31352 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 

General Services Administration’s 

Central Heating and Refrigeration Plant 

and the U.S. Capital Power Plant, are 

subject to federally enforceable 

emissions limits that have already 

resulted in significant emission 

reductions of NOX over the years as 

discussed in detail in EPA’s TSD. Also 

discussed in the TSD, the District has a 

variety of other small non-EGU sources 

where emissions of NOX and/or VOC are 

controlled through the District’s SIPapproved regulations. These provisions 

and regulations include reasonably 

available control technology (RACT) for 

major stationary sources of NOX and 

VOCs, and rules that limit nonpoint 

source VOC emissions. An in-depth 

review of these provisions and 

regulations, in addition to further 

information regarding the specific 

sources found in the District and their 

emissions are discussed in the TSD for 

this notice, located in 

www.regulations.gov, docket ID number 

EPA–R03–OAR–2014–0701. In the TSD, 

EPA also analyzed the feasibility of 

additional control options for District 

sources and determined that the 

District’s relatively small to medium 

size point sources are already well 

controlled under the District’s SIP and 

that there may be limited NOX reduction 

cost-effectiveness in controlling these 

sources further in regards to interstate 

transport for the 2008 ozone NAAQS. 

Due to the District’s small number of 

sources and the high cost of further 

reductions as discussed in the TSD, EPA 

is proposing to determine that the 

District’s SIP, as presently approved, 

contains adequate measures to prevent 

District sources from interfering with 

maintenance in another state for the 

2008 ozone NAAQS. 

IV. Proposed Action 

EPA is proposing to approve the 

remaining portion of the June 13, 2014 

District of Columbia SIP revision that 

addresses prongs 1 and 2 of the 

interstate transport requirements for 

section 110(a)(2)(D)(i)(I) for the 2008 

ozone NAAQS in accordance with 

section 110 of the CAA for the reasons 

discussed in this rulemaking. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

In 2015, EPA approved the following 

infrastructure elements or portions 

thereof from the June 13, 2014 

submittal: CAA section 110(a)(2)(A), (B), 

(C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). 80 FR 19538 (April 13, 

2015). 

V. Statutory and Executive Order 

Reviews 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 proposed rule, 

addressing the District of Columbia’s 

interstate transport obligations for the 

2008 ozone NAAQS, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

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

Dated: June 19, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–14332 Filed 7–3–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0441; FRL–9980– 

34—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Infrastructure Requirements 

for the 2012 Fine Particulate Matter 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) 

submission from Maryland addressing 

the infrastructure requirements of 

section 110 of the Clean Air Act (CAA) 

for the 2012 annual fine particulate 

matter (PM2.5) National Ambient Air 

Quality Standard (NAAQS or standard). 

The infrastructure requirements are 

designed to ensure that the structural 

components of each state’s air quality 

management program are adequate to 

meet the state’s responsibilities under 

the CAA. EPA is proposing to approve 

Maryland’s submittal addressing the 

infrastructure requirements for the 2012 

PM2.5 NAAQS in accordance with the 

requirements of section 110 of the CAA. 

DATES: Written comments must be 

received on or before August 6, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0441 at http://

www.regulations.gov, or via email to 

spielberger.susan@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 


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1 In EPA’s 2012 PM2.5 NAAQS revision, EPA left 

unchanged the existing welfare (secondary) 

standards for PM2.5 to address particulate matter 

(PM) related effects such as visibility impairment, 

ecological effects, damage to materials, and climate 

impacts. This includes a secondary annual standard 

of 15 mg/m3 and a 24-hour standard of 35 mg/m3. 

2 ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements under Clean 

Air Act Sections 110(a)(1) and 110(a)(2),’’ 

Memorandum from Stephen D. Page, September 13, 

2013. 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Sara 

Calcinore, (215) 814–2043, or by email 

at calcinore.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Particle pollution, also referred to as 

particulate matter (PM), is a complex 

mixture of small particles and liquid 

droplets suspended in the air, which 

causes adverse health effects and is the 

leading cause of visibility impairment in 

the United States. Particles with a 

diameter equal to or less than 2.5 

microns referred to as fine particulate 

matter or PM2.5, are either emitted 

directly into the atmosphere or are 

formed from the chemical reactions of 

precursor gases, such as sulfur dioxide 

(SO2), nitrogen oxides (NOX), certain 

volatile organic compounds (VOCs), and 

ammonia, in the atmosphere. SO2 and 

NOX are the primary precursors for the 

formation of PM2.5 and are emitted 

primarily from point sources as well as 

nonpoint, onroad, and nonroad sources. 

On July 18, 1997, EPA promulgated a 

new 24-hour and a new annual NAAQS 

for PM2.5 (62 FR 38652). On October 17, 

2006, EPA revised the NAAQS for 

PM2.5, tightening the 24-hour PM2.5

standard from 65 micrograms per cubic 

meter (mg/m3) to 35 mg/m3, and retaining 

the annual PM2.5 NAAQS at 15 mg/m3

(71 FR 61144). Subsequently, on 

December 14, 2012, EPA revised the 

level of the health based (primary) 

annual PM2.5 NAAQS to 12 mg/m3. See 

78 FR 3086 (January 15, 2013).1

Pursuant to section 110(a)(1), states 

must submit ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ a 

plan that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions and 

the requirements to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. EPA 

commonly refers to such state plans as 

‘‘infrastructure SIPs.’’ 

