83 FR 8752 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Maryland Portion of the Philadelphia-Wilmington-Atlantic City Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 41 (March 1, 2018)
Federal Register Volume 83, Issue 41 (March 1, 2018)
| Page Range | 8752-8756 | |
| FR Document | 2018-04184 |
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)] [Rules and Regulations] [Pages 8752-8756] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04184] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0149; FRL-9974-98--Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard for the Maryland Portion of the Philadelphia-Wilmington-Atlantic City Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the 2011 base year inventory for the Maryland portion of the Philadelphia- Wilmington-Atlantic City marginal nonattainment area for the 2008 8- hour ozone national ambient air quality standard (NAAQS). The State of Maryland submitted the emission inventory, which included the ozone precursors, nitrogen oxides (NOX ) and volatile organic compounds (VOC), as well as several other pollutants, through the Maryland Department of the Environment (MDE) to meet the nonattainment requirements for marginal ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year NOX and VOC 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 April 2, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0149. All documents in the docket are listed on the https://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 https://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814-2043, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Ground level ozone is formed when NOX and VOC react in the presence of sunlight. NOX and VOC are referred to as ozone precursors and are emitted by many types of pollution sources, including motor vehicles, power plants, industrial facilities, and area wide sources, such as consumer products and lawn and garden equipment. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. These effects are more pronounced in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases. In response to this scientific evidence, EPA promulgated the first ozone NAAQS in 1979, the 0.12 part per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8, 1979). EPA had previously promulgated a NAAQS for total photochemical oxidants. On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08 ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS was determined to be more protective of public health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012, the Philadelphia-Wilmington-Atlantic City area was designated as marginal nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088. The designation of the Philadelphia-Wilmington-Atlantic City area as marginal nonattainment was effective July 20, 2012. The Philadelphia-Wilmington-Atlantic City nonattainment area is comprised of Cecil County in Maryland, as well as counties in Delaware, New Jersey, and Pennsylvania. Under sections 172(c)(3) and 182(a)(1) of the CAA, Maryland is required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutants, i.e. the ozone precursors NOX and VOC, for the marginal nonattainment area, i.e., the Maryland portion of the Philadelphia-Wilmington- Atlantic City nonattainment area. In order to satisfy the requirements of CAA sections 172(c)(3) and 182(a)(1), on January 19, 2017, Maryland formally submitted the 2011 base year inventory for the Maryland portion of the [[Page 8753]] Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS as a SIP revision (SIP # 16-15). On September 25, 2017, EPA simultaneously published a notice of proposed rulemaking (NPR) (82 FR 44544) and a direct final rule (DFR) (82 FR 44522) approving Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS as a SIP revision. The DFR included an amendment to 40 CFR 52.1070 (identification of Maryland's SIP) and an amendment to 40 CFR 52.1075 (explanation of Maryland's base year emissions inventories). EPA received an adverse comment on the rulemaking and withdrew the DFR prior to the effective date of November 24, 2017. See 82 FR 54298 (November 17, 2017). However, in the withdrawal, EPA only withdrew the amendment to 40 CFR 52.1070, which would have added an entry for the ``2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' to the table under 40 CFR 52.1075(e) (EPA-approved nonregulatory and quasi-regulatory material). EPA inadvertently did not withdraw the amendment to 40 CFR 52.1075, which became effective on November 24, 2017. This provision revised Maryland's SIP to include paragraph (q) under 40 CFR 52.1075, which described EPA's ``approval'' of Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. Because the addition of 40 CFR 52.1075(q) did not contain an effective date and this final action approving Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia- Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS will correctly add 40 CFR 52.1075(q), the earlier effective date which added 40 CFR 52.1075(q) is harmless. Therefore, no correction is needed for this harmless early addition. In the NPR, EPA had proposed to approve the SIP revision, which included Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington- Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. 