Approval and Promulgation of Air Quality Implementation Plans; Maryland; Emissions Statement Requirement for the 2008 Ozone Standard, 7124-7125 [2018-03416]
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules
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[FR Doc. 2018–03341 Filed 2–16–18; 8:45 am]
BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
[EPA–R03–OAR–2017–0637; FRL–9974–
62—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Emissions Statement
Requirement for the 2008 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Maryland.
This revision fulfills Maryland’s
emissions statement requirement for the
2008 ozone national ambient air quality
standard (NAAQS). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 22, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0637 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
On March 27, 2008, EPA strengthened
the ozone standard from 0.08 to 0.075
parts per million (ppm). 73 FR 16436.
On May 21, 2012, EPA designated areas
as nonattainment for the 2008 ozone
NAAQS, including the Baltimore and
Washington, DC-MD-VA areas, which
include the following counties in
Maryland: Anne Arundel, Baltimore,
Baltimore City, Carroll, Harford,
Howard, Cecil, Calvert, Charles,
Frederick, Montgomery, and Prince
George’s Counties. See 40 CFR 81.321.
Additionally, Maryland is located in
the ozone transport region (OTR)
established by Congress in section 184
of the CAA. Pursuant to section
184(b)(2), any stationary source that
emits or has the potential to emit at least
50 tons per year (tpy) of volatile organic
compounds (VOC) shall be considered a
major stationary source and subject to
the requirements which would be
applicable to major stationary sources if
the area were classified as a moderate
nonattainment area. See CAA section
184. Thus, states within the OTR are
subject to plan (or SIP) requirements in
CAA section 182(b) applicable to
moderate nonattainment areas. Also,
section 182(f)(1) of the CAA requires
that the plan provisions required for
major stationary sources of VOC also
apply to major stationary sources of
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
oxides of nitrogen (NOX) for states with
moderate (or worse) ozone
nonattainment areas. A major stationary
source of NOX is defined as stationary
facility or source of air pollutants which
directly emits, or has the potential to
emit 100 tpy or more of NOX. See CAA
section 302(j).
Section 182 of the CAA identifies
additional plan submissions and
requirements for ozone nonattainment
areas. Specifically, section 182(a)(3)(B)
of the CAA requires that states develop
and submit rules which establish annual
reporting requirements for certain
stationary sources. Sources that are
within marginal (or worse) ozone
nonattainment areas must annually
report the actual emissions of NOX and
VOC to the state. However, states may
waive sources that emit under 25 tpy of
NOX and VOC if the state provides an
inventory of emissions from such class
or category of sources. See CAA section
182(a)(3)(B)(ii).
In summary, because Maryland is
located in the OTR, sources that are
located in ozone attainment areas and
emit above 50 tpy of VOC or 100 tpy of
NOX are considered major sources and
subject to the requirements of major
stationary sources in moderate (or
worse) nonattainment area, such as an
emissions statement submission as
required by CAA section 182(a)(3)(B).
See CAA sections 182(f) and 184(b)(2).
Sources that are located in designated
marginal (or worse) nonattainment areas
must submit an emissions statement as
required by CAA section 182(a)(3)(B).
As stated previously, states may waive
sources under that emit 25 tpy of NOX
and 25 tpy of VOC threshold if the state
provides an inventory of emissions from
such class or category of sources as
required by CAA sections 172 and
182.1 See section 182(a)(3)(B)(ii).
On September 25, 2017, the State of
Maryland, through the Maryland
Department of the Environment (MDE),
submitted a SIP revision to satisfy the
emissions statement requirement of
section 182(a)(3)(B) of the CAA for the
2008 ozone NAAQS.
II. Summary of SIP Revision and EPA
Analysis
On October 12, 1994 (59 FR 51517),
EPA approved Maryland’s SIP submittal
that satisfies CAA section 182(a)(3)(B).
Maryland’s emissions reporting
requirements are codified in Maryland
regulation COMAR 26.11.01.05–1
1 For further information on the emissions
statement reporting requirements, see ‘‘Guidance on
the Implementation of an Emission Statement
Program (July 1992)’’ https://www.epa.gov/sites/
production/files/2015–09/documents/emission_
statement_program_zypdf.pdf, pp. 5–9.
E:\FR\FM\20FEP1.SGM
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Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules
‘‘Emissions Statements.’’ COMAR
26.11.01.05–1 requires installations or
sources that emit above a particular
threshold of NOX or VOC and are within
certain geographic areas to submit an
emissions statement to the State. The
statement must be submitted by a
certified individual who can verify the
source’s actual emissions.
COMAR 26.11.01.05–1 requires that
sources that emit 25 tons or more of
NOX or VOC during a calendar year in
the following counties (which include
nonattainment areas for the 2008 ozone
NAAQS) submit an emissions
statement: Anne Arundel, Baltimore,
Baltimore City, Calvert, Carroll, Cecil,
Charles, Frederick, Harford, Howard,
Kent, Montgomery, Prince George’s, and
Queen Anne’s counties. As previously
mentioned, per CAA section
182(a)(3)(B)(ii), states may waive
sources under 25 tpy of NOX and VOC
if the state provides an inventory of
emissions from such class or category of
sources as required by CAA sections 172
and 182. Maryland does provide
emissions inventories for nonattainment
areas as required by CAA section
172(c)(3). See e.g. 82 FR 44544
(September 25, 2017).
