83 FR 64282 - Air Plan Approval; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 240 (December 14, 2018)
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64282-64285 | |
| FR Document | 2018-27049 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Rules and Regulations] [Pages 64282-64285] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27049] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0490; FRL-9987-81-Region 3] Air Plan Approval; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on January 14, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2018-0490. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On August 23, 2018 (83 FR 42624), EPA published a notice of proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed approval of a revision to Maryland's SIP to clarify visible emissions (VE) and continuous opacity monitor (COM) requirements for MWCs and Portland cement plants. The formal SIP revision (SIP Revision 16-04) was submitted by Maryland on May 10, 2016. On February 28, 2018, the Maryland Department of the Environment (MDE) Secretary Ben Grumbles submitted a clarification letter 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, from SIP Revision 16-04. These definitions are no longer part of SIP Revision 16-04 and are not pending before EPA. II. Summary of SIP Revision and EPA Analysis The SIP revision consisted of revisions to COMAR 26.11.01.10, Continuous Opacity Monitoring Requirements. Under COMAR 26.11.01.10A, Applicability and Exceptions, MDE added a new section, COMAR 26.11.01.10A(6), regarding requirements for alternative visible emissions limits. Under COMAR 26.11.01.10B, General Requirements for COMs, MDE amended COMAR 26.11.01.10B(3) to clarify that a COM must comply with the applicable requirements in 40 CFR part 51, appendix P in its entirety. Also under COMAR 26.11.01.10B, MDE added new sections COMAR 26.11.01.10B(5) and 26.11.01.10B(6) to clarify COM requirements for the owners and operators of cement kilns and clinker coolers that are operating COMs and the owners and operators of MWCs that are required to install and operate COMs, respectively. MDE repealed 26.11.01.10F, regarding redundant COMs requirements for fuel burning equipment, and is requesting its removal from the SIP. Finally, MDE amended COMAR 26.11.08, Control of Incinerators, to add a new section D to regulation .04, Visible Emissions. EPA evaluated these amendments and found that they help to clarify requirements for COMs. Therefore, they are approvable. Other specific requirements of Maryland's SIP Revision 16-04 and the rationale for EPA's proposed action are explained in the NPRM and will not be restated here. III. Summary of Public Comments and EPA Responses On September 1, 2018, EPA received adverse comments from one anonymous commenter. Comment: The commenter observed that in the docket for this rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov, Maryland's February 28, 2018 withdrawal letter looked incomplete. EPA Response: Upon receipt of the comment, EPA checked and confirmed that the second page of the letter was inadvertently excluded from the docket. EPA notes that the substance of the letter was contained in the first page of the letter, which was included in the docket. The first page explained that Maryland was withdrawing the definitions of continuous burning and operating time from EPA's consideration as SIP revisions. ``The purpose of this letter is to request a clarification to the Maryland SIP Rev #16-04, to withdraw two definitions under COMAR 26.11.01.01 Definitions from EPA's consideration. Please remove the following two definitions from EPA's consideration for inclusion into Maryland's SIP as part of SIP Rev #16-04: COMAR 26.11.01.01.8: 1. (8-1) Continuous Burning 2. (27-1) Operating Time'' The omitted second page contained only the following closing language: ``. . . SIP submittal (enclosed) is an exact duplicate of the official hard copy. If you have any questions concerning this SIP action, please feel free to call me at (41 0) 537-3084 or Mr. George (Tad) S. Aburn, Jr., Director of the Air and Radiation Administration, at 410-537-3255. Sincerely, Ben Grumbles, Secretary. Enclosure cc: Mr. George (Tad) S. Aburn Jr., Director, Air and Radiation Administration; Ms. Cristina Fernandez, Director, Air Protection Division, EPA Region Ill'' Although all the relevant substantive information was contained in the first page of the letter, which was include in the docket, EPA rectified the omission as quickly as possible. EPA posted Maryland's complete two-page letter, dated February 28, 2018, to Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov, on September 4, 2018. The public comment period ran from August 23, 2018 until September 24, 2018. Comment: The commenter also stated that EPA's NPRM was hard to understand, writing, ``I can't follow which COMAR applies to what COMAR because of what redundancies, changes, or what have you.'' EPA Response: There were numerous changes discussed in EPA's August 23, 2018 NPRM, which readers may find hard to follow. However, in section II of the NPRM, Summary of SIP Revision and EPA Analysis, EPA set out a section by section accounting