Approval and Promulgation of Air Quality Implementation Plans; MD; Emissions Statement Requirement for the 2008 Ozone Standard, 32796-32798 [2018-15048]
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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:
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05/16/17
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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
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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
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*
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]
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State
submittal
date
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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]
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