Approval and Promulgation of Air Quality Implementation Plans; Maryland; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standard, 44482-44485 [2018-18854]

Download as PDF 44482 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations Dated: August 28, 2018. S.E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2018–18936 Filed 8–30–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2018–0764] Safety Zone; Annual Swim for Alligator Reef Lighthouse, Islamorada, FL Coast Guard, DHS. ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce the temporary safety zone for the 6th Annual Swim for Alligator Reef Lighthouse, Islamorada, Florida from 6:30 a.m. until 4:30 p.m. on September 15, 2018. Our regulation for Recurring Safety Zones in Captain of the Port Key West Zone identifies the regulated area for this event. This action is necessary to ensure the safety of event participants and spectators. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port Key West or a designated representative. DATES: The regulations in 33 CFR 165.786, Table to § 165.786, Line No. 9.1 will be enforced from 6:30 a.m. until 4:30 p.m. on September 15, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Gregory Bergstrom, Sector Key West Waterways Management Department, Coast Guard; telephone (305) 292–8772; email Greg.C.Bergstrom@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zones in 33 CFR 165.786, Table to § 165.786, Line No. 9.1, from 6:30 a.m. until 4:30 p.m. on September 15, 2018, for the annual Swim for Alligator Reef Lighthouse in Islamorada, Florida. Our regulation for Recurring Safety Zones in Captain of the Port Key West Zone, § 165.786, Line No. 9.1, specifies the location of the regulated area as all within 50 yards in front of the lead safety vessel preceding the first event participants, 50 yards behind the safety vessel trailing the last event participants, and at all times extend 100 yards on either side of the safety vessels. This action prevents vessels from transiting areas specifically designated daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:04 Aug 30, 2018 Jkt 244001 as safety zones during the periods of enforcement. During the enforcement period, no person or vessel may enter, transit through, anchor within, or remain within the established regulated areas without approval from the Captain of the Port Key West or designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. The Coast Guard will provide notice of the regulated area by Local Notice to Mariners and Broadcast Notice to Mariners. If the Captain of the Port Key West determines that the regulated area need not be enforced for the full duration stated in this publication, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: August 27, 2018. F.S. Rego, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2018–18931 Filed 8–30–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION RIN 1810–AB43 and 1810–AB44 Outdated or Superseded Regulations: Title I, Parts A Through C; Christa McAuliffe Fellowship Program; and Empowerment Zone or Enterprise Community—Priority; Correction Office of Elementary and Secondary Education, Department of Education. ACTION: Correcting amendment. AGENCY: On August 22, 2018, the Secretary published a final rule amending the Code of Federal Regulations (CFR) by removing outdated or superseded regulations, which are no longer needed for the reasons discussed in the rule. There was a clerical error in one of the amendments that prevented two CFR sections from being removed. This document corrects that error. DATES: This correction is effective August 31, 2018. FOR FURTHER INFORMATION CONTACT: Anna Lieth, U.S. Department of Education, 400 Maryland Avenue SW, Room 3W337, Washington, DC 20202. Telephone: (202) 453–5682. Email: Anna.Lieth@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 List of Subjects in 34 CFR Part 200 Education of disadvantaged, Elementary and secondary education, Grant programs-education, Indianseducation, Infants and children, Juvenile delinquency, Migrant labor, Private schools, Reporting and recordkeeping requirements. Dated: August 28, 2018. Frank Brogan, Assistant Secretary for Elementary and Secondary Education. For reasons discussed in the preamble, the Secretary correctly amends 34 CFR part 200 as follows: 34 CFR Part 200 SUMMARY: The Department is correcting a clerical error in an amendment in FR Rule Doc. No. 2018–17480, which published on August 22, 2018, at 83 FR 42440. The rule removed outdated or superseded regulations in 34 CFR parts 200, 237, and 299. One of the amendments to part 200 intended to remove §§ 200.55 through 200.57. The heading to the amendment reflected that section span but its corresponding instruction (instruction 8) directed the removal of § 200.57 only. This document correctly removes §§ 200.55 and 200.56 as originally intended in the August 22, 2018, rule. SUPPLEMENTARY INFORMATION: PART 200—TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED 1. The authority citation for part 200 continues to read as follows: ■ Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted. §§ 200.55 and 200.56 Reserved] [Removed and 2. Remove and reserve §§ 200.55 and 200.56. ■ [FR Doc. 2018–18960 Filed 8–30–18; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2017–0441; FRL–9983– 07—Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: E:\FR\FM\31AUR1.SGM 31AUR1 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submission from Maryland addressing the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. EPA is approving Maryland’s submittal addressing the infrastructure requirements for the 2012 PM2.5 NAAQS in accordance with the requirements of section 110 of the CAA. DATES: This final rule is effective on October 1, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2017–0441. All documents in the docket are listed on the http://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 http:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814 