[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36823-36827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 205-3121; FRL-9992-15-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 (MD DOE) and approved by EPA. This update affects the SIP 
materials that are available for inspection at the EPA Regional Office.

DATES: This action is effective July 30, 2019.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. EPA requests that you email 
the contact listed in the FOR FURTHER INFORMATION CONTACT section for 
information about the availability of this material at EPA.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, Office of Air Program 
Planning (3AP30), Air Protection Division, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. The telephone number is (215) 814-3376. Ms. 
McCauley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies 
used to attain and maintain the national ambient air quality standards 
(NAAQS). The SIP is extensive, containing such elements as air 
pollution control regulations, emission inventories, monitoring 
networks, attainment demonstrations, and enforcement mechanisms.
    Each state must formally adopt the control measures and strategies 
in the SIP after the public has had an opportunity to comment on them 
and then submit the proposed SIP revisions to EPA. Once these control 
measures and strategies are approved by EPA, and after notice and 
comment, they are incorporated into the Federally-approved SIP and are 
identified in part 52 ``Approval and Promulgation of Implementation 
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52). 
The full text of the state regulation approved by EPA is not reproduced 
in its entirety in 40 CFR part 52, but is ``incorporated by 
reference.'' This means that EPA has approved a given state regulation 
with a specific effective date. The public is referred to the location 
of the full text version should they want to know which measures are 
contained in a given SIP. The information provided allows EPA and the 
public to monitor the extent to which a state implements a SIP to 
attain and maintain the NAAQS and to take enforcement action if 
necessary.
    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 is 
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), August 22, 2011 (76 
FR 52278), and May 30, 2017 (82 FR 24549) 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 Regulations

    1. Code of Maryland Administrative Regulations (COMAR) citation 
26.11.01, General Administrative Provisions, 26.11.01.11, Continuous 
Emissions Monitoring.

[[Page 36824]]

    2. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp 
Mills, 26.11.14.07, Control of NOX Emissions from Fuel 
Burning Equipment.
    3. COMAR citation 26.11.19, Volatile Organic Compounds from 
Specific Processes, 26.11.19.26.1, Control of Volatile Organic Compound 
Emissions from Fiberglass Boat Manufacturing.
    4. COMAR citation 26.11.29, Control of NOX Emissions 
from Natural Gas Pipeline Stations, 26.11.29.01 through 26.11.29.04.
    5. COMAR citation 26.11.30, Control of Portland Cement 
Manufacturing Plants, 26.11.30.01 through 26.11.30.08.
    6. COMAR citation 26.11.31, Quality Assurance Requirements for 
Opacity Monitors (COMs), 26.11.31.01 through 26.11.31.12.
    7. COMAR citation 26.11.38, Control of Nitrogen Oxide Emissions 
From Coal-Fired Electric Generating Units, 26.11.38.01 through 
26.11.38.05.
    8. COMAR citation 26.11.39, Architectural and Industrial 
Maintenance (AIM) Coatings, 26.11.39.01 through 26.11.39.08.
    9. COMAR citation 26.11.40, NOX Ozone Season Emission 
Caps for Non-trading Large NOX Units, 26.11.40.01 through 
26.11.40.04.
    10. In 40 CFR 52.1070(d), EPA approved State source specific 
requirements were added for two facilities, including; Raven Power Fort 
Smallwood LLC--Brandon Shores units 1 and 2, and H.A. Wagner units 1, 
2, 3, and 4; and the National Gypsum Company (NGC).

