Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology for the 1997 8-Hour Ozone National Ambient Air Quality Standard, 28338-28340 [2012-11639]
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emcdonald on DSK29S0YB1PROD with PROPOSALS
28338
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Proposed Rules
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 proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 proposed rule
concerning Maryland’s adoption of the
CTG for offset lithographic printing and
letterpress printing does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
VerDate Mar<15>2010
14:46 May 11, 2012
Jkt 226001
Authority: 42 U.S.C. 7401 et seq.
Dated: May 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–11650 Filed 5–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0208; FRL–9672–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Reasonably Available
Control Technology for the 1997
8-Hour Ozone National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the State of
Maryland. This revision pertains to the
requirements for meeting reasonably
available control technology (RACT) for
the 1997 8-hour ozone national ambient
air quality standard (NAAQS). These
requirements are based on: A
certification that previously adopted
RACT controls in Maryland’s SIP, that
were approved by EPA under the 1-hour
ozone NAAQS, are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
1997 8-hour ozone NAAQS
implementation purposes; a negative
declaration demonstrating that no
facilities exist in the State for the
applicable control technique guideline
(CTG) categories; and adoption of new
or more stringent RACT determinations.
This action is being taken in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: Written comments must be
received on or before June 13, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0208 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2012–0208,
Cristina Fernandez, Associate Director,
Office of Program Planning, 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
SUMMARY:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
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–2012–
0208. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 email. 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 email
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 Maryland Department of the
Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
E:\FR\FM\14MYP1.SGM
14MYP1
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
emcdonald on DSK29S0YB1PROD with PROPOSALS
Jacqueline Lewis, (215) 814–2037, or by
email at lewis.jacqueline@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On October 17, 2011, the
Maryland Department of the
Environment submitted a revision to its
SIP that addresses requirements of
RACT for the 1997 8-hour ozone
NAAQS set forth by the CAA.
I. Background
Ozone is formed in the atmosphere by
photochemical reactions between
volatile organic compounds (VOC),
oxides of nitrogen (NOX), and carbon
monoxide (CO) in the presence of
sunlight. In order to reduce ozone
concentrations in the ambient air, the
CAA requires all nonattainment areas to
apply control on VOC and NOX
emission sources to achieve emission
reductions. Among effective control
measures, RACT controls are a major
group for reducing VOC and NOX
emissions from stationary sources.
Since the 1970’s, EPA has
consistently interpreted RACT to mean
the lowest emission limit that a
particular source is capable of meeting
by the application of the control
technology that is reasonably available
considering technological and economic
feasibility. See 44 FR 53761, September
17, 1979. Section 182 of the CAA sets
forth two separate RACT requirements
for ozone nonattainment areas. The first
requirement, contained in section
182(a)(2)(A) of the CAA and referred to
as RACT fix-up, requires the correction
of RACT rules for which EPA identified
deficiencies before the CAA was
amended in 1990. EPA published final
rulemaking notices approving the State
of Maryland’s SIP revisions in order to
correct their VOC RACT regulations and
establish and require the
implementation for revised SIP
regulations to control VOCs. See 58 FR
63085, November 30, 1993; 59 FR
46180, September 7, 1994; 59 FR 60908,
November 29, 1994; and 60 FR 2018,
January 6, 1995.
The second requirement, set forth in
section 182(b)(2) of the CAA and
referred to as RACT catch-up, applies to
moderate (or worse) ozone
nonattainment areas as well as to
marginal and attainment areas in the
ozone transport region (OTR)
established pursuant to section 184 of
the CAA, and requires these areas to
implement RACT controls on all major
VOC and NOX emission sources and on
all sources and source categories
covered by a CTG issued by EPA. On
January 6, 1995, EPA published one of
VerDate Mar<15>2010
14:46 May 11, 2012
Jkt 226001
many final rulemaking notices
approving the State of Maryland’s SIP
revision as meeting the CTG RACT
provisions of the CAA. See 60 FR 2018,
January 6, 1995.
