Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permit To Construct Exemptions, 34808-34810 [2012-14103]
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34808
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal
date/effective date
EPA approved date
Comments
*
Regional Haze Plan ...........
*
*
statewide ...........................
*
12/30/2009 and 5/8/2012 ..
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*
6/12/2012, [Insert page
number where the document begins].
*
Includes all regional haze
plan elements except
BART emission limitations for the taconite facilities.
*
*
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*
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*
[FR Doc. 2012–14101 Filed 6–11–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0394; FRL–9684–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Permit To Construct
Exemptions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
(SIP). The revisions pertain to sources
which are exempt from preconstruction
permitting requirements under
Maryland’s New Source Review (NSR)
program. EPA is approving these
revisions in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on August
13, 2012 without further notice, unless
EPA receives adverse written comment
by July 12, 2012. 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–2012–0394 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA–R03–OAR–2012–0292,
Kathleen Cox, Associate Director, Office
of Permits and Air Toxics, Mailcode
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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DATES:
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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–2012–
0394. 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
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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:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On October 17, 2011, the
Maryland Department of the
Environment (MDE) submitted a formal
revision (#11–07) to its State
Implementation Plan (SIP). The SIP
revision consists of the addition of an
exemption from preconstruction
permitting requirements for
insignificant sources of volatile organic
compounds (VOC’s).
II. Summary of SIP Revision
Regulation .10 under COMAR
26.11.02 (Permits, Approvals, and
Registration) contains exemptions for
certain sources that are not required to
obtain approvals or permits to construct
prior to the construction or modification
of the affected source. Specifically,
COMAR 26.11.02.10X (as it currently
exists in the Maryland SIP) provides
such an exemption for sources that emit
less than one (1) ton per year (tpy) of
each pollutant which is a Class II toxic
air pollutant, or a pollutant for which
there is a federal ambient air quality
standard. Regulation .10X also provides
such an exemption for sources that emit
less than one (1) pound per day of a
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations
Class I toxic air pollutant. Maryland’s
proposed revisions add sources of
VOC’s to the list of sources eligible for
the 1 tpy exemption under section .10X.
Additionally, the revisions clarify that
the thresholds for exemption apply to a
source’s ‘‘pre-control potential-to-emit.’’
The revisions to COMAR
26.11.02.10X were effective in Maryland
on August 11, 2011. The MDE submitted
them to EPA for approval into the SIP
on October 17, 2011. EPA’s review of
the SIP submittal finds the revisions
consistent with CAA requirements.
III. Final Action
EPA is approving MDE’s October 17,
2011 SIP submittal. 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 13, 2012 without further notice
unless EPA receives adverse comment
by July 12, 2012. 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.
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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
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
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34809
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.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
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.
Dated: June 1, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
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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 13, 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking.
This action pertaining to permit to
construct exemptions under Maryland’s
NSR program may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2) of
the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for 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
(c) is amended by revising the entry for
COMAR 26.11.02.10 to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland administrative regulations (COMAR) citation
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26.11.02.10 .............................
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6/12/12 ...................................
[Insert page number where
the document begins].
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Revised .10X
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This final rule is effective on July
12, 2012.
requirements for the 1-hour ozone
NAAQS.1
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0680. All
documents in the docket are listed in
the 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
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.
A. Determination of Failure To Attain
the 1-Hour Ozone NAAQS by the
Applicable Attainment Date
Pursuant to EPA’s authority to ensure
implementation of 1-hour ozone antibacksliding requirements and section
301 of the Clean Air Act (CAA), EPA is
determining that complete, qualityassured and certified data for 2003–2005
show that the Baltimore area previously
failed to attain the 1-hour ozone
standard by its applicable November 15,
2005 attainment deadline.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R03–OAR–2011–0680; FRL–9685–5]
Determination of Failure To Attain by
2005 and Determination of Current
Attainment of the 1-Hour Ozone
National Ambient Air Quality
Standards in the Baltimore
Nonattainment Area in Maryland
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is issuing two separate
and independent final determinations
related to the Baltimore 1-hour ozone
nonattainment area. First, EPA is
determining that the Baltimore area
previously failed to attain the 1-hour
ozone National Ambient Air Quality
Standard (NAAQS) by its applicable
attainment deadline of November 15,
2005 (based on complete, qualityassured and certified ozone monitoring
data for 2003–2005). Second, EPA is
also determining that the Baltimore area
is currently attaining the now revoked
1-hour ozone NAAQS based on
complete, quality-assured and certified
ozone monitoring data for 2008–2010
and continuing for 2009–2011. Thus,
quality-assured ozone monitoring data
in the Air Quality System (AQS) show
that the area has been attaining the
revoked 1-hour ozone standard since
2008. EPA’s determination that the area
has attained the 1-hour ozone standard
obviates the need for submission of any
contingency measures for failure to
attain that revoked standard.