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 inventory for the Maryland portion of the Philadelphia- Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS as a SIP revision. Because 40 CFR 52.1075(q) was prematurely added by EPA's inadvertent failure to withdraw the amendment to 40 CFR 52.1075 when we withdrew the DFR in the November 17, 2017 withdrawal Federal Register notice, no further amendment to 40 CFR 52.1075 is necessary. II. Summary of SIP Revision and EPA Analysis Under CAA section 172(c)(3), states are required to submit a comprehensive, accurate, and current inventory of actual emissions from all sources (point, nonpoint, nonroad, and onroad) of the relevant pollutant or pollutants in the nonattainment area. CAA section 182(a)(1) requires that areas designated as nonattainment and classified as marginal submit an inventory of all sources of ozone precursors no later than 2 years after the effective date of designation. EPA's guidance for emissions inventory development calls for actual emissions to be used in the base year inventory. The state must report annual emissions as well as ``summer day emissions.'' As defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an average day's emissions for a typical summer work weekday. The state will select the particular month(s) in summer and the day(s) in the work week to be represented.'' On January 19, 2017, MDE submitted a formal revision (SIP #16-15) to its SIP. The SIP revision consists of the 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. MDE selected 2011 as its base year for SIP planning purposes, as recommended in EPA's final rule, ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements.'' See 80 FR 12263 (March 6, 2015). MDE's 2011 base year inventory includes emissions estimates covering the general source categories of stationary point, area (nonpoint), nonroad mobile, onroad mobile, and Marine-Air-Rail (M-A-R). In its 2011 base year inventory, MDE reported actual annual emissions and typical summer day emissions for the months of May through September for NOX, VOC, and carbon monoxide. MDE also reported annual emissions for fine particulate matter (PM2.5 ), sulfur dioxide (SO2 ), and ammonia (NH3 ) In this approval of the 2011 base year emissions inventory for the 2008 ozone NAAQS, EPA is approving only the portions of the inventory that relate to the relevant ozone precursors, which are VOC and NOX .\1\ --------------------------------------------------------------------------- \1\ The actual annual emissions and typical summer day emissions were summarized by MDE in Table 1-1: 2011 Base Year SIP Emission Inventory Summary. A discrepancy was found between the area annual emissions reported for PM2.5 and NH3 in Table 1-1 and the area annual emissions reported for PM2.5 and NH3 in Table 4-1: 2011 Base Year SIP Area Source Emission Inventories and the Nonpoint Annual data table under Appendix C Area/Nonpoint Sources. Since the anthropogenic totals in Table 1-1 correspond to the annual emissions values, the anthropogenic totals for PM2.5 and NH3 in Table 1-1 were also affected by the discrepancy. In a correction letter, MDE confirmed that the area annual emissions for PM2.5 and NH3 in Table 1-1 are 456.50 tpy for PM2.5 and 477.15 tpy for NH3 . MDE also confirmed that the corresponding anthropogenic totals for PM2.5 and NH3 are 625.04 tpy and 530.10 tpy. MDE has submitted a corrected version of page 3 of the 2011 base year inventory to reflect the necessary corrections to Table 1-1. The corrected version as well as the correction letter are included in the docket for this rulemaking even though the CAA at sections 172 and 182 only require an inventory of ozone precursors. See July 20, 2017 letter from Brian Hug, Program Manager, Maryland Department of the Environment to Cecil Rodrigues, Acting Regional Administrator, EPA Region III, Subject: SIP #16-15 ``2011 Base Year Emissions Inventory for the Maryland Portion of the Philadelphia-Atlantic City, PA-NJ- DE-MD 2008 Ozone NAAQS Nonattainment Area (Cecil County, MD) Minor Corrections.'' --------------------------------------------------------------------------- Table 1 summarizes the 2011 VOC and NOX emission inventory by source sector for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area. Annual emissions are given in tons per year (tpy) and summer weekday emissions are given by tons per day (tpd). Table 1--Summary of 2011 Emissions of Ozone Precursors for the Philadelphia-Wilmington-Atlantic City Nonattainment Area ---------------------------------------------------------------------------------------------------------------- Summer weekday (tpd) Annual (tpy) Source sector --------------------------------------------------------------- VOC NOX VOC NOX ---------------------------------------------------------------------------------------------------------------- Point........................................... 