82 FR 24549 - Air Plan Approval; Maryland; Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 102 (May 30, 2017)

Page Range		24549-24552
FR Document		2017-10915

The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Maryland state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Maryland Department of the Environment (MDE) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)

[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24549-24552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10915]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 204-3120; FRL-9959-24-Region 3]


Air Plan Approval; Maryland; Update to Materials Incorporated by 
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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

SUMMARY: The Environmental Protection Agency (EPA) is updating the 
materials that are incorporated by reference (IBR) into the Maryland 
state implementation plan (SIP). The regulations affected by this 
update have been previously submitted by the Maryland Department of the 
Environment (MDE) and approved by EPA. This update affects the SIP 
materials that are available for public inspection at the National 
Archives and Records Administration (NARA) and the EPA Regional Office.

DATES: This action is effective May 30, 2017.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; or NARA. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, (215) 814-3376, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The SIP is a living document which a state revises as necessary to 
address its unique air pollution problems. Therefore, EPA, from time to 
time, must take action on SIP revisions containing new and/or revised 
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), 
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office 
of the Federal Register (OFR). The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On November 29, 2004 (69 FR 69304), EPA published a document 
in the Federal Register beginning the new IBR procedure for Maryland. 
On February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11, 
2008 (73 FR 12895), March 19, 2009 (74 FR 11647), and August 22, 2011 
(76 FR 52278), EPA published updates to the IBR material for Maryland.
    Since the publication of the last IBR update, EPA has approved the 
following regulatory changes to the following regulations, statutes, 
and source-specific actions for Maryland:

A. Added

    1. COMAR 26.11.09.10 (Requirements to Burn Used Oil and Waste 
Combustible Fluid as Fuel).
    2. COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning Equipment 
Equal to or Greater Than 350,000 Btu/hr).
    3. COMAR 26.11.17.06 through .09 (Requirements for New Sources and 
Modifications).
    4. COMAR 26.11.19.07-2 (Plastic Parts and Business Machines 
Coating).
    5. COMAR 26.11.19.27-1 (Control of Volatile Organic Compounds from 
Pleasure Craft Coating Operations).
    6. COMAR 26.11.26.01, 26.11.26.04 through .09 (Conformity).
    7. COMAR 26.11.34.01 through .14 (Low Emissions Vehicle Program).
    8. COMAR 26.11.35.01 through .07 (Volatile Organic Compounds from 
Adhesives and Sealants).
    9. COMAR 20.79.01.01 (part), .02 (part), and .06 (Applications 
Concerning the Construction or Modification of Generating Stations and 
Overhead Transmission Lines--General).
    10. COMAR 20.79.02.01 through 20.79.02.03 (Applications Concerning 
the Construction or Modification of Generating Stations and Overhead 
Transmission Lines--Administrative Provisions).
    11. COMAR 20.79.03.01 and 20.79.03.02 (part) (Applications 
Concerning the Construction or Modification of Generating Stations and 
Overhead Transmission Lines--Details of Filing Requirements--Generating 
Stations).
    12. Public Utility Companies Article of the Annotated Code of 
Maryland, sections 7-205, 7-207 (part), 7-207.1 (part), and 7-208.
    13. Annotated Code of Maryland, title 15 (Public Ethics) which was 
also removed and replaced (see section C of this rulemaking).
    14. Annotated Code of Maryland, section 5-101 (a),(e),(f), (g)(1) 
and (2), (h), (i), (j), (m), (n), (p), (s), (t), (bb), (ff), (gg), (ll) 
(Definitions), section 5-103(a) through (c) (Designation of Individuals 
as Public Officials, section 5-208(a) (Determination of Public Official 
in Executive agency), section 5-501(a) and (c) (Restrictions on 
Participation), section 5-601(a) (Individuals Required to File 
Statement), section 5-602(a) (Financial Disclosure Statement--Filing 
Requirements), section 5-606(a) (Public Records), section 5-607(a) 
through (j) (Content of statements), and section 5-608(a) through (c) 
(Interests Attributable to Individual Filing Statement).
    15. In 40 CFR 52.1070(d), a source specific requirement was added 
for the GenOn Chalk Point Generating Station--2011 Consent Decree for 
Chalk Point.

