
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Rules and Regulations]
[Pages 5004-5008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0508; FRL-9989-15-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air 
Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the State of Maryland's state implementation plan (SIP). 
The State of Maryland's SIP revision satisfies the volatile organic 
compound (VOC) reasonably available control technology (RACT) 
requirements for the 2008 8-hour ozone national ambient air quality 
standard (NAAQS). The State of Maryland will address RACT for oxides of 
nitrogen (NOX) in another SIP submission. Maryland's VOC 
RACT submittal for the 2008 ozone NAAQS includes certification that 
previously adopted RACT controls in Maryland's SIP approved by EPA 
under the 1-hour ozone and 1997 8-hour ozone NAAQS were reviewed based 
on the currently available technically and economically feasible 
controls, and that they continue to represent RACT; a negative 
declaration for certain control technique guideline (CTG) categories 
that no facilities exist in the State for these certain categories; and 
adoption of new or more stringent RACT determinations where necessary. 
This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on March 22, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0508. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat, (215) 814 2036, or 
by email at becoat.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: On August 18, 2016, the Maryland Department 
of the Environment (MDE) submitted a revision to its SIP that addresses 
the VOC requirements of RACT for the 2008 8-hour ozone NAAQS.

I. Background

A. General

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs and NOX in the presence of sunlight. In order 
to reduce ozone, the CAA requires control of VOC and NOX 
emission sources to achieve emission reductions in moderate and above 
ozone nonattainment areas. Among effective control measures, RACT 
controls significantly reduce VOC and NOx emissions from major 
stationary sources.
    RACT is defined as the lowest emission limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility.\1\ Section 172(c)(1) of the CAA provides that SIPs for 
nonattainment areas must include reasonably available control measures 
(RACM) for attainment of the NAAQS, including emissions reductions from 
existing sources through adoption of RACT. A major source in a 
nonattainment area is defined as any stationary source that emits or 
has the potential to emit NOX or VOC emissions greater than 
a certain ton per year threshold that varies based on the ozone 
nonattainment classification of the area: Marginal, Moderate, Serious, 
or Severe. See ``major stationary source'' in CAA sections 182(b), 
184(b) and 302. Sections 182(b)(2) and 182(f)(1) of the CAA require 
states with ozone nonattainment areas classified as moderate or higher 
to implement RACT controls on all stationary sources and source 
categories covered by a CTG document issued by EPA, and also on all 
major sources of VOC and NOX emissions located in the area. 
EPA's CTGs provide guidance for RACT control requirements for various 
VOC source categories. The CTGs typically identify a particular control 
level that EPA recommends as being RACT. In some cases, EPA has issued 
Alternative Control Techniques guidelines (ACTs), primarily for 
NOX source categories, which in contrast to the CTGs, only 
present a range of possible control options but do not identify any 
particular option as the recommendation for what can be RACT. Section 
183(c) of the CAA requires EPA to revise and update CTGs and ACTs as 
the Administrator determines necessary. States are required to 
implement RACT for the source categories covered by CTGs through the 
SIP.
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    \1\ See December 9, 1976 memorandum from Roger Strelow, 
Assistant Administrator for Air and Waste Management, to Regional 
Administrators, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas.'' see also 44 FR 53761, 53762 
(September 17, 1979).
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    Section 184(a) of the CAA establishes a single ozone transport 
region (OTR) comprising all or part of 12 eastern states and the 
District of Columbia,\2\ including the entire State of Maryland. 
Section 184(b)(1)(B) and (2) of the CAA set forth requirements for 
states in the OTR. Specifically, section 184(b)(1)(B) requires the 
implementation of RACT in OTR states with respect to all sources of VOC 
covered by a CTG. Additionally,

[[Page 5005]]

section 184(b)(2) states that any stationary source with the potential 
to emit 50 tons per year (tpy) of VOCs shall be considered a major 
source and requires the implementation of major stationary source 
requirements in the OTR states as if the area were a moderate ozone 
nonattainment area. A major source in a nonattainment area is defined 
as any stationary source that emits or has the potential to emit 
NOX or VOC emissions above a certain applicability threshold 
that is based on the ozone nonattainment classification of the area: 
Marginal, Moderate, Serious, or Severe. See ``major stationary source'' 
in CAA sections 182(b) and 184(b).
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    \2\ Only a portion of the Commonwealth of Virginia is included 
in the OTR.
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B. Maryland's History

