83 FR 39365 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 154 (August 9, 2018)
Federal Register Volume 83, Issue 154 (August 9, 2018)
| Page Range | 39365-39369 | |
| FR Document | 2018-16992 |
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)] [Rules and Regulations] [Pages 39365-39369] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16992] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0396; FRL-9981-96--Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- [[Page 39366]] SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision for the 2011 base year inventory for the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour ozone national ambient air quality standard (NAAQS). The State of Maryland submitted the emission inventory through the Maryland Department of the Environment (MDE) to meet the nonattainment requirements for moderate ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS as a revision to the Maryland state implementation plan (SIP) in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on September 10, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0396. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS was determined to be more protective of public health than the previous 1979 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008).\1\ --------------------------------------------------------------------------- \1\ On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS to 0.070 ppm. See 80 FR 65292 (October 16, 2015). This rulemaking addresses the 2008 8-hour ozone NAAQS and does not address the 2015 8-hour ozone NAAQS. --------------------------------------------------------------------------- On May 21, 2012, the Baltimore, Maryland area was designated as moderate nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088. The designation of the Baltimore, Maryland area as moderate nonattainment was effective July 20, 2012. The Baltimore, Maryland nonattainment area is comprised of Anne Arundel County, Baltimore County, Baltimore City, Carroll County, Harford County, and Howard County. Under section 172(c)(3) of the CAA, Maryland is required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutants in its moderate nonattainment area. On October 3, 2017 (82 FR 46010 and 82 FR 45997), EPA simultaneously published a notice of proposed rulemaking (NPR) and a direct final rule (DFR) for the State of Maryland approving the SIP revision. EPA received adverse comments on the rulemaking and withdrew the DFR prior to the effective date of December 4, 2017. In this final rulemaking, EPA is responding to the comments submitted on the proposed revision to the Maryland SIP and is approving Maryland's 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS. II. Summary of SIP Revision and EPA Analysis Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, and current account of actual emissions from all sources (point, nonpoint, nonroad, and onroad) in the nonattainment area. CAA section 182(a)(1) and (b) requires that areas designated as nonattainment and classified as moderate submit an inventory of all sources of ozone precursors no later than 2 years after the effective date of designation. On December 30, 2016, MDE submitted a formal revision (SIP #16-16) to its SIP. The SIP revision consists of the 2011 base year inventory for the Baltimore, Maryland nonattainment area for the 2008 8-hour ozone NAAQS. In accordance with EPA's requirements for ozone SIP planning, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements,'' MDE selected 2011 for its base year emissions inventory. See 80 FR 12263 (March 6, 2015). MDE's 2011 base year inventory includes emissions estimates covering the general source categories of stationary point, area (nonpoint), quasi-point, nonroad mobile, onroad mobile, and Marine-Air-Rail (M-A-R). EPA reviewed Maryland's 2011 base year emission inventory's results, procedures, and methodologies for the Baltimore, Maryland moderate nonattainment area and found them to meet the applicable requirements for approval under sections 110, 172(c)(3) and 182(a)(1) and (b) of the CAA. Other specific requirements of Maryland's 2011 base year emissions inventory for the 2008 8-hour ozone NAAQS and the rationale for EPA's proposed action are explained in the prior direct final rule (DFR) and its accompanying NPR and will not be restated here. EPA received public comments on the NPR that will be addressed in section III of this rulemaking. III. Response to Comments During the comment period, EPA received several anonymous comments on this rulemaking. EPA is responding to the comments submitted specific to this action on the proposed revision to the Maryland SIP. All other comments received were not specific to this action and thus are not addressed here. Comment 1: The Commenter claims Maryland assumed Stage II controls were in effect even though the State has ``exercised enforcement discretion for new and existing sources effectively eliminating all reductions from any [Stage II] controls.'' Commenter provides a memorandum from MDE's Air & Radiation Management Administration (ARMA) titled ``Stage II Vapor Recovery Systems--Enforcement Discretion Policy (March 20, 2014).'' Response 1: EPA notes that Maryland's 2011 base year emissions inventory analysis for the 2008 ozone NAAQS was performed for calendar year 2011 using 2011 emissions data. Maryland continued to implement and enforce the Stage II program prior to issuance of MDE's enforcement policy on March 6, 2014, suspending state enforcement of the program from that time forward. Maryland intended to subsequently repeal the Stage II rule and to submit to EPA a SIP revision to remove the program from the SIP. Maryland submitted a SIP revision to EPA to remove the Stage II program from the SIP on August 28, 2017. However, the Stage II program was in operation and was being enforced in 2011. Therefore, EPA believes Maryland correctly estimated its 2011 emission inventory to include the Stage II program as an implemented, enforceable emission control measure. Therefore, EPA finds Maryland correctly estimated its emissions inventory to reflect Stage II as a control measure in place in the 2011 base year inventory period. Comment 2: Commenter claims that the emissions calculations for ``Open Burning--Land Clearing'' uses an ozone [[Page 39367]] season of only 92 days, which is not even half of the full ozone season. Response 2: Maryland chose to use the peak ozone period of June to August (92 days) for the ``Open Burning--Land Clearing'' emissions calculations as their ozone season.