82_FR_28734 82 FR 28614 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permits, Approvals, and Registrations

82 FR 28614 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permits, Approvals, and Registrations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range28614-28616
FR Document2017-13189

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to Maryland's administrative procedures for the issuance, denial, and appeal of permits issued by the Maryland Department of the Environment (MDE). This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017)
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28614-28616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13189]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0576; FRL-9963-72-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Permits, Approvals, and Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision pertains to Maryland's administrative 
procedures for the issuance, denial, and appeal of permits issued by 
the Maryland Department of the Environment (MDE). This action is being 
taken under the Clean Air Act (CAA).

DATES:  Written comments must be received on or before July 24, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0576 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

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

SUPPLEMENTARY INFORMATION: On February 22, 2016, the State of Maryland 
through the MDE formally submitted amendments to Maryland's general 
administrative provisions related to CAA permitting as a revision to 
Maryland's SIP.

I. Background

    The CAA's New Source Review (NSR) programs are preconstruction 
review and permitting programs applicable to new and modified 
stationary sources of air pollutants regulated under the CAA. The NSR 
programs of the CAA include a combination of air quality planning and 
air pollution control technology program requirements. Briefly, section 
109 of the CAA requires EPA to promulgate primary national ambient air 
quality standards (NAAQS) to protect public health and secondary NAAQS 
to protect public welfare. Once EPA sets those standards, states must 
develop, adopt, and submit to EPA for approval a SIP that contains 
emissions limitations and other control measures to attain and maintain 
the NAAQS. Pursuant to section 110, each SIP is required to contain a 
preconstruction review program for the construction and modification of 
any stationary source of air pollution to assure that the NAAQS are 
achieved and maintained; to protect areas of clean air; to protect air 
quality-related values (such as visibility) in national parks and other 
areas; to assure that appropriate emissions controls are applied; to 
maximize opportunities for economic development consistent with the 
preservation of clean air resources; and, to ensure that any decision 
to increase air pollution is made only after full public consideration 
of the consequences of the decision. Section 172 of the CAA requires a 
permit program in areas which are not attaining the NAAQS, and section 
173 provides the specific requirements for that permit program.
    MDE's February 22, 2016 SIP submittal consists of revisions to 
regulations under section 26.11.02 (Permits, Approvals, and 
Registration) of the Code of Maryland Regulations (COMAR) which EPA has 
previously approved into the Maryland SIP. The purpose of the revisions 
is to incorporate amended state statutory requirements \1\ into the 
Maryland SIP. The revisions are related to MDE's administrative 
processes for permit issuance and denial. Specifically, the revisions 
eliminate the ``contested case'' process and the Office of 
Administrative Hearings' (OAH) adjudicatory hearing

[[Page 28615]]

process for major permits, and substitute direct judicial review. 
Additionally, the revisions expand standing for challenges to those 
major permits, and include additional public notice requirements for 
certain sources. The Maryland statutory requirements were incorporated 
into MDE's implementing regulations under COMAR 26.11.02 as described 
below, and submitted to EPA for approval into the Maryland SIP.
---------------------------------------------------------------------------

