81_FR_26217 81 FR 26133 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; State Board Requirements

81 FR 26133 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; State Board Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 84 (May 2, 2016)

Page Range26133-26135
FR Document2016-09438

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The SIP revision removes the current SIP approved state board requirements and replaces them with an updated version of the requirements. The new provisions continue to address state board requirements for all the National Ambient Air Quality Standards (NAAQS). The revision is being done because the Maryland legislature revised Maryland's statutory requirements related to state boards and the State wants the most recent version in its SIP. EPA is approving these revisions to state board requirements in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 84 (Monday, May 2, 2016)
[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26133-26135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0127; FRL-9945-44-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Maryland State Implementation 
Plan (SIP). The SIP revision removes the current SIP approved state 
board requirements and replaces them with an updated version of the 
requirements. The new provisions continue to address state board 
requirements for all the National Ambient Air Quality Standards 
(NAAQS). The revision is being done because the Maryland legislature 
revised Maryland's statutory requirements related to state boards and 
the State wants the most recent version in its SIP. EPA is approving 
these revisions to state board requirements in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 1, 2016 without further notice, 
unless EPA receives adverse written comment by June 1, 2016. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0127 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 128 of the CAA requires SIPs to comply with requirements 
for state boards. Section 128(a) requires SIPs to contain provisions 
that: (1) Any board or body which approves permits or enforcement 
orders under the CAA shall have at least a majority of its members 
represent the public interest and not derive any significant portion of 
their income from persons subject to permits or enforcement orders 
under the CAA; and (2) any potential conflict of interest by members of 
such board or body or the head of an executive agency with similar 
powers be adequately disclosed. The requirements of section 128(a)(1) 
are not applicable to Maryland because it does not have any board or 
body which approves air quality permits or enforcement orders. The 
requirements of section 128(a)(2), however, are applicable because the 
heads of the Maryland Department of the Environment (MDE) and the 
Maryland Public Service Commission (PSC) or their designees approve 
permits or enforcement orders.

II. Summary of SIP Revision

    On February 17, 2016, the State of Maryland submitted a formal 
revision (#16-03) to its SIP. The SIP revision submittal requests EPA 
to remove the currently approved state board statutory provisions and 
replace them in the Maryland SIP with the updated statutory provisions 
so that the SIP includes the most recent state statutes that are 
applicable to the section 128 CAA requirements pertaining to state 
boards.
    On December 6, 2013 (78 FR 73442), EPA approved a Maryland SIP 
revision which addressed the requirements of section 128 of the CAA. 
The 2013 revision incorporated portions of the Annotated Code of 
Maryland Title 15 (Public Ethics) into the Maryland SIP. Subsequently, 
Maryland made revisions to its Annotated Code which included relocating 
the ethics provisions from Title 15 to Title 5, as well as minor 
wording changes. Maryland is requesting that EPA remove the previously 
approved portions of Title 15 from its SIP and replace those provisions 
with the most recent portions of the Annotated Code of Maryland Title 5 
(Maryland Public Ethics Laws) which address CAA section 128 
requirements. The Secretary of MDE and the state employees subordinate 
to that position, as well as state employees at the PSC are subject to 
the requirements of Title 5.
    EPA is removing the previously approved portions of Title 15, 
including these portions of: Subtitle 1, sections 15-102 and 15-103; 
and subtitle 6, sections 15-601, 15-602, 15-607, and 15-608. In order 
to continue to meet the requirements of CAA section 128, EPA is 
incorporating as requested by Maryland the relevant ethics provisions 
of Title 5 (Maryland Public Ethics Laws) including portions of: 
Subtitle 1, sections 5-101, 5-103; Subtitle 2, section 5-208; Subtitle 
5, section 5-501; and Subtitle 6, sections 5-601, 5-602, 5-606, 5-607, 
and 5-608. The State effective date for all these provisions in Title 5 
of the Maryland Annotated Code subsections is October 1, 2014.

