Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; Redesignation of the Baltimore Carbon Monoxide Area to Attainment and Approval of the Area's Maintenance Plan and Emission Inventory; State of Maryland

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MD44-1-3001a, MD44-2-3002a; FRL-5315-4]

Approval and Promulgation of Implementation Plans; Designation of

Areas for Air Quality Planning Purposes; Redesignation of the Baltimore

Carbon Monoxide Area to Attainment and Approval of the Area's

Maintenance Plan and Emission Inventory; State of Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a maintenance plan and a request to

redesignate the Baltimore carbon monoxide (CO) nonattainment area,

which is located within the Baltimore City Central Business District

(CBD) within the Baltimore Metropolitan Statistical Area. The

maintenance plan and redesignation requests were submitted by the State

of Maryland on September 20, 1995. Under the 1990 amendments of the

Clean Air Act (CAA) designations can be revised if sufficient data is

available to warrant such revisions. In this action, EPA is approving

Maryland's request because it meets the maintenance plan and

[[Page 55322]]

redesignation requirements set forth in the CAA. This action is being

taken under section 110 of the CAA.

DATES: This action will become effective on December 15, 1995, unless,

by November 30, 1995, adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant to this action are available

for public inspection during normal business hours at the Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;

Maryland Department of the Environment, 2500 Broening Highway,

Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, (215) 597-

6863.

SUPPLEMENTARY INFORMATION: On September 20, 1995, the State of Maryland

submitted a formal revision to its State Implementation Plan (SIP). The

SIP revision consists of a maintenance plan, and a request to

redesignate the Baltimore CO nonattainment area from nonattainment to

attainment for carbon monoxide.

I. Background

The Baltimore area was designated a CO nonattainment area under the

Clean Air Act Amendments of 1990 (see 40 CFR 81.321). The National

Ambient Air Quality Standard (NAAQS) for CO is 9.5 parts per million

(ppm). Carbon monoxide nonattainment areas can be classified as

moderate or serious, based on their design values. Since the Baltimore

CO nonattainment area had a design value of 9.6 ppm (based on 1988 and

1989 data), the area was classified as moderate. The CAA established an

attainment date of December 31, 1995 for all moderate CO areas. The

Baltimore area has ambient air quality monitoring data showing

attainment of the CO NAAQS from 1989 through 1994. Therefore, in an

effort to comply with the CAA and to ensure continued attainment of the

NAAQS, on September 20, 1995 the State of Maryland submitted a CO

redesignation request and a maintenance plan for the Baltimore area.

Maryland submitted evidence that a public hearing was held on August 9,

1995 in Baltimore on this revision to the State's SIP.

II. Evaluation Criteria

Section 107(d)(3)(E) of the 1990 Clean Air Act Amendments provides

five specific requirements that an area must meet in order to be

redesignated from nonattainment to attainment:

1. The area must have attained the applicable NAAQS;

2. The area must have a fully approved SIP under section 110(k) of

CAA;

3. The air quality improvement must be permanent and enforceable;

4. The area must have a fully approved maintenance plan pursuant to

section 175A of the CAA;

5. The area must meet all applicable requirements under section 110

and Part D of the CAA.

III. Review of State Submittal

On September 20, 1995, EPA determined that the information received

from the State of Maryland constituted a complete redesignation request

under the general completeness criteria of 40 CFR part 51, appendix V,

Secs. 2.1 and 2.2. Maryland's redesignation request for the Baltimore

area meets the five requirements of section 107(d)(3)(E), noted above.

The following is a brief description of how the State has fulfilled

each of these requirements.

