

[Federal Register: October 10, 2006 (Volume 71, Number 195)]
[Proposed Rules]               
[Page 59414-59425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc06-22]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2006-0353; FRL-8229-5]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Redesignation of the Kent and Queen Anne's 8-Hour Ozone 
Nonattainment Area to Attainment and Approval of the Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a redesignation request and a 
State Implementation Plan (SIP) revision for the Kent and Queen Anne's, 
MD (herein referred to as the ``Kent and Queen Anne's area'') area from 
nonattainment to attainment of the 8-hour ozone National Ambient Air 
Quality Standard (NAAQS). The Maryland Department of the Environment 
(MDE) is requesting that Kent and Queen Anne's County, Maryland (herein 
known as ``Kent and Queen Anne's area'') be redesignated as attainment 
for the 8-hour ozone NAAQS. The Kent and Queen Anne's-8-hour ozone 
nonattainment area is comprised of two counties (Kent and Queen Anne's 
Counties, Maryland). EPA is proposing to approve the ozone 
redesignation request for the Kent and Queen Anne's area. In 
conjunction with its redesignation request, the MDE submitted a SIP 
revision consisting of a maintenance plan for Kent and Queen Anne's 
that provides for continued attainment of the 8-hour ozone NAAQS for 
the next 12 years. EPA is proposing to make a determination that Kent 
and Queen Anne's has attained the 8-hour ozone NAAQS based upon three 
years of complete, quality-assured ambient air quality ozone monitoring 
data for 2003-2005. EPA's proposed approval of the 8-hour ozone 
redesignation request is based on its determination that Kent and Queen 
Anne's has met the criteria for redesignation to attainment specified 
in the Clean Air Act (CAA). EPA is

[[Page 59415]]

providing information on the status of its adequacy determination for 
the motor vehicle emission budgets (MVEBs) that are identified in the 
Kent and Queen Anne's maintenance plan for purposes of transportation 
conformity, and is also proposing to approve those MVEBs. EPA is 
proposing approval of the redesignation request and of the maintenance 
plan revision to the Maryland SIP in accordance with the requirements 
of the CAA.

DATES: Written comments must be received on or before November 9, 2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0353 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: EPA-R03-OAR-2006-0353, Makeba Morris, Chief, Air Quality 
Planning Branch,
    D. Mailcode 3AP21, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. 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-
2006-0353. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov website 

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 http://www.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 encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://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 http://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 
Environment, 1800 Washington Boulevard, Maryland, 21230.

FOR FURTHER INFORMATION CONTACT: Helene Drago, (215) 814-2156, or by e-
mail at drago.helene@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA.

Table of Contents

I. What Actions are EPA Proposing to Take?
II. What is the Background for These Proposed Actions?
III. What are the Criteria for Redesignation to Attainment?
IV. Why is EPA Taking These Actions?
V. What Would be the Effect of these Actions?
VI. What is EPA's Analysis of the State's Request?
VII. Are the Motor Vehicle Emissions Budgets Established and 
Identified in the Kent and Queen Anne's Maintenance Plan Adequate 
and Approvable?
VIII. Proposed Actions
IX. Statutory and Executive Order Reviews

I. What Actions are EPA Proposing to Take?

    On May 2 and 19, 2006, MDE formally submitted a request to 
redesignate Kent and Queen Anne's from nonattainment to attainment of 
the 8-hour NAAQS for ozone. On May 2, 2006, Maryland submitted a 
maintenance plan for Kent and Queen Anne's as a SIP revision, to ensure 
continued attainment over the next 12 years. Kent and Queen Anne's is 
currently designated as a marginal 8-hour ozone nonattainment area. EPA 
is proposing to determine that Kent and Queen Anne's has attained the 
8-hour ozone NAAQS and that it has met the requirements for 
redesignation pursuant to section 107(d)(3)(E) of the CAA. EPA is, 
therefore, proposing to approve the redesignation request to change the 
designation of Kent and Queen Anne's from nonattainment to attainment 
for the 8-hour ozone NAAQS. EPA is also proposing to approve the 
maintenance plan SIP revision for Kent and Queen Anne's, such approval 
being one of the CAA requirements for approval of a redesignation 
request. The maintenance plan is designed to ensure continued 
attainment throughout the Kent and Queen Anne's area for the next 12 
years. Additionally, EPA is announcing its action on the adequacy 
process for the MVEBs identified in the Kent and Queen Anne's 
maintenance plan, and proposing to approve the MVEBs identified for 
volatile organic compounds (VOC) and nitrogen oxides (NOX) 
for transportation conformity purposes. These MVEBs are State MVEBs for 
the Kent and Queen Anne's 8-hour ozone area. Concurrently, the State is 
requesting that EPA approve the maintenance plan as meeting the 
requirements of CAA 175A(b) with respect to the 1-hour ozone 
maintenance plan update.

II. What is the Background for These Proposed Actions?

A. General

    Ground-level ozone is not emitted directly by sources. Rather, 
emissions of NOX and VOC react in the presence of sunlight 
to form ground-level ozone. The air pollutants NOX and VOC 
are referred to as precursors of ozone. The CAA establishes a process 
for air quality management through the attainment and maintenance of 
the NAAQS.
    On July 18, 1997, EPA promulgated a revised 8-hour ozone standard 
of 0.08 parts per million (ppm). This new standard is more stringent 
than the previous 1-hour ozone standard. EPA designated, as 
nonattainment, any area violating the 8-hour ozone NAAQS based on the 
air quality data for the three years of 2001-2003. These were the most 
recent three years of data at the time EPA designated 8-hour areas. The 
Kent and Queen Anne's area was designated as marginal 8-hour ozone 
nonattainment status in a Federal Register notice signed on September 
15, 2004 and published on September 22, 2004 (69 FR 56697). On October 
21, 2004 (69 FR 61766), EPA approved a redesignation request and 
maintanence plan for Kent and Queen Anne's for the 1-hour ozone NAAQS. 
On June 15, 2005

[[Page 59416]]

