82 FR 60872 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors; Withdrawal of Direct Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range		60872-60873
FR Document		2017-27796

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the November 6, 2017 direct final rule (DFR) that approved 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. This withdrawal action is being taken under sections 129 and 111(d) of the CAA.

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60872-60873]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0484; FRL-9972-55-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Continuous Opacity Monitoring Requirements for Municipal 
Waste Combustors; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the November 6, 2017 direct 
final rule (DFR) that approved 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. This withdrawal

[[Page 60873]]

action is being taken under sections 129 and 111(d) of the CAA.

DATES: The direct final rule published at 82 FR 51350 on November 6, 
2017 is withdrawn effective December 26, 2017.

ADDRESSES: EPA has established docket number EPA-R03-OAR-2017-0484 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at Air Protection Division, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Emily Linn, (215) 814-5273, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 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, ``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 the 
Maryland Department of the Environment. The Maryland state submittal is 
available in the docket for this rulemaking and available online at 
www.regulations.gov.
    Please see additional information provided in the direct final 
action published in the Federal Register on November 6, 2017 (82 FR 
51350) and in the companion proposed rule which was also published on 
November 6, 2017 (82 FR 51380). In the DFR, we stated that if we 
received adverse comment by December 6, 2017, the rule would be 
withdrawn and not take effect. EPA subsequently received an adverse 
comment. As a result of the comment received, EPA is withdrawing the 
DFR approving the revisions submitted by the State of Maryland to their 
CAA section 111(d)/129 State Plan for MWCs. EPA will address the 
comment received in a subsequent final action based upon the proposed 
action also published on November 6, 2017. EPA will not institute a 
second comment period on this action.

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: December 15, 2017.
Cosmo Servidio,
Regional Administrator, Region III.

0
Accordingly, the amendments to 40 CFR 62.5110 and 40 CFR 62.5112, 
published on November 6, 2017 (82 FR 51350), are withdrawn effective 
December 26, 2017.

[FR Doc. 2017-27796 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P

60872 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

J. National Technology Transfer and ENVIRONMENTAL PROTECTION the companion proposed rule which
Advancement Act AGENCY was also published on October 26, 2017
(82 FR 49563). In the DFR, we stated
This rulemaking does not involve 40 CFR Part 62 that if we received adverse comment by
technical standards. November 27, 2017, the rule would be
[EPA–R03–OAR–2017–0509; FRL–9972–52–
K. Executive Order 12898: Federal Region 3] withdrawn and not take effect. EPA
Actions To Address Environmental subsequently received an adverse
Full Withdrawal of Approval and comment. EPA will address the
Justice in Minority Populations and
Promulgation of State Air Quality Plans comment received in a subsequent final
Low-Income Populations
for Designated Facilities and action based upon the proposed action
The EPA believes the human health or Pollutants; City of Philadelphia; also published on October 26, 2017.
environmental risk addressed by this Control of Emissions From Existing EPA will not institute a second
action will not have potential Sewage Sludge Incineration Units comment period on this action. As a
disproportionately high and adverse result of the comment received, EPA is
AGENCY: Environmental Protection withdrawing the direct final rule
human health or environmental effects Agency (EPA).
on minority, low-income or indigenous approving the negative declaration
ACTION: Withdrawal of direct final rule. submitted by the City of Philadelphia
populations, because it does not affect
for existing SSI units.
the level of protection provided to SUMMARY: Due to the receipt of an
human health or the environment. The adverse comment, the Environmental List of Subjects in 40 CFR Part 62
EPA’s evaluation of environmental Protection Agency (EPA) is withdrawing Environmental protection,
justice considerations is contained in the October 26, 2017 direct final rule Administrative practice and procedure,
section IV of this notice. (DFR) that approved a negative Air pollution control, Intergovernmental
declaration submitted by the City of relations, Reporting and recordkeeping
L. Congressional Review Act (CRA) Philadelphia. The negative declaration requirements, Waste treatment and
certified that no existing sewage sludge disposal.
This action is subject to the CRA, and
incineration (SSI) units exist within the
the EPA will submit a rule report to Dated: December 15, 2017.
City of Philadelphia. EPA stated in the
each House of the Congress and to the Cosmo Servidio
direct final rule that if EPA received
Comptroller General of the United adverse comments by November 27, Regional Administrator, Region III.
States. This action is not a ‘‘major rule’’ 2017, the rule would be withdrawn and
as defined by 5 U.S.C. 804(2). ■ Accordingly, the amendments to 40
not take effect. EPA subsequently CFR 62.9665, published on October 26,
M. Petitions for Judicial Review received an adverse comment. This 2017 (82 FR 49511), are withdrawn
withdrawal action is being taken under effective December 26, 2017.
Under section 307(b)(1) of the CAA, sections 129 and 111(d) of the Clean Air [FR Doc. 2017–27795 Filed 12–22–17; 8:45 am]
petitions for judicial review of this Act.
BILLING CODE 6560–50–P
action must be filed in the United States DATES: The direct final rule published at
Court of Appeals for the appropriate 82 FR 49511 on October 26, 2017, is
circuit by February 26, 2018. Filing a withdrawn effective December 26, 2017. ENVIRONMENTAL PROTECTION
petition for reconsideration by the ADDRESSES: EPA has established docket AGENCY
Administrator of this final rule does not number EPA–R03–OAR–2017–0509 for
affect the finality of this rule for the this action. The index to the docket is 40 CFR Part 62
purposes of judicial review nor does it available electronically at http://
extend the time within which a petition www.regulations.gov and in hard copy [EPA–R03–OAR–2017–0484; FRL–9972–55-
for judicial review may be filed, and at Air Protection Division, U.S. Region 3]
shall not postpone the effectiveness of Environmental Protection Agency,
such rule or action. This action may not Region III, 1650 Arch Street, Approval and Promulgation of Air
be challenged later in proceedings to Philadelphia, Pennsylvania 19103. Quality Implementation Plans;
enforce its requirements (see section FOR FURTHER INFORMATION CONTACT: Mr.
Maryland; Continuous Opacity
Mike Gordon, (215) 814–2039, or by Monitoring Requirements for Municipal
307(b)(2)).
email at gordon.mike@epa.gov. Waste Combustors; Withdrawal of
List of Subjects in 40 CFR Part 52 Direct Final Rule
SUPPLEMENTARY INFORMATION:
Environmental protection, Air Philadelphia Air Management Services AGENCY: Environmental Protection
pollution control, Incorporation by submitted a negative declaration letter Agency (EPA).
reference, Intergovernmental relations, to EPA certifying on March 28, 2012 ACTION: Withdrawal of direct final rule.
Interstate transport, Particulate matter, that there are no SSI units subject to the
Reporting and recordkeeping requirements of sections 111(d) and 129 SUMMARY: Due to the receipt of an
requirements. of the CAA in its respective air adverse comment, the Environmental
pollution control jurisdiction. The Protection Agency (EPA) is withdrawing
Authority: 42 U.S.C. 7401 et seq. negative declaration letter and EPA’s the November 6, 2017 direct final rule
Dated: December 11, 2017. technical support document for this (DFR) that approved revisions to the
State of Maryland’s Clean Air Act (CAA)
ethrower on DSK3G9T082PROD with RULES

