Approval and Promulgation of Air Quality Implementation Plans; Maryland; The 2002 Base Year Emissions Inventory for the Washington DC-MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard, 61513-61515 [2012-24645]
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<![CDATA[
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
[FR Doc. 2012–24523 Filed 10–9–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 400
[Docket No. FAA–2012–0318; Notice No.
400–4]
RIN 2120–AK16
Voluntary Licensing of Amateur
Rocket Operations; Correction; Delay
of Effective Date
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; correction;
delay of effective date.
AGENCY:
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15:13 Oct 09, 2012
Jkt 229001
[FR Doc. 2012–25021 Filed 10–9–12; 8:45 am]
BILLING CODE 4910–13–P
SUPPLEMENTARY INFORMATION:
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1101
On August 22, 2012, the FAA
published the direct final rule entitled,
‘‘Voluntary Licensing of Amateur
Rocket Operations’’ (77 FR 50584). In
this rule, the FAA is amending the
scope of its regulations to allow launch
operators that conduct certain amateur
rocket launches an opportunity to
voluntarily apply for a commercial
space transportation license or
experimental permit. This rule received
4 adverse comments prior to comment
period closing on September 21, 2012.
The rule contained the effective date of
October 9, 2012.
Information Disclosure Under Section
6(b) of the Consumer Product Safety
Act
CFR Correction
In Title 16 of the Code of Federal
Regulations, Part 1000 to End, revised as
of January 1, 2012, on page 147, in
§ 1101.25 (a) and (b), the words ‘‘5
working’’ are corrected to read ‘‘5’’.
■
[FR Doc. 2012–25016 Filed 10–9–12; 8:45 am]
BILLING CODE 1505–01–D
Correction
The original publication contained an
incorrect regulatory identification
number (RIN). This document contains
the correct RIN 2120–AK16.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Reason for Delay of Effective Date
This action delays the
effective date for a direct final rule that
was published on August 22, 2012. In
that rule, the FAA amends the scope of
its regulations to allow launch operators
that conduct certain amateur rocket
launches an opportunity to voluntarily
apply for a commercial space
transportation license or experimental
permit. The FAA has received several
adverse comments to this rule, and
delays the effective date to allow time
for adequate analysis and a final
determination. This document also
corrects the regulatory identification
number on the original publication.
DATES: The effective date for the direct
final rule published on August 22, 2012,
was scheduled to be October 9, 2012,
and is delayed until November 8, 2012.
FOR FURTHER INFORMATION CONTACT: For
technical questions, contact Shirley
McBride, Senior Transportation
Industry Analyst, Regulations and
Analysis Division, AST–300, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–7470; facsimile (202) 267–5463;
email Shirley.McBride@faa.gov. For
legal questions, contact Laura
Montgomery, Senior Attorney for
VerDate Mar<15>2010
Issued in Washington, DC, October 4, 2012.
Lirio Liu,
Director, Office of Rulemaking.
Background
Issued in Renton, Washington, on
September 27, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
SUMMARY:
Commercial Space Transportation,
Office of the Chief Counsel, Regulations
Division, AGC–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3150; facsimile
(202) 267–7971, email
laura.montgomery@faa.gov.
61513
A direct final rule is based on the
Administrative Procedure Act’s good
cause exception to prior notice and
comment procedures, 5 U.S.C. 553. This
exception is used where we have found
that prior public comment procedure
may be unnecessary because adverse
comments are not expected. In
determining whether an adverse
comment is significant enough to end a
rulemaking, we consider whether the
comment would warrant a substantive
response in a notice of proposed
rulemaking (NPRM).
The effective date of a direct final rule
is normally a minimum of 30 calendar
days after the end of the comment
period. This rule published with an
effective date of 15 calendar days after
the end of the comment period to
accommodate NASA’s deadline in
funding licensed launches. However, we
received 4 substantive comments that
require further analysis and
determination. The FAA needs
additional time to address the
comments received and decide on the
appropriate action.
