Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Modifications to the Attainment Plans for the Baltimore Area
and Cecil County Portion of the Philadelphia Area To Revise the Mobile
Budgets Using MOBILE6
[Federal Register: October 27, 2003 (Volume 68, Number 207)]
[Rules and Regulations]
[Page 61103-61105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc03-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD146-3103; FRL-7578-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Modifications to the Attainment Plans for the Baltimore Area
and Cecil County Portion of the Philadelphia Area To Revise the Mobile
Budgets Using MOBILE6
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions to
revise the mobile budgets in the one-hour ozone attainment
demonstration plans for the Baltimore nonattainment area (the Baltimore
area) and the Cecil County portion of the Philadelphia-Wilmington-
Trenton nonattainment area (the Philadelphia area) . These revisions
were submitted by the Maryland Department of the Environment on
September 2, 2003. The intended effect of this action is to approve
these SIP revisions as meeting the requirements of the Clean Air Act.
EFFECTIVE DATE: This final rule is effective on November 26, 2003.
ADDRESSES: 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; and at the Maryland
Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at Kotsch.Martin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 9, 2003 (68 FR 40861), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. The NPR proposed approval
of revised mobile emission inventories and 2005 motor vehicle emissions
budgets which have been developed using MOBILE6, an updated model for
calculating mobile emissions of ozone precursors. These inventories and
associated motor vehicle emissions budgets are part of the one-hour
ozone attainment plans approved for the Metropolitan Baltimore
nonattainment area (the Baltimore area) and the Cecil County portion of
the Philadelphia-Wilmington-Trenton nonattainment area (the
Philadelphia area). The intended effect of this action is to approve
SIP revisions that will better enable the State of Maryland to continue
to plan for attainment of the one-hour national ambient air quality
standard (NAAQS) for ozone in the Baltimore area and the Cecil County
portion of the Philadelphia area. This action is being taken under the
Clean Air Act.
These SIP revisions were proposed under a procedure called parallel
processing, whereby EPA proposes a rulemaking action concurrently with
a state's procedures for amending its SIP. The state's proposed SIP
revisions were submitted to EPA on May 28, 2003 by the Maryland
Department of the Environment (MDE). On July 9, 2003 (68 FR 40861), EPA
proposed approval of Maryland's May 28, 2003 submittal. No comments
were received during the public comment period on EPA's July 9, 2004
proposal. The MDE formally submitted the final SIP revision on
September 2, 2003. That final submittal had no substantial changes from
the proposed version submitted on May 28, 2003. A detailed description
of Maryland's submittal and EPA's rationale for its proposed approval
were presented in the July 9, 2003 notice of proposed rulemaking and
will not be restated in its entirety here.
II. Summary of SIP Revisions
Maryland's September 2, 2003 SIP revisions contain revised 1990 and
2005 motor vehicle inventories and emissions budgets calculated using
the MOBILE6 motor vehicle emissions model. Consistent with EPA's
``Policy Guidance on the Use of MOBILE6 for SIP Development and
Transportation Conformity'' and ``Clarification of Policy Guidance for
MOBILE6 in Mid-course Review Areas'', regarding the use of MOBILE6 in
SIP development, the MDE's submittal included relative reduction
comparisons to show that the one-hour ozone attainment demonstration
plans for both the Baltimore and Philadelphia areas continue to
demonstrate attainment using revised MOBILE6 mobile vehicle emissions.
The MDE's methodology for the relative reduction comparison consisted
of comparing the new MOBILE6 vehicle emissions with those previously
approved using MOBILE5 for the Baltimore and the Philadelphia areas'
attainment plans (see October 30, 2001, 66 FR 54687) to determine if
attainment will still be predicted by the established attainment dates.
Specifically, the State calculated the relative reductions (expressed
as percent reductions) in ozone precursors between the 1990 base year
and attainment year inventories, both MOBILE5 based. These percent
reductions were then compared to the percent reductions between the
revised MOBILE6-based 1990 base year and attainment year inventories.
These relative reduction comparisons show that the one-hour ozone
attainment demonstration plans for both the Baltimore area and the
Philadelphia area continue to demonstrate attainment using revised
MOBILE6 mobile vehicle emissions.
