83_FR_31481 83 FR 31352 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standard

83 FR 31352 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31352-31354
FR Document2018-14331

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) submission from Maryland addressing the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA is proposing to approve Maryland's submittal addressing the infrastructure requirements for the 2012 PM<INF>2.5</INF> NAAQS in accordance with the requirements of section 110 of the CAA.

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31352-31354]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14331]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0441; FRL-9980-34--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Infrastructure Requirements for the 2012 Fine Particulate 
Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) submission from Maryland 
addressing the infrastructure requirements of section 110 of the Clean 
Air Act (CAA) for the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
standard). The infrastructure requirements are designed to ensure that 
the structural components of each state's air quality management 
program are adequate to meet the state's responsibilities under the 
CAA. EPA is proposing to approve Maryland's submittal addressing the 
infrastructure requirements for the 2012 PM2.5 NAAQS in 
accordance with the requirements of section 110 of the CAA.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0441 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,

[[Page 31353]]

comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Particle pollution, also referred to as particulate matter (PM), is 
a complex mixture of small particles and liquid droplets suspended in 
the air, which causes adverse health effects and is the leading cause 
of visibility impairment in the United States. Particles with a 
diameter equal to or less than 2.5 microns referred to as fine 
particulate matter or PM2.5, are either emitted directly 
into the atmosphere or are formed from the chemical reactions of 
precursor gases, such as sulfur dioxide (SO2), nitrogen 
oxides (NOX), certain volatile organic compounds (VOCs), and 
ammonia, in the atmosphere. SO2 and NOX are the 
primary precursors for the formation of PM2.5 and are 
emitted primarily from point sources as well as nonpoint, onroad, and 
nonroad sources.
    On July 18, 1997, EPA promulgated a new 24-hour and a new annual 
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA 
revised the NAAQS for PM2.5, tightening the 24-hour 
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5 
NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 14, 
2012, EPA revised the level of the health based (primary) annual 
PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 3086 (January 15, 
2013).\1\
---------------------------------------------------------------------------

    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address particulate matter (PM) related effects 
such as visibility impairment, ecological effects, damage to 
materials, and climate impacts. This includes a secondary annual 
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [micro]g/
m\3\.
---------------------------------------------------------------------------

    Pursuant to section 110(a)(1), states must submit ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' a plan that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions and the 
requirements to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address. EPA commonly refers to such state 
plans as ``infrastructure SIPs.''

II. Summary of SIP Revision and EPA Analysis

    On August 18, 2016, the State of Maryland, through the Maryland 
Department of the Environment (MDE), formally submitted a SIP revision 
in order to satisfy the requirements of section 110(a) of the CAA for 
the 2012 PM2.5 NAAQS. The SIP submittal addressed the 
following infrastructure elements for the 2012 PM2.5 NAAQS: 
CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M).
    Maryland's infrastructure SIP submittal did not address the 
following two elements of CAA section 110(a)(2): The portion of section 
110(a)(2)(C) pertaining to permit programs, known as nonattainment new 
source review (NNSR), under part D of the CAA and section 110(a)(2)(I), 
referred to as ``element (I),'' pertaining to the nonattainment 
requirements of part D, title I of the CAA. According to the EPA 
guidance issued on September 13, 2013 (2013 Infrastructure 
Guidance),\2\ the NNSR permitting program requirement of section 
110(a)(2)(C) is to be addressed in a different SIP, therefore does not 
need to be addressed in this SIP revision. Section 110(a)(2)(I) is not 
required to be submitted by the 3-year submission deadline of CAA 
section 110(a)(1) and will be addressed in a separate process if 
necessary.
---------------------------------------------------------------------------

    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    EPA is proposing to approve Maryland's August 18, 2016 
infrastructure SIP submittal for the 2012 PM2.5 NAAQS. A 
detailed summary of EPA's review and rationale for approving Maryland's 
submittal may be found in the Technical Support Document (TSD) for this 
rulemaking action, which is available online at www.regulations.gov, 
Docket ID Number EPA-R03-OAR-2017-0441.

