Approval and Promulgation of Air Quality Implementation Plans; Maryland; Section 110(9)(2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 41437-41439 [2014-16556]
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
[FR Doc. 2014–16469 Filed 7–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0072; FRL–9913–62–
OAR]
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:
Ruth Knapp, (215) 814–2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Section 110(9)(2)
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
On October 15, 2008, EPA
substantially strengthened the primary
and secondary lead NAAQS (hereafter
the 2008 Pb NAAQS), revising the level
of the primary (health-based) standard
from 1.5 micrograms per cubic meter
AGENCY: Environmental Protection
(ug/m3) to 0.15 ug/m3, measured as total
Agency (EPA).
suspended particles (TSP) and not to be
exceeded with an averaging time of a
ACTION: Final rule.
rolling three month period. EPA also
SUMMARY: The Environmental Protection revised the secondary (welfare-based)
Agency (EPA) is approving two State
standard to be identical to the primary
Implementation Plan (SIP) revisions
standard, as well as the associated
submitted by the State of Maryland
ambient air monitoring requirements.
pursuant to the Clean Air Act (CAA).
See 40 CFR 50.16.
Whenever new or revised National
Section 110(a) of the CAA requires
Ambient Air Quality Standards
states to submit SIPs to provide for the
(NAAQS) are promulgated, the CAA
implementation, maintenance, and
requires states to submit a plan for the
enforcement of a new or revised
implementation, maintenance, and
NAAQS within three years following
enforcement of such NAAQS. The plan
the promulgation of such NAAQS or
is required to address basic program
within such shorter period as EPA may
elements, including, but not limited to
prescribe. The contents of that
regulatory structure, monitoring,
submission may vary depending upon
modeling, legal authority, and adequate the facts and circumstances. In
resources necessary to assure attainment particular, the data and analytical tools
and maintenance of the standards.
available at the time the state develops
These elements are referred to as
and submits the SIP for a new or revised
infrastructure requirements. The State of NAAQS affect the content of the
Maryland has made submittals
submission. The contents of such SIP
addressing the infrastructure
submissions may also vary depending
requirements for the 2008 lead (Pb)
upon what provisions the state’s
NAAQS.
existing SIP already contains.
DATES: This final rule is effective on
Pursuant to section 110(a)(1) of the
August 15, 2014.
CAA, states are required to submit SIPs
ADDRESSES: EPA has established a
meeting the applicable requirements of
docket for this action under Docket ID
section 110(a)(2) within three years after
Number EPA–R03–OAR–2013–0072. All promulgation of a new or revised
documents in the docket are listed in
NAAQS or within such shorter period
the www.regulations.gov Web site.
as EPA may prescribe. Section 110(a)(1)
Although listed in the electronic docket, provides the procedural and timing
some information is not publicly
requirements for SIPs and section
available, i.e., confidential business
110(a)(2) requires states to address basic
information (CBI) or other information
SIP elements such as requirements for
whose disclosure is restricted by statute. monitoring, basic program requirements
Certain other material, such as
and legal authority that are designed to
copyrighted material, is not placed on
assure attainment and maintenance of
the Internet and will be publicly
the NAAQS. More specifically, section
available only in hard copy form.
110(a)(2) lists specific elements that
Publicly available docket materials are
states must meet for ‘‘infrastructure’’ SIP
available either electronically through
requirements related to a newly
www.regulations.gov or in hard copy for established or revised NAAQS.
For the 2008 Pb NAAQS, states
public inspection during normal
typically have met many of the basic
business hours at the Air Protection
Division, U.S. Environmental Protection program elements required in section
110(a)(2) of the CAA through earlier SIP
Agency, Region III, 1650 Arch Street,
submissions in connection with
Philadelphia, Pennsylvania 19103.
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41437
previous lead NAAQS. Nevertheless,
pursuant to section 110(a)(1) of the
CAA, states have to review and revise,
as appropriate, their existing lead
NAAQS SIPs to ensure that the SIPs are
adequate to address the 2008 Pb
NAAQS. To assist states in meeting this
statutory requirement, EPA issued
guidance on October 14, 2011, entitled,
‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements
Required Under sections 110(a)(1) and
110(a)(2) for the 2008 Lead (Pb) National
Ambient Air Quality Standards
(NAAQS),’’ which lists the basic
elements that states should include in
their SIPs for the 2008 Pb NAAQS.
II. Summary of SIP Revision
On May 2, 2014 (79 FR 25059), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland proposing approval of
Maryland’s January 3, 2013 and August
14, 2013 submittals to satisfy several
requirements of section 110(a)(2) of the
CAA for the 2008 Pb NAAQS. In the
NPR, EPA proposed approval of the
following infrastructure elements:
Sections 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or
portions thereof. This action does not
include any action on section
110(a)(2)(I) of the CAA which pertains
to the nonattainment requirements of
part D, Title I of the CAA, because this
element is not required to be submitted
by the 3-year submission deadline of
CAA section 110(a)(1), and will be
addressed in a separate process if
necessary. The rationale which supports
EPA’s proposed action, including the
scope of infrastructure SIPs in general,
is explained in the NPR and the
technical support document (TSD)
accompanying the NPR and will not be
restated here. The TSD is available
online at www.regulations.gov, Docket
ID Number EPA–R03–OAR–2013–0072.