    \1\ See S.B. 1065, Acts of 2009; H.B. 554 and H.B. 95, Acts of 
2013.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    Maryland's SIP revision includes several amended administrative 
provisions under COMAR 26.11.02 (Permits, Approvals, and Registration). 
Specifically, 26.11.02.07 (Procedures for Denying, Revoking, or 
Reopening and Revising a Permit or Approval), 26.11.02.11 (Procedures 
for Obtaining Permits to Construct Certain Significant Sources), and 
26.11.02.12 (Procedures for Obtaining Approvals of PSD Sources and NSR 
Sources, Certain Permits to Construct, and Case-by-Case MACT 
Determinations in Accordance with 40 CFR part 63, subpart B) have been 
revised as follows.
    Under the currently approved SIP, COMAR 26.11.02.07, denials and 
approvals of permits to construct, State operating permits, and State-
only enforceable portions of title V operating permits are considered 
``final actions'' subject to judicial review if the permittee did not 
request a hearing before the OAH and MDE pursuant to the ``contested 
case process.'' In MDE's February 22, 2016 SIP submittal, MDE submitted 
for inclusion in the Maryland SIP a revised version of COMAR 
26.11.02.07 which provides for a separate process for denials of 
permits to construct. Under the revised 26.11.02.07, denials of permits 
to construct immediately constitute ``final determinations'' which are 
subject to direct judicial review (without requiring permittees to seek 
review through the OAH), pursuant to the revised procedures for major 
permits in the revised COMAR 26.11.02.11 described below.
    MDE's February 22, 2016 SIP submittal also includes a number of 
revisions MDE made to COMAR 26.11.02.11, which contains the procedures 
for processing permits to construct for ``significant'' sources. This 
section applies to modifications at sources: (a) For which a state 
operating permit is required; (b) which are subject to new source 
performance standards (NSPS) at 40 CFR part 60, national emission 
standards for hazardous air pollutants (NESHAPS) at 40 CFR part 61, or 
Prevention of Significant Deterioration (PSD) requirements at 40 CFR 
part 52.21; (c) which, after control, will discharge 25 tons per year 
or more of a pollutant regulated under Environment Article, Title 2, of 
the Annotated Code of Maryland; and (d) of lead which will discharge 5 
or more tons of elemental lead per year. See COMAR 26.11.02.11A(1,2). 
COMAR 26.11.02.11 was previously in the Maryland SIP. The revisions 
made include a minor change to the public participation processes for 
sources that trigger NSPS under 40 CFR part 60 but do not trigger NSR 
requirements, enhanced public notification provisions which require MDE 
to notify elected officials within a 1-mile radius of a source subject 
to the expanded public participation requirements of permit 
proceedings, eliminated the contested case process for significant 
permits, and instituted direct judicial review in circuit court for 
parties wishing to contest such permits. Additionally, MDE also 
included a revised version of COMAR 26.11.02.12 which included minor 
revisions, clarifying that Regulation .12 only applies to NSR and PSD 
permit approvals, case-by-case approvals pursuant to 40 CFR part 63 for 
air toxic sources, and permits to construct which are not subject to 
COMAR 26.11.02.11.
    EPA's review of MDE's February 22, 2016 SIP submittal finds it 
consistent with all applicable requirements of the CAA and its 
implementing regulations. The COMAR public notice requirements meet or 
exceed the requirements of 40 CFR 51.160 and 51.161. Additionally, the 
revisions are approvable under section 110 of the CAA (specifically 
section 110(a)(2)(A) and (C) and section 173 for NSR programs). Under 
section 110(a)(2)(C), the SIP must include a program to enforce the 
emission limits and control measures in a state's SIP (as required by 
section 110(a)(2)(A)) and must also contain a program to regulate 
modification/construction of sources so that the NAAQS are achieved. 
Section 173 requires the permits program for nonattainment NSR and 
requires states to have a SIP with a permit program that ensures 
sources are required to comply with certain things like stringent 
emission limitations (i.e., lowest achievable emission rates) and 
offsets. While having a permits program in the SIP that addresses 
denial or revocation of permits and addresses permit appeals does not 
address the required substance of a NSR program, these provisions do 
make the NSR program enforceable, and therefore EPA finds the SIP 
submission and revisions to COMAR 26.11.02 approvable under CAA 
sections 173 and 110(a)(2)(A) and (C). In addition, because none of the 
revisions to COMAR 26.11.02 will affect emissions of pollutants from 
sources and are largely administrative in nature, EPA finds that none 
of the revisions to COMAR 26.11.02 will interfere with reasonable 
further progress, any NAAQS, or any other applicable requirements in 
the CAA. Thus, EPA finds the submittal is approvable for section 110(l) 
of the CAA.

III. Proposed Action

    EPA is proposing to approve MDE's February 22, 2016 SIP submittal 
as a revision to the Maryland SIP as the SIP submittal meets 
requirements in the CAA under sections 110 and 173. EPA is soliciting 
public comments on the issues discussed in this document. These 
comments will be considered before taking final action.

