83 FR 42624 - Air Plan Approval; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 164 (August 23, 2018)
Federal Register Volume 83, Issue 164 (August 23, 2018)
| Page Range | 42624-42627 | |
| FR Document | 2018-18276 |
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)] [Proposed Rules] [Pages 42624-42627] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18276] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0490; FRL-9982-74--Region 3] Air Plan Approval; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland (SIP Revision 16-04). This revision pertains to clarifying continuous opacity monitoring requirements and visible emission standards for municipal waste combustors (MWCs) and Portland cement plants. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before September 24, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2018-0490 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, [[Page 42625]] comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On May 10, 2016, the Maryland Department of the Environment (MDE) submitted a revision to its SIP to clarify visible emissions (VE) and continuous opacity monitor (COM) requirements for MWCs and Portland cement plants. On February 28, 2018, MDE submitted to EPA a clarification letter from MDE Secretary Ben Grumbles to EPA Regional Administrator Cosmo Servidio, withdrawing definitions for continuous burning and operating time, COMAR 26.11.01.01B(8-1) and (27-1), respectively. EPA acknowledged the withdrawal in a letter dated June 20, 2018 from EPA Region 3 Air Protection Division Director, Cristina Fernandez to MDE Secretary Ben Grumbles. That portion of the submittal is longer pending before EPA. I. Background The revision consists of amendments to Regulation .10 under COMAR 26.11.01, General and Administrative Provisions, and Regulation .04 under COMAR 26.11.08, Control of Incinerators. These amendments clarify requirements for MWCs and Portland cement plants that demonstrate compliance with VE standards through use of continuous opacity monitors (COMs). Following the initial revision, MDE withdrew the definitions for continuous burning and operating time, COMAR 26.11.01.01B(8-1) and (27-1) respectively, as amendments to Regulation .10 under COMAR 26.11.01, from EPA's consideration for inclusion into Maryland's SIP. MDE is in the process of repealing these definitions under a separate rulemaking. This will ensure consistency between MDE's state regulations and Maryland's federally enforceable SIP. II. Summary of SIP Revision and EPA Analysis A. Amendments to COMAR 26.11.01.10, Continuous Opacity Monitoring Requirements 1. Under COMAR 26.11.01.10A, Applicability and Exceptions, MDE had added a new section, numbered 6 (COMAR 26.11.01.10A(6)). This new section 6 requires sources that cannot comply with VE limits to request approval of alternate VE limits following the recommendations at 80 FR 33980. Alternative limits must be approved by MDE and then submitted to EPA for approval into the Maryland SIP. This amendment to the Maryland SIP is acceptable to EPA, as it complies with EPA's requirements for alternative limits at 80 FR 33980 and requires EPA's approval of any alternate VE limits into the Maryland SIP. 2. Under COMAR 26.11.01.10B, General Requirements for COMs, section 3 (COMAR 26.11.01.10B(3)) is amended to clarify that a COM must comply with the applicable requirements in 40 CFR part 51, appendix P in its entirety. The previous SIP-approved section 3 specified that the only requirements in 40 CFR part 51, appendix P that applied were sections 3.3-3.9. This amendment is acceptable to EPA, as 40 CFR part 51, appendix P, Minimum Emission Monitoring Requirements, sets out the minimum requirements for continuous emission monitoring and recording. 3. Under COMAR 26.11.01.10B, General Requirements for COMs, MDE added a new section 5 to clarify COM requirements for the owners and operators of cement kilns and clinker coolers that are operating a COMs.New subsection 5a (COMAR 26.11.01.10B(5)(a)) states that owners and operators of cement kilns or clinker coolers may not cause or permit the discharge of emissions which exceed the visibility standards in COMAR 26.11.30.05B, Visible Emission Standards, which is already approved into the Maryland SIP. This new subsection is simply clarifying existing, SIP-approved requirements. Therefore, this amendment is approvable. New subsection 5b (COMAR 26.11.01.10B(5)(b)) states that visibility standards in COMAR 26.11.30.05B(1) and (2) do not apply to emissions as specified in COMAR 26.11.06.02A(2) during EPA reference Method 9 observations. COMAR 26.11.06.02A(2) is already approved into the Maryland SIP. This new subsection is clarifying existing, SIP- approved requirements. Therefore, this amendment is approvable. The new subsection 5c (COMAR 26.11.01.10B(5)(c)) clarifies a requirement in COMAR 26.11.30.05B(2), which prohibits VE ``visible to human observers.'' New subsection 5c specifies that, when a cement kiln or clinker cooler is using a COM, VE ``visible to a human observer'' are equal to or greater than 10 percent opacity. This interpretation of ``not visible to human observers'' was previously SIP-approved in Maryland's ``Technical Memorandum 90-01 Continuous Emission Monitoring (CEM) Policies and Procedures'' (TM 90-01), which established Maryland's policy for state enforcement of Maryland's CEM requirements found in COMAR 26.11.01.10 and 26.11.01.11. As stated on page four of TM 90-01, ``The Department has determined that a human observer will report an opacity of between zero and 10 percent as no visible emissions.'' TM 90-01 is available for reference in the docket for this rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov. EPA approved TM 90-01 into the Maryland's SIP on February 28, 1996. See 61 FR 7418. However, over the course of several years, MDE decided to directly incorporate certain requirements contained in TM 90-01 into the text of Maryland's regulations instead of merely referring to TM 90-01 in the regulatory text and discontinued the use of TM 90-01. In a series of rulemakings, MDE incorporated provisions from TM 90-01 into Maryland's COMAR regulations and removed references to TM 90-01 from the SIP. An earlier SIP revision, Maryland's SIP Revision #15-05, submitted on November 24, 2015 and clarified and amended on February 26, 2016, included, among other amendments, revisions to COMAR 26.11.01.10 that removed references to TM 90-01. EPA approved Maryland's SIP Revision #15-05 on November 7, 2016 (81 FR 78048). Maryland's SIP Revision #16-04, the subject of this rulemaking, moved the interpretation of ``not visible to a human observer'' from TM 90-01 into COMAR 26.11.01.10B(5)(c) and 26.11.01.10B(6)(b). SIP Revision #16-05, which Maryland also submitted on May 10, 2016, removed references to TM 90-01 for MWCs in COMAR 26.11.08.08. [[Page 42626]] On May 31, 2018 (83 FR 24940), EPA approved Maryland SIP Revision #16- 05. Because new subsection 5c is merely moving SIP-approved provisions from discontinued TM 90-01 into Maryland's COMAR regulations, this amendment is approvable. The new subsection 5d (COMAR 26.11.01.10B(5)(d)) clarifies that for owners or operators of cement kilns or clinker coolers operating COMs, compliance with VE standards is achieved if visible emissions do not exceed the applicable VE limitations in 26.11.30.05B(1) or (2), as applicable. This new subsection is clarifying existing, SIP-approved requirements. Therefore, this amendment is approvable. The new subsection 5e (COMAR 26.11.01.10B(5)(e)) states that MDE may determine compliance with VE limits by performing EPA Method 9 observations, notwithstanding the requirements of 26.11.01.10B(5)(a)-(d). Method 9 is an approved EPA test method for VE compliance. Therefore, this amendment is approvable. New subsection 5f (COMAR 26.11.01.10B(5)(f)) requires owners and operators of cement kilns or clinker coolers operating COMs to meet the quality assurance requirements under COMAR 26.11.31, Quality Assurance Requirements for Continuous Opacity Monitors (COMs). COMAR 26.11.31 is approved into the Maryland SIP. See 81 FR 78048. This new subsection is clarifying existing, SIP-approved requirements. Therefore, this amendment is approvable. 4. Under COMAR 26.11.01.10B, General Requirements for COMs, MDE added a new section 6 to clarify COM requirements for the owners and operators of MWCs that are required to install and operate a COMs. New subsection 6a (COMAR 26.11.01.10B(6)(a)) states that owners and operators of MWCs may not cause or permit the discharge of emissions which exceed the visibility standards in COMAR 26.11.08.04 as determined by EPA Method 9 observations. COMAR 26.11.08.04, Control of Incinerators, Visible Emissions, is approved into the Maryland SIP and, as previously stated, Method 9 is an EPA approved method for determining compliance with VE standards. COMAR 26.11.08.01 defines incinerators to include those burning municipal waste, i.e., MWCs. This