83_FR_60590 83 FR 60363 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Regional Haze Five-Year Progress Report

83 FR 60363 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Regional Haze Five-Year Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range60363-60366
FR Document2018-25556

The Environmental Protection Agency (EPA) is approving Maryland's regional haze progress report, submitted on August 9, 2017, as a revision to its State Implementation Plan (SIP). Maryland's SIP revision addresses Clean Air Act (CAA) provisions and EPA regulations that require each state to submit periodic reports describing the State's progress towards reasonable progress goals (RPGs) established for regional haze and to make a determination of the adequacy of the State's existing regional haze SIP. The EPA is approving Maryland's determination that the State's regional haze SIP is adequate to meet the RPGs for the first implementation period.

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60363-60366]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25556]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0598; FRL-9986-76-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Regional Haze Five-Year Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Maryland's regional haze progress report, submitted on August 9, 2017, 
as a revision to its State Implementation Plan (SIP). Maryland's SIP 
revision addresses Clean Air Act (CAA) provisions and EPA regulations 
that require each state to submit periodic reports describing the 
State's progress towards reasonable progress goals (RPGs) established 
for regional haze and to make a determination of the adequacy of the 
State's existing regional haze SIP. The EPA is approving Maryland's 
determination that the State's regional haze SIP is adequate to meet 
the RPGs for the first implementation period.

DATES: This final rule is effective on December 26, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0598. 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: Erin Trouba, (215) 814-2023, or by 
email at trouba.erin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Regional Haze Rule, each state was required to submit to 
EPA an implementation plan addressing regional haze visibility 
impairment for the first implementation period through 2018, and then 
was required to submit

[[Page 60364]]

a progress report in the form of a SIP revision that evaluates progress 
towards the RPGs set for each mandatory Class I Federal area within the 
state and for each mandatory Class I Federal area outside the state 
which may be affected by emissions from within the state. 40 CFR 
51.308(g). Each state is also required to submit, at the same time as 
the progress report, a determination of the adequacy of its existing 
regional haze SIP. 40 CFR 51.308(h). The first progress report SIP is 
due five years after submittal of the initial regional haze SIP.
    On February 13, 2012, Maryland submitted the State's first regional 
haze SIP in accordance with the requirements of 40 CFR 51.308. The 
progress report SIP was submitted by Maryland, through the Maryland 
Department of the Environment (MDE), on August 9, 2017. On August 27, 
2018 (83 FR 43571), EPA published a notice of proposed rulemaking 
(NPRM) in which EPA proposed approval of Maryland's regional haze 5-
year progress report SIP, a report on progress made in the first 
implementation period towards RPGs for Class I areas outside the State 
that are affected by emissions from Maryland's sources. Because there 
are no Class I areas in Maryland, the State did not need to address 
progress towards RPGs for Class I areas ``inside'' the State. This 
progress report SIP also included the State's determination that its 
existing regional haze SIP requires no substantive revision to achieve 
the established regional haze visibility improvement and emissions 
reduction goals for 2018.

II. Summary of SIP Revision and EPA Analysis

    Maryland's regional haze 5-year progress report SIP submittal (2017 
Progress Report) addresses the required elements for progress reports 
under the provisions of 40 CFR 51.308(g) and includes a determination 
that the State's existing regional haze SIP requires no substantive 
revision to achieve the established regional haze visibility 
improvement and emissions reduction goals for 2018 as required by 40 
CFR 51.308(h).
    In the NPRM, EPA proposed to approve the 2017 Progress Report 
because EPA found that the 2017 Progress Report addressed the elements 
of 40 CFR 51.308(g) regarding progress implementing the approved 
regional haze SIP and discussed visibility improvement in Class I areas 
impacted by Maryland's emissions. The detailed rationale for EPA's 
action is explained in the NPRM and will not be restated here. In 
addition, pursuant to 40 CFR 51.308(h), states are required to submit, 
at the same time as the progress report submission, a determination of 
the adequacy of their existing regional haze SIP. In the 2017 Progress 
Report, Maryland declared that its existing regional haze SIP required 
no substantive revision to achieve the RPGs for Class I areas. As 
explained in detail in the NPRM, EPA concluded Maryland adequately 
addressed 40 CFR 51.308(h) because decreasing emissions of visibility 
impairing pollutants and progress of regional Class I areas towards 
RPGs for 2018 indicate that no further revisions to Maryland's SIP are 
necessary for this first regional haze implementation period. 
Therefore, EPA concluded the 2017 Progress Report met the requirements 
of 40 CFR 51.308(h).

