Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations 26133 

‘‘Counseling Psychologist (CP) or 

Vocational Rehabilitation Counselor 

(VRC)’’. 

[FR Doc. 2016–10112 Filed 4–29–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0127; FRL–9945–44– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; State Board Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The SIP revision removes the 

current SIP approved state board 

requirements and replaces them with an 

updated version of the requirements. 

The new provisions continue to address 

state board requirements for all the 

National Ambient Air Quality Standards 

(NAAQS). The revision is being done 

because the Maryland legislature 

revised Maryland’s statutory 

requirements related to state boards and 

the State wants the most recent version 

in its SIP. EPA is approving these 

revisions to state board requirements in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on July 1, 

2016 without further notice, unless EPA 

receives adverse written comment by 

June 1, 2016. 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 No. EPA–R03– 

OAR–2016–0127 at http://

www.regulations.gov, or via email to 

fernandez.cristina@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, 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 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 128 of the CAA requires SIPs 

to comply with requirements for state 

boards. Section 128(a) requires SIPs to 

contain provisions that: (1) Any board 

or body which approves permits or 

enforcement orders under the CAA shall 

have at least a majority of its members 

represent the public interest and not 

derive any significant portion of their 

income from persons subject to permits 

or enforcement orders under the CAA; 

and (2) any potential conflict of interest 

by members of such board or body or 

the head of an executive agency with 

similar powers be adequately disclosed. 

The requirements of section 128(a)(1) 

are not applicable to Maryland because 

it does not have any board or body 

which approves air quality permits or 

enforcement orders. The requirements 

of section 128(a)(2), however, are 

applicable because the heads of the 

Maryland Department of the 

Environment (MDE) and the Maryland 

Public Service Commission (PSC) or 

their designees approve permits or 

enforcement orders. 

II. Summary of SIP Revision 

On February 17, 2016, the State of 

Maryland submitted a formal revision 

(#16–03) to its SIP. The SIP revision 

submittal requests EPA to remove the 

currently approved state board statutory 

provisions and replace them in the 

Maryland SIP with the updated 

statutory provisions so that the SIP 

includes the most recent state statutes 

that are applicable to the section 128 

CAA requirements pertaining to state 

boards. 

On December 6, 2013 (78 FR 73442), 

EPA approved a Maryland SIP revision 

which addressed the requirements of 

section 128 of the CAA. The 2013 

revision incorporated portions of the 

Annotated Code of Maryland Title 15 

(Public Ethics) into the Maryland SIP. 

Subsequently, Maryland made revisions 

to its Annotated Code which included 

relocating the ethics provisions from 

Title 15 to Title 5, as well as minor 

wording changes. Maryland is 

requesting that EPA remove the 

previously approved portions of Title 15 

from its SIP and replace those 

provisions with the most recent portions 

of the Annotated Code of Maryland Title 

5 (Maryland Public Ethics Laws) which 

address CAA section 128 requirements. 

The Secretary of MDE and the state 

employees subordinate to that position, 

as well as state employees at the PSC are 

subject to the requirements of Title 5. 

EPA is removing the previously 

approved portions of Title 15, including 

these portions of: Subtitle 1, sections 

15–102 and 15–103; and subtitle 6, 

sections 15–601, 15–602, 15–607, and 

15–608. In order to continue to meet the 

requirements of CAA section 128, EPA 

is incorporating as requested by 

Maryland the relevant ethics provisions 

of Title 5 (Maryland Public Ethics Laws) 

including portions of: Subtitle 1, 

sections 5–101, 5–103; Subtitle 2, 

section 5–208; Subtitle 5, section 5–501; 

and Subtitle 6, sections 5–601, 5–602, 

5–606, 5–607, and 5–608. The State 

effective date for all these provisions in 

Title 5 of the Maryland Annotated Code 

subsections is October 1, 2014. 

