82_FR_45735 82 FR 45547 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard

82 FR 45547 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range45547-45548
FR Document2017-20837

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Maryland Department of the Environment (MDE) on behalf of the State of Maryland in response to EPA's February 3, 2017 Findings of Failure to Submit for various requirements relating to the 2008 8-hour ozone national ambient air quality standards (NAAQS). This SIP revision is specific to nonattainment new source review (NNSR) requirements. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed description of the state submittal and EPA's evaluation is included in a technical support document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document or is also available electronically within the Docket for this rulemaking action. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Proposed Rules]
[Pages 45547-45548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20837]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0398; FRL-9968-50-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Nonattainment New Source Review Requirements for the 2008 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the state implementation plan (SIP) revision submitted by the Maryland 
Department of the Environment (MDE) on behalf of the State of Maryland 
in response to EPA's February 3, 2017 Findings of Failure to Submit for 
various requirements relating to the 2008 8-hour ozone national ambient 
air quality standards (NAAQS). This SIP revision is specific to 
nonattainment new source review (NNSR) requirements. In the Final Rules 
section of this Federal Register, EPA is approving the State's SIP 
submittal as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. A detailed description of the state submittal and 
EPA's evaluation is included in a technical support document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document or is also available electronically 
within the Docket for this rulemaking action. If no adverse comments 
are received in response to this action, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in

[[Page 45548]]

a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time.

DATES: Comments must be received in writing by October 30, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0398 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. 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: Mrs. Amy Johansen, (215) 814-2156, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the ``Rules and Regulations'' section of this 
Federal Register publication.

    Dated: September 14, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-20837 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules                                              45547

