Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Nonattainment New Source Review, 39968-39970 [2015-16918]
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39968
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
Dated: June 9, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(363)(i)(F) to read
as follows:
■
§ 52.220
Identification of plan.
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*
(c) * * *
(363) * * *
(i) * * *
(F) South Coast Air Quality
Management District.
(1) Rule 223, ‘‘Emission Reduction
Permits for Large Confined Animal
Facilities,’’ adopted on June 2, 2006.
*
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[FR Doc. 2015–16925 Filed 7–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0833; FRL–9930–31–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Preconstruction
Requirements—Nonattainment New
Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted on August 22, 2013 by the
Maryland Department of the
Environment (MDE) on behalf of the
State of Maryland. This revision
pertains to Maryland’s major
nonattainment New Source Review
(NSR) program, notably preconstruction
permitting requirements for sources of
fine particulate matter (PM2.5). This
action is being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
August 12, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
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SUMMARY:
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Number EPA–R03–OAR–2014–0833. 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:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 25, 2015 (80 FR 15713),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. In the NPR, EPA proposed
approval of revisions to Maryland’s
major nonattainment NSR program,
notably preconstruction permitting
requirements for sources of fine
particulate matter (PM2.5). The formal
SIP revision (#13–06) was submitted by
MDE on August 22, 2013.
Generally, the revisions incorporate
provisions related to the 2008
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR
28321 (May 16, 2008). As discussed in
the NPR, the 2008 NSR PM2.5 Rule (as
well as the 2007 ‘‘Final Clean Air Fine
Particle Implementation Rule’’ (2007
PM2.5 Implementation Rule) 1), was the
subject of litigation before the United
States Court of Appeals for the District
of Columbia Circuit (D.C. Circuit) in
Natural Resources Defense Council v.
EPA (hereafter, NRDC v. EPA).2 On
January 4, 2013, the D.C. Circuit
remanded to EPA both the 2007 PM2.5
Implementation Rule and the 2008 NSR
PM2.5 Rule. The court found that in both
rules EPA erred in implementing the
1997 PM2.5 National Ambient Air
Quality Standard (NAAQS) solely
pursuant to the general implementation
PO 00000
1 72
FR 20586 (April 25, 2007).
F.3d 428 (D.C. Cir. 2013).
2 706
Frm 00028
Fmt 4700
Sfmt 4700
provisions of subpart 1 of part D of title
I of the CAA (subpart 1), rather than
pursuant to the additional
implementation provisions specific to
particulate matter in subpart 4 of part D
of title I (subpart 4).3 However, as was
also discussed in the NPR, EPA’s final
actions redesignating all of the areas in
Maryland which were nonattainment for
the 1997 PM2.5 NAAQS to attainment
obviated the need for MDE to submit a
nonattainment NSR SIP addressing
PM2.5 requirements, including those
under subpart 4. See 80 FR 15714. EPA,
therefore, did not evaluate MDE’s
August 22, 2013 SIP revision submittal
for compliance with subpart 4. To the
extent that any area in Maryland is
designated as nonattainment for PM2.5
in the future, MDE will have to make a
submittal under CAA section 189
addressing how its nonattainment NSR
permitting program satisfies all of the
statutory requirements pertaining to
PM2.5, including subpart 4.
II. Summary of SIP Revision
The 2008 NSR PM2.5 Rule: (1)
Required NSR permits to address
directly emitted PM2.5 and precursor
pollutants; (2) established significant
emission rates for direct PM2.5 and
precursor pollutants (including sulfur
dioxide (SO2) and oxides of nitrogen
(NOX)); (3) established PM2.5 emission
offsets; and (4) required states to
account for gases that condense to form
particles (condensables) in PM2.5
emission limits.
To implement these provisions,
Maryland amended Regulation .01
under COMAR 26.11.01 (General
Administrative Provisions) and
Regulations .01 and .02 under COMAR
26.11.17 (Nonattainment Provisions for
Major New Sources and Major
Modifications). The general definitions
at COMAR 26.11.01.01 were amended to
add definitions of ‘‘PM2.5’’ and ‘‘PM2.5
emissions.’’ COMAR 26.11.17 contains
the preconstruction requirements for
new major stationary sources and major
modifications locating in nonattainment
areas. The definitions of ‘‘regulated NSR
pollutant’’ and ‘‘significant’’ under
COMAR 26.11.17.01 were amended.
The amended definitions require that
sources account for the condensable
fraction of PM10 and PM2.5, require that
NOX and SO2 be regulated as precursors
to PM10 and PM2.5, and establish
3 The court’s opinion did not specifically address
the point that implementation under subpart 4
requirements would still require consideration of
subpart 1 requirements, to the extent that subpart
4 did not override subpart 1. EPA assumes that the
court presumed that EPA would address this issue
of potential overlap between subpart 1 and subpart
4 requirements in subsequent actions.
