81 FR 59486 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59486-59488 | |
| FR Document | 2016-20654 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Rules and Regulations] [Pages 59486-59488] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20654] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0054; FRL-9951-22-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is granting conditional approval of a state implementation plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). The revisions adds and amends regulations in the SIP which control emissions from various processes and fuel-burning equipment at Kraft pulp mills. The SIP revision includes the following: a new definition for ``NOX Ozone Season Allowance;'' a new regulation with nitrogen oxides (NOX ) limits for fuel-burning equipment located at Kraft pulp mills; a removal and relocation of existing NOX reasonably available control technology (RACT) requirements for Kraft pulp mills into another Maryland regulation; and a revised regulation which clarifies the volatile organic compound (VOC) control system and emission requirements for several process installations at Kraft pulp mills. EPA is granting conditional approval because the new Maryland definition references the defunct Clean Air Interstate Rule (CAIR) and because MDE provided a commitment to remove all references to CAIR within the definition of ``NOX Ozone Season Allowance'' and submit a revised definition as a new SIP revision, no later than a year from EPA finalizing this conditional approval. Upon timely meeting of this commitment, EPA will propose to convert the conditional approval of the SIP revision to a final, full approval. This action is being taken under the Clean Air Act (CAA). DATES: This final rule is effective on September 29, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R03-OAR-2016-0054. All documents in the docket are listed on the http://www.regulations.gov Web site. 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 [[Page 59487]] 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: Gregory Becoat, (215) 814 2036, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On May 20, 2016 (81 FR 31887), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to grant conditional approval of revisions to regulations in Maryland's SIP which control emissions from various processes and fuel-burning equipment at Kraft pulp mills. The formal SIP revision (14-04) was submitted by MDE on October 15, 2014. II. Summary of SIP Revision MDE's SIP revision adds and amends regulations in order to control emissions from various processes and fuel-burning equipment at Kraft pulp mills. The SIP revision adds a definition for ``NOX Ozone Season Allowance'' and establishes applicability, compliance requirements, monitoring and reporting requirements, allowances, and NOX emission standards and limits for Kraft pulp mills. The SIP revision also removes subsection (C)(h) of the Code of Maryland Regulations (COMAR) 26.11.09.08 from the Maryland SIP because the NOX requirements for pulp mills have been relocated to COMAR 26.11.14.07. The SIP revision clarifies the VOC control system and requirements for several process installations at Kraft pulp mills. Other specific requirements of the SIP revision and the rationale for EPA's action to grant conditional approval are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is granting conditional approval of Maryland's October 15, 2014 SIP revision concerning the regulations and requirements to control NOX and VOC emissions from various processes and fuel- burning equipment at Kraft pulp mills as it strengthens the SIP with provisions related to controlling emissions of NOX and VOC. The conditional approval is contingent upon MDE's September 29, 2015 commitment to remove references to the now defunct CAIR CAA allowance trading program within the definition of ``NOX Ozone Season Allowance,'' at COMAR 26.11.01.01 and replace with another allowance mechanism. Once EPA has determined that MDE has satisfied this condition and EPA approves the revised definition, EPA shall remove the conditional nature of its approval and this SIP revision will at that time receive full approval status. IV. Incorporation by Reference In this rule, with our conditional approval, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing, with our conditional approval, the incorporation by reference of revisions to COMAR 26.11.01.01, COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 26.11.14.06. Therefore, these materials have been conditionally 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 by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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); 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 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). [[Page 59488]] 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 October 31, 2016. 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 pertaining to the regulations and requirements for the control of emissions from various processes and fuel-burning equipment from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 12, 2016. Shawn M. Garvin, 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, paragraph (c) table is amended by revising the entries for ``26.11.01.01'', ``26.11.09.08'', ``26.11.14.06'', and adding in numerical order the entry for ``26.11.14.07''to read as follows: Sec. 52.1070 Identification of plan. * * * * * (c)* * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- State Additional explanation/ Code of Maryland Administrative Title/subject effective EPA Approval date citation at 40 CFR Regulations (COMAR) citation date 52.1100 ---------------------------------------------------------------------------------------------------------------- 26.11.01 General Administrative Provisions ---------------------------------------------------------------------------------------------------------------- 26.11.01.01..................... Definitions........ 03/03/14 08/30/16........... Revised definition of ``NOX Ozone Season Allowance'' and Conditional Approval of definition of ``NOX Ozone Season Allowance''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.09.08..................... Control of NOX 03/03/14 08/30/16 [Insert Removed and relocated Emissions for Federal Register existing NOX RACT Major Stationary citation]. requirements under Sources. COMAR 26.11.14.07. Conditional Approval. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.14 Control of Emissions From Kraft Pulp Mills ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.14.06..................... Control of Volatile 03/03/14 08/30/16 [Insert Amended to clarify Organic Compounds. Federal Register volatile organic citation]. compound (VOC) control system and requirements at Kraft pulp mills. Conditional Approval. 26.11.14.07..................... Control of NOX 03/03/14 08/30/16 [Insert Regulation Added. Emissions from Federal Register Conditional Approval. Fuel Burning citation]. Equipment. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-20654 Filed 8-29-16; 8:45 am] BILLING CODE 6560-50-P
![59486 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
or on the distribution of power and For the reasons discussed in the ENVIRONMENTAL PROTECTION
responsibilities between the Federal preamble, the Coast Guard amends 33 AGENCY
Government and Indian tribes. If you CFR part 165 as follows:
believe this rule has implications for 40 CFR Part 52
federalism or Indian tribes, please PART 165—REGULATED NAVIGATION
[EPA–R03–OAR–2016–0054; FRL–9951–22–
contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS Region 3]
FURTHER INFORMATION CONTACT section
above. ■ 1. The authority citation for part 165 Approval and Promulgation of Air
continues to read as follows: Quality Implementation Plans;
E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Maryland; Control of Emissions From
The Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Various Processes and Fuel-Burning
of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation Equipment From Kraft Pulp Mills
Federal agencies to assess the effects of No. 0170.1.