                                                      www.environment.fhwa.dot.gov/4f/                        moderate impact criteria in the FRA                   PART 622—ENVIRONMENTAL IMPACT
                                                      4fnationwideevals.asp.                                  guidelines for high-speed transportation              AND RELATED PROCEDURES
                                                      *     *    *     *     *                                noise and vibration impact assessment;
                                                      ■ 21. Amend § 774.13 by revising                                                                              ■ 27. Revise authority citation for part
                                                                                                              *      *     *     *    *
                                                      paragraph (a) to read as follows:                                                                             622 to read as follows:
                                                                                                              ■ 23. Amend § 774.17 by revising the
                                                                                                              definitions for ‘‘Administration’’ and                  Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C.
                                                      § 774.13   Exceptions.                                                                                        303 and 5323(q); 23 U.S.C. 139 and 326; Pub.
                                                                                                              ‘‘CE’’ to read as follows:
                                                      *       *    *      *     *                                                                                   L. 109–59, 119 Stat. 1144, Sections 6002 and
                                                         (a) The use of historic transportation               § 774.17    Definitions.                              6010; 40 CFR parts 1500–1508; 49 CFR 1.81;
                                                      facilities in certain circumstances:                                                                          Pub. L. 112–141, 126 Stat. 405, Sections
                                                                                                              *     *     *     *     *
                                                         (1) Common post-1945 concrete or                                                                           1315, 1316, 1317, 1318, and 1319; and Pub.
                                                                                                                 Administration. The FHWA, FRA, or                  L. 114–94, 129 Stat. 1312, Sections 1314 and
                                                      steel bridges and culverts that are                     FTA, whichever is approving the
                                                      exempt from individual review under                                                                           1432.
                                                                                                              transportation program or project at
                                                      54 U.S.C. 306108.                                                                                             [FR Doc. 2017–20565 Filed 9–27–17; 11:15 am]
                                                                                                              issue. A reference herein to the
                                                         (2) Improvement of railroad or rail                  Administration means the State when                   BILLING CODE 4910–22–P
                                                      transit lines that are in use or were                   the State is functioning as the FHWA,
                                                      historically used for the transportation                FRA, or FTA in carrying out
                                                      of goods or passengers, including, but                  responsibilities delegated or assigned to             ENVIRONMENTAL PROTECTION
                                                      not limited to, maintenance,                            the State in accordance with 23 U.S.C.                AGENCY
                                                      preservation, rehabilitation, operation,                325, 326, 327, or other applicable law.
                                                      modernization, reconstruction, and                                                                            40 CFR Part 52
                                                      replacement of elements of such                         *     *     *     *     *
                                                                                                                 CE. Refers to a Categorical Exclusion,             [EPA–R03–OAR–2017–0398; FRL–9968–50–
                                                      railroad or rail transit lines except for:                                                                    Region 3]
                                                         (i) Stations;                                        which is an action with no individual
                                                         (ii) Bridges or tunnels on railroad                  or cumulative significant environmental               Approval and Promulgation of Air
                                                      lines that have been abandoned or                       effect pursuant to 40 CFR 1508.4 and                  Quality Implementation Plans;
                                                      transit lines not in use over which                     § 771.116, § 771.117, or § 771.118 of this            Maryland; Nonattainment New Source
                                                      regular service has never operated, and                 chapter; unusual circumstances are                    Review Requirements for the 2008
                                                      that have not been railbanked or                        taken into account in making categorical              8-Hour Ozone Standard
                                                      otherwise reserved for the                              exclusion determinations.
                                                      transportation of goods or passengers;                  *     *     *     *     *                             AGENCY:  Environmental Protection
                                                      and                                                                                                           Agency (EPA).
                                                                                                              Title 49—Transportation
                                                         (iii) Historic sites unrelated to the                                                                      ACTION: Proposed rule.
                                                      railroad or rail transit lines.                         PART 264—ENVIRONMENTAL IMPACT
                                                         (3) Restoration, rehabilitation, or                                                                        SUMMARY:    The Environmental Protection
                                                                                                              AND RELATED PROCEDURES                                Agency (EPA) proposes to approve the
                                                      maintenance of other types of historic
                                                      transportation facilities, if the                       ■ 24. Revise the authority citation for               state implementation plan (SIP) revision
                                                      Administration concludes, as a result of                part 264 to read as follows:                          submitted by the Maryland Department
                                                      the consultation under 36 CFR 800.5,                                                                          of the Environment (MDE) on behalf of
                                                                                                                Authority: 42 U.S.C. 4321 et seq.; 49
                                                      that:                                                   U.S.C. 303; 23 U.S.C. 139; 40 CFR parts 1500          the State of Maryland in response to
                                                         (i) Such work will not adversely affect              through 1508; 49 CFR 1.81; Pub. L. 112–141,           EPA’s February 3, 2017 Findings of
                                                      the historic qualities of the facility that             126 Stat. 405, Section 1319; and Pub. L. 114–         Failure to Submit for various
                                                      caused it to be on or eligible for the                  94, 129 Stat. 1312, Sections 1432 and 11502.          requirements relating to the 2008 8-hour
                                                      National Register; and                                                                                        ozone national ambient air quality
                                                                                                              ■ 25. Revise the heading for part 264 to
                                                         (ii) The official(s) with jurisdiction                                                                     standards (NAAQS). This SIP revision is
                                                                                                              read as set forth above.
                                                      over the Section 4(f) resource have not                                                                       specific to nonattainment new source
                                                                                                              ■ 26. Revise § 264.101 to read as
                                                      objected to the Administration                                                                                review (NNSR) requirements. In the
                                                                                                              follows:
                                                      conclusion in paragraph (a)(3)(i) of this                                                                     Final Rules section of this Federal
                                                      section.                                                § 264.101 Procedures for complying with               Register, EPA is approving the State’s
                                                      *       *    *      *     *                             the surface transportation project delivery           SIP submittal as a direct final rule
                                                                                                              program application requirements and                  without prior proposal because the
                                                      ■ 22. Amend § 774.15 by revising
                                                                                                              termination.                                          Agency views this as a noncontroversial
                                                      paragraph (f)(2) to read as follows:
                                                                                                                 The procedures for complying with                  submittal and anticipates no adverse
                                                      § 774.15   Constructive use determinations.             the National Environmental Policy Act                 comments. A detailed description of the
                                                      *      *     *    *     *                               of 1969, as amended (42 U.S.C. 4321 et                state submittal and EPA’s evaluation is
                                                        (f) * * *                                             seq.), and related statutes, regulations,             included in a technical support
                                                        (2) For projected noise levels:                       and orders are set forth in part 771 of               document (TSD) prepared in support of
                                                        (i) The impact of projected traffic                   title 23 of the Code of Federal                       this rulemaking action. A copy of the
                                                      noise levels of the proposed highway                    Regulations. The procedures for                       TSD is available, upon request, from the
                                                      project on a noise-sensitive activity do                complying with 49 U.S.C. 303,                         EPA Regional Office listed in the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      not exceed the FHWA noise abatement                     commonly known as ‘‘Section 4(f),’’ are               ADDRESSES section of this document or
                                                      criteria as contained in Table 1 in part                set forth in part 774 of title 23 of the              is also available electronically within
                                                      772 of this chapter; or                                 Code of Federal Regulations. The                      the Docket for this rulemaking action. If
                                                        (ii) The projected operational noise                  procedures for complying with the                     no adverse comments are received in
                                                      levels of the proposed transit or railroad              surface transportation project delivery               response to this action, no further
                                                      project do not exceed the noise impact                  program application requirements and                  activity is contemplated. If EPA receives
                                                      criteria for a Section 4(f) activity in the             termination are set forth in part 773 of              adverse comments, the direct final rule
                                                      FTA guidelines for transit noise and                    title 23 of the Code of Federal                       will be withdrawn and all public
                                                      vibration impact assessment or the                      Regulations.                                          comments received will be addressed in