1. Attainment of the CO NAAQS

Maryland has quality-assured CO ambient air monitoring data showing

that the Baltimore area has met the CO NAAQS. The Maryland request is

based on an analysis of quality-assured CO air monitoring data which is

relevant to the maintenance plan and to the redesignation request. To

attain the CO NAAQS, an area must have complete quality-assured data

showing no more than one exceedance of the standard per year over at

least two consecutive years. The ambient air CO monitoring data for

calendar year 1989 through calendar year 1995, relied upon by Maryland

in its redesignation request, shows no violations of the CO NAAQS in

the Baltimore area during this time. Because the area has complete

quality assured data showing no more than one exceedance of the

standard per year over at least two consecutive years (1994 and 1995),

the area has met the first statutory criterion of attainment of the CO

NAAQS (40 CFR 50.8 and appendix C). Maryland has committed to continue

monitoring in this area in accordance with 40 CFR part 58.

2. Fully Approved SIP Under Section 110(k) of the CAA

Maryland's CO SIP is fully approved by EPA as meeting all the

requirements of Section 110(a)(2)(I) of the Act, including the

requirements of Part D (relating to nonattainment), which were due

prior to the date of Maryland's redesignation request. Maryland's CO

SIP was fully approved by EPA on September 19, 1984, at 40 CFR

52.1070(c)(71), (49 FR 36645). The 1990 CAA required that nonattainment

areas achieve specific new requirements depending on the severity of

the nonattainment classification. Requirements for the Baltimore area

included the preparation of a 1990 emission inventory with periodic

updates, adoption of an oxygenated fuels program, the development of

contingency measures, and development of conformity procedures. Each of

these requirements added by the 1990 Amendments to the CAA are

discussed in greater detail below.

Consistent with the October 14, 1994 EPA guidance from Mary D.

Nichols entitled ``Part D New Source Review (Part D NSR) Requirements

for Areas Requesting Redesignation to Attainment,'' EPA is not

requiring full approval of a Part D NSR program by Maryland as a

prerequisite for redesignation to attainment. Under this guidance,

nonattainment areas may be redesignated to attainment notwithstanding

the lack of a fully-approved Part D NSR program, so long as the program

is not relied upon for maintenance. Because the Baltimore area is being

redesignated to attainment by this action, Maryland's Prevention of

Significant Deterioration (PSD) requirements will be applicable to new

or modified sources in the Baltimore area. Maryland has been delegated

PSD authority (see Sec. 52.1116 Maryland, 45 FR 52741, August 7, 1980,

as amended 47 FR 7835, February 23, 1982).

A. Emission Inventory

On March 24, 1994, Maryland submitted a 1990 base year emissions

inventory to EPA for review and approval. This inventory was used as

the basis for calculations to demonstrate maintenance. Maryland's

submittal contains the detailed inventory data and summaries by source

category. Maryland's submittal also contains information related to how

it comported with EPA's guidance, and which model and emissions factors

were used (note, the MOBILE 5a model was used), how vehicle miles

travelled (VMT) data was generated, and other technical information

verifying the emission inventory. A summary of the base year and

projected maintenance year inventories are shown in the following table

in this section.

Section 172(c)(3) of the CAA requires that nonattainment plan

provisions

[[Page 55323]]

include a comprehensive, accurate, and current inventory of actual

emissions from all sources of relevant pollutants in the nonattainment

area. Maryland included the requisite inventory in the redesignation

request and maintenance plan SIP revision. The base year for the

inventory was 1990, using a three month CO season of December 1990

through February 1991. Stationary point sources, stationary area

sources, on-road mobile sources, and off-road mobile sources of CO were

included in the inventory. The following table, Table 1, presents a

summary of the attainment year's (1990) and projected year's (2007) CO

peak season daily emissions estimates in tons per winter day (tpd) by

source category:

Table 1.--CO Peak Season Daily Emissions

------------------------------------------------------------------------

1990 Base 2007

year Projected

emissions emissions

(tons per (tons per

day) day)

------------------------------------------------------------------------

On-road Mobile................................... 1789.80 732.30

Off-road Mobile.................................. 223.28 245.19

Area............................................. 116.47 145.74

Stationary....................................... 375.25 381.14

Total............................................ 2504.8 1504.37

------------------------------------------------------------------------

Available guidance for preparing emission inventories is provided

in the General Preamble (57 FR 13498, April 16, 1992).

