[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24940-24941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11746]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0484; FRL-9978-56--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Continuous Opacity Monitoring Requirements for Municipal 
Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State of Maryland's Clean Air Act 
(CAA) sections 111(d) and 129 State Plan for municipal waste combustors 
(MWCs). The revision reflects amendments to Code of Maryland 
Regulations (COMAR) 26.11.08.08, which update the MWC opacity 
compliance provisions. The Maryland Department of the Environment 
(MDE)'s revised regulations provide that quality assurance (QA) and 
quality control (QC) requirements for continuous opacity monitors 
(COMs) are found in COMAR 26.11.31, rather than the now discontinued 
Technical Memorandum (TM 90-01). EPA is approving this revision to 
Maryland's CAA sections 111(d) and 129 State Plan in accordance with 
the requirements of the CAA.

DATES: This rule is effective on July 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2017-0484. All documents in the docket are listed on 
the https://www.regulations.gov website. 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: Emily Linn, (215) 814-5273, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 10, 2016, the State of Maryland submitted a formal revision 
(MD Submittal #16-05) to its CAA sections 111(d) and 129 State Plan for 
MWCs. The revision contains Maryland's amendments to COMAR 26.11.08.08, 
``Requirements for an Existing Large MWC with a Capacity Greater Than 
250 Tons Per Day.'' Among other minor changes,\1\ these amendments 
update the references for opacity compliance which previously 
referenced a discontinued technical memorandum, TM 90-01, that 
addressed QA/QC procedures for COMs. COMAR 26.11.08.08 now refers to 
COMAR 26.11.31, which contains QA and QC procedures for COMs, similar 
to those previously found in the no longer effective TM 90-01.\2\ EPA 
is approving this revision to Maryland's 111(d) and 129 State Plan for 
MWCs in accordance with the requirements of the CAA for sections 111(d) 
and 129 state plans.
---------------------------------------------------------------------------

    \1\ Other changes made by Maryland to COMAR 26.11.08.08 include 
(1) changing the ``Emission Standards for a Large MWC'' to read ``10 
percent opacity with COMS,'' rather than ``10 percent opacity with 
CEMS,'' and (2) changing the ``Performance and Compliance Test 
Requirements'' to include the following statement: ``. . . the 
Department may determine compliance and non-compliance with the 
visible emission limitations by performing EPA reference Method 9 
observations based on a 6 minute block average'' (formerly, it 
included the following statement: ``In case of inconsistencies in 
data or conflicting data Method 9 results will determine 
compliance'').
    \2\ EPA previously approved Maryland's State Plan for large MWCs 
on April 8, 2008 (see 73 FR 18968). EPA also approved, as a revision 
to the Maryland state implementation plan, the regulatory 
requirements for QA/QC controls for COMs in COMAR 26.11.31 on 
November 7, 2016 (see 81 FR 78048).
---------------------------------------------------------------------------

    In the same state rulemaking action, MDE also revised the title of 
COMAR 26.11.08.07, from ``Requirements for Certain Municipal Waste 
Combustors'' to ``Requirements for Municipal Waste Combustors with a 
Capacity of 35 tons or greater per day and less than or equal to 250 
Tons Per Day,'' to clarify that the state regulation applies to small 
MWCs. The text of 26.11.08.07 remains unchanged, and thus the 
requirements for MWCs remain unchanged. This clarification to the title 
of COMAR 26.11.08.07 is a minor administrative change and is not part 
of this action.
    On November 6, 2017 (82 FR 51380 and 82 FR 51350), EPA 
simultaneously published a notice of proposed rulemaking (NPR) and a 
direct final rule (DFR) for the State of Maryland approving revisions 
to its CAA sections 111(d) and 129 State Plan for MWCs. EPA received an 
adverse comment on the rulemaking and withdrew the DFR prior to the 
effective date on December 26, 2017 (82 FR 60872). In this rulemaking, 
EPA is responding to the comment submitted on the proposed approval of 
the State Plan revisions and is approving the revisions to Maryland's 
State Plan for MWCs.

