[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40715-40717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18086]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0394; FRL-9966-96-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Approval of an Alternative Volatile Organic Compound Emission 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the State of Maryland's state 
implementation plan (SIP). Maryland requested EPA incorporate by 
reference into the Maryland SIP a Maryland Department of the 
Environment (MDE) order that establishes an alternative volatile 
organic compound (VOC) emission standard for National Gypsum Company 
(NGC) that will ensure that this source remains a minor stationary 
source of VOCs. EPA is approving the SIP submittal incorporating by 
reference MDE's order for NGC in accordance with the requirements of 
the Clean Air Act (CAA).

DATES: This rule is effective on November 27, 2017 without further 
notice, unless EPA receives adverse written comment by September 27, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0394 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On June 24, 2016, MDE submitted a formal revision to the Maryland 
SIP. The SIP revision consists of a request to incorporate by reference 
a MDE departmental order that establishes an alternative VOC emission 
standard for NGC as it appears in the permit-to-construct conditions 
issued by MDE in order to ensure that it remains a minor stationary 
source of VOCs. The alternative VOC emissions limit of 195 pounds per 
operating day with at least a 99% overall VOC control efficiency will 
achieve a stringent emissions discharge reduction and is more stringent 
than any established standard for reasonably available control 
technology (RACT) for major stationary sources of VOCs in COMAR 
26.11.19. Under the Code of Maryland Regulations (COMAR) 26.11.06.06E--
``Exceptions,'' a source may request an exception to a VOC emissions 
limit from MDE if the source is not subject to new source review (NSR) 
and if the source is unable to comply with COMAR 26.11.06.06B--
``Control of VOC from Installations.''
    Located in the Baltimore ozone nonattainment area, NGC is a 
wallboard manufacturing facility that emits both nitrogen oxides 
(NOX) and VOCs. Ground level ozone is formed when 
NOX and VOCs react in the presence of sunlight. 
NOX and VOC are referred to as ozone precursors and are 
emitted by many types of pollution sources, including motor vehicles, 
power plants, industrial facilities, and area wide sources, such as 
consumer products and lawn and garden equipment. Scientific evidence 
indicates that adverse public health effects occur following exposure 
to ozone. These effects are more pronounced in children and adults with 
lung disease. Breathing air containing ozone can reduce lung function 
and inflame airways, which can increase respiratory symptoms and 
aggravate asthma or other lung diseases. In response to this scientific 
evidence, EPA promulgated in 1979 the first ozone national ambient air 
quality standard (NAAQS), the 0.12 part per million (ppm) 1-hour ozone 
NAAQS. See 44 FR 8202 (February 8, 1979).\1\ Under the 1979 1-hour 
ozone NAAQS, the Baltimore Area (specifically, Anne Arundel County, 
Baltimore City, Baltimore County, Carroll County, Harford County, and 
Howard County) was designated as a severe nonattainment area. 56 FR 
56694 (November 6, 1991). On July 18, 1997, EPA revised the health-
based NAAQS for ozone based on 8-hour average concentrations. 62 FR 
38856. Under the 1997 8-hour ozone NAAQS, the Baltimore Area was 
designated as a moderate nonattainment area. 69 FR 23858 (April 30, 
2004). Later, the Baltimore Area was reclassified as a serious 
nonattainment area for the 1997 8-ozone NAAQS. 77 FR 4901 (February 1, 
2012). On March 27, 2008 (78 FR 16436), EPA strengthened the 8-hour 
ozone NAAQS (2008 8-hour ozone NAAQS). Under the 2008 8-hour ozone 
NAAQS, the Baltimore Area was designated as a moderate nonattainment 
area. 69 FR 23858 (April 30, 2004).
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    \1\ EPA had previously promulgated a NAAQS for total 
photochemical oxidants.
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    On April 30, 2004 (69 FR 23858), EPA announced its revocation of 
the 1979 1-hour ozone NAAQS for all purposes and for all areas in the 
country, effective June 15, 2005. In the final rulemaking, EPA 
determined that certain nonattainment planning requirements would 
continue to be in effect under the revoked standard for nonattainment 
areas under the 1979 1-hour ozone NAAQS, including RACT. Under the 
anti-backsliding provisions codified at 40 CFR 51.905, the Baltimore 
Area remains subject to the anti-backslide obligations for the revoked 
1979 1-hour ozone NAAQS. Since the Baltimore Area was designated as a 
severe nonattainment area for the 1979 1-hour ozone NAAQS, all sources 
in the nonattainment area emitting greater than 25 tons per year (tpy) 
of VOC or NOX are major stationary sources.
    NGC is a major stationary source of NOX, but is not a 
major stationary source for VOCs. NGC consists of two major 
manufacturing lines, Board Kiln No. 1 and Board Kiln No. 2. When NGC 
modified Board Kiln No. 1 to manufacture new silicone wallboard 
products, NGC needed limits to remain a minor stationary source of VOC 
(under

[[Page 40716]]