(69 FR 23951, 23996), the 1-hour ozone NAAQS was revoked in the Kent 
and Queen Anne's area (as well as most other areas of the country). See 
40 CFR 50.9(b); 69 FR 23996 (April 30, 2004); and see 70 FR 44470 
(August 3, 2005).
    The CAA, Title I, Part D, contains two sets of provisions--subpart 
1 and subpart 2-that address planning and control requirements for 
nonattainment areas. Subpart 1 (which EPA refers to as ``basic'' 
nonattainment) contains general, less prescriptive requirements for 
nonattainment areas for any pollutant--including ozone--governed by a 
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment) 
provides more specific requirements for ozone nonattainment areas. Some 
8-hour ozone nonattainment areas are subject only to the provisions of 
subpart 1. Other areas are also subject to the provisions of subpart 2. 
Under EPA's 8-hour ozone implementation rule, signed on April 15, 2004, 
an area was classified under subpart 2 based on its 8-hour ozone design 
value (i.e., the 3-year average annual fourth-highest daily maximum 8-
hour average ozone concentration), if it had a 1-hour design value at 
or above 0.121 ppm (the lowest 1-hour design value in the CAA for 
subpart 2 requirements). All other areas are covered under subpart 1, 
based upon their 8-hour design values. In 2004, the Kent and Queen 
Anne's area was classifed a marginal 8-hour ozone nonattainment area 
based upon air quality monitoring data from 2001-2003, and is subject 
to the requirements of subpart 2.
    Under 40 CFR part 50, the 8-hour ozone standard is attained when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ambient air quality ozone concentrations is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). See 69 FR 
23857 (April 30, 2004) for further information. Ambient air quality 
monitoring data for the 3-year period must meet data completeness 
requirements. The data completeness requirements are met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in Appendix I of 40 CFR part 50. The ozone 
monitoring data indicates that the Kent and Queen Anne's area has a 
design value of 0.082 ppm for the 3-year period of 2003-2005, using 
complete, quality assured data. Therefore, the ambient ozone data for 
the Kent and Queen Anne's area indicates no violations of the 8-hour 
ozone standard. Final monitoring data for 2005 indicates continued 
attainment of the 8-hour ozone standard in the Kent and Queen Anne's 
area.

B. The Kent and Queen Anne's Area

    The Kent and Queen Anne's area consists of Kent and Queen Anne's 
Counties, Maryland. Prior to its designation as an 8-hour ozone 
nonattainment area, the Kent and Queen Anne's area was a maintenance 
area for the 1-hour ozone nonattainment NAAQS.
    On May 2 and 19, 2006, the MDE requested that the Kent and Queen 
Anne's area be redesignated to attainment for the 8-hour ozone 
standard. The redesignation request referenced 3 years of complete, 
quality-assured data for the period of 2003-2005, indicating that the 
8-hour NAAQS for ozone had been achieved in Kent and Queen Anne's. The 
data satisfies the CAA requirements when the 3-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentration 
(commonly referred to as the area's design value) is less than or equal 
to 0.08 ppm (i.e., 0.084 ppm when rounding is considered). Under the 
CAA, a nonattainment area may be redesignated if sufficient complete, 
quality-assured data is available to determine that the area has 
attained the standard and the area meets the other CAA redesignation 
requirements set forth in section 107(d)(3)(E).

III. What are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA, 
allows for redesignation, providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and
    (5) The State containing such area has met all requirements 
applicable to the area under section 110 and Part D.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:
     ``Ozone and Carbon Monoxide Design Value Calculations'', 
Memorandum from Bill Laxton, June 18, 1990;
     ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
     ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
     ``Procedures for Processing Requests to Redesignate Areas 
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
     ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (Act) Deadlines,'' Memorandum from John 
Calcagni Director, Air Quality Management Division, October 28, 1992;
     ``Technical Support Documents (TSD's) for Redesignation 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from 
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 
1993;
     ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On 
or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
     Memorandum from D. Kent Berry, Acting Director, Air 
Quality Management Division, to Air Division Directors, Regions 1-10, 
``Use of Actual Emissions in Maintenance Demonstrations for Ozone and 
CO Nonattainment Areas,'' dated November 30, 1993;
     ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
     ``Reasonable Further Progress, Attainment Demonstration, 
and Related Requirements for Ozone Nonattainment Areas Meeting the 
Ozone National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz,

[[Page 59417]]

Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. Why is EPA Taking These Actions?

    On May 2 and 19, 2006, the MDE requested redesignation of the Kent 
and Queen Anne's area to attainment for the 8-hour ozone standard. On 
May 2, 2006, the MDE submitted a maintenance plan for the Kent and 
Queen Anne's area as a SIP revision, to assure continued attainment of 
the 8-hour ozone NAAQS over the next 12 years, until 2018. 
Concurrently, Maryland is requesting that EPA approve a revision to the 
1-hour ozone maintenance plan as required under CAA 175A(b). EPA is 
proposing to approve the maintenance plan to fulfill the requirement of 
section 175A(b) for submission of a maintenance plan update eight years 
after Kent and Queen Anne's was redesignated to attainment of the 1-
hour ozone NAAQS. EPA believes that such an update must ensure that the 
maintenance plan in the SIP provides maintenance of the NAAQS for a 
period of 20 years after an area is initially redesignated to 
attainment. EPA can propose approval because the maintenance plan, 
which demonstrates maintenance of the 8-hour ozone NAAQS through 2018, 
also demonstrates maintenance of the 1-hour ozone NAAQS through 2018, 
even though the latter standard is no longer in effect. Kent and Queen 
Anne's was redesignated to attainment of the 1-hour ozone NAAQS on 
October 21, 2004 (69 FR 61766), and, the initial 1-hour ozone 
maintenance plan provided for maintenance through the end of the 
maintanence period. Section 51.905(e) of the ``Final Rule To Implement 
the 8-Hour Requirements--Phase 1'' April 30, 2004 (69 FR 23999) 
specifies the conditions that must be satisfied before EPA may approve 
a modification to a 1-hour maintenance plan which: (1) Removes the 
obligation to submit a maintenance plan for the 1-hour ozone NAAQS 
eight years after approval of the initial 1-hour maintenance plan and/
or (2) removes the obligation to implement contingency measures upon a 
violation of the 1-hour NAAQS. EPA believes that section 51.905(e) of 
the final rule allows a State to make either one or both of these 
modifications to a 1-hour maintenance plan SIP once EPA approves a 
maintenance plan for the 8-hour NAAQS. The maintenance plan will not 
trigger the contingency plan upon a violation of the 1-hour ozone 
NAAQS, but upon a violation of the 8-hour ozone NAAQS. EPA believes 
that the 8-hour standard is now the proper standard which should 
trigger the contingency plan now that the 1-hour NAAQS has been revoked 
and now that approval of the maintenance plan would allow the State to 
remove a violation of the 1-hour NAAQS obligation from the SIP. EPA has 
determined that the Kent and Queen Anne's area has attained the 
standard and has met the requirements for redesignation set forth in 
section 107(d)(3)(E).