0.301 2.63 64.91 76.19 [[Page 8754]] Area............................................ 2.863 0.31 937.78 242.02 Nonroad......................................... 5.127 2.01 1,054.93 529.02 Onroad.......................................... 2.29 7.50 791.98 2,730.44 M-A-R........................................... 0.030 0.46 11.03 167.97 --------------------------------------------------------------- Anthropogenic Subtotal...................... 10.61 12.90 2,860.63 3,745.63 ---------------------------------------------------------------------------------------------------------------- Point sources are large, stationary, and identifiable sources of emissions that release pollutants into the atmosphere. Maryland obtained its point source data from the MDE Air and Radiation Management Administration (ARMA) point source emissions inventory. ARMA identifies and inventories stationary sources for the point source emissions inventory through inspections, investigations, permitting, and equipment registrations. Area sources, also known as nonpoint sources, are sources of pollution that are small and numerous and have not been inventoried as specific point or mobile sources. To inventory these sources, they are grouped so that emissions can be estimated collectively using one methodology. Examples of nonpoint sources include residential heating emissions and emissions from consumer solvents. MDE calculated nonpoint emissions for the Maryland portion of the Philadelphia-Wilmington- Atlantic City nonattainment area by multiplying emissions factors specific for each source category with some known indicator of collective activity for each source category, such as population or employment data. Nonroad sources are mobile sources other than onroad vehicles. In its 2011 base year inventory, MDE separated nonroad sources into two categories: ``Nonroad Model NMIM'' and M-A-R. Nonroad Model NMIM sources include lawn and garden equipment, airport service equipment, recreational land vehicles or equipment, recreational marine equipment, light commercial equipment, industrial equipment, construction equipment, agricultural or farm equipment, and logging equipment. MDE relied on EPA's nonroad emissions calculations from the National Mobile Inventory Model (NMIM- April 5, 2009) to calculate emissions from sources in the ``Nonroad Model NMIM'' category. M-A-R sources include railroads, commercial aviation, air taxis, general aviation, military aviation, and commercial marine vessels. MDE estimated M-A-R emissions using data from surveyed sources or state and federal reporting agencies. Onroad or highway sources are vehicles, such as cars, trucks, and buses, which are operated on public roadways. MDE estimated onroad emissions for these sources using EPA's Motor Vehicle Emission Simulator (MOVES) model, version 2010a, and appropriate activity levels, such as vehicle miles traveled (VMT) estimates developed from vehicle count data maintained by the State Highway Administration (SHA) of the Maryland Department of Transportation (MDOT). EPA reviewed Maryland's 2011 base year emission inventory's results, procedures, and methodologies for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area and found them to be acceptable and approvable under CAA sections 110, 172(c)(3) and 182(a)(1) of the CAA. EPA's review and analysis is detailed in a Technical Support Document (TSD) prepared for this rulemaking. The TSD is available online at http://www.regulations.gov, Docket ID No. EPA- R03-OAR-2017-0149. The public comments received on the NPR are discussed in Section III of this rulemaking action. III. Public Comments and EPA's Response EPA received two public comments on our September 25, 2017 proposal to approve Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. The comment submitted on October 25, 2017, was not related to this action and will not be addressed here. Comment: The commenter stated that for a multistate nonattainment area, EPA cannot approve a single state's emission inventory. Rather, the commenter believes that EPA must approve a single emission inventory for the entire nonattainment area instead of taking a piecemeal approach to act on each individual emissions inventory submitted by each state for that state's portion of the nonattainment area. The commenter expressed concern that by approving separate emission inventories for each state, EPA will not know if all of the other states are ``within the right limits.'' Response: For ozone nonattainment areas, CAA section 182(a) specifically provides that ``Each State in which all or part of a Marginal Area is located shall, with respect to the Marginal Area (or portion thereof . . .), submit to the Administrator the State implementation plan revisions . . . described under this subsection.'' CAA section 182(a)(1) requires that ``the State shall submit a comprehensive, accurate, current inventory of actual emissions from all sources.'' EPA notes that this requirement to submit a SIP revision providing for a comprehensive inventory applies to each individual state, including a state in which only part of a nonattainment area is located. Each other state that is part of the nonattainment area would