83 FR 32796 - Approval and Promulgation of Air Quality Implementation Plans; MD; Emissions Statement Requirement for the 2008 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 136 (July 16, 2018)
Federal Register Volume 83, Issue 136 (July 16, 2018)
| Page Range | 32796-32798 | |
| FR Document | 2018-15048 |
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)] [Rules and Regulations] [Pages 32796-32798] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15048] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0637; FRL-9980-70--Region 3] Approval and Promulgation of Air Quality Implementation Plans; MD; Emissions Statement Requirement for the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP revision fulfills Maryland's emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on August 15, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0637. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On February 20, 2018 (83 FR 7124), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of Maryland's certification that Maryland's emissions statement regulation meets the emissions statement requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. The formal SIP revision (#17-02) was submitted by Maryland, through the Maryland Department of the Environment (MDE), on September 25, 2017. II. Summary of SIP Revision and EPA Analysis In Maryland's September 25, 2017 SIP revision submittal, Maryland states that the existing COMAR 26.11.01.05-1 ``Emissions Statements'' rule satisfies CAA section 182(a)(3)(B) for the 2008 ozone NAAQS. Under CAA section 182(a)(3)(B), states are required to have an emission statements rule for nonattainment areas for the 2008 ozone NAAQS. In addition, states in the ozone transport region are required to have an emission statement rule statewide, including for attainment areas. See CAA sections 182(a)(3)(B), 182(f), and 184(b)(2). EPA previously approved Maryland's emissions statement rule for the 1979 1-hour ozone standard, COMAR 26.11.01.05-1, into the [[Page 32797]] Maryland SIP. See 59 FR 51517 (October 12, 1994). EPA has determined that COMAR 26.11.01.05-1, which is currently in the Maryland SIP, is appropriate to address the emissions statement requirement in section 182(a)(3)(B) for the 2008 ozone NAAQS. Therefore, EPA is approving this SIP revision that certifies that COMAR 26.11.01.05-1 is adequate. Other specific requirements of the revised Maryland COMAR regulations and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. III. Public Comments and EPA's Responses EPA received fourteen public comments on our February 20, 2018 NPR proposing to approve Maryland's September 25, 2017 submittal. Only one comment was adverse and relevant to this action. The adverse comment is summarized and responded to in the following paragraph. All other comments received were not specific to this action, and thus are not addressed here. Comment: The commenter alleges that the EPA is requesting a modification to Maryland's SIP. The commenter stated that this action will not directly affect Maryland's atmosphere, small businesses, organizations or governments. The commenter stated that EPA could choose to not change the SIP and leave the regulations as they are without effect to pollutant emissions. The commenter also expressed the need for more detailed social and cultural impacts of the plan revision and stated social and cultural effects should be monitored as the plan is implemented. Finally, the commenter stated further impacts should be evaluated once the ``new plan'' is established. Response: Maryland submitted this SIP revision certifying that requirements already in the Maryland SIP are adequate to meet the statutory requirement of section 182(a)(3)(B) as it pertains to the 2008 ozone NAAQS. Section 110(k)(3) states that ``the Administrator shall approve a plan revision as a whole if it meets all of the applicable requirements of the CAA. As stated in the NPR, Maryland's submission meets requirements in CAA section 182 for emission statements. Thus, pursuant to section 110(k)(3), EPA does not have discretion to disapprove the submittal if the state-requested SIP revision meets the requirements of section 182(a)(3)(B). This action pertains to certification of the requirement for the State of Maryland to have an emissions statement rule for the 2008 8-hour ozone standard for nonattainment areas. The State has certified that the state regulation that is already in the existing SIP is adequate. EPA is approving the State certification and not imposing any new requirements. EPA disagrees with the commenter that further social and cultural ``impacts'' should be evaluated because nothing in the CAA requires monitoring of such impacts from SIP revisions. IV. Final Action EPA is approving the State of Maryland's September 25, 2017 SIP revision submittal which addresses the 2008 8-hour ozone NAAQS emissions statement requirements as a revision to the Maryland SIP. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive 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); 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). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 14, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, approving Maryland's certification that it's SIP- approved emissions statement regulation meets the emissions statement requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping [[Page 32798]] requirements, Volatile organic compounds. Dated: June 27, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (e) is amended by adding the entry for Maryland's emission statement requirement certification for the 2008 ozone national ambient air quality standard at the end of the table to read as follows: Sec. 52.1070 Identification of plan. * * * * * (e) * * * EPA-Approved Non-Regulatory and Quasi-Regulatory Material ---------------------------------------------------------------------------------------------------------------- Name of non- regulatory SIP Applicable EPA approval Additional revision geographic area State submittal date date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Emission statement State-wide....... September 25, 2017......... 7/16/2018, Certification requirement certification [Insert that Maryland's for the 2008 ozone national Federal previously ambient air quality standard. Register approved citation]. regulation at COMAR 26.11.01.05-1 meets the emission statement requirements for the 2008 ozone NAAQS. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-15048 Filed 7-13-18; 8:45 am] BILLING CODE 6560-50-P
![32796 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
Fairness Act of 1996, generally provides circuit by September 14, 2018. Filing a PART 52—APPROVAL AND
that before a rule may take effect, the petition for reconsideration by the PROMULGATION OF
agency promulgating the rule must Administrator of this final rule does not IMPLEMENTATION PLANS
submit a rule report, which includes a affect the finality of this action for the
copy of the rule, to each House of the purposes of judicial review nor does it ■ 1. The authority citation for part 52
Congress and to the Comptroller General extend the time within which a petition continues to read as follows:
of the United States. EPA will submit a for judicial review may be filed, and
report containing this action and other shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq.
required information to the U.S. Senate, such rule or action.
This action, addressing Virginia’s Subpart VV—Virginia
the U.S. House of Representatives, and
the Comptroller General of the United interstate transport for the 2012 PM2.5
States prior to publication of the rule in NAAQS, may not be challenged later in ■ 2. In § 52.2420, the table in paragraph
the Federal Register. A major rule proceedings to enforce its requirements. (e)(1) is amended by adding a second
cannot take effect until 60 days after it (See section 307(b)(2).) entry for Section 110(a)(2) Infrastructure
is published in the Federal Register. Requirements for the 2012 Particulate
List of Subjects in 40 CFR Part 52
This action is not a ‘‘major rule’’ as Matter NAAQS after the first entry to
Environmental protection, Air read as follows:
defined by 5 U.S.C. 804(2).
pollution control, Incorporation by
C. Petitions for Judicial Review reference, Particulate matter. § 52.2420 Identification of plan.
Dated: July 2, 2018. * * * * *
Under section 307(b)(1) of the CAA,
petitions for judicial review of this Cosmo Servidio, (e)* * *
action must be filed in the United States Regional Administrator, Region III.
(1)* * *
Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
Name of Applicable State
non-regulatory SIP geographic submittal EPA approval date Additional explanation
revision area date
* * * * * * *
Section 110(a)(2) Infrastructure Statewide .......... 05/16/17 7/16/2018, [Insert Federal Docket 2017–0337. This action addresses the
Requirements for the 2012 Register citation]. infrastructure element of CAA section
Particulate Matter NAAQS. 110(a)(2)(D)(i)(I).
* * * * * * *
* * * * * DATES: This final rule is effective on Maryland. In the NPR, EPA proposed
[FR Doc. 2018–15049 Filed 7–13–18; 8:45 am] August 15, 2018. approval of Maryland’s certification that
BILLING CODE 6560–50–P ADDRESSES: EPA has established a Maryland’s emissions statement
docket for this action under Docket ID regulation meets the emissions
Number EPA–R03–OAR–2017–0637. All statement requirement of section
ENVIRONMENTAL PROTECTION 182(a)(3)(B) of the CAA for the 2008
documents in the docket are listed on
AGENCY ozone NAAQS. The formal SIP revision
the http://www.regulations.gov website.
Although listed in the index, some (#17–02) was submitted by Maryland,
40 CFR Part 52 through the Maryland Department of the
information is not publicly available,
e.g., confidential business information Environment (MDE), on September 25,
[EPA–R03–OAR–2017–0637; FRL–9980– 2017.
