83_FR_13252 83 FR 13192 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology for Cement Kilns, Revisions to Portland Cement Manufacturing Plant and Natural Gas Compression Station Regulations, and Removal of Nitrogen Oxides Reduction and Trading Program Replaced by Other Programs and Regulations

83 FR 13192 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology for Cement Kilns, Revisions to Portland Cement Manufacturing Plant and Natural Gas Compression Station Regulations, and Removal of Nitrogen Oxides Reduction and Trading Program Replaced by Other Programs and Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13192-13196
FR Document2018-06129

The Environmental Protection Agency (EPA) is approving state implementation plan (SIP) revisions submitted by the State of Maryland. The revisions pertain to reasonably available control technology (RACT) for cement kilns, revisions to and recodification of certain provisions for Portland cement manufacturing plants (cement plants) and internal combustion (IC) engines at natural gas compression stations, and removal of the obsolete Nitrogen Oxides (NO<INF>X</INF>) Reduction and Trading Program that has been replaced by other trading programs or addressed in other regulations. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13192-13196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06129]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0309; FRL-9975-82--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology for Cement Kilns, 
Revisions to Portland Cement Manufacturing Plant and Natural Gas 
Compression Station Regulations, and Removal of Nitrogen Oxides 
Reduction and Trading Program Replaced by Other Programs and 
Regulations

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 Maryland. 
The revisions pertain to reasonably available control technology (RACT) 
for cement kilns, revisions to and recodification of certain provisions 
for Portland cement manufacturing plants (cement plants) and internal 
combustion (IC) engines at natural gas compression stations, and 
removal of the obsolete Nitrogen Oxides (NOX) Reduction and 
Trading Program that has been replaced by other trading programs or 
addressed in other regulations. EPA is approving these revisions in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 27, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0309. All documents in the docket are listed on 
the http://www.regulations.gov website. 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 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 13, 2017, (82 FR 52259), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of revisions to Maryland regulations pertaining to 
RACT for cement kilns, revisions to and recodification of certain 
provisions for Portland cement plants and IC engines at natural gas 
compression stations, and removal of the obsolete NOX 
Reduction and Trading Program that has been replaced by other trading 
programs or addressed in other regulations. The formal SIP revision 
(Maryland SIP #15-04) was submitted on November 24, 2015 by the State 
of Maryland, through the Maryland Department of the Environment (MDE), 
for approval into the Maryland SIP.
    The submission is comprised of three State actions pertaining to 
amendments to the Code of Maryland Regulations (COMAR) 26.11.01.10, 
COMAR 26.11.09.08, COMAR 26.11.29, and COMAR 26.11.30. The amendments 
address the requirement for NOX RACT for cement kilns for 
the 2008 ozone national ambient air quality standards (NAAQS), the 
removal of COMAR provisions related to the obsolete NOX 
Budget Trading Program under the NOX SIP Call \1\ (that has 
been replaced by other trading programs), the consolidation of all 
existing and new requirements for cement kilns into one COMAR 
regulation, the consolidation of all existing and new requirements for 
IC engines into one COMAR regulation, the addition of new particulate 
matter (PM) monitoring requirements, and the addition of an alternate 
monitoring option for visible emissions at cement kilns. On February 
17, 2017, MDE provided a letter to EPA clarifying the NOX 
RACT limits and withdrawing from EPA's consideration a provision of its 
regulation for natural gas compression stations.
---------------------------------------------------------------------------

    \1\ See Finding of Significant Contribution and Rulemaking for 
Certain States in the Ozone Transport Assessment Group Region for 
Purposes of Reducing Regional Transport of Ozone, 63 FR 57371 
(October 27, 1998).
---------------------------------------------------------------------------

    As explained in the NPR, three areas or portions of areas in 
Maryland were designated as nonattainment under the 2008 ozone NAAQS 
(77 FR 30088, May 21, 2012). Under section 182 of the CAA, states must 
review and revise the RACT requirements in their SIP to ensure that 
these requirements would still be considered RACT under the new, more 
stringent NAAQS. Major stationary sources \2\ of ozone precursor

[[Page 13193]]

emissions located in ozone nonattainment areas classified as moderate 
and above (and sources located in the Ozone Transport Region (OTR), of 
which the entire state of Maryland is a part) are subject to RACT 
requirements. See sections 182(b)(2) and 184(b)(2) of the CAA. Section 
182(f) of the CAA specifically requires RACT for major stationary 
sources of NOX. The cement kilns in Maryland are major 
stationary sources of NOX and are therefore required to be 
evaluated for NOX RACT under the 2008 ozone NAAQS.
---------------------------------------------------------------------------

    \2\ A major stationary source of NOX in a marginal or 
moderate ozone nonattainment area, or in an ozone transport region, 
is a source that emits or has the potential to emit 100 tons of 
NOX.
---------------------------------------------------------------------------

    The NOX Budget Trading Program was established under the 
NOX SIP Call to allow electric generating units (EGUs) 
greater than 25 megawatts and industrial non-electric generating units 
(or non-EGUs) with a rated heat input greater than 250 million British 
thermal units per hour (MMBtu/hr) (referred to as large non-EGUs) to 
participate in a regional NOX cap and trade program. The 
NOX SIP call also established NOX reduction 
requirements for other non-EGUs that were not a part of the 
NOX Budget Trading Program, including cement kilns and 
stationary IC engines. Maryland regulations COMAR 26.11.29--
NOX Reduction Requirements and Trading Program and COMAR 
26.11.30--Policies and Procedures Relating to Maryland's NOX 
Reduction and Trading Program, were previously approved into the 
Maryland SIP to implement the NOX Budget Trading Program and 
allowed EGUs and large non-EGUs in the state to participate in the 
regional NOX cap and trade program established under EPA's 
NOX SIP Call. COMAR 26.11.29 also included NOX 
reductions, monitoring, and recordkeeping requirements for cement kilns 
and IC engines.
    EPA discontinued administration of the NOX Budget 
Trading Program in 2009 upon the start of the Clean Air Interstate Rule 
(CAIR) trading programs.\3\ The NOX SIP Call requirements 
continued to apply, and EGUs that were previously trading under the 
NOX Budget Trading Program continued to meet NOX 
SIP Call requirements under the more stringent requirements of the CAIR 
ozone season trading program. Large non-EGUs were not addressed in 
CAIR. Therefore, states needed to assess their state requirements and 
take regulatory action as necessary to ensure that all their non-EGU 
obligations continued to be met. After EPA discontinued the 
NOX Budget Trading Program, Maryland's EGU obligations under 
the NOX SIP Call continued to be addressed in Maryland 
regulation COMAR 26.11.28--Clean Air Interstate Rule and later in 
CSAPR. Maryland's large non-EGU reduction requirements are largely 
addressed in separate rulemaking actions under other COMAR regulations 
and discussed in more detail in the NPR for this rulemaking.
---------------------------------------------------------------------------