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
significant emission rates (SERs) for
PM2.5 and its precursors. COMAR
26.11.17.02 was revised to specify that
all of the major nonattainment NSR
preconstruction requirements of the
chapter are applicable to new major
stationary sources and major
modifications that are major for PM2.5 or
its precursors. COMAR 26.11.17.02 was
also revised to clarify that in addition to
the requirements of that chapter, the
Prevention of Significant Deterioration
(PSD) requirements of COMAR
26.11.04.16 may also apply to sources
locating in nonattainment areas.
Other specific requirements of MDE’s
August 22, 2013 SIP revision submittal
and the rationale for EPA’s proposed
action are explained in the NPR and
will not be restated here. No public
comments were received on the NPR.
III. Final Action
EPA is approving MDE’s August 22,
2013 submittal as a revision to the
Maryland SIP.
IV. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the MDE
rules regarding definitions and
permitting requirements discussed in
section II of this preamble. The EPA has
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
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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
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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,
PO 00000
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39969
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 11, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
pertaining to Maryland’s nonattainment
NSR program may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entries
for COMAR 26.11.01.01, 26.11.17.01,
and 26.11.17.02 to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations (COMAR)
citation
State effective
date
Title/subject
26.11.01
26.11.01.01 ...............
*
7/8/13
*
26.11.17
*
7/8/13
26.11.17.02 ...............
Applicability ................................
7/8/13
*
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[FR Doc. 2015–16918 Filed 7–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2014–0870; FRL–9930–49Region 4]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Tennessee; Redesignation
of the Knoxville 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking four separate
final actions related to a state
implementation plan (SIP) revision
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
Division of Air Pollution Control, on
November 14, 2014, for the Knoxville,
Tennessee 8-hour ozone nonattainment
area (hereinafter referred to as the
‘‘Knoxville Area’’ or ‘‘Area’’). The
Knoxville Area includes a portion of
Anderson County as well as Blount and
Knox Counties in their entireties. EPA is
approving the base year emissions
inventory for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS) for the Knoxville Area;
determining that the Knoxville Area is
attaining the 2008 8-hour ozone
NAAQS; approving into the SIP the
State’s plan for maintaining attainment
of the 2008 8-hour ozone NAAQS in the
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SUMMARY:
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*
*
*
*
Requirements for Major New Sources and Modifications
Definitions ...................................
*
7/13/15 [Insert Federal Register
citation].
*
26.11.17.01 ...............
*
Additional explanation/
citation at 40 CFR 52.1100
General Administrative Provisions
Definitions ...................................
*
EPA approval
date
7/13/15 [Insert Federal Register
citation].
7/13/15 [Insert Federal Register
citation].
*
*
Area, including the 2011 and 2026
motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOC); and
redesignating the Area to attainment for
the 2008 8-hour ozone NAAQS. EPA is
also finding the 2011 and 2026 MVEBs
for NOX and VOC for the Knoxville Area
adequate for the purposes of
transportation conformity.
DATES:
This rule is effective August 12,
2015.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0870. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
ADDRESSES:
PO 00000
Frm 00030
Fmt 4700
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Jane
Spann or Tiereny Bell of the Air
Regulatory Management Section, in the
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann may be reached by phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov. Ms. Bell may be
reached by phone at (404) 562–9088 or
via electronic mail at bell.tiereny@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background for Final Actions
On May 21, 2012, EPA designated
areas as unclassifiable/attainment or
nonattainment for the 2008 8-hour
ozone NAAQS that was promulgated on
March 27, 2008. See 77 FR 30088. The
Knoxville Area was designated as
nonattainment for the 2008 8-hour
ozone NAAQS and classified as a
marginal nonattainment area. On
November 14, 2014, TDEC requested
that EPA redesignate the Area to
attainment for the 2008 8-hour ozone
NAAQS and submitted a SIP revision
containing a base year emissions
inventory for the Area to address the
requirements of Clean Air Act (CAA or
Act) section 182(a)(1) and the State’s
plan for maintaining attainment of the
2008 8-hour ozone standard in the Area,
including the 2011 and 2026 MVEBs for
NOX and VOC. In a notice of proposed
rulemaking (NPR) published on May 21,
2015, EPA proposed to approve the base
year emissions inventory for the 2008 8hour ozone NAAQS for the Knoxville
Area; to determine that the Knoxville
Area is attaining the 2008 8-hour ozone
NAAQS; to approve into the SIP the
E:\FR\FM\13JYR1.SGM
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Agencies
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39968-39970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16918]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0833; FRL-9930-31-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Preconstruction Requirements--Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted on August 22, 2013 by the
Maryland Department of the Environment (MDE) on behalf of the State of
Maryland. This revision pertains to Maryland's major nonattainment New
Source Review (NSR) program, notably preconstruction permitting
requirements for sources of fine particulate matter (PM2.5).
This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on August 12, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0833. 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: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 25, 2015 (80 FR 15713), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of revisions to Maryland's major nonattainment NSR program,
notably preconstruction permitting requirements for sources of fine
particulate matter (PM2.5). The formal SIP revision (#13-06)
was submitted by MDE on August 22, 2013.
