83_FR_39172 83 FR 39019 - Air Plan Approval; District of Columbia, Maryland, and Virginia; Maryland and Virginia Redesignation Requests and District of Columbia, Maryland, and Virginia Maintenance Plan for the Washington, DC-MD-VA 2008 Ozone Standard Nonattainment Area

83 FR 39019 - Air Plan Approval; District of Columbia, Maryland, and Virginia; Maryland and Virginia Redesignation Requests and District of Columbia, Maryland, and Virginia Maintenance Plan for the Washington, DC-MD-VA 2008 Ozone Standard Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39019-39035
FR Document2018-16882

The Environmental Protection Agency (EPA) is proposing to approve the requests from the State of Maryland (Maryland) and the Commonwealth of Virginia (Virginia) to redesignate to attainment their respective portions of the Washington, DC-MD-VA nonattainment area (hereafter ``the Washington Area'' or ``the Area'') for the 2008 8-hour ozone national ambient air quality standard (NAAQS or standard) (also referred to as the 2008 ozone NAAQS). EPA is not proposing to approve the redesignation request for the District of Columbia (the District) for its portion of the Area; EPA will address the District's redesignation request for its portion of the Area in a separate rulemaking action. EPA is also proposing to approve, as a revision to the District's, Maryland's, and Virginia's state implementation plans (SIPs), the joint maintenance plan submitted by the District, Maryland, and Virginia. The joint maintenance plan demonstrates maintenance of the 2008 ozone NAAQS through 2030 in the Washington Area. Approval of a maintenance plan is among the CAA criteria for redesignation to attainment, as discussed in more detail in this notice. The Washington Area maintenance plan includes motor vehicle emissions budgets (MVEBs) for the 2008 ozone NAAQS for nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOCs), which are precursors to ozone. EPA has found the MVEBs adequate and is proposing to approve, as a SIP revision, these 2014, 2025, and 2030 NO<INF>X</INF> and VOC MVEBs for the Washington Area.

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39019-39035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16882]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0215; FRL-9981-75--Region 3]


Air Plan Approval; District of Columbia, Maryland, and Virginia; 
Maryland and Virginia Redesignation Requests and District of Columbia, 
Maryland, and Virginia Maintenance Plan for the Washington, DC-MD-VA 
2008 Ozone Standard Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the requests from the State of Maryland (Maryland) and the 
Commonwealth of Virginia (Virginia) to redesignate to attainment their 
respective portions of the Washington, DC-MD-VA nonattainment area 
(hereafter ``the Washington Area'' or ``the Area'') for the 2008 8-hour 
ozone national ambient air quality standard (NAAQS or standard) (also 
referred to as the 2008 ozone NAAQS). EPA is not proposing to approve 
the redesignation request for the District of Columbia (the District) 
for its portion of the Area; EPA will address the District's 
redesignation request for its portion of the Area in a separate 
rulemaking action. EPA is also proposing to approve, as a revision to 
the District's, Maryland's, and Virginia's state implementation plans 
(SIPs), the joint maintenance plan submitted by the District, Maryland, 
and Virginia. The joint maintenance plan demonstrates maintenance of 
the 2008 ozone NAAQS through 2030 in the Washington Area. Approval of a 
maintenance plan is among the CAA criteria for redesignation to 
attainment, as discussed in more detail in this notice. The Washington 
Area maintenance plan includes motor vehicle emissions budgets (MVEBs) 
for the 2008 ozone NAAQS for nitrogen oxides (NOX) and 
volatile organic compounds (VOCs), which are precursors to ozone. EPA 
has found the MVEBs adequate and is proposing to approve, as a SIP 
revision, these 2014, 2025, and 2030 NOX and VOC MVEBs for 
the Washington Area.

DATES: Written comments must be received on or before September 7, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0215 at https://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by 
email at calcinore.sara@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What are the actions EPA is proposing?
II. What is the background for these proposed actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of Maryland's and Virginia's 
redesignation requests for the Washington Area?
    A. Has the Washington Area attained the 2008 ozone NAAQS?

[[Page 39020]]

    B. Have Maryland and Virginia met all applicable requirements of 
section 110 and part D of the CAA for the Washington Area and does 
the Washington Area have a fully approved SIP under section 110(k) 
of the CAA?
    C. Are the air quality improvements in the Washington Area due 
to permanent and enforceable emission reductions?
    D. Do the District, Maryland, and Virginia have fully approvable 
ozone maintenance plans for the Washington Area?
V. Have the District, Maryland, and Virginia adopted approvable 
MVEBs?
    A. What are the MVEBs?
    B. What is the status of EPA's adequacy determination for the 
proposed 2025 and 2030 VOC and NOX MVEBs for the 
Washington Area?
    C. What is a safety margin and how was it allocated?
VI. Proposed Action
VII. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia
VIII. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing?

    On March 12, 2018, January 29, 2018, and January 3, 2018, the 
District, Maryland, and Virginia, respectively, formally submitted a 
request to redesignate their portions of the Washington Area from 
marginal nonattainment to attainment for the 2008 ozone NAAQS. 
Concurrently, the District, Maryland, and Virginia formally submitted, 
as a revision to their respective SIPs, a joint maintenance plan for 
the Washington Area to ensure continued attainment for at least 10 
years following redesignation. The maintenance plan includes MVEBs for 
NOX and VOC for the years 2014, 2025, and 2030. Pursuant to 
CAA section 107(d)(3), in this rulemaking action, EPA is proposing to 
approve the redesignation requests submitted by Maryland and Virginia 
for their portions of the Washington Area. EPA is not proposing to 
approve (at this time) the redesignation request from the District and 
will act on the District's redesignation request for its portion of the 
Area in a separate action. EPA is also proposing to approve, as 
revisions to the District's, Maryland's, and Virginia's SIPs, the joint 
maintenance plan submitted by the District, Maryland, and Virginia.
    EPA is proposing to take several related actions. EPA is proposing 
to determine that Maryland and Virginia have met the requirements for 
redesignation for their respective portions of the Washington Area 
pursuant to section 107(d)(3)(E) of the CAA. EPA is therefore proposing 
to approve Maryland's and Virginia's redesignation requests and change 
the designation of their respective portions of the Washington Area 
from marginal nonattainment to attainment for the 2008 ozone NAAQS. EPA 
is also proposing to approve, as revisions to the District's, 
Maryland's, and Virginia's SIPs, the joint Washington Area maintenance 
plan that was prepared by the Metropolitan Washington Council of 
Governments (MWCOG) and jointly submitted by the District, Maryland, 
and Virginia. The maintenance plan is designed to ensure continued 
attainment in the Washington Area for the next ten years. Additionally, 
EPA has found the submitted MVEBs adequate and is proposing to approve, 
as revisions to the District's, Maryland's, and Virginia's SIPs, the 
2014, 2025, and 2030 MVEBs for NOX and VOC for the 
Washington Area that are identified in the Washington Area maintenance 
plan. The adequacy comment period for the MVEBs began on May 21, 2018, 
with EPA's posting of the availability of the District's, Maryland's, 
and Virginia's maintenance plan submittal on EPA's Adequacy website (at 
https://www.epa.gov/state-and-local-transportation). The adequacy 
comment period for these MVEBs ended on June 20, 2018. EPA did not 
receive any adverse comments on this submittal during the adequacy 
comment period. In letters dated July 24, 2018, EPA informed the 
District, Maryland, and Virginia that the 2014, 2025, and 2030 MVEBs 
are adequate for use in transportation conformity analyses.\1\ Please 
see section V.B., ``What Is the Status of EPA's Adequacy Determination 
for the Proposed NOX and VOC MVEBs for the Washington 
Area?'', of this rulemaking for further explanation of this process.
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    \1\ EPA originally informed the District, Maryland, and Virginia 
that the 2014, 2025, and 2030 MVEBs were adequate for use in 
transportation conformity analyses in letters dated July 18, 2018. 
EPA revised language in these letters and sent the revised letters 
to the District, Maryland, and Virginia on July 24, 2018. The 
original and revised letters are available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
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II. What is the background for these proposed actions?

    Under the CAA, EPA establishes NAAQS for criteria pollutants in 
order to protect human health and the environment. In response to 
scientific evidence linking ozone exposure to adverse health effects, 
EPA promulgated the first ozone NAAQS, the 0.12 part per million (ppm) 
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA 
requires EPA to review and reevaluate the NAAQS every 5 years in order 
to consider updated information regarding the effects of the criteria 
pollutants on human health and the environment. On July 18, 1997, EPA 
promulgated a revised ozone NAAQS, referred to as the 1997 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 strengthened the 8-hour 
ozone NAAQS from 0.08 to 0.075 ppm. The 0.075 ppm standard is referred 
to as the 2008 ozone NAAQS. See 73 FR 16436 (March 27, 2008).
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS based on the most recent three years of 
quality-assured ozone monitoring data. On May 21, 2012 and June 11, 
2012, EPA designated nonattainment areas for the 2008 ozone NAAQS. 77 
FR 30088 and 77 FR 34221. Effective July 20, 2012, the Washington Area 
was designated as marginal nonattainment for the 2008 ozone NAAQS. The 
Washington Area consists of the Counties of Calvert, Charles, 
Frederick, Montgomery, and Prince George's in Maryland, the Counties of 
Arlington, Fairfax, Loudoun, and Prince William and the Cities of 
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park Cities 
in Virginia, and the District of Columbia. See 40 CFR 81.309, 81.321, 
and 81.347.
    As stated previously, on March 12, 2018, January 29, 2018, and 
January 3, 2018, the District, Maryland, and Virginia, respectively, 
formally submitted requests to redesignate their respective portions of 
the Washington Area from marginal nonattainment to attainment for the 
2008 ozone NAAQS. The District, Maryland, and Virginia concurrently 
submitted, as revisions to their SIPs, a maintenance plan for the 
Washington Area to ensure continued attainment for at least 10 years 
following redesignation. In this rulemaking action, EPA is proposing to 
approve the redesignation requests submitted by Maryland and Virginia 
for their respective portions of the Area. EPA is not proposing to 
approve the redesignation request for the District for its portion and 
will act on the redesignation request for the District in a separate 
action. EPA is also proposing to approve, as revisions to the 
District's, Maryland's, and Virginia's SIPs, the maintenance plan 
jointly submitted by the District, Maryland, and Virginia.

[[Page 39021]]

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k) of the CAA; (3) the Administrator 
determines that the improvement in air quality is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the applicable SIP, applicable federal air pollutant control 
regulations, and other permanent and enforceable emission reductions; 
(4) the Administrator has fully approved a maintenance plan for the 
area as meeting the requirements of section 175A of the CAA; and (5) 
the State containing the area has met all requirements applicable to 
the area for purposes of redesignation under section 110 and part D of 
the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSDs) for Redesignation of Ozone 
and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G.T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
7. ``State Implementation Plan (SIP) requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993 (the ``Shapiro memorandum'');
8. ``Use of Actual Emissions in Maintenance Demonstrations for Ozone 
and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, Acting 
Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. What is EPA's analysis of Maryland's and Virginia's redesignation 
requests for the Washington Area?

A. Has the Washington Area attained the 2008 ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS. See CAA section 107(d)(3)(E)(i). An area is attaining the 2008 
ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix P of part 50, based on three 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. To attain the NAAQS, the 
three-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations, referred to as ozone design values, at 
each monitor must not exceed 0.075 ppm.\2\ The air quality data must be 
collected and quality-assured in accordance with 40 CFR part 58 and 
recorded in EPA's Air Quality System (AQS). Ambient air quality 
monitoring data for the 3-year period must also meet data completeness 
requirements. An ozone design value is valid if daily maximum 8-hour 
average concentrations are available for at least 90 percent of the 
days within the ozone monitoring season,\3\ on average, for the three-
year period, with a minimum data completeness of 75 percent during the 
ozone monitoring season of any year during the three-year period. See 
section 2.3 of appendix P to 40 CFR part 50.
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    \2\ The rounding convention under 40 CFR part 50, appendix P 
dictates that concentrations shall be reported in ppm to the third 
decimal place, with additional digits to the right of the third 
decimal place truncated. Thus, a computed three-year average ozone 
concentration of 0.0759 ppm or lower would meet the standard, but 
0.0760 ppm or higher would be over the standard.
    \3\ The ozone season is defined by state in 40 CFR 58 appendix 
D. For the 2013-2015 time period, the ozone season was April-October 
for the states in the Area. Beginning in 2016, the ozone season is 
March-October for the states in the Washington Area. See 80 FR 
65292, 65466-67 (October 26, 2015).
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    As part of the final rule, ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
(SIP) Requirements,'' for the 2008 ozone NAAQS (80 FR 12264, March 6, 
2015) (hereinafter, SIP Requirements Rule), EPA modified the maximum 
attainment dates for all nonattainment areas for the 2008 ozone NAAQS 
to be consistent with the United States Court of Appeals for the 
District of Columbia Circuit's (D.C. Circuit) decision in NRDC v. EPA, 
777 F .3d 456, 464-69 (D.C. Cir. 2014).\4\ The SIP Requirements Rule 
established a maximum deadline for marginal nonattainment areas to 
attain the 2008 ozone NAAQS of three years from the effective date of 
designation, or July 20, 2015. See 80 FR at 12268; 40 CFR 51.1103.\5\
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    \4\ In a final rule published on May 21, 2012 and effective July 
20, 2012, EPA established the air quality thresholds that define the 
classification assigned to all nonattainment areas for the 2008 
ozone NAAQS (the Classifications Rule). See 77 FR 30160. This 
rulemaking also established December 31 of each relevant calendar 
year as the attainment date for all nonattainment area 
classification categories. Section 181 of the CAA provides that the 
attainment deadline for ozone nonattainment area is ``as 
expeditiously as practicable'' but no later than the prescribed 
dates that are provided in Table 1 of that section. In the 
Classifications Rule, EPA translated the deadlines in Table 1 of CAA 
section 181 for purposes of the 2008 standard by measuring those 
deadlines from the effective date of the new designations, but 
extended those deadlines by several months to December 31 of the 
corresponding calendar year. Pursuant to a challenge of EPA's 
interpretation of the attainment deadlines, on December 23, 2014, 
the D.C. Circuit issued a decision rejecting, among other things, 
the Classifications Rule's attainment deadlines for the 2008 ozone 
nonattainment areas, finding that EPA did not have statutory 
authority under the CAA to extend those deadlines to the end of the 
calendar year. NRDC v. EPA, 777 F .3d 456, 464-69 (D.C. Cir. 2014).
    \5\ On February 16, 2018, the United States Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. Court) issued an opinion 
on the SIP Requirements Rule. South Coast Air Quality Mgmt. Dist. v. 
EPA, No. 15-1115 (D.C. Cir. Feb. 16, 2018). The D.C. Cir. Court 
found certain provisions from the SIP Requirements Rule unreasonable 
including EPA's provision for a ``redesignation substitute.'' The 
D.C. Cir. Court vacated these provisions and found redesignations 
must comply with all required elements in CAA section 107(d)(3) and 
thus found the ``redesignation substitute'' which did not require 
all items in CAA section 107(d)(3)(E) violated the CAA and was thus 
unreasonable. The D.C. Cir. Court also vacated other provisions 
relating to anti-backsliding in the SIP Requirements Rule as the 
Court found them unreasonable. Id. The D.C. Circuit found other 
parts of the 2008 Ozone SIP Requirements Rule unrelated to anti-
backsliding and this action reasonable and denied the petition for 
appeal on those. Id.

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[[Page 39022]]

    In a final rulemaking action published on May 4, 2016, EPA 
determined that the Washington Area did not attain the 2008 ozone NAAQS 
by its July 20, 2015 attainment date, based on ambient air quality 
monitoring data for the 2012-2014 monitoring period. In that same 
action, EPA determined that the Washington Area qualified for a 1-year 
extension of its attainment date, as provided in section 181(a)(5) of 
the CAA and interpreted by regulation at 40 CFR 51.1107. With that 
final rulemaking action, the new attainment date for the Washington 
Area was July 20, 2016. See 81 FR 26697 (May 4, 2016).
    On November 14, 2017 (82 FR 52651), in accordance with section 
181(b)(2)(A) of the CAA and Provisions for Implementation of the 2008 
Ozone NAAQS (40 CFR part 51, subpart AA), EPA made a determination that 
the Washington Area attained the 2008 ozone NAAQS by the July 20, 2016 
attainment date. EPA's determination was based upon three years of 
complete, certified, and quality-assured data for the 2013-2015 
monitoring period.
    In addition, EPA has reviewed the most recent ambient air quality 
monitoring data for ozone in the Area, including preliminary 2017 
design values, as submitted by the District, Maryland, and Virginia and 
recorded in EPA's AQS. The quality-assured, quality-controlled, and 
state-certified 2014 to 2016 ozone air quality data shows that the 
Washington Area continues to attain the 2008 ozone NAAQS. This data, as 
well as the preliminary design values for 2017, are summarized in Table 
1 and are also included in the docket for this rulemaking available 
online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.

                Table 1--Washington Area 2014-2016 and Preliminary 2015-2017 Ozone Design Values
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                                                         Annual 4th highest reading (ppm)   2014-2016  2015-2017
                            Site                       ------------------------------------   design     design
     AQS Site ID        description      Jurisdiction                                         value      value
                                                          2014     2015     2016     2017     (ppm)    (ppm) \6\
----------------------------------------------------------------------------------------------------------------
11-001-0041 \7\.....  420 34th Street  District of      .......  .......    0.065    0.056      0.056      0.060
                       NE,              Columbia.
                       Washington, DC
                       20019.
11-001-0043.........  2500 1st Street  District of        0.068    0.072    0.072    0.071      0.070      0.071
                       NW,              Columbia.
                       Washington, DC.
11-001-0050.........  300 Van Buren    District of        0.069     0.72    0.071    0.067      0.070      0.070
                       Street NW,       Columbia.
                       Washington, DC
                       20012.
24-009-0011.........  350 Stafford     Maryland.......    0.070    0.067    0.070    0.066      0.069      0.067
                       Road.
24-017-0010.........  14320 Oaks Road  Maryland.......    0.070    0.068    0.073    0.068      0.070      0.069
24-021-0037.........  Frederick        Maryland.......    0.063    0.070    0.070    0.067      0.067      0.069
                       County Airport.
24-031-3001.........  Lathrop E.       Maryland.......    0.064    0.072    0.068    0.065      0.068      0.068
                       Smith
                       Environmental
                       Education
                       Center.
24-033-0030.........  Howard           Maryland.......    0.065    0.072    0.070    0.069      0.069      0.070
                       University's
                       Beltsville
                       Laboratory.
24-033-8003.........  PG County        Maryland.......    0.069    0.069    0.073    0.072      0.070      0.071
                       Equestrian
                       Center.
24-033-9991.........  Powder Mill      Maryland.......    0.069    0.067    0.070    0.070      0.068      0.069
                       Rd., Laurel,
                       MD 20708.
51-013-0020.........  S 18th and       Virginia.......    0.071    0.073    0.072    0.070      0.072      0.071
                       Hayes St..
51-059-0030.........  STA. 46-B9, Lee  Virginia.......    0.065    0.072    0.073    0.068      0.070      0.071
                       Park,
                       Telegraph Road.
51-107-1005.........  38-I, Broad Run  Virginia.......    0.063    0.071    0.068    0.066      0.067      0.068
                       High School,
                       Ashburn.
51-153-0009.........  James S. Long    Virginia.......    0.062    0.067    0.067    0.065      0.065      0.066
                       Park.
----------------------------------------------------------------------------------------------------------------

    The Washington Area's most recent monitoring data supports EPA's 
previous determination that the Area has attained, and continues to 
attain, the 2008 ozone NAAQS. In addition, as discussed subsequently 
with respect to the maintenance plan for the Washington Area, Maryland 
and Virginia have committed to continue monitoring ambient ozone 
concentrations in accordance with 40 CFR part 58. Therefore, EPA is 
proposing to determine that the Washington Area continues to attain the 
2008 8-hour ozone NAAQS, which is required by CAA section 
107(d)(3)(E)(i) for redesignation of a nonattainment area to 
attainment.
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    \6\ As noted previously, the 2017 design values are preliminary.
    \7\ The 2014 and 2015 data at monitoring site 11-001-0041 (also 
referred to as ``the River Terrace monitor'') is incomplete. 
Therefore, the 2016 and 2017 design values are invalid. The River 
Terrace monitor was temporarily shut down in March 2014 due to 
renovations at the monitoring site. The River Terrace monitor was 
reinstated in 2016, and began operation in May 2016. The temporary 
shutdown of the River Terrace monitor is discussed in more detail in 
the TSD for this rulemaking action available online at https://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
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B. Have Maryland and Virginia met all applicable requirements of 
section 110 and part D of the CAA for the Washington Area and does the 
Washington Area have a fully approved SIP under section 110(k) of the 
CAA?

    EPA has determined that Maryland and Virginia have met all SIP 
requirements applicable for purposes of this redesignation of the 
Maryland and Virginia portions of the Washington Area under section 110 
of the CAA (General SIP Requirements) and that they have met all 
applicable SIP requirements under part D of Title I of the CAA, in 
accordance with section 107(d)(3)(E)(v). In addition, EPA has 
determined that the Maryland and Virginia SIPs are fully approved with 
respect to all requirements applicable for purposes of redesignation in 
accordance with section 107(d)(3)(E)(ii). In making these 
determinations, EPA ascertained what requirements are applicable to the 
Area and determined that the portions of the Maryland and Virginia SIPs 
meeting these requirements are fully approved under section 110(k) of 
the CAA. We note that SIPs must be fully approved only with respect to 
applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, states 
requesting redesignation to attainment must meet only the relevant CAA 
requirements that come due prior to the submittal of a complete 
redesignation request. See also Shapiro memorandum, September 17, 1993, 
and 60 FR 12459, 12465-12466, (March 7, 1995)

[[Page 39023]]

(redesignation of Detroit-Ann Arbor).\8\ Applicable requirements of the 
CAA that come due subsequent to the area's submittal of a complete 
redesignation request remain applicable until a redesignation is 
approved, but are not required as a prerequisite to redesignation. 
Section 175A(c) of the CAA. Sierra Club v. EPA, 375 F .3d 537 (7th Cir. 
2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of the 
St. Louis/East St. Louis area to attainment of the 1-hour ozone NAAQS).
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    \8\ The Calcagni memorandum and Shapiro memorandum are included 
in the docket for this rulemaking available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
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1. Maryland and Virginia Have Met All Applicable Requirements of 
Section 110 and Part D of the CAA Applicable to the Washington Area for 
Purposes of Redesignation
a. Section 110 General Requirements for SIPs
    Section 110(a)(2) of Title I of the CAA contains the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to, the following: (1) Submit a 
SIP that has been adopted by the state after reasonable public notice 
and hearing; (2) include enforceable emission limitations and other 
control measures, means, or techniques necessary to meet the 
requirements of the CAA; (3) provide for establishment and operation of 
appropriate devices, methods, systems and procedures necessary to 
monitor ambient air quality; (4) provide for implementation of a source 
permit program to regulate the modification and construction of 
stationary sources within the areas covered by the plan; (5) include 
provisions for the implementation of part C prevention of significant 
deterioration (PSD) and part D new source review (NSR) permit programs; 
(6) include provisions for stationary source emission control measures, 
monitoring, and reporting; (7) include provisions for air quality 
modeling; and, (8) provide for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain certain 
measures to prevent sources in a state from significantly contributing 
to air quality problems in another state. To implement this provision, 
EPA has required certain states to establish programs to address 
transport of air pollutants, in accordance with the NOX SIP 
Call,\9\ amendments to the NOX SIP Call, May 14, 1999 (64 FR 
26298), and March 2, 2000 (65 FR 11222), and the Cross-State Air 
Pollution Rule (CSAPR) Update, October 26, 2016 (81 FR 74504). However, 
the section 110(a)(2)(D) SIP requirements are not linked with a 
particular area's ozone designation and classification. EPA concludes 
that the SIP requirements linked with an area's ozone designation and 
classification are the relevant measures to evaluate when reviewing a 
redesignation request for the area. The section 110(a)(2)(D) 
requirements, where applicable, continue to apply to a state regardless 
of the designation (or redesignation) of any one particular area within 
the state. Thus, these requirements are not applicable requirements for 
purposes of redesignation. See 65 FR 37890 (June 15, 2000), 66 FR 50399 
(October 19, 2001), and 68 FR 25418, 25426-25427 (May 13, 2003).
---------------------------------------------------------------------------

    \9\ On October 27, 1998 (63 FR 57356), EPA finalized the 
``Finding of Significant Contribution and Rulemaking for Certain 
States in the Ozone Transport Assessment Group Region for Purposes 
of Reducing Regional Transport of Ozone''--commonly called the 
NOX SIP Call. The NOX SIP call requires the 
District of Columbia and 22 states to reduce emissions of 
NOX in order to reduce the transport of ozone and ozone 
precursors. EPA developed the NOX Budget Trading Program, 
an allowance trading program that states could adopt to meet their 
obligations under the NOX SIP Call. The NOX 
Budget Trading Program allowed electric generating units (EGUs) 
greater than 25 megawatts and industrial non-electric generating 
units, such as boilers and turbines, with a rated heat input greater 
than 250 million British thermal units per hour (MMBtu/hr), referred 
to as ``large non-EGUs'', to participate in a regional 
NOX cap and trade program. The NOX SIP call 
also established reduction requirements for other non-EGUs, 
including cement kilns and stationary internal combustion (IC) 
engines.
---------------------------------------------------------------------------