\2\ Under EPA's ``Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations (July 2017),'' the state shall ``select the representative months and work week days to include in the calculation of the ozone season day emissions. The temporal basis for these emissions should be representative of the conditions leading to nonattainment, as recommended by the state.'' \3\ EPA finds that Maryland's calculations in the 2016 SIP submittal comply with the current guidance in choosing to select June to August as the ozone season for the ``Open Burning-- Land Clearing'' emissions calculations, as Maryland states these months are typically peak ozone season. --------------------------------------------------------------------------- \2\ See EPA-R03-OAR-2017-0396-0005, page 109. \3\ See https://www.epa.gov/sites/production/files/2017-07/documents/ei_guidance_may_2017_final_rev.pdf, page 72. --------------------------------------------------------------------------- Comment 3: Maryland assumed that ``commercial and industrial sources only operated 6 days a week instead of 7.'' Commenter notes that ``nothing in Maryland prevents businesses from operating 7 days a week and so Maryland should have used 7 days a week.'' Response 3: While Commenter is not specific as to which commercial and industrial sources are of concern, EPA's Emission Inventory Improvement Program (EIIP) guidance (May 2001) provides flexibility in the operation days. For example, the guidance for solvent cleaning operations states, ``Daily variations may apply for some of the industries. Some industries operate seven days per week, others only five days. Some industries are likely to operate two or three shifts per day, others may only have one.'' Therefore, ``the default value of uniform activity through the year is six days per week.'' \4\ EPA finds that Maryland performed the calculations in accordance with the EIIP guidance.\5\ --------------------------------------------------------------------------- \4\ See https://www.epa.gov/sites/production/files/2015-08/documents/iii06fin.pdf, page 6.3-9. \5\ See https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-improvement-program-eiip for all EIIP technical reports. --------------------------------------------------------------------------- Comment 4: Commenter claims Maryland's inspection and maintenance (I/M) program is improperly represented in the emission modeling parameters selected by Maryland in the Motor Vehicle Emission Simulator (MOVES) modeling used to estimate the highway mobile source emissions portion of the emission inventory, which are used to calculate emissions benefits from the I/M program. The commenter claims MOVES parameters for I/M program coverage incorrectly included an I/M program motorist compliance rate of over 96% when the state is known to ``have a large number of (vehicle) failures that never return to get rechecked.'' Additionally, the commenter states that ``Maryland allows for almost 6 months of extensions after first testing and finding a problem that has to be fixed. This means that if a car is failing in the second half of the year it is possible to have a violating vehicle for the rest of the year meaning compliance is not achieved.'' Commenter would like EPA to require Maryland to use actual I/M data collected by the Maryland program to be used to set the I/M program parameters of the MOVES model instead of MOVES default parameters as this would reduce the reductions attributed to the I/M program and change the area's overall emissions inventory. Response 4: The I/M program motorist compliance rate is represented by the number of complying vehicles (i.e., vehicles with a confirmed final I/M test outcome, either passing the test or receiving a waiver from doing so) divided by the number of vehicles subject to testing in the area x 100. Maryland collects statistics for its Vehicle Emissions Inspection Program (VEIP) on an ongoing basis, and per a requirement of the federal requirements for I/M programs, annually reports program summary data to EPA for the prior calendar year. For purposes of the 2011 base year inventory, the relevant I/M annual report from Maryland to EPA was submitted on August 15, 2012, representing calendar year 2011.\6\ For 2011, MDE reported that a total of 1,562,895 vehicles were tested under the VEIP program. Of these, 1,424,557 vehicles initially passed and 138,338 vehicles failed the VEIP test. Of the initial failures, 14,442 ultimately received a test ``waiver'' outcome after spending money for repairs up to a limit established by the VEIP program (but still not passing a test). Therefore, a total of 1,438,99 out of 1,562,895 vehicles received some form of final VEIP test outcome (either a passing test or a waiver) by the end of calendar year 2011, for a 92% compliance rate. However, Maryland calculated an overall 97% I/M program motorist compliance rate for the 2011 calendar year, when taking into account vehicles that received legally granted compliance extensions, but received a final outcome by the following July.