III. EPA's Analysis of Maryland's SIP Revision

    Section 128(a)(2) requires that each state SIP demonstrate that the 
head of all boards, bodies or heads of executive agencies which approve 
CAA permits or enforcement orders disclose any potential conflicts of 
interest. The Secretary of MDE or his/her designee approves all CAA 
permits or enforcement orders in Maryland with the exception of pre-
construction permits for electric generating stations that receive a 
Certificate of Public Convenience and Necessity (CPCN) from the PSC. 
MDE is an executive agency that acts through its Secretary or a 
delegated subordinate employee. The PSC also acts through its 
Commissioners or delegated subordinates to approve permits. In the 
February 17, 2016 SIP revision submittal, Maryland requested removal of 
outdated provisions of Title 15 of the Annotated Code which address 
disclosure of conflicts of interest as required by section 128 of the 
CAA and submitted recently revised provisions of Title 5 of the 
Annotated Code of Maryland for inclusion into the SIP as required to 
continue to address

[[Page 26134]]

requirements in section 128 of the CAA. Title 5 of the Annotated Code 
of Maryland applies to state employees including the head of the 
Maryland executive agencies or their delegatees who approve CAA permits 
or enforcement orders and requires the disclosure of relevant financial 
information including the disclosure of any potential conflicts of 
interest. The February 17, 2016 SIP revision submittal reflects 
existing Maryland law and demonstrates that Maryland complies with the 
requirements of section 128 of the CAA through the Maryland Title 5 
requirements for adequate disclosure of potential conflicts of 
interest. The revisions made only minor wording changes to the Maryland 
disclosure of conflict of interest provisions and moved these 
disclosure provisions from Title 15 to Title 5 of the Annotated Code.

IV. Final Action

    EPA is approving Maryland's SIP revision that removes outdated 
state board provisions addressing disclosure of conflicts of interest 
by persons or entities within Maryland who approve permits and 
enforcement orders with recently revised and currently effective 
similar statutory provisions also addressing state board requirements 
for section 128 of the CAA including disclosure of conflicts of 
interest. EPA is publishing this rule without prior proposal because 
EPA views this as a noncontroversial amendment and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is publishing a separate document that will serve 
as the proposal to approve the SIP revision if adverse comments are 
filed. This rule will be effective on July 1, 2016 without further 
notice unless EPA receives adverse comment by June 1, 2016. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

V. 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 relevant portions of Title 5 of the Annotated Code of 
Maryland as described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
may be viewed at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 July 1, 2016. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the

[[Page 26135]]

