Rule2021-19084
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Emissions Statement Requirement for the 2015 Ozone National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 7, 2021
Effective
October 7, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision formally submitted by the Maryland Department of the Environment (MDE) on behalf of the State of Maryland. The revision provides the State of Maryland's certification that its existing emissions statement program satisfies the emissions statement requirements of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA is approving the State of Maryland's emissions statement program certification for the 2015 ozone NAAQS as a SIP revision in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Rules and Regulations]
[Pages 49925-49927]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19084]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0052; FRL-8876-02-R3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Emissions Statement Requirement for the 2015 Ozone 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 formally submitted by the Maryland
Department of the Environment (MDE) on behalf of the State of Maryland.
The revision provides the State of Maryland's certification that its
existing emissions statement program satisfies the emissions statement
requirements of the Clean Air Act (CAA) for the 2015 ozone National
Ambient Air Quality Standard (NAAQS). EPA is approving the State of
Maryland's emissions statement program certification for the 2015 ozone
NAAQS as a SIP revision in accordance with the requirements of the CAA.
DATES: This final rule is effective on October 7, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0052. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Adam Yarina, 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) 814-2108. Mr. Yarina can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#01786073686f602f6065606c416471602f666e77"><span class="__cf_email__" data-cfemail="60190112090e014e0104010d200510014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 16, 2021 (86 FR 32006), EPA published a notice of proposed
rulemaking (NPRM) proposing approval of a SIP revision for the State of
Maryland. In the NPRM, EPA proposed approval of Maryland's
certification that Maryland's emissions statement regulation meets the
emissions statement requirement of section 182(a)(3)(B) of the CAA for
the 2015 ozone NAAQS. The formal SIP revision was submitted by the
State of Maryland,
[[Page 49926]]
through the Maryland Department of the Environment, on July 6, 2020.
II. Summary of SIP Revision and EPA Analysis
On July 6, 2020, the State of Maryland, through the MDE, submitted
a SIP revision to satisfy the emissions statement requirement of CAA
section 182(a)(3)(B) for the 2015 ozone NAAQS. EPA first approved
Maryland's SIP submittal satisfying CAA section 182(a)(3)(B) on October
12, 1994 (59 FR 51517) and has approved Maryland's submissions for
section 182(a)(3)(B) for each succeeding revision of the ozone NAAQS.
Maryland's emissions reporting requirements are codified in Code of
Maryland Regulations (COMAR) 26.11.01.05-1 ``Emissions Statements.''
COMAR 26.11.01.05-1 requires sources that emit above specified
thresholds of Nitrogen Oxides (NO<INF>X</INF>) or Volatile Organic
Compounds (VOC) to submit an emissions statement to the State. The
emissions threshold for reporting varies according to the county in
which the source is located. The statement must be submitted by a
certified individual who can verify the source's actual emissions.
In Maryland's July 6, 2020 SIP submittal, Maryland certifies that
the existing COMAR 26.11.01.05-1 ``Emissions Statements'' continues to
satisfy section 182(a)(3)(B) for the 2015 ozone NAAQS because Maryland
has not made any changes since EPA's prior approval and COMAR
26.11.01.05-1 meets the CAA requirements for emission statements. EPA
finds that COMAR 26.11.01.05-1 continues to satisfy CAA section
182(a)(3)(B) because the existing rule is applicable to the entire
State of Maryland and requires stationary sources that emit
NO<INF>X</INF> or VOC to submit an emissions statement to the State
detailing the sources' emissions. EPA finds that Maryland's emissions
thresholds for stationary sources that are required to submit an
emissions statement meet CAA requirements in sections 182 (plan
submissions and requirements for ozone nonattainment areas) and 184
(Ozone Transport Region requirements). Therefore, EPA has determined
that COMAR 26.11.01.05-1, which is currently in the Maryland SIP, is
appropriate to address the emissions statement requirement in section
182(a)(3)(B) and is approving this SIP revision.
Other specific requirements of 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, as a SIP revision, the State of Maryland's July
6, 2020 emissions statement certification for the 2015 ozone NAAQS as
approvable under CAA section 182(a)(3)(B). Maryland's emissions
statement certification certifies that Maryland's existing SIP-approved
emissions statement program under COMAR 26.11.01.05-1 satisfies the
requirements of CAA section 182(a)(3)(B) for the 2015 ozone NAAQS.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 November 8, 2021. 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 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 49927]]
Dated: August 28, 2021.
Diana Esher,
Acting 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 an
entry for ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' 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 Applicable geographic submittal EPA approval date Additional
revision area date explanation
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* * * * * * *
Emissions Statement State-wide.............. 7/6/20 9/7/21, [insert Certification that
Certification for the 2015 Federal Register Maryland's
Ozone National Ambient Air citation]. previously
Quality Standard. approved
regulation at
COMAR 26.11.01.05-
1 meets the
emission
statement
requirements for
the 2015 ozone
NAAQS.
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[FR Doc. 2021-19084 Filed 9-3-21; 8:45 am]
BILLING CODE 6560-50-P
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