Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42997 

tight-fitting face-piece (either half-face 

or full-face) and HEPA filters; or 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

face-piece (either half-face or full-face). 

(1) As an alternative to the respiratory 

requirements listed in paragraph 

(a)(2)(i), a manufacturer, importer, or 

processor may choose to follow the new 

chemical exposure limit (NCEL) 

provisions listed in the TSCA section 

5(e) consent order for this substance. 

The NCEL is 2.4 mg/m3 as an 8-hour 

time-weighted-average for this 

substance (PMN P–06–37; CAS No. 

389623–07–8) and the substance 

referred to in 40 CFR 721.10230 (PMN 

P–06–36; CAS No. 389623–01–2) 

combined. Persons who wish to pursue 

NCELs as an alternative to the § 721.63 

respirator requirements may request to 

do so under § 721.30. Persons whose 

§ 721.30 requests to use the NCELs 

approach are approved by EPA will 

receive NCELs provisions comparable to 

those contained in the corresponding 

section 5(e) consent order. 

(2) [Reserved] 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 1.0 percent), (f), 

(g)(1)(ii), (g)(2)(ii), (g)(2)(iv) (use 

respiratory protection or maintain 

workplace airborne concentrations at or 

below an 8-hour time-weighted average 

of 2.4 mg/m3), and (g)(5). 

(iii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(k) (manufacture of 

the substance with a particle size less 

than 100 nanometers, where d10 

particle size presents the particle size, 

as determined by laser light scattering, 

at which 10 percent by weight of the 

substance measured is smaller). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (f), (g), (h), and 

(i) are applicable to manufacturers, 

importers, and processors of this 

substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2012–17895 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0353; FRL–9699–5] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve in part, and conditionally 

approve in part, the State 

Implementation Plan (SIP) submission, 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

to demonstrate that the State meets the 

requirements of sections 110(a)(1) and 

(2) of the Clean Air Act (CAA or Act) for 

the 1997 8-hour ozone national ambient 

air quality standards (NAAQS). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. TDEC certified that 

the Tennessee SIP contains provisions 

that ensure the 1997 8-hour ozone 

NAAQS are implemented, enforced, and 

maintained in Tennessee (hereafter 

referred to as ‘‘infrastructure 

submission’’). With the exception of 

sub-element 110(a)(2)(E)(ii), which 

pertains to the requirements of section 

128(a)(1) of the CAA, Tennessee’s 

infrastructure submission, provided to 

EPA on December 14, 2007, addresses 

all the required infrastructure elements 

for the 1997 8-hour ozone NAAQS. 

DATES: Effective Date: This rule will be 

effective August 22, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2011–0353. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

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42998 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or (C). In a 

March 14, 2012, final rulemaking, EPA addressed 

the section 110(a)(2)(C) requirements for Tennessee. 

See 77 FR 14976. 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- 

hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by 

Tennessee consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the D.C. Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (D.C. Cir. 2008). Prior to this 

remand, EPA took final action to approve 

Tennessee’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 46388 (August 20, 

2007). In so doing, Tennessee’s CAIR SIP revision 

addressed the interstate transport provisions in 

section 110(a)(2)(D)(i) for the 1997 8-hour ozone 

NAAQS. In response to the remand of CAIR, EPA 

has promulgated a new rule to address interstate 

transport. See 76 FR 48208 (August 8, 2011) (‘‘the 

Transport Rule’’). That rule was recently stayed by 

the D.C. Circuit Court of Appeals. EPA’s action on 

element 110(a)(2)(D)(i) will be addressed in a 

separate action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s proposed rulemaking. 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations, thus states were 

required to provide submissions to 

address sections 110(a)(1) and (2) of the 

CAA for this new NAAQS. Tennessee 

provided its infrastructure submission 

for the 1997 8-hour ozone NAAQS on 

December 14, 2007. On March 27, 2008, 

Tennessee was among other states that 

received a finding of failure to submit 

because its infrastructure submission 

was deemed incomplete for elements 

110(a)(2)(C) and (J) for the 1997 8-hour 

ozone NAAQS by March 1, 2008. See 73 

FR 16205. Infrastructure elements 

110(a)(2)(C) and (J) relate to a SIP 

addressing changes to its part C 

prevention of significant deterioration 

(PSD) permit program as required by the 

1997 8-Hour Ozone NAAQS 

Implementation Rule New Source 

Review (NSR) Update—Phase 2 Rule 

(hereafter referred to as the Ozone 

Implementation NSR Update) 

recognizing nitrogen oxides as a 

precursor for ozone in 40 CFR 51.166 

and 40 CFR 52.21, among other 

requirements. See 70 FR 71612, 

(November 29, 2005). Tennessee has 

since met the completeness 

requirements for 110(a)(2)(C) and (J) and 

these infrastructure elements were 

federally approved on March 14, 2012. 

