[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
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Code of Maryland Administrative Regulations (COMAR)
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26.11.01 General Administrative Provisions
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* * * * * * *
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.
* * * * * * *
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26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
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* * * * * * *
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).
* * * * * * *
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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 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
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* * * * * * *
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).
* * * * * * *
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26.11.19 Volatile Organic Compounds from Specific Processes
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* * * * * * *
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.
* * * * * * *
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26.11.31 Quality Assurance Requirements for Opacity Monitors (COMs)
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* * * * * * *
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Annotated Code of Maryland
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* * * * * * *
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* * * * *
(e) * * *
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State
Name of non- regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
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* * * * * * *
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