IV. Incorporation by Reference

    In this proposed rulemaking, EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, EPA is proposing to 
incorporate by reference the MDE rules regarding permit issuance and 
denial as described in Section II of this preamble. EPA has made, and 
will continue to make, these materials generally available through 
https://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).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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.);

[[Page 28616]]

     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, related to Maryland's 
administrative processes for preconstruction permitting, does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 2, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-13189 Filed 6-22-17; 8:45 am]
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                                                      28614                     Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Proposed Rules

                                                         • Does not impose an information                     ENVIRONMENTAL PROTECTION                               SUPPLEMENTARY INFORMATION:    On
                                                      collection burden under the provisions                  AGENCY                                                 February 22, 2016, the State of
                                                      of the Paperwork Reduction Act (44                                                                             Maryland through the MDE formally
                                                      U.S.C. 3501 et seq.);                                   40 CFR Part 52                                         submitted amendments to Maryland’s
                                                         • Is certified as not having a                       [EPA–R03–OAR–2016–0576; FRL–9963–72–                   general administrative provisions
                                                      significant economic impact on a                        Region 3]                                              related to CAA permitting as a revision
                                                      substantial number of small entities                                                                           to Maryland’s SIP.
                                                      under the Regulatory Flexibility Act (5                 Approval and Promulgation of Air                       I. Background
                                                      U.S.C. 601 et seq.);                                    Quality Implementation Plans;
                                                                                                              Maryland; Permits, Approvals, and                         The CAA’s New Source Review (NSR)
                                                         • Does not contain any unfunded                                                                             programs are preconstruction review
                                                      mandate or significantly or uniquely                    Registrations
                                                                                                                                                                     and permitting programs applicable to
                                                      affect small governments, as described                  AGENCY:  Environmental Protection                      new and modified stationary sources of
                                                      in the Unfunded Mandates Reform Act                     Agency (EPA).                                          air pollutants regulated under the CAA.
                                                      of 1995 (Pub. L. 104–4);                                ACTION: Proposed rule.                                 The NSR programs of the CAA include
                                                         • Does not have Federalism                                                                                  a combination of air quality planning
                                                      implications as specified in Executive                  SUMMARY:   The Environmental Protection                and air pollution control technology
                                                      Order 13132 (64 FR 43255, August 10,                    Agency (EPA) is proposing to approve a                 program requirements. Briefly, section
                                                      1999);                                                  state implementation plan (SIP) revision               109 of the CAA requires EPA to
                                                         • is not an economically significant                 submitted by the State of Maryland.                    promulgate primary national ambient
                                                      regulatory action based on health or                    This revision pertains to Maryland’s                   air quality standards (NAAQS) to
                                                      safety risks subject to Executive Order                 administrative procedures for the                      protect public health and secondary
                                                      13045 (62 FR 19885, April 23, 1997);                    issuance, denial, and appeal of permits                NAAQS to protect public welfare. Once
                                                                                                              issued by the Maryland Department of                   EPA sets those standards, states must
                                                         • Is not a significant regulatory action
                                                                                                              the Environment (MDE). This action is                  develop, adopt, and submit to EPA for
                                                      subject to Executive Order 13211 (66 FR
                                                                                                              being taken under the Clean Air Act                    approval a SIP that contains emissions
                                                      28355, May 22, 2001);
                                                                                                              (CAA).                                                 limitations and other control measures
                                                         • Is not subject to requirements of                                                                         to attain and maintain the NAAQS.
                                                      section 12(d) of the National                           DATES:  Written comments must be
                                                                                                              received on or before July 24, 2017.                   Pursuant to section 110, each SIP is
                                                      Technology Transfer and Advancement                                                                            required to contain a preconstruction
                                                      Act of 1995 (15 U.S.C. 272 note) because                ADDRESSES: Submit your comments,
                                                                                                                                                                     review program for the construction and
                                                      application of those requirements would                 identified by Docket ID No. EPA–R03–
                                                                                                                                                                     modification of any stationary source of
                                                      be inconsistent with the Clean Air Act;                 OAR–2016–0576 at https://
                                                                                                                                                                     air pollution to assure that the NAAQS
                                                      and                                                     www.regulations.gov, or via email to
                                                                                                                                                                     are achieved and maintained; to protect
                                                         • Does not provide EPA with the                      miller.linda@epa.gov. For comments
                                                                                                                                                                     areas of clean air; to protect air quality-
                                                      discretionary authority to address, as                  submitted at Regulations.gov, follow the
