Proposed Rule2026-08364
Air Plan Approval; Maryland; Reasonably Available Control Technology for Municipal Waste Combustors
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
April 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve state implementation plan (SIP) revisions submitted by the State of Maryland. The SIP revisions consist of regulations that implement statewide reasonably available control technology (RACT) requirements by limiting air emissions of oxides of nitrogen (NO<INF>X</INF>) from municipal waste combustors (MWCs) in Maryland. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 82 (Wednesday, April 29, 2026)</title>
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[Federal Register Volume 91, Number 82 (Wednesday, April 29, 2026)]
[Proposed Rules]
[Pages 23046-23049]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08364]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2019-0295; EPA-R03-OAR-2025-0267; FRL-12837-01-R3]
Air Plan Approval; Maryland; Reasonably Available Control
Technology for Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) revisions submitted by the
State of Maryland. The SIP revisions consist of regulations that
implement statewide reasonably available control technology (RACT)
requirements by limiting air emissions of oxides of nitrogen
(NO<INF>X</INF>) from municipal waste combustors (MWCs) in Maryland.
This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before May 29, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0267 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#07606875636869296a6e6c624762776629606871"><span class="__cf_email__" data-cfemail="a6c1c9d4c2c9c888cbcfcdc3e6c3d6c788c1c9d0">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-5787. Ms. Schmitt can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#93e0f0fbfefae7e7bdf6fffff6fdd3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="bfccdcd7d2d6cbcb91dad3d3dad1ffdacfde91d8d0c9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 27, 2018, the Maryland Department of
the Environment (MDE) submitted to the EPA a SIP revision (#18-04)
which was intended to satisfy certain statewide RACT requirements for
sources of NO<INF>X</INF> emissions for the 2008 ozone national ambient
air quality standards (NAAQS), including those related to MWCs.\1\
Following that submittal, MDE adopted updated emission limits as RACT
for MWCs for the 2008 and 2015 ozone NAAQS and these updated emission
limits were submitted to the EPA as a revision to Maryland's SIP on
July 17, 2020 (#20-10).
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\1\ MWC means an incinerator that burns only municipal solid
waste. A large MWC is an existing municipal waste combustor that has
a capacity greater than 250 tons per day. Code of Maryland
Regulations (COMAR) 26.11.08.01.
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In this proposed rulemaking, regarding MDE's SIP revision #18-04,
the EPA is only proposing approval on the statewide RACT control
regulations and definitions that relate to MWCs. SIP revision #18-04
contains additional elements, including Maryland's certification that
the State satisfied all required statewide RACT elements for the 2008
ozone NAAQS. The EPA is not proposing to act on those other elements,
including the certification, that comprise the remainder of MDE's SIP
revision #18-04. The EPA will take separate action on those other
portions of the July 27, 2018 SIP submittal at another time. The EPA is
proposing to approve all portions of MDE's SIP revision #20-10,
submitted to the EPA on July 17, 2020.
I. Background
A. Ozone NAAQS and RACT Requirements
The CAA requires states to address emissions of NO<INF>X</INF> and
volatile organic compound(s) (VOC) from certain sources in certain
parts of the country to prevent photochemical reactions that result in
ozone formation. RACT is an important strategy for reducing
NO<INF>X</INF> and VOC emissions from major stationary sources. For
purposes of implementing the ozone NAAQS, a ``major source'' is defined
based on the source's potential to emit (PTE) NO<INF>X</INF>, VOC, or
both pollutants. See CAA sections 182, 184, and 302. The applicable
thresholds differ based on the classification of the nonattainment area
in which the source is located. See CAA section 182.
Areas designated nonattainment for the ozone NAAQS are subject to
the general nonattainment area planning requirements of CAA section
172.\2\ Section 172(c)(1) of the CAA provides that SIPs for
nonattainment areas must include reasonably available control measures
(RACM), including emissions reductions from existing sources through
adoption of RACT.
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\2\ Nonattainment areas are areas that do not meet (or that
contribute to ambient air quality in a nearby area that does not
meet) the NAAQS. Ozone NAAQS nonattainment areas are initially
classified by the design value (or level of ozone) at the time the
area was designated as nonattainment. <a href="http://www.epa.gov/green-book/ozone-designation-and-classification-information">www.epa.gov/green-book/ozone-designation-and-classification-information</a>.
