Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology Requirements for Volatile Organic Compounds, 5290-5292 [2013-00839]
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5290
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Rules and Regulations
7. Executive Order 13045: Protection
of Children from Environmental Health
and Safety Risks—This action is not
subject to Executive Order 13045
because it is not economically
significant and it is not based on health
or safety risks;
8. Executive Order 13211: Actions
That Significantly Affect Energy Supply,
Distribution, or Use: This action is not
subject to Executive Order 13211
because it is not a significant regulatory
action as defined in Executive Order
12866;
9. National Technology Transfer
Advancement Act: This provision
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impracticable. Voluntary consensus
standards are technical standards (e.g.,
material specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards and
bodies. EPA approves State programs so
long as the State programs adequately
meet the criteria set out in 40 CFR part
258. It would be inconsistent with
applicable law for EPA, in its review of
a State program, to require the use of
any particular voluntary consensus
standard in place of another standard
that meets the 40 CFR part 258 criteria.
Thus, the National Technology Transfer
Advancement Act does not apply to this
action;
10. Congressional Review Act: EPA
will submit a report containing this
action and other information required
by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register.
List of Subjects
40 CFR Part 239
Environmental protection,
Administrative practice and procedure,
Intergovernmental relations, Waste
treatment and disposal.
srobinson on DSK4SPTVN1PROD with
40 CFR Part 258
Reporting and recordkeeping
requirements, Waste treatment disposal,
Water pollution control.
Authority: This action is issued under the
authority of section 2002, 4005 and 4010(c)
of the Solid Waste Disposal Act, as amended,
42 U.S.C. 6912, 6945 and 6949(a).
VerDate Mar<15>2010
17:07 Jan 24, 2013
Jkt 229001
Dated: January 4, 2013.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England, Region 1.
[FR Doc. 2013–01435 Filed 1–24–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0610; FRL–9770–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Reasonably Available
Control Technology Requirements for
Volatile Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland.
These revisions pertain to the adoption
of various test methods, calculations
methods, work practice standards and
exemptions which make Maryland
Department of the Environment (MDE)
regulations more consistent with EPA’s
Control Techniques Guidelines (CTGs)
for seven source categories. These
categories are: Paper, film, and foil
coatings; industrial cleaning solvents;
miscellaneous metal and plastic parts
coatings; large appliance coatings; offset
lithographic printing and letterpress
printing; flat wood paneling coatings;
and flexible package printing. EPA is
approving these revisions to reduce
volatile organic compound (VOC)
emissions from these seven categories
which will help Maryland attain and
maintain the National Ambient Air
Quality Standards (NAAQS) for ozone
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on
February 25, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–EPA–R03–OAR–2012–
0610. 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
SUMMARY:
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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:
Christopher Cripps, (215) 814–2179, or
by email at cripps.christoher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 23, 2012 (77 FR 64787),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. The NPR proposed approval
of revisions to Maryland regulations for
the control of emissions of VOC from
seven categories of sources covered by
a CTG. The State of Maryland submitted
the formal SIP revision (Revision No.
12–03) on April 4, 2012.
II. Summary of SIP Revision
On April 5, 2012, EPA received a SIP
revision submittal from the Maryland
Department of the Environment (MDE)
which addressed sources of VOC
emissions covered by EPA’s CTGs for
the following seven source categories:
(1) Paper, film, and foil coatings; (2)
industrial cleaning solvents; (3)
miscellaneous metal and plastic parts
coatings; (4) large appliance coatings; (5)
offset lithographic printing and
letterpress printing; (6) flat wood
paneling coatings; and (7) flexible
package printing. This SIP revision
submittal included amended Regulation
.04 ‘‘Testing and Monitoring’’ under
COMAR 26.11.01 ‘‘General
Administrative Provisions’’ (COMAR
26.11.01.04) and Regulation .02
‘‘Applicability, Determining
Compliance, Reporting and General
Requirements’’ under COMAR 26.11.19
‘‘Volatile Organic Compounds from
Specific Processes’’ (COMAR
26.11.19.02). These amendments pertain
to the adoption of various test methods,
calculations methods, work practice
standards and exemptions which make
MDE’s regulations more consistent with
EPA’s CTGs for these seven source
categories.