    Similarly, other section 110 elements that are neither connected 
with attainment plan submissions nor linked with an area's ozone 
attainment status are not applicable requirements for purposes of 
redesignation. An area that is redesignated from nonattainment to 
attainment will remain subject to these statewide requirements after 
the area is redesignated to attainment of the 2008 ozone NAAQS. The 
section 110(a)(2) requirements, which are linked with a particular 
area's designation and classification, are the relevant measures to 
evaluate in reviewing a redesignation request. The section 110(a)(2) 
elements not linked to the area's nonattainment status are not 
applicable for purposes of redesignation. This approach is consistent 
with EPA's existing policy on applicability (e.g., for redesignations) 
of conformity and oxygenated fuels requirements, as well as with 
section 184 ozone transport region (OTR) requirements. See, e.g., 
Reading, Pennsylvania, proposed and final rulemakings for 
redesignation, 61 FR 53174-53176 (October 10, 1996) and 62 FR 24826 
(May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking for 
redesignation, 61 FR 20458 (May 7, 1996); and Tampa, Florida final 
rulemaking for redesignation, 60 FR 62748 (December 7, 1995). For 
further information and analysis, see the discussion of this issue in 
the Cincinnati, Ohio ozone redesignation (65 FR 37890, June 19, 2000), 
and the Pittsburgh, Pennsylvania ozone redesignation (66 FR 50399, 
October 19, 2001).
    EPA has reviewed Maryland's and Virginia's SIPs and concludes that 
they meet the general SIP requirements under section 110 of the CAA, to 
the extent those requirements are applicable for purposes of 
redesignation. On November 17, 2014 (79 FR 62010) and March 27, 2014 
(79 FR 17043), EPA approved elements of the SIPs submitted by Maryland 
and Virginia, respectively, which, with the exception of interstate 
transport, meet the requirements of CAA section 110(a)(2), for the 2008 
ozone NAAQS. As explained previously, the general requirements of 
section 110(a)(2) are statewide requirements that are not linked to the 
2008 8-hour ozone nonattainment status of the Washington Area and are 
therefore not ``applicable requirements'' for purpose of the review of 
Maryland's and Virginia's 2008 ozone NAAQS redesignation requests. 
Because Maryland's and Virginia's SIPs satisfy all of the general SIP 
elements and requirements set forth in CAA section 110(a)(2) applicable 
to and necessary for redesignation, EPA concludes that Maryland and 
Virginia have satisfied the criterion of section 107(d)(3)(E) regarding 
section 110 of the CAA.
b. Part D Requirements
    Areas designated nonattainment for the ozone NAAQS are subject to 
the applicable nonattainment area and ozone-specific planning 
requirements of part D of the CAA. Sections 172-176 of the CAA, found 
in subpart 1 of part D, set forth the basic nonattainment requirements 
for all nonattainment areas. Section 172(c), under part D of the CAA, 
sets forth the basic requirements of air quality plans for states with 
nonattainment areas for all pollutants that are required to submit

[[Page 39024]]

plans pursuant to section 172(b). Section 182 of the CAA, found in 
subpart 2 of part D, establishes specific requirements for ozone 
nonattainment areas depending on the areas' nonattainment 
classifications.\10\ The Washington Area was classified as marginal 
under subpart 2 of part D of the CAA for the 2008 ozone NAAQS. As such, 
the Area is subject to the subpart 1 requirements contained in CAA 
sections 172(c) and 176. The Area is also subject to the subpart 2 
requirements contained in CAA section 182(a) (marginal nonattainment 
area requirements), which include, but are not limited to, submitting a 
baseline emissions inventory, adopting a SIP requiring emissions 
statements from stationary sources, and implementing a nonattainment 
NSR (NNSR) program for the relevant ozone standard. A thorough 
discussion of the requirements contained in CAA sections 172(c) and 182 
can be found in the General Preamble for Implementation of Title I (57 
FR 13498).
---------------------------------------------------------------------------

    \10\ Ozone nonattainment areas are classified based on the 
severity of their ozone levels (as determined based on the area's 
``design value,'' which represents air quality in the area for the 
most recent 3 years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme. See CAA section 181(a)(1).
---------------------------------------------------------------------------

    Additionally, states located in the OTR, which includes Maryland 
and portions of Virginia,\11\ are also subject to the requirements of 
CAA section 184. All areas located in the OTR, both attainment and 
nonattainment, are subject to additional control requirements under 
section 184 for the purpose of reducing interstate transport of 
emissions that may contribute to downwind ozone nonattainment. The 
section 184 requirements include reasonably available control 
technology (RACT), NSR, enhanced vehicle inspection and maintenance (I/
M), and Stage II vapor recovery or a comparable measure relating to 
gasoline dispensing facilities.
---------------------------------------------------------------------------

    \11\ The OTR is comprised of the states of Connecticut, 
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, 
New York, Pennsylvania, and the Consolidated Metropolitan 
Statistical Area, which includes the District of Columbia and 
portions of Virginia. The areas designated as in the Virginia 
portion of the OTR are as follows: Arlington County, Fairfax County, 
Loudoun County, Prince William County, Stafford County, Alexandria 
City, Fairfax City, Falls Church City, Manassas City, and Manassas 
Park City. See, e.g. ``Approval and Promulgation of Air Quality 
Implementation Plans; Virginia; NSR in the Ozone Transport Region'', 
71 FR 39570 (July 13, 2006) and 71 FR 890 (January 6, 2006).
---------------------------------------------------------------------------

    EPA has interpreted the section 184 OTR requirements, including the 
NSR program, as not being applicable for purposes of redesignation. The 
rationale for this is based on two considerations. First, the 
requirement to submit SIP revisions for the section 184 requirements 
continues to apply to areas in the OTR even after redesignation to 
attainment. Therefore, states remain obligated to have NSR, as well as 
RACT, and I/M programs, even after redesignation. Second, the section 
184 control measures are region-wide requirements and do not apply to 
the area by virtue of the area's designation and classification, and 
thus are properly considered not relevant to an action changing an 
area's designation. See 61 FR 53174, 53175-53176 (October 10, 1996) and 
62 FR 24826, 24830-24832 (May 7, 1997).
i. CAA Section 172 Requirements
    As provided in CAA part D, subpart 2, for marginal ozone 
nonattainment areas such as the Washington Area, the ozone specific 
requirements of section 182(a) supersede (where overlapping) the 
attainment planning requirements that would otherwise apply under 
section 172(c), including the attainment demonstration and reasonably 
available control measures (RACM) under section 172(c)(1), reasonable 
further progress (RFP) under section 172(c)(2), and contingency 
measures under section 172(c)(9). 42 U.S.C. 7511a(a).
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. 
This requirement is superseded by the inventory requirement in section 
182(a)(1) discussed later in this notice.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified sources in an area, and 
section 172(c)(5) requires source permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area (NNSR). As explained previously, the Washington Area 
is included in the OTR established by Congress in section 184 of the 
CAA. Therefore, sources located in Maryland and the portions of 
Virginia included in the OTR will remain subject to the part D NNSR 
requirements even after the Washington Area is redesignated to 
attainment. Since the part D NNSR requirements apply to the Washington 
Area regardless of its attainment status, they are not considered to be 
relevant for purposes of redesignation. Regardless, Maryland and 
Virginia both have an approved NNSR program. See 82 FR 45475 (September 
29, 2017) and 64 FR 51047 (September 21, 1999).
    Section 172(c)(6) requires the SIP to contain control measures 
necessary to provide for attainment of the NAAQS. Because attainment 
has been reached in the Area, EPA finds no additional measures are 
needed in the SIPs to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted previously, Maryland's and 
Virginia's SIPs meet the applicable requirements of section 110(a)(2) 
for purposes of redesignation.
ii. CAA Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \12\ as not 
applicable for purposes of evaluating a redesignation request under 
section 107(d) because state conformity rules are still required after 
redesignation and federal conformity rules apply where state conformity 
rules have not been approved. See Wall v. EPA, 265 F .3d 426 (6th Cir. 
2001) (upholding this interpretation); see also 60 FR 62748 (December 
7, 1995) (redesignation of Tampa, Florida).
---------------------------------------------------------------------------

    \12\ CAA section 176(c)(4)(E) requires states to submit 
revisions to their SIPs to reflect certain federal criteria and 
procedures for determining transportation conformity. Transportation 
conformity SIPs are different from SIPs requiring the development of 
Motor Vehicle Emission Budgets (MVEBs), such as control strategy 
SIPs and maintenance plans.
---------------------------------------------------------------------------

iii. Section 182 Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of 
NOX and VOC emitted within the boundaries of the ozone 
nonattainment area. On July 17, 2014, the District and Virginia 
submitted a joint 2011 base year emissions inventory addressing 
NOX and VOC emissions, as well as carbon monoxide (CO) 
emissions, for the Washington Area. On

[[Page 39025]]

August 4, 2014, Maryland submitted its 2011 base year emissions 
inventory for the Washington Area, which also addressed NOX, 
VOC, and CO. EPA approved the District's, Maryland's, and Virginia's 
base year emissions inventories for NOX and VOC for the 2008 
ozone NAAQS on May 13, 2015 (80 FR 27255). On July 23, 2015 (80 FR 
43625), EPA approved the District's, Maryland's, and Virginia's base 
year emission inventories for CO.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing RACT rules that were required under section 
172(b)(3) prior to the 1990 CAA amendments. EPA approved Maryland's and 
Virginia's SIP revisions satisfying the section 182(a)(2) RACT ``fix-
up'' requirement on March 31, 1994 (59 FR 15117) and November 29, 1994 
(59 FR 60908).
    Section 182(c)(3) of the CAA requires areas classified as serious 
and above to adopt and implement an enhanced I/M program. The 
Washington Area was classified as severe for the 1979 1-hour ozone 
NAAQS, and therefore enhanced I/M was required. In addition, section 
184(b)(1)(a) of the CAA requires areas located in the OTR that are a 
metropolitan statistical area, or part thereof, with a population of 
100,000 or more to meet the enhanced I/M program requirements of CAA 
section 182(c)(3). EPA approved Maryland's enhanced I/M program into 
Maryland's SIP on October 29, 1999 (64 FR 58340). EPA approved 
Virginia's enhanced I/M program on September 1, 1999 (64 FR 47670), as 
revised April 22, 2008 (73 FR 21540).
    CAA section 182(a)(2)(C) and section 182(a)(4) contain source 
permitting and offset requirements (known as NNSR). As discussed 
previously, part D NNSR will continue to apply to the Washington Area, 
regardless of attainment status, due to the Washington Area being part 
of the OTR. Therefore, EPA concludes that Maryland and Virginia need 
not have a fully approved part D NSR program prior to approval of the 
redesignation request. As stated previously, however, Maryland and 
Virginia both have an approved NNSR program. See 82 FR 45475 (September 
29, 2017) for Maryland and 64 FR 51047 (September 21, 1999) for 
Virginia. On January 29, 2018 (83 FR 3982), EPA approved Maryland's May 
8, 2017 SIP revision addressing the NNSR requirements for the 2008 
ozone NAAQS and certifying that Maryland's existing NNSR program 
covering Maryland's portion of the Washington Area is at least as 
stringent as the requirements at 40 CFR 51.165, as amended by the SIP 
Requirements Rule. On May 11, 2017, Virginia formally submitted a SIP 
revision to address the specific NNSR requirements for the 2008 ozone 
NAAQS, located in 40 CFR 51.160-165. In Virginia's SIP revision, 
Virginia is certifying that its existing NNSR program covering 
Virginia's portion of the Washington Area is at least as stringent as 
the requirements at 40 CFR 51.165, as amended by the SIP Requirements 
Rule. EPA proposed approval of Virginia's May 11, 2017 SIP revision 
addressing the NNSR requirements for the 2008 ozone NAAQS on April 4, 
2018 (83 FR 14386).\13\
---------------------------------------------------------------------------

    \13\ While not prejudging the outcome of EPA's rulemaking on 
Virginia's May 11, 2017 SIP revision, EPA expects to finalize 
rulemaking on that NNSR SIP revision before taking final action on 
this redesignation action.
---------------------------------------------------------------------------

    Section 182(a)(3) requires states to submit periodic emission 
inventories and a revision to the SIP to require the owners or 
operators of stationary sources to annually submit emission statements 
documenting actual NOX and VOC emissions. Maryland and 
Virginia submit periodic emission inventories as required by CAA 
section 182(a)(3). As stated above, EPA approved the District's, 
Maryland's, and Virginia's base year emissions inventories for 
NOX and VOC for the 2008 ozone NAAQS on May 13, 2015 (80 FR 
27255). With regard to stationary source emission statements, EPA 
approved Maryland's and Virginia's emission statement rules on October 
12, 1994 (59 FR 51517) and May 2, 1995 (60 FR 21451), respectively, 
which satisfied the requirements of CAA section 182(a)(3)(B). 
Maryland's and Virginia's emission statement rules require certain 
sources in ozone nonattainment areas and the OTR to report annual 
NOX and VOC emissions. EPA approved Maryland's and 
Virginia's emission statement certification SIPs (finding Maryland and 
Virginia had an emission statement program meeting section 182(a)(3) 
requirements for the 2008 ozone NAAQS) on July 16, 2018 (83 FR 32796) 
and June 1, 2018 (83 FR 25378), respectively.
    Therefore, Maryland and Virginia have satisfied all applicable SIP 
requirements under section 110 and part D of title I of the CAA for 
purposes of redesignation of their respective portions of the 
Washington Area. As noted previously, EPA will act on the District's 
redesignation request for its portion of the Washington Area in a 
separate rulemaking.
2. Maryland and Virginia Have Fully Approved SIPs for Purposes of 
Redesignation Under Section 110(k) of the CAA
    At various times, Maryland and Virginia have adopted and submitted, 
and EPA has approved, provisions addressing the various SIP elements 
applicable for the ozone NAAQS. As discussed previously, EPA has fully 
approved Maryland's and Virginia's SIPs for the Washington Area under 
section 110(k) for all requirements applicable for purposes of 
redesignation under the 2008 ozone NAAQS. EPA may rely on prior SIP 
approvals in approving a redesignation request (see the Calcagni 
memorandum at page 3; Southwestern Pennsylvania Growth Alliance v. 
Browner, 144 F.3d 984, 989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 
426), plus any additional measures it may approve in conjunction with a 
redesignation action (see 68 FR 25426 (May 12, 2003) and citations 
therein).

C. Are the air quality improvements in the Washington area due to 
permanent and enforceable emission reductions?

    To redesignate an area from nonattainment to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from the implementation of the SIP 
and applicable federal air pollution control regulations and other 
permanent and enforceable emission reductions. Maryland and Virginia 
have demonstrated that the observed ozone air quality improvement in 
the Washington Area is due to permanent and enforceable reductions in 
NOX and VOC emissions resulting from Maryland and Virginia 
measures approved as part of the SIP as well as federal measures.
    In making this demonstration, Maryland and Virginia have calculated 
the change in emissions between 2011 and 2014. The change in emissions 
is shown in Table 2. Maryland and Virginia attribute the decrease in 
emissions and corresponding improvement in air quality during this time 
period to a number of regulatory control measures that have been 
implemented in the Washington Area and upwind areas in recent years. 
Based on the information summarized in the following sections, Maryland 
and Virginia have adequately demonstrated that the improvement in air 
quality is due to permanent and enforceable emissions reductions.

[[Page 39026]]

1. Permanent and Enforceable Emission Controls Implemented
a. Federal Emission Control Measures
    A variety of federal and state control programs have contributed to 
reduced on-road, point source, and nonroad emissions of NOX 
and VOC in the Washington Area, with additional emission reductions 
expected to occur in the future as older equipment and vehicles are 
replaced with newer, compliant models. Federal emission control 
measures include the following:
Tier 2 Motor Vehicle Emissions Standards and Gasoline Sulfur Control 
Requirements
    On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2 motor 
vehicle emission standards and gasoline sulfur control requirements. 
These emission control requirements result in lower NOX and 
VOC emissions from new cars and light duty trucks, including sport 
utility vehicles. With respect to fuels, this rule required refiners 
and importers of gasoline to meet lower standards for sulfur in 
gasoline, which were phased in between 2004 and 2006. By 2006, refiners 
were required to meet a 30 ppm average sulfur level, with a maximum cap 
of 80 ppm. This reduction in fuel sulfur content ensures the 
effectiveness of low emission-control technologies. The Tier 2 tailpipe 
standards established in this rule were phased in for new vehicles 
between 2004 and 2009. EPA estimated in the final rule that this 
program will reduce annual NOX emissions by about 2.2 
million tons per year in 2020 and 2.8 million tons per year in 2030 
after the program is fully implemented and non-compliant vehicles have 
all been retired.
Control of Emissions From Nonroad Spark-Ignition Engines and Equipment
    On October 8, 2008 (73 FR 59034), EPA finalized emission standards 
for new nonroad spark-ignition engines. The exhaust emission standards 
applied beginning in 2010 for new marine spark-ignition engines and in 
2011 and 2012 for different sizes of new land-based, spark-ignition 
engines at or below 19 kW (i.e. small engines used primarily in lawn 
and garden applications). In the October 8, 2008 final rule, EPA 
estimated that by 2030 the rule will result in annual nationwide 
reductions of 604,000 tons of volatile organic hydrocarbon emissions, 
132,200 tons of NOX emissions, and 5,500 tons of directly-
emitted PM2.5 emissions. These reductions correspond to 
significant reductions in the formation of ground-level ozone.
Nonroad Diesel Engines Tier 1 and Tier 2
    On June 17, 1994 (59 FR 31306), EPA made an affirmative 
determination under section 213(a)(2) of the CAA that nonroad engines 
are significant contributors to ambient ozone or CO levels in more than 
one nonattainment area. In the same notice, EPA also made a 
determination under CAA section 213(a)(4) that other emissions from 
compression-ignition (CI) nonroad engines rated at or above 37 
kilowatts (kW) cause or contribute to air pollution that may reasonably 
be anticipated to endanger public health or welfare. In the June 17, 
1994 final rule, EPA set a first phase of emission standards (Tier 1 
standards) for nonroad diesel engines rated 37 kW and above. These 
standards apply to nonroad, compression-ignition (i.e. diesel-powered) 
utility engines including, but not limited to, farm, construction, and 
industrial equipment, rated at or above 37 kW. On October 23, 1998 (63 
FR 56968), EPA finalized a second phase of emission standards (Tier 2 
standards) for nonroad diesel engines rated under 37 kW. These emission 
standards have resulted in a decrease in NOX emissions from 
the combustion of diesel fuel used to power this equipment. The Tier 1 
and Tier 2 standards for nonroad diesel engines will continue to result 
in emission reductions as older equipment is replaced with newer, 
compliant models.
Emissions Standards for Large Spark Ignition Engines
    On November 8, 2002 (67 FR 68242), EPA established emission 
standards for large spark-ignition engines such as those used in 
forklifts and airport ground-service equipment; recreational vehicles 
using spark-ignition engines such as off-highway motorcycles, all-
terrain vehicles, and snow mobiles; and recreational marine diesel 
engines. These emission standards were phased in from model year 2004 
through 2012. When the emission standards are fully implemented in 
2030, EPA expects a national 75 percent reduction in hydrocarbon (HC) 
emissions, 82 percent reduction in NOX emissions, 61 percent 
reduction in CO emissions, and a 60 percent reduction in direct 
particulate matter (PM) emissions from these engines, equipment, and 
vehicles compared to projected emissions if the standards were not 
implemented.
Standards for Reformulated and Conventional Gasoline
    On February 16, 1994 (59 FR 7716), EPA finalized regulations 
requiring that gasoline in certain areas be reformulated to reduce 
vehicle emissions of toxic and ozone-forming compounds, including 
NOX and VOC. Reformulated gasoline (RFG) is required in the 
Washington Area. The first phase of the RFG program (Phase I) began in 
1995 and the second phase (Phase II) began in 2000. These standards 
affect various gasoline-powered non-road mobile sources, such as lawn 
equipment, generators, and compressors. EPA estimates that Phase I of 
the RFG program resulted in a 2 percent and 17 percent annual reduction 
in NOX, and VOCs, respectively, from 1995 emission levels 
and prevented 64,000 tons of smog-forming pollutants, including 
NOX and VOC, from being emitted into the air from 1995 to 
2000. Phase II of the RFG program, which began in 2000, was expected to 
reduce emissions of NOX and VOC by 7 percent and 27 percent, 
respectively, from 1995 emission levels and reduce emissions of smog-
forming pollutants by an additional 41,000 tons.\14\ The RFG program 
continues to provide emission reductions in the Washington Area as the 
use of RFG results in less vehicle emissions of NOX and VOC 
compared to the use of conventional gasoline.
---------------------------------------------------------------------------

    \14\ See https://www.epa.gov/gasoline-standards/reformulated-gasoline for more information on the RFG program.
---------------------------------------------------------------------------

Emission Standards for Locomotives and Locomotive Engines
    On April 16, 1998 (63 FR 18978), EPA established emission standards 
for NOX, HC, CO, PM, and smoke from newly manufactured and 
remanufactured diesel-powered locomotives and locomotive engines. These 
emission standards were effective in 2000 and are expected to result in 
a more than 60 percent reduction in NOX emissions from 
locomotives by 2040 compared to 1995 baseline levels.
b. Control Measures Specific to the Washington Area
Maryland Healthy Air Act
    In addition to the measures referenced previously, a reduction of 
emission of ozone precursors can also be attributed to the Maryland 
Healthy Air Act (Annotated Code of Maryland Environment Title 2 Ambient 
Air Quality Control Subtitle 10 Healthy Air Act Sections 2-1001 to 2-
1005, with implementing regulations at COMAR 26.11.27 Emission 
Limitations for Power Plants). The Maryland Health Air Act (HAA) was 
effective on July 16, 2007 and approved by EPA on September 4, 2008 (73 
FR 51599). The HAA established limits on the amount of NOX 
and SO2 emissions affected facilities in

[[Page 39027]]

Maryland could emit and required the installation of on-site pollution 
controls at 15 power plants in Maryland. The first phase of the HAA 
occurred between 2009 and 2010 and reduced NOX emissions 
from affected sources by almost 70% compared to 2002 levels. The second 
phase of the HAA occurred between 2012 and 2013. Maryland estimates 
that the HAA will reduce NOX emissions by approximately 75% 
from 2002 levels.
Closure of GenOn Potomac River LLC Facility
    The decrease in emissions of ozone precursors is also attributable 
to the closure of the GenOn Potomac River plant located in Alexandria, 
Virginia. This 482-megawatt electrical generating facility consisted of 
five coal-fired boilers and emitted 557.7 tons of NOX 
annually and 2.7 tons of NOX per ozone season day (tpd) in 
2011. The plant ceased operations and signed a mutual determination 
letter on December 21, 2012, agreeing to the permanent shutdown of the 
source and revoking all permits for the facility.\15\ Therefore, this 
closure is permanent and federally enforceable.
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    \15\ See Mutual Determination Letter from Virginia Department of 
Environmental Quality to Mr. William Lee Davis, President, GenOn 
Potomac River, LLC, Subject: Mutual Determination of Permanent 
Shutdown of the Potomac River Generating Station, December 20, 2012 
included in the docket for this rulemaking available online at 
http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
---------------------------------------------------------------------------

2. Emission Reductions
    Maryland and Virginia calculated the change in emissions between 
2011 and 2014 throughout the entire Washington Area to demonstrate that 
air quality has improved. The change in emissions is shown in Table 2. 
Maryland and Virginia used the 2011 base year emissions inventory for 
the Washington Area as the nonattainment year inventory because 2011 
was one of the three years used to designate the area nonattainment for 
the 2008 ozone NAAQS. EPA approved the Washington Area 2011 base year 
inventory as meeting the requirements of CAA section 182(a)(1) on May 
13, 2015 (80 FR 27276) for NOX and VOC emissions and July 
23, 2015 (80 FR 43625) for CO emissions. As explained later in this 
notice, 2014 was used as the attainment year inventory.

                    Table 2--2011-2014 Emissions Reduction for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
                                                                                  [Delta] 2011--    % Reduction
                              2011                                     2014            2014          from 2011
----------------------------------------------------------------------------------------------------------------
                                               VOC Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
295.0...........................................................           259.4            35.6            12.1
----------------------------------------------------------------------------------------------------------------
                                               NOX Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
436.5...........................................................           296.9           139.6            32.0
----------------------------------------------------------------------------------------------------------------
                                               CO Emissions (tpd)
----------------------------------------------------------------------------------------------------------------
1,800.8.........................................................         1,617.9           182.9            10.2
----------------------------------------------------------------------------------------------------------------
Note: 2011 emissions data is from the 2011 base year emissions inventory for the Washington, DC-MD-VA 2008 ozone
  NAAQS nonattainment area that was approved by EPA on May 13, 2015 (80 FR 27276) for NOX and VOC emissions and
  July 23, 2015 (80 FR 43625) for CO emissions.

    Table 2 shows that emissions of NOX and VOC in the 
Washington area were reduced by 139.6 tpd and 35.6 tpd, respectively, 
between 2011 and 2014. As discussed previously, Maryland and Virginia 
identified several federal and state rules approved into Maryland's and 
Virginia's SIPs that resulted in the reduction of NOX and 
VOC emissions from 2011 to 2014. Therefore, Maryland and Virginia have 
shown that the air quality improvements in the Washington Area are due 
to permanent and enforceable emission reductions.

D. Do the District, Maryland, and Virginia have fully approvable ozone 
maintenance plans for the Washington Area?

    As one of the criteria for redesignation to attainment, section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
CAA section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA deems necessary, to 
assure prompt correction of the future NAAQS violation.
    The Calcagni memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan.
    In conjunction with their requests to redesignate their respective 
portions of the Washington Area to attainment for the 2008 ozone NAAQS, 
the District, Maryland, and Virginia submitted, as a revision to their 
SIPs, a plan to provide for maintenance of the 2008 ozone NAAQS through 
2030, which is more than 10 years after the expected effective date of 
the redesignation to attainment. EPA anticipates redesignating the 
entire Washington Area, including the District's portion, by 2019. As 
discussed in this notice, EPA is proposing to find that the District's, 
Maryland's, and Virginia's maintenance plan for the 2008 ozone NAAQS 
includes the necessary components per the CAA, including CAA section 
175A and EPA guidance, and is proposing to approve the maintenance plan 
as revisions to the District's, Maryland's, and Virginia's SIPs.

[[Page 39028]]

1. Attainment Inventory
    The Calcagni memorandum indicates that states requesting 
redesignation to attainment should develop an attainment emissions 
inventory in order to identify the level of emissions in the area which 
is sufficient to attain the NAAQS. The attainment inventory should be 
consistent with EPA's most recent guidance on emission inventories for 
nonattainment areas available at the time and should include the 
emissions during the time period associated with monitoring data 
showing attainment.
    For the attainment inventory, the District, Maryland, and Virginia 
used the year 2014, which is one of the years during the three-year 
period associated with the monitoring data first showing attainment of 
the 2008 ozone NAAQS (i.e., 2013 to 2015). As previously mentioned, on 
November 14, 2017, EPA determined that the Washington Area attained the 
2008 ozone NAAQS by the attainment date, based on 2013 to 2015 data. 
See 82 FR 52651. The attainment year inventory is summarized in Table 
3. A detailed evaluation of the methodology used to develop the 
attainment year inventory (and EPA's rationale to approve the 
attainment inventory) is provided in the Emission Inventory Technical 
Support Document (EI TSD), which is included in the docket for this 
rulemaking available online at http://www.regulations.gov, Docket ID: 
EPA-R03-OAR-2018-0215.

