82 FR 40712 - Approval and Promulgation of Implementation Plans; AK: Adoption Updates and Rule Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 165 (August 28, 2017)
Federal Register Volume 82, Issue 165 (August 28, 2017)
| Page Range | 40712-40715 | |
| FR Document | 2017-17861 |
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)] [Rules and Regulations] [Pages 40712-40715] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17861] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2017-0184; FRL-9966-80-Region 10] Approval and Promulgation of Implementation Plans; AK: Adoption Updates and Rule Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving state implementation plan (SIP) revisions submitted by the State of Alaska Department of Environmental Conservation (ADEC) on September 15, 2016. These revisions primarily update adoptions of Federal regulations in the Alaska SIP. The revisions also strengthen the State of Alaska's (Alaska or State) minor source permitting requirements and remove obsolete source-category specific regulations. In addition, EPA is approving SIP revisions to Alaska's general and transportation conformity regulations submitted by ADEC on March 10, 2016. The EPA is taking action only on the conformity related portions of the March 2016 submittal. The other portions of the submittal are or will be addressed in separate actions. DATES: This final rule is effective September 27, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2017-0184. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section below, to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Randall Ruddick, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; phone: (206) 553-1999; email: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background II. Final Action III. Incorporation by Reference IV. Statutory and Executive Orders Review I. Background On March 10, 2016 and September 15, 2016, Alaska submitted SIP revisions to EPA for approval. On June 13, 2017, the EPA proposed to approve the conformity portions of Alaska's March 10, 2016 submittal and all of the revisions requested in the September 15, 2016 submittal (82 FR 27031). Please see our proposed rulemaking for further explanation and the basis for our finding. The public comment period for this proposal ended on July 13, 2017. We received two supportive comments. II. Final Action EPA is approving, and incorporating by reference where appropriate in Alaska's SIP, all revisions requested by Alaska on September 15, 2016 (state effective August 20, 2016) to the following provisions:18 AAC 50.010(4) (Ambient Air Quality Standards) 18 AAC 50.020(a) (Baseline Dates and Maximum Allowable Increases) 18 AAC 50.035(a)(3) and (a)(7) (Documents, Procedures, and Methods Adopted by Reference) 18 AAC 50.040(f) and (h) (Federal Standards Adopted by Reference) 18 AAC 50.215(a)(3) (Ambient Air Quality Analysis Methods) 18 AAC 50.345(o) (Construction, Minor and Operating Permits: Standard Permit Conditions) 18 AAC 50.502(c), (e), (f), (f)(1)(C), (f)(5), (g), (h)(3)(A), and (h)(3)(B) (Minor Permits for Air Quality Protection) 18 AAC 50.540 (c)(2)(A) (Minor Permit: Application) 18 AAC 50.542(b)(5) and (d)(1) (Minor Permit: Review and Issuance) At Alaska's request, EPA is also removing from the SIP the following provisions that ADEC repealed as a matter of state law: 18 AAC 50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) (Industrial Process and Fuel-Burning Equipment) and 18 AAC 50.060 (Pulp Mills). Finally, EPA is approving revisions to 18 AAC 50, Article 7, Transportation [[Page 40713]] Conformity, submitted by Alaska on March 10, 2016; specifically, the revisions to transportation conformity provisions in 18 AAC 50.715 and 50.720, and the removal of the general conformity provisions in 50.735. We have determined that the submitted SIP revisions are consistent with section 110 and part C of Title I of the CAA. III. Incorporation by Reference In this rule, EPA is approving regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, we are incorporating by reference the provisions described above in Section II. Final Action and set forth below, as amendments to 40 CFR part 52. EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and/or at the EPA Region 10 office (please contact the person identified in the FOR FURTHER INFORMATION, CONTACT section of this preamble for more information). IV. Statutory and Executive Orders Review 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 this action does not involve technical standards; 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, 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). 