Approval and Promulgation of Air Quality Implementation Plans; Maryland; Transportation Conformity Regulations, 34644-34647 [2010-14766]
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0871; FRL–9164–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Transportation Conformity
Regulations
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
(SIP). The revisions establish
transportation conformity regulations
for the State of Maryland. EPA is
approving these revisions in accordance
with the requirements of the Clean Air
Act.
DATES: This rule is effective on August
17, 2010 without further notice, unless
EPA receives adverse written comment
by July 19, 2010. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2008–0871 by one of the
following methods:
A. https://www.regulations.gov, Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2008–0871,
Cristina Fernandez, Associate Director,
Office of Air Planning Programs,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2008–
0871. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
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protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an anonymous access system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is transportation conformity?
Transportation conformity is required
under section 176(c) of the Clean Air
Act to ensure that Federally supported
highway, transit projects, and other
activities are consistent with (conform
to) the purpose of the SIP. Conformity
currently applies to areas that are
designated nonattainment, and those
redesignated to attainment after 1990
(maintenance areas), with plans
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developed under section 175A of the
Clean Air Act for the following
transportation related criteria
pollutants: Ozone, particulate matter
(PM2.5 and PM10), carbon monoxide
(CO), and nitrogen dioxide (NO2).
Conformity for purposes of the SIP
means that transportation activities will
not cause new air quality violations,
worsen existing violations, or delay
timely attainment of the relevant
national ambient air quality standards
(NAAQS). The transportation
conformity regulation is found in 40
CFR part 93 (‘‘Federal conformity rule’’)
and provisions related to conformity
SIPs are found in 40 CFR 51.390.
II. What is the background for this
action?
On August 10, 2005, the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) was signed into
law. SAFETEA–LU revised certain
provisions of section 176(c) of the Clean
Air Act, related to transportation
conformity. Prior to SAFETEA–LU,
States were required to address all of the
Federal conformity rule’s provisions in
their conformity SIPs. After SAFETEA–
LU, State’s SIPs were required to
contain all or portions of only the
following three sections of the Federal
conformity rule, modified as
appropriate to each State’s
circumstances: 40 CFR 93.105
(consultation procedures); 40 CFR
93.122(a)(4)(ii) (written commitments to
implement certain kinds of control
measures); and 40 CFR 93.125(c)
(written commitments to implement
certain kinds of mitigation measures).
States are no longer required to submit
conformity SIP revisions that address
the other sections of the Federal
conformity rule.
III. What did the State submit and how
did we evaluate it?
On August 4, 1998, the Maryland
Department of the Environment
submitted a revision to its State
Implementation Plan (SIP), Revision
#98–14, to EPA for parallel processing
for transportation conformity
amendments adopted on May 4, 1995
and proposed for adoption on July 31,
1998. The SIP revision included
regulations .01, .02, and .03 under
COMAR 26.11.26 (Conformity). On
January 29, 2003, the Maryland
Department of the Environment
submitted a revision to its SIP, Revision
#03–02, for transportation conformity
amendments that were adopted on July
12, 1999. The 2003 SIP revision
included amendments to Regulations
26.11.26.02 and .03, new Regulations
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.04 through .08, and recodification of
Regulation .04 to Regulation .09
(excluding Regulation .06). On February
5, 2007, the Maryland Department of the
Environment submitted a revision to its
SIP, Revision #06–07, for transportation
conformity purposes. The SIP revision
included amendments to Regulation
26.11.26.01 through .05 and .07 through
.09. This SIP revision addresses the
three provisions of the EPA Conformity
Rule required under SAFETEA–LU: 40
CFR 93.105 (consultation procedures);
40 CFR 93.122(a)(4)(ii) (control
measures); and 40 CFR 93.125(c)
(mitigation measures). On July 8, 2008,
the Maryland Department of the
Environment supplemented its SIP with
Revision #06–07. The SIP submission
corrected minor citation errors, removed
COMAR 26.11.26.05E(4), and corrected
a citation in COMAR 26.11.26.01 which
was mislabeled as section 176(c) of the
Clean Air Act and should have read
section 176(c)(4)(E) of the Clean Air Act.
We reviewed the submittals to assure
consistency with the February 14, 2006,
‘‘Interim Guidance for Implementing the
Transportation Conformity provisions in
SAFETEA–LU.’’ The guidance document
can be found at https://epa.gov/otaq/
stateresources/transconf/policy.htm.
The guidance document states that each
State is only required to address and
tailor the aforementioned three sections
of the Federal Conformity Rule to be
included in their State conformity SIPs.
EPA’s review of Maryland’s SIP
Revision indicates that it is consistent
with EPA’s guidance in that it includes
the three aforementioned regulatory
elements specified by SAFETEA–LU.