B. Revised

    1. COMAR 26.11.01.01 (Definitions).
    2. COMAR 26.11.01.04 (Testing and Monitoring).
    3. COMAR 26.11.02.01 (Definitions), .09 (Sources Subject to Permits 
to Construct), .10 (Sources Exempt from Permits to Construct and 
Approvals),

[[Page 24550]]

and .12 (Procedures for Obtaining Approvals of PSD Sources and NSR 
Sources, Permits to Construct, Permit to Construct MACT Determinations 
On a Case-by-Case Basis in Accordance with 40 CFR part 63, subpart B, 
and Certain 100-Ton Sources).
    4. COMAR 26.11.04.02 (Ambient Air Quality Standards, Definitions, 
Reference Conditions, and Methods of Measurement).
    5. COMAR 26.11.06.14 (Control of PSD Sources).
    6. COMAR 26.11.09.01 (Definitions), .04 (Prohibition of Certain New 
Fuel Burning Equipment), .06 (Control of Particulate Matter), .07 
(Control of Sulfur Oxides from Fuel Burning Equipment), and .09 (Tables 
and Diagrams).
    7. COMAR 26.11.10.03 (Visible Emissions).
    8. COMAR 26.11.13.04 (Loading Operations) and .05 (Gasoline Leaks 
from Tank Trucks).
    9. COMAR 26.11.17.01 (Definitions), .02 (Applicability), .03 
(General Conditions), .04 (Creating Emission Reduction Credits (ERCs)), 
.05 (Information on Emission Reductions and Certification).
    10. The following regulations in COMAR 26.11.19 (Volatile Organic 
Compounds from Specific Processes):
    a. COMAR 26.11.19.02 (Applicability, Determining Compliance, 
Reporting, and General Requirements).
    b. COMAR 26.11.19.07 (Paper, Fabric, Film, and Foil Coating).
    c. COMAR 26.11.19.08 (Metal Parts and Products Coating).
    d. COMAR 26.11.19.11 (Lithographic and Letterpress Printing).
    e. COMAR 26.11.19.13 (Drum and Pail Coating).
    f. COMAR 26.11.19.15 (Paint, Resin, and Adhesive Manufacturing and 
Adhesive and Sealant Applications).
    g. COMAR 26.11.19.23 (Control of VOC Emissions from Vehicle 
Refinishing).
    h. COMAR 26.11.19.30 (Control of Volatile Organic Compounds from 
Chemical Production and Flouropolymer Material Installations).
    11. COMAR 26.11.26.01 (Purpose), .02 (Definitions) and .03 
(Transportation Conformity).
    12. COMAR 26.11.34.01 (Purpose), .02 (Incorporation by Reference), 
.03 (Applicability and Exemptions, .04 (Definitions), .05 (Emission 
Requirements), .06 (Fleet Average NMOG Credit Account Balances), .07 
(Initial NMOG Credit Account Balances), .08 (Fleet Average Greenhouse 
Gas Requirements), .09 (Zero Emission Vehicle (ZEV) Requirements), .10 
(Initial ZEV Credit Account Balances), .11 (Vehicle Testing), .12 
(Warranty), .13 (Manufacturer Compliance Demonstration), and .14 
(Enforcement).

C. Removed

    1. COMAR 26.11.04.03 through .09 (State Ambient Air Quality 
Standards).
    2. Annotated Code of Maryland, title 15 (Public Ethics).
    3. Consent orders and/or consent decrees for Potomac Electric Power 
Company (PEPCO)--Chalk Point Units #1 and #2, Beall Junior/Senior High 
School, Mt. Saint Mary's College, and Maryland Slag Co.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as 
of July 1, 2016 and revising the text within 40 CFR 52.1070(b).
    EPA is revising our 40 CFR part 52 ``Identification of Plan'' for 
the State of Maryland regarding incorporation by reference, Sec.  
52.1070(b). EPA is revising Sec.  52.1070(b)(1) to clarify that all SIP 
revisions listed in paragraphs (c) and (d), regardless of inclusion in 
the most recent ``update to the SIP compilation,'' are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking in which EPA approved the SIP revision, 
consistent with following our ``Approval and Promulgations of Air 
Quality Implementation Plans; Revised Format of 40 CFR part 52 for 
Materials Being Incorporated by Reference,'' effective May 22, 1997 (62 
FR 27968). EPA is revising Sec.  52.1070(b)(2) to clarify references to 
other portions of paragraph (b) with paragraph (b)(2). EPA is revising 
paragraph (b)(3) to update address and contact information.
    In the table for 40 CFR 52.1070(c):
    1. Revising the Federal Register date for COMAR 26.11.10.03.
    2. Adding a Federal Register entry for COMAR 26.11.19.09-1 which is 
currently not shown in the Code of Federal Regulations but was 
previously approved by EPA on February 22, 2011 at 76 FR 9656.
    3. Revising the title of the State Government Article of the 
Annotated Code of Maryland to read, ``General Provisions Article of the 
Annotated Code of Maryland (formerly cited at Section 15 of State 
Government Article).''
    In the table for 40 CFR 52.1070(d):
    1. Restoring an entry for PEPCO--Dickerson which was inadvertently 
removed from the table during a prior final rulemaking action.
    2. Revising an incorrect Federal Register page citation in the 
``EPA approval date'' column for the Northeast Maryland Waste Disposal 
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of 
Baltimore and BEDCO Development Corp.
    3. Reorganizing the table so that the entries appear in the order 
which EPA's approval actions occurred.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). This 
rule simply codifies provisions which are already in effect as a matter 
of law in federal and approved state programs. Under section 553 of the 
APA, an agency may find good cause where procedures are ``impractical, 
unnecessary, or contrary to the public interest.'' Public comment is 
``unnecessary'' and ``contrary to the public interest'' since the 
codification only reflects existing law. Immediate notice in the CFR 
benefits the public by removing outdated citations and incorrect table 
entries.

