Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Redesignation of Kent and Queen Anne's Counties Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan
[Federal Register: August 2, 2004 (Volume 69, Number 147)]
[Proposed Rules]
[Page 46124-46128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au04-19]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[MD160-3107; FRL-7795-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Redesignation of Kent and Queen Anne's Counties Ozone
Nonattainment Area to Attainment and Approval of the Area's Maintenance
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a redesignation request and a
State Implementation Plan (SIP) submitted by the State of Maryland. The
SIP revision establishes a maintenance plan for Kent and Queen Anne's
Counties that provides requirements for continued attainment of the
one-hour ozone National Ambient Air Quality Standard (NAAQS) for the
next 10 years.
DATES: Written comments must be received on or before September 1,
2004.
ADDRESSES: Submit your comments, identified by MD160-3107 by one of the
following methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
B. E-mail: morris.makeba@epa.gov.
C. Mail: Makeba Morris, Chief, Air Quality Planning Branch,
Mailcode 3AP21, 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. MD160-3107.
EPA's policy is that all comments received will be included in the
public docket without change, 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 regulations.gov or e-
mail. The Federal 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 e-mail comment directly to EPA without going through
regulations.gov, your e-mail 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
[[Page 46125]]
encryption, and be free of any defects or viruses.
Copies of the documents relevant to this action are available 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; the Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland
Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, Maryland, 21230.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: On February 9, 2004, the Maryland Department
of the Environment (MDE) formally submitted a redesignation request for
Kent and Queen Anne's Counties ozone nonattainment area to attainment
of the one-hour NAAQS for ozone. At the same time, Maryland submitted a
maintenance plan for Kent and Queen Anne's Counties as a SIP revision,
to assure continued attainment over the next 10 years.
I. Background
Kent and Queen Anne's Counties were designated as marginal ozone
nonattainment areas on November 6, 1991. Under section 107(d)(3)(E) of
the CAA, the following five criteria must be met for an ozone
nonattainment area to be redesignated to attainment:
1. The area must meet the ozone NAAQS;
2. The area must have a fully approved SIP under section 110(k);
3. The area must show improvement in air quality due to permanent
and enforceable reductions in emissions resulting from implementation
of the applicable implementation plan and applicable Federal air
pollutant control regulations and other permanent and enforceable
regulations;
4. The area must have a fully approved maintenance plan under
section 175A of the CAA; and
5. The area must meet all requirements applicable under section 110
and part D.
II. Summary of Maryland's Submittal
The following is a brief description of how the State of Maryland's
February 9, 2004 submittal fulfills the five requirements of section
107(d)(3)(E). EPA will discuss its evaluation of the maintenance plan
under its analysis of the redesignation request. A more detailed
description of the state submittal and EPA's evaluation are included in
a Technical Support Document (TSD) prepared in support of this
rulemaking action. A copy of the TSD is available, upon request, from
the EPA Regional Office listed in the ADDRESSES section of this
document.
A. Attainment of the Ozone NAAQS in Kent and Queen Anne's Counties
Section 181(b)(2)(A) of the CAA states that the EPA Administrator
shall determine whether the area has achieved the standard based on the
design value of that area. There is one ozone monitor that measures the
air quality in Kent and Queen Anne's Counties that is located in the
Millington Wildlife Management area near Massey in Kent County. The
ozone monitor is a regional scale monitor for the determination of
regional background concentrations of ozone. According to the Code of
Federal Regulations, 40 CFR part 50, appendix H, Kent and Queen Anne's
Counties have attained the ozone standard for the most recent three-
year period, 2001-2003. The State of Maryland's request for
redesignation for Kent and Queen Anne's Counties indicates that the
data was quality assured in accordance with 40 CFR part 58. MDE uses
regular precision checks, calibrations, and audits to ensure the
validity of the data. MDE also uses the Aerometric Information
Retrieval System (AIRS) as the permanent database to maintain its data
and quality assures the data transfers and content for accuracy.