amendment is clarifying the standards for MWCs. Therefore, this amendment is approvable. COMAR 26.11.08.04A(2) prohibits discharge of emissions from any hazardous waste incinerator that are ``visible to human observers.'' New subsection 6b (COMAR 26.11.01.10B(6)(b)) clarifies that, when using a COM, VE ``visible to [a] human observer[s]'' are equal to or greater than 10 percent opacity for the purpose of determining compliance with COMAR 26.11.08.04. COMAR 26.11.08.04 is already SIP-approved. As stated previously in this notice (in EPA's discussion of COMAR 26.11.0110B(5)(c)), this interpretation of ``not visible to human observers'' was previously SIP-approved on page four of TM 90-01. Because new subsection 6b is merely moving SIP-approved provisions from discontinued TM 90-01 into Maryland's COMAR regulations, this amendment is approvable. New subsection 6c (COMAR 26.11.01.10B(6)(c)) clarifies that for owners and operators of MWCs required to install and operate a COM, compliance with VE standards is achieved if VE do not exceed 10 percent opacity for a 6-minute block average during the unit's operating time. This 10 percent VE limit with a 6-minute average is consistent with the previously SIP-approved interpretation of ``not visible to human observers'' in TM 90-01 and the VE limits in EPA's NSPS for MWCs at 40 CFR 60.52a(b) and 60.52b(a)(2). Therefore, this amendment is approvable. New subsection 6d (COMAR 26.11.01.10B(6)(d)) states that, notwithstanding the requirements in section B(6)(a)-(c), MDE may determine compliance with VE limits by performing EPA Method 9 observations. EPA reference Method 9--Visual Determination of the Opacity of Emissions from Stationary Sources Observations, found in appendix A-4 to 40 CFR part 60, is an approved EPA test method for VE compliance. Therefore, this amendment is approvable. New subsection 6e (COMAR 26.11.01.10B(6)(e)) requires owners and operators of MWCs operating COMs to meet the quality assurance requirements under COMAR 26.11.31, Quality Assurance Requirements for Continuous Opacity Monitors (COMs). COMAR 26.11.31 is approved into the Maryland SIP. This new subsection is clarifying existing, SIP-approved requirements. Therefore, this amendment is approvable. 5. MDE has repealed COMAR 26.11.01.10F and is requesting its removal from the SIP. COMAR 26.11.01.10F required fuel burning equipment subject to the COM requirements in COMAR 26.11.09.05 and cement kilns subject to the COM requirements in COMAR 26.11.30 to meet the COM requirements contained in COMAR 26.11.31. COMAR 26.11.09.05, Visible Emissions, COMAR 26.11.30, Control of Portland Cement Manufacturing Plants, and COMAR 26.11.31, Quality Assurance Requirements for Continuous Opacity Monitors (COMs), are approved in the Maryland SIP. COMAR 26.11.31 is applicable to all source owners using COMs, as specified in COMAR 26.11.31.02. Thus, COMAR 26.11.01.10F is a redundant requirement. Therefore, removal from the SIP is approvable. B. Amendments to COMAR 26.11.08, Control of Incinerators MDE added a new section D to Regulation .04, Visible Emissions, under COMAR 26.11.08 (COMAR 26.11.08.04D). This new section D clarifies that owners of MWCs required to install and operate COMs are subject to the requirements in COMAR 26.11.01.10, Continuous Opacity Monitoring Requirements. As discussed previously, the new provisions in COMAR 26.11.01.10B(6) clarify COM requirements for the owners and operators of MWCs. This amendment clarifies existing, SIP-approved requirements by directing owners and operators of MWCs to COMAR 26.11.01.10 where the applicable COMs requirements are set out. Therefore, this amendment is approvable. III. Proposed Action EPA's review of this material indicates that Maryland's amendments to Regulation .10 under COMAR 26.11.01, General and Administrative Provisions, and Regulation .04 under COMAR 26.11.08, Control of Incinerators, in Maryland's SIP Revision 16-04, related to COMs and VE requirements for cement plants and MWCs, clarify requirements in the existing Maryland SIP and are approvable. Therefore, EPA is proposing to approve Maryland's SIP Revision 16-04, which MDE submitted to EPA on May 10, 2016, except for the definitions of continuous burning and operating time that MDE withdrew from SIP Revision 16-04 on February 28, 2018. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action. IV. Incorporation by Reference In this proposed rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference MDE's amendments to Regulation .10 under COMAR 26.11.01, [[Page 42627]] General and Administrative Provisions, and Regulation .04 under COMAR 26.11.08, Control of Incinerators contained in SIP Revision 16-04. As described previously, the amendments to COMAR 26.11.01.10, Continuous Opacity Monitoring Requirements, are as follows: (1) Add a new section 6 to COMAR 26.11.01.10A, Applicability and Exceptions; (2) amend section 3 under COMAR 26.11.01.10B, General Requirements for COMs; (3) add new sections 5 and 6 under COMAR 26.11.01.10B; and (4) remove COMAR 26.11.01.10F, which has been repealed by the State. The amendment to COMAR 26.11.08, Control of Incinerators, consists of an addition of a new section D to Regulation .04, Visible Emissions. 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). V. Statutory and Executive Order Reviews 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 proposed 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 proposed rule, proposing to approve Maryland SIP Revision 16-04, COMs requirements for MWCs and Cement Plants, 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: August 9, 2018. Cecil Rodrigues, Acting Regional Administrator, Region III. [FR Doc. 2018-18276 Filed 8-22-18; 8:45 am] BILLING CODE 6560-50-P
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III. Backfitting and Issue Finality POSTAL SERVICE USPS Marketing Mail) in Docket No.
DG–5061 describes a method that the MC2010–36, and (3) reduce operational
staff of the NRC considers acceptable for 39 CFR Part 111 inefficiencies when machines are
use by nuclear power plant licensees in unable to process letter-size or flat-size
USPS Marketing Mail Content shaped inflexible items. Shifting goods
meeting the requirements for the Standards
cybersecurity requirements in 10 CFR and merchandise out of the letter-size
73.54. The revision updates the AGENCY: Postal ServiceTM. and flat-size categories helps improve
guidance by incorporating lessons ACTION:Advance notice of proposed processing capabilities and ultimately
learned and guidance documents since rulemaking; request for comments. shifts these items to mail streams with
the original publication of the guide. full end-to-end tracking capability
On October 21, 2010, the Commission SUMMARY: The Postal Service is consistent with market expectations.
issued SRM–COMWCO–10–0001, contemplating amendment of the The Postal Service has many products
which clarified the scope of the cyber Mailing Standards of the United States available to support this shift and seeks
security rule. In the SRM, the Postal Service, Domestic Mail Manual to align postal processing with the
Commission determined as a matter of (DMM®), to revise content standards for intentions of its mailing customers. This
policy that the NRC’s cyber security USPS Marketing Mail® letter-size and shift also simplifies the mailing
regulation (10 CFR 73.54) should be flat-size pieces regardless of level of experience: Letter-size and flat-size
interpreted to include Systems sortation. This proposed change would pieces will move through processing
Structures and Components in the limit all USPS Marketing Mail, regular and delivery more efficiently. Packages
Balance of Plant that have a nexus to and nonprofit, letter-size and flat-size, with goods and merchandise will have
radiological health and safety at NRC- to content that is only paper-based/ an Intelligent Mail® package barcode
licensed nuclear power plants. The printed matter; no merchandise or goods (IMpb®) and will travel through the
Commission clarified the scope of the will be allowed of any type regardless package network stream.
rule to include digital assets previously of ‘‘value.’’ All items not eligible to be
sent as USPS Marketing Mail letter-size Ruth Stevenson,
covered by cyber security regulations of
or flat-size pieces would need to shift to Attorney, Federal Compliance.
the Federal Energy Regulatory
Commission. In response to this SRM, another product (e.g., Priority Mail®, [FR Doc. 2018–18105 Filed 8–22–18; 8:45 am]
the licensees updated their cyber Parcel Select®) to be mailed. In an effort BILLING CODE 7710–12–P
security plans to incorporate BOP to obtain as much customer and mailer
systems into their cyber security plans. feedback as possible, the Postal Service
This revision includes guidance for will post this advance notice of ENVIRONMENTAL PROTECTION
SSCs in the BOP. proposed rulemaking for an extended AGENCY
Issuance of this DG, if finalized, comment period.