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 CAA section 307(b)(1), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 27, 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 may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Administrative practice and procedure, 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: August 10, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. For the reasons set forth in the preamble, 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 C--Alaska 0 2. In Sec. 52.70, the table in paragraph (c) is amended by: 0 a. Revising entries 18 AAC 50.010, 18 AAC 50.020, 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.055; 0 b. Removing entry 18 AAC 50.060; 0 c. Revising entries 18 AAC 50.215, 18 AAC 50.345, 18 AAC 50.502, 18 AAC 50.540, 18 AAC 50.542, 18 AAC 50.715, and 18 AAC 50.720; and 0 d. Removing entry 18 AAC 50.735. The revisions read as follows: Sec. 52.70 Identification of plan. * * * * * (c) * * * [[Page 40714]] EPA-Approved Alaska Regulations and statutes ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality ---------------------------------------------------------------------------------------------------------------- Control (18 AAC 50) ---------------------------------------------------------------------------------------------------------------- 18 AAC 50 Article 1. Ambient Air Quality Management ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.010................. Ambient Air Quality 8/20/16 8/28/17 [Insert Except (8). Standards. Federal Register citation]. * * * * * * * 18 AAC 50.020................. Baseline Dates and 8/20/16 8/28/17 [Insert ................ Maximum Allowable Federal Register Increases. citation]. * * * * * * * 18 AAC 50.035................. Documents, Procedures 8/20/16 8/28/17 [Insert Except (a)(6) and Methods Adopted Federal Register and (b)(4). by Reference. citation]. 18 AAC 50.040................. Federal Standards 8/20/16; 11/9/ 8/28/17 [Insert Except (a), (b), Adopted by Reference. 14 Federal Register (c), (d), (e), citation]. (g), (j), and (k). * * * * * * * 18 AAC 50.055................. Industrial Processes 8/20/16 8/28/17 [Insert Except and Fuel-Burning Federal Register (d)(2)(B). Equipment. citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50 Article 2. Program Administration ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.215................. Ambient Air Quality 8/20/16 8/28/17 [Insert Except (a)(4). Analysis Methods. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50 Article 3. Major Stationary Source Permits ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.345................. Construction, Minor 8/20/16 8/28/17 [Insert Except (b), and Operating Federal Register (c)(3), and Permits: Standard citation]. (l). Permit Conditions. ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50 Article 5. Minor Permits ---------------------------------------------------------------------------------------------------------------- 18 AAC 50.502................. Minor Permits for Air 8/20/16 8/28/17 [Insert ................ Quality Protection. Federal Register citation]. * * * * * * * 18 AAC 50.540................. Minor Permit: 8/20/16 8/28/17 [Insert ................ Application. Federal Register citation]. 18 AAC 50.542................. Minor Permit: Review 8/20/16 8/28/17 [Insert Except (b)(2). and Issuance. Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50 Article 7. Transportation Conformity ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.715................. Interagency 3/2/16 8/28/17 [Insert ................ Consultation Federal Register Procedures. citation]. 18 AAC 50.720................. Public Involvement.... 3/2/16 8/28/17............... ................ [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 40715]] * * * * * [FR Doc. 2017-17861 Filed 8-25-17; 8:45 am] BILLING CODE 6560-50-P
![40712 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
Administrative Regulations State effective Additional explanation/citation
Title/subject EPA approval date
(COMAR) date at 40 CFR 52.1100
citation
* * * * * * *
26.11.02.11 ............................. Procedures for Obtaining Per- 12/10/15 8/28/17, [insert Federal Reg- Previous Approval 2/27/2003,
mits to Construct Certain ister citation]. 68 FR 9012, (c) (182)
Significant Sources.
26.11.02.12 ............................. Procedures for Obtaining Ap- 12/10/15 8/28/17, [insert Federal Reg- Previous Approval 8/2/2012,
provals of PSD Sources ister citation]. 77 FR 45949
and NSR Sources, Certain
Permits to Construct, and
Case-by-Case MACT De-
terminations in Accordance
with 40 CFR part 63, Sub-
part B.
* * * * * * *
* * * * * documents in the docket are listed on revisions requested in the September 15,
[FR Doc. 2017–17865 Filed 8–25–17; 8:45 am] the https://www.regulations.gov Web 2016 submittal (82 FR 27031). Please see
BILLING CODE 6560–50–P
site. Although listed in the index, some our proposed rulemaking for further
information may not be publicly explanation and the basis for our
available, i.e., Confidential Business finding. The public comment period for
ENVIRONMENTAL PROTECTION Information or other information the this proposal ended on July 13, 2017.