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 187(a)(1). The EPA is granting

approval of the Maryland 1990 base year CO emissions inventories as

found in the Baltimore CO Redesignation Request, based on the EPA's

technical review of the CO inventory. For further details on the

emission inventory, the reader is referred to the Technical Support

Document, which is available for review at the addresses provided

above.

B. Oxygenated Gasoline

Section 211(m) of the CAA requires that each State in which there

is located a CO nonattainment area with a design value of 9.5 ppm or

above based on data for the 2-year period of 1988 and 1989 shall submit

a SIP revision which requires the implementation of an oxygenated

gasoline program in the Consolidated Metropolitan Statistical Area

(CMSA) or Metropolitan Statistical Area (MSA) in which the

nonattainment area is located. The Baltimore area has a design value

above 9.5 ppm based on 1988 and 1989 data and consequently was subject

to the requirement to adopt an oxygenated fuel program. Maryland

submitted an oxygenated gasoline SIP revision for the Baltimore MSA to

EPA on November 13, 1992. EPA approved the SIP revision for Maryland on

June 6, 1994. As noted in the Maryland redesignation request, the State

has relegated the oxygenated fuel program to contingency status under

the redesignation. Through emergency rulemaking procedures, Maryland

modified these regulations to provide for the oxygenated gasoline

control period to be required in future years as a contingency measure

to ensure maintenance of the National Ambient Air Quality Standard

(NAAQS) for CO. The rule change states that upon a monitored violation

of the CO NAAQS (two or more exceedances of the CO NAAQS in a single

calendar year), the oxygenated gasoline control period shall be

reinstated. Under the amended regulations, a notice by July 1 of any

year for an area would reinstate the oxygenated gasoline requirements

beginning on November 1 of that year. This emergency regulation change

is effective from September 13, 1995 through February 28, 1996.

Maryland is currently pursuing permanent adoption of these regulations,

and final adoption of the permanent rule change should become effective

in January 1996.

Maryland's maintenance demonstration, described below, asserts that

oxygenated gasoline in the Baltimore MSA is not necessary for continued

maintenance of the CO NAAQS. Consequently, EPA is approving Maryland's

use of oxygenated gasoline as a contingency measure for the Baltimore

area.

C. Conformity

Under section 176(c) of the CAA, states were required to submit

revisions to their SIPs that include criteria and procedures to ensure

that Federal actions conform to the air quality planning goals in the

applicable SIPs. The requirement to determine conformity applies to

transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as all other Federal actions

(``general conformity''). Congress provided for the State revisions to

be submitted one year after the date of promulgation of final EPA

conformity regulations. EPA promulgated final transportation conformity

regulations on November 24, 1993 (58 FR 62188) and final general

conformity regulations on November 30, 1993 (58 FR 63214). These

conformity rules require that the States adopt both transportation and

general conformity provisions in the SIP for areas designated

nonattainment or subject to a maintenance plan approved under CAA

section 175A. Pursuant to Sec. 51.396 of the transportation conformity

rule and Sec. 51.851 of the general conformity rule, the State of

Maryland was required to submit a SIP revision containing

transportation conformity criteria and procedures consistent with those

established in the Federal rule by November 25, 1994. Similarly,

Maryland was required to submit a SIP revision containing general

conformity criteria and procedures consistent with those established in

the Federal rule by December 1, 1994. Maryland submitted transportation

conformity SIP revisions to EPA on May 16, 1995. Furthermore, Maryland

submitted, on May 15, 1995, SIP revisions for general conformity.