\7\ Maryland's 2011 I/M report tracks outcomes for these delayed compliance vehicles from the end of 2011 through July 2012 and factors them into an adjusted compliance rate for calendar year 2011. In doing so, MDE has attempted to account for many of the initially failing vehicles in the 2011 calendar year that did not receive a final I/M test outcome by the end of 2011. Taking into account these late complying vehicles, as well as vehicles that were identified as having been scrapped or relocated outside the I/M program area, MDE's calculated motorist compliance rate reached 96%, very near to the compliance rate assumed by MDE in the MOVES modeling performed to support the 2011 base year emission inventory.\8\ EPA finds that the MDE made a reasonable estimate of I/M program motorist compliance rate for its base year inventory. Based on our review of state-reported 2011 I/M program data, EPA disagrees with the Commenter that the I/M program motorist compliance rate assumed by MDE for the base year inventory was not achieved in practice. See 40 CFR part 51.351(12). --------------------------------------------------------------------------- \6\ See Maryland's I/M annual report for calendar year 2011, dated July 2012, as submitted to EPA from MDE via letter to Brian Rehn from Marcia Ways, dated July 15, 2012. \7\ See Maryland's July 2012 IM Annual Report to EPA, dated July 2012, pages 4-17 for further details on MD's motorist compliance rate, based on actual 2011 I/M program data. \8\ See EPA-R03-OAR-2017-0396-0005, page 261. --------------------------------------------------------------------------- Comment 5: Commenter requests that EPA fully evaluate all calculations to ensure Maryland has used the proper methodologies and assumptions. Response 5: EPA has reviewed the stationary point source, area source, highway mobile, and nonroad mobile source sector emissions estimates for the 2011 base year inventory and is satisfied that MDE has followed the appropriate guidelines and used the latest available information to support its base year inventory estimates. EPA has reviewed the 2011 base year inventory for the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour ozone NAAQS and finds that Maryland has followed the guidance for a base year inventory submission. IV. Final Action EPA is approving the Maryland SIP revision which includes the 2011 base year inventory for the 2008 8-hour ozone NAAQS for the Baltimore, Maryland moderate nonattainment area because the inventory was prepared in accordance with requirements in sections 110, 172(c)(3) and 182(a)(1) and [[Page 39368]] (b) of the CAA and its implementing regulations including 40 CFR 51.915. After receipt of adverse public comment on our prior direct final rule, EPA published an action to withdrawal the direct final rule (82 FR 66611, November 22, 2017). This withdrawal occurred prior to the effective date for the direct final action, preventing 40 CFR 52.1075(r) from being added to the SIP through the direct final action. With this final rule, EPA is now adding 40 CFR 52.1075(r) to Maryland's SIP. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 9, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving Maryland's 2011 base year inventory for the 2008 8-hour ozone NAAQS for the Baltimore, Maryland moderate nonattainment area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 26, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (e) is amended by adding an entry for ``2011 Base Year Emissions Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.1070 Identification of plan. * * * * * (e) * * * EPA Approved Non-Regulatory and Quasi-Regulatory Material ---------------------------------------------------------------------------------------------------------------- Name of non- regulatory SIP Applicable State revision geographic area submittal date EPA approval date Additional explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Baltimore, 12/30/2016 8/9/2018 [Insert See Sec. 52.1075(r). Inventory for the 2008 8-Hour Maryland 2008 Federal Register Ozone National Ambient Air Ozone Moderate citation]. Quality Standard. Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- [[Page 39369]] 0 3. Section 52.1075 is amended by adding paragraph (r) to read as follows: Sec. 52.1075 Base year emissions inventory. * * * * * (r) EPA approves as a revision to the Maryland state implementation plan the 2011 base year emissions inventory for the Baltimore, Maryland moderate nonattainment area for the 2008 8-hour ozone national ambient air quality standards submitted by the Maryland Department of the Environment on December 30, 2016. The 2011 base year emissions inventory includes emissions estimates that cover the general source categories of stationary point, quasi-point, area (nonpoint), nonroad mobile, onroad mobile, and Marine-Air-Rail (M-A-R). The inventory includes actual annual emissions and typical summer day emissions for the months of May through September for the ozone precursors, VOC and NO X . [FR Doc. 2018-16992 Filed 8-8-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 39365
understanding this rule. If the rule their discretionary regulatory actions. In § 165.T09–0724 Safety Zone; Discovery
would affect your small business, particular, the Act addresses actions World Fireworks, Milwaukee Harbor,
organization, or governmental that may result in the expenditure by a Milwaukee WI.
jurisdiction and you have questions State, local, or tribal government, in the (a) Location. All navigable waters
concerning its provisions or options for aggregate, or by the private sector of within a 100-yard radius of 43°01.980′
compliance, please contact the person $100,000,000 (adjusted for inflation) or N, 087°53.580 W.