would not constitute backfitting as DATES: Comments on this advance 40 CFR Part 52
defined in 10 CFR 50.109 (the Backfit notice of proposed rulemaking are due
[EPA–R03–OAR–2018–0490; FRL–9982–
Rule) and would not otherwise be October 22, 2018. 74—Region 3]
inconsistent with the issue finality ADDRESSES: Mail or deliver written
provisions in 10 CFR part 52. As comments to the Manager, Product Air Plan Approval; Maryland;
discussed in the ‘‘Implementation’’ Classification, U.S. Postal Service, 475 Continuous Opacity Monitoring
section of this DG, the NRC has no L’Enfant Plaza SW, Room 4446, Requirements for Municipal Waste
current intention to impose this guide, Washington, DC 20260–5015. Combustors and Cement Plants
if finalized, on holders of current Comments and questions can also be
operating licenses or combined licenses. emailed to ProductClassification@ AGENCY: Environmental Protection
However, the scope of issue finality usps.gov using the subject line ‘‘USPS Agency (EPA).
provided extends only to the matters Marketing Mail Content Eligibility.’’ ACTION: Proposed rule.
resolved in the license or regulatory FOR FURTHER INFORMATION CONTACT:
approval. Early site permits, design SUMMARY: The Environmental Protection
Direct questions to Elke Reuning-Elliott
certification rules, and standard design Agency (EPA) is proposing to approve a
by email at elke.reuning-elliott@ups.gov
approvals typically do not address or state implementation plan (SIP) revision
or phone (202) 268–4063.
resolve compliance with operational submitted by the State of Maryland (SIP
SUPPLEMENTARY INFORMATION: In order to
programs such as the cybersecurity Revision 16–04). This revision pertains
improve both processing and the to clarifying continuous opacity
requirements in 10 CFR 73.54. delivery of goods and merchandise
Therefore, the various issue finality monitoring requirements and visible
moving through the mail stream, the emission standards for municipal waste
provisions would not apply to Postal Service proposes to limit content
applications referencing an early site combustors (MWCs) and Portland
in USPS Marketing Mail, regular and cement plants. This action is being
permit, design certification rule, or nonprofit, letter-size and flat-size
standard design approval with respect taken under the Clean Air Act (CAA).
pieces, to paper-based/printed matter
to the security matters addressed in this DATES: Written comments must be
content. The limitation to non-
draft regulatory guide. merchandise, paper-based/printed received on or before September 24,
Dated at Rockville, Maryland, this 20th day matter content would serve three goals: 2018.
daltland on DSKBBV9HB2PROD with PROPOSALS
of August, 2018. (1) Facilitate levels of service expected ADDRESSES: Submit your comments,
For the Nuclear Regulatory Commission. for the processing and delivery of identified by Docket ID No. EPA–R03–
Thomas H. Boyce, merchandise that include end-to-end OAR–2018–0490 at http://
Chief, Regulatory Guide and Generic Issues tracking and visibility, (2) move www.regulations.gov, or via email to
Branch, Division of Engineering, Office of fulfillment of merchandise and goods Spielberger.susan@epa.gov. For
Nuclear Regulatory Research. out of USPS Marketing Mail, consistent comments submitted at Regulations.gov,
[FR Doc. 2018–18231 Filed 8–22–18; 8:45 am] with the transfer of fulfillment parcels follow the online instructions for
BILLING CODE 7590–01–P out of Standard Mail (the predecessor to submitting comments. Once submitted,
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On May 31, 2018 (83 FR 24940), EPA subsection 6b (COMAR 26.11.09.05, Visible Emissions, COMAR
approved Maryland SIP Revision #16– 26.11.01.10B(6)(b)) clarifies that, when 26.11.30, Control of Portland Cement
05. Because new subsection 5c is merely using a COM, VE ‘‘visible to [a] human Manufacturing Plants, and COMAR
moving SIP-approved provisions from observer[s]’’ are equal to or greater than 26.11.31, Quality Assurance
discontinued TM 90–01 into Maryland’s 10 percent opacity for the purpose of Requirements for Continuous Opacity
COMAR regulations, this amendment is determining compliance with COMAR Monitors (COMs), are approved in the
approvable. 26.11.08.04. COMAR 26.11.08.04 is Maryland SIP. COMAR 26.11.31 is
• The new subsection 5d (COMAR already SIP-approved. As stated applicable to all source owners using
26.11.01.10B(5)(d)) clarifies that for previously in this notice (in EPA’s COMs, as specified in COMAR
owners or operators of cement kilns or discussion of COMAR 26.11.31.02. Thus, COMAR
clinker coolers operating COMs, 26.11.0110B(5)(c)), this interpretation of 26.11.01.10F is a redundant
compliance with VE standards is ‘‘not visible to human observers’’ was requirement. Therefore, removal from
achieved if visible emissions do not previously SIP-approved on page four of the SIP is approvable.
