[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64282-64285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27049]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0490; FRL-9987-81-Region 3]


Air Plan Approval; Maryland; Continuous Opacity Monitoring 
Requirements for Municipal Waste Combustors and Cement Plants

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 
(SIP Revision 16-04). This revision pertains to clarifying continuous 
opacity monitoring requirements and visible emission standards for 
municipal waste combustors (MWCs) and Portland cement plants. This 
action is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on January 14, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0490. All documents in the docket are listed on 
the http://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 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 23, 2018 (83 FR 42624), EPA published a notice of 
proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA 
proposed approval of a revision to Maryland's SIP to clarify visible 
emissions (VE) and continuous opacity monitor (COM) requirements for 
MWCs and Portland cement plants. The formal SIP revision (SIP Revision 
16-04) was submitted by Maryland on May 10, 2016. On February 28, 2018, 
the Maryland Department of the Environment (MDE) Secretary Ben Grumbles 
submitted a clarification letter to EPA Regional Administrator Cosmo 
Servidio, withdrawing definitions for continuous burning and operating 
time, COMAR 26.11.01.01B(8-1) and (27-1), respectively, from SIP 
Revision 16-04. These definitions are no longer part of SIP Revision 
16-04 and are not pending before EPA.

II. Summary of SIP Revision and EPA Analysis

    The SIP revision consisted of revisions to COMAR 26.11.01.10, 
Continuous Opacity Monitoring Requirements. Under COMAR 26.11.01.10A, 
Applicability and Exceptions, MDE added a new section, COMAR 
26.11.01.10A(6), regarding requirements for alternative visible 
emissions limits. Under COMAR 26.11.01.10B, General Requirements for 
COMs, MDE amended COMAR 26.11.01.10B(3) to clarify that a COM must 
comply with the applicable requirements in 40 CFR part 51, appendix P 
in its entirety. Also under COMAR 26.11.01.10B, MDE added new sections 
COMAR 26.11.01.10B(5) and 26.11.01.10B(6) to clarify COM requirements 
for the owners and operators of cement kilns and clinker coolers that 
are operating COMs and the owners and operators of MWCs that are 
required to install and operate COMs, respectively. MDE repealed 
26.11.01.10F, regarding redundant COMs requirements for fuel burning 
equipment, and is requesting its removal from the SIP. Finally, MDE 
amended COMAR 26.11.08, Control of Incinerators, to add a new section D 
to regulation .04, Visible Emissions.
    EPA evaluated these amendments and found that they help to clarify 
requirements for COMs. Therefore, they are approvable. Other specific 
requirements of Maryland's SIP Revision 16-04 and the rationale for 
EPA's proposed action are explained in the NPRM and will not be 
restated here.

III. Summary of Public Comments and EPA Responses

    On September 1, 2018, EPA received adverse comments from one 
anonymous commenter.
    Comment: The commenter observed that in the docket for this 
rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov, Maryland's February 28, 2018 withdrawal letter 
looked incomplete.
    EPA Response: Upon receipt of the comment, EPA checked and 
confirmed that the second page of the letter was inadvertently excluded 
from the docket. EPA notes that the substance of the letter was 
contained in the first page of the letter, which was included in the 
docket. The first page explained that Maryland was withdrawing the 
definitions of continuous burning and operating time from EPA's 
consideration as SIP revisions.

    ``The purpose of this letter is to request a clarification to 
the Maryland SIP Rev #16-04, to withdraw two definitions under COMAR 
26.11.01.01 Definitions from EPA's consideration. Please remove the 
following two definitions from EPA's consideration for inclusion 
into Maryland's SIP as part of SIP Rev #16-04:
    COMAR 26.11.01.01.8:
    1. (8-1) Continuous Burning
    2. (27-1) Operating Time''
    The omitted second page contained only the following closing 
language:

``. . . SIP submittal (enclosed) is an exact duplicate of the 
official hard copy. If you have any questions concerning this SIP 
action, please feel free to call me at (41 0) 537-3084 or Mr. George 
(Tad) S. Aburn, Jr., Director of the Air and Radiation 
Administration, at 410-537-3255.

Sincerely, Ben Grumbles, Secretary.

Enclosure
cc: Mr. George (Tad) S. Aburn Jr., Director, Air and Radiation 
Administration; Ms. Cristina Fernandez, Director, Air Protection 
Division, EPA Region Ill''

    Although all the relevant substantive information was contained in 
the first page of the letter, which was include in the docket, EPA 
rectified the omission as quickly as possible. EPA posted Maryland's 
complete two-page letter, dated February 28, 2018, to Docket ID No. 
EPA-R03-OAR-2018-0490, at http://www.regulations.gov, on September 4, 
2018. The public comment period ran from August 23, 2018 until 
September 24, 2018.
    Comment: The commenter also stated that EPA's NPRM was hard to 
understand, writing, ``I can't follow which COMAR applies to what COMAR 
because of what redundancies, changes, or what have you.''
    EPA Response: There were numerous changes discussed in EPA's August 
23, 2018 NPRM, which readers may find hard to follow. However, in 
section II of the NPRM, Summary of SIP Revision and EPA Analysis, EPA 
set out a section by section accounting of the proposed changes to 
Maryland's SIP. In addition, in Docket ID No. EPA-R03-OAR-2018-0490, at 
http://www.regulations.gov, there are numerous documents that are part 
of Maryland's SIP Revision

[[Page 64283]]

submittal, which help to clarify the exact COMAR changes. These 
documents include the following attachments to document number EPA-R03-
OAR-2018-0490-0002, which is Maryland's SIP revision submittal letter.

