[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Rules and Regulations]
[Pages 32796-32798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15048]


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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.

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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 <a href="/cdn-cgi/l/email-protection#94e0e6fbe1f6f5baf1e6fdfad4f1e4f5baf3fbe2"><span class="__cf_email__" data-cfemail="4337312c3621226d26312a2d032633226d242c35">[email protected]</span></a>.

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

[[Page 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:
    <bullet> 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);
    <bullet> is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 32798]]

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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  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:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

                            EPA-Approved Non-Regulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
 Name of non- regulatory SIP       Applicable                                    EPA approval      Additional
           revision             geographic area       State submittal date           date          explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Emission statement             State-wide.......  September 25, 2017.........  7/16/2018,       Certification
 requirement certification                                                      [Insert          that Maryland's
 for the 2008 ozone national                                                    Federal          previously
 ambient air quality standard.                                                  Register         approved
                                                                                citation].       regulation at
                                                                                                 COMAR
                                                                                                 26.11.01.05-1
                                                                                                 meets the
                                                                                                 emission
                                                                                                 statement
                                                                                                 requirements
                                                                                                 for the 2008
                                                                                                 ozone NAAQS.
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[FR Doc. 2018-15048 Filed 7-13-18; 8:45 am]
 BILLING CODE 6560-50-P


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