Approval and Promulgation of Air Quality Implementation Plans; State of Maryland; Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 72624-72626 [2011-30299]
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72624
Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0476; FRL–9495–6]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Maryland; Section 110(a)(2)
Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) submittals
from the State of Maryland pursuant to
the Clean Air Act (CAA). Whenever new
or revised national ambient air quality
standards (NAAQS) are promulgated,
the CAA requires states to submit a plan
for the implementation, maintenance,
and enforcement of such NAAQS. The
plan is required to address basic
program elements, including, but not
limited to regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the standards. These elements are
referred to as infrastructure
requirements. Maryland has made
submittals addressing the infrastructure
requirements for the 1997 8-hour ozone
and fine particulate matter (PM2.5)
NAAQS and the 2006 PM2.5 NAAQS.
This action approves portions of those
submittals.
DATES: Effective Date: This final rule is
effective on December 27, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0476. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., 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 either electronically through
https://www.regulations.gov or in hard
copy for public inspection 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
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SUMMARY:
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the Environment, 1800 Washington
Boulevard, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On September 12, 2011 (76 FR 56130),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of Maryland submittals that provide the
infrastructure elements specified in
CAA section 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof, necessary to
implement, maintain, and enforce the
1997 8-hour ozone and PM2.5 NAAQS
and the 2006 PM2.5 NAAQS. The formal
submittals by the State of Maryland
dated July 27, 2007 and November 30,
2007 addressed the section 110(a)(2)
requirements for the 1997 8-hour ozone
NAAQS; the submittals dated April 3,
2008 and April 16, 2010 addressed the
section 110(a)(2) requirements for the
1997 p.m.2.5 NAAQS; and the submittals
dated April 16, 2010 and July 21, 2010
addressed the section 110(a)(2)
requirements for the 2006 PM2.5
NAAQS.
II. Summary of SIP Revision
The submittals referenced in the
Background section of this rulemaking
action address the infrastructure
elements specified in CAA section
110(a)(2). These submittals provide for
implementation, maintenance, and
enforcement of the 1997 8-hour ozone
NAAQS, the 1997 PM2.5 NAAQS, and
the 2006 PM2.5 NAAQS. The rationale
supporting EPA’s proposed action,
including the scope of infrastructure
SIPs in general, is explained in the NPR
and the technical support document
(TSD) and will not be restated here. The
TSD is available online at https://
www.regulations.gov, Docket ID number
EPA–R03–OAR–2010–0476. No public
comments were received on the NPR.
III. Final Action
EPA is approving the State of
Maryland submittals that provide the
infrastructure elements specified in
CAA sections 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof, necessary to
implement, maintain, and enforce the
1997 8-hour ozone and PM2.5 NAAQS
and the 2006 PM2.5 NAAQS.
This final rule is limited to the
infrastructure elements which were
subject to EPA’s completeness findings
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
pursuant to CAA section 110(k)(1) for
the 1997 8-hour ozone NAAQS dated
March 27, 2008 (73 FR 16205) and the
1997 PM2.5 NAAQS dated October 22,
2008 (73 FR 62902). These findings
pertained only to whether the
submissions were complete, pursuant to
section 110(k)(1)(A), and did not
constitute EPA approval or disapproval
of such submissions. With respect to
this permit program, on November 29,
2005 (70 FR 71612), EPA promulgated a
change that made nitrogen oxides (NOX)
a precursor for ozone in the part C
regulations at 40 CFR 51.166 and 40
CFR 52.21. In the March 27, 2008
completeness findings, EPA determined
that Maryland failed to submit a SIP
revision to its part C Prevention of
Significant Deterioration (PSD) permit
program to fully incorporate NOX as a
precursor for ozone. EPA will take
separate action on the portions of
section 110(a)(2)(C) and (J) for the 1997
8-hour ozone and PM2.5 NAAQS and the
2006 PM2.5 NAAQS as they relate to
Maryland’s part C PSD permit program.
Two elements identified in section
110(a)(2) are not governed by the three
year submission deadline of section
110(a)(1) because SIPs incorporating
necessary local nonattainment area
controls are not due within three years
after promulgation of a new or revised
NAAQS, but rather are due at the time
the nonattainment area plan
requirements are due pursuant to CAA
section 172. This action does not cover
these specific elements. This action also
does not address the requirements of
section 110(a)(2)(D)(i) for the 1997 8hour ozone and PM2.5 NAAQS and the
2006 PM2.5 NAAQS. The
110(a)(2)(D)(i)(I) requirements have been
addressed by separate findings issued
by EPA (70 FR 21147, April 25, 2005
and 75 FR 32673, June 9, 2010), and a
Federal implementation plan (FIP) (75
FR 45210, August 2, 2010). The
110(a)(2)(D)(i)(II) portion of these
requirements are addressed through
110(a)(2) SIP submittals that EPA will
take separate action on.
IV. 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
E:\FR\FM\25NOR1.SGM
25NOR1
Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations
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 the requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
shall not postpone the effectiveness of
such rule or action.
