                                                revision which includes the 2011 base                   of 1995 (Pub. L. 104–4);                              extend the time within which a petition
                                                year inventory for the 2008 8-hour                         • does not have federalism                         for judicial review may be filed, and
                                                ozone NAAQS for the Baltimore,                          implications as specified in Executive                shall not postpone the effectiveness of
                                                Maryland moderate nonattainment area                    Order 13132 (64 FR 43255, August 10,                  such rule or action. Parties with
                                                because the inventory was prepared in                   1999);                                                objections to this direct final rule are
                                                accordance with requirements in                            • is not an economically significant               encouraged to file a comment in
                                                sections 110, 172(c)(3) and 182(a)(1) and               regulatory action based on health or                  response to the parallel notice of
                                                (b) of the CAA and its implementing                     safety risks subject to Executive Order               proposed rulemaking for this action
                                                regulations including 40 CFR 51.915.                    13045 (62 FR 19885, April 23, 1997);                  published in the proposed rules section
                                                EPA is publishing this rule without                        • is not a significant regulatory action           of this issue of the Federal Register,
                                                prior proposal because EPA views this                   subject to Executive Order 13211 (66 FR               rather than file an immediate petition
                                                as a noncontroversial amendment and                     28355, May 22, 2001);                                 for judicial review of this direct final
                                                anticipates no adverse comment.                            • is not subject to requirements of                rule, so that EPA can withdraw this
                                                However, in the ‘‘Proposed Rules’’                      Section 12(d) of the National                         direct final rule and address the
                                                section of this issue of the Federal                    Technology Transfer and Advancement                   comment in the proposed rulemaking
                                                Register, EPA is publishing a separate                  Act of 1995 (15 U.S.C. 272 note) because              action.
                                                document that will serve as the proposal                application of those requirements would
                                                to approve the SIP revision if adverse                  be inconsistent with the CAA; and                        This action approving Maryland’s
                                                comments are filed. This rule will be                      • does not provide EPA with the                    2011 base year inventory for the 2008 8-
                                                effective on December 4, 2017 without                   discretionary authority to address, as                hour ozone NAAQS for the Baltimore,
                                                further notice unless EPA receives                      appropriate, disproportionate human                   Maryland moderate nonattainment area
                                                adverse comment by November 2, 2017.                    health or environmental effects, using                may not be challenged later in
                                                If EPA receives adverse comment, EPA                    practicable and legally permissible                   proceedings to enforce its requirements.
                                                will publish a timely withdrawal in the                 methods, under Executive Order 12898                  (See section 307(b)(2)).
                                                Federal Register informing the public                   (59 FR 7629, February 16, 1994).                      List of Subjects in 40 CFR Part 52
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                                                that the rule will not take effect. EPA                    In addition, this rule does not have
                                                will address all public comments in a                   tribal implications as specified by                     Environmental protection, Air
                                                subsequent final rule based on the                      Executive Order 13175 (65 FR 67249,                   pollution control, Incorporation by
                                                proposed rule. EPA will not institute a                 November 9, 2000), because the SIP is                 reference, Nitrogen dioxide, Ozone,
                                                second comment period on this action.                   not approved to apply in Indian country               Reporting and recordkeeping
                                                Any parties interested in commenting                    located in the state, and EPA notes that              requirements, Volatile organic
                                                must do so at this time.                                it will not impose substantial direct                 compounds.


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                                                46000             Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations

                                                  Dated: September 7, 2017.                                 Authority: 42 U.S.C. 7401 et seq.                 § 52.1070    Identification of plan.
                                                Cecil Rodrigues,                                                                                              *       *    *      *        *
                                                Acting Regional Administrator, Region III.              Subpart V—Maryland
                                                                                                                                                                  (e) * * *
                                                    40 CFR part 52 is amended as follows:
                                                                                                        ■  2. In § 52.1070, the table in paragraph
                                                PART 52—APPROVAL AND                                    (e) is amended by adding an entry for
                                                PROMULGATION OF                                         ‘‘2011 Base Year Inventory for the 2008
                                                IMPLEMENTATION PLANS                                    8-Hour Ozone National Ambient Air
                                                                                                        Quality Standard’’ at the end of the table
                                                ■ 1. The authority citation for part 52                 to read as follows:
                                                continues to read as follows:

                                                                                  EPA APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
                                                                                                                                                      State                                        Additional
                                                    Name of non-regulatory SIP revision                  Applicable geographic area                                    EPA approval date
                                                                                                                                                   submittal date                                 explanation


                                                         *                    *                            *                   *                         *                     *                      *
                                                2011 Base Year Emissions Inventory for             Baltimore, Maryland 2008 Ozone Mod-                 12/30/2016   10/3/2017 [Insert          See § 52.1075(r).
                                                  the 2008 8-Hour Ozone National Am-                 erate Nonattainment Area.                                        Federal Register
                                                  bient Air Quality Standard.                                                                                         citation].