2043, or by email at calcinore.sara@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: daltland on DSKBBV9HB2PROD with RULES I. Background Particle pollution, also referred to as particulate matter (PM), is a complex mixture of small particles and liquid droplets suspended in the air, which causes adverse health effects and is the leading cause of visibility impairment in the United States. Particles with a diameter equal to or less than 2.5 microns, referred to as fine particulate matter or PM2.5, are either emitted directly into the atmosphere or are formed from the chemical reactions of precursor gases, such as sulfur dioxide (SO2), nitrogen oxides (NOX), certain volatile organic compounds (VOCs), and ammonia, in the atmosphere. SO2 and NOX are the primary precursors for the formation of PM2.5 and are emitted primarily from point sources as well as nonpoint, onroad, and nonroad sources. VerDate Sep<11>2014 16:04 Aug 30, 2018 Jkt 244001 On July 18, 1997, EPA promulgated a new 24-hour and a new annual NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA revised the NAAQS for PM2.5, tightening the 24-hour PM2.5 standard from 65 micrograms per cubic meter (mg/m3) to 35 mg/m3, and retaining the annual PM2.5 NAAQS at 15 mg/m3 (71 FR 61144). Subsequently, on December 14, 2012, EPA revised the level of the health based (primary) annual PM2.5 NAAQS to 12 mg/m3. See 78 FR 3086 (January 15, 2013).1 Pursuant to section 110(a)(1), states must submit ‘‘within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),’’ a plan that provides for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions and the requirements to make the submissions is not conditioned upon EPA’s taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan’’ submission must address. EPA commonly refers to such state plans as ‘‘infrastructure SIPs.’’ II. Summary of SIP Revision and EPA Analysis On August 18, 2016, the State of Maryland, through the Maryland Department of the Environment (MDE), formally submitted a SIP revision (SIP #16–12) in order to satisfy the requirements of section 110(a) of the CAA for the 2012 PM2.5 NAAQS. The SIP submittal addressed the following infrastructure elements for the 2012 PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Maryland’s infrastructure SIP submittal did not address the following two elements of CAA section 110(a)(2): The portion of section 110(a)(2)(C) pertaining to permit programs, known as nonattainment new source review (NNSR), under part D of the CAA, and section 110(a)(2)(I), referred to as ‘‘element (I),’’ pertaining to the nonattainment requirements of part D, title I of the CAA. According to the EPA guidance issued on September 13, 2013 1 In EPA’s 2012 PM 2.5 NAAQS revision, EPA left unchanged the existing welfare (secondary) standards for PM2.5 to address particulate matter (PM) related effects such as visibility impairment, ecological effects, damage to materials, and climate impacts. This includes a secondary annual standard of 15 mg/m3 and a 24-hour standard of 35 mg/m3. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 44483 (2013 Infrastructure Guidance),2 the NNSR permitting program requirement of section 110(a)(2)(C) is to be addressed in a different SIP, and therefore does not need to be addressed in this SIP revision. Section 110(a)(2)(I) is not required to be submitted by the 3-year submission deadline of CAA section 110(a)(1) and will be addressed in a separate process if necessary. On July 5, 2018 (83 FR 31352), EPA published a notice of proposed rulemaking (NPR) for Maryland. In the NPR, EPA proposed approval of Maryland’s August 18, 2016 infrastructure SIP submittal for the 2012 PM2.5 NAAQS. A detailed summary of EPA’s review and rationale for approving Maryland’s submittal may be found in the Technical Support Document (TSD) for this rulemaking action, which is available online at www.regulations.gov, Docket ID Number EPA–R03–OAR–2017–0441. III. Public Comments and EPA Response EPA received a total of three comments on the July 5, 2018 NPR. Two of the comments did not concern any of the specific issues raised in the NPR, nor did they address EPA’s rationale for the proposed approval of MDE’s submittal. Therefore, EPA is not responding to those comments. EPA also received a comment that was supportive of EPA’s proposed approval of Maryland’s August 18, 2016 infrastructure SIP submittal for the 2012 PM2.5 NAAQS. All of the comments received are included in the docket for this action, available online at www.regulations.gov, Docket ID: EPA– R03–OAR–2017–0441. IV. Final Action EPA’s review of Maryland’s August 18, 2016 infrastructure SIP submittal for the 2012 PM2.5 NAAQS indicates that MDE’s August 18, 2016 submittal satisfies the infrastructure requirements of CAA section 110(a) for the 2012 PM2.5 NAAQS.3 EPA is approving Maryland’s 2 ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),’’ Memorandum from Stephen D. Page, September 13, 2013. 3 As stated above, Maryland’s infrastructure SIP submittal did not address the portion of CAA section 110(a)(2)(C) pertaining to the NNSR permitting program nor CAA section 110(a)(2)(I) pertaining to the nonattainment requirements of part D, title I of the CAA. According to the 2013 Infrastructure Guidance, the NNSR permitting program requirement of section 110(a)(2)(C) is to be addressed in a different SIP and therefore does not need to be addressed in this SIP revision. Section 110(a)(2)(I) is not required to be submitted by the 3-year submission deadline of CAA section E:\FR\FM\31AUR1.SGM Continued 31AUR1 44484 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations August 18, 2016 infrastructure SIP submittal for the 2012 PM2.5 NAAQS as a revision to the Maryland SIP. V. Statutory and Executive Order Reviews A. General Requirements daltland on DSKBBV9HB2PROD with RULES 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 Name of non-regulatory SIP revision Applicable geographic area * Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS. * Statewide ....... 