Consistent with the EPA Conformity
Rule at 40 CFR 93.105 (consultation
procedures), COMAR 26.11.26.02,
COMAR 26.11.26.04, and COMAR
26.11.26.05 identify the appropriate
agencies, procedures, and allocation of
responsibilities. In addition, COMAR
26.11.26.07 provides for appropriate
public consultation/public involvement
consistent with 40 CFR 93.105. With
respect to the requirements of 40 CFR
93.122(a)(4)(ii) and 40 CFR 93.125(c),
the SIP specifies that written
commitments to implement control
measures and mitigation measures for
meeting these requirements will be
provided as needed.
IV. Final Action
EPA is approving the Maryland SIP
revisions for Transportation Conformity,
which were submitted on August 4,
1998, January 29, 2003, February 5,
2007, and supplemented on July 8,
2008. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
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amendment and anticipates no adverse
comment. However, in the Proposed
Rules section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on August 17, 2010 without
further notice unless EPA receives
adverse comment by July 19, 2010. If
EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 17, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this final rule 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
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of such rule or action. This action to
approve the Maryland transportation
conformity regulation may not be
challenged later in proceedings to
enforce its requirements. (See, section
307(b)(2)).
requirements, Volatile organic
compounds.
Subpart V— Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by removing the existing
entries for COMAR 26.11.26.01 and
26.11.26.03, and adding new entries for
COMAR 26.11.26.01, 26.11.26.02,
26.11.26.03, 26.11.26.04, 26.11.26.05,
26.11.26.07, 26.11.26.08, and
26.11.26.09. The amendments read as
follows:
■
Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA–APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland
administrative regulations
(COMAR)
citation
*
State
effective
date
Title/subject
*
*
*
26.11.26
*
*
Purpose ...................................
1/29/07
26.11.26.02 ...............................
Definitions ...............................
8/9/99
1/29/07
26.11.26.03 ...............................
Transportation Conformity .......
6/5/95
1/29/07
June 18, 2010 [Insert page
number where the document
begins].
26.11.26.04 ...............................
Transportation Conformity—
Consultation in General.
8/9/99
1/29/07
26.11.26.05 ...............................
Transportation Conformity—
Interagency Consultation
Requirements.
Transportation Conformity—
Public Consultation Procedures.
Transportation Conformity—
Interagency Consultation.
8/9/99
1/29/07
6/30/08
8/9/99
1/29/07
General Conformity .................
1/29/07
June 18, 2010 [Insert page
number where the document
begins].
June 18, 2010 [Insert page
number where the document
begins].
June 18, 2010 .........................
[Insert page number where the
document begins].
June 18, 2010 .........................
[Insert page number where the
document begins].
June 18, 2010 .........................
[Insert page number where the
document begins].
26.11.26.08 ...............................
26.11.26.09 ...............................
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8/9/99
1/29/07
*
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June 18, 2010 .........................
[Insert page number where the
document begins].
June 18, 2010 [Insert page
number where the document
begins].
*
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*
Conformity
26.11.26.01 ...............................
26.11.26.07 ...............................
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
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New Regulation.
Definitions added for transportation conformity; definitions
for general conformity were
approved at (c)(136).
New Regulation; current
COMAR citation is current
COMAR citation is
26.11.26.04.
New Regulation; current
COMAR citation is
26.11.26.05.
New Regulation; current
COMAR citation is
26.11.26.06.
New Regulation; current
COMAR citation is
26.11.26.08.
New Regulation; current
COMAR citation is
26.11.26.09.
Formerly SIP regulation
26.11.26.03.
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[FR Doc. 2010–14766 Filed 6–17–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R01–OAR–2010–0207; A–1–FRL–
9163–2]
Approval of the Clean Air Act, Section
112(l), Authority for Hazardous Air
Pollutants: Air Emission Standards for
Halogenated Solvent Cleaning
Machines: State of Rhode Island
Department of Environmental
Management
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Environmental Protection
Agency (‘‘EPA’’).
ACTION: Direct final rule.
SUMMARY: Pursuant to section 112(l) of
the Clean Air Act (‘‘CAA’’) and Federal
regulations promulgated thereunder, the
Rhode Island Department of
Environmental Management (‘‘RI DEM’’)
submitted a request for approval to
implement and enforce Air Pollution
Control Regulation Number 36, Control
of Emissions from Organic Solvent
Cleaning (‘‘RI Regulation No. 36’’), and
the Rhode Island Air Pollution Control,
General Definitions Regulation (‘‘RI
General Definitions Rule’’), as a partial
substitution for the National Emissions
Standards for Halogenated Solvent
Cleaning (‘‘Halogenated Solvent
NESHAP’’), as it applies to organic
solvent cleaning machines in Rhode
Island, except continuous web cleaning
machines, with respect to which the
Halogenated Solvent NESHAP shall
continue to apply. EPA has reviewed
this request and has determined that RI
Regulation No. 36 and the RI General
Definitions Rule satisfy the
requirements necessary for partial
substitution approval. Thus, EPA is
hereby granting RI DEM the authority to
implement and enforce RI Regulation
No. 36 and the RI General Definitions
Rule in place of the Halogenated
Solvent NESHAP for organic solvent
cleaning machines, but EPA is retaining
its authority with respect to continuous
web cleaning machines in Rhode Island.
