Approval and Promulgation of Air Quality Implementation Plans; Maryland; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 20070-20071 [2019-09337]
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Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
Issue an Asbestos Reporting Rule to
Require Reporting under TSCA Section
8(a), 15 U.S.C. 2607(a), of Information
Necessary for EPA to Administer TSCA
as to the Manufacture (including
Importation), Processing, Distribution in
Commerce, Use, and Disposal of
Asbestos. Received January 31, 2019.
2. Asbestos Disease Awareness Organization,
American Public Health Association,
Center for Environmental Health,
Environmental Working Group,
Environmental Health Strategy Center,
and Safer Chemicals Healthy Families to
Andrew Wheeler, Acting Administrator,
Environmental Protection Agency. Re:
Petition under TSCA Section 21 to
Require Reporting on Asbestos
Manufacture, Importation and Use under
TSCA Section 8(a). Received September
27, 2018.
3. EPA. Problem Formulation of the Risk
Evaluation for Asbestos. May 2018.
Washington, DC: US Environmental
Protection Agency, Office of Pollution
Prevention and Toxics. https://
www.epa.gov/sites/production/files/
2018-06/documents/asbestos_problem_
formulation_05-31-18.pdf.
4. EPA. Public database 2016 chemical data
reporting (May 2017 release).
Washington, DC: US Environmental
Protection Agency, Office of Pollution
Prevention and Toxics. Retrieved from
https://www.epa.gov/chemical-datareporting.
5. Flanagan, DM. (2016). 2015 Minerals
Yearbook. Asbestos [advance release]. In
US Geological Survey 2015 Minerals
Yearbook. Reston, VA: U.S. Geological
Survey. https://minerals.usgs.gov/
minerals/pubs/commodity/asbestos/
myb1-2015-asbes.pdf.
6. EPA. Response to Petition to Initiate
Rulemaking Under Section 8(a) of TSCA
for the Reporting of the Manufacture,
Import, and Processing of Asbestos.
Letter. 2019.
7. EPA. Final Rule; Procedures for Chemical
Risk Evaluation Under the Amended
Toxic Substances Control Act. Federal
Register. 82 FR 33726, July 20, 2017
(FRL–9963–38).
List of Subjects in 40 CFR Chapter I
khammond on DSKBBV9HB2PROD with PROPOSALS
Environmental protection, Asbestos,
Flame retardants, Chemicals, Hazardous
substances, Reporting and
recordkeeping requirements.
Dated: April 30, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2019–09335 Filed 5–7–19; 8:45 am]
BILLING CODE 6560–50–P
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16:31 May 07, 2019
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0042; FRL–9993–30–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Infrastructure Requirements
for the 2010 Sulfur Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of a state implementation plan
(SIP) submission from Maryland for the
2010 sulfur dioxide (SO2) National
Ambient Air Quality Standard (NAAQS
or standard). Whenever EPA
promulgates a new or revised NAAQS,
states are required to make a SIP
submission showing how the existing
approved SIP has all the provisions
necessary to meet the requirements of
the new or revised NAAQS, or to add
any needed provisions necessary to
meet the revised NAAQS. These SIP
submissions are commonly referred to
as ‘‘infrastructure’’ SIPs. 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 Clean Air Act
(CAA). EPA is proposing to approve
Maryland’s submittal addressing certain
infrastructure requirements for the 2010
SO2 NAAQS in accordance with the
requirements of section 110 of the CAA,
with the exception of the portion of the
submittal pertaining to interstate
transport.
SUMMARY:
Written comments must be
received on or before June 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0042 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
DATES:
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2308. Ms. Powers can also be
reached via electronic mail at
powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 22, 2010 (75 FR 35520), EPA
promulgated a revised NAAQS for SO2
at a level of 75 part per billion (ppb),
based on a 3-year average of the annual
99th percentile of 1-hour daily
maximum concentrations. 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 requirement 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 to meet the infrastructure
requirements.
II. Summary of SIP Revision and EPA
Analysis
On August 17, 2016, Maryland,
through the Maryland Department of the
Environment (MDE) formally submitted
a SIP revision to satisfy the
infrastructure requirements of section
110(a) of the CAA for the 2010 SO2
NAAQS. The SIP submittal addressed
the following infrastructure elements for
the 2010 SO2 NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),
E:\FR\FM\08MYP1.SGM
08MYP1
Federal Register / Vol. 84, No. 89 / Wednesday, May 8, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
D(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
Based on EPA guidance issued on
September 13, 2013 (2013 Infrastructure
Guidance),1 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,
title I of the CAA, and section
110(a)(2)(I), referred to as ‘‘element (I),’’
also pertaining to the nonattainment
requirements of part D, title I of the
CAA. In accordance with EPA’s 2013
Infrastructure Guidance, the NNSR
permitting program requirement of
section 110(a)(2)(C) is to be addressed in
a separate SIP. 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.
EPA is proposing to approve
Maryland’s August 17, 2016
infrastructure SIP submittal for the 2010
SO2 NAAQS for elements under CAA
section 110(a)(2)(A), (B), (C), (D)(i)(II),
D(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). EPA is not proposing any action in
this rulemaking related to the interstate
transport requirement of section
110(a)(2)(D)(i)(I). EPA will consider
Maryland’s 2010 1-hour SO2 NAAQS
infrastructure submission related to the
section 110(a)(2)(D)(i)(I) requirements in
a separate rulemaking. A detailed
summary of EPA’s review and rationale
for approving Maryland’s submittal,
with the exception of section
110(a)(2)(D)(i)(I)), 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–
2018–0042.
