CCLME.ORG - 40 CFR PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

(continued)
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03.03.06 Emissions Control Compliance [Contingency SIP Measure]
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03.03.06.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(5);
03.03.06.02............ Vapor Pressure 10/26/92 6/10/94, 58 FR 29957 Approved as a
03.03.06.03............ Determination. 12/18/95 1/30/96, 61 FR 2982 contingency SIP
Oxygen Content measure as part of
Determination. the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.06.04............ Registration.......... 10/26/92 6/10/94, 58 FR 29957
03.03.06.05............ Recordkeeping......... 10/26/92 6/10/94, 58 FR 29957
03.03.06.06............ Transfer Documentation 12/18/95 1/30/96, 61 FR 2982
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TM Technical Memoranda
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TM81-04................ Procedures for 5/1/81 6/18/82, 47 FR 26381 (c)(67).
Observing and
Evaluating Visible
Emissions from
Stationary Sources.
TM83-05................ Stack Test Methods for 6/1/83 2/23/85, 50 FR 7595 (c)(80).
Stationary Sources.
TM91-01 [Except Methods Test Methods and 2/15/93 9/7/94, 59 FR 46105 (c)(105)(i)(B)(1).
1004, 1004A through I, Equipment
1010]. Specifications for
Stationary Sources.
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\1\ Recodified 8/1/88.

(d) EPA approved state source-specific requirements.

EPA-Approved Maryland Source-Specific Requirements
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State effective Additional
Name of source Permit No./type date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
(PEPCO)_Chalk Point #49352 Amended Consent 1/27/78 4//2/79 52.1100(c)(22); FRN
Units #1 and #2. Order. 44 FR 19192 republished 5/3/79
(44 FR 25840)
Beall Jr./Sr. High Consent Order......... 1/30/79 3/18/80, 45 FR 17144 52.1100(c)(26)
School.
Mt. Saint Mary's Consent Order......... 3/8/79 3/18/80, 45 FR 17144 52.1100(c)(26)
College.
Potomac Electric Power Secretarial Order..... 7/19/79 9/3/80, 40 FR 58340 52.1100(c)(34)
Company (PEPCO)_Chalk
Point.
Maryland Slag Co....... Consent Agreement 10/31/80 9/8/81, 41 FR 44757 52.1100(c)(49)
(Order).
Northeast Maryland Secretarial Order..... 11/20/81 7/7/82, 47 FR 29531 52.1100(c)(65)
Waste Disposal (Wheelabrator-Frye,
Authority. Inc.)
Northeast Maryland Secretarial Order..... 2/25/83 8/24/83, 45 FR 55179 52.1100(c)(70)
Waste Disposal (Shutdown of
Authority and landfill for
Wheelabrator-Frye, offsets)
Inc. and the Mayor and
City Council of
Baltimore and BEDCO
Development Corp.
Westvaco Corp.......... Consent Order......... 9/6/83, Rev. 1/ 12/20/84, 49 FR 49457 52.1100(c)(74)
26/84
American Cyanamid Co... Secretarial Order 8/2/84 5/16/90, 55 FR 20269 52.1100(c)(87) [later
(bubble). renumbered as
52.1100(c)(91)]
Potomac Electric Power Administrative Consent 9/13/99 12/15/00, 65 FR 78416 52.1100(c)(151)
Company (PEPCO). Order.
Thomas Manufacturing Consent Decree........ 2/15/01 11/15/01, 66 FR 57395 52.1100(c)(167)
Corp.
Constellation Power Consent Order and NOX 4/25/01 2/27/02, 67 FR 8897 52.1100(c)(168)
Source Generation, RACT Averaging Plan
Inc._Brandon Shores Proposal.
Units #1 & 2;
Gould Street Unit #3;
H.A. Wagner Units #1,
2, 3 & 4; C.P.
Crane Units #1 &
3; and Riverside Unit
#4.
Kaydon Ring and Seal, Consent Order......... 3/5/04 8/31/04, 69 FR 53002 (c)(190); SIP
Inc. effective date is 11/
1/04
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(e) EPA-approved nonregulatory and quasi-regulatory material.

