Approval and Promulgation of Air Quality Implementation Plans; Maryland; Revisions and Amendments to Regulations for Continuous Opacity Monitoring, Continuous Emissions Monitoring, and Quality Assurance Requirements for Continuous Opacity Monitors, 78048-78052 [2016-26866]
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78048
Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations
L. Judicial Review
Under CAA section 307(b)(1),
petitions for judicial review of any
nationally applicable regulation, or any
action the Administrator ‘‘finds and
publishes’’ as based on a determination
of nationwide scope or effect must be
filed in the United States Court of
Appeals for the District of Columbia
Circuit within 60 days of the date the
promulgation, approval, or action
appears in the Federal Register. This
action is nationally applicable, as it
adds Permit Rescission provisions to 40
CFR part 49 and revises the rules
governing procedures permit rescissions
in 40 CFR part 52. As a result, petitions
for review of this final action must be
filed in the United States Court of
Appeals for the District of Columbia
Circuit by January 6, 2017. Filing a
petition for reconsideration by the
Administrator of this final action 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 must be
filed, and shall not postpone the
effectiveness of this action.
§ 49.172 Final permit issuance and
administrative and judicial review.
§ 52.21 Prevention of significant
deterioration of air quality.
*
*
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
*
*
*
*
(f) Can my permit be rescinded? (1)
Any permit issued under this section or
a prior version of this section shall
remain in effect until it is rescinded
under this paragraph (f).
(2) An owner or operator of a
stationary source or modification who
holds a permit issued under this section
for the construction of a new source or
modification that meets the requirement
in paragraph (f)(3) of this section may
request that the reviewing authority
rescind the permit or a particular
portion of the permit.
(3) The reviewing authority may grant
an application for rescission if the
application shows that §§ 49.166
through 49.173 would not apply to the
source or modification.
(4) If the reviewing authority rescinds
a permit under this paragraph (f), the
public shall be given adequate notice of
the rescission determination in
accordance with one or more of the
following methods:
(i) The reviewing authority may mail
or email a copy of the notice to persons
on a mailing list developed by the
reviewing authority consisting of those
persons who have requested to be
placed on such a mailing list.
(ii) The reviewing authority may post
the notice on its Web site.
(iii) The reviewing authority may
publish the notice in a newspaper of
general circulation in the area affected
by the source. Where possible, the
notice may also be published in a Tribal
newspaper or newsletter.
(iv) The reviewing authority may
provide copies of the notice for posting
at one or more locations in the area
affected by the source, such as Post
Offices, trading posts, libraries, Tribal
environmental offices, community
centers or other gathering places in the
community.
(v) The reviewing authority may
employ other means of notification as
appropriate.
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 49
continues to read as follows:
■
VI. Statutory Authority
The statutory authority for this action
is provided by 42 U.S.C. 7401, et seq.
List of Subjects
40 CFR Part 49
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference.
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference.
Dated: October 26, 2016.
Gina McCarthy,
Administrator.
3. The authority citation for part 52
continues to read as follows:
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■
Authority: 42 U.S.C. 7401, et seq.
Authority: 42 U.S.C. 7401 et seq.
Subpart C—General Federal
Implementation Plan Provisions
Subpart A—General Provisions
4. Section 52.21 is amended by
revising paragraphs (w)(1) through (3) to
read as follows:
■
2. Section 49.172 is amended by
adding paragraph (f) to read as follows:
■
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(w) * * *
(1) Any permit issued under this
section or a prior version of this section
shall remain in effect, unless and until
it expires under paragraph (r) of this
section or is rescinded under this
paragraph (w).
(2) An owner or operator of a
stationary source or modification who
holds a permit issued under this section
for the construction of a new source or
modification that meets the requirement
in paragraph (w)(3) of this section may
request that the Administrator rescind
the permit or a particular portion of the
permit.
(3) The Administrator may grant an
application for rescission if the
application shows that this section
would not apply to the source or
modification.
*
*
*
*
*
[FR Doc. 2016–26593 Filed 11–4–16; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0042; FRL–9954–40–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Revisions and Amendments
to Regulations for Continuous Opacity
Monitoring, Continuous Emissions
Monitoring, and Quality Assurance
Requirements for Continuous Opacity
Monitors
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Maryland. The
revision pertains to changes and
amendments to Maryland regulations
for continuous opacity monitoring
(COM or COMs) and continuous
emissions monitoring (CEM or CEMs)
and to an amendment adding
requirements for Quality Assurance and
Quality Control (QA/QC) as they pertain
to COMs. EPA is approving these
revisions to the COMs and CEMs
requirements in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
December 7, 2016.
