[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24549-24552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 204-3120; FRL-9959-24-Region 3]


Air Plan Approval; Maryland; Update to Materials Incorporated by 
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the Maryland 
state implementation plan (SIP). The regulations affected by this 
update have been previously submitted by the Maryland Department of the 
Environment (MDE) and approved by EPA. This update affects the SIP 
materials that are available for public inspection at the National 
Archives and Records Administration (NARA) and the EPA Regional Office.

DATES: This action is effective May 30, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On November 29, 2004 (69 FR 69304), EPA published a document 
in the Federal Register beginning the new IBR procedure for Maryland. 
On February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11, 
2008 (73 FR 12895), March 19, 2009 (74 FR 11647), and August 22, 2011 
(76 FR 52278), EPA published updates to the IBR material for Maryland.
    Since the publication of the last IBR update, EPA has approved the 
following regulatory changes to the following regulations, statutes, 
and source-specific actions for Maryland:

A. Added

    1. COMAR 26.11.09.10 (Requirements to Burn Used Oil and Waste 
Combustible Fluid as Fuel).
    2. COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning Equipment 
Equal to or Greater Than 350,000 Btu/hr).
    3. COMAR 26.11.17.06 through .09 (Requirements for New Sources and 
Modifications).
    4. COMAR 26.11.19.07-2 (Plastic Parts and Business Machines 
Coating).
    5. COMAR 26.11.19.27-1 (Control of Volatile Organic Compounds from 
Pleasure Craft Coating Operations).
    6. COMAR 26.11.26.01, 26.11.26.04 through .09 (Conformity).
    7. COMAR 26.11.34.01 through .14 (Low Emissions Vehicle Program).
    8. COMAR 26.11.35.01 through .07 (Volatile Organic Compounds from 
Adhesives and Sealants).
    9. COMAR 20.79.01.01 (part), .02 (part), and .06 (Applications 
Concerning the Construction or Modification of Generating Stations and 
Overhead Transmission Lines--General).
    10. COMAR 20.79.02.01 through 20.79.02.03 (Applications Concerning 
the Construction or Modification of Generating Stations and Overhead 
Transmission Lines--Administrative Provisions).
    11. COMAR 20.79.03.01 and 20.79.03.02 (part) (Applications 
Concerning the Construction or Modification of Generating Stations and 
Overhead Transmission Lines--Details of Filing Requirements--Generating 
Stations).
    12. Public Utility Companies Article of the Annotated Code of 
Maryland, sections 7-205, 7-207 (part), 7-207.1 (part), and 7-208.
    13. Annotated Code of Maryland, title 15 (Public Ethics) which was 
also removed and replaced (see section C of this rulemaking).
    14. Annotated Code of Maryland, section 5-101 (a),(e),(f), (g)(1) 
and (2), (h), (i), (j), (m), (n), (p), (s), (t), (bb), (ff), (gg), (ll) 
(Definitions), section 5-103(a) through (c) (Designation of Individuals 
as Public Officials, section 5-208(a) (Determination of Public Official 
in Executive agency), section 5-501(a) and (c) (Restrictions on 
Participation), section 5-601(a) (Individuals Required to File 
Statement), section 5-602(a) (Financial Disclosure Statement--Filing 
Requirements), section 5-606(a) (Public Records), section 5-607(a) 
through (j) (Content of statements), and section 5-608(a) through (c) 
(Interests Attributable to Individual Filing Statement).
    15. In 40 CFR 52.1070(d), a source specific requirement was added 
for the GenOn Chalk Point Generating Station--2011 Consent Decree for 
Chalk Point.

B. Revised

    1. COMAR 26.11.01.01 (Definitions).
    2. COMAR 26.11.01.04 (Testing and Monitoring).
    3. COMAR 26.11.02.01 (Definitions), .09 (Sources Subject to Permits 
to Construct), .10 (Sources Exempt from Permits to Construct and 
Approvals),

