80_FR_38531 80 FR 38403 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements

80 FR 38403 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38403-38405
FR Document2015-16386

The Environmental Protection Agency (EPA) is approving a January 24, 2013 State Implementation Plan (SIP) revision submitted for the State of Maryland by the Maryland Department of the Environment (MDE). This revision pertains to preconstruction permitting requirements under Maryland's minor New Source Review (NSR) program. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38403-38405]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16386]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0225; FRL-9930-08-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Minor New Source Review Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
January 24, 2013 State Implementation Plan (SIP) revision submitted for 
the State of Maryland by the Maryland Department of the Environment 
(MDE). This revision pertains to preconstruction permitting 
requirements under Maryland's minor New Source Review (NSR) program. 
This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on August 5, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0225. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard 
copy for public inspection 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 April 29, 2015 (80 FR 23756), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of revisions to MDE's minor NSR program. The formal SIP 
revision (#12-10) was submitted by MDE on behalf of the State of 
Maryland on January 24, 2013.
    The revision consists of amendments to Regulation .09 under section 
26.11.02 of the Code of Maryland Regulations (COMAR). An amendment to 
COMAR 26.11.01.01 inadvertently widened the universe of sources that 
are required to obtain a permit to construct under COMAR 26.11.02.09. 
The previously approved version of COMAR 26.11.02.09A(4) requires that 
any ``National Emission Standards for Hazardous Air Pollutants Source 
(NESHAP Source) as defined in section 26.11.01.01 . . .'' obtain a 
permit to construct. The definition of NESHAP Source at COMAR 
26.11.01.01B(21) was amended and simplified (specifically, 
26.11.01.01B(21)(b)), effective March 5, 2012.\1\ The revised 
definition had the unintended consequence of requiring that all sources 
subject to the NESHAP obtain a permit to construct, even the small 
emission sources which had previously been exempt under section 
26.11.02.10. The proposed revision to section 26.11.02.09A(4) allows 
MDE to retain the exemptions for smaller sources as originally intended 
and already approved in the Maryland SIP. Additionally, Regulations 
.09A(3) and .09A(4) under section 26.11.02 were revised to clarify that 
electric generating stations that meet the definitions of New Source 
Performance Standard (NSPS) sources and NESHAP sources are exempt from 
MDE permitting requirements only if they receive a Certificate of 
Public Convenience and Necessity (CPCN) from the Maryland Public 
Service Commission (PSC).
---------------------------------------------------------------------------

    \1\ It should be noted that COMAR 26.11.01.01B(21) is not part 
of the Maryland SIP.
---------------------------------------------------------------------------

II. Summary of SIP Revision

    COMAR 26.11.02.09A(4) has been revised to specify that NESHAP 
sources ``. . . as defined by COMAR 26.11.01.01B(21)(a),'' are required 
to obtain a permit to construct. This corrects the unintended 
consequence of applying MDE permitting requirements to emission sources 
that would otherwise be exempt. COMAR 26.11.02.09A(6) will continue to 
require that all sources not explicitly exempt are required to obtain a 
permit to construct. Additionally, as previously discussed, Regulations 
.09A(3) and .09A(4) under section 26.11.02 have been revised to clarify 
that electric generating stations that meet the definitions of NSPS 
sources and NESHAP sources are exempt from permitting requirements only 
if they receive a CPCN from the Maryland PSC.

[[Page 38404]]

The revisions were effective in Maryland on July 8, 2013.
    As was noted in the NPR, limited approval was previously granted to 
a Maryland SIP revision that included amendments to COMAR 26.11.02.09. 
See 77 FR 6963 (February 10, 2012). The reasons for that limited 
approval are unrelated to this action, and do not prevent EPA from 
granting full approval to amendments to section 26.11.02.09 contained 
in the January 24, 2013 submittal. That limited approval remains in 
effect.
    Other specific requirements of MDE's January 24, 2013 submittal and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving MDE's January 24, 2013 submittal as a revision to 
the Maryland SIP. This action is being taken in accordance with CAA 
section 110.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the MDE rules regarding definitions and permitting 
requirements discussed in section II of this preamble. 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