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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.\3\ Sections 182(b)(2) and 182(f)(1) of the CAA require
states with Moderate or higher (Serious, Severe, or Extreme) ozone
nonattainment areas to implement RACT controls for any source covered
by a control technique guidelines (CTG) document issued by the EPA and
for all major sources of VOC and NO<INF>X</INF> emissions located in
the area.
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\3\ 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 established the Ozone Transport Region
(OTR) comprised of all or portions of 12 eastern states, including all
of Maryland. Section 184(b)(1)(B) of the CAA requires RACT to be
implemented on all sources in the OTR that are covered by a CTG.
Further, CAA section 184(b)(2) requires that any source in the OTR with
a PTE of at least 50 tons per year (tpy) of VOC ``be considered a major
stationary source and subject to the requirements which would be
applicable to major stationary sources if the area were classified as a
Moderate nonattainment area.'' As such, RACT applies to all sources of
VOC in the OTR with a PTE of at least 50 tpy.
B. Applicability of RACT Requirements in Maryland
Maryland previously has been subject to the RACT requirements
stemming from both ozone nonattainment area planning requirements and
because of its' location in the OTR. For both the
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1979 1-hour ozone NAAQS and the 1997 8-hour ozone NAAQS, the Baltimore
nonattainment area (which includes Anne Arundel, Baltimore, Carroll,
Harford, and Howard Counties of Maryland, as well as Baltimore City,
Maryland), the Washington DC nonattainment area (which includes
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties
of Maryland), and the Philadelphia nonattainment area (which includes
Cecil County, Maryland) were designated as Moderate or higher.\4\ The
remaining Maryland counties were still subject to RACT requirements
because they are in the OTR. Since the early 1990s, Maryland
implemented numerous RACT controls throughout the State to meet RACT
requirements under the 1979 1-hour and the 1997 8-hour ozone standards.
Maryland revised and promulgated its RACT regulations and demonstrated
that it complied with the 1997 RACT requirements in a SIP revision
approved by the EPA on July 13, 2012 (77 FR 41278).
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\4\ Additionally, Kent and Queen Anne's Counties in Maryland
were designated as Marginal nonattainment and therefore were not
subject to RACT requirements due to their nonattainment status.
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Under CAA section 109(d), the EPA is required to periodically \5\
review and promulgate, as necessary, revisions to the NAAQS to continue
to protect human health and the environment. On March 27, 2008 (73 FR
16436), the EPA revised the 8-hour ozone standard to 0.075 parts per
million (ppm). On May 21, 2012 (77 FR 30088), the EPA finalized
designations for the 2008 ozone NAAQS, designating as nonattainment
three areas that contain portions of Maryland, including the Baltimore
Moderate nonattainment area, the Washington, DC Marginal nonattainment
area, and the Philadelphia Marginal nonattainment area. Although the
remaining Maryland counties were designated as unclassifiable/
attainment for the 2008 ozone NAAQS, they are still part of the OTR and
are still required to address RACT requirements.
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\5\ The CAA requires the Administrator to complete a review,
making revisions as appropriate, ``at five-year intervals'' and also
authorizes review and revision, as appropriate, ``more frequently.''
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On October 26, 2015 (80 FR 65292), the EPA revised the 8-hour ozone
standard to 0.070 ppm. The EPA finalized the designations for the 2015
ozone NAAQS on June 4, 2018 (83 FR 25776), designating as nonattainment
the Baltimore area, the Washington DC area, and the Philadelphia area
as Marginal. Later, the Washington DC area \6\ was reclassified to
Moderate and both the Baltimore area \7\ and the Philadelphia area \8\
were reclassified to Moderate, and then to Serious. As with the
previous NAAQS and in accordance with CAA section 184(b), the Maryland
counties that were designated as attainment/unclassifiable for the 2015
NAAQS are still required to address RACT requirements as they are part
of the OTR. Therefore, the entire State of Maryland was required to
submit to the EPA SIP revisions that demonstrated how it meets RACT
requirements under the 2008 and 2015 ozone NAAQS, including for major
stationary sources of NO<INF>X</INF> located within the State
boundaries. Maryland 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. The State also retained its
major source thresholds at 50 tpy for VOC and 100 tpy for
NO<INF>X</INF> in all remaining Maryland counties, consistent with the
CAA requirements for states in the OTR.
