Rule2026-10755
Air Plan Approval; Maryland; Clean Data Determination for the Baltimore, MD Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 29, 2026
Effective
June 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining that the Baltimore, Maryland (MD) nonattainment area (the Baltimore Area or the Area) has clean data for the 2015 8-hour ozone national ambient air quality standard (NAAQS or standard). This determination is based upon quality-assured, quality-controlled, and certified ambient air monitoring data for the 2022-2024 design value (DV) period showing that the Baltimore Area attained the 2015 ozone NAAQS, with the exclusion of certain monitoring data impacted by exceptional events. The EPA is taking final agency action on portions of three exceptional event (EE) requests submitted by the Maryland Department of the Environment (MDE) on February 2, 2024, on behalf of MD, and concurred on by the EPA on November 12, 2025. As a result of the clean data determination (CDD), under the EPA's Clean Data Policy, the EPA is suspending the requirements for the Baltimore Area to submit attainment demonstrations and associated Reasonably Available Control Measures (RACM), Reasonable Further Progress (RFP) plans, contingency measures, and other planning SIPs related to attainment of the 2015 ozone NAAQS, for as long as the Baltimore Area continues to attain the standard.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31914-31918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10755]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-2532; FRL-13045-02-R3]
Air Plan Approval; Maryland; Clean Data Determination for the
Baltimore, MD Nonattainment Area for the 2015 Ozone National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 31915]]
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Baltimore, Maryland (MD) nonattainment area (the Baltimore Area or
the Area) has clean data for the 2015 8-hour ozone national ambient air
quality standard (NAAQS or standard). This determination is based upon
quality-assured, quality-controlled, and certified ambient air
monitoring data for the 2022-2024 design value (DV) period showing that
the Baltimore Area attained the 2015 ozone NAAQS, with the exclusion of
certain monitoring data impacted by exceptional events. The EPA is
taking final agency action on portions of three exceptional event (EE)
requests submitted by the Maryland Department of the Environment (MDE)
on February 2, 2024, on behalf of MD, and concurred on by the EPA on
November 12, 2025. As a result of the clean data determination (CDD),
under the EPA's Clean Data Policy, the EPA is suspending the
requirements for the Baltimore Area to submit attainment demonstrations
and associated Reasonably Available Control Measures (RACM), Reasonable
Further Progress (RFP) plans, contingency measures, and other planning
SIPs related to attainment of the 2015 ozone NAAQS, for as long as the
Baltimore Area continues to attain the standard.
DATES: This final rule is effective on June 29, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-2532. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, e.g., 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 through <a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Ian Neiswinter, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2011. Mr. Neiswinter can also be reached via electronic mail
at <a href="/cdn-cgi/l/email-protection#dab4bfb3a9adb3b4aebfa8f4b3bbb49abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="523c373b21253b3c2637207c3b333c123722337c353d24">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This CDD is based upon quality-assured,
quality-controlled, and certified ambient air monitoring data from
2022-2024 available in the EPA's Air Quality System (AQS) database.
This CDD does not redesignate the Baltimore Area to attainment for the
2015 ozone NAAQS. The Baltimore Area remains designated nonattainment
until such time as MD submits a request for redesignation pursuant to
CAA section 107(d)(3) and the EPA determines that the Baltimore Area
meets the CAA requirements for redesignation to attainment and takes
action to redesignate the Baltimore Area.
I. Background
On October 26, 2015, the EPA promulgated a revised primary and
secondary ozone NAAQS to provide requisite increased protection of
public health and welfare, respectively.\1\ In that action, the EPA
strengthened both standards from 0.075 parts per million (ppm) to 0.070
ppm and retained the indicator (ozone), averaging time (8-hour), and
form (annual fourth-highest daily maximum, averaged over three years)
of the existing standards. Effective August 3, 2018, the EPA designated
51 areas throughout the country as nonattainment for the 2015 ozone
NAAQS, including the Baltimore Area, which was classified as a Marginal
nonattainment area.\2\ This designation was based on quality-assured,
quality-controlled, and certified air quality monitoring data from
calendar years 2014-2016. The EPA established the attainment date for
Marginal 2015 ozone NAAQS nonattainment areas as three years from the
effective date of the final designations, meaning the Baltimore Area
had an attainment date of August 3, 2021.\3\
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\1\ See 80 FR 65292 (October 26, 2015).
