83_FR_25045 83 FR 24940 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors

83 FR 24940 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range24940-24941
FR Document2018-11746

The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State of Maryland's Clean Air Act (CAA) sections 111(d) and 129 State Plan for municipal waste combustors (MWCs). The revision reflects amendments to Code of Maryland Regulations (COMAR) 26.11.08.08, which update the MWC opacity compliance provisions. The Maryland Department of the Environment (MDE)'s revised regulations provide that quality assurance (QA) and quality control (QC) requirements for continuous opacity monitors (COMs) are found in COMAR 26.11.31, rather than the now discontinued Technical Memorandum (TM 90-01). EPA is approving this revision to Maryland's CAA sections 111(d) and 129 State Plan in accordance with the requirements of the CAA.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24940-24941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2017-0484; FRL-9978-56--Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State of Maryland's Clean Air Act 
(CAA) sections 111(d) and 129 State Plan for municipal waste combustors 
(MWCs). The revision reflects amendments to Code of Maryland 
Regulations (COMAR) 26.11.08.08, which update the MWC opacity 
compliance provisions. The Maryland Department of the Environment 
(MDE)'s revised regulations provide that quality assurance (QA) and 
quality control (QC) requirements for continuous opacity monitors 
(COMs) are found in COMAR 26.11.31, rather than the now discontinued 
Technical Memorandum (TM 90-01). EPA is approving this revision to 
Maryland's CAA sections 111(d) and 129 State Plan in accordance with 
the requirements of the CAA.

DATES: This rule is effective on July 2, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R03-OAR-2017-0484. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 10, 2016, the State of Maryland submitted a formal revision 
(MD Submittal #16-05) to its CAA sections 111(d) and 129 State Plan for 
MWCs. The revision contains Maryland's amendments to COMAR 26.11.08.08, 
``Requirements for an Existing Large MWC with a Capacity Greater Than 
250 Tons Per Day.'' Among other minor changes,\1\ these amendments 
update the references for opacity compliance which previously 
referenced a discontinued technical memorandum, TM 90-01, that 
addressed QA/QC procedures for COMs. COMAR 26.11.08.08 now refers to 
COMAR 26.11.31, which contains QA and QC procedures for COMs, similar 
to those previously found in the no longer effective TM 90-01.\2\ EPA 
is approving this revision to Maryland's 111(d) and 129 State Plan for 
MWCs in accordance with the requirements of the CAA for sections 111(d) 
and 129 state plans.
---------------------------------------------------------------------------

    \1\ Other changes made by Maryland to COMAR 26.11.08.08 include 
(1) changing the ``Emission Standards for a Large MWC'' to read ``10 
percent opacity with COMS,'' rather than ``10 percent opacity with 
CEMS,'' and (2) changing the ``Performance and Compliance Test 
Requirements'' to include the following statement: ``. . . the 
Department may determine compliance and non-compliance with the 
visible emission limitations by performing EPA reference Method 9 
observations based on a 6 minute block average'' (formerly, it 
included the following statement: ``In case of inconsistencies in 
data or conflicting data Method 9 results will determine 
compliance'').
    \2\ EPA previously approved Maryland's State Plan for large MWCs 
on April 8, 2008 (see 73 FR 18968). EPA also approved, as a revision 
to the Maryland state implementation plan, the regulatory 
requirements for QA/QC controls for COMs in COMAR 26.11.31 on 
November 7, 2016 (see 81 FR 78048).
---------------------------------------------------------------------------

