82 FR 24546 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24546-24549 | |
| FR Document | 2017-10912 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Rules and Regulations] [Pages 24546-24549] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10912] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0238; FRL-9962-73-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. The revision consists of a Maryland regulation that regulates nitrogen oxides (NOX ) emissions from coal-fired electric generating units (EGUs) in the State. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on June 29, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID [[Page 24547]] Number EPA-R03-OAR-2016-0238. All documents in the docket are listed on the https://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 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 https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On January 11, 2017 (82 FR 3233), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of a Maryland regulation to control emissions of NOX from coal fired EGUs. The formal SIP revision (#15-06) was submitted by the Maryland Department of the Environment (MDE) on November 20, 2015. On September 8, 2016, MDE provided a letter to EPA to clarify that the November 20, 2015 submission was submitted as a SIP strengthening measure and not as a submission to address reasonably available control technology (RACT) requirements for coal-fired EGUs. As noted in the NPR, this action pertains only to the changes to COMAR 26.11.38 that were submitted by MDE on November 20, 2015 with a State effective date of August 31, 2015, namely COMAR 26.11.38.01-.05. Subsequent revisions and amendments to this regulation have been made by MDE, but have not yet been submitted to EPA for incorporation into the Maryland SIP. II. Summary of SIP Revision The revision consists of Maryland regulation COMAR 26.11.38-- Control of NOX Emissions from Coal-Fired Electric Generating Units (effective August 31, 2015). The regulation establishes NOX emissions standards for 14 EGUs at 7 coal-fired power plants, and requires an affected EGU to minimize NOX emissions by operating and optimizing the use of all installed pollution controls and combustion controls during all times that the unit is in operation while burning coal. Additional monitoring and recordkeeping are required to demonstrate compliance with these requirements, and the owner or operator is required to submit a plan to MDE and to EPA for approval, which summarizes the data to be collected and make a showing that each affected EGU is operating its installed controls. Other specific requirements of COMAR 26.11.38 and the rationale supporting EPA's proposed rulemaking action are explained in the NPR and Technical Support Document (TSD) supporting EPA's analysis for approval of Maryland's regulation into the SIP and will not be restated here. The NPR and TSD are available in the docket for this rulemaking at https://www.regulations.gov, Docket ID Number EPA-R03- OAR-2016-0238. III. Public Comments and EPA's Responses EPA received two anonymous comments on the January 11, 2017 proposed approval of COMAR 26.11.38 for the Maryland SIP. Comment 1: One commenter expressed support for strengthening the NOX emissions limits in Maryland. Response 1: EPA thanks the commenter for the submitted statement. Comment 2: Another commenter expressed support for the proposed rulemaking as a SIP strengthening measure needed to reduce pollution and to meet the requirements of the national ambient air quality standards (NAAQS) ``to keep the air clean.'' However, the commenter also stated, ``This regulation was submitted as a SIP strengthening measure which seems to be necessary because of how it does not include nitrogen oxides (NOX ) emissions from seven coal-fired electric generating units which is a great amount.'' The commenter also stated it is an important measure to regulate clean air in ``already polluted skies'' and acknowledged this regulation was SIP strengthening and was not submitted to meet RACT requirements. Response 2: EPA thanks the commenter for supporting our approval of the Maryland regulation into the State's SIP. EPA notes that the commenter is incorrect in stating that COMAR 26.11.38, entitled ``Control of Nitrogen Oxides Emissions from Coal Fired Electric Generating Units,'' does not apply to NOX emissions from seven coal-fired EGUs. The language of COMAR 26.11.38 specifically contains NOX limitations for these EGUs as well as other control measures related to NOX emissions ass discussed in the NPR and TSD. As EPA discussed in the NPR, because NOX is a precursor to ozone formation, the NOX limitations and measures for these EGUs identified in COMAR 26.11.38 will reduce NOX emissions and ozone formation in Maryland which should assist Maryland with attaining and maintaining the ozone NAAQS. Finally, the commenter correctly acknowledged that Maryland had not submitted COMAR 26.11.38 for SIP inclusion to address any RACT requirements which Maryland confirmed with its September 8, 2016 letter to EPA. The September 8, 2016 letter is available in the docket for this rulemaking. EPA expects subsequent rulemaking action on Maryland's obligations for RACT under the 2008 ozone NAAQS. III. Final