V. What Would be the Effect of These Actions?

    Approval of the redesignation request would change the designation 
of Kent and Queen Anne's from nonattainment to attainment for the 8-
hour ozone NAAQS found at 40 CFR part 81. It would also incorporate 
into the Maryland SIP a maintenance plan ensuring continued attainment 
of the 8-hour ozone NAAQS in Kent and Queen Anne's for the next 12 
years, until 2018. The maintenance plan includes contingency measures 
to remedy any future violations of the 8-hour NAAQS (should they 
occur), and identifies the MVEBs for NOX and VOC for 
transportation conformity purposes for the years 2009 and 2018. These 
MVEBs are displayed in the following table:

     Table 1.--Motor Vehicle Emissions Budgets in Tons per Day (tpd)
------------------------------------------------------------------------
                          Year                              NOX     VOC
------------------------------------------------------------------------
2009....................................................    5.11    2.72
2018....................................................    2.38    1.62
------------------------------------------------------------------------

VI. What is EPA's Analysis of the State's Request?

    EPA is proposing to determine that the Kent and Queen Anne's area 
has attained the 8-hour ozone standard and that all other redesignation 
criteria have been met. The following is a description of how the MDE's 
May 2 and 19, 2006 submittals satisfy the requirements of section 
107(d)(3)(E) of the CAA.

A. The Kent and Queen Anne's Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the Kent and Queen Anne's area 
has attained the 8-hour ozone NAAQS. For ozone, an area may be 
considered to be attaining the 8-hour ozone NAAQS if there are no 
violations, as determined in accordance with 40 CFR 50.10 and Appendix 
I of part 50, based on three complete, consecutive calendar years of 
quality-assured air quality monitoring data. To attain this standard, 
the 3-year average of the fourth-highest daily maximum 8-hour average 
ozone concentrations measured at each monitor, within the area, over 
each year must not exceed the ozone standard of 0.08 ppm. Based on the 
rounding convention described in 40 CFR part 50, Appendix I, the 
standard is attained if the design value is 0.084 ppm or below. The 
data must be collected and quality-assured in accordance with 40 CFR 
part 58, and recorded in the Air Quality Subsystem (AQS). The monitors 
generally should have remained at the same location for the duration of 
the monitoring period required for demonstrating attainment.
    In the Kent and Queen Anne's area there is one ozone monitor, 
located in Kent County, that measures air quality with respect to 
ozone. As part of its redesignation request, Maryland referenced ozone 
monitoring data for the years 2003-2005 for the Kent and Queen Anne's 
area. This data has been quality assured and is recorded in AIRS. The 
fourth high 8-hour daily maximum concentrations, along with the three-
year averages, are summarized in Table 2.

   Table 2.--Kent and Queen Anne's Counties Nonattainment Area Fourth
            Highest 8-hour Average Values; Millington Monitor
------------------------------------------------------------------------
                                                        Annual 4th high
                         Year                            reading (ppm)
------------------------------------------------------------------------
2003.................................................              0.086
2004.................................................              0.078
2005.................................................              0.084
------------------------------------------------------------------------
    The average for the 3-year period 2003 through 2005 is 0.082 ppm.
------------------------------------------------------------------------

    The air quality data for 2003-2005 show that the entire Kent and 
Queen Anne's area has attained the standard with a design value of 
0.082 ppm. The data collected at the Kent and Queen Anne's area 
monitors satisfy the CAA requirement that the 3-year average of the 
annual fourth-highest daily maximum 8-hour average ozone concentration 
is less than or equal to 0.08 ppm. The MDE's request for redesignation 
for Kent and Queen Anne's indicates that the data is complete and was 
quality assured in accordance with 40 CFR part 58. The MDE uses AQS as 
the permanent database to maintain its data and quality assures the 
data transfers and content for accuracy. In addition, as discussed 
below with respect to the maintenance plan, MDE has committed to 
continue monitoring in accordance with 40 CFR part 58. In summary, EPA 
has determined that the data referenced by Maryland and data taken from 
AQS indicates that the Kent and Queen Anne's area has attained the 8-
hour ozone NAAQS.

[[Page 59418]]

B. The Kent and Queen Anne's Area Has Met All Applicable Requirements 
Under Section 110 and Part D of the CAA and Has a Fully Approved SIP 
Under Section 110(k) of the CAA