B. Fully approved SIP Under Section 110(k) of the CAA
The State of Maryland SIP submittals fall into two general
categories: pre-amendment and post-amendment submittals. Pre-amendment
submittals consist of SIP modifications made to meet requirements in
existence prior to the enactment of the 1990 CAA amendments. These
submittals are fully approved as applicable to Kent and Queen Anne's
Counties. Post-amendment submittals made by MDE meet EPA criteria for
approval.
The following are post-amendment requirements delineated under
section 182(a) of the CAA for marginal areas and section 184(b) of the
CAA for areas included in the ozone transport region (OTR) for Kent and
Queen Anne's Counties:
1. A 1990 base year inventory;
2. A periodic inventory every three years after 1990 until
attainment;
3. Regulations designating any 50 tons per year (tpy) volatile
organic compounds (VOC) or 100 tpy for nitrogen oxides (NOX)
stationary source as a major source;
4. Regulations requiring stationary sources with potential to emit
above the major source threshold to undergo new source review (NSR)
requirements including 1.15 to 1 offsets;
5. Regulations requiring stationary sources that emit above 25 tpy
VOC or NOX to file a certified emissions statement annually;
6. Regulations requiring reasonably available control technology
(RACT) on VOC and NOX sources; and
7. The inclusion of Queen Anne's County in the Enhanced Inspection
and Maintenance (I/M) program because it is a part of a metropolitan
statistical area greater than 200,000 population in the OTR.
MDE has met these requirements for Kent and Queen Anne's Counties
through the development and implementation of the following regulations
and technical documents that have been submitted to EPA as SIP
submittals:
a. Expansion of RACT rules statewide (COMAR 26.11.19.02G);
b. Emissions certification requirements (COMAR 26.11.01.05-1);
c. New source review requirements (COMAR 26.11.17);
d. Enhanced I/M (COMAR 11.14.08--jointly adopted by MDE and Motor
Vehicle Administration); and
e. The 1990 base year inventory.
EPA approved the 1990 base year inventory for Kent and Queen Anne's
Counties along with inventories for other nonattainment areas on
September 27, 1996 (61 FR 50715). MDE has supplied the following
inventories to EPA through a combination of written and electronic
documentation: the 1993, 1996, and 1999 periodic inventories.
Additionally, Maryland exercised its option to voluntarily require
Federal reformulated gasoline in all ozone nonattainment areas,
including Kent and Queen Anne's Counties (COMAR 03.03.05.01--
Comptroller of the Treasury, Motor Fuel Inspection Regulation). The
State has approved the VOC and NOX RACT rules for sources in
Kent and Queen Anne's Counties.
C. Permanent and Enforceable Reductions
A number of permanent and enforceable measures have caused emission
reduction and lowered concentrations in Kent and Queen Anne's Counties.
These reductions are from all source sectors:
1. Federal Motor Vehicle Control Program (FMVCP) Tier 1 tailpipe
standards.
[[Page 46126]]
2. Maximum Reid Vapor pressure (RVP) of 7.8 psia for gasoline sold
in Maryland in 1992 and beyond.
3. Federal reformulated gasoline program.
4. Study of growth in mobile source emissions using HPMS module of
the PPSuites modeling software.
5. New emissions standards for non-road mobile sources: farm
equipment, lawn and garden equipment and recreational boats.
6. Additional Tier 3 standards for non-road mobile sources: (1)
Tiers 1, 2, and 3 compression-ignition standards for diesel engines
greater than 50 horsepower; (2) Tiers 1 and 2 compression-ignition
standards for diesel engines below 50 horsepower; (3) Phases 1 and 2 of
the spark-ignition standards for gasoline engines less than 25
horsepower; and (4) Recreational spark-ignition marine engines
controls.
7. Total emissions from area sources: (1) Tank truck unloading; (2)
degreasing; (3) architectural surface coatings; and (4) commercial and
consumer solvents.
8. Growth in point sources will be controlled through the new
source review requirements for offsets.