IV. Incorporation by Reference

    In this 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 previously 
EPA approved regulations promulgated by the State of Maryland and 
federally effective prior to July 1, 2016. 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 
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).
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    \1\ 62 FR 27968 (May 22, 1997).

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[[Page 24551]]

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act (CAA), the Administrator is required to 
approve a SIP submission that complies with the provisions of the CAA 
and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action merely approves state law as meeting federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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 rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Maryland SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
update action for Maryland.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 18, 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. Section 52.1070 is amended by:
0
a. Revising paragraph (b).
0
b. In paragraph (c):
0
i. Revising the entry for COMAR 26.11.10.03;
0
ii. Adding an entry in numerical order for COMAR 26.11.19.09-1; and
0
iii. Removing the heading ``State Government Article of the Annotated 
Code of Maryland'' and adding in its place the heading ``General 
Provisions Article of the Annotated Code of Maryland (formerly cited at 
Section 15 of State Government Article)''.
0
c. In paragraph (d):
0
i. Adding an entry for Potomac Electric Power Company (PEPCO)--
Dickerson as the first entry of the table;
0
ii. Revising the entry for the Northeast Maryland Waste Disposal 
Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of 
Baltimore and BEDCO Development Corp; and
0
iii. Removing the entry for GenOn Chalk Point Generating Station from 
the beginning of the table and adding an entry for GenOn Chalk Point 
Generating Station to the end of the table.
    The revisions and additions read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Entries in paragraphs (c) and (d) of this section with the EPA 
approval dates after July 1, 2016 for the State of Maryland, have been 
approved by EPA for inclusion in the state implementation plan and for 
incorporation by reference into the plan as it is contained in this 
section, and will be considered by the Director of the Federal Register 
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the following materials provided 
by EPA at the addresses in paragraph (b)(3) of this section are an 
exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the state implementation plan as of 
the dates referenced in paragraph (b)(1) of this section.
    (3) Copies of the materials incorporated by reference into the 
state implementation plan may be inspected at the Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. To obtain the material, please call the Regional 
Office at (215) 814-3376. You may also inspect the material with an EPA 
approval date prior to July 1, 2016 for the State of Maryland at the 
National

[[Page 24552]]

Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.10.03......................  Visible Emissions..         6/29/09  7/27/12, 77 FR       Revised paragraphs
                                                                         44146.               A. and D. of
                                                                                              26.11.10.03 for
                                                                                              Sintering Plants.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.19.09-1....................  Control of VOC              4/19/10  2/22/11, 76 FR 9656  New Regulation.
                                    Emissions from
                                    Industrial Solvent
                                    Cleaning
                                    Operations Other
                                    Than Cold and
                                    Vapor Degreasing..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                       State effective                            Additional
         Name of source            Permit number/type        date        EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
Potomac Electric Power Company    #49352 Amended              7/26/78   12/6/79, 44 FR       52.1100(c)(25).
 (PEPCO)--Dickerson.               Consent Order.                        70141.
 
                                                  * * * * * * *
Northeast Maryland Waste          Secretarial Order..         2/25/83   8/24/83, 48 FR       52.1100(c)(70)
 Disposal Authority and                                                  38465.               (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                              landfill for
 Mayor and City Council of                                                                    offsets).
 Baltimore and BEDCO Development
 Corp.
 