their discretionary regulatory actions. In AGENCY: Environmental Protection
■ 2. Add a temporary § 165.T07–0832 to Agency (EPA).
particular, the Act addresses actions read as follows:
that may result in the expenditure by a ACTION: Final rule.
State, local, or tribal government, in the § 165.T07–0832 Safety Zone; Caribbean
Fantasy, Vessel on Fire; Punta Salinas, Toa SUMMARY: The Environmental Protection
aggregate, or by the private sector of Agency (EPA) is granting conditional
$100,000,000 (adjusted for inflation) or Baja, Puerto Rico.
(a) Regulated area. The following area approval of a state implementation plan
more in any one year. Though this rule (SIP) revision submitted by the
will not result in such an expenditure, is a safety zone: all waters within 1,000
yard radius from the Caribbean Fantasy, Maryland Department of the
we do discuss the effects of this rule Environment (MDE). The revisions adds
elsewhere in this preamble. located in Punta Salinas, Toa Baja,
and amends regulations in the SIP
Puerto Rico.
F. Environment which control emissions from various
(b) Definition. The term ‘‘designated
processes and fuel-burning equipment
We have analyzed this rule under representative’’ means Coast Guard
at Kraft pulp mills. The SIP revision
Department of Homeland Security Patrol Commanders, including Coast
includes the following: a new definition
Management Directive 023–01 and Guard coxswains, petty officers, and
for ‘‘NOX Ozone Season Allowance;’’ a
Commandant Instruction M16475.lD, other officers operating Coast Guard
new regulation with nitrogen oxides
which guide the Coast Guard in vessels, and Federal, state, and local
(NOX) limits for fuel-burning equipment
complying with the National officers designated by or assisting the
located at Kraft pulp mills; a removal
Environmental Policy Act of 1969 (42 Captain of the Port Jacksonville in the and relocation of existing NOX
U.S.C. 4321–4370f), and have enforcement of the regulated area. reasonably available control technology
determined that this action is one of a (c) Regulations. (1) In accordance with (RACT) requirements for Kraft pulp
category of actions that do not the general regulations in § 165.23, entry mills into another Maryland regulation;
individually or cumulatively have a into this safety zone is prohibited unless and a revised regulation which clarifies
significant effect on the human specifically authorized by the Captain of the volatile organic compound (VOC)
environment. This rule involves a safety the Port San Juan or a designated control system and emission
zone that will prohibit entry within representative. requirements for several process
1000 yards of the Caribbean Fantasy due (2) Persons or vessels desiring enter installations at Kraft pulp mills. EPA is
to an imminent fire on board. It is into, pass through, or operate on the granting conditional approval because
categorically excluded from further waters within this zone, must request the new Maryland definition references
review under paragraph 34(g) of Figure permission from the Captain of the Port the defunct Clean Air Interstate Rule
2–1 of the Commandant Instruction. An San Juan or a designated representative. (CAIR) and because MDE provided a
environmental analysis checklist They may be contacted on VHF–FM commitment to remove all references to
supporting this determination and a Channel 16 or by telephone at (787) CAIR within the definition of ‘‘NOX
Categorical Exclusion Determination are 289–2041. Ozone Season Allowance’’ and submit a
available in the docket where indicated (3) If permission is granted, all revised definition as a new SIP revision,
under ADDRESSES. We seek any persons and vessels shall comply with no later than a year from EPA finalizing
comments or information that may lead any specific instructions of the Captain this conditional approval. Upon timely
to the discovery of a significant of the Port San Juan or designated meeting of this commitment, EPA will
environmental impact from this rule. representative, while transiting through propose to convert the conditional
the zone. approval of the SIP revision to a final,
G. Protest Activities
(d) Informational broadcasts. The full approval. This action is being taken
The Coast Guard respects the First Coast Guard will provide notice of the
Amendment rights of protesters. under the Clean Air Act (CAA).
regulated area by Broadcast Notices to
Protesters are asked to contact the DATES: This final rule is effective on
Mariners and on-scene designated
person listed in the FOR FURTHER September 29, 2016.
representatives.
