82 FR 35101 - Air Plan Approval; Kentucky; Revisions to Louisville; Definitions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 144 (July 28, 2017)
Federal Register Volume 82, Issue 144 (July 28, 2017)
| Page Range | 35101-35104 | |
| FR Document | 2017-15740 |
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)] [Rules and Regulations] [Pages 35101-35104] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15740] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0365; FRL-9965-30-Region 4] Air Plan Approval; Kentucky; Revisions to Louisville; Definitions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: On August 29, 2012, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted changes to the Kentucky State Implementation Plan (SIP) on behalf of the Louisville Metro Air Pollution Control District (District). The Environmental Protection Agency (EPA) is taking direct final action to approve a portion of the submission that modifies the District's air quality regulations as incorporated into the SIP. Specifically, the revision pertains to definitional changes, including the modification of the definition of ``volatile organic compounds'' (VOCs). EPA is taking direct final action to approve this portion of the SIP revision because the Commonwealth has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act). EPA will act on the other portion of KDAQ's August 29, 2012, submittal in a separate action. DATES: This direct final rule is effective September 26, 2017 without further notice, unless EPA receives adverse comment by August 28, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0365 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In this rulemaking, EPA is proposing to approve a portion of the changes to the Louisville Metro air quality regulations in the Kentucky SIP, submitted by the Commonwealth on August 29, 2012. The submission revises Louisville Metro Regulation 1.02--Definitions and Regulation 2.03--Permit Requirements: Non-Title V Construction and Operating Permits and Demolition/Renovation Notices and Permit Requirements. This rulemaking only pertains to Regulation 1.02, which adds, removes, and modifies several definitions and titles in the SIP, [[Page 35102]] including the modification of the definition of VOCs. EPA is not taking action on the proposed changes to Regulation 2.03 at this time. As it relates to the modification of the definition of VOCs, SIPs contain compounds of carbon that need not be regulated to reduce ozone. See 42 FR 35314, July 8, 1977. Tropospheric ozone, commonly known as smog, occurs when VOCs and nitrogen oxides (NOx) react in the atmosphere. Because of the harmful health effects of ozone, EPA limits the amount of VOCs and NOx that can be released into the atmosphere. VOCs are those compounds of carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate) that form ozone through atmospheric photochemical reactions. Compounds of carbon (or organic compounds) have different levels of reactivity; they do not react at the same speed, or do not form ozone to the same extent. EPA determines whether a given carbon compound has ``negligible'' reactivity by comparing the compound's reactivity to the reactivity of ethane. EPA lists these compounds in its regulations at 40 CFR 51.100(s) and excludes them from the definition of VOC. The chemicals on this list are often called ``negligibly reactive.'' EPA may periodically revise the list of negligibly reactive compounds to add or delete compounds. On November 29, 2004, January 18, 2007, and January 21, 2009, EPA issued final rules revising the definition of VOCs to add new negligibly reactive compounds and make nomenclature clarifications to previously-exempted compounds. The compounds that are being modified in this SIP revision are 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n- C3 F7OCH3 ) (known as HFE-7000), methyl formate (HCOOCH3 ), 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4 F9 OCH3 ) (known as HFE-7100), and 1- ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4 F9 OC2 H5 ) (known as HFE- 7200).\1\ The Commonwealth's August 29, 2012, SIP revision modifies these compounds by adding the nomenclature clarifications in its SIP- approved definition of VOCs. --------------------------------------------------------------------------- \1\ In EPA's November 29, 2004, final rulemaking, the Agency adds 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n- C3 F7OCH3 ) (known as HFE-7000) and methyl formate (HCOOCH3 ) to the list of excluded compounds from the definition of VOCs. In the same rulemaking, EPA makes nomenclature clarifications to the previously-exempted compounds 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy- butane (C4 F9 OCH3 ) (known as HFE-7100) and 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4 F9 OC2 H5 ) (known as HFE-7200). See 69 FR 69290. The Commonwealth's SIP currently contains these compounds. --------------------------------------------------------------------------- The compounds that are being added to the list of negligibly reactive compounds in this SIP revision are methoxy-4-trifluoromethyl- pentane (also known as HFE-7300) or C2 F5 CF(OCH3 )CF(CF3 )2 ,\2\ dimethyl carbonate, and propylene carbonate.