All Maryland counties were subject to
RACT requirements under the 1-hour
ozone standard. The Baltimore,
Washington, DC, and Cecil County,
Maryland nonattainment areas were
designated as severe 1-hour ozone
nonattainment areas. Kent and Queen
Anne’s counties were designated as a
marginal 1-hour ozone nonattainment
area. All remaining Maryland counties
were identified as part of the OTR. As
part of the planning process, section
182(b)(2) of the CAA required the State
of Maryland to adopt all RACT
regulations for all CTG sources and all
major non-CTG VOC sources (VOC
sources with the potential to emit
greater than or equal to 25 tons per year
(TPY) in Baltimore, Washington, DC,
and Cecil County, Maryland
nonattainment areas and greater than or
equal to 50 TPY in the remainder of the
State) throughout the State.
On July 18, 1997, EPA promulgated
an 8-hour NAAQS for ozone. See 62 FR
38856, July 18, 1997. Under the 1997
8-hour ozone NAAQS, four areas were
designated nonattainment for the 1997
8-hour ozone standard in Maryland.
Three areas were classified as moderate
and one as marginal. Maryland also had
an Early Action Compact area. All other
remaining counties are part of the OTR.
The three moderate 1997 8-hour ozone
standard nonattainment areas are
Baltimore, Washington, DC, and Cecil
County (part of the Philadelphia
nonattainment area). The one marginal
1997 8-hour ozone NAAQS
nonattainment area consists of Kent and
Queen Anne’s Counties. Washington
County was part of the Early Action
Compact program.
EPA requires under the 1997 8-hour
ozone NAAQS that states meet the CAA
RACT requirements, either through a
certification that previously adopted
RACT controls in their SIP revisions be
approved by EPA under the 1-hour
ozone NAAQS represent adequate
RACT control levels for 1997 8-hour
ozone NAAQS attainment purposes, or
through the adoption of new or more
stringent regulations that represent
RACT control levels. A certification
must be accompanied by appropriate
supporting information such as
consideration of information received
during the public comment period and
consideration of new data. This
information may supplement existing
RACT guidance documents that were
developed for the 1-hour standard, such
that the state’s SIP accurately reflects
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
28339
RACT for the 1997 8-hour ozone
standard based on the current
availability of technically and
economically feasible controls.
Adoption of new RACT regulations will
occur when states have new stationary
sources not covered by existing RACT
regulations, or when new data or
technical information indicates that a
previously adopted RACT measure does
not represent a newly available RACT
control level. Another 1997 8-hour
ozone NAAQS requirement for RACT is
to submit a negative declaration that
there are no CTG major sources of VOC
and NOX emissions within Maryland.
II. Summary of SIP Revision
Maryland’s SIP revision contains the
requirements of RACT set forth by the
CAA under the 1997 8-hour ozone
NAAQS. Maryland’s SIP revision
satisfies the 1997 8-hour ozone standard
RACT requirements through (1)
certification that previously adopted
RACT controls in Maryland’s SIP that
were approved by EPA under the 1-hour
ozone NAAQS are based on the
currently available technically and
economically feasible controls and that
they continue to represent RACT for the
8-hour implementation purpose; (2) a
negative declaration demonstrating that
no facilities exist in Maryland for the
applicable CTG categories; and (3)
adoption of new or more stringent
RACT determinations. A detailed
summary of EPA’s review and rationale
for proposing to approve this SIP
revision may be found in the Technical
Support Document (TSD) for this action
which is available on line at
www.regulations.gov. Docket number
EPA–R03–OAR–2012–0208.
III. Proposed Action
EPA’s review of this material
indicates that Maryland has met the
requirements of RACT for NOX and
VOCs set forth by the CAA with respect
to the 1997 8-hour ozone standard. EPA
is proposing to approve the Maryland
SIP revision for the requirements of
RACT set forth by the CAA under the
1997 8-hour ozone NAAQS, which was
submitted on October 17, 2011. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
E:\FR\FM\14MYP1.SGM
14MYP1
emcdonald on DSK29S0YB1PROD with PROPOSALS
28340
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Proposed Rules
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 proposed rule
pertaining to Maryland RACT for the
1997 8-hour ozone NAAQS, does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
VerDate Mar<15>2010
14:46 May 11, 2012
Jkt 226001
Authority: 42 U.S.C. 7401 et seq.