This approval makes RI Regulation No.
36 and the RI General Definitions Rule
Federally enforceable.
DATES: This direct final rule will be
effective August 17, 2010, unless EPA
receives adverse comments by July 19,
2010. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
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rule will not take effect. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register as of August 17, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2010–0207 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘EPA–R01–OAR–2010–0207’’,
Ida McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Air Permits, Toxics and
Indoor Programs Unit, Five Post Office
Square, Suite 100 (mail code OEP05–2),
Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Ida McDonnell,
Manager, Air Permits, Toxics and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Five Post
Office Square, Suite 100 (OEP05–2),
Boston, MA 02109–3912. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2010–
0207. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (‘‘CBI’’) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. EPA will forward copies of all
submitted comments to the Rhode
Island Department of Environmental
Management.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Five Post
Office Square, Suite 100, Boston, MA.
EPA requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
In addition, copies of the State
submittal are also available for public
inspection during normal business
hours, by appointment at the Rhode
Island Department of Environmental
Management, 291 Promenade Street,
Providence, RI, 02908.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Five Post
Office Square, Suite 100 (OEP05–2),
Boston, MA 02109–3912, telephone
number (617) 918–1656, fax number
(617) 918–0656, e-mail
lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. What requirements must a state rule meet
to substitute for a section 112 rule?
III. How will EPA determine equivalency for
State alternative NESHAP requirements?
IV. EPA Determination of Rule Equivalency
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]]>Agencies
[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Rules and Regulations]
[Pages 34644-34647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14766]
[[Page 34644]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0871; FRL-9164-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Transportation Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revisions establish
transportation conformity regulations for the State of Maryland. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on August 17, 2010 without further
notice, unless EPA receives adverse written comment by July 19, 2010.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0871 by one of the following methods:
A. https://www.regulations.gov, Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2008-0871, Cristina Fernandez, Associate
Director, Office of Air Planning Programs, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0871. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an anonymous access
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at kotsch.martin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is transportation conformity?
Transportation conformity is required under section 176(c) of the
Clean Air Act to ensure that Federally supported highway, transit
projects, and other activities are consistent with (conform to) the
purpose of the SIP. Conformity currently applies to areas that are
designated nonattainment, and those redesignated to attainment after
1990 (maintenance areas), with plans developed under section 175A of
the Clean Air Act for the following transportation related criteria
pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and nitrogen dioxide
(NO2). Conformity for purposes of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standards (NAAQS). The transportation
conformity regulation is found in 40 CFR part 93 (``Federal conformity
rule'') and provisions related to conformity SIPs are found in 40 CFR
51.390.
II. What is the background for this action?
On August 10, 2005, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed
into law. SAFETEA-LU revised certain provisions of section 176(c) of
the Clean Air Act, related to transportation conformity. Prior to
SAFETEA-LU, States were required to address all of the Federal
conformity rule's provisions in their conformity SIPs. After SAFETEA-
LU, State's SIPs were required to contain all or portions of only the
following three sections of the Federal conformity rule, modified as
appropriate to each State's circumstances: 40 CFR 93.105 (consultation
procedures); 40 CFR 93.122(a)(4)(ii) (written commitments to implement
certain kinds of control measures); and 40 CFR 93.125(c) (written
commitments to implement certain kinds of mitigation measures). States
are no longer required to submit conformity SIP revisions that address
the other sections of the Federal conformity rule.