III. Summary of Public Comments and EPA's Response

    One public comment was received on the NPRM. A summary of the 
comment and EPA's response are provided in this section. The comment is 
provided in the docket for this final rulemaking action.
    Comment: The commenter stated Maryland's plan does not adequately 
address regional haze progress, alleged that the State's electric 
generating units (EGUs) did not reduce sulfur dioxide (SO2) 
emissions by ninety percent (90%), and alleged a pulp mill and EGU in 
Maryland continue to emit large amounts of SO2. The 
commenter stated Maryland's BART (Best Available Retrofit Technology) 
determinations were and continue to be inadequate. The commenter stated 
Maryland's sulfur fuel oil limits are not low and asked EPA to compare 
Maryland's limits to other states.
    Response: EPA reviewed Maryland's 2017 Progress Report against the 
requirements for progress reports in 40 CFR 51.308(g) and (h). EPA 
found the 2017 Progress Report evaluated progress towards the RPGs and 
determined that the existing Maryland regional haze SIP is adequate to 
meet those RPGs because the 2017 Progress Report showed decreasing 
emissions of visibility impairing pollutants and significant progress 
of regional Class I areas to meeting or exceeding RPGs for 2018. 
Maryland's 2017 Progress Report documented emission reductions from 
point source, non-road, on-road, and area source sectors. Thus, EPA 
agreed with Maryland's determination that no further revisions to 
Maryland's SIP are necessary for this first regional haze 
implementation period.
    40 CFR 51.308(g)(1) requires progress reports to contain a 
description of the status of implementation of all measures included in 
the implementation plan for achieving RPGs for Class I areas. One 
implementation measure that is required to be described in the progress 
report is the implementation of BART. As stated in the NPRM and in the 
2017 Progress Report, Maryland discussed the implementation of BART at 
EGUs and at Holcim Cement and Luke Pulp and Paper Mill. The adequacy of 
these measures as BART was determined by EPA when EPA approved the 
Maryland regional haze SIP in 2012. 77 FR 39938 (July 6, 2012). Nothing 
in the CAA or in 40 CFR 51.308(g) or (h) requires Maryland or EPA to 
reexamine the BART determinations when reviewing a progress report.
    In addition, in the 2017 Progress Report, Maryland addressed the 
implementation of the Healthy Air Act (HAA) which was a measure 
employed by Maryland for its regional haze SIP to achieve a 90% 
reduction of SO2 from coal-fired EGUs within the State to 
address RPGs for Class I areas impacted by Maryland and to address BART 
for those eligible EGUs. For a discussion of the HAA as the approved 
BART-alternative for EGUs in Maryland, see EPA's approval of the 
Maryland regional haze SIP at 77 FR 39938. In the 2017 Progress Report, 
Maryland included SO2 emissions data for EGUs demonstrating 
reductions from the HAA as well as from other SO2 reducing 
regulations. Therefore, as a factual matter, EPA disagrees with the 
commenter that Maryland did not reduce SO2 emissions by 90% 
from EGUs to meet the regional haze SIP measures. Maryland also 
discussed the implementation of BART within the State and thus met 
requirements for progress reports in 40 CFR 51.308. The commenter 
provided no information that Maryland had not implemented BART as 
approved by EPA.\1\
---------------------------------------------------------------------------

    \1\ In June 2012, EPA approved BART emission limits for power 
boiler 25, a BART subject source, at the Verso Luke Paper Mill. 77 
FR 39938 (June 13, 2012). In July 2017, EPA removed the previously 
approved BART requirements for SO2 and nitrogen oxides 
(NOx) from power boiler 25 (No. 25) and replaced them with new, 
alternative emission requirements as BART. EPA established an annual 
SO2 cap for power boiler 25 and approved alternative BART 
emission limits for SO2 and NOx for power boiler 24 (No. 
24). 82 FR 35451 (July 31, 2017).
---------------------------------------------------------------------------

    Regarding the commenter's concern about fuel sulfur limits, EPA 
addressed Maryland's fuel sulfur requirements in the approval of 
Maryland's regional haze SIP. As EPA stated when proposing to approve 
Maryland's regional haze SIP, since Maryland has not adopted a low 
sulfur fuel oil strategy, the State has a deficiency of 7,473.4 tons 
per year (tpy) of SO2 emissions. However, Maryland has a

[[Page 60365]]

surplus of SO2 emission reductions of 57,552 tpy resulting 
from the HAA. This surplus accounts for the SO2 emission 
reductions needed to meet the requirements of the low sulfur fuel 
strategy. 77 FR 11827, 11835 (Feb. 28, 2012). As EPA approved 
Maryland's regional haze SIP without Maryland having a low sulfur fuel 
strategy as a measure for its SIP, whether or not Maryland has such a 
strategy now implemented, and whether any sulfur fuel requirements 
Maryland has are less stringent than other states, are not relevant or 
appropriate considerations before EPA in evaluating the 2017 Progress 
Report. 40 CFR 51.308(g) relates to discussion of the implementation of 
measures approved into a state's regional haze SIP. Thus, the 2017 
Progress Report did not need to address any sulfur fuel requirements as 
those are not part of the Maryland regional haze SIP. As EPA found 
Maryland addressed its progress towards meeting RPGs in Class I areas 
impacted by Maryland emissions and addressed visibility improvement 
from measures in the Maryland SIP, EPA is approving the 2017 Progress 
Report as addressing 40 CFR 51.308(g).

