[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45475-45479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20834]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0398; FRL-9968-5-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Nonattainment New Source Review Requirements for the 2008 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the State of Maryland's state 
implementation plan (SIP). The revision is in response to EPA's 
February 3, 2017 Findings of Failure to Submit for various requirements 
relating to the 2008 8-hour ozone national ambient air quality 
standards (NAAQS). This SIP revision is specific to nonattainment new 
source review (NNSR) requirements. EPA is approving this revision in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on November 28, 2017 without further 
notice, unless EPA receives adverse written comment by October 30, 
2017. 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-2017-0398 at https://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#bedfcfcbd7d0d190d3dfccddd1cdfedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="c2a3b3b7abacadecafa3b0a1adb182a7b2a3eca5adb4">[email protected]</span></a>. 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, 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. 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: Mrs. Amy Johansen, (215) 814-2156, or 
by email at <a href="/cdn-cgi/l/email-protection#472d282f262934222969262a3e0722372669202831"><span class="__cf_email__" data-cfemail="4c2623242d223f2922622d21350c293c2d622b233a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 8, 2017, the Maryland Department of the Environment (MDE) 
submitted on behalf of the State of Maryland a formal revision, 
requesting EPA's approval for the SIP of its NNSR Certification for the 
2008 Ozone Standard (Revision 17-01). The SIP revision is in response 
to EPA's final 2008 8-hour ozone NAAQS Findings of Failure to Submit 
for NNSR requirements. See 82 FR 9158 (February 3, 2017). Specifically, 
Maryland is certifying that its existing NNSR program, covering the 
Baltimore Nonattainment Area (which includes Anne Arundel, Baltimore, 
Carroll, Harford, and Howard Counties and the city of Baltimore), the 
Philadelphia-Wilmington-Atlantic City Nonattainment Area (which 
includes Cecil County in Maryland), and the Washington, DC 
Nonattainment Area (which includes Calvert, Charles, Frederick, 
Montgomery, and Prince Georges Counties in Maryland) for the 2008 8-
hour ozone NAAQS, is at least as stringent as the requirements at 40 
CFR 51.165, as amended by the final rule titled ``Implementation of the 
2008 National Ambient Air Quality Standards

[[Page 45476]]

for Ozone: State Implementation Plan Requirements'' (SIP Requirements 
Rule), for ozone and its precursors.\1\ See 80 FR 12264 (March 6, 
2015).
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 8-hour ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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A. 2008 8-Hour Ozone NAAQS

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR 50.15, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area were classified as 
marginal nonattainment areas, and the Baltimore Area was classified as 
a moderate nonattainment for the 2008 8-hour ozone NAAQS on May 21, 
2012 (effective July 20, 2012) using 2008-2010 ambient air quality 
data. See 77 FR 30088. On March 6, 2015, EPA issued the final SIP 
Requirements Rule, which establishes the requirements that state, 
tribal, and local air quality management agencies must meet as they 
develop implementation plans for areas where air quality exceeds the 
2008 8-hour ozone NAAQS. See 80 FR 12264. Areas that were designated as 
marginal ozone nonattainment areas were required to attain the 2008 8-
hour ozone NAAQS no later than July 20, 2015, based on 2012-2014 
monitoring data. See 40 CFR 51.1103. The Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area did not attain the 2008 
8-hour ozone NAAQS by July 20, 2015; however, these areas did meet the 
CAA section 181(a)(5) criteria, as interpreted in 40 CFR 51.1107, for a 
1-year attainment date extension. See 81 FR 26697 (May 4, 2016). 
Therefore, on April 11, 2016, the EPA Administrator signed a final rule 
extending the Philadelphia-Wilmington-Atlantic City Area and the 
Washington, DC Area 2008 8-hour ozone NAAQS attainment date from July 
20, 2015 to July 20, 2016.\2\
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    \2\ EPA proposed approval of a Determination of Attainment (DOA) 
for the 2008 8-hour ozone NAAQS for the Philadelphia-Wilmington-
Atlantic City Area and the Washington, DC Area on April 18, 2017 and 
April 25, 2017, respectively. These proposed actions were based on 
complete, certified, and quality assured ambient air quality 
monitoring data for the 2013-2015 monitoring period. See 82 FR 18268 
(April 18, 2017) and 82 FR 19011 (April 25, 2017). It should be 
noted that a DOA does not alleviate the need for Maryland to certify 
that their existing SIP approved NNSR program is as stringent as the 
requirements at 40 CFR 51.165, as NNSR applies in nonattainment 
areas until an area has been redesignated to attainment. EPA expects 
to finalize the April 18, 2017 and April 25, 2017 DOAs in future 
rulemaking actions.
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    Moderate areas, such as the Baltimore Area, are required to attain 
the 2008 8-hour ozone NAAQS no later than July 20, 2018, six years 
after the effective date of the initial nonattainment designations.\3\ 
See 40 CFR 51.1103. The statutorily required DOA, for the Baltimore 
Area, which is due prior to the attainment date for the Area, has not 
passed and will be addressed in a future rulemaking action.
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    \3\ On June 1, 2015, EPA finalized a clean data determination 
(CDD) for the Baltimore Area. This determination was based upon 
complete, quality-assured, and certified ambient air quality 
monitoring data that shows the Baltimore Area has monitored 
attainment of the 2008 8-hour ozone NAAQS for the 2012-2014 
monitoring period. As a result of this determination, the 
requirement for the Baltimore Area to submit an attainment 
demonstration and associated reasonably available control measures 
(RACM), reasonable further progress plans (RFP), contingency 
measures, and other SIP revisions related to attainment of the 
standard are suspended for as long as the area continues to attain 
the 2008 8-hour ozone standard. See 80 FR 30941 (June 2, 2015). This 
action did not alleviate the need for Maryland to submit a NNSR 
Certification SIP revision, which is the subject of this rulemaking 
action.
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    Based on initial nonattainment designations for the 2008 8-hour 
ozone standard, as well as the March 6, 2015 final SIP Requirements 
Rule, Maryland was required to develop a SIP revision addressing 
certain CAA requirements for the Philadelphia-Wilmington-Atlantic City, 
Washington, DC, and Baltimore Areas, and submit to EPA a NNSR 
Certification SIP or SIP revision no later than 36 months after the 
effective date of area designations for the 2008 8-hour ozone NAAQS 
(i.e., July 20, 2015). See 80 FR 12264 (March 6, 2015). EPA is taking 
action on Maryland's May 8, 2017 NNSR Certification SIP revision. EPA's 
analysis of how this SIP revision addresses the NNSR requirements for 
the 2008 8-hour ozone NAAQS is provided in Section II below.

