33172 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 

■ 2. Add § 165.T11–320 to read as 

follows: 

§ 165.T11–320 Safety Zone; City of 

Martinez 4th of July Fireworks, Martinez, 

CA. 

(a) Location. This temporary safety 

zone is established for the waters of 

Martinez, CA. The fireworks launch site 

will be located in position 38°01′31.77′′ 

N., 122°08′23.75′′ W. (NAD 83). The 

temporary safety zone applies to the 

navigable waters around the fireworks 

site within a radius of 500 feet. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–16 or through the 24-hour 

Command Center at telephone (415) 

399–3547. 

(d) Effective period. This section is 

effective from 9 p.m. through 10:15 p.m. 

on July 4, 2010. 

Dated: May 28, 2010. 

P.M. Gugg, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2010–14034 Filed 6–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0956; FRL–9160–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonable Further 

Progress Plan, 2002 Base Year 

Emission Inventory, Contingency 

Measures, Reasonably Available 

Control Measures, and Transportation 

Conformity Budgets for the 

Philadelphia 1997 8-Hour Moderate 

Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Maryland State Implementation Plan 

(SIP) to meet the reasonable further 

progress (RFP) plan, the 2002 base year 

emissions inventory, RFP contingency 

measure, and reasonably available 

control measure (RACM) requirements 

of the Clean Air Act (CAA) for the 

Maryland portion of the Philadelphia 

moderate 1997 8-hour ozone 

nonattainment area. EPA is also 

approving the transportation conformity 

motor vehicle emissions budgets 

(MVEBs) associated with this revision. 

EPA is approving the SIP revision 

because it satisfies the emission 

inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrates 

further progress in reducing ozone 

precursors. EPA is approving the SIP 

revision pursuant to the CAA and EPA’s 

regulations. 

DATES: Effective Date: This final rule is 

effective on July 12, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0956. All 

documents in the docket are listed in 

the http://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 

http://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: 

Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 7, 2010 (75 FR 953), EPA 

published a notice of proposed 

rulemaking (NPR) for a SIP revision 

submitted by the State of Maryland. The 

NPR proposed approval of Maryland’s 

2002 base year emissions inventory, 

RFP plan, RFP contingency measures, 

RACM, and MVEBs for the Maryland 

portion of the Philadelphia moderate 

1997 8-hour ozone nonattainment area. 

EPA is approving the SIP revision 

because it satisfies the emission 

inventory, RFP, RACM, RFP 

contingency measure, and 

transportation conformity requirements 

of the section 110 and part D of the CAA 

and EPA’s regulations. The formal SIP 

revision was submitted by the State of 

Maryland on June 4, 2007. 

II. Summary of SIP Revision 

The SIP revision addresses emissions 

inventory, RACM, RFP and contingency 

measures requirements for the 1997 8- 

hour ozone NAAQS for the Maryland 

portion of the Philadelphia 8-hour 

ozone moderate nonattainment area. 

The SIP revision also establishes MVEBs 

for 2008. Other specific requirements of 

Maryland’s June 4, 2007 SIP revision for 

the Philadelphia 8-hour ozone 

nonattainment area and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

The following public comment was 

received on the NPR. 

Comment: An anonymous commenter 

submitted the comment: ‘‘We do not 

need tighter regulations on ozone. 

Ragweed is more of problem than 

smog.’’ 

Response: The comment, while 

vaguely expressing a general uncertainty 

about the rule, does not identify any 

particular defects in the rule substance 

or adoption. Importantly, the comment 

does not oppose EPA’s proposed full 

approval of the rule. Moreover, while 

the commenter expresses a general 

dislike for regulations addressing ozone 

pollution, the commenter does not 

question the legal obligation for the 

states to adopt and submit SIP revisions 

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Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 33173 

addressing these specific obligations for 

the 1997 8-hour ozone NAAQS. See 

generally CAA section 182(b) and 40 

CFR part 51 subpart X. EPA, therefore, 

believes that the commenter has not 

provided a basis for EPA to not move 

forward and approve the submitted SIP. 

