[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9593-9595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02928]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0982; FRL-9777-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Amendments to Maryland's Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
State of Maryland State Implementation Plan (SIP). The revisions 
pertain to adoption through incorporation by reference of the national 
ambient air quality standards (NAAQS) by the State of Maryland. EPA is 
approving these revisions that adopt the NAAQS for ozone 
(O3), sulfur dioxide (SO2), nitrogen dioxide 
(NO2), lead (Pb), particulate matter (PM) and carbon 
monoxide (CO) as well as the relevant reference and equivalent 
monitoring methods through incorporation by reference into the Code of 
Maryland regulations (COMAR) on an ``as amended'' basis which will 
prospectively incorporate all future revisions and additions to the 
NAAQS in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on April 12, 2013 without further notice, 
unless EPA receives adverse written comment by March 13, 2013. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0982 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2012-0982, Donna Mastro, Acting Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0982. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site 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 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 disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 in www.regulations.gov or 
in hard copy 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: Christopher Cripps, (215) 814-2179, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 9594]]

I. Background

    On November 15, 2012, the State of Maryland submitted a formal 
revision (SIP Revision 12-07) to its SIP. The SIP revision 
consists of the adoption of the revisions since 2006 of the following 
NAAQS along with the associated definitions, reference conditions, and 
methods of measurement associated with these NAAQS: PM, SO2, 
NO2, Pb and O3.

II. Summary of SIP Revision

    This SIP revision updates Maryland's SIP to incorporate the 
following revisions to the NAAQS which were promulgated since 2006:
    (1) The revised NAAQS for PM (71 FR 61224, Oct. 17, 2006) and the 
applicable definitions, reference conditions, and methods of 
measurement as specified in 40 CFR parts 50, 53, and 58;
    (2) the NAAQS for Pb (73 FR 67052, Nov. 12, 2008) and the 
applicable definitions, reference conditions, and methods of 
measurement as specified in 40 CFR parts 50, 51, 53 and 58;
    (3) the revised NAAQS for O3 (73 FR 16511, Mar. 27, 
2008) and the applicable definitions, reference conditions, and methods 
of measurement as specified in 40 CFR parts 50 and 58;
    (4) the revised NAAQS for NO2 (75 FR 6531, Feb. 9, 2010) 
and the applicable definitions, reference conditions, and methods of 
measurement as specified in 40 CFR parts 50 and 58; and
    (5) the revised NAAQS for SO2 (75 FR 35592, June 22, 
2010) and the definitions, reference conditions, and methods of 
measurement as specified in 40 CFR parts 50, 53 and 58;
    In addition, Maryland's SIP revision submittal seeks to incorporate 
by reference the NAAQS of 40 CFR part 50 prospectively in order for 
Maryland's ambient air quality standards to be identical at all times 
to the NAAQS as well as the pertinent definitions, ambient air 
monitoring reference and equivalent methods in 40 CFR parts 51, 53 and 
58. Therefore, whenever EPA promulgates a new or revised NAAQS in 40 
CFR part 50 or revisions to the applicable definitions, ambient air 
monitoring reference and equivalent methods in 40 CFR parts 51, 53 and 
58, the Maryland SIP will automatically reflect such additions and 
revisions without further action by the State of Maryland or EPA.
    Specifically, this revision includes the following changes to Title 
26--Department of The Environment, Subtitle 11--Air Quality, Chapter 04 
Ambient Air Quality Standards (COMAR 26.11.04):
    (1) The deletion of Regulation .04 (COMAR 26.11.04.04) relating to 
ambient air quality standards for PM;
    (2) the deletion of Regulation .05 (COMAR 26.11.04.05) relating to 
ambient air quality standards for SO2;
    (3) the deletion of Regulation .06 (COMAR 26.11.04.06) relating to 
ambient air quality standards for CO;
    (4) the deletion of Regulation .07 (COMAR 26.11.04.07) relating to 
ambient air quality standards for O3;
    (5) the deletion of Regulation .08 (COMAR 26.11.04.08) relating to 
ambient air quality standards for NO2;
    (6) the deletion of Regulation .09 (COMAR 26.11.04.09) relating to 
ambient air quality standards for Pb;
    (7) the deletion of Regulation .02 (COMAR 26.11.04.02) relating to 
definitions, reference conditions, and methods of measurement as those 
specified in 40 CFR parts 50, 53, and 58 of the 2003 edition;
    (8) the deletion of Regulation 02 (COMAR 26.11.04.02) which stated 
that ``Regulations .03-.09 [COMAR 26.11.04.3-.09] of this chapter 
contain State-adopted National Ambient Air Quality Standards'' which no 
longer has any substantive value because the regulations it cites have 
been repealed; and
    (9) the addition of a new Regulation .02 (COMAR 26.11.04.02) which 
specifies that the ambient air quality standards, definitions, 
reference conditions, and methods of measurement are those specified in 
40 CFR parts 50, 51, 53, and 58, ``as amended.'' Maryland uses the 
phrase ``as amended'' in COMAR 26.11.01.02 so that future versions of 
these regulations are adopted prospectively. See Maryland's 
``Incorporation By Reference (IBR) Manual,'' (Revised 7/2009) 
(available at http://www.dsd.state.md.us/mdregister/IBRManual.pdf).
    EPA finds that Maryland has adequately incorporated by reference 
the NAAQS and related definitions, reference conditions, and methods of 
measurement as specified in 40 CFR parts 50, 51, 53, and 58, and, 
through the use of the phrase ``as amended'' in the COMAR regulatory 
text, is incorporating by reference future amendments to the NAAQS and 
related definitions, reference conditions, and methods of measurement 
specified in 40 CFR parts 50, 51, 53, and 58.

III. Final Action

    EPA is approving the November 15, 2012 SIP revision which includes 
amendments to COMAR 26.11.04 into the State of Maryland SIP. EPA is 
publishing this rule without prior proposal because EPA views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on April 12, 2013 without further notice unless EPA 
receives adverse comment by March 13, 2013. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

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 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);

[[Page 9595]]

     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 April 12, 2013. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action to approve amendments to COMAR 26.11.04 Ambient 
Air Quality Standards 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 25, 2013.
W. C. Early,
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 (c) is amended by revising 
the entry for COMAR 26.11.04.02 and by removing the existing entries 
for COMARS 26.11.04.03 through 26.11.04.09 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                   Additional
       Code of Maryland                                State effective                            explanation/
  Administrative  Regulations       Title/Subject            date         EPA Approval date      citation at 40
       (COMAR) citation                                                                           CFR 52.1100
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                                     26.11.04 Ambient Air Quality Standards
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26.11.04.02...................  Ambient Air Quality           9/17/12   2/11/13 [Insert page
                                 Standards,                              number where the
                                 Definitions,                            document begins].
                                 Reference
                                 Conditions, and
                                 Methods of
                                 Measurement.
 
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[FR Doc. 2013-02928 Filed 2-8-13; 8:45 am]
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