[Federal Register Volume 84, Number 89 (Wednesday, May 8, 2019)]
[Proposed Rules]
[Pages 20070-20071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09337]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0042; FRL-9993-30-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Infrastructure Requirements for the 2010 Sulfur Dioxide 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a state implementation plan (SIP) submission from 
Maryland for the 2010 sulfur dioxide (SO2) National Ambient 
Air Quality Standard (NAAQS or standard). Whenever EPA promulgates a 
new or revised NAAQS, states are required to make a SIP submission 
showing how the existing approved SIP has all the provisions necessary 
to meet the requirements of the new or revised NAAQS, or to add any 
needed provisions necessary to meet the revised NAAQS. These SIP 
submissions are commonly referred to as ``infrastructure'' SIPs. 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 Clean Air Act (CAA). EPA 
is proposing to approve Maryland's submittal addressing certain 
infrastructure requirements for the 2010 SO2 NAAQS in 
accordance with the requirements of section 110 of the CAA, with the 
exception of the portion of the submittal pertaining to interstate 
transport.

DATES: Written comments must be received on or before June 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0042 at https://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, 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: Marilyn Powers, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2308. Ms. Powers can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 22, 2010 (75 FR 35520), EPA promulgated a revised NAAQS for 
SO2 at a level of 75 part per billion (ppb), based on a 3-
year average of the annual 99th percentile of 1-hour daily maximum 
concentrations. 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 requirement 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 to meet the 
infrastructure requirements.

II. Summary of SIP Revision and EPA Analysis

    On August 17, 2016, Maryland, through the Maryland Department of 
the Environment (MDE) formally submitted a SIP revision to satisfy the 
infrastructure requirements of section 110(a) of the CAA for the 2010 
SO2 NAAQS. The SIP submittal addressed the following 
infrastructure elements for the 2010 SO2 NAAQS: CAA section 
110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II),

[[Page 20071]]

D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
    Based on EPA guidance issued on September 13, 2013 (2013 
Infrastructure Guidance),\1\ 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, title I 
of the CAA, and section 110(a)(2)(I), referred to as ``element (I),'' 
also pertaining to the nonattainment requirements of part D, title I of 
the CAA. In accordance with EPA's 2013 Infrastructure Guidance, the 
NNSR permitting program requirement of section 110(a)(2)(C) is to be 
addressed in a separate SIP. 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.
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    \1\ ``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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    EPA is proposing to approve Maryland's August 17, 2016 
infrastructure SIP submittal for the 2010 SO2 NAAQS for 
elements under CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), D(ii), 
(E), (F), (G), (H), (J), (K), (L), and (M). EPA is not proposing any 
action in this rulemaking related to the interstate transport 
requirement of section 110(a)(2)(D)(i)(I). EPA will consider Maryland's 
2010 1-hour SO2 NAAQS infrastructure submission related to 
the section 110(a)(2)(D)(i)(I) requirements in a separate rulemaking. A 
detailed summary of EPA's review and rationale for approving Maryland's 
submittal, with the exception of section 110(a)(2)(D)(i)(I)), 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-2018-0042.

III. Proposed Action

    EPA's review of this material indicates that MDE's August 17, 2016 
infrastructure SIP submittal for CAA section 110(a)(2)(A), (B), (C), 
(D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 
2010 SO2 NAAQS satisfies the infrastructure requirements of 
CAA section 110(a). EPA is proposing to approve Maryland's 
infrastructure SIP submittal for the 2010 SO2 NAAQS for 
these elements. EPA is not taking action on the portion of the MDE 
submittal related to transport i.e., section 110(a)(2)(D)(i)(I). EPA is 
soliciting public comments on EPA's determination that Maryland's 
infrastructure SIP submittal meets the specific requirements of CAA 
section 110(a)(2) as set forth above and discussed in detail in the TSD 
for this action. 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);
     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 approval of Maryland's infrastructure 
SIP submittal for the 2010 SO2 NAAQS, with the exception of 
section 110(a)(2)(D)(i)(I), 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

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

    Dated: April 25, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-09337 Filed 5-7-19; 8:45 am]
 BILLING CODE 6560-50-P