Conclusion
Accordingly, the effective date for
Notice No. 400–4 is delayed until
November 8, 2012.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
[EPA–R03–OAR–2010–0140; FRL–9735–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; The 2002 Base Year
Emissions Inventory for the
Washington DC–MD–VA
Nonattainment Area for the 1997 Fine
Particulate Matter National Ambient Air
Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
emissions inventory portion of the
Maryland State Implementation Plan
(SIP) revision submitted by the State of
Maryland, through the Maryland
Department of the Environment (MDE),
on April 3, 2008. The emissions
inventory is part of the April 3, 2008 SIP
revision that was submitted to meet
nonattainment requirements related to
Maryland’s portion of the Washington
DC–MD–VA nonattainment area
(hereafter referred to as Maryland Area
or Area) for the 1997 PM2.5 National
Ambient Air Quality Standard (NAAQS)
SIP. EPA is approving the 2002 base
year PM2.5 emissions inventory in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This final rule is effective on
November 9, 2012.
SUMMARY:
E:\FR\FM\10OCR1.SGM
10OCR1
61514
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0140. 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.
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:
Asrah Khadr, (215) 814–2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On July 20, 2012 (77 FR 42686),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of the 2002 base year emissions
inventory portion of the Maryland SIP
revision. The formal SIP revision (#08–
06) was submitted by the State of
Maryland on April 3, 2008.
rmajette on DSK2TPTVN1PROD with RULES
II. Summary of SIP Revision
The 2002 base year emissions
inventory submitted by MDE on April 3,
2008 includes emissions estimates that
cover the general source categories of
point sources, non-road mobile sources,
area sources, on-road mobile sources,
and biogenic sources. The pollutants
that comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2). EPA has reviewed
the results, procedures and
methodologies for the base year
emissions inventory submitted by MDE.
The year 2002 was selected by MDE as
the base year for the emissions
inventory per 40 CFR 51.1008(b). A
discussion of the emissions inventory
development as well as the emissions
inventory can be found in Appendix B
of the April 3, 2008 SIP submittal and
VerDate Mar<15>2010
15:13 Oct 09, 2012
Jkt 229001
in the NPR. Specific requirements of the
base year inventory and the rationale for
EPA’s 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 2002 base year
PM2.5 emissions inventory as a revision
to the Maryland SIP.
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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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 December 10, 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 the PM2.5 2002 base year
emissions inventory portion of the
Maryland SIP may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: September 13, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
E:\FR\FM\10OCR1.SGM
10OCR1
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
Subpart V—Maryland
particulate matter (PM2.5) standard’’ to
read as follows:
2. In § 52.1070, the table in paragraph
(e) is amended by adding at the end of
the table an entry for ‘‘2002 Base Year
Emissions Inventory for the 1997 fine
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1070
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Name of non-regulatory SIP revision
State submittal date
Applicable geographic area
*
*
*
*
2002 Base Year Emissions Inven- Maryland portion of the Washington
tory for the 1997 fine particulate DC–MD–VA 1997 PM2.5 nonmatter (PM2.5) standard.
attainment area.
3. In § 52.1075, paragraph (l) is added
to read as follows:
■
§ 52.1075
Base year emissions inventory.
*
*
*
*
*
(l) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventory for
the Maryland portion of the Washington
DC–MD–VA 1997 fine particulate matter
(PM2.5) nonattainment area submitted by
the Maryland Department of
Environment on April 3, 2008. The 2002
base year emissions inventory includes
emissions estimates that cover the
general source categories of point
sources, non-road mobile sources, area
sources, on-road mobile sources, and
biogenic sources. The pollutants that
comprise the inventory are nitrogen
oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse
particles (PM10), ammonia (NH3), and
sulfur dioxide (SO2).
[FR Doc. 2012–24645 Filed 10–9–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2011–0949; FRL–9361–7]
Alkyl Amines Polyalkoxylates;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends the
exemption from the requirement of a
tolerance for residues alkyl amines
polyalkoxylates under 40 CFR 180.920
and 40 CFR 180.930 to include the
additional Chemical Abstract Service
Registry Number (CAS Reg. No.)