DATES:
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EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0042. 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
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:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Background
On June 17, 2016 (81 FR 39605), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Maryland. In the NPR, EPA proposed
approval of revisions and amendments
to COMAR 26.11.01 General
Administrative Requirements related to
requirements for COMs and CEMs and
the addition of new COMAR 26.01.31
Quality Assurance Requirements for
Continuous Opacity Monitors (COMs).
The formal SIP revision (#15–05) was
submitted by Maryland through the
Maryland Department of the
Environment (MDE) on November 24,
2015. On February 26, 2016, MDE
provided a supplemental letter
indicating MDE was excluding portions
of COMAR 26.11.01.10 submitted in the
November 24, 2015 SIP submittal from
EPA’s review and consideration as a SIP
revision. The February 26, 2016 letter
from MDE is available in the docket for
this rulemaking and is available online
at https://www.regulations.gov.1
EPA had previously approved
Maryland regulation COMAR
26.11.01.10 Continuous Emissions
Monitoring (CEM) Requirements into the
Maryland SIP on February 28, 1996. 61
FR 7418. COMAR 26.11.01.10 required
1 Specifically, in the February 26, 2016 letter from
MDE to EPA, MDE withdrew from EPA’s review
and consideration the text in COMAR
26.11.01.10.A(4), in COMAR 26.11 .01.10.B(4), in
COMAR 26.11.01.10D(2)(c), and in COMAR
26.11.01.10.F which had initially been included in
the November 25, 2015 SIP submittal. MDE
excluded provisions in COMAR 26.11.01.10 that
refer to sections or subsections of COMAR 26.11.09
that are not yet in the State’s SIP. MDE plans to
submit the COMAR 26.11.09 revisions along with
these related provisions for approval into the SIP
at a later date.
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large fuel-burning equipment burning
coal and residual oil to install COMs
and demonstrate compliance using
COM data. The regulation established
monitoring requirements, CEM
installation requirements, CEM
installation and certification schedules,
quality assurance procedures for opacity
monitors, and record keeping and
reporting requirements. The regulation
had previously incorporated by
reference Maryland’s Technical
Memorandum 90–01 (TM 90), and
required compliance determinations for
the State’s visible emissions limits and
QA/QC for COMs in accordance with
the procedures therein. The terms CEMs
and COMs were used interchangeably in
COMAR 26.11.01.10; therefore, MDE
determined it was necessary to establish
separate requirements for each.
The November 24, 2015 SIP submittal,
as clarified and amended on February
26, 2016 by MDE, includes revisions to
COMs and CEMs definitions in COMAR
26.11.01.01, administrative changes to
reporting and recordkeeping
requirements in COMAR 26.11.01.05, a
revised COMAR 26.11.01.10 for COMs,
a new COMAR 26.11.01.11 for CEMs,
and new COMAR 26.11.31 for QA/QC
procedures related to COMs. The
November 24, 2015 submittal, as
amended by MDE’s February 26, 2016
letter, removes the requirement to use
TM 90 for enforcement actions and for
QA/QC requirements on applicable fuelburning equipment and removes
references to TM 90.
II. Summary of SIP Revision
The SIP revision is comprised of four
state actions pertaining to adjusted
requirements for COMs and CEMs in
COMAR 26.11.01.01, COMAR
26.11.01.05 and COMAR 26.11.01.10,
new CEMs provisions in COMAR
26.11.01.11, and new QA/QC
requirements in COMAR 26.11.31.
These four actions are a series of
regulatory actions that result in a
recodification of some existing
requirements for COMs and CEMs,
establishment of separate regulations
and requirements for COMs and CEMs,
removal of applicability of TM 90 for
certain fuel-burning equipment and
removal of references to TM 90, and
codification of the QA/QC requirements
for COMs that were formerly
incorporated by reference in TM 90 into
a new COMAR 26.11.31. Other specific
requirements of the revised and
amended COMAR regulations, and the
rationale for EPA’s approval action
finding the regulations in accordance
with section 110 of the CAA are
explained in the NPR and in EPA’s
Technical Support Document (TSD)
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78049
dated April 5, 2016, and will not be
restated here. The NPR and TSD can be
found in the docket for this rulemaking
action available online at https://
www.regulations.gov.
III. Public Comments and EPA
Responses
EPA received one set of comments on
the proposal from the Environmental
Integrity Project and the Chesapeake
Climate Action Network (collectively
referred to herein as ‘‘Commenter’’).
This set of these comments is provided
in the docket for today’s final
rulemaking action.
Comment 1: The Commenter stated
that it thought the SIP revision would
improve the Maryland SIP because it
separates the requirements for COMs
from the requirements for CEMs.