III. EPA’s Analysis of Maryland’s SIP 

Revision 

Section 128(a)(2) requires that each 

state SIP demonstrate that the head of 

all boards, bodies or heads of executive 

agencies which approve CAA permits or 

enforcement orders disclose any 

potential conflicts of interest. The 

Secretary of MDE or his/her designee 

approves all CAA permits or 

enforcement orders in Maryland with 

the exception of pre-construction 

permits for electric generating stations 

that receive a Certificate of Public 

Convenience and Necessity (CPCN) 

from the PSC. MDE is an executive 

agency that acts through its Secretary or 

a delegated subordinate employee. The 

PSC also acts through its Commissioners 

or delegated subordinates to approve 

permits. In the February 17, 2016 SIP 

revision submittal, Maryland requested 

removal of outdated provisions of Title 

15 of the Annotated Code which address 

disclosure of conflicts of interest as 

required by section 128 of the CAA and 

submitted recently revised provisions of 

Title 5 of the Annotated Code of 

Maryland for inclusion into the SIP as 

required to continue to address 

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26134 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations 

requirements in section 128 of the CAA. 

Title 5 of the Annotated Code of 

Maryland applies to state employees 

including the head of the Maryland 

executive agencies or their delegatees 

who approve CAA permits or 

enforcement orders and requires the 

disclosure of relevant financial 

information including the disclosure of 

any potential conflicts of interest. The 

February 17, 2016 SIP revision 

submittal reflects existing Maryland law 

and demonstrates that Maryland 

complies with the requirements of 

section 128 of the CAA through the 

Maryland Title 5 requirements for 

adequate disclosure of potential 

conflicts of interest. The revisions made 

only minor wording changes to the 

Maryland disclosure of conflict of 

interest provisions and moved these 

disclosure provisions from Title 15 to 

Title 5 of the Annotated Code. 

IV. Final Action 

EPA is approving Maryland’s SIP 

revision that removes outdated state 

board provisions addressing disclosure 

of conflicts of interest by persons or 

entities within Maryland who approve 

permits and enforcement orders with 

recently revised and currently effective 

similar statutory provisions also 

addressing state board requirements for 

section 128 of the CAA including 

disclosure of conflicts of interest. EPA is 

publishing this rule without prior 

proposal because EPA 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 July 

1, 2016 without further notice unless 

EPA receives adverse comment by June 

1, 2016. 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. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

relevant portions of Title 5 of the 

Annotated Code of Maryland as 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or may be 

viewed at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 July 1, 2016. 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 

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Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Rules and Regulations 26135 

comment in the proposed rulemaking 

action. This action updating the 

Maryland SIP provisions to address 

state board requirements in section 128 

of the CAA for all the 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 8, 2016, 

Shawn M. Garvin, 

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 

(c) is amended by: 

■ a. Removing the entries under heading 

‘‘State Government Article of the 

Annotated Code of Maryland’’ for 

Sections 15–102, 15–103, 15–601, 15– 

602, 15–607, 15–608; and 

■ b. Adding entries under heading 

‘‘State Government Article Annotated 

Code of Maryland’’ for Sections 5–101, 

5–103, 5–208, 5–501, 5–601, 5–602, 5– 

606, 5–607, and 5–608. 

The additions read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

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

Annotated Code of Maryland 

Citation Title/subject State effective date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

*******

State Government Article of the Annotated Code of Maryland 

Section 5–101 (a),(e),(f), 

(g)(1)and (2), (h), (i), (j), 

(m), (n), (p), (s),(t),(bb), 

(ff),(gg), (ll).

Definitions .............................. 10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–103(a) through (c) .. Designation of Individuals as 

Public Officials.

10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–208(a) .................... Determination of public official 

in executive agency.

10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–501(a) and (c) ........ Restrictions on participation .. 10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–601(a) .................... Individuals required to file 

statement.

10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–602(a) .................... Financial Disclosure Statement—Filing Requirements.10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–606(a) .................... Public Records ....................... 10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–607(a) through (j) ... Content of statements ........... 10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

Section 5–608(a) through (c) .. Interests attributable to individual filing statement.10/01/14 05/02/16 [Insert Federal Register citation].Added; addresses CAA section 128. 

* * * * * 

[FR Doc. 2016–09438 Filed 4–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0030; FRL–9942–47] 

Carfentrazone-ethyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of Carfentrazoneethyl in or on multiple commodities 

which are identified and discussed later 

in this document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

2, 2016. Objections and requests for 

hearings must be received on or before 

July 1, 2016, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0030, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

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