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                                                      45548                 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Proposed Rules

                                                      a subsequent final rule based on this                   ENVIRONMENTAL PROTECTION                              FOR FURTHER INFORMATION CONTACT:
                                                      proposed rule. EPA will not institute a                 AGENCY                                                Jeffrey Buss, EPA Region IX, (415) 947–
                                                      second comment period. Any parties                                                                            4152, buss.jeffrey@epa.gov.
                                                      interested in commenting on this action                 40 CFR Part 52                                        SUPPLEMENTARY INFORMATION:
                                                      should do so at this time.                                                                                    Throughout this document, ‘‘we,’’ ‘‘us’’
                                                                                                              [EPA–R09–OAR–2017–0383; FRL–9968–31–                  and ‘‘our’’ refer to the EPA.
                                                      DATES: Comments must be received in                     Region 9]
                                                      writing by October 30, 2017.                                                                                  Table of Contents
                                                      ADDRESSES:   Submit your comments,                      Approval of California Air Plan                       I. The State’s Submittal
                                                      identified by Docket ID No. EPA–R03–                    Revisions; Anti-Idling Regulations                       A. What rule did the State submit?
                                                                                                                                                                       B. Are there other versions of this rule?
                                                      OAR–2017–0398 at http://                                AGENCY:  Environmental Protection                        C. What is the purpose of the submitted
                                                      www.regulations.gov, or via email to                    Agency (EPA).                                               rule?
                                                      aquino.marcos@epa.gov. For comments                     ACTION: Proposed rule.                                II. The EPA’s Evaluation and Action
                                                      submitted at Regulations.gov, follow the                                                                         A. How is the EPA evaluating the rule?
                                                      online instructions for submitting                                                                               B. Does the rule meet the evaluation
                                                                                                              SUMMARY:    The Environmental Protection
                                                                                                                                                                          criteria?
                                                      comments. Once submitted, comments                      Agency (EPA) is proposing to approve a                   C. Public Comment and Proposed Action
                                                      cannot be edited or removed from                        revision to the California State                      III. Incorporation by Reference
                                                      Regulations.gov. For either manner of                   Implementation Plan (SIP). This                       IV. Statutory and Executive Order Reviews
                                                      submission, the EPA may publish any                     revision concerns emissions of volatile
                                                      comment received to its public docket.                  organic compounds (VOCs), oxides of                   I. The State’s Submittal
                                                      Do not submit electronically any                        nitrogen (NOX) and particulate matter                 A. What rule did the State submit?
                                                      information you consider to be                          (PM) from the idling of diesel-powered
                                                                                                                                                                       This proposal addresses subsections
                                                      confidential business information (CBI)                 trucks. We are proposing to approve
                                                                                                                                                                    (c)(1)(A) and (c)(1)(B) of Title 13
                                                      or other information whose disclosure is                portions of a state rule to regulate these
                                                                                                                                                                    California Code of Regulations (CCR)
                                                      restricted by statute. Multimedia                       emission sources under the Clean Air
                                                                                                                                                                    Section 2485, ‘‘Airborne Toxic Control
                                                      submissions (audio, video, etc.) must be                Act (CAA or the Act). We are taking
                                                                                                                                                                    Measure to Limit Diesel-Fueled
                                                      accompanied by a written comment.                       comments on this proposal and plan to
                                                                                                                                                                    Commercial Motor Vehicle Idling’’
                                                      The written comment is considered the                   follow with a final action.
                                                                                                                                                                    (collectively, ‘‘Idling Restrictions’’). The
                                                      official comment and should include                     DATES: Any comments must arrive by                    California Air Resources Board (CARB)
                                                      discussion of all points you wish to                    October 30, 2017.                                     adopted Section 2485 on September 1,
                                                      make. EPA will generally not consider                   ADDRESSES: Submit your comments,                      2006, and submitted the Idling
                                                      comments or comment contents located                    identified by Docket ID No. EPA–R09–                  Restrictions and other portions of
                                                      outside of the primary submission (i.e.                 OAR–2017–0383 at https://                             Section 2485 to the EPA on December
