[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59486-59488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0054; FRL-9951-22-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Emissions From Various Processes and Fuel-Burning 
Equipment From Kraft Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting 
conditional approval of a state implementation plan (SIP) revision 
submitted by the Maryland Department of the Environment (MDE). The 
revisions adds and amends regulations in the SIP which control 
emissions from various processes and fuel-burning equipment at Kraft 
pulp mills. The SIP revision includes the following: a new definition 
for ``NOX Ozone Season Allowance;'' a new regulation with 
nitrogen oxides (NOX) limits for fuel-burning equipment 
located at Kraft pulp mills; a removal and relocation of existing 
NOX reasonably available control technology (RACT) 
requirements for Kraft pulp mills into another Maryland regulation; and 
a revised regulation which clarifies the volatile organic compound 
(VOC) control system and emission requirements for several process 
installations at Kraft pulp mills. EPA is granting conditional approval 
because the new Maryland definition references the defunct Clean Air 
Interstate Rule (CAIR) and because MDE provided a commitment to remove 
all references to CAIR within the definition of ``NOX Ozone 
Season Allowance'' and submit a revised definition as a new SIP 
revision, no later than a year from EPA finalizing this conditional 
approval. Upon timely meeting of this commitment, EPA will propose to 
convert the conditional approval of the SIP revision to a final, full 
approval. This action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on September 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2016-0054. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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

[[Page 59487]]

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 http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814 2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 20, 2016 (81 FR 31887), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to 
grant conditional approval of revisions to regulations in Maryland's 
SIP which control emissions from various processes and fuel-burning 
equipment at Kraft pulp mills. The formal SIP revision (14-04) was 
submitted by MDE on October 15, 2014.

II. Summary of SIP Revision

    MDE's SIP revision adds and amends regulations in order to control 
emissions from various processes and fuel-burning equipment at Kraft 
pulp mills. The SIP revision adds a definition for ``NOX 
Ozone Season Allowance'' and establishes applicability, compliance 
requirements, monitoring and reporting requirements, allowances, and 
NOX emission standards and limits for Kraft pulp mills. The 
SIP revision also removes subsection (C)(h) of the Code of Maryland 
Regulations (COMAR) 26.11.09.08 from the Maryland SIP because the 
NOX requirements for pulp mills have been relocated to COMAR 
26.11.14.07. The SIP revision clarifies the VOC control system and 
requirements for several process installations at Kraft pulp mills.
    Other specific requirements of the SIP revision and the rationale 
for EPA's action to grant conditional approval are explained in the NPR 
and will not be restated here. No public comments were received on the 
NPR.

III. Final Action

    EPA is granting conditional approval of Maryland's October 15, 2014 
SIP revision concerning the regulations and requirements to control 
NOX and VOC emissions from various processes and fuel-
burning equipment at Kraft pulp mills as it strengthens the SIP with 
provisions related to controlling emissions of NOX and VOC. 
The conditional approval is contingent upon MDE's September 29, 2015 
commitment to remove references to the now defunct CAIR CAA allowance 
trading program within the definition of ``NOX Ozone Season 
Allowance,'' at COMAR 26.11.01.01 and replace with another allowance 
mechanism. Once EPA has determined that MDE has satisfied this 
condition and EPA approves the revised definition, EPA shall remove the 
conditional nature of its approval and this SIP revision will at that 
time receive full approval status.

IV. Incorporation by Reference

    In this rule, with our conditional approval, EPA is finalizing 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is finalizing, with our 
conditional approval, the incorporation by reference of revisions to 
COMAR 26.11.01.01, COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 
26.11.14.06. Therefore, these materials have been conditionally 
approved by EPA for inclusion in the SIP, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
materials generally available through http://www.regulations.gov and/or 
at the EPA Region III Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 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. 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).

[[Page 59488]]

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 October 31, 2016. 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 the regulations and requirements for the 
control of emissions from various processes and fuel-burning equipment 
from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: August 12, 2016.
Shawn M. Garvin,
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, paragraph (c) table is amended by revising the 
entries for ``26.11.01.01'', ``26.11.09.08'', ``26.11.14.06'', and 
adding in numerical order the entry for ``26.11.14.07''to read as 
follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c)* * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                          State                          Additional explanation/
 Code of Maryland Administrative     Title/subject      effective    EPA Approval date      citation at 40 CFR
  Regulations (COMAR) citation                             date                                  52.1100
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                                   26.11.01 General Administrative Provisions
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26.11.01.01.....................  Definitions........     03/03/14  08/30/16...........  Revised definition of
                                                                                          ``NOX Ozone Season
                                                                                          Allowance'' and
                                                                                          Conditional Approval
                                                                                          of definition of ``NOX
                                                                                          Ozone Season
                                                                                          Allowance''.
 
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  26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
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                                                  * * * * * * *
26.11.09.08.....................  Control of NOX          03/03/14  08/30/16 [Insert     Removed and relocated
                                   Emissions for                     Federal Register     existing NOX RACT
                                   Major Stationary                  citation].           requirements under
                                   Sources.                                               COMAR 26.11.14.07.
                                                                                          Conditional Approval.
 
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                               26.11.14 Control of Emissions From Kraft Pulp Mills
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                                                  * * * * * * *
26.11.14.06.....................  Control of Volatile     03/03/14  08/30/16 [Insert     Amended to clarify
                                   Organic Compounds.                Federal Register     volatile organic
                                                                     citation].           compound (VOC) control
                                                                                          system and
                                                                                          requirements at Kraft
                                                                                          pulp mills.
                                                                                          Conditional Approval.
26.11.14.07.....................  Control of NOX          03/03/14  08/30/16 [Insert     Regulation Added.
                                   Emissions from                    Federal Register     Conditional Approval.
                                   Fuel Burning                      citation].
                                   Equipment.
 
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[FR Doc. 2016-20654 Filed 8-29-16; 8:45 am]
 BILLING CODE 6560-50-P