Although this redesignation request was submitted to EPA after the

due dates for the SIP revisions for transportation conformity (58 FR

62188) and general conformity (58 FR 63214) rules, EPA believes it is

reasonable to interpret the conformity requirements as not being

applicable requirements for purposes of evaluating the redesignation

request under section 107(d). The rationale for this is based on a

combination of two factors. First, the requirement to submit SIP

revisions to comply with the conformity provisions of the Act continues

to apply to areas after redesignation to attainment. Therefore, the

State remains obligated to adopt the transportation and general

conformity rules even after redesignation and would risk sanctions for

failure to do so. While redesignation of an area to attainment enables

the area to avoid further compliance with most requirements of section

110 and part D, since those requirements are linked to the

nonattainment status of an area, the conformity requirements apply to

both nonattainment and maintenance areas. Second, EPA's federal

conformity rules require the performance of conformity analyses in the

absence of state-adopted rules. Therefore, a delay in adopting State

rules does not relieve an area from the obligation to implement

conformity requirements.

Because areas are subject to the conformity requirements regardless

of whether they are redesignated to attainment and must implement

conformity under Federal rules if State rules are not yet adopted, EPA

believes it is reasonable to view these requirements as not being

applicable requirements for purposes of evaluating a redesignation

request.

Therefore, with this notice, EPA is modifying its national policy

regarding

[[Page 55324]]

the interpretation of the provisions of section 107(d)(3)(E) concerning

the applicable requirements for purposes of reviewing a carbon monoxide

redesignation request. Under this new policy, for the reasons just

discussed, EPA believes that the CO redesignation request for the

Baltimore area may be approved notwithstanding the lack of approved

state transportation and general conformity rules.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

EPA approved Maryland's CO SIP under the 1977 CAA. Emission

reductions achieved through the implementation of control measures

contained in that SIP are enforceable. Maryland cites the Federal Motor

Vehicle Control Program (FMVCP) as the major source of reductions that

led to attainment of the CO standard. Stationary sources have also been

required to improve combustion efficiency through the Best Available

Control Technology (BACT) requirements. Both of these measures are

considered permanent and enforceable.

As discussed above, the State initially attained the NAAQS in 1989

with monitored attainment through 1994. This indicates that the

improvements are due to the permanent and enforceable measures

contained in the 1982 CO SIP.

Maryland has demonstrated that actual enforceable emission

reductions are responsible for the air quality improvement and that the

CO emissions in the base year are not artificially low due to local

economic downturn. EPA finds that the combination of certain existing

EPA-approved SIP and federal measures contribute to the permanence and

enforceability of reduction in ambient CO levels that have allowed the

area to attain the NAAQS.

4. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable

NAAQS for at least ten years after the Administrator approves a

redesignation to attainment. Eight years after the redesignation, the

State must submit a revised maintenance plan which demonstrates

attainment for the ten years following the initial ten-year period. To

provide for the possibility of future NAAQS violations, the maintenance

plan must contain contingency measures, with a schedule for

implementation adequate to assure prompt correction of any air quality

problems. In this notice, EPA is approving the State of Maryland's

maintenance plan for the Baltimore area because EPA finds that

Maryland's submittal meets the requirements of section 175A.

A. Attainment Emission Inventory

As previously noted, on March 24, 1994, Maryland submitted a 1990

base year emissions inventory to EPA for review and approval. The

inventory includes emissions from area, stationary, and mobile sources

using 1990 as the base year for calculations.

The State submittal contains the detailed inventory data and

summaries by county and source category. The comprehensive base year

emissions inventory was submitted in the National Emission Data System

format. This inventory was prepared in accordance with EPA guidance.

The 1990 inventory can be considered representative of attainment

conditions because the CO NAAQS was not violated during 1990. Maryland

established the 1990 inventory as the attainment inventory, and

forecasted future emissions out to the year 2007 in its redesignation

request. The State projected emissions for the end of the maintenance

period using appropriate growth factors, consistent with EPA guidance.

To project future emissions from mobile sources, MOBILE5a was used to

assess the benefits gained from federally mandated control measures.