Deborah A. Szaro, action are available in the docket for
this rulemaking and available online at section 111(d)/129 State Plan for
Acting Regional Administrator, EPA New
England.
www.regulations.gov. municipal waste combustors (MWCs).
Please see additional information The revisions contain Maryland’s
[FR Doc. 2017–27625 Filed 12–22–17; 8:45 am]
provided in the direct final action amendments to Regulations .07 and .08
BILLING CODE 6560–50–P published in the Federal Register on under the Code of Maryland Regulations
October 26, 2017 (82 FR 49511) and in (COMAR) 26.11.08. This withdrawal

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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60873

action is being taken under sections 129 Dated: December 15, 2017. (CBI) or other information whose
and 111(d) of the CAA. Cosmo Servidio, disclosure is restricted by statute.
Regional Administrator, Region III. Certain other material, such as
DATES: The direct final rule published at copyrighted material, is not placed on
82 FR 51350 on November 6, 2017 is ■ Accordingly, the amendments to 40
CFR 62.5110 and 40 CFR 62.5112, the internet and will be publicly
withdrawn effective December 26, 2017. available only in hard copy form.
published on November 6, 2017 (82 FR
ADDRESSES: EPA has established docket 51350), are withdrawn effective Publicly available docket materials are
number EPA–R03–OAR–2017–0484 for December 26, 2017. available either electronically through
this action. The index to the docket is http://www.regulations.gov, or in hard
[FR Doc. 2017–27796 Filed 12–22–17; 8:45 am]
available electronically at http:// copy at the EPA Docket Center, EPA
BILLING CODE 6560–50–P WJC West Building, Room Number
www.regulations.gov and in hard copy
at Air Protection Division, U.S. 3334, 1301 Constitution Ave. NW,
Environmental Protection Agency, Washington, DC. The Public Reading
ENVIRONMENTAL PROTECTION
Region III, 1650 Arch Street, Room hours of operation are 8:30 a.m.
AGENCY
Philadelphia, Pennsylvania 19103. to 4:30 p.m. Eastern Standard Time
40 CFR Part 63 (EST), Monday through Friday. The
FOR FURTHER INFORMATION CONTACT: telephone number for the Public
Emily Linn, (215) 814–5273, or by email [EPA–HQ–OAR–2010–1042; FRL–9972–44– Reading Room is (202) 566–1744, and
at linn.emily@epa.gov. OAR] the telephone number for the Docket
RIN 2060–AT13 Center is (202) 566–1742.
SUPPLEMENTARY INFORMATION: On May
FOR FURTHER INFORMATION CONTACT: For
10, 2016, the State of Maryland
National Emission Standards for questions about this final action, contact
submitted a formal revision (MD
Hazardous Air Pollutants for Wool Mr. Brian Storey, Sector Policies and
Submittal #16–05) to its CAA section
Fiberglass Manufacturing; Rotary Spin Programs Division (D243–04), Office of
111(d)/129 State Plan for MWCs. The
Lines Technology Review and Air Quality Planning and Standards,
revisions contain Maryland’s
Revision of Flame Attenuation Lines U.S. Environmental Protection Agency,
amendments to COMAR 26.11.08, Standards Research Triangle Park, North Carolina
‘‘Requirements for an Existing Large 27711; telephone number: (919) 541–
MWC with a Capacity Greater Than 250 AGENCY: Environmental Protection 1103; fax number: (919) 541–4991; and
Tons Per Day.’’ These amendments Agency (EPA). email address: storey.brian@epa.gov.
update the MWC references to opacity ACTION: Final rule. For information about the applicability
compliance previously made by the of the NESHAP to a particular entity,
Maryland Department of the SUMMARY: This action completes the
contact Ms. Sara Ayres, Office of
Environment. The Maryland state final residual risk and technology
Enforcement and Compliance
submittal is available in the docket for reviews (RTR) that the Environmental
Assurance, U.S. Environmental
