Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills, 59486-59488 [2016-20654]
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59486
Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
mstockstill on DSK3G9T082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within
1000 yards of the Caribbean Fantasy due
to an imminent fire on board. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Sep<11>2014
16:58 Aug 29, 2016
Jkt 238001
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0832 to
read as follows:
■
§ 165.T07–0832 Safety Zone; Caribbean
Fantasy, Vessel on Fire; Punta Salinas, Toa
Baja, Puerto Rico.
(a) Regulated area. The following area
is a safety zone: all waters within 1,000
yard radius from the Caribbean Fantasy,
located in Punta Salinas, Toa Baja,
Puerto Rico.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated area.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this safety zone is prohibited unless
specifically authorized by the Captain of
the Port San Juan or a designated
representative.
(2) Persons or vessels desiring enter
into, pass through, or operate on the
waters within this zone, must request
permission from the Captain of the Port
San Juan or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by telephone at (787)
289–2041.
(3) If permission is granted, all
persons and vessels shall comply with
any specific instructions of the Captain
of the Port San Juan or designated
representative, while transiting through
the zone.
(d) Informational broadcasts. The
Coast Guard will provide notice of the
regulated area by Broadcast Notices to
Mariners and on-scene designated
representatives.
(e) Enforcement period. This safety
zone will be enforced from 3 p.m. on
August 17, 2016 through 11:59 p.m. on
August 31, 2016.
Dated: August 17, 2016.
R.W. Warren,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2016–20856 Filed 8–29–16; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0054; FRL–9951–22–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Emissions From
Various Processes and Fuel-Burning
Equipment From Kraft Pulp Mills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is granting conditional
approval of a state implementation plan
(SIP) revision submitted by the
Maryland Department of the
Environment (MDE). The revisions adds
and amends regulations in the SIP
which control emissions from various
processes and fuel-burning equipment
at Kraft pulp mills. The SIP revision
includes the following: a new definition
for ‘‘NOX Ozone Season Allowance;’’ a
new regulation with nitrogen oxides
(NOX) limits for fuel-burning equipment
located at Kraft pulp mills; a removal
and relocation of existing NOX
reasonably available control technology
(RACT) requirements for Kraft pulp
mills into another Maryland regulation;
and a revised regulation which clarifies
the volatile organic compound (VOC)
control system and emission
requirements for several process
installations at Kraft pulp mills. EPA is
granting conditional approval because
the new Maryland definition references
the defunct Clean Air Interstate Rule
(CAIR) and because MDE provided a
commitment to remove all references to
CAIR within the definition of ‘‘NOX
Ozone Season Allowance’’ and submit a
revised definition as a new SIP revision,
no later than a year from EPA finalizing
this conditional approval. Upon timely
meeting of this commitment, EPA will
propose to convert the conditional
approval of the SIP revision to a final,
full approval. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
September 29, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R03–OAR–2016–0054. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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
SUMMARY:
E:\FR\FM\30AUR1.SGM
30AUR1
Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814 2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 20, 2016 (81 FR 31887), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. In the NPR, EPA proposed to
grant conditional approval of revisions
to regulations in Maryland’s SIP which
control emissions from various
processes and fuel-burning equipment
at Kraft pulp mills. The formal SIP
revision (14–04) was submitted by MDE
on October 15, 2014.
mstockstill on DSK3G9T082PROD with RULES
II. Summary of SIP Revision
MDE’s SIP revision adds and amends
regulations in order to control emissions
from various processes and fuel-burning
equipment at Kraft pulp mills. The SIP
revision adds a definition for ‘‘NOX
Ozone Season Allowance’’ and
establishes applicability, compliance
requirements, monitoring and reporting
requirements, allowances, and NOX
emission standards and limits for Kraft
pulp mills. The SIP revision also
removes subsection (C)(h) of the Code of
Maryland Regulations (COMAR)
26.11.09.08 from the Maryland SIP
because the NOX requirements for pulp
mills have been relocated to COMAR
26.11.14.07. The SIP revision clarifies
the VOC control system and
requirements for several process
installations at Kraft pulp mills.
Other specific requirements of the SIP
revision and the rationale for EPA’s
action to grant conditional approval are
explained in the NPR and will not be
restated here. No public comments were
received on the NPR.