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 State submittal date EPA approval date * 8/18/2018 * 8/31/2018, [Insert Federal Register citation]. action must be filed in the United States Court of Appeals for the appropriate circuit by October 30, 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 August 18, 2016 infrastructure SIP submittal for the 2012 PM2.5 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, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 21, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 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 (e) is amended by adding an entry for ‘‘Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS’’ at the end of the table to read as follows: ■ § 52.1070 * Identification of plan. * * (e) * * * 16:27 Aug 30, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 * Additional explanation * * * This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M). This action does not address the portion of CAA section 110(a)(2)(C) related to NNSR nor CAA section 110(a)(2)(I). 110(a)(1) and will be addressed in a separate process if necessary. VerDate Sep<11>2014 * Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations [FR Doc. 2018–18854 Filed 8–30–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2007–1092; FRL–9982– 97—Region 5] Air Plan Approval; Michigan; Minor New Source Review Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving certain changes to the Michigan State Implementation Plan (SIP). This action relates to changes to the Permit To Install (PTI) requirements of Part 2 of the Michigan Administrative Code (Part 2 Rules). Changes to the Part 2 Rules were submitted on November 12, 1993; May 16, 1996; April 3, 1998; September 2, 2003; March 24, 2009; and February 28, 2017. DATES: This final rule is effective on October 1, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID SUMMARY: SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background of these SIP submissions? II. What is our response to comments received on the proposed rulemaking? III. What action is EPA taking? IV. Incorporation by Reference. V. Statutory and Executive Order Reviews. I. What is the background of these SIP submissions? A. What state submissions does this rulemaking address? The State of Michigan’s minor source PTI rules are contained in Part 2 of the Michigan Administrative Code. EPA last approved changes to the Part 2 rules in 1982. The Michigan Department of Environmental Quality (MDEQ) has submitted several Part 2 revision packages since that time; however, EPA has not taken a final action on any of the submittals. The following table provides a summary of the various state submittals with the most recent version of each section of the Michigan Rule highlighted in bold. State effective date Submittal date 04/20/1989 11/12/1993 240, 241. 04/17/1992 ........................ 201, 283. 11/18/1993 ........................ 278, 279, 280, 281, 282, 284, 285, 286, 287, 288, 289, 290. 2 ................................ 07/26/1995 05/16/1996 3 ................................ 4 ................................ 5 ................................ 12/12/1996 06/13/1997 07/01/2003 04/03/1998 08/20/1998 09/02/2003 6 ................................ 7 ................................ 06/20/2008 12/20/2016 03/24/2009 2/21/2017 Submittal 1 ................................ daltland on DSKBBV9HB2PROD with RULES No. EPA–R05–OAR–2007–1092. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, 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 through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Rachel Rineheart, Environmental Engineer, at (312) 886–7017 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–7017, rineheart.rachel@epa.gov. EPA published a proposed approval of all changes, except the public notice procedures in Michigan R. 336.1205, on August 15, 2017 (82 FR 38651), with a 30-day public comment period. EPA reopened the comment period twice due to missing files in the docket on regulations.gov. The comment period was reopened for an additional 30 days on November 2, 2017 (82 FR 50853), and an additional 15 days on January 9, 2018 (83 FR 1003). EPA is taking no action on Michigan R. 336.1205 at this time. VerDate Sep<11>2014 16:04 Aug 30, 2018 Jkt 244001 Rules submitted 336.1xxx 201, 205, 208 (rescinded), 209, 219, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. 201a, 205. 278, 283, 284, 285, 286, 287, 290. 201, 201a, 202, 203, 204, 205, 206, 207, 212, 216, 219, 240, 241, 278, 278a, 279 (rescinded), 281, 282, 284, 285, 287, 289, 299. 201, 202, 205, 207, 219, 240, 241, 278, 281, 284, 285, 288, 299. 278a, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. B. Why did the state make these SIP submissions? Section 110(a)(2)(C) of Clean Air Act (the Act) requires that each SIP include a program to provide for the regulation of construction and modification of stationary sources as necessary to assure that the National Ambient Air Quality Standards (NAAQS) are achieved. Specific elements for an approvable construction permitting plan are found in the implementing regulations at 40 CFR part 51, subpart I—Review of New Sources and Modifications. Requirements relevant to minor construction programs are 40 CFR PO 00000 44485 Frm 00037 Fmt 4700 Sfmt 4700 51.160–51.164. EPA regulations have few specific criteria for state minor new source review (NSR) programs. Generally, state programs must set forth legally enforceable procedures that allow the state to prevent any planned construction activity that would result in a violation of the state’s SIP or a national standard. The revisions to Part 2 submitted by MDEQ are largely provisions that strengthen the already approved minor NSR program adding greater detail with respect to applicability, required application material, and processing of applications; however, the revisions do include changes to waiver provisions E:\FR\FM\31AUR1.SGM 31AUR1