    Maryland has been subject to the CAA RACT requirements because of 
previous ozone nonattainment designations. The Baltimore (which 
includes Anne Arundel, Baltimore, Carroll, Harford, and Howard 
Counties, MD, and Baltimore City, MD), Washington, DC (which includes 
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties, 
MD), and Philadelphia (which includes Cecil County, MD) nonattainment 
areas were designated as severe 1-hour ozone nonattainment areas. Kent 
and Queen Anne's Counties, MD were designated as a marginal 1-hour 
ozone nonattainment area. In addition, all of Maryland is included in 
the Ozone Transport Region (OTR). See CAA section 184(a). As a result, 
the entire State of Maryland is required to address the CAA RACT 
requirements by submitting to EPA a SIP revision that demonstrates how 
Maryland meets RACT requirements under the revised 2008 ozone standard. 
See CAA section 184(b). Since the early 1990s, Maryland has implemented 
numerous RACT controls throughout the State to meet the CAA's RACT 
requirements for the 1-hour and the 1997 8-hour ozone standards. 
Maryland also implemented controls necessary to meet the requirements 
of the NOX SIP Call (40 CFR 51.121).
    Under the 1997 8-hour ozone NAAQS, the Baltimore, Washington, DC, 
and Philadelphia areas were designated as serious nonattainment areas. 
Kent and Queen Anne's Counties, MD were designated as a marginal ozone 
nonattainment area. As discussed above, all of Maryland is in the OTR 
and therefore required to comply with the CAA RACT requirements. As a 
result, Maryland continued to be subject to the CAA RACT requirements. 
See 69 FR 23858, 23931 (April 30, 2004). Maryland revised and 
promulgated its RACT regulations and demonstrated that it complied with 
the 1997 CAA RACT requirements in a SIP revision approved by EPA on 
July 13, 2012 (77 FR 41278).
    Under CAA section 109(d), EPA is required to periodically review 
and promulgate, as necessary, revisions to the NAAQS to continue to 
protect human health and the environment. On March 27, 2008, EPA 
revised the 1997 8-hour ozone standard by lowering the 8-hour standard 
to 0.075 ppm (73 FR 16436). On May 21, 2012, EPA finalized attainment/
nonattainment designations for the 2008 8-hour ozone NAAQS (77 FR 
30087). Under the 2008 8-hour ozone standard, EPA designated as 
nonattainment three areas that contain portions of Maryland. These 
nonattainment areas are: The Baltimore moderate nonattainment area; the 
Washington, DC marginal nonattainment area; and the Philadelphia 
marginal nonattainment area. All Maryland counties are part of the OTR, 
and as a result, the entire State of Maryland is required to address 
the CAA RACT requirements by submitting to EPA a SIP revision that 
demonstrates how Maryland meets RACT requirements under the revised 
2008 ozone standard. Maryland is required to implement RACT for the 
2008 ozone NAAQS on all VOC sources covered by a CTG issued by EPA, as 
well as all other major stationary sources located within the State. 
The RACT requirements under CAA sections 182 and 184 apply to all 
sources for which a CTG has been issued, and any other major stationary 
sources of VOC or NOX Maryland has retained its major source 
thresholds at 25 tpy for VOC and NOX sources in the 
Baltimore, Washington, DC, and Philadelphia severe 1-hour ozone 
nonattainment areas. Maryland has retained its major source thresholds 
at 50 tpy for VOC and 100 tpy for NOX in all remaining 
Maryland counties, consistent with the CAA requirements for states in 
the OTR.