A. General Requirements

    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 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 (Public Law 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 rule 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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 4, 2015. 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 pertaining to Maryland's minor NSR program may not 
be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 22, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended 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. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR 26.11.02.09. The revised text reads as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 38405]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
 Code of Maryland Administrative                             State                               explanation/
   Regulations (COMAR) citation       Title/subject     effective date   EPA approval date    Citation at 40 CFR
                                                                                                   52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.02.09......................  Sources Subject to           7/8/13  7/6/15 [Insert       .09A(3) and .09A(4)
                                    Permits to                           Federal Register     are amended.
                                    Construct.                           citation].           Limited approval
                                                                                              remains in effect.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-16386 Filed 7-2-15; 8:45 am]
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                                                                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations                                     38403

                                           This action is not a ‘‘major rule’’ as                   ENVIRONMENTAL PROTECTION                   (#12–10) was submitted by MDE on
                                           defined by 5 U.S.C. 804(2).                              AGENCY                                     behalf of the State of Maryland on
                                              Under section 307(b)(1) of the Clean                                                             January 24, 2013.
                                           Air Act, petitions for judicial review of                40 CFR Part 52                                 The revision consists of amendments
                                           this action must be filed in the United                                                             to Regulation .09 under section 26.11.02
                                                                                                    [EPA–R03–OAR–2015–0225; FRL–9930–08–
                                           States Court of Appeals for the                          Region 3]                                  of the Code of Maryland Regulations
                                           appropriate circuit by September 4,                                                                 (COMAR). An amendment to COMAR
                                           2015. Filing a petition for                              Approval and Promulgation of Air           26.11.01.01 inadvertently widened the
                                           reconsideration by the Administrator of                  Quality Implementation Plans;              universe of sources that are required to
                                           this final rule does not affect the finality             Maryland; Minor New Source Review          obtain a permit to construct under
                                           of this action for the purposes of judicial              Requirements                               COMAR 26.11.02.09. The previously
                                           review nor does it extend the time                                                                  approved version of COMAR
                                           within which a petition for judicial                     AGENCY: Environmental Protection           26.11.02.09A(4) requires that any
                                           review may be filed, and shall not                       Agency (EPA).                              ‘‘National Emission Standards for
                                           postpone the effectiveness of such rule                  ACTION: Final rule.                        Hazardous Air Pollutants Source
                                           or action. Parties with objections to this                                                          (NESHAP Source) as defined in section
                                                                                                    SUMMARY: The Environmental Protection 26.11.01.01 . . .’’ obtain a permit to
                                           direct final rule are encouraged to file a
                                           comment in response to the parallel                      Agency (EPA) is approving a January 24, construct. The definition of NESHAP
                                           notice of proposed rulemaking for this                   2013 State Implementation Plan (SIP)       Source at COMAR 26.11.01.01B(21) was
                                           action published in the proposed rules                   revision submitted for the State of        amended and simplified (specifically,
                                           section of this Federal Register, rather                 Maryland by the Maryland Department        26.11.01.01B(21)(b)), effective March 5,
                                           than file an immediate petition for                      of the Environment (MDE). This             2012.1 The revised definition had the
                                           judicial review of this direct final rule,               revision pertains to preconstruction       unintended consequence of requiring
                                           so that EPA can withdraw this direct                     permitting requirements under              that all sources subject to the NESHAP
                                           final rule and address the comment in                    Maryland’s minor New Source Review         obtain a permit to construct, even the
                                           the proposed rulemaking. This action                     (NSR) program. This action is being        small emission sources which had
                                           may not be challenged later in                           taken under the Clean Air Act (CAA).       previously been exempt under section
                                           proceedings to enforce its requirements.                 DATES: This final rule is effective on     26.11.02.10. The proposed revision to
                                           (See CAA section 307(b)(2).)                             August 5, 2015.                            section 26.11.02.09A(4) allows MDE to
                                                                                                    ADDRESSES: EPA has established a           retain the exemptions for smaller
                                           List of Subjects in 40 CFR Part 52                                                                  sources as originally intended and
                                                                                                    docket for this action under Docket ID
                                             Environmental protection, Air                          Number EPA–R03–OAR–2015–0225. All already approved in the Maryland SIP.
                                           pollution control, Incorporation by                      documents in the docket are listed in      Additionally, Regulations .09A(3) and
                                           reference, Intergovernmental relations,                  the www.regulations.gov Web site.          .09A(4) under section 26.11.02 were
