80_FR_40101 80 FR 39968 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Nonattainment New Source Review

80 FR 39968 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Nonattainment New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range39968-39970
FR Document2015-16918

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted on August 22, 2013 by the Maryland Department of the Environment (MDE) on behalf of the State of Maryland. This revision pertains to Maryland's major nonattainment New Source Review (NSR) program, notably preconstruction permitting requirements for sources of fine particulate matter (PM<INF>2.5</INF>). This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39968-39970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16918]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0833; FRL-9930-31-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Preconstruction Requirements--Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted on August 22, 2013 by the 
Maryland Department of the Environment (MDE) on behalf of the State of 
Maryland. 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: This final rule is effective on August 12, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2014-0833. 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 March 25, 2015 (80 FR 15713), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of revisions to Maryland's major nonattainment NSR program, 
notably preconstruction permitting requirements for sources of fine 
particulate matter (PM2.5). The formal SIP revision (#13-06) 
was submitted by MDE on August 22, 2013.
    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). As discussed in the 
NPR, 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\ However, as was also discussed in the NPR, EPA's final 
actions redesignating all of the areas in Maryland which were 
nonattainment for the 1997 PM2.5 NAAQS to attainment 
obviated the need for MDE to submit a nonattainment NSR SIP addressing 
PM2.5 requirements, including those under subpart 4. See 80 
FR 15714. EPA, therefore, did not evaluate MDE's August 22, 2013 SIP 
revision submittal for compliance with subpart 4. To the extent that 
any area in Maryland is designated as nonattainment for 
PM2.5 in the future, MDE will have to make a submittal under 
CAA section 189 addressing how its nonattainment NSR permitting program 
satisfies all of the statutory requirements pertaining to 
PM2.5, including 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.
---------------------------------------------------------------------------

II. Summary of SIP Revision

    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.
    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

[[Page 39969]]

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.
    Other specific requirements of MDE's August 22, 2013 SIP revision 
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 August 22, 2013 submittal as a revision to 
the Maryland SIP.

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 (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 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 11, 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 nonattainment 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 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations 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 entries for COMAR 26.11.01.01, 26.11.17.01, and 26.11.17.02 to read 
as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 39970]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
        Code of Maryland                                    State                                explanation/
  Administrative  Regulations        Title/subject     effective date   EPA approval  date    citation at 40 CFR
        (COMAR) citation                                                                           52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01....................  Definitions.........          7/8/13  7/13/15 [Insert
                                                                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                          26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01....................  Definitions.........          7/8/13  7/13/15 [Insert
                                                                        Federal Register
                                                                        citation].
26.11.17.02....................  Applicability.......          7/8/13  7/13/15 [Insert
                                                                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-16918 Filed 7-10-15; 8:45 am]
 BILLING CODE 6560-50-P