    \3\ CAIR was subsequently vacated and remanded. See North 
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified by 550 F.3d 
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air 
Pollution Rule (CSAPR) (76 FR 48208, August 8, 2011), which, after 
legal challenges, was implemented starting in January 2015.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    Revised COMAR 26.11.30 establishes a limit of 3.4 pounds (lbs) of 
NOX per ton of clinker (lbs NOX/ton of clinker) 
for long, dry kilns, and 2.4 lbs NOX/ton of clinker for pre-
calciner kilns. Maryland's November 13, 2015 submittal explained that 
NOX RACT for cement kilns, which are major stationary 
sources of NOX subject to RACT requirements, was established 
consistent with the Ozone Transport Commission (OTC) recommended RACT 
requirements for the 2008 ozone NAAQS. The 2007 OTC Technical Support 
Document on Identification and Evaluation of Candidate Control Measures 
\4\ (OTC TSD) recommended NOX emission rates for cement 
kilns based on applying a 60 percent reduction to uncontrolled 
emissions. Maryland's February 17, 2017 supplemental submission 
provided additional clarification on the justification for the 
NOX RACT limits for the cement kilns. MDE also provided an 
estimate of costs to comply with the revised NOX rates for 
cement kilns, including the costs to install selective non-catalytic 
reduction (SNCR) controls to meet the more stringent NOX 
rate limits established by its May 21, 2010 regulatory action and the 
additional costs to increase the amount of reagent used in the SNCR to 
meet the requirements in its July 10, 2015 action further lowering the 
NOX emission rate.
---------------------------------------------------------------------------

    \4\ See Finding of Significant Contribution and Rulemaking for 
Certain States in the Ozone Transport Assessment Group Region for 
Purposes of Reducing Regional Transport of Ozone, 63 FR 57371 
(October 27, 1998).
---------------------------------------------------------------------------

    EPA agrees with Maryland's determination of NOX RACT for 
cement kilns for the 2008 ozone NAAQS, based on our analysis of the 
cost effectiveness associated with installation of SNCR, the cost 
effectiveness for additional operating costs for the increase in 
ammonia use, as well as the technological considerations involved with 
further increasing the amount of ammonia used.
    The November 24, 2015 SIP revision submittal also included several 
state regulatory actions for inclusion into the Maryland SIP. On May 
21, 2010, Maryland repealed COMAR 26.11.29 and COMAR 26.11.30, with a 
State effective date of May 31, 2010. The requirements for certain 
large non-electric generating units (EGUs), cement kilns, and IC 
engines pursuant to the NOX SIP Call continue to apply, as 
explained in the NPR and noted previously. Therefore, Maryland 
recodified certain portions of the Portland cement plant and natural 
gas compression station provisions (formerly found at COMAR 
26.11.29.15) into new COMAR 26.11.29 (with a State effective date of 
July 20, 2015), retitled NOX Reduction Requirements for Non-
Electric Generating Units. The cement kiln provisions necessary to 
address the NOX SIP Call requirements were revised to add a 
compliance date of April 1, 2017 for the existing NOX 
emission rate limits in the regulation and to remove an alternative 
control method.
    COMAR 26.11.30 formerly included large non-EGUs as participants in 
the NOX Reduction and Trading Program and established an 
ozone season allocation of 947 tons of NOX for the large 
non-EGUs at the only kraft pulp mill located in Maryland. With repeal 
of the NOX Reduction and Trading Program, Maryland modified 
its kraft pulp mill regulation in COMAR 26.11.14.07 to limit 
NOX emissions from fuel burning equipment at kraft pulp 
mills to 947 tons per year (matching the ozone season allocation 
formerly in COMAR 26.11.30). Maryland is currently in the process of 
developing regulations for inclusion in the SIP amending the State's 
provisions for kraft pulp mills for addressing NOX SIP Call 
obligations and also addressing the State's ongoing NOX SIP 
Call obligations with respect to other large non-EGUs.
    Other specific requirements of the revised Maryland COMAR 
regulations and the rationale for EPA's proposed action are explained 
in the NPR and the technical support document (TSD) for the NPR 
(available in the docket for this rulemaking at www.regulations.gov) 
and will not be restated here.

III. Public Comments and EPA's Response

    EPA received two public comments on our November 13, 2017 action 
proposing to approve Maryland's SIP submittal of November 24, 2015, as 
supplemented on February 17, 2017.

[[Page 13194]]

    Comment 1--The commenter provided statements relating to greenhouse 
gases and climate change.
    EPA Response to Comment 1--This comment is not relevant to this 
rulemaking action. This action pertains to RACT for cement kilns, 
recodification of provisions for Portland cement plants and IC engines 
at natural gas compression stations, and removal of obsolete trading 
programs that have been replaced or addressed in other regulations.
    Comment 2--The commenter expressed concern over unnecessary and 
burdensome regulations, the regulatory process, and the associated 
costs of regulations, particularly those issued by EPA.
    EPA Response to Comment 2--As the comment is neither supportive of, 
critical of, nor specific to this action, no response is provided. This 
action pertains to RACT for cement kilns, recodification of provisions 
for Portland cement plants and IC engines at natural gas compression 
stations, and removal of obsolete trading programs that have been 
replaced or addressed in other regulations.

IV. Final Action

    EPA has reviewed the Maryland SIP revision submittal of November 
24, 2015, as supplemented on February 17, 2017, seeking approval of 
revisions to Maryland regulations that establish RACT for cement kilns 
for the 2008 ozone NAAQS in accordance with requirements in CAA 
sections 172, 182 and 184, recodifies provisions for Portland cement 
plants and IC engines at natural gas compression stations, and removes 
the NOX Budget Trading Program that has been replaced by 
other trading programs or addressed in other regulations. EPA is 
approving the submittal as a revision to the Maryland SIP in accordance 
with CAA section 110.

