
[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43069-43072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R03-OAR-2010-0431; FRL-9179-1]


Approval of One-Year Extension for Attaining the 1997 8-Hour 
Ozone Standard in the Baltimore Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to extend the attainment 
date from June 15, 2010 to June 15, 2011 for the Baltimore 
nonattainment area, which is classified as moderate for the 1997 8-hour 
ozone national ambient air quality standard (NAAQS). This extension is 
based in part on air quality data for the 4th highest daily 8-hour 
monitored value during the 2009 ozone season. Accordingly, EPA is 
revising the table in our regulations concerning the 8-hour ozone 
attainment dates in the State of Maryland. EPA is approving the 
extension of the attainment date for the Baltimore moderate ozone 
nonattainment area in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: Effective Date: This rule is effective on September 21, 2010 
without further notice, unless EPA receives adverse written comment by 
August 23, 2010. If EPA receives such comments, it will publish a 
timely withdrawal of the direct final rule in the Federal Register and 
inform the public that the rule will not take effect.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0431. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at 
Maryland Department of the Environment, 1800 Washington

[[Page 43070]]

Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
e-mail at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Request for Attainment Date Extension for the Baltimore 
Nonattainment Area

    On March 12, 2010, the State of Maryland requested a one-year 
attainment date extension for the Baltimore nonattainment area which is 
classified as moderate for the 1997 8-hour ozone NAAQS. The Baltimore 
nonattainment area consists of Anne Arundel, Baltimore, Carroll, 
Harford, and Howard Counties and Baltimore City. Since this area was 
classified as a moderate ozone nonattainment area, the statutory ozone 
attainment date, as prescribed by section 181(a) of the CAA, is June 
15, 2010. The State of Maryland's request is that the attainment date 
be extended to June 15, 2011.

II. CAA Requirements and EPA Actions Regarding One-Year Extensions

    Section 172(a)(2)(C) of subpart 1 of the CAA provides for EPA to 
extend the attainment date for an area by one year if the State has 
complied with all the requirements and commitments pertaining to the 
area in the applicable implementation plan and no more than a minimal 
number of exceedances of the NAAQS has occurred in the attainment year. 
Up to two one-year extensions may be issued for a single nonattainment 
area. Section 181(a)(5) of subpart 2 contains a similar provision for 
the ozone NAAQS, but instead of providing for an extension where there 
has been a ``minimal'' number of exceedances, it allows an extension 
only if there is no more than one exceedance of the NAAQS in the year 
proceeding the extension year. However, the language in section 
181(a)(5) reflects the form of the 1-hour ozone NAAQS and not the 1997 
8-hour ozone NAAQS. 40 CFR 51.907 sets forth how sections 172(a)(2)(C) 
and 181(a)(5) apply to an area subject to the 1997 8-hour ozone NAAQS. 
Under 40 CFR 51.907, an area will meet the requirement of section 
172(a)(2)(C)(ii) or 181(a)(5)(B) of the CAA pertaining to one-year 
extensions of the attainment date if:
    (a) For the first one-year extension, the area's 4th highest daily 
8-hour average in the attainment year is 0.084 parts per million (ppm) 
or less,
    (b) For the second one-year extension, the area's 4th highest daily 
8-hour value, averaged over both the original attainment year and the 
first extension year, is 0.084 ppm or less.
    (c) For purposes of paragraphs (a) and (b) of this section, the 
area's 4th highest daily 8-hour average shall be from the monitor with 
the highest 4th highest daily 8-hour average of all the monitors that 
represent that area.
    EPA's review of the actual ozone air quality data in the Air 
Quality System shows that the 4th highest daily average 8-hour ozone 
concentrations for the 2009 attainment year ozone season, for all 
monitors in the Baltimore moderate ozone nonattainment area are 
measured at 0.084 ppm or less (Table 1), as required by 40 CFR 
51.907(a). The monitoring data has been quality controlled and quality 
assured.