III. Final Action 

EPA is approving the 2002 base year 

emissions inventory; the 2008 ozone 

projected emission inventory; the 2008 

RFP plan; RFP contingency measures; 

RACM analysis; and 2008 transportation 

conformity budgets for the Maryland 

portion of the Philadelphia 8-hour 

ozone nonattainment area, contained in 

Maryland’s June 4, 2007 SIP revision 

submittal for the Maryland portion of 

the Philadelphia 8-hour ozone 

nonattainment area. The SIP revision 

satisfies these requirements for 1997 8- 

hour ozone NAAQS nonattainment 

areas classified as moderate and 

demonstrates further progress in 

reducing ozone precursors. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 10, 2010. 

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 the Maryland portion of 

the Philadelphia moderate 1997 8-hour 

ozone nonattainment area’s 2002 base 

year emissions inventory, 2008 ozone 

projected emission inventory, 2008 RFP 

plan, RFP contingency measures, RACM 

analysis, and 2008 transportation 

conformity budgets 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 27, 2010. 

William C. Early, 

Acting Regional Administrator, EPA 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 

(e) is amended by adding at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOX and CO; and 

2008 RFP Transportation Conformity 

Budgets for the Maryland portion of the 

Philadelphia 1997 8-hour Ozone 

Moderate Nonattainment Area. 

The amendments read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) * * * 

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33174 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

Reasonable Further Progress Plan 

(RFP), Reasonably Available 

Control Measures, and Contingency Measures.

Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.6/4/07 6/11/10 [Insert page number 

where the document begins].

2002 Base Year Inventory for 

VOC, NOX, and CO.

Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.6/4/07 6/11/10 [Insert page number 

where the document begins].

2008 RFP Transportation Conformity Budgets.Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area.6/4/07 6/11/10 [Insert page number 

where the document begins].

■ 3. Section 52.1075 is amended by 

adding paragraph (j) to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(j) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventories for 

the Maryland portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007. This submittal consists of the 

2002 base year point, area, non-road 

mobile, and on-road mobile source 

inventories in area for the following 

pollutants: volatile organic compounds 

(VOC), carbon monoxide (CO) and 

nitrogen oxides (NOX). 

■ 4. Section 52.1076 is amended by 

adding paragraphs (s) and (t) to read as 

follows: 

§ 52.1076 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(s) EPA approves revisions to the 

Maryland State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the Maryland 

portion of the Philadelphia 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Maryland Department of the 

Environment on June 4, 2007. 

(t) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Maryland portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Maryland 

Department of the Environment on June 

4, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE MARYLAND PORTION OF THE PHILADELPHIA AREA

Type of control strategy SIP Year VOC 

(TPD) 

NOX

TPD) Effective date of adequacy determination or SIP approval 

Rate of Progress Plan .................... 2008 2.3 7.9 April 13, 2009, (74 FR 13433), published March 27, 2009. 

[FR Doc. 2010–13687 Filed 6–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0993; FRL–9160–2] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a portion of 

a State Implementation Plan (SIP) 

submitted by the State of New Mexico 

for the purpose of addressing the ‘‘good 

neighbor’’ provisions of the Clean Air 

Act (CAA) section 110(a)(2)(D)(i) for the 

1997 ozone National Ambient Air 

Quality Standard (NAAQS) and the 

1997 PM2.5 NAAQS. This SIP revision 

satisfies a portion of the State of New 

Mexico’s obligation to submit a SIP that 

demonstrates that adequate provisions 

are in place to prohibit air emissions 

from adversely affecting another state’s 

air quality through interstate transport. 

This rulemaking action is being taken 

under section 110 of the CAA and 

addresses one element of CAA section 

110(a)(2)(D)(i), which pertains to 

prohibiting air pollutant emissions from 

within New Mexico from contributing 

significantly to nonattainment of the 

1997 8-hour ozone and PM2.5 NAAQS in 

any other state. 

DATES: This final rule will be effective 

July 12, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2007–0993. All documents in the docket 

are listed at www.regulations.gov. 

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, 

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 Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Emad Shahin, Air Planning Section 

(6PD–L), Environmental Protection 

WReier-Aviles on DSKGBLS3C1PROD with RULES