                                           Oxides of nitrogen, Ozone, Volatile                      Although listed in the electronic docket, revised to clarify that electric generating
                                           organic compounds.                                       some information is not publicly           stations that meet the definitions of New
                                             Dated: June 19, 2015.                                  available, i.e., confidential business     Source Performance Standard (NSPS)
                                                                                                    information (CBI) or other information     sources and NESHAP sources are
                                           Susan Hedman,
                                           Regional Administrator, Region 5.                        whose disclosure is restricted by statute. exempt from MDE permitting
                                                                                                    Certain other material, such as            requirements only if they receive a
                                               40 CFR part 52 is amended as follows:                copyrighted material, is not placed on     Certificate of Public Convenience and
                                                                                                    the Internet and will be publicly          Necessity (CPCN) from the Maryland
                                           PART 52—APPROVAL AND                                                                                Public Service Commission (PSC).
                                                                                                    available only in hard copy form.
                                           PROMULGATION OF
                                                                                                    Publicly available docket materials are    II. Summary of SIP Revision
                                           IMPLEMENTATION PLANS
                                                                                                    available either electronically through
                                                                                                                                                   COMAR 26.11.02.09A(4) has been
                                           ■ 1. The authority citation for part 52                  www.regulations.gov or in hard copy for
                                                                                                                                               revised to specify that NESHAP sources
                                           continues to read as follows:                            public inspection during normal
                                                                                                                                               ‘‘. . . as defined by COMAR
                                                                                                    business hours at the Air Protection
                                               Authority: 42 U.S.C. 7401 et seq.                                                               26.11.01.01B(21)(a),’’ are required to
                                                                                                    Division, U.S. Environmental Protection
                                                                                                                                               obtain a permit to construct. This
                                           ■ 2. Section 52.2585 is amended by                       Agency, Region III, 1650 Arch Street,
                                                                                                                                               corrects the unintended consequence of
                                           adding paragraph (cc) to read as follows:                Philadelphia, Pennsylvania 19103.
                                                                                                                                               applying MDE permitting requirements
                                                                                                    Copies of the State submittal are
                                           § 52.2585    Control strategy: Ozone.                                                               to emission sources that would
                                                                                                    available at the Maryland Department of
                                                                                                                                               otherwise be exempt. COMAR
                                           *     *     *     *     *                                the Environment, 1800 Washington
                                                                                                                                               26.11.02.09A(6) will continue to require
                                             (cc) Approval—On January 16, 2015,                     Boulevard, Suite 705, Baltimore,
                                                                                                                                               that all sources not explicitly exempt
                                           the State of Wisconsin submitted a                       Maryland 21230.
                                                                                                                                               are required to obtain a permit to
                                           revision to its State Implementation                     FOR FURTHER INFORMATION CONTACT:           construct. Additionally, as previously
                                           Plan for Sheboygan County, Wisconsin.                    David Talley, (215) 814–2117, or by        discussed, Regulations .09A(3) and
                                           The submittal established new Motor                      email at talley.david@epa.gov.             .09A(4) under section 26.11.02 have
                                           Vehicle Emissions Budgets (MVEB) for                     SUPPLEMENTARY INFORMATION:                 been revised to clarify that electric
                                           Volatile Organic Compounds (VOC) and
                                                                                                    I. Background                              generating stations that meet the
                                           Oxides of Nitrogen (NOX) for the year
                                                                                                                                               definitions of NSPS sources and
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                                           2015. The MVEBs for Sheboygan County                        On April 29, 2015 (80 FR 23756), EPA NESHAP sources are exempt from
                                           are now: 1.972 tons per day of VOC                       published a notice of proposed             permitting requirements only if they
                                           emissions and 4.435 tons per day of                      rulemaking (NPR) for the State of          receive a CPCN from the Maryland PSC.
                                           NOX emissions for the year 2015.                         Maryland. In the NPR, EPA proposed
                                           [FR Doc. 2015–16396 Filed 7–2–15; 8:45 am]               approval of revisions to MDE’s minor          1 It should be noted that COMAR

                                           BILLING CODE 6560–50–P                                   NSR program. The formal SIP revision       26.11.01.01B(21) is not part of the Maryland SIP.



