39014 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 

would not interfere with continued 

attainment of the NAAQS in the South 

Coast Air Basin. The intended effect of 

our proposed conditional approval 

action is to update the applicable SIP 

with current SCAQMD rules and 

provide SCAQMD the opportunity to 

correct the identified deficiencies, as 

discussed in their commitment letter 

dated June 26, 2018. If we finalize this 

action as proposed, our action would 

incorporate this rule into the federally 

enforceable SIP and be codified through 

revisions to 40 CFR 52.220 

(Identification of plan) and 40 CFR 

52.119 (Part D conditional approval). 

If the State meets its commitment to 

submit the required measures within 12 

months of the date of EPA’s final action, 

Rule 1325 will remain a part of the SIP 

until EPA takes final action approving 

or disapproving any subsequently 

submitted SIP revision. However, if the 

District fails to submit a revision within 

the required timeframe, the conditional 

approval will automatically become a 

disapproval, and EPA will issue a 

finding of disapproval. EPA is not 

required to propose the finding of 

disapproval. 

We will accept comments from the 

public on this proposal until September 

7, 2018. If we take final action to 

approve the submitted rule, our final 

action will incorporate this rule into the 

federally enforceable SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule, regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the SCAQMD rule listed in Table 1 of 

this preamble. The EPA has made, and 

will continue to make, these materials 

available electronically through 

www.regulations.gov and in hard copy 

at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve 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 Clean Air Act; 

and 

• does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: July 24, 2018. 

Michael Stoker, 

Regional Administrator, Region IX. 

[FR Doc. 2018–16877 Filed 8–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0507; FRL–9981– 

77—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; NOX Ozone Season 

Emissions Caps for Non-Trading Large 

NOX Units and Associated Revisions to 

General Administrative Provisions and 

Kraft Pulp Mill Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Maryland. 

This revision (Maryland SIP Revision 

#18–03) pertains to a new Maryland 

regulation that establishes ozone season 

nitrogen oxides (NOX) emissions caps 

and other requirements for large nonelectric generating units (non-EGU) in 

Maryland and includes associated 

revisions to two other Maryland 

regulations. The revisions will enable 

Maryland to meet NOX reduction 

requirements related to interstate 

transport of pollution that contributes to 

other states’ nonattainment or interferes 

with other states’ maintenance of the 

ozone national ambient air quality 

standards (NAAQS). This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 7, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2018–0507 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, 

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 


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1CAIR was subsequently vacated and remanded. 

See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified by 550 F.3d 1176 (remanding 

CAIR). CAIR was replaced with the Cross-State Air 

Pollution Rule, or CSAPR (76 FR 48208, August 8, 

2011), which, after legal challenges, was 

implemented starting in January 2015. The NOX

Ozone Season Trading Program under CSAPR was 

replaced in Maryland and most other states by a 

new trading program for ozone season NOX under 

the CSAPR Update rule in January 2017 (81 FR 

74504, October 26, 2016). 

2CAIR became obsolete upon implementation of 

the CSAPR program. Maryland subsequently took 

action rescinding its CAIR regulation (COMAR 

26.11.28), and submitted a SIP revision to EPA 

which sought removal of the regulation in its 

entirety from the approved Maryland SIP. On July 

17, 2017 (82 FR 32641), EPA approved the SIP 

revision removing the CAIR regulation from 

Maryland’s SIP. 

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: 

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

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

15, 2018, the State of Maryland, through 

the Maryland Department of the 

Environment (MDE), submitted for 

approval into the Maryland SIP new 

Code of Maryland Regulation (COMAR) 

26.11.40—NOX Ozone Season Emission 

Caps for Non-Trading Large NOX Units 

and revisions to two regulations 

presently included in the Maryland SIP, 

COMAR 26.11.01.01—General 

Administrative Provisions and COMAR 

26.11.14—Control of Emissions from 

Kraft Pulp Mills to EPA. 

I. Background 

In October 1998 (63 FR 57356), EPA 

finalized the ‘‘Finding of Significant 

Contribution and Rulemaking for 

Certain States in the Ozone Transport 

Assessment Group Region for Purposes 

of Reducing Regional Transport of 

Ozone’’—commonly called the NOX SIP 

Call. The NOX SIP Call, issued pursuant 

to Section 110 of the CAA, was designed 

to mitigate significant transport of NOX, 

one of the precursors of ozone. EPA 

developed the NOX Budget Trading 

Program, an allowance trading program 

that states could adopt to meet their 

obligations under the NOX SIP Call. The 

NOX Budget Trading Program allowed 

electric generating units (EGUs) greater 

than 25 megawatts and industrial nonelectric generating units, such as boilers 

and turbines, with a rated heat input 

greater than 250 million British thermal 

units per hour (MMBtu/hr), referred to 

as ‘‘large non-EGUs’’, to participate in a 

regional NOX cap and trade program. 

