+(,121/,1(

Citation: 77 Fed. Reg. 42997 2012 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Fri Oct 10 19:25:09 2014

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

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

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/m 3 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 dl0

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 Doe. 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-OAR2011-0353. 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

I. This Action

II. 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

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

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 I 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 PM 2.

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.

'Two 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.

2 This rulemaking only addresses requirements

for this element as they relate to attainment areas.

3 Today'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.

* 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

4 This 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 PM 2.

5 National Ambient Air Quality

Standards," but as mentioned above is not relevant

to today's proposed rulemaking.

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,

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

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.

42999
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]

m 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 State effective EPA approval date Explanation nonattainment area date

110(a)(1) and (2) Infrastructure Requirements for the Tennessee ........................ 12/14/2007 7/23/2012 [Insert citation

1997 8-Hour Ozone National Ambient Air Quality of publication].

Standards.

[FR Doe. 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

43000