Approval and Promulgation of Implementation Plans; Maryland; Revisions to the State Implementation Plan Approved by EPA Through Letter Notice Actions, 34910-34911 [2013-13718]
Download as PDF
<![CDATA[
34910
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
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).
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 12, 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. 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 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,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: May 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
wreier-aviles on DSK5TPTVN1PROD with RULES
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.
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
2. Section 52.1885 is amended by
adding paragraph (ff)(16) to read as
follows:
■
§ 52.1885
Control strategy: Ozone.
*
*
*
*
*
(ff) * * *
(16) Approval—On January 11, 2013,
Ohio submitted a request to revise the
approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997
8-hour ozone maintenance plan for the
Lima, Ohio area. The budgets are being
revised with budgets developed with
the MOVES2010a model. The 2009
motor vehicle emissions budgets for the
Lima, Ohio area are 5.39 tpd VOC and
10.65 tpd NOX. The 2018 motor vehicle
emissions budgets for the Lima, Ohio
area are 2.38 tpd VOC and 6.18 tpd
NOX.
*
*
*
*
*
[FR Doc. 2013–13734 Filed 6–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0033; FRL–9822–5]
Approval and Promulgation of
Implementation Plans; Maryland;
Revisions to the State Implementation
Plan Approved by EPA Through Letter
Notice Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
SUMMARY: EPA is taking final action on
administrative changes to the Maryland
State Implementation Plan (SIP) which
EPA had previously approved through a
Letter Notice action. The revision
removes an obsolete Consent Decree for
the Allegany County Board of
Education, Beall Jr./Sr. High School.
EPA has determined that this action
falls under the ‘‘good cause’’ exemption
in the Administrative Procedure Act
(APA), which authorizes agencies to
dispense with public participation and
which allows an agency to make an
action effective immediately (thereby
avoiding the 30-day delayed effective
date otherwise provided for in the
APA).
DATES: This action is effective June 11,
2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2013–0033. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
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:
Harold A. Frankford at (215) 814–2108,
or by email at
frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action on
administrative changes to the Maryland
SIP. On November 15, 2012, Maryland
submitted a SIP revision requesting
removal of an obsolete Consent Decree
for the Allegany County Board of
Education, Beall Jr./Sr. High School
since the school’s coal-fired boiler was
demolished in 2007. EPA determined
that the revision was a minor SIP
revision without any substantive
changes and complied with all
applicable requirements of the CAA and
EPA regulations concerning such SIP
revisions. EPA approved this revision
through Letter Notice to Maryland dated
February 6, 2013 consistent with the
procedures outlined in EPA’s Notice of
Procedural Changes on SIP processing
published on January 19, 1989 at 54 FR
2214 and consistent with the procedures
outlined in an April 6, 2011 memo from
Janet McCabe, Deputy Assistant
Administrator for the Office of Air and
Radiation, regarding Regional
Consistency for the Administrative
Requirements of State Implementation.
Today’s action completes the February
6, 2013 administrative amendment to
the SIP by removing the Consent Order
entry for Beall Jr./Sr. High School from
the 40 CFR 52.1070(d) table.
II. EPA Action
EPA is taking final action on
administrative changes to the Maryland
SIP. EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in the section 553(b)(3)(B) of
the Administrative Procedure Act (APA)
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make an action effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). With respect to the SIP
revision described above, today’s
administrative action simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment for this
administrative action is ‘‘unnecessary’’
because the revisions are administrative
and non-substantive in nature.
Immediate notice of this action in the
Federal Register benefits the public by
providing the public notice of the
updated Maryland SIP. Approval of
these revisions will ensure consistency
between state and Federally-approved
rules. EPA has determined that these
changes will not relax the SIP or
adversely impact air emissions.
III. Statutory and Executive Order
Reviews
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.
wreier-aviles on DSK5TPTVN1PROD with RULES
A. General Requirements
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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
B. Submission to Congress and the
Comptroller General
The Congressional Review Act (CRA)
(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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. 5 U.S.C. 808(2). In taking action
on this SIP revision, EPA already made
such a finding. Thus, the SIP revisions
announced in this notice became
effective upon EPA’s February 6, 2013
Letter Notice to Maryland. Today’s
administrative action simply codifies a
provision which is already in effect as
a matter of law in Federal and approved
state programs. EPA will submit a report
containing this action and other
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of this action
in the Federal Register. This action is
not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
VerDate Mar<15>2010
15:08 Jun 10, 2013
Jkt 229001
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
34911
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 12, 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 to
remove the obsolete Consent Decree for
the Allegany County Board of
Education, Beall Jr./Sr. High School 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, Particulate matter.