AGENCY disclosure of which is restricted by We received two supportive comments.
statute. Certain other material, such as
40 CFR Part 52 copyrighted material, is not placed on II. Final Action
the Internet and is publicly available EPA is approving, and incorporating
[EPA–R10–OAR–2017–0184; FRL–9966–80–
only in hard copy form. Publicly by reference where appropriate in
Region 10]
available docket materials are available Alaska’s SIP, all revisions requested by
Approval and Promulgation of at http://www.regulations.gov or at EPA Alaska on September 15, 2016 (state
Implementation Plans; AK: Adoption Region 10, Office of Air and Waste, 1200 effective August 20, 2016) to the
Updates and Rule Revisions Sixth Avenue, Seattle, Washington following provisions:
98101. EPA requests that you contact • 18 AAC 50.010(4) (Ambient Air
AGENCY: Environmental Protection the person listed in the FOR FURTHER Quality Standards)
Agency (EPA). INFORMATION CONTACT section below, to • 18 AAC 50.020(a) (Baseline Dates and
ACTION: Final rule. schedule your inspection. The Regional Maximum Allowable Increases)
Office’s official hours of business are • 18 AAC 50.035(a)(3) and (a)(7)
SUMMARY: The Environmental Protection Monday through Friday, 8:30 to 4:30, (Documents, Procedures, and
Agency (EPA) is approving state excluding federal holidays. Methods Adopted by Reference)
implementation plan (SIP) revisions FOR FURTHER INFORMATION CONTACT: • 18 AAC 50.040(f) and (h) (Federal
submitted by the State of Alaska Randall Ruddick, Air Planning Unit, Standards Adopted by Reference)
Department of Environmental Office of Air and Waste (OAW–150), • 18 AAC 50.215(a)(3) (Ambient Air
Conservation (ADEC) on September 15, Environmental Protection Agency, Quality Analysis Methods)
2016. These revisions primarily update Region 10, 1200 Sixth Ave, Suite 900, • 18 AAC 50.345(o) (Construction,
adoptions of Federal regulations in the Seattle, WA 98101; phone: (206) 553– Minor and Operating Permits:
Alaska SIP. The revisions also 1999; email: ruddick.randall@epa.gov. Standard Permit Conditions)
strengthen the State of Alaska’s (Alaska SUPPLEMENTARY INFORMATION: • 18 AAC 50.502(c), (e), (f), (f)(1)(C),
or State) minor source permitting Throughout this document wherever (f)(5), (g), (h)(3)(A), and (h)(3)(B)
requirements and remove obsolete ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is (Minor Permits for Air Quality
source-category specific regulations. In intended to refer to the EPA. Protection)
addition, EPA is approving SIP • 18 AAC 50.540 (c)(2)(A) (Minor
revisions to Alaska’s general and Table of Contents
Permit: Application)
transportation conformity regulations
I. Background • 18 AAC 50.542(b)(5) and (d)(1) (Minor
submitted by ADEC on March 10, 2016. II. Final Action Permit: Review and Issuance)
The EPA is taking action only on the III. Incorporation by Reference At Alaska’s request, EPA is also
conformity related portions of the IV. Statutory and Executive Orders Review removing from the SIP the following
asabaliauskas on DSKBBXCHB2PROD with RULES
March 2016 submittal. The other provisions that ADEC repealed as a
portions of the submittal are or will be I. Background matter of state law: 18 AAC 50.055(a)(2),
addressed in separate actions. On March 10, 2016 and September 15, (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f)
DATES: This final rule is effective 2016, Alaska submitted SIP revisions to (Industrial Process and Fuel-Burning
September 27, 2017. EPA for approval. On June 13, 2017, the Equipment) and 18 AAC 50.060 (Pulp
ADDRESSES: EPA has established a EPA proposed to approve the Mills).
docket for this action under Docket ID conformity portions of Alaska’s March Finally, EPA is approving revisions to
No. EPA–R10–OAR–2017–0184. All 10, 2016 submittal and all of the 18 AAC 50, Article 7, Transportation
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![40714 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations
EPA-APPROVED ALASKA REGULATIONS AND STATUTES
State effective
State citation Title/subject EPA approval date Explanations
date
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality
Control (18 AAC 50)
18 AAC 50 Article 1. Ambient Air Quality Management
* * * * * * *
18 AAC 50.010 ....... Ambient Air Quality Standards .............. 8/20/16 8/28/17 [Insert Federal Register cita- Except (8).
tion].
* * * * * * *
18 AAC 50.020 ....... Baseline Dates and Maximum Allow- 8/20/16 8/28/17 [Insert Federal Register cita-
able Increases. tion].
* * * * * * *
18 AAC 50.035 ....... Documents, Procedures and Methods 8/20/16 8/28/17 [Insert Federal Register cita- Except (a)(6) and
Adopted by Reference. tion]. (b)(4).
