32796 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations 

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 September 14, 2018. 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, addressing Virginia’s 

interstate transport for the 2012 PM2.5

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, Particulate matter. 

Dated: July 2, 2018. 

Cosmo Servidio, 

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 VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(e)(1) is amended by adding a second 

entry for Section 110(a)(2) Infrastructure 

Requirements for the 2012 Particulate 

Matter NAAQS after the first entry to 

read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e)* * * 

(1)* * * 

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 2012 

Particulate Matter NAAQS.

Statewide .......... 05/16/17 7/16/2018, [Insert Federal 

Register citation].

Docket 2017–0337. This action addresses the 

infrastructure element of CAA section 

110(a)(2)(D)(i)(I). 

* * * * * * * 

* * * * * 

[FR Doc. 2018–15049 Filed 7–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0637; FRL–9980– 

70—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; MD; 

Emissions Statement Requirement for 

the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Maryland. 

This SIP revision fulfills Maryland’s 

emissions statement requirement for the 

2008 ozone national ambient air quality 

standard (NAAQS). EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

August 15, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0637. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Erin 

Trouba, (215) 814–2023, or by email at 

trouba.erin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 20, 2018 (83 FR 7124), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of Maryland’s certification that 

Maryland’s emissions statement 

regulation meets the emissions 

statement requirement of section 

182(a)(3)(B) of the CAA for the 2008 

ozone NAAQS. The formal SIP revision 

(#17–02) was submitted by Maryland, 

through the Maryland Department of the 

Environment (MDE), on September 25, 

2017. 

II. Summary of SIP Revision and EPA 

Analysis 

In Maryland’s September 25, 2017 SIP 

revision submittal, Maryland states that 

the existing COMAR 26.11.01.05–1 

‘‘Emissions Statements’’ rule satisfies 

CAA section 182(a)(3)(B) for the 2008 

ozone NAAQS. Under CAA section 

182(a)(3)(B), states are required to have 

an emission statements rule for 

nonattainment areas for the 2008 ozone 

NAAQS. In addition, states in the ozone 

transport region are required to have an 

emission statement rule statewide, 

including for attainment areas. See CAA 

sections 182(a)(3)(B), 182(f), and 

184(b)(2). EPA previously approved 

Maryland’s emissions statement rule for 

the 1979 1-hour ozone standard, 

COMAR 26.11.01.05–1, into the 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations 32797 

Maryland SIP. See 59 FR 51517 (October 

12, 1994). EPA has determined that 

COMAR 26.11.01.05–1, which is 

currently in the Maryland SIP, is 

appropriate to address the emissions 

statement requirement in section 

182(a)(3)(B) for the 2008 ozone NAAQS. 

Therefore, EPA is approving this SIP 

revision that certifies that COMAR 

26.11.01.05–1 is adequate. Other 

specific requirements of the revised 

Maryland COMAR regulations and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 

restated here. 

III. Public Comments and EPA’s 

Responses 

EPA received fourteen public 

comments on our February 20, 2018 

NPR proposing to approve Maryland’s 

September 25, 2017 submittal. Only one 

comment was adverse and relevant to 

this action. The adverse comment is 

summarized and responded to in the 

following paragraph. All other 

comments received were not specific to 

this action, and thus are not addressed 

here. 

Comment: The commenter alleges that 

the EPA is requesting a modification to 

Maryland’s SIP. The commenter stated 

that this action will not directly affect 

Maryland’s atmosphere, small 

businesses, organizations or 

governments. The commenter stated 

that EPA could choose to not change the 

SIP and leave the regulations as they are 

without effect to pollutant emissions. 

The commenter also expressed the need 

for more detailed social and cultural 

impacts of the plan revision and stated 

social and cultural effects should be 

monitored as the plan is implemented. 

Finally, the commenter stated further 

impacts should be evaluated once the 

‘‘new plan’’ is established. 