An explanation of the CAA’s
reasonably available control technology
(RACT) requirements for the 1997 8hour ozone NAAQS as they apply to
Maryland, the specific details of the
amendments to COMAR 26.11.01.04
and COMAR 26.11.19.02 and EPA’s
rationale for approving this SIP revision
were provided in the NPR and will not
be restated here.
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Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Rules and Regulations
Only one set of comments was
received during the comment period
established by EPA’s October 23, 2012
NPR. A summary of the comment and
EPA’s response is provided in Section
III of this document.
III. Summary of Public Comment and
EPA Response
These comments supported approving
into the SIP MDE amendments to
COMAR 26.11.01.04 and COMAR
26.11.19.02.
Comment:
In sum, the comments stated that
these revisions to the Maryland SIP
controlling VOC emissions from these
seven different industries should be
approved. The commenter agrees with
all the amendments and stated that the
‘‘EPA should, without question, approve
all of them. The amendments made to
COMAR by the MDE only make the 7
industries safer and update their
practices with VOC to be more in
accordance with EPA’s updated CTG for
them under the CAA.’’
Response:
EPA appreciates the support for this
action.
IV. Final Action
EPA is approving as a revision to the
Maryland SIP the amendments to
COMAR 26.11.01.04 and COMAR
26.11.19.02 pertaining to the adoption
of various test methods, calculations
methods, work practice standards and
exemptions for seven CTG source
categories.
V. Statutory and Executive Order
Reviews
A. General Requirements
srobinson on DSK4SPTVN1PROD with
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
VerDate Mar<15>2010
17:07 Jan 24, 2013
Jkt 229001
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
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5291
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 March 26, 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
concerning Maryland’s adoption of
various test methods, calculations
methods, work practice standards and
exemptions in accordance with CTGs
for VOC RACT may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: December 19, 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
(c) is amended by revising the entries
for COMAR 26.11.01.04 and 26.11.19.02
to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
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*
5292
Federal Register / Vol. 78, No. 17 / Friday, January 25, 2013 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
administrative
regulations (COMAR)
citation
State effective
date
Title/subject
26.11.01
*
26.11.01.04 ...............
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2009–0433; EPA–R01–
OAR–2012–0149; A–1–FRL–9754–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Massachusetts and New Hampshire;
Enhanced Motor Vehicle Inspection
and Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Massachusetts and the State of New
Hampshire. These revisions include
regulations to update the enhanced
motor vehicle inspection and
maintenance (I/M) programs in
Massachusetts and New Hampshire. The
revised programs in Massachusetts and
New Hampshire include a test and
repair network for an on-board
diagnostic (OBD2) testing program for
model year 1996 and newer vehicles.
The intended effect of this action is to
approve the revised programs into the
Massachusetts and New Hampshire
SIPs. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be
effective March 26, 2013, unless EPA
receives adverse comments by February
25, 2013. If adverse comments are
srobinson on DSK4SPTVN1PROD with
SUMMARY:
17:07 Jan 24, 2013
Jkt 229001
*
*
*
Amended section 04C.
*
*
Volatile Organic Compounds From Specific Processes
*
3/5/12
*
BILLING CODE 6560–50–P
*
1/25/13 [Insert page number
where the document begins].
*
*
*
Applicability, Determining Compliance, Reporting, and General Requirements.
[FR Doc. 2013–00839 Filed 1–24–13; 8:45 am]
VerDate Mar<15>2010
*
3/5/12
*
26.11.19
*
26.11.19.02 ...............
General Administrative Provisions
*
*
Testing and Monitoring .............
*
Additional
explanation/
citation at 40 CFR 52.1100
EPA approval date
*
1/25/13 [Insert page number
where the document begins].
*
*
received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2009–0433 for comments
pertaining to our approval action for
Massachusetts or EPA–R01–OAR–2012–
0149 for comments pertaining to our
approval action for New Hampshire by
one of the following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2009–0433 or
EPA–R01–OAR–2012–0149,’’ Anne
Arnold, U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912. Such deliveries are
only accepted during the Regional
Office’s normal hours of operation. The
Regional Office’s official hours of
business are Monday through Friday,
8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2009–
0433 for comments pertaining to our
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*
*
Amended sections .02D, .02E,
.02G and .02I.
