Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permits, Approvals, and Registrations, 28614-28616 [2017-13189]
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28614
Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Proposed Rules
• 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 Clean Air Act;
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, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–13059 Filed 6–22–17; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0576; FRL–9963–72–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Permits, Approvals, and
Registrations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Maryland.
This revision pertains to Maryland’s
administrative procedures for the
issuance, denial, and appeal of permits
issued by the Maryland Department of
the Environment (MDE). This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
Written comments must be
received on or before July 24, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0576 at https://
www.regulations.gov, or via email to
miller.linda@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
DATES:
PO 00000
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On
February 22, 2016, the State of
Maryland through the MDE formally
submitted amendments to Maryland’s
general administrative provisions
related to CAA permitting as a revision
to Maryland’s SIP.
SUPPLEMENTARY INFORMATION:
I. Background
The CAA’s New Source Review (NSR)
programs are preconstruction review
and permitting programs applicable to
new and modified stationary sources of
air pollutants regulated under the CAA.
The NSR programs of the CAA include
a combination of air quality planning
and air pollution control technology
program requirements. Briefly, section
109 of the CAA requires EPA to
promulgate primary national ambient
air quality standards (NAAQS) to
protect public health and secondary
NAAQS to protect public welfare. Once
EPA sets those standards, states must
develop, adopt, and submit to EPA for
approval a SIP that contains emissions
limitations and other control measures
to attain and maintain the NAAQS.
Pursuant to section 110, each SIP is
required to contain a preconstruction
review program for the construction and
modification of any stationary source of
air pollution to assure that the NAAQS
are achieved and maintained; to protect
areas of clean air; to protect air qualityrelated values (such as visibility) in
national parks and other areas; to assure
that appropriate emissions controls are
applied; to maximize opportunities for
economic development consistent with
the preservation of clean air resources;
and, to ensure that any decision to
increase air pollution is made only after
full public consideration of the
consequences of the decision. Section
172 of the CAA requires a permit
program in areas which are not attaining
the NAAQS, and section 173 provides
the specific requirements for that permit
program.
MDE’s February 22, 2016 SIP
submittal consists of revisions to
regulations under section 26.11.02
(Permits, Approvals, and Registration)
of the Code of Maryland Regulations
(COMAR) which EPA has previously
approved into the Maryland SIP. The
purpose of the revisions is to
incorporate amended state statutory
requirements 1 into the Maryland SIP.
The revisions are related to MDE’s
administrative processes for permit
issuance and denial. Specifically, the
revisions eliminate the ‘‘contested case’’
process and the Office of Administrative
Hearings’ (OAH) adjudicatory hearing
1 See S.B. 1065, Acts of 2009; H.B. 554 and H.B.
95, Acts of 2013.
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asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
process for major permits, and
substitute direct judicial review.
Additionally, the revisions expand
standing for challenges to those major
permits, and include additional public
notice requirements for certain sources.
The Maryland statutory requirements
were incorporated into MDE’s
implementing regulations under
COMAR 26.11.02 as described below,
and submitted to EPA for approval into
the Maryland SIP.
II. Summary of SIP Revision and EPA
Analysis
Maryland’s SIP revision includes
several amended administrative
provisions under COMAR 26.11.02
(Permits, Approvals, and Registration).
Specifically, 26.11.02.07 (Procedures for
Denying, Revoking, or Reopening and
Revising a Permit or Approval),
26.11.02.11 (Procedures for Obtaining
Permits to Construct Certain Significant
Sources), and 26.11.02.12 (Procedures
for Obtaining Approvals of PSD Sources
and NSR Sources, Certain Permits to
Construct, and Case-by-Case MACT
Determinations in Accordance with 40
CFR part 63, subpart B) have been
revised as follows.
Under the currently approved SIP,
COMAR 26.11.02.07, denials and
approvals of permits to construct, State
operating permits, and State-only
enforceable portions of title V operating
permits are considered ‘‘final actions’’
subject to judicial review if the
permittee did not request a hearing
before the OAH and MDE pursuant to
the ‘‘contested case process.’’ In MDE’s
February 22, 2016 SIP submittal, MDE
submitted for inclusion in the Maryland
SIP a revised version of COMAR
26.11.02.07 which provides for a
separate process for denials of permits
to construct. Under the revised
26.11.02.07, denials of permits to
construct immediately constitute ‘‘final
determinations’’ which are subject to
direct judicial review (without requiring
permittees to seek review through the
OAH), pursuant to the revised
procedures for major permits in the
revised COMAR 26.11.02.11 described
below.