Response: Maryland submitted this 

SIP revision certifying that requirements 

already in the Maryland SIP are 

adequate to meet the statutory 

requirement of section 182(a)(3)(B) as it 

pertains to the 2008 ozone NAAQS. 

Section 110(k)(3) states that ‘‘the 

Administrator shall approve a plan 

revision as a whole if it meets all of the 

applicable requirements of the CAA. As 

stated in the NPR, Maryland’s 

submission meets requirements in CAA 

section 182 for emission statements. 

Thus, pursuant to section 110(k)(3), EPA 

does not have discretion to disapprove 

the submittal if the state-requested SIP 

revision meets the requirements of 

section 182(a)(3)(B). This action pertains 

to certification of the requirement for 

the State of Maryland to have an 

emissions statement rule for the 2008 8- 

hour ozone standard for nonattainment 

areas. The State has certified that the 

state regulation that is already in the 

existing SIP is adequate. EPA is 

approving the State certification and not 

imposing any new requirements. EPA 

disagrees with the commenter that 

further social and cultural ‘‘impacts’’ 

should be evaluated because nothing in 

the CAA requires monitoring of such 

impacts from SIP revisions. 

IV. Final Action 

EPA is approving the State of 

Maryland’s September 25, 2017 SIP 

revision submittal which addresses the 

2008 8-hour ozone NAAQS emissions 

statement requirements as a revision to 

the Maryland SIP. 

V. 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 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). 

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 September 14, 2018. 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, approving Maryland’s 

certification that it’s SIP-approved 

emissions statement regulation meets 

the emissions statement requirement of 

section 182(a)(3)(B) of the CAA for the 

2008 ozone 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, 

Reporting and recordkeeping 


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32798 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations 

requirements, Volatile organic 

compounds. 

Dated: June 27, 2018. 

Cecil Rodrigues, 

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 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding the entry for 

Maryland’s emission statement 

requirement certification for the 2008 

ozone national ambient air quality 

standard at the end of the table to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MATERIAL

Name of nonregulatory SIP 

revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA 

approval 

date 

Additional 

explanation 

*******

Emission statement requirement 

certification for the 2008 ozone 

national ambient air quality 

standard.

State-wide .... September 25, 2017 .. 7/16/2018, [Insert Federal 

Register citation].

Certification that Maryland’s previously approved regulation at 

COMAR 26.11.01.05–1 meets the 

emission statement requirements 

for the 2008 ozone NAAQS. 

[FR Doc. 2018–15048 Filed 7–13–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0011; FRL–9980– 

64—Region 5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Beloit Corporation 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Deletion of the 

Research Center Property (RCP) of the 

Beloit Corporation Superfund Site 

(Site), in Rockton, Illinois from the 

National Priorities List (NPL). This 

partial deletion includes all media at the 

20-acre RCP. The rest of the Site 

remains on the NPL and is not affected 

by this action. The NPL, promulgated 

pursuant to Section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan. EPA is publishing 

this direct final partial deletion with the 

concurrence of the State of Illinois 

because all appropriate response actions 

at the RCP under CERCLA have been 

completed, other than maintenance, 

monitoring and five-year reviews. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final partial deletion 

is effective September 14, 2018 unless 

EPA receives adverse comments by 

August 15, 2018. If adverse comments 

are received, will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1990–0011, by one of the 

following methods: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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. The 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, 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. 

Email: cano.randolph@epa.gov. 

Mail: Randolph Cano, NPL Deletion 

Coordinator, U.S. Environmental 

Protection Agency Region 5 (SR–6J), 77 

West Jackson Boulevard, Chicago, IL 

60604, (312) 886–6036. 

Hand deliver: Superfund Records 

Center, U.S. Environmental Protection 

Agency Region 5, 77 West Jackson 

Boulevard, 7th Floor South, Chicago, IL 

60604, (312)886–0900. Such deliveries 

are only accepted during the Record 

Center’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8 a.m. to 4 p.m., 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1990– 

0011. The http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA 

without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 


sradovich on DSK3GMQ082PROD with RULES