Dated: May 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–11639 Filed 5–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 799
[EPA–HQ–OPPT–2005–0033; FRL–9350–1]
RIN 2070–AD16
Revocation of TSCA Section 4 Testing
Requirements for One High Production
Volume Chemical Substance
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing the
revocation of certain testing
requirements promulgated under the
Toxic Substances Control Act (TSCA)
for benzenesulfonic acid, [[4-[[4(phenylamino)phenyl][4-(phenylimino)2,5-cyclohexadien-1ylidene]methyl]phenyl]amino]- (CAS
No. 1324–76–1), also known as C.I.
Pigment Blue 61. EPA is basing its
decision to take this action on
information received since publication
of the final rule that established testing
requirements for this chemical
substance.
SUMMARY:
Comments must be received on
or before June 13, 2012.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2005–0033, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave. NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2005–0033.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
DATES:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
2005–0033. EPA’s policy is that all
comments received will be included in
the 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 regulations.gov or
email. The 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 email comment directly
to EPA without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the 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 docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., 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 in the electronic
docket at https://www.regulations.gov,
or, if only available in hard copy, at the
OPPT Docket. The OPPT Docket is
located in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
E:\FR\FM\14MYP1.SGM
14MYP1
]]>Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Proposed Rules]
[Pages 28338-28340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11639]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0208; FRL-9672-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology for the 1997 8-Hour
Ozone National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Maryland. This revision pertains to
the requirements for meeting reasonably available control technology
(RACT) for the 1997 8-hour ozone national ambient air quality standard
(NAAQS). These requirements are based on: A certification that
previously adopted RACT controls in Maryland's SIP, that were approved
by EPA under the 1-hour ozone NAAQS, are based on the currently
available technically and economically feasible controls, and that they
continue to represent RACT for the 1997 8-hour ozone NAAQS
implementation purposes; a negative declaration demonstrating that no
facilities exist in the State for the applicable control technique
guideline (CTG) categories; and adoption of new or more stringent RACT
determinations. This action is being taken in accordance with the
requirements of the Clean Air Act (CAA).
DATES: Written comments must be received on or before June 13, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0208 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: Fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2012-0208, Cristina Fernandez, Associate
Director, Office of Program Planning, 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-
2012-0208. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 email. 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 email 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 Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
[[Page 28339]]
FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or
by email at lewis.jacqueline@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On October 17, 2011, the
Maryland Department of the Environment submitted a revision to its SIP
that addresses requirements of RACT for the 1997 8-hour ozone NAAQS set
forth by the CAA.
I. Background
Ozone is formed in the atmosphere by photochemical reactions
between volatile organic compounds (VOC), oxides of nitrogen
(NOX), and carbon monoxide (CO) in the presence of sunlight.
In order to reduce ozone concentrations in the ambient air, the CAA
requires all nonattainment areas to apply control on VOC and
NOX emission sources to achieve emission reductions. Among
effective control measures, RACT controls are a major group for
reducing VOC and NOX emissions from stationary sources.
Since the 1970's, EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility. See 44 FR 53761,
September 17, 1979. Section 182 of the CAA sets forth two separate RACT
requirements for ozone nonattainment areas. The first requirement,
contained in section 182(a)(2)(A) of the CAA and referred to as RACT
fix-up, requires the correction of RACT rules for which EPA identified
deficiencies before the CAA was amended in 1990. EPA published final
rulemaking notices approving the State of Maryland's SIP revisions in
order to correct their VOC RACT regulations and establish and require
the implementation for revised SIP regulations to control VOCs. See 58
FR 63085, November 30, 1993; 59 FR 46180, September 7, 1994; 59 FR
60908, November 29, 1994; and 60 FR 2018, January 6, 1995.
The second requirement, set forth in section 182(b)(2) of the CAA
and referred to as RACT catch-up, applies to moderate (or worse) ozone
nonattainment areas as well as to marginal and attainment areas in the
ozone transport region (OTR) established pursuant to section 184 of the
CAA, and requires these areas to implement RACT controls on all major
VOC and NOX emission sources and on all sources and source
categories covered by a CTG issued by EPA. On January 6, 1995, EPA
published one of many final rulemaking notices approving the State of
Maryland's SIP revision as meeting the CTG RACT provisions of the CAA.
