82 FR 22290 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Revisions and Amendments to Regulations for Continuous Opacity Monitoring, Continuous Emissions Monitoring, and Quality Assurance Requirements for Continuous Opacity Monitors; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range		22290-22291
FR Document		2017-09492

This document corrects an omission in the rule language of a final rule pertaining to changes and amendments to Maryland regulations for continuous opacity monitoring (COM or COMs) and continuous emissions monitoring (CEM or CEMs) and to an amendment adding requirements for quality assurance and quality control as they pertain to COMs. EPA approved these revisions to the COMs and CEMs requirements in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017)

[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22290-22291]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-09492]

[[Page 22290]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0042; FRL-9961-38-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revisions and Amendments to Regulations for Continuous
Opacity Monitoring, Continuous Emissions Monitoring, and Quality
Assurance Requirements for Continuous Opacity Monitors; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects an omission in the rule language of a
final rule pertaining to changes and amendments to Maryland regulations
for continuous opacity monitoring (COM or COMs) and continuous
emissions monitoring (CEM or CEMs) and to an amendment adding
requirements for quality assurance and quality control as they pertain
to COMs. EPA approved these revisions to the COMs and CEMs requirements
in accordance with the requirements of the Clean Air Act (CAA).

DATES: This document is effective on May 15, 2017.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 7, 2016, (81 FR 78048), EPA
published a final rulemaking action approving revisions and amendments
to Maryland regulations for COMs, CEMs, and quality assurance
requirements for COMs.
In the ``Identification of Plan'' table on page 78052 of the
rulemaking action published on November 7, 2016, we added only the
title for Maryland regulation COMAR 26.11.31 ``Quality Assurance
Requirements for Opacity Monitors (COMs)'' to 40 CFR 52.1070(c) and
inadvertently omitted approved sections COMAR 26.11.31.01 through .12.
The intent of the approved rulemaking was to incorporate the entire
COMAR 26.11.31 regulation into the Maryland SIP. The revised rule
language in this correcting rulemaking action is now adding the omitted
language for each section of COMAR 26.11.31 in the Code of Federal
Regulations (CFR). These sections were part of the original approval
and are to be included in the CFR through this correction.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because we are merely correcting an
inadvertent, incorrect citation in a previous action which fully
discussed the regulation added to the Maryland SIP and provided a
proposal and opportunity for comment. Thus, notice and public procedure
are unnecessary. We find that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of May 15,
2017.
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 correction of the rule language
in 40 CFR 52.1070(c) pertaining to changes and amendments to Maryland
regulations for COMs and CEMs is not a ``major rule'' as defined by 5
U.S.C. 804(2).

[[Page 22291]]

Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region III.

0
40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec. 52.1070, the table in paragraph (c) is amended by adding
under heading ``26.11.30 Policies and Procedures Relating to Maryland's
NOX Reduction and Trading Program'' entries ``26.11.31.01
through 26.11.31.12'' in numerical order to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland Administrative State explanation/
Regulations (COMAR) citation Title/subject effective date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------

* * * * * * *
26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------

* * * * * * *
26.11.31.01.................... Scope.................. 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.02.................... Applicability.......... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.03.................... Incorporation by 6/13/2011 11/7/2016 81 FR
Reference. 78048.
26.11.31.04.................... Definitions............ 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.05.................... Principle.............. 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.06.................... Quality Control 6/13/2011 11/7/2016 81 FR
Requirements. 78048.
26.11.31.07.................... Opacity Calibration 6/13/2011 11/7/2016 81 FR
Drift Assessment. 78048.
26.11.31.08.................... Audit Frequency........ 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.09.................... Performance Audit...... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.10.................... Calibration Error 6/13/2011 11/7/2016 81 FR
Methods. 78048.
26.11.31.11.................... Zero Alignment Audit... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.12.................... Corrective Actions..... 6/13/2011 11/7/2016 81 FR
78048.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-09492 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P