                                                      on the web, cloud, or other file sharing                www.regulations.gov, or via email to                  9, 2011. On May 9, 2012, this submittal
                                                      system). For additional submission                      Jeffrey Buss, Rulemaking Office at                    was deemed by operation of law to meet
                                                      methods, please contact the person                      Buss.Jeffrey@epa.gov. For comments                    the completeness criteria in 40 CFR part
                                                      identified in the FOR FURTHER                           submitted at Regulations.gov, follow the              51 Appendix V, which must be met
                                                      INFORMATION CONTACT section. For the                    online instructions for submitting                    before formal EPA review.
                                                      full EPA public comment policy,                         comments. Once submitted, comments                    B. Are there other versions of this rule?
                                                      information about CBI or multimedia                     cannot be removed or edited from
                                                                                                              Regulations.gov. For either manner of                   There are no previous versions of the
                                                      submissions, and general guidance on                                                                          Idling Restrictions. However, other
                                                      making effective comments, please visit                 submission, the EPA may publish any
                                                                                                              comment received to its public docket.                portions of 13 CCR 2485 were subject to
                                                      http://www2.epa.gov/dockets/                                                                                  a CAA section 209 waiver requirement,1
                                                      commenting-epa-dockets.                                 Do not submit electronically any
                                                                                                              information you consider to be                        and were previously approved into the
                                                      FOR FURTHER INFORMATION CONTACT:  Mrs.                  Confidential Business Information (CBI)               California SIP.2
                                                      Amy Johansen, (215) 814–2156, or by                     or other information whose disclosure is              C. What is the purpose of the submitted
                                                      email at johansen.amy@epa.gov.                          restricted by statute. Multimedia                     rule?
                                                                                                              submissions (audio, video, etc.) must be
                                                      SUPPLEMENTARY INFORMATION:      For                     accompanied by a written comment.                       The Idling Restrictions were adopted
                                                      further information, please see the                     The written comment is considered the                 to reduce emissions of NOX, reactive
                                                      information provided in the direct final                official comment and should include                   organic gases 3 (ROG) and PM.4 NOX
                                                      action, with the same title, that is                    discussion of all points you wish to                  and VOCs help produce ground-level
                                                      located in the ‘‘Rules and Regulations’’                make. The EPA will generally not                      ozone, smog and PM, which harm
                                                      section of this Federal Register                        consider comments or comment                            1 See   77 FR 9239 (February 16, 2012).
                                                      publication.                                            contents located outside of the primary                 2 See   81 FR 39423, 39443 (June 16, 2016).
                                                        Dated: September 14, 2017.                            submission (i.e. on the web, cloud, or                   3 CARB uses the term ROG to refer to a class of
                                                                                                              other file sharing system). For
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      Cecil Rodrigues,                                                                                              VOCs that are sufficiently reactive with sources of
                                                                                                              additional submission methods, please                 oxygen molecules such as NOX, and carbon
                                                      Acting Regional Administrator, Region III.                                                                    monoxide (CO) in the atmosphere in the presence
                                                                                                              contact the person identified in the FOR
                                                      [FR Doc. 2017–20837 Filed 9–28–17; 8:45 am]                                                                   of sunlight. In contrast, the EPA uses the term
                                                                                                              FURTHER INFORMATION CONTACT section.                  VOCs, but exempts certain VOCs that are non-
                                                      BILLING CODE 6560–50–P                                  For the full EPA public comment policy,               reactive or of negligible reactivity in our
                                                                                                              information about CBI or multimedia                   regulations. See 40 CFR 51.100(s).
                                                                                                                                                                       4 See California Air Resources Board, Staff Report,
                                                                                                              submissions, and general guidance on
                                                                                                                                                                    ‘‘Initial Statement of Reasons: Notice of Public
                                                                                                              making effective comments, please visit               Hearing to Consider Requirements to Reduce Idling
                                                                                                              https://www2.epa.gov/dockets/                         Emissions from New and In-Use Trucks, Beginning
                                                                                                              commenting-epa-dockets.                               in 2008,’’ September 1, 2005, at page 7.



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Document Created: 2017-09-29 03:26:41
Document Modified: 2017-09-29 03:26:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received in writing by October 30, 2017.
ContactMrs. Amy Johansen, (215) 814-2156, or by email at [email protected]
FR Citation82 FR 45547 

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