[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 33006-33008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0397; FRL-9996-28-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Basic Inspection and Maintenance Program Certification State 
Implementation Plan for the Baltimore Nonattainment Area Under the 2008 
Ozone 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 submitted by the State of Maryland. 
This SIP revision satisfies a Clean Air Act (CAA) requirement for 
enactment of a vehicle emissions inspection and maintenance (I/M) 
program in the Baltimore area--where ambient air quality has been 
classified by EPA as ``Moderate'' or higher nonattainment of federal 
ozone national ambient air quality standards (NAAQS) established in 
2008 (hereafter referred to as the 2008 ozone NAAQS). The CAA requires 
states to demonstrate that any moderate ozone nonattainment area has 
adopted a basic I/M program (as defined by the CAA). In the event an I/
M program was previously enacted to meet a prior NAAQS or other CAA 
requirement, the state must show that the enacted I/M program continues 
to meet applicable federal requirements for a basic I/M program. 
Maryland's SIP revision that is the subject of this action pertains to 
CAA requirements for a basic I/M program in the Baltimore area for the 
2008 ozone NAAQS. EPA is approving Maryland's I/M program 
certification, in accordance with the requirements of the CAA.

DATES: This final rule is effective on August 12, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0397. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, 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) 814-2176. Mr. Rehn can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose

    On March 19, 2019 (84 FR 9993), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed 
approval of Maryland's SIP revision certifying that the existing 
vehicle emission inspection program implemented in the Baltimore ozone 
nonattainment area satisfies the CAA

[[Page 33007]]

requirement under section 182(b)(4) to adopt a vehicle inspection 
program in areas newly classified as moderate nonattainment under the 
2008 ozone NAAQS. The rationale for EPA's proposed action on the 
State's I/M certification SIP was explained in the NPRM and will not be 
restated here. No adverse public comments were received on the NPRM; 
three supportive comments were received on the NPRM. The formal SIP 
revision [SIP #18-01] was submitted by Maryland on March 15, 2018.

II. Final Action

    EPA is approving the submitted motor vehicle I/M certification as a 
revision to the Maryland SIP for the Baltimore ozone nonattainment 
area.

III. 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 September 9, 2019. 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 to approve Maryland's certification that the 
existing Baltimore vehicle emissions inspection program meets CAA 
requirements for a basic I/M program for the Baltimore ozone 
nonattainment area for the 2008 ozone 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 25, 2019.
 Cosmo Servidio,
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 ``Basic vehicle emission inspection and maintenance (I/M) program 
requirement certification for the 2008 ozone national ambient air 
quality standard'' at the end of the table to read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (e) * * *

[[Page 33008]]



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                                                          State
   Name of non-regulatory SIP        Applicable         submittal     EPA approval date   Additional explanation
            revision               geographic area        date
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                                                  * * * * * * *
Basic vehicle emission           Baltimore.........       3/15/2018  7/11/2019, [Insert  Certification that
 inspection and maintenance (I/                                       Federal Register    Maryland's previously
 M) program requirement                                               citation].          approved regulation at
 certification for the 2008                                                               COMAR 11.14.08 meets
 ozone national ambient air                                                               the requirement for a
 quality standard.                                                                        basic I/M program in
                                                                                          the Baltimore Area for
                                                                                          the 2008 ozone NAAQS.
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[FR Doc. 2019-14691 Filed 7-10-19; 8:45 a.m.]
 BILLING CODE 6560-50-P