also bear the same requirement and, therefore, the CAA provides for a comprehensive emission inventory for the entire nonattainment area. CAA section 110(k) requires the EPA to act on a SIP revision within a set amount of time of when that SIP revision is submitted. The requirement is to act on each individual SIP submission. Nothing in the CAA requires EPA to act on groups of submittals, and likewise, there is no CAA requirement to act in a single action for SIPs submitted across an entire nonattainment area. Thus, EPA is appropriately acting to approve only Maryland's inventory submission for the Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. IV. Final Action EPA is approving the Maryland SIP revision submitted on January 19, 2017, which is Maryland's 2011 base year [[Page 8755]] inventory for the Maryland portion of the Philadelphia-Wilmington- Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS, as a revision to the Maryland SIP. This rule, which responds to the adverse comment received, finalizes our proposed approval of Maryland's 2011 base year inventory for the Maryland portion of the Philadelphia- Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS. 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 April 30, 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 Maryland portion of the Philadelphia-Wilmington-Atlantic City nonattainment area for the 2008 8-hour ozone NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: February 15, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (e) is amended by adding the entry ``2011 Base Year Inventory for the 2008 8-Hour Ozone National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.1070 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State Additional revision geographic area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Maryland portion of 01/19/2017 03/01/2018, Sec. 52.1075(q). Inventory for the 2008 8-Hour the Philadelphia- [Insert Federal Ozone National Ambient Air Wilmington- Register Quality Standard. Atlantic City, PA- citation]. NJ-DE-MD 2008 ozone nonattainment area. ---------------------------------------------------------------------------------------------------------------- [[Page 8756]] [FR Doc. 2018-04184 Filed 2-28-18; 8:45 am] BILLING CODE 6560-50-P
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I. National Technology Transfer and ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Sara
Advancement Act AGENCY Calcinore, (215) 814–2043, or by email
This rulemaking does not involve at calcinore.sara@epa.gov.
technical standards. 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
J. Executive Order 12898: Federal I. Background
[EPA–R03–OAR–2017–0149; FRL–9974–
Actions To Address Environmental 98—Region 3] Ground level ozone is formed when
Justice in Minority Populations and NOX and VOC react in the presence of
Low-Income Populations Approval and Promulgation of Air sunlight. NOX and VOC are referred to
The EPA believes that this action is Quality Implementation Plans; as ozone precursors and are emitted by
not subject to Executive Order 12898 (59 Maryland; 2011 Base Year Inventory many types of pollution sources,
FR 7629, February 16, 1994) because it for the 2008 8-Hour Ozone National including motor vehicles, power plants,
does not establish an environmental Ambient Air Quality Standard for the industrial facilities, and area wide
health or safety standard. This action Maryland Portion of the Philadelphia- sources, such as consumer products and
defers sanctions in accordance with Wilmington-Atlantic City lawn and garden equipment. Scientific
CAA regulatory provisions and imposes Nonattainment Area evidence indicates that adverse public
no additional requirements. health effects occur following exposure
AGENCY: Environmental Protection to ozone. These effects are more
K. Congressional Review Act (CRA) Agency (EPA). pronounced in children and adults with
This action is subject to the CRA, and ACTION: Final rule. lung disease. Breathing air containing
the EPA will submit a rule report to ozone can reduce lung function and
each House of the Congress and to the SUMMARY: The Environmental Protection inflame airways, which can increase
Comptroller General of the United Agency (EPA) is approving the 2011 respiratory symptoms and aggravate
States. The CRA allows the issuing base year inventory for the Maryland asthma or other lung diseases. In
agency to make a rule effective sooner portion of the Philadelphia-Wilmington- response to this scientific evidence, EPA
than otherwise provided by the CRA if Atlantic City marginal nonattainment promulgated the first ozone NAAQS in
the agency makes a good cause finding area for the 2008 8-hour ozone national 1979, the 0.12 part per million (ppm) 1-
that notice and comment rulemaking ambient air quality standard (NAAQS). hour ozone NAAQS. See 44 FR 8202
procedures are impracticable, The State of Maryland submitted the (February 8, 1979). EPA had previously
unnecessary or contrary to the public emission inventory, which included the promulgated a NAAQS for total
interest (5 U.S.C. 808(2)). The EPA has photochemical oxidants.