70—Region 3] (CBI) or other information whose
disclosure is restricted by statute. II. Summary of SIP Revision and EPA
Approval and Promulgation of Air Certain other material, such as Analysis
Quality Implementation Plans; MD; copyrighted material, is not placed on
the internet and will be publicly In Maryland’s September 25, 2017 SIP
Emissions Statement Requirement for
available only in hard copy form. revision submittal, Maryland states that
the 2008 Ozone Standard
Publicly available docket materials are the existing COMAR 26.11.01.05–1
AGENCY: Environmental Protection available through http:// ‘‘Emissions Statements’’ rule satisfies
Agency (EPA). www.regulations.gov, or please contact CAA section 182(a)(3)(B) for the 2008
ACTION: Final rule. the person identified in the FOR FURTHER ozone NAAQS. Under CAA section
INFORMATION CONTACT section for
182(a)(3)(B), states are required to have
SUMMARY: The Environmental Protection additional availability information. an emission statements rule for
Agency (EPA) is approving a state nonattainment areas for the 2008 ozone
implementation plan (SIP) revision FOR FURTHER INFORMATION CONTACT: Erin NAAQS. In addition, states in the ozone
submitted by the State of Maryland. Trouba, (215) 814–2023, or by email at transport region are required to have an
sradovich on DSK3GMQ082PROD with RULES
This SIP revision fulfills Maryland’s trouba.erin@epa.gov. emission statement rule statewide,
emissions statement requirement for the SUPPLEMENTARY INFORMATION: including for attainment areas. See CAA
2008 ozone national ambient air quality sections 182(a)(3)(B), 182(f), and
I. Background
standard (NAAQS). EPA is approving 184(b)(2). EPA previously approved
these revisions in accordance with the On February 20, 2018 (83 FR 7124), Maryland’s emissions statement rule for
requirements of the Clean Air Act EPA published a notice of proposed the 1979 1-hour ozone standard,
(CAA). rulemaking (NPR) for the State of COMAR 26.11.01.05–1, into the
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![32798 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
requirements, Volatile organic PART 52—APPROVAL AND Maryland’s emission statement
compounds. PROMULGATION OF requirement certification for the 2008
Dated: June 27, 2018. IMPLEMENTATION PLANS ozone national ambient air quality
standard at the end of the table to read
Cecil Rodrigues, ■ 1. The authority citation for part 52 as follows:
Acting Regional Administrator, Region III. continues to read as follows:
40 CFR part 52 is amended as follows: Authority: 42 U.S.C. 7401 et seq. § 52.1070 Identification of plan.
* * * * *
Subpart V—Maryland
(e) * * *
■ 2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL
Name of non- Applicable State EPA Additional
regulatory SIP geographic submittal approval explanation
revision area date date
* * * * * * *
Emission statement requirement State-wide .... September 25, 2017 .. 7/16/2018, [Insert Federal Certification that Maryland’s pre-
certification for the 2008 ozone Register citation]. viously approved regulation at
national ambient air quality COMAR 26.11.01.05–1 meets the
standard. emission statement requirements
for the 2008 ozone NAAQS.
[FR Doc. 2018–15048 Filed 7–13–18; 8:45 am] completed, other than maintenance, information about CBI or multimedia
BILLING CODE 6560–50–P monitoring and five-year reviews. submissions, and general guidance on
However, this partial deletion does not making effective comments, please visit
preclude future actions under http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION Superfund. commenting-epa-dockets.
AGENCY Email: cano.randolph@epa.gov.
DATES: This direct final partial deletion Mail: Randolph Cano, NPL Deletion
40 CFR Part 300 is effective September 14, 2018 unless Coordinator, U.S. Environmental
EPA receives adverse comments by Protection Agency Region 5 (SR–6J), 77
[EPA–HQ–SFUND–1990–0011; FRL–9980–
64—Region 5]
August 15, 2018. If adverse comments West Jackson Boulevard, Chicago, IL
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National Oil and Hazardous withdrawal of the direct final partial Hand deliver: Superfund Records
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direct final Notice of Deletion of the edited or removed from Regulations.gov. excluding Federal holidays.
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Hazardous Substances Pollution consider comments or comment that is placed in the public docket and
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this direct final partial deletion with the submission (i.e., on the web, cloud, or submit an electronic comment, EPA
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Document Created: 2018-07-14 00:54:08
Document Modified: 2018-07-14 00:54:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on August 15, 2018. | |
| Contact | Erin Trouba, (215) 814-2023, or by email at [email protected] | |
| FR Citation | 83 FR 32796 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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