[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72624-72626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30299]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0476; FRL-9495-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Maryland; Section 110(a)(2) Infrastructure Requirements for 
the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) submittals 
from the State of Maryland pursuant to the Clean Air Act (CAA). 
Whenever new or revised national ambient air quality standards (NAAQS) 
are promulgated, the CAA requires states to submit a plan for the 
implementation, maintenance, and enforcement of such NAAQS. The plan is 
required to address basic program elements, including, but not limited 
to regulatory structure, monitoring, modeling, legal authority, and 
adequate resources necessary to assure attainment and maintenance of 
the standards. These elements are referred to as infrastructure 
requirements. Maryland has made submittals addressing the 
infrastructure requirements for the 1997 8-hour ozone and fine 
particulate matter (PM2.5) NAAQS and the 2006 
PM2.5 NAAQS. This action approves portions of those 
submittals.

DATES: Effective Date: This final rule is effective on December 27, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2010-0476. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, 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 electronically through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the State submittal are available at the 
Maryland Department of the Environment, 1800 Washington Boulevard, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On September 12, 2011 (76 FR 56130), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed 
approval of Maryland submittals that provide the infrastructure 
elements specified in CAA section 110(a)(2)(A), (B), (C), (D)(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M), or portions thereof, necessary 
to implement, maintain, and enforce the 1997 8-hour ozone and 
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. The formal 
submittals by the State of Maryland dated July 27, 2007 and November 
30, 2007 addressed the section 110(a)(2) requirements for the 1997 8-
hour ozone NAAQS; the submittals dated April 3, 2008 and April 16, 2010 
addressed the section 110(a)(2) requirements for the 1997 
p.m.2.5 NAAQS; and the submittals dated April 16, 2010 and 
July 21, 2010 addressed the section 110(a)(2) requirements for the 2006 
PM2.5 NAAQS.

II. Summary of SIP Revision

    The submittals referenced in the Background section of this 
rulemaking action address the infrastructure elements specified in CAA 
section 110(a)(2). These submittals provide for implementation, 
maintenance, and enforcement of the 1997 8-hour ozone NAAQS, the 1997 
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. The 
rationale supporting EPA's proposed action, including the scope of 
infrastructure SIPs in general, is explained in the NPR and the 
technical support document (TSD) and will not be restated here. The TSD 
is available online at http://www.regulations.gov, Docket ID number 
EPA-R03-OAR-2010-0476. No public comments were received on the NPR.

III. Final Action

    EPA is approving the State of Maryland submittals that provide the 
infrastructure elements specified in CAA sections 110(a)(2)(A), (B), 
(C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), or portions 
thereof, necessary to implement, maintain, and enforce the 1997 8-hour 
ozone and PM2.5 NAAQS and the 2006 PM2.5 NAAQS.
    This final rule is limited to the infrastructure elements which 
were subject to EPA's completeness findings pursuant to CAA section 
110(k)(1) for the 1997 8-hour ozone NAAQS dated March 27, 2008 (73 FR 
16205) and the 1997 PM2.5 NAAQS dated October 22, 2008 (73 
FR 62902). These findings pertained only to whether the submissions 
were complete, pursuant to section 110(k)(1)(A), and did not constitute 
EPA approval or disapproval of such submissions. With respect to this 
permit program, on November 29, 2005 (70 FR 71612), EPA promulgated a 
change that made nitrogen oxides (NOX) a precursor for ozone 
in the part C regulations at 40 CFR 51.166 and 40 CFR 52.21. In the 
March 27, 2008 completeness findings, EPA determined that Maryland 
failed to submit a SIP revision to its part C Prevention of Significant 
Deterioration (PSD) permit program to fully incorporate NOX 
as a precursor for ozone. EPA will take separate action on the portions 
of section 110(a)(2)(C) and (J) for the 1997 8-hour ozone and 
PM2.5 NAAQS and the 2006 PM2.5 NAAQS as they 
relate to Maryland's part C PSD permit program.
    Two elements identified in section 110(a)(2) are not governed by 
the three year submission deadline of section 110(a)(1) because SIPs 
incorporating necessary local nonattainment area controls are not due 
within three years after promulgation of a new or revised NAAQS, but 
rather are due at the time the nonattainment area plan requirements are 
due pursuant to CAA section 172. This action does not cover these 
specific elements. This action also does not address the requirements 
of section 110(a)(2)(D)(i) for the 1997 8-hour ozone and 
PM2.5 NAAQS and the 2006 PM2.5 NAAQS. The 
110(a)(2)(D)(i)(I) requirements have been addressed by separate 
findings issued by EPA (70 FR 21147, April 25, 2005 and 75 FR 32673, 
June 9, 2010), and a Federal implementation plan (FIP) (75 FR 45210, 
August 2, 2010). The 110(a)(2)(D)(i)(II) portion of these requirements 
are addressed through 110(a)(2) SIP submittals that EPA will take 
separate action on.

IV. 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

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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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 the 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 January 24, 2012. 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, pertaining to Maryland's section 110(a)(2) 
infrastructure SIP submittals for the 1997 8-hour ozone and 
PM2.5 NAAQS, and the 2006 p.m.2.5 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: November 14, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for 40 CFR 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 
entries at the end of the table for Section 110(a)(2) Infrastructure 
Requirements for the 1997 8-Hour Ozone NAAQS, Section 110(a)(2) 
Infrastructure Requirements for the 1997 p.m.2.5 NAAQS, and 
Section 110(a)(2) Infrastructure Requirements for the 2006 
p.m.2.5 NAAQS. The amendments read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide...........  7/27/07, 11/ 11/25/11, [Insert     This action
 Requirements for the 1997 8-Hour                              30/07   page number where     addresses the
 Ozone NAAQS.                                                          the document          following CAA
                                                                       begins].              elements or
                                                                                             portions thereof:
                                                                                             110(a)(2)(A), (B),
                                                                                             (C), (D)(ii), (E),
                                                                                             (F), (G), (H), (J),
                                                                                             (K), (L), and (M).
Section 110(a)(2) Infrastructure   Statewide...........   4/3/08, 4/  11/25/11, [Insert     This action
 Requirements for the, 1997 PM2.5                              16/10   page number where     addresses the
 NAAQS.                                                                the document          following CAA
                                                                       begins].              elements or
                                                                                             portions thereof:
                                                                                             110(a)(2)(A),, (B),
                                                                                             (C), (D)(ii), (E),
                                                                                             (F), (G), (H), (J),
                                                                                             (K), (L), and (M).
Section 110(a)(2) Infrastructure   Statewide...........  4/16/10, 7/  11/25/11, [Insert     This action
 Requirements for the 2006 PM2.5                               21/10   page number where     addresses the
 NAAQS.                                                                the document          following CAA
                                                                       begins].              elements or
                                                                                             portions thereof:
                                                                                             110(a)(2)(A), (B),
                                                                                             (C), (D)(ii), (E),
                                                                                             (F), (G), (H), (J),
                                                                                             (K), (L), and (M).
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[FR Doc. 2011-30299 Filed 11-23-11; 8:45 am]
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