82 FR 35104 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Requirements for Continuous Emission Monitoring
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 144 (July 28, 2017)
Federal Register Volume 82, Issue 144 (July 28, 2017)
| Page Range | 35104-35106 | |
| FR Document | 2017-15733 |
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)] [Rules and Regulations] [Pages 35104-35106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15733] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0047; FRL-9965-23-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Requirements for Continuous Emission Monitoring AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This revision pertains to removing a discontinued Technical Memorandum 90-01 (TM 90-01) from Maryland's SIP, which is now superseded by a new continuous emission monitoring (CEM) regulation. EPA is approving this revision to remove TM 90-01 from Maryland's SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on August 28, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0047. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On July 1, 2016, MDE submitted a SIP revision to remove discontinued TM 90-01 from Maryland's SIP because TM 90-01 had been superseded by COMAR 26.11.01.11. EPA previously approved TM 90-01 into Maryland's SIP on February 28, 1996. See 61 FR 7418. MDE also submitted a revised version of COMAR 26.11.10.06 ``Control of Volatile Organic Compounds from Iron and Steel Production Installations'' for inclusion in the Maryland SIP which removed a reference to TM 90-01 in section C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 in COMAR 26.11.10.06. Maryland previously used TM 90-01 to govern the CEM requirements for fuel burning equipment. The formal SIP revision (#16-08) was submitted by Maryland on July 1, 2016. In May 2010, the State of Maryland through the Maryland Department of the Environment (MDE) discontinued the use of TM 90-01 ``Continuous Emission Monitoring Policies and Procedures'' and codified these requirements for CEMs in Maryland regulation COMAR 26.11.01.11 ``Continuous Emission Monitoring Requirements.'' MDE had been in the process of establishing unique requirements for CEMs, separate from the requirements for continuous opacity monitors (COMs), and broke out the requirements into separate COMAR regulations. On November 7, 2016 (81 FR 78048), EPA approved these separate regulations into Maryland's SIP. II. Summary of SIP Revision and EPA Analysis On May 1, 2017 (82 FR 20292), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed approval of removing a discontinued TM 90-01 from Maryland's SIP, which is now superseded by a new CEM regulation. EPA also proposed to approve for the Maryland SIP a revised version of COMAR 26.11.10.06 which removed a reference to TM 90-01 in section C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 in COMAR 26.11.10.06 to address CEM issues. EPA's rationale was explained in detail in the NPR and will not be restated here. No comments were received in response to EPA's proposed approval of the July 1, 2016 Maryland SIP submittal. III. Final Action EPA is approving the July 1, 2016 Maryland SIP revision submittal as a revision to the Maryland SIP. The submittal sought removal of discontinued TM 90-01 from the SIP in accordance with section 110 of the CAA. The CEM requirements for quality assurance, monitoring and other technical requirements under discontinued TM 90-01 have been superseded and codified under COMAR 26.11.01.11. EPA is also approving for the Maryland SIP a revised version of COMAR 26.11.10.06 ``Control of Volatile Organic Compounds from Iron and Steel Production Installations'' which removed a reference to TM 90-01 in section C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11 in COMAR 26.11.10.06. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation [[Page 35105]] by reference of the amended version of COMAR 26.11.10.06. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through 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). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by 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. This action to remove discontinued TM 90-01 from Maryland's SIP and include revised COMAR 26.11.10.06 in the SIP may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Volatile organic compounds. Dated: July 11, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. Amend Sec. 52.1070: 0 a. In the table in paragraph (c) by revising the entry for ``COMAR 26.11.10.06''; and 0 b. In the table in paragraph (e) by removing the entry for ``TM#90-01-- ``Continuous Emission Monitoring Policies and Procedures''--October 1990''. The revised text reads as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * [[Page 35106]] EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- Code of Maryland Additional Administrative Regulations Title/subject State EPA approval date explanation/citation (COMAR) citation effective date at 40 CFR 52.1100 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.10 Control of Iron and Steel Production Installations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.10.06................ Control of Volatile 05/09/2016 7/28/2017 [Insert Removed reference to Organic Compounds Federal Register TM 90-01 from from Iron and Steel citation]. C(3)(b) and added Production reference to COMAR Installations. 26.11.01.11. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-15733 Filed 7-27-17; 8:45 am] BILLING CODE 6560-50-P
![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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![35106 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Mary-
land Administra- State effective Additional explanation/citation at
tive Regulations Title/subject EPA approval date
date 40 CFR 52.1100
(COMAR) cita-
tion
* * * * * * *
26.11.10 Control of Iron and Steel Production Installations
* * * * * * *
26.11.10.06 ....... Control of Volatile Organic Com- 05/09/2016 7/28/2017 [Insert Federal Reg- Removed reference to TM 90–01
pounds from Iron and Steel Pro- ister citation]. from C(3)(b) and added ref-
duction Installations. erence to COMAR 26.11.01.11.
