Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31709 

the Attorney General of the United 

States, and the recipient; 

(iv) The notice must state: The alleged 

violation of the Age Discrimination Act; 

the relief requested; the court in which 

the complainant is bringing the action; 

and, whether or not attorney’s fees are 

demanded in the event the complainant 

prevails; and 

(v) The complainant may not bring an 

action if the same alleged violation of 

the Age Discrimination Act by the same 

recipient is the subject of a pending 

action in any court of the United States. 

§ 7.180 Mediation of age discrimination 

complaints. 

(a) The OCR will refer all accepted 

complaints alleging age discrimination 

to the Mediation Agency designated by 

the Secretary of the Department of 

Health and Human Services. 

(b) Both the complainant and the 

recipient must participate in the 

mediation process to the extent 

necessary to reach an agreement or 

make an informed judgment that an 

agreement is not possible. The recipient 

and the complainant must meet with the 

mediator at least once before the OCR 

will accept a judgment that an 

agreement is not possible. The recipient 

and the complainant, however, need not 

meet with the mediator at the same 

time. 

(c) If the complainant and the 

recipient reach an agreement, the 

mediator must prepare a written 

statement of the agreement and have the 

complainant and recipient sign it. The 

mediator will send a copy of the 

agreement to the OCR, which will take 

no further action on the complaint 

unless the complainant or the recipient 

fails to comply with the agreement. 

(d) The mediator must protect the 

confidentiality of all information 

obtained in the course of the mediation 

process. No mediator may testify in any 

adjudicative proceeding, produce any 

document, or otherwise disclose any 

information obtained in the course of 

the mediation process without prior 

approval of the head of the agency 

appointing the mediator. 

(e) Mediation ends after sixty (60) 

days from the time EPA received the 

complaint or if: 

(1) An agreement is reached; or 

(2) The Mediator determines that an 

agreement cannot be reached. 

(f) The mediator must return 

unresolved complaints to OCR to be 

processed in accordance with the 

procedure in § 7.120. 

[FR Doc. 2010–13470 Filed 6–3–10; 8:45 am] 

BILLING CODE 6650–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0957; FRL–9158–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonable Further 

Progress Plan, 2002 Base Year 

Emission Inventory, Contingency 

Measures, Reasonably Available 

Control Measures, and Transportation 

Conformity Budgets for the Baltimore 

1997 8-Hour Moderate Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Maryland State Implementation Plan 

(SIP) to meet the 2002 base year 

emissions inventory, the reasonable 

further progress (RFP) plan, RFP 

contingency measure, and reasonably 

available control measure (RACM) 

requirements of the Clean Air Act (CAA) 

for the Baltimore moderate 1997 8-hour 

ozone nonattainment area. EPA is also 

approving the transportation conformity 

motor vehicle emissions budgets 

(MVEBs) associated with this revision. 

EPA is approving the SIP revision 

because it satisfies the emission 

inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrates 

further progress in reducing ozone 

precursors. EPA is approving the SIP 

revision pursuant to the CAA and EPA’s 

regulations. 

DATES: Effective Date: This final rule is 

effective on July 6, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0957. All 

documents in the docket are listed in 

the 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 

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, Suite 705, Baltimore, 

Maryland, 21230. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 7, 2010 (75 FR 958), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of Maryland’s 2002 base year emissions 

inventory, RFP plan, RFP contingency 

measures, RACM, and MVEBs for the 

Baltimore moderate 1997 8-hour ozone 

nonattainment area. EPA is approving 

the SIP revision because it satisfies the 

emission inventory, RFP, RACM, RFP 

contingency measure, and 

transportation conformity requirements 

of the section 110 and part D of the CAA 

and EPA’s regulations. The formal SIP 

revision was submitted by the State of 

Maryland on June 4, 2007. 

II. Summary of SIP Revision 

The SIP revision addresses emissions 

inventory, RACM, RFP and contingency 

measures requirements for the 1997 

8-hour ozone NAAQS for the Baltimore 

8-hour ozone moderate nonattainment 

area. The SIP revision also establishes 

MVEBs for 2008. Other specific 

requirements of Maryland’s June 4, 2007 

SIP revision for the Baltimore 8-hour 

ozone nonattainment area 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 2002 base year 

emissions inventory; the 2008 ozone 

projected emission inventory; the 2008 

RFP plan; RFP contingency measures; 

RACM analysis; and 2008 transportation 

conformity budgets for the Baltimore 

8-hour ozone nonattainment area, 

contained in Maryland’s June 4, 2007 

SIP revision submittal for the Baltimore 

8-hour ozone nonattainment area. The 

SIP revision satisfies the requirements 

for 1997 8-hour ozone NAAQS 

nonattainment areas classified as 

moderate and demonstrates further 

progress in reducing ozone precursors. 


erowe on DSK5CLS3C1PROD with RULES
31710 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 3, 2010. 