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                                           38404                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations

                                           The revisions were effective in                             • Is not a ‘‘significant regulatory                of the United States. EPA will submit a
                                           Maryland on July 8, 2013.                                action’’ subject to review by the Office              report containing this action and other
                                             As was noted in the NPR, limited                       of Management and Budget under                        required information to the U.S. Senate,
                                           approval was previously granted to a                     Executive Order 12866 (58 FR 51735,                   the U.S. House of Representatives, and
                                           Maryland SIP revision that included                      October 4, 1993);                                     the Comptroller General of the United
                                           amendments to COMAR 26.11.02.09.                            • does not impose an information                   States prior to publication of the rule in
                                           See 77 FR 6963 (February 10, 2012). The                  collection burden under the provisions                the Federal Register. A major rule
                                           reasons for that limited approval are                    of the Paperwork Reduction Act (44                    cannot take effect until 60 days after it
                                           unrelated to this action, and do not                     U.S.C. 3501 et seq.);                                 is published in the Federal Register.
                                           prevent EPA from granting full approval                     • is certified as not having a                     This action is not a ‘‘major rule’’ as
                                           to amendments to section 26.11.02.09                     significant economic impact on a                      defined by 5 U.S.C. 804(2).
                                           contained in the January 24, 2013                        substantial number of small entities
                                                                                                    under the Regulatory Flexibility Act (5               C. Petitions for Judicial Review
                                           submittal. That limited approval
                                           remains in effect.                                       U.S.C. 601 et seq.);                                     Under section 307(b)(1) of the CAA,
                                                                                                       • does not contain any unfunded                    petitions for judicial review of this
                                             Other specific requirements of MDE’s                   mandate or significantly or uniquely
                                           January 24, 2013 submittal and the                                                                             action must be filed in the United States
                                                                                                    affect small governments, as described                Court of Appeals for the appropriate
                                           rationale for EPA’s proposed action are                  in the Unfunded Mandates Reform Act
                                           explained in the NPR and will not be                                                                           circuit by September 4, 2015. Filing a
                                                                                                    of 1995 (Public Law 104–4);                           petition for reconsideration by the
                                           restated here. No public comments were                      • does not have Federalism
                                           received on the NPR.                                                                                           Administrator of this final rule does not
                                                                                                    implications as specified in Executive                affect the finality of this action for the
                                           III. Final Action                                        Order 13132 (64 FR 43255, August 10,                  purposes of judicial review nor does it
                                                                                                    1999);                                                extend the time within which a petition
                                             EPA is approving MDE’s January 24,                        • is not an economically significant               for judicial review may be filed, and
                                           2013 submittal as a revision to the                      regulatory action based on health or                  shall not postpone the effectiveness of
                                           Maryland SIP. This action is being taken                 safety risks subject to Executive Order               such rule or action. This action
                                           in accordance with CAA section 110.                      13045 (62 FR 19885, April 23, 1997);                  pertaining to Maryland’s minor NSR
                                           IV. Incorporation by Reference                              • is not a significant regulatory action           program may not be challenged later in
                                                                                                    subject to Executive Order 13211 (66 FR               proceedings to enforce its requirements.
                                              In this rulemaking action, the EPA is                 28355, May 22, 2001);                                 (See section 307(b)(2).)
                                           finalizing regulatory text that includes                    • is not subject to requirements of
                                           incorporation by reference. In                           Section 12(d) of the National                         List of Subjects in 40 CFR Part 52
                                           accordance with requirements of 1 CFR                    Technology Transfer and Advancement                     Environmental protection, Air
                                           51.5, the EPA is finalizing the                          Act of 1995 (15 U.S.C. 272 note) because              pollution control, Carbon monoxide,
                                           incorporation by reference of the MDE                    application of those requirements would               Incorporation by reference,
                                           rules regarding definitions and                          be inconsistent with the CAA; and                     Intergovernmental relations, Nitrogen
                                           permitting requirements discussed in                        • does not provide EPA with the
                                                                                                                                                          dioxide, Ozone, Particulate matter,
                                           section II of this preamble. The EPA has                 discretionary authority to address, as
                                                                                                                                                          Reporting and recordkeeping