                                              39968               Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations

                                                Dated: June 9, 2015.                                   Number EPA–R03–OAR–2014–0833. All                         provisions of subpart 1 of part D of title
                                              Jared Blumenfeld,                                        documents in the docket are listed in                     I of the CAA (subpart 1), rather than
                                              Regional Administrator, Region IX.                       the www.regulations.gov Web site.                         pursuant to the additional
                                                                                                       Although listed in the electronic docket,                 implementation provisions specific to
                                                Part 52, chapter I, title 40 of the Code
                                                                                                       some information is not publicly                          particulate matter in subpart 4 of part D
                                              of Federal Regulations is amended as
                                                                                                       available, i.e., confidential business                    of title I (subpart 4).3 However, as was
                                              follows:
                                                                                                       information (CBI) or other information                    also discussed in the NPR, EPA’s final
                                              PART 52 [AMENDED]                                        whose disclosure is restricted by statute.                actions redesignating all of the areas in
                                                                                                       Certain other material, such as                           Maryland which were nonattainment for
                                              ■ 1. The authority citation for part 52                  copyrighted material, is not placed on                    the 1997 PM2.5 NAAQS to attainment
                                              continues to read as follows:                            the Internet and will be publicly                         obviated the need for MDE to submit a
                                                                                                       available only in hard copy form.                         nonattainment NSR SIP addressing
                                                  Authority: 42 U.S.C. 7401 et seq.
                                                                                                       Publicly available docket materials are                   PM2.5 requirements, including those
                                              Subpart F—California                                     available either electronically through                   under subpart 4. See 80 FR 15714. EPA,
                                                                                                       www.regulations.gov or in hard copy for                   therefore, did not evaluate MDE’s
                                              ■ 2. Section 52.220 is amended by                        public inspection during normal                           August 22, 2013 SIP revision submittal
                                              adding paragraph (c)(363)(i)(F) to read                  business hours at the Air Protection                      for compliance with subpart 4. To the
                                              as follows:                                              Division, U.S. Environmental Protection                   extent that any area in Maryland is
                                                                                                       Agency, Region III, 1650 Arch Street,                     designated as nonattainment for PM2.5
                                              § 52.220    Identification of plan.
                                                                                                       Philadelphia, Pennsylvania 19103.                         in the future, MDE will have to make a
                                              *     *      *    *    *                                 Copies of the State submittal are                         submittal under CAA section 189
                                                (c) * * *                                              available at the Maryland Department of                   addressing how its nonattainment NSR
                                                (363) * * *                                            the Environment, 1800 Washington                          permitting program satisfies all of the
                                                (i) * * *                                              Boulevard, Suite 705, Baltimore,                          statutory requirements pertaining to
                                                (F) South Coast Air Quality                            Maryland 21230.                                           PM2.5, including subpart 4.
                                              Management District.
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                (1) Rule 223, ‘‘Emission Reduction                                                                               II. Summary of SIP Revision
                                                                                                       David Talley, (215) 814–2117, or by
                                              Permits for Large Confined Animal                                                                                     The 2008 NSR PM2.5 Rule: (1)
                                                                                                       email at talley.david@epa.gov.
                                              Facilities,’’ adopted on June 2, 2006.                                                                             Required NSR permits to address
                                                                                                       SUPPLEMENTARY INFORMATION:
                                              *     *      *    *    *                                                                                           directly emitted PM2.5 and precursor
                                              [FR Doc. 2015–16925 Filed 7–10–15; 8:45 am]              I. Background                                             pollutants; (2) established significant
                                              BILLING CODE 6560–50–P                                      On March 25, 2015 (80 FR 15713),                       emission rates for direct PM2.5 and
                                                                                                       EPA published a notice of proposed                        precursor pollutants (including sulfur
                                                                                                       rulemaking (NPR) for the State of                         dioxide (SO2) and oxides of nitrogen
                                              ENVIRONMENTAL PROTECTION                                 Maryland. In the NPR, EPA proposed                        (NOX)); (3) established PM2.5 emission
                                              AGENCY                                                   approval of revisions to Maryland’s                       offsets; and (4) required states to
                                                                                                       major nonattainment NSR program,                          account for gases that condense to form
                                              40 CFR Part 52
                                                                                                       notably preconstruction permitting                        particles (condensables) in PM2.5
                                              [EPA–R03–OAR–2014–0833; FRL–9930–31–                     requirements for sources of fine                          emission limits.
                                              Region 3]                                                particulate matter (PM2.5). The formal                       To implement these provisions,
                                                                                                       SIP revision (#13–06) was submitted by                    Maryland amended Regulation .01
                                              Approval and Promulgation of Air                         MDE on August 22, 2013.                                   under COMAR 26.11.01 (General
                                              Quality Implementation Plans;                               Generally, the revisions incorporate                   Administrative Provisions) and
                                              Maryland; Preconstruction                                provisions related to the 2008                            Regulations .01 and .02 under COMAR
                                              Requirements—Nonattainment New                           ‘‘Implementation of the New Source                        26.11.17 (Nonattainment Provisions for
                                              Source Review                                            Review (NSR) Program for Particulate                      Major New Sources and Major
                                              AGENCY:  Environmental Protection                        Matter Less than 2.5 Micrometers                          Modifications). The general definitions
                                              Agency (EPA).                                            (PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR                    at COMAR 26.11.01.01 were amended to
                                                                                                       28321 (May 16, 2008). As discussed in                     add definitions of ‘‘PM2.5’’ and ‘‘PM2.5
                                              ACTION: Final rule.
                                                                                                       the NPR, the 2008 NSR PM2.5 Rule (as                      emissions.’’ COMAR 26.11.17 contains
                                              SUMMARY:   The Environmental Protection                  well as the 2007 ‘‘Final Clean Air Fine                   the preconstruction requirements for
                                              Agency (EPA) is approving a State                        Particle Implementation Rule’’ (2007                      new major stationary sources and major
                                              Implementation Plan (SIP) revision                       PM2.5 Implementation Rule) 1), was the                    modifications locating in nonattainment
                                              submitted on August 22, 2013 by the                      subject of litigation before the United                   areas. The definitions of ‘‘regulated NSR
                                              Maryland Department of the                               States Court of Appeals for the District                  pollutant’’ and ‘‘significant’’ under
                                              Environment (MDE) on behalf of the                       of Columbia Circuit (D.C. Circuit) in                     COMAR 26.11.17.01 were amended.
                                              State of Maryland. This revision                         Natural Resources Defense Council v.                      The amended definitions require that
                                              pertains to Maryland’s major                             EPA (hereafter, NRDC v. EPA).2 On                         sources account for the condensable
                                              nonattainment New Source Review                          January 4, 2013, the D.C. Circuit                         fraction of PM10 and PM2.5, require that
                                              (NSR) program, notably preconstruction                   remanded to EPA both the 2007 PM2.5                       NOX and SO2 be regulated as precursors
                                              permitting requirements for sources of                   Implementation Rule and the 2008 NSR                      to PM10 and PM2.5, and establish
                                                                                                       PM2.5 Rule. The court found that in both
srobinson on DSK5SPTVN1PROD with RULES