\2\ See 83 FR 25776 (June 4, 2018). The Baltimore Area consists
of the following counties/cities: Anne Arundel County, Baltimore
County, Carroll County, Harford County, Howard County, and the City
of Baltimore in Maryland. See 40 Code of Federal Regulations (CFR)
81.321.
\3\ See 83 FR 10376 (March 9, 2018) and 40 CFR 51.1303(a).
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Effective November 7, 2022, the EPA determined that 22 Marginal
areas or portions of areas failed to attain the standard by August 3,
2021, the applicable Marginal attainment date, including the Baltimore
Area.\4\ As a result of the EPA's November 2022 finding, the Baltimore
Area was reclassified by operation of law to Moderate nonattainment for
the 2015 ozone NAAQS. That finding was based on quality-assured,
quality-controlled, and certified ambient air monitoring data from
calendar years 2018-2020. The Moderate area attainment date was August
3, 2024.\5\
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\4\ See 87 FR 60897 (October 7, 2022). Because the 2015 primary
and secondary NAAQS for ozone are identical, for convenience, the
EPA refers to them in the singular as ``the 2015 ozone NAAQS'' or as
``the standard.''
\5\ See 87 FR 60897 (October 7, 2022).
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On July 18, 2024, MD requested voluntary reclassification under CAA
section 181(b)(3) for the Baltimore Area from Moderate to Serious. On
August 1, 2024, the EPA approved MD's reclassification request from
Moderate to Serious.\6\ The 2015 ozone Serious area attainment date is
August 3, 2027.
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\6\ See 89 FR 62663 (August 1, 2024).
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On February 2, 2024, MDE, on behalf of MD, submitted three EE
demonstrations to show that the ozone concentration at certain MD
monitors on June 2, June 29-30, and July 17-18, 2023 were influenced by
wildfire smoke events originating in Canada and/or the United States.
On May 6, 2025, MDE provided additional information for the June 2,
2023 demonstration. On November 12, 2025, the EPA concurred on portions
of the June 2, June 29-30, and July 17-18, 2023 EE demonstrations.
On January 23, 2026, the EPA published a notice of proposed
rulemaking (NPRM), which proposed to determine that the Baltimore Area
has attained the 2015 ozone NAAQS, based upon quality-assured, quality-
controlled and certified ambient air monitoring data for the 2022-2024
DV period, which pursuant to the EPA's concurrence on portions of the
three MDE EE demonstrations now excludes exceptional event-influenced
monitor days.\7\ Such a determination, based upon the EPA's Clean Data
Policy and 40 CFR 51.1318, is known informally as a CDD (for Clean Data
Determination). In that action, the EPA noted that, if the CDD is
finalized, the requirements for the Baltimore Area to submit an
attainment demonstration, associated RACM, RFP plan, contingency
measures, and any other SIP revisions related to the attainment of the
2015 ozone NAAQS, would be suspended for so long as the Baltimore Area
continues to attain the 2015 ozone NAAQS. The EPA also explained that
the CDD does not constitute a redesignation to attainment, and that the
Baltimore Area will remain designated nonattainment for the 2015 ozone
NAAQS until such time as MD submits a request for redesignation
pursuant to CAA section 107(d)(3) and the EPA determines that the
Baltimore Area meets the CAA requirements for redesignation to
[[Page 31916]]
attainment and takes action to redesignate the Baltimore Area.
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\7\ See 91 FR 2887 (January 23, 2026).
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The EPA's proposed CDD relied upon the EPA's concurrence on
portions of the EE demonstrations submitted by MDE on February 2, 2024.
In the January 23, 2026 NPRM, the EPA also proposed to take final
agency action on the exceptional events concurrences, which removed the
event-influenced data from the DV. The NPRM opened an opportunity for
public comment on the EPA's concurrences.
II. Summary of the EPA Analysis
As detailed in the NPRM, the EPA has reviewed the 2022-2024
quality-assured, quality-controlled, and certified ambient air quality
monitoring data for ozone for the Baltimore Area, which as noted,
excludes exceptional event-influenced monitor days.\8\ Preliminary data
for 2025, that has now since been certified by Maryland and concurred
on by the EPA, was also reviewed. As detailed in the NPRM, the DVs for
each monitor within the Baltimore Area are less than or equal to 0.070
ppm, which is the 2015 ozone NAAQS.\9\ All monitors, with the exception
of two circumstances described in the NPRM, meet the data completeness
requirements.\10\ Based on this 2022-2024 data from the EPA's AQS
database and consistent with the requirements contained in 40 CFR part
50, the EPA has concluded that the Baltimore Area attained the 2015
ozone NAAQS. Additionally, the now certified 2025 data indicates that
the Baltimore Area continues to attain the standard based on the 2023-
2025 DV. Other specific requirements of the CDD and the rationale for
the EPA's actions, including the EPA's concurrence on portions of the
exceptional events demonstrations, were explained in the NPRM and
associated technical support documents (TSDs) included in the docket
for this action, and will not be restated here.