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 by reference of the revisions 
to Maryland regulations COMAR 26.11.01.10, COMAR 26.11.09.08, COMAR 
26.11.29, and COMAR 26.11.30 as discussed in section I of this final 
action. EPA has made, and will continue to make, these materials 
generally available through http://www.regulations.gov and at the EPA 
Region III Office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information). 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.\5\
---------------------------------------------------------------------------

    \5\ 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 May 29, 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.
    This action approving Maryland RACT for cement kilns, removal of 
Maryland regulations for obsolete trading programs, and recodification 
of provisions related to cement plants and IC engines at natural gas 
compression stations may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

[[Page 13195]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: March 6, 2018.
Cosmo Servidio,
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. In Sec.  52.1070, the table in paragraph (c) is amended by:
0
a. Revising under subheading ``26.11.01 General Administrative 
Provisions'' the entry ``26.11.01.10''.
0
b. Revising under subheading ``26.11.09 Control of Fuel Burning 
Equipment, Stationary Internal Combustion Engines, and Certain Fuel-
Burning Installations'' the entry ``26.11.09.08''.
0
c. Removing the subheading ``26.11.29 NOX Reduction and 
Trading Program'' and the entries ``26.11.29.01'' through 
``26.11.29.15''.
0
d. Adding the subheading ``26.11.29 Control of NOX Emissions 
from Natural Gas Pipeline Stations'' and the entries ``26.11.29.01'' 
through ``26.11.29.04''.
0
e. Removing the subheading ``26.11.30 Policies and Procedures Relating 
to Maryland's NOX Reduction and Trading Program'' and the 
entries ``26.11.30.01'' through ``26.11.30.09''.
0
f. Adding the subheading ``26.11.30 Control of Portland Cement 
Manufacturing Plants'' and the entries ``26.11.30.01'' through 
``26.11.30.08''.
    The additions and revision read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

                 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
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.01.10................  Continuous Opacity          7/20/2015  3/28/2018, [insert     1. (c)(106)
                              Monitoring.                            Federal Register       Requirement to use
                                                                     citation].             TM 90-01 is removed.
                                                                                            Exceptions: A(4),
                                                                                            B(4), D(2)(c), and
                                                                                            F.
                                                                                           2. Add new subsection
                                                                                            (A)(5).
                                                                                           3. Add new subsection
                                                                                            F.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.09.08................  Control of NOX              7/20/2015  3/28/2018, [insert     1. Revise H, H(1) and
                              Emissions for Major                    Federal Register       H(3), remove H(2),
                              Stationary Sources.                    citation].             and recodify H(4) to
                                                                                            H(3).
                                                                                           2. Revise I and
                                                                                            remove I(3) and
                                                                                            I(4).
                                                                                           Previous approval (81
                                                                                            FR 59488).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       26.11.29 Control of NO Emissions from Natural Gas Pipeline Stations
----------------------------------------------------------------------------------------------------------------
26.11.29.01................  Definitions..........       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.29.02................  Applicability and           7/20/2015  3/28/2018, [insert
                              General Requirements.                  Federal Register
                                                                     citation].
26.11.29.03................  Monitoring                  7/20/2015  3/28/2018, [insert
                              Requirements.                          Federal Register
                                                                     citation].
26.11.29.04................  Demonstrating               7/20/2015  3/28/2018, [insert
                              Compliance.                            Federal Register
                                                                     citation].
----------------------------------------------------------------------------------------------------------------
                            26.11.30 Control of Portland Cement Manufacturing Plants
----------------------------------------------------------------------------------------------------------------
26.11.30.01................  Scope................       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.02................  Applicability........       7/20/2015  3/28/2018 [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.03................  Definitions..........       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.04................  Particulate Matter...       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.05................  Visible Emissions           7/20/2015  3/28/2018, [insert
                              Standards.                             Federal Register
                                                                     citation].

[[Page 13196]]