                                              fine particulate matter (PM2.5). This
                                              action is being taken under the Clean                    rules EPA erred in implementing the                         3 The court’s opinion did not specifically address


                                              Air Act (CAA).                                           1997 PM2.5 National Ambient Air                           the point that implementation under subpart 4
                                                                                                       Quality Standard (NAAQS) solely                           requirements would still require consideration of
                                              DATES: This final rule is effective on                   pursuant to the general implementation                    subpart 1 requirements, to the extent that subpart
                                              August 12, 2015.                                                                                                   4 did not override subpart 1. EPA assumes that the
                                                                                                                                                                 court presumed that EPA would address this issue
                                              ADDRESSES: EPA has established a                              1 72   FR 20586 (April 25, 2007).                    of potential overlap between subpart 1 and subpart
                                              docket for this action under Docket ID                        2 706   F.3d 428 (D.C. Cir. 2013).                   4 requirements in subsequent actions.



                                         VerDate Sep<11>2014   17:02 Jul 10, 2015   Jkt 235001   PO 00000     Frm 00028     Fmt 4700   Sfmt 4700   E:\FR\FM\13JYR1.SGM   13JYR1


                                                                  Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations                                                39969

                                              significant emission rates (SERs) for                    of Management and Budget under                        the U.S. House of Representatives, and
                                              PM2.5 and its precursors. COMAR                          Executive Order 12866 (58 FR 51735,                   the Comptroller General of the United
                                              26.11.17.02 was revised to specify that                  October 4, 1993);                                     States prior to publication of the rule in
                                              all of the major nonattainment NSR                          • does not impose an information                   the Federal Register. A major rule
                                              preconstruction requirements of the                      collection burden under the provisions                cannot take effect until 60 days after it
                                              chapter are applicable to new major                      of the Paperwork Reduction Act (44                    is published in the Federal Register.
                                              stationary sources and major                             U.S.C. 3501 et seq.);                                 This action is not a ‘‘major rule’’ as
                                              modifications that are major for PM2.5 or                   • is certified as not having a                     defined by 5 U.S.C. 804(2).
                                              its precursors. COMAR 26.11.17.02 was                    significant economic impact on a
                                                                                                       substantial number of small entities                  C. Petitions for Judicial Review
                                              also revised to clarify that in addition to
                                              the requirements of that chapter, the                    under the Regulatory Flexibility Act (5                  Under section 307(b)(1) of the CAA,
                                              Prevention of Significant Deterioration                  U.S.C. 601 et seq.);                                  petitions for judicial review of this
                                              (PSD) requirements of COMAR                                 • does not contain any unfunded                    action must be filed in the United States
                                              26.11.04.16 may also apply to sources                    mandate or significantly or uniquely                  Court of Appeals for the appropriate
                                              locating in nonattainment areas.                         affect small governments, as described                circuit by September 11, 2015. Filing a
                                                 Other specific requirements of MDE’s                  in the Unfunded Mandates Reform Act                   petition for reconsideration by the
                                              August 22, 2013 SIP revision submittal                   of 1995 (Pub. L. 104–4);                              Administrator of this final rule does not
                                              and the rationale for EPA’s proposed                        • does not have Federalism
                                                                                                                                                             affect the finality of this action for the
                                              action are explained in the NPR and                      implications as specified in Executive
                                                                                                                                                             purposes of judicial review nor does it
                                              will not be restated here. No public                     Order 13132 (64 FR 43255, August 10,
                                                                                                                                                             extend the time within which a petition
                                              comments were received on the NPR.                       1999);
                                                                                                          • is not an economically significant               for judicial review may be filed, and
                                              III. Final Action                                        regulatory action based on health or                  shall not postpone the effectiveness of
                                                                                                       safety risks subject to Executive Order               such rule or action. This action
                                                 EPA is approving MDE’s August 22,                                                                           pertaining to Maryland’s nonattainment
                                              2013 submittal as a revision to the                      13045 (62 FR 19885, April 23, 1997);
                                                                                                          • is not a significant regulatory action           NSR program may not be challenged
                                              Maryland SIP.                                                                                                  later in proceedings to enforce its
                                                                                                       subject to Executive Order 13211 (66 FR