Action EPA is approving Maryland regulation COMAR 26.11.38, submitted in the November 20, 2015 SIP submission, which has a state effective date of August 31, 2015, as a revision to the Maryland SIP as a SIP strengthening measure in accordance with section 110 of the CAA. COMAR 26.11.38.01-.05 imposes NOX emissions limits on coal fired EGUs subject to the regulation, and EPA expects the regulation will lower NOX emissions within the State which should reduce ozone formation. The NOX emissions limits plus the operation and optimization of the existing NOX controls whenever the units are in operation strengthens the Maryland SIP and will help the State's attainment and maintenance of the ozone NAAQS. IV. Incorporation by Reference In this rule, 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 Maryland regulation COMAR 26.11.38.01-.05 described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been 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 [[Page 24548]] 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). 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 July 31, 2017. 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 approving Maryland regulation COMAR 26.11.38 into the Maryland SIP 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 requirement. Dated: May 5, 2017. 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. In Sec. 52.1070, the table in paragraph (c) is amended by adding the heading ``26.11.38 Control of Nitrogen Oxide Emissions from Coal- Fired Electric Generating Units'' and the entries ``26.11.38.01 through 26.11.38.05'' 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- Code of Maryland Administrative State Additional explanation/ citation at Regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- 26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units -------------------------------------------------------------------------------------------------------------------------------------------------------- 26.11.38.01...................... Definitions.............. 8/31/2015 5/30/2017 [Insert Federal Register citation]. 26.11.38.02...................... Applicability............ 8/31/2015 5/30/2017 [Insert Federal Register citation]. 26.11.38.03...................... 2015 NOX Emission Control 8/31/2015 5/30/2017 [Insert Federal Register Requirements. citation]. [[Page 24549]] 26.11.38.04...................... Compliance Demonstration 8/31/2015 5/30/2017 [Insert Federal Register Requirements. citation]. 26.11.38.05...................... Reporting Requirements... 8/31/2015 5/30/2017 [Insert Federal Register citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-10912 Filed 5-26-17; 8:45 am] BILLING CODE 6560-50-P
![24546 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
(2) Documents incorporated by
reference in regulation 9VAC5–20–21.
Revised paragraph in Applicable geographic area State submittal date EPA approval date Additional explanation
regulation 5–20–21
9VAC5–60–100 (adopts 40 Statewide ................................. 10/9/98 ..................................... 11/3/99, 64 FR 59648 .............. 52.2423(q).
CFR 63.460 through 63.469
by reference).
9VAC5–20–21, paragraphs E.1 Statewide ................................. 4/12/89 ..................................... 8/23/95, 60 FR 43714 .............. 52.2423(m); Originally Appen-
through E.5 and E.7. dix M, Sections II.A. through
II.E. and II.G.
9VAC5–20–21, paragraphs E.1 Statewide ................................. 2/12/93 ..................................... 8/23/95, 60 FR 43714 .............. 52.2423(n); Originally Appen-
and E.2. dix M, Sections II.A. and
II.B.
9VAC5–20–21, Section E ........ Statewide ................................. 6/22/99 ..................................... 1/7/03, 68 FR 663 .................... 52.2423(r).
9VAC5–20–21, paragraph E.12 Statewide ................................. 2/23/04 ..................................... 6/8/04, 69 FR 31893 ................ 52.2423(s).
9VAC5–20–21, Section E ........ Northern Virginia VOC Emis- 3/24/04 ..................................... 5/12/05, 70 FR 24970 .............. 9VAC5–20–21, Sections
sions Control Area des- E.1.a.(7)., E.4.a.(12) through
ignated in 9VAC5–20–206. a.(17), E.10., E.11.,
E.13.a.(1), and E.13.a.(2).
9VAC5–20–21, Sections D and Statewide ................................. 8/25/05 ..................................... 3/3/06, 71 FR 10838 ................ Sections D., E. (introductory
E. sentence), E.2 (all para-
graphs), E.3.b, E.4.a.(1) and
(2), E.4.b. , E.5. (all para-
graphs), and E.7. (all para-
graphs) State effective date
is 2/1/00.
9VAC5–20–21, Section B ........ Statewide ................................. 10/25/05 ................................... 3/3/06, 71 FR 10838 ................ State effective date is 3/9/05;
approval is for those provi-
sions of the CFR which im-
plement control programs for
air pollutants related to the
national ambient air quality
standards (NAAQS) and re-
gional haze.
9VAC5–20–21, Section E ........ Northern Virginia VOC Emis- 10/25/05 ................................... 1/30/07, 72FR 4207 ................. 9VAC5–20–21, Sections
sions Control Area des- .1.a.(16)., E.4.a.(18) through
ignated in 9VAC5–20–206. a.(20), E.6.a, E.11.a.(3),
E.12.a.(5) through a.(8),
E.14.a. and E.14.b.