MDE’s February 22, 2016 SIP
submittal also includes a number of
revisions MDE made to COMAR
26.11.02.11, which contains the
procedures for processing permits to
construct for ‘‘significant’’ sources. This
section applies to modifications at
sources: (a) For which a state operating
permit is required; (b) which are subject
to new source performance standards
(NSPS) at 40 CFR part 60, national
emission standards for hazardous air
pollutants (NESHAPS) at 40 CFR part
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61, or Prevention of Significant
Deterioration (PSD) requirements at 40
CFR part 52.21; (c) which, after control,
will discharge 25 tons per year or more
of a pollutant regulated under
Environment Article, Title 2, of the
Annotated Code of Maryland; and (d) of
lead which will discharge 5 or more
tons of elemental lead per year. See
COMAR 26.11.02.11A(1,2). COMAR
26.11.02.11 was previously in the
Maryland SIP. The revisions made
include a minor change to the public
participation processes for sources that
trigger NSPS under 40 CFR part 60 but
do not trigger NSR requirements,
enhanced public notification provisions
which require MDE to notify elected
officials within a 1-mile radius of a
source subject to the expanded public
participation requirements of permit
proceedings, eliminated the contested
case process for significant permits, and
instituted direct judicial review in
circuit court for parties wishing to
contest such permits. Additionally,
MDE also included a revised version of
COMAR 26.11.02.12 which included
minor revisions, clarifying that
Regulation .12 only applies to NSR and
PSD permit approvals, case-by-case
approvals pursuant to 40 CFR part 63
for air toxic sources, and permits to
construct which are not subject to
COMAR 26.11.02.11.
EPA’s review of MDE’s February 22,
2016 SIP submittal finds it consistent
with all applicable requirements of the
CAA and its implementing regulations.
The COMAR public notice requirements
meet or exceed the requirements of 40
CFR 51.160 and 51.161. Additionally,
the revisions are approvable under
section 110 of the CAA (specifically
section 110(a)(2)(A) and (C) and section
173 for NSR programs). Under section
110(a)(2)(C), the SIP must include a
program to enforce the emission limits
and control measures in a state’s SIP (as
required by section 110(a)(2)(A)) and
must also contain a program to regulate
modification/construction of sources so
that the NAAQS are achieved. Section
173 requires the permits program for
nonattainment NSR and requires states
to have a SIP with a permit program that
ensures sources are required to comply
with certain things like stringent
emission limitations (i.e., lowest
achievable emission rates) and offsets.
While having a permits program in the
SIP that addresses denial or revocation
of permits and addresses permit appeals
does not address the required substance
of a NSR program, these provisions do
make the NSR program enforceable, and
therefore EPA finds the SIP submission
and revisions to COMAR 26.11.02
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28615
approvable under CAA sections 173 and
110(a)(2)(A) and (C). In addition,
because none of the revisions to
COMAR 26.11.02 will affect emissions
of pollutants from sources and are
largely administrative in nature, EPA
finds that none of the revisions to
COMAR 26.11.02 will interfere with
reasonable further progress, any
NAAQS, or any other applicable
requirements in the CAA. Thus, EPA
finds the submittal is approvable for
section 110(l) of the CAA.
III. Proposed Action
EPA is proposing to approve MDE’s
February 22, 2016 SIP submittal as a
revision to the Maryland SIP as the SIP
submittal meets requirements in the
CAA under sections 110 and 173. EPA
is soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this proposed rulemaking, EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference the MDE rules regarding
permit issuance and denial as described
in Section II of this preamble. EPA has
made, and will continue to make, these
materials generally available through
https://www.regulations.gov and/or at
the EPA Region III Office (please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
E:\FR\FM\23JNP1.SGM
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28616
Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Proposed Rules
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule,
related to Maryland’s administrative
processes for preconstruction
permitting, 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.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 2, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–13189 Filed 6–22–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2016–0442; FRL–9964–13–
OAR]
RIN 2060–AT57
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry: Alternative Monitoring
Method
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to amend the
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry. In the ‘‘Rules and
Regulations’’ section of this issue of the
Federal Register, we are publishing a
direct final rule, without a prior
proposed rule, that temporarily revises
the testing and monitoring requirements
for hydrochloric acid (HCl) due to the
current unavailability of HCl calibration
gases used for quality assurance
purposes. If we receive no adverse
comment, we will not take further
action on this proposed rule.
DATES: Written comments must be
received by July 3, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2016–0442, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
SUMMARY:
PO 00000
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Mr.
Brian Storey, Sector Policies and
Programs Division (D243–04), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina,
27711; telephone number: (919) 541–
1103; fax number: (919) 541–5450; and
email address: storey.brian@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Why is the EPA issuing this proposed
rule?