                           Table 3--2014 Attainment Inventory for the Washington Area
----------------------------------------------------------------------------------------------------------------
                         Source category                             NOX (tpd)      VOC  (tpd)       CO  (tpd)
----------------------------------------------------------------------------------------------------------------
Point...........................................................            64.9             7.7            23.7
Non-Point (Area)................................................             9.6           139.3            63.5
Marine, Air, Rail (MAR).........................................            19.2             2.4            19.6
Nonroad Model...................................................              52            47.5           762.8
On-Road Mobile..................................................           136.8            61.3           744.1
Quasi-Point.....................................................            14.4             1.2             4.2
                                                                 -----------------------------------------------
    Total.......................................................           296.9           259.4          1617.9
----------------------------------------------------------------------------------------------------------------

2. Have the District, Maryland, and Virginia documented maintenance of 
the 2008 ozone NAAQS in the Washington Area?
a. Maintenance Emission Inventory for the Washington Area
    The District, Maryland, and Virginia have demonstrated maintenance 
of the 2008 ozone standard through 2030 by the use of emission 
inventories showing that future emissions of NOX and VOC for 
the Washington Area will remain at or below attainment year emission 
levels. A maintenance demonstration need not be based on modeling. See 
Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), Sierra Club v. EPA, 375 F.3d 
537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 (October 19, 
2001) and 68 FR 25413, 25430-25432 (May 12, 2003).
    The District, Maryland, and Virginia are using emissions 
inventories for the years 2025 and 2030 to demonstrate maintenance in 
the Washington Area. EPA anticipates redesignating the entire 
Washington Area, including the District's portion, in 2019. 2030 is 
more than 10 years after the expected effective date of the 
redesignation to attainment, and 2025 was selected to demonstrate that 
emissions are not expected to increase in the interim between the 
attainment year and the final maintenance year.
    In order to develop the 2025 and 2030 inventories, the District, 
Maryland, and Virginia applied growth factors to the 2014 attainment 
year emissions inventory (shown in Table 3). A detailed evaluation of 
the methodology used to develop the maintenance inventory (and EPA's 
rational for approving the maintenance inventory as well as the growth 
factors used) is provided in EPA's EI TSD, which is included in the 
docket for this rulemaking available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
    The maintenance inventory, provided in Table 4, shows the projected 
emissions of NOX, VOC, and CO in the Washington Area for 
2014 (the attainment year), 2025, and 2030 and demonstrates that future 
emissions of NOX, VOC, and CO will not exceed the levels of 
the 2014 attainment year inventory for the Washington area for a 
minimum of 10 years following redesignation.

        Table 4--2014 to 2030 NOX, VOC, and CO Maintenance Emissions Inventories for the Washington Area
----------------------------------------------------------------------------------------------------------------
                                         NOX (tpd)                  VOC (tpd)                   CO (tpd)
        Source category         --------------------------------------------------------------------------------
                                   2014     2025     2030     2014     2025     2030     2014     2025     2030
----------------------------------------------------------------------------------------------------------------
Point..........................     64.9     66.0     68.5      7.7      8.8      9.4     23.7     25.1     26.2
Non-Point (Area)...............      9.6      9.9     10.0    139.3    153.7    160.3     63.6     64.9     65.5
Marine-Air-Rail (M-A-R)........     19.2     21.4     22.4      2.4      2.6      2.6     19.6     19.9     20.7
Nonroad Mobile.................     52.0     29.6     27.8     47.5     44.9     47.2    762.8    845.8    898.8
On-Road Mobile.................    136.8     40.7     27.4     61.3     33.2     24.1    744.1    457.1    323.7
Quasi-Point....................     14.4     14.4     14.4      1.2      1.2      1.2      4.2      4.2      4.2
                                --------------------------------------------------------------------------------
    Total......................    296.9    182.0    170.5    259.4    244.4    244.8   1618.0   1417.0   1339.1
                                --------------------------------------------------------------------------------
[Delta] 2014-2025..............            114.9
                                            15.0
                                           201.0
                                --------------------------------------------------------------------------------
[Delta] 2014-2030..............            126.4
                                            14.6
                                           278.9
----------------------------------------------------------------------------------------------------------------


[[Page 39029]]

    In summary, EPA finds the maintenance inventory for the Washington 
Area provided in Table 4 shows maintenance of the 2008 ozone NAAQS by 
providing emissions information and reasonable growth factors to 
support the demonstration that future emissions of NOX and 
VOC will remain at or below 2014 emission levels (an inventory year 
showing attainment of NAAQS) when taking into account both future 
source growth and implementation of future controls. Table 4 shows that 
NOX and VOC emissions are projected to decrease by 126.4 tpd 
and 14.6 tpd, respectively, between 2014 and 2030. EPA finds that the 
District, Maryland, and Virginia have demonstrated maintenance of the 
2008 ozone standard in the Washington Area through 2030.
b. Control Measures for Maintenance of Air Quality in the Washington 
Area
    The point, nonroad, and on-road emission projections for 2025 and 
2030 include a variety of control strategies that will reduce emissions 
of NOX and VOC in future years.
i. Point Sector Controls
COMAR 26.11.38 Control of NOX Emissions From Coal-Fired 
Electric Generating Units
    COMAR 26.11.38 (also referred to as the Maryland NOX 
Rule) established new NOX emission standards and additional 
monitoring and reporting requirements for coal-fired EGUs in Maryland. 
COMAR 26.11.38 was approved by EPA into the SIP on May 30, 2017 (82 FR 
24546). The coal-fired EGUs included in this rule account for more than 
80 percent of the State of Maryland's NOX emissions from 
power plants. These new NOX emission standards have resulted 
in reductions in NOX emissions.
ii. Nonroad Emission Controls
    As discussed previously, a variety of federal and state control 
programs have contributed to reduced on-road, point source, and nonroad 
emissions of NOX and VOC in the Washington Area, with 
additional emission reductions expected to occur in the future. These 
Federal measures include the following and are discussed in more detail 
in section IV.C.1.b. of this rulemaking: (1) Control of Emissions from 
Nonroad Spark-Ignition Engines and Equipment; (2) Nonroad Diesel 
Engines Tier 1 and Tier 2; (3) Emissions Standards for Large Spark 
Ignition Engines; (4) Standards for Reformulated and Conventional 
Gasoline; and, (5) Emission Standards for Locomotives and Locomotive 
Engines.
iii. On-Road Emission Controls
Tier 3 Vehicle Emissions and Fuel Standards Program
    On April 28, 2014 (79 FR 23414), EPA established more stringent 
vehicle emissions standards. The vehicle emissions standards will 
reduce both tailpipe and evaporative emissions of the ozone precursors 
NOX and VOC from passenger cars, light-duty trucks, medium-
duty passenger vehicles, and some heavy-duty vehicles. These standards 
will result in significant reductions in ozone concentrations due to 
the decrease in NOX and VOC emissions. The Tier 3 standards 
include new light- and heavy-duty vehicle emission standards for 
exhaust emissions of VOC, NOX, and PM, as well as new 
evaporative emissions standards. In the final rule, EPA estimates that 
in 2030, when Tier 3 vehicles will make up the majority of the fleet as 
well as vehicle miles traveled, NOX and VOC emissions from 
on-highway vehicles will be reduced by about 21 percent compared to 
projected emission levels if the Tier 3 standards were not implemented.
Transportation Emission Reduction Measures
    The National Capital Region Transportation Planning Board (TPB) 
\16\ utilizes many strategies to reduce emissions from mobile sources 
by reducing the number of vehicle trips and/or vehicle miles traveled. 
Such strategies include, but are not limited to, ridesharing programs, 
telecommuting programs, improved transit and bicycling facilities, and 
clean fuel vehicle programs. A summary of these measures is provided by 
TPB in their transportation conformity analyses. The emission 
reductions from these strategies were not included in the 2025 and 2030 
maintenance emissions inventories.
---------------------------------------------------------------------------

    \16\ The National Capital Region Transportation Planning Board 
(TPB) is the federally designated metropolitan planning organization 
(MPO) for metropolitan Washington.
---------------------------------------------------------------------------

Inspection and Maintenance (I/M) Programs
    The District, Maryland, and Virginia operate enhanced I/M programs 
to ensure that motorists are driving vehicles that meet federal 
emission requirements. Owners of vehicles that do not meet 
requirements, based on tail pipe or On-Board Diagnostic (OBD) testing, 
must repair the vehicles or show that the total costs of repair are 
more than waiver limitations. As noted previously, EPA approved 
Maryland's and Virginia's enhanced I/M program into Maryland's and 
Virginia's SIPs on October 29, 1999 (64 FR 58340) and September 1, 1999 
(64 FR 47670), as revised April 22, 2008 (73 FR 21540), respectively. 
EPA approved the District's enhanced I/M program into the District's 
SIP on June 11, 1999 (64 FR 31498).
3. Continued Air Quality Monitoring
    The District, Maryland, and Virginia have committed, in their joint 
maintenance plan for the Washington Area, to continue to operate an 
appropriate air quality monitoring network in accordance with 40 CFR 
part 58. The District, Maryland, and Virginia also committed, in their 
redesignation requests, to continue to monitor ozone concentrations in 
the Washington Area in accordance with 40 CFR part 58 and EPA-approved 
annual monitoring plans, to quality-assure the monitoring data in 
accordance with 40 CFR part 58, and to enter all data into AQS in a 
timely fashion.
4. Verification of Continued Attainment
    The District, Maryland, and Virginia state in their maintenance 
plan submittal that they have the legal authority to develop, 
implement, and enforce regulations regarding air pollution, including 
the requirements of the maintenance plan for the Washington Area. The 
District, Maryland, and Virginia cite the regulations and statutory 
provisions included in Table 5 below as providing them with the 
authority to develop, implement, and enforce the requirements of the 
maintenance plan for the Washington Area.

[[Page 39030]]



    Table 5--Measures Cited as Providing the District, Maryland, and
   Virginia With the Authority To Develop, Implement, and Enforce the
      Requirements of the Maintenance Plan for the Washington Area
------------------------------------------------------------------------
               State                      Citation         Description
------------------------------------------------------------------------
Virginia...........................  Section 10.1-1308  Authorizes the
                                      of the Virginia    State Air
                                      Air Pollution      Pollution
                                      Control Law        Control Board
                                      (Title 10.1,       to promulgate
                                      Chapter 13 of      regulations
                                      the Code of        abating,
                                      Virginia).         controlling,
                                                         and prohibiting
                                                         air pollution
                                                         in order to
                                                         protect public
                                                         health and
                                                         welfare.
Maryland...........................  Annotated Code of  Legal authority
                                      Maryland,          to implement
                                      Section 2-103.     and enforce.
Maryland...........................  Annotated Code of  Authority for
                                      Maryland,          MDE to set
                                      Environment        emission
                                      Article, Section   standards and
                                      2-302(a)-(d).      ambient air
                                                         quality
                                                         standards for
                                                         each air
                                                         quality control
                                                         area in the
                                                         state.
Maryland...........................  Annotated Code of  Authority for
                                      Maryland,          MDE to enforce
                                      Environment        the standards
                                      Article, Section   and impose
                                      2-601-614.         penalties.
District of Columbia...............  Air Pollution      Provides
                                      Control Act of     authority to
                                      1984, as amended   ``develop a
                                      (D.C. Official     comprehensive
                                      Code Section 8-    program for the
                                      101.05-101.06).    control and
                                                         prevention of
                                                         air pollution
                                                         in the District
                                                         that provides
                                                         for the
                                                         administration
                                                         and enforcement
                                                         of the
                                                         requirements of
                                                         [the Act] and
                                                         the regulations
                                                         promulgated
                                                         pursuant to
                                                         [the Act].''
District of Columbia...............  20 DCMR Sections   Authority for
                                      101, 102, and      inspection,
                                      105.               order for
                                                         compliance, and
                                                         penalty,
                                                         respectively.
------------------------------------------------------------------------

    In their joint maintenance plan submittal, the District, Maryland, 
and Virginia also referenced several regulatory elements that each 
state will retain in order to maintain attainment of the 2008 ozone 
NAAQS. These regulatory elements are summarized in Table 6.

       Table 6--Regulatory Measures Cited for Continued Attainment
------------------------------------------------------------------------
               State                      Citation         Description
------------------------------------------------------------------------
District of Columbia...............  20 DCMR 202 and    Shutdown
                                      20 DCMR 303.8.     requirements.
District of Columbia...............  20 DCMR Chapter 2  Permitting
                                      (General and Non-  requirements.
                                      Attainment Area
                                      Permits) and 20
                                      DCMR Chapter 3
                                      (Operating
                                      Permits and Acid
                                      Rain Programs).
District of Columbia...............  20 DCMR 804, 805,  Regulatory
                                      899 (NOX), 20      requirements.
                                      DCMR Chapter 10
                                      (NOX Emissions
                                      Budget), and 20
                                      DCMR Chapter 7
                                      (Volatile
                                      Organic
                                      Compounds).
District of Columbia...............  18 DCMR Chapters   I/M program
                                      4, 6, 7, 11, 26,   requirements.
                                      and 99.
District of Columbia...............  20 DCMR Chapter 5  Emission
                                                         statement
                                                         requirements.
Maryland...........................  COMAR 26.11.01.05- Emission
                                      1.                 statement
                                                         requirements.
Maryland...........................  COMAR 11.14.08...  I/M program
                                                         requirements.
Maryland...........................  COMAR 26.11.02     Permitting
                                      and COMAR          requirements.
                                      26.11.03.
Virginia...........................  9VAC5-20-220.....  Shutdown
                                                         requirements.
Virginia...........................  9VAC5-80.........  Permits for
                                                         stationary
                                                         sources.
Virginia...........................  9VAC5-91.........  I/M program
                                                         requirements
                                                         for Northern
                                                         Virginia.
Virginia...........................  9VAC5-20-160.B...  Emission
                                                         statement
                                                         requirements.
------------------------------------------------------------------------

    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. As stated above, the 
District, Maryland, and Virginia have committed, in their joint 
maintenance plan for the Washington Area, to continue to operate an 
appropriate air quality monitoring network in accordance with 40 CFR 
part 58. The District, Maryland, and Virginia also committed, in their 
redesignation requests, to continue to monitor ozone concentrations in 
the Washington Area in accordance with 40 CFR part 58 and EPA-approved 
annual monitoring plans, to quality-assure the monitoring data in 
accordance with 40 CFR part 58, and to enter all data into AQS in a 
timely fashion. The District, Maryland, and Virginia state in their 
joint maintenance plan that they will track attainment and maintenance 
using ambient and source emission data.
    In addition, to track the progress of the maintenance 
demonstration, the District, Maryland, and Virginia state in their 
joint maintenance plan submittal that they will periodically update the 
emissions inventory. The District, Maryland, and Virginia also commit 
to an annual evaluation consisting of a comparison of key emissions 
trend indicators, such as the annual emissions update of stationary 
sources and the Highway Performance Monitoring System (HPMS) vehicle 
miles traveled data reported to the Federal Highway Administration 
(FHWA), to the growth assumptions used in the plan. The District, 
Maryland, and Virginia also commit in their maintenance plan submittal 
to developing and submitting to EPA ``comprehensive tracking 
inventories every three years or as required by federal regulation 
during the maintenance plan period.'' EPA notes that point source 
facilities covered by the District's, Maryland's, and Virginia's 
emission statement rules are required to submit NOX and VOC 
emissions on an annual basis to address CAA requirements in CAA section 
182.\17\
---------------------------------------------------------------------------

    \17\ In the District's May 25, 2018 emission statement 
certification SIP submittal for the 2008 ozone NAAQS, the District 
cites to section 20-500.9 of the District of Columbia Municipal 
Regulations (DCMR) (20 DCMR 500.9) as containing the District's 
emission statement rules. However, the District's emission statement 
rules were SIP-approved as 20 DCMR 500.7 (60 FR 27889, May 26, 
1995). A recodification of 20 DCMR 500 caused the emission statement 
rules under 20 DCMR 500.7 to move to 20 DCMR 500.9. Despite the 
recodification, the District's emission statement rules continue to 
require applicable point sources in the District to submit 
information on NOX and VOC emissions on an annual basis. 
EPA intends to propose conditional approval of the District's 
emission statement certification SIP for the 2008 ozone NAAQS, 
contingent on the District's submittal of a SIP revision updating 
the District's SIP to reflect the recodification of 20 DCMR 500.

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

[[Page 39031]]

5. What is the contingency plan for the Washington Area?
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after a redesignation of 
the area to attainment of the NAAQS. The maintenance plan must identify 
the contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented.
    As required by section 175A of the CAA, the District, Maryland, and 
Virginia have adopted a contingency plan for the Washington Area to 
address possible future ozone air quality problems as described herein 
and in the TSD for this rulemaking available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215. EPA's analysis 
of the contingency plan as addressing requirements in CAA section 175A 
is also in the TSD.
a. Contingency Measures
    The District, Maryland, and Virginia included several measures as 
contingency measures in their joint maintenance plan submittal that EPA 
found to not be appropriate for use as contingency measures as 
discussed in detail in the TSD for this rulemaking. However, since 
emission reductions from these measures were not accounted for in the 
maintenance inventory or the MVEBs, it is expected that these measures 
will provide more emission reductions than what was projected in the 
maintenance inventory or the MVEBs. Thus, these measures will provide 
additional assurance that the 2008 ozone standard will be maintained in 
the Washington Area. A description of the District's, Maryland's, and 
Virginia's submitted contingency measures as well as EPA's evaluation 
of these measures and the contingency plan as a whole can be found in 
the TSD for this rulemaking available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215. Table 7 lists 
the measures that EPA finds appropriate to use as contingency measures 
for the Washington Area.

Table 7--Measures Found To Be Appropriate To Use as Contingency Measures
                         for the Washington Area
------------------------------------------------------------------------
                Measure                               State
------------------------------------------------------------------------
Ozone Transport Commission (OTC) 2009-   Virginia.
 2014 model rule for VOC for consumer
 products \18\.
OTC 2009-2014 model rule for VOC for     Virginia.
 architectural and industrial
 maintenance coatings \19\.
Additional contingency measures as       District of Columbia, Maryland,
 needed.                                  and/or Virginia.
------------------------------------------------------------------------

b. Indicators
    The District, Maryland, and Virginia include specific indicators, 
or ``triggers'', to be used to determine when the contingency measures 
need to be considered, adopted, and implemented. In the contingency 
measure implementation schedule included in the maintenance plan and 
discussed later in this notice, the District, Maryland, and Virginia 
state that the ``schedule onset'' for the implementation of any 
contingency measure will begin three months after quality assured data 
determine that an exceedance or violation of the 2008 ozone NAAQS 
occurred within the previous year or upon notification from EPA that a 
contingency measure must be implemented. Another trigger is if any 
future year emissions inventory indicates that the Washington Area's 
total emissions of NOX or VOC exceeded the levels in the 
attainment year inventory. If an audit of the attainment year and 
future year inventories does not reconcile the original estimated 
emissions with the exceedances, then the District, Maryland, and 
Virginia commit to implementing one or more of the contingency measures 
to ensure that future total emissions of NOX and VOC in the 
Washington Area do not exceed the levels in the attainment year 
inventory.
---------------------------------------------------------------------------

    \18\ The Model Rule for Consumer Products was developed by the 
OTC and establishes limits on VOC emissions from consumer products 
including, but not limited to, adhesives, air fresheners, general 
purpose cleaners, and hairsprays. See ``2013 Consumer Product 
Update'', May 21, 3013, available at https://otcair.org/document.asp?Fview=modelrules.
    \19\ The Model Rule for Architectural and Industrial Maintenance 
(AIM) Coatings was developed by the OTC and establishes limits on 
VOC emissions from AIM coatings, including, but not limited to 
concrete/masonry sealer, driveway sealers, and wood coatings. See 
``Model Rule 2009-2014--Architectural & Industrial Maintenance (AIM) 
Coatings'', Updated October 13, 2014, available at https://otcair.org/document.asp?Fview=modelrules.
---------------------------------------------------------------------------

c. Schedule and Procedure for Adoption and Implementation of 
Contingency Measures
    The District, Maryland, and Virginia have committed to implementing 
any contingency measure according to the following schedule: (1) 
Schedule onset: Notification received from EPA that a contingency 
measure must be implemented or three months after quality assured data 
determine that an exceedance or violation occurred within the previous 
year; (2) applicable regulation or program will be adopted six months 
following the schedule onset; (3) applicable regulation or program will 
be implemented six months following adoption; and, (4) compliance with 
regulation, or full program implementation, to be achieved within 
twelve months of adoption.
    The District and Metropolitan Washington Air Quality Committee 
(MWAQC) will use their regional coordination process to determine the 
contingency measure to be implemented.
d. EPA's Evaluation of the Contingency Plan for the Washington Area
    Based on EPA's evaluation of the District's, Maryland's, and 
Virginia's contingency plan for the Washington Area, which is provided 
in the TSD for this rulemaking available online at http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215, EPA finds that 
the contingency plan includes the required elements for CAA section 
175A and relevant EPA guidance and will promptly correct any violation 
of the

[[Page 39032]]

NAAQS that occurs after the redesignation of the Washington Area.
    EPA has concluded that the District's, Maryland's, and Virginia's 
joint maintenance plan adequately addresses the five basic components 
of a maintenance plan: Attainment inventory, maintenance demonstration, 
monitoring network, verification of continued attainment, and a 
contingency plan. Therefore, EPA concludes that the maintenance plan 
SIP revisions submitted by the District, Maryland, and Virginia meet 
the requirements of CAA section 175A. EPA is proposing to approve the 
maintenance plan as a revision to the District's, Maryland's, and 
Virginia's SIPs.

V. Have the District, Maryland, and Virginia adopted approvable MVEBs?

A. What are the MVEBs?

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive federal funding or support, such as 
the construction of new highways, must ``conform'' (i.e., be consistent 
with) the SIP. Conformity to the SIP means that transportation 
activities will not cause new air quality violations, worsen existing 
air quality problems, or delay timely attainment of the NAAQS or 
interim air quality milestones. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of transportation activities to a SIP. Transportation 
conformity is a requirement for nonattainment and maintenance 
areas.\20\
---------------------------------------------------------------------------

    \20\ Maintenance areas are areas that were previously 
nonattainment for a particular NAAQS, but have been redesignated to 
attainment with an approved maintenance plan for the NAAQS.
---------------------------------------------------------------------------

    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP Requirements Rule. These control 
strategy SIPs (including reasonable further progress plans and 
attainment plans) and maintenance plans must include MVEBs for criteria 
pollutants, including ozone, and their precursor pollutants 
(NOX and VOC for ozone) to address pollution from on-road 
transportation sources. The MVEBs are the portion of the total 
allowable emissions that are allocated to highway and transit vehicle 
use that, together with emissions from other sources in the area, will 
provide for attainment or maintenance of the NAAQS. See 40 CFR 93.101.
    Under 40 CFR part 93, a MVEB for an area seeking redesignation to 
attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt MVEBs for other years as well. The 
MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993 Transportation Conformity Rule (58 FR 
62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP. The most recently approved MVEBs for 
the Washington Area originate from the attainment plan for the 1997 
ozone NAAQS, which EPA found adequate on February 7, 2013 (78 FR 9044).
B. What is the status of EPA's adequacy determination for the proposed 
2025 and 2030 VOC and NOX MVEBs for the Washington Area?
    When reviewing submitted control strategy SIPs or maintenance plans 
containing MVEBs, EPA must affirmatively find that the MVEBs contained 
therein are adequate for use in determining transportation conformity. 
Once EPA affirmatively finds that the submitted MVEBs are adequate for 
transportation purposes, the MVEBs must be used by state and federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: (1) Public notification of a SIP 
submission, (2) provision for a public comment period, and (3) EPA's 
adequacy determination. This process for determining the adequacy of 
submitted MVEBs for transportation conformity purposes was initially 
outlined in EPA's May 14, 1999 guidance, ``Conformity Guidance on 
Implementation of March 2, 1999, Conformity Court Decision.'' EPA 
adopted regulations to codify the adequacy process in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and 
Miscellaneous Revisions for Existing Areas; Transportation Conformity 
Rule Amendments--Response to Court Decision and Additional Rule 
Change,'' on July 1, 2004 (69 FR 40004). Additional information on the 
adequacy process for transportation conformity purposes is available in 
the proposed rule titled, ``Transportation Conformity Rule Amendments: 
Response to Court Decision and Additional Rule Changes,'' 68 FR 38974, 
38984 (June 30, 2003).
    The District's, Maryland's, and Virginia's maintenance plan 
includes NOX and VOC MVEBs for the Washington Area for 2014 
(the attainment year), 2025 (the intermediate year), and 2030 (the last 
year of the maintenance period). The District's, Maryland's, and 
Virginia's maintenance plan SIP submission, including the 
NOX and VOC MVEBs for the Washington Area, was available for 
public comment on EPA's adequacy website on May 21, 2018 at https://www.epa.gov/state-and-local-transportation. The EPA public comment 
period on adequacy of the 2014, 2025, and 2030 MVEBs for the Washington 
Area closed on June 20, 2018. No comments on the submittal were 
received during the adequacy comment period. EPA reviewed the 
NOX and VOC MVEBs in accordance with the adequacy process in 
40 CFR part 93 and found the MVEBs adequate. EPA anticipates it will 
publish a notice of adequacy for the 2014, 2025, and 2030 MVEBs for the 
Washington Area before taking final action on this redesignation of the 
Washington Area. In letters dated July 24, 2018, EPA informed the 
District, Maryland, and Virginia that the 2014, 2025, and 2030 MVEBs 
are adequate for use in transportation conformity analyses.\21\ EPA's 
analysis of the MVEBs is included in the Notice of Adequacy TSD, which 
is included in the docket for this rulemaking available online at 
http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
---------------------------------------------------------------------------

    \21\ As stated previously, EPA originally informed the District, 
Maryland, and Virginia that the 2014, 2025, and 2030 MVEBs were 
adequate for use in transportation conformity analyses in letters 
dated July 18, 2018. EPA revised language in these letters and sent 
the revised letters to the District, Maryland, and Virginia on July 
24, 2018. The original and revised letters are available online at 
http://www.regulations.gov, Docket ID: EPA-R03-OAR-2018-0215.
---------------------------------------------------------------------------

    The MVEBs were calculated using the most current USEPA Motor 
Vehicle Emissions Simulator (MOVES) model (MOVES2014a) and regional 
travel demand forecasting model at the time of the submittal. These 
MVEBs, when considered together with all other emissions sources, are 
consistent with maintenance of the 2008 ozone standard. The MVEBs are 
shown in Table 8.

