[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44482-44485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18854]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0441; FRL-9983-07--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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision 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 approving
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: This final rule is effective on October 1, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0441. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., 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 through
http://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
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\
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\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\.
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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
(SIP #16-12) 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, and 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.
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\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.
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On July 5, 2018 (83 FR 31352), EPA published a notice of proposed
rulemaking (NPR) for Maryland. In the NPR, EPA proposed approval of
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. Public Comments and EPA Response
EPA received a total of three comments on the July 5, 2018 NPR. Two
of the comments did not concern any of the specific issues raised in
the NPR, nor did they address EPA's rationale for the proposed approval
of MDE's submittal. Therefore, EPA is not responding to those comments.
EPA also received a comment that was supportive of EPA's proposed
approval of Maryland's August 18, 2016 infrastructure SIP submittal for
the 2012 PM2.5 NAAQS. All of the comments received are
included in the docket for this action, available online at
www.regulations.gov, Docket ID: EPA-R03-OAR-2017-0441.
IV. Final 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.\3\ EPA is
approving Maryland's
[[Page 44484]]
August 18, 2016 infrastructure SIP submittal for the 2012
PM2.5 NAAQS as a revision to the Maryland SIP.
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\3\ As stated above, Maryland's infrastructure SIP submittal did
not address the portion of CAA section 110(a)(2)(C) pertaining to
the NNSR permitting program nor CAA section 110(a)(2)(I) pertaining
to the nonattainment requirements of part D, title I of the CAA.
According to the 2013 Infrastructure Guidance, the NNSR permitting
program requirement of section 110(a)(2)(C) is to be addressed in a
different SIP and 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.
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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 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);
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 October 30, 2018. 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 approving Maryland's August 18, 2016 infrastructure
SIP submittal for the 2012 PM2.5 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: August 21, 2018.
Cecil Rodrigues,
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 an
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
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State
Name of non-regulatory SIP revision Applicable geographic area submittal date EPA approval date Additional explanation
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide................... 8/18/2018 8/31/2018, [Insert This action addresses the following CAA
Requirements for the 2012 PM2.5 NAAQS. Federal Register elements: 110(a)(2)(A), (B), (C),
citation]. (D)(i)(I), (D)(i)(II), D(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
This action does not address the
portion of CAA section 110(a)(2)(C)
related to NNSR nor CAA section
110(a)(2)(I).
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[FR Doc. 2018-18854 Filed 8-30-18; 8:45 am]
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