Approval and Promulgation of Air Quality Implementation Plans; MD; Emissions Statement Requirement for the 2008 Ozone Standard, 32796-32798 [2018-15048]

Download as PDF 32796 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations 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 Name of non-regulatory SIP revision * * * State submittal date ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2017–0637; FRL–9980– 70—Region 3] Approval and Promulgation of Air Quality Implementation Plans; MD; Emissions Statement Requirement for the 2008 Ozone Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP revision fulfills Maryland’s emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: VerDate Sep<11>2014 18:16 Jul 13, 2018 05/16/17 Jkt 244001 Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (e)(1) is amended by adding a second entry for Section 110(a)(2) Infrastructure Requirements for the 2012 Particulate Matter NAAQS after the first entry to read as follows: ■ * Identification of plan. * * (e)* * * (1)* * * * * Additional explanation * * 7/16/2018, [Insert Federal Register citation]. * This final rule is effective on August 15, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2017–0637. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814–2023, or by email at trouba.erin@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On February 20, 2018 (83 FR 7124), EPA published a notice of proposed rulemaking (NPR) for the State of PO 00000 Frm 00038 Fmt 4700 * * Docket 2017–0337. This action addresses the infrastructure element of CAA section 110(a)(2)(D)(i)(I). * DATES: BILLING CODE 6560–50–P Authority: 42 U.S.C. 7401 et seq. EPA approval date * * 1. The authority citation for part 52 continues to read as follows: ■ 40 CFR part 52 is amended as follows: * * PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.2420 Dated: July 2, 2018. Cosmo Servidio, Regional Administrator, Region III. * Statewide .......... [FR Doc. 2018–15049 Filed 7–13–18; 8:45 am] sradovich on DSK3GMQ082PROD with RULES List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Applicable geographic area * * Section 110(a)(2) Infrastructure Requirements for the 2012 Particulate Matter NAAQS. * circuit by September 14, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, addressing Virginia’s interstate transport for the 2012 PM2.5 NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Sfmt 4700 * * Maryland. In the NPR, EPA proposed approval of Maryland’s certification that Maryland’s emissions statement regulation meets the emissions statement requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. The formal SIP revision (#17–02) was submitted by Maryland, through the Maryland Department of the Environment (MDE), on September 25, 2017. II. Summary of SIP Revision and EPA Analysis In Maryland’s September 25, 2017 SIP revision submittal, Maryland states that the existing COMAR 26.11.01.05–1 ‘‘Emissions Statements’’ rule satisfies CAA section 182(a)(3)(B) for the 2008 ozone NAAQS. Under CAA section 182(a)(3)(B), states are required to have an emission statements rule for nonattainment areas for the 2008 ozone NAAQS. In addition, states in the ozone transport region are required to have an emission statement rule statewide, including for attainment areas. See CAA sections 182(a)(3)(B), 182(f), and 184(b)(2). EPA previously approved Maryland’s emissions statement rule for the 1979 1-hour ozone standard, COMAR 26.11.01.05–1, into the E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES Maryland SIP. See 59 FR 51517 (October 12, 1994). 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) for the 2008 ozone NAAQS. Therefore, EPA is approving this SIP revision that certifies that COMAR 26.11.01.05–1 is adequate. Other specific requirements of the revised Maryland COMAR regulations and the rationale for EPA’s proposed action are explained in the NPR and will not be restated here. III. Public Comments and EPA’s Responses EPA received fourteen public comments on our February 20, 2018 NPR proposing to approve Maryland’s September 25, 2017 submittal. Only one comment was adverse and relevant to this action. The adverse comment is summarized and responded to in the following paragraph. All other comments received were not specific to this action, and thus are not addressed here. Comment: The commenter alleges that the EPA is requesting a modification to Maryland’s SIP. The commenter stated that this action will not directly affect Maryland’s atmosphere, small businesses, organizations or governments. The commenter stated that EPA could choose to not change the SIP and leave the regulations as they are without effect to pollutant emissions. The commenter also expressed the need for more detailed social and cultural impacts of the plan revision and stated social and cultural effects should be monitored as the plan is implemented. Finally, the commenter stated further impacts should be evaluated once the ‘‘new plan’’ is established. Response: Maryland submitted this SIP revision certifying that requirements already in the Maryland SIP are adequate to meet the statutory requirement of section 182(a)(3)(B) as it pertains to the 2008 ozone NAAQS. Section 110(k)(3) states that ‘‘the Administrator shall approve a plan revision as a whole if it meets all of the applicable requirements of the CAA. As stated in the NPR, Maryland’s submission meets requirements in CAA section 182 for emission statements. Thus, pursuant to section 110(k)(3), EPA does not have discretion to disapprove the submittal if the state-requested SIP revision meets the requirements of section 182(a)(3)(B). This action pertains to certification of the requirement for the State of Maryland to have an emissions statement rule for the 2008 8hour ozone standard for nonattainment VerDate Sep<11>2014 16:38 Jul 13, 2018 Jkt 244001 areas. The State has certified that the state regulation that is already in the existing SIP is adequate. EPA is approving the State certification and not imposing any new requirements. EPA disagrees with the commenter that further social and cultural ‘‘impacts’’ should be evaluated because nothing in the CAA requires monitoring of such impacts from SIP revisions. IV. Final Action EPA is approving the State of Maryland’s September 25, 2017 SIP revision submittal which addresses the 2008 8-hour ozone NAAQS emissions statement requirements as a revision to the Maryland SIP. 