comment in the proposed rulemaking action. This action updating the 
Maryland SIP provisions to address state board requirements in section 
128 of the CAA for all the NAAQS 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 8, 2016,
Shawn M. Garvin,
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:
0
a. Removing the entries under heading ``State Government Article of the 
Annotated Code of Maryland'' for Sections 15-102, 15-103, 15-601, 15-
602, 15-607, 15-608; and
0
b. Adding entries under heading ``State Government Article Annotated 
Code of Maryland'' for Sections 5-101, 5-103, 5-208, 5-501, 5-601, 5-
602, 5-606, 5-607, and 5-608.
    The additions read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
    Annotated Code of Maryland                               State                               explanation/
             Citation                 Title/subject     effective date   EPA approval date    citation at 40 CFR
                                                                                                   52.1100
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           State Government Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 5-101 (a),(e),(f),         Definitions........        10/01/14  05/02/16 [Insert     Added; addresses
 (g)(1)and (2), (h), (i), (j),                                           Federal Register     CAA section 128.
 (m), (n), (p), (s),(t),(bb),                                            citation].
 (ff),(gg), (ll).
Section 5-103(a) through (c).....  Designation of             10/01/14  05/02/16 [Insert     Added; addresses
                                    Individuals as                       Federal Register     CAA section 128.
                                    Public Officials.                    citation].
Section 5-208(a).................  Determination of           10/01/14  05/02/16 [Insert     Added; addresses
                                    public official in                   Federal Register     CAA section 128.
                                    executive agency.                    citation].
Section 5-501(a) and (c).........  Restrictions on            10/01/14  05/02/16 [Insert     Added; addresses
                                    participation.                       Federal Register     CAA section 128.
                                                                         citation].
Section 5-601(a).................  Individuals                10/01/14  05/02/16 [Insert     Added; addresses
                                    required to file                     Federal Register     CAA section 128.
                                    statement.                           citation].
Section 5-602(a).................  Financial                  10/01/14  05/02/16 [Insert     Added; addresses
                                    Disclosure                           Federal Register     CAA section 128.
                                    Statement--Filing                    citation].
                                    Requirements.
Section 5-606(a).................  Public Records.....        10/01/14  05/02/16 [Insert     Added; addresses
                                                                         Federal Register     CAA section 128.
                                                                         citation].
Section 5-607(a) through (j).....  Content of                 10/01/14  05/02/16 [Insert     Added; addresses
                                    statements.                          Federal Register     CAA section 128.
                                                                         citation].
Section 5-608(a) through (c).....  Interests                  10/01/14  05/02/16 [Insert     Added; addresses
                                    attributable to                      Federal Register     CAA section 128.
                                    individual filing                    citation].
                                    statement.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-09438 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                          26133

