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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules methodologies for the SIP base year, and found them to be acceptable and developed in accordance with EPAs technical guidance. The TSD is available online at http
www.regulations.gov, Docket ID No.
EPAR03OAR20210017.

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B. Base Year Inventory Requirements In EPAs December 6, 2018 83 FR
62998 rule, Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements, known as the SIP
Requirements Rule, EPA set out nonattainment area requirements for the 2015 ozone NAAQS. The SIP
Requirements Rule established base year inventory requirement, which were codified at 40 CFR 51.1315. As required by 40 CFR 51.1315a, each 2015 ozone nonattainment area to submit a base year inventory within 2 years of designation, i.e., by no later than August 3, 2020.
Also, 40 CFR 51.1315a requires that the inventory year be selected consistent with the baseline year for the RFP plan as required by 40 CFR 51.1310b, which states that the baseline emissions inventory shall be the emissions inventory for the most recent calendar year for which a complete triennial inventory is required to be submitted to EPA under the provisions of subpart A
of 40 CFR 51, Air Emissions Reporting Requirements, 40 CFR 51.150. The most recent triennial inventory year conducted for the National Emissions Inventory NEI pursuant to the Air Emissions Reporting Requirements AERR rule is 2017. 73 FR 76539
December 17, 2008. Maryland selected 2017 as their baseline emissions inventory year for RFP. This selection comports with EPAs implementation regulations for the 2015 ozone NAAQS
because 2017 is the inventory year. 40
CFR 51.1310b.1 Further, 40 CFR
51.1315c requires emissions values included in the base year inventory to be actual ozone season day emissions as defined by 40 CFR 51.1300q, which sates: Ozone season day emissions means an average days emissions for a typical ozone season work weekday.
The state shall select, subject to EPA
approval, the particular months in the ozone season and the days in the work 1 On January 29, 2021, the Court of Appeals for the D.C. Circuit issued its decision regarding multiple challenges to EPAs implementation rule for the 2015 ozone NAAQS which included, among other things, upholding this provision allowing states to use an alternative baseline year for RFP.
Sierra Club v. EPA, No. 151465 D.C. Cir.
mandate not yet issued. The other provisions of EPAs ozone implantation rule at issue in the case are not relevant for this rulemaking.

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week to be represented, considering the conditions assumed in the development of RFP plans and/or emissions budgets for transportation conformity.
C. Baltimore Base Year Inventory SIP
The Baltimore base year inventory SIP
contains an explanation of MDEs 2017
base year emissions inventory for Baltimore 2017 Baltimore BYE for stationary, non-point, non-road, and onroad anthropogenic sources, as well as biogenic sources, in the Baltimore Area.
MDE estimated anthropogenic emissions for volatile organic compound VOC, nitrogen oxide NOX, and carbon monoxide CO for a typical ozone season workweek day.
MDE developed the 2017 Baltimore BYE with the following source categories of anthropogenic emissions sources: Point, quasi-point, non-point, non-road, on-road, biogenic, and commercial marine vessels, airport, and railroad emissions sources MAR.
Appendix A of the Baltimore base year inventory SIP, 2017 Base Year SIP
Emissions Inventory Methodologies Appendix A, sets out the methodologies MDE used to develop its base year inventory.2
1. Point Sources Point sources are larger sources that are located at a fixed, stationary location. As defined by the AERR in 40
CFR 51.50, point sources are large, stationary non-mobile, identifiable sources of emissions that release pollutants into the atmosphere. A point source is a facility that is a major source under 40 CFR part 70 for one or more of the pollutants for which reporting is required by 40 CFR 51.15 a1. These point sources can be associated with a single point or group of points in space.
Examples of point source emissions categories include power plants, industrial boilers, petroleum refineries, cement plants, and other industrial plants.
As stated in Appendix A, for the 2017
Baltimore BYE, MDE defined a point source located within a designated ozone nonattainment area as a stationary commercial or industrial facility that operations and emits more than 10 tons per year tpy of VOC; or 25 tons per year of NOX; or a 100 tpy of CO, sulfur oxides SOX, particulate matter with an aerodynamic diameter 2 The Appendix A2017 Base Year SIP Emission Inventory Methodologies, submitted with the 2015
8-Hour Ozone NAAQS Marginal Area State Implementation Plan for the Baltimore, MD
Nonattainment Area is included in the docket for this rulemaking available online at https
www.regulations.gov, Docket ID: EPAR03OAR
20210017.

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less than 10 micrometers PM10, diameter less than 2.5 micrometers PM2.5, and total suspended particulates TSP.
In Appendix A, MDE explains that it used several methods of source identification to ensure the point source inventory is as complete as possible.
MDEs primary data source is its permitting program. MDEs compliance program identifies other point sources though facility inspections and investigations. In addition, facilities are required by Marylands emissions statement regulations, Code of Maryland Regulations COMAR 26.11.01.051
and 26.11.02.19D to certify the air emissions for the past calendar year.
The certified emissions are used for inventory and planning purposes.
MDEs Air and Radiation Management Administration ARMA developed the point source data for the 2017 base year inventory. The point source inventory contains emissions for electric generating units EGU and Non-EGU
sources in the nonattainment area NAA. EPA guidance for emissions inventory development provides that ozone season day emissions are used for the base year inventory for the NAA.
ARMA developed their 2017 inventory by using emissions directly reported to the agency by facilities as required by Maryland air quality regulations. These emissions are also reported to EPA, and after going through EPAs quality assurance QA and quality control QC
process, are included in EPAs National Emissions Inventory NEI. The emissions for this base year can be found in EPAs 2017 NEI.3
2. Quasi-Point Sources MDE defines quasi-point sources as that are generally considered part of the non-point or non-road emissions sectors but are included in the point source emissions inventory for a particular reason. In Appendix A, MDE states that such reasons include Federal guidance, as in the case of certain airports, or to facilitate future general conformity determinations, as in the case of military bases, ports, and other similar facilities. EPA has reviewed the source categories included in the quasi-point sources and has found this to be a reasonable approach to handle these sources.
3 The TSD for the Base Year Inventory Submitted with the 2015 8-Hour Ozone NAAQS Marginal Area State Implementation Plan for the Baltimore, MD
Nonattainment Area, included in the docket for this rulemaking available online at https
www.regulations.gov, Docket ID: EPAR03OAR
20210017.

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