IV. Final Action

    EPA is approving Maryland's 2017 Progress Report submitted on 
August 9, 2017, as meeting the applicable regional haze requirements 
set forth in 40 CFR 51.308(g) and (h) as well as CAA section 110 
requirements for SIPs.

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 January 25, 2019. 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 to approve Maryland's regional haze 5-year progress 
report SIP revision may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2))

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 13, 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 (e) is amended by adding 
the entry for ``Regional Haze Five-Year Progress Report'' at the end of 
the table to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

[[Page 60366]]



----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regional Haze Five-Year Progress   Statewide..........       8/09/2017  11/26/2018, [Insert
 Report.                                                                 Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-25556 Filed 11-23-18; 8:45 am]
BILLING CODE 6560-50-P



                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations                                                       60363

     agreement. . . .’’ 17 U.S.C.                            § 384.3 Royalty fees for ephemeral                                   ENVIRONMENTAL PROTECTION
     801(b)(7)(A)(i). Participants in the                    recordings.                                                          AGENCY
     proceeding may also ‘‘object to [the                       (a) Basic royalty rate. (1) For the
     agreement’s] adoption as a basis for                                                                                         40 CFR Part 52
                                                             making of any number of Ephemeral
     statutory terms and rates.’’ Id.                        Recordings in the operation of a                                     [EPA–R03–OAR–2017–0598; FRL–9986–76–
       The Judges ‘‘may decline to adopt the                 Business Establishment Service, a                                    Region 3]
     agreement as a basis for statutory terms                Licensee shall pay a royalty equal to the
     and rates for participants that are not                                                                                      Approval and Promulgation of Air
                                                             following percentages of such Licensee’s
     parties to the agreement,’’ only ‘‘if any                                                                                    Quality Implementation Plans;
                                                             ‘‘Gross Proceeds’’ derived from the use                              Maryland; Regional Haze Five-Year
     participant [in the proceeding] objects to              in such service of musical programs that
     the agreement and the [Judges]                                                                                               Progress Report
                                                             are attributable to copyrighted
     conclude, based on the record before                                                                                         AGENCY:  Environmental Protection
                                                             recordings:
     them if one exists, that the agreement                                                                                       Agency (EPA).
     does not provide a reasonable basis for
                                                                                                                        Rate      ACTION: Final rule.
     setting statutory terms or rates.’’ 17                                       Year                                   %
     U.S.C. 801(b)(7)(A)(ii). Accordingly, on                                                                                     SUMMARY:    The Environmental Protection
     May 17, 2018, the Judges published a                    2019   ..............................................         12.5   Agency (EPA) is approving Maryland’s
     document requesting comment on the                      2020   ..............................................        12.75   regional haze progress report, submitted
     proposed rates and terms. 83 FR 22907.                  2021   ..............................................         13.0   on August 9, 2017, as a revision to its
     The Judges received no timely                           2022   ..............................................        13.25   State Implementation Plan (SIP).
     comments or objections in response to                   2023   ..............................................         13.5   Maryland’s SIP revision addresses Clean
     the May 17 document.                                                                                                         Air Act (CAA) provisions and EPA
       Having received no opposition to the                     (2) ‘‘Gross Proceeds’’ as used in this                            regulations that require each state to
     proposal and finding that the agreement                 section means all fees and payments,                                 submit periodic reports describing the
     among the moving parties provides a                     including those made in kind, received                               State’s progress towards reasonable
     reasonable basis for setting statutory                  from any source before, during or after                              progress goals (RPGs) established for
     terms and rates, the Judges, by this                    the License Period that are derived from                             regional haze and to make a
     notice, adopt as final regulations the                  the use of copyrighted sound recordings                              determination of the adequacy of the
     rates and terms for the making of an                    during the License Period pursuant to                                State’s existing regional haze SIP. The
     ephemeral recording by a business                       17 U.S.C. 112(e) for the sole purpose of                             EPA is approving Maryland’s
     establishment service for the period                    facilitating a transmission to the public                            determination that the State’s regional
     January 1, 2019, through December 31,                   of a performance of a sound recording                                haze SIP is adequate to meet the RPGs