III. Proposed Action

    EPA's review of Maryland's August 18, 2016 infrastructure SIP 
submittal for the 2012 PM2.5 NAAQS indicates that MDE's 
August 18, 2016 submittal satisfies the infrastructure requirements of 
CAA section 110(a) for the 2012 PM2.5 NAAQS. Therefore, EPA 
is proposing to approve Maryland's infrastructure SIP submittal for the 
2012 PM2.5 NAAQS. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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);

[[Page 31354]]

     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, which proposes approval of 
Maryland's infrastructure SIP submittal for the 2012 PM2.5 
NAAQS, does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not 
approved to apply in Indian country located in the state, and EPA notes 
that it will not impose substantial direct costs on tribal governments 
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.


    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-14331 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                31352                     Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

                                                General Services Administration’s                        V. Statutory and Executive Order                      tribal implications as specified by
                                                Central Heating and Refrigeration Plant                  Reviews                                               Executive Order 13175 (65 FR 67249,
                                                and the U.S. Capital Power Plant, are                       Under the CAA, the Administrator is                November 9, 2000), because the SIP is
                                                subject to federally enforceable                         required to approve a SIP submission                  not approved to apply in Indian country
                                                emissions limits that have already                       that complies with the provisions of the              located in the state, and EPA notes that
                                                resulted in significant emission                         CAA and applicable federal regulations.               it will not impose substantial direct
                                                reductions of NOX over the years as                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                   costs on tribal governments or preempt
                                                discussed in detail in EPA’s TSD. Also                   Thus, in reviewing SIP submissions,                   tribal law.
                                                discussed in the TSD, the District has a                 EPA’s role is to approve state choices,               List of Subjects in 40 CFR Part 52
                                                variety of other small non-EGU sources                   provided that they meet the criteria of
                                                where emissions of NOX and/or VOC are                                                                            Environmental protection, Air
                                                                                                         the CAA. Accordingly, this action                     pollution control, Incorporation by
                                                controlled through the District’s SIP-                   merely approves state law as meeting
                                                approved regulations. These provisions                                                                         reference, Nitrogen dioxide, Ozone,
                                                                                                         federal requirements and does not                     Volatile organic compounds.
                                                and regulations include reasonably                       impose additional requirements beyond
                                                available control technology (RACT) for                  those imposed by state law. For that                    Authority: 42 U.S.C. 7401 et seq.
                                                major stationary sources of NOX and                      reason, this proposed action:                           Dated: June 19, 2018.
                                                VOCs, and rules that limit nonpoint                         • Is not a ‘‘significant regulatory                Cosmo Servidio,
                                                source VOC emissions. An in-depth                        action’’ subject to review by the Office              Regional Administrator, Region III.
                                                review of these provisions and                           of Management and Budget under
                                                regulations, in addition to further                                                                            [FR Doc. 2018–14332 Filed 7–3–18; 8:45 am]
                                                                                                         Executive Orders 12866 (58 FR 51735,
                                                information regarding the specific                                                                             BILLING CODE 6560–50–P
                                                                                                         October 4, 1993) and 13563 (76 FR 3821,
                                                sources found in the District and their                  January 21, 2011);
                                                emissions are discussed in the TSD for                      • Is not an Executive Order 13771 (82              ENVIRONMENTAL PROTECTION
                                                this notice, located in                                  FR 9339, February 2, 2017) regulatory                 AGENCY
                                                www.regulations.gov, docket ID number                    action because SIP approvals are
                                                EPA–R03–OAR–2014–0701. In the TSD,                       exempted under Executive Order 12866.                 40 CFR Part 52
                                                EPA also analyzed the feasibility of                        • Does not impose an information
                                                additional control options for District                  collection burden under the provisions                [EPA–R03–OAR–2017–0441; FRL–9980–
                                                sources and determined that the                                                                                34—Region 3]
                                                                                                         of the Paperwork Reduction Act (44
                                                District’s relatively small to medium                    U.S.C. 3501 et seq.);                                 Approval and Promulgation of Air
                                                size point sources are already well                         • Is certified as not having a                     Quality Implementation Plans;
