Approval and Promulgation of Air Quality Implementation Plans; Maryland; The 2002 Base Year Emissions Inventory for the Washington County, MD Nonattainment Area for the 1997 Fine Particulate Matter National Ambient Air Quality Standard, 72966-72968 [2012-29611]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
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We will publish an appropriate
amendment to 39 CFR part 20 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–29434 Filed 12–6–12; 8:45 am]
BILLING CODE 7710–12–P
Extra Services
ENVIRONMENTAL PROTECTION
AGENCY
Certificate of Mailing (313)
40 CFR Part 52
[For each country that offers
certificate of mailing service, revise the
fees to read as follows:]
[EPA–R03–OAR–2010–0154; FRL–9760–1]
Individual Pieces
Individual article (PS Form 3817) .......
Firm mailing books (PS Form 3877),
per article listed (minimum 3) .........
Duplicate copy of PS Form 3817 or
PS Form 3877 (per page) ...............
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; The 2002 Base Year
Fee
Emissions Inventory for the
Washington County, MD
Nonattainment Area for the 1997 Fine
$1.20 Particulate Matter National Ambient Air
Quality Standard
0.44
1.20
srobinson on DSK4SPTVN1PROD with
Bulk Quantities
First 1,000 pieces (or fraction thereof)
Each additional 1,000 pieces (or fraction thereof) .....................................
Duplicate copy of PS Form 3606 .......
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VerDate Mar<15>2010
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16:11 Dec 06, 2012
Jkt 229001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2002 base year
0.85 emissions inventory portion of the
1.20 Maryland State Implementation Plan
(SIP) revision submitted by the State of
Maryland, through the Maryland
7.05
SUMMARY:
PO 00000
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Fmt 4700
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Department of the Environment (MDE),
on June 6, 2008. The emissions
inventory is part of the June 6, 2008 SIP
revision that was submitted to meet
nonattainment requirements related to
the Washington County, Maryland
nonattainment 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
January 7, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–0154. 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
On September 26, 2012 (77 FR 59156),
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 was
submitted by the State of Maryland on
June 6, 2008 (Revision #08–05).
II. Summary of SIP Revision
The 2002 base year emissions
inventory submitted by MDE on June 6,
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
E:\FR\FM\07DER1.SGM
07DER1
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
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 the June 6,
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
srobinson on DSK4SPTVN1PROD with
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
VerDate Mar<15>2010
16:11 Dec 06, 2012
Jkt 229001
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. 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.
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72967
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 February 5, 2013. 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: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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
(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:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
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72968
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
Name of non-regulatory SIP
revision
*
*
*
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standard.
*
3. In § 52.1075, paragraph (m) is
added to read as follows:
Base year emissions inventory.
*
*
*
*
*
(m) EPA approves as a revision to the
Maryland State Implementation Plan the
2002 base year emissions inventory for
the Washington County, Maryland 1997
fine particulate matter (PM2.5)
nonattainment area submitted by the
Maryland Department of Environment
on June 6, 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. 2012–29611 Filed 12–6–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0120; FRL–9710–3]
Revisions to the California State
Implementation Plan, for Imperial
County, Placer County and Ventura
County Air Pollution Control Districts
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Imperial County Air Pollution Control
District (ICAPCD), Placer County Air
Pollution Control District (PCAPCD) and
Ventura County Air Pollution Control
District (PCAPCD) portions of the
California State Implementation Plan
srobinson on DSK4SPTVN1PROD with
SUMMARY:
EPA approval date
*
6/6/08
Washington County, Maryland
1997 PM2.5 nonattainment area.
■
§ 52.1075
State submittal
date
Applicable geographic area
Additional explanation
*
*
12/7/12 [Insert page number where the document
begins].
(SIP). Under authority of the Clean Air
Act as amended in 1990 (CAA or the
Act), we are approving local rules that
address emission statements for ICAPCD
and PCAPCD and definitions for
VCAPCD.
This rule is effective on February
5, 2013 without further notice, unless
EPA receives adverse comments by
January 7, 2013. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2012–0120, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or Deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
DATES:
§ 52.1075(m)
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules revisions?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order
Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules we are
approving with the dates that they were
adopted by the local air agencies and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
ICAPCD ...........
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116
16:11 Dec 06, 2012
Adopted/
amended
Rule title
Emissions Statement and Certification ..........................................................
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02/23/10
Submitted
07/20/10
]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72966-72968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29611]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0154; FRL-9760-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; The 2002 Base Year Emissions Inventory for the Washington
County, MD 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 June 6, 2008. The emissions inventory is part of the June 6,
2008 SIP revision that was submitted to meet nonattainment requirements
related to the Washington County, Maryland nonattainment 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 January 7, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2010-0154. 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
On September 26, 2012 (77 FR 59156), 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 was submitted by the
State of Maryland on June 6, 2008 (Revision 08-05).
II. Summary of SIP Revision
The 2002 base year emissions inventory submitted by MDE on June 6,
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
[[Page 72967]]
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 the June 6, 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. 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. 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 February 5, 2013. 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: November 21, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
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) * * *
[[Page 72968]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State
revision area submittal date EPA approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
2002 Base Year Emissions Inventory Washington County, 6/6/08 12/7/12 [Insert page number where the Sec. 52.1075(m)
for the 1997 fine particulate Maryland 1997 PM2.5 document begins].
matter (PM2.5) standard. nonattainment area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. In Sec. 52.1075, paragraph (m) is added to read as follows:
Sec. 52.1075 Base year emissions inventory.
* * * * *
(m) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Washington County,
Maryland 1997 fine particulate matter (PM2.5) nonattainment
area submitted by the Maryland Department of Environment on June 6,
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. 2012-29611 Filed 12-6-12; 8:45 am]
BILLING CODE 6560-50-P