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule (b) Effective and enforcement period.
CONTACT section. will not result in such an expenditure, This rule is effective and will be
Small businesses may send comments we do discuss the effects of this rule enforced from 9 p.m. through 11 p.m. on
on the actions of Federal employees elsewhere in this preamble. August 11, 2018.
who enforce, or otherwise determine (c) Regulations. (1) In accordance with
compliance with, Federal regulations to F. Environment the general regulations in § 165.23 of
the Small Business and Agriculture this part, entry into, transiting, or
We have analyzed this rule under
Regulatory Enforcement Ombudsman anchoring within this safety zone is
Department of Homeland Security
and the Regional Small Business prohibited unless authorized by the
Directive 023–01 and Commandant
Regulatory Fairness Boards. The Captain of the Port Lake Michigan or a
Instruction M16475.1D, which guide the
Ombudsman evaluates these actions designated on-scene representative.
Coast Guard in complying with the
annually and rates each agency’s (2) This safety zone is closed to all
National Environmental Policy Act of
responsiveness to small business. If you vessel traffic, except as may be
1969 (42 U.S.C. 4321–4370f), and have
wish to comment on actions by permitted by the Captain of the Port
determined that this action is one of a
employees of the Coast Guard, call 1– Lake Michigan or a designated on-scene
category of actions that do not
888–REG–FAIR (1–888–734–3247). The representative.
individually or cumulatively have a (3) The ‘‘on-scene representative’’ of
Coast Guard will not retaliate against significant effect on the human
small entities that question or complain the Captain of the Port Lake Michigan
environment. This rule involves the is any Coast Guard commissioned,
about this rule or any policy or action establishment of a safety zone
of the Coast Guard. warrant or petty officer who has been
surrounding a fireworks display on designated by the Captain of the Port
C. Collection of Information Milwaukee Harbor in Lake Michigan. It Lake Michigan to act on his or her
is categorically excluded from further behalf.
This rule will not call for a new review under paragraph L[60(a)] of
collection of information under the (4) Vessel operators desiring to enter
Appendix A, Table 1 of DHS Instruction or operate within the safety zone must
Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A
U.S.C. 3501–3520). contact the Captain of the Port Lake
Record of Environmental Consideration Michigan or an on-scene representative
D. Federalism and Indian Tribal supporting this determination is to obtain permission to do so. The
Governments available in the docket where indicated Captain of the Port Lake Michigan or an
A rule has implications for federalism under ADDRESSES. on-scene representative may be
under Executive Order 13132, G. Protest Activities contacted via VHF Channel 16. Vessel
Federalism, if it has a substantial direct operators given permission to enter or
effect on the States, on the relationship The Coast Guard respects the First operate in the safety zone must comply
between the national government and Amendment rights of protesters. with all directions given to them by the
the States, or on the distribution of Protesters are asked to contact the Captain of the Port Lake Michigan or an
power and responsibilities among the person listed in the FOR FURTHER on-scene representative.
various levels of government. We have INFORMATION CONTACT section to
Dated: July 24, 2018.
analyzed this rule under that Order and coordinate protest activities so that your
Thomas J. Stuhlreyer,
have determined that it is consistent message can be received without
jeopardizing the safety or security of Captain, U.S. Coast Guard, Captain of the
with the fundamental federalism Port, Lake Michigan.
principles and preemption requirements people, places or vessels.
[FR Doc. 2018–17069 Filed 8–8–18; 8:45 am]
described in Executive Order 13132. List of Subjects in 33 CFR Part 165 BILLING CODE 9110–04–P
Also, this rule does not have tribal
implications under Executive Order Harbors, Marine safety, Navigation
13175, Consultation and Coordination (water), Reporting and recordkeeping
with Indian Tribal Governments, requirements, Security measures, ENVIRONMENTAL PROTECTION
because it does not have a substantial Waterways. AGENCY
direct effect on one or more Indian For the reasons discussed in the 40 CFR Part 52
tribes, on the relationship between the preamble, the Coast Guard amends 33
Federal Government and Indian tribes, CFR part 165 as follows: [EPA–R03–OAR–2017–0396; FRL–9981–
or on the distribution of power and 96—Region 3]
responsibilities between the Federal PART 165—REGULATED NAVIGATION
Government and Indian tribes. If you Approval and Promulgation of Air
AREAS AND LIMITED ACCESS AREAS
believe this rule has implications for Quality Implementation Plans;
federalism or Indian tribes, please Maryland; 2011 Base Year Inventory
■ 1. The authority citation for part 165 for the 2008 8-Hour Ozone National
contact the person listed in the FOR continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES
FURTHER INFORMATION CONTACT section Ambient Air Quality Standard for the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Baltimore, Maryland Nonattainment
above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Area
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation
No. 0170.1. AGENCY: Environmental Protection
The Unfunded Mandates Reform Act Agency (EPA).