                                                controlled under the District’s SIP and                  significant economic impact on a                      Maryland; Infrastructure Requirements
                                                that there may be limited NOX reduction                  substantial number of small entities                  for the 2012 Fine Particulate Matter
                                                cost-effectiveness in controlling these                  under the Regulatory Flexibility Act (5               National Ambient Air Quality Standard
                                                sources further in regards to interstate                 U.S.C. 601 et seq.);
                                                transport for the 2008 ozone NAAQS.                         • Does not contain any unfunded                    AGENCY:  Environmental Protection
                                                   Due to the District’s small number of                 mandate or significantly or uniquely                  Agency (EPA).
                                                sources and the high cost of further                     affect small governments, as described                ACTION: Proposed rule.
                                                reductions as discussed in the TSD, EPA                  in the Unfunded Mandates Reform Act
                                                                                                         of 1995 (Pub. L. 104–4);                              SUMMARY:   The Environmental Protection
                                                is proposing to determine that the                                                                             Agency (EPA) is proposing to approve a
                                                District’s SIP, as presently approved,                      • Does not have federalism
                                                                                                         implications as specified in Executive                state implementation plan (SIP)
                                                contains adequate measures to prevent                                                                          submission from Maryland addressing
                                                District sources from interfering with                   Order 13132 (64 FR 43255, August 10,
                                                                                                         1999);                                                the infrastructure requirements of
                                                maintenance in another state for the                                                                           section 110 of the Clean Air Act (CAA)
                                                2008 ozone NAAQS.                                           • Is not an economically significant
                                                                                                         regulatory action based on health or                  for the 2012 annual fine particulate
                                                IV. Proposed Action                                      safety risks subject to Executive Order               matter (PM2.5) National Ambient Air
                                                                                                         13045 (62 FR 19885, April 23, 1997);                  Quality Standard (NAAQS or standard).
                                                   EPA is proposing to approve the                          • Is not a significant regulatory action           The infrastructure requirements are
                                                remaining portion of the June 13, 2014                   subject to Executive Order 13211 (66 FR               designed to ensure that the structural
                                                District of Columbia SIP revision that                   28355, May 22, 2001);                                 components of each state’s air quality
                                                addresses prongs 1 and 2 of the                             • Is not subject to requirements of                management program are adequate to
                                                interstate transport requirements for                    section 12(d) of the National                         meet the state’s responsibilities under
                                                section 110(a)(2)(D)(i)(I) for the 2008                  Technology Transfer and Advancement                   the CAA. EPA is proposing to approve
                                                ozone NAAQS in accordance with                           Act of 1995 (15 U.S.C. 272 note) because              Maryland’s submittal addressing the
                                                section 110 of the CAA for the reasons                   application of those requirements would               infrastructure requirements for the 2012
                                                discussed in this rulemaking. EPA is                     be inconsistent with the CAA; and                     PM2.5 NAAQS in accordance with the
                                                soliciting public comments on the                           • Does not provide EPA with the                    requirements of section 110 of the CAA.
                                                issues discussed in this document.                       discretionary authority to address, as                DATES: Written comments must be
                                                These comments will be considered                        appropriate, disproportionate human                   received on or before August 6, 2018.
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                                                before taking final action.                              health or environmental effects, using                ADDRESSES: Submit your comments,
                                                   In 2015, EPA approved the following                   practicable and legally permissible                   identified by Docket ID No. EPA–R03–
                                                infrastructure elements or portions                      methods, under Executive Order 12898                  OAR–2017–0441 at http://
                                                thereof from the June 13, 2014                           (59 FR 7629, February 16, 1994).                      www.regulations.gov, or via email to
                                                submittal: CAA section 110(a)(2)(A), (B),                   In addition, this proposed rule,                   spielberger.susan@epa.gov. For
                                                (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),       addressing the District of Columbia’s                 comments submitted at Regulations.gov,
                                                (K), (L), and (M). 80 FR 19538 (April 13,                interstate transport obligations for the              follow the online instructions for
                                                2015).                                                   2008 ozone NAAQS, does not have                       submitting comments. Once submitted,