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\8\ See 91 FR 2887 (January 23, 2026).
\9\ Under the EPA regulations at 40 CFR part 50, the 2015 ozone
NAAQS is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations at an
ozone monitor is less than or equal to 0.070 ppm. See 40 CFR
50.19(b) and 40 CFR part 50, appendix U. This 3-year average is
referred to as the design value (DV). When calculating the DV,
digits to the right of the third decimal place are truncated. See 40
CFR 51.1300(b), which refers to 40 CFR part 50, appendix U. When the
DV is less than or equal to 0.070 ppm at each monitor within the
area, then the area is attaining the NAAQS.
\10\ The data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than
or equal to 90 percent (%), and no single year has less than 75%
data completeness as determined in appendix U of 40 CFR part 50. The
data must be collected and quality-assured in accordance with 40 CFR
part 58 and recorded in the EPA's AQS database. The Glen Burnie
monitor (AQS Site ID #24-003-1003 has incomplete data for data year
2024 because operation of the monitor was discontinued in 2024. The
Brooklyn Park monitor (AQS Site ID #24-003-1004) has incomplete data
for data years 2022 and 2023 because the monitor became operational
on April 1, 2024. Further details and explanation are included in
the NPRM and will not be restated here.
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III. EPA's Response to Comments Received
The EPA's January 23, 2026 NPRM opened a 30-day public comment
period, which closed on February 23, 2026.\11\ The EPA received one
comment. That comment and the EPA's response are discussed below. The
comment received and any submitted attachments are included in the
docket for this rule, available at, <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID
Number EPA-R03-OAR-2025-2532.
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\11\ See 91 FR 2887 (January 23, 2026).
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Comment: The commenter acknowledges that the exclusion of
monitoring data impacted by wildfire smoke allows the Baltimore Area to
attain the 2015 ozone NAAQS but disagrees that this is the correct
approach. The commenter states that it is increasingly evident that
wildfires are a more ever-present part of the world climate landscape
and argues that by excluding exceptional events-impacted monitoring
days to issue a CDD, the proposed action ``disregard[s] a critical
facet of our changing planet affecting our current air quality. . . .''
Instead, the commenter urges the EPA to revise the NAAQS to account for
extraneous circumstances such as wildfires. The commenter also states
that the current rule proposing a CDD should be avoided because
localities will be absolved of critical climate initiatives. The
commenter argues that CDDs reduce accountability of states to submit
implementation plans and ``weaken the environmentally conscious posture
of state governments.''
Response: The EPA disagrees with the commenter that the exclusion
of monitoring data impacted by wildfire smoke to support the issuance
of a CDD is not the proper approach. Similarly, the EPA disagrees with
the commenter that a CDD should not be issued in this instance. Rather,
this action is consistent with statutory authority delineated by
Congress, the relevant implementing regulations, and long-established
agency policy.
As discussed in detail in the NPRM, in 2005, Congress provided the
statutory authority for the exclusion of data influenced by
``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA and granting the EPA with the authority to propose
regulations to review and manage air quality monitoring data influenced
by exceptional events, as defined by the CAA. On March 22, 2007, the
EPA promulgated the 2007 Exceptional Events Rule in order to implement
this 2005 CAA amendment.\12\ On October 3, 2016, the EPA promulgated a
comprehensive revision to the 2007 Exceptional Events Rule.\13\ The
2016 Exceptional Events Rule revision included the requirement that if
a state demonstrates to the Administrator's satisfaction that emissions
from a wildfire smoke event caused a specific air pollution
concentration in excess of the NAAQS at a particular air quality
monitoring location and otherwise satisfies the requirements of 40 CFR
50.14, the EPA must exclude that data from use in determinations of
exceedances and violations.\14\
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\12\ See 72 FR 13560 (March 22, 2007).
\13\ See 81 FR 68216 (October 3, 2016).
\14\ See 40 CFR 50.14(b)(4).