Generally, the revisions incorporate provisions related to the 2008
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR
PM2.5 Rule). 73 FR 28321 (May 16, 2008). As discussed in the
NPR, the 2008 NSR PM2.5 Rule (as well as the 2007 ``Final
Clean Air Fine Particle Implementation Rule'' (2007 PM2.5
Implementation Rule) \1\), was the subject of litigation before the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) in Natural Resources Defense Council v. EPA (hereafter,
NRDC v. EPA).\2\ On January 4, 2013, the D.C. Circuit remanded to EPA
both the 2007 PM2.5 Implementation Rule and the 2008 NSR
PM2.5 Rule. The court found that in both rules EPA erred in
implementing the 1997 PM2.5 National Ambient Air Quality
Standard (NAAQS) solely pursuant to the general implementation
provisions of subpart 1 of part D of title I of the CAA (subpart 1),
rather than pursuant to the additional implementation provisions
specific to particulate matter in subpart 4 of part D of title I
(subpart 4).\3\ However, as was also discussed in the NPR, EPA's final
actions redesignating all of the areas in Maryland which were
nonattainment for the 1997 PM2.5 NAAQS to attainment
obviated the need for MDE to submit a nonattainment NSR SIP addressing
PM2.5 requirements, including those under subpart 4. See 80
FR 15714. EPA, therefore, did not evaluate MDE's August 22, 2013 SIP
revision submittal for compliance with subpart 4. To the extent that
any area in Maryland is designated as nonattainment for
PM2.5 in the future, MDE will have to make a submittal under
CAA section 189 addressing how its nonattainment NSR permitting program
satisfies all of the statutory requirements pertaining to
PM2.5, including subpart 4.
---------------------------------------------------------------------------
\1\ 72 FR 20586 (April 25, 2007).
\2\ 706 F.3d 428 (D.C. Cir. 2013).
\3\ The court's opinion did not specifically address the point
that implementation under subpart 4 requirements would still require
consideration of subpart 1 requirements, to the extent that subpart
4 did not override subpart 1. EPA assumes that the court presumed
that EPA would address this issue of potential overlap between
subpart 1 and subpart 4 requirements in subsequent actions.
---------------------------------------------------------------------------
II. Summary of SIP Revision
The 2008 NSR PM2.5 Rule: (1) Required NSR permits to
address directly emitted PM2.5 and precursor pollutants; (2)
established significant emission rates for direct PM2.5 and
precursor pollutants (including sulfur dioxide (SO2) and
oxides of nitrogen (NOX)); (3) established PM2.5
emission offsets; and (4) required states to account for gases that
condense to form particles (condensables) in PM2.5 emission
limits.
To implement these provisions, Maryland amended Regulation .01
under COMAR 26.11.01 (General Administrative Provisions) and
Regulations .01 and .02 under COMAR 26.11.17 (Nonattainment Provisions
for Major New Sources and Major Modifications). The general definitions
at COMAR 26.11.01.01 were amended to add definitions of
``PM2.5'' and ``PM2.5 emissions.'' COMAR 26.11.17
contains the preconstruction requirements for new major stationary
sources and major modifications locating in nonattainment areas. The
definitions of ``regulated NSR pollutant'' and ``significant'' under
COMAR 26.11.17.01 were amended. The amended definitions require that
sources account for the condensable fraction of PM10 and
PM2.5, require that NOX and SO2 be
regulated as precursors to PM10 and PM2.5, and
establish
[[Page 39969]]
significant emission rates (SERs) for PM2.5 and its
precursors. COMAR 26.11.17.02 was revised to specify that all of the
major nonattainment NSR preconstruction requirements of the chapter are
applicable to new major stationary sources and major modifications that
are major for PM2.5 or its precursors. COMAR 26.11.17.02 was
also revised to clarify that in addition to the requirements of that
chapter, the Prevention of Significant Deterioration (PSD) requirements
of COMAR 26.11.04.16 may also apply to sources locating in
nonattainment areas.
Other specific requirements of MDE's August 22, 2013 SIP revision
submittal and the rationale for EPA's proposed action are explained in
the NPR and will not be restated here. No public comments were received
on the NPR.
III. Final Action
EPA is approving MDE's August 22, 2013 submittal as a revision to
the Maryland SIP.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the MDE rules regarding definitions and permitting
requirements discussed in section II of this preamble. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 11, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to Maryland's nonattainment NSR program
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR 26.11.01.01, 26.11.17.01, and 26.11.17.02 to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 39970]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01.................... Definitions......... 7/8/13 7/13/15 [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01.................... Definitions......... 7/8/13 7/13/15 [Insert
Federal Register
citation].
26.11.17.02.................... Applicability....... 7/8/13 7/13/15 [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-16918 Filed 7-10-15; 8:45 am]
BILLING CODE 6560-50-P