 
26.11.30.06................  Sulfur Compounds.....       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.07................  Nitrogen Oxides (NOX)       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.08................  NOX Continuous              7/20/2015  3/28/2018, [insert
                              Emissions Monitoring                   Federal Register
                              Requirements.                          citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-06129 Filed 3-27-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             13192            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                             ■ b. Adding paragraphs (c)(388)(i)(B)(6),               ENVIRONMENTAL PROTECTION                              I. Background
                                             (7) and (8);                                            AGENCY                                       On November 13, 2017, (82 FR
                                             ■ c. Adding paragraph (c)(388)(i)(H);                                                             52259), EPA published a notice of
                                                                                                     40 CFR Part 52
                                             and                                                                                               proposed rulemaking (NPR) for the State
                                             ■ d. Adding paragraph (c)(485)(i)(B).                                                             of Maryland. In the NPR, EPA proposed
                                                                                                     [EPA–R03–OAR–2016–0309; FRL–9975–
                                                                                                                                               approval of revisions to Maryland
                                               The additions and revisions read as                   82—Region 3]
                                                                                                                                               regulations pertaining to RACT for
                                             follows:                                                                                          cement kilns, revisions to and
                                                                                                     Approval and Promulgation of Air
                                             § 52.220   Identification of plan—in part.              Quality Implementation Plans;             recodification of certain provisions for
                                                                                                     Maryland; Reasonably Available            Portland cement plants and IC engines
                                             *      *     *     *     *                                                                        at natural gas compression stations, and
                                                                                                     Control Technology for Cement Kilns,
                                                (c) * * *                                            Revisions to Portland Cement              removal of the obsolete NOX Reduction
                                                (279) * * *                                          Manufacturing Plant and Natural Gas       and Trading Program that has been
                                                (i) * * *                                            Compression Station Regulations, and replaced by other trading programs or
                                                                                                     Removal of Nitrogen Oxides Reduction addressed in other regulations. The
                                                (A) * * *                                            and Trading Program Replaced by           formal SIP revision (Maryland SIP #15–
                                                (16) Previously approved on January                  Other Programs and Regulations            04) was submitted on November 24,
                                             3, 2007 in paragraph (c)(279)(i)(A)(14) of                                                        2015 by the State of Maryland, through
                                                                                                     AGENCY: Environmental Protection          the Maryland Department of the
                                             this section and now deleted with
                                                                                                     Agency (EPA).                             Environment (MDE), for approval into
                                             replacement in paragraph
                                             (c)(442)(i)(A)(5) of this section, Rule                 ACTION: Final rule.                       the Maryland SIP.
                                             206.                                                                                                 The submission is comprised of three
                                                                                                     SUMMARY: The Environmental Protection State actions pertaining to amendments
                                             *      *     *     *     *                              Agency (EPA) is approving state           to the Code of Maryland Regulations
                                                (388) * * *                                          implementation plan (SIP) revisions       (COMAR) 26.11.01.10, COMAR
                                                                                                     submitted by the State of Maryland. The 26.11.09.08, COMAR 26.11.29, and
                                                (i) * * *                                            revisions pertain to reasonably available COMAR 26.11.30. The amendments
                                                (B) * * *                                            control technology (RACT) for cement      address the requirement for NOX RACT
                                                (6) Rule 4570, ‘‘Confined Animal                     kilns, revisions to and recodification of for cement kilns for the 2008 ozone
                                             Facilities,’’ amended on October 21,                    certain provisions for Portland cement    national ambient air quality standards
                                             2010.                                                   manufacturing plants (cement plants)      (NAAQS), the removal of COMAR
                                                                                                     and internal combustion (IC) engines at   provisions related to the obsolete NOX
                                                (7) Rule 4612, ‘‘Motor Vehicle and                   natural gas compression stations, and
                                             Mobile Equipment Coating,’’ amended                                                               Budget Trading Program under the NOX
                                                                                                     removal of the obsolete Nitrogen Oxides SIP Call 1 (that has been replaced by
                                             on October 21, 2010.                                    (NOX) Reduction and Trading Program       other trading programs), the
                                                (8) Rule 4653, ‘‘Adhesives and                       that has been replaced by other trading   consolidation of all existing and new
                                             Sealants,’’ amended on September 16,                    programs or addressed in other            requirements for cement kilns into one
                                             2010.                                                   regulations. EPA is approving these       COMAR regulation, the consolidation of
                                             *      *     *     *     *                              revisions in accordance with the          all existing and new requirements for IC
                                                                                                     requirements of the Clean Air Act         engines into one COMAR regulation, the
                                                (H) Yolo-Solano Air Quality                          (CAA).                                    addition of new particulate matter (PM)
                                             Management District.
                                                                                                     DATES: This final rule is effective on    monitoring requirements, and the
                                                (1) Rule 2.43, ‘‘Biomass Boilers,’’                  April 27, 2018.                           addition of an alternate monitoring
                                             adopted on November 10, 2010.                                                                     option for visible emissions at cement
                                                                                                     ADDRESSES: EPA has established a
                                             *      *     *     *     *                              docket for this action under Docket ID    kilns. On February 17, 2017, MDE
                                                (485) * * *                                          Number EPA–R03–OAR–2016–0309. All provided a letter to EPA clarifying the
                                                                                                     documents in the docket are listed on     NOX RACT limits and withdrawing
                                                (i) * * *                                                                                      from   EPA’s consideration a provision of
                                                                                                     the http://www.regulations.gov website.
                                                (B) Mojave Desert Air Quality                        Although listed in the index, some        its regulation for natural gas
                                             Management District.                                    information is not publicly available,    compression stations.
                                                                                                     e.g., confidential business information      As explained in the NPR, three areas
                                                (1) Rule 1118, ‘‘Aerospace Assembly,
                                                                                                     (CBI) or other information whose          or  portions of areas in Maryland were
                                             Rework and Component Manufacturing
                                                                                                     disclosure is restricted by statute.      designated as nonattainment under the
                                             Operations,’’ amended on October 26,                                                              2008 ozone NAAQS (77 FR 30088, May
                                             2015.                                                   Certain other material, such as
                                                                                                     copyrighted material, is not placed on    21, 2012). Under section 182 of the
                                             *      *     *     *     *                                                                        CAA, states must review and revise the
                                             [FR Doc. 2018–06126 Filed 3–27–18; 8:45 am]
                                                                                                     the internet and will be publicly
                                                                                                     available only in hard copy form.         RACT requirements in their SIP to
                                             BILLING CODE 6560–50–P
                                                                                                     Publicly available docket materials are   ensure that these requirements would
                                                                                                     available through http://                 still be considered RACT under the
                                                                                                     www.regulations.gov, or please contact    new, more stringent NAAQS. Major
                                                                                                     the person identified in the FOR FURTHER stationary sources of ozone precursor
                                                                                                                                                                       2
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                                                                                                     INFORMATION CONTACT section for             1 See Finding of Significant Contribution and
                                                                                                     additional availability information.      Rulemaking for Certain States in the Ozone
                                                                                                     FOR FURTHER INFORMATION CONTACT:          Transport Assessment Group Region for Purposes of
                                                                                                     Marilyn Powers, (215) 814–2308, or by     Reducing Regional Transport of Ozone, 63 FR
                                                                                                                                               57371 (October 27, 1998).
                                                                                                     email at powers.marilyn@epa.gov.            2 A major stationary source of NO in a marginal
                                                                                                                                                                                   X
                                                                                                     SUPPLEMENTARY INFORMATION:                or moderate ozone nonattainment area, or in an



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                                                              Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations                                         13193

