34808 Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 

EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective date EPA approved date Comments 

*******

Regional Haze Plan ........... statewide ........................... 12/30/2009 and 5/8/2012 .. 6/12/2012, [Insert page 

number where the document begins].

Includes all regional haze 

plan elements except 

BART emission limitations for the taconite facilities. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–14101 Filed 6–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0394; FRL–9684–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Permit To Construct 

Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revisions pertain to sources 

which are exempt from preconstruction 

permitting requirements under 

Maryland’s New Source Review (NSR) 

program. EPA is approving these 

revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on August 

13, 2012 without further notice, unless 

EPA receives adverse written comment 

by July 12, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0394 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0292, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0394. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 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 disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On October 17, 2011, the 

Maryland Department of the 

Environment (MDE) submitted a formal 

revision (#11–07) to its State 

Implementation Plan (SIP). The SIP 

revision consists of the addition of an 

exemption from preconstruction 

permitting requirements for 

insignificant sources of volatile organic 

compounds (VOC’s). 

II. Summary of SIP Revision 

Regulation .10 under COMAR 

26.11.02 (Permits, Approvals, and 

Registration) contains exemptions for 

certain sources that are not required to 

obtain approvals or permits to construct 

prior to the construction or modification 

of the affected source. Specifically, 

COMAR 26.11.02.10X (as it currently 

exists in the Maryland SIP) provides 

such an exemption for sources that emit 

less than one (1) ton per year (tpy) of 

each pollutant which is a Class II toxic 

air pollutant, or a pollutant for which 

there is a federal ambient air quality 

standard. Regulation .10X also provides 

such an exemption for sources that emit 

less than one (1) pound per day of a 


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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 34809 

Class I toxic air pollutant. Maryland’s 

proposed revisions add sources of 

VOC’s to the list of sources eligible for 

the 1 tpy exemption under section .10X. 

Additionally, the revisions clarify that 

the thresholds for exemption apply to a 

source’s ‘‘pre-control potential-to-emit.’’ 

The revisions to COMAR 

26.11.02.10X were effective in Maryland 

on August 11, 2011. The MDE submitted 

them to EPA for approval into the SIP 

on October 17, 2011. EPA’s review of 

the SIP submittal finds the revisions 

consistent with CAA requirements. 

III. Final Action 

EPA is approving MDE’s October 17, 

2011 SIP submittal. EPA is publishing 

this rule without prior proposal because 

the Agency views this as a 

noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

August 13, 2012 without further notice 

unless EPA receives adverse comment 

by July 12, 2012. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

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 

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 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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 13, 2012. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action pertaining to permit to 

construct exemptions under Maryland’s 

NSR program may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2) of 

the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 1, 2012. 

W.C. Early, 

Acting Regional Administrator, 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 

(c) is amended by revising the entry for 

COMAR 26.11.02.10 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 


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34810 Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Rules and Regulations 

1Hereafter the term ‘‘1-hour ozone NAAQS’’ may 

be expressed either as ‘‘1-hour ozone NAAQS’’ or 

as ‘‘1-hour ozone standard.’’ 

2See ‘‘Reasonable Further Progress, Attainment 

Demonstration, and Related Requirements for 

Ozone Nonattainment Areas Meeting the Ozone 

National Ambient Air Quality Standard,’’ (Clean 

Data Policy) dated May 10, 1995. 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland administrative regulations (COMAR) citation 

Title/subject State effective 

date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 

*******

26.11.02 Permits, Approvals, and Registration 

*******

26.11.02.10 ............................. Sources Exempt from Permits 

to Construct and Approvals.

8/11/11 6/12/12 ...................................

[Insert page number where 

the document begins].

Revised .10X 

* * * * * * * 

* * * * * 

[FR Doc. 2012–14103 Filed 6–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R03–OAR–2011–0680; FRL–9685–5] 

Determination of Failure To Attain by 

2005 and Determination of Current 

Attainment of the 1-Hour Ozone 

National Ambient Air Quality 

Standards in the Baltimore 

Nonattainment Area in Maryland 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing two separate 

and independent final determinations 

related to the Baltimore 1-hour ozone 

nonattainment area. First, EPA is 

determining that the Baltimore area 

previously failed to attain the 1-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) by its applicable 

attainment deadline of November 15, 

2005 (based on complete, qualityassured and certified ozone monitoring 

data for 2003–2005). Second, EPA is 

also determining that the Baltimore area 

is currently attaining the now revoked 

1-hour ozone NAAQS based on 

complete, quality-assured and certified 

ozone monitoring data for 2008–2010 

and continuing for 2009–2011. Thus, 

quality-assured ozone monitoring data 

in the Air Quality System (AQS) show 

that the area has been attaining the 

revoked 1-hour ozone standard since 

2008. EPA’s determination that the area 

has attained the 1-hour ozone standard 

obviates the need for submission of any 

contingency measures for failure to 

attain that revoked standard. 

DATES: This final rule is effective on July 

12, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0680. 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. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by email at cripps.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What actions EPA is taking? 

II. What is the background for these actions? 

III. What comments were received on these 

actions and what are EPA’s responses? 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. What actions EPA is taking? 

EPA is issuing two separate and 

independent determinations for the 

Baltimore area related to 

implementation of anti-backsliding 

requirements for the 1-hour ozone 

NAAQS.1

A. Determination of Failure To Attain 

the 1-Hour Ozone NAAQS by the 

Applicable Attainment Date 

Pursuant to EPA’s authority to ensure 

implementation of 1-hour ozone antibacksliding requirements and section 

301 of the Clean Air Act (CAA), EPA is 

determining that complete, qualityassured and certified data for 2003–2005 

show that the Baltimore area previously 

failed to attain the 1-hour ozone 

standard by its applicable November 15, 

2005 attainment deadline. 

B. Determination of Current Attainment 

of the 1-Hour Ozone NAAQS 

EPA is determining that the Baltimore 

area is currently attaining the 1-hour 

ozone standard. EPA’s determination is 

based on the most recent three-year 

periods of complete, quality-assured 

and certified data, 2008–2010 and 

continuing in 2009–2011. Moreover, 

complete, quality-assured and certified 

data show that the Baltimore area has 

attained the 1-hour ozone standard 

since the 2006–2008 monitoring period 

and for every three-year period since 

that time. Pursuant to EPA’s 

interpretation, as set forth in its Clean 

Data Policy 2 and the cases and 

regulations that embody it, EPA has 

determined that the Baltimore area is no 

longer obliged to submit and implement 

the 1-hour ozone contingency measure 

requirement of CAA section 172(c)(9). 

In order to determine the area’s air 

quality status for purposes of this 

action, EPA reviewed ozone monitoring 


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