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Accordingly, the CAA provides for the exclusion of air quality
monitoring data from DV calculations when there are NAAQS exceedances
caused by events, such as wildfires, that meet the criteria for an
exceptional event identified in CAA section 319(b) and in the EPA's
Exceptional Events Rule at 40 CFR 50.1, 50.14, and 51.930. As explained
in detail in the NPRM and the three TSDs included in the docket for
this action, the EPA found that portions of MDE's June 2, June 29-30,
and July 17-18, 2023 demonstrations met the Exceptional Events Rule
criteria and determined that monitoring data impacted by wildfire smoke
had regulatory significance for purposes of calculating the Baltimore
Area's most recent DV (2022-2024 monitoring data).\15\ The removal of
this exceptional event-impacted data is consistent with the CAA and
implementing regulations and provides for a DV that meets the
NAAQS.\16\
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\15\ As detailed in the NPRM, the EPA has reviewed the 2022
through 2024 quality-assured, quality-controlled, and certified
ambient air quality monitoring data for ozone for the Baltimore
Area, consistent with the requirements contained in 40 CFR 50.19(b)
and 40 CFR part 50, appendix U, and recorded in the EPA's AQS
database.
\16\ Under the EPA regulations at 40 CFR part 50, the 2015 ozone
NAAQS is attained when the DV does not exceed 0.070 ppm at each
monitor site within the nonattainment area. See 40 CFR part 50,
appendix U. When the DV is less than or equal to 0.070 ppm at each
monitor within the area, then the area is attaining the NAAQS.
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Following enactment of the CAA Amendments of 1990, the EPA
promulgated its interpretation of the requirements for implementing the
NAAQS in the general preamble for the implementation of Title I of the
CAA
[[Page 31917]]
Amendments of 1990 (General Preamble).\17\ In 1995, based on the
interpretation of CAA sections 171, 172, and 182 in the General
Preamble, the EPA set forth what has become known as its ``Clean Data
Policy'' for the 1-hour ozone NAAQS in a memorandum issued by John S.
Seitz (Seitz Memorandum).\18\ The Seitz Memorandum provided that
requirements to submit SIP revisions addressing RFP, an attainment
demonstration, and other related requirements such as contingency
measures and other specific ozone-related requirements in CAA section
182 would be suspended for as long as the nonattainment area continued
to monitor attainment of the NAAQS. The approach set forth in the
memorandum was subsequently codified for the 1997, 2008, and 2015 ozone
NAAQS.\19\ The EPA's longstanding Clean Data Policy has been upheld by
the Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) and all other courts that have considered it. The D.C. Circuit
upheld the EPA's rule embodying the Clean Data Policy for the 1997 8-
hour ozone standard in NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009).
Other courts have reviewed and considered rulemakings applying the
EPA's Clean Data Policy and have consistently upheld them.\20\
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\17\ See 57 FR 13498, 13564 (April 16, 1992).
\18\ See Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard, EPA memorandum from
John S. Seitz, Director, Office of Air Quality Planning Standards,
May 10, 1995 (``Seitz Memorandum'').
\19\ See 40 CFR 51.918, 40 CFR 51.1118, and 40 CFR 51.1318.
\20\ See e.g., Sierra Club v. EPA, 99 F.3d 1551 (10th Cir.
1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004); Our
Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005 (Memorandum Opinion)), Latino Issues Forum v. EPA, Nos. 06-
75831 and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)).
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Thus, the CAA and implementing regulations provide for the
exclusion of air quality monitoring data from DV calculations when
there are NAAQS exceedances caused by events, such as wildfires, that
meet the criteria for an exceptional event identified in the CAA and
the associated regulations. Here, the state has submitted, and the EPA
has concurred on, EE demonstrations that show certain monitoring data
in the Baltimore Area during the 2022-2024 DV period were influenced by
an exceptional event as defined by statute and regulation. As a result,
the EPA has appropriately excluded that data in its calculation of the
2022-2024 ozone DV. The calculated 2022-2024 DV for each monitor within
the Baltimore Area meets the NAAQS, and each monitor has valid data and
meets the data completeness requirements (except for two monitors in
Anne Arundel County).\21\ Pursuant to regulation and longstanding
agency policy that has been consistently upheld in Federal court, a CDD
is appropriate in this instance. In addition, as discussed in the NPRM,
preliminary data for 2025, that has since been certified by MD and
concurred on by the EPA, indicates that the Baltimore Area continues to
attain the standard.
