82 FR 51350 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 213 (November 6, 2017)
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51350-51351 | |
| FR Document | 2017-24116 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Rules and Regulations] [Pages 51350-51351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24116] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA-R03-OAR-2017-0484; FRL-9970-28-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Maryland's Clean Air Act (CAA) section 111(d)/129 State Plan for municipal waste combustors (MWCs). The revisions contain Maryland's amendments to Regulations .07 and .08 under the Code of Maryland Regulations (COMAR) 26.11.08. These amendments update the MWC references to opacity compliance. The Maryland Department of the Environment (MDE)'s discontinued Technical Memorandum (TM 90-01) is no longer applicable and the regulations now refer to COMAR 26.11.31, which codifies quality assurance (QA) and quality control (QC) procedures for continuous opacity monitors (COMs). EPA is approving this revision to remove TM 90-01 from Maryland's CAA section 111(d)/129 State Plan in accordance with the requirements of the CAA. DATES: This rule is effective on January 5, 2018 without further notice, unless EPA receives adverse written comment by December 6, 2017. If EPA receives such comments, it 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-R03- OAR-2017-0484 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Emily Linn, (215) 814-5273, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On May 10, 2016, the State of Maryland submitted a formal revision (MD Submittal #16-05) to its CAA section 111(d)/129 State Plan for MWCs. The revisions contain Maryland's amendments to COMAR 26.11.08.08, ``Requirements for an Existing Large MWC with a Capacity Greater Than 250 Tons Per Day.'' These amendments update the MWC references to opacity compliance previously made by MDE. MDE's discontinued technical memorandum which previously addressed QA/QC procedures for COMs, TM 90- 01, is no longer state effective and the Maryland regulations therefore now refer to COMAR 26.11.31, which codifies similar QA and QC procedures for COMs.\1\ In a state rulemaking action, MDE also revised the title of COMAR 26.11.08.07, ``Requirements for Municipal Waste Combustors with a Capacity of 35 tons or greater per day and less than or equal to 250 Tons Per Day,'' to clarify that the state regulation applies to small MWCs. However, this clarification to the title of COMAR 26.11.08.07 is a minor administrative change and is not part of this action. The text of 26.11.08.07 remains unchanged, and thus the requirements for MWCs remain unchanged. EPA is approving this revision to remove TM 90-01 from Maryland's 111(d)/129 State Plan for MWCs in accordance with the requirements of the CAA as the changes are administrative in nature. --------------------------------------------------------------------------- \1\ EPA previously approved Maryland's State Plan for large MWCs on April 8, 2008 (see 73 FR 18970). In addition, EPA previously approved, as a revision to the Maryland state implementation plan, the regulatory requirements for QA/QC controls for COMs in COMAR 26.11.31. 81 FR 78048 (November 7, 2016). --------------------------------------------------------------------------- II. Summary of CAA Section 111(d)/129 State Plan Revision and EPA Analysis EPA has reviewed Maryland's submittal to revise its CAA section 111(d)/129 State Plan for MWCs in the context of the requirements of 40 CFR part 60, subpart Eb. These amendments are largely administrative in nature. In this action, EPA is finalizing its determination that the submitted revision meets the above-cited requirements. EPA is revising 40 CFR part 62, subpart V (Sec. 62.5110 and Sec. 61.5112) to reflect this approval. III. Final Action EPA is approving the May 10, 2016 Maryland CAA section 111(d)/129 State Plan revision submittal as a revision to Maryland's CAA section 111(d)/129 State Plan for MWCs. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of this Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the 111(d)/129 State Plan revision if adverse comments are filed. This rule will be effective on January 5, 2018 without further notice unless EPA receives adverse comment by December 6, 2017. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. [[Page 51351]] IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a state rule implementing a Federal standard. In reviewing Section 111(d)/129 plan submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a Section 111(d)/129 plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a Section 111(d)/129 plan submission, to use VCS in place of a Section 111(d)/129 plan submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 January 5, 2018. 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 this 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 action. This action approving Maryland's revisions to their 111(d)/129 State Plan for MWCs may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: October 18, 2017. Cosmo Servidio, Regional Administrator, Region III. For the reasons stated in the preamble, 40 CFR part 62 is amended as follows: PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 0 1. The authority citation for part 62 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. Section 62.5110 is amended by adding paragraph (c) to read as follows: Sec. 62.5110 Identification of plan. * * * * * (c) On May 10, 2016, Maryland submitted a revised State Plan and related COMAR 26.11.08.08 amendments. 0 3. Section 62.5112 is amended by adding paragraph (c) to read as follows: Sec. 62.5112 Effective date. * * * * * (c) The plan revision is effective January 5, 2018. [FR Doc. 2017-24116 Filed 11-3-17; 8:45 am] BILLING CODE 6560-50-P
