[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49925-49927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0052; FRL-8876-02-R3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Emissions Statement Requirement for the 2015 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 formally submitted by the Maryland 
Department of the Environment (MDE) on behalf of the State of Maryland. 
The revision provides the State of Maryland's certification that its 
existing emissions statement program satisfies the emissions statement 
requirements of the Clean Air Act (CAA) for the 2015 ozone National 
Ambient Air Quality Standard (NAAQS). EPA is approving the State of 
Maryland's emissions statement program certification for the 2015 ozone 
NAAQS as a SIP revision in accordance with the requirements of the CAA.

DATES: This final rule is effective on October 7, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2021-0052. 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: Adam Yarina, 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) 814-2108. Mr. Yarina can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 16, 2021 (86 FR 32006), EPA published a notice of proposed 
rulemaking (NPRM) proposing approval of a SIP revision for the State of 
Maryland. In the NPRM, EPA proposed approval of Maryland's 
certification that Maryland's emissions statement regulation meets the 
emissions statement requirement of section 182(a)(3)(B) of the CAA for 
the 2015 ozone NAAQS. The formal SIP revision was submitted by the 
State of Maryland,

[[Page 49926]]

through the Maryland Department of the Environment, on July 6, 2020.

II. Summary of SIP Revision and EPA Analysis

    On July 6, 2020, the State of Maryland, through the MDE, submitted 
a SIP revision to satisfy the emissions statement requirement of CAA 
section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA first approved 
Maryland's SIP submittal satisfying CAA section 182(a)(3)(B) on October 
12, 1994 (59 FR 51517) and has approved Maryland's submissions for 
section 182(a)(3)(B) for each succeeding revision of the ozone NAAQS. 
Maryland's emissions reporting requirements are codified in Code of 
Maryland Regulations (COMAR) 26.11.01.05-1 ``Emissions Statements.'' 
COMAR 26.11.01.05-1 requires sources that emit above specified 
thresholds of Nitrogen Oxides (NOX) or Volatile Organic 
Compounds (VOC) to submit an emissions statement to the State. The 
emissions threshold for reporting varies according to the county in 
which the source is located. The statement must be submitted by a 
certified individual who can verify the source's actual emissions.
    In Maryland's July 6, 2020 SIP submittal, Maryland certifies that 
the existing COMAR 26.11.01.05-1 ``Emissions Statements'' continues to 
satisfy section 182(a)(3)(B) for the 2015 ozone NAAQS because Maryland 
has not made any changes since EPA's prior approval and COMAR 
26.11.01.05-1 meets the CAA requirements for emission statements. EPA 
finds that COMAR 26.11.01.05-1 continues to satisfy CAA section 
182(a)(3)(B) because the existing rule is applicable to the entire 
State of Maryland and requires stationary sources that emit 
NOX or VOC to submit an emissions statement to the State 
detailing the sources' emissions. EPA finds that Maryland's emissions 
thresholds for stationary sources that are required to submit an 
emissions statement meet CAA requirements in sections 182 (plan 
submissions and requirements for ozone nonattainment areas) and 184 
(Ozone Transport Region requirements). Therefore, EPA has determined 
that COMAR 26.11.01.05-1, which is currently in the Maryland SIP, is 
appropriate to address the emissions statement requirement in section 
182(a)(3)(B) and is approving this SIP revision.
    Other specific requirements of and the rationale for EPA's proposed 
action are explained in the NPRM and will not be restated here. No 
public comments were received on the NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the State of Maryland's July 
6, 2020 emissions statement certification for the 2015 ozone NAAQS as 
approvable under CAA section 182(a)(3)(B). Maryland's emissions 
statement certification certifies that Maryland's existing SIP-approved 
emissions statement program under COMAR 26.11.01.05-1 satisfies the 
requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS.

IV. 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 November 8, 2021. 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 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.


[[Page 49927]]


    Dated: August 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 ``Emissions Statement Certification for the 2015 Ozone 
National Ambient Air Quality Standard'' 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       Applicable geographic    submittal    EPA approval date       Additional
            revision                        area                date                              explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emissions Statement               State-wide..............       7/6/20  9/7/21, [insert      Certification that
 Certification for the 2015                                               Federal Register     Maryland's
 Ozone National Ambient Air                                               citation].           previously
 Quality Standard.                                                                             approved
                                                                                               regulation at
                                                                                               COMAR 26.11.01.05-
                                                                                               1 meets the
                                                                                               emission
                                                                                               statement
                                                                                               requirements for
                                                                                               the 2015 ozone
                                                                                               NAAQS.
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[FR Doc. 2021-19084 Filed 9-3-21; 8:45 am]
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