39968 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

1 72 FR 20586 (April 25, 2007). 

2 706 F.3d 428 (D.C. Cir. 2013). 

3The court’s opinion did not specifically address 

the point that implementation under subpart 4 

requirements would still require consideration of 

subpart 1 requirements, to the extent that subpart 

4 did not override subpart 1. EPA assumes that the 

court presumed that EPA would address this issue 

of potential overlap between subpart 1 and subpart 

4 requirements in subsequent actions. 

Dated: June 9, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(363)(i)(F) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) * * * 

(i) * * * 

(F) South Coast Air Quality 

Management District. 

(1) Rule 223, ‘‘Emission Reduction 

Permits for Large Confined Animal 

Facilities,’’ adopted on June 2, 2006. 

* * * * * 

[FR Doc. 2015–16925 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0833; FRL–9930–31– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Preconstruction 

Requirements—Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted on August 22, 2013 by the 

Maryland Department of the 

Environment (MDE) on behalf of the 

State of Maryland. This revision 

pertains to Maryland’s major 

nonattainment New Source Review 

(NSR) program, notably preconstruction 

permitting requirements for sources of 

fine particulate matter (PM2.5). This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

August 12, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0833. 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: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 25, 2015 (80 FR 15713), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of revisions to Maryland’s 

major nonattainment NSR program, 

notably preconstruction permitting 

requirements for sources of fine 

particulate matter (PM2.5). The formal 

SIP revision (#13–06) was submitted by 

MDE on August 22, 2013. 

Generally, the revisions incorporate 

provisions related to the 2008 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR PM2.5 Rule). 73 FR 

28321 (May 16, 2008). As discussed in 

the NPR, the 2008 NSR PM2.5 Rule (as 

well as the 2007 ‘‘Final Clean Air Fine 

Particle Implementation Rule’’ (2007 

PM2.5 Implementation Rule) 1), was the 

subject of litigation before the United 

States Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) in 

Natural Resources Defense Council v. 

EPA (hereafter, NRDC v. EPA).2 On 

January 4, 2013, the D.C. Circuit 

remanded to EPA both the 2007 PM2.5

Implementation Rule and the 2008 NSR 

PM2.5 Rule. The court found that in both 

rules EPA erred in implementing the 

1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) solely 

pursuant to the general implementation 

provisions of subpart 1 of part D of title 

I of the CAA (subpart 1), rather than 

pursuant to the additional 

implementation provisions specific to 

particulate matter in subpart 4 of part D 

of title I (subpart 4).3 However, as was 

also discussed in the NPR, EPA’s final 

actions redesignating all of the areas in 

Maryland which were nonattainment for 

the 1997 PM2.5 NAAQS to attainment 

obviated the need for MDE to submit a 

nonattainment NSR SIP addressing 

PM2.5 requirements, including those 

under subpart 4. See 80 FR 15714. EPA, 

therefore, did not evaluate MDE’s 

August 22, 2013 SIP revision submittal 

for compliance with subpart 4. To the 

extent that any area in Maryland is 

designated as nonattainment for PM2.5

in the future, MDE will have to make a 

submittal under CAA section 189 

addressing how its nonattainment NSR 

permitting program satisfies all of the 

statutory requirements pertaining to 

PM2.5, including subpart 4. 

II. Summary of SIP Revision 

The 2008 NSR PM2.5 Rule: (1) 

Required NSR permits to address 

directly emitted PM2.5 and precursor 

pollutants; (2) established significant 

emission rates for direct PM2.5 and 

precursor pollutants (including sulfur 

dioxide (SO2) and oxides of nitrogen 

(NOX)); (3) established PM2.5 emission 

offsets; and (4) required states to 

account for gases that condense to form 

particles (condensables) in PM2.5

emission limits. 

To implement these provisions, 

Maryland amended Regulation .01 

under COMAR 26.11.01 (General 

Administrative Provisions) and 

Regulations .01 and .02 under COMAR 

26.11.17 (Nonattainment Provisions for 

Major New Sources and Major 

Modifications). The general definitions 

at COMAR 26.11.01.01 were amended to 

add definitions of ‘‘PM2.5’’ and ‘‘PM2.5

emissions.’’ COMAR 26.11.17 contains 

the preconstruction requirements for 

new major stationary sources and major 

modifications locating in nonattainment 

areas. The definitions of ‘‘regulated NSR 

pollutant’’ and ‘‘significant’’ under 

COMAR 26.11.17.01 were amended. 