                                                ‘‘Counseling Psychologist (CP) or                       accompanied by a written comment.                     section 128 of the CAA. The 2013
                                                Vocational Rehabilitation Counselor                     The written comment is considered the                 revision incorporated portions of the
                                                (VRC)’’.                                                official comment and should include                   Annotated Code of Maryland Title 15
                                                [FR Doc. 2016–10112 Filed 4–29–16; 8:45 am]             discussion of all points you wish to                  (Public Ethics) into the Maryland SIP.
                                                BILLING CODE 8320–01–P
                                                                                                        make. The EPA will generally not                      Subsequently, Maryland made revisions
                                                                                                        consider comments or comment                          to its Annotated Code which included
                                                                                                        contents located outside of the primary               relocating the ethics provisions from
                                                                                                        submission (i.e. on the web, cloud, or                Title 15 to Title 5, as well as minor
                                                ENVIRONMENTAL PROTECTION
                                                                                                        other file sharing system). For                       wording changes. Maryland is
                                                AGENCY
                                                                                                        additional submission methods, please                 requesting that EPA remove the
                                                40 CFR Part 52                                          contact the person identified in the ‘‘For            previously approved portions of Title 15
                                                                                                        Further Information Contact’’ section.                from its SIP and replace those
                                                [EPA–R03–OAR–2016–0127; FRL–9945–44–                    For the full EPA public comment policy,               provisions with the most recent portions
                                                Region 3]                                                                                                     of the Annotated Code of Maryland Title
                                                                                                        information about CBI or multimedia
                                                                                                        submissions, and general guidance on                  5 (Maryland Public Ethics Laws) which
                                                Approval and Promulgation of Air
                                                                                                        making effective comments, please visit               address CAA section 128 requirements.
                                                Quality Implementation Plans;
                                                                                                        http://www2.epa.gov/dockets/                          The Secretary of MDE and the state
                                                Maryland; State Board Requirements
                                                                                                        commenting-epa-dockets.                               employees subordinate to that position,
                                                AGENCY: Environmental Protection                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              as well as state employees at the PSC are
                                                Agency (EPA).                                           Ruth Knapp, (215) 814–2191, or by                     subject to the requirements of Title 5.
                                                ACTION: Direct final rule.
                                                                                                                                                                 EPA is removing the previously
                                                                                                        email at knapp.ruth@epa.gov.
                                                                                                                                                              approved portions of Title 15, including
                                                                                                        SUPPLEMENTARY INFORMATION:                            these portions of: Subtitle 1, sections
                                                SUMMARY:    The Environmental Protection
                                                Agency (EPA) is taking direct final                     I. Background                                         15–102 and 15–103; and subtitle 6,
                                                action to approve revisions to the                                                                            sections 15–601, 15–602, 15–607, and
                                                                                                           Section 128 of the CAA requires SIPs               15–608. In order to continue to meet the
                                                Maryland State Implementation Plan
                                                                                                        to comply with requirements for state                 requirements of CAA section 128, EPA
                                                (SIP). The SIP revision removes the
                                                                                                        boards. Section 128(a) requires SIPs to               is incorporating as requested by
                                                current SIP approved state board
                                                                                                        contain provisions that: (1) Any board                Maryland the relevant ethics provisions
                                                requirements and replaces them with an
                                                                                                        or body which approves permits or                     of Title 5 (Maryland Public Ethics Laws)
                                                updated version of the requirements.
                                                                                                        enforcement orders under the CAA shall                including portions of: Subtitle 1,
                                                The new provisions continue to address
                                                                                                        have at least a majority of its members               sections 5–101, 5–103; Subtitle 2,
                                                state board requirements for all the
                                                                                                        represent the public interest and not                 section 5–208; Subtitle 5, section 5–501;
                                                National Ambient Air Quality Standards
                                                                                                        derive any significant portion of their               and Subtitle 6, sections 5–601, 5–602,
                                                (NAAQS). The revision is being done
                                                                                                        income from persons subject to permits                5–606, 5–607, and 5–608. The State
                                                because the Maryland legislature
                                                                                                        or enforcement orders under the CAA;                  effective date for all these provisions in
                                                revised Maryland’s statutory
                                                                                                        and (2) any potential conflict of interest            Title 5 of the Maryland Annotated Code
                                                requirements related to state boards and
                                                                                                        by members of such board or body or                   subsections is October 1, 2014.
                                                the State wants the most recent version
                                                                                                        the head of an executive agency with
                                                in its SIP. EPA is approving these                                                                            III. EPA’s Analysis of Maryland’s SIP
                                                                                                        similar powers be adequately disclosed.
                                                revisions to state board requirements in                                                                      Revision
                                                                                                        The requirements of section 128(a)(1)
                                                accordance with the requirements of the
                                                                                                        are not applicable to Maryland because                   Section 128(a)(2) requires that each
                                                Clean Air Act (CAA).
                                                                                                        it does not have any board or body                    state SIP demonstrate that the head of
                                                DATES: This rule is effective on July 1,                which approves air quality permits or                 all boards, bodies or heads of executive
                                                2016 without further notice, unless EPA                 enforcement orders. The requirements                  agencies which approve CAA permits or
                                                receives adverse written comment by                     of section 128(a)(2), however, are                    enforcement orders disclose any
                                                June 1, 2016. If EPA receives such                      applicable because the heads of the                   potential conflicts of interest. The
                                                comments, it will publish a timely                      Maryland Department of the                            Secretary of MDE or his/her designee
                                                withdrawal of the direct final rule in the              Environment (MDE) and the Maryland                    approves all CAA permits or
                                                Federal Register and inform the public                  Public Service Commission (PSC) or                    enforcement orders in Maryland with
                                                that the rule will not take effect.                     their designees approve permits or                    the exception of pre-construction
                                                ADDRESSES: Submit your comments,                        enforcement orders.                                   permits for electric generating stations
                                                identified by Docket ID No. EPA–R03–                                                                          that receive a Certificate of Public
                                                OAR–2016–0127 at http://                                II. Summary of SIP Revision                           Convenience and Necessity (CPCN)
                                                www.regulations.gov, or via email to                      On February 17, 2016, the State of                  from the PSC. MDE is an executive
                                                fernandez.cristina@epa.gov. For                         Maryland submitted a formal revision                  agency that acts through its Secretary or
                                                comments submitted at Regulations.gov,                  (#16–03) to its SIP. The SIP revision                 a delegated subordinate employee. The
                                                follow the online instructions for                      submittal requests EPA to remove the                  PSC also acts through its Commissioners
                                                submitting comments. Once submitted,                    currently approved state board statutory              or delegated subordinates to approve
                                                comments cannot be edited or removed                    provisions and replace them in the                    permits. In the February 17, 2016 SIP
                                                from Regulations.gov. For either manner                 Maryland SIP with the updated                         revision submittal, Maryland requested
                                                of submission, the EPA may publish any                  statutory provisions so that the SIP                  removal of outdated provisions of Title
mstockstill on DSK3G9T082PROD with RULES