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0724 to read as
ACTION: Final rule.
Federal agencies to assess the effects of follows:
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![39366 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
SUMMARY: The Environmental Protection hour ozone NAAQS. 77 FR 30088. The nonattainment area and found them to
Agency (EPA) is approving a state designation of the Baltimore, Maryland meet the applicable requirements for
implementation plan (SIP) revision for area as moderate nonattainment was approval under sections 110, 172(c)(3)
the 2011 base year inventory for the effective July 20, 2012. The Baltimore, and 182(a)(1) and (b) of the CAA.
Baltimore, Maryland moderate Maryland nonattainment area is Other specific requirements of
nonattainment area for the 2008 8-hour comprised of Anne Arundel County, Maryland’s 2011 base year emissions
ozone national ambient air quality Baltimore County, Baltimore City, inventory for the 2008 8-hour ozone
standard (NAAQS). The State of Carroll County, Harford County, and NAAQS and the rationale for EPA’s
Maryland submitted the emission Howard County. Under section 172(c)(3) proposed action are explained in the
inventory through the Maryland of the CAA, Maryland is required to prior direct final rule (DFR) and its
Department of the Environment (MDE) submit a comprehensive, accurate, and accompanying NPR and will not be
to meet the nonattainment requirements current inventory of actual emissions restated here. EPA received public
for moderate ozone nonattainment areas from all sources of the relevant comments on the NPR that will be
for the 2008 8-hour ozone NAAQS. EPA pollutants in its moderate addressed in section III of this
is approving the 2011 base year nonattainment area. rulemaking.
emissions inventory for the 2008 8-hour On October 3, 2017 (82 FR 46010 and
ozone NAAQS as a revision to the 82 FR 45997), EPA simultaneously III. Response to Comments
Maryland state implementation plan published a notice of proposed During the comment period, EPA
(SIP) in accordance with the rulemaking (NPR) and a direct final rule received several anonymous comments
requirements of the Clean Air Act (DFR) for the State of Maryland on this rulemaking. EPA is responding
(CAA). approving the SIP revision. EPA to the comments submitted specific to
DATES: This final rule is effective on
received adverse comments on the this action on the proposed revision to
September 10, 2018. rulemaking and withdrew the DFR prior the Maryland SIP. All other comments
to the effective date of December 4, received were not specific to this action
ADDRESSES: EPA has established a
2017. In this final rulemaking, EPA is and thus are not addressed here.
docket for this action under Docket ID
responding to the comments submitted Comment 1: The Commenter claims
Number EPA–R03–OAR–2017–0396. All
on the proposed revision to the Maryland assumed Stage II controls
documents in the docket are listed on
Maryland SIP and is approving were in effect even though the State has
the http://www.regulations.gov website.
Maryland’s 2011 base year emissions ‘‘exercised enforcement discretion for
Although listed in the index, some
inventory for the 2008 8-hour ozone new and existing sources effectively
information is not publicly available,
NAAQS. eliminating all reductions from any
e.g., confidential business information
(CBI) or other information whose II. Summary of SIP Revision and EPA [Stage II] controls.’’ Commenter
disclosure is restricted by statute. Analysis provides a memorandum from MDE’s
Certain other material, such as Under CAA section 172(c)(3), states Air & Radiation Management
copyrighted material, is not placed on are required to submit a comprehensive, Administration (ARMA) titled ‘‘Stage II
the internet and will be publicly accurate, and current account of actual Vapor Recovery Systems—Enforcement
available only in hard copy form. emissions from all sources (point, Discretion Policy (March 20, 2014).’’
Publicly available docket materials are nonpoint, nonroad, and onroad) in the Response 1: EPA notes that
available through http:// nonattainment area. CAA section Maryland’s 2011 base year emissions
www.regulations.gov, or please contact 182(a)(1) and (b) requires that areas inventory analysis for the 2008 ozone
the person identified in the FOR FURTHER designated as nonattainment and NAAQS was performed for calendar
INFORMATION CONTACT section for classified as moderate submit an year 2011 using 2011 emissions data.