Maryland assumed the following control programs, when projecting the

inventory: FMVCP, the 1992 Reid Vapor Pressure Program, Tier 1 controls

on new vehicles, Evaporative Emissions Control Program, Federal

Reformulated Gasoline, Enhance Inspection & Maintenance, Low Emission

Vehicles, Stage II Vapor Recovery, and On-Board Controls. Since these

programs are either a) federal measures that are currently adopted or

will be adopted in the future under the CAA, or b) state regulations

which are currently approved into the SIP, they constitute appropriate

assumptions for future modeling scenarios. Stationary source emissions

and off-road mobile source emissions were projected using the 1990 base

year inventory and multiplying with appropriate projection factors. The

area source future emissions were projected using the 1990 base year

inventory and multiplying the inventory with household, population, and

employment growth factors from the Round 5 Cooperative forecasting

process conducted by the Baltimore Metropolitan Council.

B. Demonstration of Maintenance-Projected Inventories

Total CO emissions were projected from 1990 base year out to 2005

and 2010, and then interpolated for the maintenance plan's projection

year, 2007. These projected inventories were prepared in accordance

with EPA guidance. Maryland will not implement the oxygenated fuel

program in the Baltimore MSA unless a violation of the standard

triggers the program for the following CO season.

The projections show that calculated CO emissions, assuming no

oxygenated fuels program, are not expected to exceed the level of the

base year inventory during this time period. Therefore, it is

anticipated that the Baltimore area will maintain the CO standard

without the program, and the oxygenated fuel program will not need to

be implemented following redesignation, except as a contingency

measure.

C. Verification of Continued Attainment

Continued attainment of the CO NAAQS in the Baltimore area depends,

in part, on the State's efforts toward tracking indicators of continued

attainment during the maintenance period. In addition, comprehensive

reviews will be conducted periodically of the factors used to develop

the attainment inventories and those used to project CO emissions

levels for 2007. If any of the localities find significant differences

between actual and projected growth, updated emission inventories will

be developed to compare with the projections.

D. Contingency Plan

The level of CO emissions in the Baltimore area will largely

determine its ability to stay in compliance with the CO NAAQS in the

future. Despite the State's best efforts to demonstrate continued

compliance with the NAAQS, the ambient air pollutant concentrations may

exceed or violate the NAAQS. Section 175(A)(d) of the CAA requires that

the contingency provisions include a requirement that the State

implement all measures contained in the SIP prior to redesignation.

Therefore, Maryland has provided for oxygenated fuels as a contingency

measure in the event of a future CO air quality problem. The plan

contains an acceptable triggering mechanism (a violation of the CO

standard) to determine when the contingency measure is needed.

Maryland has changed its oxygenated fuel rule, through emergency

rulemaking procedures, to require oxygenated gasoline as a contingency

[[Page 55325]]

measure for the purposes of redesignation. Maryland has also provided a

schedule to EPA for the permanent adoption of the oxygenated fuel

regulation change. EPA finds this an acceptable contingency measure

which fulfills the requirements of section 175(A)(d).

E. Subsequent Maintenance Plan Revisions

In accordance with section 175A(b) of the CAA, the State must

submit a revised maintenance SIP eight years after the area is

redesignated to attainment. Such a revised SIP will provide for

maintenance for an additional ten years.

5. Meeting Applicable Requirements of Section 110 and Part D

In Section III.2. above, EPA sets forth the basis for its

conclusion that Maryland has a fully approved SIP which meets the

applicable requirements of Section 110 and Part D of the CAA.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective December 15, 1995, unless, by November 30, 1995, adverse or

critical comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective on December 15, 1995.

Final Action

EPA is approving the Baltimore area CO maintenance plan because it

meets the requirements set forth in section 175A of the CAA. In

addition, the Agency is approving the request and redesignating the

Baltimore CO nonattainment area to attainment, because the State has

demonstrated compliance with the requirements of section 107(d)(3)(E)

for redesignation. EPA is also approving Maryland's 1990 base year CO

emissions inventory for the Baltimore MSA, as found in the State's

redesignation request and maintenance plan. The EPA is publishing this

action without prior proposal because the Agency views this as a

noncontroversial amendment and anticipates no adverse comments.