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 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 (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); PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 32797 • 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). 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 14, 2018. 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, approving Maryland’s certification that it’s SIP-approved emissions statement regulation meets the emissions statement requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping E:\FR\FM\16JYR1.SGM 16JYR1 32798 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations requirements, Volatile organic compounds. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Dated: June 27, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 1. The authority citation for part 52 continues to read as follows: ■ § 52.1070 Authority: 42 U.S.C. 7401 et seq. 40 CFR part 52 is amended as follows: Maryland’s emission statement requirement certification for the 2008 ozone national ambient air quality standard at the end of the table to read as follows: * Subpart V—Maryland Identification of plan. * * (e) * * * * * 2. In § 52.1070, the table in paragraph (e) is amended by adding the entry for ■ EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL Name of nonregulatory SIP revision Applicable geographic area * * Emission statement requirement certification for the 2008 ozone national ambient air quality standard. ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–SFUND–1990–0011; FRL–9980– 64—Region 5] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Beloit Corporation Superfund Site Environmental Protection Agency. ACTION: Direct final rule. sradovich on DSK3GMQ082PROD with RULES * * Certification that Maryland’s previously approved regulation at COMAR 26.11.01.05–1 meets the emission statement requirements for the 2008 ozone NAAQS. This direct final partial deletion is effective September 14, 2018 unless EPA receives adverse comments by August 15, 2018. If adverse comments are received, will publish a timely withdrawal of the direct final partial deletion in the Federal Register informing the public that the partial deletion will not take effect. Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1990–0011, by one of the following methods: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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. The 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, the full EPA public comment policy, ADDRESSES: AGENCY: The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Research Center Property (RCP) of the Beloit Corporation Superfund Site (Site), in Rockton, Illinois from the National Priorities List (NPL). This partial deletion includes all media at the 20-acre RCP. The rest of the Site remains on the NPL and is not affected by this action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan. EPA is publishing this direct final partial deletion with the concurrence of the State of Illinois because all appropriate response actions at the RCP under CERCLA have been Jkt 244001 * 7/16/2018, [Insert Federal Register citation]. DATES: 40 CFR Part 300 SUMMARY: Additional explanation completed, other than maintenance, monitoring and five-year reviews. However, this partial deletion does not preclude future actions under Superfund. BILLING CODE 6560–50–P 18:16 Jul 13, 2018 EPA approval date * * State-wide .... September 25, 2017 .. [FR Doc. 2018–15048 Filed 7–13–18; 8:45 am] VerDate Sep<11>2014 State submittal date PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. Email: cano.randolph@epa.gov. Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental Protection Agency Region 5 (SR–6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312) 886–6036. Hand deliver: Superfund Records Center, U.S. Environmental Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, (312)886–0900. Such deliveries are only accepted during the Record Center’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. The normal business hours are Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–1990– 0011. The https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Rules and Regulations]
[Pages 32796-32798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15048]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0637; FRL-9980-70--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
MD; Emissions Statement Requirement for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Maryland. 
This SIP revision fulfills Maryland's emissions statement requirement 
for the 2008 ozone national ambient air quality standard (NAAQS). EPA 
is approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 15, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0637. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Erin Trouba, (215) 814-2023, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 20, 2018 (83 FR 7124), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of Maryland's certification that Maryland's emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS. The formal 
SIP revision (#17-02) was submitted by Maryland, through the Maryland 
Department of the Environment (MDE), on September 25, 2017.