                                              IV. Incorporation by Reference                           28355, May 22, 2001);                                 requirements. (See section 307(b)(2).)
                                                 In this rulemaking action, the EPA is                    • is not subject to requirements of                List of Subjects in 40 CFR Part 52
                                              finalizing regulatory text that includes                 Section 12(d) of the National
                                                                                                       Technology Transfer and Advancement                     Environmental protection, Air
                                              incorporation by reference. In
                                                                                                       Act of 1995 (15 U.S.C. 272 note) because              pollution control, Carbon monoxide,
                                              accordance with requirements of 1 CFR
                                                                                                       application of those requirements would               Incorporation by reference,
                                              51.5, the EPA is finalizing the
                                                                                                       be inconsistent with the CAA; and                     Intergovernmental relations, Nitrogen
                                              incorporation by reference of the MDE
                                              rules regarding definitions and                             • does not provide EPA with the                    dioxide, Ozone, Particulate matter,
                                                                                                       discretionary authority to address, as                Reporting and recordkeeping
                                              permitting requirements discussed in
                                                                                                       appropriate, disproportionate human                   requirements, Sulfur oxides, Volatile
                                              section II of this preamble. The EPA has
                                                                                                       health or environmental effects, using                organic compounds.
                                              made, and will continue to make, these
                                              documents generally available                            practicable and legally permissible                    Dated: June 26, 2015.
                                              electronically through                                   methods, under Executive Order 12898                  William C. Early,
                                              www.regulations.gov and/or in hard                       (59 FR 7629, February 16, 1994).                      Acting Regional Administrator, Region III.
                                                                                                          In addition, this rule does not have
                                              copy at the appropriate EPA office (see
                                                                                                       tribal implications as specified by                     For the reasons stated in the
                                              the ADDRESSES section of this preamble
                                                                                                       Executive Order 13175 (65 FR 67249,                   preamble, title 40, chapter I, of the Code
                                              for more information).
                                                                                                       November 9, 2000), because the SIP is                 of Federal Regulations is amended as
                                              V. Statutory and Executive Order                         not approved to apply in Indian country               follows:
                                              Reviews                                                  located in the state, and EPA notes that
                                                                                                       it will not impose substantial direct                 PART 52—APPROVAL AND
                                              A. General Requirements                                                                                        PROMULGATION OF
                                                                                                       costs on tribal governments or preempt
                                                Under the CAA, the Administrator is                    tribal law.                                           IMPLEMENTATION PLANS
                                              required to approve a SIP submission
                                              that complies with the provisions of the                 B. Submission to Congress and the                     ■ 1. The authority citation for part 52
                                              CAA and applicable Federal regulations.                  Comptroller General                                   continues to read as follows:
                                              42 U.S.C. 7410(k); 40 CFR 52.02(a).                        The Congressional Review Act, 5                         Authority: 42 U.S.C. 7401 et seq.
                                              Thus, in reviewing SIP submissions,                      U.S.C. 801 et seq., as added by the Small
                                              EPA’s role is to approve state choices,                  Business Regulatory Enforcement                       Subpart V—Maryland
                                              provided that they meet the criteria of                  Fairness Act of 1996, generally provides
                                              the CAA. Accordingly, this action                        that before a rule may take effect, the               ■ 2. In § 52.1070, the table in paragraph
                                              merely approves state law as meeting                     agency promulgating the rule must                     (c) is amended by revising the entries
                                              Federal requirements and does not                        submit a rule report, which includes a                for COMAR 26.11.01.01, 26.11.17.01,
                                              impose additional requirements beyond                    copy of the rule, to each House of the                and 26.11.17.02 to read as follows:
                                              those imposed by state law. For that                     Congress and to the Comptroller General
                                                                                                                                                             § 52.1070    Identification of plan.
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                                              reason, this action:                                     of the United States. EPA will submit a
                                                • Is not a ‘‘significant regulatory                    report containing this action and other               *       *    *      *     *
                                              action’’ subject to review by the Office                 required information to the U.S. Senate,                  (c) * * *