    EPA has determined that the Kent and Queen Anne's area has met all 
SIP requirements applicable for purposes of this redesignation under 
section 110 of the CAA (General SIP Requirements) and that it meets all 
applicable SIP requirements under Part D of Title I of the CAA, in 
accordance with section 107(d)(3)(E)(v). In addition, EPA has 
determined that the SIP is fully approved with respect to all 
requirements applicable for purposes of redesignation in accordance 
with section 107(d)(3)(E)(ii). In making these proposed determinations, 
EPA ascertained what requirements are applicable to the Kent and Queen 
Anne's area, and determined that the applicable portions of the SIP 
meeting these requirements are fully approved under section 110(k) of 
the CAA. We note that SIPs must be fully approved only with respect to 
applicable requirements.
    The September 4, 1992 Calcagni memorandum (``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E) with respect to the timing of applicable requirements. 
Under this interpretation, to qualify for redesignation, States 
requesting redesignation to attainment must meet only the relevant CAA 
requirements that came due prior to the submittal of a complete 
redesignation request. See also Michael Shapiro memorandum, September 
17, 1993, and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor). Applicable requirements of the CAA that come due 
subsequent to the area's submittal of a complete redesignation request 
remain applicable until a redesignation is approved, but are not 
required as a prerequisite to redesignation. Section 175A(c) of the 
CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 
at 25424, 25427 (May 12, 2003) (redesignation of St. Louis).
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emissions limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
The general SIP elements and requirements set forth in section 
110(a)(2) include, but are not limited to, the following:
     Submittal of a SIP that has been adopted by the State 
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate 
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for 
the implementation of Part C requirement (Prevention of Significant 
Deterioration (PSD);
     Provisions for the implementation of Part D requirements 
for New Source Review (NSR) permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a State from significantly contributing to air 
quality problems in another State. To implement this provision, EPA has 
required certain States to establish programs to address transport of 
air pollutants in accordance with the NOX SIP Call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25162). However, the 
section 110(a)(2)(D) requirements for a State are not linked with a 
particular nonattainment area's designation and classification in that 
State. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classifications are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a State regardless of the designation of any one particular 
area in the State.
    Thus, we do not believe that these requirements should be construed 
to be applicable requirements for purposes of redesignation. In 
addition, EPA believes that the other section 110 elements not 
connected with nonattainment plan submissions and not linked with an 
area's attainment status are not applicable requirements for purposes 
of redesignation. Maryland will still be subject to these requirements 
after the Kent and Queen Anne's area is redesignated. The section 110 
and Part D requirements, which are linked with a particular area's 
designation and classification, are the relevant measures to evaluate 
in reviewing a redesignation request. This policy is consistent with 
EPA's existing policy on applicability of conformity (i.e., for 
redesignations) and oxygenated fuels requirement. See Reading, 
Pennsylvania, proposed and final rulemakings 61 FR 53174-53176 (October 
10, 1996), 62 FR 24826 (May 7, 1997); Cleveland-Akron-Lorain, Ohio, 
final rulemaking 61 FR 20458 (May 7, 1996); and Tampa, Florida, final 
rulemaking 60 FR 62748 (December 7, 1995). See also the discussion on 
this issue in the Cincinnati redesignation 65 FR 37890 (June 19, 2000), 
and in the Pittsburgh redesignation 66 FR 53099 (October 19, 2001). 
Similarly, with respect to the NOX SIP Call rules, EPA noted 
in its Phase 1 Final Rule to Implement the 8-hour Ozone NAAQS, that the 
NOX SIP Call rules are not ``an `applicable requirement' for 
purposes of section 110(l) because the NOX rules apply 
regardless of an area's attainment or nonattainment status for the 8-
hour (or the 1-hour) NAAQS.'' 69 FR 23951, 23983 (April 30, 2004).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
Any section 110 requirements that are linked to the Part D requirements 
for 8-hour ozone nonattainment areas are not yet due, because, as we 
explain later in this notice, no Part D requirements applicable for 
purposes of redesignation under the 8-hour standard became due prior to 
submission of the redesignation request.
    Because the Maryland SIP satisfy all of the applicable general SIP 
elements and requirements set forth in section 110(a)(2), EPA concludes 
that Maryland has satisfied the criterion of section 107(d)(3)(E) 
regarding section 110 of the Act.
2. Part D Nonattainment Area Requirements Under the 8-Hour Standard
    The Kent and Queen Anne's area was designated a marginal 
nonattainment area for the 8-hour ozone standard. Sections 172-176 of 
the CAA, found in subpart 1 of Part D, set forth the basic 
nonattainment requirements for all nonattainment areas. As discussed 
previously, there are no outstanding Part D submittals under the 1-hour 
standard for this area.
    Section 182 of the CAA, found in subpart 2 of Part D, establishes 
additional specific requirements depending on the area's nonattainment 
classification. The Kent and Queen Anne's area is classified as a 
subpart 2 marginal nonattainment area

[[Page 59419]]

    With respect to the 8-hour standard, EPA proposes to determine that 
the Maryland SIP meets all applicable SIP requirements under Part D of 
the CAA, because no 8-hour ozone standard Part D requirements 
applicable for purposes of redesignation became due prior to submission 
of the area's redesignation request. Because the State submitted a 
complete redesignation request for Kent and Queen Anne's prior to the 
deadline for any submissions required under the 8-hour standard, we 
have determined that the Part D requirements do not apply to Kent and 
Queen Anne's for the purposes of redesignation.
    In addition to the fact that Part D requirements applicable for 
purposes of redesignation did not become due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
general conformity and NSR requirements as not requiring approval prior 
to redesignation.
    With respect to section 176, Conformity Requirements, 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 requirement to 
determine conformity applies to transportation plans, programs, and 
projects developed, funded or approved under Title 23 U.S.C. and the 
Federal Transit Act (``transportation conformity'') as well as to all 
other federally supported or funded projects (``general conformity''). 
State conformity revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that the CAA required the EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) since State conformity rules 
are still required after redesignation and Federal conformity rules 
apply where State rules have not been approved. See Wall v. EPA, 265 F. 
3d 426, 438-440 (6th Cir. 2001), upholding this interpretation. See 
also 60 FR 62748 (Dec. 7, 1995).
    EPA has also interpreted the section 184 Ozone Transport Region 
requirements, including the NSR program, as not being applicable for 
purposes of redesignation. The rationale for this is based on two 
factors. First, the requirement to submit SIP revisions for the section 
184 requirements continues to apply to areas in the OTR after 
redesignation to attainment. Therefore the State remains obligated to 
have NSR, as well as RACT and Vehicle Inspection and Maintenance 
programs even after redesignation. Second, the section 184 control 
measures are region-wide requirements and do not apply to the area by 
virtue of its designation and classification. See 61 FR 53174, 53175-
53176 (October 10, 1996) and 62 FR 24826, 24830-32 (May 7, 1997).
    EPA has also determined that areas being redesignated need not 
comply with the requirement that a NSR program be approved prior to 
redesignation, provided that the area demonstrates maintenance of the 
standard without Part D NSR in effect, because PSD requirements will 
apply after redesignation. The rationale for this view is described in 
a memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled, ``Part D NSR Requirements 
or Areas Requesting Redesignation to Attainment.'' Maryland has 
demonstrated that the area will be able to maintain the standard 
without Part D NSR in effect in Kent and Queen Anne's, and therefore, 
Maryland need not have a fully approved Part D NSR program prior to 
approval of the redesignation request. Maryland's SIP-approved PSD 
program will become effective in Kent and Queen Anne's upon 
redesignation to attainment. See rulemakings for Detroit, Michigan (60 
FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorrain, Ohio (61 FR 
20458, 20469-70, May 7, 1996); Louisville, Kentucky (66 FR 53665, 
October 23, 2001); Grand Rapids, Michigan (61 FR 31834-31837, June 21, 
1996).
3. Kent and Queen Anne's Has a Fully Approved SIP for the Purposes of 
Redesignation
    EPA has fully approved the Maryland SIP for the purposes of this 
redesignation. EPA may rely on prior SIP approvals in approving a 
redesignation request. Calcagni Memo, p. 3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F. 3d 984, 989-90 (6th Cir. 1998), Wall 
v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any additional measures it 
may approve in conjunction with a redesignation action. See 68 FR 25425 
(May 12, 2003) and citations therein. The Kent and Queen Anne's area 
was a 1-hour maintenance area at the time of its designation as a 
marginal 8-hour ozone nonattainment area on September 22, 2004. Because 
Kent and Queen Anne's was a 1-hour maintenance area, all previous Part 
D SIP submittal requirements were fulfilled at the time the area was 
redesignated to attainment of the 1-hour ozone NAAQS (69 FR 61766, 
October 21, 2004) or have been fulfilled with the submittal of the 8-
hour maintenance plan for the area. Because there are no outstanding 
SIP submission requirements applicable for the purposes of 
redesignation of Kent and Queen Anne's, the applicable implementation 
plan satisfies all pertinent SIP requirements. As indicated previously, 
EPA believes that the section 110 elements not connected with Part D 
nonattainment plan submissions and not linked to the area's 
nonattainment status are not applicable requirements for purposes of 
redesignation. EPA also believes that no 8-hour Part D requirements 
applicable for purposes of redesignation have yet become due for the 
Kent and Queen Anne's area, and therefore they need not be approved 
into the SIP prior to redesignation.
4. The Air Quality Improvement in the Kent and Queen Anne's Area Is Due 
to Permanent and Enforceable Reductions in Emissions Resulting from 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions
    EPA believes that the State has demonstrated that the observed air 
quality improvement in the Kent and Queen Anne's area is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the SIP, Federal measures, and other State-adopted 
measures. Emissions reductions attributable to these rules in Kent and 
Queen Anne's are shown in Table 3.

