Approval and Promulgation of Air Quality Implementation Plans; Maryland; Minor New Source Review Requirements, 38403-38405 [2015-16386]
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 4,
2015. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of this Federal Register, rather
than file an immediate petition for
judicial review of this direct final rule,
so that EPA can withdraw this direct
final rule and address the comment in
the proposed rulemaking. This action
may not be challenged later in
proceedings to enforce its requirements.
(See CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: June 19, 2015.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2585 is amended by
adding paragraph (cc) to read as follows:
■
§ 52.2585
Control strategy: Ozone.
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(cc) Approval—On January 16, 2015,
the State of Wisconsin submitted a
revision to its State Implementation
Plan for Sheboygan County, Wisconsin.
The submittal established new Motor
Vehicle Emissions Budgets (MVEB) for
Volatile Organic Compounds (VOC) and
Oxides of Nitrogen (NOX) for the year
2015. The MVEBs for Sheboygan County
are now: 1.972 tons per day of VOC
emissions and 4.435 tons per day of
NOX emissions for the year 2015.
[FR Doc. 2015–16396 Filed 7–2–15; 8:45 am]
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38403
(#12–10) was submitted by MDE on
behalf of the State of Maryland on
January 24, 2013.
The revision consists of amendments
40 CFR Part 52
to Regulation .09 under section 26.11.02
[EPA–R03–OAR–2015–0225; FRL–9930–08–
of the Code of Maryland Regulations
Region 3]
(COMAR). An amendment to COMAR
26.11.01.01 inadvertently widened the
Approval and Promulgation of Air
universe of sources that are required to
Quality Implementation Plans;
obtain a permit to construct under
Maryland; Minor New Source Review
COMAR 26.11.02.09. The previously
Requirements
approved version of COMAR
AGENCY: Environmental Protection
26.11.02.09A(4) requires that any
Agency (EPA).
‘‘National Emission Standards for
Hazardous Air Pollutants Source
ACTION: Final rule.
(NESHAP Source) as defined in section
SUMMARY: The Environmental Protection 26.11.01.01 . . .’’ obtain a permit to
Agency (EPA) is approving a January 24, construct. The definition of NESHAP
2013 State Implementation Plan (SIP)
Source at COMAR 26.11.01.01B(21) was
revision submitted for the State of
amended and simplified (specifically,
Maryland by the Maryland Department
26.11.01.01B(21)(b)), effective March 5,
of the Environment (MDE). This
2012.1 The revised definition had the
revision pertains to preconstruction
unintended consequence of requiring
permitting requirements under
that all sources subject to the NESHAP
Maryland’s minor New Source Review
obtain a permit to construct, even the
(NSR) program. This action is being
small emission sources which had
taken under the Clean Air Act (CAA).
previously been exempt under section
26.11.02.10. The proposed revision to
DATES: This final rule is effective on
section 26.11.02.09A(4) allows MDE to
August 5, 2015.
retain the exemptions for smaller
ADDRESSES: EPA has established a
sources as originally intended and
docket for this action under Docket ID
Number EPA–R03–OAR–2015–0225. All already approved in the Maryland SIP.
Additionally, Regulations .09A(3) and
documents in the docket are listed in
.09A(4) under section 26.11.02 were
the www.regulations.gov Web site.
Although listed in the electronic docket, revised to clarify that electric generating
stations that meet the definitions of New
some information is not publicly
Source Performance Standard (NSPS)
available, i.e., confidential business
sources and NESHAP sources are
information (CBI) or other information
whose disclosure is restricted by statute. exempt from MDE permitting
requirements only if they receive a
Certain other material, such as
Certificate of Public Convenience and
copyrighted material, is not placed on
Necessity (CPCN) from the Maryland
the Internet and will be publicly
Public Service Commission (PSC).
available only in hard copy form.