                                             emissions located in ozone                              requirements and take regulatory action               with further increasing the amount of
                                             nonattainment areas classified as                       as necessary to ensure that all their non-            ammonia used.
                                             moderate and above (and sources                         EGU obligations continued to be met.                     The November 24, 2015 SIP revision
                                             located in the Ozone Transport Region                   After EPA discontinued the NOX Budget                 submittal also included several state
                                             (OTR), of which the entire state of                     Trading Program, Maryland’s EGU                       regulatory actions for inclusion into the
                                             Maryland is a part) are subject to RACT                 obligations under the NOX SIP Call                    Maryland SIP. On May 21, 2010,
                                             requirements. See sections 182(b)(2) and                continued to be addressed in Maryland                 Maryland repealed COMAR 26.11.29
                                             184(b)(2) of the CAA. Section 182(f) of                 regulation COMAR 26.11.28—Clean Air                   and COMAR 26.11.30, with a State
                                             the CAA specifically requires RACT for                  Interstate Rule and later in CSAPR.                   effective date of May 31, 2010. The
                                             major stationary sources of NOX. The                    Maryland’s large non-EGU reduction                    requirements for certain large non-
                                             cement kilns in Maryland are major                      requirements are largely addressed in                 electric generating units (EGUs), cement
                                             stationary sources of NOX and are                       separate rulemaking actions under other               kilns, and IC engines pursuant to the
                                             therefore required to be evaluated for                  COMAR regulations and discussed in                    NOX SIP Call continue to apply, as
                                             NOX RACT under the 2008 ozone                           more detail in the NPR for this                       explained in the NPR and noted
                                             NAAQS.                                                  rulemaking.                                           previously. Therefore, Maryland
                                                The NOX Budget Trading Program
                                                                                                     II. Summary of SIP Revision and EPA                   recodified certain portions of the
                                             was established under the NOX SIP Call
                                                                                                     Analysis                                              Portland cement plant and natural gas
                                             to allow electric generating units (EGUs)
                                                                                                                                                           compression station provisions
                                             greater than 25 megawatts and                              Revised COMAR 26.11.30 establishes                 (formerly found at COMAR 26.11.29.15)
                                             industrial non-electric generating units                a limit of 3.4 pounds (lbs) of NOX per                into new COMAR 26.11.29 (with a State
                                             (or non-EGUs) with a rated heat input                   ton of clinker (lbs NOX/ton of clinker)               effective date of July 20, 2015), retitled
                                             greater than 250 million British thermal                for long, dry kilns, and 2.4 lbs NOX/ton              NOX Reduction Requirements for Non-
                                             units per hour (MMBtu/hr) (referred to                  of clinker for pre-calciner kilns.                    Electric Generating Units. The cement
                                             as large non-EGUs) to participate in a                  Maryland’s November 13, 2015                          kiln provisions necessary to address the
                                             regional NOX cap and trade program.                     submittal explained that NOX RACT for                 NOX SIP Call requirements were revised
                                             The NOX SIP call also established NOX                   cement kilns, which are major                         to add a compliance date of April 1,
                                             reduction requirements for other non-                   stationary sources of NOX subject to                  2017 for the existing NOX emission rate
                                             EGUs that were not a part of the NOX                    RACT requirements, was established                    limits in the regulation and to remove
                                             Budget Trading Program, including                       consistent with the Ozone Transport                   an alternative control method.
                                             cement kilns and stationary IC engines.                 Commission (OTC) recommended RACT
                                             Maryland regulations COMAR                              requirements for the 2008 ozone                          COMAR 26.11.30 formerly included
                                             26.11.29—NOX Reduction Requirements                     NAAQS. The 2007 OTC Technical                         large non-EGUs as participants in the
                                             and Trading Program and COMAR                           Support Document on Identification                    NOX Reduction and Trading Program
                                             26.11.30—Policies and Procedures                        and Evaluation of Candidate Control                   and established an ozone season
                                             Relating to Maryland’s NOX Reduction                    Measures 4 (OTC TSD) recommended                      allocation of 947 tons of NOX for the
                                             and Trading Program, were previously                    NOX emission rates for cement kilns                   large non-EGUs at the only kraft pulp
                                             approved into the Maryland SIP to                       based on applying a 60 percent                        mill located in Maryland. With repeal of
                                             implement the NOX Budget Trading                        reduction to uncontrolled emissions.                  the NOX Reduction and Trading
                                             Program and allowed EGUs and large                      Maryland’s February 17, 2017                          Program, Maryland modified its kraft
                                             non-EGUs in the state to participate in                 supplemental submission provided                      pulp mill regulation in COMAR
                                             the regional NOX cap and trade program                  additional clarification on the                       26.11.14.07 to limit NOX emissions from
                                             established under EPA’s NOX SIP Call.                   justification for the NOX RACT limits                 fuel burning equipment at kraft pulp
                                             COMAR 26.11.29 also included NOX                        for the cement kilns. MDE also provided               mills to 947 tons per year (matching the
                                             reductions, monitoring, and                             an estimate of costs to comply with the               ozone season allocation formerly in
                                             recordkeeping requirements for cement                   revised NOX rates for cement kilns,                   COMAR 26.11.30). Maryland is
                                             kilns and IC engines.                                   including the costs to install selective              currently in the process of developing
                                                EPA discontinued administration of                   non-catalytic reduction (SNCR) controls               regulations for inclusion in the SIP
                                             the NOX Budget Trading Program in                       to meet the more stringent NOX rate                   amending the State’s provisions for kraft
                                             2009 upon the start of the Clean Air                    limits established by its May 21, 2010                pulp mills for addressing NOX SIP Call
                                             Interstate Rule (CAIR) trading                          regulatory action and the additional                  obligations and also addressing the
                                             programs.3 The NOX SIP Call                             costs to increase the amount of reagent               State’s ongoing NOX SIP Call obligations
                                             requirements continued to apply, and                    used in the SNCR to meet the                          with respect to other large non-EGUs.
                                             EGUs that were previously trading                       requirements in its July 10, 2015 action                 Other specific requirements of the
                                             under the NOX Budget Trading Program                    further lowering the NOX emission rate.               revised Maryland COMAR regulations
                                             continued to meet NOX SIP Call                             EPA agrees with Maryland’s                         and the rationale for EPA’s proposed
                                             requirements under the more stringent                   determination of NOX RACT for cement                  action are explained in the NPR and the
                                             requirements of the CAIR ozone season                   kilns for the 2008 ozone NAAQS, based                 technical support document (TSD) for
                                             trading program. Large non-EGUs were                    on our analysis of the cost effectiveness             the NPR (available in the docket for this
                                             not addressed in CAIR. Therefore, states                associated with installation of SNCR,                 rulemaking at www.regulations.gov) and
                                             needed to assess their state                            the cost effectiveness for additional                 will not be restated here.
                                                                                                     operating costs for the increase in
                                             ozone transport region, is a source that emits or has   ammonia use, as well as the                           III. Public Comments and EPA’s
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                                             the potential to emit 100 tons of NOX.
                                                                                                     technological considerations involved                 Response
                                               3 CAIR was subsequently vacated and remanded.

                                             See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.                                                              EPA received two public comments
                                             2008), modified by 550 F.3d 1176 (remanding               4 SeeFinding of Significant Contribution and        on our November 13, 2017 action
                                             CAIR). CAIR was replaced with the Cross-State Air       Rulemaking for Certain States in the Ozone
                                             Pollution Rule (CSAPR) (76 FR 48208, August 8,          Transport Assessment Group Region for Purposes of
                                                                                                                                                           proposing to approve Maryland’s SIP
                                             2011), which, after legal challenges, was               Reducing Regional Transport of Ozone, 63 FR           submittal of November 24, 2015, as
                                             implemented starting in January 2015.                   57371 (October 27, 1998).                             supplemented on February 17, 2017.