ozone precursors, nitrogen oxides (NOX)
made a good cause finding for this rule On July 18, 1997, EPA promulgated a
and volatile organic compounds (VOC), revised ozone NAAQS of 0.08 ppm,
as discussed in section II of this as well as several other pollutants,
preamble, including the basis for that averaged over eight hours. 62 FR 38855.
through the Maryland Department of the This 8-hour ozone NAAQS was
finding.
Environment (MDE) to meet the determined to be more protective of
Under section 307(b)(1) of the CAA,
petitions for judicial review of this nonattainment requirements for public health than the previous 1979 1-
action must be filed in the United States marginal ozone nonattainment areas for hour ozone NAAQS. In 2008, EPA
Court of Appeals for the appropriate the 2008 8-hour ozone NAAQS. EPA is revised the 8-hour ozone NAAQS from
circuit by April 30, 2018. Filing a approving the 2011 base year NOX and 0.08 to 0.075 ppm. See 73 FR 16436
petition for reconsideration by the EPA VOC emissions inventory for the 2008 8- (March 27, 2008).
Administrator of this final rule does not hour ozone NAAQS as a revision to the On May 21, 2012, the Philadelphia-
affect the finality of this rule for the Maryland State Implementation Plan Wilmington-Atlantic City area was
purpose of judicial review nor does it (SIP) in accordance with the designated as marginal nonattainment
extend the time within which petition requirements of the Clean Air Act for the 2008 8-hour ozone NAAQS. 77
for judicial review may be filed, and (CAA). FR 30088. The designation of the
shall not postpone the effectiveness of DATES: This final rule is effective on
Philadelphia-Wilmington-Atlantic City
such rule or action. This action may not April 2, 2018. area as marginal nonattainment was
be challenged later in proceedings to effective July 20, 2012. The
enforce its requirements (see CAA ADDRESSES: EPA has established a Philadelphia-Wilmington-Atlantic City
section 307(b)(2)). docket for this action under Docket ID nonattainment area is comprised of
Number EPA–R03–OAR–2017–0149. All Cecil County in Maryland, as well as
List of Subjects in 40 CFR Part 52 documents in the docket are listed on counties in Delaware, New Jersey, and
Environmental protection, the https://www.regulations.gov Pennsylvania.
Administrative practice and procedure, website. Although listed in the index, Under sections 172(c)(3) and 182(a)(1)
Air pollution control, Carbon monoxide, some information is not publicly of the CAA, Maryland is required to
Incorporation by reference, available, e.g., confidential business submit a comprehensive, accurate, and
Intergovernmental relations, Lead, information (CBI) or other information current inventory of actual emissions
Nitrogen dioxide, Ozone, Particulate whose disclosure is restricted by statute. from all sources of the relevant
matter, Reporting and recordkeeping Certain other material, such as pollutants, i.e. the ozone precursors
requirements, Sulfur dioxide, Volatile copyrighted material, is not placed on NOX and VOC, for the marginal
organic compounds. the internet and will be publicly nonattainment area, i.e., the Maryland
available only in hard copy form. portion of the Philadelphia-Wilmington-
amozie on DSK30RV082PROD with RULES
Authority: 42 U.S.C. 7401 et seq.