of the proposed changes to Maryland's SIP. In addition, in Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov, there are numerous documents that are part of Maryland's SIP Revision [[Page 64283]] submittal, which help to clarify the exact COMAR changes. These documents include the following attachments to document number EPA-R03- OAR-2018-0490-0002, which is Maryland's SIP revision submittal letter. ------------------------------------------------------------------------ Document number/title Explanation ------------------------------------------------------------------------ 3a-original COMAR eff VE Incinerator Current Effective COMAR text SIP 16-04. per MDE as of last action final effective 2/15/16; COMAR 26.11.08--Control of Incinerators--.04 ONLY. 3a-updated COMAR eff text with notes Current Effective COMAR text, SIP 16-04 Rev_02092018. as approved after SIP 15-05 including SIP 15-04 with MDE notes; MDE proposed clarification to SIP 16[hyphen]04 on 02/09/2018. 3b-updated COMAR eff text SIP 16-04 Current Effective COMAR text, Rev_02092018clean. as approved after SIP 15-05 including SIP 15-04 with MDE proposed SIP Rev #16-04 clarification on 02/09/2018. 3b-original COMAR eff text 26.11.01_.10 Current Effective COMAR text SIP16-04_042816. per MDE as of last action final effective 2/15/16; COMAR 26.11.01.01 & .10. 4a-original Notice of Final Maryland Register, volume 43, Action_02052016.docx. issue 3, Friday, February 5, 2016, notice of final action. 4b-Updated Notice of Final Action, Maryland register, volume 43, definitions withdrawn. issue 3, Friday, February 5, 2016, notice of final action, with references to withdrawn definitions for continuous burning and operating time, COMAR 26.11.01.01B(8-1) and (27-1), removed. 5a-original Notice of Proposed Maryland Register, volume 42, Action_11.13.15. issue 23, Friday, November 13, 2015, notice of proposed action. 5b-Updated Notice of Proposed Action, Maryland register, volume 42, Definitions withdrawn. issue 23, Friday, November 13, 2015, notice of proposed action with withdrawn definitions for continuous burning and operating time, COMAR 26.11.01.01B(8-1) and (27-1), removed. ------------------------------------------------------------------------ These regulatory changes are also described in the amendments to 40 CFR part 52 set forth in this final rulemaking action. IV. Final Action EPA is approving Maryland's May 10, 2016 SIP Revision 16-04, except for the definitions of continuous burning and operating time that MDE withdrew from SIP Revision 16-04 on February 28, 2018, as a revision to the Maryland SIP. These revisions consist 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, in Maryland's SIP Revision 16-04, related to COMs and VE requirements for cement plants and MWCs. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of MDE'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, 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. These regulatory changes are described in the amendments to 40 CFR part 52 set forth in this final rulemaking action. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region III Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. 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); [[Page 64284]] 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 February 12, 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 approving Maryland SIP Revision 16-04, COMs requirements for MWCs and Cement Plants, 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: November 30, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (c) is amended by revising the entries ``26.11.01.10'' and ``10.18.08/26.11.08.04'' to read as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- State Additional Code of Maryland Administrative Title/subject effective EPA approval date explanation/citation Regulations (COMAR) citation date at 40 CFR 52.1100 ---------------------------------------------------------------------------------------------------------------- 26.11.01 General Administrative Provisions ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.01.10...................... Continuous Opacity 2/15/2016 12/14/2018, [insert 1. Add new Monitoring Federal Register subsections A(6), Requirements. citation]. B(5) and B(6). 2. Revise subsection B(3). 3. Remove subsection F. Previous approval 3/ 28/2018 (83 FR 13193). * * * * * * * ---------------------------------------------------------------------------------------------------------------- 10.18.08/26.11.08 Control of Incinerators * * * * * * * ---------------------------------------------------------------------------------------------------------------- 10.18.08/26.11.08.04............. Visible Emissions... 2/15/2016 12/14/2018, [insert Add new subsection Federal Register D. Previous citation]. approval 8/1/2007 (72 FR 41891). ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 64285]] * * * * * [FR Doc. 2018-27049 Filed 12-13-18; 8:45 am] BILLING CODE 6560-50-P
![64282 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
Issued in Washington, DC. to clarify visible emissions (VE) and Maryland’s February 28, 2018
Hilary Duke, continuous opacity monitor (COM) withdrawal letter looked incomplete.