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                                             13194            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                                Comment 1—The commenter                              preamble for more information).                        Technology Transfer and Advancement
                                             provided statements relating to                         Therefore, these materials have been                   Act of 1995 (15 U.S.C. 272 note) because
                                             greenhouse gases and climate change.                    approved by EPA for inclusion in the                   application of those requirements would
                                                EPA Response to Comment 1—This                       SIP, have been incorporated by                         be inconsistent with the CAA; and
                                             comment is not relevant to this                         reference by EPA into that plan, are                      • Does not provide EPA with the
                                             rulemaking action. This action pertains                 fully federally enforceable under                      discretionary authority to address, as
                                             to RACT for cement kilns, recodification                sections 110 and 113 of the CAA as of                  appropriate, disproportionate human
                                             of provisions for Portland cement plants                the effective date of the final rulemaking             health or environmental effects, using
                                             and IC engines at natural gas                           of EPA’s approval, and will be                         practicable and legally permissible
                                             compression stations, and removal of                    incorporated by reference by the                       methods, under Executive Order 12898
                                             obsolete trading programs that have                     Director of the Federal Register in the                (59 FR 7629, February 16, 1994).
                                             been replaced or addressed in other                     next update to the SIP compilation.5
                                             regulations.                                                                                                      In addition, this rule does not have
                                                Comment 2—The commenter                              V. Statutory and Executive Order                       tribal implications as specified by
                                             expressed concern over unnecessary                      Reviews                                                Executive Order 13175 (65 FR 67249,
                                             and burdensome regulations, the                         A. General Requirements                                November 9, 2000), because the SIP is
                                             regulatory process, and the associated                                                                         not approved to apply in Indian country
                                                                                                        Under the CAA, the Administrator is                 located in the state, and EPA notes that
                                             costs of regulations, particularly those
                                                                                                     required to approve a SIP submission                   it will not impose substantial direct
                                             issued by EPA.
                                                                                                     that complies with the provisions of the               costs on tribal governments or preempt
                                                EPA Response to Comment 2—As the
                                                                                                     CAA and applicable federal regulations.                tribal law.
                                             comment is neither supportive of,
                                                                                                     42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             critical of, nor specific to this action, no
                                                                                                     Thus, in reviewing SIP submissions,                    B. Submission to Congress and the
                                             response is provided. This action
                                                                                                     EPA’s role is to approve state choices,                Comptroller General
                                             pertains to RACT for cement kilns,
                                                                                                     provided that they meet the criteria of
                                             recodification of provisions for Portland                                                                         The Congressional Review Act, 5
                                                                                                     the CAA. Accordingly, this action
                                             cement plants and IC engines at natural                                                                        U.S.C. 801 et seq., as added by the Small
                                                                                                     merely approves state law as meeting
                                             gas compression stations, and removal                                                                          Business Regulatory Enforcement
                                                                                                     federal requirements and does not
                                             of obsolete trading programs that have                                                                         Fairness Act of 1996, generally provides
                                                                                                     impose additional requirements beyond
                                             been replaced or addressed in other                     those imposed by state law. For that                   that before a rule may take effect, the
                                             regulations.                                            reason, this action:                                   agency promulgating the rule must
                                             IV. Final Action                                           • Is not a ‘‘significant regulatory                 submit a rule report, which includes a
                                                                                                     action’’ subject to review by the Office               copy of the rule, to each House of the
                                                EPA has reviewed the Maryland SIP                                                                           Congress and to the Comptroller General
                                                                                                     of Management and Budget under
                                             revision submittal of November 24,                                                                             of the United States. EPA will submit a
                                                                                                     Executive Orders 12866 (58 FR 51735,
                                             2015, as supplemented on February 17,                                                                          report containing this action and other
                                                                                                     October 4, 1993) and 13563 (76 FR 3821,
                                             2017, seeking approval of revisions to                                                                         required information to the U.S. Senate,
                                                                                                     January 21, 2011);
                                             Maryland regulations that establish                        • Is not an Executive Order 13771 (82               the U.S. House of Representatives, and
                                             RACT for cement kilns for the 2008                      FR 9339, February 2, 2017) regulatory                  the Comptroller General of the United
                                             ozone NAAQS in accordance with                          action because SIP approvals are                       States prior to publication of the rule in
                                             requirements in CAA sections 172, 182                   exempted under Executive Order 12866.                  the Federal Register. A major rule
                                             and 184, recodifies provisions for                         • Does not impose an information                    cannot take effect until 60 days after it
                                             Portland cement plants and IC engines                   collection burden under the provisions                 is published in the Federal Register.
                                             at natural gas compression stations, and                of the Paperwork Reduction Act (44                     This action is not a ‘‘major rule’’ as
                                             removes the NOX Budget Trading                          U.S.C. 3501 et seq.);                                  defined by 5 U.S.C. 804(2).
                                             Program that has been replaced by other                    • Is certified as not having a
                                             trading programs or addressed in other                  significant economic impact on a                       C. Petitions for Judicial Review
                                             regulations. EPA is approving the                       substantial number of small entities                      Under section 307(b)(1) of the CAA,
                                             submittal as a revision to the Maryland                 under the Regulatory Flexibility Act (5                petitions for judicial review of this
                                             SIP in accordance with CAA section                      U.S.C. 601 et seq.);                                   action must be filed in the United States
                                             110.                                                       • Does not contain any unfunded                     Court of Appeals for the appropriate
                                             IV. Incorporation by Reference                          mandate or significantly or uniquely                   circuit by May 29, 2018. Filing a
                                                                                                     affect small governments, as described                 petition for reconsideration by the
                                               In this rule, EPA is finalizing                       in the Unfunded Mandates Reform Act
                                             regulatory text that includes                                                                                  Administrator of this final rule does not
                                                                                                     of 1995 (Pub. L. 104–4);                               affect the finality of this action for the
                                             incorporation by reference. In                             • Does not have federalism
                                             accordance with requirements of 1 CFR                                                                          purposes of judicial review nor does it
                                                                                                     implications as specified in Executive                 extend the time within which a petition
                                             51.5, EPA is finalizing the incorporation               Order 13132 (64 FR 43255, August 10,
                                             by reference of the revisions to                                                                               for judicial review may be filed, and
                                                                                                     1999);                                                 shall not postpone the effectiveness of
                                             Maryland regulations COMAR                                 • Is not an economically significant
                                             26.11.01.10, COMAR 26.11.09.08,                                                                                such rule or action.
                                                                                                     regulatory action based on health or
                                             COMAR 26.11.29, and COMAR 26.11.30                      safety risks subject to Executive Order                   This action approving Maryland
                                             as discussed in section I of this final                 13045 (62 FR 19885, April 23, 1997);                   RACT for cement kilns, removal of
                                             action. EPA has made, and will                             • Is not a significant regulatory action            Maryland regulations for obsolete
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                                             continue to make, these materials                       subject to Executive Order 13211 (66 FR                trading programs, and recodification of
                                             generally available through http://                     28355, May 22, 2001);                                  provisions related to cement plants and
                                             www.regulations.gov and at the EPA                         • Is not subject to requirements of                 IC engines at natural gas compression
                                             Region III Office (please contact the                   section 12(d) of the National                          stations may not be challenged later in
                                             person identified in the FOR FURTHER                                                                           proceedings to enforce its requirements.
                                             INFORMATION CONTACT section of this                       5 62   FR 27968 (May 22, 1997).                      (See section 307(b)(2)).