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\6\ 87 FR 60897 (October 7, 2022).
\7\ See 87 FR 60897 (October 7, 2022) and 89 FR 62663 (August 1,
2024).
\8\ See 87 FR 60897 (October 7, 2022) and 89 FR 61025 (July 30,
2024).
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C. The EPA Guidance and Requirements
The EPA affirmed RACT requirements through final implementation
rules for each ozone NAAQS, as well as through guidance. On March 6,
2015 (80 FR 12264), the EPA issued its final rule for implementing the
2008 ozone NAAQS (the 2008 ozone SIP requirements rule \9\). This rule
addressed, among other things, control and planning obligations as they
apply to nonattainment areas under the 2008 ozone NAAQS, including
RACT. In this rule, the EPA specified that states can meet the RACT
requirements through the adoption of new or more stringent regulations
or controls that represent RACT control levels or through certification
that previously adopted RACT controls in their SIP revisions approved
by the EPA under a prior ozone NAAQS continue to represent adequate
RACT control levels for attainment of the 2008 ozone NAAQS.\10\ All
RACT SIP submittals, including certifications, must be accompanied by
appropriate supporting information such as consideration of information
received during the public comment period and consideration of new
data, if any. Adoption of new RACT regulations can occur when states
have new stationary sources not covered by existing RACT regulations,
or when new data or technical information indicates that a previously
adopted RACT measure does not represent a newly available RACT control
level. On December 6, 2018, the EPA published a final implementation
rule that outlined the obligations that states in the OTR and states
with ozone nonattainment areas needed to address for the 2015 ozone
NAAQS (the 2015 ozone SIP requirements rule \11\), which included
retaining general RACT requirements codified for the 2008 ozone NAAQS
at 40 Code of Federal Regulations (CFR) 51.1112.
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\9\ The 2008 implementation rule is codified at 40 CFR part 51
subpart AA. See also 80 FR 12279 (March 6, 2015).
\10\ See 80 FR 12264 at 12279 (March 6, 2015).
\11\ The 2015 SIP requirements rule is codified at 40 CFR part
51 subpart CC. See also 83 FR 62998 (December 6, 2018).
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II. Summary of Maryland's SIP Revisions
On July 27, 2018, the EPA received MDE SIP revision #18-04 which
included, among other things, MWC NO<INF>X</INF> emission limits of 205
parts per million volume (ppmv) 24-hour average.\12\ These MWC
NO<INF>X</INF> emission limits were strengthened in MDE's July 17, 2020
SIP revision #20-10. However, at least a portion of the proposed
changes included in SIP revision #18-04 provide regulatory elements
that are relied upon by SIP revision #20-10. Therefore, some components
of the SIP revision #18-04 need to be approved along with all of SIP
revision #20-10 in order to incorporate the most up to date MWC RACT
limits into the SIP.
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\12\ Moreover, the SIP submission includes a requirement that a
person may not operate a municipal waste combustor that has a
burning capacity of 35 tons or more per day and less than or equal
to 250 tons per day that was constructed on or before August 30,
1999, which results in violation of the provisions of 40 CFR part 62
subpart JJJ.
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The following definitions from SIP revision #18-04 are being
proposed for approval in this action in order to support the proposed
approval of SIP revision #20-10: ``Continuous emission monitoring,''
``Existing municipal waste combustor (existing MWC),'' ``Incinerator,''
``Incinerator operator,'' ``Malfunction,'' ``Municipal Solid Waste,''
``Municipal waste combustor (MWC),'' ``Operating day,'' ``Shutdown,''
and ``Startup.'' Additionally, revisions to sections 26.11.08.02
(Applicability) and 26.11.08.07 (Requirements for Municipal Waste
Combustors) in SIP #18-04 are incorporated into this action.\13\
Although MDE's SIP revision #18-04 includes other requests for EPA
action, this action only proposes to take action on, and proposes to
approve, the
[[Page 23048]]
rule, and associated definitions, implementing NO<INF>X</INF> RACT
requirements for MWCs.\14\
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\13\ Note that both sections were subsequently updated through
SIP revision #20-10.
\14\ The EPA will take separate action on all other areas of the
July 27, 2018 SIP submission.
