72624 Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0476; FRL–9495–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Maryland; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) submittals 

from the State of Maryland pursuant to 

the Clean Air Act (CAA). Whenever new 

or revised national ambient air quality 

standards (NAAQS) are promulgated, 

the CAA requires states to submit a plan 

for the implementation, maintenance, 

and enforcement of such NAAQS. The 

plan is required to address basic 

program elements, including, but not 

limited to regulatory structure, 

monitoring, modeling, legal authority, 

and adequate resources necessary to 

assure attainment and maintenance of 

the standards. These elements are 

referred to as infrastructure 

requirements. Maryland has made 

submittals addressing the infrastructure 

requirements for the 1997 8-hour ozone 

and fine particulate matter (PM2.5) 

NAAQS and the 2006 PM2.5 NAAQS. 

This action approves portions of those 

submittals. 

DATES: Effective Date: This final rule is 

effective on December 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0476. All 

documents in the docket are listed in 

the http://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 

http://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, Baltimore, Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On September 12, 2011 (76 FR 56130), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of Maryland submittals that provide the 

infrastructure elements specified in 

CAA section 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. The formal 

submittals by the State of Maryland 

dated July 27, 2007 and November 30, 

2007 addressed the section 110(a)(2) 

requirements for the 1997 8-hour ozone 

NAAQS; the submittals dated April 3, 

2008 and April 16, 2010 addressed the 

section 110(a)(2) requirements for the 

1997 p.m.2.5 NAAQS; and the submittals 

dated April 16, 2010 and July 21, 2010 

addressed the section 110(a)(2) 

requirements for the 2006 PM2.5

NAAQS. 

II. Summary of SIP Revision 

The submittals referenced in the 

Background section of this rulemaking 

action address the infrastructure 

elements specified in CAA section 

110(a)(2). These submittals provide for 

implementation, maintenance, and 

enforcement of the 1997 8-hour ozone 

NAAQS, the 1997 PM2.5 NAAQS, and 

the 2006 PM2.5 NAAQS. The rationale 

supporting EPA’s proposed action, 

including the scope of infrastructure 

SIPs in general, is explained in the NPR 

and the technical support document 

(TSD) and will not be restated here. The 

TSD is available online at http:// 

www.regulations.gov, Docket ID number 

EPA–R03–OAR–2010–0476. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the State of 

Maryland submittals that provide the 

infrastructure elements specified in 

CAA sections 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof, necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. 

This final rule is limited to the 

infrastructure elements which were 

subject to EPA’s completeness findings 

pursuant to CAA section 110(k)(1) for 

the 1997 8-hour ozone NAAQS dated 

March 27, 2008 (73 FR 16205) and the 

1997 PM2.5 NAAQS dated October 22, 

2008 (73 FR 62902). These findings 

pertained only to whether the 

submissions were complete, pursuant to 

section 110(k)(1)(A), and did not 

constitute EPA approval or disapproval 

of such submissions. With respect to 

this permit program, on November 29, 

2005 (70 FR 71612), EPA promulgated a 

change that made nitrogen oxides (NOX) 

a precursor for ozone in the part C 

regulations at 40 CFR 51.166 and 40 

CFR 52.21. In the March 27, 2008 

completeness findings, EPA determined 

that Maryland failed to submit a SIP 

revision to its part C Prevention of 

Significant Deterioration (PSD) permit 

program to fully incorporate NOX as a 

precursor for ozone. EPA will take 

separate action on the portions of 

section 110(a)(2)(C) and (J) for the 1997 

8-hour ozone and PM2.5 NAAQS and the 

2006 PM2.5 NAAQS as they relate to 

Maryland’s part C PSD permit program. 

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 CAA 

section 172. This action does not cover 

these specific elements. This action also 

does not address the requirements of 

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

hour ozone and PM2.5 NAAQS and the 

2006 PM2.5 NAAQS. The 

110(a)(2)(D)(i)(I) requirements have been 

addressed by separate findings issued 

by EPA (70 FR 21147, April 25, 2005 

and 75 FR 32673, June 9, 2010), and a 

Federal implementation plan (FIP) (75 

FR 45210, August 2, 2010). The 

110(a)(2)(D)(i)(II) portion of these 

requirements are addressed through 

110(a)(2) SIP submittals that EPA will 

take separate action on. 