    In the same state rulemaking action, MDE also revised the title of 
COMAR 26.11.08.07, from ``Requirements for Certain Municipal Waste 
Combustors'' to ``Requirements for Municipal Waste Combustors with a 
Capacity of 35 tons or greater per day and less than or equal to 250 
Tons Per Day,'' to clarify that the state regulation applies to small 
MWCs. The text of 26.11.08.07 remains unchanged, and thus the 
requirements for MWCs remain unchanged. This clarification to the title 
of COMAR 26.11.08.07 is a minor administrative change and is not part 
of this action.
    On November 6, 2017 (82 FR 51380 and 82 FR 51350), EPA 
simultaneously published a notice of proposed rulemaking (NPR) and a 
direct final rule (DFR) for the State of Maryland approving revisions 
to its CAA sections 111(d) and 129 State Plan for MWCs. EPA received an 
adverse comment on the rulemaking and withdrew the DFR prior to the 
effective date on December 26, 2017 (82 FR 60872). In this rulemaking, 
EPA is responding to the comment submitted on the proposed approval of 
the State Plan revisions and is approving the revisions to Maryland's 
State Plan for MWCs.

II. State Submittal and EPA Analysis

    EPA has reviewed Maryland's submittal to revise its State Plan for 
MWCs in the context of the requirements of 40 CFR part 60, subparts Cb 
and Eb. In this action, EPA is finalizing its determination that the 
submitted revision meets the above-cited requirements. EPA is amending 
40 CFR part 62, subpart V (40 CFR 62.5110 and 62.5112), to reflect this 
approval.

III. Public Comments and EPA Responses

    EPA received one adverse comment on the proposed approval of the 
revisions to the State of Maryland's CAA sections 111(d) and 129 State 
Plan for MWCs. All other comments received were either supportive of or 
not specific to this action and thus are not addressed here.
    Comment: The commenter asserts that EPA should not be involved in 
matters of the state's choosing. Additionally, the commenter asserts 
that if the changes to the plan are largely administrative in nature, 
EPA should let the state go without making them spend resources to make 
that administrative change.
    Response: EPA disagrees with the commenter's assertions. EPA did 
not specifically direct Maryland to make these amendments. Instead, 
Maryland submitted to EPA this revision to its State Plan for MWCs and 
requested that EPA amend the appropriate sections of 40 CFR part 62, 
subpart V, to reflect approval of this Plan revision. EPA is required 
to act on State Plan revisions submitted by states. In response to the 
commenter's assertion, while these changes are largely administrative 
in

[[Page 24941]]

nature, they are needed to update Maryland's State Plan for COMs 
requirements. EPA is responding to MDE's request and finalizing the 
revisions to Maryland's State Plan for MWCs in this action, as they are 
consistent with CAA sections 111(d) and 129.

IV. Final Action

    In this final action, EPA is amending 40 CFR part 62, subpart V, to 
reflect the receipt and approval of the revisions to Maryland's State 
Plan for MWCs in accordance with the requirements of the CAA.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a Federal requirement, and 
does not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it 
approves a state rule implementing a Federal standard.
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 provides, in part, that Federal agencies shall use 
technical standards that are developed or adopted by voluntary 
consensus standards bodies. Public Law 104-113 (15 U.S.C. 272 note) 
(March 7, 1996). Agencies are not required to use such standards if 
doing so would be inconsistent with applicable law or otherwise 
impractical. Public Law 104-113 (section 12(d)). EPA is not, in this 
action, using technical standards, as contemplated by the National 
Technology Transfer and Advancement Act. Rather, EPA is reviewing and 
responding to Maryland's Section 111(d)/129 plan submission, and, in 
such case, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. Moreover, in such context, EPA 
has no authority to disapprove a Section 111(d)/129 plan submission for 
failure to use voluntary consensus standards, and it would be 
inconsistent with applicable law for EPA, when it reviews a Section 
111(d)/129 plan submission, to require use of such standards in place 
of a Section 111(d)/129 plan submission that otherwise satisfies the 
provisions of the Clean Air Act. Thus, the National Technology Transfer 
and Advancement Act does not require, here, the use of voluntary 
consensus standards.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 30, 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's revisions to their 111(d) and 
129 State Plan for MWCs may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: May 15, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
    For the reasons stated in the preamble, title 40 CFR part 62 is 
amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. Section 62.5110 is amended by adding paragraph (c) to read as 
follows:


Sec.  62.5110   Identification of plan.

* * * * *
    (c) On May 10, 2016, Maryland submitted a revised State Plan and 
related COMAR 26.11.08.08 amendments.