     2023.                                                   under the limitation on exclusive rights                             for the first implementation period.
     List of Subjects in 37 CFR Part 384                     specified in 17 U.S.C. 114(d)(1)(C)(iv).                             DATES: This final rule is effective on
                                                             The attribution of Gross Proceeds to                                 December 26, 2018.
        Copyright, Digital audio                             copyrighted recordings may be made on                                ADDRESSES: EPA has established a
     transmissions, Ephemeral recordings,                                                                                         docket for this action under Docket ID
                                                             the basis of:
     Performance right, Sound recordings.                                                                                         Number EPA–R03–OAR–2017–0598. All
                                                                (i) For classical programs, the
     Final Regulations                                                                                                            documents in the docket are listed on
                                                             proportion that the playing time of
                                                                                                                                  the https://www.regulations.gov
       For the reasons set forth in the                      copyrighted classical recordings bears to
                                                                                                                                  website. Although listed in the index,
     preamble, the Judges amend part 384 of                  the total playing time of all classical                              some information is not publicly
     chapter III of title 37 of the Code of                  recordings in the program; and                                       available, e.g., confidential business
     Federal Regulations as follows:                            (ii) For all other programs, the                                  information (CBI) or other information
                                                             proportion that the number of                                        whose disclosure is restricted by statute.
     PART 384—RATES AND TERMS FOR                            copyrighted recordings bears to the total                            Certain other material, such as
     THE MAKING OF EPHEMERAL                                                                                                      copyrighted material, is not placed on
                                                             number of all recordings in the program.
     RECORDINGS BY BUSINESS                                                                                                       the internet and will be publicly
     ESTABLISHMENT SERVICES                                  *       *    *     *     *
                                                                                                                                  available only in hard copy form.
                                                             § 384.5     [Amended]                                                Publicly available docket materials are
     ■ 1. The authority citation for part 384                                                                                     available through https://
     continues to read as follows:                           ■ 4. In § 384.5, amend paragraph (d)(4)                              www.regulations.gov, or please contact
         Authority: 17 U.S.C. 112(e), 801(b)(1).             by removing the second comma before                                  the person identified in the FOR FURTHER
                                                             the word ‘‘subject’’.                                                INFORMATION CONTACT section for
     § 384.1    [Amended]
                                                               Dated: September 17, 2018.                                         additional availability information.
     ■  2. In § 384.1, amend paragraph (a) by                David R. Strickler,                                                  FOR FURTHER INFORMATION CONTACT: Erin
     removing ‘‘January 1, 2014, through                     Copyright Royalty Judge.                                             Trouba, (215) 814–2023, or by email at
     December 31, 2018’’ and adding                          Jesse M. Feder,                                                      trouba.erin@epa.gov.
     ‘‘January 1, 2019, through December 31,                 Copyright Royalty Judge.                                             SUPPLEMENTARY INFORMATION:
     2023’’ in its place.
                                                             Suzanne M. Barnett,                                                  I. Background
     ■  3. Amend § 384.3 by:                                 Chief Copyright Royalty Judge.
                                                                                                                                    Under the Regional Haze Rule, each
     ■ a. Revising paragraph (a); and
                                                             Carla D. Hayden,                                                     state was required to submit to EPA an
     ■ b. In paragraph (b), removing                                                                                              implementation plan addressing
                                                             Librarian of Congress.
     ‘‘$10,000’’ and adding ‘‘$20,000’’ in its                                                                                    regional haze visibility impairment for
                                                             [FR Doc. 2018–25458 Filed 11–23–18; 8:45 am]
     place.                                                                                                                       the first implementation period through
                                                             BILLING CODE 1410–72–P
        The revision reads as follows:                                                                                            2018, and then was required to submit