III. Final Action
EPA is taking final action to approve Maryland's September 2, 2003
SIP revisions. These revisions amend the1990 and 2005 motor vehicle
emissions inventories and 2005 motor vehicle emissions budgets of the
attainment demonstration plans for the Baltimore area and the Cecil
County portion of the Philadelphia area using MOBILE6. In accordance
with the parallel processing procedures, EPA has evaluated Maryland's
final SIP revisions submitted on September 2, 2003 and finds that no
substantial changes were made from the proposed SIP revisions submitted
on May 28, 2003. Maryland has demonstrated that the revised one-hour
attainment demonstration plans for the Baltimore and the Philadelphia
areas continue to demonstrate attainment with the revised MOBILE6-based
inventories and budgets. The revised mobile inventories and emissions
budgets being approved for the two nonattainment areas are shown below
in Tables 1 and 2 respectively.
[[Page 61104]]
Table 1.--Maryland's Revised Motor Vehicle Emissions Inventories
----------------------------------------------------------------------------------------------------------------
1990 2005
Nonattainment area ---------------------------------------------------------------
VOC (tpd) NOX (tpd) VOC (tpd) NOX (tpd)
----------------------------------------------------------------------------------------------------------------
Baltimore....................................... 165.14 228.21 55.3 146.9
Cecil County.................................... 8.6 17.3 3.0 11.3
----------------------------------------------------------------------------------------------------------------
Table 2.--Maryland Motor Vehicle Emissions Budgets
------------------------------------------------------------------------
2005 Attainment
Nonattainment area -----------------------
VOC (tpd) NOX (tpd)
------------------------------------------------------------------------
Baltimore....................................... 55.3 146.9
Cecil County.................................... 3.0 11.3
------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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 (59 FR 22951, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or 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).
This action merely approves 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 rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (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. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule 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. This rule 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 26, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 to approve SIP revisions to the one-hour
ozone attainment demonstration plans for the Baltimore area and the
Cecil County portion of the Philadelphia area which revise the 1990 and
2005 motor vehicle emissions inventories and 2005 motor vehicle
emissions budgets using MOBILE6 may not be challenged later in
proceedings to enforce their requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: October 16, 2003.
Donald S. Welsh,
Regional Administrator, Region III.
? 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
? 2. Section 52.1076 is amended by revising paragraphs (h), (i), (k), and
(l), and adding paragraph (m) to read as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(h) EPA approves the attainment demonstration for the Philadelphia
area submitted as a revision to the State Implementation Plan by the
Maryland Department of the Environment on April 29, 1998, August 18,
1998,
[[Page 61105]]
December 21, 1999, December 28, 2000, August 31, 2001, and September 2,
2003 including its RACM analysis and determination. EPA is also
approving the revised enforceable commitments made to the attainment
plan for the Baltimore severe ozone nonattainment area which were
submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and
to perform a mid-course review by December 31, 2003.
(i) EPA approves the following mobile budgets of Maryland's
attainment plan for the Philadelphia area:
Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................... 2005 3.0 11.3
----------------------------------------------------------------------------------------------------------------
(1) [Reserved]
(2) Similarly, EPA is approving the 2005 attainment demonstration
and its current budgets because Maryland has provided an enforceable
commitment to submit new budgets as a SIP revision to the attainment
plan consistent with any new measures submitted to fill any shortfall,
if the new additional control measures affect on-road motor vehicle
emissions.
* * * * *
(k) EPA approves the attainment demonstration for the Baltimore
area submitted as a revision to the State Implementation Plan by the
Maryland Department of the Environment on April 29, 1998, August 18,
1998, December 21, 1999, December 28, 2000, August 20, 2001, and
September 2, 2003 including its RACM analysis and determination. EPA is
also approving the revised enforceable commitments made to the
attainment plan for the Baltimore severe ozone nonattainment area which
were submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and
to perform a mid-course review by December 31, 2003.
(l) EPA approves the following mobile budgets of the Baltimore area
attainment plan:
Transportation Conformity Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................... 2005 55.0 146.9
----------------------------------------------------------------------------------------------------------------
(1) [Reserved ]
(2) Similarly, EPA is approving the 2005 attainment demonstration
and its current budgets because Maryland has provided an enforceable
commitment to submit new budgets as a SIP revision to the attainment
plan consistent with any new measures submitted to fill any shortfall,
if the new additional control measures affect on-road motor vehicle
emissions.
(m) EPA approves the State of Maryland's revised 1990 and the 2005
VOC and NOX highway mobile emissions inventories and the
2005 motor vehicle emissions budgets for the one-hour ozone attainment
plans for the Baltimore severe ozone nonattainment area and the Cecil
County portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment area. These revisions were submitted by the Maryland
Department of the Environment on September 2, 2003. Submission of these
revised MOBILE6-based motor vehicle emissions inventories was a
requirement of EPA's approval of the attainment demonstration under
paragraphs (h) and (k) of this section.
[FR Doc. 03-26920 Filed 10-24-03; 8:45 am]
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