                          Table 3.--Total VOC and NOX Emissions for 2002 and 2005 (tpd)
----------------------------------------------------------------------------------------------------------------
                           Year                              Point      Area *    Nonroad     Mobile     Total
----------------------------------------------------------------------------------------------------------------
                                        Volatile Organic Compounds (VOC)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................       0.12       5.12       11.0       4.18       20.4
Year 2005................................................       0.12       5.31       10.0       3.15       18.6

[[Page 59420]]


Diff. (02-05)............................................        0.0      +0.19      -1.00      -1.03      -1.84
----------------------------------------------------------------------------------------------------------------
                                              Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Year 2002................................................       0.07       0.23       3.74       7.96       12.0
Year 2005................................................       0.07       0.25       3.77       6.57       10.7
Diff. (02-05)............................................        0.0      +0.02      +0.03      -1.39      -1.34
----------------------------------------------------------------------------------------------------------------

    Between 2002 and 2005, VOC emissions were reduced by 1.84 tpd, and 
NOX emissions were reduced by 1.34 tpd, due to the following 
permanent and enforceable measures implemented or in the process of 
being implemented in the Kent and Queen Anne's area.
    Nearly all of the reductions in VOC are attributable to mobile 
onroad and nonroad source emission controls and all of the reductions 
in NOX are attributable to the implementation of mobile 
source programs. Maryland noted a major portion of the decrease in 
ozone precursors was due to the Federal Motor Vehicle Control Program. 
Over a period of time, older, poorer performing on-road vehicles have 
been gradually replaced with newer vehicles that must meet increasingly 
stringent tailpipe standards.
    Other regulations, such as the non-road diesel, 69 FR 38958 (June 
29, 2004), the heavy duty engine and vehicle standards, 66 FR 5002 
(January 18, 2001) and the new Tier 2 tailpipe standards for 
automobiles, 65 FR 6698 (February 10, 2000), are also expected to 
greatly reduce emissions throughout the country and thereby reduce 
emissions impacting the Kent and Queen Anne's area monitor. The Tier 2 
standards came into effect in 2004, and by 2030, EPA expects that the 
new Tier 2 standards will reduce NOX emissions by about 74 
percent nationally. EPA believes that permanent and enforceable 
emissions reductions are the cause of the long-term improvement in 
ozone levels and are the cause of the area achieving attainment of the 
8-hour ozone standard.
    There is very little major point source activity in the Kent and 
Queen Anne's Counties area and thus point source emissions are very 
low. Growth in point sources will be controlled through the offset 
requirements under the PSD permitting program. Any major source that 
wishes to locate in Kent or Queen Anne's Counties will need to procure 
emissions offsets at a ratio of 1.15 to 1 for NOX and VOC. 
In addition to emission reductions in the Kent and Queen Anne's 
Counties, background concentrations of ozone in the area will decrease 
as a result of the many ozone precursor reduction strategies 
implemented in the Baltimore and Washington DC severe 8-hour ozone 
nonattainment areas. Long range transport of NOX will also 
be reduced the NOX SIP Call Rule and Clean Air Interstate 
Rule.
5. Kent and Queen Anne's has a Fully Approved Maintenance Plan Pursuant 
to Section 175A of the CAA
    In conjunction with its request to redesignate the Kent and Queen 
Anne's area to attainment status, Maryland submitted a SIP revision to 
provide for maintenance of the 8-hour ozone NAAQS in Kent and Queen 
Anne's for at least 12 years after redesignation. Maryland is 
requesting that EPA approve this SIP revision as meeting the 
requirement of CAA 175A(b) and replace the 1-hour ozone maintenance 
plan update requirement.
    Under 40 CFR 51.905(e), the EPA may approve a SIP revision 
requesting the removal of the obligation to implement contingency 
measures upon a violation of the 1-hour ozone NAAQS when the State 
submits and EPA approves an attainment demonstration for the 8-hour 
ozone NAAQS for an area initially designated nonattainment for the 8-
hour NAAQS or a maintenance SIP for the 8-hour NAAQS for an area 
initially designated attainment for the 8-hour NAAQS. The rationale 
behind 40 CFR 51.905(e) is to ensure that the Kent and Queen Anne's 
area maintains the applicable ozone standard (the 8-hour standard in 
areas where the 1-hour standard has been revoked). EPA believes this 
rationale analogously applies to areas that were not initially 
designated, but are redesignated as attainment with the 8-hour ozone 
NAAQS. Therefore, EPA intends to treat redesignated areas as though 
they had been initially designated attainment of the 8-hour ozone 
NAAQS, and accordingly proposes to relieve the Kent and Queen Anne's 
area of its maintenance plan obligations with respect to the 1-hour 
standard. Once approved, the maintenance plan for the 8-hour ozone 
NAAQS will ensure that the SIP for the Kent and Queen Anne's area meets 
the requirements of the CAA regarding maintenance of the applicable 8-
hour ozone standard.
What is required In a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after approval of a 
redesignation of an area to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 
next 10-year period following the initial 10-year period. To address 
the possibility of future NAAQS violations, the maintenance plan must 
contain such contingency measures, with a schedule for implementation, 
as EPA deems necessary to assure prompt correction of any future 8-hour 
ozone violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions:
    (a) An attainment emissions inventory;
    (b) A maintenance demonstration;
    (c) A monitoring network;
    (d) Verification of continued attainment; and
    (e) A contingency plan.
Analysis of the Kent and Queen Anne's Area Maintenance Plan
    (a) Attainment Inventory--the attainment inventory includes the 
emissions during the time period associated with the monitoring data 
showing attainment. MDE determined that the appropriate attainment 
inventory year is 2005. That year establishes a reasonable year within 
the three-year block of 2003-2005 as a baseline and accounts for 
reductions

