[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26133-26135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0127; FRL-9945-44-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Maryland State Implementation 
Plan (SIP). The SIP revision removes the current SIP approved state 
board requirements and replaces them with an updated version of the 
requirements. The new provisions continue to address state board 
requirements for all the National Ambient Air Quality Standards 
(NAAQS). The revision is being done because the Maryland legislature 
revised Maryland's statutory requirements related to state boards and 
the State wants the most recent version in its SIP. EPA is approving 
these revisions to state board requirements in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 1, 2016 without further notice, 
unless EPA receives adverse written comment by June 1, 2016. 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 No. EPA-R03-
OAR-2016-0127 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 requirements 
for state boards. Section 128(a) 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 the Maryland Department of the Environment (MDE) and the 
Maryland Public Service Commission (PSC) or their designees approve 
permits or enforcement orders.

II. Summary of SIP Revision

    On February 17, 2016, the State of Maryland submitted a formal 
revision (#16-03) to its SIP. The SIP revision submittal requests EPA 
to remove the currently approved state board statutory provisions and 
replace them in the Maryland SIP with the updated statutory provisions 
so that the SIP includes the most recent state statutes that are 
applicable to the section 128 CAA requirements pertaining to state 
boards.
    On December 6, 2013 (78 FR 73442), EPA approved a Maryland SIP 
revision which addressed the requirements of section 128 of the CAA. 
The 2013 revision incorporated portions of the Annotated Code of 
Maryland Title 15 (Public Ethics) into the Maryland SIP. Subsequently, 
Maryland made revisions to its Annotated Code which included relocating 
the ethics provisions from Title 15 to Title 5, as well as minor 
wording changes. Maryland is requesting that EPA remove the previously 
approved portions of Title 15 from its SIP and replace those provisions 
with the most recent portions of the Annotated Code of Maryland Title 5 
(Maryland Public Ethics Laws) which address CAA section 128 
requirements. The Secretary of MDE and the state employees subordinate 
to that position, as well as state employees at the PSC are subject to 
the requirements of Title 5.
    EPA is removing the previously approved portions of Title 15, 
including these portions of: Subtitle 1, sections 15-102 and 15-103; 
and subtitle 6, sections 15-601, 15-602, 15-607, and 15-608. In order 
to continue to meet the requirements of CAA section 128, EPA is 
incorporating as requested by Maryland the relevant ethics provisions 
of Title 5 (Maryland Public Ethics Laws) including portions of: 
Subtitle 1, sections 5-101, 5-103; Subtitle 2, section 5-208; Subtitle 
5, section 5-501; and Subtitle 6, sections 5-601, 5-602, 5-606, 5-607, 
and 5-608. The State effective date for all these provisions in Title 5 
of the Maryland Annotated Code subsections is October 1, 2014.

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

    Section 128(a)(2) requires that each state SIP demonstrate that the 
head of all 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/her designee approves all CAA 
permits or 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 employee. The PSC also acts through its 
Commissioners or delegated subordinates to approve permits. In the 
February 17, 2016 SIP revision submittal, Maryland requested removal of 
outdated provisions of Title 15 of the Annotated Code which address 
disclosure of conflicts of interest as required by section 128 of the 
CAA and submitted recently revised provisions of Title 5 of the 
Annotated Code of Maryland for inclusion into the SIP as required to 
continue to address

[[Page 26134]]

requirements in section 128 of the CAA. Title 5 of the Annotated Code 
of Maryland applies to state employees including the head of the 
Maryland executive agencies or their delegatees who approve CAA permits 
or enforcement orders and requires the disclosure of relevant financial 
information including the disclosure of any potential conflicts of 
interest. The February 17, 2016 SIP revision submittal reflects 
existing Maryland law and demonstrates that Maryland complies with the 
requirements of section 128 of the CAA through the Maryland Title 5 
requirements for adequate disclosure of potential conflicts of 
interest. The revisions made only minor wording changes to the Maryland 
disclosure of conflict of interest provisions and moved these 
disclosure provisions from Title 15 to Title 5 of the Annotated Code.

IV. Final Action

    EPA is approving Maryland's SIP revision that removes outdated 
state board provisions addressing disclosure of conflicts of interest 
by persons or entities within Maryland who approve permits and 
enforcement orders with recently revised and currently effective 
similar statutory provisions also addressing state board requirements 
for section 128 of the CAA including disclosure of conflicts of 
interest. 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 July 1, 2016 without further 
notice unless EPA receives adverse comment by June 1, 2016. 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. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the relevant portions of Title 5 of the Annotated Code of 
Maryland as described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
may be viewed at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

VI. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 July 1, 2016. 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

[[Page 26135]]

comment in the proposed rulemaking action. This action updating the 
Maryland SIP provisions to address state board requirements in section 
128 of the CAA for all the 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 8, 2016,
Shawn M. Garvin,
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:
0
a. Removing the entries under heading ``State Government Article of the 
Annotated Code of Maryland'' for Sections 15-102, 15-103, 15-601, 15-
602, 15-607, 15-608; and
0
b. Adding entries under heading ``State Government Article Annotated 
Code of Maryland'' for Sections 5-101, 5-103, 5-208, 5-501, 5-601, 5-
602, 5-606, 5-607, and 5-608.
    The additions 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
    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 5-101 (a),(e),(f),         Definitions........        10/01/14  05/02/16 [Insert     Added; addresses
 (g)(1)and (2), (h), (i), (j),                                           Federal Register     CAA section 128.
 (m), (n), (p), (s),(t),(bb),                                            citation].
 (ff),(gg), (ll).
Section 5-103(a) through (c).....  Designation of             10/01/14  05/02/16 [Insert     Added; addresses
                                    Individuals as                       Federal Register     CAA section 128.
                                    Public Officials.                    citation].
Section 5-208(a).................  Determination of           10/01/14  05/02/16 [Insert     Added; addresses
                                    public official in                   Federal Register     CAA section 128.
                                    executive agency.                    citation].
Section 5-501(a) and (c).........  Restrictions on            10/01/14  05/02/16 [Insert     Added; addresses
                                    participation.                       Federal Register     CAA section 128.
                                                                         citation].
Section 5-601(a).................  Individuals                10/01/14  05/02/16 [Insert     Added; addresses
                                    required to file                     Federal Register     CAA section 128.
                                    statement.                           citation].
Section 5-602(a).................  Financial                  10/01/14  05/02/16 [Insert     Added; addresses
                                    Disclosure                           Federal Register     CAA section 128.
                                    Statement--Filing                    citation].
                                    Requirements.
Section 5-606(a).................  Public Records.....        10/01/14  05/02/16 [Insert     Added; addresses
                                                                         Federal Register     CAA section 128.
                                                                         citation].
Section 5-607(a) through (j).....  Content of                 10/01/14  05/02/16 [Insert     Added; addresses
                                    statements.                          Federal Register     CAA section 128.
                                                                         citation].
Section 5-608(a) through (c).....  Interests                  10/01/14  05/02/16 [Insert     Added; addresses
                                    attributable to                      Federal Register     CAA section 128.
                                    individual filing                    citation].
                                    statement.
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[FR Doc. 2016-09438 Filed 4-29-16; 8:45 am]
 BILLING CODE 6560-50-P