34644 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0871; FRL–9164–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Transportation Conformity 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revisions establish 

transportation conformity regulations 

for the State of Maryland. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act. 

DATES: This rule is effective on August 

17, 2010 without further notice, unless 

EPA receives adverse written comment 

by July 19, 2010. 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–2008–0871 by one of the 

following methods: 

A. http://www.regulations.gov, Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2008–0871, 

Cristina Fernandez, Associate Director, 

Office of Air Planning Programs, 

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–2008– 

0871. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 e-mail. 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 e-mail 

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: 

Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. What is transportation conformity? 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

Clean Air Act for the following 

transportation related criteria 

pollutants: Ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity for purposes of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

national ambient air quality standards 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93 (‘‘Federal conformity rule’’) 

and provisions related to conformity 

SIPs are found in 40 CFR 51.390. 

II. What is the background for this 

action? 

On August 10, 2005, the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) was signed into 

law. SAFETEA–LU revised certain 

provisions of section 176(c) of the Clean 

Air Act, related to transportation 

conformity. Prior to SAFETEA–LU, 

States were required to address all of the 

Federal conformity rule’s provisions in 

their conformity SIPs. After SAFETEA– 

LU, State’s SIPs were required to 

contain all or portions of only the 

following three sections of the Federal 

conformity rule, modified as 

appropriate to each State’s 

circumstances: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (written commitments to 

implement certain kinds of control 

measures); and 40 CFR 93.125(c) 

(written commitments to implement 

certain kinds of mitigation measures). 

States are no longer required to submit 

conformity SIP revisions that address 

the other sections of the Federal 

conformity rule. 

III. What did the State submit and how 

did we evaluate it? 

On August 4, 1998, the Maryland 

Department of the Environment 

submitted a revision to its State 

Implementation Plan (SIP), Revision 

#98–14, to EPA for parallel processing 

for transportation conformity 

amendments adopted on May 4, 1995 

and proposed for adoption on July 31, 

1998. The SIP revision included 

regulations .01, .02, and .03 under 

COMAR 26.11.26 (Conformity). On 

January 29, 2003, the Maryland 

Department of the Environment 

submitted a revision to its SIP, Revision 

#03–02, for transportation conformity 

amendments that were adopted on July 

12, 1999. The 2003 SIP revision 

included amendments to Regulations 

26.11.26.02 and .03, new Regulations 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34645 

.04 through .08, and recodification of 

Regulation .04 to Regulation .09 

(excluding Regulation .06). On February 

5, 2007, the Maryland Department of the 

Environment submitted a revision to its 

SIP, Revision #06–07, for transportation 

conformity purposes. The SIP revision 

included amendments to Regulation 

26.11.26.01 through .05 and .07 through 

.09. This SIP revision addresses the 

three provisions of the EPA Conformity 

Rule required under SAFETEA–LU: 40 

CFR 93.105 (consultation procedures); 

40 CFR 93.122(a)(4)(ii) (control 

measures); and 40 CFR 93.125(c) 

(mitigation measures). On July 8, 2008, 

the Maryland Department of the 

Environment supplemented its SIP with 

Revision #06–07. The SIP submission 

corrected minor citation errors, removed 

COMAR 26.11.26.05E(4), and corrected 

a citation in COMAR 26.11.26.01 which 

was mislabeled as section 176(c) of the 

Clean Air Act and should have read 

section 176(c)(4)(E) of the Clean Air Act. 

We reviewed the submittals to assure 

consistency with the February 14, 2006, 

‘‘Interim Guidance for Implementing the 

Transportation Conformity provisions in 

SAFETEA–LU.’’ The guidance document 

can be found at http://epa.gov/otaq/ 

stateresources/transconf/policy.htm. 

The guidance document states that each 

State is only required to address and 

tailor the aforementioned three sections 

of the Federal Conformity Rule to be 

included in their State conformity SIPs. 

EPA’s review of Maryland’s SIP 

Revision indicates that it is consistent 

with EPA’s guidance in that it includes 

the three aforementioned regulatory 

elements specified by SAFETEA–LU. 

Consistent with the EPA Conformity 

Rule at 40 CFR 93.105 (consultation 

procedures), COMAR 26.11.26.02, 

COMAR 26.11.26.04, and COMAR 

26.11.26.05 identify the appropriate 

agencies, procedures, and allocation of 

responsibilities. In addition, COMAR 

26.11.26.07 provides for appropriate 

public consultation/public involvement 

consistent with 40 CFR 93.105. With 

respect to the requirements of 40 CFR 

93.122(a)(4)(ii) and 40 CFR 93.125(c), 

the SIP specifies that written 

commitments to implement control 

measures and mitigation measures for 

meeting these requirements will be 

provided as needed. 

