[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73442-73445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28956]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0650; FRL-9903- 78-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; State Boards Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
State of Maryland State Implementation Plan (SIP). The SIP revision 
addresses the State Boards' requirements for all criteria pollutants of 
the National Ambient Air Quality Standards (NAAQS). EPA is approving 
this SIP revision in accordance with the requirements of the Clean Air 
Act (CAA).

DATES: This rule is effective on February 4, 2014 without further 
notice, unless EPA receives adverse written comment by January 6, 2014. 
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-2013-0650 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-2013-0650, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Air Protection Division, 
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-
2013-0650. 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

[[Page 73443]]

the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, 
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 128 of the CAA requires SIPs to comply with the 
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the 
CAA also references these requirements. Section 128(a) of the CAA 
requires SIPs to contain provisions that: (1) Any board or body which 
approves permits or enforcement orders under the CAA shall have at 
least a majority of its members represent the public interest and not 
derive any significant portion of their income from persons subject to 
permits or enforcement orders under the CAA; and (2) any potential 
conflict of interest by members of such board or body or the head of an 
executive agency with similar powers be adequately disclosed. The 
requirements of section 128(a)(1) are not applicable to Maryland 
because it does not have any board or body which approves air quality 
permits or enforcement orders. The requirements of section 128(a)(2), 
however, are applicable because the heads of Maryland Department of the 
Environment (MDE) and the Maryland Public Service Commission (PSC), or 
their designees, approve permits or enforcement orders within Maryland.

II. Summary of SIP Revision

    On August 14, 2013, the State of Maryland, through MDE, submitted a 
SIP revision (13-03B) that addresses the requirements of 
sections 128 and 110(a)(2)(E)(ii) for all criteria pollutants of the 
NAAQS in relation to State Boards. This submission was part of a larger 
SIP revision submitted on the same date. However, EPA will take 
separate rulemaking action on the remainder of that revision. 
Maryland's statutory provisions governing the relevant section 128 
requirements are found in the Annotated Code of Maryland Title 15 
(Public Ethics). The Secretary of MDE and the state employees 
subordinate to the position, as well as the state employees at the PSC, 
are subject to the requirements of Title 15. In order to meet the 
requirements of CAA Sections 128 and 110(a)(2)(E)(ii), Maryland is 
seeking to incorporate into the SIP the relevant provisions of Title 
15, including certain portions of: Subtitle 1, sections 15-102 and 15-
103; and, subtitle 6, sections 15-601, 15-602, 15-607, and 15-608. The 
State effective dates for these subsections of Title 15 are listed in 
the table in 40 CFR 52.1070(c) and are the ``last amended'' dates for 
the statutory sections, which include these subsections, according to 
Michie's Annotated Code of Maryland.

III. EPA's Analysis of Maryland's SIP Revision

    Sections 128 and 110(a)(2)(E)(ii) require that each state's SIP 
demonstrates how state boards, bodies or heads of executive agencies 
which approve CAA permits or enforcement orders disclose any potential 
conflicts of interest. The Secretary of MDE or his designee approves 
all CAA permits and enforcement orders in Maryland with the exception 
of pre-construction permits for electric generating stations that 
receive a Certificate of Public Convenience and Necessity (CPCN) from 
the PSC. MDE is an executive agency that acts through its Secretary or 
a delegated subordinate state employee. The PSC also acts through its 
Commissioners or delegated subordinates to approve permits. MDE 
submitted relevant provisions of the Annotated Code of Maryland, Title 
15 for inclusion into the SIP as required by sections 128 and 
110(a)(2)(E)(ii). Title 15 applies to state employees and requires them 
to disclose relevant financial information. This SIP revision reflects 
the existing law and demonstrates that Maryland complies with the 
requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA through 
the Maryland Title 15 requirements for adequate disclosure of potential 
conflicts of interest.

IV. Final Action

    EPA is approving the Maryland SIP revision that addresses the 
requirements of sections 128 and 110(a)(2)(E)(ii) of the CAA for all 
criteria pollutants of the NAAQS. 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 February 4, 
2014 without further notice unless EPA receives adverse comment by 
January 6, 2014. 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. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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 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

[[Page 73444]]

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 February 4, 2014. 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 action. This action, approving the Maryland SIP revision for 
purposes of meeting sections 128 and 110(a)(2)(E)(ii) requirements for 
all criteria pollutants of the NAAQS in relation to State Boards, 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, Reporting and recordkeeping requirements.

    Dated: November 14, 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 adding 
six entries under a new heading ``State Government Article of the 
Annotated Code of Maryland'' at the end of the table.
    The added text reads 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 Administrative                             State                               explanation/
   Regulations (COMAR) citation       Title/subject        effective     EPA approval date    citation at 40 CFR
                                                             date                                  52.1100
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                                                                                                  Additional
    Annotated Code of Maryland                               State                               explanation/
             citation                 Title/subject     effective date   EPA approval date    citation at 40 CFR
                                                                                                   52.1100
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                                                  * * * * * * *
                           State Government Article of the Annotated Code of Maryland
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Section 15-102(a)(1), (a)(2)(bb),  Definitions........         10/1/12  12/6/13 [Insert      Added; addresses
 (a)(2)(ff), and (a)(2)(ll).                                             page number where    CAA section 128.
                                                                         the document
                                                                         begins].
Section 15-103(a), (b)(1) and      Designation of              10/1/95  12/6/13 [Insert      Added; addresses
 (b)(2), and (f).                   Individuals as                       page number where    CAA section 128.
                                    public officials.                    the document
                                                                         begins].
Section 15-601(a)................  Individuals                 10/1/04  12/6/13 [Insert      Added; addresses
                                    required to file                     page number where    CAA section 128.
                                    statement.                           the document
                                                                         begins].
Section 15-602(a)(1) through       Financial                   10/1/08  12/6/13 [Insert      Added; addresses
 (a)(5).                            disclosure                           page number where    CAA section 128.
                                    statement--Filing                    the document
                                    requirements.                        begins].
Section 15-607(a) through (j)....  Content of                  10/1/04  12/6/13 [Insert      Added; addresses
                                    statements.                          page number where    CAA section 128.
                                                                         the document
                                                                         begins].
Section 15-608(a) through (c)....  Interests                   10/1/95  12/6/13 [Insert      Added; addresses
                                    attributable to                      page number where    CAA section 128.
                                    individual filing                    the document
                                    statement.                           begins].
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[FR Doc. 2013-28956 Filed 12-5-13; 8:45 am]
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