B. Revised Regulations

    1. COMAR citation 26.11.01, General Administrative Provisions, 
26.11.01.01, Definitions.
    2. COMAR citation 26.11.01, General Administrative Provisions, 
26.11.01.05, Records and Information.
    3. COMAR citation 26.11.01, General Administrative Provisions, 
26.11.01.10, Continuous Opacity Monitoring.
    4. COMAR citation 26.11.02, Permits, Approvals, and Registration, 
26.11.02.07, Procedures for Denying, Revoking, or Reopening and 
Revising a Permit or Approval.
    5. COMAR citation 26.11.02, Permits, Approvals, and Registration, 
26.11.02.11, Procedures for Obtaining Permits to Construct Certain 
Significant Sources.
    6. COMAR citation 26.11.02, Permits, Approvals, and Registration, 
26.11.02.12, Procedures for Obtaining Approvals of PSD Sources and NSR 
Sources, Certain Permits to Construct, Case-by-Case MACT Determinations 
in Accordance with 40 CFR part 63, subpart B.
    7. COMAR citation 26.11.09, Control of Fuel Burning Equipment and 
Stationary Internal Combustion Engines, and Certain Fuel-Burning 
Installations, 26.11.09.08, Control of NOX Emissions for 
Major Stationary Sources.
    8. COMAR citation 26.11.10, Control of Iron and Steel Production 
Installations, 26.11.10.06, Control of Volatile Organic Compounds from 
Iron and Steel Production Installations.
    9. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp 
Mills, 26.11.14.06, Control of Volatile Organic Compounds.
    10. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp 
Mills, 26.11.14.07, Control of NOX Emission from Fuel 
Burning Equipment.
    11. COMAR citation 26.11.19, Volatile Organic Compounds from 
Specific Processes, 26.11.19.26, Control of Volatile Organic Compound 
Emissions from Reinforced Plastic Manufacturing.

C. Removed Regulations

    1. COMAR citation 26.11.28, Clean Air Interstate Rule, 26.11.28.01 
through 26.11.28.08.
    2. COMAR citation 26.11.29, NOX Reduction and Trading 
Program, 26.11.29.01 through 26.11.29.15.
    3. COMAR citation 26.11.30, Policies and Procedures Relating to 
Maryland's NOX Reduction and Trading Program, 26.11.30.01 
through 26.11.30.09.
    4. COMAR citation 26.11.33, Architectural Coatings, 26.11.33.01 
through 26.11.33.14.
    5. In 40 CFR 52.1070(d), EPA approved the removal of state source 
specific requirements for one facility; Constellation Power Source 
Generation, Inc. Brandon Shores Units #1 & 2; Gould Street Unit #3; 
H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside 
Unit #4.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of December 26, 2018 for the State of Maryland, revising text within 40 
CFR 52.1070(b), and, also correcting entries for previously approved 
text within 40 CFR 52.1070(c) and (e). Also, within this IBR action, 
EPA is making editorial changes to the format of the table in paragraph 
(c) for clarity.

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 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 previously 
EPA approved regulations promulgated by the State of Maryland and 
Federally effective prior to December 26 2018. 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).

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 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

[[Page 36825]]

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: March 29, 2019.
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 the table in paragraph (c):
0
i. Revising the column headings;
0
ii. Adding a centered heading before the center heading ``26.11.01 
General Administrative Provisions'';
0
iii. Revising the entries for ``26.11.01.05'', ``26.11.01.11'', 
``26.11.09.08'', ``26.11.10.06'', ``26.11.14.06'', ``26.11.19.08'', 
``26.11.19.26'', and ``26.11.19.26-1''.
0
iv. Removing the entry for ``26.11.31'';
0
v. Adding a centered heading under the entry for ``26.11.30.08'';
0
vi. Removing the row under the entry for ``TM91-01 [Except Methods 
1004A through E]''; and
0
vii. Adding a centered heading under the entry for ``TM91-01 [Except 
Methods 1004A through E]''; and
0
c. In the table in paragraph (e), revising the second entry for ``2011 
Base Year Emissions Inventory for the 2008 8-Hour Ozone National 
Ambient Air Quality Standard'' and the entry for ``Regional Haze Five-
Year Progress Report.''
    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 December 
26, 2018, 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 December 26, 2018 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 December 26, 2018 for the State of Maryland at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

[[Page 36826]]



                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                          State                          Additional explanation/
            Citation                 Title/subject      effective    EPA approval date     citation at  40 CFR
                                                           date                                  52.1100
----------------------------------------------------------------------------------------------------------------
                               Code of Maryland Administrative Regulations (COMAR)
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.01.05.....................  Records and            5/17/2010  11/7/2016, 81 FR     (c)(172) Administrative
                                   Information.                      78048.               changes to reporting
                                                                                          and recordkeeping
                                                                                          requirements.
 