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                                                               Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations                                                             13195

                                             List of Subjects in 40 CFR Part 52                               Subpart V—Maryland                                      Gas Pipeline Stations’’ and the entries
                                               Environmental protection, Air                                                                                          ‘‘26.11.29.01’’ through ‘‘26.11.29.04’’.
                                                                                                              ■  2. In § 52.1070, the table in paragraph
                                             pollution control, Incorporation by                                                                                      ■ e. Removing the subheading ‘‘26.11.30
                                                                                                              (c) is amended by:
                                             reference, Nitrogen dioxide, Ozone,                                                                                      Policies and Procedures Relating to
                                                                                                              ■ a. Revising under subheading
                                             Particulate matter, Reporting and                                                                                        Maryland’s NOX Reduction and Trading
                                                                                                              ‘‘26.11.01 General Administrative
                                             recordkeeping requirements.                                                                                              Program’’ and the entries ‘‘26.11.30.01’’
                                                                                                              Provisions’’ the entry ‘‘26.11.01.10’’.
                                               Dated: March 6, 2018.                                          ■ b. Revising under subheading                          through ‘‘26.11.30.09’’.
                                             Cosmo Servidio,                                                  ‘‘26.11.09 Control of Fuel Burning                      ■ f. Adding the subheading ‘‘26.11.30
                                             Regional Administrator, Region III.                              Equipment, Stationary Internal                          Control of Portland Cement
                                                 40 CFR part 52 is amended as follows:                        Combustion Engines, and Certain Fuel-                   Manufacturing Plants’’ and the entries
                                                                                                              Burning Installations’’ the entry                       ‘‘26.11.30.01’’ through ‘‘26.11.30.08’’.
                                             PART 52—APPROVAL AND                                             ‘‘26.11.09.08’’.
                                                                                                                                                                         The additions and revision read as
                                             PROMULGATION OF                                                  ■ c. Removing the subheading ‘‘26.11.29
                                                                                                                                                                      follows:
                                             IMPLEMENTATION PLANS                                             NOX Reduction and Trading Program’’
                                                                                                              and the entries ‘‘26.11.29.01’’ through                 § 52.1070     Identification of plan.
                                             ■ 1. The authority citation for part 52                          ‘‘26.11.29.15’’.
                                             continues to read as follows:                                                                                            *       *    *         *   *
                                                                                                              ■ d. Adding the subheading ‘‘26.11.29
                                                 Authority: 42 U.S.C. 7401 et seq.                            Control of NOX Emissions from Natural                       (c) * * *

                                                               EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
                                                    Code of
                                                   Maryland                                                            State
                                                 Administrative                                                                                                                   Additional explanation/citation at 40
                                                                                 Title/subject                        effective                  EPA approval date
                                                  Regulations                                                                                                                                CFR 52.1100
                                                                                                                        date
                                                   (COMAR)
                                                    citation

                                                                                                              26.11.01      General Administrative Provisions


                                                      *                        *                                  *                      *                   *                          *                    *
                                             26.11.01.10 .......     Continuous Opacity Moni-                           7/20/2015     3/28/2018, [insert Federal Register         1. (c)(106) Requirement to use TM
                                                                      toring.                                                           citation].                                  90–01 is removed. Exceptions:
                                                                                                                                                                                    A(4), B(4), D(2)(c), and F.
                                                                                                                                                                                  2. Add new subsection (A)(5).
                                                                                                                                                                                  3. Add new subsection F.

                                                        *                           *                             *                      *                       *                       *                    *

                                                    26.11.09      Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations


                                                      *                         *                                 *                      *                   *                          *                    *
                                             26.11.09.08 .......     Control of NOX Emissions for                       7/20/2015     3/28/2018, [insert Federal Register         1. Revise H, H(1) and H(3), remove
                                                                       Major Stationary Sources.                                        citation].                                  H(2), and recodify H(4) to H(3).
                                                                                                                                                                                  2. Revise I and remove I(3) and I(4).
                                                                                                                                                                                  Previous approval (81 FR 59488).

                                                        *                           *                             *                      *                       *                       *                    *

                                                                                         26.11.29        Control of NOX Emissions from Natural Gas Pipeline Stations

                                             26.11.29.01 .......     Definitions .............................          7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].
                                             26.11.29.02 .......     Applicability and General Re-                      7/20/2015     3/28/2018,     [insert Federal Register
                                                                       quirements.                                                      citation].
                                             26.11.29.03 .......     Monitoring Requirements ......                     7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].
                                             26.11.29.04 .......     Demonstrating Compliance ...                       7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].

                                                                                                  26.11.30        Control of Portland Cement Manufacturing Plants

                                             26.11.30.01 .......     Scope ....................................         7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].
                                             26.11.30.02 .......     Applicability ...........................          7/20/2015     3/28/2018      [insert Federal Register
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                                                                                                                                        citation].
                                             26.11.30.03 .......     Definitions .............................          7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].
                                             26.11.30.04 .......     Particulate Matter ..................              7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].
                                             26.11.30.05 .......     Visible Emissions Standards                        7/20/2015     3/28/2018,     [insert Federal Register
                                                                                                                                        citation].



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                                             13196               Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                                       EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
                                                    Code of
                                                   Maryland                                                    State
                                                 Administrative                                                                                                          Additional explanation/citation at 40
                                                                                Title/subject                 effective                  EPA approval date
                                                  Regulations                                                                                                                       CFR 52.1100
                                                                                                                date
                                                   (COMAR)
                                                    citation

                                             26.11.30.06 .......     Sulfur Compounds ................          7/20/2015     3/28/2018, [insert Federal Register
                                                                                                                                citation].
                                             26.11.30.07 .......     Nitrogen Oxides (NOX) .........            7/20/2015     3/28/2018, [insert Federal Register
                                                                                                                                citation].
                                             26.11.30.08 .......     NOX Continuous Emissions                   7/20/2015     3/28/2018, [insert Federal Register
                                                                      Monitoring Requirements.                                  citation].