18 AAC 50.040 ....... Federal Standards Adopted by Ref- 8/20/16; 11/9/ 8/28/17 [Insert Federal Register cita- Except (a), (b), (c),
erence. 14 tion]. (d), (e), (g), (j),
and (k).
* * * * * * *
18 AAC 50.055 ....... Industrial Processes and Fuel-Burning 8/20/16 8/28/17 [Insert Federal Register cita- Except (d)(2)(B).
Equipment. tion].
* * * * * * *
18 AAC 50 Article 2. Program Administration
* * * * * * *
18 AAC 50.215 ....... Ambient Air Quality Analysis Methods .. 8/20/16 8/28/17 [Insert Federal Register cita- Except (a)(4).
tion].
* * * * * * *
18 AAC 50 Article 3. Major Stationary Source Permits
* * * * * * *
18 AAC 50.345 ....... Construction, Minor and Operating Per- 8/20/16 8/28/17 [Insert Federal Register cita- Except (b), (c)(3),
mits: Standard Permit Conditions. tion]. and (l).
* * * * * * *
18 AAC 50 Article 5. Minor Permits
18 AAC 50.502 ....... Minor Permits for Air Quality Protection 8/20/16 8/28/17 [Insert Federal Register cita-
tion].
* * * * * * *
18 AAC 50.540 ....... Minor Permit: Application ....................... 8/20/16 8/28/17 [Insert Federal Register cita-
tion].
18 AAC 50.542 ....... Minor Permit: Review and Issuance ...... 8/20/16 8/28/17 [Insert Federal Register cita- Except (b)(2).
tion].
* * * * * * *
18 AAC 50 Article 7. Transportation Conformity
asabaliauskas on DSKBBXCHB2PROD with RULES
* * * * * * *
18 AAC 50.715 ....... Interagency Consultation Procedures .... 3/2/16 8/28/17 [Insert Federal Register cita-
tion].
18 AAC 50.720 ....... Public Involvement ................................. 3/2/16 8/28/17 ...................................................
[Insert Federal Register citation] ..........
* * * * * * *
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![Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40715
* * * * * official comment and should include ozone can reduce lung function and
[FR Doc. 2017–17861 Filed 8–25–17; 8:45 am] discussion of all points you wish to inflame airways, which can increase
BILLING CODE 6560–50–P make. EPA will generally not consider respiratory symptoms and aggravate
comments or comment contents located asthma or other lung diseases. In
outside of the primary submission (i.e., response to this scientific evidence, EPA
ENVIRONMENTAL PROTECTION on the web, cloud, or other file sharing promulgated in 1979 the first ozone
AGENCY system). For additional submission national ambient air quality standard
methods, please contact the person (NAAQS), the 0.12 part per million
40 CFR Part 52 identified in the FOR FURTHER (ppm) 1-hour ozone NAAQS. See 44 FR
[EPA–R03–OAR–2017–0394; FRL–9966–96– INFORMATION CONTACT section. For the 8202 (February 8, 1979).1 Under the
Region 3] full EPA public comment policy, 1979 1-hour ozone NAAQS, the
information about CBI or multimedia Baltimore Area (specifically, Anne
Approval and Promulgation of Air submissions, and general guidance on Arundel County, Baltimore City,
Quality Implementation Plans; making effective comments, please visit Baltimore County, Carroll County,
Maryland; Approval of an Alternative http://www2.epa.gov/dockets/ Harford County, and Howard County)
Volatile Organic Compound Emission commenting-epa-dockets. was designated as a severe
Standard nonattainment area. 56 FR 56694
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Gregory A. Becoat, (215) 814–2036, or (November 6, 1991). On July 18, 1997,
Agency (EPA). by email at becoat.gregory@epa.gov. EPA revised the health-based NAAQS
for ozone based on 8-hour average
ACTION: Direct final rule. SUPPLEMENTARY INFORMATION:
concentrations. 62 FR 38856. Under the
SUMMARY: The Environmental Protection I. Background 1997 8-hour ozone NAAQS, the
Agency (EPA) is taking direct final On June 24, 2016, MDE submitted a Baltimore Area was designated as a
action to approve a revision to the State formal revision to the Maryland SIP. moderate nonattainment area. 69 FR
of Maryland’s state implementation plan 23858 (April 30, 2004). Later, the
The SIP revision consists of a request to
(SIP). Maryland requested EPA Baltimore Area was reclassified as a
incorporate by reference a MDE
incorporate by reference into the serious nonattainment area for the 1997
departmental order that establishes an
Maryland SIP a Maryland Department of 8-ozone NAAQS. 77 FR 4901 (February
alternative VOC emission standard for
the Environment (MDE) order that 1, 2012). On March 27, 2008 (78 FR
NGC as it appears in the permit-to-
establishes an alternative volatile 16436), EPA strengthened the 8-hour
construct conditions issued by MDE in
organic compound (VOC) emission ozone NAAQS (2008 8-hour ozone
order to ensure that it remains a minor
standard for National Gypsum Company NAAQS). Under the 2008 8-hour ozone
stationary source of VOCs. The
(NGC) that will ensure that this source NAAQS, the Baltimore Area was
alternative VOC emissions limit of 195
remains a minor stationary source of designated as a moderate nonattainment
pounds per operating day with at least area. 69 FR 23858 (April 30, 2004).