\3\ HFE-7300 has a variety of potential uses including heat transfer fluids in heat transfer processes and as a substitute for ozone depleting substances and substances with high global warming potential. Because HFEs do not contain chlorine or bromine, these compounds do not contribute to the depletion of the ozone layer and have ozone depletion potential values of zero. Dimethyl carbonate may be used as a solvent in paints and coatings. Propylene carbonate has been used in cosmetics as an adhesive component in food packaging and as a solvent for aerial pesticide application. In the past, EPA has considered three different metrics to compare the reactivity of a specific compound to that of ethane: (i) The reaction rate constant with the hydroxyl radical (known as kOH ), (ii) maximum incremental reactivities (MIR) expressed on a reactivity per gram (mass) basis, and (iii) MIR expressed on a reactivity per mole basis. When compared to ethane, both dimethyl carbonate and propylene carbonate were added to the list of exempt compounds and deemed negligibly reactive since they are equal to or less reactive than ethane on a mass basis. As a result of this determination, the Commonwealth is updating the Louisville Metro portion of its SIP to be consistent with Federal regulations. --------------------------------------------------------------------------- \2\ In EPA's January 18, 2007, final rulemaking, the Agency adds methoxy-4-trifluoromethyl-pentane (also known as HFE-7300) or C2 F5 CF(OCH3 )CF(CF3 )2 to the list of excluded compounds from the definition of VOCs. See 72 FR 2193. \3\ In EPA's January 21, 2009, final rulemaking, the Agency adds dimethyl carbonate and propylene carbonate to the list of excluded compounds from the definition of VOCs. See 74 FR 3441. --------------------------------------------------------------------------- II. EPA's Analysis of Kentucky's SIP Revision The August 29, 2012, SIP submission revises Regulation 1.02 by adding, removing, and modifying definitions and titles within the SIP. Specifically, all instances of ``Jefferson County'' have been replaced with ``Louisville Metro'' due to the merger of the City of Louisville and Jefferson County governments. The proposed SIP submission also makes changes to the definition of ``Cabinet'' to reflect the name change of the Cabinet of the Commonwealth of Kentucky. The remainder of the changes to Regulation 1.02 consist of updates to the definitions to make them consistent with definitions used by EPA, specifically the modifications and additions to exemptions from the definition of VOCs. The changes also include renumbering the entire regulation as a result of the removal of the terms ``cancer,'' ``carcinogen,'' ``chronic noncancer effect,'' ``toxic air contaminant,'' and ``toxic air pollutant.'' The terms ``cancer,'' ``carcinogen,'' ``chronic noncancer effect,'' ``toxic air contaminant,'' and ``toxic air pollutant'' while deleted from Regulation 1.02, have been moved to Regulation 5.00. In this action, EPA is approving the renumbering of this regulation because these terms have been moved. Modifications are also being made to the term ``acute noncancer effect.'' EPA is not approving changes to the term ``acute noncancer effect'' because EPA only approves terms that relate to the attainment and maintenance of the national ambient air quality standards. EPA believes that these proposed changes to the regulatory portion of the SIP are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. With respect to the District's addition of exemptions from the definition of VOCs, the change is approvable under section 110(l) because it reflects changes to Federal regulations based on findings that the exempted compounds are negligibly reactive. With respect to the District's renumbering and wording changes, the changes are approvable under section 110(l) because they are ministerial in nature. III. 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 Louisville Metro Regulation 1.02--Definitions (except for the change to the term ``acute noncancer effect''), effective June 15, 2011, changes to definitions. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, 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 [[Page 35103]] 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.\4\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information) --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is taking direct final action to approve portions of Kentucky's August 29, 2012 submission submitted by the Commonwealth of Kentucky through KDAQ on behalf of the District. The submission revises Louisville Metro Regulation 1.02--Definitions, except for the changes to the definition ``Acute noncancer effect.'' EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 26, 2017 without further notice unless the Agency receives adverse comments by August 28, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 26, 2017 and no further action will be taken on the proposed rule. 