------------------------------------------------------------------------
         Document number/title                     Explanation
------------------------------------------------------------------------
3a-original COMAR eff VE Incinerator     Current Effective COMAR text
 SIP 16-04.                               per MDE as of last action
                                          final effective 2/15/16; COMAR
                                          26.11.08--Control of
                                          Incinerators--.04 ONLY.
3a-updated COMAR eff text with notes     Current Effective COMAR text,
 SIP 16-04 Rev_02092018.                  as approved after SIP 15-05
                                          including SIP 15-04 with MDE
                                          notes; MDE proposed
                                          clarification to SIP
                                          16[hyphen]04 on 02/09/2018.
3b-updated COMAR eff text SIP 16-04      Current Effective COMAR text,
 Rev_02092018clean.                       as approved after SIP 15-05
                                          including SIP 15-04 with MDE
                                          proposed SIP Rev #16-04
                                          clarification on 02/09/2018.
3b-original COMAR eff text 26.11.01_.10  Current Effective COMAR text
 SIP16-04_042816.                         per MDE as of last action
                                          final effective 2/15/16; COMAR
                                          26.11.01.01 & .10.
4a-original Notice of Final              Maryland Register, volume 43,
 Action_02052016.docx.                    issue 3, Friday, February 5,
                                          2016, notice of final action.
4b-Updated Notice of Final Action,       Maryland register, volume 43,
 definitions withdrawn.                   issue 3, Friday, February 5,
                                          2016, notice of final action,
                                          with references to withdrawn
                                          definitions for continuous
                                          burning and operating time,
                                          COMAR 26.11.01.01B(8-1) and
                                          (27-1), removed.
5a-original Notice of Proposed           Maryland Register, volume 42,
 Action_11.13.15.                         issue 23, Friday, November 13,
                                          2015, notice of proposed
                                          action.
5b-Updated Notice of Proposed Action,    Maryland register, volume 42,
 Definitions withdrawn.                   issue 23, Friday, November 13,
                                          2015, notice of proposed
                                          action with withdrawn
                                          definitions for continuous
                                          burning and operating time,
                                          COMAR 26.11.01.01B(8-1) and
                                          (27-1), removed.
------------------------------------------------------------------------

    These regulatory changes are also described in the amendments to 40 
CFR part 52 set forth in this final rulemaking action.

IV. Final Action

    EPA is approving Maryland's May 10, 2016 SIP Revision 16-04, except 
for the definitions of continuous burning and operating time that MDE 
withdrew from SIP Revision 16-04 on February 28, 2018, as a revision to 
the Maryland SIP. These revisions consist of amendments to Regulation 
.10 under COMAR 26.11.01, General and Administrative Provisions, and 
Regulation .04 under COMAR 26.11.08, Control of Incinerators, in 
Maryland's SIP Revision 16-04, related to COMs and VE requirements for 
cement plants and MWCs.

V. Incorporation by Reference

    In this document, 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 MDE's 
amendments to Regulation .10 under COMAR 26.11.01, General and 
Administrative Provisions, and Regulation .04 under COMAR 26.11.08, 
Control of Incinerators, contained in SIP Revision 16-04. As described 
previously, the amendments to COMAR 26.11.01.10, Continuous Opacity 
Monitoring Requirements, are as follows: (1) Add a new section 6 to 
COMAR 26.11.01.10A, Applicability and Exceptions; (2) amend section 3 
under COMAR 26.11.01.10B, General Requirements for COMs; (3) add new 
sections 5 and 6 under COMAR 26.11.01.10B; and (4) remove COMAR 
26.11.01.10F, which has been repealed by the State. The amendment to 
COMAR 26.11.08, Control of Incinerators, consists of an addition of a 
new section D to Regulation .04, Visible Emissions. These regulatory 
changes are described in the amendments to 40 CFR part 52 set forth in 
this final rulemaking action. EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and 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 in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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);

[[Page 64284]]

     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 February 12, 2019. 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 SIP Revision 16-04, COMs 
requirements for MWCs and Cement Plants, 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 30, 2018.
Cosmo Servidio,
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 (c) is amended by revising 
the entries ``26.11.01.10'' and ``10.18.08/26.11.08.04'' to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                            State                                Additional
 Code of Maryland Administrative       Title/subject      effective     EPA approval date   explanation/citation
   Regulations (COMAR) citation                              date                             at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.01.10......................  Continuous Opacity      2/15/2016  12/14/2018, [insert   1. Add new
                                    Monitoring                         Federal Register      subsections A(6),
                                    Requirements.                      citation].            B(5) and B(6).
                                                                                            2. Revise subsection
                                                                                             B(3).
                                                                                            3. Remove subsection
                                                                                             F.
                                                                                            Previous approval 3/
                                                                                             28/2018 (83 FR
                                                                                             13193).
 
                                                  * * * * * * *
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                                    10.18.08/26.11.08 Control of Incinerators
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.04.............  Visible Emissions...    2/15/2016  12/14/2018, [insert   Add new subsection
                                                                       Federal Register      D. Previous
                                                                       citation].            approval 8/1/2007
                                                                                             (72 FR 41891).
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[FR Doc. 2018-27049 Filed 12-13-18; 8:45 am]
 BILLING CODE 6560-50-P