However, in a separate document in this Federal Register publication,

the EPA is proposing to approve the SIP revision should adverse or

critical comments be filed. This action will be effective December 15,

1995, unless, by November 30, 1995, adverse or critical comments are

received. If the EPA receives such comments, this action will be

withdrawn before the effective date by publishing a subsequent document

that will withdraw the final action. All public comments received will

then be addressed in a subsequent final rule based on this action

serving as a proposed rule. The EPA will not institute a second comment

period on this action. Any parties interested in commenting on this

action should do so at this time. If no such comments are received, the

public is advised that this action will be effective December 15, 1995.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA 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 regulatory requirements on sources. The

Administrator certifies that the approval of the redesignation request

will not affect a substantial number of small entities.

The CO SIP is designed to satisfy the requirements of part D of the

CAA and to provide for attainment and maintenance of the CO NAAQS. This

final redesignation should not be interpreted as authorizing the State

to delete, alter, or rescind any of the CO emission limitations and

restrictions contained in the approved CO SIP. Changes to CO SIP

regulations rendering them less stringent than those contained in the

EPA approved plan cannot be made unless a revised plan for attainment

and maintenance is submitted to and approved by EPA. Unauthorized

relaxations, deletions, and changes could result in both a finding of

non-implementation (section 179(a) of the CAA) and in a SIP deficiency

call made pursuant to sections 110(a)(2)(H) and 110(k)(2) of the CAA.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP

approval does not impose any new requirements, it does not have any

economic impact on any small entities. Redesignation of an area to

attainment under section 107(d)(3)(E) of the CAA does not impose any

new requirements on small entities.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR

[[Page 55326]]

2214-2225), as revised by a July 10, 1995 memorandum from Mary Nichols,

Assistant Administrator for Air and Radiation. The Office of Management

and Budget (OMB) has exempted this regulatory action from E.O. 12866

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 January 2, 1996. 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 rulemaking redesignating the Baltimore CO

nonattainment area to attainment, approving the maintenance plan

submitted by the Maryland Department of the Environment on September

20, 1995, and approving the CO emissions inventory submitted on March

24, 1994 may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

40 CFR Part 81

Air pollution control.

Dated: September 29, 1995.

W. Michael McCabe,

Regional Administrator, Region III.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

2. Section 52.1070 is amended by adding paragraph (c)(117) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(117) The carbon monoxide redesignation request and maintenance

plan for the Baltimore Carbon Monoxide nonattainment area, submitted by

the Maryland Department of the Environment on September 20, 1995, as

part of the Maryland SIP. The emission inventory projections are

included in the maintenance plan.

(i) Incorporation by reference.

(A) Letter of September 20, 1995 from the Maryland Department of

the Environment requesting the redesignation and submitting the

maintenance plan.

(B) The ten year carbon monoxide maintenance plan for the Baltimore

Carbon Monoxide nonattainment area adopted on August 31, 1995.

(ii) Additional material.

(A) Remainder of September 20, 1995 State submittal.

3. Section 52.1075 is added to read as follows:

Sec. 52.1075 1990 base year emission inventory for carbon monoxide.

EPA approves as a revision to the Maryland State Implementation

Plan the 1990 base year emission inventory for the Baltimore

Metropolitan Statistical Area, submitted by the Secretary, Maryland

Department of the Environment, on September 20, 1995. This submittal

consists of the 1990 base year stationary, area, off-road mobile and

on-road mobile emission inventories in the Baltimore Metropolitan

Statistical Area for the pollutant, carbon monoxide (CO).

PART 81--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart C--Section 107 Attainment Status Designations

2. In Sec. 81.321, the table for ``Maryland-Carbon Monoxide'' is

amended by revising the entry for ``Baltimore Area Baltimore City

(part) Regional Planning District No. 118'' to read as follows:

Sec. 81.321 Maryland.

* * * * *

Maryland--Carbon Monoxide

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area -------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

Baltimore Area Baltimore city (part) [insert date 45 days Attainment............... ........ ........

Regional Planning District No. 118 after publication date].

(generally corresponding to the

Central Business District).

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95-26959 Filed 10-30-95; 8:45 am]

BILLING CODE 6560-50-P