Publicly available docket materials are Atlantic City nonattainment area. In
Dated: February 20, 2018. available through https:// order to satisfy the requirements of CAA
Alexis Strauss, www.regulations.gov, or please contact sections 172(c)(3) and 182(a)(1), on
Acting Regional Administrator, Region IX. the person identified in the FOR FURTHER January 19, 2017, Maryland formally
[FR Doc. 2018–04111 Filed 2–28–18; 8:45 am] INFORMATION CONTACT section for submitted the 2011 base year inventory
BILLING CODE 6560–50–P additional availability information. for the Maryland portion of the
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inventory for the Maryland portion of Order 13132 (64 FR 43255, August 10, C. Petitions for Judicial Review
the Philadelphia-Wilmington-Atlantic 1999); Under section 307(b)(1) of the CAA,
City nonattainment area for the 2008 8- • is not an economically significant petitions for judicial review of this
hour ozone NAAQS, as a revision to the regulatory action based on health or action must be filed in the United States
Maryland SIP. This rule, which safety risks subject to Executive Order Court of Appeals for the appropriate
responds to the adverse comment 13045 (62 FR 19885, April 23, 1997); circuit by April 30, 2018. Filing a
received, finalizes our proposed
approval of Maryland’s 2011 base year • is not a significant regulatory action petition for reconsideration by the
subject to Executive Order 13211 (66 FR Administrator of this final rule does not
inventory for the Maryland portion of
28355, May 22, 2001); affect the finality of this action for the
the Philadelphia-Wilmington-Atlantic
• is not subject to requirements of purposes of judicial review nor does it
City nonattainment area for the 2008 8-
Section 12(d) of the National extend the time within which a petition
hour ozone NAAQS.
Technology Transfer and Advancement for judicial review may be filed, and
V. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of
Reviews such rule or action.
application of those requirements would
A. General Requirements be inconsistent with the CAA; and This action approving Maryland’s
2011 base year inventory for the
Under the CAA, the Administrator is • does not provide EPA with the Maryland portion of the Philadelphia-
required to approve a SIP submission discretionary authority to address, as Wilmington-Atlantic City
that complies with the provisions of the appropriate, disproportionate human nonattainment area for the 2008 8-hour
CAA and applicable federal regulations. health or environmental effects, using ozone NAAQS may not be challenged
42 U.S.C. 7410(k); 40 CFR 52.02(a). practicable and legally permissible later in proceedings to enforce its
Thus, in reviewing SIP submissions, methods, under Executive Order 12898 requirements. (See section 307(b)(2).)
EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994).
provided that they meet the criteria of In addition, this rule does not have List of Subjects in 40 CFR Part 52
the CAA. Accordingly, this action tribal implications as specified by Environmental protection, Air
merely approves state law as meeting Executive Order 13175 (65 FR 67249, pollution control, Incorporation by
federal requirements and does not November 9, 2000), because the SIP is reference, Intergovernmental relations,
impose additional requirements beyond not approved to apply in Indian country Nitrogen dioxide, Ozone, Reporting and
those imposed by state law. For that located in the state, and EPA notes that recordkeeping requirements, Volatile
reason, this action: it will not impose substantial direct organic compounds.
• Is not a ‘‘significant regulatory costs on tribal governments or preempt
action’’ subject to review by the Office Dated: February 15, 2018.
tribal law. Cosmo Servidio,
of Management and Budget under
Executive Orders 12866 (58 FR 51735, B. Submission to Congress and the Regional Administrator, Region III.
October 4, 1993) and 13563 (76 FR 3821, Comptroller General 40 CFR part 52 is amended as follows:
January 21, 2011);
• is not an Executive Order 13771 (82 The Congressional Review Act, 5
PART 52—APPROVAL AND
FR 9339, February 2, 2017) regulatory U.S.C. 801 et seq., as added by the Small
PROMULGATION OF
action because SIP approvals are Business Regulatory Enforcement
IMPLEMENTATION PLANS
exempted under Executive Order 12866. Fairness Act of 1996, generally provides
• does not impose an information that before a rule may take effect, the ■ 1. The authority citation for part 52
collection burden under the provisions agency promulgating the rule must continues to read as follows:
of the Paperwork Reduction Act (44 submit a rule report, which includes a
copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
U.S.C. 3501 et seq.);
• is certified as not having a Congress and to the Comptroller General Subpart V—Maryland
significant economic impact on a of the United States. EPA will submit a
substantial number of small entities report containing this action and other ■ 2. In § 52.1070, the table in paragraph
under the Regulatory Flexibility Act (5 required information to the U.S. Senate, (e) is amended by adding the entry
U.S.C. 601 et seq.); the U.S. House of Representatives, and ‘‘2011 Base Year Inventory for the 2008
• does not contain any unfunded the Comptroller General of the United 8-Hour Ozone National Ambient Air
mandate or significantly or uniquely States prior to publication of the rule in Quality Standard’’ at the end of the table
affect small governments, as described the Federal Register. A major rule to read as follows:
in the Unfunded Mandates Reform Act cannot take effect until 60 days after it
of 1995 (Pub. L. 104–4); is published in the Federal Register. § 52.1070 Identification of plan.