[[Page 59421]]

attributable to implementation of the CAA requirements to date. The 
2005 inventory is consistent with EPA guidance, is based on actual 
``typical summer day'' emissions of VOC, NOX, and Carbon 
Monoxide (CO) during 2004, and consists of a list of sources and their 
associated emissions. To develop the NOX and VOC base year 
emissions inventories, MDE used the approaches outlined in the document 
titled ``Inventory Preparation Plan/ Quality Assurance Plan for 
Maryland.'' The 2005 point source data was ``grown'' using the 2002 
base year inventory. MDE projected the 2002 base year inventory using 
EPA's EGAS Model (version 5.0) for all inventory years. EGAS (version 
5.0) generates emission growth factors by sector. The 2005 area source 
data was projected using a variety of methods including the EGAS model 
(version 5.0) and forecasts prepared by the Baltimore Metropolitan 
Council. The nonroad inventory was developed using NONROAD model 
(version 2004). The on road mobile source inventory was generated using 
the HPMS module of the PPSuite software. MDE used MOBILE model (version 
6.2) to assess the mobile source emission levels in the counties and 
estimate the benefits gained from mobile control measures. This 
estimate assumes the following emissions control programs, which are or 
will be permanent and enforceable: Federal Motor Vehicle Control 
Program, the 1992 Reid Vapor Pressure Program, Tier 1 and 2 controls on 
new vehicles, Evaporative Emissions Control Program, Federal 
Reformulated Gasoline Program, Enhanced I/M Program in Queen Anne's 
County, Stage I Vapor Recovery, On Board Controls and National Low 
Emissions Vehicle (NLEV) Program, Federal HDDE rule and low sulfur 
fuels regulations.
    (b) Maintenance Demonstration--On May 2 and 19, 2006, MDE submitted 
a maintenance plan as required by section 175A of the CAA. The Kent and 
Queen Anne's plan shows maintenance of the 8-hour ozone NAAQS by 
demonstrating that current and future emissions of VOC and 
NOX remain at or below the attainment year 2005 emissions 
levels throughout Kent and Queen Anne's through the year 2018. The Kent 
and Queen Anne's maintenance demonstration need not be based on 
modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001); Sierra Club v. 
EPA, 375 F.3d 537 (7th Cir. 2004). See also 66 FR 53094, 53099-53100 
(October 19, 2001), 68 FR 25418, 25430-32 (May 12, 2003).
    Tables 4 and 5 specify the Kent and Queen Anne's VOC and 
NOX emissions for 2005, 2009, and 2018. The MDE chose 2009 
as an interim year in the 12-year maintenance demonstration period to 
demonstrate that the VOC and NOX emissions are not projected 
to increase above the 2005 attainment level during the time of the 12-
year maintenance period.

       Table 4.--Total VOC Emissions for 2005-2018 (tons per day)
------------------------------------------------------------------------
                                       2005 VOC    2009 VOC    2018 VOC
           Source category             emissions   emissions   emissions
------------------------------------------------------------------------
Mobile..............................        3.15        2.45        1.55
Nonroad.............................       10.00        8.25        5.96
Area................................        5.31        5.54        5.17
Point...............................        0.12        0.13        0.16
    Total...........................       18.58       16.37      12.84
------------------------------------------------------------------------
2018 VOC Safety Margin: 5.74 tpd.


         Table 5.--Total NOX Emissions 2005-2018 (tons per day)
------------------------------------------------------------------------
                                       2005 NOX    2009 NOX    2018 NOX
           Source category             emissions   emissions   emissions
------------------------------------------------------------------------
Mobile..............................        6.57        4.82        2.14
Nonroad.............................        3.77        3.66        3.03
Area................................        0.25        0.26        0.28
Point...............................        0.07        0.07        0.08
    Total...........................       10.66        8.81       5.53
------------------------------------------------------------------------
2018 NOX Safety Margin: 5.13 tpd.

    Additionally, the following mobile programs are either effective or 
due to become effective and will further contribute to the maintenance 
demonstration of the 8-hour ozone NAAQS:
     Heavy duty diesel on-road (2004/2007) and low-sulfur on-
road (2006); 66 FR 5002 (January 18, 2001); and
     Non-road emissions standards (2008) and off-road diesel 
fuel (2007/2010); 69 FR 39858 (June 29, 2004).
    Based upon the comparison of the projected emissions and the 
attainment year emissions along with the additional measures, EPA 
concludes that MDE has successfully demonstrated that the 8-hour ozone 
standard should be maintained in the Kent and Queen Anne's area.
    (c) Monitoring Network--There is currently one monitor, the 
Millington monitor, measuring ozone in the Kent and Queen Anne's area, 
which is located in Kent County. Maryland will continue to operate its 
current air quality monitor in accordance with 40 CFR part 58.
    (d) Verification of Continued Attainment--The State of Maryland has 
the legal authority to implement and enforce specified measures 
necessary to attain and maintain the NAAQS. Additionally, Federal 
programs such as Tier 2/Low Sulfur Gasoline Rule, 2007 On-Road Diesel 
Engine Rule, and Federal Non-road Engine/Equipment Rules will continue 
to be implemented on a national level. These programs help provide the 
reductions necessary for the Kent and Queen Anne's area to maintain 
attainment.
    In addition to maintaining the key elements of its regulatory 
program, Maryland requires ambient and source emissions data to track 
attainment and maintenance. The MDE proposes to fully update its point, 
area, and mobile emission inventories at 3-year intervals as required 
by the Consolidated Emissions Reporting Rule (CERR) and Section 
187(a)(5) of the CAA. MDE will compare actual inventories to projected 
inventories, to determine if emission