The amended definitions require that 

sources account for the condensable 

fraction of PM10 and PM2.5, require that 

NOX and SO2 be regulated as precursors 

to PM10 and PM2.5, and establish 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 39969 

significant emission rates (SERs) for 

PM2.5 and its precursors. COMAR 

26.11.17.02 was revised to specify that 

all of the major nonattainment NSR 

preconstruction requirements of the 

chapter are applicable to new major 

stationary sources and major 

modifications that are major for PM2.5 or 

its precursors. COMAR 26.11.17.02 was 

also revised to clarify that in addition to 

the requirements of that chapter, the 

Prevention of Significant Deterioration 

(PSD) requirements of COMAR 

26.11.04.16 may also apply to sources 

locating in nonattainment areas. 

Other specific requirements of MDE’s 

August 22, 2013 SIP revision submittal 

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 MDE’s August 22, 

2013 submittal as a revision to the 

Maryland SIP. 

IV. 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 MDE 

rules regarding definitions and 

permitting requirements discussed in 

section II of this preamble. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. 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 11, 2015. 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 Maryland’s nonattainment 

NSR program 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 26, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations 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 revising the entries 

for COMAR 26.11.01.01, 26.11.17.01, 

and 26.11.17.02 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 


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39970 Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Rules and Regulations 

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 

26.11.01 General Administrative Provisions 

26.11.01.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register 

citation].

* * * * * * * 

26.11.17 Requirements for Major New Sources and Modifications 

26.11.17.01 ............... Definitions ................................... 7/8/13 7/13/15 [Insert Federal Register 

citation].

26.11.17.02 ............... Applicability ................................ 7/8/13 7/13/15 [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–16918 Filed 7–10–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2014–0870; FRL–9930–49- 

Region 4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Tennessee; Redesignation 

of the Knoxville 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking four separate 

final actions related to a state 

implementation plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

Division of Air Pollution Control, on 

November 14, 2014, for the Knoxville, 

Tennessee 8-hour ozone nonattainment 

area (hereinafter referred to as the 

‘‘Knoxville Area’’ or ‘‘Area’’). The 

Knoxville Area includes a portion of 

Anderson County as well as Blount and 

Knox Counties in their entireties. EPA is 

approving the base year emissions 

inventory for the 2008 8-hour ozone 

national ambient air quality standards 

(NAAQS) for the Knoxville Area; 

determining that the Knoxville Area is 

attaining the 2008 8-hour ozone 

NAAQS; approving into the SIP the 

State’s plan for maintaining attainment 

of the 2008 8-hour ozone NAAQS in the 

Area, including the 2011 and 2026 

motor vehicle emission budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOC); and 

redesignating the Area to attainment for 

the 2008 8-hour ozone NAAQS. EPA is 

also finding the 2011 and 2026 MVEBs 

for NOX and VOC for the Knoxville Area 

adequate for the purposes of 

transportation conformity. 

DATES: This rule is effective August 12, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0870. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 at 

the Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann or Tiereny Bell of the Air 

Regulatory Management Section, in the 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann may be reached by phone at (404) 

562–9029 or via electronic mail at 

spann.jane@epa.gov. Ms. Bell may be 

reached by phone at (404) 562–9088 or 

via electronic mail at bell.tiereny@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Final Actions 

On May 21, 2012, EPA designated 

areas as unclassifiable/attainment or 

nonattainment for the 2008 8-hour 

ozone NAAQS that was promulgated on 

March 27, 2008. See 77 FR 30088. The 

Knoxville Area was designated as 

nonattainment for the 2008 8-hour 

ozone NAAQS and classified as a 

marginal nonattainment area. On 

November 14, 2014, TDEC requested 

that EPA redesignate the Area to 

attainment for the 2008 8-hour ozone 

NAAQS and submitted a SIP revision 

containing a base year emissions 

inventory for the Area to address the 

requirements of Clean Air Act (CAA or 

Act) section 182(a)(1) and the State’s 

plan for maintaining attainment of the 

2008 8-hour ozone standard in the Area, 

including the 2011 and 2026 MVEBs for 

NOX and VOC. In a notice of proposed 

rulemaking (NPR) published on May 21, 

2015, EPA proposed to approve the base 

year emissions inventory for the 2008 8- 

hour ozone NAAQS for the Knoxville 

Area; to determine that the Knoxville 

Area is attaining the 2008 8-hour ozone 

NAAQS; to approve into the SIP the 


srobinson on DSK5SPTVN1PROD with RULES