[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44482-44485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0441; FRL-9983-07--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision 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 approving 
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: This final rule is effective on October 1, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0441. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., 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 through 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

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 
(SIP #16-12) 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, and 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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    On July 5, 2018 (83 FR 31352), EPA published a notice of proposed 
rulemaking (NPR) for Maryland. In the NPR, EPA proposed approval of 
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. Public Comments and EPA Response

    EPA received a total of three comments on the July 5, 2018 NPR. Two 
of the comments did not concern any of the specific issues raised in 
the NPR, nor did they address EPA's rationale for the proposed approval 
of MDE's submittal. Therefore, EPA is not responding to those comments. 
EPA also received a comment that was supportive of EPA's proposed 
approval of Maryland's August 18, 2016 infrastructure SIP submittal for 
the 2012 PM2.5 NAAQS. All of the comments received are 
included in the docket for this action, available online at 
www.regulations.gov, Docket ID: EPA-R03-OAR-2017-0441.

IV. Final 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.\3\ EPA is 
approving Maryland's

[[Page 44484]]

August 18, 2016 infrastructure SIP submittal for the 2012 
PM2.5 NAAQS as a revision to the Maryland SIP.
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    \3\ As stated above, Maryland's infrastructure SIP submittal did 
not address the portion of CAA section 110(a)(2)(C) pertaining to 
the NNSR permitting program nor CAA section 110(a)(2)(I) pertaining 
to the nonattainment requirements of part D, title I of the CAA. 
According to the 2013 Infrastructure Guidance, the NNSR permitting 
program requirement of section 110(a)(2)(C) is to be addressed in a 
different SIP and 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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V. 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 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);
     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 October 30, 2018. 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 approving Maryland's August 18, 2016 infrastructure 
SIP submittal for the 2012 PM2.5 NAAQS 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, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: August 21, 2018.
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 an 
entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS'' at the end of the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

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                                                                           State
  Name of non-regulatory SIP revision    Applicable geographic area   submittal date      EPA approval date               Additional explanation
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                                                                      * * * * * * *
Section 110(a)(2) Infrastructure        Statewide...................       8/18/2018  8/31/2018, [Insert         This action addresses the following CAA
 Requirements for the 2012 PM2.5 NAAQS.                                                Federal Register           elements: 110(a)(2)(A), (B), (C),
                                                                                       citation].                 (D)(i)(I), (D)(i)(II), D(ii), (E),
                                                                                                                  (F), (G), (H), (J), (K), (L), and (M).
                                                                                                                  This action does not address the
                                                                                                                  portion of CAA section 110(a)(2)(C)
                                                                                                                  related to NNSR nor CAA section
                                                                                                                  110(a)(2)(I).
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[FR Doc. 2018-18854 Filed 8-30-18; 8:45 am]
 BILLING CODE 6560-50-P