State effective date is 3/9/05.
9VAC5–20–21, Paragraphs Fredericksburg VOC Emissions 5/14/07 ..................................... 12/5/07, 72 FR 68511 .............. State effective date is 10/4/06.
E.4.a. (21) and (22). Control Area Designated in
9VAC5–20–206.
9VAC5–20–21, Sections B. Statewide ................................. 6/24/09 ..................................... 1/18/11, 76 FR 2829 ................ Revised sections.
and E.1.
9VAC5–20–21, Sections Statewide ................................. 9/27/10 ..................................... 4/25/11, 76 FR 22814 .............. Revised sections.
E.1.a.(1)(q) and E.1.a.(1)(r).
9VAC5–20–21, Section Statewide ................................. 8/18/10 ..................................... 6/22/11, 76 FR 36326 .............. Added Section.
E.1.a.(1)(s).
9VAC5–20–21, Sections Northern Virginia and Fred- 3/17/10 ..................................... 1/26/12, 77 FR 3928 ................ Added section.
E.1.a.(2), (16)–(19), ericksburg VOC Emissions
E.2.a.(3), E.2.b., E.4.a.(23)– Control Areas.
(27), E.11.a.(4)–(6),
E.12.a.(3), (5) and (9)–(11).
9VAC5–20–21 Section E.1.a(1) Statewide ................................. 5/25/11 ..................................... 2/3/12, 77 FR 5400 .................. Addition of paragraph (1)(a)
Documents Incorporated by and (1) (u). The citations of
Reference. all other paragraphs are re-
vised.
Documents incorporated by Northern Virginia VOC emis- 02/01/16 ................................... 10/21/16, 81 FR 72711 ............ Section 15 added.
reference. sions control area.
[FR Doc. 2017–10909 Filed 5–26–17; 8:45 am] ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P AGENCY Agency (EPA) is approving a state
implementation plan (SIP) revision
40 CFR Part 52 submitted by the State of Maryland. The
[EPA–R03–OAR–2016–0238; FRL–9962–73– revision consists of a Maryland
Region 3] regulation that regulates nitrogen oxides
(NOX) emissions from coal-fired electric
Approval and Promulgation of Air generating units (EGUs) in the State.
Quality Implementation Plans; EPA is approving this revision in
sradovich on DSK3GMQ082PROD with RULES
Maryland; Control of Nitrogen Oxide accordance with the requirements of the
Emissions From Coal-Fired Electric Clean Air Act (CAA).
Generating Units
DATES: This final rule is effective on
AGENCY: Environmental Protection June 29, 2017.
Agency (EPA).
ADDRESSES: EPA has established a
ACTION: Final rule.
docket for this action under Docket ID
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![24548 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
Information Contact’’ section of this • is not subject to requirements of circuit by July 31, 2017. Filing a petition
preamble for more information). Section 12(d) of the National for reconsideration by the Administrator
Technology Transfer and Advancement of this final rule does not affect the
V. Statutory and Executive Order
Act of 1995 (15 U.S.C. 272 note) because finality of this action for the purposes of
Reviews
application of those requirements would judicial review nor does it extend the
A. General Requirements be inconsistent with the CAA; and time within which a petition for judicial
Under the CAA, the Administrator is • does not provide EPA with the review may be filed, and shall not
required to approve a SIP submission discretionary authority to address, as postpone the effectiveness of such rule
that complies with the provisions of the appropriate, disproportionate human
or action. This action approving
CAA and applicable federal regulations. health or environmental effects, using
Maryland regulation COMAR 26.11.38
42 U.S.C. 7410(k); 40 CFR 52.02(a). practicable and legally permissible
methods, under Executive Order 12898 into the Maryland SIP may not be
Thus, in reviewing SIP submissions, challenged later in proceedings to
EPA’s role is to approve state choices, (59 FR 7629, February 16, 1994).
In addition, this rule does not have enforce its requirements. (See section
provided that they meet the criteria of 307(b)(2).)
tribal implications as specified by
the CAA. Accordingly, this action
merely approves state law as meeting Executive Order 13175 (65 FR 67249, List of Subjects in 40 CFR Part 52
federal requirements and does not November 9, 2000), because the SIP is
impose additional requirements beyond not approved to apply in Indian country Environmental protection, Air
those imposed by state law. For that located in the state, and EPA notes that pollution control, Incorporation by
reason, this action: it will not impose substantial direct reference, Nitrogen dioxide, Ozone,
• Is not a ‘‘significant regulatory costs on tribal governments or preempt Reporting and recordkeeping
action’’ subject to review by the Office tribal law. requirement.
of Management and Budget under B. Submission to Congress and the Dated: May 5, 2017.