additional availability information. inventory of all sources of ozone Maryland continued to implement and
FOR FURTHER INFORMATION CONTACT: precursors no later than 2 years after the enforce the Stage II program prior to
Brian Rehn, (215) 814–2176, or by email effective date of designation. issuance of MDE’s enforcement policy
at rehn.brian@epa.gov. On December 30, 2016, MDE on March 6, 2014, suspending state
SUPPLEMENTARY INFORMATION: submitted a formal revision (SIP #16– enforcement of the program from that
16) to its SIP. The SIP revision consists time forward. Maryland intended to
I. Background subsequently repeal the Stage II rule and
of the 2011 base year inventory for the
On July 18, 1997, EPA promulgated a Baltimore, Maryland nonattainment area to submit to EPA a SIP revision to
revised ozone NAAQS of 0.08 ppm, for the 2008 8-hour ozone NAAQS. In remove the program from the SIP.
averaged over eight hours. 62 FR 38855. accordance with EPA’s requirements for Maryland submitted a SIP revision to
This 8-hour ozone NAAQS was ozone SIP planning, ‘‘Implementation of EPA to remove the Stage II program
determined to be more protective of the 2008 National Ambient Air Quality from the SIP on August 28, 2017.
public health than the previous 1979 1- Standards for Ozone: State However, the Stage II program was in
hour ozone NAAQS. See 44 FR 8202 Implementation Plan Requirements,’’ operation and was being enforced in
(February 8, 1979). In 2008, EPA revised MDE selected 2011 for its base year 2011. Therefore, EPA believes Maryland
the 8-hour ozone NAAQS from 0.08 to emissions inventory. See 80 FR 12263 correctly estimated its 2011 emission
0.075 ppm. See 73 FR 16436 (March 27, (March 6, 2015). MDE’s 2011 base year inventory to include the Stage II
2008).1 inventory includes emissions estimates program as an implemented, enforceable
On May 21, 2012, the Baltimore, covering the general source categories of emission control measure. Therefore,
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Maryland area was designated as stationary point, area (nonpoint), quasi- EPA finds Maryland correctly estimated
moderate nonattainment for the 2008 8- point, nonroad mobile, onroad mobile, its emissions inventory to reflect Stage
and Marine-Air-Rail (M–A–R). II as a control measure in place in the
1 On October 1, 2015, EPA strengthened the 8-
EPA reviewed Maryland’s 2011 base 2011 base year inventory period.
hour ozone NAAQS to 0.070 ppm. See 80 FR 65292
(October 16, 2015). This rulemaking addresses the
year emission inventory’s results, Comment 2: Commenter claims that
2008 8-hour ozone NAAQS and does not address procedures, and methodologies for the the emissions calculations for ‘‘Open
the 2015 8-hour ozone NAAQS. Baltimore, Maryland moderate Burning—Land Clearing’’ uses an ozone
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![39368 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
(b) of the CAA and its implementing • does not have federalism C. Petitions for Judicial Review
regulations including 40 CFR 51.915. implications as specified in Executive
Under section 307(b)(1) of the CAA,
After receipt of adverse public Order 13132 (64 FR 43255, August 10,
petitions for judicial review of this
comment on our prior direct final rule, 1999);
• is not an economically significant action must be filed in the United States
EPA published an action to withdrawal
regulatory action based on health or Court of Appeals for the appropriate
the direct final rule (82 FR 66611,
safety risks subject to Executive Order circuit by October 9, 2018. Filing a
November 22, 2017). This withdrawal
13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the
occurred prior to the effective date for
• is not a significant regulatory action Administrator of this final rule does not
the direct final action, preventing 40
subject to Executive Order 13211 (66 FR affect the finality of this action for the
CFR 52.1075(r) from being added to the
28355, May 22, 2001); purposes of judicial review nor does it
SIP through the direct final action. With
this final rule, EPA is now adding 40 • is not subject to requirements of extend the time within which a petition
Section 12(d) of the National for judicial review may be filed, and
CFR 52.1075(r) to Maryland’s SIP.
Technology Transfer and Advancement shall not postpone the effectiveness of
V. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because such rule or action.
Reviews application of those requirements would This action approving Maryland’s
A. General Requirements be inconsistent with the CAA; and 2011 base year inventory for the 2008 8-
• does not provide EPA with the hour ozone NAAQS for the Baltimore,
Under the CAA, the Administrator is discretionary authority to address, as Maryland moderate nonattainment area
required to approve a SIP submission appropriate, disproportionate human may not be challenged later in
that complies with the provisions of the health or environmental effects, using proceedings to enforce its requirements.
CAA and applicable federal regulations. practicable and legally permissible (See section 307(b)(2).)
42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898
Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52
(59 FR 7629, February 16, 1994).
