80 FR 15713 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Nonattainment New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 57 (March 25, 2015)
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15713-15715 | |
| FR Document | 2015-06729 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Proposed Rules] [Pages 15713-15715] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06729] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0833; FRL-9924-97-Region-3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements--Nonattainment New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted on August 22, 2013 by the Maryland Department of the Environment (MDE). This revision pertains to Maryland's major nonattainment New Source Review (NSR) program, notably preconstruction permitting requirements for sources of fine particulate matter (PM2.5 ). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 24, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2014-0833 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2014-0833, David Campbell, Associate Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2014-0833. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On August 22, 2013, MDE submitted a SIP revision request to EPA. This SIP revision request, if approved, would revise Maryland's currently approved nonattainment NSR program by amending Regulation .01 under section 26.11.01 of the Code of Maryland Regulations (COMAR), and Regulations .01 and .02 under COMAR 26.11.17. Generally, the revisions incorporate provisions related to the 2008 ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5 )'' (2008 NSR PM2.5 Rule). 73 FR 28321 (May 16, 2008). The 2008 NSR PM2.5 rule: (1) Required NSR permits to address directly emitted PM2.5 and precursor pollutants; (2) established significant emission rates for direct PM2.5 and precursor pollutants (including sulfur dioxide (SO2 ) and oxides of nitrogen (NOX )); (3) established PM2.5 emission offsets; and (4) required states to account for gases that condense to form particles (condensables) in PM2.5 emission limits. Additionally, the 2008 NSR PM2.5 Rule authorized states to adopt provisions in their nonattainment NSR [[Page 15714]] rules that would allow major stationary sources and major modifications locating in areas designated nonattainment for PM2.5 to offset emissions increases of direct PM2.5 emissions or PM2.5 precursors with reductions of either direct PM2.5 emissions or PM2.5 precursors in accordance with offset ratios contained in the approved SIP for the applicable nonattainment area. The inclusion, in whole or in part, of the interpollutant offset provisions for PM2.5 is discretionary on the part of the states. In the preamble to the 2008 NSR PM2.5 Rule, EPA included preferred or presumptive offset ratios, applicable to specific PM2.5 precursors, that states may adopt in conjunction with the new interpollutant offset provisions for PM2.5 , and for which the state could rely on the EPA's technical work to demonstrate the adequacy of the ratios for use in any PM2.5 nonattainment area. Alternatively, the preamble indicated that states may adopt their own ratios, subject to the EPA's approval, that would have to be substantiated by modeling or other technical demonstrations of the net air quality benefit for ambient PM2.5 concentrations. The preferred ratios were subsequently the subject of a petition for reconsideration, which the Administrator granted. EPA continues to support the basic policy that sources may offset increases in emissions of direct PM2.5 or of any PM2.5 precursor in a PM2.5 nonattainment area with actual emissions reductions in direct PM2.5 or PM2.5 precursors in accordance with offset ratios as approved in the SIP for the applicable nonattainment area. However, we no longer consider the preferred ratios set forth in the preamble to the 2008 NSR PM2.5 Rule to be presumptively approvable. Instead, any ratio involving PM2.5 precursors adopted by the state for use in the interpollutant offset program for PM2.5 nonattainment areas must be accompanied by a technical demonstration that shows the net air quality benefits of such ratio for the PM2.5 nonattainment area in which it will be applied. Maryland's August 22, 2013 submittal did not include the interpollutant offset provisions. The 2008 NSR PM2.5 Rule (as well as the 2007 ``Final Clean Air Fine Particle Implementation Rule'' (2007 PM2.5 Implementation Rule) \1\), was the subject of litigation before the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Natural Resources Defense Council v. EPA (hereafter, NRDC v. EPA).\2\ On January 4, 2013, the D.C. Circuit remanded to EPA both the 2007 PM2.5 Implementation Rule and the 2008 NSR PM2.5 Rule. The court found that in both rules EPA erred in implementing the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS) solely pursuant to the general implementation provisions of subpart 1 of part D of title I of the CAA (subpart 1), rather than pursuant to the additional implementation provisions specific to particulate matter in subpart 4 of part D of title I (subpart 4).