Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 9593 

limitations set forth in § 1.515 of this 

part. 

■ 3. Section 1.515 is redesignated as 

§ 1.523 and a new § 1.515 is added to 

read as follows: 

§ 1.515 Disclosure of information to 

participate in state prescription drug 

monitoring programs. 

(a) General. Information covered by 

§§ 1.500 through 1.527 of this part may 

be disclosed to State Prescription Drug 

Monitoring Programs pursuant to the 

limitations set forth in paragraph (c) of 

this section. 

(b) Definitions. For the purposes of 

this section: 

Controlled substance means any 

substance identified in 21 CFR part 

1308 as a schedule II, III, IV, or V 

controlled substance. 

State Prescription Drug Monitoring 

Program (PDMP) means a State 

controlled substance monitoring 

program, including a program approved 

by the Secretary of Health and Human 

Services under section 399O of the 

Public Health Service Act (42 U.S.C. 

280g–3). 

(c) Participation in PDMPs. VA may 

disclose to PDMPs any of the following 

information concerning the prescription 

of controlled substances: 

(1) Demographic information of 

veterans and dependents of veterans 

who are prescribed a controlled 

substance. Examples include name, 

address, and telephone number. 

(2) Information about the prescribed 

controlled substances. Examples 

include the identification of the 

substance by a national drug code 

number, quantity dispensed, number of 

refills ordered, whether the substances 

were dispensed as a refill of a 

prescription or as a first-time request, 

and date of origin of the prescription. 

(3) Prescriber information. Examples 

include the prescriber’s United States 

Drug Enforcement Administrationissued identification number 

authorizing the individual to prescribe 

controlled substances and United States 

Department of Health and Human 

Services-issued National Provider 

Identifier number. 

(Authority: 5 U.S.C. 552a; 38 U.S.C. 5701, 

7332; 45 CFR 164.512(b)) 

[FR Doc. 2013–03001 Filed 2–8–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0982; FRL–9777–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendments to Maryland’s 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the State 

of Maryland State Implementation Plan 

(SIP). The revisions pertain to adoption 

through incorporation by reference of 

the national ambient air quality 

standards (NAAQS) by the State of 

Maryland. EPA is approving these 

revisions that adopt the NAAQS for 

ozone (O3), sulfur dioxide (SO2), 

nitrogen dioxide (NO2), lead (Pb), 

particulate matter (PM) and carbon 

monoxide (CO) as well as the relevant 

reference and equivalent monitoring 

methods through incorporation by 

reference into the Code of Maryland 

regulations (COMAR) on an ‘‘as 

amended’’ basis which will 

prospectively incorporate all future 

revisions and additions to the NAAQS 

in accordance with the requirements of 

the Clean Air Act (CAA). 

DATES: This rule is effective on April 12, 

2013 without further notice, unless EPA 

receives adverse written comment by 

March 13, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0982 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Mastro.Donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0982, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0982. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by email at Cripps.Christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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9594 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 

I. Background 

On November 15, 2012, the State of 

Maryland submitted a formal revision 

(SIP Revision #12–07) to its SIP. The SIP 

revision consists of the adoption of the 

revisions since 2006 of the following 

NAAQS along with the associated 

definitions, reference conditions, and 

methods of measurement associated 

with these NAAQS: PM, SO2, NO2, Pb 

and O3. 

II. Summary of SIP Revision 

This SIP revision updates Maryland’s 

SIP to incorporate the following 

revisions to the NAAQS which were 

promulgated since 2006: 

(1) The revised NAAQS for PM (71 FR 

61224, Oct. 17, 2006) and the applicable 

definitions, reference conditions, and 

methods of measurement as specified in 

40 CFR parts 50, 53, and 58; 

(2) the NAAQS for Pb (73 FR 67052, 

Nov. 12, 2008) and the applicable 

definitions, reference conditions, and 

methods of measurement as specified in 

40 CFR parts 50, 51, 53 and 58; 

(3) the revised NAAQS for O3 (73 FR 

16511, Mar. 27, 2008) and the 

applicable definitions, reference 

conditions, and methods of 

measurement as specified in 40 CFR 

parts 50 and 58; 

