[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Proposed Rules]
[Pages 31352-31354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14331]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0441; FRL-9980-34--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Infrastructure Requirements for the 2012 Fine Particulate
Matter National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) submission from Maryland
addressing the infrastructure requirements of section 110 of the Clean
Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. EPA is proposing to approve Maryland's submittal addressing the
infrastructure requirements for the 2012 PM2.5 NAAQS in
accordance with the requirements of section 110 of the CAA.
DATES: Written comments must be received on or before August 6, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0441 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
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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: Sara Calcinore, (215) 814-2043, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Particle pollution, also referred to as particulate matter (PM), is
a complex mixture of small particles and liquid droplets suspended in
the air, which causes adverse health effects and is the leading cause
of visibility impairment in the United States. Particles with a
diameter equal to or less than 2.5 microns referred to as fine
particulate matter or PM2.5, are either emitted directly
into the atmosphere or are formed from the chemical reactions of
precursor gases, such as sulfur dioxide (SO2), nitrogen
oxides (NOX), certain volatile organic compounds (VOCs), and
ammonia, in the atmosphere. SO2 and NOX are the
primary precursors for the formation of PM2.5 and are
emitted primarily from point sources as well as nonpoint, onroad, and
nonroad sources.
On July 18, 1997, EPA promulgated a new 24-hour and a new annual
NAAQS for PM2.5 (62 FR 38652). On October 17, 2006, EPA
revised the NAAQS for PM2.5, tightening the 24-hour
PM2.5 standard from 65 micrograms per cubic meter ([micro]g/
m\3\) to 35 [micro]g/m\3\, and retaining the annual PM2.5
NAAQS at 15 [micro]g/m\3\ (71 FR 61144). Subsequently, on December 14,
2012, EPA revised the level of the health based (primary) annual
PM2.5 NAAQS to 12 [micro]g/m\3\. See 78 FR 3086 (January 15,
2013).\1\
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\1\ In EPA's 2012 PM2.5 NAAQS revision, EPA left
unchanged the existing welfare (secondary) standards for
PM2.5 to address particulate matter (PM) related effects
such as visibility impairment, ecological effects, damage to
materials, and climate impacts. This includes a secondary annual
standard of 15 [micro]g/m\3\ and a 24-hour standard of 35 [micro]g/
m\3\.
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Pursuant to section 110(a)(1), states must submit ``within 3 years
(or such shorter period as the Administrator may prescribe) after the
promulgation of a national primary ambient air quality standard (or any
revision thereof),'' a plan that provides for the ``implementation,
maintenance, and enforcement'' of such NAAQS. The statute directly
imposes on states the duty to make these SIP submissions and the
requirements to make the submissions is not conditioned upon EPA's
taking any action other than promulgating a new or revised NAAQS.
Section 110(a)(2) includes a list of specific elements that ``[e]ach
such plan'' submission must address. EPA commonly refers to such state
plans as ``infrastructure SIPs.''
II. Summary of SIP Revision and EPA Analysis
On August 18, 2016, the State of Maryland, through the Maryland
Department of the Environment (MDE), formally submitted a SIP revision
in order to satisfy the requirements of section 110(a) of the CAA for
the 2012 PM2.5 NAAQS. The SIP submittal addressed the
following infrastructure elements for the 2012 PM2.5 NAAQS:
CAA section 110(a)(2)(A), (B), (C), (D)(i)(I), (D)(i)(II), D(ii), (E),
(F), (G), (H), (J), (K), (L), and (M).
Maryland's infrastructure SIP submittal did not address the
following two elements of CAA section 110(a)(2): The portion of section
110(a)(2)(C) pertaining to permit programs, known as nonattainment new
source review (NNSR), under part D of the CAA and section 110(a)(2)(I),
referred to as ``element (I),'' pertaining to the nonattainment
requirements of part D, title I of the CAA. According to the EPA
guidance issued on September 13, 2013 (2013 Infrastructure
Guidance),\2\ the NNSR permitting program requirement of section
110(a)(2)(C) is to be addressed in a different SIP, therefore does not
need to be addressed in this SIP revision. Section 110(a)(2)(I) is not
required to be submitted by the 3-year submission deadline of CAA
section 110(a)(1) and will be addressed in a separate process if
necessary.
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\2\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
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EPA is proposing to approve Maryland's August 18, 2016
infrastructure SIP submittal for the 2012 PM2.5 NAAQS. A
detailed summary of EPA's review and rationale for approving Maryland's
submittal may be found in the Technical Support Document (TSD) for this
rulemaking action, which is available online at www.regulations.gov,
Docket ID Number EPA-R03-OAR-2017-0441.
III. Proposed Action
EPA's review of Maryland's August 18, 2016 infrastructure SIP
submittal for the 2012 PM2.5 NAAQS indicates that MDE's
August 18, 2016 submittal satisfies the infrastructure requirements of
CAA section 110(a) for the 2012 PM2.5 NAAQS. Therefore, EPA
is proposing to approve Maryland's infrastructure SIP submittal for the
2012 PM2.5 NAAQS. 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 approves 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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);
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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, which proposes approval of
Maryland's infrastructure SIP submittal for the 2012 PM2.5
NAAQS, 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-14331 Filed 7-3-18; 8:45 am]
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