[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22290-22291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09492]



[[Page 22290]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0042; FRL-9961-38-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revisions and Amendments to Regulations for Continuous 
Opacity Monitoring, Continuous Emissions Monitoring, and Quality 
Assurance Requirements for Continuous Opacity Monitors; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an omission in the rule language of a 
final rule pertaining to changes and amendments to Maryland regulations 
for continuous opacity monitoring (COM or COMs) and continuous 
emissions monitoring (CEM or CEMs) and to an amendment adding 
requirements for quality assurance and quality control as they pertain 
to COMs. EPA approved these revisions to the COMs and CEMs requirements 
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This document is effective on May 15, 2017.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 7, 2016, (81 FR 78048), EPA 
published a final rulemaking action approving revisions and amendments 
to Maryland regulations for COMs, CEMs, and quality assurance 
requirements for COMs.
    In the ``Identification of Plan'' table on page 78052 of the 
rulemaking action published on November 7, 2016, we added only the 
title for Maryland regulation COMAR 26.11.31 ``Quality Assurance 
Requirements for Opacity Monitors (COMs)'' to 40 CFR 52.1070(c) and 
inadvertently omitted approved sections COMAR 26.11.31.01 through .12. 
The intent of the approved rulemaking was to incorporate the entire 
COMAR 26.11.31 regulation into the Maryland SIP. The revised rule 
language in this correcting rulemaking action is now adding the omitted 
language for each section of COMAR 26.11.31 in the Code of Federal 
Regulations (CFR). These sections were part of the original approval 
and are to be included in the CFR through this correction.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
inadvertent, incorrect citation in a previous action which fully 
discussed the regulation added to the Maryland SIP and provided a 
proposal and opportunity for comment. Thus, notice and public procedure 
are unnecessary. We find that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
not subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because 
the agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedures Act or any other statute as indicated in the Supplementary 
Information section above, it is not subject to the regulatory 
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not 
significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does not have a substantial direct effect 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of May 15, 
2017.
    EPA will submit a report containing this rule 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. This correction of the rule language 
in 40 CFR 52.1070(c) pertaining to changes and amendments to Maryland 
regulations for COMs and CEMs is not a ``major rule'' as defined by 5 
U.S.C. 804(2).


[[Page 22291]]


    Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region III.

0
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 adding 
under heading ``26.11.30 Policies and Procedures Relating to Maryland's 
NOX Reduction and Trading Program'' entries ``26.11.31.01 
through 26.11.31.12'' in numerical order to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  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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                                                  * * * * * * *
            26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.31.01....................  Scope..................       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.02....................  Applicability..........       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.03....................  Incorporation by              6/13/2011  11/7/2016 81 FR
                                  Reference.                               78048.
26.11.31.04....................  Definitions............       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.05....................  Principle..............       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.06....................  Quality Control               6/13/2011  11/7/2016 81 FR
                                  Requirements.                            78048.
26.11.31.07....................  Opacity Calibration           6/13/2011  11/7/2016 81 FR
                                  Drift Assessment.                        78048.
26.11.31.08....................  Audit Frequency........       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.09....................  Performance Audit......       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.10....................  Calibration Error             6/13/2011  11/7/2016 81 FR
                                  Methods.                                 78048.
26.11.31.11....................  Zero Alignment Audit...       6/13/2011  11/7/2016 81 FR
                                                                           78048.
26.11.31.12....................  Corrective Actions.....       6/13/2011  11/7/2016 81 FR
                                                                           78048.
 
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[FR Doc. 2017-09492 Filed 5-12-17; 8:45 am]
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