Agencies

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44482-44485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0441; FRL-9983-07--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Infrastructure Requirements for the 2012 Fine Particulate 
Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 44483]]

SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submission from Maryland addressing 
the infrastructure requirements of section 110 of the Clean Air Act 
(CAA) for the 2012 annual fine particulate matter (PM2.5) 
National Ambient Air Quality Standard (NAAQS or standard). The 
infrastructure requirements are designed to ensure that the structural 
components of each state's air quality management program are adequate 
to meet the state's responsibilities under the CAA. EPA is approving 
Maryland's submittal addressing the infrastructure requirements for the 
2012 PM2.5 NAAQS in accordance with the requirements of 
section 110 of the CAA.

DATES: This final rule is effective on October 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0441. All documents in the docket are listed on 
the http://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 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, (215) 814 2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Particle pollution, also referred to as particulate matter (PM), is 
a complex mixture of small particles and liquid droplets suspended in 
the air, which causes adverse health effects and is the leading cause 
of visibility impairment in the United States. Particles with a 
diameter equal to or less than 2.5 microns, referred to as fine 
particulate matter or PM2.5, are either emitted directly 
into the atmosphere or are formed from the chemical reactions of 
precursor gases, such as sulfur dioxide (SO2), nitrogen 
oxides (NOX), certain volatile organic compounds (VOCs), and 
ammonia, in the atmosphere. SO2 and NOX are the 
primary precursors for the formation of PM2.5 and are 
emitted primarily from point sources as well as nonpoint, onroad, and 
nonroad sources.
    On July 18, 1997, EPA promulgated a new 24-hour and a new annual 
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA 
revised the NAAQS for PM2.5, tightening the 24-hour 
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5 
NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 14, 
2012, EPA revised the level of the health based (primary) annual 
PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 3086 (January 15, 
2013).\1\
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    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address particulate matter (PM) related effects 
such as visibility impairment, ecological effects, damage to 
materials, and climate impacts. This includes a secondary annual 
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [micro]g/
m\3\.
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    Pursuant to section 110(a)(1), states must submit ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' a plan that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions and the 
requirements to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address. EPA commonly refers to such state 
plans as ``infrastructure SIPs.''