Publicly available docket materials are
II. Summary of SIP Revision
available either electronically through
COMAR 26.11.02.09A(4) has been
www.regulations.gov or in hard copy for
revised to specify that NESHAP sources
public inspection during normal
‘‘. . . as defined by COMAR
business hours at the Air Protection
26.11.01.01B(21)(a),’’ are required to
Division, U.S. Environmental Protection
obtain a permit to construct. This
Agency, Region III, 1650 Arch Street,
corrects the unintended consequence of
Philadelphia, Pennsylvania 19103.
applying MDE permitting requirements
Copies of the State submittal are
to emission sources that would
available at the Maryland Department of
otherwise be exempt. COMAR
the Environment, 1800 Washington
26.11.02.09A(6) will continue to require
Boulevard, Suite 705, Baltimore,
that all sources not explicitly exempt
Maryland 21230.
are required to obtain a permit to
FOR FURTHER INFORMATION CONTACT:
construct. Additionally, as previously
David Talley, (215) 814–2117, or by
discussed, Regulations .09A(3) and
email at talley.david@epa.gov.
.09A(4) under section 26.11.02 have
SUPPLEMENTARY INFORMATION:
been revised to clarify that electric
generating stations that meet the
I. Background
definitions of NSPS sources and
On April 29, 2015 (80 FR 23756), EPA NESHAP sources are exempt from
published a notice of proposed
permitting requirements only if they
rulemaking (NPR) for the State of
receive a CPCN from the Maryland PSC.
Maryland. In the NPR, EPA proposed
approval of revisions to MDE’s minor
1 It should be noted that COMAR
26.11.01.01B(21) is not part of the Maryland SIP.
NSR program. The formal SIP revision
ENVIRONMENTAL PROTECTION
AGENCY
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
The revisions were effective in
Maryland on July 8, 2013.
As was noted in the NPR, limited
approval was previously granted to a
Maryland SIP revision that included
amendments to COMAR 26.11.02.09.
See 77 FR 6963 (February 10, 2012). The
reasons for that limited approval are
unrelated to this action, and do not
prevent EPA from granting full approval
to amendments to section 26.11.02.09
contained in the January 24, 2013
submittal. That limited approval
remains in effect.
Other specific requirements of MDE’s
January 24, 2013 submittal and the
rationale for EPA’s proposed action are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is approving MDE’s January 24,
2013 submittal as a revision to the
Maryland SIP. This action is being taken
in accordance with CAA section 110.
IV. Incorporation by Reference
In this rulemaking action, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the MDE
rules regarding definitions and
permitting requirements discussed in
section II of this preamble. The EPA has
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Order
Reviews
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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:
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• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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 (Public Law 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
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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 September 4, 2015. 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
pertaining to Maryland’s minor NSR
program 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: June 22, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.02.09. The revised text
reads as follows:
■
§ 52.1070
*
Identification of plan.
*
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(c) * * *
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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR) citation
State effective
date
Title/subject
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26.11.02
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26.11.02.09 ...........
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7/8/13
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7/6/15 [Insert Federal Register
citation].
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.09A(3) and .09A(4) are amended. Limited approval remains in
effect.
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[FR Doc. 2015–16386 Filed 7–2–15; 8:45 am]
VerDate Sep<11>2014
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Permits, Approvals, and Registration
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Sources Subject to Permits to
Construct.
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Additional explanation/
Citation at 40 CFR 52.1100
EPA approval date
06JYR1
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[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Rules and Regulations]
[Pages 38403-38405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16386]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2015-0225; FRL-9930-08-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Minor New Source Review Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
January 24, 2013 State Implementation Plan (SIP) revision submitted for
the State of Maryland by the Maryland Department of the Environment
(MDE). This revision pertains to preconstruction permitting
requirements under Maryland's minor New Source Review (NSR) program.
This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on August 5, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0225. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 29, 2015 (80 FR 23756), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of revisions to MDE's minor NSR program. The formal SIP
revision (#12-10) was submitted by MDE on behalf of the State of
Maryland on January 24, 2013.