![51350 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
Incorporation by reference, such comments, it will publish a timely MDE also revised the title of COMAR
Intergovernmental relations, Lead, withdrawal of the direct final rule in the 26.11.08.07, ‘‘Requirements for
Nitrogen dioxide, Ozone, Particulate Federal Register and inform the public Municipal Waste Combustors with a
matter, Regional haze, Reporting and that the rule will not take effect. Capacity of 35 tons or greater per day
recordkeeping requirements, Sulfur ADDRESSES: Submit your comments, and less than or equal to 250 Tons Per
oxides, Volatile organic compounds. identified by Docket ID No. EPA–R03– Day,’’ to clarify that the state regulation
Dated: October 24, 2017. OAR–2017–0484 at https:// applies to small MWCs. However, this
Deborah A. Szaro, www.regulations.gov, or via email to clarification to the title of COMAR
Acting Regional Administrator, EPA New aquino.marcos@epa.gov. For comments 26.11.08.07 is a minor administrative
England. submitted at Regulations.gov, follow the change and is not part of this action.
online instructions for submitting The text of 26.11.08.07 remains
PART 52—APPROVAL AND comments. Once submitted, comments unchanged, and thus the requirements
PROMULGATION OF cannot be edited or removed from for MWCs remain unchanged. EPA is
IMPLEMENTATION PLANS Regulations.gov. For either manner of approving this revision to remove TM
submission, EPA may publish any 90–01 from Maryland’s 111(d)/129 State
■ Accordingly, the amendments to 40 comment received to its public docket. Plan for MWCs in accordance with the
CFR 52.1520 published in the Federal Do not submit electronically any requirements of the CAA as the changes
Register on September 6, 2017 (82 FR information you consider to be are administrative in nature.
42037), on page 42040 are withdrawn confidential business information (CBI)
effective November 6, 2017. II. Summary of CAA Section 111(d)/129
or other information whose disclosure is State Plan Revision and EPA Analysis
[FR Doc. 2017–24113 Filed 11–3–17; 8:45 am] restricted by statute. Multimedia
BILLING CODE 6560–50–P submissions (audio, video, etc.) must be EPA has reviewed Maryland’s
accompanied by a written comment. submittal to revise its CAA section
The written comment is considered the 111(d)/129 State Plan for MWCs in the
ENVIRONMENTAL PROTECTION official comment and should include context of the requirements of 40 CFR
AGENCY discussion of all points you wish to part 60, subpart Eb. These amendments
make. EPA will generally not consider are largely administrative in nature. In
40 CFR Part 62 this action, EPA is finalizing its
comments or comment contents located
[EPA–R03–OAR–2017–0484; FRL–9970–28– outside of the primary submission (i.e., determination that the submitted
Region 3] on the Web, cloud, or other file sharing revision meets the above-cited
system). For additional submission requirements. EPA is revising 40 CFR
Approval and Promulgation of Air methods, please contact the person part 62, subpart V (§ 62.5110 and
Quality Implementation Plans; identified in the FOR FURTHER § 61.5112) to reflect this approval.
Maryland; Continuous Opacity INFORMATION CONTACT section. For the
Monitoring Requirements for Municipal III. Final Action
full EPA public comment policy,
Waste Combustors information about CBI or multimedia EPA is approving the May 10, 2016
AGENCY: Environmental Protection submissions, and general guidance on Maryland CAA section 111(d)/129 State
Agency (EPA). making effective comments, please visit Plan revision submittal as a revision to
http://www2.epa.gov/dockets/ Maryland’s CAA section 111(d)/129
ACTION: Direct final rule.
commenting-epa-dockets. State Plan for MWCs. EPA is publishing
SUMMARY: The Environmental Protection this rule without prior proposal because
FOR FURTHER INFORMATION CONTACT:
Agency (EPA) is taking direct final EPA views this as a noncontroversial
Emily Linn, (215) 814–5273, or by email
action to approve revisions to the State amendment and anticipates no adverse
at linn.emily@epa.gov.
of Maryland’s Clean Air Act (CAA) comment. However, in the ‘‘Proposed
SUPPLEMENTARY INFORMATION: Rules’’ section of this Federal Register,
section 111(d)/129 State Plan for
municipal waste combustors (MWCs). I. Background EPA is publishing a separate document
The revisions contain Maryland’s that will serve as the proposal to
On May 10, 2016, the State of approve the 111(d)/129 State Plan
amendments to Regulations .07 and .08 Maryland submitted a formal revision
under the Code of Maryland Regulations revision if adverse comments are filed.
