
[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41437-41439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16556]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0072; FRL-9913-62-OAR]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Section 110(9)(2) Infrastructure Requirements for the 2008 
Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
State Implementation Plan (SIP) revisions submitted by the State of 
Maryland pursuant to the Clean Air Act (CAA). Whenever new or revised 
National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA 
requires states to submit a plan for the implementation, maintenance, 
and enforcement of such NAAQS. The plan is required to address basic 
program elements, including, but not limited to regulatory structure, 
monitoring, modeling, legal authority, and adequate resources necessary 
to assure attainment and maintenance of the standards. These elements 
are referred to as infrastructure requirements. The State of Maryland 
has made submittals addressing the infrastructure requirements for the 
2008 lead (Pb) NAAQS.

DATES: This final rule is effective on August 15, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2013-0072. All documents in the docket are listed in 
the 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 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: Ruth Knapp, (215) 814-2191, or by 
email at knapp.ruth@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 15, 2008, EPA substantially strengthened the primary and 
secondary lead NAAQS (hereafter the 2008 Pb NAAQS), revising the level 
of the primary (health-based) standard from 1.5 micrograms per cubic 
meter (ug/m\3\) to 0.15 ug/m\3\, measured as total suspended particles 
(TSP) and not to be exceeded with an averaging time of a rolling three 
month period. EPA also revised the secondary (welfare-based) standard 
to be identical to the primary standard, as well as the associated 
ambient air monitoring requirements. See 40 CFR 50.16.
    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS or within such shorter period as EPA may prescribe. The contents 
of that submission may vary depending upon the facts and circumstances. 
In particular, the data and analytical tools available at the time the 
state develops and submits the SIP for a new or revised NAAQS affect 
the content of the submission. The contents of such SIP submissions may 
also vary depending upon what provisions the state's existing SIP 
already contains.
    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit SIPs meeting the applicable requirements of section 110(a)(2) 
within three years after promulgation of a new or revised NAAQS or 
within such shorter period as EPA may prescribe. Section 110(a)(1) 
provides the procedural and timing requirements for SIPs and section 
110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. More specifically, section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS.
    For the 2008 Pb NAAQS, states typically have met many of the basic 
program elements required in section 110(a)(2) of the CAA through 
earlier SIP submissions in connection with previous lead NAAQS. 
Nevertheless, pursuant to section 110(a)(1) of the CAA, states have to 
review and revise, as appropriate, their existing lead NAAQS SIPs to 
ensure that the SIPs are adequate to address the 2008 Pb NAAQS. To 
assist states in meeting this statutory requirement, EPA issued 
guidance on October 14, 2011, entitled, ``Guidance on Infrastructure 
State Implementation Plan (SIP) Elements Required Under sections 
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air 
Quality Standards (NAAQS),'' which lists the basic elements that states 
should include in their SIPs for the 2008 Pb NAAQS.

II. Summary of SIP Revision

    On May 2, 2014 (79 FR 25059), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland proposing approval of 
Maryland's January 3, 2013 and August 14, 2013 submittals to satisfy 
several requirements of section 110(a)(2) of the CAA for the 2008 Pb 
NAAQS. In the NPR, EPA proposed approval of the following 
infrastructure elements: Sections 110(a)(2)(A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. This action 
does not include any action on section 110(a)(2)(I) of the CAA which 
pertains to the nonattainment requirements of part D, Title I of the 
CAA, because this element 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. The rationale which supports EPA's 
proposed action, including the scope of infrastructure SIPs in general, 
is explained in the NPR and the technical support document (TSD) 
accompanying the NPR and will not be restated here. The TSD is 
available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-
2013-0072. No comments were received on this rulemaking action.

III. Final Action

    EPA is approving two revisions to the Maryland SIP, Maryland's 
January 3, 2013 and August 14, 2013 submittals for the 2008 Pb NAAQS, 
that address the following infrastructure elements: Sections 
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and 
(M). This rulemaking action does not include section 110(a)(2)(I) of 
the CAA which pertains to the nonattainment requirements of part D, 
Title I of the CAA, since this element is not required to be submitted 
by the three year submission deadline of section 110(a)(1), and will be 
addressed in a separate process.

[[Page 41438]]

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);
     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 September 15, 2014. 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, addressing infrastructure requirements of section 
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M) 
of the CAA for the 2008 Pb NAAQS for the State of Maryland, 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, Lead, Reporting and recordkeeping requirements.

    Dated: June 27, 2014.
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 (e) is amended by adding 
the entry for ``Section 110(a)(2) Infrastructure Requirements for the 
2008 Lead NAAQS'' 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide...........        1/3/2013  7/16/2014 [Insert    This action
 Requirements for the 2008 Lead                              8/14/2013   page number where    addresses the
 NAAQS.                                                                  the document         following CAA
                                                                         begins].             elements:
                                                                                              110(a)(2)(A), (B),
                                                                                              (C), (D), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L) and
                                                                                              (M)
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[FR Doc. 2014-16556 Filed 7-15-14; 8:45 am]
BILLING CODE 6560-50-P