II. Summary of SIP Revision and EPA 

Analysis 

On August 18, 2016, the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

formally submitted a SIP revision in 

order to satisfy the requirements of 

section 110(a) of the CAA for the 2012 

PM2.5 NAAQS. The SIP submittal 

addressed the following infrastructure 

elements for the 2012 PM2.5 NAAQS: 

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

(D)(i)(I), (D)(i)(II), D(ii), (E), (F), (G), (H), 

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

Maryland’s infrastructure SIP 

submittal did not address the following 

two elements of CAA section 110(a)(2): 

The portion of section 110(a)(2)(C) 

pertaining to permit programs, known 

as nonattainment new source review 

(NNSR), under part D of the CAA and 

section 110(a)(2)(I), referred to as 

‘‘element (I),’’ pertaining to the 

nonattainment requirements of part D, 

title I of the CAA. According to the EPA 

guidance issued on September 13, 2013 

(2013 Infrastructure Guidance),2 the 

NNSR permitting program requirement 

of section 110(a)(2)(C) is to be addressed 

in a different SIP, therefore does not 

need to be addressed in this SIP 

revision. Section 110(a)(2)(I) is not 

required to be submitted by the 3-year 

submission deadline of CAA section 

110(a)(1) and will be addressed in a 

separate process if necessary. 

EPA is proposing to approve 

Maryland’s August 18, 2016 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS. A detailed summary of 

EPA’s review and rationale for 

approving Maryland’s submittal may be 

found in the Technical Support 

Document (TSD) for this rulemaking 

action, which is available online at 

www.regulations.gov, Docket ID Number 

EPA–R03–OAR–2017–0441. 

III. Proposed Action 

EPA’s review of Maryland’s August 

18, 2016 infrastructure SIP submittal for 

the 2012 PM2.5 NAAQS indicates that 

MDE’s August 18, 2016 submittal 

satisfies the infrastructure requirements 

of CAA section 110(a) for the 2012 PM2.5

NAAQS. Therefore, EPA is proposing to 

approve Maryland’s infrastructure SIP 

submittal for the 2012 PM2.5 NAAQS. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

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 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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); 


amozie on DSK3GDR082PROD with PROPOSALS1
31354 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Proposed Rules 

• 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 proposed rule, which 

proposes approval of Maryland’s 

infrastructure SIP submittal for the 2012 

PM2.5 NAAQS, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: June 19, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–14331 Filed 7–3–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 180130101–8101–01] 

RIN 0648–BH57 

Fisheries of the Northeastern United 

States; Northeast Skate Complex; 

Framework Adjustment 5 and 2018– 

2019 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This rulemaking proposes 

regulations to approve and implement 

measures submitted by the New 

England Fishery Management Council 

in Framework Adjustment 5 and 2018– 

2019 Specifications to the Northeast 

Skate Complex Fishery Management 

Plan. This action would implement 

2018–2019 specifications, allow limited 

possession of barndoor skate in the 

skate wing fishery, and exempt vessels 

from some specific domestic skate 

regulations when fishing exclusively 

within the Northwest Atlantic Fisheries 

Organization Regulatory Area. The 

action is necessary to establish skate 

specifications to be consistent with the 

most recent scientific information, and 

improve management of the skate 

fisheries. This proposed action is 

intended to establish appropriate catch 

limits for the skate fishery and to 

provide additional operational 

flexibility to fishery participants. 

DATES: Public comments must be 

received by August 6, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAANMFS-2018-0054, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0054, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Michael Pentony, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930–2276. 

Mark the outside of the envelope: 

‘‘Comments on Skate Framework 

Adjustment 5 and 2018–2019 

Specifications.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

New England Fishery Management 

Council staff prepared an environmental 

assessment (EA) for Northeast Skate 

Complex Framework Adjustment 5 and 

2018–2019 Specifications that describes 

the proposed action and other 

considered alternatives. The EA 

provides an analysis of the biological, 

economic, and social impacts of the 

proposed measures and other 

considered alternatives, a preliminary 

Regulatory Impact Review, and 

economic analysis. Copies of the 

Framework 5 EA are available on 

request from Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Newburyport, MA 01950. This 

document is also available from the 

following internet addresses: http://

www.nefmc.org and 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0054. 

FOR FURTHER INFORMATION CONTACT: 

Debra Lambert, Fishery Policy Analyst, 

(301) 427–8560. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northeast Skate Complex Fishery 

Management Plan (FMP), developed by 

the New England Fishery Management 

Council and implemented in 2003, 

manages a complex of seven skate 

species (barndoor, clearnose, little, 

rosette, smooth, thorny, and winter 

skate) off the New England and midAtlantic coasts. Skates are harvested and 

managed in two different fisheries: One 

for food (the wing fishery) and one for 

lobster bait (the bait fishery). Additional 

information on the skate fisheries can be 

found online at https://

www.greateratlantic.fisheries.noaa.gov/ 

sustainable/species/skate/index.html. 

The regulations implementing the 

Skate FMP at 50 CFR part 648, subpart 

O, outline the management procedures 

and measures for the skate fisheries. 

Specifications including the annual 

catch limit (ACL), annual catch target 

(ACT), total allowable landings (TAL) 

for the skate wing and bait fisheries, and 

possession limits may be specified for 

up to 2 years. The current specifications 

were implemented as part of Framework 

Adjustment 3 to the FMP and the 2016– 

2017 Specifications (81 FR 54744; 

August 17, 2016). The Council is 

required to develop new specification 

recommendations for the 2018 and 2019 

fishing years. Though the 2018 fishing 

year began on May 1, 2018, the existing 


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