[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Rules and Regulations]
[Pages 34644-34647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14766]
[[Page 34644]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2008-0871; FRL-9164-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Transportation Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revisions establish
transportation conformity regulations for the State of Maryland. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on August 17, 2010 without further
notice, unless EPA receives adverse written comment by July 19, 2010.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2008-0871 by one of the following methods:
A. http://www.regulations.gov, Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2008-0871, Cristina Fernandez, Associate
Director, Office of Air Planning Programs, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2008-0871. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or e-mail. The www.regulations.gov Web site is an anonymous access
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Martin Kotsch, (215) 814-3335, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is transportation conformity?
Transportation conformity is required under section 176(c) of the
Clean Air Act to ensure that Federally supported highway, transit
projects, and other activities are consistent with (conform to) the
purpose of the SIP. Conformity currently applies to areas that are
designated nonattainment, and those redesignated to attainment after
1990 (maintenance areas), with plans developed under section 175A of
the Clean Air Act for the following transportation related criteria
pollutants: Ozone, particulate matter (PM2.5 and
PM10), carbon monoxide (CO), and nitrogen dioxide
(NO2). Conformity for purposes of the SIP means that
transportation activities will not cause new air quality violations,
worsen existing violations, or delay timely attainment of the relevant
national ambient air quality standards (NAAQS). The transportation
conformity regulation is found in 40 CFR part 93 (``Federal conformity
rule'') and provisions related to conformity SIPs are found in 40 CFR
51.390.
II. What is the background for this action?
On August 10, 2005, the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed
into law. SAFETEA-LU revised certain provisions of section 176(c) of
the Clean Air Act, related to transportation conformity. Prior to
SAFETEA-LU, States were required to address all of the Federal
conformity rule's provisions in their conformity SIPs. After SAFETEA-
LU, State's SIPs were required to contain all or portions of only the
following three sections of the Federal conformity rule, modified as
appropriate to each State's circumstances: 40 CFR 93.105 (consultation
procedures); 40 CFR 93.122(a)(4)(ii) (written commitments to implement
certain kinds of control measures); and 40 CFR 93.125(c) (written
commitments to implement certain kinds of mitigation measures). States
are no longer required to submit conformity SIP revisions that address
the other sections of the Federal conformity rule.
III. What did the State submit and how did we evaluate it?
On August 4, 1998, the Maryland Department of the Environment
submitted a revision to its State Implementation Plan (SIP), Revision
98-14, to EPA for parallel processing for transportation
conformity amendments adopted on May 4, 1995 and proposed for adoption
on July 31, 1998. The SIP revision included regulations .01, .02, and
.03 under COMAR 26.11.26 (Conformity). On January 29, 2003, the
Maryland Department of the Environment submitted a revision to its SIP,
Revision 03-02, for transportation conformity amendments that
were adopted on July 12, 1999. The 2003 SIP revision included
amendments to Regulations 26.11.26.02 and .03, new Regulations
[[Page 34645]]
.04 through .08, and recodification of Regulation .04 to Regulation .09
(excluding Regulation .06). On February 5, 2007, the Maryland
Department of the Environment submitted a revision to its SIP, Revision
06-07, for transportation conformity purposes. The SIP
revision included amendments to Regulation 26.11.26.01 through .05 and
.07 through .09. This SIP revision addresses the three provisions of
the EPA Conformity Rule required under SAFETEA-LU: 40 CFR 93.105
(consultation procedures); 40 CFR 93.122(a)(4)(ii) (control measures);
and 40 CFR 93.125(c) (mitigation measures). On July 8, 2008, the
Maryland Department of the Environment supplemented its SIP with
Revision 06-07. The SIP submission corrected minor citation
errors, removed COMAR 26.11.26.05E(4), and corrected a citation in
COMAR 26.11.26.01 which was mislabeled as section 176(c) of the Clean
Air Act and should have read section 176(c)(4)(E) of the Clean Air Act.