C. EPA Guidance and Requirements

    EPA has provided more substantive RACT requirements through final 
implementation rules for each revised ozone NAAQS, as well as guidance. 
On March 6, 2015, EPA issued its final rule for implementing the 2008 
8-hour ozone NAAQS (the 2008 Ozone Implementation Rule). 80 FR 12264. 
This rule addressed, among other things, control and planning 
obligations as they apply to nonattainment areas under the 2008 8-hour 
ozone NAAQS, including RACT and RACM. In this rule, EPA specifically 
required that states meet the RACT requirements either (1) through a 
certification that previously adopted RACT controls in their SIP 
approved by EPA under a prior ozone NAAQS continue to represent 
adequate RACT control levels for attainment of the 2008 8-hour ozone 
NAAQS, or (2) through the adoption of new or more stringent regulations 
or controls that represent RACT control levels. A certification must be 
accompanied by appropriate supporting information such as consideration 
of information received during the public comment period and 
consideration of new data. Adoption of new RACT measures will occur 
when states have new stationary sources not covered by existing RACT 
measures, or when new data or technical information indicates that a 
previously adopted RACT measure does not represent a newly available 
RACT control level. Additionally, if there are no sources of VOC 
emissions covered by a CTG source category within the OTR state, then 
states are required to submit a negative declaration in lieu of, or in 
addition to, a certification.

II. Summary of SIP Revision and EPA Analysis

    On August 18, 2016, Maryland submitted a SIP revision to address 
all of the VOC RACT requirements set forth by the CAA for the revised 
2008 8-hour ozone NAAQS (the 2016 RACT Submission). Specifically, 
Maryland's 2016 RACT Submission includes: (1) A certification that for 
certain sources, previously-adopted VOC RACT controls in Maryland's SIP 
that were approved by EPA under the 1979 1-hour and 1997 8-hour ozone 
NAAQS, when considered in light of currently available technically and 
economically feasible controls, continue to represent RACT for 
implementation of the 2008 8-hour ozone NAAQS; (2) the adoption of new 
or more stringent regulations or controls that represent RACT control 
levels for certain categories of sources; and (3) a negative 
declaration that certain sources covered by certain CTGs do not exist 
in Maryland.
    Most of Maryland's Regulations, under Code of Maryland Regulations 
(COMAR) 26.11.06, 26.11.10, 26.11.11, 26.11.13, 26.11.14, 26.11.19 and 
26.11.24, contain the VOC RACT controls that were implemented and 
approved into Maryland's SIP for the 1-hour and 1997 8-hour ozone 
NAAQS. Maryland also relies on COMAR 26.11.06.06--``General Emissions 
Standards, Prohibitions, and Restrictions--Volatile Organic 
Compounds,'' to achieve significant reductions from unique VOC sources. 
Maryland is certifying that these regulations, all previously approved 
by EPA into the SIP, continue to meet the

[[Page 5006]]

RACT requirements for the 2008 8-hour ozone NAAQS for major stationary 
sources of VOCs and for sources subject to CTGs. Maryland also 
submitted a negative declaration for the CTGs that have not been 
adopted because no facilities subject to these CTGs exist in Maryland 
and included Alternative Control Technologies (ACTs) in their review of 
applicable 2008 8-hour ozone RACT requirements. Maryland considered 
controls on other sources of VOCs not covered by a CTG and adopted 
rules whenever deemed to be reasonably available controls. 
Additionally, Maryland conducted a RACT analysis for each major Non-CTG 
stationary source of VOC. As previously discussed, Maryland retained 
its major source levels at 25 tpy for VOC sources in the Baltimore, 
Washington, DC and Philadelphia 1-hour severe nonattainment areas. All 
remaining counties are part of the OTR and therefore major source 
levels remain at 50 tpy for VOC. More detailed information on these 
provisions, as well as a detailed summary of EPA's review and rationale 
for approving these SIP revisions, can be found in the Technical 
Support Document (TSD) for this action which is available on line at 
www.regulations.gov, Docket number EPA-R03-OAR-2018-0508.
    After evaluating the SIP revision submittal, EPA concluded that it 
meets the VOC RACT requirements for the 2008 8-hour ozone NAAQS as set 
forth by sections 182(b) and 184 of the CAA. Maryland's SIP revision 
satisfies the 2008 8-hour ozone NAAQS RACT requirements for VOCs 
through (1) certification that previously adopted RACT controls in 
Maryland's SIP that were approved by EPA under the 1-hour ozone and 
1997 8-hour ozone NAAQS continue to represent RACT, in light of 
currently available technically and economically feasible controls; (2) 
a negative declaration for certain CTG source categories that no such 
sources exist in the State; and (3) adoption of new or more stringent 
RACT determinations when technically and economically feasible. EPA 
finds that Maryland's 2016 RACT Submission demonstrates that the State 
has adopted air pollution control strategies that represent RACT for 
the purposes of compliance with the 2008 8-hour ozone standard for all 
major stationary sources of VOC. EPA also finds that Maryland's SIP 
implements RACT with respect to all sources of VOCs covered by a CTG.
    On August 3, 2018 (83 FR 38110), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland SIP revision. EPA received 
one relevant adverse comment on the NPR, which is addressed below.