B. 2017 Findings of Failure To Submit SIP for the 2008 8-Hour Ozone 
NAAQS

    Areas designated nonattainment for the ozone NAAQS are subject to 
the general nonattainment area planning requirements of CAA section 172 
and also to the ozone-specific planning requirements of CAA section 
182.\4\ States in the ozone transport region (OTR), such as Maryland, 
are additionally subject to the requirements outlined in CAA section 
184.
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    \4\ Ozone nonattainment areas are classified based on the 
severity of their ozone levels (as determined based on the area's 
``design value,'' which represents air quality in the area for the 
most recent 3 years). The possible classifications for ozone 
nonattainment areas are Marginal, Moderate, Serious, Severe, and 
Extreme. See CAA section 181(a)(1).
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    Ozone nonattainment areas in the lower classification levels have 
fewer and/or less stringent mandatory air quality planning and control 
requirements than those in higher classifications. For a marginal area, 
such as the Philadelphia-Wilmington-Atlantic City Area and the 
Washington, DC Area, a state is required to submit a baseline emissions 
inventory, adopt a SIP requiring emissions statements from stationary 
sources, and implement a NNSR program for the relevant ozone standard. 
See CAA section 182(a). For a moderate area, such as the Baltimore 
Area, a state needs to comply with the marginal area requirements, plus 
additional requirements, including the requirement to submit a 
demonstration that the area will attain in 6 years, the requirement to 
adopt and implement certain emissions controls, such as reasonably 
available control technology (RACT), and the requirement for greater 
emissions offsets for new or modified major stationary sources under 
the state's NNSR program. For each higher ozone nonattainment 
classification, a state needs to comply with all lower area 
classification requirements, plus additional emissions controls and 
more expansive NNSR offset requirements.
    The CAA sets out specific requirements for states in the OTR.\5\ 
Upon promulgation of the 2008 8-hour ozone NAAQS, states in the OTR 
were required to submit a SIP revision for RACT. See 40 CFR 51.1116. 
This requirement is the only recurring obligation for an OTR state upon 
revision of a NAAQS, unless that state also contains some portion of a 
nonattainment area for the revised NAAQS. In that case, the 
nonattainment requirements described previously also apply to those 
portions of that state.
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    \5\ CAA section 184 details specific requirements for a group of 
states (and the District of Columbia) that make up the OTR. States 
in the OTR are required to submit RACT SIP revisions and mandate a 
certain level of emissions control for the pollutants that form 
ozone, even if the areas in the state meet the ozone standards.
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    In the March 6, 2015 SIP Requirements Rule, EPA detailed the