0
3. Section 62.5112 is amended by adding paragraph (c) to read as 
follows:


Sec.  62.5112   Effective date.

* * * * *
    (c) The plan revision is effective July 30, 2018.

[FR Doc. 2018-11746 Filed 5-30-18; 8:45 am]
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                                             24940              Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                some information is not publicly                      or greater per day and less than or equal
                                             AGENCY                                                  available, e.g., confidential business                to 250 Tons Per Day,’’ to clarify that the
                                                                                                     information (CBI) or other information                state regulation applies to small MWCs.
                                             40 CFR Part 52                                          whose disclosure is restricted by statute.            The text of 26.11.08.07 remains
                                                                                                     Certain other material, such as                       unchanged, and thus the requirements
                                             Approval and Promulgation of                            copyrighted material, is not placed on                for MWCs remain unchanged. This
                                             Implementation Plans                                    the internet and will be publicly                     clarification to the title of COMAR
                                             CFR Correction                                          available only in hard copy form.                     26.11.08.07 is a minor administrative
                                                                                                     Publicly available docket materials are               change and is not part of this action.
                                             ■ In Title 40 of the Code of Federal                    available through https://                               On November 6, 2017 (82 FR 51380
                                             Regulations, Part 52, § 52.2020 to End,                 www.regulations.gov, or please contact                and 82 FR 51350), EPA simultaneously
                                             revised as of July 1, 2017, on page 17,                 the person identified in the FOR FURTHER              published a notice of proposed
                                             in § 52.2020, the table in paragraph                    INFORMATION CONTACT section for                       rulemaking (NPR) and a direct final rule
                                             (c)(1) is amended by removing the                       additional availability information.                  (DFR) for the State of Maryland
                                             entries for Chapter 130—Standards for                   FOR FURTHER INFORMATION, CONTACT:                     approving revisions to its CAA sections
                                             Products, Subchapter A—Portable Fuel                    Emily Linn, (215) 814–5273, or by email               111(d) and 129 State Plan for MWCs.
                                             Containers.                                             at linn.emily@epa.gov.                                EPA received an adverse comment on
                                                                                                                                                           the rulemaking and withdrew the DFR
                                             [FR Doc. 2018–11702 Filed 5–30–18; 8:45 am]             SUPPLEMENTARY INFORMATION:
                                                                                                                                                           prior to the effective date on December
                                             BILLING CODE 1301–00–D                                                                                        26, 2017 (82 FR 60872). In this
                                                                                                     I. Background
                                                                                                        On May 10, 2016, the State of                      rulemaking, EPA is responding to the
                                                                                                     Maryland submitted a formal revision                  comment submitted on the proposed
                                             ENVIRONMENTAL PROTECTION                                                                                      approval of the State Plan revisions and
                                             AGENCY                                                  (MD Submittal #16–05) to its CAA
                                                                                                     sections 111(d) and 129 State Plan for                is approving the revisions to Maryland’s
                                             40 CFR Part 62                                          MWCs. The revision contains                           State Plan for MWCs.

