41278 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

Section 127.204 Emissions subject to this 

Subchapter.

9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

Section 127.206 ERC general requirements.9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

Section 127.210 Offset ratios ..................... 9/3/11 7/13/12 [Insert page number where the document begins].Revised. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–16943 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0208; FRL–9697–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonably Available 

Control Technology for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to the 

requirements for meeting reasonably 

available control technology (RACT) for 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOCs) for the 1997 

8-hour ozone national ambient air 

quality standard (NAAQS). These 

requirements are based on: A 

certification that previously adopted 

RACT controls in Maryland’s SIP, 

which were approved by EPA under the 

1-hour ozone NAAQS, are based on the 

currently available technically and 

economically feasible controls and 

continue to represent RACT for the 1997 

8-hour ozone NAAQS implementation 

purposes; a negative declaration 

demonstrating that no facilities exist in 

Maryland for the applicable control 

technique guideline (CTG) categories; 

and adoption of new or more stringent 

RACT determinations. This action is 

being taken in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

August 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0208. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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: 

Jacqueline Lewis, (215) 814–2037, or by 

email at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On May 14, 2012 (77 FR 28338), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The formal SIP revision 

(MDE SIP Number 11–08) was 

submitted by the Maryland Department 

of the Environment on October 17, 2011. 

EPA proposed to approve the Maryland 

SIP revision for the requirements of 

RACT for NOX and VOCs set forth in the 

CAA with respect to the 1997 8-hour 

ozone standard. 

II. Summary of SIP Revision 

Maryland’s SIP revision contains the 

requirements of RACT set forth in the 

CAA under the 1997 8-hour ozone 

NAAQS. Maryland’s SIP revision 

satisfies the 1997 8-hour ozone standard 

RACT requirements through (1) 

certification that previously adopted 

RACT controls in Maryland’s SIP that 

were approved by EPA under the 1-hour 

ozone NAAQS are based on the 

currently available technically and 

economically feasible controls and 

continue to represent RACT for the 

8-hour implementation purpose; (2) a 

negative declaration demonstrating that 

no facilities exist in Maryland for the 

applicable CTG categories; and (3) 

adoption of new or more stringent 

RACT determinations. Other specific 

requirements of the CAA and EPA’s 

review and rationale for our proposed 

action are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving a revision to the 

Maryland SIP submitted by the State of 

Maryland, through the Maryland 

Department of the Environment, on 

October 17, 2011 that addresses the 

1997 8-hour ozone NAAQS. EPA has 

determined that Maryland has met the 

requirements of RACT for NOX and 

VOCs set forth in the CAA with respect 

to the 1997 8-hour ozone standard. 

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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations 41279 

the CAA. Accordingly, this action 

merely proposes to approve 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); 

• 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 11, 2012. 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, pertaining to Maryland’s 

RACT provisions for NOX and VOCs 

with respect to the 1997 8-hour ozone 

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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 27, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

Therefore, 40 CFR part 52 is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding the entry for 

‘‘RACT under the 1997 8-hour ozone 

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

RACT under the 1997 8-hour ozone 

NAAQS.

Statewide ........................................ 10/17/11 7/13/12 [Insert page number where 

the document begins].

[FR Doc. 2012–16949 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0002; FRL–9695–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the limited 

approval of the Regional Haze State 

Implementation Plan (SIP) (hereafter RH 

SIP) revision submitted by the 

Commonwealth of Pennsylvania 

(Pennsylvania). EPA is taking this action 

because Pennsylvania’s SIP revision, as 

a whole, strengthens the Pennsylvania 

SIP. This action is being taken in 

accordance with the requirements of the 

Clean Air Act (CAA) and EPA’s rules for 

states to prevent and remedy future and 

existing anthropogenic impairment of 

visibility in mandatory Class I areas 


tkelley on DSK3SPTVN1PROD with RULES