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 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations 72625 

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 the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 24, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action, pertaining to Maryland’s 

section 110(a)(2) infrastructure SIP 

submittals for the 1997 8-hour ozone 

and PM2.5 NAAQS, and the 2006 p.m.2.5

NAAQS, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 14, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding entries at the 

end of the table for Section 110(a)(2) 

Infrastructure Requirements for the 1997 

8-Hour Ozone NAAQS, Section 

110(a)(2) Infrastructure Requirements 

for the 1997 p.m.2.5 NAAQS, and 

Section 110(a)(2) Infrastructure 

Requirements for the 2006 p.m.2.5

NAAQS. The amendments read as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure 

Requirements for the 1997 

8-Hour Ozone NAAQS.

Statewide ................................ 7/27/07, 11/ 

30/07 

11/25/11, [Insert page number 

where the document begins].

This action addresses the following CAA elements or 

portions thereof: 

110(a)(2)(A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), 

(L), and (M). 

Section 110(a)(2) Infrastructure 

Requirements for the, 1997 

PM2.5 NAAQS.

Statewide ................................ 4/3/08, 

4/16/10 

11/25/11, [Insert page number 

where the document begins].

This action addresses the following CAA elements or 

portions thereof: 

110(a)(2)(A),, (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). 

Section 110(a)(2) Infrastructure 

Requirements for the 2006 

PM2.5 NAAQS.

Statewide ................................ 4/16/10, 

7/21/10 

11/25/11, [Insert page number 

where the document begins].

This action addresses the following CAA elements or 

portions thereof: 

110(a)(2)(A), (B), (C), (D)(ii), 

(E), (F), (G), (H), (J), (K), 

(L), and (M). 


wreier-aviles on DSK7SPTVN1PROD with RULES
72626 Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Rules and Regulations 

[FR Doc. 2011–30299 Filed 11–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0603; FRL–9493–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to the Control 

of Volatile Organic Compound 

Emissions From Offset Lithographic 

Printing and Letterpress Printing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. The 

SIP revision amends the control of 

volatile organic compound (VOC) 

emissions from offset lithographic 

printing and letterpress printing. EPA is 

approving this SIP revision to meet the 

requirements of a reasonably available 

control technology (RACT) rule for the 

offset lithographic printing and 

letterpress printing control technique 

guideline (CTG) category in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Effective Date: This final rule is 

effective on December 27, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0603. All 

documents in the docket are listed in 

the http://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 

http://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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 23, 2011 (76 FR 59089), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of a regulation that amends the control 

of VOC emissions from offset 

lithographic printing and letterpress 

printing (7 DE Admin Code 1124, 

Section 47.0). The purpose of this SIP 

revision is to conform to the new CTG 

issued by EPA in September 2006 (EPA– 

453/R–06–002) for the offset 

lithographic printing industry by adding 

control requirements for letterpress 

printing operations. The formal SIP 

revision that reflects the new 

requirements was submitted by the 

Delaware Department of Natural 

Resources and Environmental Control 

(DNREC) on May 25, 2011. 

II. Summary of SIP Revision 

DNREC’s SIP revision to Section 47.0 

expands the control of VOC emissions 

to include letterpress printing presses 

and sets up a new and more stringent 95 

percent reduction standard for those 

control systems installed after April 11, 

2011 (effective date of the SIP revision). 

Amendments to Section 47.0 also 

include specifying a one-year transition 

period for facilities to comply with the 

new requirements and providing 

flexibility for facilities to locate 

unspecified temperature monitoring 

devices for control systems. Other 

specific requirements of Section 47.0 

and the rationale for EPA’s proposed 

action are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the control of VOC 

emissions from offset lithographic 

printing and letterpress printing (7 DE 

Admin Code 1124, Section 47.0) as a 

revision to the Delaware SIP. This SIP 

revision meets the requirements of a 

RACT rule for the offset lithographic 

printing and letterpress printing CTG 

category. 

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 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175(65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 


wreier-aviles on DSK7SPTVN1PROD with RULES