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Name of non-regulatory Applicable geographic State submittal Additional
SIP revision area date EPA approval date explanation
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1990 Base Year Metropolitan Baltimore 9/20/95 10/30/95, 60 FR 55321 52.1075(a), CO
Emissions Inventory. Ozone Nonattainment
Area.
1990 Base Year Metropolitan 3/21/94, 10/12/ 1/30/96, 61 FR 2931 52.1075(b), CO
Emissions Inventory. Washington Ozone 95
Nonattainment Area.
1990 Base Year All ozone 3/21/94 9/27/96, 61 FR 50715 52.1075(c), VOC, NOX,
Emissions Inventory. nonattainment areas. CO
1990 Base Year Kent and Queen Anne's 3/21/94 4/23/97, 62 FR 19676 52.1075(d), VOC, NOX,
Emissions Inventory. Counties. CO
1990 Base Year Metropolitan 3/21/94 4/23/97, 62 FR 19676 52.1075(e), VOC, NOX,
Emissions Inventory. Washington Ozone CO
Nonattainment Area.
1990 Base Year Metropolitan 12/24/97 7/8/98, 63 FR 36854 52.1075(f), VOC, NOX
Emissions Inventory. Washington Ozone
Nonattainment Area.
1990 Base Year Metropolitan Baltimore 12/24/97 2/3/00, 63 FR 5245 52.1075(g), VOC, NOX
Emissions Inventory. Ozone Nonattainment
Area.
1990 Base Year Philadelphia- 12/24/97, 4/29/ 2/3/00, 63 FR 5252 52.1075(h), VOC, NOX
Emissions Inventory. Wilmington-Trenton 98, 12/21/99
Ozone Nonattainment
Area.
(Cecil County) 12/28/00 9/19/01, 66 FR 44809
15% Rate of Progress Philadelphia- 7/12/95, #95-20 7/29/97, 62 FR 40457 52.1076(a)
Plan. Wilmington-Trenton
Ozone Nonattainment
Area (Cecil County).
Stage II Vapor Recovery Western Maryland and 11/5/97 12/9/98, 63 FR 67780 52.1076(b)
Comparability Plan. Eastern Shore
Counties.
15% Rate of Progress Metropolitan Baltimore 10/7/98 2/3/00, 65 FR 5245 52.1076(c)
Plan. Ozone Nonattainment
Area.
15% Rate of Progress Metropolitan 5/5/98 7/19/00, 65 FR 44686 52.1076(d)
Plan. Washington Ozone
Nonattainment Area.
Post-1996 Rate of Philadelphia- 12/24/97, 4/24/ 2/3/00, 63 FR 5252 52.1076(f)
Progress Plan and Wilmington-Trenton 98, 8/18/98
contingency measures. Ozone Nonattainment
Area (Cecil County).
12/21/99, 12/28/ 9/19/01, 66 FR 44809
00
3/8/04 4/15/04, 69 FR 19939 52.1076(f)(3)
Ozone Attainment Plan.. Philadelphia- 4/29/98, 8/18/ 10/29/01, 66 FR 54578 52.1076(h)
Wilmington-Trenton 98, 12/21/99,
Ozone Nonattainment 12/28/00, 8/31/
Area (Cecil County). 01
9/2/03 10/27/03, 68 FR 61103
Transportation Philadelphia- 4/29/98, 8/18/ 10/29/01, 66 FR 54578 52.1076(i)
Conformity Budgets. Wilmington-Trenton 98, 12/21/99,
Ozone Nonattainment 12/28/00
Area (Cecil County).
Post-1996 Rate of Metropolitan Baltimore 12/24/97, 4/24/ 9/26/01, 66 FR 49108 52.1076(j)
Progress Plan and Ozone Nonattainment 98, 8/18/98, 12/
contingency measures. Area. 21/99, 12/28/00
Ozone Attainment Plan.. Metropolitan Baltimore 4/29/98, 8/18/ 10/30/01, 66 FR 54666 52.1076(k)
Ozone Nonattainment 98, 12/21/99,
Area. 12/28/00, 8/31/
01
9/2/03 10/27/03, 68 FR 61103 52.1076(k)
Mobile budgets......... Metropolitan Baltimore 8/31/01 10/30/01, 66 FR 54666 52.1076(l)
Ozone Nonattainment
Area.
9/2/03 10/27/03, 68 FR 61103
Mobile budgets (2005).. Metropolitan Baltimore 9/2/03 10/27/03, 68 FR 61103 52.1076(m)
Ozone Nonattainment
Area.
Philadelphia- ................ ...................... .....................
Wilmington-Trenton
Ozone Nonattainment
Area (Cecil County).
Extension for All ozone 7/9/02 1/16/03, 68 FR 2208 52.1078(b)
incorporation of the nonattainment areas.
on-board diagnostics
(OBD) testing program
