[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44212-44214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15647]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0062; FRL-10011-80-Region 3]


Air Plan Approval; Maryland; 1997 8-Hour Ozone NAAQS Limited 
Maintenance Plan for the Kent and Queen Anne's Counties Area

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 submitted by the Maryland Department 
of the Environment (MDE) on behalf of the State of Maryland. This 
revision pertains to Maryland's plan for maintaining the 1997 8-hour 
ozone national ambient air quality standards (NAAQS) for the Kent and 
Queen Anne's Counties area. EPA is approving these revisions to the 
Maryland SIP in

[[Page 44213]]

accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 21, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0062. 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: David Talley, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at 
talley.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 6, 2020 (85 FR 26907), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed 
approval of Maryland's plan for maintaining the 1997 ozone NAAQS 
through January 1, 2028, in accordance with CAA section 175A. The 
formal SIP revision (#19-03) was submitted by MDE on December 18, 2019.

II. Summary of SIP Revision and EPA Analysis

    On December 22, 2006 (78 FR 76920, effective January 22, 2007), EPA 
approved a redesignation request (and maintenance plan) from MDE for 
the Kent and Queen Anne's Counties area. In accordance with section 
175A(b), at the end of the eighth year after the effective date of the 
redesignation, the State must also submit a second maintenance plan to 
ensure ongoing maintenance of the standard for an additional 10 years. 
CAA section 175A sets forth the criteria for adequate maintenance 
plans. In addition, EPA has published longstanding guidance that 
provides further insight on the content of an approvable maintenance 
plan, explaining that a maintenance plan should address five elements: 
(1) An attainment emissions inventory; (2) a maintenance demonstration; 
(3) a commitment for continued air quality monitoring; (4) a process 
for verification of continued attainment; and (5) a contingency 
plan.\1\ MDE's December 18, 2019 submittal fulfills Maryland's 
obligation to submit a second maintenance plan and addresses each of 
the five necessary elements.
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    \1\ ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (Calcagni Memo).
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    As discussed in the May 6, 2020 NPRM, EPA allows the submittal of a 
less rigorous, limited maintenance plan (LMP) to meet the CAA section 
175A requirements by demonstrating that the area's design value \2\ is 
well below the NAAQS and that the historical stability of the area's 
air quality levels shows that the area is unlikely to violate the NAAQS 
in the future. EPA evaluated MDE's December 18, 2019 submittal for 
consistency with all applicable EPA guidance and CAA requirements. EPA 
found that the submittal met CAA section 175A and all CAA requirements, 
and proposed approval of the LMP for the Kent and Queen Anne's Counties 
area as a revision to the Maryland SIP. The effect of this action makes 
certain commitments related to the maintenance of the 1997 ozone NAAQS 
Federally enforceable as part of the Maryland SIP.
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    \2\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
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    Other specific requirements of MDE's December 18, 2019 submittal 
and the rationale for EPA's proposed action are explained in the NPRM 
and will not be restated here. No public comments were received on the 
NPRM.

III. Final Action

    EPA is approving the 1997 8-Hour ozone NAAQS limited maintenance 
plan for the Kent and Queen Anne's Counties area as a revision to the 
Maryland SIP.

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 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

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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 21, 2020. 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 pertaining to Maryland's limited maintenance plan 
for the Kent and Queen Anne's Counties area 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, Volatile organic compounds.

    Dated: July 10, 2020.
Cosmo Servidio,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 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 ``1997 8-Hour Ozone NAAQS Limited Maintenance Plan for the 
Kent and Queen Anne's Counties Area'' at the end of the table to read 
as follows:


Sec.  52.1070   Identification of plan.

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    (e) * * *

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  Name of non-regulatory  SIP       Applicable          State        EPA approval
           revision              geographic area   submittal date        date           Additional explanation
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                                                  * * * * * * *
1997 8-Hour Ozone NAAQS         Kent and Queen         12/18/2019  7/22/2020,        ...........................
 Limited Maintenance Plan for    Anne's Counties.                   [insert Federal
 the Kent and Queen Anne's                                          Register
 Counties Area.                                                     citation].
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[FR Doc. 2020-15647 Filed 7-21-20; 8:45 am]
BILLING CODE 6560-50-P