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SIP revision #20-10 incorporates two rounds of regulatory
revisions. The first action, which Maryland adopted on December 6,
2018, repealed the then-existing State NO<INF>X</INF> RACT regulations
codified at COMAR 26.11.09.08H and also promulgated new NO<INF>X</INF>
RACT emission limits for large MWCs at COMAR 26.11.08.10.\15\ This new
regulation, COMAR 26.11.08.10, adopted by Maryland in December 2018,
requires that the State's two large MWCs \16\ meet specific 24-hour
block average emission rates by May 1, 2019, and NO<INF>X</INF> 30-day
rolling average emission rates by May 1, 2020, except during periods of
startup and shutdown.
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\15\ This original State revision also amended opacity
requirements under 26.11.01, added definitions, repealed
26.11.08.08-l and updated references to 26.11.08.08-2, which was the
current emission standards and requirements for Hospital, Medical,
and Infectious Waste Incinerators (HMIWIs).
\16\ The Montgomery County Resource Recovery Facility and the
Wheelabrator Baltimore, Inc..
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At the time, the EPA's 2015 SSM policy \17\ required that emission
limits be in place at all times, even during startup and shutdown
periods, and so in Maryland's second state-level action, MDE made
revisions to ensure that during all hours of large MWC operation, there
was an applicable NO<INF>X</INF> emission standard in place. This
second action was adopted by the State of Maryland on May 4, 2020.
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\17\ The EPA's 2015 SSM SIP Policy; Findings of Substantial
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and Malfunction, (80
FR 33839, June 12, 2015).
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Overall, the SIP changes proposed through the MWC portion of SIP
revision #18-04 and SIP revision #20-10 establish the following:
<bullet> Small MWCs, those with a capacity of at least 35 tons and
less than or equal to 250 tons per day, that were constructed on or
before August 30, 1999 shall not be in violation of the provisions of
40 CFR part 62 subpart JJJ.\18\
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\18\ Includes requirements to install and operate continuous
emission monitoring for NO<INF>X</INF> and emissions limits
according to combustion technology (See table 3 of subpart JJJ).
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<bullet> New NO<INF>X</INF> RACT standards and requirements for
large MWCs with a capacity greater than 250 tons per day under COMAR
26.11.08.10.
[cir] Maryland's two large MWCs shall meet individual
NO<INF>X</INF> 30-day rolling average emission rates by May 1, 2020.
[ssquf] The Montgomery County Resource Recovery facility (MCRR)
shall meet a NO<INF>X</INF> 30-day rolling average emission rate of 105
ppmv.
[ssquf] The Wheelabrator Baltimore, Inc. facility (Wheelabrator)
shall meet a NO<INF>X</INF> 30-day rolling average emission rate of 145
ppmv.
[cir] During periods of startup and shutdown the Montgomery County
Resource Recovery Facility shall meet a facility wide NO<INF>X</INF>
emission limit of 202 lbs/hr timed average mass loading over a 24-hour
period and the Wheelabrator Baltimore, Inc. facility shall meet a
facility wide NO<INF>X</INF> emission limit of 252 lbs/hr timed average
mass loading over a 24-hour period. The duration of startup and
shutdown procedures for a large MWC are not to exceed three hours per
occurrence, and the NO<INF>X</INF> 24-hour mass emission limits apply
during these times.
[cir] Large MWCs shall continuously monitor NO<INF>X</INF>
emissions with a continuous emission monitoring system (CEMS) and
submit quarterly reports to MDE. These reports will include data,
information, and calculations which demonstrate compliance with the
NO<INF>X</INF> RACT emission rates and NO<INF>X</INF> mass loading
emission limits as well as flagged periods of startup and shutdown and
exceedance of emission rates and documented actions taken during
periods of startup and shutdown in signed, contemporaneous operating
logs.
