[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31352-31354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14331]


-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0441; FRL-9980-34--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Infrastructure Requirements for the 2012 Fine Particulate 
Matter National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) submission from Maryland 
addressing the infrastructure requirements of section 110 of the Clean 
Air Act (CAA) for the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
standard). The infrastructure requirements are designed to ensure that 
the structural components of each state's air quality management 
program are adequate to meet the state's responsibilities under the 
CAA. EPA is proposing to approve Maryland's submittal addressing the 
infrastructure requirements for the 2012 PM2.5 NAAQS in 
accordance with the requirements of section 110 of the CAA.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0441 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,

[[Page 31353]]

comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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: Sara Calcinore, (215) 814-2043, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Particle pollution, also referred to as particulate matter (PM), is 
a complex mixture of small particles and liquid droplets suspended in 
the air, which causes adverse health effects and is the leading cause 
of visibility impairment in the United States. Particles with a 
diameter equal to or less than 2.5 microns referred to as fine 
particulate matter or PM2.5, are either emitted directly 
into the atmosphere or are formed from the chemical reactions of 
precursor gases, such as sulfur dioxide (SO2), nitrogen 
oxides (NOX), certain volatile organic compounds (VOCs), and 
ammonia, in the atmosphere. SO2 and NOX are the 
primary precursors for the formation of PM2.5 and are 
emitted primarily from point sources as well as nonpoint, onroad, and 
nonroad sources.
    On July 18, 1997, EPA promulgated a new 24-hour and a new annual 
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA 
revised the NAAQS for PM2.5, tightening the 24-hour 
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5 
NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 14, 
2012, EPA revised the level of the health based (primary) annual 
PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 3086 (January 15, 
2013).\1\
---------------------------------------------------------------------------

    \1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left 
unchanged the existing welfare (secondary) standards for 
PM2.5 to address particulate matter (PM) related effects 
such as visibility impairment, ecological effects, damage to 
materials, and climate impacts. This includes a secondary annual 
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [micro]g/
m\3\.
---------------------------------------------------------------------------

    Pursuant to section 110(a)(1), states must submit ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' a plan that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. The statute directly 
imposes on states the duty to make these SIP submissions and the 
requirements to make the submissions is not conditioned upon EPA's 
taking any action other than promulgating a new or revised NAAQS. 
Section 110(a)(2) includes a list of specific elements that ``[e]ach 
such plan'' submission must address. EPA commonly refers to such state 
plans as ``infrastructure SIPs.''

II. Summary of SIP Revision and EPA Analysis

    On August 18, 2016, the State of Maryland, through the Maryland 
Department of the Environment (MDE), formally submitted a SIP revision 
in order to satisfy the requirements of section 110(a) of the CAA for 
the 2012 PM2.5 NAAQS. The SIP submittal addressed the 
following infrastructure elements for the 2012 PM2.5 NAAQS: 
CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E), 
(F), (G), (H), (J), (K), (L), and (M).
    Maryland's infrastructure SIP submittal did not address the 
following two elements of CAA section 110(a)(2): The portion of section 
110(a)(2)(C) pertaining to permit programs, known as nonattainment new 
source review (NNSR), under part D of the CAA and section 110(a)(2)(I), 
referred to as ``element (I),'' pertaining to the nonattainment 
requirements of part D, title I of the CAA. According to the EPA 
guidance issued on September 13, 2013 (2013 Infrastructure 
Guidance),\2\ the NNSR permitting program requirement of section 
110(a)(2)(C) is to be addressed in a different SIP, therefore does not 
need to be addressed in this SIP revision. Section 110(a)(2)(I) 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.
---------------------------------------------------------------------------

    \2\ ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' 
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------

    EPA is proposing to approve Maryland's August 18, 2016 
infrastructure SIP submittal for the 2012 PM2.5 NAAQS. A 
detailed summary of EPA's review and rationale for approving Maryland's 
submittal may be found in the Technical Support Document (TSD) for this 
rulemaking action, which is available online at www.regulations.gov, 
Docket ID Number EPA-R03-OAR-2017-0441.

III. Proposed Action

    EPA's review of Maryland's August 18, 2016 infrastructure SIP 
submittal for the 2012 PM2.5 NAAQS indicates that MDE's 
August 18, 2016 submittal satisfies the infrastructure requirements of 
CAA section 110(a) for the 2012 PM2.5 NAAQS. Therefore, EPA 
is proposing to approve Maryland's infrastructure SIP submittal for the 
2012 PM2.5 NAAQS. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. Statutory and Executive Order Reviews

    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 proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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);

[[Page 31354]]

     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 proposed rule, which proposes approval of 
Maryland's infrastructure SIP submittal for the 2012 PM2.5 
NAAQS, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.


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

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-14331 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P