III. Response to Comments

    During the comment period, EPA received two anonymous comments on 
the rulemaking. One comment generally discussed wildfires and wildland 
fire management policy. EPA believes this comment is not germane to 
this rulemaking and therefore no further response is provided. The 
following is the comment pertinent to this rulemaking action, and EPA's 
response.
    Comment #1: The anonymous commenter stated the following: ``It 
appears that this SIP revision is related to the SIP revision under 
docket number EPA-R03-OAR-2018-0153 (Maryland; Control of Emissions of 
Volatile Organic Compounds from Consumer Products)? Is what you are 
proposing to approve in that docket being reapproved in this revision? 
If so, if that revision is not final yet, how can you effectively say 
here that all the RACT requirements for the 2008 8-hour ozone NAAQS 
have been satisfied? I don't think this SIP revision is approvable 
before the consumer products one is finalized because you are not fully 
meeting RACT requirements yet.''
    Response #1: EPA does not agree that this SIP revision (proposed 
for approval by EPA via docket number EPA-R03-OAR-2018-0508), 
addressing Maryland's compliance with the VOC RACT requirements for the 
2008 ozone NAAQS, cannot be approved until Maryland's SIP revision for 
the control of VOCs from consumer products (proposed for approval by 
EPA via docket number EPA-R03-OAR-2018-0153) is approved. Also, EPA is 
not, as the commenter suggests, re-approving Maryland's SIP submission 
for control of VOCs from consumer products in this SIP action related 
to RACT. As explained below, these two SIP revisions are not related in 
a way that requires EPA to approve the consumer products SIP before the 
VOC RACT requirements for the 2008 ozone NAAQS SIP.
    This final action (docket ending in 0508) related to Maryland's SIP 
revision for 2008 ozone VOC RACT is intended to satisfy the 
requirements of section 182(b)(2) and section 184 of the CAA. Section 
182(b)(2) requires that each state containing a moderate ozone 
nonattainment area submit a SIP revision requiring RACT for (1) each 
category of VOC sources in the area covered by a CTG issued after 
November 15, 1990; (2) all VOC sources in the area covered by a CTG 
issued before November 15, 1990; and (3) all other major stationary 
sources of VOC that are located in the area. See section 182(b)(2)(A), 
(B), (C). As stated in the NPR for this action, EPA's implementation 
rule for the 2008 ozone NAAQS clarifies that states can certify that 
previously-adopted RACT controls approved by EPA into a SIP for the 1-
hour and/or 1997 ozone NAAQS continue to represent RACT under the 2008 
ozone standard. If there are no facilities or sources in the state 
covered by certain CTGs, states can submit a negative declaration that 
there are no such facilities or sources. 83 FR 38110 (August 3, 2018). 
Maryland's SIP revision at issue in docket number EPA-R03-OAR-2018-0508 
addresses all of the section 182(b)(2) and 184 requirements. Table 2.3 
of Maryland's SIP submittal (Docket ID EPA-R03-OAR-2018-0508-0002, p. 
34) lists major stationary sources of VOCs in Maryland and evaluates 
whether controls applied to these sources still constitute RACT for the 
2008 ozone NAAQS, as required by sections 182(b)(2)(C) and 184(b)(2). 
Table 2.1 of Maryland's SIP submittal (Id. at 7) lists those EPA CTGs 
for which Maryland has adopted State regulations to address the CTGs 
and which EPA has approved into Maryland's SIP. Finally, Section 2.2.1 
lists those CTGs for which Maryland has submitted a negative 
declaration that no source covered by these CTGs exists in the State 
(Id. at 27). Table 2.1 and Section 2.2.1 address the requirements of 
CAA sections 182(b)(2)(A) and (B) and 184(b)(1)(B), and Maryland has 
certified that for the sources in Table 2.1, the existing Maryland 
regulations still constitute RACT for those sources. Thus, Maryland's 
SIP revision that EPA is taking action on here addresses all of the 
requirements of CAA section 182(b)(2) and 184 for the 2008 ozone NAAQS. 
Maryland's SIP revision at issue in docket number EPA-R03-OAR-2018-0153 
is not meant to implement any RACT requirement for CTG-covered sources 
or major sources of VOCs under sections 182(b)(2) or 184. That SIP 
submittal, which seeks to adopt limits for VOCs in consumer products, 
is a SIP strengthening measure that is not required by section 
182(b)(2) or 184 of the CAA. Indeed, EPA has not issued a CTG for 
consumer products. See https://www.epa.gov/ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques, for a list of 
all CTGs. Instead, EPA has issued a regulation governing VOC emissions 
from consumer products, entitled ``National Volatile Organic Compound 
Emission Standards for Consumer Products.'' 40 CFR part 59, subpart C 
(promulgated per