This document proposes to take
action on amendments to the National
Emission Standards for Hazardous
Pollutants From the Portland Cement
Manufacturing Industry. We have
published a direct final rule to amend
40 CFR part 63, subpart LLL, by revising
the testing and monitoring requirements
for HCl in the ‘‘Rules and Regulations’’
section of this issue of the Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment on a distinct portion of the
direct final rule, we will withdraw that
portion of the rule and it will not take
effect. In this instance, we would
address all public comments in any
subsequent final rule based on this
proposed rule.
If we receive adverse comment on a
distinct provision of the direct final
rule, we will publish a timely
withdrawal in the Federal Register
indicating which provisions we are
withdrawing. The provisions that are
not withdrawn will become effective on
the date set out in the direct final rule,
notwithstanding adverse comment on
any other provision. We do not intend
to institute a second comment period on
this action. Any parties interested in
commenting must do so at this time.
The regulatory text for this proposal is
identical to that for the direct final rule
published in the ‘‘Rules and
Regulations’’ section of this issue of the
Federal Register. For further
supplementary information, the detailed
rationale for this proposal and the
regulatory revisions, see the direct final
rule published in the ‘‘Rules and
Regulations’’ section of this issue of the
Federal Register.
II. Does this action apply to me?
Categories and entities potentially
regulated by this proposed rule include:
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Agencies
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28614-28616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13189]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0576; FRL-9963-72-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Permits, Approvals, and Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision pertains to Maryland's administrative
procedures for the issuance, denial, and appeal of permits issued by
the Maryland Department of the Environment (MDE). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 24, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0576 at https://www.regulations.gov, or via email to
miller.linda@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION: On February 22, 2016, the State of Maryland
through the MDE formally submitted amendments to Maryland's general
administrative provisions related to CAA permitting as a revision to
Maryland's SIP.
I. Background
The CAA's New Source Review (NSR) programs are preconstruction
review and permitting programs applicable to new and modified
stationary sources of air pollutants regulated under the CAA. The NSR
programs of the CAA include a combination of air quality planning and
air pollution control technology program requirements. Briefly, section
109 of the CAA requires EPA to promulgate primary national ambient air
quality standards (NAAQS) to protect public health and secondary NAAQS
to protect public welfare. Once EPA sets those standards, states must
develop, adopt, and submit to EPA for approval a SIP that contains
emissions limitations and other control measures to attain and maintain
the NAAQS. Pursuant to section 110, each SIP is required to contain a
preconstruction review program for the construction and modification of
any stationary source of air pollution to assure that the NAAQS are
achieved and maintained; to protect areas of clean air; to protect air
quality-related values (such as visibility) in national parks and other
areas; to assure that appropriate emissions controls are applied; to
maximize opportunities for economic development consistent with the
preservation of clean air resources; and, to ensure that any decision
to increase air pollution is made only after full public consideration
of the consequences of the decision. Section 172 of the CAA requires a
permit program in areas which are not attaining the NAAQS, and section
173 provides the specific requirements for that permit program.
MDE's February 22, 2016 SIP submittal consists of revisions to
regulations under section 26.11.02 (Permits, Approvals, and
Registration) of the Code of Maryland Regulations (COMAR) which EPA has
previously approved into the Maryland SIP. The purpose of the revisions
is to incorporate amended state statutory requirements \1\ into the
Maryland SIP. The revisions are related to MDE's administrative
processes for permit issuance and denial. Specifically, the revisions
eliminate the ``contested case'' process and the Office of
Administrative Hearings' (OAH) adjudicatory hearing
[[Page 28615]]
process for major permits, and substitute direct judicial review.
Additionally, the revisions expand standing for challenges to those
major permits, and include additional public notice requirements for
certain sources. The Maryland statutory requirements were incorporated
into MDE's implementing regulations under COMAR 26.11.02 as described
below, and submitted to EPA for approval into the Maryland SIP.
---------------------------------------------------------------------------
\1\ See S.B. 1065, Acts of 2009; H.B. 554 and H.B. 95, Acts of
2013.
---------------------------------------------------------------------------
II. Summary of SIP Revision and EPA Analysis
Maryland's SIP revision includes several amended administrative
provisions under COMAR 26.11.02 (Permits, Approvals, and Registration).
Specifically, 26.11.02.07 (Procedures for Denying, Revoking, or
Reopening and Revising a Permit or Approval), 26.11.02.11 (Procedures
for Obtaining Permits to Construct Certain Significant Sources), and
26.11.02.12 (Procedures for Obtaining Approvals of PSD Sources and NSR
Sources, Certain Permits to Construct, and Case-by-Case MACT
Determinations in Accordance with 40 CFR part 63, subpart B) have been
revised as follows.