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                                                                          Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules                                          31353

                                                comments cannot be edited or removed                     annual PM2.5 NAAQS to 12 mg/m3. See                    110(a)(1) and will be addressed in a
                                                from Regulations.gov. For either manner                  78 FR 3086 (January 15, 2013).1                        separate process if necessary.
                                                of submission, EPA may publish any                          Pursuant to section 110(a)(1), states                 EPA is proposing to approve
                                                comment received to its public docket.                   must submit ‘‘within 3 years (or such                  Maryland’s August 18, 2016
                                                Do not submit electronically any                         shorter period as the Administrator may                infrastructure SIP submittal for the 2012
                                                information you consider to be                           prescribe) after the promulgation of a                 PM2.5 NAAQS. A detailed summary of
                                                confidential business information (CBI)                  national primary ambient air quality                   EPA’s review and rationale for
                                                or other information whose disclosure is                 standard (or any revision thereof),’’ a                approving Maryland’s submittal may be
                                                restricted by statute. Multimedia                        plan that provides for the                             found in the Technical Support
                                                submissions (audio, video, etc.) must be                 ‘‘implementation, maintenance, and                     Document (TSD) for this rulemaking
                                                accompanied by a written comment.                        enforcement’’ of such NAAQS. The                       action, which is available online at
                                                The written comment is considered the                    statute directly imposes on states the                 www.regulations.gov, Docket ID Number
                                                official comment and should include                      duty to make these SIP submissions and                 EPA–R03–OAR–2017–0441.
                                                discussion of all points you wish to                     the requirements to make the                           III. Proposed Action
                                                make. EPA will generally not consider                    submissions is not conditioned upon
                                                                                                         EPA’s taking any action other than                        EPA’s review of Maryland’s August
                                                comments or comment contents located                                                                            18, 2016 infrastructure SIP submittal for
                                                outside of the primary submission (i.e.                  promulgating a new or revised NAAQS.
                                                                                                         Section 110(a)(2) includes a list of                   the 2012 PM2.5 NAAQS indicates that
                                                on the web, cloud, or other file sharing                                                                        MDE’s August 18, 2016 submittal
                                                system). For additional submission                       specific elements that ‘‘[e]ach such
                                                                                                         plan’’ submission must address. EPA                    satisfies the infrastructure requirements
                                                methods, please contact the person                                                                              of CAA section 110(a) for the 2012 PM2.5
                                                                                                         commonly refers to such state plans as
                                                identified in the FOR FURTHER                                                                                   NAAQS. Therefore, EPA is proposing to
                                                                                                         ‘‘infrastructure SIPs.’’
                                                INFORMATION CONTACT section. For the                                                                            approve Maryland’s infrastructure SIP
                                                full EPA public comment policy,                          II. Summary of SIP Revision and EPA                    submittal for the 2012 PM2.5 NAAQS.
                                                information about CBI or multimedia                      Analysis                                               EPA is soliciting public comments on
                                                submissions, and general guidance on                        On August 18, 2016, the State of                    the issues discussed in this document.
                                                making effective comments, please visit                  Maryland, through the Maryland                         These comments will be considered
                                                http://www2.epa.gov/dockets/                             Department of the Environment (MDE),                   before taking final action.
                                                commenting-epa-dockets.                                  formally submitted a SIP revision in                   IV. Statutory and Executive Order
                                                FOR FURTHER INFORMATION CONTACT:   Sara                  order to satisfy the requirements of                   Reviews
                                                Calcinore, (215) 814–2043, or by email                   section 110(a) of the CAA for the 2012
                                                                                                                                                                   Under the CAA, the Administrator is
                                                at calcinore.sara@epa.gov.                               PM2.5 NAAQS. The SIP submittal
                                                                                                                                                                required to approve a SIP submission
                                                                                                         addressed the following infrastructure
                                                SUPPLEMENTARY INFORMATION:                                                                                      that complies with the provisions of the
                                                                                                         elements for the 2012 PM2.5 NAAQS:
                                                                                                                                                                CAA and applicable federal regulations.
