[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38403-38405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16386]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0225; FRL-9930-08-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Minor New Source Review Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
January 24, 2013 State Implementation Plan (SIP) revision submitted for 
the State of Maryland by the Maryland Department of the Environment 
(MDE). This revision pertains to preconstruction permitting 
requirements under Maryland's minor New Source Review (NSR) program. 
This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on August 5, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2015-0225. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the electronic 
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard 
copy for public inspection 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: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 29, 2015 (80 FR 23756), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of revisions to MDE's minor NSR program. The formal SIP 
revision (#12-10) was submitted by MDE on behalf of the State of 
Maryland on January 24, 2013.
    The revision consists of amendments to Regulation .09 under section 
26.11.02 of the Code of Maryland Regulations (COMAR). An amendment to 
COMAR 26.11.01.01 inadvertently widened the universe of sources that 
are required to obtain a permit to construct under COMAR 26.11.02.09. 
The previously approved version of COMAR 26.11.02.09A(4) requires that 
any ``National Emission Standards for Hazardous Air Pollutants Source 
(NESHAP Source) as defined in section 26.11.01.01 . . .'' obtain a 
permit to construct. The definition of NESHAP Source at COMAR 
26.11.01.01B(21) was amended and simplified (specifically, 
26.11.01.01B(21)(b)), effective March 5, 2012.\1\ The revised 
definition had the unintended consequence of requiring that all sources 
subject to the NESHAP obtain a permit to construct, even the small 
emission sources which had previously been exempt under section 
26.11.02.10. The proposed revision to section 26.11.02.09A(4) allows 
MDE to retain the exemptions for smaller sources as originally intended 
and already approved in the Maryland SIP. Additionally, Regulations 
.09A(3) and .09A(4) under section 26.11.02 were revised to clarify that 
electric generating stations that meet the definitions of New Source 
Performance Standard (NSPS) sources and NESHAP sources are exempt from 
MDE permitting requirements only if they receive a Certificate of 
Public Convenience and Necessity (CPCN) from the Maryland Public 
Service Commission (PSC).
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    \1\ It should be noted that COMAR 26.11.01.01B(21) is not part 
of the Maryland SIP.
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II. Summary of SIP Revision

    COMAR 26.11.02.09A(4) has been revised to specify that NESHAP 
sources ``. . . as defined by COMAR 26.11.01.01B(21)(a),'' are required 
to obtain a permit to construct. This corrects the unintended 
consequence of applying MDE permitting requirements to emission sources 
that would otherwise be exempt. COMAR 26.11.02.09A(6) will continue to 
require that all sources not explicitly exempt are required to obtain a 
permit to construct. Additionally, as previously discussed, Regulations 
.09A(3) and .09A(4) under section 26.11.02 have been revised to clarify 
that electric generating stations that meet the definitions of NSPS 
sources and NESHAP sources are exempt from permitting requirements only 
if they receive a CPCN from the Maryland PSC.

[[Page 38404]]

The revisions were effective in Maryland on July 8, 2013.
    As was noted in the NPR, limited approval was previously granted to 
a Maryland SIP revision that included amendments to COMAR 26.11.02.09. 
See 77 FR 6963 (February 10, 2012). The reasons for that limited 
approval are unrelated to this action, and do not prevent EPA from 
granting full approval to amendments to section 26.11.02.09 contained 
in the January 24, 2013 submittal. That limited approval remains in 
effect.
    Other specific requirements of MDE's January 24, 2013 submittal and 
the rationale for EPA's proposed action are explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving MDE's January 24, 2013 submittal as a revision to 
the Maryland SIP. This action is being taken in accordance with CAA 
section 110.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the MDE rules regarding definitions and permitting 
requirements discussed in section II of this preamble. The EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

V. 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 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 (Public Law 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 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 4, 2015. 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 minor NSR program 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, Sulfur oxides, Volatile organic compounds.

    Dated: June 22, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    40 CFR part 52 is amended 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 (c) is amended by revising 
the entry for COMAR 26.11.02.09. The revised text reads as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

[[Page 38405]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                  Additional
 Code of Maryland Administrative                             State                               explanation/
   Regulations (COMAR) citation       Title/subject     effective date   EPA approval date    Citation at 40 CFR
                                                                                                   52.1100
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                                  26.11.02 Permits, Approvals, and Registration
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                                                  * * * * * * *
26.11.02.09......................  Sources Subject to           7/8/13  7/6/15 [Insert       .09A(3) and .09A(4)
                                    Permits to                           Federal Register     are amended.
                                    Construct.                           citation].           Limited approval
                                                                                              remains in effect.
 
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[FR Doc. 2015-16386 Filed 7-2-15; 8:45 am]
 BILLING CODE 6560-50-P