                                                comment received to its public docket.                  includes the most recent state statutes               15 of the Annotated Code which address
                                                Do not submit electronically any                        that are applicable to the section 128                disclosure of conflicts of interest as
                                                information you consider to be                          CAA requirements pertaining to state                  required by section 128 of the CAA and
                                                confidential business information (CBI)                 boards.                                               submitted recently revised provisions of
                                                or other information whose disclosure is                  On December 6, 2013 (78 FR 73442),                  Title 5 of the Annotated Code of
                                                restricted by statute. Multimedia                       EPA approved a Maryland SIP revision                  Maryland for inclusion into the SIP as
                                                submissions (audio, video, etc.) must be                which addressed the requirements of                   required to continue to address


                                           VerDate Sep<11>2014   17:39 Apr 29, 2016   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\02MYR1.SGM   02MYR1


                                                26134                 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations

                                                requirements in section 128 of the CAA.                 V. Incorporation by Reference                            • is not subject to requirements of
                                                Title 5 of the Annotated Code of                           In this rulemaking action, the EPA is              Section 12(d) of the National
                                                Maryland applies to state employees                     finalizing regulatory text that includes              Technology Transfer and Advancement
                                                including the head of the Maryland                                                                            Act of 1995 (15 U.S.C. 272 note) because
                                                                                                        incorporation by reference. In
                                                executive agencies or their delegatees                                                                        application of those requirements would
                                                                                                        accordance with requirements of 1 CFR
                                                who approve CAA permits or                                                                                    be inconsistent with the CAA; and
                                                                                                        51.5, the EPA is finalizing the                          • does not provide EPA with the
                                                enforcement orders and requires the                     incorporation by reference of the
                                                disclosure of relevant financial                                                                              discretionary authority to address, as
                                                                                                        relevant portions of Title 5 of the                   appropriate, disproportionate human
                                                information including the disclosure of                 Annotated Code of Maryland as                         health or environmental effects, using
                                                any potential conflicts of interest. The                described in the amendments to 40 CFR                 practicable and legally permissible
                                                February 17, 2016 SIP revision                          part 52 set forth below. The EPA has                  methods, under Executive Order 12898
                                                submittal reflects existing Maryland law                made, and will continue to make, these                (59 FR 7629, February 16, 1994).
                                                and demonstrates that Maryland                          documents generally available                            In addition, this rule does not have
                                                complies with the requirements of                       electronically through                                tribal implications as specified by
                                                section 128 of the CAA through the                      www.regulations.gov and/or may be                     Executive Order 13175 (65 FR 67249,
                                                Maryland Title 5 requirements for                       viewed at the appropriate EPA office                  November 9, 2000), because the SIP is
                                                adequate disclosure of potential                        (see the ADDRESSES section of this                    not approved to apply in Indian country
                                                conflicts of interest. The revisions made               preamble for more information).                       located in the state, and EPA notes that
                                                only minor wording changes to the                       VI. Statutory and Executive Order                     it will not impose substantial direct
                                                Maryland disclosure of conflict of                      Reviews                                               costs on tribal governments or preempt
                                                interest provisions and moved these                                                                           tribal law.
                                                disclosure provisions from Title 15 to                  A. General Requirements
                                                                                                                                                              B. Submission to Congress and the
                                                Title 5 of the Annotated Code.                             Under the CAA, the Administrator is                Comptroller General
                                                IV. Final Action                                        required to approve a SIP submission
                                                                                                                                                                 The Congressional Review Act, 5
                                                                                                        that complies with the provisions of the
                                                                                                                                                              U.S.C. 801 et seq., as added by the Small
                                                   EPA is approving Maryland’s SIP                      CAA and applicable Federal regulations.
                                                                                                                                                              Business Regulatory Enforcement
                                                revision that removes outdated state                    42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                                                                              Fairness Act of 1996, generally provides
                                                board provisions addressing disclosure                  Thus, in reviewing SIP submissions,
                                                                                                                                                              that before a rule may take effect, the
                                                of conflicts of interest by persons or                  EPA’s role is to approve state choices,
                                                                                                                                                              agency promulgating the rule must
                                                entities within Maryland who approve                    provided that they meet the criteria of