this rulemaking and available online at Protection Agency (EPA) conducted for
Protection Agency, EPA WJC South
www.regulations.gov. the Wool Fiberglass Manufacturing
Building, 1200 Pennsylvania Ave. NW,
source category regulated under the
Please see additional information Washington, DC 20460; telephone
national emission standards for
provided in the direct final action number: (312) 353–6266; and email
hazardous air pollutants (NESHAP). In
published in the Federal Register on address: ayres.sara @epa.gov.
this action, the EPA is readopting the
November 6, 2017 (82 FR 51350) and in existing emission limits for SUPPLEMENTARY INFORMATION:
the companion proposed rule which formaldehyde, establishing emission Preamble acronyms and
was also published on November 6, limits for methanol, and a work practice abbreviations. We use multiple
2017 (82 FR 51380). In the DFR, we standard for phenol emissions from acronyms and terms in this preamble.
stated that if we received adverse bonded rotary spin (RS) lines at wool While this list may not be exhaustive, to
comment by December 6, 2017, the rule fiberglass manufacturing facilities. In ease the reading of this preamble and for
would be withdrawn and not take effect. addition, the EPA is revising the reference purposes, the EPA defines the
EPA subsequently received an adverse emission standards promulgated on July following terms and acronyms here:
comment. As a result of the comment 29, 2015, for flame attenuation (FA) BDL below the detection limit
received, EPA is withdrawing the DFR lines at wool fiberglass manufacturing CAA Clean Air Act
approving the revisions submitted by facilities by creating three subcategories CBI confidential business information
CD–ROM Compact Disc Read-Only Memory
the State of Maryland to their CAA of FA lines and establishing emission CDX Central Data Exchange
section 111(d)/129 State Plan for MWCs. limits for formaldehyde and methanol CFR Code of Federal Regulations
EPA will address the comment received emissions, and either emission limits or EPA Environmental Protection Agency
in a subsequent final action based upon work practice standards for phenol ERT Electronic Reporting Tool
the proposed action also published on emissions for each subcategory of FA FA flame attenuation
November 6, 2017. EPA will not lines. FR Federal Register
HAP hazardous air pollutants(s)
institute a second comment period on DATES: This final rule is effective on ICR information collection request
this action. December 26, 2017. lbs/ton pounds per ton
List of Subjects in 40 CFR Part 62 ADDRESSES: The EPA has established a MACT maximum achievable control
technology
ethrower on DSK3G9T082PROD with RULES

docket for this action under Docket ID
Environmental protection, Air NESHAP national emission standards for
No. EPA–HQ–OAR–2010–1042. All
hazardous air pollutants
pollution control, Carbon monoxide, documents in the docket are listed on NTTAA National Technology Transfer and
Intergovernmental relations, Lead, the http://www.regulations.gov website. Advancement Act
Nitrogen dioxide, Particulate matter, Although listed in the index, some OMB Office of Management and Budget
Reporting and recordkeeping information is not publicly available, PF phenol-formaldehyde
requirements, Sulfur oxides. e.g., confidential business information ppmv parts per million by volume

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Document Created: 2017-12-23 03:07:27
Document Modified: 2017-12-23 03:07:27

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		Withdrawal of direct final rule.
Dates		The direct final rule published at 82 FR 51350 on November 6, 2017 is withdrawn effective December 26, 2017.
Contact		Emily Linn, (215) 814-5273, or by email at [email protected]
FR Citation		82 FR 60872
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides