Approval and Promulgation of Air Quality Implementation Plans; Maryland; State Boards Requirements, 73442-73445 [2013-28956]
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
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[FR Doc. 2013–29105 Filed 12–5–13; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0650; FRL–9903–
78–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; State Boards Requirements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the State
of Maryland State Implementation Plan
(SIP). The SIP revision addresses the
State Boards’ requirements for all
criteria pollutants of the National
Ambient Air Quality Standards
(NAAQS). EPA is approving this SIP
revision in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on February
4, 2014 without further notice, unless
EPA receives adverse written comment
by January 6, 2014. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2013–0650 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2013–0650,
Cristina Fernandez, Associate Director,
Office of Air Program Planning, Air
Protection Division, Mailcode 3AP30,
DATES:
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U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2013–
0650. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Maryland Department of
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the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
State effective dates for these
subsections of Title 15 are listed in the
table in 40 CFR 52.1070(c) and are the
‘‘last amended’’ dates for the statutory
sections, which include these
subsections, according to Michie’s
Annotated Code of Maryland.
I. Background
III. EPA’s Analysis of Maryland’s SIP
Revision
Sections 128 and 110(a)(2)(E)(ii)
require that each state’s SIP
demonstrates how state boards, bodies
or heads of executive agencies which
approve CAA permits or enforcement
orders disclose any potential conflicts of
interest. The Secretary of MDE or his
designee approves all CAA permits and
enforcement orders in Maryland with
the exception of pre-construction
permits for electric generating stations
that receive a Certificate of Public
Convenience and Necessity (CPCN)
from the PSC. MDE is an executive
agency that acts through its Secretary or
a delegated subordinate state employee.
The PSC also acts through its
Commissioners or delegated
subordinates to approve permits. MDE
submitted relevant provisions of the
Annotated Code of Maryland, Title 15
for inclusion into the SIP as required by
sections 128 and 110(a)(2)(E)(ii). Title
15 applies to state employees and
requires them to disclose relevant
financial information. This SIP revision
reflects the existing law and
demonstrates that Maryland complies
with the requirements of sections 128
and 110(a)(2)(E)(ii) of the CAA through
the Maryland Title 15 requirements for
adequate disclosure of potential
conflicts of interest.
Section 128 of the CAA requires SIPs
to comply with the requirements
regarding State Boards. Section
110(a)(2)(E)(ii) of the CAA also
references these requirements. Section
128(a) of the CAA requires SIPs to
contain provisions that: (1) Any board
or body which approves permits or
enforcement orders under the CAA shall
have at least a majority of its members
represent the public interest and not
derive any significant portion of their
income from persons subject to permits
or enforcement orders under the CAA;
and (2) any potential conflict of interest
by members of such board or body or
the head of an executive agency with
similar powers be adequately disclosed.
The requirements of section 128(a)(1)
are not applicable to Maryland because
it does not have any board or body
which approves air quality permits or
enforcement orders. The requirements
of section 128(a)(2), however, are
applicable because the heads of
Maryland Department of the
Environment (MDE) and the Maryland
Public Service Commission (PSC), or
their designees, approve permits or
enforcement orders within Maryland.
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II. Summary of SIP Revision
On August 14, 2013, the State of
Maryland, through MDE, submitted a
SIP revision (#13–03B) that addresses
the requirements of sections 128 and
110(a)(2)(E)(ii) for all criteria pollutants
of the NAAQS in relation to State
Boards. This submission was part of a
larger SIP revision submitted on the
same date. However, EPA will take
separate rulemaking action on the
remainder of that revision. Maryland’s
statutory provisions governing the
relevant section 128 requirements are
found in the Annotated Code of
Maryland Title 15 (Public Ethics). The
Secretary of MDE and the state
employees subordinate to the position,
as well as the state employees at the
PSC, are subject to the requirements of
Title 15. In order to meet the
requirements of CAA Sections 128 and
110(a)(2)(E)(ii), Maryland is seeking to
incorporate into the SIP the relevant
provisions of Title 15, including certain
portions of: Subtitle 1, sections 15–102
and 15–103; and, subtitle 6, sections 15–
601, 15–602, 15–607, and 15–608. The
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IV. Final Action
EPA is approving the Maryland SIP
revision that addresses the requirements
of sections 128 and 110(a)(2)(E)(ii) of the
CAA for all criteria pollutants of the
NAAQS. EPA is publishing this rule
without prior proposal because EPA
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on February 4, 2014 without
further notice unless EPA receives
adverse comment by January 6, 2014. If
EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
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second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if EPA receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
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
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
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).
proceedings to enforce its requirements.