                                                I. Background                                            CAA section 110(a)(2)(A), (B), (C),
                                                                                                                                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                         (D)(i)(I), (D)(i)(II), D(ii), (E), (F), (G), (H),
                                                                                                                                                                Thus, in reviewing SIP submissions,
                                                  Particle pollution, also referred to as                (J), (K), (L), and (M).
                                                                                                                                                                EPA’s role is to approve state choices,
                                                particulate matter (PM), is a complex                       Maryland’s infrastructure SIP                       provided that they meet the criteria of
                                                mixture of small particles and liquid                    submittal did not address the following                the CAA. Accordingly, this action
                                                droplets suspended in the air, which                     two elements of CAA section 110(a)(2):                 merely approves state law as meeting
                                                causes adverse health effects and is the                 The portion of section 110(a)(2)(C)                    federal requirements and does not
                                                leading cause of visibility impairment in                pertaining to permit programs, known                   impose additional requirements beyond
                                                the United States. Particles with a                      as nonattainment new source review                     those imposed by state law. For that
                                                diameter equal to or less than 2.5                       (NNSR), under part D of the CAA and                    reason, this proposed action:
                                                microns referred to as fine particulate                  section 110(a)(2)(I), referred to as                      • Is not a ‘‘significant regulatory
                                                matter or PM2.5, are either emitted                      ‘‘element (I),’’ pertaining to the                     action’’ subject to review by the Office
                                                directly into the atmosphere or are                      nonattainment requirements of part D,                  of Management and Budget under
                                                formed from the chemical reactions of                    title I of the CAA. According to the EPA               Executive Orders 12866 (58 FR 51735,
                                                precursor gases, such as sulfur dioxide                  guidance issued on September 13, 2013                  October 4, 1993) and 13563 (76 FR 3821,
                                                (SO2), nitrogen oxides (NOX), certain                    (2013 Infrastructure Guidance),2 the                   January 21, 2011);
                                                volatile organic compounds (VOCs), and                   NNSR permitting program requirement                       • Is not an Executive Order 13771 (82
                                                ammonia, in the atmosphere. SO2 and                      of section 110(a)(2)(C) is to be addressed             FR 9339, February 2, 2017) regulatory
                                                NOX are the primary precursors for the                   in a different SIP, therefore does not                 action because SIP approvals are
                                                formation of PM2.5 and are emitted                       need to be addressed in this SIP                       exempted under Executive Order 12866.
                                                primarily from point sources as well as                  revision. Section 110(a)(2)(I) is not                     • Does not impose an information
                                                nonpoint, onroad, and nonroad sources.                   required to be submitted by the 3-year                 collection burden under the provisions
                                                                                                         submission deadline of CAA section                     of the Paperwork Reduction Act (44
                                                  On July 18, 1997, EPA promulgated a
                                                                                                                                                                U.S.C. 3501 et seq.);
                                                new 24-hour and a new annual NAAQS                         1 In EPA’s 2012 PM                                      • Is certified as not having a
                                                                                                                               2.5 NAAQS revision, EPA left
                                                for PM2.5 (62 FR 38652). On October 17,                  unchanged the existing welfare (secondary)             significant economic impact on a
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                                                2006, EPA revised the NAAQS for                          standards for PM2.5 to address particulate matter
                                                                                                                                                                substantial number of small entities
                                                PM2.5, tightening the 24-hour PM2.5                      (PM) related effects such as visibility impairment,
                                                                                                         ecological effects, damage to materials, and climate   under the Regulatory Flexibility Act (5
                                                standard from 65 micrograms per cubic                    impacts. This includes a secondary annual standard     U.S.C. 601 et seq.);
                                                meter (mg/m3) to 35 mg/m3, and retaining                 of 15 mg/m3 and a 24-hour standard of 35 mg/m3.           • Does not contain any unfunded
                                                the annual PM2.5 NAAQS at 15 mg/m3                         2 ‘‘Guidance on Infrastructure State
                                                                                                                                                                mandate or significantly or uniquely
                                                (71 FR 61144). Subsequently, on                          Implementation Plan (SIP) Elements under Clean
                                                                                                         Air Act Sections 110(a)(1) and 110(a)(2),’’
                                                                                                                                                                affect small governments, as described
                                                December 14, 2012, EPA revised the                       Memorandum from Stephen D. Page, September 13,         in the Unfunded Mandates Reform Act
                                                level of the health based (primary)                      2013.                                                  of 1995 (Pub. L. 104–4);