(MD Submittal #16–05) to its CAA This rule will be effective on January 5,
(COMAR) 26.11.08. These amendments section 111(d)/129 State Plan for MWCs.
update the MWC references to opacity 2018 without further notice unless EPA
The revisions contain Maryland’s receives adverse comment by December
compliance. The Maryland Department amendments to COMAR 26.11.08.08,
of the Environment (MDE)’s 6, 2017. If EPA receives adverse
‘‘Requirements for an Existing Large comment, EPA will publish a timely
discontinued Technical Memorandum MWC with a Capacity Greater Than 250
(TM 90–01) is no longer applicable and withdrawal in the Federal Register
Tons Per Day.’’ These amendments informing the public that the rule will
the regulations now refer to COMAR update the MWC references to opacity
26.11.31, which codifies quality not take effect. EPA will address all
compliance previously made by MDE. public comments in a subsequent final
assurance (QA) and quality control (QC) MDE’s discontinued technical
procedures for continuous opacity rule based on the proposed rule. EPA
memorandum which previously will not institute a second comment
monitors (COMs). EPA is approving this addressed QA/QC procedures for COMs,
revision to remove TM 90–01 from period on this action. Any parties
TM 90–01, is no longer state effective
Pmangrum on DSK3GDR082PROD with RULES
Maryland’s CAA section 111(d)/129 interested in commenting must do so at
and the Maryland regulations therefore this time.
State Plan in accordance with the now refer to COMAR 26.11.31, which
requirements of the CAA. codifies similar QA and QC procedures
DATES: This rule is effective on January In addition, EPA previously approved, as a revision
for COMs.1 In a state rulemaking action, to the Maryland state implementation plan, the
5, 2018 without further notice, unless regulatory requirements for QA/QC controls for
EPA receives adverse written comment 1 EPA previously approved Maryland’s State Plan COMs in COMAR 26.11.31. 81 FR 78048 (November
by December 6, 2017. If EPA receives for large MWCs on April 8, 2008 (see 73 FR 18970). 7, 2016).
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51351
IV. Statutory and Executive Order EPA, when it reviews a Section 111(d)/ List of Subjects in 40 CFR Part 62
Reviews 129 plan submission, to use VCS in Environmental protection, Air
place of a Section 111(d)/129 plan pollution control, Carbon monoxide,
A. General Requirements
submission that otherwise satisfies the Intergovernmental relations, Lead,
Under Executive Order 12866 (58 FR provisions of the Clean Air Act. Thus,
51735, October 4, 1993), this action is Nitrogen dioxide, Particulate matter,
the requirements of section 12(d) of the Reporting and recordkeeping
not a ‘‘significant regulatory action’’ and National Technology Transfer and
therefore is not subject to review by the requirements, Sulfur oxides.
Advancement Act of 1995 (15 U.S.C.
Office of Management and Budget. For 272 note) do not apply. This rule does Dated: October 18, 2017.
this reason, this action is also not not impose an information collection Cosmo Servidio,
subject to Executive Order 13211, burden under the provisions of the Regional Administrator, Region III.
‘‘Actions Concerning Regulations That Paperwork Reduction Act of 1995 (44
Significantly Affect Energy Supply, For the reasons stated in the
U.S.C. 3501 et seq.). preamble, 40 CFR part 62 is amended as
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). This action merely approves B. Submission to Congress and the follows:
state law as meeting Federal Comptroller General
PART 62—APPROVAL AND
requirements and imposes no additional
The Congressional Review Act, 5 PROMULGATION OF STATE PLANS
requirements beyond those imposed by
U.S.C. 801 et seq., as added by the Small FOR DESIGNATED FACILITIES AND
state law. Accordingly, the
Business Regulatory Enforcement POLLUTANTS
Administrator certifies that this rule
will not have a significant economic Fairness Act of 1996, generally provides
■ 1. The authority citation for part 62
impact on a substantial number of small that before a rule may take effect, the
continues to read as follows:
entities under the Regulatory Flexibility agency promulgating the rule must
Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq.