(See section 307(b)(2).)
C. Petitions for Judicial Review
List of Subjects in 40 CFR Part 52
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 4, 2014. 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 action. This
action, approving the Maryland SIP
revision for purposes of meeting
sections 128 and 110(a)(2)(E)(ii)
requirements for all criteria pollutants
of the NAAQS in relation to State
Boards, may not be challenged later in
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements.
Dated: November 14, 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
2. In § 52.1070, the table in paragraph
(c) is amended by adding six entries
under a new heading ‘‘State
Government Article of the Annotated
Code of Maryland’’ at the end of the
table.
The added text reads as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Administrative Regulations (COMAR)
citation
*
Title/subject
*
*
Annotated Code of Maryland
citation
*
*
Title/subject
*
State
effective
date
*
State
effective date
10/1/12
Designation of Individuals as
public officials.
10/1/95
Section 15–601(a) ..................
Individuals required to file
statement.
10/1/04
Section 15–602(a)(1) through
(a)(5).
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Definitions ..............................
Financial disclosure statement—Filing requirements.
10/1/08
Section 15–607(a) through (j)
Content of statements ...........
10/1/04
Section 15–608(a) through (c)
Interests attributable to individual filing statement.
10/1/95
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*
Additional explanation/citation
at 40 CFR 52.1100
EPA approval date
*
*
*
State Government Article of the Annotated Code of Maryland
Section 15–102(a)(1),
(a)(2)(bb), (a)(2)(ff), and
(a)(2)(ll).
Section 15–103(a), (b)(1) and
(b)(2), and (f).
Additional explanation/citation
at 40 CFR 52.1100
EPA approval date
*
Added; addresses CAA section 128.
Added; addresses CAA section 128.
Added; addresses CAA section 128.
Added; addresses CAA section 128.
Added; addresses CAA section 128.
Added; addresses CAA section 128.
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations
*
*
*
*
*
[FR Doc. 2013–28956 Filed 12–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2011–0728, FRL–9903–58–
Region 8]
Disapproval, Approval and
Promulgation of Air Quality
Implementation Plan Revisions;
Infrastructure Requirements for the
1997 and 2006 PM2.5 National Ambient
Air Quality Standards; Prevention of
Significant Deterioration; Wyoming
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving the State
Implementation Plan (SIP) submissions
from the State of Wyoming to
demonstrate that the SIP meets the
infrastructure requirements of the Clean
Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS)
promulgated for fine particulate matter
(PM2.5) on July 18, 1997 and on October
17, 2006. The CAA requires that each
state, after a new or revised NAAQS is
promulgated, review their SIPs to
ensure that they meet infrastructure
requirements. The State of Wyoming
provided infrastructure submissions for
the 1997 and 2006 PM2.5 NAAQS on
March 26, 2008 and August 19, 2011,
respectively. EPA is also approving
revisions to Wyoming’s Prevention of
Significant Deterioration (PSD) program
that incorporate necessary provisions
from EPA’s 2010 PM2.5 Increment Rule.
DATES: This final rule is effective
January 6, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2011–0728. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., 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 at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
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SUMMARY:
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80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Ayala, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6142,
ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials CBI mean or refer to
confidential business information.
(iii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iv) The initials NAAQS mean or refer
to national ambient air quality
standards.
(v) The initials NSR mean or refer to
new source review.
(vi) The initials PM mean or refer to
particulate matter.
(vii) The initials PM 2.5 mean or refer
to particulate matter with an
aerodynamic diameter of less than 2.5
micrometers (fine particulate matter).
(viii) The initials PSD mean or refer
to Prevention of Significant
Deterioration.
(ix) The initials SIP mean or refer to
State Implementation Plan.
Table of Contents
I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review
I. Background
Infrastructure requirements for SIPs
are provided in sections 110(a)(l) and (2)
of the CAA. Section 110(a)(2) lists the
specific infrastructure elements that a
SIP must contain or satisfy. The
elements that are the subject of this
action are described in detail in our
notice of proposed rulemaking (NPR),
published on September 6, 2013 (78 FR
54828).
