[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40664-40666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0649; FRL-9913-41-Region-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Section 110(a)(2) Infrastructure Requirements for the 2010 
Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by 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. The State of Maryland 
has made a submittal addressing the infrastructure requirements for the 
2010 nitrogen dioxide (NO2) NAAQS.

DATES: This final rule is effective on August 13, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0649. 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: Ruth Knapp, (215) 814-2191, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 9, 2010 (75 FR 6474), EPA established a new 1-hour 
primary NAAQS for NO2 at a level of 100 parts per billion 
(ppb), based on a 3-year average of the 98th percentile of the yearly 
distribution of 1-hour daily maximum concentrations. Section 110(a) of 
the CAA requires states to submit SIPs to provide for the 
implementation, maintenance, and enforcement of a new or revised NAAQS. 
Specifically, section 110(a)(1) requires states to submit SIPs meeting 
the applicable requirements of section 110(a)(2) within three years 
following the promulgation of such NAAQS, or within such shorter period 
as EPA may prescribe, and section 110(a)(2) requires states to address 
specific elements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS.
    The contents of a SIP submission may vary depending upon the data 
and analytical tools available to the state, as well as the provisions 
already contained in the state's SIP at the time in which the state 
develops and submits the submission for a new or revised NAAQS. States 
were required to submit such SIPs for the 2010 NO2 NAAQS to 
EPA no later than January 2013.

II. Summary of SIP Revision

    On April 15, 2014 (79 FR 21173), EPA published a notice of proposed 
rulemaking (NPR) for the State of

[[Page 40665]]

Maryland proposing approval of Maryland's August 14, 2013 submittal to 
satisfy several requirements of section 110(a)(2) of the CAA for the 
2010 NO2 NAAQS. In the NPR, EPA proposed approval of the 
following infrastructure elements: Sections 110(a)(2)(A), (B), (C), 
(D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof. 
This action does not include any action on section 110(a)(2)(I) of the 
CAA which pertains to the nonattainment requirements of part D, Title I 
of the CAA, because this element 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 if necessary. The rationale which 
supports EPA's proposed action, including the scope of infrastructure 
SIPs in general, is explained in the NPR and the technical support 
document (TSD) accompanying the NPR and will not be restated here. The 
TSD is available online at www.regulations.gov, Docket ID Number EPA-
R03-OAR-2013-0649.

III. Final Action

    EPA is approving as a revision to the Maryland SIP the following 
infrastructure elements in Maryland's August 14, 2013 submittal for the 
2010 NO2 NAAQS: Sections 110(a)(2)(A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M). This rulemaking action does not 
include section 110(a)(2)(I) of the CAA which pertains to the 
nonattainment requirements of part D, Title I of the CAA, since this 
element is not required to be submitted by the three year submission 
deadline of section 110(a)(1), and will be addressed in a separate 
process.

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);
     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 12, 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. This action, addressing infrastructure requirements of section 
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) 
of the CAA for the 2010 NO2 NAAQS for the State of Maryland, 
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, Reporting and recordkeeping requirements.

    Dated: June 25, 2014.
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 (e) is amended by adding 
the entry for ``Section 110(a)(2) Infrastructure Requirements for the 
2010 Nitrogen Dioxide NAAQS'' at the end of the table to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 40666]]



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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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                                                  * * * * * * *
Section 110(a)(2) Infrastructure   Statewide.........       8/14/2013   7/14/2014 [Insert    This action
 Requirements for the 2010                                               Federal Register     addresses the
 Nitrogen Dioxide NAAQS.                                                 citation].           following CAA
                                                                                              elements:
                                                                                              110(a)(2) (A),
                                                                                              (B), (C), (D),
                                                                                              (E), (F), (G),
                                                                                              (H), (J), (K),
                                                                                              (L), and (M).
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[FR Doc. 2014-16301 Filed 7-11-14; 8:45 am]
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