INFORMATION CONTACT section to ADDRESSES: EPA has established a
(e) Enforcement period. This safety
coordinate protest activities so that your zone will be enforced from 3 p.m. on docket for this action under Docket ID
message can be received without August 17, 2016 through 11:59 p.m. on No. EPA–R03–OAR–2016–0054. All
jeopardizing the safety or security of August 31, 2016. documents in the docket are listed on
mstockstill on DSK3G9T082PROD with RULES
people, places or vessels. the http://www.regulations.gov Web
Dated: August 17, 2016. site. Although listed in the index, some
List of Subjects in 33 CFR Part 165 R.W. Warren, information is not publicly available,
Marine safety, Navigation (water), Captain, U.S. Coast Guard, Captain of the e.g., confidential business information
Reporting and recordkeeping Port San Juan. (CBI) or other information whose
requirements, Security measures, [FR Doc. 2016–20856 Filed 8–29–16; 8:45 am] disclosure is restricted by statute.
Waterways. BILLING CODE 9110–04–P Certain other material, such as
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![59488 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
C. Petitions for Judicial Review challenged later in proceedings to PART 52—APPROVAL AND
enforce its requirements. (See section PROMULGATION OF
Under section 307(b)(1) of the CAA,
petitions for judicial review of this 307(b)(2).) IMPLEMENTATION PLANS
action must be filed in the United States List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52
Court of Appeals for the appropriate continues to read as follows:
circuit by October 31, 2016. Filing a Environmental protection, Air
petition for reconsideration by the pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
Administrator of this final rule does not reference, Nitrogen dioxide, Ozone,
Subpart V—Maryland
affect the finality of this action for the Reporting and recordkeeping
purposes of judicial review nor does it requirements, Volatile organic ■ 2. In § 52.1070, paragraph (c) table is
extend the time within which a petition compounds. amended by revising the entries for
for judicial review may be filed, and ‘‘26.11.01.01’’, ‘‘26.11.09.08’’,
Dated: August 12, 2016.
shall not postpone the effectiveness of ‘‘26.11.14.06’’, and adding in numerical
such rule or action. Shawn M. Garvin,
order the entry for ‘‘26.11.14.07’’to read
This action pertaining to the Regional Administrator, Region III.
as follows:
regulations and requirements for the 40 CFR part 52 is amended as follows:
control of emissions from various § 52.1070 Identification of plan.
processes and fuel-burning equipment * * * * *
from Kraft pulp mills, may not be (c)* * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Ad- State Additional explanation/citation at 40 CFR
ministrative Regulations Title/subject effective EPA Approval date 52.1100
(COMAR) citation date
26.11.01 General Administrative Provisions
26.11.01.01 .................... Definitions ..................... 03/03/14 08/30/16 ........................ Revised definition of ‘‘NOX Ozone Season Allow-
ance’’ and Conditional Approval of definition of
‘‘NOX Ozone Season Allowance’’.
* * * * * * *
26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
* * * * * * *
26.11.09.08 .................... Control of NOX Emis- 03/03/14 08/30/16 [Insert Federal Removed and relocated existing NOX RACT re-
sions for Major Sta- Register citation]. quirements under COMAR 26.11.14.07. Con-
tionary Sources. ditional Approval.
* * * * * * *
26.11.14 Control of Emissions From Kraft Pulp Mills
* * * * * * *
26.11.14.06. ................... Control of Volatile Or- 03/03/14 08/30/16 [Insert Federal Amended to clarify volatile organic compound
ganic Compounds. Register citation]. (VOC) control system and requirements at
Kraft pulp mills. Conditional Approval.
26.11.14.07. ................... Control of NOX Emis- 03/03/14 08/30/16 [Insert Federal Regulation Added. Conditional Approval.
sions from Fuel Burn- Register citation].
ing Equipment.
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am] AGENCY
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R04–OAR–2015–0675; FRL–9951–59– submitted by the Commonwealth of
mstockstill on DSK3G9T082PROD with RULES
Region 4] Kentucky through its Energy and
Environment Cabinet, Department of
Air Plan Approval; Kentucky; Source
Environmental Protection, Division for
Specific Revision for Louisville Gas
Air Quality (KY DAQ) on February 13,
and Electric
2013, for the purpose of establishing
AGENCY: Environmental Protection emission requirements for the
Agency (EPA). changeover from coal-fired units U4, U5
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Document Created: 2018-02-09 11:42:09
Document Modified: 2018-02-09 11:42:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on September 29, 2016. | |
| Contact | Gregory Becoat, (215) 814 2036, or by email at [email protected] | |
| FR Citation | 81 FR 59486 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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