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 Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 26, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Sulfur dioxide, Reporting and recordkeeping requirements. Dated: July 11, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 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 S--Kentucky 0 2. Section 52.920(c), is amended under Table 2--EPA-Approved Jefferson County Regulations for Kentucky, Reg 1--General Provisions, by revising the entry for ``1.02'' to read as follows: [[Page 35104]] Sec. 52.920 Identification of plan. * * * * * (c) * * * Table 2--EPA-Approved Jefferson County Regulations for Kentucky ---------------------------------------------------------------------------------------------------------------- EPA approval Federal District Reg Title/subject date Register notice effective date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1.02......................... Definitions.... 7/28/2017 [Insert 6/15/2011 Changes to citation of Definitions publication]. with the exception of the term ``acute noncancer effect.'' * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-15740 Filed 7-27-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations 35101
U.S.C. 4321–4370f), and have permitted by the Captain of the Port DATES: This direct final rule is effective
determined that it is one of a category Buffalo or his designated on-scene September 26, 2017 without further
of actions that do not individually or representative. notice, unless EPA receives adverse
cumulatively have a significant effect on (3) The ‘‘on-scene representative’’ of comment by August 28, 2017. If adverse
the human environment. This rule the Captain of the Port Buffalo is any comment is received, EPA will publish
establishes a temporary safety zone. It is Coast Guard commissioned, warrant or a timely withdrawal of the direct final
categorically excluded under section petty officer who has been designated rule in the Federal Register and inform
2.B.2, figure 2–1, paragraph 34(g) of the by the Captain of the Port Buffalo to act the public that the rule will not take
Instruction, which pertains to on his behalf. effect.
establishment of safety zones. A Record (4) Vessel operators desiring to enter ADDRESSES: Submit your comments,
of Environmental Consideration (REC) or operate within the safety zone must identified by Docket ID No. EPA–R04–
supporting this determination is contact the Captain of the Port Buffalo OAR–2017–0365 at http://
available in the docket where indicated or his on-scene representative to obtain www.regulations.gov. Follow the online
in the ADDRESSES section of this permission to do so. The Captain of the instructions for submitting comments.
preamble. Port Buffalo or his on-scene Once submitted, comments cannot be
representative may be contacted via edited or removed from Regulations.gov.
G. Protest Activities
VHF Channel 16. Vessel operators given EPA may publish any comment received
The Coast Guard respects the First permission to enter or operate in the to its public docket. Do not submit
Amendment rights of protesters. safety zone must comply with all electronically any information you
Protesters are asked to contact the directions given to them by the Captain consider to be Confidential Business
person listed in the FOR FURTHER of the Port Buffalo, or his on-scene Information (CBI) or other information
INFORMATION CONTACT section to representative. whose disclosure is restricted by statute.
coordinate protest activities so that your Dated: July 25, 2017. Multimedia submissions (audio, video,
message can be received without etc.) must be accompanied by a written
Joseph S. Dufresne,
jeopardizing the safety or security of comment. The written comment is
people, places or vessels. Captain, U.S. Coast Guard, Captain of the
Port Buffalo. considered the official comment and
List of Subjects in 33 CFR Part 165 [FR Doc. 2017–15973 Filed 7–27–17; 8:45 am] should include discussion of all points
you wish to make. EPA will generally
Harbors, Marine safety, Navigation BILLING CODE 9110–04–P
not consider comments or comment
(water), Reporting and recordkeeping contents located outside of the primary
requirements, Security measures, submission (i.e. on the web, cloud, or
Waterways. ENVIRONMENTAL PROTECTION other file sharing system). For
For the reasons discussed in the AGENCY additional submission methods, the full
preamble, the Coast Guard amends 33 EPA public comment policy,
CFR part 165 as follows: 40 CFR Part 52
information about CBI or multimedia
[EPA–R04–OAR–2017–0365; FRL–9965–30– submissions, and general guidance on
PART 165—REGULATED NAVIGATION Region 4] making effective comments, please visit
AREAS AND LIMITED ACCESS AREAS http://www2.epa.gov/dockets/
Air Plan Approval; Kentucky;
■ 1. The authority citation for part 165 commenting-epa-dockets.