III. Final Action
EPA is granting conditional approval
of Maryland’s October 15, 2014 SIP
revision concerning the regulations and
requirements to control NOX and VOC
emissions from various processes and
fuel-burning equipment at Kraft pulp
mills as it strengthens the SIP with
provisions related to controlling
emissions of NOX and VOC. The
conditional approval is contingent upon
MDE’s September 29, 2015 commitment
to remove references to the now defunct
CAIR CAA allowance trading program
VerDate Sep<11>2014
18:09 Aug 29, 2016
Jkt 238001
within the definition of ‘‘NOX Ozone
Season Allowance,’’ at COMAR
26.11.01.01 and replace with another
allowance mechanism. Once EPA has
determined that MDE has satisfied this
condition and EPA approves the revised
definition, EPA shall remove the
conditional nature of its approval and
this SIP revision will at that time
receive full approval status.
IV. Incorporation by Reference
In this rule, with our conditional
approval, EPA is finalizing regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
finalizing, with our conditional
approval, the incorporation by reference
of revisions to COMAR 26.11.01.01,
COMAR 26.11.14.07, COMAR
26.11.09.08, and COMAR 26.11.14.06.
Therefore, these materials have been
conditionally 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 by the
Director of the Federal Register in the
next update to the SIP compilation.1
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
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);
• does not impose an information
collection burden under the provisions
1 62
PO 00000
FR 27968 (May 22, 1997).
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59487
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
E:\FR\FM\30AUR1.SGM
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59488
Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
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 October 31, 2016. 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 the
regulations and requirements for the
control of emissions from various
processes and fuel-burning equipment
from Kraft pulp mills, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
■
1. The authority citation for part 52
continues to read as follows:
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, paragraph (c) table is
amended by revising the entries for
‘‘26.11.01.01’’, ‘‘26.11.09.08’’,
‘‘26.11.14.06’’, and adding in numerical
order the entry for ‘‘26.11.14.07’’to read
as follows:
■
Dated: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
§ 52.1070
*
Identification of plan.
*
*
(c)* * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Administrative Regulations
(COMAR) citation
State
effective
date
Title/subject
Additional explanation/citation at 40 CFR
52.1100
EPA Approval date
26.11.01 General Administrative Provisions
26.11.01.01 ....................
*
Definitions .....................
*
03/03/14
*
08/30/16 ........................
*
Revised definition of ‘‘NOX Ozone Season Allowance’’ and Conditional Approval of definition of
‘‘NOX Ozone Season Allowance’’.
*
*
*
26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
*
26.11.09.08 ....................
*
*
*
Control of NOX Emissions for Major Stationary Sources.
*
03/03/14
*
*
*
08/30/16 [Insert Federal
Register citation].
*
*
*
Removed and relocated existing NOX RACT requirements under COMAR 26.11.14.07. Conditional Approval.
*
*
*
26.11.14 Control of Emissions From Kraft Pulp Mills
*
26.11.14.06. ...................
*
*
Control of Volatile Organic Compounds.
26.11.14.07. ...................
Control of NOX Emissions from Fuel Burning Equipment.
*
*
*
*
*
*
03/03/14
03/03/14
*
*
[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am]
*
*
08/30/16 [Insert Federal
Register citation].
08/30/16 [Insert Federal
Register citation].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
mstockstill on DSK3G9T082PROD with RULES
40 CFR Part 52
[EPA–R04–OAR–2015–0675; FRL–9951–59–
Region 4]
Air Plan Approval; Kentucky; Source
Specific Revision for Louisville Gas
and Electric
Environmental Protection
Agency (EPA).
AGENCY:
16:58 Aug 29, 2016
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*
ACTION:
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*
Final rule.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Kentucky through its Energy and
Environment Cabinet, Department of
Environmental Protection, Division for
Air Quality (KY DAQ) on February 13,
2013, for the purpose of establishing
emission requirements for the
changeover from coal-fired units U4, U5
SUMMARY:
BILLING CODE 6560–50–P
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*
*
Amended to clarify volatile organic compound
(VOC) control system and requirements at
Kraft pulp mills. Conditional Approval.
Regulation Added. Conditional Approval.