                                                  * * * * * * *
GenOn Chalk Point Generating      The 2011 Consent            3/10/11   5/4/12, 77 FR 26438  Docket No.
 Station.                          Decree for Chalk                                           52.1070(d). The
                                   Point.                                                     SIP approval
                                                                                              includes specific
                                                                                              provisions of the
                                                                                              2011 Consent
                                                                                              Decree for which
                                                                                              the State of
                                                                                              Maryland requested
                                                                                              approval on
                                                                                              October 12, 2011.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-10915 Filed 5-26-17; 8:45 am]
 BILLING CODE 6560-50-P

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
sradovich on DSK3GMQ082PROD with RULES

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),

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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations 24551

V. Statutory and Executive Order costs on tribal governments or preempt ■ b. In paragraph (c):
Reviews tribal law. ■ i. Revising the entry for COMAR
26.11.10.03;
A. General Requirements B. Submission to Congress and the ■ ii. Adding an entry in numerical order
Comptroller General for COMAR 26.11.19.09–1; and
Under the Clean Air Act (CAA), the
Administrator is required to approve a The Congressional Review Act, 5 ■ iii. Removing the heading ‘‘State
SIP submission that complies with the U.S.C. 801 et seq., as added by the Small Government Article of the Annotated
provisions of the CAA and applicable Business Regulatory Enforcement Code of Maryland’’ and adding in its
federal regulations. 42 U.S.C. 7410(k); Fairness Act of 1996, generally provides place the heading ‘‘General Provisions
40 CFR 52.02(a). Thus, in reviewing SIP that before a rule may take effect, the Article of the Annotated Code of
submissions, EPA’s role is to approve agency promulgating the rule must Maryland (formerly cited at Section 15
state choices, provided that they meet submit a rule report, which includes a of State Government Article)’’.
the criteria of the CAA. Accordingly, copy of the rule, to each House of the ■ c. In paragraph (d):
this action merely approves state law as Congress and to the Comptroller General ■ i. Adding an entry for Potomac
meeting federal requirements and does of the United States. EPA will submit a Electric Power Company (PEPCO)—
not impose additional requirements report containing this rule and other Dickerson as the first entry of the table;
beyond those imposed by state law. For required information to the U.S. Senate, ■ ii. Revising the entry for the Northeast
that reason, this action: the U.S. House of Representatives, and Maryland Waste Disposal Authority and
• is not a ‘‘significant regulatory the Comptroller General of the United Wheelabrator-Frye, Inc. and the Mayor
action’’ subject to review by the Office States prior to publication of the rule in and City Council of Baltimore and
of Management and Budget under the Federal Register. This rule is not a BEDCO Development Corp; and
‘‘major rule’’ as defined by 5 U.S.C. ■ iii. Removing the entry for GenOn
Executive Order 12866 (58 FR 51735,
October 4, 1993); 804(2). Chalk Point Generating Station from the
• does not impose an information beginning of the table and adding an
C. Petitions for Judicial Review entry for GenOn Chalk Point Generating
collection burden under the provisions
EPA has also determined that the Station to the end of the table.
of the Paperwork Reduction Act (44
provisions of section 307(b)(1) of the The revisions and additions read as
U.S.C. 3501 et seq.);
CAA pertaining to petitions for judicial follows:
• is certified as not having a
review are not applicable to this action.
significant economic impact on a § 52.1070 Identification of plan.
Prior EPA rulemaking actions for each
substantial number of small entities * * * * *
individual component of the Maryland
under the Regulatory Flexibility Act (5 (b) Incorporation by reference. (1)
SIP compilations had previously
U.S.C. 601 et seq.); Material listed in paragraphs (c) and (d)
afforded interested parties the
• does not contain any unfunded of this section with an EPA approval
opportunity to file a petition for judicial
mandate or significantly or uniquely date prior to July 1, 2016, was approved
review in the United States Court of
affect small governments, as described for incorporation by reference by the
Appeals for the appropriate circuit
in the Unfunded Mandates Reform Act Director of the Federal Register in
within 60 days of such rulemaking
of 1995 (Pub. L. 104–4); accordance with 5 U.S.C. 552(a) and 1
action. Thus, EPA sees no need in this
• does not have federalism CFR part 51. Entries in paragraphs (c)
action to reopen the 60-day period for
implications as specified in Executive and (d) of this section with the EPA
filing such petitions for judicial review
Order 13132 (64 FR 43255, August 10, approval dates after July 1, 2016 for the
for this ‘‘Identification of plan’’ update
1999); State of Maryland, have been approved
action for Maryland.
• is not an economically significant by EPA for inclusion in the state
regulatory action based on health or List of Subjects in 40 CFR Part 52 implementation plan and for
safety risks subject to Executive Order Environmental protection, Air incorporation by reference into the plan
13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide, as it is contained in this section, and
• is not a significant regulatory action Incorporation by reference, will be considered by the Director of the
subject to Executive Order 13211 (66 FR Intergovernmental relations, Lead, Federal Register for approval in the next
28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate update to the SIP compilation.
• is not subject to requirements of matter, Reporting and recordkeeping (2) EPA Region III certifies that the
Section 12(d) of the National requirements, Sulfur oxides, Volatile following materials provided by EPA at
Technology Transfer and Advancement organic compounds. the addresses in paragraph (b)(3) of this
Act of 1995 (15 U.S.C. 272 note) because section are an exact duplicate of the
Dated: January 18, 2017.
application of those requirements would officially promulgated state rules/
Cecil Rodrigues,
be inconsistent with the CAA; and regulations which have been approved
• does not provide EPA with the Acting Regional Administrator, Region III.
as part of the state implementation plan
discretionary authority to address, as 40 CFR part 52 is amended as follows: as of the dates referenced in paragraph
appropriate, disproportionate human (b)(1) of this section.
health or environmental effects, using PART 52—APPROVAL AND (3) Copies of the materials
practicable and legally permissible PROMULGATION OF incorporated by reference into the state
methods, under Executive Order 12898 IMPLEMENTATION PLANS implementation plan may be inspected
(59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52 at the Environmental Protection Agency,
sradovich on DSK3GMQ082PROD with RULES