exceed the applicable VE limitations in TM 90–01. Because new subsection 6b
26.11.30.05B(1) or (2), as applicable. B. Amendments to COMAR 26.11.08,
is merely moving SIP-approved
This new subsection is clarifying Control of Incinerators
provisions from discontinued TM 90–01
existing, SIP-approved requirements. into Maryland’s COMAR regulations, MDE added a new section D to
Therefore, this amendment is this amendment is approvable. Regulation .04, Visible Emissions, under
approvable. • New subsection 6c (COMAR COMAR 26.11.08 (COMAR
• The new subsection 5e (COMAR 26.11.01.10B(6)(c)) clarifies that for 26.11.08.04D). This new section D
26.11.01.10B(5)(e)) states that MDE may owners and operators of MWCs required clarifies that owners of MWCs required
determine compliance with VE limits by to install and operate a COM, to install and operate COMs are subject
performing EPA Method 9 observations, compliance with VE standards is to the requirements in COMAR
notwithstanding the requirements of achieved if VE do not exceed 10 percent 26.11.01.10, Continuous Opacity
26.11.01.10B(5)(a)–(d). Method 9 is an opacity for a 6-minute block average Monitoring Requirements. As discussed
approved EPA test method for VE during the unit’s operating time. This 10 previously, the new provisions in
compliance. Therefore, this amendment percent VE limit with a 6-minute COMAR 26.11.01.10B(6) clarify COM
is approvable. average is consistent with the requirements for the owners and
• New subsection 5f (COMAR previously SIP-approved interpretation operators of MWCs. This amendment
26.11.01.10B(5)(f)) requires owners and of ‘‘not visible to human observers’’ in clarifies existing, SIP-approved
operators of cement kilns or clinker TM 90–01 and the VE limits in EPA’s requirements by directing owners and
coolers operating COMs to meet the NSPS for MWCs at 40 CFR 60.52a(b) operators of MWCs to COMAR
quality assurance requirements under and 60.52b(a)(2). Therefore, this 26.11.01.10 where the applicable COMs
COMAR 26.11.31, Quality Assurance amendment is approvable. requirements are set out. Therefore, this
Requirements for Continuous Opacity • New subsection 6d (COMAR amendment is approvable.
Monitors (COMs). COMAR 26.11.31 is 26.11.01.10B(6)(d)) states that,
approved into the Maryland SIP. See 81 notwithstanding the requirements in III. Proposed Action
FR 78048. This new subsection is section B(6)(a)–(c), MDE may determine EPA’s review of this material
clarifying existing, SIP-approved compliance with VE limits by indicates that Maryland’s amendments
requirements. Therefore, this performing EPA Method 9 observations. to Regulation .10 under COMAR
amendment is approvable. EPA reference Method 9—Visual 26.11.01, General and Administrative
4. Under COMAR 26.11.01.10B, Determination of the Opacity of Provisions, and Regulation .04 under
General Requirements for COMs, MDE Emissions from Stationary Sources COMAR 26.11.08, Control of
added a new section 6 to clarify COM Observations, found in appendix A–4 to Incinerators, in Maryland’s SIP Revision
requirements for the owners and 40 CFR part 60, is an approved EPA test 16–04, related to COMs and VE
operators of MWCs that are required to method for VE compliance. Therefore, requirements for cement plants and
install and operate a COMs. this amendment is approvable. MWCs, clarify requirements in the
• New subsection 6a (COMAR • New subsection 6e (COMAR existing Maryland SIP and are
26.11.01.10B(6)(a)) states that owners 26.11.01.10B(6)(e)) requires owners and approvable. Therefore, EPA is proposing
and operators of MWCs may not cause operators of MWCs operating COMs to to approve Maryland’s SIP Revision 16–
or permit the discharge of emissions meet the quality assurance requirements 04, which MDE submitted to EPA on
which exceed the visibility standards in under COMAR 26.11.31, Quality May 10, 2016, except for the definitions
COMAR 26.11.08.04 as determined by Assurance Requirements for Continuous of continuous burning and operating
EPA Method 9 observations. COMAR Opacity Monitors (COMs). COMAR time that MDE withdrew from SIP
26.11.08.04, Control of Incinerators, 26.11.31 is approved into the Maryland Revision 16–04 on February 28, 2018.