Executive Orders 12866 (58 FR 51735, Comptroller General Cecil Rodrigues,
October 4, 1993) and 13563 (76 FR 3821,
The Congressional Review Act, 5 Acting Regional Administrator, Region III.
January 21, 2011);
• does not impose an information U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement 40 CFR part 52 is amended as follows:
collection burden under the provisions
of the Paperwork Reduction Act (44 Fairness Act of 1996, generally provides
that before a rule may take effect, the PART 52—APPROVAL AND
U.S.C. 3501 et seq.); PROMULGATION OF
• is certified as not having a agency promulgating the rule must
submit a rule report, which includes a IMPLEMENTATION PLANS
significant economic impact on a
substantial number of small entities copy of the rule, to each House of the
under the Regulatory Flexibility Act (5 Congress and to the Comptroller General ■ 1. The authority citation for part 52
U.S.C. 601 et seq.); of the United States. EPA will submit a continues to read as follows:
• does not contain any unfunded report containing this action and other Authority: 42 U.S.C. 7401 et seq.
mandate or significantly or uniquely required information to the U.S. Senate,
affect small governments, as described the U.S. House of Representatives, and Subpart V—Maryland
in the Unfunded Mandates Reform Act the Comptroller General of the United
of 1995 (Pub. L. 104–4); States prior to publication of the rule in ■ 2. In § 52.1070, the table in paragraph
• does not have federalism the Federal Register. A major rule (c) is amended by adding the heading
implications as specified in Executive cannot take effect until 60 days after it ‘‘26.11.38 Control of Nitrogen Oxide
Order 13132 (64 FR 43255, August 10, is published in the Federal Register. Emissions from Coal-Fired Electric
1999); This action is not a ‘‘major rule’’ as
Generating Units’’ and the entries
• is not an economically significant defined by 5 U.S.C. 804(2).
regulatory action based on health or ‘‘26.11.38.01 through 26.11.38.05’’ in
safety risks subject to Executive Order C. Petitions for Judicial Review numerical order to read as follows:
13045 (62 FR 19885, April 23, 1997); Under section 307(b)(1) of the CAA, § 52.1070 Identification of plan.
• is not a significant regulatory action petitions for judicial review of this
subject to Executive Order 13211 (66 FR action must be filed in the United States * * * * *
28355, May 22, 2001); Court of Appeals for the appropriate (c) * * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland State Additional explanation/
Administrative Title/subject effective EPA approval date citation at 40 CFR
Regulations (COMAR) date 52.1100
citation
* * * * * * *
26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
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26.11.38.01 ................ Definitions ...................................................... 8/31/2015 5/30/2017 [Insert Federal
Register citation].
26.11.38.02 ................ Applicability ................................................... 8/31/2015 5/30/2017 [Insert Federal
Register citation].
26.11.38.03 ................ 2015 NOX Emission Control Requirements .. 8/31/2015 5/30/2017 [Insert Federal
Register citation].
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![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24549
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland State Additional explanation/
Administrative Title/subject effective EPA approval date citation at 40 CFR
Regulations (COMAR) date 52.1100
citation
26.11.38.04 ................ Compliance Demonstration Requirements ... 8/31/2015 5/30/2017 [Insert Federal
Register citation].
26.11.38.05 ................ Reporting Requirements ............................... 8/31/2015 5/30/2017 [Insert Federal
Register citation].
* * * * * * *
* * * * * unique air pollution problems. the Construction or Modification of
[FR Doc. 2017–10912 Filed 5–26–17; 8:45 am] Therefore, EPA, from time to time, must Generating Stations and Overhead
BILLING CODE 6560–50–P take action on SIP revisions containing Transmission Lines—General).
new and/or revised regulations as being 10. COMAR 20.79.02.01 through
part of the SIP. On May 22, 1997 (62 FR 20.79.02.03 (Applications Concerning
ENVIRONMENTAL PROTECTION 27968), EPA revised the procedures for the Construction or Modification of
AGENCY incorporating by reference federally- Generating Stations and Overhead
approved SIPs, as a result of Transmission Lines—Administrative
40 CFR Part 52 consultations between EPA and the Provisions).
[MD 204–3120; FRL–9959–24–Region 3] Office of the Federal Register (OFR). The 11. COMAR 20.79.03.01 and
description of the revised SIP 20.79.03.02 (part) (Applications
Air Plan Approval; Maryland; Update to document, IBR procedures and Concerning the Construction or
Materials Incorporated by Reference ‘‘Identification of plan’’ format are Modification of Generating Stations and
AGENCY: Environmental Protection discussed in further detail in the May Overhead Transmission Lines—Details
Agency (EPA). 22, 1997 Federal Register document. On of Filing Requirements—Generating
November 29, 2004 (69 FR 69304), EPA Stations).