II. State Submittal and EPA Analysis

    EPA has reviewed Maryland's submittal to revise its State Plan for 
MWCs in the context of the requirements of 40 CFR part 60, subparts Cb 
and Eb. In this action, EPA is finalizing its determination that the 
submitted revision meets the above-cited requirements. EPA is amending 
40 CFR part 62, subpart V (40 CFR 62.5110 and 62.5112), to reflect this 
approval.

III. Public Comments and EPA Responses

    EPA received one adverse comment on the proposed approval of the 
revisions to the State of Maryland's CAA sections 111(d) and 129 State 
Plan for MWCs. All other comments received were either supportive of or 
not specific to this action and thus are not addressed here.
    Comment: The commenter asserts that EPA should not be involved in 
matters of the state's choosing. Additionally, the commenter asserts 
that if the changes to the plan are largely administrative in nature, 
EPA should let the state go without making them spend resources to make 
that administrative change.
    Response: EPA disagrees with the commenter's assertions. EPA did 
not specifically direct Maryland to make these amendments. Instead, 
Maryland submitted to EPA this revision to its State Plan for MWCs and 
requested that EPA amend the appropriate sections of 40 CFR part 62, 
subpart V, to reflect approval of this Plan revision. EPA is required 
to act on State Plan revisions submitted by states. In response to the 
commenter's assertion, while these changes are largely administrative 
in

[[Page 24941]]

nature, they are needed to update Maryland's State Plan for COMs 
requirements. EPA is responding to MDE's request and finalizing the 
revisions to Maryland's State Plan for MWCs in this action, as they are 
consistent with CAA sections 111(d) and 129.

IV. Final Action

    In this final action, EPA is amending 40 CFR part 62, subpart V, to 
reflect the receipt and approval of the revisions to Maryland's State 
Plan for MWCs in accordance with the requirements of the CAA.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is 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)). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). 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 government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal requirement, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it 
approves a state rule implementing a Federal standard.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 provides, in part, that Federal agencies shall use 
technical standards that are developed or adopted by voluntary 
consensus standards bodies. Public Law 104-113 (15 U.S.C. 272 note) 
(March 7, 1996). Agencies are not required to use such standards if 
doing so would be inconsistent with applicable law or otherwise 
impractical. Public Law 104-113 (section 12(d)). EPA is not, in this 
action, using technical standards, as contemplated by the National 
Technology Transfer and Advancement Act. Rather, EPA is reviewing and 
responding to Maryland's Section 111(d)/129 plan submission, and, in 
such case, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. Moreover, in such context, EPA 
has no authority to disapprove a Section 111(d)/129 plan submission for 
failure to use voluntary consensus standards, and it would be 
inconsistent with applicable law for EPA, when it reviews a Section 
111(d)/129 plan submission, to require use of such standards in place 
of a Section 111(d)/129 plan submission that otherwise satisfies the 
provisions of the Clean Air Act. Thus, the National Technology Transfer 
and Advancement Act does not require, here, the use of voluntary 
consensus standards.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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 July 30, 2018. 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 approving Maryland's revisions to their 111(d) and 
129 State Plan for MWCs may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: May 15, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
    For the reasons stated in the preamble, title 40 CFR part 62 is 
amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart V--Maryland

0
2. Section 62.5110 is amended by adding paragraph (c) to read as 
follows:


Sec.  62.5110   Identification of plan.

* * * * *
    (c) On May 10, 2016, Maryland submitted a revised State Plan and 
related COMAR 26.11.08.08 amendments.

0
3. Section 62.5112 is amended by adding paragraph (c) to read as 
follows:


Sec.  62.5112   Effective date.

* * * * *
    (c) The plan revision is effective July 30, 2018.

[FR Doc. 2018-11746 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P