No comments were received on this
rulemaking action.
III. Final Action
EPA is approving two revisions to the
Maryland SIP, Maryland’s January 3,
2013 and August 14, 2013 submittals for
the 2008 Pb NAAQS, that address the
following infrastructure elements:
Sections 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). This
rulemaking action does not include
section 110(a)(2)(I) of the CAA which
pertains to the nonattainment
requirements of part D, Title I of the
CAA, since this element is not required
to be submitted by the three year
submission deadline of section
110(a)(1), and will be addressed in a
separate process.
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Name of non-regulatory SIP revision
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*
*
Section 110(a)(2) Infrastructure Requirements for the 2008 Lead
NAAQS.
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
Applicable
geographic
area
*
Statewide ....
State submittal
date
1/3/2013
8/14/2013
circuit by September 15, 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. This action,
addressing infrastructure requirements
of section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M) of the
CAA for the 2008 Pb NAAQS for the
State of Maryland, 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, Lead, Reporting and
recordkeeping requirements.
Dated: June 27, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 Lead
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
Additional explanation
*
*
7/16/2014 [Insert page number
where the document begins].
*
*
This action addresses the following
CAA elements: 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J),
(K), (L) and (M)
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EPA Approval date
[FR Doc. 2014–16556 Filed 7–15–14; 8:45 am]
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0888; FRL–9913–59–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois,
Michigan, Minnesota, Wisconsin;
Infrastructure SIP Requirements for
the 2008 Lead NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve elements of state
implementation plan (SIP) submissions
from Michigan and Wisconsin while
taking final action to approve some
elements and disapprove other elements
of SIP submissions from Illinois and
Minnesota regarding the infrastructure
requirements of section 110 of the Clean
Air Act (CAA) for the 2008 lead
National Ambient Air Quality Standards
(2008 Pb NAAQS). The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA. Illinois
and Minnesota already administer
federally promulgated regulations that
address the final disapprovals described
in today’s rulemaking. Therefore, these
two states are not obligated to submit
new or additional regulations to EPA.
DATES: This final rule is effective on
August 15, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2011–0888. All
documents in the docket are listed in
the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly-available only in hard
copy. Publicly-available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Andy Chang at (312)
886–0258 before visiting the Region 5
office.
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SUMMARY:
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Andy Chang, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0258,
chang.andy@epa.gov.
SUPPLEMENTARY INFORMATION: The
proposed rulemaking associated with
this final action was published on May
13, 2014, and EPA received two
comment letters during the comment
period, which ended on June 12, 2014.
One of the letters supported EPA’s
proposed actions, and the concerns
raised in the other letter, as well as
EPA’s response, will be addressed in
this final action.
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background of these SIP
submissions?
A. What state SIP submissions does this
rulemaking address?
B. Why did the states make these SIP
submissions?
C. What is the scope of this rulemaking?
II. What is our response to comments
received on the proposed rulemaking?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is the background of these SIP
submissions?
A. What state SIP submissions does this
rulemaking address?
This rulemaking addresses
submissions from the following states in
EPA Region 5: Illinois Environmental
Protection Agency (Illinois EPA);
Michigan Department of Environmental
Quality (MDEQ); Minnesota Pollution
Control Agency (MPCA); and Wisconsin
Department of Natural Resources
(WDNR). The states submitted their
2008 Pb NAAQS infrastructure SIPs on
the following dates: Illinois—December
31, 2012; Michigan—April 3, 2012, and
supplemented on August 9, 2013, and
September 19, 2013; Minnesota—June
19, 2012; and, Wisconsin—July 26,
2012.
B. Why did the states make these SIP
submissions?
Under sections 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that their
SIPs provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2008 Pb NAAQS.
These submissions must contain any
revisions needed for meeting the
applicable SIP requirements of section
110(a)(2), or certifications that their
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41439
existing SIPs for Pb and ozone already
meet those requirements.
EPA highlighted this statutory
requirement in an October 2, 2007,
guidance document entitled ‘‘Guidance
on SIP Elements Required Under
Sections 110(a)(1) and (2) for the 1997
8-hour Ozone and PM2.5 National
Ambient Air Quality Standards’’ (2007
Memo). On September 25, 2009, EPA
issued an additional guidance document
pertaining to the 2006 PM2.51 NAAQS
entitled ‘‘Guidance on SIP Elements
Required Under Sections 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards (NAAQS)’’ (2009 Memo),
followed by the October 14, 2011,
‘‘Guidance on infrastructure SIP
Elements Required Under Sections
110(a)(1) and (2) for the 2008 Lead (Pb)
National Ambient Air Quality Standards
(NAAQS)’’ (2011 Memo). Most recently,
EPA issued ‘‘Guidance on Infrastructure
State Implementation Plan (SIP)
Elements under Clean Air Act Sections
110(a)(1) and (2)’’ on September 13,
2013 (2013 Memo). The SIP submissions
referenced in this rulemaking pertain to
the applicable requirements of section
110(a)(1) and (2), and primarily address
the 2008 Pb NAAQS. To the extent that
the prevention of significant
deterioration (PSD) program is
comprehensive and non-NAAQS
specific, a narrow evaluation of other
NAAQS, such as the 1997 ozone and
2006 PM2.5 NAAQS will be included in
the appropriate sections.