ACTION: Final rule; administrative
published a document in the Federal 12. Public Utility Companies Article
change. of the Annotated Code of Maryland,
Register beginning the new IBR
SUMMARY: The Environmental Protection procedure for Maryland. On February 2, sections 7–205, 7–207 (part), 7–207.1
Agency (EPA) is updating the materials 2006 (71 FR 5607), May 18, 2007 (72 FR (part), and 7–208.
that are incorporated by reference (IBR) 27957), March 11, 2008 (73 FR 12895), 13. Annotated Code of Maryland, title
into the Maryland state implementation March 19, 2009 (74 FR 11647), and 15 (Public Ethics) which was also
plan (SIP). The regulations affected by August 22, 2011 (76 FR 52278), EPA removed and replaced (see section C of
this update have been previously published updates to the IBR material this rulemaking).
submitted by the Maryland Department for Maryland. 14. Annotated Code of Maryland,
of the Environment (MDE) and Since the publication of the last IBR section 5–101 (a),(e),(f), (g)(1) and (2),
approved by EPA. This update affects update, EPA has approved the following (h), (i), (j), (m), (n), (p), (s), (t), (bb), (ff),
the SIP materials that are available for regulatory changes to the following (gg), (ll) (Definitions), section 5–103(a)
public inspection at the National regulations, statutes, and source-specific through (c) (Designation of Individuals
Archives and Records Administration actions for Maryland: as Public Officials, section 5–208(a)
(NARA) and the EPA Regional Office. (Determination of Public Official in
A. Added Executive agency), section 5–501(a) and
DATES: This action is effective May 30,
2017. 1. COMAR 26.11.09.10 (Requirements (c) (Restrictions on Participation),
to Burn Used Oil and Waste section 5–601(a) (Individuals Required
ADDRESSES: SIP materials which are
Combustible Fluid as Fuel). to File Statement), section 5–602(a)
incorporated by reference into 40 CFR
2. COMAR 26.11.09.12 (Standards for (Financial Disclosure Statement—Filing
part 52 are available for inspection at
Biomass Fuel-Burning Equipment Equal Requirements), section 5–606(a) (Public
the following locations: Air Protection
to or Greater Than 350,000 Btu/hr). Records), section 5–607(a) through (j)
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, 3. COMAR 26.11.17.06 through .09 (Content of statements), and section 5–
Philadelphia, Pennsylvania 19103; or (Requirements for New Sources and 608(a) through (c) (Interests Attributable
NARA. For information on the Modifications). to Individual Filing Statement).
4. COMAR 26.11.19.07–2 (Plastic 15. In 40 CFR 52.1070(d), a source
availability of this material at NARA,
Parts and Business Machines Coating). specific requirement was added for the
call 202–741–6030, or go to: http://
5. COMAR 26.11.19.27–1 (Control of GenOn Chalk Point Generating
www.archives.gov/federal_register/
Volatile Organic Compounds from Station—2011 Consent Decree for Chalk
code_of_federal_regulations/ibr_
Pleasure Craft Coating Operations). Point.
locations.html. 6. COMAR 26.11.26.01, 26.11.26.04
FOR FURTHER INFORMATION CONTACT: through .09 (Conformity). B. Revised
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Sharon McCauley, (215) 814–3376, or by 7. COMAR 26.11.34.01 through .14 1. COMAR 26.11.01.01 (Definitions).
email at mccauley.sharon@epa.gov. (Low Emissions Vehicle Program). 2. COMAR 26.11.01.04 (Testing and
SUPPLEMENTARY INFORMATION: 8. COMAR 26.11.35.01 through .07 Monitoring).
(Volatile Organic Compounds from 3. COMAR 26.11.02.01 (Definitions),
I. Background Adhesives and Sealants). .09 (Sources Subject to Permits to
The SIP is a living document which 9. COMAR 20.79.01.01 (part), .02 Construct), .10 (Sources Exempt from
a state revises as necessary to address its (part), and .06 (Applications Concerning Permits to Construct and Approvals),
VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 E:\FR\FM\30MYR1.SGM 30MYR1](https://thefederalregister.org/doc/82_FR_24648/page/4.svg)
Document Created: 2018-11-08 08:54:20
Document Modified: 2018-11-08 08:54:20
| 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 June 29, 2017. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 82 FR 24546 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirement |
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