However, because of its concern
regarding some of Maryland’s
permitting and enforcement actions on
opacity and particulate matter (PM)
issues, the Commenter submitted
comments ‘‘to explain our
understanding of the effect of the SIP
revision that EPA is proposing to
approve.’’ The Commenter expressed
concern with allowing ‘‘ineffective
technical methods’’ in compliance
demonstrations for opacity limits. The
Commenter stated that a COM is an
effective method of measuring
compliance with Maryland’s SIP opacity
limits and reserved judgment on
whether it is ever appropriate to
substitute another technology for COMs
to demonstrate compliance with opacity
limits. The Commenter stated that if a
technology is to be substituted for
COMs, it should include PM CEMS
paired with an approved method that
accounts for the condensable portion of
PM. The Commenter stated that, for
various reasons, EPA Reference Method
9, by itself, is not a sufficient substitute
for COMs due to infrequency and
weather condition issues. The
Commenter acknowledged that the
proposed action to approve revisions to
COMAR 26.11.01.10, 26.11.01.11 and
26.11.01.01 for the Maryland SIP does
not ‘‘allow Method 9 observations as a
substitute for COM in compliance
demonstrations for opacity.’’ The
Commenter noted that COMAR
26.11.01.10(A)(4), which allows fuelburning sources to discontinue use of
COMs under certain circumstances is
not part of the November 24, 2015 SIP
revision, as amended February 26, 2016,
which EPA proposed to approve.
Finally, the Commenter stated that no
part of COMAR 26.11.09.05 [which
contains Maryland’s opacity limitation]
was submitted with the November 24,
2015 SIP submittal, and thus no
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provision in the November 24, 2015 SIP
submission allows discontinuation of
COM at fuel burning sources.
Response 1: EPA thanks the
Commenter for its statements. EPA
confirms Commenter’s statement that
the NPR did not propose any action on
COMAR 26.11.09.05, which contains
opacity limitations in Maryland, as no
part of that regulation was included in
the November 24, 2015 submittal. The
version of COMAR 26.11.09.05 which
EPA approved in 2007 remains in the
SIP. See 72 FR 41891 (August 1, 2007)
(approving version of COMAR
26.11.09.05 for SIP with State effective
date of November 24, 2003). EPA also
confirms that the NPR did not include
proposed action on the provisions in
COMAR 26.11.01.10(A)(4), addressing
removal of COMS, as that portion of
COMAR 26.11.01.10 was removed from
EPA’s consideration by a February 26,
2016 supplemental letter from MDE
requesting that certain sections be
struck from the submittal. In EPA’s TSD
which supported the NPR, EPA clearly
explained the exclusions from our
proposed approval action, stating that
none of the newly adopted changes to
COMAR 26.11.09 Control of FuelBurning Equipment, Stationary Internal
Combustion Engines, and Certain FuelBurning Installations were included in
the November 24, 2015 SIP submittal as
MDE stated it intended to make further
revisions to COMAR 26.11.09 before
separately submitting for inclusion into
the State’s SIP. EPA also confirms that
the NPR and TSD clearly indicated
COMAR 26.11.01.10A(4), B(4), D(2)(c),
and F were excluded from the
November 24, 2015 SIP submittal by
MDE’s February 26, 2016 supplemental
submission.
As to the Commenter’s statement
regarding the use of substitutes for
COMs or the appropriateness of
alternatives to use of COMs, EPA first
notes that the comment is not germane
to the regulation EPA proposed to
approve in the NPR as COMAR
26.11.01.10 in the November 24, 2015
SIP submittal, as amended February 26,
2016, does not address alternatives to
use of COMs to demonstrate compliance
nor address substitutes. Thus, EPA
provides no further response to the
Commenter’s general statement
regarding appropriateness of
substituting for COMs.
However, EPA notes generally that
choice of compliance methods is left to
State’s for due consideration. Congress
established the CAA such that each state
has primary responsibility for assuring
air quality within the state and such that
each state determines an emission
reduction program for its areas to attain
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and maintain air quality, subject to EPA
approval, with such approval dependent
upon whether the SIP as a whole meets
the applicable requirements of the CAA.
See Commonwealth of Virginia, et al., v.
EPA, 108 F.3d 1397, 1410 (D.C. Cir.
1997) (citing Natural Resources Defense
Council, Inc. v. Browner, 57 F.3d 1122,
1123 (D.C. Cir. 1995)). While the
requirement for Method 9 for
compliance determinations is not part of
the Maryland regulation for which EPA
proposed approval, EPA notes that
states have flexibility in devising and
developing their choices as to the means
of achieving attainment and
maintenance of a NAAQS. This
flexibility has been affirmed by the
courts. Id. See also Train v. NRDC, 421
U.S. 60 (1975). EPA cannot disapprove
a SIP revision simply based upon a
state’s choice of a particular emission
monitoring requirement, such as a COM
or CEM, as long as the SIP revision
otherwise meets the requirements of the
CAA. As explained in the NPR and the
TSD, Maryland’s November 24, 2015
SIP submission meets the requirements
of the CAA under section 110.