[[Page 24550]]

and .12 (Procedures for Obtaining Approvals of PSD Sources and NSR 
Sources, Permits to Construct, Permit to Construct MACT Determinations 
On a Case-by-Case Basis in Accordance with 40 CFR part 63, subpart B, 
and Certain 100-Ton Sources).
    4. COMAR 26.11.04.02 (Ambient Air Quality Standards, Definitions, 
Reference Conditions, and Methods of Measurement).
    5. COMAR 26.11.06.14 (Control of PSD Sources).
    6. COMAR 26.11.09.01 (Definitions), .04 (Prohibition of Certain New 
Fuel Burning Equipment), .06 (Control of Particulate Matter), .07 
(Control of Sulfur Oxides from Fuel Burning Equipment), and .09 (Tables 
and Diagrams).
    7. COMAR 26.11.10.03 (Visible Emissions).
    8. COMAR 26.11.13.04 (Loading Operations) and .05 (Gasoline Leaks 
from Tank Trucks).
    9. COMAR 26.11.17.01 (Definitions), .02 (Applicability), .03 
(General Conditions), .04 (Creating Emission Reduction Credits (ERCs)), 
.05 (Information on Emission Reductions and Certification).
    10. The following regulations in COMAR 26.11.19 (Volatile Organic 
Compounds from Specific Processes):
    a. COMAR 26.11.19.02 (Applicability, Determining Compliance, 
Reporting, and General Requirements).
    b. COMAR 26.11.19.07 (Paper, Fabric, Film, and Foil Coating).
    c. COMAR 26.11.19.08 (Metal Parts and Products Coating).
    d. COMAR 26.11.19.11 (Lithographic and Letterpress Printing).
    e. COMAR 26.11.19.13 (Drum and Pail Coating).
    f. COMAR 26.11.19.15 (Paint, Resin, and Adhesive Manufacturing and 
Adhesive and Sealant Applications).
    g. COMAR 26.11.19.23 (Control of VOC Emissions from Vehicle 
Refinishing).
    h. COMAR 26.11.19.30 (Control of Volatile Organic Compounds from 
Chemical Production and Flouropolymer Material Installations).
    11. COMAR 26.11.26.01 (Purpose), .02 (Definitions) and .03 
(Transportation Conformity).
    12. COMAR 26.11.34.01 (Purpose), .02 (Incorporation by Reference), 
.03 (Applicability and Exemptions, .04 (Definitions), .05 (Emission 
Requirements), .06 (Fleet Average NMOG Credit Account Balances), .07 
(Initial NMOG Credit Account Balances), .08 (Fleet Average Greenhouse 
Gas Requirements), .09 (Zero Emission Vehicle (ZEV) Requirements), .10 
(Initial ZEV Credit Account Balances), .11 (Vehicle Testing), .12 
(Warranty), .13 (Manufacturer Compliance Demonstration), and .14 
(Enforcement).

C. Removed

    1. COMAR 26.11.04.03 through .09 (State Ambient Air Quality 
Standards).
    2. Annotated Code of Maryland, title 15 (Public Ethics).
    3. Consent orders and/or consent decrees for Potomac Electric Power 
Company (PEPCO)--Chalk Point Units #1 and #2, Beall Junior/Senior High 
School, Mt. Saint Mary's College, and Maryland Slag Co.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.1070(b).
    EPA is revising our 40 CFR part 52 ``Identification of Plan'' for 
the State of Maryland regarding incorporation by reference, Sec.  
52.1070(b). EPA is revising Sec.  52.1070(b)(1) to clarify that all SIP 
revisions listed in paragraphs (c) and (d), regardless of inclusion in 
the most recent ``update to the SIP compilation,'' are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking in which EPA approved the SIP revision, 
consistent with following our ``Approval and Promulgations of Air 
Quality Implementation Plans; Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62 
FR 27968). EPA is revising Sec.  52.1070(b)(2) to clarify references to 
other portions of paragraph (b) with paragraph (b)(2). EPA is revising 
paragraph (b)(3) to update address and contact information.
    In the table for 40 CFR 52.1070(c):
    1. Revising the Federal Register date for COMAR 26.11.10.03.
    2. Adding a Federal Register entry for COMAR 26.11.19.09-1 which is 
currently not shown in the Code of Federal Regulations but was 
previously approved by EPA on February 22, 2011 at 76 FR 9656.
    3. Revising the title of the State Government Article of the 
Annotated Code of Maryland to read, ``General Provisions Article of the 
Annotated Code of Maryland (formerly cited at Section 15 of State 
Government Article).''
    In the table for 40 CFR 52.1070(d):
    1. Restoring an entry for PEPCO--Dickerson which was inadvertently 
removed from the table during a prior final rulemaking action.
    2. Revising an incorrect Federal Register page citation in the 
``EPA approval date'' column for the Northeast Maryland Waste Disposal 
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of 
Baltimore and BEDCO Development Corp.
    3. Reorganizing the table so that the entries appear in the order 
which EPA's approval actions occurred.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). This 
rule simply codifies provisions which are already in effect as a matter 
of law in federal and approved state programs. Under section 553 of the 
APA, an agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.'' Public comment is 
``unnecessary'' and ``contrary to the public interest'' since the 
codification only reflects existing law. Immediate notice in the CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of previously 
EPA approved regulations promulgated by the State of Maryland and 
federally effective prior to July 1, 2016. Therefore, these materials 
have been 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 
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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[[Page 24551]]