                                                                                                                                                                     related values (such as visibility) in
                                                      appropriate, disproportionate human                     online instructions for submitting
                                                                                                                                                                     national parks and other areas; to assure
                                                      health or environmental effects, using                  comments. Once submitted, comments
                                                                                                                                                                     that appropriate emissions controls are
                                                      practicable and legally permissible                     cannot be edited or removed from
                                                                                                                                                                     applied; to maximize opportunities for
                                                      methods, under Executive Order 12898                    Regulations.gov. For either manner of
                                                                                                                                                                     economic development consistent with
                                                      (59 FR 7629, February 16, 1994).                        submission, EPA may publish any
                                                                                                                                                                     the preservation of clean air resources;
                                                                                                              comment received to its public docket.
                                                      In addition, the SIP is not approved to                                                                        and, to ensure that any decision to
                                                                                                              Do not submit electronically any
                                                      apply on any Indian reservation land or                                                                        increase air pollution is made only after
                                                                                                              information you consider to be
                                                      in any other area where EPA or an                                                                              full public consideration of the
                                                                                                              confidential business information (CBI)
                                                      Indian tribe has demonstrated that a                                                                           consequences of the decision. Section
                                                                                                              or other information whose disclosure is
                                                      tribe has jurisdiction. In those areas of                                                                      172 of the CAA requires a permit
                                                                                                              restricted by statute. Multimedia
                                                      Indian country, the rule does not have                                                                         program in areas which are not attaining
                                                                                                              submissions (audio, video, etc.) must be
                                                      tribal implications and will not impose                                                                        the NAAQS, and section 173 provides
                                                                                                              accompanied by a written comment.
                                                      substantial direct costs on tribal                                                                             the specific requirements for that permit
                                                                                                              The written comment is considered the
                                                      governments or preempt tribal law as                                                                           program.
                                                                                                              official comment and should include                       MDE’s February 22, 2016 SIP
                                                      specified by Executive Order 13175 (65
                                                                                                              discussion of all points you wish to                   submittal consists of revisions to
                                                      FR 67249, November 9, 2000).
                                                                                                              make. EPA will generally not consider                  regulations under section 26.11.02
                                                      List of Subjects in 40 CFR Part 52                      comments or comment contents located                   (Permits, Approvals, and Registration)
                                                                                                              outside of the primary submission (i.e.                of the Code of Maryland Regulations
                                                        Environmental protection, Air                         on the web, cloud, or other file sharing
                                                      pollution control, Carbon monoxide,                                                                            (COMAR) which EPA has previously
                                                                                                              system). For additional submission                     approved into the Maryland SIP. The
                                                      Incorporation by reference,                             methods, please contact the person
                                                      Intergovernmental relations, Lead,                                                                             purpose of the revisions is to
                                                                                                              identified in the FOR FURTHER                          incorporate amended state statutory
                                                      Nitrogen dioxide, Ozone, Particulate                    INFORMATION CONTACT section. For the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      matter, Reporting and recordkeeping                                                                            requirements 1 into the Maryland SIP.
                                                                                                              full EPA public comment policy,                        The revisions are related to MDE’s
                                                      requirements, Sulfur oxides, Volatile                   information about CBI or multimedia
                                                      organic compounds.                                                                                             administrative processes for permit
                                                                                                              submissions, and general guidance on                   issuance and denial. Specifically, the
                                                        Dated: June 5, 2017.                                  making effective comments, please visit                revisions eliminate the ‘‘contested case’’
                                                      Deborah A. Szaro,                                       https://www2.epa.gov/dockets/                          process and the Office of Administrative
                                                      Acting Regional Administrator, EPA New                  commenting-epa-dockets.                                Hearings’ (OAH) adjudicatory hearing
                                                      England.                                                FOR FURTHER INFORMATION CONTACT:
                                                      [FR Doc. 2017–13059 Filed 6–22–17; 8:45 am]             David Talley, (215) 814–2117, or by                      1 See S.B. 1065, Acts of 2009; H.B. 554 and H.B.