In addition, this rule does not have continues to read as follows: Region III, 1650 Arch Street,
tribal implications as specified by Philadelphia, Pennsylvania 19103. To
Authority: 42 U.S.C. 7401 et seq.
Executive Order 13175 (65 FR 67249, obtain the material, please call the
November 9, 2000), because the SIP is Subpart V—Maryland Regional Office at (215) 814–3376. You
not approved to apply in Indian country may also inspect the material with an
located in the state, and EPA notes that ■ 2. Section 52.1070 is amended by: EPA approval date prior to July 1, 2016
it will not impose substantial direct ■ a. Revising paragraph (b). for the State of Maryland at the National

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$24552 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations Archives and Records Administration to: http://www.archives.gov/federal- (NARA). For information on the register/cfr/ibr-locations.html. availability of this material at NARA, go (c) * * * EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP Code of Maryland Additional State effective Administrative Title/subject EPA approval date explanation/citation date Regulations (COMAR) citation at 40 CFR 52.1100 * * * * * * * 26.11.10 Control of Iron and Steel Production Installations * * * * * * * 26.11.10.03 ............................. Visible Emissions ................... 6/29/09 7/27/12, 77 FR 44146 ............ Revised paragraphs A. and D. of 26.11.10.03 for Sin- tering Plants. * * * * * * * 26.11.19 Volatile Organic Compounds From Specific Processes * * * * * * * 26.11.19.09–1 ......................... Control of VOC Emissions 4/19/10 2/22/11, 76 FR 9656 .............. New Regulation. from Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing.. * * * * * * * (d) * * * State effective Name of source Permit number/type EPA approval date Additional explanation date Potomac Electric Power Com- #49352 Amended Consent 7/26/78 12/6/79, 44 FR 70141 ............ 52.1100(c)(25). pany (PEPCO)—Dickerson. Order. * * * * * * * Northeast Maryland Waste Secretarial Order ................... 2/25/83 8/24/83, 48 FR 38465 ............ 52.1100(c)(70) (Shutdown of Disposal Authority and landfill for offsets). Wheelabrator-Frye, Inc. and the Mayor and City Council of Baltimore and BEDCO Development Corp. * * * * * * * GenOn Chalk Point Gener- The 2011 Consent Decree for 3/10/11 5/4/12, 77 FR 26438 .............. Docket No. 52.1070(d). The ating Station. Chalk Point. SIP approval includes spe- cific provisions of the 2011 Consent Decree for which the State of Maryland re- quested approval on Octo- ber 12, 2011. * * * * * [FR Doc. 2017–10915 Filed 5–26–17; 8:45 am] BILLING CODE 6560–50–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 17:28 May 26, 2017 Jkt 241001 PO 00000 Frm 00098 Fmt 4700 Sfmt 9990 E:\FR\FM\30MYR1.SGM 30MYR1$

Document Created: 2018-11-08 08:55:36
Document Modified: 2018-11-08 08:55:36

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; administrative change.
Dates		This action is effective May 30, 2017.
Contact		Sharon McCauley, (215) 814-3376, or by email at [email protected]
FR Citation		82 FR 24549
CFR Associated		Environmental 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