C. What is the scope of this rulemaking?
EPA is acting upon the SIP
submissions from Illinois, Michigan,
Minnesota, and Wisconsin that address
the infrastructure requirements of CAA
sections 110(a)(1) and 110(a)(2) for the
2008 Pb NAAQS. The requirement for
states to make a SIP submission of this
type arises out of CAA section 110(a)(1).
Pursuant to section 110(a)(1), states
must make SIP submissions ‘‘within 3
years (or such shorter period as the
Administrator may prescribe) after the
promulgation of a national primary
ambient air quality standard (or any
revision thereof),’’ and these SIP
submissions are to provide for the
‘‘implementation, maintenance, and
enforcement’’ of such NAAQS. The
statute directly imposes on states the
duty to make these SIP submissions,
and the requirement to make the
1 PM
2.5 refers to particulate matter of 2.5 microns
or less in diameter, oftentimes referred to as ‘‘fine’’
particles.
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]]>Agencies
[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41437-41439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16556]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0072; FRL-9913-62-OAR]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Section 110(9)(2) Infrastructure Requirements for the 2008
Lead National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) revisions submitted by the State of
Maryland pursuant to the Clean Air Act (CAA). Whenever new or revised
National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. The State of Maryland
has made submittals addressing the infrastructure requirements for the
2008 lead (Pb) NAAQS.
DATES: This final rule is effective on August 15, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0072. 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: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 15, 2008, EPA substantially strengthened the primary and
secondary lead NAAQS (hereafter the 2008 Pb NAAQS), revising the level
of the primary (health-based) standard from 1.5 micrograms per cubic
meter (ug/m\3\) to 0.15 ug/m\3\, measured as total suspended particles
(TSP) and not to be exceeded with an averaging time of a rolling three
month period. EPA also revised the secondary (welfare-based) standard
to be identical to the primary standard, as well as the associated
ambient air monitoring requirements. See 40 CFR 50.16.
Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS or within such shorter period as EPA may prescribe. The contents
of that submission may vary depending upon the facts and circumstances.
In particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affect
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains.
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(1)
provides the procedural and timing requirements for SIPs and section
110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. More specifically, section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS.
For the 2008 Pb NAAQS, states typically have met many of the basic
program elements required in section 110(a)(2) of the CAA through
earlier SIP submissions in connection with previous lead NAAQS.
Nevertheless, pursuant to section 110(a)(1) of the CAA, states have to
review and revise, as appropriate, their existing lead NAAQS SIPs to
ensure that the SIPs are adequate to address the 2008 Pb NAAQS. To
assist states in meeting this statutory requirement, EPA issued
guidance on October 14, 2011, entitled, ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements Required Under sections
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS),'' which lists the basic elements that states
should include in their SIPs for the 2008 Pb NAAQS.
II. Summary of SIP Revision
On May 2, 2014 (79 FR 25059), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland proposing approval of
Maryland's January 3, 2013 and August 14, 2013 submittals to satisfy
several requirements of section 110(a)(2) of the CAA for the 2008 Pb
NAAQS. In the NPR, EPA proposed approval of the following
infrastructure elements: Sections 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. This action
does not include any action on section 110(a)(2)(I) of the CAA which
pertains to the nonattainment requirements of part D, Title I of the
CAA, because this element is not required to be submitted by the 3-year
submission deadline of CAA section 110(a)(1), and will be addressed in
a separate process if necessary. The rationale which supports EPA's
proposed action, including the scope of infrastructure SIPs in general,
is explained in the NPR and the technical support document (TSD)
accompanying the NPR and will not be restated here. The TSD is
available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-
2013-0072. No comments were received on this rulemaking action.
III. Final Action
EPA is approving two revisions to the Maryland SIP, Maryland's
January 3, 2013 and August 14, 2013 submittals for the 2008 Pb NAAQS,
that address the following infrastructure elements: Sections
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M). This rulemaking action does not include section 110(a)(2)(I) of
the CAA which pertains to the nonattainment requirements of part D,
Title I of the CAA, since this element is not required to be submitted
by the three year submission deadline of section 110(a)(1), and will be
addressed in a separate process.
[[Page 41438]]
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 15, 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. This action, addressing infrastructure requirements of section
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M)
of the CAA for the 2008 Pb NAAQS for the State of Maryland, 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, Lead, Reporting and recordkeeping requirements.
Dated: June 27, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2008 Lead NAAQS'' at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA Approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide........... 1/3/2013 7/16/2014 [Insert This action
Requirements for the 2008 Lead 8/14/2013 page number where addresses the
NAAQS. the document following CAA
begins]. elements:
110(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (K), (L) and
(M)
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-16556 Filed 7-15-14; 8:45 am]
BILLING CODE 6560-50-P