                                                      BILLING CODE 6560–50–P                                  email at talley.david@epa.gov.                         95, Acts of 2013.



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                                                                                Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Proposed Rules                                          28615

                                                      process for major permits, and                          61, or Prevention of Significant                       approvable under CAA sections 173 and
                                                      substitute direct judicial review.                      Deterioration (PSD) requirements at 40                 110(a)(2)(A) and (C). In addition,
                                                      Additionally, the revisions expand                      CFR part 52.21; (c) which, after control,              because none of the revisions to
                                                      standing for challenges to those major                  will discharge 25 tons per year or more                COMAR 26.11.02 will affect emissions
                                                      permits, and include additional public                  of a pollutant regulated under                         of pollutants from sources and are
                                                      notice requirements for certain sources.                Environment Article, Title 2, of the                   largely administrative in nature, EPA
                                                      The Maryland statutory requirements                     Annotated Code of Maryland; and (d) of                 finds that none of the revisions to
                                                      were incorporated into MDE’s                            lead which will discharge 5 or more                    COMAR 26.11.02 will interfere with
                                                      implementing regulations under                          tons of elemental lead per year. See                   reasonable further progress, any
                                                      COMAR 26.11.02 as described below,                      COMAR 26.11.02.11A(1,2). COMAR                         NAAQS, or any other applicable
                                                      and submitted to EPA for approval into                  26.11.02.11 was previously in the                      requirements in the CAA. Thus, EPA
                                                      the Maryland SIP.                                       Maryland SIP. The revisions made                       finds the submittal is approvable for
                                                      II. Summary of SIP Revision and EPA                     include a minor change to the public                   section 110(l) of the CAA.
                                                      Analysis                                                participation processes for sources that               III. Proposed Action
                                                                                                              trigger NSPS under 40 CFR part 60 but
                                                         Maryland’s SIP revision includes                     do not trigger NSR requirements,                          EPA is proposing to approve MDE’s
                                                      several amended administrative                          enhanced public notification provisions                February 22, 2016 SIP submittal as a
                                                      provisions under COMAR 26.11.02                         which require MDE to notify elected                    revision to the Maryland SIP as the SIP
                                                      (Permits, Approvals, and Registration).                 officials within a 1-mile radius of a                  submittal meets requirements in the
                                                      Specifically, 26.11.02.07 (Procedures for               source subject to the expanded public                  CAA under sections 110 and 173. EPA
                                                      Denying, Revoking, or Reopening and                     participation requirements of permit                   is soliciting public comments on the
                                                      Revising a Permit or Approval),                         proceedings, eliminated the contested                  issues discussed in this document.
                                                      26.11.02.11 (Procedures for Obtaining                   case process for significant permits, and              These comments will be considered
                                                      Permits to Construct Certain Significant                instituted direct judicial review in                   before taking final action.
                                                      Sources), and 26.11.02.12 (Procedures                   circuit court for parties wishing to
                                                      for Obtaining Approvals of PSD Sources                                                                         IV. Incorporation by Reference
                                                                                                              contest such permits. Additionally,
                                                      and NSR Sources, Certain Permits to                     MDE also included a revised version of                   In this proposed rulemaking, EPA is
                                                      Construct, and Case-by-Case MACT                        COMAR 26.11.02.12 which included                       proposing to include in a final EPA rule
                                                      Determinations in Accordance with 40                    minor revisions, clarifying that                       regulatory text that includes
                                                      CFR part 63, subpart B) have been                                                                              incorporation by reference. In
                                                                                                              Regulation .12 only applies to NSR and
                                                      revised as follows.                                                                                            accordance with requirements of 1 CFR
                                                                                                              PSD permit approvals, case-by-case
                                                         Under the currently approved SIP,                                                                           51.5, EPA is proposing to incorporate by
                                                      COMAR 26.11.02.07, denials and                          approvals pursuant to 40 CFR part 63
