[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Rules and Regulations]
[Pages 39365-39369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16992]
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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.
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[[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\
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\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.
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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
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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.
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\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.
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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\
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\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.
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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).
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\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.
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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
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(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
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Name of non- regulatory SIP Applicable State
revision geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
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.
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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
NOX.
[FR Doc. 2018-16992 Filed 8-8-18; 8:45 am]
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