80_FR_23838 80 FR 23756 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements

80 FR 23756 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 82 (April 29, 2015)

Page Range23756-23757
FR Document2015-10008

The Environmental Protection Agency (EPA) is proposing to approve a January 24, 2013 State Implementation Plan (SIP) revision submitted for the State of Maryland by the Maryland Department of the Environment (MDE). This revision pertains to preconstruction permitting requirements under Maryland's minor New Source Review (NSR) program. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 82 (Wednesday, April 29, 2015) 
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Proposed Rules]
[Pages 23756-23757]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10008]



[[Page 23756]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0225; FRL-9927-04-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Minor New Source Review Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a January 24, 2013 State Implementation Plan (SIP) revision 
submitted for the State of Maryland by the Maryland Department of the 
Environment (MDE). This revision pertains to preconstruction permitting 
requirements under Maryland's minor New Source Review (NSR) program. 
This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 29, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0225 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2015-0225, David Campbell, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0225. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI, or otherwise protected, through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On January 24, 2013, MDE submitted a 
revision to the Maryland SIP.

I. Background

    The proposed revision consists of amendments to Regulation .09 
under section 26.11.02 of the Code of Maryland Regulations (COMAR). An 
amendment to COMAR 26.11.01.01 inadvertently widened the universe of 
sources that are required to obtain a permit to construct under COMAR 
26.11.02.09. The previously approved version of COMAR 26.11.02.09A(4) 
requires that any ``National Emission Standards for Hazardous Air 
Pollutants Source (NESHAP Source) as defined in section 26.11.01.01 . . 
.'' obtain a permit to construct. The definition of NESHAP Source at 
COMAR 26.11.01.01B(21) was amended and simplified (specifically, 
26.11.01.01B(21)(b)), effective March 5, 2012.\1\ The revised 
definition had the unintended consequence of requiring that all sources 
subject to the NESHAP obtain a permit to construct, even the small 
emission sources which had previously been exempt under section 
26.11.02.10.
---------------------------------------------------------------------------

    \1\ It should be noted that COMAR 26.11.01.01B(21) is not part 
of the Maryland SIP.
---------------------------------------------------------------------------

    The proposed revision to section 26.11.02.09A(4) allows MDE to 
retain the exemptions for smaller sources as originally intended and 
already approved in the Maryland SIP. Additionally, Regulations .09A(3) 
and .09A(4) under section 26.11.02 were revised to clarify that 
electric generating stations that meet the definitions of New Source 
Performance Standard (NSPS) sources and NESHAP sources are exempt from 
MDE permitting requirements only if they receive a Certificate of 
Public Convenience and Necessity (CPCN) from the Maryland Public 
Service Commission (PSC).

II. Summary of SIP Revision

    COMAR 26.11.02.09A(4) has been revised to specify that NESHAP 
sources ``. . . as defined by COMAR 26.11.01.01B(21)(a),'' are required 
to obtain a permit to construct. This corrects the unintended 
consequence of applying MDE permitting requirements to emission sources 
that would otherwise be exempt. COMAR 26.11.02.09A(6) will continue to 
require that all sources not explicitly exempt are required to obtain a 
permit to construct. Additionally, as previously discussed, Regulations 
.09A(3) and .09A(4) under section 26.11.02 have been revised to clarify 
that electric generating stations that meet the definitions of NSPS 
sources and NESHAP sources are exempt from permitting requirements only 
if they receive a CPCN from the Maryland PSC. The proposed revisions 
were effective in Maryland on July 8, 2013.

III. Proposed Action

    EPA's review of this material indicates that it meets all 
applicable CAA requirements. EPA notes that in a February 10, 2012 
final rulemaking action, limited approval was granted to a Maryland SIP 
revision that included amendments to COMAR 26.11.02.09. See 77 FR 6963. 
The reasons for that limited approval are unrelated to this action, and 
do not prevent EPA from granting full approval to the currently 
proposed amendments to section

[[Page 23757]]

26.11.02.09. Therefore, EPA is proposing to approve MDE's January 24, 
2013 SIP revision. EPA is soliciting public comments on the issues 
discussed in this document. These comments will be considered before 
taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule, regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, the EPA is 
proposing to incorporate by reference Maryland's permit to construct 
requirements as discussed in section II of this preamble. The EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Statutory and Executive Order Reviews

    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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 proposed rule, relating to Maryland's 
preconstruction permitting requirements, 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.