\3\ As a result, the court remanded both rules and instructed EPA ``to re-promulgate these rules pursuant to subpart 4 consistent with this opinion.'' Although the D.C. Circuit declined to establish a deadline for EPA's response, EPA intends to respond promptly to the court's remand and to promulgate new generally applicable implementation regulations for the PM2.5 NAAQS in accordance with the requirements of subpart 4. In the interim, however, states and EPA still need to proceed with implementation of the 1997 PM2.5 NAAQS in a timely and effective fashion in order to meet statutory obligations under the CAA and to assure the protection of public health intended by those NAAQS. In a June 2, 2014 final rulemaking entitled ``Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5 ) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS; Final Rule,'' (79 FR 31566), EPA identified the classification status under subpart 4 for areas currently designated nonattainment for the 1997 and 2006 PM2.5 NAAQS. That rulemaking also established a December 31, 2014 deadline for the submission of any additional attainment related SIP elements that may be needed to meet the applicable requirements of subpart 4. --------------------------------------------------------------------------- \1\ 72 FR 20586 (April 25, 2007). \2\ 706 F.3d 428 (D.C. Cir. 2013). \3\ The court's opinion did not specifically address the point that implementation under subpart 4 requirements would still require consideration of subpart 1 requirements, to the extent that subpart 4 did not override subpart 1. EPA assumes that the court presumed that EPA would address this issue of potential overlap between subpart 1 and subpart 4 requirements in subsequent actions. --------------------------------------------------------------------------- EPA is in the process of evaluating the requirements of subpart 4 as they pertain to nonattainment NSR. In particular, subpart 4 includes section 189(e) of the CAA, which requires the control of major stationary sources of coarse particulate matter (PM10 ) precursors (and hence under the NRDC v. EPA court decision, PM2.5 precursors) ``except where the Administrator determines that such sources do not contribute significantly to PM10 levels which exceed the standard in the area.'' The evaluation of which precursors need to be controlled to achieve the standard in a particular area is typically conducted in the context of the state's preparing and the EPA's reviewing an area's attainment plan SIP. At the time of the August 22, 2013 SIP submittal, three areas in Maryland were designated as nonattainment for the 1997 annual PM2.5 NAAQS: The Maryland portion of the Washington DC-MD-VA nonattainment area; the Baltimore nonattainment area; and the Maryland portion of the Martinsburg-Hagerstown, MD-WV nonattainment area. Since the SIP submittal, EPA has taken final action to redesignate all of these areas to attainment. On October 6, 2014, EPA took final action to redesignate the Washington, DC-MD-VA area. 79 FR 60081. On December 16, 2014, EPA took final action to redesignate both the Baltimore nonattainment area and the Martinsburg-Hagerstown nonattainment area to attainment. 79 FR 75032 (Baltimore area) and 79 FR 75035 (Maryland portion of the Martinsburg-Hagerstown area). As a result, MDE is no longer obligated to submit a nonattainment NSR SIP revision under section 189 of the CAA addressing nonattainment NSR permitting requirements for PM2.5 , including the requirements under subpart 4. Therefore, EPA has not evaluated the August 22, 2013 submittal for the purposes of determining compliance with the subpart 4 requirements. To the extent that any area is designated nonattainment for PM2.5 in Maryland in the future, MDE will have to make a submission under section 189 of the CAA addressing how its nonattainment permitting program satisfies the CAA statutory requirements as to PM2.5 , including subpart 4 and any applicable PM2.5 Federal implementation rules. II. Summary of SIP Revision As previously discussed, this SIP revision incorporates provisions related to the 2008 NSR PM2.5 Rule, which: (1) Required NSR permits to address directly emitted PM2.5 and precursor pollutants;(2) established significant emission rates for direct PM2.5 and precursor pollutants (including sulfur dioxide (SO2 ) and oxides of nitrogen (NOX )); (3) established PM2.5 emission offsets; and (4) required states to account for gases that condense to form particles (condensables) in PM2.5 emission limits. [[Page 15715]] To implement these provisions, Maryland amended Regulation .01 under COMAR 26.11.01 (General Administrative Provisions) and Regulations .01 and .02 under COMAR 26.11.17 (Nonattainment Provisions for Major New Sources and Major Modifications). The general definitions at COMAR 26.11.01.01 were amended to add definitions of ``PM2.5 '' and ``PM2.5 emissions.'' COMAR 26.11.17 contains the preconstruction requirements for new major stationary sources and major modifications locating in nonattainment areas. The definitions of ``regulated NSR pollutant'' and ``significant'' under COMAR 26.11.17.01 were amended. The amended definitions require that sources account for the condensable fraction of PM10 and PM2.5 , require that NOX and SO2 be regulated as precursors to PM10 and PM2.5 , and establish significant emission rates (SERs) for PM2.5 and its precursors. COMAR 26.11.17.02 was revised to specify that all of the major nonattainment NSR preconstruction requirements of the chapter are applicable to new major stationary sources and major modifications that are major for PM2.5 or its precursors. COMAR 26.11.17.02 was also revised to clarify that in addition to the requirements of that chapter, the Prevention of Significant Deterioration (PSD) requirements of COMAR 26.11.04.16 may also apply to sources locating in nonattainment areas. III. Proposed Action EPA's review of this material indicates that the proposed revisions comply with the nonattainment NSR program requirements of the CAA and its implementing regulations (including the 2008 NSR PM2.5 Rule) that are applicable in Maryland at this time. EPA is therefore proposing to approve MDE's August 22, 2013 submittal as a revision to the Maryland SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this proposed action, the EPA is proposing to include in a final EPA rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference amendments to Regulation .01 under COMAR 26.11.01 (General Administrative Provisions) and Regulations .01 and .02 under COMAR 26.11.17 (Nonattainment Provisions for Major New Sources and Major Modifications). The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: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); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 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.); 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); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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 CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, relating to Maryland's nonattainment NSR program, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: March 9, 2015. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2015-06729 Filed 3-24-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15713
• does not have Federalism ACTION: Proposed rule. comment and with any disk or CD–ROM
implications as specified in Executive you submit. If EPA cannot read your
Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection comment due to technical difficulties
1999); Agency (EPA) is proposing to approve a and cannot contact you for clarification,
• is not an economically significant State Implementation Plan (SIP) EPA may not be able to consider your
regulatory action based on health or revision submitted on August 22, 2013 comment. Electronic files should avoid
safety risks subject to Executive Order by the Maryland Department of the the use of special characters, any form
13045 (62 FR 19885, April 23, 1997); Environment (MDE). This revision of encryption, and be free of any defects
• is not a significant regulatory action pertains to Maryland’s major or viruses.
subject to Executive Order 13211 (66 FR nonattainment New Source Review Docket: All documents in the
28355, May 22, 2001); (NSR) program, notably preconstruction electronic docket are listed in the
• is not subject to requirements of permitting requirements for sources of www.regulations.gov index. Although
Section 12(d) of the National fine particulate matter (PM2.5). This listed in the index, some information is
Technology Transfer and Advancement action is being taken under the Clean
not publicly available, i.e., CBI or other
Air Act (CAA).
Act of 1995 (15 U.S.C. 272 note) because information whose disclosure is
application of those requirements would DATES: Written comments must be restricted by statute. Certain other
be inconsistent with the CAA; and received on or before April 24, 2015. material, such as copyrighted material,
• does not provide EPA with the ADDRESSES: Submit your comments, is not placed on the Internet and will be
discretionary authority to address, as identified by Docket ID Number EPA– publicly available only in hard copy
appropriate, disproportionate human R03–OAR–2014–0833 by one of the form. Publicly available docket
health or environmental effects, using following methods: materials are available either
practicable and legally permissible A. www.regulations.gov. Follow the electronically in www.regulations.gov or
methods, under Executive Order 12898 on-line instructions for submitting in hard copy during normal business
(59 FR 7629, February 16, 1994). comments. hours at the Air Protection Division,
In addition, this proposed rule, B. Email: campbell.dave@epa.gov. U.S. Environmental Protection Agency,
C. Mail: EPA–R03–OAR–2014–0833,
concerning a determination of Region III, 1650 Arch Street,
David Campbell, Associate Director,
attainment for the 1997 8-hour ozone Philadelphia, Pennsylvania 19103.
Office of Permits and Air Toxics,
NAAQS for the Baltimore Area, does not Copies of the State submittal are
Mailcode 3AP10, U.S. Environmental
have tribal implications as specified by available at the Maryland Department of
Protection Agency, Region III, 1650
Executive Order 13175 (65 FR 67249, the Environment, 1800 Washington
Arch Street, Philadelphia, Pennsylvania
November 9, 2000), because the State 19103. Boulevard, Suite 705, Baltimore,
Implementation Plan (SIP) is not D. Hand Delivery: At the previously- Maryland 21230.
approved to apply in Indian country listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
located in the state, and EPA notes that deliveries are only accepted during the David Talley, (215) 814–2117, or by
it will not impose substantial direct Docket’s normal hours of operation, and email at talley.david@epa.gov.
costs on tribal governments or preempt special arrangements should be made SUPPLEMENTARY INFORMATION:
tribal law. for deliveries of boxed information.