into the Maryland I/M
SIP.
Photochenmical Metropolitan Baltimore 3/24/94 9/11/95, 60 FR 47081 52.1080
Assessment Monitoring and Metropolitan
Stations (PAMS) Ozone Nonattainment
Program. Areas.
Consultation with Local All nonattainment and 10/8/81 4/8/82, 47 FR 15140 52.1100(c)(63)
Officials (CAA PSD areas.
Sections 121 and 127).
Lead (Pb) SIP.......... City of Baltimore..... 10/23/80 2/23/82, 47 FR 7835 52.1100(c)(60), (61)
TM#90-01_``Continuous Statewide............. 9/18/91 2/28/96, 61 FR 7418 52.1100(c)(106);
Emission Monitoring approved into SIP as
Policies and ``additional
Procedures''_October material'', but not
1990. IBR'd
Carbon Monoxide City of Baltimore- 9/20/95 10/31/95, 60 FR 55321 52.1100(c)(117)
Maintenance Plan. Regional Planning 7/15/04 4/4/05, 70 FR 16958 Revised Carbon
District 118. Monoxide Maintenance
Plan Base Year
Emissions Inventory
using MOBILE6.
Carbon Monoxide Montgomery County 10/12/95 1/30/96, 61 FR 2931 52.1100(c)(118)
Maintenance Plan. Election Districts 4, 3/3/04 4/4/05, 70 FR 16958 Revised Carbon
7, and 13; Prince Monoxide Maintenance
Georges County Plan Base Year
Election Districts 2, Emissions Inventory
6, 16, 17 and 18. using MOBILE6.
Ozone Maintenance Plan. Kent and Queen Anne's 2/4/04 10/21/04, 69 FR 61766 52.1100(c)(187); SIP
Counties. effective date is 11/
22/04
Non-Regulatory Washington, DC severe 2/19/04 5/12/05, 70 FR 24990 The nonregulatory
Voluntary Emission 1-hour ozone measures found in
Reduction Program. nonattainment area. section 7.6 and
Appendix J of the
plan.
1996-1999 Rate-of- Washington DC 1-hour 12/20/97, 5/13/05, 70 FR 25688 Only the TCMs in
Progress Plan SIP and ozone nonattainment 5/20/99 Appendix H of the 5/
the Transportation area. 20/1999 revision,
Control Measures 1999 motor vehicle
(TCMs) in Appendix H. emissions budgets of
128.5 tons per day
(tpy) of VOC and
196.4 tpy of NOX.
1990 Base Year Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688
Inventory Revisions. ozone nonattainment 2/24/04
area.
1999-2005 Rate-of- Washington DC 1-hour 9/2/2003, 5/13/05, 70 FR 25688 Only the TCMs in
Progress Plan SIP ozone nonattainment 2/24/04 Appendix J of the 2/
Revision and the area. 24/2004 revision,
Transportation Control 2002 motor vehicle
Measures (TCMs) in emissions budgets
Appendix J. (MVEBs) of 125.2
tons per day (tpy)
for VOC and 290.3
tpy of NOX, and,
2005 MVEBs of 97.4
tpy for VOC and
234.7 tpy of NOX.
VMT Offset SIP Revision Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688
ozone nonattainment 2/24/04
area.
Contingency Measure Washington, DC Area... 9/2/2003, 5/13/05, 70 FR 25688
Plan. 2/24/04
1-hour Ozone Modeled Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688
Demonstration of ozone nonattainment 2/24/04
Attainment. area.
Attainment Washington County..... 12/20/04, 8/17/05, 70 FR 48283
Demonstration and 2/28/05
Early Action Plan for
the Washington County
Ozone Early Action
Compact Area.
1-hour Ozone Attainment Washington DC 1-hour 9/2/03 11/16/05, 70 FR 69440
Plan. ozone nonattainment 2/24/04
area.
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[69 FR 69306, Nov. 29, 2004, as amended at 69 FR 76855, Dec. 23, 2004; 70 FR 16123, Mar. 30, 2005; 70 FR 16963, Apr. 4, 2005; 70 FR 24986, 24990, May 12, 2005; 70 FR 25717, May 13, 2005; 70 FR 38776, July 6, 2005; 70 FR 48285, Aug. 17, 2005; 70 FR 60739, 60741, Oct. 19, 2005; 70 FR 66264, Nov. 2, 2005; 70 FR 69443, Nov. 16, 2005; 71 FR 5608, Feb. 2, 2006]