1266162–49–5. BASF Corporation
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
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SUMMARY:
VerDate Mar<15>2010
15:13 Oct 09, 2012
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61515
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
Frm 00005
Fmt 4700
*
*
*
*
(e) EPA-approved nonregulatory and
quasi-regulatory material.
EPA approval date
*
*
4/3/08 10/10/12 [Insert page number where
the document begins].
(FFDCA), requesting an amendment to
an existing requirement of a tolerance.
DATES: This regulation is effective
October 10, 2012. Objections and
requests for hearings must be received
on or before December 10, 2012, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0949 is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Fertich, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 347–8560; email address:
fertich.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Identification of plan.
*
Sfmt 4700
Additional
explanation
*
§ 52.1075(l)
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0949 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 10, 2012. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any CBI) for inclusion in the public
docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit the non-
E:\FR\FM\10OCR1.SGM
10OCR1
]]>Agencies
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61513-61515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24645]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0140; FRL-9735-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The 2002 Base Year Emissions Inventory for the Washington DC-
MD-VA Nonattainment Area for the 1997 Fine Particulate Matter National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the fine particulate matter
(PM2.5) 2002 base year emissions inventory portion of the
Maryland State Implementation Plan (SIP) revision submitted by the
State of Maryland, through the Maryland Department of the Environment
(MDE), on April 3, 2008. The emissions inventory is part of the April
3, 2008 SIP revision that was submitted to meet nonattainment
requirements related to Maryland's portion of the Washington DC-MD-VA
nonattainment area (hereafter referred to as Maryland Area or Area) for
the 1997 PM2.5 National Ambient Air Quality Standard (NAAQS)
SIP. EPA is approving the 2002 base year PM2.5 emissions
inventory in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 9, 2012.
[[Page 61514]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0140. 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. 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: Asrah Khadr, (215) 814-2071, or by
email at khadr.asrah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA. On July 20, 2012 (77 FR 42686), EPA published a
notice of proposed rulemaking (NPR) for the State of Maryland. The NPR
proposed approval of the 2002 base year emissions inventory portion of
the Maryland SIP revision. The formal SIP revision (08-06) was
submitted by the State of Maryland on April 3, 2008.
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by MDE on April 3,
2008 includes emissions estimates that cover the general source
categories of point sources, non-road mobile sources, area sources, on-
road mobile sources, and biogenic sources. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, coarse particles (PM10),
ammonia (NH3), and sulfur dioxide (SO2). EPA has
reviewed the results, procedures and methodologies for the base year
emissions inventory submitted by MDE. The year 2002 was selected by MDE
as the base year for the emissions inventory per 40 CFR 51.1008(b). A
discussion of the emissions inventory development as well as the
emissions inventory can be found in Appendix B of the April 3, 2008 SIP
submittal and in the NPR. Specific requirements of the base year
inventory and the rationale for EPA's 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 2002 base year PM2.5 emissions
inventory as a revision to the Maryland SIP.
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 December 10, 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 the PM2.5 2002 base year
emissions inventory portion of the Maryland SIP may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 13, 2012.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
[[Page 61515]]
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding at
the end of the table an entry for ``2002 Base Year Emissions Inventory
for the 1997 fine particulate matter (PM2.5) standard'' to
read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) EPA-approved nonregulatory and quasi-regulatory material.
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State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
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* * * * * * *
2002 Base Year Emissions Inventory Maryland portion of 4/3/08 10/10/12 [Insert page Sec. 52.1075(l)
for the 1997 fine particulate the Washington DC-MD- number where the
matter (PM2.5) standard. VA 1997 PM2.5 document begins].
nonattainment area.
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1075, paragraph (l) is added to read as follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(l) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Maryland portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Maryland Department of Environment
on April 3, 2008. The 2002 base year emissions inventory includes
emissions estimates that cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
[FR Doc. 2012-24645 Filed 10-9-12; 8:45 am]
BILLING CODE 6560-50-P