(4) the revised NAAQS for NO2 (75 FR 

6531, Feb. 9, 2010) and the applicable 

definitions, reference conditions, and 

methods of measurement as specified in 

40 CFR parts 50 and 58; and 

(5) the revised NAAQS for SO2 (75 FR 

35592, June 22, 2010) and the 

definitions, reference conditions, and 

methods of measurement as specified in 

40 CFR parts 50, 53 and 58; 

In addition, Maryland’s SIP revision 

submittal seeks to incorporate by 

reference the NAAQS of 40 CFR part 50 

prospectively in order for Maryland’s 

ambient air quality standards to be 

identical at all times to the NAAQS as 

well as the pertinent definitions, 

ambient air monitoring reference and 

equivalent methods in 40 CFR parts 51, 

53 and 58. Therefore, whenever EPA 

promulgates a new or revised NAAQS 

in 40 CFR part 50 or revisions to the 

applicable definitions, ambient air 

monitoring reference and equivalent 

methods in 40 CFR parts 51, 53 and 58, 

the Maryland SIP will automatically 

reflect such additions and revisions 

without further action by the State of 

Maryland or EPA. 

Specifically, this revision includes the 

following changes to Title 26— 

Department of The Environment, 

Subtitle 11—Air Quality, Chapter 04 

Ambient Air Quality Standards 

(COMAR 26.11.04): 

(1) The deletion of Regulation .04 

(COMAR 26.11.04.04) relating to 

ambient air quality standards for PM; 

(2) the deletion of Regulation .05 

(COMAR 26.11.04.05) relating to 

ambient air quality standards for SO2; 

(3) the deletion of Regulation .06 

(COMAR 26.11.04.06) relating to 

ambient air quality standards for CO; 

(4) the deletion of Regulation .07 

(COMAR 26.11.04.07) relating to 

ambient air quality standards for O3; 

(5) the deletion of Regulation .08 

(COMAR 26.11.04.08) relating to 

ambient air quality standards for NO2; 

(6) the deletion of Regulation .09 

(COMAR 26.11.04.09) relating to 

ambient air quality standards for Pb; 

(7) the deletion of Regulation .02 

(COMAR 26.11.04.02) relating to 

definitions, reference conditions, and 

methods of measurement as those 

specified in 40 CFR parts 50, 53, and 58 

of the 2003 edition; 

(8) the deletion of Regulation 02 

(COMAR 26.11.04.02) which stated that 

‘‘Regulations .03–.09 [COMAR 

26.11.04.3–.09] of this chapter contain 

State-adopted National Ambient Air 

Quality Standards’’ which no longer has 

any substantive value because the 

regulations it cites have been repealed; 

and 

(9) the addition of a new Regulation 

.02 (COMAR 26.11.04.02) which 

specifies that the ambient air quality 

standards, definitions, reference 

conditions, and methods of 

measurement are those specified in 40 

CFR parts 50, 51, 53, and 58, ‘‘as 

amended.’’ Maryland uses the phrase 

‘‘as amended’’ in COMAR 26.11.01.02 

so that future versions of these 

regulations are adopted prospectively. 

See Maryland’s ‘‘Incorporation By 

Reference (IBR) Manual,’’ (Revised 7/ 

2009) (available at http:// 

www.dsd.state.md.us/mdregister/ 

IBRManual.pdf). 

EPA finds that Maryland has 

adequately incorporated by reference 

the NAAQS and related definitions, 

reference conditions, and methods of 

measurement as specified in 40 CFR 

parts 50, 51, 53, and 58, and, through 

the use of the phrase ‘‘as amended’’ in 

the COMAR regulatory text, is 

incorporating by reference future 

amendments to the NAAQS and related 

definitions, reference conditions, and 

methods of measurement specified in 40 

CFR parts 50, 51, 53, and 58. 

III. Final Action 

EPA is approving the November 15, 

2012 SIP revision which includes 

amendments to COMAR 26.11.04 into 

the State of Maryland SIP. EPA is 

publishing this rule without prior 

proposal because EPA views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on April 

12, 2013 without further notice unless 

EPA receives adverse comment by 

March 13, 2013. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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); 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Rules and Regulations 9595 

• 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 April 12, 2013. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action to 

approve amendments to COMAR 

26.11.04 Ambient Air Quality Standards 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 25, 2013. 

W. C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry for 

COMAR 26.11.04.02 and by removing 

the existing entries for COMARS 

26.11.04.03 through 26.11.04.09 to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland 

Administrative 

Regulations 

(COMAR) citation 

Title/Subject State effective 

date EPA Approval date 

Additional 

explanation/ 

citation at 40 

CFR 52.1100 

*******

26.11.04 Ambient Air Quality Standards 

26.11.04.02 ............... Ambient Air Quality Standards, Definitions, 

Reference Conditions, and Methods of 

Measurement.

9/17/12 2/11/13 [Insert page number where the 

document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2013–02928 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 


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