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 the Baltimore moderate 

1997 8-hour ozone nonattainment area’s 

2002 base year emissions inventory; 

2008 ozone projected emission 

inventory; 2008 RFP plan; RFP 

contingency measures; RACM analysis; 

and 2008 transportation conformity 

budgets 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 21, 2010. 

William C. Early, 

Acting Regional Administrator, EPA Region 

III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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 at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOX and CO; and 

2008 RFP Transportation Conformity 

Budgets. 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 

*******

Reasonable Further Progress Plan 

(RFP), Reasonably Available 

Control Measures, and Contingency Measures.

Baltimore 1997 8-hour ozone 

moderate nonattainment area.

6/4/07 6/4/10 [Insert page number where 

the document begins] 

2002 Base Year Inventory for 

VOC, NOX, and CO.

Baltimore 1997 8-hour ozone 

moderate nonattainment area.

6/4/07 6/4/10 [Insert page number where 

the document begins] 

2008 RFP Transportation Conformity Budgets.Baltimore 1997 8-hour ozone 

moderate nonattainment area.

6/4/07 6/4/10 [Insert page number where 

the document begins] 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations 31711 

■ 3. Section 52.1075 is amended by 

revising the section heading and by 

adding paragraph (i) to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(i) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventories for 

the Baltimore 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007. This submittal consists of the 

2002 base year point, area, non-road 

mobile, and on-road mobile source 

inventories in area for the following 

pollutants: Volatile organic compounds 

(VOC), carbon monoxide (CO) and 

nitrogen oxides (NOX). 

■ 4. Section 52.1076 is amended by 

adding paragraphs (q) and (r) to read as 

follow: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(q) EPA approves revisions to the 

Maryland State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the Baltimore 

1997 8-hour ozone moderate 

nonattainment area submitted by the 

Secretary of the Maryland Department 

of the Environment on June 4, 2007. 

(r) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Baltimore 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Maryland Department of the 

Environment on June 4, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE BALTIMORE AREA

Type of control strategy SIP Year VOC 

(TPD) NOX (TPD) Effective date of adequacy determination or SIP approval 

Rate of Progress Plan .......................................... 2008 41.2 106.8 April 13, 2009, (74 FR 13433), published March 

27, 2009. 

[FR Doc. 2010–13381 Filed 6–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0039; FRL–9158–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Control of Nitrogen Oxide 

Emissions From Industrial Boilers and 

Process Heaters at Petroleum 

Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. This 

SIP revision consists of adding specific 

emission control requirements for 

controlling nitrogen oxide (NOx) 

emissions from industrial boilers. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on July 6, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0039. All 

documents in the docket are listed in 

the 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 

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 & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 15, 2010 (75 FR 12168), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the Delaware SIP revision that adds 

a new section (Section 2.0) to 

Regulation 1142—Control of Nitrogen 

Oxide Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries in order to require new and/ 

or additional controls on industrial 

boilers and process heaters with heat 

input capacities of equal to or greater 

than 200 million British thermal units 

per hour (mmBTU/hr). EPA received no 

comments on the NPR to approve 

Delaware’s SIP revision. The formal SIP 

revision was submitted by the State of 

Delaware on November 17, 2009. 

II. Summary of SIP Revision 

Regulation 1142 (formerly SIP 

Regulation No. 42) establishes 

applicability and compliance dates to 

any industrial boiler or process heater 

with a maximum heat input capacity of 

equal to or greater than 200 mmBTU/hr, 

which is operated or permitted to 

operate within a petroleum refinery 

facility (except for any Fluid Catalytic 

Cracking Unit carbon monoxide (CO) 

boiler). Regulation 1142 establishes NOx 

emission limitations for any industrial 

boiler or process heater with a 

maximum heat input capacity of equal 

to or greater than 200 mmBTU/hr, 

which is operated or permitted to 

operate within a petroleum refinery 

facility. The regulation also requires 

compliance with monitoring, 

recordkeeping, and reporting 

requirements. 

III. Final Action 

EPA is approving the Delaware SIP 

revision that adds a new section, 

Section 2—Control of Nitrogen Oxide 

Emissions from Industrial Boilers and 

Process Heaters at Petroleum Refineries 

to Delaware’s Regulation 1142—Specific 

Emission Control Requirements for 

controlling NOx emissions from 

industrial boilers. 

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 


erowe on DSK5CLS3C1PROD with RULES