With respect to the use of COMs, EPA
Reference Method 9, or PM CEMs for
determining compliance with opacity
requirements, the choice of compliance
methodology is a choice for the state as
long as the state does not prohibit the
use of credible evidence. EPA’s credible
evidence rule (62 FR 8314 (February 24,
1997)) provided clarifications regarding
the use of any relevant credible
evidence or information for determining
compliance with an applicable emission
limit or requirement. The credible
evidence revisions consisted of various
changes to 40 CFR 51.212, 52.12, 52.30,
60.11 and 61.12. These revisions
provided minor modifications to
existing regulatory provisions to clearly
allow for the use of any credible
evidence—that is, both reference test
and comparable non-reference test
data—to prove or disprove violations of
the CAA in enforcement actions. These
revisions make clear that EPA, states
and citizens acting pursuant to section
304 of the CAA can prosecute actions
for violations of CAA provisions and
federally approved SIPs based
exclusively on any credible evidence,
without the need to rely on any data
from a particular reference test (such as
EPA Reference Method 9). The revisions
also have the effect of eliminating any
potential ambiguity regarding the use of
non-reference test data, including COMs
and CEMs, as a basis for supporting
violations. 40 CFR 51.212 specifically
provides that ‘‘[f]or the purpose of . . .
establishing whether or not a person has
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violated or is in violation of any
standard in this part, the plan must not
preclude the use, including the
exclusive use, of any credible evidence
or information, relevant to whether a
source would have been in compliance
with applicable requirements if the
appropriate performance or compliance
test or procedure had been performed.’’
40 CFR 51.212(c). In this rulemaking,
EPA is approving a revision to COMAR
26.11.01.10 into the Maryland SIP
which requires the use of COMs for
determining compliance with SIP
requirements. However, nothing in
COMAR 26.11.01.10 precludes the use
of credible evidence such as PM CEMs
data or EPA Reference Method 9
readings to determine compliance with
regulatory requirements including
opacity limitations. Thus, the regulation
at COMAR 26.11.01.10 submitted for
SIP approval addresses and meets 40
CFR 51.212 as it does not preclude the
use of credible evidence and addresses
section 110 of the CAA for the Maryland
SIP. The revisions to COMAR
26.11.01.01 and 26.11.01.10 and new
provisions in COMAR 26.11.01.11 and
26.11.31 are approvable for the SIP.
Because the Maryland regulation at
COMAR 26.11.01.10 submitted for SIP
approval does not specifically address
substitution of other compliance
methods or discontinuation of COMs at
stationary sources, EPA provides no
further response to Commenter’s
concerns regarding compliance
methodologies.
Comment 2: The Commenter
expressed concern about attempts to
weaken the opacity limits in the
Maryland SIP and about State regulatory
changes that created exemptions to the
opacity limits. However, the Commenter
acknowledged that the exceptions to the
opacity limits are contained in COMAR
26.11.09.05 and COMAR
26.11.01.10(A)(4), both of which are not
a part of the SIP revision submittal that
EPA proposed to approve in the NPR.
Commenter acknowledged EPA’s
approval of the November 24, 2015 SIP
submittal (as amended February 26,
2016) would not incorporate these
‘‘exceptions into the SIP.’’
Response 2: EPA thanks the
Commenter for its acknowledgments. As
the Commenter clearly stated, EPA’s
NPR does not propose action on any
revised provisions in COMAR
26.11.09.05 nor propose any action on
COMAR 26.11.01.10(A)(4), as MDE
withdrew that provision from EPA’s
consideration with the February 26,
2016 supplemental letter. Thus, no
further response is necessary to
Commenter’s statements.
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III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving for the Maryland SIP
the revisions to requirements for COMs
and CEMs in COMAR 26.11.01.01,
COMAR 26.11.01.05 and COMAR
26.11.01.10, approving new provisions
for COMs and CEMs at COMAR
26.11.01.11 and approving new
requirements for quality assurance for
CEMs at COMAR 26.11.31.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
incorporation by reference of the revised
requirements for COMs and CEMs in
COMAR 26.11.01.01, 26.11.01.05,
26.11.01.10, and 26.11.01.11 and QA/
QC requirements for COMs in new
regulation COMAR 26.11.31. Therefore,
these materials have been approved by
EPA for inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
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).
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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,
2 62
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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 6, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving COMs and CEMs revisions to
Maryland regulations 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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 29, 2016.