                                                                                                                                                              submit a rule report, which includes a
                                                permits and enforcement orders with                     the CAA. Accordingly, this action
                                                                                                                                                              copy of the rule, to each House of the
                                                recently revised and currently effective                merely approves state law as meeting
                                                                                                                                                              Congress and to the Comptroller General
                                                similar statutory provisions also                       federal requirements and does not
                                                                                                                                                              of the United States. EPA will submit a
                                                addressing state board requirements for                 impose additional requirements beyond
                                                                                                                                                              report containing this action and other
                                                section 128 of the CAA including                        those imposed by state law. For that
                                                                                                                                                              required information to the U.S. Senate,
                                                disclosure of conflicts of interest. EPA is             reason, this action:
                                                                                                                                                              the U.S. House of Representatives, and
                                                publishing this rule without prior                         • Is not a ‘‘significant regulatory                the Comptroller General of the United
                                                proposal because EPA views this as a                    action’’ subject to review by the Office              States prior to publication of the rule in
                                                noncontroversial amendment and                          of Management and Budget under                        the Federal Register. A major rule
                                                                                                        Executive Orders 12866 (58 FR 51735,                  cannot take effect until 60 days after it
                                                anticipates no adverse comment.
                                                                                                        October 4, 1993) and 13563 (76 FR 3821,               is published in the Federal Register.
                                                However, in the ‘‘Proposed Rules’’
                                                                                                        January 21, 2011);                                    This action is not a ‘‘major rule’’ as
                                                section of today’s Federal Register, EPA
                                                                                                           • does not impose an information                   defined by 5 U.S.C. 804(2).
                                                is publishing a separate document that
                                                                                                        collection burden under the provisions
                                                will serve as the proposal to approve the                                                                     C. Petitions for Judicial Review
                                                                                                        of the Paperwork Reduction Act (44
                                                SIP revision if adverse comments are                    U.S.C. 3501 et seq.);
                                                filed. This rule will be effective on July                                                                       Under section 307(b)(1) of the CAA,
                                                                                                           • is certified as not having a                     petitions for judicial review of this
                                                1, 2016 without further notice unless                   significant economic impact on a
                                                EPA receives adverse comment by June                                                                          action must be filed in the United States
                                                                                                        substantial number of small entities                  Court of Appeals for the appropriate
                                                1, 2016. If EPA receives adverse                        under the Regulatory Flexibility Act (5               circuit by July 1, 2016. Filing a petition
                                                comment, EPA will publish a timely                      U.S.C. 601 et seq.);                                  for reconsideration by the Administrator
                                                withdrawal in the Federal Register                         • does not contain any unfunded                    of this final rule does not affect the
                                                informing the public that the rule will                 mandate or significantly or uniquely                  finality of this action for the purposes of
                                                not take effect. EPA will address all                   affect small governments, as described                judicial review nor does it extend the
                                                public comments in a subsequent final                   in the Unfunded Mandates Reform Act                   time within which a petition for judicial
                                                rule based on the proposed rule. EPA                    of 1995 (Pub. L. 104–4);                              review may be filed, and shall not
                                                will not institute a second comment                        • does not have federalism                         postpone the effectiveness of such rule
                                                period on this action. Any parties                      implications as specified in Executive                or action. Parties with objections to this
                                                interested in commenting must do so at                  Order 13132 (64 FR 43255, August 10,                  direct final rule are encouraged to file a
                                                this time. Please note that if EPA                      1999);                                                comment in response to the parallel
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                                                receives adverse comment on an                             • is not an economically significant               notice of proposed rulemaking for this
                                                amendment, paragraph, or section of                     regulatory action based on health or                  action published in the proposed rules
                                                this rule and if that provision may be                  safety risks subject to Executive Order               section of today’s Federal Register,
                                                severed from the remainder of the rule,                 13045 (62 FR 19885, April 23, 1997);                  rather than file an immediate petition
                                                EPA may adopt as final those provisions                    • is not a significant regulatory action           for judicial review of this direct final
                                                of the rule that are not the subject of an              subject to Executive Order 13211 (66 FR               rule, so that EPA can withdraw this
                                                adverse comment.                                        28355, May 22, 2001);                                 direct final rule and address the