22290 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations

ENVIRONMENTAL PROTECTION provides that, when an agency for good This technical correction action does
AGENCY cause finds that notice and public not involve technical standards; thus
procedure are impracticable, the requirements of section 12(d) of the
40 CFR Part 52 unnecessary or contrary to the public National Technology Transfer and
[EPA–R03–OAR–2016–0042; FRL–9961–38– interest, the agency may issue a rule Advancement Act of 1995 (15 U.S.C.
Region 3] without providing notice and an 272 note) do not apply. The rule also
opportunity for public comment. We does not involve special consideration
Approval and Promulgation of Air have determined that there is good of environmental justice related issues
Quality Implementation Plans; cause for making this rule final without as required by Executive Order 12898
Maryland; Revisions and Amendments prior proposal and opportunity for
(59 FR 7629, February 16, 1994). In
to Regulations for Continuous Opacity comment because we are merely
issuing this rule, EPA has taken the
Monitoring, Continuous Emissions correcting an inadvertent, incorrect
citation in a previous action which fully necessary steps to eliminate drafting
Monitoring, and Quality Assurance
Requirements for Continuous Opacity discussed the regulation added to the errors and ambiguity, minimize
Monitors; Correction Maryland SIP and provided a proposal potential litigation, and provide a clear
and opportunity for comment. Thus, legal standard for affected conduct, as
AGENCY: Environmental Protection notice and public procedure are required by section 3 of Executive Order
Agency (EPA). unnecessary. We find that this 12988 (61 FR 4729, February 7, 1996).
ACTION: Final rule; correcting constitutes good cause under 5 U.S.C. EPA has complied with Executive Order
amendment. 553(b)(3)(B). 12630 (53 FR 8859, March 15, 1998) by
SUMMARY: This document corrects an examining the takings implications of
Statutory and Executive Order Reviews
omission in the rule language of a final the rule in accordance with the
Under Executive Order (E.O.) 12866 ‘‘Attorney General’s Supplemental
rule pertaining to changes and
(58 FR 51735, October 4, 1993), this Guidelines for the Evaluation of Risk
amendments to Maryland regulations
action is not a ‘‘significant regulatory and Avoidance of Unanticipated
for continuous opacity monitoring
action’’ and is therefore not subject to Takings’’ issued under the executive
(COM or COMs) and continuous
review by the Office of Management and order. This rule does not impose an
emissions monitoring (CEM or CEMs)
Budget. For this reason, this action is
and to an amendment adding information collection burden under the
also not subject to Executive Order
requirements for quality assurance and Paperwork Reduction Act of 1995 (44
13211, ‘‘Actions Concerning Regulations
quality control as they pertain to COMs. U.S.C. 3501 et seq.).
That Significantly Affect Energy Supply,
EPA approved these revisions to the The Congressional Review Act (5
Distribution, or Use’’ (66 FR 28355 (May
COMs and CEMs requirements in U.S.C. 801 et seq.), as added by the
22, 2001)). Because the agency has made
accordance with the requirements of the
a ‘‘good cause’’ finding that this action Small Business Regulatory Enforcement
Clean Air Act (CAA).
is not subject to notice-and-comment Fairness Act of 1996, generally provides
DATES: This document is effective on requirements under the Administrative that before a rule may take effect, the
May 15, 2017. Procedures Act or any other statute as agency promulgating the rule must
FOR FURTHER INFORMATION CONTACT: indicated in the Supplementary submit a rule report, which includes a
Marilyn Powers, (215) 814–2308 or by Information section above, it is not copy of the rule, to each House of the
email at powers.marilyn@.epa.gov. subject to the regulatory flexibility Congress and to the Comptroller General
SUPPLEMENTARY INFORMATION: On provisions of the Regulatory Flexibility of the United States. Section 808 allows
November 7, 2016, (81 FR 78048), EPA Act (5 U.S.C. 601 et seq.), or to sections the issuing agency to make a rule
published a final rulemaking action 202 and 205 of the Unfunded Mandates
effective sooner than otherwise
approving revisions and amendments to Reform Act of 1995 (UMRA) (Pub. L.
Maryland regulations for COMs, CEMs, provided by the CRA if the agency
104–4). In addition, this action does not
and quality assurance requirements for significantly or uniquely affect small makes a good cause finding that notice
COMs. governments or impose a significant and public procedure is impracticable,
In the ‘‘Identification of Plan’’ table intergovernmental mandate, as unnecessary or contrary to the public
on page 78052 of the rulemaking action described in sections 203 and 204 of interest. This determination must be
published on November 7, 2016, we UMRA. This rule also does not have a supported by a brief statement. 5 U.S.C.
added only the title for Maryland substantial direct effect on one or more 808(2). As stated previously, EPA had
regulation COMAR 26.11.31 ‘‘Quality Indian tribes, on the relationship made such a good cause finding,
Assurance Requirements for Opacity between the Federal Government and including the reasons therefore, and
Monitors (COMs)’’ to 40 CFR 52.1070(c) Indian tribes, or on the distribution of established an effective date of May 15,
and inadvertently omitted approved power and responsibilities between the 2017.
sections COMAR 26.11.31.01 through Federal Government and Indian tribes, EPA will submit a report containing
.12. The intent of the approved as specified by Executive Order 13175 this rule and other required information
rulemaking was to incorporate the entire (65 FR 67249, November 9, 2000), nor
to the U.S. Senate, the U.S. House of
COMAR 26.11.31 regulation into the will it have substantial direct effects on
Representatives, and the Comptroller
Maryland SIP. The revised rule language the States, on the relationship between
the national government and the States, General of the United States prior to
in this correcting rulemaking action is
now adding the omitted language for or on the distribution of power and publication of the rule in the Federal
sradovich on DSK3GMQ082PROD with RULES

each section of COMAR 26.11.31 in the responsibilities among the various Register. This correction of the rule
Code of Federal Regulations (CFR). levels of governments, as specified by language in 40 CFR 52.1070(c)
These sections were part of the original Executive Order 13132 (64 FR 43255, pertaining to changes and amendments
approval and are to be included in the August 10, 1999). This rule also is not to Maryland regulations for COMs and
CFR through this correction. subject to Executive Order 13045 (62 FR CEMs is not a ‘‘major rule’’ as defined
Section 553 of the Administrative 19885, April 23, 1997), because it is not by 5 U.S.C. 804(2).
Procedure Act, 5 U.S.C. 553(b)(3)(B), economically significant.