[[Page 39033]]



  Table 8--Washington, DC-MD-VA Maintenance Plan On-Road Mobile Source
                            Emissions Budgets
------------------------------------------------------------------------
                                            NOX on-road     VOC on-road
                  Year                       emissions       emissions
                                               (tpd)           (tpd)
------------------------------------------------------------------------
Attainment Year 2014 Emission and Budget           136.8            61.3
Intermediate Year 2025 Emission and                 40.7            33.2
 Budget.................................
Final Year 2030 Emission and Budget.....            27.4            24.1
------------------------------------------------------------------------

C. What is a safety margin and how was it allocated?
    EPA's transportation conformity regulations allow for the use of a 
safety margin, also referred to as a ``transportation buffer'', in the 
development of MVEBs for maintenance plans. A ``safety margin'' is the 
difference between the attainment level of emissions (from all sources) 
and the projected level of emissions (from all sources) in the 
maintenance plan. All or a portion of these transportation buffers can 
be allotted to mobile source inventories to develop MVEBs.
    Table 4 shows the difference in total emissions for NOX 
and VOC from all sources between the attainment year (2014) and the 
intermediate year (2025) as well as the attainment year (2014) and the 
final maintenance year (2030). These differences in emissions provide 
estimates of the total available transportation buffers for 
NOX and VOC in 2025 and 2030. The total available 
transportation buffers for NOX is 114.9 tpd in 2025 and 
126.4 tpd in 2030 and for VOC the total available transportation buffer 
is 15.0 tpd in 2025 and 14.6 tpd in 2030. The District, Maryland, and 
Virginia used 20% of the total available transportation buffer to 
develop the second set of mobile budgets for 2025 and 2030 in the 
maintenance plan. The transportation buffers add 8.1 tpd of 
NOX and 6.6 tpd of VOC to the 2025 emission inventories, and 
5.5 tpd of NOX and 4.8 tpd of VOC to the 2030 emission 
inventories. The MVEBs with the transportation buffers described 
previously for the Washington Area are shown in Table 9.

  Table 9--Washington, DC-MD-VA Maintenance Plan On-Road Mobile Source
              Emissions Budgets With Transportation Buffers
------------------------------------------------------------------------
                                            NOX on-road     VOC on-road
                  Year                       emissions       emissions
                                               (tpd)           (tpd)
------------------------------------------------------------------------
Attainment Year 2014 Emissions & Budget.           136.8            61.3
Predicted 2025 Emission.................            40.7            33.2
Transportation Buffer...................             8.1             6.6
Intermediate Year 2025 Budget...........            48.8            39.8
Predicted 2030 Emission.................            27.4            24.1
Transportation Buffer...................             5.5             4.8
Final Year 2030 Budget..................            32.9            28.9
------------------------------------------------------------------------

    These two sets of MVEBs (with and without transportation buffers) 
have been developed for both milestone years (2025 and 2030). As can be 
seen in Table 10, the MVEBs that include the transportation buffer 
(Table 9), remain below the emission levels of the maintenance 
inventory.

       Table 10--Maintenance Inventory: NOX and VOC Emissions in the Washington Area, Including MVEBs With
                                       Transportation Buffer, 2014 to 2030
----------------------------------------------------------------------------------------------------------------
                                                                    NOX (tpd)                  VOC (tpd)
                      Source category                      -----------------------------------------------------
                                                              2014     2025     2030     2014     2025     2030
----------------------------------------------------------------------------------------------------------------
Point.....................................................     64.9     66.0     68.5      7.7      8.8      9.4
Non-Point (Area)..........................................      9.6      9.9     10.0    139.3    153.7    160.3
M-A-R.....................................................     19.2     21.4     22.4      2.4      2.6      2.6
Nonroad Mobile............................................     52.0     29.6     27.8     47.5     44.9     47.2
On-Road Mobile............................................    136.8     48.8     32.9     61.3     39.8     28.9
Quasi-Point...............................................     14.4     14.4     14.4      1.2      1.2      1.2
                                                           -----------------------------------------------------
    Total.................................................    296.9    190.1    176.0    259.4    251.0    249.6
                                                           -----------------------------------------------------
[Delta] 2014-2025.........................................            106.8
                                                                       8.4
                                                           -----------------------------------------------------
[Delta] 2014-2030.........................................            120.9
                                                                       9.8
----------------------------------------------------------------------------------------------------------------

    The District, Maryland, and Virginia will only use the MVEBs with 
transportation buffers, shown in Table 9, as needed in situations where 
the conformity analysis must be based on different data, models, or 
planning assumptions, including, but not limited to, updates to 
demographic, land use, or project-related assumptions, than were

[[Page 39034]]

used to create the first set of MVEBs in the maintenance plan. The 
technical analyses used to demonstrate compliance with the MVEBs and 
the need, if any, to use transportation buffers will be fully 
documented in the conformity analysis and follow the Transportation 
Planning Board's (TPB) interagency consultation procedures. Regulations 
governing the interagency consultation process adopted by the District, 
Maryland, Virginia, and the TPB are as follows:

1. District of Columbia: Title 20 Environment, Chapter 20-15 General 
and Transportation Conformity, Rule Numbers 20-1503, 20-1504, 20-1505, 
20-1506, 20-1507
2. Maryland: Title 26 Department of Environment, Subtitle 11 Air 
Quality, Chapter 26 Conformity, Regulation Numbers 26.11.26.04, 
26.11.26.05, 26.11.26.06, 26.11.26.07, 26.11.26.08
3. Virginia: 9VAC5 Chapter 151 Regulation for Transportation Conformity 
Section 70 Consultation (9VAC5-151-70)
4. Transportation Planning Board: Report titled ``Transportation 
Planning Board Consultation Procedures with respect to Transportation 
Conformity Regulations Governing TPB Plans and Programs,'' May 20, 1998

    EPA finds that the District, Maryland, and Virginia continue to 
demonstrate maintenance of the 2008 ozone standard with both sets of 
MVEBs, including the MVEBs with the transportation buffers. Therefore, 
EPA is proposing to approve, as revisions to the District's, 
Maryland's, and Virginia's SIPs, the MVEBs contained in this 
maintenance plan for the Washington Area.

VI. Proposed Action

    EPA is proposing to approve the requests from Maryland and Virginia 
to redesignate to attainment their respective portions of the 
Washington Area for the 2008 ozone NAAQS. EPA is not proposing to 
approve the redesignation request from the District and will address 
the District's redesignation request in a separate rulemaking action. 
EPA is also proposing to approve, as a revision to the District's, 
Maryland's, and Virginia's SIPs, the joint maintenance plan submitted 
by the District, Maryland, and Virginia. The joint maintenance plan 
demonstrates maintenance of the 2008 ozone NAAQS through 2030 in the 
Washington Area and includes 2014, 2025, and 2030 MVEBs for 
NOX and VOCs for the 2008 ozone NAAQS. Finally, EPA has 
found adequate and is proposing to approve these 2014, 2025, and 2030 
NOX and VOC MVEBs for the Washington Area. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

VII. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
are prepared independently of the assessment process; (3) demonstrate a 
clear, imminent and substantial danger to the public health or 
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
federally authorized environmental programs in a manner that is no less 
stringent than their federal counterparts. . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to 
enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

VIII. Statutory and Executive Order Reviews

    Under the CAA, the redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application of requirements contained in the CAA for areas that 
have been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices,

[[Page 39035]]

provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The action approving Maryland's and Virginia's redesignation 
request for their respective portions of the Washington Area for the 
2008 ozone NAAQS as well as the District's, Maryland's, and Virginia's 
maintenance plan for the Washington Area, is not approved to apply on 
any Indian reservation land as defined in 18 U.S.C. 1151 or in any 
other area where EPA or an Indian tribe has demonstrated that a tribe 
has jurisdiction. In those areas of Indian country, the rule does not 
have tribal implications and will not impose substantial direct costs 
on tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: July 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-16882 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                              39019

                                               federal regulations. 42 U.S.C. 7410(k);                 specified by Executive Order 13175 (65                discussed in more detail in this notice.
                                               40 CFR 52.02(a). Thus, in reviewing SIP                 FR 67249, November 9, 2000).                          The Washington Area maintenance plan
                                               submissions, the EPA’s role is to                                                                             includes motor vehicle emissions
                                                                                                       List of Subjects in 40 CFR Part 52
                                               approve state choices, provided that                                                                          budgets (MVEBs) for the 2008 ozone
                                               they meet the criteria of the Clean Air                   Environmental protection, Air                       NAAQS for nitrogen oxides (NOX) and
                                               Act. Accordingly, this proposed action                  pollution control, Incorporation by                   volatile organic compounds (VOCs),
                                               merely proposes to approve state law as                 reference, Intergovernmental relations,               which are precursors to ozone. EPA has
                                               meeting federal requirements and does                   Ozone, Particulate matter, Reporting                  found the MVEBs adequate and is
                                               not impose additional requirements                      and recordkeeping requirements,                       proposing to approve, as a SIP revision,
                                               beyond those imposed by state law. For                  Volatile organic compounds.                           these 2014, 2025, and 2030 NOX and
                                               that reason, this proposed action:                        Authority: 42 U.S.C. 7401 et seq.                   VOC MVEBs for the Washington Area.
                                                  • Is not a ‘‘significant regulatory
                                                                                                         Dated: July 24, 2018.                               DATES: Written comments must be
                                               action’’ subject to review by the Office
                                                                                                       Michael Stoker,                                       received on or before September 7,
                                               of Management and Budget under
                                                                                                                                                             2018.
                                               Executive Orders 12866 (58 FR 51735,                    Regional Administrator, Region IX.
                                               October 4, 1993) and 13563 (76 FR 3821,                 [FR Doc. 2018–16795 Filed 8–7–18; 8:45 am]            ADDRESSES:   Submit your comments,
                                               January 21, 2011);                                      BILLING CODE 6560–50–P                                identified by Docket ID No. EPA–R03–
                                                  • Is not an Executive Order 13771 (82                                                                      OAR–2018–0215 at https://
                                               FR 9339, February 2, 2017) regulatory                                                                         www.regulations.gov, or via email to
                                               action because SIP approvals are                        ENVIRONMENTAL PROTECTION                              spielberger.susan@epa.gov. For
                                               exempted under Executive Order 12866;                   AGENCY                                                comments submitted at Regulations.gov,
                                                  • Does not impose an information                                                                           follow the online instructions for
                                               collection burden under the provisions                  40 CFR Part 52                                        submitting comments. Once submitted,
                                               of the Paperwork Reduction Act (44                      [EPA–R03–OAR–2018–0215; FRL–9981–                     comments cannot be edited or removed
                                               U.S.C. 3501 et seq.);                                   75—Region 3]                                          from Regulations.gov. For either manner
                                                  • Is certified as not having a                                                                             of submission, EPA may publish any
                                               significant economic impact on a                        Air Plan Approval; District of                        comment received to its public docket.
                                               substantial number of small entities                    Columbia, Maryland, and Virginia;                     Do not submit electronically any
                                               under the Regulatory Flexibility Act (5                 Maryland and Virginia Redesignation                   information you consider to be
                                               U.S.C. 601 et seq.);                                    Requests and District of Columbia,                    confidential business information (CBI)
                                                  • Does not contain any unfunded                      Maryland, and Virginia Maintenance                    or other information whose disclosure is
                                               mandate or significantly or uniquely                    Plan for the Washington, DC-MD-VA                     restricted by statute. Multimedia
                                               affect small governments, as described                  2008 Ozone Standard Nonattainment                     submissions (audio, video, etc.) must be
                                               in the Unfunded Mandates Reform Act                     Area                                                  accompanied by a written comment.
                                               of 1995 (Pub. L. 104–4);                                                                                      The written comment is considered the
                                                  • Does not have Federalism                           AGENCY:  Environmental Protection
                                                                                                                                                             official comment and should include
                                               implications as specified in Executive                  Agency (EPA).
                                                                                                                                                             discussion of all points you wish to
                                               Order 13132 (64 FR 43255, August 10,                    ACTION: Proposed rule.
                                                                                                                                                             make. EPA will generally not consider
                                               1999);                                                                                                        comments or comment contents located
                                                  • Is not an economically significant                 SUMMARY:   The Environmental Protection
                                                                                                       Agency (EPA) is proposing to approve                  outside of the primary submission (i.e.,
                                               regulatory action based on health or
                                                                                                       the requests from the State of Maryland               on the web, cloud, or other file sharing
                                               safety risks subject to Executive Order
                                                                                                       (Maryland) and the Commonwealth of                    system). For additional submission
                                               13045 (62 FR 19885, April 23, 1997);
                                                  • Is not a significant regulatory action             Virginia (Virginia) to redesignate to                 methods, please contact the person
                                               subject to Executive Order 13211 (66 FR                 attainment their respective portions of               identified in the FOR FURTHER
                                                                                                       the Washington, DC-MD-VA                              INFORMATION CONTACT section. For the
                                               28355, May 22, 2001);
                                                  • Is not subject to requirements of                  nonattainment area (hereafter ‘‘the                   full EPA public comment policy,
                                               Section 12(d) of the National                           Washington Area’’ or ‘‘the Area’’) for the            information about CBI or multimedia
                                               Technology Transfer and Advancement                     2008 8-hour ozone national ambient air                submissions, and general guidance on
                                               Act of 1995 (15 U.S.C. 272 note) because                quality standard (NAAQS or standard)                  making effective comments, please visit
                                               application of those requirements would                 (also referred to as the 2008 ozone                   https://www2.epa.gov/dockets/
                                               be inconsistent with the Clean Air Act;                 NAAQS). EPA is not proposing to                       commenting-epa-dockets.
                                               and                                                     approve the redesignation request for                 FOR FURTHER INFORMATION CONTACT:   Sara
                                                  • Does not provide the EPA with the                  the District of Columbia (the District) for           Calcinore, (215) 814–2043, or by email
                                               discretionary authority to address                      its portion of the Area; EPA will address             at calcinore.sara@epa.gov.
                                               disproportionate human health or                        the District’s redesignation request for
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                               environmental effects with practical,                   its portion of the Area in a separate
                                                                                                                                                             Throughout this document whenever
                                               appropriate, and legally permissible                    rulemaking action. EPA is also
                                                                                                                                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                               methods under Executive Order 12898                     proposing to approve, as a revision to
                                                                                                                                                             EPA. This supplementary information
                                               (59 FR 7629, February 16, 1994).                        the District’s, Maryland’s, and Virginia’s
                                                                                                                                                             section is arranged as follows:
                                                  In addition, the SIP is not approved                 state implementation plans (SIPs), the
amozie on DSK3GDR082PROD with PROPOSALS




                                               to apply on any Indian reservation land                 joint maintenance plan submitted by the               I. What are the actions EPA is proposing?
                                               or in any other area where the EPA or                   District, Maryland, and Virginia. The                 II. What is the background for these proposed
                                               an Indian tribe has demonstrated that a                 joint maintenance plan demonstrates                        actions?
                                                                                                                                                             III. What are the criteria for redesignation?
                                               tribe has jurisdiction. In those areas of               maintenance of the 2008 ozone NAAQS                   IV. What is EPA’s analysis of Maryland’s and
                                               Indian country, the rule does not have                  through 2030 in the Washington Area.                       Virginia’s redesignation requests for the
                                               tribal implications and will not impose                 Approval of a maintenance plan is                          Washington Area?
                                               substantial direct costs on tribal                      among the CAA criteria for                               A. Has the Washington Area attained the
                                               governments or preempt tribal law as                    redesignation to attainment, as                            2008 ozone NAAQS?



                                          VerDate Sep<11>2014   18:59 Aug 07, 2018   Jkt 244001   PO 00000   Frm 00038   Fmt 4702   Sfmt 4702   E:\FR\FM\08AUP1.SGM   08AUP1


                                               39020                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                                 B. Have Maryland and Virginia met all                 redesignation requests and change the                    years in order to consider updated
                                                    applicable requirements of section 110             designation of their respective portions                 information regarding the effects of the
                                                    and part D of the CAA for the                      of the Washington Area from marginal                     criteria pollutants on human health and
                                                    Washington Area and does the
                                                                                                       nonattainment to attainment for the                      the environment. On July 18, 1997, EPA
                                                    Washington Area have a fully approved
                                                    SIP under section 110(k) of the CAA?               2008 ozone NAAQS. EPA is also                            promulgated a revised ozone NAAQS,
                                                 C. Are the air quality improvements in the            proposing to approve, as revisions to the                referred to as the 1997 ozone NAAQS,
                                                    Washington Area due to permanent and               District’s, Maryland’s, and Virginia’s                   of 0.08 ppm averaged over eight hours.
                                                    enforceable emission reductions?                   SIPs, the joint Washington Area                          62 FR 38855. This 8-hour ozone NAAQS
                                                 D. Do the District, Maryland, and Virginia            maintenance plan that was prepared by                    was determined to be more protective of
                                                    have fully approvable ozone                        the Metropolitan Washington Council of
                                                    maintenance plans for the Washington
                                                                                                                                                                public health than the previous 1979 1-
                                                                                                       Governments (MWCOG) and jointly                          hour ozone NAAQS. In 2008, EPA
                                                    Area?
                                                                                                       submitted by the District, Maryland, and                 strengthened the 8-hour ozone NAAQS
                                               V. Have the District, Maryland, and Virginia
                                                    adopted approvable MVEBs?                          Virginia. The maintenance plan is                        from 0.08 to 0.075 ppm. The 0.075 ppm
                                                 A. What are the MVEBs?                                designed to ensure continued                             standard is referred to as the 2008 ozone
                                                 B. What is the status of EPA’s adequacy               attainment in the Washington Area for                    NAAQS. See 73 FR 16436 (March 27,
                                                    determination for the proposed 2025 and            the next ten years. Additionally, EPA                    2008).
                                                    2030 VOC and NOX MVEBs for the                     has found the submitted MVEBs
                                                    Washington Area?                                   adequate and is proposing to approve,                       Upon promulgation of a new or
                                                 C. What is a safety margin and how was                as revisions to the District’s, Maryland’s,              revised NAAQS, section 107(d)(1)(B) of
                                                    it allocated?                                                                                               the CAA requires EPA to designate as
                                                                                                       and Virginia’s SIPs, the 2014, 2025, and
                                               VI. Proposed Action                                                                                              nonattainment any areas that are
                                               VII. General Information Pertaining to SIP              2030 MVEBs for NOX and VOC for the
                                                    Submittals From the Commonwealth of                Washington Area that are identified in                   violating the NAAQS based on the most
                                                    Virginia                                           the Washington Area maintenance plan.                    recent three years of quality-assured
                                               VIII. Statutory and Executive Order Reviews             The adequacy comment period for the                      ozone monitoring data. On May 21,
                                                                                                       MVEBs began on May 21, 2018, with                        2012 and June 11, 2012, EPA designated
                                               I. What are the actions EPA is                          EPA’s posting of the availability of the                 nonattainment areas for the 2008 ozone
                                               proposing?                                              District’s, Maryland’s, and Virginia’s                   NAAQS. 77 FR 30088 and 77 FR 34221.
                                                  On March 12, 2018, January 29, 2018,                 maintenance plan submittal on EPA’s                      Effective July 20, 2012, the Washington
                                               and January 3, 2018, the District,                      Adequacy website (at https://                            Area was designated as marginal
                                               Maryland, and Virginia, respectively,                   www.epa.gov/state-and-local-                             nonattainment for the 2008 ozone
                                               formally submitted a request to                         transportation). The adequacy comment                    NAAQS. The Washington Area consists
                                               redesignate their portions of the                       period for these MVEBs ended on June                     of the Counties of Calvert, Charles,
                                               Washington Area from marginal                           20, 2018. EPA did not receive any                        Frederick, Montgomery, and Prince
                                               nonattainment to attainment for the                     adverse comments on this submittal                       George’s in Maryland, the Counties of
                                               2008 ozone NAAQS. Concurrently, the                     during the adequacy comment period.                      Arlington, Fairfax, Loudoun, and Prince
                                               District, Maryland, and Virginia                        In letters dated July 24, 2018, EPA                      William and the Cities of Alexandria,
                                               formally submitted, as a revision to their              informed the District, Maryland, and                     Fairfax, Falls Church, Manassas, and
                                               respective SIPs, a joint maintenance                    Virginia that the 2014, 2025, and 2030                   Manassas Park Cities in Virginia, and
                                               plan for the Washington Area to ensure                  MVEBs are adequate for use in                            the District of Columbia. See 40 CFR
                                               continued attainment for at least 10                    transportation conformity analyses.1                     81.309, 81.321, and 81.347.
                                               years following redesignation. The                      Please see section V.B., ‘‘What Is the
                                                                                                       Status of EPA’s Adequacy                                    As stated previously, on March 12,
                                               maintenance plan includes MVEBs for                                                                              2018, January 29, 2018, and January 3,
                                               NOX and VOC for the years 2014, 2025,                   Determination for the Proposed NOX
                                                                                                       and VOC MVEBs for the Washington                         2018, the District, Maryland, and
                                               and 2030. Pursuant to CAA section
                                                                                                       Area?’’, of this rulemaking for further                  Virginia, respectively, formally
                                               107(d)(3), in this rulemaking action,
                                                                                                       explanation of this process.                             submitted requests to redesignate their
                                               EPA is proposing to approve the
                                                                                                                                                                respective portions of the Washington
                                               redesignation requests submitted by                     II. What is the background for these                     Area from marginal nonattainment to
                                               Maryland and Virginia for their portions                proposed actions?                                        attainment for the 2008 ozone NAAQS.
                                               of the Washington Area. EPA is not
                                               proposing to approve (at this time) the                   Under the CAA, EPA establishes                         The District, Maryland, and Virginia
                                               redesignation request from the District                 NAAQS for criteria pollutants in order                   concurrently submitted, as revisions to
                                               and will act on the District’s                          to protect human health and the                          their SIPs, a maintenance plan for the
                                               redesignation request for its portion of                environment. In response to scientific                   Washington Area to ensure continued
                                               the Area in a separate action. EPA is                   evidence linking ozone exposure to                       attainment for at least 10 years
                                               also proposing to approve, as revisions                 adverse health effects, EPA promulgated                  following redesignation. In this
                                               to the District’s, Maryland’s, and                      the first ozone NAAQS, the 0.12 part per                 rulemaking action, EPA is proposing to
                                               Virginia’s SIPs, the joint maintenance                  million (ppm) 1-hour ozone NAAQS, in                     approve the redesignation requests
                                               plan submitted by the District,                         1979. See 44 FR 8202 (February 8,                        submitted by Maryland and Virginia for
                                               Maryland, and Virginia.                                 1979). The CAA requires EPA to review                    their respective portions of the Area.
                                                  EPA is proposing to take several                     and reevaluate the NAAQS every 5                         EPA is not proposing to approve the
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                                               related actions. EPA is proposing to                                                                             redesignation request for the District for
                                                                                                         1 EPA originally informed the District, Maryland,
                                               determine that Maryland and Virginia                                                                             its portion and will act on the
                                                                                                       and Virginia that the 2014, 2025, and 2030 MVEBs
                                               have met the requirements for                           were adequate for use in transportation conformity       redesignation request for the District in
                                               redesignation for their respective                      analyses in letters dated July 18, 2018. EPA revised     a separate action. EPA is also proposing
                                               portions of the Washington Area                         language in these letters and sent the revised letters   to approve, as revisions to the District’s,
                                                                                                       to the District, Maryland, and Virginia on July 24,
                                               pursuant to section 107(d)(3)(E) of the                 2018. The original and revised letters are available
                                                                                                                                                                Maryland’s, and Virginia’s SIPs, the
                                               CAA. EPA is therefore proposing to                      online at https://www.regulations.gov, Docket ID:        maintenance plan jointly submitted by
                                               approve Maryland’s and Virginia’s                       EPA–R03–OAR–2018–0215.                                   the District, Maryland, and Virginia.