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                                                31354                     Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules

                                                  • Does not have federalism                             Atmospheric Administration (NOAA),                    remain anonymous). Attachments to
                                                implications as specified in Executive                   Commerce.                                             electronic comments will be accepted in
                                                Order 13132 (64 FR 43255, August 10,                     ACTION: Proposed rule; request for                    Microsoft Word, Excel, or Adobe PDF
                                                1999);                                                   comments.                                             file formats only.
                                                  • Is not an economically significant                                                                            New England Fishery Management
                                                regulatory action based on health or                     SUMMARY:    This rulemaking proposes                  Council staff prepared an environmental
                                                safety risks subject to Executive Order                  regulations to approve and implement                  assessment (EA) for Northeast Skate
                                                13045 (62 FR 19885, April 23, 1997);                     measures submitted by the New                         Complex Framework Adjustment 5 and
                                                  • Is not a significant regulatory action               England Fishery Management Council                    2018–2019 Specifications that describes
                                                subject to Executive Order 13211 (66 FR                  in Framework Adjustment 5 and 2018–                   the proposed action and other
                                                28355, May 22, 2001);                                    2019 Specifications to the Northeast                  considered alternatives. The EA
                                                  • Is not subject to requirements of                    Skate Complex Fishery Management                      provides an analysis of the biological,
                                                section 12(d) of the National                            Plan. This action would implement                     economic, and social impacts of the
                                                Technology Transfer and Advancement                      2018–2019 specifications, allow limited               proposed measures and other
                                                Act of 1995 (15 U.S.C. 272 note) because                 possession of barndoor skate in the                   considered alternatives, a preliminary
                                                application of those requirements would                  skate wing fishery, and exempt vessels                Regulatory Impact Review, and
                                                be inconsistent with the CAA; and                        from some specific domestic skate                     economic analysis. Copies of the
                                                  • Does not provide EPA with the                        regulations when fishing exclusively                  Framework 5 EA are available on
                                                discretionary authority to address, as                   within the Northwest Atlantic Fisheries               request from Thomas A. Nies, Executive
                                                appropriate, disproportionate human                      Organization Regulatory Area. The                     Director, New England Fishery
                                                health or environmental effects, using                   action is necessary to establish skate                Management Council, 50 Water Street,
                                                practicable and legally permissible                      specifications to be consistent with the              Newburyport, MA 01950. This
                                                methods, under Executive Order 12898                     most recent scientific information, and               document is also available from the
                                                (59 FR 7629, February 16, 1994).                         improve management of the skate                       following internet addresses: http://
                                                  In addition, this proposed rule, which                 fisheries. This proposed action is                    www.nefmc.org and
                                                proposes approval of Maryland’s                          intended to establish appropriate catch               www.regulations.gov/
                                                infrastructure SIP submittal for the 2012                limits for the skate fishery and to                   #!docketDetail;D=NOAA-NMFS-2018-
                                                PM2.5 NAAQS, does not have tribal                        provide additional operational                        0054.
                                                implications as specified by Executive                   flexibility to fishery participants.                  FOR FURTHER INFORMATION CONTACT:
                                                Order 13175 (65 FR 67249, November 9,                    DATES: Public comments must be                        Debra Lambert, Fishery Policy Analyst,
                                                2000), because the SIP is not approved                   received by August 6, 2018.                           (301) 427–8560.
                                                to apply in Indian country located in the                ADDRESSES: You may submit comments                    SUPPLEMENTARY INFORMATION:
                                                state, and EPA notes that it will not                    on this document, identified by NOAA-
                                                impose substantial direct costs on tribal                NMFS-2018-0054, by either of the                      Background
                                                governments or preempt tribal law.                       following methods:                                       The Northeast Skate Complex Fishery
                                                List of Subjects in 40 CFR Part 52                          • Electronic Submission: Submit all                Management Plan (FMP), developed by