VerDate Sep<11>2014   16:13 Nov 23, 2018   Jkt 247001   PO 00000   Frm 00031       Fmt 4700       Sfmt 4700          E:\FR\FM\26NOR1.SGM   26NOR1


     60364            Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations

     a progress report in the form of a SIP                  51.308(h), states are required to submit,             achieving RPGs for Class I areas. One
     revision that evaluates progress towards                at the same time as the progress report               implementation measure that is
     the RPGs set for each mandatory Class                   submission, a determination of the                    required to be described in the progress
     I Federal area within the state and for                 adequacy of their existing regional haze              report is the implementation of BART.
     each mandatory Class I Federal area                     SIP. In the 2017 Progress Report,                     As stated in the NPRM and in the 2017
     outside the state which may be affected                 Maryland declared that its existing                   Progress Report, Maryland discussed the
     by emissions from within the state. 40                  regional haze SIP required no                         implementation of BART at EGUs and at
     CFR 51.308(g). Each state is also                       substantive revision to achieve the RPGs              Holcim Cement and Luke Pulp and
     required to submit, at the same time as                 for Class I areas. As explained in detail             Paper Mill. The adequacy of these
     the progress report, a determination of                 in the NPRM, EPA concluded Maryland                   measures as BART was determined by
     the adequacy of its existing regional                   adequately addressed 40 CFR 51.308(h)                 EPA when EPA approved the Maryland
     haze SIP. 40 CFR 51.308(h). The first                   because decreasing emissions of                       regional haze SIP in 2012. 77 FR 39938
     progress report SIP is due five years                   visibility impairing pollutants and                   (July 6, 2012). Nothing in the CAA or in
     after submittal of the initial regional                 progress of regional Class I areas                    40 CFR 51.308(g) or (h) requires
     haze SIP.                                               towards RPGs for 2018 indicate that no                Maryland or EPA to reexamine the
        On February 13, 2012, Maryland                       further revisions to Maryland’s SIP are               BART determinations when reviewing a
     submitted the State’s first regional haze               necessary for this first regional haze                progress report.
     SIP in accordance with the requirements                 implementation period. Therefore, EPA                    In addition, in the 2017 Progress
     of 40 CFR 51.308. The progress report                   concluded the 2017 Progress Report met                Report, Maryland addressed the
     SIP was submitted by Maryland,                          the requirements of 40 CFR 51.308(h).                 implementation of the Healthy Air Act
     through the Maryland Department of the                                                                        (HAA) which was a measure employed
     Environment (MDE), on August 9, 2017.                   III. Summary of Public Comments and                   by Maryland for its regional haze SIP to
     On August 27, 2018 (83 FR 43571), EPA                   EPA’s Response                                        achieve a 90% reduction of SO2 from
     published a notice of proposed                             One public comment was received on                 coal-fired EGUs within the State to
     rulemaking (NPRM) in which EPA                          the NPRM. A summary of the comment                    address RPGs for Class I areas impacted
     proposed approval of Maryland’s                         and EPA’s response are provided in this               by Maryland and to address BART for
     regional haze 5-year progress report SIP,               section. The comment is provided in the               those eligible EGUs. For a discussion of
     a report on progress made in the first                  docket for this final rulemaking action.              the HAA as the approved BART-
     implementation period towards RPGs                         Comment: The commenter stated                      alternative for EGUs in Maryland, see
     for Class I areas outside the State that                Maryland’s plan does not adequately                   EPA’s approval of the Maryland regional
     are affected by emissions from                          address regional haze progress, alleged               haze SIP at 77 FR 39938. In the 2017
     Maryland’s sources. Because there are                   that the State’s electric generating units            Progress Report, Maryland included SO2
     no Class I areas in Maryland, the State                 (EGUs) did not reduce sulfur dioxide                  emissions data for EGUs demonstrating
     did not need to address progress                        (SO2) emissions by ninety percent                     reductions from the HAA as well as
     towards RPGs for Class I areas ‘‘inside’’               (90%), and alleged a pulp mill and EGU                from other SO2 reducing regulations.