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\21\ As discussed in the NPRM, The Glen Burnie monitor, located
in Anne Arundel County, was discontinued in 2024 because the site
land was sold, as described in MDE's 2024 Annual Network Plan
included in the docket for this action. To replace the Glen Burnie
monitor, on April 1, 2024 the Brooklyn Park monitor, also located in
Anne Arundel County and approximately 4 miles north of the Glen
Burnie site, became operational, as described in MDE's 2025 Annual
Network Plan included in the docket for this action. Based on the
monitoring history for these sites and proximity to each other, the
EPA determined that it is reasonable to conclude that the Glen
Burnie and Brooklyn Park sites would not have exceeded the 2015
ozone NAAQS for the 2022-2024 DV.
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Lastly, the EPA disagrees with the commenter that CDDs reduce
accountability of states to submit implementation plans and weaken the
``environmentally conscious posture of state governments.'' This action
implements longstanding agency policy based on the air quality
measurements for ground level ozone in the Baltimore Area. Due to the
implementation of pollution reduction programs, such air quality
measurements have improved significantly over time to meet health-based
air quality standards. If the Baltimore Area falls back into
nonattainment, those suspended attainment planning SIPs become
immediately due upon a determination by the EPA that the Baltimore Area
is no longer attaining the NAAQS. Moreover, MD may still submit SIPs in
anticipation of this event, and the EPA will be required to act on
those SIPs in accordance with CAA section 110(k)(2) and (3). The Clean
Data Policy embodies the EPA's longstanding interpretation that certain
planning requirements in the CAA no longer have meaning for areas that
are attaining the standard because the purpose of these provisions is
to help a nonattainment area reach attainment, a goal which will
already have been achieved.
The commenter's suggestion that the EPA should revise the NAAQS to
better reflect extraneous circumstances such as wildfires is beyond the
scope of this action, which is limited to the determination that the
Baltimore Area has attained the 2015 ozone NAAQS and a CDD is
appropriate, consistent with the CAA, implementing regulations, and
agency policy, as described previously.
IV. Final Action
For the reasons discussed in detail in the NPRM and summarized
herein, the EPA is taking final action to determine that the Baltimore
Area has clean data for the 2015 ozone NAAQS based upon quality-
assured, quality-controlled and certified ambient air monitoring data
for the 2022-2024 DV period. The EPA is also taking final action on
portions of three EE requests submitted by MDE on February 2, 2024, and
concurred on by the EPA on November 12, 2025. As a result of the CDD,
the EPA is suspending the requirements for the Baltimore Area to submit
attainment demonstrations and associated RACM, RFP plans, contingency
measures, and other planning SIPs related to attainment of the 2015
ozone NAAQS, for as long as the Baltimore Area continues to attain the
2015 ozone NAAQS.
This action does not constitute a redesignation of the Baltimore
Area to attainment of the 2015 ozone NAAQS under CAA section 107(d)(3).
This action also does not involve approving any maintenance plan for
the Baltimore Area and does not determine that the Baltimore Area has
met all the requirements for redesignation under the CAA, including
that the attainment be due to permanent and enforceable measures.
Therefore, the designation status of the Baltimore Area will remain
nonattainment for the 2015 ozone NAAQS until such time as MD submits a
request for redesignation pursuant to CAA section 107(d)(3), the EPA
determines that the Baltimore Area meets the CAA requirements for
redesignation to attainment, and the EPA takes action to redesignate
the Baltimore Area.
V. Statutory and Executive Order Reviews
This rule makes an attainment determination based on ambient air
quality data and will result in the suspension of certain Federal
requirements and will not impose any additional requirements. For that
reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
[[Page 31918]]
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not a significant regulatory action under
Executive Order 12866;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, this action is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
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 July 28, 2026. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. Amend Sec. 52.1076 by adding paragraph (jj) to read as follows:
Sec. 52.1076 Control strategy plans for attainment and rate-of-
progress: Ozone.
* * * * *
(jj) EPA has determined, as of May 29, 2026, that based on 2022 to
2024 ambient air quality data, the Baltimore, MD serious nonattainment
area for the 2015 8-hour ozone national ambient air quality standards
(2015 ozone NAAQS) has attained the 2015 ozone NAAQS. This
determination, in accordance with 40 CFR 51.5138, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2015 ozone NAAQS.
[FR Doc. 2026-10755 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
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