Approval and Promulgation of Air Quality Implementation Plans; Maryland; Requirements for Continuous Emission Monitoring, 20292-20293 [2017-08656]
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20292
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules
AWP NV E5 Hawthorne, NV [New]
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That airspace extending upward from 700
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Hawthorne Industrial Airport and within 2
miles each side of a line extending from lat.
38°32′25″ N., long. 118°37′26″ W.; to lat.
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38°28′49″ N., long. 118°24′19″ W.; to lat.
38°32′06″ N., long. 118°18′07″ W.
Issued in Seattle, Washington, on April 21,
2017.
Sam S.L. Shrimpton,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2017–08748 Filed 4–28–17; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0047; FRL–9961–49–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Requirements for
Continuous Emission Monitoring
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Maryland.
This revision pertains to removing a
discontinued Technical Memorandum
90–01 (TM 90–01) from Maryland’s SIP,
which is now superseded by a new
continuous emission monitoring (CEM)
regulation. Maryland previously used
TM 90–01 to govern the CEM
requirements for fuel burning
equipment. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before May 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2017–0047 at https://
www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
mstockstill on DSK30JT082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:54 Apr 28, 2017
Jkt 241001
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gavin Huang, (215) 814–2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In May 2010, the State of Maryland
through the Maryland Department of the
Environment (MDE) discontinued the
use of TM 90–01 ‘‘Continuous Emission
Monitoring Policies and Procedures’’
and codified these requirements for
CEMs in Maryland regulation COMAR
26.11.01.11 ‘‘Continuous Emission
Monitoring Requirements.’’ MDE had
been in the process of establishing
unique requirements for CEMs, separate
from the requirements for continuous
opacity monitors (COMs), and broke out
the requirements into separate COMAR
regulations. On November 7, 2016 (81
FR 78048), EPA approved these separate
regulations into Maryland’s SIP.
II. Summary of SIP Revision and EPA
Evaluation
On July 1, 2016, MDE submitted a SIP
revision to remove discontinued TM
90–01 from Maryland’s SIP because TM
90–01 had been superseded by COMAR
26.11.01.11. EPA previously approved
TM 90–01 into Maryland’s SIP on
February 28, 1996. See 61 FR 7418.
MDE also submitted a revised version of
COMAR 26.11.10.06 ‘‘Control of
Volatile Organic Compounds from Iron
and Steel Production Installations’’ for
inclusion in the Maryland SIP which
removed a reference to TM 90–01 in
section C(3)(b) of COMAR 26.11.10.06
and added a reference to COMAR
26.11.01.11 in COMAR 26.11.10.06.
On November 7, 2016 (81 FR 78048),
EPA approved COMAR 26.11.01.11 into
the Maryland SIP. This newly SIP
approved regulation establishes general
requirements, quality assurance
provisions, and monitoring and
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
compliance requirements for the
installation of CEMs for each of the
applicable source categories. TM 90–01
previously had addressed quality
assurance provisions for CEMs and had
also established levels of enforcement
actions for Maryland for visible
emissions exceedances based on a
source’s operating time during a
calendar quarter, and allowed
exceedances to occur without follow up
enforcement for up to 10 percent of a
source’s operating time in addition to an
existing 6-minute exclusion. Maryland’s
CEM quality assurance requirements are
now in COMAR 26.11.01.11 which is in
the Maryland SIP. The removal of TM
90–01, which contained enforcement
exclusions related to the number of
violations and data availability from
CEMs and COMs, strengthens
enforcement of Maryland’s visible
emissions standards. COMAR
26.11.01.11 does not contain any
exclusions for the operation of CEMs.
Therefore, EPA is removing a moot
memorandum from the SIP which has
already been replaced by a regulatory
requirement and thus this removal will
not interfere with any CAA requirement,
with any national ambient air quality
standard (NAAQS), or with any
reasonable further progress and the
removal meets requirements in section
110(l) of the CAA. Due to the removal
of TM 90–01, MDE has also removed a
reference to TM 90–01 in COMAR
26.11.10.06 in section C(3)(b) and added
a reference to COMAR 26.11.01.11
which EPA finds appropriate. This
amendment to COMAR 26.11.10.06 will
also be reflected in the SIP.
