Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 41437 

[FR Doc. 2014–16469 Filed 7–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0072; FRL–9913–62– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Section 110(9)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving two State 

Implementation Plan (SIP) revisions 

submitted by the State of Maryland 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised National 

Ambient Air Quality Standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. The State of 

Maryland has made submittals 

addressing the infrastructure 

requirements for the 2008 lead (Pb) 

NAAQS. 

DATES: This final rule is effective on 

August 15, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0072. 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: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 15, 2008, EPA 

substantially strengthened the primary 

and secondary lead NAAQS (hereafter 

the 2008 Pb NAAQS), revising the level 

of the primary (health-based) standard 

from 1.5 micrograms per cubic meter 

(ug/m3) to 0.15 ug/m3, measured as total 

suspended particles (TSP) and not to be 

exceeded with an averaging time of a 

rolling three month period. EPA also 

revised the secondary (welfare-based) 

standard to be identical to the primary 

standard, as well as the associated 

ambient air monitoring requirements. 

See 40 CFR 50.16. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS or 

within such shorter period as EPA may 

prescribe. The contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affect the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

meeting the applicable requirements of 

section 110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs and section 

110(a)(2) requires states to address basic 

SIP elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. More specifically, section 

110(a)(2) lists specific elements that 

states must meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. 

For the 2008 Pb NAAQS, states 

typically have met many of the basic 

program elements required in section 

110(a)(2) of the CAA through earlier SIP 

submissions in connection with 

previous lead NAAQS. Nevertheless, 

pursuant to section 110(a)(1) of the 

CAA, states have to review and revise, 

as appropriate, their existing lead 

NAAQS SIPs to ensure that the SIPs are 

adequate to address the 2008 Pb 

NAAQS. To assist states in meeting this 

statutory requirement, EPA issued 

guidance on October 14, 2011, entitled, 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

Required Under sections 110(a)(1) and 

110(a)(2) for the 2008 Lead (Pb) National 

Ambient Air Quality Standards 

(NAAQS),’’ which lists the basic 

elements that states should include in 

their SIPs for the 2008 Pb NAAQS. 

II. Summary of SIP Revision 

On May 2, 2014 (79 FR 25059), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland proposing approval of 

Maryland’s January 3, 2013 and August 

14, 2013 submittals to satisfy several 

requirements of section 110(a)(2) of the 

CAA for the 2008 Pb NAAQS. In the 

NPR, EPA proposed approval of the 

following infrastructure elements: 

Sections 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof. This action does not 

include any action on section 

110(a)(2)(I) of the CAA which pertains 

to the nonattainment requirements of 

part D, Title I of the CAA, because this 

element is not required to be submitted 

by the 3-year submission deadline of 

CAA section 110(a)(1), and will be 

addressed in a separate process if 

necessary. The rationale which supports 

EPA’s proposed action, including the 

scope of infrastructure SIPs in general, 

is explained in the NPR and the 

technical support document (TSD) 

accompanying the NPR and will not be 

restated here. The TSD is available 

online at www.regulations.gov, Docket 

ID Number EPA–R03–OAR–2013–0072. 

No comments were received on this 

rulemaking action. 

III. Final Action 

EPA is approving two revisions to the 

Maryland SIP, Maryland’s January 3, 

2013 and August 14, 2013 submittals for 

the 2008 Pb NAAQS, that address the 

following infrastructure elements: 

Sections 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). This 

rulemaking action does not include 

section 110(a)(2)(I) of the CAA which 

pertains to the nonattainment 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the three year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. 


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41438 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 

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 September 15, 2014. 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 infrastructure requirements 

of section 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M) of the 

CAA for the 2008 Pb NAAQS for the 

State of Maryland, 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, Lead, Reporting and 

recordkeeping requirements. 

Dated: June 27, 2014. 

W.C. Early, 

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 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2008 Lead 

NAAQS’’ at the end of the table to 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 

*******

Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 

NAAQS.

Statewide .... 1/3/2013 

8/14/2013 

7/16/2014 [Insert page number 

where the document begins].