* * * * * * *
* * * * * instructions for submitting comments. 3-1–.01, ‘‘Definitions,’’ and Rule 391-3-
[FR Doc. 2017–15733 Filed 7–27–17; 8:45 am] Once submitted, comments cannot be 1–.02, ‘‘Provisions.’’ The changes
BILLING CODE 6560–50–P edited or removed from Regulations.gov. requested by Georgia in these proposed
EPA may publish any comment received SIP revisions are discussed below.
to its public docket. Do not submit The November 29, 2010, submittal
ENVIRONMENTAL PROTECTION electronically any information you includes a change to Rule 391-3-1–
AGENCY consider to be Confidential Business .01(nnnn), ‘‘Procedures for Testing and
Information (CBI) or other information Monitoring Sources of Air Pollutants.’’
40 CFR Part 52 whose disclosure is restricted by statute. EPA approved this change on January 5,
[EPA–R04–OAR–2017–0021; FRL–9965–25– Multimedia submissions (audio, video, 2017 (82 FR 1206). EPA is not acting on
Region 4] etc.) must be accompanied by a written changes to Rule 391-3-1–.02(2)(sss),
comment. The written comment is ‘‘Multipollutant Control for Electric
Air Plan Approval; Georgia; considered the official comment and Utility Steam Generating Units’’ and
Miscellaneous Revisions should include discussion of all points Rule 391-3-1–.14—‘‘General
AGENCY: Environmental Protection you wish to make. EPA will generally Conformity’’ included in the November
Agency (EPA). not consider comments or comment 29, 2010, submittal because the rules are
ACTION: Direct final rule. contents located outside of the primary not part of the SIP and the State’s prior
submission (i.e. on the web, cloud, or request to incorporate the rule into the
SUMMARY: The Environmental Protection other file sharing system). For SIP was withdrawn from EPA
Agency (EPA) is taking direct final additional submission methods, the full consideration by the State in a letter
action to approve portions of State EPA public comment policy, dated December 1, 2016.1
Implementation Plan (SIP) revisions information about CBI or multimedia The July 25, 2014, submittal includes
submitted by the State of Georgia, submissions, and general guidance on several changes that are not part of this
through the Georgia Department of making effective comments, please visit action. Rule 391-3-1–.01(llll), ‘‘Volatile
Natural Resources’ Environmental http://www2.epa.gov/dockets/ organic compound,’’ was approved on
Protection Division (GA EPD), on commenting-epa-dockets. October 5, 2016, (81 FR 68936) and Rule
November 29, 2010, and July 25, 2014. FOR FURTHER INFORMATION CONTACT: 391-3-1–.01(nnnn), ‘‘Procedures for
These changes correct a numbering Richard Wong, Air Regulatory Testing and Monitoring Sources of Air
error, clarify rule applicability and Management Section, Air Planning and Pollutants,’’ was approved on January 5,
remove obsolete tables and references in Implementation Branch, Air, Pesticides 2017, (82 FR 1206). With respect to GA
multiple rules. EPA is approving and Toxics Management Division, U.S. EPD’s submission related to Rule 391-3-
portions of these SIP revisions because Environmental Protection Agency, 1–.02(4), ‘‘Ambient Air Standards,’’ and
the State has demonstrated that they are Region 4, 61 Forsyth Street SW., Rule 391-3-1–.03(8), ‘‘Permit
consistent with the Clean Air Act (CAA Atlanta, Georgia 30303–8960. The Requirements,’’ EPA will act on these
or Act). telephone number is (404) 562–8726. changes in a separate action.
DATES: This direct final rule is effective Mr. Wong can also be reached via
September 26, 2017 without further II. Analysis of State’s Submittal
electronic mail at wong.richard@
notice, unless EPA receives adverse epa.gov. A. November 29, 2010 Submittal
comment by August 28, 2017. If EPA
SUPPLEMENTARY INFORMATION: Georgia’s November 29, 2010,
receives such comments, it will publish
submittal makes only one
asabaliauskas on DSKBBXCHB2PROD with RULES
a timely withdrawal of the direct final I. Background
administrative edit to Rule 391-3-1–
rule in the Federal Register and inform On November 29, 2010, and July 25, .02(2)(ss), ‘‘Gasoline Transport Vehicles
the public that the rule will not take 2014, GA EPD submitted revisions to and Vapor Collection Systems.’’
effect. EPA for review and approval into the Specifically, the submittal fixes a
ADDRESSES: Submit your comments, Georgia SIP that contain changes to a numbering error at Rule 391-3-
identified by Docket ID No. EPA–R04– number of Georgia’s air quality rules in
OAR–2017–0021 at http:// Rule 391-3-1. The changes that EPA is 1 The December 1, 2016 letter is included in the
www.regulations.gov. Follow the online approving into the SIP modify Rule 391- docket for this action.
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Document Created: 2017-07-28 03:09:53
Document Modified: 2017-07-28 03:09:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on August 28, 2017. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 82 FR 35104 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Volatile Organic Compounds |
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