Revisions to Louisville; Definitions
continues to read as follows: FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Nacosta C. Ward, Air Regulatory
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Agency (EPA). Management Section, Air Planning and
Department of Homeland Security Delegation ACTION: Direct final rule. Implementation Branch, Air, Pesticides
No. 0170.1. and Toxics Management Division, U.S.
SUMMARY: On August 29, 2012, the Environmental Protection Agency,
■ 2. Add § 165.T09–0714 to read as
Commonwealth of Kentucky, through Region 4, 61 Forsyth Street SW.,
follows:
the Kentucky Division for Air Quality Atlanta, Georgia 30303–8960. The
§ 165.T09–0714 Safety Zone; Ogdensburg (KDAQ), submitted changes to the telephone number is (404) 562–9140.
Seaway Summer Festival, Saint Lawrence Kentucky State Implementation Plan Ms. Ward can be reached via electronic
River, Ogdensburg, NY. (SIP) on behalf of the Louisville Metro mail at ward.nacosta@epa.gov.
(a) Location. The safety zone will Air Pollution Control District (District). SUPPLEMENTARY INFORMATION:
encompass all waters of the Saint The Environmental Protection Agency
Lawrence River; Ogdensburg, NY (EPA) is taking direct final action to I. Background
contained within a 420-foot radius of: approve a portion of the submission that In this rulemaking, EPA is proposing
44°42′04.4″ N., 075°29′41.3″ W. (NAD modifies the District’s air quality to approve a portion of the changes to
83). regulations as incorporated into the SIP. the Louisville Metro air quality
(b) Enforcement period. This Specifically, the revision pertains to regulations in the Kentucky SIP,
regulation will be enforced on July 28, definitional changes, including the submitted by the Commonwealth on
2017 from 9:45 p.m. until 10:45 p.m. modification of the definition of August 29, 2012. The submission
(c) Regulations. (1) In accordance with ‘‘volatile organic compounds’’ (VOCs). revises Louisville Metro Regulation
asabaliauskas on DSKBBXCHB2PROD with RULES
the general regulations in § 165.23, entry EPA is taking direct final action to 1.02—Definitions and Regulation 2.03—
into, transiting, or anchoring within this approve this portion of the SIP revision Permit Requirements: Non-Title V
safety zone is prohibited unless because the Commonwealth has Construction and Operating Permits and
authorized by the Captain of the Port demonstrated that these changes are Demolition/Renovation Notices and
Buffalo or his designated on-scene consistent with the Clean Air Act (CAA Permit Requirements. This rulemaking
representative. or Act). EPA will act on the other only pertains to Regulation 1.02, which
(2) This safety zone is closed to all portion of KDAQ’s August 29, 2012, adds, removes, and modifies several
vessel traffic, except as may be submittal in a separate action. definitions and titles in the SIP,
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![35104 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations
§ 52.920 Identification of plan. (c) * * *
* * * * *
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA approval District effec-
Reg Title/subject FEDERAL REGISTER notice Explanation
date tive date
* * * * * * *
1.02 ................... Definitions ......... 7/28/2017 [Insert citation of publication] ........ 6/15/2011 Changes to Definitions with the
exception of the term ‘‘acute
noncancer effect.’’
* * * * * * *
* * * * * available through https:// II. Summary of SIP Revision and EPA
[FR Doc. 2017–15740 Filed 7–27–17; 8:45 am] www.regulations.gov, or please contact Analysis
BILLING CODE 6560–50–P the person identified in the FOR FURTHER On May 1, 2017 (82 FR 20292), EPA
INFORMATION CONTACT section for published a notice of proposed
additional availability information. rulemaking (NPR) for the State of
ENVIRONMENTAL PROTECTION Maryland. In the NPR, EPA proposed
FOR FURTHER INFORMATION CONTACT:
AGENCY approval of removing a discontinued
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov. TM 90–01 from Maryland’s SIP, which
40 CFR Part 52
is now superseded by a new CEM
[EPA–R03–OAR–2017–0047; FRL–9965–23– SUPPLEMENTARY INFORMATION: regulation. EPA also proposed to
Region 3] approve for the Maryland SIP a revised
I. Background
version of COMAR 26.11.10.06 which
Approval and Promulgation of Air removed a reference to TM 90–01 in
On July 1, 2016, MDE submitted a SIP
Quality Implementation Plans; section C(3)(b) of COMAR 26.11.10.06
Maryland; Requirements for revision to remove discontinued TM
90–01 from Maryland’s SIP because TM and added a reference to COMAR
Continuous Emission Monitoring 26.11.01.11 in COMAR 26.11.10.06 to
90–01 had been superseded by COMAR
AGENCY: Environmental Protection 26.11.01.11. EPA previously approved address CEM issues. EPA’s rationale
Agency (EPA). TM 90–01 into Maryland’s SIP on was explained in detail in the NPR and
February 28, 1996. See 61 FR 7418. will not be restated here. No comments
ACTION: Final rule.