• does not have federalism This action is not a ‘‘major rule’’ as * * * * *
implications as specified in Executive defined by 5 U.S.C. 804(2). (e) * * *
State submittal Additional
Name of non-regulatory SIP revision Applicable geographic area EPA approval date
date explanation
* * * * * * *
2011 Base Year Emissions Inventory for Maryland portion of the Philadelphia-Wil- 01/19/2017 03/01/2018, [Insert § 52.1075(q).
amozie on DSK30RV082PROD with RULES
the 2008 8-Hour Ozone National Ambi- mington-Atlantic City, PA-NJ-DE-MD Federal Register
ent Air Quality Standard. 2008 ozone nonattainment area. citation].
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![8756 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Rules and Regulations
[FR Doc. 2018–04184 Filed 2–28–18; 8:45 am] e.g., Confidential Business Information VOC and NOX MVEBs for the Metro East
BILLING CODE 6560–50–P or other information whose disclosure is portion of the St. Louis area that are
restricted by statute. Certain other adequate and supported by IEPA’s
material, such as copyrighted material, maintenance demonstration.
ENVIRONMENTAL PROTECTION is not placed on the internet and will be
AGENCY II. What comments did we receive on
publicly available only in hard copy the proposed rule?
form. Publicly available docket
40 CFR Parts 52 and 81 materials are available either through EPA provided a 30-day review and
[EPA–R05–OAR–2017–0277; FRL–9974– http://www.regulations.gov, or please comment period for the December 8,
86—Region 5] contact the person identified in the FOR 2017, proposed rule. The comment
FURTHER INFORMATION CONTACT section period ended on January 8, 2018. We
Air Plan Approval; Illinois; for additional availability information. received two comments, which were
Redesignation of the Illinois Portion of related to general concerns about
FOR FURTHER INFORMATION CONTACT:
the St. Louis-St. Charles-Farmington, wildfires and the EPA Administrator.
Kathleen D’Agostino, Environmental
Missouri-Illinois Area to Attainment of These comments are not specific to this
Scientist, Attainment Planning and
the 2008 Ozone Standard action and thus are not addressed here.
Maintenance Section, Air Programs
AGENCY: Environmental Protection Branch (AR–18J), Environmental III. What action is EPA taking?
Agency (EPA). Protection Agency, Region 5, 77 West No comments were submitted that
ACTION: Final rule. Jackson Boulevard, Chicago, Illinois change our assessment of the rule as
60604, (312) 886–1767, described in our proposed action.