III. Proposed Action
EPA’s review of this material
indicates that MDE’s August 17, 2016
infrastructure SIP submittal for CAA
section 110(a)(2)(A), (B), (C), (D)(i)(II),
D(ii), (E), (F), (G), (H), (J), (K), (L), and
(M) for the 2010 SO2 NAAQS satisfies
the infrastructure requirements of CAA
section 110(a). EPA is proposing to
approve Maryland’s infrastructure SIP
submittal for the 2010 SO2 NAAQS for
these elements. EPA is not taking action
on the portion of the MDE submittal
related to transport i.e., section
110(a)(2)(D)(i)(I). EPA is soliciting
public comments on EPA’s
1 ‘‘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.
VerDate Sep<11>2014
16:31 May 07, 2019
Jkt 247001
determination that Maryland’s
infrastructure SIP submittal meets the
specific requirements of CAA section
110(a)(2) as set forth above and
discussed in detail in the TSD for this
action. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (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
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
20071
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed approval of
Maryland’s infrastructure SIP submittal
for the 2010 SO2 NAAQS, with the
exception of section 110(a)(2)(D)(i)(I),
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the State, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019–09337 Filed 5–7–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0147; FRL–9993–33–
Region 9]
Air Plan Approval; California;
Calaveras County Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Calaveras County Air
Pollution Control District (CCAPCD)
portion of the California State
Implementation Plan (SIP). This
revision concerns reporting of emissions
of volatile organic compounds (VOCs)
and oxides of nitrogen (NOX) in
nonattainment areas. We are proposing
to approve a local rule to require
submittal of emissions statements under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
June 7, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0147 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
SUMMARY:
E:\FR\FM\08MYP1.SGM
08MYP1
]]>Agencies
[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20070-20071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09337]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0042; FRL-9993-30-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Infrastructure Requirements for the 2010 Sulfur Dioxide
National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of a state implementation plan (SIP) submission from
Maryland for the 2010 sulfur dioxide (SO2) National Ambient
Air Quality Standard (NAAQS or standard). Whenever EPA promulgates a
new or revised NAAQS, states are required to make a SIP submission
showing how the existing approved SIP has all the provisions necessary
to meet the requirements of the new or revised NAAQS, or to add any
needed provisions necessary to meet the revised NAAQS. These SIP
submissions are commonly referred to as ``infrastructure'' SIPs. 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 Clean Air Act (CAA). EPA
is proposing to approve Maryland's submittal addressing certain
infrastructure requirements for the 2010 SO2 NAAQS in
accordance with the requirements of section 110 of the CAA, with the
exception of the portion of the submittal pertaining to interstate
transport.
DATES: Written comments must be received on or before June 7, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0042 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2308. Ms. Powers can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 22, 2010 (75 FR 35520), EPA promulgated a revised NAAQS for
SO2 at a level of 75 part per billion (ppb), based on a 3-
year average of the annual 99th percentile of 1-hour daily maximum
concentrations. 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 requirement 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 to meet the
infrastructure requirements.
II. Summary of SIP Revision and EPA Analysis
On August 17, 2016, Maryland, through the Maryland Department of
the Environment (MDE) formally submitted a SIP revision to satisfy the
infrastructure requirements of section 110(a) of the CAA for the 2010
SO2 NAAQS. The SIP submittal addressed the following
infrastructure elements for the 2010 SO2 NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),
[[Page 20071]]
D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Based on EPA guidance issued on September 13, 2013 (2013
Infrastructure Guidance),\1\ 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, title I
of the CAA, and section 110(a)(2)(I), referred to as ``element (I),''
also pertaining to the nonattainment requirements of part D, title I of
the CAA. In accordance with EPA's 2013 Infrastructure Guidance, the
NNSR permitting program requirement of section 110(a)(2)(C) is to be
addressed in a separate SIP. 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.
---------------------------------------------------------------------------
\1\ ``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.
---------------------------------------------------------------------------
EPA is proposing to approve Maryland's August 17, 2016
infrastructure SIP submittal for the 2010 SO2 NAAQS for
elements under CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii),
(E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing any
action in this rulemaking related to the interstate transport
requirement of section 110(a)(2)(D)(i)(I). EPA will consider Maryland's
2010 1-hour SO2 NAAQS infrastructure submission related to
the section 110(a)(2)(D)(i)(I) requirements in a separate rulemaking. A
detailed summary of EPA's review and rationale for approving Maryland's
submittal, with the exception of section 110(a)(2)(D)(i)(I)), 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-2018-0042.
III. Proposed Action
EPA's review of this material indicates that MDE's August 17, 2016
infrastructure SIP submittal for CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the
2010 SO2 NAAQS satisfies the infrastructure requirements of
CAA section 110(a). EPA is proposing to approve Maryland's
infrastructure SIP submittal for the 2010 SO2 NAAQS for
these elements. EPA is not taking action on the portion of the MDE
submittal related to transport i.e., section 110(a)(2)(D)(i)(I). EPA is
soliciting public comments on EPA's determination that Maryland's
infrastructure SIP submittal meets the specific requirements of CAA
section 110(a)(2) as set forth above and discussed in detail in the TSD
for this action. These comments will be considered before taking final
action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 proposed approval of Maryland's infrastructure
SIP submittal for the 2010 SO2 NAAQS, with the exception of
section 110(a)(2)(D)(i)(I), does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-09337 Filed 5-7-19; 8:45 am]
BILLING CODE 6560-50-P