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.

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

     Dated: April 16, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-10008 Filed 4-28-15; 8:45 am]
 BILLING CODE 6560-50-P

23756 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules ENVIRONMENTAL PROTECTION identity or contact information unless NESHAP Source at COMAR AGENCY you provide it in the body of your 26.11.01.01B(21) was amended and comment. If you send an email simplified (specifically, 40 CFR Part 52 comment directly to EPA without going 26.11.01.01B(21)(b)), effective March 5, [EPA–R03–OAR–2015–0225; FRL–9927–04– through www.regulations.gov, your 2012.1 The revised definition had the Region 3] email address will be automatically unintended consequence of requiring captured and included as part of the that all sources subject to the NESHAP Approval and Promulgation of Air comment that is placed in the public obtain a permit to construct, even the Quality Implementation Plans; docket and made available on the small emission sources which had Maryland; Minor New Source Review Internet. If you submit an electronic previously been exempt under section Requirements comment, EPA recommends that you 26.11.02.10. include your name and other contact The proposed revision to section AGENCY: Environmental Protection information in the body of your 26.11.02.09A(4) allows MDE to retain Agency. comment and with any disk or CD–ROM the exemptions for smaller sources as ACTION: Proposed rule. you submit. If EPA cannot read your originally intended and already comment due to technical difficulties approved in the Maryland SIP. SUMMARY: The Environmental Protection and cannot contact you for clarification, Additionally, Regulations .09A(3) and Agency (EPA) is proposing to approve a EPA may not be able to consider your .09A(4) under section 26.11.02 were January 24, 2013 State Implementation comment. Electronic files should avoid revised to clarify that electric generating Plan (SIP) revision submitted for the the use of special characters, any form stations that meet the definitions of New State of Maryland by the Maryland of encryption, and be free of any defects Source Performance Standard (NSPS) Department of the Environment (MDE). or viruses. sources and NESHAP sources are This revision pertains to Docket: All documents in the exempt from MDE permitting preconstruction permitting electronic docket are listed in the requirements only if they receive a requirements under Maryland’s minor www.regulations.gov index. Although Certificate of Public Convenience and New Source Review (NSR) program. listed in the index, some information is Necessity (CPCN) from the Maryland This action is being taken under the not publicly available, i.e., CBI or other Public Service Commission (PSC). Clean Air Act (CAA). information whose disclosure is II. Summary of SIP Revision DATES: Written comments must be restricted by statute. Certain other received on or before May 29, 2015. COMAR 26.11.02.09A(4) has been material, such as copyrighted material, ADDRESSES: Submit your comments, revised to specify that NESHAP sources is not placed on the Internet and will be identified by Docket ID Number EPA– publicly available only in hard copy ‘‘. . . as defined by COMAR R03–OAR–2015–0225 by one of the form. Publicly available docket 26.11.01.01B(21)(a),’’ are required to following methods: materials are available either obtain a permit to construct. This A. www.regulations.gov. Follow the corrects the unintended consequence of electronically in www.regulations.gov or on-line instructions for submitting applying MDE permitting requirements in hard copy during normal business comments. to emission sources that would B. Email: campbell.dave@epa.gov. hours at the Air Protection Division, U.S. Environmental Protection Agency, otherwise be exempt. COMAR C. Mail: EPA–R03–OAR–2015–0225, 26.11.02.09A(6) will continue to require David Campbell, Associate Director, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. that all sources not explicitly exempt Office of Permits and Air Toxics, are required to obtain a permit to Mailcode 3AP10, U.S. Environmental Copies of the State submittal are available at the Maryland Department of construct. Additionally, as previously Protection Agency, Region III, 1650 discussed, Regulations .09A(3) and Arch Street, Philadelphia, Pennsylvania the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, .09A(4) under section 26.11.02 have 19103. been revised to clarify that electric D. Hand Delivery: At the previously- Maryland 21230. generating stations that meet the listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT: definitions of NSPS sources and deliveries are only accepted during the David Talley, (215) 814–2117, or by NESHAP sources are exempt from Docket’s normal hours of operation, and email at talley.david@epa.gov. permitting requirements only if they special arrangements should be made SUPPLEMENTARY INFORMATION: On receive a CPCN from the Maryland PSC. for deliveries of boxed information. January 24, 2013, MDE submitted a The proposed revisions were effective in Instructions: Direct your comments to revision to the Maryland SIP. Maryland on July 8, 2013. Docket ID No. EPA–R03–OAR–2015– 0225. EPA’s policy is that all comments I. Background III. Proposed Action received will be included in the public The proposed revision consists of EPA’s review of this material docket without change, and may be amendments to Regulation .09 under indicates that it meets all applicable made available online at section 26.11.02 of the Code of CAA requirements. EPA notes that in a www.regulations.gov, including any Maryland Regulations (COMAR). An February 10, 2012 final rulemaking personal information provided, unless amendment to COMAR 26.11.01.01 action, limited approval was granted to the comment includes information inadvertently widened the universe of a Maryland SIP revision that included claimed to be Confidential Business sources that are required to obtain a mstockstill on DSK4VPTVN1PROD with PROPOSALS amendments to COMAR 26.11.02.09. Information (CBI) or other information permit to construct under COMAR See 77 FR 6963. The reasons for that whose disclosure is restricted by statute. 26.11.02.09. The previously approved limited approval are unrelated to this Do not submit information that you version of COMAR 26.11.02.09A(4) action, and do not prevent EPA from consider to be CBI, or otherwise requires that any ‘‘National Emission granting full approval to the currently protected, through www.regulations.gov Standards for Hazardous Air Pollutants proposed amendments to section or email. The www.regulations.gov Web Source (NESHAP Source) as defined in site is an ‘‘anonymous access’’ system, section 26.11.01.01 . . .’’ obtain a 1 It should be noted that COMAR which means EPA will not know your permit to construct. The definition of 26.11.01.01B(21) is not part of the Maryland SIP. VerDate Sep<11>2014 16:59 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.SGM 29APP1

Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules 23757 26.11.02.09. Therefore, EPA is • is not a significant regulatory action requests public comments on this proposing to approve MDE’s January 24, subject to Executive Order 13211 (66 FR proposed action. The NPL, promulgated 2013 SIP revision. EPA is soliciting 28355, May 22, 2001); pursuant to section 105 of the public comments on the issues • is not subject to requirements of Comprehensive Environmental discussed in this document. These Section 12(d) of the National Response, Compensation, and Liability comments will be considered before Technology Transfer and Advancement Act (CERCLA) of 1980, as amended, is taking final action. Act of 1995 (15 U.S.C. 272 note) because an appendix of the National Oil and application of those requirements would Hazardous Substances Pollution IV. Incorporation by Reference be inconsistent with the CAA; and Contingency Plan (NCP). EPA and the In this proposed rulemaking action, • does not provide EPA with the State of New Jersey, through the New EPA is proposing to include in a final discretionary authority to address, as Jersey Department of Environmental EPA rule, regulatory text that includes appropriate, disproportionate human Protection, have determined that all incorporation by reference. In health or environmental effects, using appropriate response actions under accordance with requirements of 1 CFR practicable and legally permissible CERCLA, other than long-term 51.5, the EPA is proposing to methods, under Executive Order 12898 maintenance and five-year reviews, incorporate by reference Maryland’s (59 FR 7629, February 16, 1994). have been completed. However, this permit to construct requirements as In addition, this proposed rule, deletion does not preclude future discussed in section II of this preamble. relating to Maryland’s preconstruction actions under Superfund. The EPA has made, and will continue permitting requirements, does not have DATES: Comments must be received by to make, these documents generally tribal implications as specified by May 29, 2015. available electronically through Executive Order 13175 (65 FR 67249, ADDRESSES: Submit your comments, www.regulations.gov and/or in hard November 9, 2000), because the SIP is identified by Docket ID no. EPA–HQ– copy at the appropriate EPA office (see not approved to apply in Indian country SFUND–2005–0002, by one of the the ADDRESSES section of this preamble located in the state, and EPA notes that following methods: for more information). it will not impose substantial direct • Web site: http:// V. Statutory and Executive Order costs on tribal governments or preempt www.regulations.gov. Follow the online Reviews tribal law. instructions for submitting comments. Under the CAA, the Administrator is List of Subjects in 40 CFR Part 52 • Email: hess.alison@epa.gov: required to approve a SIP submission • Mail: To the attention of Alison Environmental protection, Air Hess, Remedial Project Manager, U.S. that complies with the provisions of the pollution control, Carbon monoxide, CAA and applicable Federal regulations. Environmental Protection Agency, Incorporation by reference, Region 2, Emergency & Remedial 42 U.S.C. 7410(k); 40 CFR 52.02(a). Intergovernmental relations, Lead, Thus, in reviewing SIP submissions, Response Division, 290 Broadway, 19th Nitrogen dioxide, Ozone, Particulate Floor, New York, NY 10007–1866. EPA’s role is to approve state choices, matter, Reporting and recordkeeping provided that they meet the criteria of • Hand Delivery: Superfund Records