This action, pertaining to Maryland’s
section 110(a)(2) infrastructure SIP
submittals for the 1997 8-hour ozone
and PM2.5 NAAQS, and the 2006 p.m.2.5
NAAQS, may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
B. Submission to Congress and the
Comptroller General
List of Subjects in 40 CFR Part 52
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 January 24, 2012. 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
Applicable geographic area
State
submittal
date
*
*
Section 110(a)(2) Infrastructure
Requirements for the 1997
8-Hour Ozone NAAQS.
*
Statewide ................................
*
7/27/07, 11/
30/07
Section 110(a)(2) Infrastructure
Requirements for the, 1997
PM2.5 NAAQS.
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Name of non-regulatory SIP
revision
Statewide ................................
4/3/08,
4/16/10
Section 110(a)(2) Infrastructure
Requirements for the 2006
PM2.5 NAAQS.
Statewide ................................
4/16/10,
7/21/10
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Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 14, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 40 CFR
part 52 continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding entries at the
end of the table for Section 110(a)(2)
Infrastructure Requirements for the 1997
8-Hour Ozone NAAQS, Section
110(a)(2) Infrastructure Requirements
for the 1997 p.m.2.5 NAAQS, and
Section 110(a)(2) Infrastructure
Requirements for the 2006 p.m.2.5
NAAQS. The amendments read as
follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
EPA approval date
*
*
Additional explanation
*
*
*
11/25/11, [Insert page number This action addresses the folwhere the document begins].
lowing CAA elements or
portions thereof:
110(a)(2)(A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K),
(L), and (M).
11/25/11, [Insert page number This action addresses the folwhere the document begins].
lowing CAA elements or
portions thereof:
110(a)(2)(A),, (B), (C),
(D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M).
11/25/11, [Insert page number This action addresses the folwhere the document begins].
lowing CAA elements or
portions thereof:
110(a)(2)(A), (B), (C), (D)(ii),
(E), (F), (G), (H), (J), (K),
(L), and (M).
Sfmt 4700
E:\FR\FM\25NOR1.SGM
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72626
Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations
[FR Doc. 2011–30299 Filed 11–23–11; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
I. Background
On September 23, 2011 (76 FR 59089),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval
of a regulation that amends the control
of VOC emissions from offset
lithographic printing and letterpress
printing (7 DE Admin Code 1124,
Section 47.0). The purpose of this SIP
revision is to conform to the new CTG
issued by EPA in September 2006 (EPA–
453/R–06–002) for the offset
lithographic printing industry by adding
control requirements for letterpress
printing operations. The formal SIP
revision that reflects the new
requirements was submitted by the
Delaware Department of Natural
Resources and Environmental Control
(DNREC) on May 25, 2011.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0603; FRL–9493–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Amendments to the Control
of Volatile Organic Compound
Emissions From Offset Lithographic
Printing and Letterpress Printing
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware. The
SIP revision amends the control of
volatile organic compound (VOC)
emissions from offset lithographic
printing and letterpress printing. EPA is
approving this SIP revision to meet the
requirements of a reasonably available
control technology (RACT) rule for the
offset lithographic printing and
letterpress printing control technique
guideline (CTG) category in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: Effective Date: This final rule is
effective on December 27, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0603. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., 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 either electronically through
https://www.regulations.gov or in hard
copy for public inspection 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 Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by email at
quinto.rose@epa.gov.
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SUMMARY:
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II. Summary of SIP Revision
DNREC’s SIP revision to Section 47.0
expands the control of VOC emissions
to include letterpress printing presses
and sets up a new and more stringent 95
percent reduction standard for those
control systems installed after April 11,
2011 (effective date of the SIP revision).
Amendments to Section 47.0 also
include specifying a one-year transition
period for facilities to comply with the
new requirements and providing
flexibility for facilities to locate
unspecified temperature monitoring
devices for control systems. Other
specific requirements of Section 47.0
and the rationale for EPA’s proposed
action are explained in the NPR and
will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving the control of VOC
emissions from offset lithographic
printing and letterpress printing (7 DE
Admin Code 1124, Section 47.0) as a
revision to the Delaware SIP. This SIP
revision meets the requirements of a
RACT rule for the offset lithographic
printing and letterpress printing CTG
category.
IV. 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175(65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
E:\FR\FM\25NOR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72624-72626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30299]
[[Page 72624]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0476; FRL-9495-6]
Approval and Promulgation of Air Quality Implementation Plans;
State of Maryland; Section 110(a)(2) Infrastructure Requirements for
the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) submittals
from the State of Maryland pursuant to the Clean Air Act (CAA).
Whenever new or revised national ambient air quality standards (NAAQS)
are promulgated, the CAA requires states to submit a plan for the
implementation, maintenance, and enforcement of such NAAQS. The plan is
required to address basic program elements, including, but not limited
to regulatory structure, monitoring, modeling, legal authority, and
adequate resources necessary to assure attainment and maintenance of
the standards. These elements are referred to as infrastructure
requirements. Maryland has made submittals addressing the
infrastructure requirements for the 1997 8-hour ozone and fine
particulate matter (PM2.5) NAAQS and the 2006
PM2.5 NAAQS. This action approves portions of those
submittals.