Shawn M. Garvin,
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:
■ a. Revising the entries for COMAR
26.11.01.01, COMAR 26.11.01.05, and
COMAR 26.11.01.10; and
■ b. Adding the entries COMAR
26.11.01.11 and COMAR 26.11.31.
The revisions and additions read as
follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
FR 27968 (May 22, 1997).
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Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / 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
*
*
*
*
26.11.01
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
*
*
*
General Administrative Provisions
26.11.01.01 ...............
Definitions ...................................
5/17/2010
11/7/2016 [Insert Federal Register citation].
New definition for COMs and
clarify definition for CEMs.
*
26.11.01.05 ...............
*
*
Records and Information ............
*
5/17/2010
*
11/7/2016 [Insert Federal Register citation].
*
*
(c)(172) Administrative changes
to reporting and recordkeeping requirements.
*
26.11.01.10 ...............
*
*
Continuous Opacity Monitoring ..
*
8/22/2010
*
11/7/2016 [Insert Federal Register citation].
*
*
(c)(106) Requirement to use TM
90–01 is removed. Exceptions: A(4), B(4), D(2)(c), and
F.
26.11.01.11 ...............
Continuous
toring.
Moni-
8/22/2010
11/7/2016 [Insert Federal Register citation].
*
26.11.31 ....................
*
*
Quality Assurance Requirements
for Opacity Monitors (COMs).
*
6/13/2011
*
11/7/2016 [Insert Federal Register citation].
*
*
*
*
*
*
*
*
Emissions
*
*
*
*
*
[FR Doc. 2016–26866 Filed 11–4–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0285; FRL–9953–83Region 1]
Air Plan Approval; NH; Rules for
Reducing Particulate Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire on March 31, 2011 and on
July 23, 2013. These SIP revisions
establish particulate matter (PM) and
visible emissions (VE) standards for the
following sources: foundries, smelters,
and investment casting operations; hot
mix asphalt plants; and sand and gravel
sources, non-metallic mineral
processing plants, and cement and
concrete sources. In addition, EPA is
approving a part of a SIP revision
submitted by New Hampshire on March
12, 2003 that establishes procedures for
testing opacity of emissions (i.e., VE).
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Jkt 241001
*
This action is being taken under the
Clean Air Act.
DATES: This rule is effective on
December 7, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2016–0285. 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, i.e., 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 at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
that if at all possible, you contact the
contact listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Environmental
Scientist, Air Quality Planning Unit, Air
Programs Branch (Mail Code OEP05–
PO 00000
Frm 00032
Fmt 4700
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02), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts,
02109–3912; (617) 918–1684;
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On August 22, 2016 (81 FR 56556),
EPA published a Notice of Proposed
Rulemaking (NPR) for the State of New
Hampshire.
The NPR proposed approval of State
Implementation Plan (SIP) revisions
submitted by the State of New
Hampshire on March 31, 2011 and July
23, 2013. The NPR also proposed
approval of a part of a SIP revision
submitted by the state on March 12,
2003. The March 2011 submittal
included a regulation entitled ‘‘Sand
and Gravel Sources; Non-Metallic
Mineral Processing Plants; Cement and
Concrete Sources’’ (New Hampshire
Code of Administrative Rules Chapter
(Env-A 2800)). The July 2013 submittal
E:\FR\FM\07NOR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78048-78052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26866]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0042; FRL-9954-40-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revisions and Amendments to Regulations for Continuous
Opacity Monitoring, Continuous Emissions Monitoring, and Quality
Assurance Requirements for Continuous Opacity Monitors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
The revision pertains to changes and amendments to Maryland regulations
for continuous opacity monitoring (COM or COMs) and continuous
emissions monitoring (CEM or CEMs) and to an amendment adding
requirements for Quality Assurance and Quality Control (QA/QC) as they
pertain to COMs. EPA is approving these revisions to the COMs and CEMs
requirements in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on December 7, 2016.
[[Page 78049]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0042. 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 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: Marilyn Powers, (215) 814-2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2016 (81 FR 39605), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of revisions and amendments to COMAR 26.11.01 General
Administrative Requirements related to requirements for COMs and CEMs
and the addition of new COMAR 26.01.31 Quality Assurance Requirements
for Continuous Opacity Monitors (COMs). The formal SIP revision (#15-
05) was submitted by Maryland through the Maryland Department of the
Environment (MDE) on November 24, 2015. On February 26, 2016, MDE
provided a supplemental letter indicating MDE was excluding portions of
COMAR 26.11.01.10 submitted in the November 24, 2015 SIP submittal from
EPA's review and consideration as a SIP revision. The February 26, 2016
letter from MDE is available in the docket for this rulemaking and is
available online at https://www.regulations.gov.\1\
---------------------------------------------------------------------------
\1\ Specifically, in the February 26, 2016 letter from MDE to
EPA, MDE withdrew from EPA's review and consideration the text in
COMAR 26.11.01.10.A(4), in COMAR 26.11 .01.10.B(4), in COMAR
26.11.01.10D(2)(c), and in COMAR 26.11.01.10.F which had initially
been included in the November 25, 2015 SIP submittal. MDE excluded
provisions in COMAR 26.11.01.10 that refer to sections or
subsections of COMAR 26.11.09 that are not yet in the State's SIP.