III. The EPA's Evaluation of the Submittals
MDE's revisions to their state MWC regulations were made through
three separate state-level revisions which were submitted to the EPA
through two SIP submittals, one on July 27, 2018 (SIP revision #18-04),
and another on July 17, 2020 (SIP revision #20-10). In addition to
revising the NO<INF>X</INF> emission limits for MWCs in Maryland and
setting these limits as RACT, the July 17, 2020, SIP submission also
addresses previous aspects of the regulation that allowed for non-
continuous limits during startup and shutdown, in accordance with the
EPA's 2015 SSM Policy. Overall, encompassing all three revisions
submitted by MDE to the EPA, the State is requesting to adopt into its
SIP, NO<INF>X</INF> emission limits for large MWCs as well as
additional NO<INF>X</INF> emission rates for MWCs in warm-up mode so
that all operating hours have a NO<INF>X</INF> standard in place.\19\
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\19\ Maryland is also requesting to adopt into its SIP the
requirements for small MWCS under COMAR 26.11.08.07.
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The amendments to COMAR 26.11.08.10 contain regulations that
required Wheelabrator to meet a NO<INF>X</INF> 24-hour block average
emission rate of 150 ppmv and for MCRR to meet a NO<INF>X</INF> 24-hour
block average emission rate of 140 ppmv. The NO<INF>X</INF> 24-hour
block average emission rate of 150 ppmv is consistent with RACT rates
in Connecticut, New Jersey, New York, and Massachusetts. Table 1, in
this document provides a look at the NO<INF>X</INF> limits MWCs in
certain OTR states. Additionally, to further ensure consistent long-
term operation of NO<INF>X</INF> control technologies, Maryland
required the large MWCs to meet new, individual NO<INF>X</INF> 30-day
rolling average emission rates by May 1, 2020.\20\
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\20\ Wheelabrator's NO<INF>X</INF> 30-day rolling average
emission rate is 145 ppmv and MCRR's is 105 ppmv.
Table 1--State NOX Limits for Municipal Waste Combustors
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NOX limits ppmvd at 7%
State oxygen Averaging period Rule citation
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Connecticut................. 146 (processed- 24-hour average................. 22a-174-38 (SIP
municipal solid waste approved for the 2008
combustor). and 2015 ozone NAAQS,
87 FR 38284, June 28,
2022).
150 (mass burn
waterfall combustor).
177 (mass burn
refractory combustor).
New Jersey.................. 150.................... calendar day.................... N.J.A.C. 7:27-19.12
(SIP approved for the
2008 ozone NAAQS, 83
FR 50506, October 9,
2018).
New York.................... 150 (mass burn 24-hour average................. 219-10.2 (SIP approved
waterfall). for the 2008 and 2015
170 (rotary combustor). ozone NAAQS, 88 FR
77208, November 9,
2024).
150 (mass burn annual..........................
waterfall)..
150 (rotary combustor).
[[Page 23049]]
Massachusetts............... 150 (mass burn 24-hour average................. 310 CMR 7.08 (SIP
waterfall). approved for the 2008
146 (refuse-derived and 2015 ozone NAAQS,
fuel stoker).. 85 FR 65236, October
15, 2020).
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Maryland's third revision to the State's MWC regulation created a
mass-based emission limit for warm-up periods, which ends when startup
begins.\21\ \22\ For further details regarding the analysis and changes
Maryland completed to the startup, shutdown, and warm-up periods of the
large MWC regulation, refer to the technical support document (TSD)
that accompanies this proposed rulemaking. The TSD can be found under
<a href="http://www.regulations.gov">www.regulations.gov</a> for Docket ID No. EPA-R03-OAR-2025-0267.
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\21\ Startup is when municipal waste is being fed into the
combustor. Startup and shutdown are limited to three hours in
duration.
\22\ See pages 356-362 of MDE's July 17, 2020 SIP submittal,
#20-10, Part 2 of 2.
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V. Proposed Action
The EPA's review of Maryland's July 17, 2020, SIP revision #20-10
and the relevant portions of the State's July 27, 2018, SIP revision
#18-04 indicates that the revisions to COMAR 26.11.08 will assist the
State with NO<INF>X</INF> reductions. The EPA is proposing to approve
the Maryland SIP revisions as meeting the CAA's major source
NO<INF>X</INF> RACT requirement for municipal waste combustors for both
the 2008 ozone NAAQS and the 2015 ozone NAAQS. The EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
VI. Incorporation by Reference
In this document, the EPA is proposing to include in final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the COMAR regulations described in section II of this
document. The EPA made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region
III Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
VII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-08364 Filed 4-28-26; 8:45 am]
BILLING CODE 6560-50-P
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