                                           made, and will continue to make, these                   appropriate, disproportionate human
                                                                                                                                                          requirements, Sulfur oxides, Volatile
                                           documents generally available                            health or environmental effects, using
                                                                                                                                                          organic compounds.
                                           electronically through                                   practicable and legally permissible
                                           www.regulations.gov and/or in hard                       methods, under Executive Order 12898                   Dated: June 22, 2015.
                                           copy at the appropriate EPA office (see                  (59 FR 7629, February 16, 1994).                      William C. Early,
                                           the ADDRESSES section of this preamble                      In addition, this rule does not have               Acting, Regional Administrator, Region III.
                                           for more information).                                   tribal implications as specified by
                                                                                                                                                              40 CFR part 52 is amended as follows:
                                                                                                    Executive Order 13175 (65 FR 67249,
                                           V. Statutory and Executive Order                         November 9, 2000), because the SIP is                 PART 52—APPROVAL AND
                                           Reviews                                                  not approved to apply in Indian country               PROMULGATION OF
                                           A. General Requirements                                  located in the state, and EPA notes that              IMPLEMENTATION PLANS
                                                                                                    it will not impose substantial direct
                                             Under the CAA, the Administrator is                    costs on tribal governments or preempt                ■ 1. The authority citation for part 52
                                           required to approve a SIP submission                     tribal law.                                           continues to read as follows:
                                           that complies with the provisions of the
                                                                                                    B. Submission to Congress and the                         Authority: 42 U.S.C. 7401 et seq.
                                           CAA and applicable Federal regulations.
                                           42 U.S.C. 7410(k); 40 CFR 52.02(a).                      Comptroller General
                                                                                                                                                          Subpart V—Maryland
                                           Thus, in reviewing SIP submissions,                        The Congressional Review Act, 5
                                           EPA’s role is to approve state choices,                  U.S.C. 801 et seq., as added by the Small             ■ 2. In § 52.1070, the table in paragraph
                                           provided that they meet the criteria of                  Business Regulatory Enforcement                       (c) is amended by revising the entry for
                                           the CAA. Accordingly, this action                        Fairness Act of 1996, generally provides              COMAR 26.11.02.09. The revised text
                                           merely approves state law as meeting                     that before a rule may take effect, the               reads as follows:
                                           Federal requirements and does not                        agency promulgating the rule must
                                           impose additional requirements beyond                    submit a rule report, which includes a                § 52.1070    Identification of plan.
                                           those imposed by state law. For that                     copy of the rule, to each House of the                *       *    *      *     *
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                                           reason, this action:                                     Congress and to the Comptroller General                   (c) * * *




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                                                                  Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations                                                               38405

                                                              EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
                                            Code of Maryland
                                              Administrative                                                            State effective                                                        Additional explanation/
                                                                                        Title/subject                                                     EPA approval date
                                               Regulations                                                                   date                                                           Citation at 40 CFR 52.1100
                                            (COMAR) citation


                                                      *                            *                           *                          *                        *                       *                   *

                                                                                                        26.11.02        Permits, Approvals, and Registration


                                                    *                        *                 *                                       *                         *                         *                    *
                                           26.11.02.09 ...........    Sources Subject to Permits to                               7/8/13        7/6/15 [Insert Federal Register          .09A(3) and .09A(4) are amend-
                                                                        Construct.                                                                citation].                               ed. Limited approval remains in
                                                                                                                                                                                           effect.

                                                      *                            *                           *                          *                        *                       *                   *



                                           *      *       *       *       *
                                           [FR Doc. 2015–16386 Filed 7–2–15; 8:45 am]
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Document Created: 2015-12-15 13:17:53
Document Modified: 2015-12-15 13:17:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 5, 2015.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation80 FR 38403 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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