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                                                                        Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations                                                                      26135

                                                comment in the proposed rulemaking                              Dated: April 8, 2016,                                          ■  a. Removing the entries under heading
                                                action. This action updating the                              Shawn M. Garvin,                                                 ‘‘State Government Article of the
                                                Maryland SIP provisions to address                            Regional Administrator, Region III.                              Annotated Code of Maryland’’ for
                                                state board requirements in section 128                                                                                        Sections 15–102, 15–103, 15–601, 15–
                                                of the CAA for all the NAAQS may not                              40 CFR part 52 is amended as follows:                        602, 15–607, 15–608; and
                                                be challenged later in proceedings to
                                                                                                              PART 52—APPROVAL AND                                             ■ b. Adding entries under heading
                                                enforce its requirements. (See section
                                                307(b)(2).)                                                   PROMULGATION OF                                                  ‘‘State Government Article Annotated
                                                                                                              IMPLEMENTATION PLANS                                             Code of Maryland’’ for Sections 5–101,
                                                List of Subjects in 40 CFR Part 52                                                                                             5–103, 5–208, 5–501, 5–601, 5–602, 5–
                                                  Environmental protection, Air                               ■ 1. The authority citation for part 52                          606, 5–607, and 5–608.
                                                pollution control, Carbon monoxide,                           continues to read as follows:                                       The additions read as follows:
                                                Incorporation by reference,                                       Authority: 42 U.S.C. 7401 et seq.
                                                Intergovernmental relations, Lead,                                                                                             § 52.1070     Identification of plan.
                                                Nitrogen dioxide, Ozone, Particulate                          Subpart V—Maryland                                               *       *    *           *     *
                                                matter, Reporting and recordkeeping
                                                requirements, Sulfur oxides, Volatile                         ■ 2. In § 52.1070, the table in paragraph                            (c) * * *
                                                organic compounds.                                            (c) is amended by:

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


                                                           *                        *                             *                             *                         *                       *                       *