[[Page 45477]]

requirements applicable to ozone nonattainment areas, as well as 
requirements that apply in the OTR, and provided specific deadlines for 
SIP submittals.
    On February 3, 2017, EPA found that 15 states and the District of 
Columbia failed to submit SIP revisions in a timely manner to satisfy 
certain requirements for the 2008 8-hour ozone NAAQS that apply to 
nonattainment areas and/or states in the OTR. See 82 FR 9158. As 
explained in that rulemaking action, consistent with the CAA and EPA 
regulations, these findings of failure to submit established certain 
deadlines for the imposition of sanctions, if a state does not submit a 
timely SIP revision addressing the requirements for which the finding 
is being made, and for the EPA to promulgate a federal implementation 
plan (FIP) to address any outstanding SIP requirements.
    EPA found that the State of Maryland failed to submit SIP revisions 
in a timely matter to satisfy NNSR requirements for its marginal and 
moderate nonattainment areas, specifically the Philadelphia-Wilmington-
Atlantic City Area, the Washington, DC Area, and the Baltimore Area.\6\ 
Maryland submitted its May 8, 2017 SIP revision to address the specific 
NNSR requirements for the 2008 8-hour ozone NAAQS, located in 40 CFR 
51.160-165, as well as its obligations under EPA's February 3, 2017 
Findings of Failure to Submit. EPA's analysis of how this SIP revision 
addresses the NNSR requirements for the 2008 8-hour ozone NAAQS and the 
Findings of Failure to Submit is provided in Section II below.
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    \6\ The EPA found that the State of Maryland also failed to 
submit SIP revisions for inspection and maintenance (I/M) basic and 
nitrogen oxide RACT for major sources. These SIP requirements will 
be addressed in separate rulemaking actions and will not be 
discussed here. See 82 FR 9158 (February 3, 2017).
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II. Summary of SIP Revision and EPA Analysis

    This rulemaking action is specific to Maryland's NNSR requirements. 
NNSR is a preconstruction review permit program that applies to new 
major stationary sources or major modifications at existing sources 
located in a nonattainment area.\7\ The specific NNSR requirements for 
the 2008 8-hour ozone NAAQS are located in 40 CFR 51.160-165. The SIP 
Requirements Rule explained that, for each nonattainment area, a NNSR 
plan or plan revision was due no later than 36 months after the 
effective date of area designations for the 2008 8-hour ozone standard 
(i.e., July 20, 2015).\8\
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    \7\ See CAA sections 172(c)(5), 173 and 182.
    \8\ With respect to states with nonattainment areas subject to a 
finding of failure to submit NNSR SIP revisions, such revisions 
would no longer be required if the area were redesignated to 
attainment. The CAA's prevention of significant deterioration (PSD) 
program requirements apply in lieu of NNSR after an area is 
redesignated to attainment. For areas outside the OTR, NNSR 
requirements do not apply in areas designated as attainment.
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    The minimum SIP requirements for NNSR permitting programs for the 
2008 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR 
51.1114. These NNSR program requirements include those promulgated in 
the ``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS (75 FR 
71018 (November 29, 2005)) and the SIP Requirements Rule implementing 
the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule, the SIP for each 
ozone nonattainment area must contain NNSR provisions that: Set major 
source thresholds for oxides of nitrogen (NO<INF>X</INF>) and volatile 
organic compounds (VOC) pursuant to 40 CFR 51.165(a)(1)(iv)(A)(1)(i)-
(iv) and (2); classify physical changes as a major source if the change 
would constitute a major source by itself pursuant to 40 CFR 
51.165(a)(1)(iv)(A)(3); consider any significant net emissions increase 
of NO<INF>X</INF> as a significant net emissions increase for ozone 
pursuant to 40 CFR 51.165(a)(1)(v)(E); consider certain increases of 
VOC emissions in extreme ozone nonattainment areas as a significant net 
emissions increase and a major modification for ozone pursuant to 40 
CFR 51.165(a)(1)(v)(F); set significant emissions rates for VOC and 
NO<INF>X</INF> as ozone precursors pursuant to 40 CFR 
51.165(a)(1)(x)(A)-(C) and (E); contain provisions for emissions 
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); 
provide that the requirements applicable to VOC also apply to 
NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(8); and set offset ratios 
for VOC and NO<INF>X</INF> pursuant to 40 CFR 51.165(a)(9)(i)-(iii) 
(renumbered as (a)(9)(ii)-(iv) under the SIP Requirements Rule for the 
2008 8-hour ozone NAAQS). Under the SIP Requirements Rule for the 2008 
8-hour ozone NAAQS, the SIP for each ozone nonattainment area 
designated nonattainment for the 2008 8-hour ozone NAAQS and designated 
nonattainment for the 1997 ozone NAAQS on April 6, 2015, must also 
contain NNSR provisions that include the anti-backsliding requirements 
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
    Maryland's longstanding SIP approved NNSR program, established in 
Code of Maryland Regulations (COMAR) Air Quality Rule COMAR 26.11.17--
Nonattainment Provisions for Major New Sources and Major Modifications, 
applies to the construction and modification of major stationary 
sources in nonattainment areas. In its May 8, 2017 SIP revision, 
Maryland certifies that the version of the Air Quality Rule COMAR 
26.11.17 in the SIP is at least as stringent as the federal NNSR 
requirements for the Philadelphia-Wilmington-Atlantic City Area, the 
Washington, DC Area, and the Baltimore Area. EPA last approved 
revisions to the SIP approved version of Maryland's NNSR rule in 2012 
addressing, among other things, NSR Reform and NO<INF>X</INF> as a 
precursor to ozone. See 77 FR 45949 (August 2, 2012).\9\
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    \9\ On August 30, 2012, EPA published a rulemaking correcting 
minor errors in their August 2, 2012 final rule. The correction of 
these errors did not change EPA's final action to approve the 
Maryland regulations. See 77 FR 52605.
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    EPA notes that neither COMAR 26.11.17 nor Maryland's approved SIP 
have the regulatory provision for any emissions change of VOC in 
extreme nonattainment areas, specified in 40 CFR 51165(a)(1)(v)(F), 
because Maryland has never had an area designated extreme nonattainment 
for any of the ozone NAAQS. Thus, the Maryland SIP is not required to 
have this requirement for VOC in extreme nonattainment areas until such 
time as Maryland has an extreme ozone nonattainment area. Additionally, 
there are no anti-backsliding provisions found in 40 CFR 51.165(a)(12) 
in either COMAR 26.11.17 or the Maryland SIP because Maryland's major 
stationary source thresholds were established for the 1997 8-hour ozone 
NAAQS nonattainment designations, which were and continue to be more 
stringent. Thus, antibacksliding requirements are not required. 
Maryland has not changed these major stationary source threshold 
provisions in COMAR 26.11.17.01(17), so they remain in Maryland's 
federally-approved SIP.\10\ All of the sources located in the 2008 8-
hour ozone nonattainment areas in Maryland are required to meet a major 
stationary source threshold of 25 tons or more per year of VOC or 
NO<INF>X</INF>.
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    \10\ Under the 1997 8-hour ozone NAAQS, the Baltimore Area was 
classified as serious nonattainment and the Philadelphia-Wilmington-
Atlantic City and Washington, DC Areas were classified as moderate 
nonattainment.
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    The version of COMAR 26.11.17 that is contained in the current SIP 
has not changed since the 2012 rulemaking where EPA last approved 
Maryland's NNSR provisions. This version of the rule covers the 
Philadelphia-Wilmington-Atlantic City, Washington, DC, and Baltimore 
Nonattainment Areas