D. Maintenance Plan for Kent and Queen Anne's Counties
1. Maintenance Plan Requirements
A maintenance plan is a SIP revision that provides maintenance of
the relevant NAAQS in the area for at least 10 years after
redesignation. A maintenance plan consists of the following
requirements as outlined in section 175A of the CAA: (a) An attainment
inventory, (b) a maintenance demonstration, (c) a monitoring network,
(d) verification of continued attainment and (e) a contingency plan.
a. Attainment Inventory
Attainment inventory should include the emissions during the time
period associated with the monitoring data showing attainment. MDE
determined that the appropriate attainment inventory year is 2002. That
year establishes a reasonable year within the three-year period block
of 2001-2003 as a baseline and accounts for reductions attributable to
implementation of the CAA requirements to date. This inventory is based
on actual emissions for a typical peak ozone season days, which occur
during the months of June, July and August.
b. Maintenance Demonstration
MDE's calculations of future emissions of VOCs and NOX
from stationary and mobile sources demonstrate that future emissions
will not exceed the level of the attainment inventory (see Tables 1 and
2). Future emissions levels must continue to remain at or below
attainment levels for a period of 10 years after EPA redesignates the
nonattainment to attainment. MDE's planning horizon for the maintenance
plan is 2014.
Table 1.--Attainment Year and Projected VOC Emissions Inventories for
the Kent and Queen Anne's Counties
Nonattainment Area
--------------------------------------------------------------------------
2014 Projected VOC
Source Category 2002 VOC Emissions Emissions (Tons per
(Tons per day) day)
--------------------------------------------------------------------------
On-road Mobile................ 4.91 2.09
Non-road Mobile............... 5.91 6.59
Area.......................... 4.33 5.34
Point......................... 0.12 0.16
-----------------------------
Total..................... 15.27 14.18
--------------------------------------------------------------------------
Table 2.--Attainment Year and Projected NOX Emissions
Inventories for the Kent and Queen Anne's Counties
Nonattainment Area
--------------------------------------------------------------------------
2014 Projected NOX
Source Category 2002 NOX Emissions Emissions (Tons per
(Tons per day) day)
--------------------------------------------------------------------------
On-road Mobile....... 7.7 2.92
Non-road Mobile...... 3.22 4.15
Area................. 1.46 1.75
Point................ 0.07 0.09
-------------------------------
Total............ 12.45 8.91
--------------------------------------------------------------------------
c. Monitoring Network
MDE will continue to operate the current air quality monitor in
Millington in accordance with 40 CFR part 58.
d. Verification of Continued Attainment
Section 187(a)(5) of the CAA requires periodic inventories every
three years for ozone nonattainment areas. These inventories will be
statewide because Maryland is a part of the Northeast Ozone Transport
Region. Maryland expects to compile a VOC and NOX inventory
for Kent and Queen Anne's Counties every three years. MDE will be able
to consult these inventories to make sure that the emissions levels
remain at or below attainment inventory levels. In addition, MDE will
compare actual inventories to projected emissions levels. If there are
significant differences between actual and projected growth, then MDE
will examine its projected methods. If warranted, MDE will revise its
methods and again compare inventories. If these inventories, actual or
projected, reveal that emissions actually exceed the attainment
inventory, then MDE will consider implementing contingency measures.
e. Contingency Measures
According to the CAA, states that wish to redesignate nonattainment
areas to attainment must include in their submittal to EPA, contingency
measures which will automatically take effect should violations of the
NAAQS occur in the former nonattainment area. Contingency plan measures
to be considered for implementation for Kent
[[Page 46127]]
and Queen Anne's Counties include three VOC model rules as additional
measures that are currently adopted in Maryland. The rules are part of
a Memorandum of Understanding (MOU) and resolutions signed on March 28,
2001 by the states participating in the Ozone Transport Commission
(OTC). The rules have the potential to reduce emissions from consumer
products, portable fuel containers, and Architectural and Industrial
Maintenance (AIM) coatings.
2. Requirement for Continued Maintenance
Section 175A(b) of the CAA will also require Kent and Queen Anne's
Counties to submit a revision of the SIP eight years after the original
redesignation request is approved to provide for maintenance of the
NAAQS for an additional 10 years following the first 10-year period.