                                             [EPA–R03–OAR–2017–0484; FRL–9978–                       Maryland’s amendments to COMAR                        II. State Submittal and EPA Analysis
                                             56—Region 3]                                            26.11.08.08, ‘‘Requirements for an                       EPA has reviewed Maryland’s
                                                                                                     Existing Large MWC with a Capacity                    submittal to revise its State Plan for
                                             Approval and Promulgation of Air                        Greater Than 250 Tons Per Day.’’                      MWCs in the context of the
                                             Quality Implementation Plans;                           Among other minor changes,1 these                     requirements of 40 CFR part 60,
                                             Maryland; Continuous Opacity                            amendments update the references for                  subparts Cb and Eb. In this action, EPA
                                             Monitoring Requirements for Municipal                   opacity compliance which previously                   is finalizing its determination that the
                                             Waste Combustors                                        referenced a discontinued technical                   submitted revision meets the above-
                                                                                                     memorandum, TM 90–01, that                            cited requirements. EPA is amending 40
                                             AGENCY:  Environmental Protection                       addressed QA/QC procedures for COMs.
                                             Agency (EPA).                                                                                                 CFR part 62, subpart V (40 CFR 62.5110
                                                                                                     COMAR 26.11.08.08 now refers to                       and 62.5112), to reflect this approval.
                                             ACTION: Final rule.                                     COMAR 26.11.31, which contains QA
                                                                                                     and QC procedures for COMs, similar to                III. Public Comments and EPA
                                             SUMMARY:   The Environmental Protection                 those previously found in the no longer               Responses
                                             Agency (EPA) is taking final action to                  effective TM 90–01.2 EPA is approving
                                             approve a revision to the State of                                                                               EPA received one adverse comment
                                                                                                     this revision to Maryland’s 111(d) and                on the proposed approval of the
                                             Maryland’s Clean Air Act (CAA)                          129 State Plan for MWCs in accordance
                                             sections 111(d) and 129 State Plan for                                                                        revisions to the State of Maryland’s
                                                                                                     with the requirements of the CAA for                  CAA sections 111(d) and 129 State Plan
                                             municipal waste combustors (MWCs).                      sections 111(d) and 129 state plans.
                                             The revision reflects amendments to                                                                           for MWCs. All other comments received
                                                                                                        In the same state rulemaking action,               were either supportive of or not specific
                                             Code of Maryland Regulations (COMAR)                    MDE also revised the title of COMAR
                                             26.11.08.08, which update the MWC                                                                             to this action and thus are not addressed
                                                                                                     26.11.08.07, from ‘‘Requirements for                  here.
                                             opacity compliance provisions. The                      Certain Municipal Waste Combustors’’                     Comment: The commenter asserts that
                                             Maryland Department of the                              to ‘‘Requirements for Municipal Waste                 EPA should not be involved in matters
                                             Environment (MDE)’s revised                             Combustors with a Capacity of 35 tons                 of the state’s choosing. Additionally, the
                                             regulations provide that quality
                                                                                                                                                           commenter asserts that if the changes to
                                             assurance (QA) and quality control (QC)                    1 Other changes made by Maryland to COMAR
                                                                                                                                                           the plan are largely administrative in
                                             requirements for continuous opacity                     26.11.08.08 include (1) changing the ‘‘Emission
                                                                                                                                                           nature, EPA should let the state go
                                             monitors (COMs) are found in COMAR                      Standards for a Large MWC’’ to read ‘‘10 percent
                                                                                                     opacity with COMS,’’ rather than ‘‘10 percent         without making them spend resources
                                             26.11.31, rather than the now
                                                                                                     opacity with CEMS,’’ and (2) changing the             to make that administrative change.
                                             discontinued Technical Memorandum                       ‘‘Performance and Compliance Test Requirements’’         Response: EPA disagrees with the
                                             (TM 90–01). EPA is approving this                       to include the following statement: ‘‘. . . the       commenter’s assertions. EPA did not
                                             revision to Maryland’s CAA sections                     Department may determine compliance and non-
                                                                                                                                                           specifically direct Maryland to make
                                             111(d) and 129 State Plan in accordance                 compliance with the visible emission limitations by
                                                                                                     performing EPA reference Method 9 observations        these amendments. Instead, Maryland
                                             with the requirements of the CAA.                       based on a 6 minute block average’’ (formerly, it     submitted to EPA this revision to its
                                             DATES: This rule is effective on July 2,                included the following statement: ‘‘In case of        State Plan for MWCs and requested that
pmangrum on DSK30RV082PROD with RULES