                                                  * * * * * * *
26.11.01.11.....................  Continuous             8/22/2010  11/7/2016, 81 FR
                                   Emissions                         78048.
                                   Monitoring.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.09.08.....................  Control of NOX         7/20/2015  3/28/2018, 83 FR     1. Revise H, H(1) and
                                   Emissions for                     13192.               H(3), remove H(2), and
                                   Major Stationary                                       recodify H(4) to H(3).
                                   Sources.
                                                                                         2. Revise I and remove
                                                                                          I(3) and I(4).
                                                                                          Previous approval (8/
                                                                                          30/2016).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.10.06.....................  Control of Volatile     5/9/2016  7/28/2017, 82 FR     Removed reference to TM
                                   Organic Compounds                 35104.               90-01 from C(3)(b) and
                                   from Iron and                                          added reference to
                                   Steel Production                                       COMAR 26.11.01.11.
                                   Installations.
 
                                                  * * * * * * *
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                               26.11.14 Control of Emissions from Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.14.06.....................  Control of Volatile     3/3/2014  7/17/2017, 82 FR     Amended to clarify
                                   Organic Compounds.                32641.               volative organic
                                                                                          compound (VOC) control
                                                                                          system and
                                                                                          requirements at Kraft
                                                                                          pulp mills (8/30/
                                                                                          2016).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.19.08.....................  Metal Parts and        5/26/2014  10/1/2015, 80 FR     Amends section title.
                                   Products Coating.                 59056.               Adds definitions.
                                                                                         Section 26.11.19.08(B),
                                                                                          Emission Standards,
                                                                                          removed.
                                                                                         Section 26.11.19.08(B),
                                                                                          Incorporation by
                                                                                          Reference, added.
                                                                                         Section 26.11.19.08(C),
                                                                                          Applicability and
                                                                                          Exemptions, added.
                                                                                         Section 26.11.19.08(D),
                                                                                          Emission Standards,
                                                                                          added.
 
                                                  * * * * * * *
26.11.19.26.....................  Control of Volatile    9/28/2015  12/23/2016, 81 FR    Amendment to .26A.
                                   Organic Compound                  94259.
                                   Emissions from
                                   Reinforced Plastic
                                   Manufacturing.

[[Page 36827]]

 
26.11.19.26-1...................  Control of Volatile    9/28/2015  12/23/2016, 81 FR    New Regulation.
                                   Organic Compound                  94259.
                                   Emissions from
                                   Fiberglass Boat
                                   Manufacturing.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       26.11.31 Quality Assurance Requirements for Opacity Monitors (COMs)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                       State
  Name of non- regulatory SIP        Applicable      submittal   EPA approval date     Additional explanation
            revision              geographic area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2011 Base Year Emissions         Baltimore,          12/30/2016  8/9/2018, 83 FR    See Sec.   52.1075(r).
 Inventory for the 2008 8-Hour    Maryland 2008                   39365.
 Ozone National Ambient Air       Ozone Moderate
 Quality Standard.                Nonattainment
                                  Area.
 
                                                  * * * * * * *
Regional Haze Five-Year          Statewide........     8/9/2017  11/26/2018, 83 FR
 Progress Report.                                                 60363.
 
                                                  * * * * * * *
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    Editorial Note: This document was received for publication by 
the Office of the Federal Register on July 18, 2019.
[FR Doc. 2019-15655 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P