E:\FR\FM\30AUR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59486-59488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20654]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0054; FRL-9951-22-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Emissions From Various Processes and Fuel-Burning
Equipment From Kraft Pulp Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is granting
conditional approval of a state implementation plan (SIP) revision
submitted by the Maryland Department of the Environment (MDE). The
revisions adds and amends regulations in the SIP which control
emissions from various processes and fuel-burning equipment at Kraft
pulp mills. The SIP revision includes the following: a new definition
for ``NOX Ozone Season Allowance;'' a new regulation with
nitrogen oxides (NOX) limits for fuel-burning equipment
located at Kraft pulp mills; a removal and relocation of existing
NOX reasonably available control technology (RACT)
requirements for Kraft pulp mills into another Maryland regulation; and
a revised regulation which clarifies the volatile organic compound
(VOC) control system and emission requirements for several process
installations at Kraft pulp mills. EPA is granting conditional approval
because the new Maryland definition references the defunct Clean Air
Interstate Rule (CAIR) and because MDE provided a commitment to remove
all references to CAIR within the definition of ``NOX Ozone
Season Allowance'' and submit a revised definition as a new SIP
revision, no later than a year from EPA finalizing this conditional
approval. Upon timely meeting of this commitment, EPA will propose to
convert the conditional approval of the SIP revision to a final, full
approval. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on September 29, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2016-0054. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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
[[Page 59487]]
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814 2036, or by
email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 20, 2016 (81 FR 31887), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to
grant conditional approval of revisions to regulations in Maryland's
SIP which control emissions from various processes and fuel-burning
equipment at Kraft pulp mills. The formal SIP revision (14-04) was
submitted by MDE on October 15, 2014.
II. Summary of SIP Revision
MDE's SIP revision adds and amends regulations in order to control
emissions from various processes and fuel-burning equipment at Kraft
pulp mills. The SIP revision adds a definition for ``NOX
Ozone Season Allowance'' and establishes applicability, compliance
requirements, monitoring and reporting requirements, allowances, and
NOX emission standards and limits for Kraft pulp mills. The
SIP revision also removes subsection (C)(h) of the Code of Maryland
Regulations (COMAR) 26.11.09.08 from the Maryland SIP because the
NOX requirements for pulp mills have been relocated to COMAR
26.11.14.07. The SIP revision clarifies the VOC control system and
requirements for several process installations at Kraft pulp mills.
Other specific requirements of the SIP revision and the rationale
for EPA's action to grant conditional approval are explained in the NPR
and will not be restated here. No public comments were received on the
NPR.
III. Final Action
EPA is granting conditional approval of Maryland's October 15, 2014
SIP revision concerning the regulations and requirements to control
NOX and VOC emissions from various processes and fuel-
burning equipment at Kraft pulp mills as it strengthens the SIP with
provisions related to controlling emissions of NOX and VOC.
The conditional approval is contingent upon MDE's September 29, 2015
commitment to remove references to the now defunct CAIR CAA allowance
trading program within the definition of ``NOX Ozone Season
Allowance,'' at COMAR 26.11.01.01 and replace with another allowance
mechanism. Once EPA has determined that MDE has satisfied this
condition and EPA approves the revised definition, EPA shall remove the
conditional nature of its approval and this SIP revision will at that
time receive full approval status.
IV. Incorporation by Reference
In this rule, with our conditional approval, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is finalizing, with our
conditional approval, the incorporation by reference of revisions to
COMAR 26.11.01.01, COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR
26.11.14.06. Therefore, these materials have been conditionally
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 by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ 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).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 59488]]
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 October 31, 2016. 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 the regulations and requirements for the
control of emissions from various processes and fuel-burning equipment
from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 12, 2016.
Shawn M. Garvin,
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, paragraph (c) table is amended by revising the
entries for ``26.11.01.01'', ``26.11.09.08'', ``26.11.14.06'', and
adding in numerical order the entry for ``26.11.14.07''to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Code of Maryland Administrative Title/subject effective EPA Approval date citation at 40 CFR
Regulations (COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01..................... Definitions........ 03/03/14 08/30/16........... Revised definition of
``NOX Ozone Season
Allowance'' and
Conditional Approval
of definition of ``NOX
Ozone Season
Allowance''.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.09.08..................... Control of NOX 03/03/14 08/30/16 [Insert Removed and relocated
Emissions for Federal Register existing NOX RACT
Major Stationary citation]. requirements under
Sources. COMAR 26.11.14.07.
Conditional Approval.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.14.06..................... Control of Volatile 03/03/14 08/30/16 [Insert Amended to clarify
Organic Compounds. Federal Register volatile organic
citation]. compound (VOC) control
system and
requirements at Kraft
pulp mills.
Conditional Approval.
26.11.14.07..................... Control of NOX 03/03/14 08/30/16 [Insert Regulation Added.
Emissions from Federal Register Conditional Approval.
Fuel Burning citation].
Equipment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-20654 Filed 8-29-16; 8:45 am]
BILLING CODE 6560-50-P