                                             2018.                                                   inconsistencies in data or conflicting data Method
                                                                                                     9 results will determine compliance’’).               EPA amend the appropriate sections of
                                             ADDRESSES: EPA has established a                           2 EPA previously approved Maryland’s State Plan    40 CFR part 62, subpart V, to reflect
                                             docket for this action under Docket ID                  for large MWCs on April 8, 2008 (see 73 FR 18968).    approval of this Plan revision. EPA is
                                             No. EPA–R03–OAR–2017–0484. All                          EPA also approved, as a revision to the Maryland      required to act on State Plan revisions
                                                                                                     state implementation plan, the regulatory
                                             documents in the docket are listed on                   requirements for QA/QC controls for COMs in
                                                                                                                                                           submitted by states. In response to the
                                             the https://www.regulations.gov                         COMAR 26.11.31 on November 7, 2016 (see 81 FR         commenter’s assertion, while these
                                             website. Although listed in the index,                  78048).                                               changes are largely administrative in


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                                                                Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations                                               24941

                                             nature, they are needed to update                       power and responsibilities established                C. Petitions for Judicial Review
                                             Maryland’s State Plan for COMs                          in the CAA. This rule also is not subject
                                             requirements. EPA is responding to                      to Executive Order 13045 (62 FR 19885,                   Under section 307(b)(1) of the CAA,
                                             MDE’s request and finalizing the                        April 23, 1997), because it approves a                petitions for judicial review of this
                                             revisions to Maryland’s State Plan for                  state rule implementing a Federal                     action must be filed in the United States
                                             MWCs in this action, as they are                        standard.                                             Court of Appeals for the appropriate
                                             consistent with CAA sections 111(d)                       Section 12(d) of the National                       circuit by July 30, 2018. Filing a petition
                                             and 129.                                                Technology Transfer and Advancement                   for reconsideration by the Administrator
                                                                                                     Act of 1995 provides, in part, that                   of this final rule does not affect the
                                             IV. Final Action
                                                                                                     Federal agencies shall use technical                  finality of this action for the purposes of
                                               In this final action, EPA is amending                 standards that are developed or adopted               judicial review nor does it extend the
                                             40 CFR part 62, subpart V, to reflect the               by voluntary consensus standards                      time within which a petition for judicial
                                             receipt and approval of the revisions to                bodies. Public Law 104–113 (15 U.S.C.                 review may be filed, and shall not
                                             Maryland’s State Plan for MWCs in                       272 note) (March 7, 1996). Agencies are               postpone the effectiveness of such rule
                                             accordance with the requirements of the                 not required to use such standards if                 or action. This action approving
                                             CAA.                                                    doing so would be inconsistent with                   Maryland’s revisions to their 111(d) and
                                             V. Statutory and Executive Order                        applicable law or otherwise impractical.              129 State Plan for MWCs may not be
                                             Reviews                                                 Public Law 104–113 (section 12(d)).                   challenged later in proceedings to
                                                                                                     EPA is not, in this action, using                     enforce its requirements. (See section
                                             A. General Requirements                                 technical standards, as contemplated by               307(b)(2).)
                                                Under Executive Order 12866 (58 FR                   the National Technology Transfer and
                                             51735, October 4, 1993), this action is                 Advancement Act. Rather, EPA is                       List of Subjects in 40 CFR Part 62
                                             not a ‘‘significant regulatory action’’ and             reviewing and responding to Maryland’s
                                                                                                     Section 111(d)/129 plan submission,                     Environmental protection, Air
                                             therefore is not subject to review by the
                                                                                                     and, in such case, EPA’s role is to                   pollution control, Carbon monoxide,
                                             Office of Management and Budget. For
                                                                                                     approve state choices, provided that                  Intergovernmental relations, Lead,
                                             this reason, this action is also not
                                             subject to Executive Order 13211,                       they meet the criteria of the Clean Air               Nitrogen dioxide, Particulate matter,
                                             ‘‘Actions Concerning Regulations That                   Act. Moreover, in such context, EPA has               Reporting and recordkeeping