[[Page 45478]]

and remains adequate to meet all applicable NNSR requirements for the 
2008 8-hour ozone NAAQS in 40 CFR 51.165, the Phase 2 Rule and the SIP 
Requirements Rule. A detailed description of the state submittal and 
EPA's evaluation is included in a technical support document (TSD) 
prepared in support of this rulemaking action. A copy of the TSD is 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document or is also available electronically 
within the Docket for this rulemaking action.

III. Final Action

    EPA is approving Maryland's May 8, 2017 SIP revision addressing the 
NNSR requirements for the 2008 ozone NAAQS for the Philadelphia-
Wilmington-Atlantic City, Washington, DC, and Baltimore Areas. EPA has 
concluded that the State's submission fulfills the 40 CFR 51.1114 
revision requirement, meets the requirements of CAA sections 110 and 
172 and the minimum SIP requirements of 40 CFR 51.165, as well as its 
obligations under EPA's February 3, 2017 Findings of Failure to Submit. 
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 November 28, 2017 without further notice 
unless EPA receives adverse comment by October 30, 2017. 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.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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 November 28, 2017. 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 comment in the proposed 
rulemaking action. This action approving Maryland's 2008 8-hour ozone 
NAAQS Certification SIP revision for NNSR 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: September 14, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding 
the entry ``2008 8-Hour Ozone NAAQS Nonattainment New Source Review

[[Page 45479]]

Requirements'' at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
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                                                  * * * * * * *
2008 8-Hour Ozone NAAQS            The Baltimore Area           5/8/17  9/29/17 [insert
 Nonattainment New Source Review    (includes Anne                       Federal Register
 Requirements.                      Arundel,                             citation].
                                    Baltimore,
                                    Carroll, Harford,
                                    and Howard
                                    Counties and the
                                    city of
                                    Baltimore), the
                                    Philadelphia-
                                    Wilmington-
                                    Atlantic City Area
                                    (includes Cecil
                                    County in
                                    Maryland), and the
                                    Washington, DC
                                    Area (includes
                                    Calvert, Charles,
                                    Frederick,
                                    Montgomery, and
                                    Prince Georges
                                    Counties in
                                    Maryland).
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[FR Doc. 2017-20834 Filed 9-28-17; 8:45 am]
 BILLING CODE 6560-50-P


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