Visible Emissions, is approved into the SIP. This new subsection is clarifying EPA is soliciting public comments on
Maryland SIP and, as previously stated, existing, SIP-approved requirements. the issues discussed in this document.
Method 9 is an EPA approved method Therefore, this amendment is These comments will be considered
for determining compliance with VE approvable. before taking final action.
standards. COMAR 26.11.08.01 defines 5. MDE has repealed COMAR
incinerators to include those burning 26.11.01.10F and is requesting its IV. Incorporation by Reference
daltland on DSKBBV9HB2PROD with PROPOSALS
municipal waste, i.e., MWCs. This removal from the SIP. COMAR In this proposed rule, EPA is
amendment is clarifying the standards 26.11.01.10F required fuel burning proposing to include in a final EPA rule
for MWCs. Therefore, this amendment is equipment subject to the COM regulatory text that includes
approvable. requirements in COMAR 26.11.09.05 incorporation by reference. In
• COMAR 26.11.08.04A(2) prohibits and cement kilns subject to the COM accordance with requirements of 1 CFR
discharge of emissions from any requirements in COMAR 26.11.30 to 51.5, EPA is proposing to incorporate by
hazardous waste incinerator that are meet the COM requirements contained reference MDE’s amendments to
‘‘visible to human observers.’’ New in COMAR 26.11.31. COMAR Regulation .10 under COMAR 26.11.01,
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![Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Proposed Rules 42627
General and Administrative Provisions, • Does not have federalism records, System No. 09–90–1701, HHS
and Regulation .04 under COMAR implications as specified in Executive Insider Threat Program Records, from
26.11.08, Control of Incinerators Order 13132 (64 FR 43255, August 10, certain requirements of the Act.
contained in SIP Revision 16–04. As 1999); DATES: Comments on this notice must be
described previously, the amendments • Is not an economically significant received by September 24, 2018.
to COMAR 26.11.01.10, Continuous regulatory action based on health or ADDRESSES: The public should address
Opacity Monitoring Requirements, are safety risks subject to Executive Order written comments on this notice by
as follows: (1) Add a new section 6 to 13045 (62 FR 19885, April 23, 1997); email to hhsinth@hhs.gov or by mail to
COMAR 26.11.01.10A, Applicability • Is not a significant regulatory action the HHS Office of Security and Strategic
and Exceptions; (2) amend section 3 subject to Executive Order 13211 (66 FR Information (OSSI), 200 Independence
under COMAR 26.11.01.10B, General 28355, May 22, 2001); Avenue SW, Washington, DC 20201.
Requirements for COMs; (3) add new • Is not subject to requirements of
FOR FURTHER INFORMATION CONTACT:
sections 5 and 6 under COMAR section 12(d) of the National
General questions about the NPRM may
26.11.01.10B; and (4) remove COMAR Technology Transfer and Advancement
be submitted to the Assistant Deputy
26.11.01.10F, which has been repealed Act of 1995 (15 U.S.C. 272 note) because
Secretary for National Security by email
by the State. The amendment to application of those requirements would
to hhsinth@hhs.gov, by telephone to
COMAR 26.11.08, Control of be inconsistent with the CAA; and
(202) 690–5756, or by mail to the HHS
Incinerators, consists of an addition of • Does not provide EPA with the
Office of Security and Strategic
a new section D to Regulation .04, discretionary authority to address, as
Information (OSSI), 200 Independence
Visible Emissions. EPA has made, and appropriate, disproportionate human
Avenue SW, Washington, DC 20201.
