34910 Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 

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 August 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 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, Volatile 

organic compounds. 

Dated: May 28, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. Section 52.1885 is amended by 

adding paragraph (ff)(16) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(ff) * * * 

(16) Approval—On January 11, 2013, 

Ohio submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Lima, Ohio area. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2009 

motor vehicle emissions budgets for the 

Lima, Ohio area are 5.39 tpd VOC and 

10.65 tpd NOX. The 2018 motor vehicle 

emissions budgets for the Lima, Ohio 

area are 2.38 tpd VOC and 6.18 tpd 

NOX. 

* * * * * 

[FR Doc. 2013–13734 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0033; FRL–9822–5] 

Approval and Promulgation of 

Implementation Plans; Maryland; 

Revisions to the State Implementation 

Plan Approved by EPA Through Letter 

Notice Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is taking final action on 

administrative changes to the Maryland 

State Implementation Plan (SIP) which 

EPA had previously approved through a 

Letter Notice action. The revision 

removes an obsolete Consent Decree for 

the Allegany County Board of 

Education, Beall Jr./Sr. High School. 

EPA has determined that this action 

falls under the ‘‘good cause’’ exemption 

in the Administrative Procedure Act 

(APA), which authorizes agencies to 

dispense with public participation and 

which allows an agency to make an 

action effective immediately (thereby 

avoiding the 30-day delayed effective 

date otherwise provided for in the 

APA). 

DATES: This action is effective June 11, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0033. 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: 

Harold A. Frankford at (215) 814–2108, 

or by email at 

frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is taking final action on 

administrative changes to the Maryland 

SIP. On November 15, 2012, Maryland 

submitted a SIP revision requesting 

removal of an obsolete Consent Decree 

for the Allegany County Board of 

Education, Beall Jr./Sr. High School 

since the school’s coal-fired boiler was 

demolished in 2007. EPA determined 

that the revision was a minor SIP 

revision without any substantive 

changes and complied with all 

applicable requirements of the CAA and 

EPA regulations concerning such SIP 

revisions. EPA approved this revision 

through Letter Notice to Maryland dated 

February 6, 2013 consistent with the 

procedures outlined in EPA’s Notice of 

Procedural Changes on SIP processing 

published on January 19, 1989 at 54 FR 

2214 and consistent with the procedures 

outlined in an April 6, 2011 memo from 

Janet McCabe, Deputy Assistant 

Administrator for the Office of Air and 

Radiation, regarding Regional 

Consistency for the Administrative 

Requirements of State Implementation. 

Today’s action completes the February 

6, 2013 administrative amendment to 

the SIP by removing the Consent Order 

entry for Beall Jr./Sr. High School from 

the 40 CFR 52.1070(d) table. 

II. EPA Action 

EPA is taking final action on 

administrative changes to the Maryland 

SIP. EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in the section 553(b)(3)(B) of 

the Administrative Procedure Act (APA) 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations 34911 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make an action effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). With respect to the SIP 

revision described above, today’s 

administrative action simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

state programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment for this 

administrative action is ‘‘unnecessary’’ 

because the revisions are administrative 

and non-substantive in nature. 

Immediate notice of this action in the 

Federal Register benefits the public by 

providing the public notice of the 

updated Maryland SIP. Approval of 

these revisions will ensure consistency 

between state and Federally-approved 

rules. EPA has determined that these 

changes will not relax the SIP or 

adversely impact air emissions. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act (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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. 5 U.S.C. 808(2). In taking action 

on this SIP revision, EPA already made 

such a finding. Thus, the SIP revisions 

announced in this notice became 

effective upon EPA’s February 6, 2013 

Letter Notice to Maryland. Today’s 

administrative action simply codifies a 

provision which is already in effect as 

a matter of law in Federal and approved 

state programs. EPA will submit a report 

containing this action and other 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of this action 

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 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. This action to 

remove the obsolete Consent Decree for 

the Allegany County Board of 

Education, Beall Jr./Sr. High School 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, Particulate matter. 

Dated: May 28, 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 

§ 52.1070 [Amended] 

■ 2. In § 52.1070, the table in paragraph 

(d) is amended by removing the entry 

for Beall Jr./Sr. High School. 

[FR Doc. 2013–13718 Filed 6–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0511; FRL–9822–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Low Emission Vehicle 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Maryland on 

December 20, 2007, November 12, 2010, 

and June 22, 2011, as amended March 


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