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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Rules and Regulations
through the Maryland Department of the Environment, on July 6, 2020.

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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 182a3B for the 2015 ozone NAAQS.
EPA first approved Marylands SIP
submittal satisfying CAA section 182a3B on October 12, 1994 59 FR
51517 and has approved Marylands submissions for section 182a3B for each succeeding revision of the ozone NAAQS. Marylands emissions reporting requirements are codified in Code of Maryland Regulations COMAR
26.11.01.051 Emissions Statements.
COMAR 26.11.01.051 requires sources that emit above specified thresholds of Nitrogen Oxides NOX 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 sources actual emissions.
In Marylands July 6, 2020 SIP
submittal, Maryland certifies that the existing COMAR 26.11.01.051
Emissions Statements continues to satisfy section 182a3B for the 2015
ozone NAAQS because Maryland has not made any changes since EPAs prior approval and COMAR 26.11.01.051
meets the CAA requirements for emission statements. EPA finds that COMAR 26.11.01.051 continues to satisfy CAA section 182a3B because the existing rule is applicable to the entire State of Maryland and requires stationary sources that emit NOX or VOC to submit an emissions statement to the State detailing the sources emissions. EPA finds that Marylands 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 26.11.01.051, which is currently in the Maryland SIP, is appropriate to address the emissions statement requirement in section 182a3B and is approving this SIP
revision.
Other specific requirements of and the rationale for EPAs proposed action are explained in the NPRM and will not be restated here. No public comments were received on the NPRM.

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III. Final Action EPA is approving, as a SIP revision, the State of Marylands July 6, 2020
emissions statement certification for the 2015 ozone NAAQS as approvable under CAA section 182a3B.
Marylands emissions statement certification certifies that Marylands existing SIP-approved emissions statement program under COMAR
26.11.01.051 satisfies the requirements of CAA section 182a3B 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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;
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. 1044;
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 12d 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
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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. 8042.
C. Petitions for Judicial Review Under section 307b1 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 307b2.
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.

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