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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                    39021

                                               III. What are the criteria for                                Requests for Redesignation to                   monitoring season,3 on average, for the
                                               redesignation?                                                Attainment of the Ozone and Carbon              three-year period, with a minimum data
                                                                                                             Monoxide (CO) National Ambient Air              completeness of 75 percent during the
                                                  Section 107(d)(3)(E) of the CAA                            Quality Standards (NAAQS) On or After
                                               allows redesignation of an area to                            November 15, 1992,’’ Memorandum from
                                                                                                                                                             ozone monitoring season of any year
                                               attainment of the NAAQS provided that:                        Michael H. Shapiro, Acting Assistant            during the three-year period. See section
                                               (1) The Administrator (EPA) determines                        Administrator for Air and Radiation,            2.3 of appendix P to 40 CFR part 50.
                                               that the area has attained the applicable                     September 17, 1993 (the ‘‘Shapiro                  As part of the final rule,
                                               NAAQS; (2) the Administrator has fully                        memorandum’’);                                  ‘‘Implementation of the 2008 National
                                                                                                       8. ‘‘Use of Actual Emissions in Maintenance           Ambient Air Quality Standards for
                                               approved the applicable                                       Demonstrations for Ozone and CO
                                               implementation plan for the area under                                                                        Ozone: State Implementation Plan (SIP)
                                                                                                             Nonattainment Areas,’’ Memorandum               Requirements,’’ for the 2008 ozone
                                               section 110(k) of the CAA; (3) the                            from D. Kent Berry, Acting Director, Air
                                               Administrator determines that the                             Quality Management Division,
                                                                                                                                                             NAAQS (80 FR 12264, March 6, 2015)
                                               improvement in air quality is due to                          November 30, 1993;                              (hereinafter, SIP Requirements Rule),
                                               permanent and enforceable reductions                    9. ‘‘Part D New Source Review (part D NSR)            EPA modified the maximum attainment
                                               in emissions resulting from                                   Requirements for Areas Requesting               dates for all nonattainment areas for the
                                               implementation of the applicable SIP,
                                                                                                             Redesignation to Attainment,’’                  2008 ozone NAAQS to be consistent
                                                                                                             Memorandum from Mary D. Nichols,                with the United States Court of Appeals
                                               applicable federal air pollutant control                      Assistant Administrator for Air and
                                               regulations, and other permanent and                                                                          for the District of Columbia Circuit’s
                                                                                                             Radiation, October 14, 1994; and                (D.C. Circuit) decision in NRDC v. EPA,
                                               enforceable emission reductions; (4) the                10. ‘‘Reasonable Further Progress, Attainment
                                               Administrator has fully approved a                            Demonstration, and Related                      777 F .3d 456, 464–69 (D.C. Cir. 2014).4
                                               maintenance plan for the area as                              Requirements for Ozone Nonattainment            The SIP Requirements Rule established
                                               meeting the requirements of section                           Areas Meeting the Ozone National                a maximum deadline for marginal
                                               175A of the CAA; and (5) the State                            Ambient Air Quality Standard,’’                 nonattainment areas to attain the 2008
                                                                                                             Memorandum from John S. Seitz,                  ozone NAAQS of three years from the
                                               containing the area has met all                               Director, Office of Air Quality Planning
                                               requirements applicable to the area for                                                                       effective date of designation, or July 20,
                                                                                                             and Standards, May 10, 1995.                    2015. See 80 FR at 12268; 40 CFR
                                               purposes of redesignation under section
                                               110 and part D of the CAA.                              IV. What is EPA’s analysis of                         51.1103.5
                                                  On April 16, 1992, EPA provided                      Maryland’s and Virginia’s
                                                                                                                                                                3 The ozone season is defined by state in 40 CFR
                                               guidance on redesignations in the                       redesignation requests for the
                                                                                                                                                             58 appendix D. For the 2013–2015 time period, the
                                               General Preamble for the                                Washington Area?                                      ozone season was April–October for the states in
                                               Implementation of Title I of the CAA                    A. Has the Washington Area attained                   the Area. Beginning in 2016, the ozone season is
                                               Amendments of 1990 (57 FR 13498) and                                                                          March–October for the states in the Washington
                                                                                                       the 2008 ozone NAAQS?                                 Area. See 80 FR 65292, 65466–67 (October 26,
                                               supplemented this guidance on April                                                                           2015).
                                                                                                          For redesignation of a nonattainment
                                               28, 1992 (57 FR 18070). EPA has                                                                                  4 In a final rule published on May 21, 2012 and
                                                                                                       area to attainment, the CAA requires
                                               provided further guidance on processing                                                                       effective July 20, 2012, EPA established the air
                                                                                                       EPA to determine that the area has
                                               redesignation requests in the following                                                                       quality thresholds that define the classification
                                                                                                       attained the applicable NAAQS. See                    assigned to all nonattainment areas for the 2008
                                               documents:
                                                                                                       CAA section 107(d)(3)(E)(i). An area is               ozone NAAQS (the Classifications Rule). See 77 FR
                                               1. ‘‘Ozone and Carbon Monoxide Design                   attaining the 2008 ozone NAAQS if it                  30160. This rulemaking also established December
                                                     Value Calculations,’’ Memorandum from                                                                   31 of each relevant calendar year as the attainment
                                                                                                       meets the 2008 ozone NAAQS, as                        date for all nonattainment area classification
                                                     Bill Laxton, Director, Technical Support
                                                                                                       determined in accordance with 40 CFR                  categories. Section 181 of the CAA provides that the
                                                     Division, June 18, 1990;
                                               2. ‘‘Maintenance Plans for Redesignation of             50.15 and appendix P of part 50, based                attainment deadline for ozone nonattainment area
                                                                                                       on three complete, consecutive calendar               is ‘‘as expeditiously as practicable’’ but no later
                                                     Ozone and Carbon Monoxide                                                                               than the prescribed dates that are provided in Table
                                                     Nonattainment Areas,’’ Memorandum                 years of quality-assured air quality data             1 of that section. In the Classifications Rule, EPA
                                                     from G.T. Helms, Chief, Ozone/Carbon              for all monitoring sites in the area. To              translated the deadlines in Table 1 of CAA section
                                                     Monoxide Programs Branch, April 30,               attain the NAAQS, the three-year                      181 for purposes of the 2008 standard by measuring
                                                     1992;                                             average of the annual fourth-highest                  those deadlines from the effective date of the new
                                               3. ‘‘Contingency Measures for Ozone and                                                                       designations, but extended those deadlines by
                                                                                                       daily maximum 8-hour average ozone                    several months to December 31 of the
                                                     Carbon Monoxide (CO) Redesignations,’’            concentrations, referred to as ozone                  corresponding calendar year. Pursuant to a
                                                     Memorandum from G.T. Helms, Chief,                design values, at each monitor must not               challenge of EPA’s interpretation of the attainment
                                                     Ozone/Carbon Monoxide Programs                                                                          deadlines, on December 23, 2014, the D.C. Circuit
                                                     Branch, June 1, 1992;
                                                                                                       exceed 0.075 ppm.2 The air quality data
                                                                                                                                                             issued a decision rejecting, among other things, the
                                               4. ‘‘Procedures for Processing Requests to              must be collected and quality-assured in              Classifications Rule’s attainment deadlines for the
                                                     Redesignate Areas to Attainment,’’                accordance with 40 CFR part 58 and                    2008 ozone nonattainment areas, finding that EPA
                                                     Memorandum from John Calcagni,                    recorded in EPA’s Air Quality System                  did not have statutory authority under the CAA to
                                                     Director, Air Quality Management                  (AQS). Ambient air quality monitoring                 extend those deadlines to the end of the calendar
                                                                                                                                                             year. NRDC v. EPA, 777 F .3d 456, 464–69 (D.C. Cir.
                                                     Division, September 4, 1992 (the                  data for the 3-year period must also                  2014).
                                                     ‘‘Calcagni memorandum’’);                         meet data completeness requirements.                     5 On February 16, 2018, the United States Court
                                               5. ‘‘State Implementation Plan (SIP) Actions            An ozone design value is valid if daily               of Appeals for the District of Columbia Circuit (D.C.
                                                     Submitted in Response to Clean Air Act            maximum 8-hour average                                Cir. Court) issued an opinion on the SIP
                                                     (CAA) Deadlines,’’ Memorandum from                                                                      Requirements Rule. South Coast Air Quality Mgmt.
                                                     John Calcagni, Director, Air Quality
                                                                                                       concentrations are available for at least
                                                                                                                                                             Dist. v. EPA, No. 15–1115 (D.C. Cir. Feb. 16, 2018).
                                                                                                       90 percent of the days within the ozone
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                                                     Management Division, October 28, 1992;                                                                  The D.C. Cir. Court found certain provisions from
                                               6. ‘‘Technical Support Documents (TSDs) for                                                                   the SIP Requirements Rule unreasonable including
                                                                                                         2 The rounding convention under 40 CFR part 50,     EPA’s provision for a ‘‘redesignation substitute.’’
                                                     Redesignation of Ozone and Carbon
                                                     Monoxide (CO) Nonattainment Areas,’’              appendix P dictates that concentrations shall be      The D.C. Cir. Court vacated these provisions and
                                                                                                       reported in ppm to the third decimal place, with      found redesignations must comply with all required
                                                     Memorandum from G.T. Helms, Chief,                additional digits to the right of the third decimal   elements in CAA section 107(d)(3) and thus found
                                                     Ozone/Carbon Monoxide Programs                    place truncated. Thus, a computed three-year          the ‘‘redesignation substitute’’ which did not
                                                     Branch, August 17, 1993;                          average ozone concentration of 0.0759 ppm or          require all items in CAA section 107(d)(3)(E)
                                               7. ‘‘State Implementation Plan (SIP)                    lower would meet the standard, but 0.0760 ppm or      violated the CAA and was thus unreasonable. The
                                                     requirements for Areas Submitting                 higher would be over the standard.                                                               Continued




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                                               39022                 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                                  In a final rulemaking action published                              On November 14, 2017 (82 FR 52651),                                             values, as submitted by the District,
                                               on May 4, 2016, EPA determined that                                 in accordance with section 181(b)(2)(A)                                            Maryland, and Virginia and recorded in
                                               the Washington Area did not attain the                              of the CAA and Provisions for                                                      EPA’s AQS. The quality-assured,
                                               2008 ozone NAAQS by its July 20, 2015                               Implementation of the 2008 Ozone                                                   quality-controlled, and state-certified
                                               attainment date, based on ambient air                               NAAQS (40 CFR part 51, subpart AA),                                                2014 to 2016 ozone air quality data
                                               quality monitoring data for the 2012–                               EPA made a determination that the                                                  shows that the Washington Area
                                               2014 monitoring period. In that same                                Washington Area attained the 2008                                                  continues to attain the 2008 ozone
                                               action, EPA determined that the                                     ozone NAAQS by the July 20, 2016                                                   NAAQS. This data, as well as the
                                               Washington Area qualified for a 1-year                              attainment date. EPA’s determination                                               preliminary design values for 2017, are
                                               extension of its attainment date, as                                was based upon three years of complete,                                            summarized in Table 1 and are also
                                               provided in section 181(a)(5) of the CAA                            certified, and quality-assured data for                                            included in the docket for this
                                               and interpreted by regulation at 40 CFR                             the 2013–2015 monitoring period.
                                                                                                                                                                                                      rulemaking available online at http://
                                               51.1107. With that final rulemaking                                    In addition, EPA has reviewed the
                                               action, the new attainment date for the                             most recent ambient air quality                                                    www.regulations.gov, Docket ID: EPA–
                                               Washington Area was July 20, 2016. See                              monitoring data for ozone in the Area,                                             R03–OAR–2018–0215.
                                               81 FR 26697 (May 4, 2016).                                          including preliminary 2017 design
                                                                TABLE 1—WASHINGTON AREA 2014–2016 AND PRELIMINARY 2015–2017 OZONE DESIGN VALUES
                                                                                                                                                                                               Annual 4th highest reading             2014–        2015–
                                                                                                                                                                                                         (ppm)                         2016        2017
                                                  AQS Site ID                                Site description                                            Jurisdiction                                                                 design      design
                                                                                                                                                                                        2014            2015          2016    2017    value        value
                                                                                                                                                                                                                                      (ppm)       (ppm) 6

                                               11–001–0041 7 .....   420 34th Street NE, Washington, DC 20019 ...........                      District of Columbia .........          ............    ............   0.065   0.056     0.056        0.060
                                               11–001–0043 .......   2500 1st Street NW, Washington, DC .....................                  District of Columbia .........             0.068           0.072       0.072   0.071     0.070        0.071
                                               11–001–0050 .......   300 Van Buren Street NW, Washington, DC 20012                             District of Columbia .........             0.069             0.72      0.071   0.067     0.070        0.070
                                               24–009–0011 .......   350 Stafford Road ....................................................    Maryland .........................         0.070           0.067       0.070   0.066     0.069        0.067
                                               24–017–0010 .......   14320 Oaks Road ....................................................      Maryland .........................         0.070           0.068       0.073   0.068     0.070        0.069
                                               24–021–0037 .......   Frederick County Airport ..........................................       Maryland .........................         0.063           0.070       0.070   0.067     0.067        0.069
                                               24–031–3001 .......   Lathrop E. Smith Environmental Education Center                           Maryland .........................         0.064           0.072       0.068   0.065     0.068        0.068
                                               24–033–0030 .......   Howard University’s Beltsville Laboratory ................                Maryland .........................         0.065           0.072       0.070   0.069     0.069        0.070
                                               24–033–8003 .......   PG County Equestrian Center ..................................            Maryland .........................         0.069           0.069       0.073   0.072     0.070        0.071
                                               24–033–9991 .......   Powder Mill Rd., Laurel, MD 20708 .........................               Maryland .........................         0.069           0.067       0.070   0.070     0.068        0.069
                                               51–013–0020 .......   S 18th and Hayes St. ...............................................      Virginia ............................      0.071           0.073       0.072   0.070     0.072        0.071
                                               51–059–0030 .......   STA. 46–B9, Lee Park, Telegraph Road .................                    Virginia ............................      0.065           0.072       0.073   0.068     0.070        0.071
                                               51–107–1005 .......   38–I, Broad Run High School, Ashburn ...................                  Virginia ............................      0.063           0.071       0.068   0.066     0.067        0.068
                                               51–153–0009 .......   James S. Long Park .................................................      Virginia ............................      0.062           0.067       0.067   0.065     0.065        0.066



                                                 The Washington Area’s most recent                                 B. Have Maryland and Virginia met all                                              applicable to the Area and determined
                                               monitoring data supports EPA’s                                      applicable requirements of section 110                                             that the portions of the Maryland and
                                               previous determination that the Area                                and part D of the CAA for the                                                      Virginia SIPs meeting these
                                               has attained, and continues to attain, the                          Washington Area and does the                                                       requirements are fully approved under
                                               2008 ozone NAAQS. In addition, as                                   Washington Area have a fully approved                                              section 110(k) of the CAA. We note that
                                               discussed subsequently with respect to                              SIP under section 110(k) of the CAA?                                               SIPs must be fully approved only with
                                               the maintenance plan for the                                                                                                                           respect to applicable requirements.
                                                                                                                     EPA has determined that Maryland                                                    The September 4, 1992 Calcagni
                                               Washington Area, Maryland and
                                                                                                                   and Virginia have met all SIP                                                      memorandum (‘‘Procedures for
                                               Virginia have committed to continue
                                                                                                                   requirements applicable for purposes of                                            Processing Requests to Redesignate
                                               monitoring ambient ozone
                                                                                                                   this redesignation of the Maryland and                                             Areas to Attainment,’’ Memorandum
                                               concentrations in accordance with 40
                                                                                                                   Virginia portions of the Washington                                                from John Calcagni, Director, Air
                                               CFR part 58. Therefore, EPA is
                                                                                                                   Area under section 110 of the CAA                                                  Quality Management Division,
                                               proposing to determine that the                                     (General SIP Requirements) and that                                                September 4, 1992) describes EPA’s
                                               Washington Area continues to attain the                             they have met all applicable SIP                                                   interpretation of section 107(d)(3)(E)
                                               2008 8-hour ozone NAAQS, which is                                   requirements under part D of Title I of                                            with respect to the timing of applicable
                                               required by CAA section 107(d)(3)(E)(i)                             the CAA, in accordance with section                                                requirements. Under this interpretation,
                                               for redesignation of a nonattainment                                107(d)(3)(E)(v). In addition, EPA has                                              to qualify for redesignation, states
                                               area to attainment.                                                 determined that the Maryland and                                                   requesting redesignation to attainment
                                                                                                                   Virginia SIPs are fully approved with                                              must meet only the relevant CAA
                                                                                                                   respect to all requirements applicable                                             requirements that come due prior to the
                                                                                                                   for purposes of redesignation in                                                   submittal of a complete redesignation
                                                                                                                   accordance with section 107(d)(3)(E)(ii).                                          request. See also Shapiro memorandum,
                                                                                                                   In making these determinations, EPA                                                September 17, 1993, and 60 FR 12459,
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                                                                                                                   ascertained what requirements are                                                  12465–12466, (March 7, 1995)

                                               D.C. Cir. Court also vacated other provisions                         6 As noted previously, the 2017 design values are                                due to renovations at the monitoring site. The River
                                               relating to anti-backsliding in the SIP Requirements                preliminary.                                                                       Terrace monitor was reinstated in 2016, and began
                                               Rule as the Court found them unreasonable. Id. The                    7 The 2014 and 2015 data at monitoring site 11–                                  operation in May 2016. The temporary shutdown of
                                               D.C. Circuit found other parts of the 2008 Ozone                    001–0041 (also referred to as ‘‘the River Terrace                                  the River Terrace monitor is discussed in more
                                               SIP Requirements Rule unrelated to anti-                            monitor’’) is incomplete. Therefore, the 2016 and                                  detail in the TSD for this rulemaking action
                                               backsliding and this action reasonable and denied                   2017 design values are invalid. The River Terrace                                  available online at https://www.regulations.gov,
                                               the petition for appeal on those. Id.                               monitor was temporarily shut down in March 2014                                    Docket ID: EPA–R03–OAR–2018–0215.



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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                              39023

                                               (redesignation of Detroit-Ann Arbor).8                  measures to prevent sources in a state                  redesignation. This approach is
                                               Applicable requirements of the CAA                      from significantly contributing to air                  consistent with EPA’s existing policy on
                                               that come due subsequent to the area’s                  quality problems in another state. To                   applicability (e.g., for redesignations) of
                                               submittal of a complete redesignation                   implement this provision, EPA has                       conformity and oxygenated fuels
                                               request remain applicable until a                       required certain states to establish                    requirements, as well as with section
                                               redesignation is approved, but are not                  programs to address transport of air                    184 ozone transport region (OTR)
                                               required as a prerequisite to                           pollutants, in accordance with the NOX                  requirements. See, e.g., Reading,
                                               redesignation. Section 175A(c) of the                   SIP Call,9 amendments to the NOX SIP                    Pennsylvania, proposed and final
                                               CAA. Sierra Club v. EPA, 375 F .3d 537                  Call, May 14, 1999 (64 FR 26298), and                   rulemakings for redesignation, 61 FR
                                               (7th Cir. 2004). See also 68 FR 25424,                  March 2, 2000 (65 FR 11222), and the                    53174–53176 (October 10, 1996) and 62
                                               25427 (May 12, 2003) (redesignation of                  Cross-State Air Pollution Rule (CSAPR)                  FR 24826 (May 7, 1997); Cleveland-
                                               the St. Louis/East St. Louis area to                    Update, October 26, 2016 (81 FR 74504).                 Akron-Lorain, Ohio, final rulemaking
                                               attainment of the 1-hour ozone                          However, the section 110(a)(2)(D) SIP                   for redesignation, 61 FR 20458 (May 7,
                                               NAAQS).                                                 requirements are not linked with a                      1996); and Tampa, Florida final
                                                                                                       particular area’s ozone designation and                 rulemaking for redesignation, 60 FR
                                               1. Maryland and Virginia Have Met All                   classification. EPA concludes that the                  62748 (December 7, 1995). For further
                                               Applicable Requirements of Section 110                  SIP requirements linked with an area’s                  information and analysis, see the
                                               and Part D of the CAA Applicable to the                 ozone designation and classification are                discussion of this issue in the
                                               Washington Area for Purposes of                         the relevant measures to evaluate when                  Cincinnati, Ohio ozone redesignation
                                               Redesignation                                           reviewing a redesignation request for                   (65 FR 37890, June 19, 2000), and the
                                               a. Section 110 General Requirements                     the area. The section 110(a)(2)(D)                      Pittsburgh, Pennsylvania ozone
                                               for SIPs                                                requirements, where applicable,                         redesignation (66 FR 50399, October 19,
                                                  Section 110(a)(2) of Title I of the CAA              continue to apply to a state regardless of              2001).
                                               contains the general requirements for a                 the designation (or redesignation) of any                  EPA has reviewed Maryland’s and
                                               SIP, which include enforceable                          one particular area within the state.                   Virginia’s SIPs and concludes that they
                                                                                                       Thus, these requirements are not                        meet the general SIP requirements
                                               emissions limitations and other control
                                                                                                       applicable requirements for purposes of                 under section 110 of the CAA, to the
                                               measures, means, or techniques,
                                                                                                       redesignation. See 65 FR 37890 (June                    extent those requirements are applicable
                                               provisions for the establishment and
                                                                                                       15, 2000), 66 FR 50399 (October 19,                     for purposes of redesignation. On
                                               operation of appropriate devices
                                                                                                       2001), and 68 FR 25418, 25426–25427                     November 17, 2014 (79 FR 62010) and
                                               necessary to collect data on ambient air
                                                                                                       (May 13, 2003).                                         March 27, 2014 (79 FR 17043), EPA
                                               quality, and programs to enforce the
                                                                                                          Similarly, other section 110 elements                approved elements of the SIPs
                                               limitations. The general SIP elements
                                                                                                       that are neither connected with                         submitted by Maryland and Virginia,
                                               and requirements set forth in section
                                                                                                       attainment plan submissions nor linked                  respectively, which, with the exception
                                               110(a)(2) include, but are not limited to,
                                                                                                       with an area’s ozone attainment status                  of interstate transport, meet the
                                               the following: (1) Submit a SIP that has                                                                        requirements of CAA section 110(a)(2),
                                                                                                       are not applicable requirements for
                                               been adopted by the state after                                                                                 for the 2008 ozone NAAQS. As
                                                                                                       purposes of redesignation. An area that
                                               reasonable public notice and hearing;                                                                           explained previously, the general
                                                                                                       is redesignated from nonattainment to
                                               (2) include enforceable emission                                                                                requirements of section 110(a)(2) are
                                                                                                       attainment will remain subject to these
                                               limitations and other control measures,                                                                         statewide requirements that are not
                                                                                                       statewide requirements after the area is
                                               means, or techniques necessary to meet                                                                          linked to the 2008 8-hour ozone
                                                                                                       redesignated to attainment of the 2008
                                               the requirements of the CAA; (3)                                                                                nonattainment status of the Washington
                                                                                                       ozone NAAQS. The section 110(a)(2)
                                               provide for establishment and operation                                                                         Area and are therefore not ‘‘applicable
                                                                                                       requirements, which are linked with a
                                               of appropriate devices, methods,                                                                                requirements’’ for purpose of the review
                                                                                                       particular area’s designation and
                                               systems and procedures necessary to                                                                             of Maryland’s and Virginia’s 2008 ozone
                                                                                                       classification, are the relevant measures
                                               monitor ambient air quality; (4) provide                                                                        NAAQS redesignation requests. Because
                                                                                                       to evaluate in reviewing a redesignation
                                               for implementation of a source permit                                                                           Maryland’s and Virginia’s SIPs satisfy
                                                                                                       request. The section 110(a)(2) elements
                                               program to regulate the modification                                                                            all of the general SIP elements and
                                                                                                       not linked to the area’s nonattainment
                                               and construction of stationary sources                                                                          requirements set forth in CAA section
                                                                                                       status are not applicable for purposes of
                                               within the areas covered by the plan; (5)                                                                       110(a)(2) applicable to and necessary for
                                               include provisions for the                                 9 On October 27, 1998 (63 FR 57356), EPA             redesignation, EPA concludes that
                                               implementation of part C prevention of                  finalized the ‘‘Finding of Significant Contribution     Maryland and Virginia have satisfied
                                               significant deterioration (PSD) and part                and Rulemaking for Certain States in the Ozone          the criterion of section 107(d)(3)(E)
                                               D new source review (NSR) permit                        Transport Assessment Group Region for Purposes of
                                                                                                                                                               regarding section 110 of the CAA.
                                               programs; (6) include provisions for                    Reducing Regional Transport of Ozone’’—
                                                                                                       commonly called the NOX SIP Call. The NOX SIP           b. Part D Requirements
                                               stationary source emission control                      call requires the District of Columbia and 22 states
                                               measures, monitoring, and reporting; (7)                to reduce emissions of NOX in order to reduce the          Areas designated nonattainment for
                                               include provisions for air quality                      transport of ozone and ozone precursors. EPA            the ozone NAAQS are subject to the
                                               modeling; and, (8) provide for public                   developed the NOX Budget Trading Program, an
                                                                                                       allowance trading program that states could adopt
                                                                                                                                                               applicable nonattainment area and
                                               and local agency participation in                       to meet their obligations under the NOX SIP Call.       ozone-specific planning requirements of
                                               planning and emission control rule                      The NOX Budget Trading Program allowed electric         part D of the CAA. Sections 172–176 of
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                                               development.                                            generating units (EGUs) greater than 25 megawatts       the CAA, found in subpart 1 of part D,
                                                  Section 110(a)(2)(D) of the CAA                      and industrial non-electric generating units, such as
                                                                                                       boilers and turbines, with a rated heat input greater
                                                                                                                                                               set forth the basic nonattainment
                                               requires SIPs to contain certain                        than 250 million British thermal units per hour         requirements for all nonattainment
                                                                                                       (MMBtu/hr), referred to as ‘‘large non-EGUs’’, to       areas. Section 172(c), under part D of
                                                 8 The Calcagni memorandum and Shapiro                 participate in a regional NOX cap and trade             the CAA, sets forth the basic
                                               memorandum are included in the docket for this          program. The NOX SIP call also established
                                               rulemaking available online at http://                  reduction requirements for other non-EGUs,
                                                                                                                                                               requirements of air quality plans for
                                               www.regulations.gov, Docket ID: EPA–R03–OAR–            including cement kilns and stationary internal          states with nonattainment areas for all
                                               2018–0215.                                              combustion (IC) engines.                                pollutants that are required to submit


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                                               39024                 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               plans pursuant to section 172(b).                        for this is based on two considerations.             provide for attainment of the NAAQS.
                                               Section 182 of the CAA, found in                         First, the requirement to submit SIP                 Because attainment has been reached in
                                               subpart 2 of part D, establishes specific                revisions for the section 184                        the Area, EPA finds no additional
                                               requirements for ozone nonattainment                     requirements continues to apply to areas             measures are needed in the SIPs to
                                               areas depending on the areas’                            in the OTR even after redesignation to               provide for attainment.
                                               nonattainment classifications.10 The                     attainment. Therefore, states remain                   Section 172(c)(7) requires the SIP to
                                               Washington Area was classified as                        obligated to have NSR, as well as RACT,              meet the applicable provisions of
                                               marginal under subpart 2 of part D of                    and I/M programs, even after                         section 110(a)(2). As noted previously,
                                               the CAA for the 2008 ozone NAAQS. As                     redesignation. Second, the section 184               Maryland’s and Virginia’s SIPs meet the
                                               such, the Area is subject to the subpart                 control measures are region-wide                     applicable requirements of section
                                               1 requirements contained in CAA                          requirements and do not apply to the                 110(a)(2) for purposes of redesignation.
                                               sections 172(c) and 176. The Area is                     area by virtue of the area’s designation
                                               also subject to the subpart 2                            and classification, and thus are properly            ii. CAA Section 176 Conformity
                                               requirements contained in CAA section                    considered not relevant to an action                 Requirements
                                               182(a) (marginal nonattainment area                      changing an area’s designation. See 61                  Section 176(c) of the CAA requires
                                               requirements), which include, but are                    FR 53174, 53175–53176 (October 10,                   states to establish criteria and
                                               not limited to, submitting a baseline                    1996) and 62 FR 24826, 24830–24832                   procedures to ensure that federally
                                               emissions inventory, adopting a SIP                      (May 7, 1997).                                       supported or funded projects conform to
                                               requiring emissions statements from                                                                           the air quality planning goals in the
                                                                                                        i. CAA Section 172 Requirements
                                               stationary sources, and implementing a                                                                        applicable SIP. The requirement to
                                               nonattainment NSR (NNSR) program for                        As provided in CAA part D, subpart                determine conformity applies to
                                               the relevant ozone standard. A thorough                  2, for marginal ozone nonattainment                  transportation plans, programs, and
                                               discussion of the requirements                           areas such as the Washington Area, the               projects that are developed, funded, or
                                               contained in CAA sections 172(c) and                     ozone specific requirements of section               approved under title 23 of the United
                                               182 can be found in the General                          182(a) supersede (where overlapping)                 States Code (U.S.C.) and the Federal
                                               Preamble for Implementation of Title I                   the attainment planning requirements                 Transit Act (transportation conformity)
                                               (57 FR 13498).                                           that would otherwise apply under                     as well as to all other federally
                                                  Additionally, states located in the                   section 172(c), including the attainment             supported or funded projects (general
                                               OTR, which includes Maryland and                         demonstration and reasonably available               conformity). State transportation
                                               portions of Virginia,11 are also subject to              control measures (RACM) under section                conformity SIP revisions must be
                                               the requirements of CAA section 184.                     172(c)(1), reasonable further progress               consistent with federal conformity
                                               All areas located in the OTR, both                       (RFP) under section 172(c)(2), and                   regulations relating to consultation,
                                               attainment and nonattainment, are                        contingency measures under section                   enforcement, and enforceability that
                                               subject to additional control                            172(c)(9). 42 U.S.C. 7511a(a).                       EPA promulgated pursuant to its
                                               requirements under section 184 for the                      Section 172(c)(3) requires submission             authority under the CAA.
                                               purpose of reducing interstate transport                 and approval of a comprehensive,                        EPA interprets the conformity SIP
                                               of emissions that may contribute to                      accurate, and current inventory of actual            requirements 12 as not applicable for
                                               downwind ozone nonattainment. The                        emissions. This requirement is                       purposes of evaluating a redesignation
                                               section 184 requirements include                         superseded by the inventory                          request under section 107(d) because
                                               reasonably available control technology                  requirement in section 182(a)(1)                     state conformity rules are still required
                                               (RACT), NSR, enhanced vehicle                            discussed later in this notice.                      after redesignation and federal
                                               inspection and maintenance (I/M), and                       Section 172(c)(4) requires the
                                                                                                                                                             conformity rules apply where state
                                               Stage II vapor recovery or a comparable                  identification and quantification of
                                                                                                                                                             conformity rules have not been
                                               measure relating to gasoline dispensing                  allowable emissions for major new and
                                                                                                                                                             approved. See Wall v. EPA, 265 F .3d
                                               facilities.                                              modified sources in an area, and section
                                                                                                                                                             426 (6th Cir. 2001) (upholding this
                                                  EPA has interpreted the section 184                   172(c)(5) requires source permits for the
                                                                                                                                                             interpretation); see also 60 FR 62748
                                               OTR requirements, including the NSR                      construction and operation of new and
                                                                                                                                                             (December 7, 1995) (redesignation of
                                               program, as not being applicable for                     modified major stationary sources
                                                                                                                                                             Tampa, Florida).
                                               purposes of redesignation. The rationale                 anywhere in the nonattainment area
                                                                                                        (NNSR). As explained previously, the                 iii. Section 182 Requirements
                                                 10 Ozone   nonattainment areas are classified based    Washington Area is included in the                      Section 182(a)(1) requires states to
                                               on the severity of their ozone levels (as determined     OTR established by Congress in section               submit a comprehensive, accurate, and
                                               based on the area’s ‘‘design value,’’ which              184 of the CAA. Therefore, sources
                                               represents air quality in the area for the most recent                                                        current inventory of actual emissions
                                               3 years). The possible classifications for ozone
                                                                                                        located in Maryland and the portions of              from sources of NOX and VOC emitted
                                               nonattainment areas are Marginal, Moderate,              Virginia included in the OTR will                    within the boundaries of the ozone
                                               Serious, Severe, and Extreme. See CAA section            remain subject to the part D NNSR                    nonattainment area. On July 17, 2014,
                                               181(a)(1).                                               requirements even after the Washington
                                                 11 The OTR is comprised of the states of                                                                    the District and Virginia submitted a
                                                                                                        Area is redesignated to attainment.                  joint 2011 base year emissions inventory
                                               Connecticut, Delaware, Maine, Maryland,
                                               Massachusetts, New Hampshire, New Jersey, New            Since the part D NNSR requirements                   addressing NOX and VOC emissions, as
                                               York, Pennsylvania, and the Consolidated                 apply to the Washington Area regardless              well as carbon monoxide (CO)
                                               Metropolitan Statistical Area, which includes the        of its attainment status, they are not               emissions, for the Washington Area. On
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                                               District of Columbia and portions of Virginia. The       considered to be relevant for purposes
                                               areas designated as in the Virginia portion of the
                                               OTR are as follows: Arlington County, Fairfax            of redesignation. Regardless, Maryland                  12 CAA section 176(c)(4)(E) requires states to

                                               County, Loudoun County, Prince William County,           and Virginia both have an approved                   submit revisions to their SIPs to reflect certain
                                               Stafford County, Alexandria City, Fairfax City, Falls    NNSR program. See 82 FR 45475                        federal criteria and procedures for determining
                                               Church City, Manassas City, and Manassas Park            (September 29, 2017) and 64 FR 51047                 transportation conformity. Transportation
                                               City. See, e.g. ‘‘Approval and Promulgation of Air                                                            conformity SIPs are different from SIPs requiring
                                               Quality Implementation Plans; Virginia; NSR in the       (September 21, 1999).                                the development of Motor Vehicle Emission
                                               Ozone Transport Region’’, 71 FR 39570 (July 13,             Section 172(c)(6) requires the SIP to             Budgets (MVEBs), such as control strategy SIPs and
                                               2006) and 71 FR 890 (January 6, 2006).                   contain control measures necessary to                maintenance plans.