We reviewed the submittals to assure consistency with the February
14, 2006, ``Interim Guidance for Implementing the Transportation
Conformity provisions in SAFETEA-LU.'' The guidance document can be
found at http://epa.gov/otaq/stateresources/transconf/policy.htm. The
guidance document states that each State is only required to address
and tailor the aforementioned three sections of the Federal Conformity
Rule to be included in their State conformity SIPs. EPA's review of
Maryland's SIP Revision indicates that it is consistent with EPA's
guidance in that it includes the three aforementioned regulatory
elements specified by SAFETEA-LU. Consistent with the EPA Conformity
Rule at 40 CFR 93.105 (consultation procedures), COMAR 26.11.26.02,
COMAR 26.11.26.04, and COMAR 26.11.26.05 identify the appropriate
agencies, procedures, and allocation of responsibilities. In addition,
COMAR 26.11.26.07 provides for appropriate public consultation/public
involvement consistent with 40 CFR 93.105. With respect to the
requirements of 40 CFR 93.122(a)(4)(ii) and 40 CFR 93.125(c), the SIP
specifies that written commitments to implement control measures and
mitigation measures for meeting these requirements will be provided as
needed.
IV. Final Action
EPA is approving the Maryland SIP revisions for Transportation
Conformity, which were submitted on August 4, 1998, January 29, 2003,
February 5, 2007, and supplemented on July 8, 2008. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the Proposed Rules section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on August 17, 2010 without further notice unless EPA
receives adverse comment by July 19, 2010. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 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:
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);
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 Clean Air Act; 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 August 17, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this final rule 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
[[Page 34646]]
of such rule or action. This action to approve the Maryland
transportation conformity regulation 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: June 7, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 (c) is amended by removing
the existing entries for COMAR 26.11.26.01 and 26.11.26.03, and adding
new entries for COMAR 26.11.26.01, 26.11.26.02, 26.11.26.03,
26.11.26.04, 26.11.26.05, 26.11.26.07, 26.11.26.08, and 26.11.26.09.
The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
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Additional
Code of Maryland administrative State explanation/
regulations (COMAR) citation Title/subject effective EPA approval date citation at 40 CFR
date 52.1100
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26.11.26 Conformity
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26.11.26.01....................... Purpose............. 1/29/07 June 18, 2010....... New Regulation.
[Insert page number
where the document
begins].
26.11.26.02....................... Definitions......... 8/9/99 June 18, 2010 Definitions added
1/29/07 [Insert page number for transportation
where the document conformity;
begins]. definitions for
general conformity
were approved at
(c)(136).
26.11.26.03....................... Transportation 6/5/95 June 18, 2010 New Regulation;
Conformity. 1/29/07 [Insert page number current COMAR
where the document citation is current
begins]. COMAR citation is
26.11.26.04.
26.11.26.04....................... Transportation 8/9/99 June 18, 2010 New Regulation;
Conformity--Consult 1/29/07 [Insert page number current COMAR
ation in General. where the document citation is
begins]. 26.11.26.05.
26.11.26.05....................... Transportation 8/9/99 June 18, 2010 New Regulation;
Conformity--Interag 1/29/07 [Insert page number current COMAR
ency Consultation 6/30/08 where the document citation is
Requirements. begins]. 26.11.26.06.
26.11.26.07....................... Transportation 8/9/99 June 18, 2010....... New Regulation;
Conformity--Public 1/29/07 [Insert page number current COMAR
Consultation where the document citation is
Procedures. begins]. 26.11.26.08.
26.11.26.08....................... Transportation 8/9/99 June 18, 2010....... New Regulation;
Conformity--Interag 1/29/07 [Insert page number current COMAR
ency Consultation. where the document citation is
begins]. 26.11.26.09.
26.11.26.09....................... General Conformity.. 1/29/07 June 18, 2010....... Formerly SIP
[Insert page number regulation
where the document 26.11.26.03.
begins].
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[FR Doc. 2010-14766 Filed 6-17-10; 8:45 am]
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