III. What did the State submit and how did we evaluate it?
On August 4, 1998, the Maryland Department of the Environment
submitted a revision to its State Implementation Plan (SIP), Revision
98-14, to EPA for parallel processing for transportation
conformity amendments adopted on May 4, 1995 and proposed for adoption
on July 31, 1998. The SIP revision included regulations .01, .02, and
.03 under COMAR 26.11.26 (Conformity). On January 29, 2003, the
Maryland Department of the Environment submitted a revision to its SIP,
Revision 03-02, for transportation conformity amendments that
were adopted on July 12, 1999. The 2003 SIP revision included
amendments to Regulations 26.11.26.02 and .03, new Regulations
[[Page 34645]]
.04 through .08, and recodification of Regulation .04 to Regulation .09
(excluding Regulation .06). On February 5, 2007, the Maryland
Department of the Environment submitted a revision to its SIP, Revision
06-07, for transportation conformity purposes. The SIP
revision included amendments to Regulation 26.11.26.01 through .05 and
.07 through .09. This SIP revision addresses the three provisions of
the EPA Conformity Rule required under SAFETEA-LU: 40 CFR 93.105
(consultation procedures); 40 CFR 93.122(a)(4)(ii) (control measures);
and 40 CFR 93.125(c) (mitigation measures). On July 8, 2008, the
Maryland Department of the Environment supplemented its SIP with
Revision 06-07. The SIP submission corrected minor citation
errors, removed COMAR 26.11.26.05E(4), and corrected a citation in
COMAR 26.11.26.01 which was mislabeled as section 176(c) of the Clean
Air Act and should have read section 176(c)(4)(E) of the Clean Air Act.
We reviewed the submittals to assure consistency with the February
14, 2006, ``Interim Guidance for Implementing the Transportation
Conformity provisions in SAFETEA-LU.'' The guidance document can be
found at https://epa.gov/otaq/stateresources/transconf/policy.htm. The
guidance document states that each State is only required to address
and tailor the aforementioned three sections of the Federal Conformity
Rule to be included in their State conformity SIPs. EPA's review of
Maryland's SIP Revision indicates that it is consistent with EPA's
guidance in that it includes the three aforementioned regulatory
elements specified by SAFETEA-LU. Consistent with the EPA Conformity
Rule at 40 CFR 93.105 (consultation procedures), COMAR 26.11.26.02,
COMAR 26.11.26.04, and COMAR 26.11.26.05 identify the appropriate
agencies, procedures, and allocation of responsibilities. In addition,
COMAR 26.11.26.07 provides for appropriate public consultation/public
involvement consistent with 40 CFR 93.105. With respect to the
requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), the SIP
specifies that written commitments to implement control measures and
mitigation measures for meeting these requirements will be provided as
needed.
IV. Final Action
EPA is approving the Maryland SIP revisions for Transportation
Conformity, which were submitted on August 4, 1998, January 29, 2003,
February 5, 2007, and supplemented on July 8, 2008. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the Proposed Rules section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on August 17, 2010 without further notice unless EPA
receives adverse comment by July 19, 2010. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 17, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this final rule 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
[[Page 34646]]
of such rule or action. This action to approve the Maryland
transportation conformity regulation may not be challenged later in
proceedings to enforce its requirements. (See, section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V-- Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by removing
the existing entries for COMAR 26.11.26.01 and 26.11.26.03, and adding
new entries for COMAR 26.11.26.01, 26.11.26.02, 26.11.26.03,
26.11.26.04, 26.11.26.05, 26.11.26.07, 26.11.26.08, and 26.11.26.09.
The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective EPA approval date citation at 40 CFR
date 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01....................... Purpose............. 1/29/07 June 18, 2010....... New Regulation.
[Insert page number
where the document
begins].
26.11.26.02....................... Definitions......... 8/9/99 June 18, 2010 Definitions added
1/29/07 [Insert page number for transportation
where the document conformity;
begins]. definitions for
general conformity
were approved at
(c)(136).
26.11.26.03....................... Transportation 6/5/95 June 18, 2010 New Regulation;
Conformity. 1/29/07 [Insert page number current COMAR
where the document citation is current
begins]. COMAR citation is
26.11.26.04.
26.11.26.04....................... Transportation 8/9/99 June 18, 2010 New Regulation;
Conformity--Consult 1/29/07 [Insert page number current COMAR
ation in General. where the document citation is
begins]. 26.11.26.05.
26.11.26.05....................... Transportation 8/9/99 June 18, 2010 New Regulation;
Conformity--Interag 1/29/07 [Insert page number current COMAR
ency Consultation 6/30/08 where the document citation is
Requirements. begins]. 26.11.26.06.
26.11.26.07....................... Transportation 8/9/99 June 18, 2010....... New Regulation;
Conformity--Public 1/29/07 [Insert page number current COMAR
Consultation where the document citation is
Procedures. begins]. 26.11.26.08.
26.11.26.08....................... Transportation 8/9/99 June 18, 2010....... New Regulation;
Conformity--Interag 1/29/07 [Insert page number current COMAR
ency Consultation. where the document citation is
begins]. 26.11.26.09.
26.11.26.09....................... General Conformity.. 1/29/07 June 18, 2010....... Formerly SIP
[Insert page number regulation
where the document 26.11.26.03.
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 34647]]
* * * * *
[FR Doc. 2010-14766 Filed 6-17-10; 8:45 am]
BILLING CODE 6560-50-P