II. Summary of SIP Revision and EPA Analysis

    On August 18, 2016, the State of Maryland, through the Maryland 
Department of the Environment (MDE), formally submitted a SIP revision 
(SIP #16-12) in order to satisfy the requirements of section 110(a) of 
the CAA for the 2012 PM2.5 NAAQS. The SIP submittal 
addressed the following infrastructure elements for the 2012 
PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), 
(D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
    Maryland's infrastructure SIP submittal did not address the 
following two elements of CAA section 110(a)(2): The portion of section 
110(a)(2)(C) pertaining to permit programs, known as nonattainment new 
source review (NNSR), under part D of the CAA, and section 
110(a)(2)(I), referred to as ``element (I),'' pertaining to the 
nonattainment requirements of part D, title I of the CAA. According to 
the EPA guidance issued on September 13, 2013 (2013 Infrastructure 
Guidance),\2\ the NNSR permitting program requirement of section 
110(a)(2)(C) is to be addressed in a different SIP, and therefore does 
not need to be addressed in this SIP revision. Section 110(a)(2)(I) is 
not required to be submitted by the 3-year submission deadline of CAA 
section 110(a)(1) and will be addressed in a separate process if 
necessary.
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    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
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    On July 5, 2018 (83 FR 31352), EPA published a notice of proposed 
rulemaking (NPR) for Maryland. In the NPR, EPA proposed approval of 
Maryland's August 18, 2016 infrastructure SIP submittal for the 2012 
PM2.5 NAAQS. A detailed summary of EPA's review and 
rationale for approving Maryland's submittal may be found in the 
Technical Support Document (TSD) for this rulemaking action, which is 
available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-
2017-0441.

III. Public Comments and EPA Response

    EPA received a total of three comments on the July 5, 2018 NPR. Two 
of the comments did not concern any of the specific issues raised in 
the NPR, nor did they address EPA's rationale for the proposed approval 
of MDE's submittal. Therefore, EPA is not responding to those comments. 
EPA also received a comment that was supportive of EPA's proposed 
approval of Maryland's August 18, 2016 infrastructure SIP submittal for 
the 2012 PM2.5 NAAQS. All of the comments received are 
included in the docket for this action, available online at 
www.regulations.gov, Docket ID: EPA-R03-OAR-2017-0441.

IV. Final Action

    EPA's review of Maryland's August 18, 2016 infrastructure SIP 
submittal for the 2012 PM2.5 NAAQS indicates that MDE's 
August 18, 2016 submittal satisfies the infrastructure requirements of 
CAA section 110(a) for the 2012 PM2.5 NAAQS.\3\ EPA is 
approving Maryland's

[[Page 44484]]

August 18, 2016 infrastructure SIP submittal for the 2012 
PM2.5 NAAQS as a revision to the Maryland SIP.
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    \3\ As stated above, Maryland's infrastructure SIP submittal did 
not address the portion of CAA section 110(a)(2)(C) pertaining to 
the NNSR permitting program nor CAA section 110(a)(2)(I) pertaining 
to the nonattainment requirements of part D, title I of the CAA. 
According to the 2013 Infrastructure Guidance, the NNSR permitting 
program requirement of section 110(a)(2)(C) is to be addressed in a 
different SIP and therefore does not need to be addressed in this 
SIP revision. Section 110(a)(2)(I) is not required to be submitted 
by the 3-year submission deadline of CAA section 110(a)(1) and will 
be addressed in a separate process if necessary.
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V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office 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).
    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 October 30, 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 August 18, 2016 infrastructure 
SIP submittal for the 2012 PM2.5 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, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: August 21, 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 an 
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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                                                                           State
  Name of non-regulatory SIP revision    Applicable geographic area   submittal date      EPA approval date               Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 110(a)(2) Infrastructure        Statewide...................       8/18/2018  8/31/2018, [Insert         This action addresses the following CAA
 Requirements for the 2012 PM2.5 NAAQS.                                                Federal Register           elements: 110(a)(2)(A), (B), (C),
                                                                                       citation].                 (D)(i)(I), (D)(i)(II), D(ii), (E),
                                                                                                                  (F), (G), (H), (J), (K), (L), and (M).
                                                                                                                  This action does not address the
                                                                                                                  portion of CAA section 110(a)(2)(C)
                                                                                                                  related to NNSR nor CAA section
                                                                                                                  110(a)(2)(I).
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[FR Doc. 2018-18854 Filed 8-30-18; 8:45 am]
 BILLING CODE 6560-50-P