EPA’s role is to approve state choices, In addition, this rule does not have Environmental protection, Air
provided that they meet the criteria of tribal implications as specified by pollution control, Incorporation by
the CAA. Accordingly, this action Executive Order 13175 (65 FR 67249, reference, Nitrogen dioxide, Ozone,
merely approves state law as meeting November 9, 2000), because the SIP is Reporting and recordkeeping
federal requirements and does not not approved to apply in Indian country requirements, Volatile organic
impose additional requirements beyond located in the state, and EPA notes that compounds.
those imposed by state law. For that it will not impose substantial direct Dated: July 26, 2018.
reason, this action: costs on tribal governments or preempt
• Is not a ‘‘significant regulatory Cecil Rodrigues,
tribal law.
action’’ subject to review by the Office Acting Regional Administrator, Region III.
of Management and Budget under B. Submission to Congress and the
Comptroller General 40 CFR part 52 is amended as follows:
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 PART 52—APPROVAL AND
January 21, 2011); U.S.C. 801 et seq., as added by the Small PROMULGATION OF
• is not an Executive Order 13771 (82 Business Regulatory Enforcement IMPLEMENTATION PLANS
FR 9339, February 2, 2017) regulatory Fairness Act of 1996, generally provides
action because SIP approvals are that before a rule may take effect, the ■ 1. The authority citation for part 52
exempted under Executive Order 12866. agency promulgating the rule must continues to read as follows:
• does not impose an information submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq.
collection burden under the provisions copy of the rule, to each House of the
of the Paperwork Reduction Act (44 Congress and to the Comptroller General Subpart V—Maryland
U.S.C. 3501 et seq.); of the United States. EPA will submit a
• is certified as not having a report containing this action and other ■ 2. In § 52.1070, the table in paragraph
significant economic impact on a required information to the U.S. Senate, (e) is amended by adding an entry for
substantial number of small entities the U.S. House of Representatives, and ‘‘2011 Base Year Emissions Inventory
under the Regulatory Flexibility Act (5 the Comptroller General of the United for the 2008 8-Hour Ozone National
U.S.C. 601 et seq.); States prior to publication of the rule in Ambient Air Quality Standard’’ at the
• does not contain any unfunded the Federal Register. A major rule end of the table to read as follows:
mandate or significantly or uniquely cannot take effect until 60 days after it
affect small governments, as described is published in the Federal Register. § 52.1070 Identification of plan.
in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as * * * * *
of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). (e) * * *
EPA APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
Name of non- Applicable State submittal Additional
regulatory geographic EPA approval date
date explanation
SIP revision area
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* * * * * * *
2011 Base Year Emissions Inven- Baltimore, Maryland 2008 Ozone 12/30/2016 8/9/2018 [Insert Federal Register See § 52.1075(r).
tory for the 2008 8-Hour Ozone Moderate Nonattainment Area. citation].
National Ambient Air Quality
Standard.
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![Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 39369
■ 3. Section 52.1075 is amended by and certified air quality monitoring data PM2.5 NAAQS to provide increased
adding paragraph (r) to read as follows: for the period 2015–2017 for the areas protection of public health from fine
identified in this action. Based on these particle pollution (78 FR 3086; January
§ 52.1075 Base year emissions inventory. data, the EPA is designating the 15, 2013). In that action, the EPA
* * * * * remaining five counties as strengthened the primary annual PM2.5
(r) EPA approves as a revision to the unclassifiable/attainment for the 2012 standard from 15.0 micrograms per
Maryland state implementation plan the primary annual PM2.5 NAAQS. cubic meter (mg/m3) to 12.0 mg/m3,
2011 base year emissions inventory for DATES: This final rule is effective on which is attained when the 3-year
the Baltimore, Maryland moderate September 10, 2018. average of the annual arithmetic means
nonattainment area for the 2008 8-hour does not exceed 12.0 mg/m3. Section
ADDRESSES: The EPA has established a
ozone national ambient air quality 107(d) of the Clean Air Act (CAA), 42
docket for this action under Docket ID
standards submitted by the Maryland U.S.C. 7407(d), governs the process for
No. EPA–HQ–OAR–2012–0918. All
Department of the Environment on initial area designations after the EPA
documents in the docket are listed in
December 30, 2016. The 2011 base year establishes a new or revised NAAQS.
the index at http://www.regulations.gov.