     the State. This progress report SIP also                in Maryland continue to emit large                    Therefore, as a factual matter, EPA
     included the State’s determination that                 amounts of SO2. The commenter stated                  disagrees with the commenter that
     its existing regional haze SIP requires no              Maryland’s BART (Best Available                       Maryland did not reduce SO2 emissions
     substantive revision to achieve the                     Retrofit Technology) determinations                   by 90% from EGUs to meet the regional
     established regional haze visibility                    were and continue to be inadequate.                   haze SIP measures. Maryland also
     improvement and emissions reduction                     The commenter stated Maryland’s sulfur                discussed the implementation of BART
     goals for 2018.                                         fuel oil limits are not low and asked                 within the State and thus met
                                                             EPA to compare Maryland’s limits to                   requirements for progress reports in 40
     II. Summary of SIP Revision and EPA                     other states.                                         CFR 51.308. The commenter provided
     Analysis                                                   Response: EPA reviewed Maryland’s                  no information that Maryland had not
        Maryland’s regional haze 5-year                      2017 Progress Report against the                      implemented BART as approved by
     progress report SIP submittal (2017                     requirements for progress reports in 40               EPA.1
     Progress Report) addresses the required                 CFR 51.308(g) and (h). EPA found the                     Regarding the commenter’s concern
     elements for progress reports under the                 2017 Progress Report evaluated progress               about fuel sulfur limits, EPA addressed
     provisions of 40 CFR 51.308(g) and                      towards the RPGs and determined that                  Maryland’s fuel sulfur requirements in
     includes a determination that the State’s               the existing Maryland regional haze SIP               the approval of Maryland’s regional
     existing regional haze SIP requires no                  is adequate to meet those RPGs because                haze SIP. As EPA stated when
     substantive revision to achieve the                     the 2017 Progress Report showed                       proposing to approve Maryland’s
     established regional haze visibility                    decreasing emissions of visibility                    regional haze SIP, since Maryland has
     improvement and emissions reduction                     impairing pollutants and significant                  not adopted a low sulfur fuel oil
     goals for 2018 as required by 40 CFR                    progress of regional Class I areas to                 strategy, the State has a deficiency of
     51.308(h).                                              meeting or exceeding RPGs for 2018.                   7,473.4 tons per year (tpy) of SO2
        In the NPRM, EPA proposed to                         Maryland’s 2017 Progress Report                       emissions. However, Maryland has a
     approve the 2017 Progress Report                        documented emission reductions from
     because EPA found that the 2017                         point source, non-road, on-road, and                     1 In June 2012, EPA approved BART emission

     Progress Report addressed the elements                  area source sectors. Thus, EPA agreed                 limits for power boiler 25, a BART subject source,
     of 40 CFR 51.308(g) regarding progress                  with Maryland’s determination that no                 at the Verso Luke Paper Mill. 77 FR 39938 (June 13,
                                                                                                                   2012). In July 2017, EPA removed the previously
     implementing the approved regional                      further revisions to Maryland’s SIP are               approved BART requirements for SO2 and nitrogen
     haze SIP and discussed visibility                       necessary for this first regional haze                oxides (NOx) from power boiler 25 (No. 25) and
     improvement in Class I areas impacted                   implementation period.                                replaced them with new, alternative emission
     by Maryland’s emissions. The detailed                      40 CFR 51.308(g)(1) requires progress              requirements as BART. EPA established an annual
                                                                                                                   SO2 cap for power boiler 25 and approved
     rationale for EPA’s action is explained                 reports to contain a description of the               alternative BART emission limits for SO2 and NOx
     in the NPRM and will not be restated                    status of implementation of all measures              for power boiler 24 (No. 24). 82 FR 35451 (July 31,
     here. In addition, pursuant to 40 CFR                   included in the implementation plan for               2017).