In the NPR, EPA proposed to approve
Wyoming’s March 26, 2008 and August
19, 2011 submissions for the following
infrastructure elements for the 1997 and
2006 PM2.5 NAAQS: (A), (B), (C) with
respect to minor New Source Review
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(NSR) and PSD requirements, (D)(ii),
(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L),
and (M). We also proposed to approve
revisions to the Wyoming Air Quality
Standards and Regulations (WAQSR),
Chapter 6, Section 4, as submitted on
May 24, 2012, which incorporate the
requirements of the 2010 PM2.5
Increment Rule; specifically, revisions
to: Chapter 6, Section 4 (a) Definitions
of ‘‘Baseline area,’’ ‘‘Major source
baseline date,’’ and ‘‘Minor source
baseline date’’; Chapter 6, Section
4(b)(i)(A)(I) Table 1; Chapter 6, Section
4(b)(viii); and Section 14. The reasons
for our approval are provided in detail
in the NPR. We have also separately
completed our proposed action of June
24, 2013, 78 FR 37752, approving
Wyoming’s March 8, 2013 submittal to
regulate greenhouse gases under
Wyoming’s PSD program and
concurrently rescinding our
corresponding federal implementation
plan. With these updates to the State’s
approved PSD program, Wyoming’s
infrastructure submissions for the 1997
and 2006 PM2.5 NAAQS are approvable
with respect to the PSD requirements in
infrastructure elements (C) and (J).
For reasons explained in the NPR,
EPA proposed to disapprove Wyoming’s
March 26, 2008 and August 19, 2011
submittals for the section 110(a)(2)(E)(ii)
infrastructure element, related to CAA
section 128, State Boards, for the 1997
and 2006 PM2.5 NAAQS. EPA is taking
no action at this time on infrastructure
element (D)(i), which concerns
interstate transport of pollutants, for the
2006 PM2.5 NAAQS.
II. Response to Comments
We received one set of comments
from the Wyoming Department of
Environmental Quality (DEQ). DEQ
supported our proposed approval of
Wyoming’s infrastructure submissions
for the 1997 and 2006 PM2.5 NAAQS for
elements (A), (B), (C) with respect to
minor NSR and PSD requirements,
(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K),
(L), and (M). However, DEQ took issue
with certain aspects of our action.
Comment: DEQ states that EPA, in our
proposal notice, summarized, and in
some cases incorrectly stated, the
references within the infrastructure SIP
submittals to various regulatory and
non-regulatory provisions. DEQ asked
that EPA ‘‘correct the citations’’ in the
summaries ‘‘to ensure accuracy and
maintain consistency’’ between EPA’s
notices and Wyoming’s submittals.
Response: EPA disagrees with certain
portions of this comment. In our
proposal notice, the summaries of the
state’s submittals were merely meant to
be descriptive in general terms. For the
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]]>Agencies
[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73442-73445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28956]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0650; FRL-9903- 78-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; State Boards Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
State of Maryland State Implementation Plan (SIP). The SIP revision
addresses the State Boards' requirements for all criteria pollutants of
the National Ambient Air Quality Standards (NAAQS). EPA is approving
this SIP revision in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on February 4, 2014 without further
notice, unless EPA receives adverse written comment by January 6, 2014.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0650 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2013-0650, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0650. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of
[[Page 73443]]
the Environment, 1800 Washington Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the CAA requires SIPs to comply with the
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) of the CAA
requires SIPs to contain provisions that: (1) Any board or body which
approves permits or enforcement orders under the CAA shall have at
least a majority of its members represent the public interest and not
derive any significant portion of their income from persons subject to
permits or enforcement orders under the CAA; and (2) any potential
conflict of interest by members of such board or body or the head of an
executive agency with similar powers be adequately disclosed. The
requirements of section 128(a)(1) are not applicable to Maryland
because it does not have any board or body which approves air quality
permits or enforcement orders. The requirements of section 128(a)(2),
however, are applicable because the heads of Maryland Department of the
Environment (MDE) and the Maryland Public Service Commission (PSC), or
their designees, approve permits or enforcement orders within Maryland.
II. Summary of SIP Revision
On August 14, 2013, the State of Maryland, through MDE, submitted a
SIP revision (13-03B) that addresses the requirements of
sections 128 and 110(a)(2)(E)(ii) for all criteria pollutants of the
NAAQS in relation to State Boards. This submission was part of a larger
SIP revision submitted on the same date. However, EPA will take
separate rulemaking action on the remainder of that revision.