Instructions: Direct your comments to I. Background
List of Subjects in 40 CFR Part 52
Docket ID No. EPA–R03–OAR–2014– On August 22, 2013, MDE submitted
Environmental protection, Air 0833. EPA’s policy is that all comments a SIP revision request to EPA. This SIP
pollution control, Incorporation by received will be included in the public revision request, if approved, would
reference, Intergovernmental relations, docket without change, and may be revise Maryland’s currently approved
Incorporation by reference, Ozone, made available online at nonattainment NSR program by
Reporting and recordkeeping www.regulations.gov, including any amending Regulation .01 under section
requirements. personal information provided, unless 26.11.01 of the Code of Maryland
Authority: 42 U.S.C. 7401 et seq. the comment includes information Regulations (COMAR), and Regulations
Dated: March 9, 2015. claimed to be Confidential Business .01 and .02 under COMAR 26.11.17.
William C. Early, Information (CBI) or other information Generally, the revisions incorporate
Acting Regional Administrator, Region III.
whose disclosure is restricted by statute. provisions related to the 2008
Do not submit information that you ‘‘Implementation of the New Source
[FR Doc. 2015–06731 Filed 3–24–15; 8:45 am]
consider to be CBI or otherwise Review (NSR) Program for Particulate
BILLING CODE 6560–50–P
protected through www.regulations.gov Matter Less than 2.5 Micrometers
or email. The www.regulations.gov Web (PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR
site is an ‘‘anonymous access’’ system, 28321 (May 16, 2008). The 2008 NSR
ENVIRONMENTAL PROTECTION
which means EPA will not know your PM2.5 rule: (1) Required NSR permits to
AGENCY
identity or contact information unless address directly emitted PM2.5 and
40 CFR Part 52 you provide it in the body of your precursor pollutants; (2) established
comment. If you send an email significant emission rates for direct
[EPA–R03–OAR–2014–0833; FRL–9924–97– comment directly to EPA without going PM2.5 and precursor pollutants
Region–3] through www.regulations.gov, your (including sulfur dioxide (SO2) and
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Approval and Promulgation of Air email address will be automatically oxides of nitrogen (NOX)); (3)
Quality Implementation Plans; captured and included as part of the established PM2.5 emission offsets; and
Maryland; Preconstruction comment that is placed in the public (4) required states to account for gases
Requirements—Nonattainment New docket and made available on the that condense to form particles
Source Review Internet. If you submit an electronic (condensables) in PM2.5 emission limits.
comment, EPA recommends that you Additionally, the 2008 NSR PM2.5
AGENCY: Environmental Protection include your name and other contact Rule authorized states to adopt
Agency (EPA). information in the body of your provisions in their nonattainment NSR
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To implement these provisions, generally available electronically Order 13175 (65 FR 67249, November 9,
Maryland amended Regulation .01 through www.regulations.gov and/or in 2000), because the SIP is not approved
under COMAR 26.11.01 (General hard copy at the appropriate EPA office to apply in Indian country located in the
Administrative Provisions) and (see the ADDRESSES section of this state, and EPA notes that it will not
Regulations .01 and .02 under COMAR preamble for more information). impose substantial direct costs on tribal
26.11.17 (Nonattainment Provisions for governments or preempt tribal law.
Major New Sources and Major V. Statutory and Executive Order
Modifications). The general definitions Reviews List of Subjects in 40 CFR Part 52
at COMAR 26.11.01.01 were amended to Under the CAA, the Administrator is Environmental protection, Air
add definitions of ‘‘PM2.5’’ and ‘‘PM2.5 required to approve a SIP submission pollution control, Carbon monoxide,
emissions.’’ COMAR 26.11.17 contains that complies with the provisions of the Incorporation by reference,
the preconstruction requirements for CAA and applicable Federal regulations. Intergovernmental relations, Lead,
new major stationary sources and major 42 U.S.C. 7410(k); 40 CFR 52.02(a). Nitrogen dioxide, Ozone, Particulate
modifications locating in nonattainment Thus, in reviewing SIP submissions, matter, Reporting and recordkeeping
areas. The definitions of ‘‘regulated NSR EPA’s role is to approve state choices, requirements, Sulfur oxides, Volatile
pollutant’’ and ‘‘significant’’ under provided that they meet the criteria of organic compounds.
COMAR 26.11.17.01 were amended. the CAA. Accordingly, this action Authority: 42 U.S.C. 7401 et seq.