See 77 FR 14976. 

On April 16, 2012, EPA proposed to 

approve Tennessee’s December 14, 

2007, infrastructure submission and 

proposed to approve in part, and 

conditionally approve in part, 

infrastructure sub-element 

110(a)(2)(E)(ii) for the 1997 8-hour 

ozone NAAQS. See 77 FR 22533. CAA 

section 110(a)(2)(E)(ii), pertaining to 

section 128 State Board requirements, 

requires at subsection (a)(1) that each 

SIP shall contain requirements that any 

board or body which approves permits 

or enforcement orders be subject to the 

described public interest and income 

restrictions. It further requires at 

subsection (a)(2) that any board or body, 

or the head of an executive agency with 

similar power to approve permits or 

enforcement orders under the CAA, 

shall also be subject to conflict of 

interest disclosure requirements. In this 

action, EPA is taking two actions 

regarding the section 110(a)(2)(E)(ii) 

requirements. First, EPA is finalizing its 

conditional approval for part of 

Tennessee’s infrastructure SIP for 

element 110(a)(2)(E)(ii) with respect to 

the applicable section 128(a)(1) 

requirements. Second, EPA is approving 

the remaining part Tennessee’s 

infrastructure SIP for element 

110(a)(2)(E)(ii) with respect the 

applicable section 128(a)(2) 

requirements. 

On March 28, 2012, Tennessee 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to 128(a)(1) to address 

current deficiencies in the Tennessee 

SIP as outlined in EPA’s April 16, 2012, 

proposed rulemaking. This letter of 

commitment meets the requirements of 

section 110(k)(4) of the CAA. Failure to 

adopt these provisions into the 

Tennessee SIP within one year (by July 

23, 2013) will result in today’s 

conditional approval becoming a 

disapproval. Tennessee’s March 28, 

2012, letter can be accessed at 

www.regulations.gov using Docket ID 

No. EPA–R04–OAR–2011–0353. A 

summary of the background for today’s 

final action is provided below. See 

EPA’s April 16, 2012, proposed 

rulemaking at 77 FR 22533 for more 

detail. 

II. This Action 

EPA is taking final action to approve 

Tennessee’s infrastructure submission 

as demonstrating that the State meets 

the applicable requirements of sections 

110(a)(1) and (2) of the CAA for the 

1997 8-hour ozone NAAQS, with the 

exception of one portion of CAA section 

110(a)(2)(E)(ii) specifically pertaining to 

section 128(a)(1) requirements. EPA is 

taking final action to conditionally 

approve, sub-element 110(a)(2)(E)(ii) as 

it pertains to section 128(a)(1). Section 

110(a) of the CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Tennessee, 

through TDEC, certified that the 

Tennessee SIP contains provisions that 

ensure the 1997 8-hour ozone NAAQS 

is implemented, enforced, and 

maintained in Tennessee. EPA received 

no adverse comments on its April 16, 

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Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 42999 

2012, proposed approval of Tennessee’s 

December 14, 2007, infrastructure 

submission and proposed conditional 

approval of one portion of section 

110(a)(2)(E)(ii). 

Tennessee’s infrastructure 

submission, provided to EPA on 

December 14, 2007, addresses all the 

required infrastructure elements for the 

1997 8-hour ozone NAAQS, with the 

exception of CAA section 

110(a)(2)(E)(ii), pertaining to section 

128(a)(1) requirements. EPA has 

determined that Tennessee’s December 

14, 2007, submission is consistent with 

section 110 of the CAA, with the 

exception of the CAA section 128(a)(1) 

requirements of section 110(a)(2)(E)(ii). 

On March 28, 2012, Tennessee 

submitted a letter of commitment to 

EPA to adopt specific enforceable 

measures related to CAA section 

128(a)(1) to address the current 

deficiencies in the Tennessee SIP 

related to CAA section 110(a)(2)(E)(ii) as 

outlined in EPA’s April 16, 2012, 

proposed rulemaking. As a result of 

Tennessee’s March 28, 2012, 

submission, EPA has determined that 

conditional approval, specifically 

pertaining to the requirements of 

128(a)(1), is appropriate because the 

State has explicitly committed to 

address current deficiencies in the 

Tennessee SIP related to sub-element 

110(a)(2)(E)(ii) consistent with the 

requirements of CAA section 110(k)(4). 