SUMMARY: The Environmental Protection dagostino.kathleen@epa.gov. Therefore, EPA is determining that the
Agency (EPA) is taking final action to SUPPLEMENTARY INFORMATION: St. Louis nonattainment area is attaining
find that the St. Louis-St. Charles- Throughout this document whenever the 2008 ozone standard, based on
Farmington, Missouri-Illinois (MO-IL) ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean quality-assured and certified monitoring
area, ‘‘the St. Louis area,’’ is attaining EPA. data for 2014–2016, and that the Metro-
the 2008 ozone National Ambient Air East portion of this area has met the
Quality Standard (NAAQS or standard) I. What is being addressed in this
document? requirements for redesignation under
and is redesignating the Illinois portion section 107(d)(3)(E) of the CAA. EPA is
of the St. Louis area, ‘‘the Metro-East This rule takes action on the thus approving IEPA’s request to change
area,’’ to attainment for the 2008 ozone submission from IEPA, dated May 8, the legal designation of the Metro-East
NAAQS because the Metro-East area 2017, requesting redesignation of the portion of the St. Louis area from
meets the statutory requirements for Metro-East area to attainment for the nonattainment to attainment for the
redesignation under the Clean Air Act 2008 ozone standard. The background 2008 ozone standard. EPA is also
(CAA). The St. Louis area includes for this action is discussed in detail in approving, as a revision to the Illinois
Madison, Monroe and St. Clair Counties EPA’s proposal, dated December 8, 2017 SIP, the state’s maintenance plan for the
in Illinois (the Metro-East area), and (82 FR 57892). In that rulemaking, we area. The maintenance plan is designed
Franklin, Jefferson, St. Charles, and St. noted that, under EPA regulations at 40 to keep the St. Louis area in attainment
Louis Counties and the City of St. Louis CFR part 50, the 2008 ozone NAAQS is of the 2008 ozone NAAQS through
in Missouri. (EPA will address the attained in an area when the 3-year 2030. Finally, EPA finds adequate and
Missouri portion of the St. Louis area in average of the annual fourth highest is approving, as a SIP revision, the
a separate rulemaking action.) EPA is daily maximum 8-hour average newly-established 2030 MVEBs for the
also approving, as a revision to the concentration is equal to or less than Metro-East area.
Illinois State Implementation Plan (SIP), 0.075 parts per million, when truncated In accordance with 5 U.S.C. 553(d),
the State’s plan for maintaining the 2008 after the thousandth decimal place, at EPA finds there is good cause for these
ozone standard through 2030 in the St. all of the ozone monitoring sites in the actions to become effective immediately
Louis area. Finally, EPA finds adequate area. (See 40 CFR 50.15 and appendix upon publication. This is because a
and is approving, as a SIP revision, the P to 40 CFR part 50.) Under the CAA, delayed effective date is unnecessary
State’s 2030 volatile organic compound EPA may redesignate nonattainment due to the nature of a redesignation to
(VOC) and oxides of nitrogen (NOX) areas to attainment if sufficient attainment, which relieves the area from
Motor Vehicle Emission Budgets complete, quality-assured data are certain CAA requirements that would
(MVEBs) for the Metro-East area. The available to determine that the area has otherwise apply to it. The immediate
Illinois Environmental Protection attained the standard and if it meets the effective date for this action is
Agency (IEPA) submitted the SIP other CAA redesignation requirements authorized under both 5 U.S.C.
revision and request to redesignate the in section 107(d)(3)(E). The proposed 553(d)(1), which provides that
Metro-East area on May 8, 2017. EPA rule provides a detailed discussion of rulemaking actions may become
proposed this action on December 8, how Illinois has met these CAA effective less than 30 days after
2017 and received two public comments requirements. publication if the rule ‘‘grants or
in response that are not relevant to this As discussed in the December 8, 2017, recognizes an exemption or relieves a
action. proposal, quality-assured and certified restriction,’’ and section 553(d)(3),
DATES: This final rule is effective March monitoring data for 2014–2016 and which allows an effective date less than
1, 2018. preliminary data for 2017 show that the 30 days after publication ‘‘as otherwise
ADDRESSES: EPA has established a St. Louis area has attained and provided by the agency for good cause
amozie on DSK30RV082PROD with RULES
docket for this action under Docket ID continues to attain the 2008 ozone found and published with the rule.’’
No. EPA–R05–OAR–2017–0277. All standard. In the maintenance plan The purpose of the 30-day waiting
documents in the docket are listed in submitted for the area, Illinois has period prescribed in section 553(d) is to
the http://www.regulations.gov website. demonstrated that the ozone standard give affected parties a reasonable time to
Although listed in the index, some will be maintained in the area through adjust their behavior and prepare before
information is not publicly available, 2030. Finally, Illinois adopted 2030 the final rule takes effect. This rule,
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Document Created: 2018-02-28 23:57:51
Document Modified: 2018-02-28 23:57:51
| 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 April 2, 2018. | |
| Contact | Sara Calcinore, (215) 814-2043, or by email at [email protected] | |
| FR Citation | 83 FR 8752 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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