                                                                                                 State Government Article of the Annotated Code of Maryland

                                                Section 5–101 (a),(e),(f),              Definitions ..............................          10/01/14            05/02/16 [Insert Federal Reg-         Added; addresses CAA sec-
                                                  (g)(1)and (2), (h), (i), (j),                                                                                   ister citation].                      tion 128.
                                                  (m), (n), (p), (s),(t),(bb),
                                                  (ff),(gg), (ll).
                                                Section 5–103(a) through (c) ..         Designation of Individuals as                       10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                          Public Officials.                                                       ister citation].                      tion 128.
                                                Section 5–208(a) ....................   Determination of public official                    10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                          in executive agency.                                                    ister citation].                      tion 128.
                                                Section 5–501(a) and (c) ........       Restrictions on participation ..                    10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                                                                                                  ister citation].                      tion 128.
                                                Section 5–601(a) ....................   Individuals required to file                        10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                          statement.                                                              ister citation].                      tion 128.
                                                Section 5–602(a) ....................   Financial Disclosure State-                         10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                          ment—Filing Requirements.                                               ister citation].                      tion 128.
                                                Section 5–606(a) ....................   Public Records .......................              10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                                                                                                  ister citation].                      tion 128.
                                                Section 5–607(a) through (j) ...        Content of statements ...........                   10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                                                                                                  ister citation].                      tion 128.
                                                Section 5–608(a) through (c) ..         Interests attributable to indi-                     10/01/14            05/02/16 [Insert Federal   Reg-       Added; addresses   CAA sec-
                                                                                           vidual filing statement.                                               ister citation].                      tion 128.



                                                *      *       *       *      *                               which are identified and discussed later                         Docket Center (EPA/DC), West William
                                                [FR Doc. 2016–09438 Filed 4–29–16; 8:45 am]                   in this document. Interregional Research                         Jefferson Clinton Bldg., Rm. 3334, 1301
                                                BILLING CODE 6560–50–P                                        Project Number 4 (IR–4) requested these                          Constitution Ave. NW., Washington, DC
                                                                                                              tolerances under the Federal Food,                               20460–0001. The Public Reading Room
                                                                                                              Drug, and Cosmetic Act (FFDCA).                                  is open from 8:30 a.m. to 4:30 p.m.,
                                                ENVIRONMENTAL PROTECTION                                      DATES: This regulation is effective May                          Monday through Friday, excluding legal
                                                AGENCY                                                        2, 2016. Objections and requests for                             holidays. The telephone number for the
                                                                                                              hearings must be received on or before                           Public Reading Room is (202) 566–1744,
                                                40 CFR Part 180
                                                                                                              July 1, 2016, and must be filed in                               and the telephone number for the OPP
                                                [EPA–HQ–OPP–2015–0030; FRL–9942–47]                           accordance with the instructions                                 Docket is (703) 305–5805. Please review
                                                                                                              provided in 40 CFR part 178 (see also                            the visitor instructions and additional
                                                Carfentrazone-ethyl; Pesticide                                Unit I.C. of the SUPPLEMENTARY                                   information about the docket available
                                                Tolerances                                                    INFORMATION).                                                    at http://www.epa.gov/dockets.
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                                                AGENCY:  Environmental Protection                             ADDRESSES:   The docket for this action,
                                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                Agency (EPA).                                                 identified by docket identification (ID)
                                                                                                                                                                               Susan Lewis, Registration Division
                                                ACTION: Final rule.                                           number EPA–HQ–OPP–2015–0030, is
                                                                                                                                                                               (7505P), Office of Pesticide Programs,
                                                                                                              available at http://www.regulations.gov
                                                SUMMARY:   This regulation establishes                        or at the Office of Pesticide Programs                           Environmental Protection Agency, 1200
                                                tolerances for residues of Carfentrazone-                     Regulatory Public Docket (OPP Docket)                            Pennsylvania Ave. NW., Washington,
                                                ethyl in or on multiple commodities                           in the Environmental Protection Agency                           DC 20460–0001; main telephone



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Document Created: 2016-04-30 13:35:05
Document Modified: 2016-04-30 13:35:05
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
ActionDirect final rule.
DatesThis rule is effective on July 1, 2016 without further notice, unless EPA receives adverse written comment by June 1, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactRuth Knapp, (215) 814-2191, or by email at [email protected]
FR Citation81 FR 26133 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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