SUMMARY:
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DATES:
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[FR Doc. 2012–14103 Filed 6–11–12; 8:45 am]
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Sources Exempt from Permits
to Construct and Approvals.
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Permits, Approvals, and Registration
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Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
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26.11.02
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State effective
date
Title/subject
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FOR FURTHER INFORMATION CONTACT:
Christopher Cripps, (215) 814–2179, or
by email at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What actions EPA is taking?
II. What is the background for these actions?
III. What comments were received on these
actions and what are EPA’s responses?
IV. Final Actions
V. Statutory and Executive Order Reviews
I. What actions EPA is taking?
EPA is issuing two separate and
independent determinations for the
Baltimore area related to
implementation of anti-backsliding
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B. Determination of Current Attainment
of the 1-Hour Ozone NAAQS
EPA is determining that the Baltimore
area is currently attaining the 1-hour
ozone standard. EPA’s determination is
based on the most recent three-year
periods of complete, quality-assured
and certified data, 2008–2010 and
continuing in 2009–2011. Moreover,
complete, quality-assured and certified
data show that the Baltimore area has
attained the 1-hour ozone standard
since the 2006–2008 monitoring period
and for every three-year period since
that time. Pursuant to EPA’s
interpretation, as set forth in its Clean
Data Policy 2 and the cases and
regulations that embody it, EPA has
determined that the Baltimore area is no
longer obliged to submit and implement
the 1-hour ozone contingency measure
requirement of CAA section 172(c)(9).
In order to determine the area’s air
quality status for purposes of this
action, EPA reviewed ozone monitoring
1 Hereafter the term ‘‘1-hour ozone NAAQS’’ may
be expressed either as ‘‘1-hour ozone NAAQS’’ or
as ‘‘1-hour ozone standard.’’
2 See ‘‘Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for
Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,’’ (Clean
Data Policy) dated May 10, 1995.
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[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Rules and Regulations]
[Pages 34808-34810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14103]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0394; FRL-9684-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Permit To Construct Exemptions
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 pertain to
sources which are exempt from preconstruction permitting requirements
under Maryland's New Source Review (NSR) program. EPA is approving
these revisions in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on August 13, 2012 without further
notice, unless EPA receives adverse written comment by July 12, 2012.
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-2012-0394 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: cox.kathleen@epa.gov.
C. Mail: EPA-R03-OAR-2012-0292, Kathleen Cox, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, 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-
2012-0394. 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 the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On October 17, 2011, the Maryland Department of the
Environment (MDE) submitted a formal revision (11-07) to its
State Implementation Plan (SIP). The SIP revision consists of the
addition of an exemption from preconstruction permitting requirements
for insignificant sources of volatile organic compounds (VOC's).
II. Summary of SIP Revision
Regulation .10 under COMAR 26.11.02 (Permits, Approvals, and
Registration) contains exemptions for certain sources that are not
required to obtain approvals or permits to construct prior to the
construction or modification of the affected source. Specifically,
COMAR 26.11.02.10X (as it currently exists in the Maryland SIP)
provides such an exemption for sources that emit less than one (1) ton
per year (tpy) of each pollutant which is a Class II toxic air
pollutant, or a pollutant for which there is a federal ambient air
quality standard. Regulation .10X also provides such an exemption for
sources that emit less than one (1) pound per day of a
[[Page 34809]]
Class I toxic air pollutant. Maryland's proposed revisions add sources
of VOC's to the list of sources eligible for the 1 tpy exemption under
section .10X. Additionally, the revisions clarify that the thresholds
for exemption apply to a source's ``pre-control potential-to-emit.''
The revisions to COMAR 26.11.02.10X were effective in Maryland on
August 11, 2011. The MDE submitted them to EPA for approval into the
SIP on October 17, 2011. EPA's review of the SIP submittal finds the
revisions consistent with CAA requirements.
III. Final Action
EPA is approving MDE's October 17, 2011 SIP submittal. 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 13, 2012 without further notice
unless EPA receives adverse comment by July 12, 2012. 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.
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 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 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 13, 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action pertaining to permit to construct exemptions under
Maryland's NSR program may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 1, 2012.
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 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 revising
the entry for COMAR 26.11.02.10 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 34810]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective date EPA approval date citation at 40 CFR
52.1100
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* * * * * * *
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26.11.02 Permits, Approvals, and Registration
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* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.02.10...................... Sources Exempt from 8/11/11 6/12/12............ Revised .10X
Permits to [Insert page number
Construct and where the document
Approvals. begins].
* * * * * * *
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* * * * *
[FR Doc. 2012-14103 Filed 6-11-12; 8:45 am]
BILLING CODE 6560-50-P