                                                         *                        *                       *                      *                       *                      *                   *



                                             *       *       *       *      *                           Protection Agency (EPA), Region 8,                    1995 Board Order in order to address
                                             [FR Doc. 2018–06129 Filed 3–27–18; 8:45 am]                1595 Wynkoop Street, Denver,                          the area’s nonattainment status for the
                                             BILLING CODE 6560–50–P                                     Colorado, 80202–1129. The EPA                         1978 lead National Ambient Air Quality
                                                                                                        requests that you contact the individual              Standard (NAAQS). The principal target
                                                                                                        listed in the FOR FURTHER INFORMATION                 for curtailing lead emissions was the
                                             ENVIRONMENTAL PROTECTION                                   CONTACT section to view the hard copy                 American Smelting and Refining
                                             AGENCY                                                     of the docket. You may view the hard                  Company (ASARCO) facility, which was
                                                                                                        copy of the docket Monday through                     a lead smelter located adjacent to
                                             40 CFR Part 52                                             Friday, 8:00 a.m. to 4:00 p.m., excluding             American Chemet’s East Helena facility.
                                             [EPA–R08–OAR–2017–0634; FRL–9975–                          federal holidays.                                     In addition to shutting down its
                                             63—Region 8]                                               FOR FURTHER INFORMATION CONTACT:                      operations in 2001, ASARCO
                                                                                                        Kevin Leone, Air Program, U.S.                        demolished its stacks in 2009. The EPA
                                             Approval and Promulgation of Air                           Environmental Protection Agency,                      subsequently promulgated a new, more
                                             Quality Implementation Plans; State of                     Region 8, Mailcode 8P–AR, 1595                        stringent, lead NAAQS standard (0.15
                                             Montana; Revisions to East Helena                          Wynkoop, Denver, Colorado 80202–                      ug/m3). The final lead NAAQS
                                             Lead SIP                                                   1129, (303) 312–6227, leone.kevin@                    rulemaking was published on November
                                                                                                        epa.gov.                                              12, 2008 (73 FR 66964) and effective
                                             AGENCY:  Environmental Protection
                                                                                                                                                              December 31, 2011. The entire state of
                                             Agency (EPA).                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                              Montana, including the East Helena
                                             ACTION: Final rule.                                        I. Background                                         area, was designated as ‘‘Unclassifiable/
                                                                                                                                                              Attainment’’ for the 2008 lead NAAQS.
                                             SUMMARY:    The Environmental Protection                      The EPA is taking final action
                                                                                                                                                                 In response to the DEQ’s request for
                                             Agency (EPA) is taking final action to                     pertaining to SIP revisions that stem
                                                                                                                                                              the EPA’s guidance concerning
                                             approve State Implementation Plan                          from a June 10, 2013, Montana Board of
                                                                                                                                                              modifying the 1995 Board order to
                                             (SIP) revisions submitted by the state of                  Environmental Review Order (Board
                                                                                                                                                              eliminate Exhibit A, Section 3,
                                             Montana on September 11, 2013. The                         Order) which removes a stipulated
                                                                                                                                                              Subsection B, the EPA sent a letter
                                             submittal revises the portions of the                      condition in an August 4, 1995 Board
                                                                                                                                                              dated December 18, 2009 (see docket)
                                             State Implementation Plan (SIP) that                       Order. The condition limited the
                                                                                                                                                              which outlined conditions which the
                                             pertain to the East Helena Lead SIP.                       allowable concentration of lead in raw
                                                                                                                                                              state of Montana must meet in order for
                                             This action is being taken under section                   feed material at the American Chemet
                                                                                                                                                              Exhibit A, Section 3, Subsection B to be
                                             110 of the Clean Air Act (CAA) (Act).                      Corporation’s East Helena facility.
                                                                                                                                                              removed from the East Helena lead SIP
                                             DATES: This final rule is effective on                     Specifically, American Chemet
                                                                                                                                                              and, as outlined in 83 FR 1602, those
                                             April 27, 2018.                                            requested a change to the 1995 Board
                                                                                                                                                              conditions have been met. For details,
                                             ADDRESSES: The EPA has established a
                                                                                                        Order which would eliminate Exhibit A,
                                                                                                                                                              please see the January 12, 2018 notice
                                             docket for this action under Docket                        Section 3, Subsection B. This subsection
                                                                                                                                                              proposing approval of the revision.
                                             Identification Number EPA–R08–OAR–                         reads:
                                             2017–0634. All documents in the docket                       ‘‘Feed Material into the plant shall have a         II. Response to Comments
                                             are listed on the http://                                  quarterly average lead content of less than             The EPA received two public
                                             www.regulations.gov index. Although                        0.15%, and an average annual lead content             comments on our proposed action to
                                             listed in the index, some information                      of less than 0.10%.’’                                 approve Montana’s September 11, 2013
                                             may not be publicly available, e.g.,                         All other East Helena Lead SIP                      SIP submittal. One comment was
                                             Confidential Business Information or                       provisions, including direct numerical                submitted by Neal Blossom, Director of
                                             other information whose disclosure is                      limits on lead emissions from American                Global Environmental and Regulatory
                                             restricted by statute. Certain other                       Chemet Corporation’s East Helena                      Affairs for American Chemet
                                             material, such as copyrighted material,                    facility, would remain unchanged.                     Corporation. The other comment was
daltland on DSKBBV9HB2PROD with RULES




                                             will be publicly available only in hard                      On January 12, 2018, the EPA                        submitted anonymously. Below is a
                                             copy. Publicly available docket                            published a proposed rulemaking for                   summary of the comments and the
                                             materials are available either                             this action (83 FR 1602). The proposed                EPA’s responses.
                                             electronically through http://                             rulemaking discussed the history of the                 Comment: American Chemet
                                             www.regulations.gov or in hard copy at                     East Helena lead SIP, including the lead              Corporation supports the EPA’s
                                             the Air Program, Environmental                             in feed limits that were created in the               approval of the SIP revisions submitted


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Document Created: 2018-11-01 08:55:14
Document Modified: 2018-11-01 08:55:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 27, 2018.
ContactMarilyn Powers, (215) 814-2308, or by email at [email protected]
FR Citation83 FR 13192 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements

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