§ 52.1071 Classification of regions.
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The Maryland plans were evaluated on the basis of the following classifications:

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Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
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Cumberland-Keyser Interstate.............................. I I III III III
Central Maryland Intrastate............................... II II III III III
Metropolitan Baltimore Intrastate......................... I I I I I
National Capital Interstate............................... I I III I I
Southern Maryland Intrastate.............................. III III III III III
Eastern Shore Intrastate.................................. II III III III III
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[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 53475, Aug. 12, 1980]

§ 52.1072 Conditional approval.
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(a)–(c) [Reserved]

(d) Revisions to the Maryland State Implementation Plan pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment are conditionally approved. Maryland must meet the following conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland certify that it has submitted case-by-case RACT proposals for all sources subject to the RACT requirements; or demonstrate that the emissions from any remaining subject sources represent a de minimis level of emissions, as defined in the final rulemaking notice.

(i) Additional Material.

(A) Letter of February 7, 1996 from the Maryland Department of the Environment agreeing to meet certain conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland submit case-by-case RACT proposals for all sources subject to the RACT requirements; Maryland certify that, to the best of its knowledge, there are no other sources subject to the RACT requirements.

(e) Maryland's severe ozone nonattainment area SIP for the Metropolitan Washington area, which includes the 1996–1999 portion of the rate-of-progress plan submitted on December 24, 1997 and May 20, 1999 and the transportation control measures in Appendix H of the May 25, 1999 submittal, and the severe ozone attainment demonstration submitted on April 29, 1998, August 17, 1998, February 14, 2000 and section 9.1.1.2 of the March 22, 2000 submittal and the transportation control measures in Appendix J of the February 9, 2000 submittal, is conditionally approved contingent on Maryland submitting a revised SIP by April 17, 2004 that satisfies certain conditions. This conditional approval also establishes motor vehicle emissions budgets for 2005 of 101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Metropolitan Washington, DC serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. Maryland must submit a revised SIP by April 17, 2004 that satisfies the following conditions.

(1) Revises the 1996–1999 portion of the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the required 9 percent rate-of-progress reductions by November 15, 1999.

(2) Revises the 1999–2005 portion of the severe area rate-of-progress plan to provide MOBILE6-based mobile source emission budgets and adopted measures sufficient to achieve emission reductions of ozone precursors of at least 3 percent per year from November 15, 1999 to the November 15, 2005 severe ozone attainment date.

(3) Revises the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the ROP reductions required for the post-1999 period.

(4) Revises the Washington area severe attainment demonstration to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented for the failure of the Washington area to attain the one-hour ozone standard for serious areas by November 15, 1999.

(5) Revises the Washington area severe attainment demonstration to reflect revised MOBILE6-based motor vehicle emissions budgets, including revisions to the attainment modeling/weight of evidence demonstration and adopted control measures, as necessary, to show that the SIP continues to demonstrate attainment by November 15, 2005.