Assistant General Counsel, Pension Benefit requirements for MWCs and Portland EPA Response: Upon receipt of the
Guaranty Corporation. cement plants. The formal SIP revision comment, EPA checked and confirmed
[FR Doc. 2018–26849 Filed 12–13–18; 8:45 am] (SIP Revision 16–04) was submitted by that the second page of the letter was
BILLING CODE 7709–02–P Maryland on May 10, 2016. On February inadvertently excluded from the docket.
28, 2018, the Maryland Department of EPA notes that the substance of the
the Environment (MDE) Secretary Ben letter was contained in the first page of
ENVIRONMENTAL PROTECTION Grumbles submitted a clarification letter the letter, which was included in the
AGENCY to EPA Regional Administrator Cosmo docket. The first page explained that
Servidio, withdrawing definitions for Maryland was withdrawing the
40 CFR Part 52 continuous burning and operating time, definitions of continuous burning and
COMAR 26.11.01.01B(8–1) and (27–1), operating time from EPA’s consideration
[EPA–R03–OAR–2018–0490; FRL–9987–81– respectively, from SIP Revision 16–04. as SIP revisions.
Region 3]
These definitions are no longer part of ‘‘The purpose of this letter is to request a
Air Plan Approval; Maryland; SIP Revision 16–04 and are not pending clarification to the Maryland SIP Rev #16–04,
Continuous Opacity Monitoring before EPA. to withdraw two definitions under COMAR
Requirements for Municipal Waste 26.11.01.01 Definitions from EPA’s
II. Summary of SIP Revision and EPA consideration. Please remove the following
Combustors and Cement Plants Analysis two definitions from EPA’s consideration for
AGENCY: Environmental Protection The SIP revision consisted of inclusion into Maryland’s SIP as part of SIP
Agency (EPA). revisions to COMAR 26.11.01.10, Rev #16–04:
Continuous Opacity Monitoring COMAR 26.11.01.01.8:
ACTION: Final rule. 1. (8–1) Continuous Burning
Requirements. Under COMAR
2. (27–1) Operating Time’’
SUMMARY: The Environmental Protection 26.11.01.10A, Applicability and The omitted second page contained only
Agency (EPA) is approving a state Exceptions, MDE added a new section, the following closing language:
implementation plan (SIP) revision COMAR 26.11.01.10A(6), regarding ‘‘. . . SIP submittal (enclosed) is an exact
submitted by the State of Maryland (SIP requirements for alternative visible duplicate of the official hard copy. If you
Revision 16–04). This revision pertains emissions limits. Under COMAR have any questions concerning this SIP
to clarifying continuous opacity 26.11.01.10B, General Requirements for action, please feel free to call me at (41 0)
monitoring requirements and visible COMs, MDE amended COMAR 537–3084 or Mr. George (Tad) S. Aburn, Jr.,
emission standards for municipal waste 26.11.01.10B(3) to clarify that a COM Director of the Air and Radiation
combustors (MWCs) and Portland must comply with the applicable Administration, at 410–537–3255.
cement plants. This action is being requirements in 40 CFR part 51, Sincerely, Ben Grumbles, Secretary.
taken under the Clean Air Act (CAA). appendix P in its entirety. Also under Enclosure
COMAR 26.11.01.10B, MDE added new cc: Mr. George (Tad) S. Aburn Jr., Director,
DATES: This final rule is effective on
sections COMAR 26.11.01.10B(5) and Air and Radiation Administration; Ms.
January 14, 2019. Cristina Fernandez, Director, Air
ADDRESSES: EPA has established a
26.11.01.10B(6) to clarify COM
Protection Division, EPA Region Ill’’
docket for this action under Docket ID requirements for the owners and
Although all the relevant substantive
Number EPA–R03–OAR–2018–0490. All operators of cement kilns and clinker information was contained in the first
documents in the docket are listed on coolers that are operating COMs and the
page of the letter, which was include in
the http://www.regulations.gov website. owners and operators of MWCs that are the docket, EPA rectified the omission
Although listed in the index, some required to install and operate COMs,
respectively. MDE repealed as quickly as possible. EPA posted
information is not publicly available, Maryland’s complete two-page letter,
e.g., confidential business information 26.11.01.10F, regarding redundant
COMs requirements for fuel burning dated February 28, 2018, to Docket ID
(CBI) or other information whose No. EPA–R03–OAR–2018–0490, at
disclosure is restricted by statute. equipment, and is requesting its
removal from the SIP. Finally, MDE http://www.regulations.gov, on
Certain other material, such as September 4, 2018. The public comment
copyrighted material, is not placed on amended COMAR 26.11.08, Control of
Incinerators, to add a new section D to period ran from August 23, 2018 until
the internet and will be publicly September 24, 2018.
available only in hard copy form. regulation .04, Visible Emissions.