The revision consists of amendments to Regulation .09 under section
26.11.02 of the Code of Maryland Regulations (COMAR). An amendment to
COMAR 26.11.01.01 inadvertently widened the universe of sources that
are required to obtain a permit to construct under COMAR 26.11.02.09.
The previously approved version of COMAR 26.11.02.09A(4) requires that
any ``National Emission Standards for Hazardous Air Pollutants Source
(NESHAP Source) as defined in section 26.11.01.01 . . .'' obtain a
permit to construct. The definition of NESHAP Source at COMAR
26.11.01.01B(21) was amended and simplified (specifically,
26.11.01.01B(21)(b)), effective March 5, 2012.\1\ The revised
definition had the unintended consequence of requiring that all sources
subject to the NESHAP obtain a permit to construct, even the small
emission sources which had previously been exempt under section
26.11.02.10. The proposed revision to section 26.11.02.09A(4) allows
MDE to retain the exemptions for smaller sources as originally intended
and already approved in the Maryland SIP. Additionally, Regulations
.09A(3) and .09A(4) under section 26.11.02 were revised to clarify that
electric generating stations that meet the definitions of New Source
Performance Standard (NSPS) sources and NESHAP sources are exempt from
MDE permitting requirements only if they receive a Certificate of
Public Convenience and Necessity (CPCN) from the Maryland Public
Service Commission (PSC).
---------------------------------------------------------------------------
\1\ It should be noted that COMAR 26.11.01.01B(21) is not part
of the Maryland SIP.
---------------------------------------------------------------------------
II. Summary of SIP Revision
COMAR 26.11.02.09A(4) has been revised to specify that NESHAP
sources ``. . . as defined by COMAR 26.11.01.01B(21)(a),'' are required
to obtain a permit to construct. This corrects the unintended
consequence of applying MDE permitting requirements to emission sources
that would otherwise be exempt. COMAR 26.11.02.09A(6) will continue to
require that all sources not explicitly exempt are required to obtain a
permit to construct. Additionally, as previously discussed, Regulations
.09A(3) and .09A(4) under section 26.11.02 have been revised to clarify
that electric generating stations that meet the definitions of NSPS
sources and NESHAP sources are exempt from permitting requirements only
if they receive a CPCN from the Maryland PSC.
[[Page 38404]]
The revisions were effective in Maryland on July 8, 2013.
As was noted in the NPR, limited approval was previously granted to
a Maryland SIP revision that included amendments to COMAR 26.11.02.09.
See 77 FR 6963 (February 10, 2012). The reasons for that limited
approval are unrelated to this action, and do not prevent EPA from
granting full approval to amendments to section 26.11.02.09 contained
in the January 24, 2013 submittal. That limited approval remains in
effect.
Other specific requirements of MDE's January 24, 2013 submittal and
the rationale for EPA's proposed action are explained in the NPR and
will not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving MDE's January 24, 2013 submittal as a revision to
the Maryland SIP. This action is being taken in accordance with CAA
section 110.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the MDE rules regarding definitions and permitting
requirements discussed in section II of this preamble. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
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 Order
12866 (58 FR 51735, October 4, 1993);
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 (Public Law 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 September 4, 2015. 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 pertaining to Maryland's minor NSR program 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: June 22, 2015.
William C. Early,
Acting, 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 entry for COMAR 26.11.02.09. The revised text reads as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 38405]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Code of Maryland Administrative State explanation/
Regulations (COMAR) citation Title/subject effective date EPA approval date Citation at 40 CFR
52.1100
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26.11.02 Permits, Approvals, and Registration
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26.11.02.09...................... Sources Subject to 7/8/13 7/6/15 [Insert .09A(3) and .09A(4)
Permits to Federal Register are amended.
Construct. citation]. Limited approval
remains in effect.
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