E. Section 110 and Part D Requirements
1. Section 110 Requirements
Section 110(a)(2) of the CAA contains general requirements for
nonattainment plans. Most of the provisions of this section are the
same as those contained in the pre-amended CAA. The State of Maryland
has fulfilled all pre-amendment CAA requirements pertaining to Kent and
Queen Anne's Counties and the two nonattainment areas of Baltimore and
Washington.
2. Part D Requirements
Under part D, an area's classification determines the requirements
to which it is subject. Kent and Queen Anne's Counties was classified
as marginal ozone nonattainment.
Part D subpart 2, entitled ``Additional Provisions for Ozone
Nonattainment Areas,'' requires that marginal nonattinment areas, which
have design values between 120-140 ppb, achieve attainment by November
23, 1993. However, a one-year extension of the deadline can be granted
under certain conditions (section 181(a)(5)). Kent and Queen Anne's
Counties attained the standards by the fall of 1994.
Section 182(a)(1) under part D requires the development of a
``comprehensive, accurate, and current inventory of actual emissions
from all sources, and a permit program for new and modified major
stationary sources.'' MDE submitted its 1990 base year emissions
inventory on September 30, 1993 for Kent and Queen Anne's Counties and
was approved by EPA on September 27, 1996 (61 FR 50715). The last
inventory update was the 1999 periodic inventory. In addition, MDE has
a fully implemented new source review program on February 12, 2001 (66
FR 9766).
Conformity Process
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirements to determine conformity applies to transportation plans,
programs and projects developed, funded or approved. Section 176
further provides that state conformity revisions must be consistent
with the Federal conformity regulations that the CAA required EPA to
promulgate. Although Federal conformity rule changes are still pending,
EPA believes that it is reasonable to interpret conformity requirements
as not applying for purposes of evaluating a redesignation request
under section 107(d) so that EPA may approve an ozone redesignation
request notwithstanding the lack of a fully approved conformity SIP.
The rationale for this is based on a combination of two factors. First,
Federal conformity rules require performance of conformity analyses
even in the absence of Federally approved states rules. Second,
conformity provisions of the CAA continue to apply after redesignation
because areas are subject to a maintenance plan which requires
compliance with mobile budgets. Therefore, because areas are subject to
the conformity requirements regardless of whether they are redesignated
to attainment and must implement conformity under Federal rules if
state rules are not approved, EPA believes it is reasonable to view
these requirements as not applying for purposes of evaluating a
redesignation request.
Kent and Queen Anne's Counties are not members of any metropolitan
planning organization (MPO). Currently, the Maryland Department of
Transportation (MDOT) acts on behalf of the counties to include
projects in the two counties in the State Transportation Improvement
Program (STIP). Under 40 CFR 51.448 as part of the SIP process, this
maintenance plan will establish an emission budget to be used for
transportation conformity purposes. This motor vehicle emissions budget
(MVEB) establishes a cap on emissions that cannot be exceeded by
predicted highway and transit vehicle emissions. For the period from
2002 until 2014, the MVEB for Kent and Queen Anne's Counties combined
is 4.91 tpd VOC and 2.92 tpd NOX. Some projects may help to
reduce mobile source ozone precursor emissions by leading to fewer
vehicle trips in Kent and Queen Anne's Counties. These types of
projects include increased commuter bus service and additional park and
ride lot spaces.
III. Proposed Action
EPA is proposing to approve the State of Maryland's February 9,
2004 request for Kent and Queen's Counties ozone nonattainment area to
attainment of the one-hour NAAQS for ozone because the requirements for
approval have been satisfied. EPA is also proposing to approve the
associated maintenance plan for this area submitted by Maryland, as
required under section 175A of the CAA, as a revision to the Maryland
SIP, which was submitted on February 9, 2004. 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pup. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or
[[Page 46128]]
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely proposes to approve a state
rule implementing a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because
it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings' issued under the executive order.
This rule proposing to approve the redesignation of Kent and Queen
Anne's Counties ozone nonattainment area to attainment and to approve
the associated maintenance plan, does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 26, 2004.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-17499 Filed 7-30-04; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090510205843im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}