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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                          39025

                                               August 4, 2014, Maryland submitted its                  covering Maryland’s portion of the                    2. Maryland and Virginia Have Fully
                                               2011 base year emissions inventory for                  Washington Area is at least as stringent              Approved SIPs for Purposes of
                                               the Washington Area, which also                         as the requirements at 40 CFR 51.165, as              Redesignation Under Section 110(k) of
                                               addressed NOX, VOC, and CO. EPA                         amended by the SIP Requirements Rule.                 the CAA
                                               approved the District’s, Maryland’s, and                On May 11, 2017, Virginia formally
                                               Virginia’s base year emissions                          submitted a SIP revision to address the                  At various times, Maryland and
                                               inventories for NOX and VOC for the                     specific NNSR requirements for the                    Virginia have adopted and submitted,
                                               2008 ozone NAAQS on May 13, 2015                        2008 ozone NAAQS, located in 40 CFR                   and EPA has approved, provisions
                                               (80 FR 27255). On July 23, 2015 (80 FR                  51.160–165. In Virginia’s SIP revision,               addressing the various SIP elements
                                               43625), EPA approved the District’s,                    Virginia is certifying that its existing              applicable for the ozone NAAQS. As
                                               Maryland’s, and Virginia’s base year                    NNSR program covering Virginia’s                      discussed previously, EPA has fully
                                               emission inventories for CO.                            portion of the Washington Area is at                  approved Maryland’s and Virginia’s
                                                  Under section 182(a)(2)(A), states                   least as stringent as the requirements at             SIPs for the Washington Area under
                                               with ozone nonattainment areas that                     40 CFR 51.165, as amended by the SIP                  section 110(k) for all requirements
                                               were designated prior to the enactment                  Requirements Rule. EPA proposed                       applicable for purposes of redesignation
                                               of the 1990 CAA amendments were                         approval of Virginia’s May 11, 2017 SIP               under the 2008 ozone NAAQS. EPA
                                               required to submit, within six months of                revision addressing the NNSR                          may rely on prior SIP approvals in
                                               classification, all rules and corrections               requirements for the 2008 ozone                       approving a redesignation request (see
                                               to existing RACT rules that were                        NAAQS on April 4, 2018 (83 FR                         the Calcagni memorandum at page 3;
                                               required under section 172(b)(3) prior to               14386).13                                             Southwestern Pennsylvania Growth
                                               the 1990 CAA amendments. EPA                              Section 182(a)(3) requires states to                Alliance v. Browner, 144 F.3d 984, 989–
                                               approved Maryland’s and Virginia’s SIP                  submit periodic emission inventories                  990 (6th Cir. 1998); Wall v. EPA, 265
                                               revisions satisfying the section 182(a)(2)              and a revision to the SIP to require the              F.3d 426), plus any additional measures
                                               RACT ‘‘fix-up’’ requirement on March                    owners or operators of stationary                     it may approve in conjunction with a
                                               31, 1994 (59 FR 15117) and November                     sources to annually submit emission
                                                                                                                                                             redesignation action (see 68 FR 25426
                                               29, 1994 (59 FR 60908).                                 statements documenting actual NOX and
                                                  Section 182(c)(3) of the CAA requires                                                                      (May 12, 2003) and citations therein).
                                                                                                       VOC emissions. Maryland and Virginia
                                               areas classified as serious and above to                submit periodic emission inventories as               C. Are the air quality improvements in
                                               adopt and implement an enhanced I/M                     required by CAA section 182(a)(3). As                 the Washington area due to permanent
                                               program. The Washington Area was                        stated above, EPA approved the                        and enforceable emission reductions?
                                               classified as severe for the 1979 1-hour                District’s, Maryland’s, and Virginia’s
                                               ozone NAAQS, and therefore enhanced                     base year emissions inventories for NOX                 To redesignate an area from
                                               I/M was required. In addition, section                  and VOC for the 2008 ozone NAAQS on                   nonattainment to attainment, section
                                               184(b)(1)(a) of the CAA requires areas                  May 13, 2015 (80 FR 27255). With                      107(d)(3)(E)(iii) of the CAA requires
                                               located in the OTR that are a                           regard to stationary source emission                  EPA to determine that the air quality
                                               metropolitan statistical area, or part                  statements, EPA approved Maryland’s                   improvement in the area is due to
                                               thereof, with a population of 100,000 or                and Virginia’s emission statement rules               permanent and enforceable reductions
                                               more to meet the enhanced I/M program                   on October 12, 1994 (59 FR 51517) and                 in emissions resulting from the
                                               requirements of CAA section 182(c)(3).                  May 2, 1995 (60 FR 21451), respectively,              implementation of the SIP and
                                               EPA approved Maryland’s enhanced I/                     which satisfied the requirements of                   applicable federal air pollution control
                                               M program into Maryland’s SIP on                        CAA section 182(a)(3)(B). Maryland’s                  regulations and other permanent and
                                               October 29, 1999 (64 FR 58340). EPA                     and Virginia’s emission statement rules               enforceable emission reductions.
                                               approved Virginia’s enhanced I/M                        require certain sources in ozone                      Maryland and Virginia have
                                               program on September 1, 1999 (64 FR                     nonattainment areas and the OTR to                    demonstrated that the observed ozone
                                               47670), as revised April 22, 2008 (73 FR                report annual NOX and VOC emissions.                  air quality improvement in the
                                               21540).                                                 EPA approved Maryland’s and                           Washington Area is due to permanent
                                                  CAA section 182(a)(2)(C) and section                 Virginia’s emission statement                         and enforceable reductions in NOX and
                                               182(a)(4) contain source permitting and                 certification SIPs (finding Maryland and              VOC emissions resulting from Maryland
                                               offset requirements (known as NNSR).                    Virginia had an emission statement                    and Virginia measures approved as part
                                               As discussed previously, part D NNSR                    program meeting section 182(a)(3)                     of the SIP as well as federal measures.
                                               will continue to apply to the                           requirements for the 2008 ozone
                                               Washington Area, regardless of                          NAAQS) on July 16, 2018 (83 FR 32796)                   In making this demonstration,
                                               attainment status, due to the                           and June 1, 2018 (83 FR 25378),                       Maryland and Virginia have calculated
                                               Washington Area being part of the OTR.                  respectively.                                         the change in emissions between 2011
                                               Therefore, EPA concludes that                             Therefore, Maryland and Virginia                    and 2014. The change in emissions is
                                               Maryland and Virginia need not have a                   have satisfied all applicable SIP                     shown in Table 2. Maryland and
                                               fully approved part D NSR program                       requirements under section 110 and part               Virginia attribute the decrease in
                                               prior to approval of the redesignation                  D of title I of the CAA for purposes of               emissions and corresponding
                                               request. As stated previously, however,                 redesignation of their respective                     improvement in air quality during this
                                               Maryland and Virginia both have an                      portions of the Washington Area. As                   time period to a number of regulatory
                                               approved NNSR program. See 82 FR                        noted previously, EPA will act on the                 control measures that have been
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                                               45475 (September 29, 2017) for                          District’s redesignation request for its              implemented in the Washington Area
                                               Maryland and 64 FR 51047 (September                     portion of the Washington Area in a                   and upwind areas in recent years. Based
                                               21, 1999) for Virginia. On January 29,                  separate rulemaking.                                  on the information summarized in the
                                               2018 (83 FR 3982), EPA approved                                                                               following sections, Maryland and
                                               Maryland’s May 8, 2017 SIP revision                       13 While not prejudging the outcome of EPA’s
                                                                                                                                                             Virginia have adequately demonstrated
                                               addressing the NNSR requirements for                    rulemaking on Virginia’s May 11, 2017 SIP revision,   that the improvement in air quality is
                                                                                                       EPA expects to finalize rulemaking on that NNSR
                                               the 2008 ozone NAAQS and certifying                     SIP revision before taking final action on this       due to permanent and enforceable
                                               that Maryland’s existing NNSR program                   redesignation action.                                 emissions reductions.


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                                               39026                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               1. Permanent and Enforceable Emission                   Nonroad Diesel Engines Tier 1 and Tier                to reduce vehicle emissions of toxic and
                                               Controls Implemented                                    2                                                     ozone-forming compounds, including
                                               a. Federal Emission Control Measures                       On June 17, 1994 (59 FR 31306), EPA                NOX and VOC. Reformulated gasoline
                                                                                                       made an affirmative determination                     (RFG) is required in the Washington
                                                 A variety of federal and state control                under section 213(a)(2) of the CAA that               Area. The first phase of the RFG
                                               programs have contributed to reduced                    nonroad engines are significant                       program (Phase I) began in 1995 and the
                                               on-road, point source, and nonroad                                                                            second phase (Phase II) began in 2000.
                                                                                                       contributors to ambient ozone or CO
                                               emissions of NOX and VOC in the                                                                               These standards affect various gasoline-
                                                                                                       levels in more than one nonattainment
                                               Washington Area, with additional                                                                              powered non-road mobile sources, such
                                                                                                       area. In the same notice, EPA also made
                                               emission reductions expected to occur                                                                         as lawn equipment, generators, and
                                                                                                       a determination under CAA section
                                               in the future as older equipment and                                                                          compressors. EPA estimates that Phase
                                                                                                       213(a)(4) that other emissions from
                                               vehicles are replaced with newer,                                                                             I of the RFG program resulted in a 2
                                                                                                       compression-ignition (CI) nonroad
                                               compliant models. Federal emission                                                                            percent and 17 percent annual
                                                                                                       engines rated at or above 37 kilowatts
                                               control measures include the following:                                                                       reduction in NOX, and VOCs,
                                                                                                       (kW) cause or contribute to air pollution
                                                                                                                                                             respectively, from 1995 emission levels
                                               Tier 2 Motor Vehicle Emissions                          that may reasonably be anticipated to
                                                                                                                                                             and prevented 64,000 tons of smog-
                                               Standards and Gasoline Sulfur Control                   endanger public health or welfare. In                 forming pollutants, including NOX and
                                               Requirements                                            the June 17, 1994 final rule, EPA set a               VOC, from being emitted into the air
                                                                                                       first phase of emission standards (Tier 1             from 1995 to 2000. Phase II of the RFG
                                                  On February 10, 2000 (65 FR 6698),                   standards) for nonroad diesel engines
                                               EPA promulgated Tier 2 motor vehicle                                                                          program, which began in 2000, was
                                                                                                       rated 37 kW and above. These standards                expected to reduce emissions of NOX
                                               emission standards and gasoline sulfur                  apply to nonroad, compression-ignition
                                               control requirements. These emission                                                                          and VOC by 7 percent and 27 percent,
                                                                                                       (i.e. diesel-powered) utility engines                 respectively, from 1995 emission levels
                                               control requirements result in lower                    including, but not limited to, farm,
                                               NOX and VOC emissions from new cars                                                                           and reduce emissions of smog-forming
                                                                                                       construction, and industrial equipment,               pollutants by an additional 41,000
                                               and light duty trucks, including sport                  rated at or above 37 kW. On October 23,
                                               utility vehicles. With respect to fuels,                                                                      tons.14 The RFG program continues to
                                                                                                       1998 (63 FR 56968), EPA finalized a                   provide emission reductions in the
                                               this rule required refiners and importers               second phase of emission standards
                                               of gasoline to meet lower standards for                                                                       Washington Area as the use of RFG
                                                                                                       (Tier 2 standards) for nonroad diesel                 results in less vehicle emissions of NOX
                                               sulfur in gasoline, which were phased                   engines rated under 37 kW. These
                                               in between 2004 and 2006. By 2006,                                                                            and VOC compared to the use of
                                                                                                       emission standards have resulted in a                 conventional gasoline.
                                               refiners were required to meet a 30 ppm                 decrease in NOX emissions from the
                                               average sulfur level, with a maximum                    combustion of diesel fuel used to power               Emission Standards for Locomotives
                                               cap of 80 ppm. This reduction in fuel                   this equipment. The Tier 1 and Tier 2                 and Locomotive Engines
                                               sulfur content ensures the effectiveness                standards for nonroad diesel engines                     On April 16, 1998 (63 FR 18978), EPA
                                               of low emission-control technologies.                   will continue to result in emission                   established emission standards for NOX,
                                               The Tier 2 tailpipe standards                           reductions as older equipment is                      HC, CO, PM, and smoke from newly
                                               established in this rule were phased in                 replaced with newer, compliant models.                manufactured and remanufactured
                                               for new vehicles between 2004 and                                                                             diesel-powered locomotives and
                                               2009. EPA estimated in the final rule                   Emissions Standards for Large Spark
                                                                                                       Ignition Engines                                      locomotive engines. These emission
                                               that this program will reduce annual                                                                          standards were effective in 2000 and are
                                               NOX emissions by about 2.2 million                        On November 8, 2002 (67 FR 68242),                  expected to result in a more than 60
                                               tons per year in 2020 and 2.8 million                   EPA established emission standards for                percent reduction in NOX emissions
                                               tons per year in 2030 after the program                 large spark-ignition engines such as                  from locomotives by 2040 compared to
                                               is fully implemented and non-compliant                  those used in forklifts and airport                   1995 baseline levels.
                                               vehicles have all been retired.                         ground-service equipment; recreational
                                                                                                       vehicles using spark-ignition engines                 b. Control Measures Specific to the
                                               Control of Emissions From Nonroad                                                                             Washington Area
                                               Spark-Ignition Engines and Equipment                    such as off-highway motorcycles, all-
                                                                                                       terrain vehicles, and snow mobiles; and               Maryland Healthy Air Act
                                                 On October 8, 2008 (73 FR 59034),                     recreational marine diesel engines.                     In addition to the measures referenced
                                               EPA finalized emission standards for                    These emission standards were phased                  previously, a reduction of emission of
                                               new nonroad spark-ignition engines.                     in from model year 2004 through 2012.                 ozone precursors can also be attributed
                                               The exhaust emission standards applied                  When the emission standards are fully                 to the Maryland Healthy Air Act
                                               beginning in 2010 for new marine spark-                 implemented in 2030, EPA expects a                    (Annotated Code of Maryland
                                               ignition engines and in 2011 and 2012                   national 75 percent reduction in                      Environment Title 2 Ambient Air
                                               for different sizes of new land-based,                  hydrocarbon (HC) emissions, 82 percent                Quality Control Subtitle 10 Healthy Air
                                               spark-ignition engines at or below 19                   reduction in NOX emissions, 61 percent                Act Sections 2–1001 to 2–1005, with
                                               kW (i.e. small engines used primarily in                reduction in CO emissions, and a 60                   implementing regulations at COMAR
                                               lawn and garden applications). In the                   percent reduction in direct particulate               26.11.27 Emission Limitations for Power
                                               October 8, 2008 final rule, EPA                         matter (PM) emissions from these                      Plants). The Maryland Health Air Act
                                               estimated that by 2030 the rule will                    engines, equipment, and vehicles                      (HAA) was effective on July 16, 2007
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                                               result in annual nationwide reductions                  compared to projected emissions if the                and approved by EPA on September 4,
                                               of 604,000 tons of volatile organic                     standards were not implemented.                       2008 (73 FR 51599). The HAA
                                               hydrocarbon emissions, 132,200 tons of                                                                        established limits on the amount of NOX
                                               NOX emissions, and 5,500 tons of                        Standards for Reformulated and
                                                                                                       Conventional Gasoline                                 and SO2 emissions affected facilities in
                                               directly-emitted PM2.5 emissions. These
                                               reductions correspond to significant                      On February 16, 1994 (59 FR 7716),                    14 See https://www.epa.gov/gasoline-standards/
                                               reductions in the formation of ground-                  EPA finalized regulations requiring that              reformulated-gasoline for more information on the
                                               level ozone.                                            gasoline in certain areas be reformulated             RFG program.



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                                                                             Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                                                 39027

                                               Maryland could emit and required the                                        plant located in Alexandria, Virginia.                                   Area to demonstrate that air quality has
                                               installation of on-site pollution controls                                  This 482-megawatt electrical generating                                  improved. The change in emissions is
                                               at 15 power plants in Maryland. The                                         facility consisted of five coal-fired                                    shown in Table 2. Maryland and
                                               first phase of the HAA occurred                                             boilers and emitted 557.7 tons of NOX                                    Virginia used the 2011 base year
                                               between 2009 and 2010 and reduced                                           annually and 2.7 tons of NOX per ozone                                   emissions inventory for the Washington
                                               NOX emissions from affected sources by                                      season day (tpd) in 2011. The plant                                      Area as the nonattainment year
                                               almost 70% compared to 2002 levels.                                         ceased operations and signed a mutual                                    inventory because 2011 was one of the
                                               The second phase of the HAA occurred                                        determination letter on December 21,                                     three years used to designate the area
                                               between 2012 and 2013. Maryland                                             2012, agreeing to the permanent                                          nonattainment for the 2008 ozone
                                               estimates that the HAA will reduce NOX                                      shutdown of the source and revoking all                                  NAAQS. EPA approved the Washington
                                               emissions by approximately 75% from                                         permits for the facility.15 Therefore, this                              Area 2011 base year inventory as
                                               2002 levels.                                                                closure is permanent and federally                                       meeting the requirements of CAA
                                                                                                                           enforceable.                                                             section 182(a)(1) on May 13, 2015 (80
                                               Closure of GenOn Potomac River LLC
                                                                                                                                                                                                    FR 27276) for NOX and VOC emissions
                                               Facility                                                                    2. Emission Reductions
                                                                                                                                                                                                    and July 23, 2015 (80 FR 43625) for CO
                                                 The decrease in emissions of ozone                                          Maryland and Virginia calculated the                                   emissions. As explained later in this
                                               precursors is also attributable to the                                      change in emissions between 2011 and                                     notice, 2014 was used as the attainment
                                               closure of the GenOn Potomac River                                          2014 throughout the entire Washington                                    year inventory.

                                                                             TABLE 2—2011–2014 EMISSIONS REDUCTION FOR THE WASHINGTON, DC-MD-VA AREA
                                                                                                                                                                                                                                        % Reduction
                                                                                                                    2011                                                                              2014            D 2011—2014        from 2011

                                                                                                                                               VOC Emissions (tpd)

                                               295.0 ............................................................................................................................................          259.4                35.6               12.1

                                                                                                                                               NOX Emissions (tpd)

                                               436.5 ............................................................................................................................................          296.9              139.6                32.0

                                                                                                                                                CO Emissions (tpd)

                                               1,800.8 .........................................................................................................................................         1,617.9              182.9                10.2
                                                 Note: 2011 emissions data is from the 2011 base year emissions inventory for the Washington, DC-MD-VA 2008 ozone NAAQS nonattain-
                                               ment area that was approved by EPA on May 13, 2015 (80 FR 27276) for NOX and VOC emissions and July 23, 2015 (80 FR 43625) for CO
                                               emissions.


                                                 Table 2 shows that emissions of NOX                                       redesignation from nonattainment to                                      process for verification of continued
                                               and VOC in the Washington area were                                         attainment. Under CAA section 175A,                                      attainment; and (5) a contingency plan.
                                               reduced by 139.6 tpd and 35.6 tpd,                                          the maintenance plan must demonstrate                                       In conjunction with their requests to
                                               respectively, between 2011 and 2014.                                        continued attainment of the NAAQS for                                    redesignate their respective portions of
                                               As discussed previously, Maryland and                                       at least 10 years after the Administrator                                the Washington Area to attainment for
                                               Virginia identified several federal and                                     approves a redesignation to attainment.                                  the 2008 ozone NAAQS, the District,
                                               state rules approved into Maryland’s                                        Eight years after the redesignation, the                                 Maryland, and Virginia submitted, as a
                                               and Virginia’s SIPs that resulted in the                                    state must submit a revised maintenance
                                               reduction of NOX and VOC emissions                                                                                                                   revision to their SIPs, a plan to provide
                                                                                                                           plan which demonstrates that                                             for maintenance of the 2008 ozone
                                               from 2011 to 2014. Therefore, Maryland                                      attainment of the NAAQS will continue
                                               and Virginia have shown that the air                                                                                                                 NAAQS through 2030, which is more
                                                                                                                           for an additional 10 years beyond the                                    than 10 years after the expected
                                               quality improvements in the                                                 initial 10-year maintenance period. To
                                               Washington Area are due to permanent                                                                                                                 effective date of the redesignation to
                                                                                                                           address the possibility of future NAAQS
                                               and enforceable emission reductions.                                                                                                                 attainment. EPA anticipates
                                                                                                                           violations, the maintenance plan must
                                                                                                                                                                                                    redesignating the entire Washington
                                               D. Do the District, Maryland, and                                           contain contingency measures, as EPA
                                                                                                                                                                                                    Area, including the District’s portion, by
                                               Virginia have fully approvable ozone                                        deems necessary, to assure prompt
                                                                                                                                                                                                    2019. As discussed in this notice, EPA
                                               maintenance plans for the Washington                                        correction of the future NAAQS
                                                                                                                                                                                                    is proposing to find that the District’s,
                                               Area?                                                                       violation.
                                                                                                                                                                                                    Maryland’s, and Virginia’s maintenance
                                                 As one of the criteria for redesignation                                     The Calcagni memorandum provides                                      plan for the 2008 ozone NAAQS
                                               to attainment, section 107(d)(3)(E)(iv) of                                  further guidance on the content of a                                     includes the necessary components per
                                               the CAA requires EPA to determine that                                      maintenance plan, explaining that a                                      the CAA, including CAA section 175A
                                               the area has a fully approved                                               maintenance plan should address five                                     and EPA guidance, and is proposing to
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                                               maintenance plan pursuant to section                                        elements: (1) An attainment emission                                     approve the maintenance plan as
                                               175A of the CAA. Section 175A of the                                        inventory; (2) a maintenance                                             revisions to the District’s, Maryland’s,
                                               CAA sets forth the elements of a                                            demonstration; (3) a commitment for                                      and Virginia’s SIPs.
                                               maintenance plan for areas seeking                                          continued air quality monitoring; (4) a
                                                 15 See Mutual Determination Letter from Virginia                          River, LLC, Subject: Mutual Determination of                             the docket for this rulemaking available online at
                                               Department of Environmental Quality to Mr.                                  Permanent Shutdown of the Potomac River                                  http://www.regulations.gov, Docket ID: EPA–R03–
                                               William Lee Davis, President, GenOn Potomac                                 Generating Station, December 20, 2012 included in                        OAR–2018–0215.