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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations 22291

Dated: March 24, 2017. PART 52—APPROVAL AND ‘‘26.11.30 Policies and Procedures
Cecil Rodrigues, PROMULGATION OF Relating to Maryland’s NOX Reduction
Acting Regional Administrator, EPA Region IMPLEMENTATION PLANS and Trading Program’’ entries
III. ‘‘26.11.31.01 through 26.11.31.12’’ in
■ 1. The authority citation for part 52
numerical order to read as follows:
■ 40 CFR part 52 is amended as follows: continues to read as follows:
Authority: 42 U.S.C. 7401 et seq. § 52.1070 Identification of plan.
* * * * *
Subpart V—Maryland
(c) * * *
■ 2. In § 52.1070, the table in paragraph
(c) is amended by adding under heading

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Additional
State
Administrative explanation/
Title/subject effective EPA approval date
Regulations citation at 40
date
(COMAR) citation CFR 52.1100

* * * * * * *
26.11.30 Policies and Procedures Relating to Maryland’s NOX Reduction and Trading Program

* * * * * * *
26.11.31.01 ....................... Scope .......................................................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.02 ....................... Applicability ................................................................. 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.03 ....................... Incorporation by Reference ........................................ 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.04 ....................... Definitions ................................................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.05 ....................... Principle ...................................................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.06 ....................... Quality Control Requirements .................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.07 ....................... Opacity Calibration Drift Assessment ......................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.08 ....................... Audit Frequency ......................................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.09 ....................... Performance Audit ...................................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.10 ....................... Calibration Error Methods .......................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.11 ....................... Zero Alignment Audit .................................................. 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.12 ....................... Corrective Actions ...................................................... 6/13/2011 11/7/2016 81 FR 78048.

* * * * * * *

* * * * * approved describes how CAA received to its public docket. Do not
[FR Doc. 2017–09492 Filed 5–12–17; 8:45 am] requirements for vehicle inspection and submit electronically any information
BILLING CODE 6560–50–P maintenance (I/M), nonattainment new you consider to be Confidential
source review (NNSR) and emission Business Information (CBI) or other
statements are met in the Houston- information whose disclosure is
ENVIRONMENTAL PROTECTION Galveston-Brazoria ozone restricted by statute. Multimedia
AGENCY nonattainment area (HGB area) for the submissions (audio, video, etc.) must be
2008 ozone NAAQS. EPA is also making accompanied by a written comment.
40 CFR Part 52 a ministerial correction to the Code of The written comment is considered the
[EPA–R06–OAR–2017–0054; FRL–9960–15– Federal Regulations (CFR) to accurately official comment and should include
Region 6] reflect approved SIP revisions that discussion of all points you wish to
pertain to Texas I/M provisions. make. The EPA will generally not
Approval and Promulgation of consider comments or comment
Implementation Plans; Texas; Clean DATES: This rule is effective on July 14,
contents located outside of the primary
Air Act Requirements for Vehicle 2017 without further notice, unless the
submission (i.e. on the Web, cloud, or
Inspection and Maintenance, EPA receives relevant adverse comment
other file sharing system). For
Nonattainment New Source Review by June 14, 2017. If the EPA receives
additional submission methods, please
and Emission Statements such comment, the EPA will publish a
contact Carl Young, 214–665–6645,
timely withdrawal in the Federal
AGENCY: Environmental Protection young.carl@epa.gov. For the full EPA
Register informing the public that this
Agency (EPA). public comment policy, information
rule will not take effect.
ACTION: Direct final rule. about CBI or multimedia submissions,
ADDRESSES: Submit your comments, and general guidance on making
SUMMARY: Pursuant to the Federal Clean identified by Docket No. EPA–R06– effective comments, please visit http://
sradovich on DSK3GMQ082PROD with RULES

Air Act (CAA or the Act), the OAR–2017–0054, at http:// www2.epa.gov/dockets/commenting-
Environmental Protection Agency (EPA) www.regulations.gov or via email to epa-dockets.
is approving a State Implementation young.carl@epa.gov. Follow the online Docket: The index to the docket for
Plan (SIP) revision submitted by the instructions for submitting comments. this action is available electronically at
State of Texas for the 2008 8-hour ozone Once submitted, comments cannot be www.regulations.gov and in hard copy
national ambient air quality standards edited or removed from Regulations.gov. at EPA Region 6, 1445 Ross Avenue,
(NAAQS). The SIP revision being The EPA may publish any comment Suite 700, Dallas, Texas. While all

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Document Created: 2017-05-13 02:38:54
Document Modified: 2017-05-13 02:38:54

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; correcting amendment.
Dates		This document is effective on May 15, 2017.
Contact		Marilyn Powers, (215) 814-2308 or by email at [email protected]
FR Citation		82 FR 22290