See 60 FR 2018, January 6, 1995.
All Maryland counties were subject to RACT requirements under the
1-hour ozone standard. The Baltimore, Washington, DC, and Cecil County,
Maryland nonattainment areas were designated as severe 1-hour ozone
nonattainment areas. Kent and Queen Anne's counties were designated as
a marginal 1-hour ozone nonattainment area. All remaining Maryland
counties were identified as part of the OTR. As part of the planning
process, section 182(b)(2) of the CAA required the State of Maryland to
adopt all RACT regulations for all CTG sources and all major non-CTG
VOC sources (VOC sources with the potential to emit greater than or
equal to 25 tons per year (TPY) in Baltimore, Washington, DC, and Cecil
County, Maryland nonattainment areas and greater than or equal to 50
TPY in the remainder of the State) throughout the State.
On July 18, 1997, EPA promulgated an 8-hour NAAQS for ozone. See 62
FR 38856, July 18, 1997. Under the 1997 8-hour ozone NAAQS, four areas
were designated nonattainment for the 1997 8-hour ozone standard in
Maryland. Three areas were classified as moderate and one as marginal.
Maryland also had an Early Action Compact area. All other remaining
counties are part of the OTR. The three moderate 1997 8-hour ozone
standard nonattainment areas are Baltimore, Washington, DC, and Cecil
County (part of the Philadelphia nonattainment area). The one marginal
1997 8-hour ozone NAAQS nonattainment area consists of Kent and Queen
Anne's Counties. Washington County was part of the Early Action Compact
program.
EPA requires under the 1997 8-hour ozone NAAQS that states meet the
CAA RACT requirements, either through a certification that previously
adopted RACT controls in their SIP revisions be approved by EPA under
the 1-hour ozone NAAQS represent adequate RACT control levels for 1997
8-hour ozone NAAQS attainment purposes, or through the adoption of new
or more stringent regulations that represent RACT control levels. A
certification must be accompanied by appropriate supporting information
such as consideration of information received during the public comment
period and consideration of new data. This information may supplement
existing RACT guidance documents that were developed for the 1-hour
standard, such that the state's SIP accurately reflects RACT for the
1997 8-hour ozone standard based on the current availability of
technically and economically feasible controls. Adoption of new RACT
regulations will occur when states have new stationary sources not
covered by existing RACT regulations, or when new data or technical
information indicates that a previously adopted RACT measure does not
represent a newly available RACT control level. Another 1997 8-hour
ozone NAAQS requirement for RACT is to submit a negative declaration
that there are no CTG major sources of VOC and NOX emissions
within Maryland.
II. Summary of SIP Revision
Maryland's SIP revision contains the requirements of RACT set forth
by the CAA under the 1997 8-hour ozone NAAQS. Maryland's SIP revision
satisfies the 1997 8-hour ozone standard RACT requirements through (1)
certification that previously adopted RACT controls in Maryland's SIP
that were approved by EPA under the 1-hour ozone NAAQS are based on the
currently available technically and economically feasible controls and
that they continue to represent RACT for the 8-hour implementation
purpose; (2) a negative declaration demonstrating that no facilities
exist in Maryland for the applicable CTG categories; and (3) adoption
of new or more stringent RACT determinations. A detailed summary of
EPA's review and rationale for proposing to approve this SIP revision
may be found in the Technical Support Document (TSD) for this action
which is available on line at www.regulations.gov. Docket number EPA-
R03-OAR-2012-0208.
III. Proposed Action
EPA's review of this material indicates that Maryland has met the
requirements of RACT for NOX and VOCs set forth by the CAA
with respect to the 1997 8-hour ozone standard. EPA is proposing to
approve the Maryland SIP revision for the requirements of RACT set
forth by the CAA under the 1997 8-hour ozone NAAQS, which was submitted
on October 17, 2011. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions,
[[Page 28340]]
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. Accordingly, this action merely proposes to
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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 proposed rule pertaining to Maryland RACT for the
1997 8-hour ozone NAAQS, does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 2, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-11639 Filed 5-11-12; 8:45 am]
BILLING CODE 6560-50-P
