[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61513-61515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24645]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0140; FRL-9735-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The 2002 Base Year Emissions Inventory for the Washington DC-
MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
Maryland State Implementation Plan (SIP) revision submitted by the
State of Maryland, through the Maryland Department of the Environment
(MDE), on April 3, 2008. The emissions inventory is part of the April
3, 2008 SIP revision that was submitted to meet nonattainment
requirements related to Maryland's portion of the Washington DC-MD-VA
nonattainment area (hereafter referred to as Maryland Area or Area) for
the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS)
SIP. EPA is approving the 2002 base year PM2.5 emissions
inventory in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 9, 2012.
[[Page 61514]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0140. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection 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
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 20, 2012 (77 FR 42686), EPA published a
notice of proposed rulemaking (NPR) for the State of Maryland. The NPR
proposed approval of the 2002 base year emissions inventory portion of
the Maryland SIP revision. The formal SIP revision (08-06) was
submitted by the State of Maryland on April 3, 2008.
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by MDE on April 3,
2008 includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic 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 base year
emissions inventory submitted by MDE. 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 Appendix B of the April 3, 2008 SIP
submittal and in the NPR. Specific requirements of the base year
inventory and the rationale for EPA's action are explained in the NPR
and will not be restated here. No public comments were received on the
NPR.
III. Final Action
EPA is approving the 2002 base year PM2.5 emissions
inventory as a revision to the Maryland SIP.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 10, 2012. 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 pertaining to the PM2.5 2002 base year
emissions inventory portion of the Maryland SIP 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, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 13, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 61515]]
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
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2. In Sec. 52.1070, the table in paragraph (e) is amended by adding at
the end of the table an entry for ``2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard'' to
read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
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State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
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* * * * * * *
2002 Base Year Emissions Inventory Maryland portion of 4/3/08 10/10/12 [Insert page Sec. 52.1075(l)
for the 1997 fine particulate the Washington DC-MD- number where the
matter (PM2.5) standard. VA 1997 PM2.5 document begins].
nonattainment area.
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3. In Sec. 52.1075, paragraph (l) is added to read as follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(l) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Maryland portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Maryland Department of Environment
on April 3, 2008. The 2002 base year emissions inventory includes
emissions estimates that cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic 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).
[FR Doc. 2012-24645 Filed 10-9-12; 8:45 am]
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