(6) Revises the Washington area severe attainment demonstration to include a contingency plan containing those measures to be implemented if the Washington area does not attain the one-hour ozone standard by November 15, 2005.

(7) Revises the Washington area severe attainment demonstration to include a revised RACM analysis and any revisions to the attainment demonstration including adopted control measures, as necessitated by such analysis.

(8) Revises the major stationary source threshold to 25 tons per year.

(9) Revises Reasonably Available Control Technology (RACT) rules to include the lower major source applicability threshold.

(10) Revises new source review offset requirement to require an offset ratio of at least 1.3 to 1.

(11) Includes a fee requirement for major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) should the area fail to attain by November 15, 2005.

(12) Includes a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or number of vehicle trips and to attain reductions in motor vehicle emissions as necessary, in combination with other emission reduction requirements in the Washington area, to comply with the rate-of-progress requirements for severe areas. Measures specified in section 108(f) of the Clean Air Act will be considered and implemented as necessary to demonstrate attainment.

[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001; 68 FR 19131, Apr. 17, 2003]

Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in §52.1072, paragraph (e) was stayed indefinitely.

§ 52.1073 Approval status.
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(a) With the exceptions set forth in this subpart, the Administrator approves Maryland's plans for the attainment and maintenance of the national standards.

(b) With the exceptions set forth in this subpart, the Administrator approves the amendment to Regulation 10.18.01 sections .01, .07, and .11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of Maryland's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that portions of the plan, as submitted January 19, 1979, satisfy the requirements of part D, title 1, of the Clean Air Act as amended in 1977.

In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January.

(c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved with the following exception:

(i) Distributors and retailers of gasoline-ethanol blends as defined by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 80.27(d)(1) through 40 CFR 80.27(d)(3).

(d) Letter of November 13, 1993, from the Maryland Department of the Environment transmitting a commitment to adopt either the Federal clean fuel fleet program or an alternative substitute program by May 15, 1994.

(e) Conditional limited approval of revisions to the Maryland State Implementation Plan, pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment.

(f)–(g) [Reserved]

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR 25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005]

§ 52.1074 Legal authority.
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(a) The requirements of §51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air Quality Control Act could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 698(f) is disapproved.

[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended at 51 FR 40676, Nov. 7, 1986]

§ 52.1075 1990 base year emission inventory.
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(a) 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).

(b) EPA approves as a revision to the Maryland Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Secretary, Maryland Department of the Environment, on March 21, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO).

(c) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(d) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas: Baltimore nonattainment areas, Cecil County, and Kent and Queen Anne's Counties submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(e) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of MDE on March 21, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road mobile, and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(f) EPA approves as a revision to the Maryland State Implementation Plan an amendment to the 1990 base year emission inventories for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of Maryland of the Department Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road mobile source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), and oxides of nitrogen (NOX).

(g) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Baltimore ozone nonattainment area.

(h) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area.

[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61 FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr. 23, 1997; 62 FR 34405, 34406, June 26, 1997; 63 FR 36858, July 8, 1998; 65 FR 5252, Feb. 3, 2000; 66 FR 48210, Sept. 19, 2001]

§ 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone.
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(a) EPA is approving as a revision to the Maryland State Implementation Plan the 15 Percent Rate of Progress Plan and associated contingency measures for the Cecil County ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on July 21, 1995.

(b) EPA approves as a revision to the Maryland State Implementation Plan, the Stage II vapor recovery comparability plan for the counties of Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties submitted by the Maryland Department of the Environment on November 5, 1997.

(c) EPA approves as a revision to the Maryland State Implementation Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on October 7, 1998.

(d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for the Maryland portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on May 5, 1998.