DATES: Effective Date: This final rule is effective on December 27,
2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0476. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
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 either electronically through https://www.regulations.gov or in hard copy for public inspection 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,
Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On September 12, 2011 (76 FR 56130), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of Maryland submittals that provide the infrastructure
elements specified in CAA section 110(a)(2)(A), (B), (C), (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary
to implement, maintain, and enforce the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. The formal
submittals by the State of Maryland dated July 27, 2007 and November
30, 2007 addressed the section 110(a)(2) requirements for the 1997 8-
hour ozone NAAQS; the submittals dated April 3, 2008 and April 16, 2010
addressed the section 110(a)(2) requirements for the 1997
p.m.2.5 NAAQS; and the submittals dated April 16, 2010 and
July 21, 2010 addressed the section 110(a)(2) requirements for the 2006
PM2.5 NAAQS.
II. Summary of SIP Revision
The submittals referenced in the Background section of this
rulemaking action address the infrastructure elements specified in CAA
section 110(a)(2). These submittals provide for implementation,
maintenance, and enforcement of the 1997 8-hour ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. The
rationale supporting EPA's proposed action, including the scope of
infrastructure SIPs in general, is explained in the NPR and the
technical support document (TSD) and will not be restated here. The TSD
is available online at https://www.regulations.gov, Docket ID number
EPA-R03-OAR-2010-0476. No public comments were received on the NPR.
III. Final Action
EPA is approving the State of Maryland submittals that provide the
infrastructure elements specified in CAA sections 110(a)(2)(A), (B),
(C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions
thereof, necessary to implement, maintain, and enforce the 1997 8-hour
ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS.
This final rule is limited to the infrastructure elements which
were subject to EPA's completeness findings pursuant to CAA section
110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 (73 FR
16205) and the 1997 PM2.5 NAAQS dated October 22, 2008 (73
FR 62902). These findings pertained only to whether the submissions
were complete, pursuant to section 110(k)(1)(A), and did not constitute
EPA approval or disapproval of such submissions. With respect to this
permit program, on November 29, 2005 (70 FR 71612), EPA promulgated a
change that made nitrogen oxides (NOX) a precursor for ozone
in the part C regulations at 40 CFR 51.166 and 40 CFR 52.21. In the
March 27, 2008 completeness findings, EPA determined that Maryland
failed to submit a SIP revision to its part C Prevention of Significant
Deterioration (PSD) permit program to fully incorporate NOX
as a precursor for ozone. EPA will take separate action on the portions
of section 110(a)(2)(C) and (J) for the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS as they
relate to Maryland's part C PSD permit program.
Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area controls are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to CAA section 172. This action does not cover these
specific elements. This action also does not address the requirements
of section 110(a)(2)(D)(i) for the 1997 8-hour ozone and
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. The
110(a)(2)(D)(i)(I) requirements have been addressed by separate
findings issued by EPA (70 FR 21147, April 25, 2005 and 75 FR 32673,
June 9, 2010), and a Federal implementation plan (FIP) (75 FR 45210,
August 2, 2010). The 110(a)(2)(D)(i)(II) portion of these requirements
are addressed through 110(a)(2) SIP submittals that EPA will take
separate action on.
IV. 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
[[Page 72625]]
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 the requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 24, 2012. 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, pertaining to Maryland's section 110(a)(2)
infrastructure SIP submittals for the 1997 8-hour ozone and
PM2.5 NAAQS, and the 2006 p.m.2.5 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, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 14, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR 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
entries at the end of the table for Section 110(a)(2) Infrastructure
Requirements for the 1997 8-Hour Ozone NAAQS, Section 110(a)(2)
Infrastructure Requirements for the 1997 p.m.2.5 NAAQS, and
Section 110(a)(2) Infrastructure Requirements for the 2006
p.m.2.5 NAAQS. The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide........... 7/27/07, 11/ 11/25/11, [Insert This action
Requirements for the 1997 8-Hour 30/07 page number where addresses the
Ozone NAAQS. the document following CAA
begins]. elements or
portions thereof:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Section 110(a)(2) Infrastructure Statewide........... 4/3/08, 4/ 11/25/11, [Insert This action
Requirements for the, 1997 PM2.5 16/10 page number where addresses the
NAAQS. the document following CAA
begins]. elements or
portions thereof:
110(a)(2)(A),, (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Section 110(a)(2) Infrastructure Statewide........... 4/16/10, 7/ 11/25/11, [Insert This action
Requirements for the 2006 PM2.5 21/10 page number where addresses the
NAAQS. the document following CAA
begins]. elements or
portions thereof:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
----------------------------------------------------------------------------------------------------------------
[[Page 72626]]
[FR Doc. 2011-30299 Filed 11-23-11; 8:45 am]
BILLING CODE 6560-50-P