EPA evaluated these amendments and Comment: The commenter also stated
Publicly available docket materials are that EPA’s NPRM was hard to
found that they help to clarify
available through http:// understand, writing, ‘‘I can’t follow
requirements for COMs. Therefore, they
www.regulations.gov, or please contact which COMAR applies to what COMAR
are approvable. Other specific
the person identified in the FOR FURTHER because of what redundancies, changes,
requirements of Maryland’s SIP
INFORMATION CONTACT section for or what have you.’’
Revision 16–04 and the rationale for
additional availability information. EPA Response: There were numerous
EPA’s proposed action are explained in
FOR FURTHER INFORMATION CONTACT: the NPRM and will not be restated here. changes discussed in EPA’s August 23,
Maria A. Pino, (215) 814–2181, or by 2018 NPRM, which readers may find
email at pino.maria@epa.gov. III. Summary of Public Comments and hard to follow. However, in section II of
SUPPLEMENTARY INFORMATION:
EPA Responses the NPRM, Summary of SIP Revision
On September 1, 2018, EPA received and EPA Analysis, EPA set out a section
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I. Background adverse comments from one anonymous by section accounting of the proposed
On August 23, 2018 (83 FR 42624), commenter. changes to Maryland’s SIP. In addition,
EPA published a notice of proposed Comment: The commenter observed in Docket ID No. EPA–R03–OAR–2018–
rulemaking (NPRM) for the State of that in the docket for this rulemaking, 0490, at http://www.regulations.gov,
Maryland. In the NPRM, EPA proposed Docket ID No. EPA–R03–OAR–2018– there are numerous documents that are
approval of a revision to Maryland’s SIP 0490, at http://www.regulations.gov, part of Maryland’s SIP Revision
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• Is not subject to requirements of copy of the rule, to each House of the later in proceedings to enforce its
section 12(d) of the National Congress and to the Comptroller General requirements. (See section 307(b)(2)).
Technology Transfer and Advancement of the United States. EPA will submit a List of Subjects in 40 CFR Part 52
Act of 1995 (15 U.S.C. 272 note) because report containing this action and other
application of those requirements would required information to the U.S. Senate, Environmental protection, Air
be inconsistent with the CAA; and the U.S. House of Representatives, and pollution control, Incorporation by
• Does not provide EPA with the the Comptroller General of the United reference, Intergovernmental relations,
discretionary authority to address, as States prior to publication of the rule in Particulate matter, Reporting and
appropriate, disproportionate human the Federal Register. A major rule recordkeeping requirements.
health or environmental effects, using cannot take effect until 60 days after it Dated: November 30, 2018.
practicable and legally permissible is published in the Federal Register. Cosmo Servidio,
methods, under Executive Order 12898 This action is not a ‘‘major rule’’ as Regional Administrator, Region III.
(59 FR 7629, February 16, 1994). defined by 5 U.S.C. 804(2).
In addition, this rule does not have 40 CFR part 52 is amended as follows:
tribal implications as specified by C. Petitions for Judicial Review
PART 52—APPROVAL AND
Executive Order 13175 (65 FR 67249, PROMULGATION OF
November 9, 2000), because the SIP is Under section 307(b)(1) of the CAA,
petitions for judicial review of this IMPLEMENTATION PLANS
not approved to apply in Indian country
located in the state, and EPA notes that action must be filed in the United States
■ 1. The authority citation for part 52
it will not impose substantial direct Court of Appeals for the appropriate
continues to read as follows:
costs on tribal governments or preempt circuit by February 12, 2019. Filing a
petition for reconsideration by the Authority: 42 U.S.C. 7401 et seq.
tribal law.