Under the currently approved SIP, COMAR 26.11.02.07, denials and
approvals of permits to construct, State operating permits, and State-
only enforceable portions of title V operating permits are considered
``final actions'' subject to judicial review if the permittee did not
request a hearing before the OAH and MDE pursuant to the ``contested
case process.'' In MDE's February 22, 2016 SIP submittal, MDE submitted
for inclusion in the Maryland SIP a revised version of COMAR
26.11.02.07 which provides for a separate process for denials of
permits to construct. Under the revised 26.11.02.07, denials of permits
to construct immediately constitute ``final determinations'' which are
subject to direct judicial review (without requiring permittees to seek
review through the OAH), pursuant to the revised procedures for major
permits in the revised COMAR 26.11.02.11 described below.
MDE's February 22, 2016 SIP submittal also includes a number of
revisions MDE made to COMAR 26.11.02.11, which contains the procedures
for processing permits to construct for ``significant'' sources. This
section applies to modifications at sources: (a) For which a state
operating permit is required; (b) which are subject to new source
performance standards (NSPS) at 40 CFR part 60, national emission
standards for hazardous air pollutants (NESHAPS) at 40 CFR part 61, or
Prevention of Significant Deterioration (PSD) requirements at 40 CFR
part 52.21; (c) which, after control, will discharge 25 tons per year
or more of a pollutant regulated under Environment Article, Title 2, of
the Annotated Code of Maryland; and (d) of lead which will discharge 5
or more tons of elemental lead per year. See COMAR 26.11.02.11A(1,2).
COMAR 26.11.02.11 was previously in the Maryland SIP. The revisions
made include a minor change to the public participation processes for
sources that trigger NSPS under 40 CFR part 60 but do not trigger NSR
requirements, enhanced public notification provisions which require MDE
to notify elected officials within a 1-mile radius of a source subject
to the expanded public participation requirements of permit
proceedings, eliminated the contested case process for significant
permits, and instituted direct judicial review in circuit court for
parties wishing to contest such permits. Additionally, MDE also
included a revised version of COMAR 26.11.02.12 which included minor
revisions, clarifying that Regulation .12 only applies to NSR and PSD
permit approvals, case-by-case approvals pursuant to 40 CFR part 63 for
air toxic sources, and permits to construct which are not subject to
COMAR 26.11.02.11.
EPA's review of MDE's February 22, 2016 SIP submittal finds it
consistent with all applicable requirements of the CAA and its
implementing regulations. The COMAR public notice requirements meet or
exceed the requirements of 40 CFR 51.160 and 51.161. Additionally, the
revisions are approvable under section 110 of the CAA (specifically
section 110(a)(2)(A) and (C) and section 173 for NSR programs). Under
section 110(a)(2)(C), the SIP must include a program to enforce the
emission limits and control measures in a state's SIP (as required by
section 110(a)(2)(A)) and must also contain a program to regulate
modification/construction of sources so that the NAAQS are achieved.
Section 173 requires the permits program for nonattainment NSR and
requires states to have a SIP with a permit program that ensures
sources are required to comply with certain things like stringent
emission limitations (i.e., lowest achievable emission rates) and
offsets. While having a permits program in the SIP that addresses
denial or revocation of permits and addresses permit appeals does not
address the required substance of a NSR program, these provisions do
make the NSR program enforceable, and therefore EPA finds the SIP
submission and revisions to COMAR 26.11.02 approvable under CAA
sections 173 and 110(a)(2)(A) and (C). In addition, because none of the
revisions to COMAR 26.11.02 will affect emissions of pollutants from
sources and are largely administrative in nature, EPA finds that none
of the revisions to COMAR 26.11.02 will interfere with reasonable
further progress, any NAAQS, or any other applicable requirements in
the CAA. Thus, EPA finds the submittal is approvable for section 110(l)
of the CAA.
III. Proposed Action
EPA is proposing to approve MDE's February 22, 2016 SIP submittal
as a revision to the Maryland SIP as the SIP submittal meets
requirements in the CAA under sections 110 and 173. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
IV. Incorporation by Reference
In this proposed rulemaking, EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference the MDE rules regarding permit issuance and
denial as described in Section II of this preamble. EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and/or at the EPA Region III Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 28616]]
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, related to Maryland's
administrative processes for preconstruction permitting, does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 2, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-13189 Filed 6-22-17; 8:45 am]
BILLING CODE 6560-50-P