VOCs. EPA is approving the SIP a 99% overall VOC control efficiency
submittal incorporating by reference On April 30, 2004 (69 FR 23858), EPA
will achieve a stringent emissions announced its revocation of the 1979 1-
MDE’s order for NGC in accordance discharge reduction and is more
with the requirements of the Clean Air hour ozone NAAQS for all purposes and
stringent than any established standard for all areas in the country, effective
Act (CAA). for reasonably available control June 15, 2005. In the final rulemaking,
DATES: This rule is effective on technology (RACT) for major stationary EPA determined that certain
November 27, 2017 without further sources of VOCs in COMAR 26.11.19. nonattainment planning requirements
notice, unless EPA receives adverse Under the Code of Maryland would continue to be in effect under the
written comment by September 27, Regulations (COMAR) 26.11.06.06E— revoked standard for nonattainment
2017. If EPA receives such comments, it ‘‘Exceptions,’’ a source may request an areas under the 1979 1-hour ozone
will publish a timely withdrawal of the exception to a VOC emissions limit from NAAQS, including RACT. Under the
direct final rule in the Federal Register MDE if the source is not subject to new anti-backsliding provisions codified at
and inform the public that the rule will source review (NSR) and if the source is 40 CFR 51.905, the Baltimore Area
not take effect. unable to comply with COMAR remains subject to the anti-backslide
ADDRESSES: Submit your comments, 26.11.06.06B—‘‘Control of VOC from obligations for the revoked 1979 1-hour
identified by Docket ID No. EPA–R03– Installations.’’ ozone NAAQS. Since the Baltimore
OAR–2017–0394 at https:// Located in the Baltimore ozone Area was designated as a severe
www.regulations.gov, or via email to nonattainment area, NGC is a wallboard nonattainment area for the 1979 1-hour
stahl.cynthia@epa.gov. For comments manufacturing facility that emits both ozone NAAQS, all sources in the
submitted at Regulations.gov, follow the nitrogen oxides (NOX) and VOCs. nonattainment area emitting greater
online instructions for submitting Ground level ozone is formed when than 25 tons per year (tpy) of VOC or
comments. Once submitted, comments NOX and VOCs react in the presence of NOX are major stationary sources.
cannot be edited or removed from sunlight. NOX and VOC are referred to NGC is a major stationary source of
Regulations.gov. For either manner of as ozone precursors and are emitted by NOX, but is not a major stationary
submission, EPA may publish any many types of pollution sources, source for VOCs. NGC consists of two
comment received to its public docket. including motor vehicles, power plants, major manufacturing lines, Board Kiln
asabaliauskas on DSKBBXCHB2PROD with RULES
Do not submit electronically any industrial facilities, and area wide No. 1 and Board Kiln No. 2. When NGC
information you consider to be sources, such as consumer products and modified Board Kiln No. 1 to
confidential business information (CBI) lawn and garden equipment. Scientific manufacture new silicone wallboard
or other information whose disclosure is evidence indicates that adverse public products, NGC needed limits to remain
restricted by statute. Multimedia health effects occur following exposure a minor stationary source of VOC (under
submissions (audio, video, etc.) must be to ozone. These effects are more
accompanied by a written comment. pronounced in children and adults with 1 EPA had previously promulgated a NAAQS for
The written comment is considered the lung disease. Breathing air containing total photochemical oxidants.
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Document Created: 2017-08-28 11:30:12
Document Modified: 2017-08-28 11:30:12
| 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 September 27, 2017. | |
| Contact | Randall Ruddick, Air Planning Unit, Office of Air and Waste (OAW-150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; phone: (206) 553-1999; email: [email protected] | |
| FR Citation | 82 FR 40712 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Administrative Practice and Procedure; 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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