                                                                                                              for air toxic sources, and permits to                  reference the MDE rules regarding
                                                      approvals of permits to construct, State                                                                       permit issuance and denial as described
                                                      operating permits, and State-only                       construct which are not subject to
                                                                                                              COMAR 26.11.02.11.                                     in Section II of this preamble. EPA has
                                                      enforceable portions of title V operating                                                                      made, and will continue to make, these
                                                      permits are considered ‘‘final actions’’                   EPA’s review of MDE’s February 22,                  materials generally available through
                                                      subject to judicial review if the                       2016 SIP submittal finds it consistent                 https://www.regulations.gov and/or at
                                                      permittee did not request a hearing                     with all applicable requirements of the                the EPA Region III Office (please contact
                                                      before the OAH and MDE pursuant to                      CAA and its implementing regulations.                  the person identified in the FOR FURTHER
                                                      the ‘‘contested case process.’’ In MDE’s                The COMAR public notice requirements                   INFORMATION CONTACT section of this
                                                      February 22, 2016 SIP submittal, MDE                    meet or exceed the requirements of 40                  preamble for more information).
                                                      submitted for inclusion in the Maryland                 CFR 51.160 and 51.161. Additionally,
                                                      SIP a revised version of COMAR                          the revisions are approvable under                     V. Statutory and Executive Order
                                                      26.11.02.07 which provides for a                        section 110 of the CAA (specifically                   Reviews
                                                      separate process for denials of permits                 section 110(a)(2)(A) and (C) and section                 Under the CAA, the Administrator is
                                                      to construct. Under the revised                         173 for NSR programs). Under section                   required to approve a SIP submission
                                                      26.11.02.07, denials of permits to                      110(a)(2)(C), the SIP must include a                   that complies with the provisions of the
                                                      construct immediately constitute ‘‘final                program to enforce the emission limits                 CAA and applicable federal regulations.
                                                      determinations’’ which are subject to                   and control measures in a state’s SIP (as              42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                      direct judicial review (without requiring               required by section 110(a)(2)(A)) and                  Thus, in reviewing SIP submissions,
                                                      permittees to seek review through the                   must also contain a program to regulate                EPA’s role is to approve state choices,
                                                      OAH), pursuant to the revised                           modification/construction of sources so                provided that they meet the criteria of
                                                      procedures for major permits in the                     that the NAAQS are achieved. Section                   the CAA. Accordingly, this action
                                                      revised COMAR 26.11.02.11 described                     173 requires the permits program for                   merely approves state law as meeting
                                                      below.                                                  nonattainment NSR and requires states                  federal requirements and does not
                                                         MDE’s February 22, 2016 SIP                          to have a SIP with a permit program that               impose additional requirements beyond
                                                      submittal also includes a number of                     ensures sources are required to comply                 those imposed by state law. For that
                                                      revisions MDE made to COMAR                             with certain things like stringent                     reason, this proposed action:
                                                      26.11.02.11, which contains the                         emission limitations (i.e., lowest                       • Is not a ‘‘significant regulatory
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      procedures for processing permits to                    achievable emission rates) and offsets.                action’’ subject to review by the Office
                                                      construct for ‘‘significant’’ sources. This             While having a permits program in the                  of Management and Budget under
                                                      section applies to modifications at                     SIP that addresses denial or revocation                Executive Orders 12866 (58 FR 51735,
                                                      sources: (a) For which a state operating                of permits and addresses permit appeals                October 4, 1993) and 13563 (76 FR 3821,
                                                      permit is required; (b) which are subject               does not address the required substance                January 21, 2011);
                                                      to new source performance standards                     of a NSR program, these provisions do                    • does not impose an information
                                                      (NSPS) at 40 CFR part 60, national                      make the NSR program enforceable, and                  collection burden under the provisions
                                                      emission standards for hazardous air                    therefore EPA finds the SIP submission                 of the Paperwork Reduction Act (44
                                                      pollutants (NESHAPS) at 40 CFR part                     and revisions to COMAR 26.11.02                        U.S.C. 3501 et seq.);