MDE plans to submit the COMAR 26.11.09 revisions along with these
related provisions for approval into the SIP at a later date.
---------------------------------------------------------------------------
EPA had previously approved Maryland regulation COMAR 26.11.01.10
Continuous Emissions Monitoring (CEM) Requirements into the Maryland
SIP on February 28, 1996. 61 FR 7418. COMAR 26.11.01.10 required large
fuel-burning equipment burning coal and residual oil to install COMs
and demonstrate compliance using COM data. The regulation established
monitoring requirements, CEM installation requirements, CEM
installation and certification schedules, quality assurance procedures
for opacity monitors, and record keeping and reporting requirements.
The regulation had previously incorporated by reference Maryland's
Technical Memorandum 90-01 (TM 90), and required compliance
determinations for the State's visible emissions limits and QA/QC for
COMs in accordance with the procedures therein. The terms CEMs and COMs
were used interchangeably in COMAR 26.11.01.10; therefore, MDE
determined it was necessary to establish separate requirements for
each.
The November 24, 2015 SIP submittal, as clarified and amended on
February 26, 2016 by MDE, includes revisions to COMs and CEMs
definitions in COMAR 26.11.01.01, administrative changes to reporting
and recordkeeping requirements in COMAR 26.11.01.05, a revised COMAR
26.11.01.10 for COMs, a new COMAR 26.11.01.11 for CEMs, and new COMAR
26.11.31 for QA/QC procedures related to COMs. The November 24, 2015
submittal, as amended by MDE's February 26, 2016 letter, removes the
requirement to use TM 90 for enforcement actions and for QA/QC
requirements on applicable fuel-burning equipment and removes
references to TM 90.
II. Summary of SIP Revision
The SIP revision is comprised of four state actions pertaining to
adjusted requirements for COMs and CEMs in COMAR 26.11.01.01, COMAR
26.11.01.05 and COMAR 26.11.01.10, new CEMs provisions in COMAR
26.11.01.11, and new QA/QC requirements in COMAR 26.11.31. These four
actions are a series of regulatory actions that result in a
recodification of some existing requirements for COMs and CEMs,
establishment of separate regulations and requirements for COMs and
CEMs, removal of applicability of TM 90 for certain fuel-burning
equipment and removal of references to TM 90, and codification of the
QA/QC requirements for COMs that were formerly incorporated by
reference in TM 90 into a new COMAR 26.11.31. Other specific
requirements of the revised and amended COMAR regulations, and the
rationale for EPA's approval action finding the regulations in
accordance with section 110 of the CAA are explained in the NPR and in
EPA's Technical Support Document (TSD) dated April 5, 2016, and will
not be restated here. The NPR and TSD can be found in the docket for
this rulemaking action available online at https://www.regulations.gov.
III. Public Comments and EPA Responses
EPA received one set of comments on the proposal from the
Environmental Integrity Project and the Chesapeake Climate Action
Network (collectively referred to herein as ``Commenter''). This set of
these comments is provided in the docket for today's final rulemaking
action.
Comment 1: The Commenter stated that it thought the SIP revision
would improve the Maryland SIP because it separates the requirements
for COMs from the requirements for CEMs. However, because of its
concern regarding some of Maryland's permitting and enforcement actions
on opacity and particulate matter (PM) issues, the Commenter submitted
comments ``to explain our understanding of the effect of the SIP
revision that EPA is proposing to approve.'' The Commenter expressed
concern with allowing ``ineffective technical methods'' in compliance
demonstrations for opacity limits. The Commenter stated that a COM is
an effective method of measuring compliance with Maryland's SIP opacity
limits and reserved judgment on whether it is ever appropriate to
substitute another technology for COMs to demonstrate compliance with
opacity limits. The Commenter stated that if a technology is to be
substituted for COMs, it should include PM CEMS paired with an approved
method that accounts for the condensable portion of PM. The Commenter
stated that, for various reasons, EPA Reference Method 9, by itself, is
not a sufficient substitute for COMs due to infrequency and weather
condition issues. The Commenter acknowledged that the proposed action
to approve revisions to COMAR 26.11.01.10, 26.11.01.11 and 26.11.01.01
for the Maryland SIP does not ``allow Method 9 observations as a
substitute for COM in compliance demonstrations for opacity.'' The
Commenter noted that COMAR 26.11.01.10(A)(4), which allows fuel-burning
sources to discontinue use of COMs under certain circumstances is not
part of the November 24, 2015 SIP revision, as amended February 26,
2016, which EPA proposed to approve. Finally, the Commenter stated that
no part of COMAR 26.11.09.05 [which contains Maryland's opacity
limitation] was submitted with the November 24, 2015 SIP submittal, and
thus no
[[Page 78050]]
provision in the November 24, 2015 SIP submission allows
discontinuation of COM at fuel burning sources.