EPA is conditionally approving the 

March 28, 2012, submittal with respect 

to the CAA requirement of sub-element 

110(a)(2)(E)(ii) and section 128(a)(1). 

Tennessee must submit to EPA by July 

23, 2013, a SIP revision adopting 

specific enforceable measures related to 

CAA section 128(a)(1) as described in 

the State’s letter of commitment 

described above. If the State fails to 

actually submit these revisions by July 

23, 2013, today’s conditional approval 

will automatically become a disapproval 

on that date and EPA will issue a 

finding of disapproval. EPA is not 

required to propose the finding of 

disapproval. If the conditional approval 

is converted to a disapproval, the final 

disapproval triggers the Federal 

Implementation Plan requirement under 

section 110(c). However, if the State 

meets its commitment within the 

applicable timeframe, the conditionally 

approved submission will remain a part 

of the SIP until EPA takes final action 

approving or disapproving the new 

submittal. If EPA disapproves the new 

submittal, today’s conditionally 

approved submittal will also be 

disapproved at that time. If EPA 

approves the new submittal, 

Tennessee’s infrastructure SIP will be 

fully approved in its entirety and 

replace the conditionally approved 

element in the SIP. 

III. Final Action 

EPA is taking final action to approve 

Tennessee’s December 14, 2007, 

submission for the 1997 8-hour ozone 

NAAQS and conditionally approve in 

part, Tennessee’s March 28, 2012, 

submission because these submissions 

are consistent with section 110 of the 

CAA. With the exception of section 

110(a)(2)(E)(ii) pertaining to the section 

128(a)(1) requirements, TDEC has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Tennessee. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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); 

• 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. 

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). 

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 21, 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 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. 

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43000 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Rules and Regulations 

Dated: June 25, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

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 RR—Tennessee 

■ 2. Section 52.2219 is added to read as 

follows: 

§ 52.2219 Conditional approval. 

Conditional Approval—Submittal 

from the State of Tennessee, through the 

Department of Environment and 

Conservation (TDEC), dated December 

14, 2007, to address the Clean Air Act 

(CAA) infrastructure requirements for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards. On 

March 28, 2012, TDEC supplemented 

their December 14, 2007, submission 

with a commitment to address the 

deficient requirements of CAA section 

110(a)(2)(E)(ii) of the CAA, which 

requires state compliance with section 

128(a)(1) of the CAA. EPA is 

conditionally approving Tennessee’s 

submittal with respect to CAA section 

110(a)(2)(E)(ii) specifically related to the 

adoption of enforceable measures 

contained in CAA section 128(a)(1). 

■ 3. Section 52.2220(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State effective 

date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient Air Quality 

Standards.

Tennessee ........................ 12/14/2007 7/23/2012 [Insert citation 

of publication].

[FR Doc. 2012–17644 Filed 7–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0042; FRL–9702–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Offset Lithographic Printing 

and Letterpress Printing Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. The 

revision pertains to amendments to the 

Code of Maryland (COMAR) 

26.11.19.11, Lithographic and 

Letterpress Printing. EPA is approving 

the revision to meet the requirements to 

adopt Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) for offset lithographic 

printing and letterpress printing in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

August 22, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0042. 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: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 14, 2012 (77 FR 28336), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of amendments to COMAR 26.11.19.11, 

Lithographic and Letterpress Printing. 

The amendments adopt EPA’s CTG for 

lithographic and letterpress printing. 

The formal SIP revision (#11–09) was 

submitted by the Maryland Department 

of the Environment (MDE) on December 

15, 2011. Additional background 

information behind this SIP revision is 

discussed in detail in the NPR. 

II. Summary of SIP Revision 

This SIP revision consists of 

amendments to COMAR 26.11.19.11 to 

adopt a new CTG for offset lithographic 

printers and letterpress printers, entitled 

Control Techniques Guidelines for 

Offset Lithographic Printing and 

Letterpress Printing (see EPA 453/R–06– 

002). A detailed summary of EPA’s 

review of and rationale for approving 

this SIP revision may be found in the 

TSD for this action which is available in 

the docket. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving the Maryland SIP 

revision which adopts the CTG 

standards for offset lithographic printing 

and letterpress printing into the Code of 

Maryland. 

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 

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