Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Requirements-Nonattainment New Source Review, 39968-39970 [2015-16918]

Download as PDF 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. * * * * * (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. * * * * * [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 srobinson on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:02 Jul 10, 2015 Jkt 235001 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. E:\FR\FM\13JYR1.SGM 13JYR1 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). srobinson on DSK5SPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:02 Jul 10, 2015 Jkt 235001 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 Frm 00029 Fmt 4700 Sfmt 4700 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) * * * E:\FR\FM\13JYR1.SGM 13JYR1 * * 39970 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 * * * * * * [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 srobinson on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:02 Jul 10, 2015 Jkt 235001 * * * * 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 Sfmt 4700 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 13JYR1

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]


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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
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                                                                                                  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].
 
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[FR Doc. 2015-16918 Filed 7-10-15; 8:45 am]
 BILLING CODE 6560-50-P