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                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations                                              60365

     surplus of SO2 emission reductions of                      • Is not an Executive Order 13771 (82              required information to the U.S. Senate,
     57,552 tpy resulting from the HAA. This                 FR 9339, February 2, 2017) regulatory                 the U.S. House of Representatives, and
     surplus accounts for the SO2 emission                   action because SIP approvals are                      the Comptroller General of the United
     reductions needed to meet the                           exempted under Executive Order 12866.                 States prior to publication of the rule in
     requirements of the low sulfur fuel                        • Does not impose an information                   the Federal Register. A major rule
     strategy. 77 FR 11827, 11835 (Feb. 28,                  collection burden under the provisions                cannot take effect until 60 days after it
     2012). As EPA approved Maryland’s                       of the Paperwork Reduction Act (44                    is published in the Federal Register.
     regional haze SIP without Maryland                      U.S.C. 3501 et seq.);                                 This action is not a ‘‘major rule’’ as
     having a low sulfur fuel strategy as a                     • Is certified as not having a                     defined by 5 U.S.C. 804(2).
     measure for its SIP, whether or not                     significant economic impact on a
                                                             substantial number of small entities                  C. Petitions for Judicial Review
     Maryland has such a strategy now
     implemented, and whether any sulfur                     under the Regulatory Flexibility Act (5                  Under section 307(b)(1) of the CAA,
     fuel requirements Maryland has are less                 U.S.C. 601 et seq.);                                  petitions for judicial review of this
     stringent than other states, are not                       • Does not contain any unfunded                    action must be filed in the United States
     relevant or appropriate considerations                  mandate or significantly or uniquely                  Court of Appeals for the appropriate
     before EPA in evaluating the 2017                       affect small governments, as described                circuit by January 25, 2019. Filing a
     Progress Report. 40 CFR 51.308(g)                       in the Unfunded Mandates Reform Act                   petition for reconsideration by the
     relates to discussion of the                            of 1995 (Pub. L. 104–4);                              Administrator of this final rule does not
     implementation of measures approved                        • Does not have Federalism
                                                                                                                   affect the finality of this action for the
     into a state’s regional haze SIP. Thus,                 implications as specified in Executive
                                                                                                                   purposes of judicial review nor does it
     the 2017 Progress Report did not need                   Order 13132 (64 FR 43255, August 10,
                                                                                                                   extend the time within which a petition
     to address any sulfur fuel requirements                 1999);
                                                                • Is not an economically significant               for judicial review may be filed, and
     as those are not part of the Maryland                                                                         shall not postpone the effectiveness of
                                                             regulatory action based on health or
     regional haze SIP. As EPA found                                                                               such rule or action. This action to
                                                             safety risks subject to Executive Order
     Maryland addressed its progress                                                                               approve Maryland’s regional haze 5-year
                                                             13045 (62 FR 19885, April 23, 1997);
     towards meeting RPGs in Class I areas                      • Is not a significant regulatory action           progress report SIP revision may not be
     impacted by Maryland emissions and                      subject to Executive Order 13211 (66 FR               challenged later in proceedings to
     addressed visibility improvement from                   28355, May 22, 2001);                                 enforce its requirements. (See section
     measures in the Maryland SIP, EPA is                       • Is not subject to requirements of                307(b)(2))
     approving the 2017 Progress Report as                   Section 12(d) of the National
     addressing 40 CFR 51.308(g).                                                                                  List of Subjects in 40 CFR Part 52
                                                             Technology Transfer and Advancement
     IV. Final Action                                        Act of 1995 (15 U.S.C. 272 note) because                Environmental protection, Air
                                                             application of those requirements would               pollution control, Carbon monoxide,
       EPA is approving Maryland’s 2017                      be inconsistent with the CAA; and                     Incorporation by reference,
     Progress Report submitted on August 9,                     • Does not provide EPA with the                    Intergovernmental relations, Nitrogen
     2017, as meeting the applicable regional                discretionary authority to address, as                dioxide, Ozone, Particulate matter,
     haze requirements set forth in 40 CFR                   appropriate, disproportionate human                   Reporting and recordkeeping
     51.308(g) and (h) as well as CAA section                health or environmental effects, using                requirements, Sulfur oxides, Volatile
     110 requirements for SIPs.                              practicable and legally permissible                   organic compounds.
     V. Statutory and Executive Order                        methods, under Executive Order 12898                    Dated: November 13, 2018.
     Reviews                                                 (59 FR 7629, February 16, 1994).                      Cosmo Servidio,
                                                                In addition, this rule does not have
                                                                                                                   Regional Administrator, Region III.
     A. General Requirements                                 tribal implications as specified by
                                                             Executive Order 13175 (65 FR 67249,                       40 CFR part 52 is amended as follows:
       Under the CAA, the Administrator is                   November 9, 2000), because the SIP is
     required to approve a SIP submission                    not approved to apply in Indian country               PART 52—APPROVAL AND
     that complies with the provisions of the                located in the state, and EPA notes that              PROMULGATION OF
     CAA and applicable Federal regulations.                 it will not impose substantial direct                 IMPLEMENTATION PLANS
     42 U.S.C. 7410(k); 40 CFR 52.02(a).                     costs on tribal governments or preempt
     Thus, in reviewing SIP submissions,                     tribal law.                                           ■ 1. The authority citation for part 52
     EPA’s role is to approve state choices,                                                                       continues to read as follows:
     provided that they meet the criteria of                 B. Submission to Congress and the
                                                                                                                       Authority: 42 U.S.C. 7401 et seq.
     the CAA. Accordingly, this action                       Comptroller General
     merely approves state law as meeting                      The Congressional Review Act, 5                     Subpart V—Maryland
     Federal requirements and does not                       U.S.C. 801 et seq., as added by the Small
     impose additional requirements beyond                   Business Regulatory Enforcement                       ■  2. In § 52.1070, the table in paragraph
     those imposed by state law. For that                    Fairness Act of 1996, generally provides              (e) is amended by adding the entry for
     reason, this action:                                    that before a rule may take effect, the               ‘‘Regional Haze Five-Year Progress
       • Is not a ‘‘significant regulatory                   agency promulgating the rule must                     Report’’ at the end of the table to read
     action’’ subject to review by the Office                submit a rule report, which includes a                as follows:
     of Management and Budget under                          copy of the rule, to each House of the
     Executive Orders 12866 (58 FR 51735,                    Congress and to the Comptroller General               § 52.1070    Identification of plan.
     October 4, 1993) and 13563 (76 FR 3821,                 of the United States. EPA will submit a               *       *    *      *     *
     January 21, 2011);                                      report containing this action and other                   (e) * * *