                                             Significantly Affect Energy Supply,                     no authority to disapprove a Section                  requirements, Sulfur oxides.
                                             Distribution, or Use’’ (66 FR 28355 (May                111(d)/129 plan submission for failure                  Dated: May 15, 2018.
                                             22, 2001)). This action merely approves                 to use voluntary consensus standards,                 Cosmo Servidio,
                                             state law as meeting Federal                            and it would be inconsistent with
                                                                                                                                                           Regional Administrator, Region III.
                                             requirements and imposes no additional                  applicable law for EPA, when it reviews
                                             requirements beyond those imposed by                    a Section 111(d)/129 plan submission,                   For the reasons stated in the
                                             state law. Accordingly, the                             to require use of such standards in place             preamble, title 40 CFR part 62 is
                                             Administrator certifies that this rule                  of a Section 111(d)/129 plan submission               amended as follows:
                                             will not have a significant economic                    that otherwise satisfies the provisions of
                                             impact on a substantial number of small                 the Clean Air Act. Thus, the National                 PART 62—APPROVAL AND
                                             entities under the Regulatory Flexibility               Technology Transfer and Advancement                   PROMULGATION OF STATE PLANS
                                             Act (5 U.S.C. 601 et seq.). Because this                Act does not require, here, the use of                FOR DESIGNATED FACILITIES AND
                                             rule approves pre-existing requirements                 voluntary consensus standards.                        POLLUTANTS
                                             under state law and does not impose                       This rule does not impose an
                                             any additional enforceable duty beyond                  information collection burden under the               ■ 1. The authority citation for part 62
                                             that required by state law, it does not                 provisions of the Paperwork Reduction                 continues to read as follows:
                                             contain any unfunded mandate or                         Act of 1995 (44 U.S.C. 3501 et seq.).                     Authority: 42 U.S.C. 7401 et seq.
                                             significantly or uniquely affect small
                                                                                                     B. Submission to Congress and the
                                             governments, as described in the                                                                              Subpart V—Maryland
                                                                                                     Comptroller General
                                             Unfunded Mandates Reform Act of 1995
                                             (Pub. L. 104–4). This rule also does not                   The Congressional Review Act, 5                    ■ 2. Section 62.5110 is amended by
                                             have a substantial direct effect on one or              U.S.C. 801 et seq., as added by the Small             adding paragraph (c) to read as follows:
                                             more Indian tribes, on the relationship                 Business Regulatory Enforcement
                                             between the Federal Government and                      Fairness Act of 1996, generally provides              § 62.5110    Identification of plan.
                                             Indian tribes, or on the distribution of                that before a rule may take effect, the               *     *   *     *     *
                                             power and responsibilities between the                  agency promulgating the rule must
                                             Federal Government and Indian tribes,                   submit a rule report, which includes a                  (c) On May 10, 2016, Maryland
                                             as specified by Executive Order 13175                   copy of the rule, to each House of the                submitted a revised State Plan and
                                             (65 FR 67249, November 9, 2000), nor                    Congress and to the Comptroller General               related COMAR 26.11.08.08
                                             will it have substantial direct effects on              of the United States. EPA will submit a               amendments.
                                             the States, on the relationship between                 report containing this action and other               ■ 3. Section 62.5112 is amended by
                                             the national government and the States,                 required information to the U.S. Senate,              adding paragraph (c) to read as follows:
                                             or on the distribution of power and                     the U.S. House of Representatives, and
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                                             responsibilities among the various                      the Comptroller General of the United                 § 62.5112    Effective date.
                                             levels of government, as specified in                   States prior to publication of the rule in            *     *    *     *    *
                                             Executive Order 13132 (64 FR 43255,                     the Federal Register. A major rule
                                             August 10, 1999), because it merely                     cannot take effect until 60 days after it               (c) The plan revision is effective July
                                             approves a state rule implementing a                    is published in the Federal Register.                 30, 2018.
                                             Federal requirement, and does not alter                 This action is not a ‘‘major rule’’ as                [FR Doc. 2018–11746 Filed 5–30–18; 8:45 am]
                                             the relationship or the distribution of                 defined by 5 U.S.C. 804(2).                           BILLING CODE 6560–50–P




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Document Created: 2018-05-31 00:48:42
Document Modified: 2018-05-31 00:48:42
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 rule is effective on July 2, 2018.
FR Citation83 FR 24940 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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