Response 1: EPA thanks the Commenter for its statements. EPA
confirms Commenter's statement that the NPR did not propose any action
on COMAR 26.11.09.05, which contains opacity limitations in Maryland,
as no part of that regulation was included in the November 24, 2015
submittal. The version of COMAR 26.11.09.05 which EPA approved in 2007
remains in the SIP. See 72 FR 41891 (August 1, 2007) (approving version
of COMAR 26.11.09.05 for SIP with State effective date of November 24,
2003). EPA also confirms that the NPR did not include proposed action
on the provisions in COMAR 26.11.01.10(A)(4), addressing removal of
COMS, as that portion of COMAR 26.11.01.10 was removed from EPA's
consideration by a February 26, 2016 supplemental letter from MDE
requesting that certain sections be struck from the submittal. In EPA's
TSD which supported the NPR, EPA clearly explained the exclusions from
our proposed approval action, stating that none of the newly adopted
changes to COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines, and Certain Fuel-Burning Installations
were included in the November 24, 2015 SIP submittal as MDE stated it
intended to make further revisions to COMAR 26.11.09 before separately
submitting for inclusion into the State's SIP. EPA also confirms that
the NPR and TSD clearly indicated COMAR 26.11.01.10A(4), B(4), D(2)(c),
and F were excluded from the November 24, 2015 SIP submittal by MDE's
February 26, 2016 supplemental submission.
As to the Commenter's statement regarding the use of substitutes
for COMs or the appropriateness of alternatives to use of COMs, EPA
first notes that the comment is not germane to the regulation EPA
proposed to approve in the NPR as COMAR 26.11.01.10 in the November 24,
2015 SIP submittal, as amended February 26, 2016, does not address
alternatives to use of COMs to demonstrate compliance nor address
substitutes. Thus, EPA provides no further response to the Commenter's
general statement regarding appropriateness of substituting for COMs.
However, EPA notes generally that choice of compliance methods is
left to State's for due consideration. Congress established the CAA
such that each state has primary responsibility for assuring air
quality within the state and such that each state determines an
emission reduction program for its areas to attain and maintain air
quality, subject to EPA approval, with such approval dependent upon
whether the SIP as a whole meets the applicable requirements of the
CAA. See Commonwealth of Virginia, et al., v. EPA, 108 F.3d 1397, 1410
(D.C. Cir. 1997) (citing Natural Resources Defense Council, Inc. v.
Browner, 57 F.3d 1122, 1123 (D.C. Cir. 1995)). While the requirement
for Method 9 for compliance determinations is not part of the Maryland
regulation for which EPA proposed approval, EPA notes that states have
flexibility in devising and developing their choices as to the means of
achieving attainment and maintenance of a NAAQS. This flexibility has
been affirmed by the courts. Id. See also Train v. NRDC, 421 U.S. 60
(1975). EPA cannot disapprove a SIP revision simply based upon a
state's choice of a particular emission monitoring requirement, such as
a COM or CEM, as long as the SIP revision otherwise meets the
requirements of the CAA. As explained in the NPR and the TSD,
Maryland's November 24, 2015 SIP submission meets the requirements of
the CAA under section 110.