requirements, Sulfur oxides, Volatile Center, 290 Broadway, 18th floor, New the CAA. Accordingly, this action organic compounds. merely approves state law as meeting York, NY 10007–1866 (telephone: 212– Federal requirements and does not Authority: 42 U.S.C. 7401 et seq. 637–4308). Such deliveries are only impose additional requirements beyond Dated: April 16, 2015. accepted during the Record Center’s those imposed by state law. For that William C. Early, normal hours of operation (Monday to reason, this proposed action: Friday from 9:00 a.m. to 5:00 p.m.). Acting, Regional Administrator, Region III. • Is not a ‘‘significant regulatory Special arrangements should be made [FR Doc. 2015–10008 Filed 4–28–15; 8:45 am] action’’ subject to review by the Office for deliveries of boxed information. BILLING CODE 6560–50–P Instructions: Direct your comments to of Management and Budget under Executive Order 12866 (58 FR 51735, Docket ID no. EPA–HQ–SFUND–2005– October 4, 1993); 0002. EPA’s policy is that all comments ENVIRONMENTAL PROTECTION • does not impose an information received will be included in the public AGENCY collection burden under the provisions docket without change and may be of the Paperwork Reduction Act (44 40 CFR Part 300 made available online at http:// U.S.C. 3501 et seq.); www.regulations.gov, including any [EPA–HQ–SFUND–2005–0002; FRL–9927– • is certified as not having a personal information provided, unless 05–Region 2] the comment includes information significant economic impact on a substantial number of small entities claimed to be Confidential Business National Oil and Hazardous Substance under the Regulatory Flexibility Act (5 Information (CBI) or other information Pollution Contingency Plan National U.S.C. 601 et seq.); whose disclosure is restricted by statute. Priorities List: Deletion of the Crown • does not contain any unfunded Vantage Landfill Superfund Site Do not submit information that you mandate or significantly or uniquely consider to be CBI or otherwise affect small governments, as described AGENCY: Environmental Protection protected through http:// in the Unfunded Mandates Reform Act Agency. www.regulations.gov or email. The http://www.regulations.gov Web site is mstockstill on DSK4VPTVN1PROD with PROPOSALS of 1995 (Pub. L. 104–4); ACTION: Proposed rule; notice of intent. • does not have Federalism an ‘‘anonymous access’’ system, which implications as specified in Executive SUMMARY: The Environmental Protection means EPA will not know your identity Order 13132 (64 FR 43255, August 10, Agency (EPA) Region 2 is issuing a or contact information unless you 1999); Notice of Intent to Delete the Crown provide it in the body of your comment. • is not an economically significant Vantage Landfill Superfund Site (Site), If you send an email comment directly regulatory action based on health or located in Alexandria Township, to EPA without going through http:// safety risks subject to Executive Order Hunterdon County, New Jersey, from www.regulations.gov, your email 13045 (62 FR 19885, April 23, 1997); the National Priorities List (NPL) and address will be automatically captured VerDate Sep<11>2014 16:59 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\29APP1.SGM 29APP1


Document Created: 2015-12-16 08:25:39
Document Modified: 2015-12-16 08:25:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before May 29, 2015.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation80 FR 23756 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds
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