[[Page 59422]]

levels exceed the attainment year levels. If there is an attainment 
year inventory excursion, MDE will assess the need to trigger 
contingency measures implementation procedures. In addition, MDE shall 
also continue to operate the existing ozone monitoring station in the 
area pursuant to 40 CFR part 58 throughout the maintenance period and 
submit quality-assured ozone data to EPA through the AIRS system.
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the Act requires 
that a maintenance plan include such contingency measures as EPA deems 
necessary to ensure that the State will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the events that would ``trigger'' the adoption and 
implementation of a contingency measure(s), the contingency measure(s) 
that would be adopted and implemented, and the schedule indicating the 
time frame by which the State would adopt and implement the measure(s).
    The ability of the Kent and Queen Anne's area to stay in compliance 
with the 8-hour ozone standard after redesignation depends upon VOC and 
NOX emissions in the area remaining at or below 2005 levels. 
The State's maintenance plan projects VOC and NOX emissions 
to decrease and stay below 2005 levels through the year 2018. The 
State's maintenance plan outlines the procedures for the adoption and 
implementation of contingency measures to further reduce emissions 
should a violation occur. They are as follows:
    After the 4th exceedance of the 8-hour ozone NAAQS (0.08ppm) occurs 
within any given calendar year, the MDE will consider that fourth 
exceedance and any subsequent exceedance as the trigger by which an 
immediate recalculation of the design value for the Millington Monitor 
would be required. If the recalculated design value is shown to be 
above the 8-hour NAAQS (0.08ppm) then Maryland would initiate the 
following schedule:
    (1) Within 2 weeks of the ``trigger''--MDE will notify Kent and 
Queen Anne's Counties and other stakeholders of the violations and will 
schedule an initial work group meeting concerning contingency measures.
    (2) Within 6 weeks of the ``trigger''--MDE will convene a 
stakeholder group to evaluate the selection and implementation of the 
contingency measures. The stakeholder group will be composed of 
interested State and local government agencies; business, environmental 
and health representatives; citizens and other interested parties
    (3) Within 12 weeks of the ``trigger''--A public meeting will be 
held on the proposed contingency measures
    (4) Within 18 weeks of the ``trigger''--MDE/ Stakeholders will meet 
to consider public comments and finalize a list of planned contingency 
measures
    (5) After the list of planning of measures is finalized as 
identified above in step 4 it will take approximately 12 months from 
that date to go through any required rulemaking processes.
    (6) Within 24 months of the ``trigger''--Agreed-upon contingency 
measures will be implemented in the impacted counties
    The following measures may be considered contingency measures:
     Industrial Commercial Institutional (ICI) Boiler RACT.
     Commuter/traffic measures such as Potential expansion of 
park and ride lots, expanded transit services, enhance opportunities 
for telecommuting/flexible hours/ compressed work schedules.
     Expand Air Quality Action Day activities such as put off 
any painting until later; don't use aerosol consumer products; avoid 
mowing lawns with gasoline-powered mowers; start charcoal with an 
electric or chimney-type fire starter instead of lighter fluid; take 
public transportation; try telecommuting.
     Clean Air Partners public education outreach.
     Expansion of E-government services at State and county 
level.
     Bicycle and pedestrian enhancements such as additional 
trails and bike lanes.
     Emissions testing for truck transport.
     Land use/transportation policies.
     Promote non-motorized transport.
     Promote tree planting standards that favor trees with low 
VOC biogenic emissions.
     Promote energy saving plan for county government.
     Gas can and lawnmower replacement.
    The maintenance plan adequately addresses the five basic components 
of a maintenance plan: attainment inventory, maintenance demonstration, 
monitoring network, verification of continued attainment, and a 
contingency plan. EPA believes that the maintenance plan SIP revision 
submitted by Maryland for Kent and Queen Anne's meets the requirements 
of section 175A of the Act.

VII. Are the Motor Vehicle Emissions Budgets Established and Identified 
in the Kent and Queen Anne's Maintenance Plan Adequate and Approvable?

A. What Are the Motor Vehicle Emissions Budgets (MVEBs)?

    Under the CAA, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (i.e., RFP SIPs and attainment demonstration 
SIPs) and maintenance plans identify and establish MVEBs for certain 
criteria pollutants and/or their precursors to address pollution from 
on-road mobile sources. In the maintenance plan the MVEBs are termed 
``on-road mobile source emissions budgets.'' Pursuant to 40 CFR part 93 
and 51.112, MVEBs must be established in an ozone maintenance plan. A 
MVEB is the portion of the total allowable emissions that is allocated 
to highway and transit vehicle use and emissions. A MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, transportation conformity rule (58 FR 62188). The preamble also 
describes how to establish and revise the MVEBs in control strategy 
SIPs and maintenance plans.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
or reasonable progress towards the national ambient air quality 
standards. If a transportation plan does not ``conform,'' most new 
projects that would expand the capacity of roadways cannot go forward. 
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and 
procedures for demonstrating and assuring conformity of such 
transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB budget 
contained therein ``adequate'' for use in determining transportation 
conformity. After EPA affirmatively finds the submitted MVEB is 
adequate for transportation conformity purposes, that MVEB can be used 
by State and Federal agencies in determining whether proposed 
transportation projects ``conform'' to the State implementation plan as 
required by section 176(c) of the

[[Page 59423]]

CAA. EPA's substantive criteria for determining ``adequacy'' of a MVEB 
are set out in 40 CFR 93.118(e)(4).
    EPA's process for determining ``adequacy'' consists of three basic 
steps: public notification of a SIP submission, a public comment 
period, and EPA's adequacy finding. This process for determining the 
adequacy of submitted SIP MVEBs was initially outlined in EPA's May 14, 
1999 guidance, ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' This guidance was finalized in the 
Transportation Conformity Rule Amendments for the ``New 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards and Miscellaneous 
Revisions for Existing Areas; Transportation Conformity Rule 
Amendments--Response to Court Decision and Additional Rule Change'' on 
July 1, 2004 (69 FR 40004). EPA follows this guidance and rulemaking in 
making its adequacy determinations.
    The MVEBs for Kent and Queen Anne's are listed in Table 1 of this 
document for the 2009, and 2018 years and are the projected emissions 
for the on-road mobile sources plus any portion of the safety margin 
allocated to the MVEBs (safety margin allocation for 2009 and 2018 
only). These emission budgets, when approved by EPA, must be used for 
transportation conformity determinations.