This action addresses the following 

CAA elements: 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), 

(K), (L) and (M) 

[FR Doc. 2014–16556 Filed 7–15–14; 8:45 am] 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 41439 

1PM2.5 refers to particulate matter of 2.5 microns 

or less in diameter, oftentimes referred to as ‘‘fine’’ 

particles. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0888; FRL–9913–59– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois, 

Michigan, Minnesota, Wisconsin; 

Infrastructure SIP Requirements for 

the 2008 Lead NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of state 

implementation plan (SIP) submissions 

from Michigan and Wisconsin while 

taking final action to approve some 

elements and disapprove other elements 

of SIP submissions from Illinois and 

Minnesota regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2008 lead 

National Ambient Air Quality Standards 

(2008 Pb NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. Illinois 

and Minnesota already administer 

federally promulgated regulations that 

address the final disapprovals described 

in today’s rulemaking. Therefore, these 

two states are not obligated to submit 

new or additional regulations to EPA. 

DATES: This final rule is effective on 

August 15, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2011–0888. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly-available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the U.S. Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Andy Chang at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rulemaking associated with 

this final action was published on May 

13, 2014, and EPA received two 

comment letters during the comment 

period, which ended on June 12, 2014. 

One of the letters supported EPA’s 

proposed actions, and the concerns 

raised in the other letter, as well as 

EPA’s response, will be addressed in 

this final action. 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

B. Why did the states make these SIP 

submissions? 

C. What is the scope of this rulemaking? 

II. What is our response to comments 

received on the proposed rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews. 

I. What is the background of these SIP 

submissions? 

A. What state SIP submissions does this 

rulemaking address? 

This rulemaking addresses 

submissions from the following states in 

EPA Region 5: Illinois Environmental 

Protection Agency (Illinois EPA); 

Michigan Department of Environmental 

Quality (MDEQ); Minnesota Pollution 

Control Agency (MPCA); and Wisconsin 

Department of Natural Resources 

(WDNR). The states submitted their 

2008 Pb NAAQS infrastructure SIPs on 

the following dates: Illinois—December 

31, 2012; Michigan—April 3, 2012, and 

supplemented on August 9, 2013, and 

September 19, 2013; Minnesota—June 

19, 2012; and, Wisconsin—July 26, 

2012. 

B. Why did the states make these SIP 

submissions? 

Under sections 110(a)(1) and (2) of the 

CAA, states are required to submit 

infrastructure SIPs to ensure that their 

SIPs provide for implementation, 

maintenance, and enforcement of the 

NAAQS, including the 2008 Pb NAAQS. 

These submissions must contain any 

revisions needed for meeting the 

applicable SIP requirements of section 

110(a)(2), or certifications that their 

existing SIPs for Pb and ozone already 

meet those requirements. 

EPA highlighted this statutory 

requirement in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

Memo). On September 25, 2009, EPA 

issued an additional guidance document 

pertaining to the 2006 PM2.51 NAAQS 

entitled ‘‘Guidance on SIP Elements 

Required Under Sections 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS)’’ (2009 Memo), 

followed by the October 14, 2011, 

‘‘Guidance on infrastructure SIP 

Elements Required Under Sections 

110(a)(1) and (2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards 

(NAAQS)’’ (2011 Memo). Most recently, 

EPA issued ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and (2)’’ on September 13, 

2013 (2013 Memo). The SIP submissions 

referenced in this rulemaking pertain to 

the applicable requirements of section 

110(a)(1) and (2), and primarily address 

the 2008 Pb NAAQS. To the extent that 

the prevention of significant 

deterioration (PSD) program is 

comprehensive and non-NAAQS 

specific, a narrow evaluation of other 

NAAQS, such as the 1997 ozone and 

2006 PM2.5 NAAQS will be included in 

the appropriate sections. 

C. What is the scope of this rulemaking? 

EPA is acting upon the SIP 

submissions from Illinois, Michigan, 

Minnesota, and Wisconsin that address 

the infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2008 Pb NAAQS. The requirement for 

states to make a SIP submission of this 

type arises out of CAA section 110(a)(1). 

Pursuant to section 110(a)(1), states 

must make SIP submissions ‘‘within 3 

years (or such shorter period as the 

Administrator may prescribe) after the 

promulgation of a national primary 

ambient air quality standard (or any 

revision thereof),’’ and these SIP 

submissions are to provide for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 


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