[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Rules and Regulations]
[Pages 9593-9595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02928]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0982; FRL-9777-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendments to Maryland's Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
State of Maryland State Implementation Plan (SIP). The revisions
pertain to adoption through incorporation by reference of the national
ambient air quality standards (NAAQS) by the State of Maryland. EPA is
approving these revisions that adopt the NAAQS for ozone
(O3), sulfur dioxide (SO2), nitrogen dioxide
(NO2), lead (Pb), particulate matter (PM) and carbon
monoxide (CO) as well as the relevant reference and equivalent
monitoring methods through incorporation by reference into the Code of
Maryland regulations (COMAR) on an ``as amended'' basis which will
prospectively incorporate all future revisions and additions to the
NAAQS in accordance with the requirements of the Clean Air Act (CAA).
DATES: This rule is effective on April 12, 2013 without further notice,
unless EPA receives adverse written comment by March 13, 2013. 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 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: [email protected].
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 previously-listed 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 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, 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 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 [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 9594]]
I. Background
On November 15, 2012, the State of Maryland submitted a formal
revision (SIP Revision 12-07) to its SIP. The SIP revision
consists of the adoption of the revisions since 2006 of the following
NAAQS along with the associated definitions, reference conditions, and
methods of measurement associated with these NAAQS: PM, SO2,
NO2, Pb and O3.
II. Summary of SIP Revision
This SIP revision updates Maryland's SIP to incorporate the
following revisions to the NAAQS which were promulgated since 2006:
(1) The revised NAAQS for PM (71 FR 61224, Oct. 17, 2006) and the
applicable definitions, reference conditions, and methods of
measurement as specified in 40 CFR parts 50, 53, and 58;
(2) the NAAQS for Pb (73 FR 67052, Nov. 12, 2008) and the
applicable definitions, reference conditions, and methods of
measurement as specified in 40 CFR parts 50, 51, 53 and 58;
(3) the revised NAAQS for O3 (73 FR 16511, Mar. 27,
2008) and the applicable definitions, reference conditions, and methods
of measurement as specified in 40 CFR parts 50 and 58;
(4) the revised NAAQS for NO2 (75 FR 6531, Feb. 9, 2010)
and the applicable definitions, reference conditions, and methods of
measurement as specified in 40 CFR parts 50 and 58; and
(5) the revised NAAQS for SO2 (75 FR 35592, June 22,
2010) and the definitions, reference conditions, and methods of
measurement as specified in 40 CFR parts 50, 53 and 58;
In addition, Maryland's SIP revision submittal seeks to incorporate
by reference the NAAQS of 40 CFR part 50 prospectively in order for
Maryland's ambient air quality standards to be identical at all times
to the NAAQS as well as the pertinent definitions, ambient air
monitoring reference and equivalent methods in 40 CFR parts 51, 53 and
58. Therefore, whenever EPA promulgates a new or revised NAAQS in 40
CFR part 50 or revisions to the applicable definitions, ambient air
monitoring reference and equivalent methods in 40 CFR parts 51, 53 and
58, the Maryland SIP will automatically reflect such additions and
revisions without further action by the State of Maryland or EPA.
Specifically, this revision includes the following changes to Title
26--Department of The Environment, Subtitle 11--Air Quality, Chapter 04
Ambient Air Quality Standards (COMAR 26.11.04):
(1) The deletion of Regulation .04 (COMAR 26.11.04.04) relating to
ambient air quality standards for PM;
(2) the deletion of Regulation .05 (COMAR 26.11.04.05) relating to
ambient air quality standards for SO2;
(3) the deletion of Regulation .06 (COMAR 26.11.04.06) relating to
ambient air quality standards for CO;
(4) the deletion of Regulation .07 (COMAR 26.11.04.07) relating to
ambient air quality standards for O3;
(5) the deletion of Regulation .08 (COMAR 26.11.04.08) relating to
ambient air quality standards for NO2;
(6) the deletion of Regulation .09 (COMAR 26.11.04.09) relating to
ambient air quality standards for Pb;
(7) the deletion of Regulation .02 (COMAR 26.11.04.02) relating to
definitions, reference conditions, and methods of measurement as those
specified in 40 CFR parts 50, 53, and 58 of the 2003 edition;
(8) the deletion of Regulation 02 (COMAR 26.11.04.02) which stated
that ``Regulations .03-.09 [COMAR 26.11.04.3-.09] of this chapter
contain State-adopted National Ambient Air Quality Standards'' which no
longer has any substantive value because the regulations it cites have
been repealed; and
(9) the addition of a new Regulation .02 (COMAR 26.11.04.02) which
specifies that the ambient air quality standards, definitions,
reference conditions, and methods of measurement are those specified in
40 CFR parts 50, 51, 53, and 58, ``as amended.'' Maryland uses the
phrase ``as amended'' in COMAR 26.11.01.02 so that future versions of
these regulations are adopted prospectively. See Maryland's
``Incorporation By Reference (IBR) Manual,'' (Revised 7/2009)
(available at http://www.dsd.state.md.us/mdregister/IBRManual.pdf).
EPA finds that Maryland has adequately incorporated by reference
the NAAQS and related definitions, reference conditions, and methods of
measurement as specified in 40 CFR parts 50, 51, 53, and 58, and,
through the use of the phrase ``as amended'' in the COMAR regulatory
text, is incorporating by reference future amendments to the NAAQS and
related definitions, reference conditions, and methods of measurement
specified in 40 CFR parts 50, 51, 53, and 58.
III. Final Action
EPA is approving the November 15, 2012 SIP revision which includes
amendments to COMAR 26.11.04 into the State of Maryland SIP. 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 April 12, 2013 without further notice unless EPA
receives adverse comment by March 13, 2013. 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:
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);
[[Page 9595]]
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 April 12, 2013. 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. This action to approve amendments to COMAR 26.11.04 Ambient
Air Quality Standards 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: January 25, 2013.
W. C. Early,
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 (c) is amended by revising
the entry for COMAR 26.11.04.02 and by removing the existing entries
for COMARS 26.11.04.03 through 26.11.04.09 to read as follows:
Sec. 52.1070 Identification of plan.
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(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Code of Maryland State effective explanation/
Administrative Regulations Title/Subject date EPA Approval date citation at 40
(COMAR) citation CFR 52.1100
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26.11.04 Ambient Air Quality Standards
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26.11.04.02................... Ambient Air Quality 9/17/12 2/11/13 [Insert page
Standards, number where the
Definitions, document begins].
Reference
Conditions, and
Methods of
Measurement.
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[FR Doc. 2013-02928 Filed 2-8-13; 8:45 am]
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