II. Summary of SIP Revision and EPA Analysis

    In Maryland's September 25, 2017 SIP revision submittal, Maryland 
states that the existing COMAR 26.11.01.05-1 ``Emissions Statements'' 
rule satisfies CAA section 182(a)(3)(B) for the 2008 ozone NAAQS. Under 
CAA section 182(a)(3)(B), states are required to have an emission 
statements rule for nonattainment areas for the 2008 ozone NAAQS. In 
addition, states in the ozone transport region are required to have an 
emission statement rule statewide, including for attainment areas. See 
CAA sections 182(a)(3)(B), 182(f), and 184(b)(2). EPA previously 
approved Maryland's emissions statement rule for the 1979 1-hour ozone 
standard, COMAR 26.11.01.05-1, into the

[[Page 32797]]

Maryland SIP. See 59 FR 51517 (October 12, 1994). 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) for the 2008 ozone NAAQS. Therefore, EPA is approving this 
SIP revision that certifies that COMAR 26.11.01.05-1 is adequate. Other 
specific requirements of the revised Maryland COMAR regulations and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here.

III. Public Comments and EPA's Responses

    EPA received fourteen public comments on our February 20, 2018 NPR 
proposing to approve Maryland's September 25, 2017 submittal. Only one 
comment was adverse and relevant to this action. The adverse comment is 
summarized and responded to in the following paragraph. All other 
comments received were not specific to this action, and thus are not 
addressed here.
    Comment: The commenter alleges that the EPA is requesting a 
modification to Maryland's SIP. The commenter stated that this action 
will not directly affect Maryland's atmosphere, small businesses, 
organizations or governments. The commenter stated that EPA could 
choose to not change the SIP and leave the regulations as they are 
without effect to pollutant emissions. The commenter also expressed the 
need for more detailed social and cultural impacts of the plan revision 
and stated social and cultural effects should be monitored as the plan 
is implemented. Finally, the commenter stated further impacts should be 
evaluated once the ``new plan'' is established.
    Response: Maryland submitted this SIP revision certifying that 
requirements already in the Maryland SIP are adequate to meet the 
statutory requirement of section 182(a)(3)(B) as it pertains to the 
2008 ozone NAAQS. Section 110(k)(3) states that ``the Administrator 
shall approve a plan revision as a whole if it meets all of the 
applicable requirements of the CAA. As stated in the NPR, Maryland's 
submission meets requirements in CAA section 182 for emission 
statements. Thus, pursuant to section 110(k)(3), EPA does not have 
discretion to disapprove the submittal if the state-requested SIP 
revision meets the requirements of section 182(a)(3)(B). This action 
pertains to certification of the requirement for the State of Maryland 
to have an emissions statement rule for the 2008 8-hour ozone standard 
for nonattainment areas. The State has certified that the state 
regulation that is already in the existing SIP is adequate. EPA is 
approving the State certification and not imposing any new 
requirements. EPA disagrees with the commenter that further social and 
cultural ``impacts'' should be evaluated because nothing in the CAA 
requires monitoring of such impacts from SIP revisions.

IV. Final Action

    EPA is approving the State of Maryland's September 25, 2017 SIP 
revision submittal which addresses the 2008 8-hour ozone NAAQS 
emissions statement requirements as a revision to the Maryland SIP.

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 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 (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).

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 14, 2018. 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, approving Maryland's certification that it's SIP-
approved emissions statement regulation meets the emissions statement 
requirement of section 182(a)(3)(B) of the CAA for the 2008 ozone 
NAAQS, may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping

[[Page 32798]]

requirements, Volatile organic compounds.

    Dated: June 27, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry for Maryland's emission statement requirement certification 
for the 2008 ozone national ambient air quality standard at the end of 
the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

                            EPA-Approved Non-Regulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
 Name of non- regulatory SIP       Applicable                                    EPA approval      Additional
           revision             geographic area       State submittal date           date          explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emission statement             State-wide.......  September 25, 2017.........  7/16/2018,       Certification
 requirement certification                                                      [Insert          that Maryland's
 for the 2008 ozone national                                                    Federal          previously
 ambient air quality standard.                                                  Register         approved
                                                                                citation].       regulation at
                                                                                                 COMAR
                                                                                                 26.11.01.05-1
                                                                                                 meets the
                                                                                                 emission
                                                                                                 statement
                                                                                                 requirements
                                                                                                 for the 2008
                                                                                                 ozone NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-15048 Filed 7-13-18; 8:45 am]
 BILLING CODE 6560-50-P


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