The NOX SIP Call also established 

specific reduction requirements for 

other non-EGUs, including cement kilns 

and stationary internal combustion (IC) 

engines. On January 10, 2001 (66 FR 

1866), EPA approved two Maryland 

regulations, COMAR 26.11.29—NOX

Reduction and Trading Program, and 

COMAR 26.11.30—Policies and 

Procedures Relating to Maryland’s NOX

Reduction and Trading Program, into 

the Maryland SIP as meeting the 

requirements of the NOX SIP Call. 

Under the approved trading program, 

large EGUs and large non-EGUs in 

Maryland participated in a regional cap 

and trade program that was 

administered by EPA. 

On May 12, 2005, (70 FR 25162), EPA 

promulgated the Clean Air Interstate 

Rule (CAIR) to address transported 

emissions that significantly contributed 

to downwind states’ nonattainment and 

maintenance of the 1997 ozone and fine 

particulate matter (PM2.5) NAAQS. CAIR 

required 28 states, including Maryland, 

to reduce emissions of NOX and sulfur 

dioxide (SO2), which are precursors to 

ozone and PM2.5. Under CAIR, EPA 

developed separate cap and trade 

programs for annual NOX, ozone season 

NOX, and annual SO2 emissions. On 

April 28, 2006 (71 FR 25328), EPA also 

promulgated federal implementation 

plans (FIPs) requiring the EGUs in each 

affected state, but not large non-EGUs, 

to participate in the CAIR trading 

programs. States could comply with the 

requirements of CAIR by either 

remaining on the FIP, which applied 

only to EGUs, or by submitting a CAIR 

SIP revision that included as trading 

sources EGUs and the non-EGUs that 

formerly traded in the NOX Budget 

Trading Program under the NOX SIP 

Call. EPA discontinued administration 

of the NOX Budget Trading Program in 

2009 upon the start of the CAIR trading 

programs.1 The NOX SIP Call 

requirements continued to apply, 

however, and EGUs that were formerly 

trading under the NOX Budget Trading 

Program continued to meet their NOX

SIP Call requirements under the 

generally more stringent requirements of 

the CAIR ozone season trading program. 

States needed to assess their NOX SIP 

Call requirements and take other 

regulatory action as necessary to ensure 

that their obligations for the large nonEGUs continued to be met either 

through submission of a CAIR SIP or 

other NOX regulation. EPA has 

implementing regulations for the NOX

SIP Call at 40 CFR 51.121. 

In Maryland, Luke Paper Mill 

(formerly the Westvaco pulp and paper 

mill) was the only facility with nonEGUs that were affected by the NOX SIP 

Call and which participated in the NOX

Budget Trading Program. When the 

CAIR NOX Ozone Season trading 

program replaced the NOX Budget 

Trading Program, Maryland adopted the 

CAIR program as it applied to large 

EGUs, but chose not to include the nonEGUs at Luke as participants in the 

CAIR NOX Ozone Season trading 

program.2 Instead, in 2010, Maryland 

adopted COMAR 26.11.14.07–Control of 

Emissions from Kraft Pulp Mills, which, 

among other requirements, included 

provisions that address the NOX SIP 

Call non-EGU requirements in Maryland 

through a NOX ozone season tonnage 

cap of 947 tons for the Luke non-EGUs 

and monitoring, recordkeeping, and 

reporting in accordance with 40 CFR 

part 75. EPA conditionally approved 

COMAR 26.11.14.07 into the Maryland 

SIP on August 30, 2016 (81 FR 59486) 

and took final approval on July 17, 2017 

(82 FR 32641). 

Subsequent to adoption of COMAR 

26.11.14.07, MDE determined that 

additional applicable units have either 

started operation or were previously not 

subject but have become subject to the 

requirements for non-EGUs under the 

NOX SIP Call as the units are greater 

than 250 MMBtu/hr. A review of the 

applicability of the NOX SIP Call to 

large non-EGUs in the State showed that 

there are three additional facilities 

having non-EGUs that are covered under 

the NOX SIP Call. MDE adopted new 

regulation COMAR 26.11.40 to 

reallocate the NOX emissions cap among 

the affected sources, and concurrently 

revised COMAR 26.11.14.07 to reflect a 

reduced cap for Luke. The NOX annual 

emissions cap for Maryland established 

for the NOX SIP Call is 1,013 tons per 

year of NOX, as established by EPA in 

40 CFR part 97, subpart E, Appendix C. 

II. Summary of SIP Revision and EPA 

Analysis 

On May 15, 2018, Maryland, through 

MDE, submitted for inclusion in the 

Maryland SIP new regulation COMAR 

26.11.40—NOX Ozone Season Emission 

Caps for Non-trading Large NOX Units, 


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3The definitions for non-EGUs and EGUs are set 

forth in the preamble to the April 2004 NOX SIP 

Call amendments. See 69 FR 21604 and 21616, 

April 21, 2004. 