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                                               39028                         Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               1. Attainment Inventory                                                      during the time period associated with                                   data. See 82 FR 52651. The attainment
                                                                                                                            monitoring data showing attainment.                                      year inventory is summarized in Table
                                                  The Calcagni memorandum indicates                                            For the attainment inventory, the                                     3. A detailed evaluation of the
                                               that states requesting redesignation to                                      District, Maryland, and Virginia used                                    methodology used to develop the
                                               attainment should develop an                                                 the year 2014, which is one of the years                                 attainment year inventory (and EPA’s
                                               attainment emissions inventory in order                                      during the three-year period associated                                  rationale to approve the attainment
                                               to identify the level of emissions in the                                    with the monitoring data first showing                                   inventory) is provided in the Emission
                                               area which is sufficient to attain the                                       attainment of the 2008 ozone NAAQS                                       Inventory Technical Support Document
                                               NAAQS. The attainment inventory                                              (i.e., 2013 to 2015). As previously
                                                                                                                                                                                                     (EI TSD), which is included in the
                                               should be consistent with EPA’s most                                         mentioned, on November 14, 2017, EPA
                                               recent guidance on emission inventories                                                                                                               docket for this rulemaking available
                                                                                                                            determined that the Washington Area
                                               for nonattainment areas available at the                                     attained the 2008 ozone NAAQS by the                                     online at http://www.regulations.gov,
                                               time and should include the emissions                                        attainment date, based on 2013 to 2015                                   Docket ID: EPA–R03–OAR–2018–0215.

                                                                                               TABLE 3—2014 ATTAINMENT INVENTORY FOR THE WASHINGTON AREA
                                                                                                                                                                                                                          VOC                   CO
                                                                                                           Source category                                                                           NOX (tpd)            (tpd)                (tpd)

                                               Point .............................................................................................................................................             64.9             7.7                 23.7
                                               Non-Point (Area) ..........................................................................................................................                      9.6           139.3                 63.5
                                               Marine, Air, Rail (MAR) ...............................................................................................................                         19.2             2.4                 19.6
                                               Nonroad Model ............................................................................................................................                        52            47.5                762.8
                                               On-Road Mobile ...........................................................................................................................                     136.8            61.3                744.1
                                               Quasi-Point ..................................................................................................................................                  14.4             1.2                  4.2

                                                      Total ......................................................................................................................................            296.9           259.4               1617.9



                                               2. Have the District, Maryland, and                                             The District, Maryland, and Virginia                                  develop the maintenance inventory (and
                                               Virginia documented maintenance of                                           are using emissions inventories for the                                  EPA’s rational for approving the
                                               the 2008 ozone NAAQS in the                                                  years 2025 and 2030 to demonstrate                                       maintenance inventory as well as the
                                               Washington Area?                                                             maintenance in the Washington Area.                                      growth factors used) is provided in
                                               a. Maintenance Emission Inventory for                                        EPA anticipates redesignating the entire                                 EPA’s EI TSD, which is included in the
                                               the Washington Area                                                          Washington Area, including the                                           docket for this rulemaking available
                                                                                                                            District’s portion, in 2019. 2030 is more                                online at http://www.regulations.gov,
                                                  The District, Maryland, and Virginia
                                                                                                                            than 10 years after the expected                                         Docket ID: EPA–R03–OAR–2018–0215.
                                               have demonstrated maintenance of the
                                                                                                                            effective date of the redesignation to
                                               2008 ozone standard through 2030 by                                                                                                                      The maintenance inventory, provided
                                                                                                                            attainment, and 2025 was selected to
                                               the use of emission inventories showing                                                                                                               in Table 4, shows the projected
                                                                                                                            demonstrate that emissions are not
                                               that future emissions of NOX and VOC                                                                                                                  emissions of NOX, VOC, and CO in the
                                               for the Washington Area will remain at                                       expected to increase in the interim
                                                                                                                                                                                                     Washington Area for 2014 (the
                                               or below attainment year emission                                            between the attainment year and the
                                                                                                                            final maintenance year.                                                  attainment year), 2025, and 2030 and
                                               levels. A maintenance demonstration                                                                                                                   demonstrates that future emissions of
                                               need not be based on modeling. See                                              In order to develop the 2025 and 2030                                 NOX, VOC, and CO will not exceed the
                                               Wall v. EPA, 265 F.3d 426 (6th Cir.                                          inventories, the District, Maryland, and                                 levels of the 2014 attainment year
                                               2001), Sierra Club v. EPA, 375 F.3d 537                                      Virginia applied growth factors to the                                   inventory for the Washington area for a
                                               (7th Cir. 2004). See also 66 FR 53094,                                       2014 attainment year emissions                                           minimum of 10 years following
                                               53099–53100 (October 19, 2001) and 68                                        inventory (shown in Table 3). A detailed
                                                                                                                                                                                                     redesignation.
                                               FR 25413, 25430–25432 (May 12, 2003).                                        evaluation of the methodology used to

                                                    TABLE 4—2014 TO 2030 NOX, VOC, AND CO MAINTENANCE EMISSIONS INVENTORIES FOR THE WASHINGTON AREA
                                                                                                                                                             NOX                                      VOC                              CO
                                                                                                                                                             (tpd)                                    (tpd)                           (tpd)
                                                                              Source category
                                                                                                                                             2014            2025           2030            2014      2025       2030      2014       2025        2030

                                               Point .................................................................................         64.9             66.0           68.5            7.7      8.8         9.4     23.7        25.1        26.2
                                               Non-Point (Area) ..............................................................                  9.6              9.9           10.0          139.3    153.7       160.3     63.6        64.9        65.5
                                               Marine-Air-Rail (M–A–R) ..................................................                      19.2             21.4           22.4            2.4      2.6         2.6     19.6        19.9        20.7
                                               Nonroad Mobile ................................................................                 52.0             29.6           27.8           47.5     44.9        47.2    762.8       845.8       898.8
                                               On-Road Mobile ...............................................................                 136.8             40.7           27.4           61.3     33.2        24.1    744.1       457.1       323.7
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                                               Quasi-Point .......................................................................             14.4             14.4           14.4            1.2      1.2         1.2      4.2         4.2         4.2

                                                      Total ..........................................................................        296.9           182.0          170.5           259.4    244.4       244.8   1618.0      1417.0      1339.1

                                               D 2014–2025 ....................................................................                             114.9                                     15.0                            201.0

                                               D 2014–2030 ....................................................................                             126.4                                     14.6                            278.9




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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                          39029

                                                  In summary, EPA finds the                            Ignition Engines and Equipment; (2)                   and 2030 maintenance emissions
                                               maintenance inventory for the                           Nonroad Diesel Engines Tier 1 and Tier                inventories.
                                               Washington Area provided in Table 4                     2; (3) Emissions Standards for Large
                                                                                                                                                             Inspection and Maintenance (I/M)
                                               shows maintenance of the 2008 ozone                     Spark Ignition Engines; (4) Standards for
                                                                                                                                                             Programs
                                               NAAQS by providing emissions                            Reformulated and Conventional
                                               information and reasonable growth                       Gasoline; and, (5) Emission Standards                   The District, Maryland, and Virginia
                                               factors to support the demonstration                    for Locomotives and Locomotive                        operate enhanced I/M programs to
                                               that future emissions of NOX and VOC                    Engines.                                              ensure that motorists are driving
                                               will remain at or below 2014 emission                                                                         vehicles that meet federal emission
                                               levels (an inventory year showing                       iii. On-Road Emission Controls
                                                                                                                                                             requirements. Owners of vehicles that
                                               attainment of NAAQS) when taking into                   Tier 3 Vehicle Emissions and Fuel                     do not meet requirements, based on tail
                                               account both future source growth and                   Standards Program                                     pipe or On-Board Diagnostic (OBD)
                                               implementation of future controls. Table                   On April 28, 2014 (79 FR 23414), EPA               testing, must repair the vehicles or show
                                               4 shows that NOX and VOC emissions                      established more stringent vehicle                    that the total costs of repair are more
                                               are projected to decrease by 126.4 tpd                                                                        than waiver limitations. As noted
                                                                                                       emissions standards. The vehicle
                                               and 14.6 tpd, respectively, between                                                                           previously, EPA approved Maryland’s
                                                                                                       emissions standards will reduce both
                                               2014 and 2030. EPA finds that the                                                                             and Virginia’s enhanced I/M program
                                                                                                       tailpipe and evaporative emissions of
                                               District, Maryland, and Virginia have                                                                         into Maryland’s and Virginia’s SIPs on
                                                                                                       the ozone precursors NOX and VOC
                                               demonstrated maintenance of the 2008                                                                          October 29, 1999 (64 FR 58340) and
                                                                                                       from passenger cars, light-duty trucks,
                                               ozone standard in the Washington Area                                                                         September 1, 1999 (64 FR 47670), as
                                                                                                       medium-duty passenger vehicles, and
                                               through 2030.                                                                                                 revised April 22, 2008 (73 FR 21540),
                                                                                                       some heavy-duty vehicles. These
                                               b. Control Measures for Maintenance of                  standards will result in significant                  respectively. EPA approved the
                                               Air Quality in the Washington Area                      reductions in ozone concentrations due                District’s enhanced I/M program into
                                                                                                       to the decrease in NOX and VOC                        the District’s SIP on June 11, 1999 (64
                                                 The point, nonroad, and on-road
                                                                                                       emissions. The Tier 3 standards include               FR 31498).
                                               emission projections for 2025 and 2030
                                               include a variety of control strategies                 new light- and heavy-duty vehicle                     3. Continued Air Quality Monitoring
                                               that will reduce emissions of NOX and                   emission standards for exhaust
                                               VOC in future years.                                    emissions of VOC, NOX, and PM, as                       The District, Maryland, and Virginia
                                                                                                       well as new evaporative emissions                     have committed, in their joint
                                               i. Point Sector Controls                                standards. In the final rule, EPA                     maintenance plan for the Washington
                                               COMAR 26.11.38 Control of NOX                           estimates that in 2030, when Tier 3                   Area, to continue to operate an
                                               Emissions From Coal-Fired Electric                      vehicles will make up the majority of                 appropriate air quality monitoring
                                               Generating Units                                        the fleet as well as vehicle miles                    network in accordance with 40 CFR part
                                                                                                       traveled, NOX and VOC emissions from                  58. The District, Maryland, and Virginia
                                                 COMAR 26.11.38 (also referred to as
                                                                                                       on-highway vehicles will be reduced by                also committed, in their redesignation
                                               the Maryland NOX Rule) established
                                                                                                       about 21 percent compared to projected                requests, to continue to monitor ozone
                                               new NOX emission standards and
                                                                                                       emission levels if the Tier 3 standards               concentrations in the Washington Area
                                               additional monitoring and reporting
                                                                                                       were not implemented.                                 in accordance with 40 CFR part 58 and
                                               requirements for coal-fired EGUs in
                                               Maryland. COMAR 26.11.38 was                            Transportation Emission Reduction                     EPA-approved annual monitoring plans,
                                               approved by EPA into the SIP on May                     Measures                                              to quality-assure the monitoring data in
                                               30, 2017 (82 FR 24546). The coal-fired                                                                        accordance with 40 CFR part 58, and to
                                                                                                          The National Capital Region                        enter all data into AQS in a timely
                                               EGUs included in this rule account for
                                                                                                       Transportation Planning Board (TPB) 16                fashion.
                                               more than 80 percent of the State of
                                                                                                       utilizes many strategies to reduce
                                               Maryland’s NOX emissions from power                                                                           4. Verification of Continued Attainment
                                                                                                       emissions from mobile sources by
                                               plants. These new NOX emission
                                                                                                       reducing the number of vehicle trips                    The District, Maryland, and Virginia
                                               standards have resulted in reductions in
                                                                                                       and/or vehicle miles traveled. Such                   state in their maintenance plan
                                               NOX emissions.
                                                                                                       strategies include, but are not limited to,           submittal that they have the legal
                                               ii. Nonroad Emission Controls                           ridesharing programs, telecommuting                   authority to develop, implement, and
                                                 As discussed previously, a variety of                 programs, improved transit and                        enforce regulations regarding air
                                               federal and state control programs have                 bicycling facilities, and clean fuel                  pollution, including the requirements of
                                               contributed to reduced on-road, point                   vehicle programs. A summary of these                  the maintenance plan for the
                                               source, and nonroad emissions of NOX                    measures is provided by TPB in their                  Washington Area. The District,
                                               and VOC in the Washington Area, with                    transportation conformity analyses. The               Maryland, and Virginia cite the
                                               additional emission reductions expected                 emission reductions from these                        regulations and statutory provisions
                                               to occur in the future. These Federal                   strategies were not included in the 2025              included in Table 5 below as providing
                                               measures include the following and are                    16 The National Capital Region Transportation
                                                                                                                                                             them with the authority to develop,
                                               discussed in more detail in section                     Planning Board (TPB) is the federally designated
                                                                                                                                                             implement, and enforce the
                                               IV.C.1.b. of this rulemaking: (1) Control                                                                     requirements of the maintenance plan
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                                                                                                       metropolitan planning organization (MPO) for
                                               of Emissions from Nonroad Spark-                        metropolitan Washington.                              for the Washington Area.




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                                               39030                       Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                                TABLE 5—MEASURES CITED AS PROVIDING THE DISTRICT, MARYLAND, AND VIRGINIA WITH THE AUTHORITY TO DEVELOP,
                                                       IMPLEMENT, AND ENFORCE THE REQUIREMENTS OF THE MAINTENANCE PLAN FOR THE WASHINGTON AREA
                                                               State                                                         Citation                                                                Description

                                               Virginia ................................   Section 10.1–1308 of the Virginia Air Pollution Control                            Authorizes the State Air Pollution Control Board to pro-
                                                                                             Law (Title 10.1, Chapter 13 of the Code of Virginia).                              mulgate regulations abating, controlling, and prohib-
                                                                                                                                                                                iting air pollution in order to protect public health and
                                                                                                                                                                                welfare.
                                               Maryland .............................      Annotated Code of Maryland, Section 2–103 .................                        Legal authority to implement and enforce.
                                               Maryland .............................      Annotated Code of Maryland, Environment Article, Sec-                              Authority for MDE to set emission standards and ambi-
                                                                                             tion 2–302(a)–(d).                                                                 ent air quality standards for each air quality control
                                                                                                                                                                                area in the state.
                                               Maryland .............................      Annotated Code of Maryland, Environment Article, Sec-                              Authority for MDE to enforce the standards and impose
                                                                                             tion 2–601–614.                                                                    penalties.
                                               District of Columbia .............          Air Pollution Control Act of 1984, as amended (D.C. Of-                            Provides authority to ‘‘develop a comprehensive pro-
                                                                                             ficial Code Section 8–101.05–101.06).                                              gram for the control and prevention of air pollution in
                                                                                                                                                                                the District that provides for the administration and
                                                                                                                                                                                enforcement of the requirements of [the Act] and the
                                                                                                                                                                                regulations promulgated pursuant to [the Act].’’
                                               District of Columbia .............          20 DCMR Sections 101, 102, and 105 ...........................                     Authority for inspection, order for compliance, and pen-
                                                                                                                                                                                alty, respectively.



                                                 In their joint maintenance plan                                     regulatory elements that each state will                          regulatory elements are summarized in
                                               submittal, the District, Maryland, and                                retain in order to maintain attainment of                         Table 6.
                                               Virginia also referenced several                                      the 2008 ozone NAAQS. These

                                                                                           TABLE 6—REGULATORY MEASURES CITED FOR CONTINUED ATTAINMENT
                                                               State                                                         Citation                                                                Description

                                               District of Columbia .............          20 DCMR 202 and 20 DCMR 303.8 ...............................                      Shutdown requirements.
                                               District of Columbia .............          20 DCMR Chapter 2 (General and Non-Attainment Area                                 Permitting requirements.
                                                                                             Permits) and 20 DCMR Chapter 3 (Operating Permits
                                                                                             and Acid Rain Programs).
                                               District of Columbia .............          20 DCMR 804, 805, 899 (NOX), 20 DCMR Chapter 10                                    Regulatory requirements.
                                                                                             (NOX Emissions Budget), and 20 DCMR Chapter 7
                                                                                             (Volatile Organic Compounds).
                                               District of Columbia .............          18 DCMR Chapters 4, 6, 7, 11, 26, and 99 ....................                      I/M program requirements.
                                               District of Columbia .............          20 DCMR Chapter 5 ........................................................         Emission statement requirements.
                                               Maryland .............................      COMAR 26.11.01.05–1 ...................................................            Emission statement requirements.
                                               Maryland .............................      COMAR 11.14.08 ............................................................        I/M program requirements.
                                               Maryland .............................      COMAR 26.11.02 and COMAR 26.11.03 .......................                          Permitting requirements.
                                               Virginia ................................   9VAC5–20–220 ...............................................................       Shutdown requirements.
                                               Virginia ................................   9VAC5–80 .......................................................................   Permits for stationary sources.
                                               Virginia ................................   9VAC5–91 .......................................................................   I/M program requirements for Northern Virginia.
                                               Virginia ................................   9VAC5–20–160.B ............................................................        Emission statement requirements.



                                                  Verification of continued attainment                               Virginia state in their joint maintenance                         commit in their maintenance plan
                                               is accomplished through operation of                                  plan that they will track attainment and                          submittal to developing and submitting
                                               the ambient ozone monitoring network                                  maintenance using ambient and source                              to EPA ‘‘comprehensive tracking
                                               and the periodic update of the area’s                                 emission data.                                                    inventories every three years or as
                                               emissions inventory. As stated above,                                   In addition, to track the progress of                           required by federal regulation during
                                               the District, Maryland, and Virginia                                  the maintenance demonstration, the                                the maintenance plan period.’’ EPA
                                               have committed, in their joint                                        District, Maryland, and Virginia state in                         notes that point source facilities covered
                                               maintenance plan for the Washington                                   their joint maintenance plan submittal                            by the District’s, Maryland’s, and
                                               Area, to continue to operate an                                       that they will periodically update the                            Virginia’s emission statement rules are
                                               appropriate air quality monitoring                                    emissions inventory. The District,                                required to submit NOX and VOC
                                               network in accordance with 40 CFR part                                Maryland, and Virginia also commit to                             emissions on an annual basis to address
                                               58. The District, Maryland, and Virginia                              an annual evaluation consisting of a                              CAA requirements in CAA section
                                               also committed, in their redesignation                                comparison of key emissions trend                                 182.17
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                                               requests, to continue to monitor ozone                                indicators, such as the annual emissions                            17 In the District’s May 25, 2018 emission
                                               concentrations in the Washington Area                                 update of stationary sources and the                              statement certification SIP submittal for the 2008
                                               in accordance with 40 CFR part 58 and                                 Highway Performance Monitoring                                    ozone NAAQS, the District cites to section 20–500.9
                                               EPA-approved annual monitoring plans,                                 System (HPMS) vehicle miles traveled                              of the District of Columbia Municipal Regulations
                                               to quality-assure the monitoring data in                              data reported to the Federal Highway                              (DCMR) (20 DCMR 500.9) as containing the
                                                                                                                                                                                       District’s emission statement rules. However, the
                                               accordance with 40 CFR part 58, and to                                Administration (FHWA), to the growth                              District’s emission statement rules were SIP-
                                               enter all data into AQS in a timely                                   assumptions used in the plan. The                                 approved as 20 DCMR 500.7 (60 FR 27889, May 26,
                                               fashion. The District, Maryland, and                                  District, Maryland, and Virginia also                             1995). A recodification of 20 DCMR 500 caused the



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                                                                     Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                      39031

                                               5. What is the contingency plan for the                     As required by section 175A of the                     from these measures were not accounted
                                               Washington Area?                                         CAA, the District, Maryland, and                          for in the maintenance inventory or the
                                                                                                        Virginia have adopted a contingency                       MVEBs, it is expected that these
                                                 Section 175A of the CAA requires that                  plan for the Washington Area to address                   measures will provide more emission
                                               the state must adopt a maintenance                       possible future ozone air quality                         reductions than what was projected in
                                               plan, as a SIP revision, that includes                   problems as described herein and in the                   the maintenance inventory or the
                                               such contingency measures as EPA                         TSD for this rulemaking available online
                                               deems necessary to assure that the state                                                                           MVEBs. Thus, these measures will
                                                                                                        at http://www.regulations.gov, Docket                     provide additional assurance that the
                                               will promptly correct a violation of the                 ID: EPA–R03–OAR–2018–0215. EPA’s
                                               NAAQS that occurs after a redesignation                                                                            2008 ozone standard will be maintained
                                                                                                        analysis of the contingency plan as                       in the Washington Area. A description
                                               of the area to attainment of the NAAQS.                  addressing requirements in CAA section
                                               The maintenance plan must identify the                                                                             of the District’s, Maryland’s, and
                                                                                                        175A is also in the TSD.
                                               contingency measures to be considered                                                                              Virginia’s submitted contingency
                                               and, if needed for maintenance, adopted                  a. Contingency Measures                                   measures as well as EPA’s evaluation of
                                               and implemented; a schedule and                             The District, Maryland, and Virginia                   these measures and the contingency
                                               procedure for adoption and                               included several measures as                              plan as a whole can be found in the TSD
                                               implementation; and, a time limit for                    contingency measures in their joint                       for this rulemaking available online at
                                               action by the state. The state should also               maintenance plan submittal that EPA                       http://www.regulations.gov, Docket ID:
                                               identify specific indicators to be used to               found to not be appropriate for use as                    EPA–R03–OAR–2018–0215. Table 7
                                               determine when the contingency                           contingency measures as discussed in                      lists the measures that EPA finds
                                               measures need to be considered,                          detail in the TSD for this rulemaking.                    appropriate to use as contingency
                                               adopted, and implemented.                                However, since emission reductions                        measures for the Washington Area.

                                                 TABLE 7—MEASURES FOUND TO BE APPROPRIATE TO USE AS CONTINGENCY MEASURES FOR THE WASHINGTON AREA
                                                                                     Measure                                                                               State

                                               Ozone Transport Commission (OTC) 2009–2014 model rule for VOC                          Virginia.
                                                 for consumer products 18.
                                               OTC 2009–2014 model rule for VOC for architectural and industrial                      Virginia.
                                                 maintenance coatings 19.
                                               Additional contingency measures as needed ..........................................   District of Columbia, Maryland, and/or Virginia.



                                               b. Indicators                                            not reconcile the original estimated                      program will be implemented six
                                                  The District, Maryland, and Virginia                  emissions with the exceedances, then                      months following adoption; and, (4)
                                               include specific indicators, or                          the District, Maryland, and Virginia                      compliance with regulation, or full
                                               ‘‘triggers’’, to be used to determine when               commit to implementing one or more of                     program implementation, to be achieved
                                               the contingency measures need to be                      the contingency measures to ensure that                   within twelve months of adoption.
                                               considered, adopted, and implemented.                    future total emissions of NOX and VOC                       The District and Metropolitan
                                               In the contingency measure                               in the Washington Area do not exceed
                                                                                                                                                                  Washington Air Quality Committee
                                               implementation schedule included in                      the levels in the attainment year
                                                                                                                                                                  (MWAQC) will use their regional
                                               the maintenance plan and discussed                       inventory.
                                                                                                                                                                  coordination process to determine the
                                               later in this notice, the District,                      c. Schedule and Procedure for Adoption                    contingency measure to be
                                               Maryland, and Virginia state that the                    and Implementation of Contingency                         implemented.
                                               ‘‘schedule onset’’ for the                               Measures
                                               implementation of any contingency                                                                                  d. EPA’s Evaluation of the Contingency
                                               measure will begin three months after                      The District, Maryland, and Virginia                    Plan for the Washington Area
                                               quality assured data determine that an                   have committed to implementing any
                                               exceedance or violation of the 2008                      contingency measure according to the                        Based on EPA’s evaluation of the
                                               ozone NAAQS occurred within the                          following schedule: (1) Schedule onset:                   District’s, Maryland’s, and Virginia’s
                                               previous year or upon notification from                  Notification received from EPA that a                     contingency plan for the Washington
                                               EPA that a contingency measure must                      contingency measure must be                               Area, which is provided in the TSD for
                                               be implemented. Another trigger is if                    implemented or three months after                         this rulemaking available online at
                                               any future year emissions inventory                      quality assured data determine that an                    http://www.regulations.gov, Docket ID:
                                               indicates that the Washington Area’s                     exceedance or violation occurred within                   EPA–R03–OAR–2018–0215, EPA finds
                                               total emissions of NOX or VOC exceeded                   the previous year; (2) applicable                         that the contingency plan includes the
                                               the levels in the attainment year                        regulation or program will be adopted                     required elements for CAA section 175A
                                               inventory. If an audit of the attainment                 six months following the schedule                         and relevant EPA guidance and will
                                               year and future year inventories does                    onset; (3) applicable regulation or                       promptly correct any violation of the
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                                               emission statement rules under 20 DCMR 500.7 to          SIP revision updating the District’s SIP to reflect the     19 The Model Rule for Architectural and

                                               move to 20 DCMR 500.9. Despite the recodification,       recodification of 20 DCMR 500.                            Industrial Maintenance (AIM) Coatings was
                                               the District’s emission statement rules continue to        18 The Model Rule for Consumer Products was             developed by the OTC and establishes limits on
                                               require applicable point sources in the District to      developed by the OTC and establishes limits on            VOC emissions from AIM coatings, including, but
                                               submit information on NOX and VOC emissions on           VOC emissions from consumer products including,           not limited to concrete/masonry sealer, driveway
                                                                                                        but not limited to, adhesives, air fresheners, general    sealers, and wood coatings. See ‘‘Model Rule 2009–
                                               an annual basis. EPA intends to propose
                                                                                                        purpose cleaners, and hairsprays. See ‘‘2013              2014—Architectural & Industrial Maintenance
                                               conditional approval of the District’s emission
                                                                                                        Consumer Product Update’’, May 21, 3013,                  (AIM) Coatings’’, Updated October 13, 2014,
                                               statement certification SIP for the 2008 ozone           available at https://otcair.org/                          available at https://otcair.org/
                                               NAAQS, contingent on the District’s submittal of a       document.asp?Fview=modelrules.                            document.asp?Fview=modelrules.