[[Page 5007]]

the authority in CAA section 183(e)). This regulation, which has 
nationwide applicability, requires that manufacturers, importers, and 
some distributors of certain consumer products ensure that the VOC 
content of those products do not exceed the regulated limits. See 40 
CFR 59.201. States do not need to adopt 40 CFR part 59, subpart C, into 
their SIPs because the VOC limits already apply to these products in 
all states throughout the United States. RACT for VOCs and VOC emission 
standards for consumer products are managed by different regulatory 
structures established by the CAA. While these separate programs have a 
common goal of reducing VOC emissions, they are managed by EPA, and the 
states, in different ways, and they do not overlap in the manner 
suggested by the commenter. The new VOC limits adopted by Maryland that 
are under EPA consideration in docket number EPA-R03-OAR-2018-0153 are 
SIP strengthening measures, rather than RACT requirements under CAA 
section 182(b)(2) or 184. As noted in Maryland's public notice for the 
adoption of new VOC limits on consumer products, EPA's consumer 
products regulation in subpart C was last amended in 1998. 44:11 Md. R. 
543 (May 26, 2017). Maryland's newly adopted consumer product VOC 
limits reflect more recent consumer product VOC limits adopted by the 
Ozone Transport Commission (OTC) in 2010 and 2014, of which Maryland is 
a member. Id. Indeed, a comparison of the limits in Tables 1 and 2 of 
40 CFR part 59, subpart C, to the limits in COMAR 26.11.32.04, Table 1, 
shows that Maryland has chosen to adopt VOC limits for many more 
consumer products than EPA adopted in 40 CFR part 59, subpart C. 
Because there is no CTG for consumer products, Maryland did not need to 
consider RACT controls for consumer products in its SIP revision 
covering VOC RACT for the 2008 ozone standard (0508), and it is 
therefore not necessary for EPA to approve Maryland's SIP revision 
covering consumer products (0153) before approving the VOC RACT SIP 
(0508).

IV. Final Action

    EPA is approving the State of Maryland's August 2016 SIP revision 
submittal on the basis that Maryland has met the RACT requirements for 
the 2008 8-hour ozone NAAQS as set forth by sections 182(b) and 
184(b)(2) of the CAA.

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 it is not a significant action 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 April 22, 2019. 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, which approves Maryland's 2008 8-hour ozone RACT SIP 
revision, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: December 28, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

[[Page 5008]]

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 ``Reasonably Available Control Technology under 2008 8-hour 
ozone National Ambient Air Quality Standard'' at the end of the table 
to read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
  Name of non-regulatory SIP    Applicable geographic        State        EPA approval
           revision                      area           submittal date        date        Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonably Available Control   Statewide..............      08/18/2016  02/20/2019       .......................
 Technology under 2008 8-hour                                            [Insert
 ozone National Ambient Air                                              Federal
 Quality Standard.                                                       Register
                                                                         citation].
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[FR Doc. 2019-01881 Filed 2-19-19; 8:45 am]
 BILLING CODE 6560-50-P


