[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20292-20293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0047; FRL-9961-49-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Requirements for Continuous Emission Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision pertains to removing a discontinued 
Technical Memorandum 90-01 (TM 90-01) from Maryland's SIP, which is now 
superseded by a new continuous emission monitoring (CEM) regulation. 
Maryland previously used TM 90-01 to govern the CEM requirements for 
fuel burning equipment. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before May 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0047 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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. 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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In May 2010, the State of Maryland through the Maryland Department 
of the Environment (MDE) discontinued the use of TM 90-01 ``Continuous 
Emission Monitoring Policies and Procedures'' and codified these 
requirements for CEMs in Maryland regulation COMAR 26.11.01.11 
``Continuous Emission Monitoring Requirements.'' MDE had been in the 
process of establishing unique requirements for CEMs, separate from the 
requirements for continuous opacity monitors (COMs), and broke out the 
requirements into separate COMAR regulations. On November 7, 2016 (81 
FR 78048), EPA approved these separate regulations into Maryland's SIP.

II. Summary of SIP Revision and EPA Evaluation

    On July 1, 2016, MDE submitted a SIP revision to remove 
discontinued TM 90-01 from Maryland's SIP because TM 90-01 had been 
superseded by COMAR 26.11.01.11. EPA previously approved TM 90-01 into 
Maryland's SIP on February 28, 1996. See 61 FR 7418. MDE also submitted 
a revised version of COMAR 26.11.10.06 ``Control of Volatile Organic 
Compounds from Iron and Steel Production Installations'' for inclusion 
in the Maryland SIP which removed a reference to TM 90-01 in section 
C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 
in COMAR 26.11.10.06.
    On November 7, 2016 (81 FR 78048), EPA approved COMAR 26.11.01.11 
into the Maryland SIP. This newly SIP approved regulation establishes 
general requirements, quality assurance provisions, and monitoring and 
compliance requirements for the installation of CEMs for each of the 
applicable source categories. TM 90-01 previously had addressed quality 
assurance provisions for CEMs and had also established levels of 
enforcement actions for Maryland for visible emissions exceedances 
based on a source's operating time during a calendar quarter, and 
allowed exceedances to occur without follow up enforcement for up to 10 
percent of a source's operating time in addition to an existing 6-
minute exclusion. Maryland's CEM quality assurance requirements are now 
in COMAR 26.11.01.11 which is in the Maryland SIP. The removal of TM 
90-01, which contained enforcement exclusions related to the number of 
violations and data availability from CEMs and COMs, strengthens 
enforcement of Maryland's visible emissions standards. COMAR 
26.11.01.11 does not contain any exclusions for the operation of CEMs.
    Therefore, EPA is removing a moot memorandum from the SIP which has 
already been replaced by a regulatory requirement and thus this removal 
will not interfere with any CAA requirement, with any national ambient 
air quality standard (NAAQS), or with any reasonable further progress 
and the removal meets requirements in section 110(l) of the CAA. Due to 
the removal of TM 90-01, MDE has also removed a reference to TM 90-01 
in COMAR 26.11.10.06 in section C(3)(b) and added a reference to COMAR 
26.11.01.11 which EPA finds appropriate. This amendment to COMAR 
26.11.10.06 will also be reflected in the SIP.

III. Proposed Action

    EPA is proposing to approve the July 1, 2016 Maryland SIP revision 
submittal, which seeks removal of discontinued TM 90-01 from the 
Maryland SIP in accordance with section 110 of the CAA. The CEM 
requirements for quality assurance, monitoring and other technical 
requirements under discontinued TM 90-01 have been superseded and 
codified under COMAR 26.11.01.11. EPA is soliciting public comments on 
the issues discussed in this document. These comments will be 
considered before taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking, EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference COMAR 26.11.01.11 in the amendment to COMAR

[[Page 20293]]

26.11.10.06C(3)(b), as previously discussed in section II in this 
rulemaking. 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).

V. Statutory and Executive Order Reviews

    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 proposed 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 proposed rulemaking to remove discontinued TM 90-
01 from Maryland's SIP and include revised COMAR 26.11.10.06 in the SIP 
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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 3, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-08656 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P