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     60366            Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations

       Name of non-regulatory SIP                                                      State submittal
                                            Applicable geographic area                                             EPA approval date              Additional explanation
                revision                                                                    date


              *                        *                         *                             *                       *                      *                  *
     Regional Haze Five-Year               Statewide ...............................         8/09/2017        11/26/2018, [Insert Federal
       Progress Report.                                                                                         Register citation].



     [FR Doc. 2018–25556 Filed 11–23–18; 8:45 am]                SUPPLEMENTARY INFORMATION:                                  Information not marked confidential
     BILLING CODE 6560–50–P                                                                                                  pursuant to 40 CFR part 2 may be
                                                                 I. General Information
                                                                                                                             disclosed publicly by EPA without prior
                                                                 A. Does this action apply to me?                            notice. Submit the non-CBI copy of your
     ENVIRONMENTAL PROTECTION                                       You may be potentially affected by                       objection or hearing request, identified
     AGENCY                                                      this action if you are an agricultural                      by docket ID number EPA–HQ–OPP–
                                                                 producer, food manufacturer, or                             2011–0971, by one of the following
     40 CFR Part 180                                                                                                         methods:
                                                                 pesticide manufacturer. The following
     [EPA–HQ–OPP–2011–0971; FRL–9977–14]                         list of North American Industrial                             • Federal eRulemaking Portal: http://
                                                                 Classification System (NAICS) codes is                      www.regulations.gov. Follow the online
     Pyrifluquinazon; Pesticide Tolerances                       not intended to be exhaustive, but rather                   instructions for submitting comments.
                                                                 provides a guide to help readers                            Do not submit electronically any
     AGENCY:  Environmental Protection
                                                                 determine whether this document                             information you consider to be CBI or
     Agency (EPA).
                                                                 applies to them. Potentially affected                       other information whose disclosure is
     ACTION: Final rule.
                                                                 entities may include:                                       restricted by statute.
     SUMMARY:   This regulation establishes                         • Crop production (NAICS code 111).                        • Mail: OPP Docket, Environmental
     tolerances for residues of                                     • Animal production (NAICS code                          Protection Agency Docket Center (EPA/
     pyrifluquinazon in or on multiple                           112).                                                       DC), (28221T), 1200 Pennsylvania Ave.
     commodities that are identified and                            • Food manufacturing (NAICS code                         NW, Washington, DC 20460–0001.
     discussed later in this document.                           311).                                                         • Hand Delivery: To make special
     Nichino America, Inc. requested these                          • Pesticide manufacturing (NAICS                         arrangements for hand delivery or
     tolerances under the Federal Food,                          code 32532).                                                delivery of boxed information, please
     Drug, and Cosmetic Act (FFDCA).                                                                                         follow the instructions at http://
                                                                 B. How can I get electronic access to                       www.epa.gov/dockets/contacts.html.
     DATES: This regulation is effective                         other related information?                                    Additional instructions on
     November 26, 2018. Objections and                                                                                       commenting or visiting the docket,
                                                                    You may access a frequently updated
     requests for hearings must be received                                                                                  along with more information about
                                                                 electronic version of EPA’s tolerance
     on or before January 25, 2019, and must                                                                                 dockets generally, is available at http://
                                                                 regulations at 40 CFR part 180 through
     be filed in accordance with the                                                                                         www.epa.gov/dockets.
                                                                 the Government Printing Office’s e-CFR
     instructions provided in 40 CFR part
                                                                 site at http://www.ecfr.gov/cgi-bin/text-                   II. Summary of Petitioned-For
     178 (see also Unit I.C. of the
                                                                 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                        Tolerances
     SUPPLEMENTARY INFORMATION).
                                                                 40tab_02.tpl.
     ADDRESSES: The docket for this action,                                                                                     In the Federal Register of December 9,
     identified by docket identification (ID)                    C. How can I file an objection or hearing                   2016 (81 FR 89036) (FRL–9953–69) and
     number EPA–HQ–OPP–2011–0971, is                             request?                                                    September 15, 2017 (82 FR 43352)
     available at http://www.regulations.gov                       Under FFDCA section 408(g), 21                            (FRL–9965–43), EPA issued a document
     or at the Office of Pesticide Programs                      U.S.C. 346a, any person may file an                         pursuant to FFDCA section 408(d)(3), 21
     Regulatory Public Docket (OPP Docket)                       objection to any aspect of this regulation                  U.S.C. 346a(d)(3), announcing the filing
     in the Environmental Protection Agency                      and may also request a hearing on those                     of pesticide petitions (PP 6F8502 and PP
     Docket Center (EPA/DC), West William                        objections. You must file your objection                    7E8578, respectively) by Nichino
     Jefferson Clinton Bldg., Rm. 3334, 1301                     or request a hearing on this regulation                     America, Inc., 4550 New Linden Hill
     Constitution Ave. NW, Washington, DC                        in accordance with the instructions                         Road, Suite 501, Wilmington, DE 19808.
     20460–0001. The Public Reading Room                         provided in 40 CFR part 178. To ensure                      The petitions requested that 40 CFR part
     is open from 8:30 a.m. to 4:30 p.m.,                        proper receipt by EPA, you must                             180 be amended by establishing
     Monday through Friday, excluding legal                      identify docket ID number EPA–HQ–                           tolerances for residues of the insecticide
     holidays. The telephone number for the                      OPP–2011–0971 in the subject line on                        pyrifluquinazon, (1-acetyl-3,4-dihydro-
     Public Reading Room is (202) 566–1744,                      the first page of your submission. All                      3-[(3-pyridinylmethyl)amino]-6-[1,2,2,2-
     and the telephone number for the OPP                        objections and requests for a hearing                       tetrafluoro-1-(trifluoromethyl)ethyl]-
     Docket is (703) 305–5805. Please review                     must be in writing, and must be                             2(1H)-quinazolinone), as follows: PP
     the visitor instructions and additional                     received by the Hearing Clerk on or                         6F8502 requested tolerances for
     information about the docket available                      before January 25, 2019. Addresses for                      residues in or on Almond, hulls at 0.4
     at http://www.epa.gov/dockets.                              mail and hand delivery of objections                        parts per million (ppm); Brassica head
     FOR FURTHER INFORMATION CONTACT:                            and hearing requests are provided in 40                     and stem vegetables (crop group 5–16)
     Michael Goodis, Director, Registration                      CFR 178.25(b).                                              at 0.4 ppm; Cattle, fat at 0.01 ppm;
     Division (7505P), Office of Pesticide                         In addition to filing an objection or                     Cattle, meat at 0.01 ppm; Cattle, meat
     Programs, Environmental Protection                          hearing request with the Hearing Clerk                      byproducts at 0.01 ppm; Citrus fruits
     Agency, 1200 Pennsylvania Ave. NW,                          as described in 40 CFR part 178, please                     (crop group 10–10) at 0.5 ppm; Citrus,
     Washington, DC 20460–0001; main                             submit a copy of the filing (excluding                      oil at 14 ppm; Cotton, gin byproducts at
     telephone number: (703) 305–7090;                           any Confidential Business Information                       4.0 ppm; Cotton, undelinted seed at 0.2
     email address: RDFRNotices@epa.gov.                         (CBI)) for inclusion in the public docket.                  ppm; Cucurbit vegetables (crop group 9)


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Document Created: 2018-11-24 00:52:16
Document Modified: 2018-11-24 00:52:16
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 December 26, 2018.
ContactErin Trouba, (215) 814-2023, or by email at [email protected]
FR Citation83 FR 60363 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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