(e) [Reserved]

(f)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(2) EPA approves the contingency plans for failure to meet rate of progress in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(3) EPA approves revisions to the Maryland State Implementation Plan, submitted by the Secretary of the Maryland Department of the Environment on March 8, 2004, for the rate-of-progress (ROP) plan for year 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton 1-hour ozone nonattainment area. These revisions update Cecil County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions inventories and motor vehicle emissions budgets to reflect the use of the MOBILE6 emissions model, establish motor vehicle emissions budgets of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of nitrogen oxides, and amend the contingency measures associated with the 2005 ROP plan for Cecil County.

(g) [Reserved]

(h) EPA approves the attainment demonstration for the Philadelphia area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, August 31, 2001, and September 2, 2003 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; and to perform a mid-course review by December 31, 2003.

(i) EPA approves the following mobile budgets of Maryland's attainment plan for the Philadelphia area:

Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
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Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration..................................... 2005 3.0 11.3
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(1) [Reserved]

(2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions.

(j)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Baltimore severe ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(2) EPA approves the contingency plans for failure to meet rate of progress in the Baltimore severe ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(k) EPA approves the attainment demonstration for the Baltimore area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, August 20, 2001, and September 2, 2003 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; and to perform a mid-course review by December 31, 2003.

(l) EPA approves the following mobile budgets of the Baltimore area attainment plan:

Transportation Conformity Budgets for the Baltimore Area
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Type of control strategy SIP Year VOC (TPD) NOX (TPD)
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Attainment Demonstration..................................... 2005 55.0 146.9
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(1) [Reserved]

(2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions.

(m) EPA approves the State of Maryland's revised 1990 and the 2005 VOC and NOX highway mobile emissions inventories and the 2005 motor vehicle emissions budgets for the one-hour ozone attainment plans for the Baltimore severe ozone nonattainment area and the Cecil County portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Maryland Department of the Environment on September 2, 2003. Submission of these revised MOBILE6-based motor vehicle emissions inventories was a requirement of EPA's approval of the attainment demonstration under paragraphs (h) and (k) of this section.

(n) EPA approves revisions to the Maryland State Implementation Plan for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-hour ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 23, 2003 and consist of the following:

(1) Revisions to the base year 1990 emissions inventory which reflect the use of the MOBILE6 motor vehicle emissions model. These revisions establish motor vehicle emissions inventories for 1990 of 165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons per day of oxides of nitrogen (NOX).

(2) Revisions to the year 2005 motor vehicle emissions budgets (MVEBs) for transportation conformity purposes, reflecting the use of the MOBILE6 motor vehicle emissions model. These revisions establish a motor vehicle emissions budget of 55 tons per day of volatile organic compounds (VOC) and 144.5 tons per day of oxides of nitrogen (NOX). EPA approved new 2005 MOBILE6-based MVEBs for the Baltimore area's 1-hour ozone attainment demonstration on October 27, 2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP plan are less than the MVEBs in the approved attainment demonstration. These more restrictive MVEBs, contained in the ROP plan, are the applicable MVEBs to be used in transportation conformity demonstrations for the year 2005 for the Baltimore area.

(3) Revisions to the 2005 ROP plan to reallocate some of the contingency measures established in prior SIP revisions to the control measures portion of the plan. EPA guidance allows states an additional year to adopt new contingency measures to replace those reallocated to the control measures portion of the plan. The State of Maryland's December 23, 2003 SIP revision submittal includes an enforceable commitment to replace those contingency measures reallocated to the control measures portion of the 2005 ROP plan and to submit these additional contingency measures by October 31, 2004.

[62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 632, Jan. 3, 2001; 66 FR 9769, Feb. 12, 2001; 66 FR 48211, Sept. 19, 2001; 66 FR 49109, Sept. 26, 2001; 66 FR 54596, Oct. 29, 2001; 66 FR 54687, Oct. 30, 2001; 68 FR 61104, Oct. 27, 2003; 69 FR 7135, Feb. 13, 2004; 69 FR 19942, Apr. 15, 2004; 69 FR 43522, July 21, 2004]

§ 52.1077 Source surveillance.
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(a) The requirements of §51.212 of this chapter are not met since the plans do not provide specific procedures for stationary sources to be periodically tested.