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (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 (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 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 rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Maryland SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for Maryland.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 18, 2017.
Cecil Rodrigues,
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. Section 52.1070 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c):
0
i. Revising the entry for COMAR 26.11.10.03;
0
ii. Adding an entry in numerical order for COMAR 26.11.19.09-1; and
0
iii. Removing the heading ``State Government Article of the Annotated 
Code of Maryland'' and adding in its place the heading ``General 
Provisions Article of the Annotated Code of Maryland (formerly cited at 
Section 15 of State Government Article)''.
0
c. In paragraph (d):
0
i. Adding an entry for Potomac Electric Power Company (PEPCO)--
Dickerson as the first entry of the table;
0
ii. Revising the entry for the Northeast Maryland Waste Disposal 
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of 
Baltimore and BEDCO Development Corp; and
0
iii. Removing the entry for GenOn Chalk Point Generating Station from 
the beginning of the table and adding an entry for GenOn Chalk Point 
Generating Station to the end of the table.
    The revisions and additions read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Entries in paragraphs (c) and (d) of this section with the EPA 
approval dates after July 1, 2016 for the State of Maryland, have been 
approved by EPA for inclusion in the state implementation plan and for 
incorporation by reference into the plan as it is contained in this 
section, and will be considered by the Director of the Federal Register 
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the following materials provided 
by EPA at the addresses in paragraph (b)(3) of this section are an 
exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the state implementation plan as of 
the dates referenced in paragraph (b)(1) of this section.
    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the State of Maryland at the 
National

[[Page 24552]]

Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                 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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                           26.11.10 Control of Iron and Steel Production Installations
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                                                  * * * * * * *
26.11.10.03......................  Visible Emissions..         6/29/09  7/27/12, 77 FR       Revised paragraphs
                                                                         44146.               A. and D. of
                                                                                              26.11.10.03 for
                                                                                              Sintering Plants.
 
                                                  * * * * * * *
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                           26.11.19 Volatile Organic Compounds From Specific Processes
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                                                  * * * * * * *
26.11.19.09-1....................  Control of VOC              4/19/10  2/22/11, 76 FR 9656  New Regulation.
                                    Emissions from
                                    Industrial Solvent
                                    Cleaning
                                    Operations Other
                                    Than Cold and
                                    Vapor Degreasing..
 
                                                  * * * * * * *
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    (d) * * *

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                                                       State effective                            Additional
         Name of source            Permit number/type        date        EPA approval date       explanation
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Potomac Electric Power Company    #49352 Amended              7/26/78   12/6/79, 44 FR       52.1100(c)(25).
 (PEPCO)--Dickerson.               Consent Order.                        70141.
 
                                                  * * * * * * *
Northeast Maryland Waste          Secretarial Order..         2/25/83   8/24/83, 48 FR       52.1100(c)(70)
 Disposal Authority and                                                  38465.               (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                              landfill for
 Mayor and City Council of                                                                    offsets).
 Baltimore and BEDCO Development
 Corp.
 
                                                  * * * * * * *
GenOn Chalk Point Generating      The 2011 Consent            3/10/11   5/4/12, 77 FR 26438  Docket No.
 Station.                          Decree for Chalk                                           52.1070(d). The
                                   Point.                                                     SIP approval
                                                                                              includes specific
                                                                                              provisions of the
                                                                                              2011 Consent
                                                                                              Decree for which
                                                                                              the State of
                                                                                              Maryland requested
                                                                                              approval on
                                                                                              October 12, 2011.
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[FR Doc. 2017-10915 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P