With respect to the use of COMs, EPA Reference Method 9, or PM CEMs
for determining compliance with opacity requirements, the choice of
compliance methodology is a choice for the state as long as the state
does not prohibit the use of credible evidence. EPA's credible evidence
rule (62 FR 8314 (February 24, 1997)) provided clarifications regarding
the use of any relevant credible evidence or information for
determining compliance with an applicable emission limit or
requirement. The credible evidence revisions consisted of various
changes to 40 CFR 51.212, 52.12, 52.30, 60.11 and 61.12. These
revisions provided minor modifications to existing regulatory
provisions to clearly allow for the use of any credible evidence--that
is, both reference test and comparable non-reference test data--to
prove or disprove violations of the CAA in enforcement actions. These
revisions make clear that EPA, states and citizens acting pursuant to
section 304 of the CAA can prosecute actions for violations of CAA
provisions and federally approved SIPs based exclusively on any
credible evidence, without the need to rely on any data from a
particular reference test (such as EPA Reference Method 9). The
revisions also have the effect of eliminating any potential ambiguity
regarding the use of non-reference test data, including COMs and CEMs,
as a basis for supporting violations. 40 CFR 51.212 specifically
provides that ``[f]or the purpose of . . . establishing whether or not
a person has violated or is in violation of any standard in this part,
the plan must not preclude the use, including the exclusive use, of any
credible evidence or information, relevant to whether a source would
have been in compliance with applicable requirements if the appropriate
performance or compliance test or procedure had been performed.'' 40
CFR 51.212(c). In this rulemaking, EPA is approving a revision to COMAR
26.11.01.10 into the Maryland SIP which requires the use of COMs for
determining compliance with SIP requirements. However, nothing in COMAR
26.11.01.10 precludes the use of credible evidence such as PM CEMs data
or EPA Reference Method 9 readings to determine compliance with
regulatory requirements including opacity limitations. Thus, the
regulation at COMAR 26.11.01.10 submitted for SIP approval addresses
and meets 40 CFR 51.212 as it does not preclude the use of credible
evidence and addresses section 110 of the CAA for the Maryland SIP. The
revisions to COMAR 26.11.01.01 and 26.11.01.10 and new provisions in
COMAR 26.11.01.11 and 26.11.31 are approvable for the SIP. Because the
Maryland regulation at COMAR 26.11.01.10 submitted for SIP approval
does not specifically address substitution of other compliance methods
or discontinuation of COMs at stationary sources, EPA provides no
further response to Commenter's concerns regarding compliance
methodologies.
Comment 2: The Commenter expressed concern about attempts to weaken
the opacity limits in the Maryland SIP and about State regulatory
changes that created exemptions to the opacity limits. However, the
Commenter acknowledged that the exceptions to the opacity limits are
contained in COMAR 26.11.09.05 and COMAR 26.11.01.10(A)(4), both of
which are not a part of the SIP revision submittal that EPA proposed to
approve in the NPR. Commenter acknowledged EPA's approval of the
November 24, 2015 SIP submittal (as amended February 26, 2016) would
not incorporate these ``exceptions into the SIP.''
Response 2: EPA thanks the Commenter for its acknowledgments. As
the Commenter clearly stated, EPA's NPR does not propose action on any
revised provisions in COMAR 26.11.09.05 nor propose any action on COMAR
26.11.01.10(A)(4), as MDE withdrew that provision from EPA's
consideration with the February 26, 2016 supplemental letter. Thus, no
further response is necessary to Commenter's statements.
[[Page 78051]]
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving for the
Maryland SIP the revisions to requirements for COMs and CEMs in COMAR
26.11.01.01, COMAR 26.11.01.05 and COMAR 26.11.01.10, approving new
provisions for COMs and CEMs at COMAR 26.11.01.11 and approving new
requirements for quality assurance for CEMs at COMAR 26.11.31.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
revised requirements for COMs and CEMs in COMAR 26.11.01.01,
26.11.01.05, 26.11.01.10, and 26.11.01.11 and QA/QC requirements for
COMs in new regulation COMAR 26.11.31. Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\2\ 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).
---------------------------------------------------------------------------
\2\ 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 6, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action approving COMs and CEMs revisions to Maryland
regulations 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, Particulate matter, Reporting and
recordkeeping requirements.
Dated: September 29, 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, the table in paragraph (c) is amended by:
0
a. Revising the entries for COMAR 26.11.01.01, COMAR 26.11.01.05, and
COMAR 26.11.01.10; and
0
b. Adding the entries COMAR 26.11.01.11 and COMAR 26.11.31.
The revisions and additions read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 78052]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01.................... Definitions......... 5/17/2010 11/7/2016 [Insert New definition for
Federal Register COMs and clarify
citation]. definition for
CEMs.
* * * * * * *
26.11.01.05.................... Records and 5/17/2010 11/7/2016 [Insert (c)(172)
Information. Federal Register Administrative
citation]. changes to
reporting and
recordkeeping
requirements.
* * * * * * *
26.11.01.10.................... Continuous Opacity 8/22/2010 11/7/2016 [Insert (c)(106)
Monitoring. Federal Register Requirement to use
citation]. TM 90-01 is
removed.
Exceptions: A(4),
B(4), D(2)(c), and
F.
26.11.01.11.................... Continuous Emissions 8/22/2010 11/7/2016 [Insert
Monitoring. Federal Register
citation].
* * * * * * *
26.11.31....................... Quality Assurance 6/13/2011 11/7/2016 [Insert
Requirements for Federal Register
Opacity Monitors citation].
(COMs).
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[FR Doc. 2016-26866 Filed 11-4-16; 8:45 am]
BILLING CODE 6560-50-P