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                                               39032                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               NAAQS that occurs after the                                Under 40 CFR part 93, a MVEB for an                rule titled, ‘‘Transportation Conformity
                                               redesignation of the Washington Area.                   area seeking redesignation to attainment              Rule Amendments: Response to Court
                                                  EPA has concluded that the District’s,               must be established, at minimum, for                  Decision and Additional Rule Changes,’’
                                               Maryland’s, and Virginia’s joint                        the last year of the maintenance plan. A              68 FR 38974, 38984 (June 30, 2003).
                                               maintenance plan adequately addresses                   state may adopt MVEBs for other years
                                                                                                       as well. The MVEB serves as a ceiling                    The District’s, Maryland’s, and
                                               the five basic components of a
                                               maintenance plan: Attainment                            on emissions from an area’s planned                   Virginia’s maintenance plan includes
                                               inventory, maintenance demonstration,                   transportation system. The MVEB                       NOX and VOC MVEBs for the
                                               monitoring network, verification of                     concept is further explained in the                   Washington Area for 2014 (the
                                               continued attainment, and a                             preamble to the November 24, 1993                     attainment year), 2025 (the intermediate
                                               contingency plan. Therefore, EPA                        Transportation Conformity Rule (58 FR                 year), and 2030 (the last year of the
                                               concludes that the maintenance plan                     62188). The preamble also describes                   maintenance period). The District’s,
                                               SIP revisions submitted by the District,                how to establish the MVEB in the SIP                  Maryland’s, and Virginia’s maintenance
                                               Maryland, and Virginia meet the                         and how to revise the MVEB, if needed,                plan SIP submission, including the NOX
                                               requirements of CAA section 175A. EPA                   subsequent to initially establishing a                and VOC MVEBs for the Washington
                                               is proposing to approve the                             MVEB in the SIP. The most recently                    Area, was available for public comment
                                               maintenance plan as a revision to the                   approved MVEBs for the Washington                     on EPA’s adequacy website on May 21,
                                               District’s, Maryland’s, and Virginia’s                  Area originate from the attainment plan               2018 at https://www.epa.gov/state-and-
                                               SIPs.                                                   for the 1997 ozone NAAQS, which EPA                   local-transportation. The EPA public
                                                                                                       found adequate on February 7, 2013 (78                comment period on adequacy of the
                                               V. Have the District, Maryland, and
                                                                                                       FR 9044).                                             2014, 2025, and 2030 MVEBs for the
                                               Virginia adopted approvable MVEBs?
                                                                                                       B. What is the status of EPA’s adequacy               Washington Area closed on June 20,
                                               A. What are the MVEBs?                                                                                        2018. No comments on the submittal
                                                                                                       determination for the proposed 2025
                                                  Under section 176(c) of the CAA, new                 and 2030 VOC and NOX MVEBs for the                    were received during the adequacy
                                               transportation plans, programs, or                      Washington Area?                                      comment period. EPA reviewed the
                                               projects that receive federal funding or                                                                      NOX and VOC MVEBs in accordance
                                                                                                          When reviewing submitted control
                                               support, such as the construction of new                                                                      with the adequacy process in 40 CFR
                                                                                                       strategy SIPs or maintenance plans
                                               highways, must ‘‘conform’’ (i.e., be                                                                          part 93 and found the MVEBs adequate.
                                                                                                       containing MVEBs, EPA must
                                               consistent with) the SIP. Conformity to                 affirmatively find that the MVEBs                     EPA anticipates it will publish a notice
                                               the SIP means that transportation                       contained therein are adequate for use                of adequacy for the 2014, 2025, and
                                               activities will not cause new air quality               in determining transportation                         2030 MVEBs for the Washington Area
                                               violations, worsen existing air quality                 conformity. Once EPA affirmatively                    before taking final action on this
                                               problems, or delay timely attainment of                 finds that the submitted MVEBs are                    redesignation of the Washington Area.
                                               the NAAQS or interim air quality                        adequate for transportation purposes,                 In letters dated July 24, 2018, EPA
                                               milestones. Regulations at 40 CFR part                  the MVEBs must be used by state and                   informed the District, Maryland, and
                                               93 set forth EPA policy, criteria, and                  federal agencies in determining whether               Virginia that the 2014, 2025, and 2030
                                               procedures for demonstrating and                        proposed transportation projects
                                               assuring conformity of transportation                                                                         MVEBs are adequate for use in
                                                                                                       conform to the SIP as required by                     transportation conformity analyses.21
                                               activities to a SIP. Transportation                     section 176(c) of the CAA.
                                               conformity is a requirement for                                                                               EPA’s analysis of the MVEBs is
                                                                                                          EPA’s substantive criteria for                     included in the Notice of Adequacy
                                               nonattainment and maintenance areas.20                  determining adequacy of a MVEB are set
                                                  Under the CAA, states are required to                                                                      TSD, which is included in the docket
                                                                                                       out in 40 CFR 93.118(e)(4). The process               for this rulemaking available online at
                                               submit, at various times, control strategy              for determining adequacy consists of
                                               SIPs for nonattainment areas and                                                                              http://www.regulations.gov, Docket ID:
                                                                                                       three basic steps: (1) Public notification
                                               maintenance plans for areas seeking                                                                           EPA–R03–OAR–2018–0215.
                                                                                                       of a SIP submission, (2) provision for a
                                               redesignations to attainment of the                     public comment period, and (3) EPA’s                    The MVEBs were calculated using the
                                               ozone standard and maintenance areas.                   adequacy determination. This process                  most current USEPA Motor Vehicle
                                               See the SIP Requirements Rule. These                    for determining the adequacy of                       Emissions Simulator (MOVES) model
                                               control strategy SIPs (including                        submitted MVEBs for transportation                    (MOVES2014a) and regional travel
                                               reasonable further progress plans and                   conformity purposes was initially                     demand forecasting model at the time of
                                               attainment plans) and maintenance                       outlined in EPA’s May 14, 1999                        the submittal. These MVEBs, when
                                               plans must include MVEBs for criteria                   guidance, ‘‘Conformity Guidance on                    considered together with all other
                                               pollutants, including ozone, and their                  Implementation of March 2, 1999,                      emissions sources, are consistent with
                                               precursor pollutants (NOX and VOC for                   Conformity Court Decision.’’ EPA                      maintenance of the 2008 ozone
                                               ozone) to address pollution from on-                    adopted regulations to codify the
                                               road transportation sources. The MVEBs                                                                        standard. The MVEBs are shown in
                                                                                                       adequacy process in the Transportation                Table 8.
                                               are the portion of the total allowable                  Conformity Rule Amendments for the
                                               emissions that are allocated to highway                 ‘‘New 8-Hour Ozone and PM2.5 National
                                               and transit vehicle use that, together                  Ambient Air Quality Standards and
                                               with emissions from other sources in                                                                             21 As stated previously, EPA originally informed
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                                                                                                       Miscellaneous Revisions for Existing
                                               the area, will provide for attainment or                                                                      the District, Maryland, and Virginia that the 2014,
                                                                                                       Areas; Transportation Conformity Rule                 2025, and 2030 MVEBs were adequate for use in
                                               maintenance of the NAAQS. See 40 CFR                    Amendments—Response to Court                          transportation conformity analyses in letters dated
                                               93.101.                                                 Decision and Additional Rule Change,’’                July 18, 2018. EPA revised language in these letters
                                                                                                       on July 1, 2004 (69 FR 40004).                        and sent the revised letters to the District,
                                                 20 Maintenance areas are areas that were                                                                    Maryland, and Virginia on July 24, 2018. The
                                               previously nonattainment for a particular NAAQS,
                                                                                                       Additional information on the adequacy                original and revised letters are available online at
                                               but have been redesignated to attainment with an        process for transportation conformity                 http://www.regulations.gov, Docket ID: EPA–R03–
                                               approved maintenance plan for the NAAQS.                purposes is available in the proposed                 OAR–2018–0215.



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                                                                             Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                                                    39033

                                                            TABLE 8—WASHINGTON, DC-MD-VA MAINTENANCE PLAN ON-ROAD MOBILE SOURCE EMISSIONS BUDGETS
                                                                                                                                                                                                                         NOX on-road      VOC on-road
                                                                                                                                  Year                                                                                    emissions        emissions
                                                                                                                                                                                                                            (tpd)            (tpd)

                                               Attainment Year 2014 Emission and Budget ..........................................................................................................                              136.8              61.3
                                               Intermediate Year 2025 Emission and Budget .......................................................................................................                                40.7              33.2
                                               Final Year 2030 Emission and Budget ....................................................................................................................                          27.4              24.1



                                               C. What is a safety margin and how was                                       can be allotted to mobile source                                     transportation buffer is 15.0 tpd in 2025
                                               it allocated?                                                                inventories to develop MVEBs.                                        and 14.6 tpd in 2030. The District,
                                                                                                                               Table 4 shows the difference in total                             Maryland, and Virginia used 20% of the
                                                  EPA’s transportation conformity                                           emissions for NOX and VOC from all                                   total available transportation buffer to
                                               regulations allow for the use of a safety                                    sources between the attainment year                                  develop the second set of mobile
                                               margin, also referred to as a                                                (2014) and the intermediate year (2025)                              budgets for 2025 and 2030 in the
                                               ‘‘transportation buffer’’, in the                                            as well as the attainment year (2014)                                maintenance plan. The transportation
                                               development of MVEBs for maintenance                                         and the final maintenance year (2030).                               buffers add 8.1 tpd of NOX and 6.6 tpd
                                               plans. A ‘‘safety margin’’ is the                                            These differences in emissions provide                               of VOC to the 2025 emission
                                               difference between the attainment level                                      estimates of the total available                                     inventories, and 5.5 tpd of NOX and 4.8
                                               of emissions (from all sources) and the                                      transportation buffers for NOX and VOC                               tpd of VOC to the 2030 emission
                                               projected level of emissions (from all                                       in 2025 and 2030. The total available                                inventories. The MVEBs with the
                                               sources) in the maintenance plan. All or                                     transportation buffers for NOX is 114.9                              transportation buffers described
                                               a portion of these transportation buffers                                    tpd in 2025 and 126.4 tpd in 2030 and                                previously for the Washington Area are
                                                                                                                            for VOC the total available                                          shown in Table 9.

                                                       TABLE 9—WASHINGTON, DC-MD-VA MAINTENANCE PLAN ON-ROAD MOBILE SOURCE EMISSIONS BUDGETS WITH
                                                                                        TRANSPORTATION BUFFERS
                                                                                                                                                                                                                         NOX on-road      VOC on-road
                                                                                                                                  Year                                                                                    emissions        emissions
                                                                                                                                                                                                                            (tpd)            (tpd)

                                               Attainment Year 2014 Emissions & Budget ............................................................................................................                             136.8              61.3
                                               Predicted 2025 Emission .........................................................................................................................................                 40.7              33.2
                                               Transportation Buffer ...............................................................................................................................................              8.1               6.6
                                               Intermediate Year 2025 Budget ..............................................................................................................................                      48.8              39.8
                                               Predicted 2030 Emission .........................................................................................................................................                 27.4              24.1
                                               Transportation Buffer ...............................................................................................................................................              5.5               4.8
                                               Final Year 2030 Budget ...........................................................................................................................................                32.9              28.9



                                                 These two sets of MVEBs (with and                                          (2025 and 2030). As can be seen in                                   below the emission levels of the
                                               without transportation buffers) have                                         Table 10, the MVEBs that include the                                 maintenance inventory.
                                               been developed for both milestone years                                      transportation buffer (Table 9), remain

                                                 TABLE 10—MAINTENANCE INVENTORY: NOX AND VOC EMISSIONS IN THE WASHINGTON AREA, INCLUDING MVEBS WITH
                                                                                 TRANSPORTATION BUFFER, 2014 TO 2030
                                                                                                                                                                                                   NOX                                  VOC
                                                                                                                                                                                                   (tpd)                                (tpd)
                                                                                                     Source category
                                                                                                                                                                                         2014      2025           2030        2014      2025      2030

                                               Point .................................................................................................................................    64.9        66.0             68.5     7.7        8.8      9.4
                                               Non-Point (Area) ..............................................................................................................             9.6         9.9             10.0   139.3      153.7    160.3
                                               M–A–R .............................................................................................................................        19.2        21.4             22.4     2.4        2.6      2.6
                                               Nonroad Mobile ................................................................................................................            52.0        29.6             27.8    47.5       44.9     47.2
                                               On-Road Mobile ...............................................................................................................            136.8        48.8             32.9    61.3       39.8     28.9
                                               Quasi-Point ......................................................................................................................         14.4        14.4             14.4     1.2        1.2      1.2

                                                     Total ..........................................................................................................................    296.9      190.1          176.0      259.4      251.0    249.6
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                                               D 2014–2025 ....................................................................................................................                   106.8                                  8.4

                                               D 2014–2030 ....................................................................................................................                   120.9                                  9.8



                                                  The District, Maryland, and Virginia                                      9, as needed in situations where the                                 assumptions, including, but not limited
                                               will only use the MVEBs with                                                 conformity analysis must be based on                                 to, updates to demographic, land use, or
                                               transportation buffers, shown in Table                                       different data, models, or planning                                  project-related assumptions, than were


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                                               39034                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               used to create the first set of MVEBs in                Finally, EPA has found adequate and is                because such documents and
                                               the maintenance plan. The technical                     proposing to approve these 2014, 2025,                information are essential to pursuing
                                               analyses used to demonstrate                            and 2030 NOX and VOC MVEBs for the                    enforcement in a manner required by
                                               compliance with the MVEBs and the                       Washington Area. EPA is soliciting                    federal law to maintain program
                                               need, if any, to use transportation                     public comments on the issues                         delegation, authorization or approval.’’
                                               buffers will be fully documented in the                 discussed in this document. These                        Virginia’s Immunity law, Va. Code
                                               conformity analysis and follow the                      comments will be considered before                    Sec. 10.1–1199, provides that ‘‘[t]o the
                                               Transportation Planning Board’s (TPB)                   taking final action.                                  extent consistent with requirements
                                               interagency consultation procedures.                                                                          imposed by federal law,’’ any person
                                                                                                       VII. General Information Pertaining to                making a voluntary disclosure of
                                               Regulations governing the interagency                   SIP Submittals From the
                                               consultation process adopted by the                                                                           information to a state agency regarding
                                                                                                       Commonwealth of Virginia                              a violation of an environmental statute,
                                               District, Maryland, Virginia, and the
                                               TPB are as follows:                                        In 1995, Virginia adopted legislation              regulation, permit, or administrative
                                                                                                       that provides, subject to certain                     order is granted immunity from
                                               1. District of Columbia: Title 20
                                                                                                       conditions, for an environmental                      administrative or civil penalty. The
                                                    Environment, Chapter 20–15
                                                                                                       assessment (audit) ‘‘privilege’’ for                  Attorney General’s January 12, 1998
                                                    General and Transportation
                                                                                                       voluntary compliance evaluations                      opinion states that the quoted language
                                                    Conformity, Rule Numbers 20–
                                                                                                       performed by a regulated entity. The                  renders this statute inapplicable to
                                                    1503, 20–1504, 20–1505, 20–1506,
                                                                                                       legislation further addresses the relative            enforcement of any federally authorized
                                                    20–1507
                                                                                                       burden of proof for parties either                    programs, since ‘‘no immunity could be
                                               2. Maryland: Title 26 Department of
                                                                                                       asserting the privilege or seeking                    afforded from administrative, civil, or
                                                    Environment, Subtitle 11 Air
                                                                                                       disclosure of documents for which the                 criminal penalties because granting
                                                    Quality, Chapter 26 Conformity,
                                                                                                       privilege is claimed. Virginia’s                      such immunity would not be consistent
                                                    Regulation Numbers 26.11.26.04,                    legislation also provides, subject to                 with federal law, which is one of the
                                                    26.11.26.05, 26.11.26.06,                          certain conditions, for a penalty waiver              criteria for immunity.’’
                                                    26.11.26.07, 26.11.26.08                           for violations of environmental laws                     Therefore, EPA has determined that
                                               3. Virginia: 9VAC5 Chapter 151                          when a regulated entity discovers such                Virginia’s Privilege and Immunity
                                                    Regulation for Transportation                      violations pursuant to a voluntary                    statutes will not preclude the
                                                    Conformity Section 70 Consultation                 compliance evaluation and voluntarily                 Commonwealth from enforcing its
                                                    (9VAC5–151–70)                                     discloses such violations to the                      program consistent with the federal
                                               4. Transportation Planning Board:                       Commonwealth and takes prompt and                     requirements. In any event, because
                                                    Report titled ‘‘Transportation                     appropriate measures to remedy the                    EPA has also determined that a state
                                                    Planning Board Consultation                        violations. Virginia’s Voluntary                      audit privilege and immunity law can
                                                    Procedures with respect to                         Environmental Assessment Privilege                    affect only state enforcement and cannot
                                                    Transportation Conformity                          Law, Va. Code Sec. 10.1–1198, provides                have any impact on federal enforcement
                                                    Regulations Governing TPB Plans                    a privilege that protects from disclosure             authorities, EPA may at any time invoke
                                                    and Programs,’’ May 20, 1998                       documents and information about the                   its authority under the CAA, including,
                                                  EPA finds that the District, Maryland,               content of those documents that are the               for example, sections 113, 167, 205, 211
                                               and Virginia continue to demonstrate                    product of a voluntary environmental                  or 213, to enforce the requirements or
                                               maintenance of the 2008 ozone standard                  assessment. The Privilege Law does not                prohibitions of the state plan,
                                               with both sets of MVEBs, including the                  extend to documents or information                    independently of any state enforcement
                                               MVEBs with the transportation buffers.                  that: (1) Are generated or developed                  effort. In addition, citizen enforcement
                                               Therefore, EPA is proposing to approve,                 before the commencement of a                          under section 304 of the CAA is
                                               as revisions to the District’s, Maryland’s,             voluntary environmental assessment; (2)               likewise unaffected by this, or any, state
                                               and Virginia’s SIPs, the MVEBs                          are prepared independently of the                     audit privilege or immunity law.
                                               contained in this maintenance plan for                  assessment process; (3) demonstrate a
                                               the Washington Area.                                                                                          VIII. Statutory and Executive Order
                                                                                                       clear, imminent and substantial danger
                                                                                                                                                             Reviews
                                               VI. Proposed Action                                     to the public health or environment; or
                                                                                                       (4) are required by law.                                 Under the CAA, the redesignation of
                                                  EPA is proposing to approve the                         On January 12, 1998, the                           an area to attainment and the
                                               requests from Maryland and Virginia to                  Commonwealth of Virginia Office of the                accompanying approval of the
                                               redesignate to attainment their                         Attorney General provided a legal                     maintenance plan under CAA section
                                               respective portions of the Washington                   opinion that states that the Privilege                107(d)(3)(E) are actions that affect the
                                               Area for the 2008 ozone NAAQS. EPA                      law, Va. Code Sec. 10.1–1198, precludes               status of geographical area and do not
                                               is not proposing to approve the                         granting a privilege to documents and                 impose any additional regulatory
                                               redesignation request from the District                 information ‘‘required by law,’’                      requirements on sources beyond those
                                               and will address the District’s                         including documents and information                   required by state law. A redesignation to
                                               redesignation request in a separate                     ‘‘required by federal law to maintain                 attainment does not in and of itself
                                               rulemaking action. EPA is also                          program delegation, authorization or                  impose any new requirements, but
                                               proposing to approve, as a revision to                  approval,’’ since Virginia must ‘‘enforce             rather results in the application of
                                               the District’s, Maryland’s, and Virginia’s              federally authorized environmental                    requirements contained in the CAA for
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                                               SIPs, the joint maintenance plan                        programs in a manner that is no less                  areas that have been redesignated to
                                               submitted by the District, Maryland, and                stringent than their federal                          attainment. Moreover, the Administrator
                                               Virginia. The joint maintenance plan                    counterparts. . . .’’ The opinion                     is required to approve a SIP submission
                                               demonstrates maintenance of the 2008                    concludes that ‘‘[r]egarding § 10.1–1198,             that complies with the provisions of the
                                               ozone NAAQS through 2030 in the                         therefore, documents or other                         Act and applicable federal regulations.
                                               Washington Area and includes 2014,                      information needed for civil or criminal              42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                               2025, and 2030 MVEBs for NOX and                        enforcement under one of these                        Thus, in reviewing SIP submissions,
                                               VOCs for the 2008 ozone NAAQS.                          programs could not be privileged                      EPA’s role is to approve state choices,


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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                 39035

                                               provided that they meet the criteria of                 substantial direct costs on tribal                    SUPPLEMENTARY INFORMATION:       In the
                                               the CAA. Accordingly, this action                       governments or preempt tribal law as                  final rules section of this issue of the
                                               merely approves state law as meeting                    specified by Executive Order 13175 (65                Federal Register, the EPA is approving
                                               federal requirements and does not                       FR 67249, November 9, 2000).                          the State’s SIP submittal as a direct rule
                                               impose additional requirements beyond                                                                         without prior proposal because the
                                                                                                       List of Subjects in 40 CFR Part 52
                                               those imposed by state law. For that                                                                          Agency views this as noncontroversial
                                               reason, this proposed action:                             Environmental protection, Air                       submittal and anticipates no adverse
                                                  • Is not a ‘‘significant regulatory                  pollution control, Carbon monoxide,                   comments. A detailed rationale for the
                                               action’’ subject to review by the Office                Incorporation by reference,                           approval is set forth in the direct final
                                               of Management and Budget under                          Intergovernmental relations, Nitrogen                 rule. If no relevant adverse comments
                                               Executive Orders 12866 (58 FR 51735,                    dioxide, Ozone, Reporting and                         are received in response to this action
                                               October 4, 1993) and 13563 (76 FR 3821,                 recordkeeping requirements, Volatile                  no further activity is contemplated. If
                                               January 21, 2011);                                      organic compounds.                                    the EPA receives relevant adverse
                                                  • Is not an Executive Order 13771 (82                  Authority: 42 U.S.C. 7401 et seq.                   comments, the direct final rule will be
                                               FR 9339, February 2, 2017) regulatory                                                                         withdrawn and all public comments
                                               action because SIP approvals are                          Dated: July 24, 2018.
                                                                                                                                                             received will be addressed in a
                                               exempted under Executive Order 12866.                   Cosmo Servidio,                                       subsequent final rule based on this
                                                  • Does not impose an information                     Regional Administrator, Region III.                   proposed rule. The EPA will not
                                               collection burden under the provisions                  [FR Doc. 2018–16882 Filed 8–7–18; 8:45 am]            institute a second comment period. Any
                                               of the Paperwork Reduction Act (44                      BILLING CODE 6560–50–P                                parties interested in commenting on this
                                               U.S.C. 3501 et seq.);                                                                                         action should do so at this time.
                                                  • Is certified as not having a                                                                                For additional information, see the
                                               significant economic impact on a                        ENVIRONMENTAL PROTECTION                              direct final rule, which is located in the
                                               substantial number of small entities                    AGENCY                                                rules section of this issue of the Federal
                                               under the Regulatory Flexibility Act (5                                                                       Register.
                                               U.S.C. 601 et seq.);                                    40 CFR Part 52
                                                  • Does not contain any unfunded                                                                              Dated: July 31, 2018.
                                                                                                       [EPA–R06–OAR–2017–0699; FRL–9981–                     Anne Idsal,
                                               mandate or significantly or uniquely                    42—Region 6]
                                               affect small governments, as described                                                                        Regional Administrator, Region 6.
                                               in the Unfunded Mandates Reform Act                     Air Plan Approval; Arkansas                           [FR Doc. 2018–16905 Filed 8–7–18; 8:45 am]
                                               of 1995 (Pub. L. 104–4);                                                                                      BILLING CODE 6560–50–P
                                                  • Does not have federalism                           AGENCY:  Environmental Protection
                                               implications as specified in Executive                  Agency (EPA).
                                               Order 13132 (64 FR 43255, August 10,                    ACTION: Proposed rule.                                ENVIRONMENTAL PROTECTION
                                               1999);                                                                                                        AGENCY
                                                  • Is not an economically significant                 SUMMARY:   Pursuant to the Federal Clean
                                               regulatory action based on health or                    Air Act (CAA or the Act), the                         40 CFR Part 52
                                               safety risks subject to Executive Order                 Environmental Protection Agency (EPA)
                                                                                                                                                             [EPA–R03–OAR–2013–0492; FRL–9981–
                                               13045 (62 FR 19885, April 23, 1997);                    is proposing to approve portions of the               67—Region 3]
                                                  • Is not a significant regulatory action             revisions to the Arkansas State
                                               subject to Executive Order 13211 (66 FR                 Implementation Plan (SIP) submitted by                Approval and Promulgation of Air
                                               28355, May 22, 2001);                                   the Arkansas Department of                            Quality Implementation Plans;
                                                  • Is not subject to requirements of                  Environmental Quality (ADEQ) on                       Delaware; Interstate Transport
                                               Section 12(d) of the National                           March 24, 2017. Most of the revisions                 Requirements for the 2010 1-Hour
                                               Technology Transfer and Advancement                     are administrative in nature and make                 Sulfur Dioxide Standard
                                               Act of 1995 (15 U.S.C. 272 note) because                the SIP current with Federal rules. The
                                               application of those requirements would                 EPA is also proposing to make                         AGENCY:  Environmental Protection
                                               be inconsistent with the CAA; and                       ministerial changes to the Code of                    Agency (EPA).
                                                  • Does not provide EPA with the                      Federal Register (CFR) to reflect SIP                 ACTION: Proposed rule.
                                               discretionary authority to address, as                  actions pertaining to the Arkansas
                                                                                                                                                             SUMMARY:   The Environmental Protection
                                               appropriate, disproportionate human                     Prevention of Significant Deterioration
                                                                                                                                                             Agency (EPA) is proposing to approve
                                               health or environmental effects, using                  (PSD) program.
                                                                                                                                                             portions of a state implementation plan
                                               practicable and legally permissible                     DATES: Written comments should be                     (SIP) revision submittal from the State
                                               methods, under Executive Order 12898                    received on or before September 7,                    of Delaware. This revision addresses the
                                               (59 FR 7629, February 16, 1994).                        2018.                                                 infrastructure requirement for interstate
                                                  The action approving Maryland’s and
                                                                                                       ADDRESSES:   Submit your comments,                    transport of pollution with respect to
                                               Virginia’s redesignation request for their
                                                                                                       identified by EPA–R06–OAR–2017–                       the 2010 1-hour sulfur dioxide (SO2)
                                               respective portions of the Washington
                                                                                                       0699, at http://www.regulations.gov or                national ambient air quality standard
                                               Area for the 2008 ozone NAAQS as well
                                                                                                       via email to paige.carrie@epa.gov. For                (NAAQS). This action is being taken
                                               as the District’s, Maryland’s, and
                                                                                                       additional information on how to                      under the Clean Air Act (CAA).
                                               Virginia’s maintenance plan for the
                                                                                                       submit comments see the detailed                      DATES: Written comments must be
amozie on DSK3GDR082PROD with PROPOSALS




                                               Washington Area, is not approved to
                                               apply on any Indian reservation land as                 instructions in the ADDRESSES section of              received on or before September 7,
                                               defined in 18 U.S.C. 1151 or in any                     the direct final rule located in the rules            2018.
                                               other area where EPA or an Indian tribe                 section of this issue of the Federal                  ADDRESSES: Submit your comments,
                                               has demonstrated that a tribe has                       Register.                                             identified by Docket ID No. EPA–R03–
                                               jurisdiction. In those areas of Indian                  FOR FURTHER INFORMATION CONTACT:              Ms.     OAR–2013–0492 at http://
                                               country, the rule does not have tribal                  Carrie Paige, (214) 665–6521,                         www.regulations.gov, or via email to
                                               implications and will not impose                        paige.carrie@epa.gov.                                 spielberger.susan@epa.gov. For


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Document Created: 2018-08-08 02:06:10
Document Modified: 2018-08-08 02:06:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before September 7, 2018.
ContactSara Calcinore, (215) 814-2043, or by email at [email protected]
FR Citation83 FR 39019 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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