[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35104-35106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15733]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0047; FRL-9965-23-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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90-01 (TM 90-01) from Maryland's SIP, which is now superseded by a new 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. EPA is approving this 
revision to remove TM 90-01 from Maryland's SIP in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on August 28, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0047. All documents in the docket are listed on 
the https://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 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 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION:

I. Background

    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superseded by COMAR 26.11.01.11.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. Maryland previously used TM 90-01 to govern the 
CEM requirements for fuel burning equipment. The formal SIP revision 
(#16-08) was submitted by Maryland on July 1, 2016.
    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 Analysis

    On May 1, 2017 (82 FR 20292), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed 
approval of removing a discontinued TM 90-01 from Maryland's SIP, which 
is now superseded by a new CEM regulation. EPA also proposed to approve 
for the Maryland SIP a revised version of COMAR 26.11.10.06 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 to 
address CEM issues. EPA's rationale was explained in detail in the NPR 
and will not be restated here. No comments were received in response to 
EPA's proposed approval of the July 1, 2016 Maryland SIP submittal.

III. Final Action

    EPA is approving the July 1, 2016 Maryland SIP revision submittal 
as a revision to the Maryland SIP. The submittal sought removal of 
discontinued TM 90-01 from the 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 also approving 
for the Maryland SIP a revised version of COMAR 26.11.10.06 ``Control 
of Volatile Organic Compounds from Iron and Steel Production 
Installations'' 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.

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

[[Page 35105]]

by reference of the amended version of COMAR 26.11.10.06. 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 https://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).

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 26, 2017. 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 to remove discontinued TM 90-01 from Maryland's SIP and 
include revised COMAR 26.11.10.06 in the SIP 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, Volatile organic compounds.

    Dated: July 11, 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. Amend Sec.  52.1070:
0
 a. In the table in paragraph (c) by revising the entry for ``COMAR 
26.11.10.06''; and
0
b. In the table in paragraph (e) by removing the entry for ``TM#90-01--
``Continuous Emission Monitoring Policies and Procedures''--October 
1990''.
    The revised text reads as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

[[Page 35106]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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      Code of Maryland                                                                           Additional
 Administrative Regulations      Title/subject           State        EPA approval date     explanation/citation
      (COMAR) citation                              effective date                           at 40 CFR 52.1100
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                           26.11.10 Control of Iron and Steel Production Installations
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                                                  * * * * * * *
26.11.10.06................  Control of Volatile        05/09/2016  7/28/2017 [Insert      Removed reference to
                              Organic Compounds                      Federal Register       TM 90-01 from
                              from Iron and Steel                    citation].             C(3)(b) and added
                              Production                                                    reference to COMAR
                              Installations.                                                26.11.01.11.
 
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[FR Doc. 2017-15733 Filed 7-27-17; 8:45 am]
 BILLING CODE 6560-50-P