Dated: May 28, 2013.
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
§ 52.1070
[Amended]
2. In § 52.1070, the table in paragraph
(d) is amended by removing the entry
for Beall Jr./Sr. High School.
■
[FR Doc. 2013–13718 Filed 6–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0511; FRL–9822–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Low Emission Vehicle
Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of Maryland on
December 20, 2007, November 12, 2010,
and June 22, 2011, as amended March
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34910-34911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13718]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0033; FRL-9822-5]
Approval and Promulgation of Implementation Plans; Maryland;
Revisions to the State Implementation Plan Approved by EPA Through
Letter Notice Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action on administrative changes to the
Maryland State Implementation Plan (SIP) which EPA had previously
approved through a Letter Notice action. The revision removes an
obsolete Consent Decree for the Allegany County Board of Education,
Beall Jr./Sr. High School. EPA has determined that this action falls
under the ``good cause'' exemption in the Administrative Procedure Act
(APA), which authorizes agencies to dispense with public participation
and which allows an agency to make an action effective immediately
(thereby avoiding the 30-day delayed effective date otherwise provided
for in the APA).
DATES: This action is effective June 11, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0033. 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: Harold A. Frankford at (215) 814-2108,
or by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action on administrative changes to the
Maryland SIP. On November 15, 2012, Maryland submitted a SIP revision
requesting removal of an obsolete Consent Decree for the Allegany
County Board of Education, Beall Jr./Sr. High School since the school's
coal-fired boiler was demolished in 2007. EPA determined that the
revision was a minor SIP revision without any substantive changes and
complied with all applicable requirements of the CAA and EPA
regulations concerning such SIP revisions. EPA approved this revision
through Letter Notice to Maryland dated February 6, 2013 consistent
with the procedures outlined in EPA's Notice of Procedural Changes on
SIP processing published on January 19, 1989 at 54 FR 2214 and
consistent with the procedures outlined in an April 6, 2011 memo from
Janet McCabe, Deputy Assistant Administrator for the Office of Air and
Radiation, regarding Regional Consistency for the Administrative
Requirements of State Implementation. Today's action completes the
February 6, 2013 administrative amendment to the SIP by removing the
Consent Order entry for Beall Jr./Sr. High School from the 40 CFR
52.1070(d) table.
II. EPA Action
EPA is taking final action on administrative changes to the
Maryland SIP. EPA has determined that today's action falls under the
``good cause'' exemption in the section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
[[Page 34911]]
which, upon finding ``good cause,'' authorizes agencies to dispense
with public participation and section 553(d)(3) which allows an agency
to make an action effective immediately (thereby avoiding the 30-day
delayed effective date otherwise provided for in the APA). With respect
to the SIP revision described above, today's administrative action
simply codifies provisions which are already in effect as a matter of
law in Federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment for
this administrative action is ``unnecessary'' because the revisions are
administrative and non-substantive in nature. Immediate notice of this
action in the Federal Register benefits the public by providing the
public notice of the updated Maryland SIP. Approval of these revisions
will ensure consistency between state and Federally-approved rules. EPA
has determined that these changes will not relax the SIP or adversely
impact air emissions.
III. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
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 (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. 5 U.S.C.
808(2). In taking action on this SIP revision, EPA already made such a
finding. Thus, the SIP revisions announced in this notice became
effective upon EPA's February 6, 2013 Letter Notice to Maryland.
Today's administrative action simply codifies a provision which is
already in effect as a matter of law in Federal and approved state
programs. EPA will submit a report containing this action and other
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
this action 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 12, 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 to remove the obsolete Consent Decree for the
Allegany County Board of Education, Beall Jr./Sr. High School 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, Particulate matter.
Dated: May 28, 2013.
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
Sec. 52.1070 [Amended]
0
2. In Sec. 52.1070, the table in paragraph (d) is amended by removing
the entry for Beall Jr./Sr. High School.
[FR Doc. 2013-13718 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P
