[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Proposed Rules]
[Pages 59156-59158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23698]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0154; FRL-9732-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The Washington County 2002 Base Year Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
State of Maryland State Implementation Plan (SIP) revision submitted by
the State of Maryland, through the Maryland Department of the
[[Page 59157]]
Environment (MDE), on June 6, 2008 for Washington County, Maryland. The
emissions inventory is part of Maryland's June 6, 2008 SIP revision
that was submitted to meet nonattainment requirements related to the
Washington County nonattainment area (hereafter referred to as
Washington County Area or Area) for Maryland's 1997 PM2.5
National Ambient Air Quality Standard (NAAQS) SIP. EPA is proposing to
approve the 2002 base year PM2.5 emissions inventory for
Washington County submitted by MDE in accordance with the requirements
of the Clean Air Act (CAA).
DATES: Written comments must be received on or before October 26, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0154 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2010-0154, Donna Mastro, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0154. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 18, 1997 (62 FR 38652), EPA promulgated the
1997 PM2.5 NAAQS, including an annual standard of 15.0
micrograms per cubic meter ([micro]g/m\3\) based on a 3-year average of
annual mean PM2.5 concentrations, and a 24-hour (or daily)
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations. EPA established the standards
based on significant evidence and numerous health studies demonstrating
that serious health effects are associated with exposures to
PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air-quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and, by January 2001, established a complete set of air-quality
data. On January 5, 2005, EPA published initial air-quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), which
became effective on April 5, 2005, based on air-quality monitoring data
for calendar years 2001-03.
On April 14, 2005, EPA promulgated a supplemental rule amending the
agency's initial designations (70 FR 19844), with the same effective
date (April 5, 2005) as that which was promulgated at 70 FR 944. As a
result of this supplemental rule, PM2.5 nonattainment
designations are in effect for 39 areas, comprising 208 counties within
20 states (and the District of Columbia) nationwide, with a combined
population of approximately 88 million. The Washington County Area
which is the subject of this rulemaking was included in the list of
areas not attaining the 1997 PM2.5 NAAQS.
On June 6, 2008, the State of Maryland submitted a revision to the
Maryland SIP (08-05) to meet nonattainment requirements for
the Washington County Area. On November 20, 2009 (74 FR 60199), EPA
determined that Maryland had attained the 1997 PM2.5 NAAQS
in the Washington County Area. That determination was based upon
quality assured, quality controlled and certified ambient air
monitoring data that showed the Area had monitored attainment of the
1997 PM2.5 NAAQS for the 2004-2006 monitoring period and
that continued to show attainment of the 1997 PM2.5 NAAQS
based on the 2005-2007 data. The November 20, 2009 determination
suspended the requirements for Maryland to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIP revisions related to attainment of the standard for so
long as the nonattainment area continues to meet the 1997
PM2.5 NAAQS. On February 29, 2012, MDE withdrew portions of
the June 6, 2008 Washington County, Maryland 1997 PM2.5 SIP
revisions including the attainment plan, analysis of reasonably
available control measures, attainment demonstration, contingency plans
and mobile source budgets. To meet the requirements of CAA section
172(c)(3), MDE did not request the withdrawal of the 2002 base year
emission inventory portion of the June 6, 2008 1997 PM2.5
SIP revision. Section 172(c)(3) of the CAA requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions.
[[Page 59158]]
II. Summary of SIP Revision
The 2002 base year emission inventory submitted by MDE on June 6,
2008 for Washington County, Maryland includes emissions estimates that
cover the general source categories of stationary point sources,
stationary nonpoint sources, nonroad mobile sources and onroad mobile
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2). EPA has reviewed the results,
procedures and methodologies for the 2002 base year emissions inventory
submitted by MDE for Washington County, Maryland. The year 2002 was
selected by MDE as the base year for the emissions inventory per 40 CFR
51.1008(b). A discussion of the emissions inventory development as well
as the emissions inventory can be found in the June 6, 2008 SIP
submittal.
The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, area, nonroad mobile and on-road mobile). The
2002 emissions inventory was based on data developed by MDE. The data
were developed according to current EPA emissions inventory guidance,
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter NAAQS and Regional Haze Regulations,'' August 2005.
EPA agrees that the process used to develop this emissions inventory is
adequate to meet the requirements of CAA section 172(c)(3), the
implementing regulations, and EPA guidance for emission inventories.
More information regarding the review of the base year inventory can be
found in the technical support document (TSD) that is located in this
docket.
III. Proposed Action
EPA is proposing to approve the 2002 base year emissions inventory
portion of the SIP revision submitted by Maryland through MDE on June
6, 2008 for Washington County, Maryland. We have made the determination
that this action is consistent with section 110 of the CAA. EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
IV. Statutory and Executive Order Reviews
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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 proposed rule, pertaining to the PM2.5
2002 base year emissions inventory portion of the Washington County,
Maryland June 6, 2008 SIP submittal, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 30, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-23698 Filed 9-25-12; 8:45 am]
BILLING CODE 6560-50-P