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                                                      28616                     Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Proposed Rules

                                                         • is certified as not having a                       ENVIRONMENTAL PROTECTION                               FOR FURTHER INFORMATION CONTACT:   Mr.
                                                      significant economic impact on a                        AGENCY                                                 Brian Storey, Sector Policies and
                                                      substantial number of small entities                                                                           Programs Division (D243–04), Office of
                                                      under the Regulatory Flexibility Act (5                 40 CFR Part 63                                         Air Quality Planning and Standards,
                                                      U.S.C. 601 et seq.);                                    [EPA–HQ–OAR–2016–0442; FRL–9964–13–                    U.S. Environmental Protection Agency,
                                                         • does not contain any unfunded                      OAR]                                                   Research Triangle Park, North Carolina,
                                                                                                                                                                     27711; telephone number: (919) 541–
                                                      mandate or significantly or uniquely                    RIN 2060–AT57                                          1103; fax number: (919) 541–5450; and
                                                      affect small governments, as described
                                                                                                              National Emission Standards for                        email address: storey.brian@epa.gov.
                                                      in the Unfunded Mandates Reform Act
                                                      of 1995 (Pub. L. 104–4);                                Hazardous Air Pollutants From the                      SUPPLEMENTARY INFORMATION:
                                                                                                              Portland Cement Manufacturing
                                                         • does not have federalism                                                                                  I. Why is the EPA issuing this proposed
                                                                                                              Industry: Alternative Monitoring
                                                      implications as specified in Executive                                                                         rule?
                                                                                                              Method
                                                      Order 13132 (64 FR 43255, August 10,
                                                      1999);                                                  AGENCY:  Environmental Protection                         This document proposes to take
                                                                                                              Agency (EPA).                                          action on amendments to the National
                                                         • is not an economically significant
                                                                                                              ACTION: Proposed rule.                                 Emission Standards for Hazardous
                                                      regulatory action based on health or
                                                                                                                                                                     Pollutants From the Portland Cement
                                                      safety risks subject to Executive Order                 SUMMARY:    The Environmental Protection               Manufacturing Industry. We have
                                                      13045 (62 FR 19885, April 23, 1997);                    Agency (EPA) is proposing to amend the                 published a direct final rule to amend
                                                         • is not a significant regulatory action             National Emission Standards for                        40 CFR part 63, subpart LLL, by revising
                                                      subject to Executive Order 13211 (66 FR                 Hazardous Air Pollutants From the                      the testing and monitoring requirements
                                                      28355, May 22, 2001);                                   Portland Cement Manufacturing                          for HCl in the ‘‘Rules and Regulations’’
                                                         • is not subject to requirements of                  Industry. In the ‘‘Rules and                           section of this issue of the Federal
                                                      Section 12(d) of the National                           Regulations’’ section of this issue of the             Register because we view this as a
                                                      Technology Transfer and Advancement                     Federal Register, we are publishing a                  noncontroversial action and anticipate
                                                                                                              direct final rule, without a prior                     no adverse comment. We have
                                                      Act of 1995 (15 U.S.C. 272 note) because
                                                                                                              proposed rule, that temporarily revises                explained our reasons for this action in
                                                      application of those requirements would
                                                                                                              the testing and monitoring requirements                the preamble to the direct final rule.
                                                      be inconsistent with the CAA; and                       for hydrochloric acid (HCl) due to the                    If we receive no adverse comment, we
                                                         • does not provide EPA with the                      current unavailability of HCl calibration              will not take further action on this
                                                      discretionary authority to address, as                  gases used for quality assurance                       proposed rule. If we receive adverse
                                                      appropriate, disproportionate human                     purposes. If we receive no adverse                     comment on a distinct portion of the
                                                      health or environmental effects, using                  comment, we will not take further                      direct final rule, we will withdraw that