4Maryland’s NOX Budget Trading Program 

regulations included an overall budget of 15,466 

tons for EGUs and non-EGUs. See, e.g., The NOX

Budget Trading Program: 2008 Highlights (October 

2009) at 10, available at https://www.epa.gov/ 

airmarkets/nox-budget-trading-program-historicalreports. While most of the overall budget was 

allocated directly to EGUs and non-EGUs (those 

shares were 13,793 tons and 947 tons, respectively), 

a 726-ton portion was not assigned to either sector, 

but instead was placed in set-asides. To identify the 

portion of the overall 15,466-ton budget attributable 

to non-EGUs that would be an appropriate cap for 

its replacement non-EGU rule, Maryland has 

therefore used the 1,013-ton non-EGU portion of the 

overall budget of 15,532 tons established for 

Maryland’s EGUs and non-EGUs under a different 

federal rule promulgated contemporaneously with 

the NOX SIP Call pursuant to CAA section 126. See 

40 CFR part 97, subpart E, appendix C. In the 

absence of an express division of the State’s overall 

NOX Budget Trading Program budget between EGUs 

and non-EGUs, EPA believes the State’s approach 

to identifying an appropriate cap for its replacement 

non-EGU rule is reasonable. 

5EPA’s regulations implementing the NOX SIP 

Call are in 40 CFR 51.121. 

and associated revisions to COMAR 

26.11.01.01—General Administrative 

Provisions, and COMAR 26.11.14— 

Control of Emissions from Kraft Pulp 

Mills. 

New COMAR 26.11.40 establishes 

NOX ozone season tonnage caps and 

NOX monitoring requirements for large 

non-EGUs in the State that are not 

covered under the Cross-State Air 

Pollution Rule (CSAPR) to meet 

requirements of the NOX SIP Call. 

Regulation .01 under COMAR 26.11.40 

defines the terms used in COMAR 

26.11.40, including ‘‘boiler’’, ‘‘combined 

cycle system’’, ‘‘combustion turbine’’, 

‘‘fossil-fuel’’, ‘‘fossil fuel-fired’’, ‘‘new 

unit’’, ‘‘new unit set-aside’’, ‘‘nontrading large NOX unit’’, and ‘‘ozone 

season’’. The definition of non-trading 

large NOX unit in Regulation .01 lists 

two categories of sources: (1) Non-EGUs 

with a maximum design heat input 

greater than 250 MMBtu/hr, and (2) 

fossil fuel-fired EGUs serving a 

generator with a nameplate capacity 

greater than 25 megawatt output. 

Maryland explains its intent that these 

definitions apply to non-EGUs and 

EGUs as defined for purposes of the 

NOX SIP Call as amended.3 In addition 

to the definitions of non-trading large 

NOX unit, Maryland clarifies its intent 

by specifically listing in Regulation .02 

all units in the State that currently meet 

the definitions. Regulation .01 also 

clarifies that non-EGUs subject to this 

rule are units that are not already 

subject to the CSAPR NOX Ozone 

Season Group 2 Trading Program under 

40 CFR part 97, subpart EEEEE. 

Regulation .02 under COMAR 

26.11.40 lists the currently affected nonEGUs meeting the definition of ‘‘nontrading large NOX unit’’ (shown in the 

following table), and includes a 

provision that any new unit installed 

after May 1, 2018 or an existing unit that 

is modified such that it meets the 

definition of a large non-EGU will 

become subject to the requirements of 

COMAR 26.11.40. Regulation .03 under 

COMAR 26.11.40 establishes the NOX

annual tonnage caps for each source. 

The affected units and their NOX ozone 

season caps are as follows: 

Facility Unit 

NOX ozone 

season cap 

(tons) 

American Sugar Refining ............................................................ C6 ............................................................................................... 24 

Dominion Energy Cove Point LNG ............................................. Frame 5–1 (Turbine S009), Frame 5–2 (Turbine S010), Frame 

7–A, Frame 7–B, Aux. A, Aux B.