                  Table 1--Monitoring Data for 8-Hour Ozone in the Baltimore Nonattainment Area
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                                                                                                  4th Max 8-HR
                   Site ID                             County/State                 Year              (ppm)
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24-003-0014.................................  Anne Arundel, MD..............              2009             0.070
24-005-1007.................................  Baltimore, MD.................              2009             0.068
24-005-3001.................................  Baltimore, MD.................              2009             0.071
24-013-0001.................................  Carroll, MD...................              2009             0.068
24-025-1001.................................  Harford, MD...................              2009             0.083
24-025-9001.................................  Harford, MD...................              2009             0.069
24-510-0054.................................  Baltimore (City), MD..........              2009             0.066
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    EPA has determined that the requirements for a one-year extension 
of the attainment date have been fulfilled as follows:
    (1) The State of Maryland has complied with all requirements and 
commitments pertaining to the area in the applicable ozone 
implementation plan; and
    (2) The Baltimore nonattainment area's 4th highest daily 8-hour 
monitored value during the 2009 ozone season is 0.084 ppm or less.
    Therefore, EPA approves Maryland's attainment date extension 
request for the Baltimore moderate ozone nonattainment area. As a 
result, the chart in 40 CFR 81.321 entitled ``Maryland--Ozone (8-Hour 
Standard)'' is being modified to reflect EPA's approval of Maryland's 
attainment date extension request.

III. Final Action

    EPA is approving the attainment date extension from June 15, 2010 
to June 15, 2011 for the Baltimore nonattainment area, which is 
classified as moderate for the 1997 8-hour ozone NAAQS. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial amendment and anticipates no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, EPA is publishing a separate document that will serve as the 
proposal to approve the SIP revision if adverse comments are filed. 
This rule will be effective on September 21, 2010 without further 
notice unless EPA receives adverse comment by August 23, 2010. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

IV. Statutory and Executive Order Reviews

    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 finds that an area has qualified for a one-year extension 
of the attainment date of a previously established NAAQS, and imposes 
no additional requirements. Accordingly, the Administrator certifies

[[Page 43071]]

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 does not impose any 
additional enforceable duties, 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 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 determines that each of two areas has attained a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    This rule does not involve establishment of technical standards, 
and 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 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.
    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this direct final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The rulemaking does not affect the level of protection 
provided to human health or the environment because extending the 
attainment date does not alter the emission reduction measures that are 
required to be implemented in the Baltimore Area, which is classified 
as moderate nonattainment for the 1997 8-hour ozone standard. See 69 FR 
at 23909 (April 30 2004). Additionally, if the Baltimore Area were not 
granted an extension of its attainment date, EPA's recourse would be to 
initiate a reclassification of the Baltimore Area from its current 
classification of moderate nonattainment to serious nonattainment, 
pursuant to section 181(b)(2) of the CAA. Because the Baltimore area 
was formerly a severe nonattainment area under the revoked 1-hour ozone 
standard (see, 56 FR at 56773, November 6, 1991), it is required to 
continue to implement severe area requirements pursuant to EPA's 
interpretation of ``anti-backsliding'' provision of section 172(e) of 
the CAA. See 69 FR at 23973, April 30, 2004, South Coast Air Quality 
Management District v. EPA, 472 F.3d 882 (DC Cir. 2006), modified and 
rehearing den., 489 F.3d 1245 (DC Cir. 2007). The severe area 
requirements are more stringent than both the moderate and serious area 
requirements set forth in Title I, Part D, Subpart 2 of the CAA. 
Therefore, even if EPA were to not grant the attainment date extension 
and instead move to reclassify the area to serious nonttainment, no 
additional emission reduction measures would be required to implemented 
in the Baltimore area through a 181(b)(2) reclassification.
    The extension of the attainment deadline for the 1997 8-hour ozone 
NAAQS 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 in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 6, 2010.
W. C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 81 is amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. In Sec.  81.321, the table entitled ``Maryland--Ozone (8-Hour 
Standard)'' is amended by revising the entry for Baltimore, MD (Anne 
Arundel County, City of Baltimore, Baltimore County, Carroll County, 
Harford County, and Howard County) to read as follows:


Sec.  81.321  Maryland.

* * * * *

                                                 Maryland--Ozone
                                                [8-Hour standard]
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                                         Designation \a\                      Category/Classification
       Designated Area        ----------------------------------------------------------------------------------
                                   Date \1\            Type            Date \1\                  Type
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Baltimore, MD:
    Anne Arundel County        ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
    City of Baltimore          ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
    Baltimore County           ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
    Carroll County             ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
    Harford County             ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
    Howard County              ................  Nonattainment...  ................  \4\ Subpart 2/Moderate.
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 15, 2008.
\3\ November 22, 2004.

[[Page 43072]]

 
\4\ Attainment date extended to June 15, 2011.

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[FR Doc. 2010-17969 Filed 7-22-10; 8:45 am]
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