Maryland's statutory provisions governing the relevant section 128
requirements are found in the Annotated Code of Maryland Title 15
(Public Ethics). The Secretary of MDE and the state employees
subordinate to the position, as well as the state employees at the PSC,
are subject to the requirements of Title 15. In order to meet the
requirements of CAA Sections 128 and 110(a)(2)(E)(ii), Maryland is
seeking to incorporate into the SIP the relevant provisions of Title
15, including certain portions of: Subtitle 1, sections 15-102 and 15-
103; and, subtitle 6, sections 15-601, 15-602, 15-607, and 15-608. The
State effective dates for these subsections of Title 15 are listed in
the table in 40 CFR 52.1070(c) and are the ``last amended'' dates for
the statutory sections, which include these subsections, according to
Michie's Annotated Code of Maryland.
III. EPA's Analysis of Maryland's SIP Revision
Sections 128 and 110(a)(2)(E)(ii) require that each state's SIP
demonstrates how state boards, bodies or heads of executive agencies
which approve CAA permits or enforcement orders disclose any potential
conflicts of interest. The Secretary of MDE or his designee approves
all CAA permits and enforcement orders in Maryland with the exception
of pre-construction permits for electric generating stations that
receive a Certificate of Public Convenience and Necessity (CPCN) from
the PSC. MDE is an executive agency that acts through its Secretary or
a delegated subordinate state employee. The PSC also acts through its
Commissioners or delegated subordinates to approve permits. MDE
submitted relevant provisions of the Annotated Code of Maryland, Title
15 for inclusion into the SIP as required by sections 128 and
110(a)(2)(E)(ii). Title 15 applies to state employees and requires them
to disclose relevant financial information. This SIP revision reflects
the existing law and demonstrates that Maryland complies with the
requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA through
the Maryland Title 15 requirements for adequate disclosure of potential
conflicts of interest.
IV. Final Action
EPA is approving the Maryland SIP revision that addresses the
requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA for all
criteria pollutants of the NAAQS. EPA is publishing this rule without
prior proposal because EPA views this as a noncontroversial amendment
and anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on February 4,
2014 without further notice unless EPA receives adverse comment by
January 6, 2014. If EPA receives adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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
[[Page 73444]]
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 February 4, 2014. 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 action. This action, approving the Maryland SIP revision for
purposes of meeting sections 128 and 110(a)(2)(E)(ii) requirements for
all criteria pollutants of the NAAQS in relation to State Boards, 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, Reporting and recordkeeping requirements.
Dated: November 14, 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
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by adding
six entries under a new heading ``State Government Article of the
Annotated Code of Maryland'' at the end of the table.
The added text reads as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Code of Maryland Administrative State explanation/
Regulations (COMAR) citation Title/subject effective EPA approval date citation at 40 CFR
date 52.1100
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* * * * * * *
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Additional
Annotated Code of Maryland State explanation/
citation Title/subject effective date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
State Government Article of the Annotated Code of Maryland
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Section 15-102(a)(1), (a)(2)(bb), Definitions........ 10/1/12 12/6/13 [Insert Added; addresses
(a)(2)(ff), and (a)(2)(ll). page number where CAA section 128.
the document
begins].
Section 15-103(a), (b)(1) and Designation of 10/1/95 12/6/13 [Insert Added; addresses
(b)(2), and (f). Individuals as page number where CAA section 128.
public officials. the document
begins].
Section 15-601(a)................ Individuals 10/1/04 12/6/13 [Insert Added; addresses
required to file page number where CAA section 128.
statement. the document
begins].
Section 15-602(a)(1) through Financial 10/1/08 12/6/13 [Insert Added; addresses
(a)(5). disclosure page number where CAA section 128.
statement--Filing the document
requirements. begins].
Section 15-607(a) through (j).... Content of 10/1/04 12/6/13 [Insert Added; addresses
statements. page number where CAA section 128.
the document
begins].
Section 15-608(a) through (c).... Interests 10/1/95 12/6/13 [Insert Added; addresses
attributable to page number where CAA section 128.
individual filing the document
statement. begins].
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[[Page 73445]]
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[FR Doc. 2013-28956 Filed 12-5-13; 8:45 am]
BILLING CODE 6560-50-P