The amended definitions require that merely approves state law as meeting
sources account for the condensable Federal requirements and does not Dated: March 9, 2015.
fraction of PM10 and PM2.5, require that impose additional requirements beyond William C. Early,
NOX and SO2 be regulated as precursors those imposed by state law. For that Acting Regional Administrator, Region III.
to PM10 and PM2.5, and establish reason, this proposed action: [FR Doc. 2015–06729 Filed 3–24–15; 8:45 am]
significant emission rates (SERs) for • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
PM2.5 and its precursors. COMAR action’’ subject to review by the Office
26.11.17.02 was revised to specify that of Management and Budget under
all of the major nonattainment NSR Executive Order 12866 (58 FR 51735, FEDERAL COMMUNICATIONS
preconstruction requirements of the October 4, 1993); COMMISSION
chapter are applicable to new major • does not impose an information
stationary sources and major collection burden under the provisions 47 CFR Parts 1 and 73
modifications that are major for PM2.5 or of the Paperwork Reduction Act (44
its precursors. COMAR 26.11.17.02 was U.S.C. 3501 et seq.); [AU Docket No. 15–3; DA 15–25]
also revised to clarify that in addition to • is certified as not having a
the requirements of that chapter, the significant economic impact on a Auction of FM Broadcast Construction
Prevention of Significant Deterioration substantial number of small entities Permits Scheduled for July 23, 2015;
(PSD) requirements of COMAR under the Regulatory Flexibility Act (5 Comment Sought on Competitive
26.11.04.16 may also apply to sources U.S.C. 601 et seq.); Bidding Procedures for Auction 98
locating in nonattainment areas. • does not contain any unfunded AGENCY: Federal Communications
mandate or significantly or uniquely Commission.
III. Proposed Action affect small governments, as described
EPA’s review of this material ACTION: Proposed rule; proposed auction
in the Unfunded Mandates Reform Act
indicates that the proposed revisions procedures; comment sought.
of 1995 (Pub. L. 104–4);
comply with the nonattainment NSR • does not have Federalism SUMMARY: The Wireless
program requirements of the CAA and implications as specified in Executive Telecommunications and Media
its implementing regulations (including Order 13132 (64 FR 43255, August 10, Bureaus (the Bureaus) announce the
the 2008 NSR PM2.5 Rule) that are 1999); auction of certain FM broadcast
applicable in Maryland at this time. • is not an economically significant construction permits. This document
EPA is therefore proposing to approve regulatory action based on health or also seeks comment on competitive
MDE’s August 22, 2013 submittal as a safety risks subject to Executive Order bidding procedures for Auction 98.
revision to the Maryland SIP. EPA is 13045 (62 FR 19885, April 23, 1997);
DATES: Comments are due on or before
soliciting public comments on the • is not a significant regulatory action
issues discussed in this document. subject to Executive Order 13211 (66 FR April 1, 2015, and reply comments are
These comments will be considered 28355, May 22, 2001); due on or before April 8, 2015. Bidding
before taking final action. • is not subject to requirements of for construction permits in Auction 98
Section 12(d) of the National is scheduled to begin on July 23, 2015.
IV. Incorporation by Reference Technology Transfer and Advancement ADDRESSES: Interested parties may
In this proposed action, the EPA is Act of 1995 (15 U.S.C. 272 note) because submit comments to the Auction 98
proposing to include in a final EPA rule, application of those requirements would Request for Comment by any of the
regulatory text that includes be inconsistent with the CAA; and following methods:
incorporation by reference. In • does not provide EPA with the • FCC’s Web site: Federal
accordance with requirements of 1 CFR discretionary authority to address, as Communication Commission’s
51.5, the EPA is proposing to appropriate, disproportionate human Electronic Comment Filing System
mstockstill on DSK4VPTVN1PROD with PROPOSALS
incorporate by reference amendments to health or environmental effects, using (ECFS): http://fjallfoss.fcc.gov/ecfs2/.
Regulation .01 under COMAR 26.11.01 practicable and legally permissible Follow the instructions for submitting
(General Administrative Provisions) and methods, under Executive Order 12898 comments.
Regulations .01 and .02 under COMAR (59 FR 7629, February 16, 1994). • Mail: FCC Headquarters, 445 12th
26.11.17 (Nonattainment Provisions for In addition, this proposed rule, relating Street SW., Room TW–A325,
Major New Sources and Major to Maryland’s nonattainment NSR Washington, DC 20554.
Modifications). The EPA has made, and program, does not have tribal • People With Disabilities: To request
will continue to make, these documents implications as specified by Executive materials in accessible formats for
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Document Created: 2018-02-21 09:49:06
Document Modified: 2018-02-21 09:49:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before April 24, 2015. | |
| Contact | David Talley, (215) 814-2117, or by email at [email protected] | |
| FR Citation | 80 FR 15713 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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