9650 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 

support document (TSD) prepared in 

support of this proposed rulemaking. A 

copy of this TSD is located in the docket 

of this proposed rulemaking. 

III. Proposed Action 

EPA is proposing to approve the 

District of Columbia’s SIP revisions 

submitted on January 26, 2010, March 

24, 2011 and March 15, 2012, adopting 

VOC RACT requirements for various 

source categories. EPA is also proposing 

to approve the District’s negative 

declarations pursuant to section 

182(b)(2)(A) of the CAA for those CTG 

categories where no sources are located 

in the District. EPA is soliciting public 

comments on the issues discussed in 

this document. These comments will be 

considered before taking final action. 

IV. Statutory and Executive Order 

Reviews 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule, 

pertaining to District’s amendments to 

regulations for the control of VOCs, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 29, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–02920 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0982; FRL–9777–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendments to Maryland’s 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland for the purpose of adopting 

through incorporation by reference the 

national ambient air quality standards 

(NAAQS). In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because 

EPA views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by March 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0982 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Mastro.Donna@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0982, 

Donna Mastro, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, 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– 

0982. 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 ww.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 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 9651 

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: 

Christopher Cripps, (215) 814–2179, or 

by email at Cripps.Christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information regarding 

Maryland’s adoption through 

incorporation by reference of the 

national ambient air quality standards 

(NAAQS), please see the information 

provided in the direct final action, with 

the same title, that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

Dated: January 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–02926 Filed 2–8–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0494: FRL–9778–7] 

Approval and Promulgation of 

Implementation Plans; Oregon: Heat 

Smart Program and Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve multiple revisions to Oregon’s 

State Implementation Plan (SIP) 

submitted to the EPA by the Oregon 

Department of Environmental Quality 

(ODEQ) on October 5, 2011, June 8, 

2012, and November 28, 2012. The 

October 5, 2011 submission contains 

revisions to the Heat Smart program and 

to the enforcement procedures and civil 

penalties in Oregon Administrative 

Rules (OAR) Chapter 340, Division 12 

(OAR 340–12). The June 8, 2012 

submission contains additional 

revisions to the Heat Smart program, 

along with minor revisions and 

clarifications to general air pollution 

definitions (OAR 340–200), rules for 

stationary source notification 

requirements (OAR 340–210), and 

requirements for fuel burning (OAR 

340–228). The November 28, 2012 

submission contains revisions to 

approve the inclusion of expedited 

enforcement offers and updated penalty 

classifications and criteria (OAR 340– 

012). 

DATES: Comments must be received on 

or before March 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2012–0494, by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Mail: Justin A. Spenillo, EPA, 

Office of Air, Waste, and Toxics, AWT– 

107, 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101. 

C. Email: R10-Public_Comments@

epa.gov. 

D. Hand Delivery: EPA, Region 10 

Mailroom, 9th Floor, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

Attention: Justin A. Spenillo, Office of 

Air Waste, and Toxics, AWT–107. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2012– 

0494. The 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 

that is restricted by statute from 

disclosure. 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 the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 that is restricted by statute 

from disclosure. 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 at www.regulations.gov or 

in hard copy during normal business 

hours at the Office of Air, Waste and 

Toxics, EPA Region 10, 1200 Sixth 

Avenue, Seattle, Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Justin A. Spenillo, (206) 553–6125; or by 

email at spenillo.justin@epa.govmailto:

body.steve@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. This Action 

II. Why are we proposing to approve these 

revisions? 

A. The EPA’s Review of OAR Chapter 340, 

Division 262 Heat Smart Program for 

Residential Woodstoves and Other Solid 

Fuel Heating Devices (October 5, 2011 

and June 8, 2012 Submittals) 

B. The EPA’s Review of OAR Chapter 340, 

Division 12 Rules (October 5, 2011 and 

November 28, 2012 Submittals) 

C. The EPA’s Review of OAR Chapter 340, 

Divisions 200, 210, and 228 Rules (June 

8, 2012 Submittal) 

D. The EPA’s Review of OAR 340–200– 

0040 (October 5, 2011, June 8, 2012, and 

November 28, 2012 Submittals) 

III. Summary of Action 

IV. Statutory and Executive Orders Review 

I. This Action 

Title I of the CAA, as amended by 

Congress in 1990, specifies the general 

requirements for states to submit SIPs to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) and the EPA’s actions 

regarding approval of those SIPs. In this 

action, we are proposing to approve and 

incorporate by reference (IBR) revisions 


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