rule approves pre-existing requirements copy of the rule, to each House of the
Subpart V—Maryland
under state law and does not impose Congress and to the Comptroller General
any additional enforceable duty beyond of the United States. EPA will submit a ■ 2. Section 62.5110 is amended by
that required by state law, it does not report containing this action and other adding paragraph (c) to read as follows:
contain any unfunded mandate or required information to the U.S. Senate,
significantly or uniquely affect small the U.S. House of Representatives, and § 62.5110 Identification of plan.
governments, as described in the the Comptroller General of the United * * * * *
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in (c) On May 10, 2016, Maryland
(Pub. L. 104–4). This rule also does not the Federal Register. A major rule submitted a revised State Plan and
have a substantial direct effect on one or cannot take effect until 60 days after it related COMAR 26.11.08.08
more Indian tribes, on the relationship is published in the Federal Register. amendments.
between the Federal Government and This action is not a ‘‘major rule’’ as ■ 3. Section 62.5112 is amended by
Indian tribes, or on the distribution of defined by 5 U.S.C. 804(2). adding paragraph (c) to read as follows:
power and responsibilities between the
Federal Government and Indian tribes, C. Petitions for Judicial Review § 62.5112 Effective date.
as specified by Executive Order 13175 * * * * *
Under section 307(b)(1) of the CAA,
(65 FR 67249, November 9, 2000), nor (c) The plan revision is effective
petitions for judicial review of this
will it have substantial direct effects on January 5, 2018.
action must be filed in the United States
the States, on the relationship between [FR Doc. 2017–24116 Filed 11–3–17; 8:45 am]
Court of Appeals for the appropriate
the national government and the States,
or on the distribution of power and circuit by January 5, 2018. Filing a BILLING CODE 6560–50–P
responsibilities among the various petition for reconsideration by the
levels of government, as specified in Administrator of this final rule does not
affect the finality of this action for the ENVIRONMENTAL PROTECTION
Executive Order 13132 (64 FR 43255, AGENCY
August 10, 1999), because it merely purposes of judicial review nor does it
approves a state rule implementing a extend the time within which a petition
40 CFR Part 180
Federal requirement, and does not alter for judicial review may be filed, and
the relationship or the distribution of shall not postpone the effectiveness of [EPA–HQ–OPP–2017–0362; FRL–9969–99]
power and responsibilities established such rule or action. Parties with
objections to this direct final rule are Formaldehyde, Polymer With 1,3-
in the CAA. This rule also is not subject Benzenediol, 2-Methyloxirane and
to Executive Order 13045 (62 FR 19885, encouraged to file a comment in
response to the parallel notice of Oxirane, Ethers With Polyethylene
April 23, 1997), because it approves a Glycol Mono-Me Ether; Exemption
state rule implementing a Federal proposed rulemaking for this action
published in the proposed rules section From the Requirement of a Tolerance
standard.
In reviewing Section 111(d)/129 plan of this Federal Register, rather than file AGENCY: Environmental Protection
submissions, EPA’s role is to approve an immediate petition for judicial Agency (EPA).
state choices, provided that they meet review of this direct final rule, so that ACTION: Final rule.
the criteria of the Clean Air Act. In this EPA can withdraw this direct final rule
Pmangrum on DSK3GDR082PROD with RULES
context, in the absence of a prior and address the comment in the SUMMARY: This regulation establishes an
existing requirement for the State to use proposed rulemaking action. This action exemption from the requirement of a
voluntary consensus standards (VCS), approving Maryland’s revisions to their tolerance for residues of formaldehyde,
EPA has no authority to disapprove a 111(d)/129 State Plan for MWCs may polymer with 1,3-benzenediol, 2-
Section 111(d)/129 plan submission for not be challenged later in proceedings to methyloxirane and oxirane, ethers with
failure to use VCS. It would thus be enforce its requirements. (See section polyethylene glycol mono-Me ether
inconsistent with applicable law for 307(b)(2).) (CAS Reg. No. 1998118–31–2) when
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Document Created: 2017-11-07 10:30:23
Document Modified: 2017-11-07 10:30:23
| 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 rule is effective on January 5, 2018 without further notice, unless EPA receives adverse written comment by December 6, 2017. If EPA receives such comments, it 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 | Emily Linn, (215) 814-5273, or by email at [email protected] | |
| FR Citation | 82 FR 51350 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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