B. What Is a Safety Margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. The following example is for the 2018 safety 
margin: Kent and Queen Anne's first attained the 8-hour ozone NAAQS 
during the 2003 to 2005 time period. The State used 2005 as the year to 
determine attainment levels of emissions for the Kent and Queen Anne's 
area. The total emissions from point, area, mobile on-road, and mobile 
non-road sources in 2005 equaled 18.58 tpd of VOC and 10.66 tpd of 
NOX. The MDE projected emissions out to the year 2018 and 
projected a total of 12.84 tpd of VOC and 5.53 tpd of NOX 
from all sources in Kent and Queen Anne's. The safety margin for 2018 
would be the difference between these amounts, or 5.74 tpd of VOC and 
5.13 tpd of NOX. The emissions up to the level of the 
attainment year including the safety margins are projected to maintain 
the area's air quality consistent with the 8-hour ozone NAAQS. The 
safety margin is the extra emissions reduction below the attainment 
levels that can be allocated for emissions by various sources as long 
as the total emission levels are maintained at or below the attainment 
levels. Table 6 shows the safety margins for the 2009 and 2018 years.

    Table 6.--2009 and 2018 Safety Margins for Kent and Queen Anne's
------------------------------------------------------------------------
                                      VOC Emissions      NOX Emissions
          Inventory year                  (tpd)              (tpd)
------------------------------------------------------------------------
2005 Attainment...................              18.58              10.66
2009 Interim......................              16.37               8.81
2009 Safety Margin................               2.21               1.85
2004 Attainment...................              18.58              10.66
2018 Final........................              12.84               5.53
2018 Safety Margin................               5.74               5.13
------------------------------------------------------------------------


      Table 7.--2009 and 2018 Final MVEBs for Kent and Queen Anne's
------------------------------------------------------------------------
                                      VOC Emissions      NOX Emissions
          Inventory year                  (tpd)              (tpd)
------------------------------------------------------------------------
2009 projected on-road mobile                    2.45               4.82
 source projected emissions.......
2009 Safety Margin Allocated to                  0.27               0.29
 MVEBs............................
2009 MVEBs........................               2.72               5.11
2018 projected on-road mobile                    1.55               2.14
 source projected emissions.......
2018 Safety Margin Allocated to                  0.07               0.24
 MVEBs............................
2018 MVEBs........................               1.62               2.38
------------------------------------------------------------------------

    The MDE allocated 0.29 tpd NOX and 0.27 tpd VOC to the 
2009 interim VOC projected on-road mobile source emissions projection 
and the 2009 interim NOX projected on-road mobile source 
emissions projection to arrive at the 2009 MVEBs. For the 2018 MVEBs 
the MDE allocated 0.24 tpd NOX and 0.07 tpd VOC from the 
2018 safety margins to arrive at the 2018 MVEBs. Once allocated to the 
mobile source budgets these portions of the safety margins are no 
longer available, and may no longer be allocated to any other source 
category. Table 7 shows the final 2009 and 2018 MVEBS for the Kent and 
Queen Anne's area.

C. Why Are the MVEBs Approvable?

    The 2009 and 2018 MVEBs for Kent and Queen Anne's are approvable 
because the MVEBs for NOX and VOC, including the allocated 
safety margins, continue to maintain the total emissions at or below 
the attainment year inventory levels as required by the transportation 
conformity regulations.

D. What Is the Adequacy and Approval Process for the MVEBs in the Kent 
and Queen Anne's Maintenance Plan?

    The MVEBs for the Kent and Queen Anne's area maintenance plan are 
being posted to EPA's conformity Web site concurrent with this 
proposal. The public comment period will end at the same time as the 
public comment period for this proposed rule. In this case, EPA is 
concurrently processing the action on the maintenance plan and the 
adequacy process for the MVEBs contained therein. In this proposed 
rule, EPA is proposing to find the MVEBs adequate and also proposing to 
approve the MVEBs as part of the maintenance plan. The MVEBs cannot be 
used for transportation conformity until the maintenance plan update 
and associated MVEBs are approved in a final Federal Register notice, 
or EPA otherwise finds the budgets adequate in a separate action 
following the comment period.

[[Page 59424]]

    If EPA receives adverse written comments with respect to the 
proposed approval of the Kent and Queen Anne's area MVEBs, or any other 
aspect of our proposed approval of this updated maintenance plan, we 
will respond to the comments on the MVEBs in our final action or 
proceed with the adequacy process as a separate action. Our action on 
the Kent and Queen Anne's MVEBs will also be announced on EPA's 
conformity Web site: http://www.epa.gov/otaq/stateresources/index.html 

(once there, click on ``Transportation Conformity'', then look for 
``Adequacy Review of SIP Submissions'').

VIII. Proposed Actions

    EPA is proposing to determine that the Kent and Queen Anne's area 
has attained the 8-hour ozone NAAQS. EPA is also proposing to approve 
the redesignation of the Kent and Queen Anne's area from nonattainment 
to attainment for the 8-hour ozone NAAQS. EPA has evaluated Maryland's 
redesignation request and determined that it meets the redesignation 
criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes 
that the redesignation request and monitoring data demonstrate that the 
Kent and Queen Anne's area has attained the 8-hour ozone standard. The 
final approval of this redesignation request would change the 
designation of Kent and Queen Anne's from nonattainment to attainment 
for the 8-hour ozone standard. EPA is also proposing to approve the 
associated maintenance plan for the Kent and Queen Anne's area, 
submitted on May 2 and 19, 2006, as a revision to the Maryland SIP. EPA 
is proposing to approve the maintenance plan for the Kent and Queen 
Anne's area because it meets the requirements of section 175A as 
described previously in this notice. EPA is also proposing to approve 
the MVEBs submitted by the Maryland for Kent and Queen Anne's area in 
conjunction with its redesignation request. EPA is soliciting public 
comments on the issues discussed in this document. These comments will 
be considered before taking final action.

IX. 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. Redesignation of an area to attainment under 
section 107(d)(3)(e) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Redesignation of an area to 
attainment under section 107(d)(3)(E) of the Clean Air Act does not 
impose any new requirements on small entities. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new regulatory requirements on sources. 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 (Pub. 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 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 affect the status of a geographical area, 
does not impose any new requirements on sources, or allow the State to 
avoid adopting or implementing other requirements, 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. Redesignation is an 
action that affects the status of a geographical area and does not 
impose any new requirements on sources. 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 the Kent and Queen 
Anne's area to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, and the MVEBs identified in the 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.).
    This rule proposing to approve the redesignation of Kent and Queen 
Anne's to attainment for the 8-hour ozone NAAQS, the associated 
maintenance plan, and the MVEBs identified in the 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, Nitrogen oxides, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

40 CFR Part 81

    Air pollution control, National Parks, Wilderness Areas.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 59425]]


    Dated: September 28, 2006.
William T. Wisniewski,
Acting, Regional Administrator, Region III.
[FR Doc. E6-16654 Filed 10-6-06; 8:45 am]

BILLING CODE 6560-50-P