214 

Luke Paper Mill ........................................................................... 24, 25, and 26 ............................................................................ 656 

National Institutes of Health ........................................................ 5–1156 ....................................................................................... 23 

New unit set-aside ...................................................................... .................................................................................................... 96 

Total ..................................................................................... .................................................................................................... 1,013 

Regulation .03 also establishes a 96 

ton set aside for new units or modified 

existing units. The total, 1,013 tons of 

NOX, is consistent with the portion of 

the overall Maryland NOX Budget 

Trading Program budget for large nonEGUs.4 Regulation .03 stipulates that the 

combined NOX ozone season emissions 

from units subject to COMAR 26.11.40 

may not exceed 1,013 tons. Regulation 

.04 requires continuous emissions 

monitoring (CEM) of NOX emissions at 

affected units in accordance with 40 

CFR part 75, subpart H, as required by 

40 CFR 51.121(i)(4),5 maintenance of 

records and submittal of reports in 

accordance with 40 CFR part 75, and 

submittal of CEMs data to the State on 

a quarterly basis. 

To meet NOX SIP Call requirements 

and conform to COMAR 26.11.40, 

Maryland revised regulation .07A of 

COMAR 26.11.14 Control of emissions 

from Kraft Pulp Mills to remove the 947 

ton ozone season NOX cap that 

originally applied to the Luke Mill. A 

new provision in COMAR 26.11.14 

establishes Luke’s lower NOX cap via a 

cross reference to Luke’s 636 ton per 

year cap in COMAR 26.11.40.03. 

Regulation .07B removes the 

requirements for an owner or operator of 

a kraft pulp mill that exceeds the 

emission limit(s) specified in COMAR 

26.11.14 to acquire one ozone season 

NOX allowance for every ton of NOX

emissions over the limits to demonstrate 

compliance, and requires compliance 

instead to be demonstrated with the 636 

ton per year cap via a CEMs meeting 40 

CFR part 75. Maryland removed the 

provision for paper mills such as Luke 

Mill to acquire additional NOX

allowances in order for the sources in 

the State to remain under Maryland’s 

total NOX ozone season cap for the NOX

SIP Call. 

Correspondingly, Maryland also 

revised a provision of COMAR 

26.11.01—General Administrative 

Provisions to remove the definition for 

‘‘NOX ozone season allowance’’ which 

is no longer necessary because the 

revisions to COMAR 26.11.14 remove 

the requirement for fuel burning 

equipment at Luke to purchase NOX

ozone season allowances for any 

exceedance over its specified limits. 

EPA finds that this May 2018 SIP 

submittal meets Maryland’s NOX SIP 

Call requirements (including 

requirements in CAA section 110 and 40 

CFR 51.121) for non-EGUs through: (1) 

New regulation COMAR 24.11.40 which 

updates the State’s requirements to 

include all currently applicable large 

non-EGUs and any new non-EGUs 

under the NOX SIP Call; (2) the 

specified state-wide ozone season NOX

emissions cap of 1013 tons which is 

consistent with the portion of the 

overall Maryland NOX emissions budget 

under the NOX Budget Trading Program 

attributable to non-EGUs, and (3) 

through the 40 CFR part 75 monitoring, 

recordkeeping and reporting 

requirements which apply for the 

affected non-EGUs. In addition, the 


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revisions remove the ability of kraft 

pulp mills that exceed their NOX limits 

and caps to comply by purchasing or 

otherwise acquiring NOX allowances 

from EPA’s ozone season NOX trading 

program by removing these provisions 

in COMAR 26.11.14 and 26.11.01. The 

removal of the provisions allowing 

purchase of additional allowances 

removes the potential for increased local 

NOX emissions. 

The May 15, 2018 Maryland SIP 

submittal does not result in increased 

NOX emissions, and therefore has no 

impact on any requirements related to 

attainment, reasonable further progress, 

or any other NAAQS requirements 

under the CAA. The submittal therefore 

meets section 110(l) of the CAA. 

III. Proposed Action 

EPA’s review of this material 

indicates that Maryland’s May 18, 2018 

SIP revision submittal (Maryland SIP 

Revision #18–03) is approvable in 

accordance with CAA section 110. For 

the reasons noted previously, EPA is 

proposing to approve the Maryland SIP 

revision submitted on May 15, 2018. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Incorporation by Reference 

In this proposed action, EPA is 

proposing to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference new Maryland regulation 

COMAR 26.11.40 and associated 

revisions to COMAR 26.11.01 and 

COMAR 26.11.14.07. EPA has made, 

and will continue to make, these 

materials generally available through 

http://www.regulations.gov and at the 

EPA Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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 action proposing 

approval of Maryland regulation 

COMAR 26.11.40 and associated 

revisions to other COMAR regulations 

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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: July 24, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2018–16778 Filed 8–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0711; FRL–9981– 

91—Region 9] 

Approval of California Air Plan 

Revision, South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). This revision concerns 

emissions of volatile organic 

compounds (VOCs) from architectural 

coatings. We are proposing to approve a 

local rule to regulate emissions from 

architectural coatings under the Clean 

Air Act (CAA or the Act). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Any comments must arrive by 

September 7, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0711 at http://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 


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