*
*
approval action for Massachusetts or
EPA–R01–OAR–2012–0149 for
comments pertaining to our approval
action for New Hampshire. 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
through www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. 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
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]]>Agencies
[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5290-5292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00839]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0610; FRL-9770-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology Requirements for
Volatile Organic Compounds
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. These revisions pertain to the
adoption of various test methods, calculations methods, work practice
standards and exemptions which make Maryland Department of the
Environment (MDE) regulations more consistent with EPA's Control
Techniques Guidelines (CTGs) for seven source categories. These
categories are: Paper, film, and foil coatings; industrial cleaning
solvents; miscellaneous metal and plastic parts coatings; large
appliance coatings; offset lithographic printing and letterpress
printing; flat wood paneling coatings; and flexible package printing.
EPA is approving these revisions to reduce volatile organic compound
(VOC) emissions from these seven categories which will help Maryland
attain and maintain the National Ambient Air Quality Standards (NAAQS)
for ozone in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on February 25, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2012-0610. 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: Christopher Cripps, (215) 814-2179, or
by email at cripps.christoher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 23, 2012 (77 FR 64787), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of revisions to Maryland regulations for the control of
emissions of VOC from seven categories of sources covered by a CTG. The
State of Maryland submitted the formal SIP revision (Revision No. 12-
03) on April 4, 2012.
II. Summary of SIP Revision
On April 5, 2012, EPA received a SIP revision submittal from the
Maryland Department of the Environment (MDE) which addressed sources of
VOC emissions covered by EPA's CTGs for the following seven source
categories: (1) Paper, film, and foil coatings; (2) industrial cleaning
solvents; (3) miscellaneous metal and plastic parts coatings; (4) large
appliance coatings; (5) offset lithographic printing and letterpress
printing; (6) flat wood paneling coatings; and (7) flexible package
printing. This SIP revision submittal included amended Regulation .04
``Testing and Monitoring'' under COMAR 26.11.01 ``General
Administrative Provisions'' (COMAR 26.11.01.04) and Regulation .02
``Applicability, Determining Compliance, Reporting and General
Requirements'' under COMAR 26.11.19 ``Volatile Organic Compounds from
Specific Processes'' (COMAR 26.11.19.02). These amendments pertain to
the adoption of various test methods, calculations methods, work
practice standards and exemptions which make MDE's regulations more
consistent with EPA's CTGs for these seven source categories.
An explanation of the CAA's reasonably available control technology
(RACT) requirements for the 1997 8-hour ozone NAAQS as they apply to
Maryland, the specific details of the amendments to COMAR 26.11.01.04
and COMAR 26.11.19.02 and EPA's rationale for approving this SIP
revision were provided in the NPR and will not be restated here.
[[Page 5291]]
Only one set of comments was received during the comment period
established by EPA's October 23, 2012 NPR. A summary of the comment and
EPA's response is provided in Section III of this document.
III. Summary of Public Comment and EPA Response
These comments supported approving into the SIP MDE amendments to
COMAR 26.11.01.04 and COMAR 26.11.19.02.
Comment:
In sum, the comments stated that these revisions to the Maryland
SIP controlling VOC emissions from these seven different industries
should be approved. The commenter agrees with all the amendments and
stated that the ``EPA should, without question, approve all of them.
The amendments made to COMAR by the MDE only make the 7 industries
safer and update their practices with VOC to be more in accordance with
EPA's updated CTG for them under the CAA.''
Response:
EPA appreciates the support for this action.
IV. Final Action
EPA is approving as a revision to the Maryland SIP the amendments
to COMAR 26.11.01.04 and COMAR 26.11.19.02 pertaining to the adoption
of various test methods, calculations methods, work practice standards
and exemptions for seven CTG source categories.
V. 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 March 26, 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 concerning Maryland's adoption of various test
methods, calculations methods, work practice standards and exemptions
in accordance with CTGs for VOC RACT may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 19, 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 (c) is amended by revising
the entries for COMAR 26.11.01.04 and 26.11.19.02 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 5292]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland administrative State effective explanation/
regulations (COMAR) citation Title/subject date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
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* * * * * * *
26.11.01.04.................... Testing and 3/5/12 1/25/13 [Insert Amended section
Monitoring. page number where 04C.
the document
begins].
* * * * * * *
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26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.02.................... Applicability, 3/5/12 1/25/13 [Insert Amended sections
Determining page number where .02D, .02E, .02G
Compliance, the document and .02I.
Reporting, and begins].
General
Requirements.
* * * * * * *
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[FR Doc. 2013-00839 Filed 1-24-13; 8:45 am]
BILLING CODE 6560-50-P