will continue to make, these materials health or environmental effects, using
practicable and legally permissible SUPPLEMENTARY INFORMATION:
generally available through http://
www.regulations.gov and at the EPA methods, under Executive Order 12898 I. Background on the Insider Threat
Region III Office (please contact the (59 FR 7629, February 16, 1994). Program and New System of Records
person identified in the FOR FURTHER In addition, this proposed rule, 09–90–1701
INFORMATION CONTACT section of this proposing to approve Maryland SIP
Each federal agency is mandated by
preamble for more information). Revision 16–04, COMs requirements for
Presidential Executive Order 13587,
MWCs and Cement Plants, does not
V. Statutory and Executive Order issued October 7, 2011, to establish an
have tribal implications as specified by
Reviews insider threat detection and prevention
Executive Order 13175 (65 FR 67249,
program to ensure the security of
Under the CAA, the Administrator is November 9, 2000), because the SIP is
classified networks and the responsible
required to approve a SIP submission not approved to apply in Indian country
sharing and safeguarding of classified
that complies with the provisions of the located in the state, and EPA notes that
information consistent with appropriate
CAA and applicable federal regulations. it will not impose substantial direct
protections for privacy and civil
42 U.S.C. 7410(k); 40 CFR 52.02(a). costs on tribal governments or preempt
liberties. The order states in section 2.1:
Thus, in reviewing SIP submissions, tribal law.
The heads of agencies that operate or
EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 access classified computer networks
provided that they meet the criteria of shall have responsibility for
the CAA. Accordingly, this action Environmental protection, Air
pollution control, Incorporation by appropriately sharing and safeguarding
merely approves state law as meeting classified information on computer
federal requirements and does not reference, Intergovernmental relations,
Particulate matter, Reporting and networks. As part of this responsibility,
impose additional requirements beyond they shall implement an insider threat
those imposed by state law. For that recordkeeping requirements.
detection and prevention program
reason, this proposed action: Authority: 42 U.S.C. 7401 et seq. consistent with guidance and standards
• Is not a ‘‘significant regulatory Dated: August 9, 2018. developed by the Insider Threat Task
action’’ subject to review by the Office Cecil Rodrigues, Force established in section 6 of this
of Management and Budget under order.
Acting Regional Administrator, Region III.
Executive Orders 12866 (58 FR 51735, A threat need not be directed at
[FR Doc. 2018–18276 Filed 8–22–18; 8:45 am]
October 4, 1993) and 13563 (76 FR 3821, classified information to threaten
BILLING CODE 6560–50–P
January 21, 2011); classified networks. Consequently,
• Is not an Executive Order 13771 (82 insider threats include any of the
FR 9339, February 2, 2017) regulatory following: Attempted or actual
action because SIP approvals are DEPARTMENT OF HEALTH AND espionage, subversion, sabotage,
exempted under Executive Order 12866. HUMAN SERVICES terrorism, or extremist activities
• Does not impose an information directed against the Department and its
45 CFR Part 5b
collection burden under the provisions personnel, facilities, information
of the Paperwork Reduction Act (44 RIN 0991–AC10 resources, and activities; unauthorized
U.S.C. 3501 et seq.); use of or intrusion into automated
• Is certified as not having a Privacy Act; Implementation information systems; unauthorized
significant economic impact on a AGENCY: Department of Health and disclosure of classified, controlled
daltland on DSKBBV9HB2PROD with PROPOSALS
substantial number of small entities Human Services. unclassified, sensitive, or proprietary
under the Regulatory Flexibility Act (5 ACTION: Notice of proposed rulemaking. information to technology; indicators of
U.S.C. 601 et seq.); potential insider threats or other
• Does not contain any unfunded SUMMARY: In accordance with the incidents that may indicate activities of
mandate or significantly or uniquely Privacy Act of 1974, as amended (the an insider threat; and other threats to
affect small governments, as described Act), the Department of Health and the Department, such as indicators of
in the Unfunded Mandates Reform Act Human Services (HHS or Department) is potential for workplace violence or
of 1995 (Pub. L. 104–4); proposing to exempt a new system of misconduct.
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Document Created: 2018-08-23 00:33:09
Document Modified: 2018-08-23 00:33:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 24, 2018. | |
| Contact | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 83 FR 42624 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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