                                                ■ 3. Section 52.1075 is amended by                      ACTION:  Temporary rule; inseason                     Conservation of Atlantic Tunas (ICCAT)
                                                adding paragraph (r) to read as follows:                General category bluefin tuna quota                   and as implemented by the United
                                                                                                        transfer.                                             States among the various domestic
                                                § 52.1075    Base year emissions inventory.                                                                   fishing categories, per the allocations
                                                *     *     *     *    *                                SUMMARY:   NMFS is transferring 156.4                 established in the 2006 Consolidated
                                                  (r) EPA approves as a revision to the                 metric tons (mt) of Atlantic bluefin tuna             Highly Migratory Species Fishery
                                                Maryland state implementation plan the                  (BFT) quota from the Reserve category                 Management Plan (2006 Consolidated
                                                2011 base year emissions inventory for                  to the General category for the                       HMS FMP) (71 FR 58058, October 2,
                                                the Baltimore, Maryland moderate                        remainder of the 2017 fishing year, to                2006), as amended by Amendment 7 to
                                                nonattainment area for the 2008 8-hour                  account for overharvests of the January,              the 2006 Consolidated HMS FMP
                                                ozone national ambient air quality                      June through August, and September                    (Amendment 7) (79 FR 71510, December
                                                standards submitted by the Maryland                     subquotas. This action is intended to                 2, 2014). NMFS is required under ATCA
                                                Department of the Environment on                        preserve the opportunity for General                  and the Magnuson-Stevens Act to
                                                December 30, 2016. The 2011 base year                   category fishermen to participate in the              provide U.S. fishing vessels with a
                                                emissions inventory includes emissions                  October through November and                          reasonable opportunity to harvest the
                                                estimates that cover the general source                 December General category fisheries to                ICCAT-recommended quota.
                                                categories of stationary point, quasi-                  the extent that transferrable quota is
                                                                                                        available and is based on consideration                  The base quota for the General
                                                point, area (nonpoint), nonroad mobile,                                                                       category is 466.7 mt, as established in
                                                onroad mobile, and Marine-Air-Rail (M–                  of the regulatory determination criteria
                                                                                                        regarding inseason adjustments and                    the 2015 BFT quota final rule (80 FR
                                                A–R). The inventory includes actual                                                                           52198, August 28, 2015). See
                                                annual emissions and typical summer                     applies to Atlantic tunas General
                                                                                                        category (commercial) permitted vessels               § 635.27(a). Each of the General category
                                                day emissions for the months of May                                                                           time periods (January, June through
                                                through September for the ozone                         and Highly Migratory Species (HMS)
                                                                                                        Charter/Headboat category permitted                   August, September, October through
                                                precursors, VOC and NOX.                                                                                      November, and December) is allocated a
                                                [FR Doc. 2017–21106 Filed 10–2–17; 8:45 am]             vessels when fishing commercially for
                                                                                                        BFT.                                                  ‘‘subquota’’ or portion of the annual
                                                BILLING CODE 6560–50–P
                                                                                                                                                              General category quota. Although it is
                                                                                                        DATES: The quota transfer is effective                called the ‘‘January’’ subquota, the
                                                                                                        September 28, 2017 through December                   regulations allow the General category
                                                DEPARTMENT OF COMMERCE                                  31, 2017.                                             fishery under this quota to continue
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      until the subquota is reached or March
                                                National Oceanic and Atmospheric                        Sarah McLaughlin or Brad McHale,                      31, whichever comes first. The
                                                Administration                                          978–281–9260.                                         subquotas for each time period are as
                                                                                                        SUPPLEMENTARY INFORMATION:                            follows: 24.7 mt for January; 233.3 mt
                                                50 CFR Part 635                                         Regulations implemented under the                     for June through August; 123.7 mt for
                                                                                                        authority of the Atlantic Tunas                       September; 60.7 mt for October through
                                                [Docket No. 150121066–5717–02]                          Convention Act (ATCA; 16 U.S.C. 971 et                November; and 24.3 mt for December.
                                                                                                        seq.) and the Magnuson-Stevens Fishery                Any unused General category quota
                                                RIN 0648–XF724                                          Conservation and Management Act                       rolls forward within the fishing year,
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                                                Atlantic Highly Migratory Species;                      (Magnuson-Stevens Act; 16 U.S.C. 1801                 which coincides with the calendar year,
                                                Atlantic Bluefin Tuna Fisheries                         et seq.) governing the harvest of BFT by              from one time period to the next, and
                                                                                                        persons and vessels subject to U.S.                   is available for use in subsequent time
                                                AGENCY:  National Marine Fisheries                      jurisdiction are found at 50 CFR part                 periods. On December 19, 2016, NMFS
                                                Service (NMFS), National Oceanic and                    635. Section 635.27 subdivides the U.S.               published an inseason action
                                                Atmospheric Administration (NOAA),                      BFT quota recommended by the                          transferring 16.3 mt of BFT quota from
                                                Commerce.                                               International Commission for the                      the December 2017 subquota to the


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Document Created: 2017-10-03 01:01:35
Document Modified: 2017-10-03 01:01:35
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
ActionDirect final rule.
DatesThis rule is effective on December 4, 2017 without further notice, unless EPA receives adverse written comment by November 2, 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.
ContactGavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation82 FR 45997 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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