                                                                                                         electronic public comments via the                    the New England Fishery Management
                                                  Environmental protection, Air                          Federal e-Rulemaking Portal. Go to                    Council and implemented in 2003,
                                                pollution control, Incorporation by                      www.regulations.gov/                                  manages a complex of seven skate
                                                reference, Intergovernmental relations,                  #!docketDetail;D=NOAA-NMFS-2018-                      species (barndoor, clearnose, little,
                                                Nitrogen dioxide, Particulate matter,                    0054, click the ‘‘Comment Now!’’ icon,                rosette, smooth, thorny, and winter
                                                Reporting and recordkeeping                              complete the required fields, and enter               skate) off the New England and mid-
                                                requirements, Sulfur oxides.                             or attach your comments.                              Atlantic coasts. Skates are harvested and
                                                   Authority: 42 U.S.C. 7401 et seq.                        • Mail: Submit written comments to                 managed in two different fisheries: One
                                                  Dated: June 19, 2018.
                                                                                                         Michael Pentony, Regional                             for food (the wing fishery) and one for
                                                                                                         Administrator, National Marine                        lobster bait (the bait fishery). Additional
                                                Cosmo Servidio,
                                                                                                         Fisheries Service, 55 Great Republic                  information on the skate fisheries can be
                                                Regional Administrator, Region III.                      Drive, Gloucester, MA 01930–2276.                     found online at https://
                                                [FR Doc. 2018–14331 Filed 7–3–18; 8:45 am]               Mark the outside of the envelope:                     www.greateratlantic.fisheries.noaa.gov/
                                                BILLING CODE 6560–50–P                                   ‘‘Comments on Skate Framework                         sustainable/species/skate/index.html.
                                                                                                         Adjustment 5 and 2018–2019                               The regulations implementing the
                                                                                                         Specifications.’’                                     Skate FMP at 50 CFR part 648, subpart
                                                DEPARTMENT OF COMMERCE                                      Instructions: Comments sent by any                 O, outline the management procedures
                                                                                                         other method, to any other address or                 and measures for the skate fisheries.
                                                National Oceanic and Atmospheric                         individual, or received after the end of              Specifications including the annual
                                                Administration                                           the comment period, may not be                        catch limit (ACL), annual catch target
                                                                                                         considered by NMFS. All comments                      (ACT), total allowable landings (TAL)
                                                50 CFR Part 648                                          received are a part of the public record              for the skate wing and bait fisheries, and
                                                [Docket No. 180130101–8101–01]                           and will generally be posted for public               possession limits may be specified for
                                                                                                         viewing on www.regulations.gov                        up to 2 years. The current specifications
amozie on DSK3GDR082PROD with PROPOSALS1




                                                RIN 0648–BH57                                            without change. All personal identifying              were implemented as part of Framework
                                                Fisheries of the Northeastern United                     information (e.g., name, address, etc.),              Adjustment 3 to the FMP and the 2016–
                                                States; Northeast Skate Complex;                         confidential business information, or                 2017 Specifications (81 FR 54744;
                                                Framework Adjustment 5 and 2018–                         otherwise sensitive information                       August 17, 2016). The Council is
                                                2019 Specifications                                      submitted voluntarily by the sender will              required to develop new specification
                                                                                                         be publicly accessible. NMFS will                     recommendations for the 2018 and 2019
                                                AGENCY:  National Marine Fisheries                       accept anonymous comments (enter ‘‘N/                 fishing years. Though the 2018 fishing
                                                Service (NMFS), National Oceanic and                     A’’ in the required fields if you wish to             year began on May 1, 2018, the existing


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Document Created: 2018-07-03 23:40:24
Document Modified: 2018-07-03 23:40:24
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.
DatesWritten comments must be received on or before August 6, 2018.
ContactSara Calcinore, (215) 814-2043, or by email at [email protected]
FR Citation83 FR 31352 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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