IV. Final Action 

EPA is approving the Maryland SIP 

revisions for Transportation Conformity, 

which were submitted on August 4, 

1998, January 29, 2003, February 5, 

2007, and supplemented on July 8, 

2008. EPA is publishing this rule 

without prior proposal because the 

Agency 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 August 17, 2010 without 

further notice unless EPA receives 

adverse comment by July 19, 2010. 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. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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); 

• 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 Clean Air Act; 

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 August 17, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this final rule 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 


srobinson on DSKHWCL6B1PROD with RULES
34646 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 

of such rule or action. This action to 

approve the Maryland transportation 

conformity regulation 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 7, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 removing the existing 

entries for COMAR 26.11.26.01 and 

26.11.26.03, and adding new entries for 

COMAR 26.11.26.01, 26.11.26.02, 

26.11.26.03, 26.11.26.04, 26.11.26.05, 

26.11.26.07, 26.11.26.08, and 

26.11.26.09. The amendments read as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA–APPROVED REGULATIONS 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 

*******

26.11.26 Conformity 

26.11.26.01 ............................... Purpose ................................... 1/29/07 June 18, 2010 .........................

[Insert page number where the 

document begins].

New Regulation. 

26.11.26.02 ............................... Definitions ............................... 8/9/99 

1/29/07 

June 18, 2010 [Insert page 

number where the document 

begins].

Definitions added for transportation conformity; definitions 

for general conformity were 

approved at (c)(136). 

26.11.26.03 ............................... Transportation Conformity ....... 6/5/95 

1/29/07 

June 18, 2010 [Insert page 

number where the document 

begins].

New Regulation; current 

COMAR citation is current 

COMAR citation is 

26.11.26.04. 

26.11.26.04 ............................... Transportation Conformity— 

Consultation in General.

8/9/99 

1/29/07 

June 18, 2010 [Insert page 

number where the document 

begins].

New Regulation; current 

COMAR citation is 

26.11.26.05. 

26.11.26.05 ............................... Transportation Conformity— 

Interagency Consultation 

Requirements.

8/9/99 

1/29/07 

6/30/08 

June 18, 2010 [Insert page 

number where the document 

begins].

New Regulation; current 

COMAR citation is 

26.11.26.06. 

26.11.26.07 ............................... Transportation Conformity— 

Public Consultation Procedures.

8/9/99 

1/29/07 

June 18, 2010 .........................

[Insert page number where the 

document begins].

New Regulation; current 

COMAR citation is 

26.11.26.08. 

26.11.26.08 ............................... Transportation Conformity— 

Interagency Consultation.

8/9/99 

1/29/07 

June 18, 2010 .........................

[Insert page number where the 

document begins].

New Regulation; current 

COMAR citation is 

26.11.26.09. 

26.11.26.09 ............................... General Conformity ................. 1/29/07 June 18, 2010 .........................

[Insert page number where the 

document begins].

Formerly SIP regulation 

26.11.26.03. 

*******


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34647 

* * * * * 

[FR Doc. 2010–14766 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R01–OAR–2010–0207; A–1–FRL– 

9163–2] 

Approval of the Clean Air Act, Section 

112(l), Authority for Hazardous Air 

Pollutants: Air Emission Standards for 

Halogenated Solvent Cleaning 

Machines: State of Rhode Island 

Department of Environmental 

Management 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to section 112(l) of 

the Clean Air Act (‘‘CAA’’) and Federal 

regulations promulgated thereunder, the 

Rhode Island Department of 

Environmental Management (‘‘RI DEM’’) 

submitted a request for approval to 

implement and enforce Air Pollution 

Control Regulation Number 36, Control 

of Emissions from Organic Solvent 

Cleaning (‘‘RI Regulation No. 36’’), and 

the Rhode Island Air Pollution Control, 

General Definitions Regulation (‘‘RI 

General Definitions Rule’’), as a partial 

substitution for the National Emissions 

Standards for Halogenated Solvent 

Cleaning (‘‘Halogenated Solvent 

NESHAP’’), as it applies to organic 

solvent cleaning machines in Rhode 

Island, except continuous web cleaning 

machines, with respect to which the 

Halogenated Solvent NESHAP shall 

continue to apply. EPA has reviewed 

this request and has determined that RI 

Regulation No. 36 and the RI General 

Definitions Rule satisfy the 

requirements necessary for partial 

substitution approval. Thus, EPA is 

hereby granting RI DEM the authority to 

implement and enforce RI Regulation 

No. 36 and the RI General Definitions 

Rule in place of the Halogenated 

Solvent NESHAP for organic solvent 

cleaning machines, but EPA is retaining 

its authority with respect to continuous 

web cleaning machines in Rhode Island. 

This approval makes RI Regulation No. 

36 and the RI General Definitions Rule 

Federally enforceable. 

DATES: This direct final rule will be 

effective August 17, 2010, unless EPA 

receives adverse comments by July 19, 

2010. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of August 17, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0207 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘EPA–R01–OAR–2010–0207’’, 

Ida McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Air Permits, Toxics and 

Indoor Programs Unit, Five Post Office 

Square, Suite 100 (mail code OEP05–2), 

Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (OEP05–2), 

Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0207. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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. EPA will forward copies of all 

submitted comments to the Rhode 

Island Department of Environmental 

Management. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100, Boston, MA. 

EPA requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the State 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the Rhode 

Island Department of Environmental 

Management, 291 Promenade Street, 

Providence, RI, 02908. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lancey, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1656, fax number 

(617) 918–0656, e-mail 

lancey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. What requirements must a state rule meet 

to substitute for a section 112 rule? 

III. How will EPA determine equivalency for 

State alternative NESHAP requirements? 

IV. EPA Determination of Rule Equivalency 


srobinson on DSKHWCL6B1PROD with RULES