emissions inventory includes emissions Under CAA section 107(d), each
Although listed in the index, some
estimates that cover the general source governor is required to, and each tribal
information is not publicly available,
categories of stationary point, quasi- leader may, if they so choose,
i.e., Confidential Business Information
point, area (nonpoint), nonroad mobile, recommend air quality designations to
or other information whose disclosure is
onroad mobile, and Marine-Air-Rail (M– the EPA by a date that cannot be later
restricted by statute. Certain other
A–R). The inventory includes actual than 1 year after the promulgation of a
material, such as copyrighted material,
annual emissions and typical summer new or revised NAAQS. The EPA
is not placed on the internet and will be
day emissions for the months of May considers these recommendations as
publicly available only in hard copy
through September for the ozone part of its duty to promulgate the area
form. Publicly available docket
precursors, VOC and NOX. designations and boundaries for the new
materials are available either
[FR Doc. 2018–16992 Filed 8–8–18; 8:45 am] electronically in the docket or in hard or revised NAAQS. If, after careful
BILLING CODE 6560–50–P copy at the EPA Docket Center, William consideration of these
Jefferson Clinton West Building, Room recommendations, the EPA believes that
3334, 1301 Constitution Avenue NW, it is necessary to modify a state’s
ENVIRONMENTAL PROTECTION Washington, DC. The Public Reading recommendation and intends to
AGENCY Room is open from 8:30 a.m. to 4:30 promulgate a designation different from
p.m., Monday through Friday, excluding a state’s recommendation, the EPA must
40 CFR Part 81 notify the state at least 120 days prior
legal holidays. The telephone number
[EPA–HQ–OAR–2012–0918; FRL–9981–95– for the Public Reading Room is (202) to promulgating the final designation
OAR] 566–1744 and the telephone number for and the EPA must provide the state an
the Air Docket is (202) 566–1742. opportunity to demonstrate why any
Air Quality Designations for the 2012 In addition, the EPA has established proposed modification is inappropriate.
Primary Annual Fine Particle (PM2.5) a website for the rulemakings to initially These modifications may relate either to
National Ambient Air Quality Standard designate areas for the 2012 primary an area’s designation or to its
(NAAQS) for Areas in Florida annual PM2.5 NAAQS at: https:// boundaries.
AGENCY: Environmental Protection www.epa.gov/particle-pollution- On December 18, 2014, the
Agency (EPA). designations. This website includes the Administrator of the EPA signed a final
ACTION: Final rule. EPA’s final PM2.5 designations actions, action promulgating initial designations
as well as state and tribal initial for the 2012 PM2.5 NAAQS for the
SUMMARY: The Environmental Protection recommendation letters, the EPA’s majority of the United States, including
Agency (EPA) is establishing initial air modification letters, technical support areas of Indian country (80 FR 2206 FR;
quality designations for the 2012 documents, responses to comments and January 15, 2015). In that action, the
primary annual fine particle (PM2.5) other related technical information. EPA also deferred initial area
National Ambient Air Quality Standard FOR FURTHER INFORMATION CONTACT: For designations for certain areas where
(NAAQS) for the remaining general questions concerning this available data, including air quality
undesignated areas in the state of action, please contact: Carla Oldham, monitoring data, were insufficient to
Florida. When the EPA designated the U.S. EPA, Office of Air Quality Planning determine whether the area met or did
majority of areas in the country for this and Standards, Air Quality Policy not meet the NAAQS, but where
NAAQS in December 2014 and March Division, C539–04, Research Triangle forthcoming data were likely to result in
2015, the EPA deferred initial area Park, NC 27711, telephone (919) 541– complete and valid air quality data
designations for certain areas, including 3347, email at oldham.carla@epa.gov. sufficient to determine whether these
all of the Florida, because the EPA The Region 4 contact is Madolyn areas meet the NAAQS. Accordingly,
could not determine using available Sanchez, U.S. EPA, Air Regulatory the EPA stated that it would use the
data whether the areas were meeting or Management Section, Air Planning and additional time available as provided
not meeting the NAAQS. In August Implementation Branch, Air, Pesticides under section 107(d)(1)(B) of the CAA to
2016, the EPA designated most of the and Toxics Management Division, 61 assess relevant information and
state of Florida (62 of 67 counties). Forsyth Street SW, Atlanta, Georgia subsequently promulgate initial
sradovich on DSK3GMQ082PROD with RULES
Following the August 2016 designation 30303–8960, telephone (404) 562–9644, designations for the identified areas
action, two areas (five counties) in email at sanchez.madolyn@epa.gov. through a separate rulemaking action or
Florida remained undesignated. The SUPPLEMENTARY INFORMATION: actions. The deferred areas included the
EPA could not determine at that time entire state of Tennessee, except three
whether the areas were meeting or not I. Background counties in the Chattanooga area;
meeting the NAAQS. Florida has now On December 14, 2012, the EPA several areas in the state of Georgia,
submitted complete, quality-assured, promulgated a revised primary annual including two neighboring counties in
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Document Created: 2018-08-09 01:10:39
Document Modified: 2018-08-09 01:10:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 10, 2018. | |
| Contact | Brian Rehn, (215) 814-2176, or by email at [email protected] | |
| FR Citation | 83 FR 39365 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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