Administrator of this final rule does not
B. Submission to Congress and the Subpart V—Maryland
affect the finality of this action for the
Comptroller General purposes of judicial review nor does it ■ 2. In § 52.1070, the table in paragraph
The Congressional Review Act, 5 extend the time within which a petition (c) is amended by revising the entries
U.S.C. 801 et seq., as added by the Small for judicial review may be filed, and ‘‘26.11.01.10’’ and ‘‘10.18.08/
Business Regulatory Enforcement shall not postpone the effectiveness of 26.11.08.04’’ to read as follows:
Fairness Act of 1996, generally provides such rule or action. This action
that before a rule may take effect, the approving Maryland SIP Revision 16– § 52.1070 Identification of plan.
agency promulgating the rule must 04, COMs requirements for MWCs and * * * * *
submit a rule report, which includes a Cement Plants, may not be challenged (c) * * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
State
Code of Maryland Administrative Additional explanation/citation at 40 CFR
Title/subject effective EPA approval date
Regulations (COMAR) citation 52.1100
date
26.11.01 General Administrative Provisions
* * * * * * *
26.11.01.10 ................................ Continuous Opacity Monitoring 2/15/2016 12/14/2018, [insert Federal 1. Add new subsections A(6), B(5) and B(6).
Requirements. Register citation]. 2. Revise subsection B(3).
3. Remove subsection F.
Previous approval 3/28/2018 (83 FR 13193).
* * * * * * *
10.18.08/26.11.08 Control of Incinerators
* * * * * * *
10.18.08/26.11.08.04 ................. Visible Emissions ...................... 2/15/2016 12/14/2018, [insert Federal Add new subsection D. Previous approval 8/1/
Register citation]. 2007 (72 FR 41891).
* * * * * * *
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* * * * * the Air Regulatory Management Section, When e-notice is provided, EPA’s rule
[FR Doc. 2018–27049 Filed 12–13–18; 8:45 am] Air Planning and Implementation requires electronic access (e-access) to
BILLING CODE 6560–50–P Branch, Air, Pesticides and Toxics the draft permit. Generally, state and
Management Division, U.S. local agencies intend to post the draft
Environmental Protection Agency, permits and public notices in a
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW, Atlanta, designated location on their agency
AGENCY Georgia 30303–8960. EPA requests that websites. For the noticing of draft
if at all possible, you contact the person permits issued by permitting authorities
40 CFR Parts 52 and 70 listed in the FOR FURTHER INFORMATION with EPA-approved programs, the rule
[EPA–R04–OAR–2018–0296; FRL–9987–13– CONTACT section to schedule your requires the permitting authority to use
Region 4] inspection. The Regional Office’s ‘‘a consistent noticing method’’ for all
official hours of business are Monday permit notices under the specific
Air Plan and Operating Permit Program through Friday 8:30 a.m. to 4:30 p.m., permitting program.
Approval: AL, GA and SC; Revisions to excluding Federal holidays. Alabama revised Chapter 335–3–14,
Public Notice Provisions in Permitting Air Permits and Chapter 335–3–15,
FOR FURTHER INFORMATION CONTACT: Ms.
Programs Synthetic Minor Operating Permits, and
Kelly Fortin of the Air Permitting
AGENCY: Environmental Protection Section, Air Planning and Chapter 335–3–16, Major Source
Agency (EPA). Implementation Branch, Air, Pesticides Operating Permits, to incorporate EPA’s
and Toxics Management Division, U.S. amendments to the federal public notice
ACTION: Final rule.
Environmental Protection Agency, regulations discussed above.
SUMMARY: The Environmental Protection Georgia revised Rule 391–3–1–
Region 4, 61 Forsyth Street SW, Atlanta,
Agency (EPA) is approving portions of .02(7)(a)1, Prevention of Significant
Georgia 30303–8960. Ms. Fortin can be
State Implementation Plan (SIP) Deterioration of Air Quality, and Rule
reached by telephone at (404) 562–9117
revisions and the Title V Operating 391–3–1–.03(10), Title V Operating
or via electronic mail at fortin.kelly@
Permit Program revisions submitted on Permits, of Georgia’s Rules for Air
epa.gov.
May 19, 2017, by the State of Alabama, Quality Control, Chapter 391–3–1, to
SUPPLEMENTARY INFORMATION: incorporate EPA’s amendments to the
through the Alabama Department of
Environmental Management (ADEM); I. Background federal public notice regulations, as
submitted on November 29, 2017, by the discussed above.