Finally, COMAR 26.11.01.05–1 also
requires that sources that emit 50 tons
or more of VOC or 100 tons or more of
NOX during a calendar year in the
following counties (which are in ozone
attainment for the 2008 ozone NAAQS
but still located within the OTR) submit
an emissions statement: Allegany,
Caroline, Dorchester, Garrett, St. Mary’s,
Somerset, Talbot, Washington,
Wicomico, and Worcester counties.
Because Maryland is located in the
OTR, sources that are located in
attainment areas for the 2008 ozone
NAAQS and emit above 50 tpy of VOC
and 100 tpy of NOX are considered
major sources and subject to the
requirements of major stationary sources
in moderate (or worse) nonattainment
area, such as an emissions statement
submission as required by CAA section
182(a)(3)(B). See CAA sections 182(f)
and 184(b)(2).
In Maryland’s September 25, 2017 SIP
submittal, Maryland states that the
existing COMAR 26.11.01.05–1
‘‘Emissions Statements’’ continues to
satisfy section 182(a)(3)(B) for the 2008
ozone NAAQS because Maryland has
not made any changes since EPA’s prior
approval and COMAR 26.11.01.05–1
meets the CAA requirements for
emission statements. See 59 FR 51517
(October 12, 1994). EPA finds that
COMAR 26.11.01.05–1 continues to
satisfy section 182(a)(3)(B) because the
existing rule is applicable to the entire
State of Maryland and requires
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Jkt 244001
stationary sources that emit NOX or
VOC to submit an emissions statement
to the State detailing the sources’
emissions. EPA finds Maryland’s
emissions’ thresholds for sources that
are required to submit an emissions
statement meet CAA requirements in
sections 182 (plan submissions and
requirements for ozone nonattainment
areas) and 184 (OTR requirements). See
also ‘‘Guidance on the Implementation
of an Emission Statement Program (July
1992).’’ Therefore, EPA has determined
that COMAR 26.11.01.05–1, which is
currently in the Maryland SIP, is
appropriate to address the emissions
statement requirement in section
182(a)(3)(B) and is proposing to approve
this SIP revision. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
III. Proposed Action
EPA is proposing to approve the
September 25, 2017 Maryland SIP
revision certifying that Maryland’s
existing SIP-approved emissions
statement regulation meets the
emissions statement requirement of
section 182(a)(3)(B) of the CAA for the
2008 ozone NAAQS.
IV. Statutory and Executive Order
Reviews
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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.);
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
7125
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 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 proposed rule, which
proposes to approve Maryland’s
certification that Maryland’s SIPapproved emissions statement
regulation meets the emissions
statement requirement of section
182(a)(3)(B) of the CAA, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 9, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018–03416 Filed 2–16–18; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\20FEP1.SGM
20FEP1
Agencies
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Proposed Rules]
[Pages 7124-7125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03416]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0637; FRL-9974-62--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Emissions Statement Requirement for the 2008 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision fulfills Maryland's emissions
statement requirement for the 2008 ozone national ambient air quality
standard (NAAQS). This action is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be received on or before March 22, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0637 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 27, 2008, EPA strengthened the ozone standard from 0.08 to
0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA
designated areas as nonattainment for the 2008 ozone NAAQS, including
the Baltimore and Washington, DC-MD-VA areas, which include the
following counties in Maryland: Anne Arundel, Baltimore, Baltimore
City, Carroll, Harford, Howard, Cecil, Calvert, Charles, Frederick,
Montgomery, and Prince George's Counties. See 40 CFR 81.321.
Additionally, Maryland is located in the ozone transport region
(OTR) established by Congress in section 184 of the CAA. Pursuant to
section 184(b)(2), any stationary source that emits or has the
potential to emit at least 50 tons per year (tpy) of volatile organic
compounds (VOC) shall be considered a major stationary source and
subject to the requirements which would be applicable to major
stationary sources if the area were classified as a moderate
nonattainment area. See CAA section 184. Thus, states within the OTR
are subject to plan (or SIP) requirements in CAA section 182(b)
applicable to moderate nonattainment areas. Also, section 182(f)(1) of
the CAA requires that the plan provisions required for major stationary
sources of VOC also apply to major stationary sources of oxides of
nitrogen (NOX) for states with moderate (or worse) ozone
nonattainment areas. A major stationary source of NOX is
defined as stationary facility or source of air pollutants which
directly emits, or has the potential to emit 100 tpy or more of
NOX. See CAA section 302(j).
Section 182 of the CAA identifies additional plan submissions and
requirements for ozone nonattainment areas. Specifically, section
182(a)(3)(B) of the CAA requires that states develop and submit rules
which establish annual reporting requirements for certain stationary
sources. Sources that are within marginal (or worse) ozone
nonattainment areas must annually report the actual emissions of
NOX and VOC to the state. However, states may waive sources
that emit under 25 tpy of NOX and VOC if the state provides
an inventory of emissions from such class or category of sources. See
CAA section 182(a)(3)(B)(ii).