25 tpy) and avoid NSR review under COMAR 26.11.17 as the production of 
the new silicone products would emit more VOC emissions from the 
source. However, NGC was subject to VOC emission limits in COMAR 
26.11.06.06. Since Board Kiln No. 1 was installed before May 12, 1972, 
COMAR 26.11.06.06B(1)(a) would require its VOC emissions to be less 
than 200 pounds per day (lbs/day) unless the discharge is reduced by 85 
percent or more overall. As Board Kiln No. 2 was installed in April 
1998, it is subject to COMAR 26.11.06.06B(1)(b), which, except as 
provided in COMAR 26.11.06.06E, limits the discharge of VOC to not 
exceed 20 lbs/day unless the discharge is reduced by 85 percent or more 
overall. As a result of the increased production, NGC was unable to 
comply with COMAR 26.11.06.06B and is thus eligible to apply for an 
exception under COMAR 26.11.06.06E. However, exceptions under COMAR 
26.11.06.06E require EPA approval of specific emission limitations and 
operating practices in order to become federally enforceable. MDE 
entered a consent order with NGC on March 11, 2016 establishing 
alternative VOC emissions limits for Board Kiln No. 1 and Board Kiln 
No. 2 that would become part of NGC's permit to operate. The permit 
restrictions approved for NGC, based on MDE's order, will ensure that 
NGC remains a federally enforceable minor stationary source with 
appropriate emission limitations and practices and not subject to NSR 
for its modification to Board Kiln No. 1.

II. Summary of SIP Revision and EPA Analysis

    In the June 24, 2016 SIP submittal, MDE included an order 
authorizing an alternative VOC emissions standard per COMAR 
26.11.06.06E in connection with the construction permit modification 
MDE prepared for NGC. MDE requested EPA incorporate by reference the 
order with the alternative VOC emissions standard into the Maryland 
SIP. The MDE order for NGC requires that NGC comply with the following 
alternative VOC standards and other conditions: (1) NGC shall install a 
regenerative thermal oxidizer (RTO) on Board Kiln No. 1, which is 
designed to achieve at least a 99% overall VOC control efficiency, or 
not greater than 0.5 parts per million by volume (ppmv) of VOC in the 
flue gases exiting the RTO (which is more restrictive for Board Kiln 
No. 1); (2) total VOC emissions from Board Kiln No. 1 and Board Kiln 
No. 2, combined, shall not exceed 195 pounds per operating day (which 
is more stringent than Board Kiln No. 1 subject to 200 lbs/day and 
Board Kiln No. 2 subject to 20 lbs/day, separately); (3) total premises 
wide VOC emissions shall be less than 25 tons in any rolling 12-month 
period to ensure that the total net VOC emissions increase resulting 
from the modification of Board Kiln No. 1 and Board Kiln No. 2, 
combined, is less than the nonattainment NSR threshold, which is 25 
tons in any rolling 12-month period; (4) NGC shall vent the flue gases 
from Board Kiln No. 1 through the RTO prior to discharging to the 
atmosphere when manufacturing silicone XP water resistant wallboard and 
eXP water resistant wallboard; (5) the temperature of the combustion 
zone of the RTO shall be maintained to at least the minimum temperature 
established during the most recent stack emissions tests demonstrating 
compliance with the daily VOC emission limit of 195 pounds per 
operating day; (6) NGC shall manufacture regular wallboard (any 
wallboard that is not silicone XP water resistant wallboard or eXP 
water resistant wallboard and is not prohibited for production by MDE) 
only in Board Kiln No. 2; and (7) NGC shall monitor daily production 
for each type of wallboard and shall calculate total daily VOC 
emissions from Board Kiln No. 1 and Board Kiln No. 2 to demonstrate 
compliance with the alternative VOC emission standard of 195 pounds per 
operating day.
    After evaluating this SIP revision, EPA concludes that this SIP 
revision continues to address and minimize VOC emissions in the 
Baltimore ozone nonattainment area and will result in reduced VOC 
emissions from NGC. The alternative VOC emissions limit for NGC will 
significantly reduce emissions of VOC, an ozone precursor. EPA finds 
this Order to be a SIP strengthening measure in accordance with 
requirements in section 110 of the CAA. EPA finds that the submittal 
strengthens the State of Maryland's SIP and is in accordance with 
section 110 of the CAA including 110(a) and 110(l) as the SIP revision 
will not interfere with reasonable further progress, attainment of any 
NAAQS or any other applicable CAA requirements as more VOC emissions 
reduction is expected from this limit on NGC's VOC emissions.

III. Final Action

    EPA is approving the Maryland June 2016 SIP revision submittal 
which requests incorporation by reference of a MDE order that includes 
an alternative VOC emission standard for NGC as the revision meets 
requirements in CAA section 110. EPA is publishing this rule without 
prior proposal because EPA views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of this issue of the Federal Register, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision if adverse comments are filed. This rule will be effective on 
November 27, 2017 without further notice unless EPA receives adverse 
comment by September 27, 2017. If EPA receives adverse comment, EPA 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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 Maryland's 
Department of the Environment Order No. 510-0233-6-0646 and -1569. 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). 
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 of the SIP compilation.\2\
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    \2\ 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).

[[Page 40717]]

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. section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

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 November 27, 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this issue of the Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking action.
    This action, which approves Maryland's SIP revision incorporating 
by reference a MDE order establishing a VOC emission standard for NGC, 
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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 12, 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. In Sec.  52.1070, the table in paragraph (d) is amended by adding 
the entry for National Gypsum Company at the end of the table to read 
as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (d) * * *

                                 EPA Approved State Source-Specific Requirements
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                                                          State
         Name of source          Permit number/type  effective date   EPA approval date   Additional explanation
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                                                  * * * * * * *
National Gypsum Company (NGC)..  Departmental Order        03/11/16  8/28/17 [Insert     The SIP approval
                                                                      Federal Register    includes specific
                                                                      citation].          alternative volatile
                                                                                          organic compound
                                                                                          emission limits and
                                                                                          other conditions for
                                                                                          NGC as established by
                                                                                          the Departmental
                                                                                          Order.
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[FR Doc. 2017-18086 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P