were received in response to EPA’s
MDE also submitted a revised version of
SUMMARY: The Environmental Protection COMAR 26.11.10.06 ‘‘Control of proposed approval of the July 1, 2016
Agency (EPA) is approving a state Maryland SIP submittal.
Volatile Organic Compounds from Iron
implementation plan (SIP) revision and Steel Production Installations’’ for III. Final Action
submitted by the State of Maryland. inclusion in the Maryland SIP which
This revision pertains to removing a EPA is approving the July 1, 2016
removed a reference to TM 90–01 in Maryland SIP revision submittal as a
discontinued Technical Memorandum
section C(3)(b) of COMAR 26.11.10.06 revision to the Maryland SIP. The
90–01 (TM 90–01) from Maryland’s SIP,
which is now superseded by a new and added a reference to COMAR submittal sought removal of
continuous emission monitoring (CEM) 26.11.01.11 in COMAR 26.11.10.06. discontinued TM 90–01 from the SIP in
regulation. EPA is approving this Maryland previously used TM 90–01 to accordance with section 110 of the
revision to remove TM 90–01 from govern the CEM requirements for fuel CAA. The CEM requirements for quality
Maryland’s SIP in accordance with the burning equipment. The formal SIP assurance, monitoring and other
requirements of the Clean Air Act revision (#16–08) was submitted by technical requirements under
(CAA). Maryland on July 1, 2016. discontinued TM 90–01 have been
In May 2010, the State of Maryland superseded and codified under COMAR
DATES: This final rule is effective on 26.11.01.11. EPA is also approving for
August 28, 2017. through the Maryland Department of the
the Maryland SIP a revised version of
ADDRESSES: EPA has established a
Environment (MDE) discontinued the
COMAR 26.11.10.06 ‘‘Control of
docket for this action under Docket ID use of TM 90–01 ‘‘Continuous Emission
Volatile Organic Compounds from Iron
Number EPA–R03–OAR–2017–0047. All Monitoring Policies and Procedures’’ and Steel Production Installations’’
documents in the docket are listed on and codified these requirements for which removed a reference to TM 90–
the https://www.regulations.gov Web CEMs in Maryland regulation COMAR 01 in section C(3)(b) of COMAR
site. Although listed in the index, some 26.11.01.11 ‘‘Continuous Emission 26.11.10.06 and added a reference to
information is not publicly available, Monitoring Requirements.’’ MDE had COMAR 26.11.01.11 in COMAR
asabaliauskas on DSKBBXCHB2PROD with RULES
e.g., confidential business information been in the process of establishing 26.11.10.06.
(CBI) or other information whose unique requirements for CEMs, separate
disclosure is restricted by statute. from the requirements for continuous IV. Incorporation by Reference
Certain other material, such as opacity monitors (COMs), and broke out In this rule, EPA is finalizing
copyrighted material, is not placed on the requirements into separate COMAR regulatory text that includes
the Internet and will be publicly regulations. On November 7, 2016 (81 incorporation by reference. In
available only in hard copy form. FR 78048), EPA approved these separate accordance with requirements of 1 CFR
Publicly available docket materials are regulations into Maryland’s SIP. 51.5, EPA is finalizing the incorporation
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Document Created: 2017-07-28 03:10:26
Document Modified: 2017-07-28 03:10:26
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective September 26, 2017 without further notice, unless EPA receives adverse comment by August 28, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Nacosta C. Ward, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 35101 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Sulfur Dioxide and Reporting and Recordkeeping Requirements |
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