[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41278-41279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16949]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0208; FRL-9697-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology for the 1997 8-Hour 
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision pertains to the 
requirements for meeting reasonably available control technology (RACT) 
for oxides of nitrogen (NOX) and volatile organic compounds 
(VOCs) for the 1997 8-hour ozone national ambient air quality standard 
(NAAQS). These requirements are based on: A certification that 
previously adopted RACT controls in Maryland's SIP, which were approved 
by EPA under the 1-hour ozone NAAQS, are based on the currently 
available technically and economically feasible controls and continue 
to represent RACT for the 1997 8-hour ozone NAAQS implementation 
purposes; a negative declaration demonstrating that no facilities exist 
in Maryland for the applicable control technique guideline (CTG) 
categories; and adoption of new or more stringent RACT determinations. 
This action is being taken in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2012-0208. All documents in the docket are listed in 
the 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 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, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. On May 14, 2012 (77 FR 28338), EPA published a 
notice of proposed rulemaking (NPR) for the State of Maryland. The 
formal SIP revision (MDE SIP Number 11-08) was submitted by the 
Maryland Department of the Environment on October 17, 2011. EPA 
proposed to approve the Maryland SIP revision for the requirements of 
RACT for NOX and VOCs set forth in the CAA with respect to 
the 1997 8-hour ozone standard.

II. Summary of SIP Revision

    Maryland's SIP revision contains the requirements of RACT set forth 
in the CAA under the 1997 8-hour ozone NAAQS. Maryland's SIP revision 
satisfies the 1997 8-hour ozone standard RACT requirements through (1) 
certification that previously adopted RACT controls in Maryland's SIP 
that were approved by EPA under the 1-hour ozone NAAQS are based on the 
currently available technically and economically feasible controls and 
continue to represent RACT for the 8-hour implementation purpose; (2) a 
negative declaration demonstrating that no facilities exist in Maryland 
for the applicable CTG categories; and (3) adoption of new or more 
stringent RACT determinations. Other specific requirements of the CAA 
and EPA's review and rationale for our proposed action are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is approving a revision to the Maryland SIP submitted by the 
State of Maryland, through the Maryland Department of the Environment, 
on October 17, 2011 that addresses the 1997 8-hour ozone NAAQS. EPA has 
determined that Maryland has met the requirements of RACT for 
NOX and VOCs set forth in the CAA with respect to the 1997 
8-hour ozone standard.

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

[[Page 41279]]

the CAA. Accordingly, this action merely proposes to approve 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 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 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 September 11, 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 RACT provisions for 
NOX and VOCs with respect to the 1997 8-hour ozone 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 
requirements, Volatile organic compounds.

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

    Dated: June 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    Therefore, 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.

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry for ``RACT under the 1997 8-hour ozone NAAQS'' at the end of 
the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP          Applicable      State submittal                            Additional
            revision                geographic area          date        EPA approval date       explanation
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                                                  * * * * * * *
RACT under the 1997 8-hour ozone  Statewide..........        10/17/11   7/13/12 [Insert      ...................
 NAAQS.                                                                  page number where
                                                                         the document
                                                                         begins].
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[FR Doc. 2012-16949 Filed 7-12-12; 8:45 am]
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