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                                              39970                 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations

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

                                                                                                              26.11.01        General Administrative Provisions

                                              26.11.01.01 ...............   Definitions ...................................            7/8/13        7/13/15 [Insert Federal Register
                                                                                                                                                       citation].

                                                         *                            *                           *                          *                        *                     *                     *

                                                                                               26.11.17      Requirements for Major New Sources and Modifications

                                              26.11.17.01 ...............   Definitions ...................................            7/8/13        7/13/15 [Insert Federal Register
                                                                                                                                                       citation].
                                              26.11.17.02 ...............   Applicability ................................             7/8/13        7/13/15 [Insert Federal Register
                                                                                                                                                       citation].

                                                         *                            *                           *                          *                        *                     *                     *



                                              *      *       *       *       *                                 Area, including the 2011 and 2026                           FOR FURTHER INFORMATION CONTACT:     Jane
                                              [FR Doc. 2015–16918 Filed 7–10–15; 8:45 am]                      motor vehicle emission budgets                              Spann or Tiereny Bell of the Air
                                              BILLING CODE 6560–50–P                                           (MVEBs) for nitrogen oxides (NOX) and                       Regulatory Management Section, in the
                                                                                                               volatile organic compounds (VOC); and                       Air Planning and Implementation
                                                                                                               redesignating the Area to attainment for                    Branch, Air, Pesticides and Toxics
                                              ENVIRONMENTAL PROTECTION                                         the 2008 8-hour ozone NAAQS. EPA is                         Management Division, U.S.
                                              AGENCY                                                           also finding the 2011 and 2026 MVEBs                        Environmental Protection Agency,
                                                                                                               for NOX and VOC for the Knoxville Area                      Region 4, 61 Forsyth Street SW.,
                                              40 CFR Parts 52 and 81                                           adequate for the purposes of                                Atlanta, Georgia 30303–8960. Ms.
                                              [EPA–R04–OAR–2014–0870; FRL–9930–49-                             transportation conformity.                                  Spann may be reached by phone at (404)
                                              Region 4]                                                                                                                    562–9029 or via electronic mail at
                                                                                                               DATES:     This rule is effective August 12,                spann.jane@epa.gov. Ms. Bell may be
                                              Approval and Promulgation of                                     2015.                                                       reached by phone at (404) 562–9088 or
                                              Implementation Plans and Designation                             ADDRESSES:    EPA has established a                         via electronic mail at bell.tiereny@
                                              of Areas for Air Quality Planning                                docket for this action under Docket                         epa.gov.
                                              Purposes; Tennessee; Redesignation                               Identification No. EPA–R04–OAR–                             SUPPLEMENTARY INFORMATION:
                                              of the Knoxville 2008 8-Hour Ozone                               2014–0870. All documents in the docket
                                              Nonattainment Area to Attainment                                 are listed on the www.regulations.gov                       I. Background for Final Actions
                                              AGENCY:  Environmental Protection                                Web site. Although listed in the index,                        On May 21, 2012, EPA designated
                                              Agency (EPA).                                                    some information may not be publicly                        areas as unclassifiable/attainment or
                                              ACTION: Final rule.
                                                                                                               available, i.e., Confidential Business                      nonattainment for the 2008 8-hour
                                                                                                               Information or other information whose                      ozone NAAQS that was promulgated on
                                              SUMMARY:   The Environmental Protection                          disclosure is restricted by statute.                        March 27, 2008. See 77 FR 30088. The
                                              Agency (EPA) is taking four separate                             Certain other material, such as                             Knoxville Area was designated as
                                              final actions related to a state                                 copyrighted material, is not placed on                      nonattainment for the 2008 8-hour
                                              implementation plan (SIP) revision                               the Internet and will be publicly                           ozone NAAQS and classified as a
                                              submitted by the State of Tennessee,                             available only in hard copy form.                           marginal nonattainment area. On
                                              through the Tennessee Department of                              Publicly available docket materials are                     November 14, 2014, TDEC requested
                                              Environment and Conservation (TDEC),                             available either electronically through                     that EPA redesignate the Area to
                                              Division of Air Pollution Control, on                            www.regulations.gov or in hard copy at                      attainment for the 2008 8-hour ozone
                                              November 14, 2014, for the Knoxville,                            the Air Regulatory Management Section                       NAAQS and submitted a SIP revision
                                              Tennessee 8-hour ozone nonattainment                             (formerly the Regulatory Development                        containing a base year emissions
                                              area (hereinafter referred to as the                             Section), Air Planning and                                  inventory for the Area to address the
                                              ‘‘Knoxville Area’’ or ‘‘Area’’). The                             Implementation Branch (formerly the                         requirements of Clean Air Act (CAA or
                                              Knoxville Area includes a portion of                             Air Planning Branch), Air, Pesticides                       Act) section 182(a)(1) and the State’s
                                              Anderson County as well as Blount and                            and Toxics Management Division, U.S.                        plan for maintaining attainment of the
                                              Knox Counties in their entireties. EPA is                        Environmental Protection Agency,                            2008 8-hour ozone standard in the Area,
                                              approving the base year emissions                                Region 4, 61 Forsyth Street SW.,                            including the 2011 and 2026 MVEBs for
                                              inventory for the 2008 8-hour ozone                              Atlanta, Georgia 30303–8960. EPA                            NOX and VOC. In a notice of proposed
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                                              national ambient air quality standards                           requests that if at all possible, you                       rulemaking (NPR) published on May 21,
                                              (NAAQS) for the Knoxville Area;                                  contact the person listed in the FOR                        2015, EPA proposed to approve the base
                                              determining that the Knoxville Area is                           FURTHER INFORMATION CONTACT section to                      year emissions inventory for the 2008 8-
                                              attaining the 2008 8-hour ozone                                  schedule your inspection. The Regional                      hour ozone NAAQS for the Knoxville
                                              NAAQS; approving into the SIP the                                Office’s official hours of business are                     Area; to determine that the Knoxville
                                              State’s plan for maintaining attainment                          Monday through Friday, 8:30 a.m. to                         Area is attaining the 2008 8-hour ozone
                                              of the 2008 8-hour ozone NAAQS in the                            4:30 p.m., excluding Federal holidays.                      NAAQS; to approve into the SIP the


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Document Created: 2018-02-23 09:17:54
Document Modified: 2018-02-23 09:17:54
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 12, 2015.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation80 FR 39968 
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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