In a notice of proposed rulemaking South Carolina revised Regulation 61–
State of Georgia, through the Georgia
(NPRM) published on August 10, 2018 62.5, Standard No. 7, Prevention of
Environmental Protection Division
(83 FR 39638), EPA proposed to approve Significant Deterioration, and
(Georgia EPD); and submitted on
the portions of Alabama’s May 19, 2017, Regulation 61–62.70, Title V Operating
September 5, 2017, by the State of South
Georgia’s November 29, 2017, and South Permit Program of the South Carolina
Carolina, through the South Carolina
Carolina’s September 5, 2017, SIP Air Pollution Control Regulations and
Department of Health and
revisions and the Title V program Standards, to incorporate EPA’s
Environmental Control (SC DHEC).
revisions addressing the public notice amendments to the federal public notice
These revisions address the public
requirements for CAA permitting. The regulations discussed above.
notice rule provisions for the New
details of Alabama’s, Georgia’s, and
Source Review (NSR) and Title V II. Incorporation by Reference
South Carolina’s submittals and the
Operating Permit programs (Title V) of
rationale for EPA’s actions are explained In this rule, EPA is finalizing
the Clean Air Act (CAA or Act) that
in the NPRM and briefly summarized regulatory text that includes
remove the mandatory requirement to
below. The comment period for the incorporation by reference. In
provide public notice of a draft air
proposed rule closed on September 10, accordance with requirements of 1 CFR
permit in a newspaper and that allow
2018, and EPA did not receive any 51.5, EPA is finalizing the incorporation
electronic notice (‘‘e-notice’’) as an
adverse comments. by reference of Alabama’s Chapter 335–
alternate noticing option. EPA is On October 5, 2016, EPA finalized 3–14, ‘‘Air Permits’’ at 335–3–14–.01,
approving these revisions pursuant to revised public notice rule provisions for .04, and .05 and Chapter 335–3–15
the CAA and implementing federal the NSR, Title V, and Outer Continental ‘‘Synthetic Minor Operating Permits’’ at
regulations. Shelf permitting programs of the CAA. 335–3–15–.05, which address the public
DATES: This rule is effective January 14, See 81 FR 71613 (October 18, 2016). notice rule provisions for the NSR
2019. These rule revisions remove the program, state effective December June
ADDRESSES: EPA has established a mandatory requirement to provide 9, 2017; Georgia Rule 391–3–1-.02(7),
docket for this action under Docket public notice of a draft air permit Prevention of Significant Deterioration
Identification No. EPA–R04–OAR– through publication in a newspaper and of Air Quality, which addresses the
2018–0296. All documents in the docket allow for internet e-notice as an option public notice rule provisions for the
are listed on the www.regulations.gov for permitting authorities implementing NSR program, state effective July 20,
website. Although listed in the index, their own EPA-approved SIP rules and 2017; and South Carolina Regulation
some information may not be publicly Title V rules, such as the Alabama, 61–62.5, Standard No. 7, ‘‘Prevention of
available, i.e., Confidential Business Georgia, and South Carolina EPA- Significant Deterioration,’’ which
Information or other information whose approved programs. Permitting address the public notice rule
disclosure is restricted by statute. authorities are not required to adopt e- provisions for the NSR program, state
Certain other material, such as notice. Nothing in the final rules effective August 25, 2017.1 EPA has
amozie on DSK3GDR082PROD with RULES
copyrighted material, is not placed on prevents a permitting authority of an
the internet and will be publicly EPA-approved permitting program from 1 EPA is taking this opportunity to make
available only in hard copy form. continuing to use newspaper administrative corrections to the entries in the
‘‘Explanation’’ columns in 40 CFR 52.50(c) for
Publicly available docket materials are notification and/or from supplementing Alabama Rule 335–3–14–.04; 40 CFR 52.570(c) for
available either electronically through e-notice with newspaper notification Georgia Rule 391–3–1–.02(7); and 40 CFR
www.regulations.gov or in hard copy at and/or additional means of notification. Continued
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Document Created: 2018-12-14 03:49:49
Document Modified: 2018-12-14 03:49:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on January 14, 2019. | |
| Contact | Maria A. Pino, (215) 814-2181, or by email at [email protected] | |
| FR Citation | 83 FR 64282 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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