[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 FR 40677, Nov. 7, 1986]

§ 52.1078 Extensions.
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(a) [Reserved]

(b) The Administrator hereby extends by six-months the deadline by which Maryland must incorporate mandatory testing of second generation On-board Diagnostics (OBD-II) equipped motor vehicles as part of its inspection and maintenance (I/M) program. As a result of this deadline extension, Maryland must now incorporate mandatory OBD-II checks (for 1996-and-newer OBD-II equipped vehicles) as an element of the Commonwealth's I/M program in all enhanced I/M program areas by July 1, 2002.

[66 FR 632, Jan. 3, 2001, as amended at 68 FR 2210, Jan. 16, 2003; 69 FR 43522, July 21, 2004]

§ 52.1079 Requirements for state implementation plan revisions relating to new motor vehicles.
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Maryland must comply with the requirements of §51.120.

[60 FR 4737, Jan. 24, 1995]

§ 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
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On March 24, 1994 Maryland's Department of the Environment submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of Maryland SIP. As with all components of the SIP, Maryland must implement the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]

§§ 52.1081-52.1099 [Reserved]
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§ 52.1100 Original identification of plan section.
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(a) This section identifies the original “Air Implementation Plan for the State of Maryland” and all revisions submitted by Maryland that were federally approved prior to November 1, 2004.

(b) The plans were officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Miscellaneous non-regulatory additions and errata to the plan submitted on February 25, 1972, by the Maryland Bureau of Air Quality Control.

(2) Clarification of emission data submitted on March 3, 1972, by the Maryland Bureau of Air Quality Control.

(3) Final State emission limitations, Regulations 10.03.35–10.03.41 of the Maryland Air Pollution Control Regulations, submitted on April 4, 1972, by the Maryland Bureau of Air Quality Control.

(4) Miscellaneous non-regulatory corrections and additions to the plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality Control.

(5) Miscellaneous non-regulatory corrections and additions to the plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality Control.

(6) Revision establishing unsuitable sites for construction of power plants submitted July 27, 1972, by the Maryland Department of Natural Resources.

(7) Transportation control plan for Metropolitan Baltimore and National Capital AQCR Submitted on April 16, 1973, by the Governor.

(8) Amendments to the Maryland Transportation Control Plans submitted on May 5, 1973, by the Governor.

(9) Amendments to the Maryland Transportation Control Plans submitted on June 15, 1973, by the Governor.

(10) Amendments to the Maryland Transportation Control Plans submitted on June 22, 1973, by the Governor.

(11) Amendments to the Maryland Transportation Control Plans submitted on June 28, 1973, by the Governor.

(12) Amendments to the Maryland plan for attainment and maintenance of secondary SO2 standard for Metropolitan Baltimore AQCR submitted on July 31, 1973, by the Governor.

(13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J covering gasoline handling vapor control submitted on April 24, 1974, by the Governor of Maryland.

(14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to be withdrawn from consideration submitted on November 29, 1974, by the Governor of Maryland.

(15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent submitted on December 11, 1974 by the Governor.

(16) Amendment to Sections .04J(1) and .04J(2) of Maryland Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted on April 24, 1974, and amended on July 1, 1975 by the Governor.

(17) Amendment to Sections .04B(1) and .04B(2) of Maryland Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in fuel); submitted on July 1, 1975 by the Governor.

(18) Amendment to Maryland Regulation 10.03.38, deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent, submitted on December 11, 1974 by the Governor.

(19) Amendments to Sections .03 (Air Pollution Episode System), .06 (Test Methods) and .11 (Permits); and deletion of Section .04 (Prior Registration of Proposed Installations) of Maryland Regulation 10.03.35 (Regulations Governing Air Pollution Control in the State of Maryland); amendments to Sections .03 (Control of Particulate Emissions), .04 (Control and Prohibition of oxides of nitrogen emissions), and associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, and 10.03.41 (Regulations Governing Air Pollution Control in the Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern Shore AQCRs); amendments to Sections .03 (Control and Prohibition of Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of Installations and Operations) and associated tables of Maryland Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCRs); submitted on April 24, 1974 by the Governor. (continued)