                                                      practicable and legally permissible                     action on this proposed rule.                          portion of the rule and it will not take
                                                      methods, under Executive Order 12898                    DATES: Written comments must be                        effect. In this instance, we would
                                                      (59 FR 7629, February 16, 1994).                        received by July 3, 2017.                              address all public comments in any
                                                         In addition, this proposed rule,                     ADDRESSES: Submit your comments,                       subsequent final rule based on this
                                                      related to Maryland’s administrative                    identified by Docket ID No. EPA–HQ–                    proposed rule.
                                                      processes for preconstruction                           OAR–2016–0442, at http://                                 If we receive adverse comment on a
                                                      permitting, does not have tribal                        www.regulations.gov. Follow the online                 distinct provision of the direct final
                                                      implications as specified by Executive                  instructions for submitting comments.                  rule, we will publish a timely
                                                      Order 13175 (65 FR 67249, November 9,                   Once submitted, comments cannot be                     withdrawal in the Federal Register
                                                      2000), because the SIP is not approved                  edited or removed from Regulations.gov.                indicating which provisions we are
                                                      to apply in Indian country located in the               The EPA may publish any comment                        withdrawing. The provisions that are
                                                                                                              received to its public docket. Do not                  not withdrawn will become effective on
                                                      state, and EPA notes that it will not
                                                                                                              submit electronically any information                  the date set out in the direct final rule,
                                                      impose substantial direct costs on tribal
                                                                                                              you consider to be Confidential                        notwithstanding adverse comment on
                                                      governments or preempt tribal law.
                                                                                                              Business Information (CBI) or other                    any other provision. We do not intend
                                                      List of Subjects in 40 CFR Part 52                      information whose disclosure is                        to institute a second comment period on
                                                                                                              restricted by statute. Multimedia                      this action. Any parties interested in
                                                        Environmental protection, Air                         submissions (audio, video, etc.) must be               commenting must do so at this time.
                                                      pollution control, Carbon monoxide,                     accompanied by a written comment.
                                                      Incorporation by reference,                             The written comment is considered the                     The regulatory text for this proposal is
                                                      Intergovernmental relations, Lead,                      official comment and should include                    identical to that for the direct final rule
                                                      Nitrogen dioxide, Ozone, Particulate                    discussion of all points you wish to                   published in the ‘‘Rules and
                                                      matter, Reporting and recordkeeping                     make. The EPA will generally not                       Regulations’’ section of this issue of the
                                                      requirements, Sulfur oxides, Volatile                   consider comments or comment                           Federal Register. For further
                                                                                                              contents located outside of the primary                supplementary information, the detailed
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      organic compounds.
                                                                                                              submission (i.e., on the Web, cloud, or                rationale for this proposal and the
                                                         Authority: 42 U.S.C. 7401 et seq.                                                                           regulatory revisions, see the direct final
                                                                                                              other file sharing system). For
                                                        Dated: June 2, 2017.                                  additional submission methods, the full                rule published in the ‘‘Rules and
                                                      Cecil Rodrigues,                                        EPA public comment policy,                             Regulations’’ section of this issue of the
                                                                                                              information about CBI or multimedia                    Federal Register.
                                                      Acting Regional Administrator, Region III.
                                                      [FR Doc. 2017–13189 Filed 6–22–17; 8:45 am]             submissions, and general guidance on                   II. Does this action apply to me?
                                                                                                              making effective comments, please visit
                                                      BILLING CODE 6560–50–P
                                                                                                              http://www2.epa.gov/dockets/                             Categories and entities potentially
                                                                                                              commenting-epa-dockets.                                regulated by this proposed rule include:


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Document Created: 2017-06-23 03:37:17
Document Modified: 2017-06-23 03:37:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before July 24, 2017.
ContactDavid Talley, (215) 814-2117, or by email at [email protected]
FR Citation82 FR 28614 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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