In summary, because Maryland is located in the OTR, sources that
are located in ozone attainment areas and emit above 50 tpy of VOC or
100 tpy of NOX are considered major sources and subject to
the requirements of major stationary sources in moderate (or worse)
nonattainment area, such as an emissions statement submission as
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and
184(b)(2). Sources that are located in designated marginal (or worse)
nonattainment areas must submit an emissions statement as required by
CAA section 182(a)(3)(B). As stated previously, states may waive
sources under that emit 25 tpy of NOX and 25 tpy of VOC
threshold if the state provides an inventory of emissions from such
class or category of sources as required by CAA sections 172 and
182.\1\ See section 182(a)(3)(B)(ii).
---------------------------------------------------------------------------
\1\ For further information on the emissions statement reporting
requirements, see ``Guidance on the Implementation of an Emission
Statement Program (July 1992)'' https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, pp. 5-9.
---------------------------------------------------------------------------
On September 25, 2017, the State of Maryland, through the Maryland
Department of the Environment (MDE), submitted a SIP revision to
satisfy the emissions statement requirement of section 182(a)(3)(B) of
the CAA for the 2008 ozone NAAQS.
II. Summary of SIP Revision and EPA Analysis
On October 12, 1994 (59 FR 51517), EPA approved Maryland's SIP
submittal that satisfies CAA section 182(a)(3)(B). Maryland's emissions
reporting requirements are codified in Maryland regulation COMAR
26.11.01.05-1
[[Page 7125]]
``Emissions Statements.'' COMAR 26.11.01.05-1 requires installations or
sources that emit above a particular threshold of NOX or VOC
and are within certain geographic areas to submit an emissions
statement to the State. The statement must be submitted by a certified
individual who can verify the source's actual emissions.
COMAR 26.11.01.05-1 requires that sources that emit 25 tons or more
of NOX or VOC during a calendar year in the following
counties (which include nonattainment areas for the 2008 ozone NAAQS)
submit an emissions statement: Anne Arundel, Baltimore, Baltimore City,
Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent,
Montgomery, Prince George's, and Queen Anne's counties. As previously
mentioned, per CAA section 182(a)(3)(B)(ii), states may waive sources
under 25 tpy of NOX and VOC if the state provides an
inventory of emissions from such class or category of sources as
required by CAA sections 172 and 182. Maryland does provide emissions
inventories for nonattainment areas as required by CAA section
172(c)(3). See e.g. 82 FR 44544 (September 25, 2017).
Finally, COMAR 26.11.01.05-1 also requires that sources that emit
50 tons or more of VOC or 100 tons or more of NOX during a
calendar year in the following counties (which are in ozone attainment
for the 2008 ozone NAAQS but still located within the OTR) submit an
emissions statement: Allegany, Caroline, Dorchester, Garrett, St.
Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties.
Because Maryland is located in the OTR, sources that are located in
attainment areas for the 2008 ozone NAAQS and emit above 50 tpy of VOC
and 100 tpy of NOX are considered major sources and subject
to the requirements of major stationary sources in moderate (or worse)
nonattainment area, such as an emissions statement submission as
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and
184(b)(2).
In Maryland's September 25, 2017 SIP submittal, Maryland states
that the existing COMAR 26.11.01.05-1 ``Emissions Statements''
continues to satisfy section 182(a)(3)(B) for the 2008 ozone NAAQS
because Maryland has not made any changes since EPA's prior approval
and COMAR 26.11.01.05-1 meets the CAA requirements for emission
statements. See 59 FR 51517 (October 12, 1994). EPA finds that COMAR
26.11.01.05-1 continues to satisfy section 182(a)(3)(B) because the
existing rule is applicable to the entire State of Maryland and
requires stationary sources that emit NOX or VOC to submit
an emissions statement to the State detailing the sources' emissions.
EPA finds Maryland's emissions' thresholds for sources that are
required to submit an emissions statement meet CAA requirements in
sections 182 (plan submissions and requirements for ozone nonattainment
areas) and 184 (OTR requirements). See also ``Guidance on the
Implementation of an Emission Statement Program (July 1992).''
Therefore, EPA has determined that COMAR 26.11.01.05-1, which is
currently in the Maryland SIP, is appropriate to address the emissions
statement requirement in section 182(a)(3)(B) and is proposing to
approve this SIP revision. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
III. Proposed Action
EPA is proposing to approve the September 25, 2017 Maryland SIP
revision certifying that Maryland's existing SIP-approved emissions
statement regulation meets the emissions statement requirement of
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS.
IV. Statutory and Executive Order Reviews
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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 (Public Law 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 proposed rule, which proposes to approve
Maryland's certification that Maryland's SIP-approved emissions
statement regulation meets the emissions statement requirement of
section 182(a)(3)(B) of the CAA, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 9, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-03416 Filed 2-16-18; 8:45 am]
BILLING CODE 6560-50-P