III. Proposed Action
EPA is proposing to approve the July
1, 2016 Maryland SIP revision
submittal, which seeks removal of
discontinued TM 90–01 from the
Maryland SIP in accordance with
section 110 of the CAA. The CEM
requirements for quality assurance,
monitoring and other technical
requirements under discontinued TM
90–01 have been superseded and
codified under COMAR 26.11.01.11.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this proposed rulemaking, EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference COMAR 26.11.01.11 in the
amendment to COMAR
E:\FR\FM\01MYP1.SGM
01MYP1
Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules
mstockstill on DSK30JT082PROD with PROPOSALS
26.11.10.06C(3)(b), as previously
discussed in section II in this
rulemaking. EPA has made, and will
continue to make, these materials
generally available through https://
www.regulations.gov and/or at the EPA
Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• 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
VerDate Sep<11>2014
16:54 Apr 28, 2017
Jkt 241001
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking
to remove discontinued TM 90–01 from
Maryland’s SIP and include revised
COMAR 26.11.10.06 in the SIP does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 3, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017–08656 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2017–0024; A–1–FRL–
9961–41–Region 1]
Air Plan Approval; ME; Emission
Statement Reporting
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Maine. The revision updates Maine’s
emissions reporting requirements for
certain stationary sources that emit
criteria pollutants. The intended effect
of this action is to approve the revision
into the Maine SIP. This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before May 31, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2017–0024 at https://
www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
20293
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, tel. 617–918–1584, fax
617–918–0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
Dated: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–08654 Filed 4–28–17; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\01MYP1.SGM
01MYP1
Agencies
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20292-20293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08656]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2017-0047; FRL-9961-49-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Requirements for Continuous Emission Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision pertains to removing a discontinued
Technical Memorandum 90-01 (TM 90-01) from Maryland's SIP, which is now
superseded by a new continuous emission monitoring (CEM) regulation.
Maryland previously used TM 90-01 to govern the CEM requirements for
fuel burning equipment. This action is being taken under the Clean Air
Act (CAA).
DATES: Written comments must be received on or before May 31, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0047 at https://www.regulations.gov, or via email to
rehn.brian@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by
email at huang.gavin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In May 2010, the State of Maryland through the Maryland Department
of the Environment (MDE) discontinued the use of TM 90-01 ``Continuous
Emission Monitoring Policies and Procedures'' and codified these
requirements for CEMs in Maryland regulation COMAR 26.11.01.11
``Continuous Emission Monitoring Requirements.'' MDE had been in the
process of establishing unique requirements for CEMs, separate from the
requirements for continuous opacity monitors (COMs), and broke out the
requirements into separate COMAR regulations. On November 7, 2016 (81
FR 78048), EPA approved these separate regulations into Maryland's SIP.
II. Summary of SIP Revision and EPA Evaluation
On July 1, 2016, MDE submitted a SIP revision to remove
discontinued TM 90-01 from Maryland's SIP because TM 90-01 had been
superseded by COMAR 26.11.01.11. EPA previously approved TM 90-01 into
Maryland's SIP on February 28, 1996. See 61 FR 7418. MDE also submitted
a revised version of COMAR 26.11.10.06 ``Control of Volatile Organic
Compounds from Iron and Steel Production Installations'' for inclusion
in the Maryland SIP which removed a reference to TM 90-01 in section
C(3)(b) of COMAR 26.11.10.06 and added a reference to COMAR 26.11.01.11
in COMAR 26.11.10.06.
On November 7, 2016 (81 FR 78048), EPA approved COMAR 26.11.01.11
into the Maryland SIP. This newly SIP approved regulation establishes
general requirements, quality assurance provisions, and monitoring and
compliance requirements for the installation of CEMs for each of the
applicable source categories. TM 90-01 previously had addressed quality
assurance provisions for CEMs and had also established levels of
enforcement actions for Maryland for visible emissions exceedances
based on a source's operating time during a calendar quarter, and
allowed exceedances to occur without follow up enforcement for up to 10
percent of a source's operating time in addition to an existing 6-
minute exclusion. Maryland's CEM quality assurance requirements are now
in COMAR 26.11.01.11 which is in the Maryland SIP. The removal of TM
90-01, which contained enforcement exclusions related to the number of
violations and data availability from CEMs and COMs, strengthens
enforcement of Maryland's visible emissions standards. COMAR
26.11.01.11 does not contain any exclusions for the operation of CEMs.
Therefore, EPA is removing a moot memorandum from the SIP which has
already been replaced by a regulatory requirement and thus this removal
will not interfere with any CAA requirement, with any national ambient
air quality standard (NAAQS), or with any reasonable further progress
and the removal meets requirements in section 110(l) of the CAA. Due to
the removal of TM 90-01, MDE has also removed a reference to TM 90-01
in COMAR 26.11.10.06 in section C(3)(b) and added a reference to COMAR
26.11.01.11 which EPA finds appropriate. This amendment to COMAR
26.11.10.06 will also be reflected in the SIP.
III. Proposed Action
EPA is proposing to approve the July 1, 2016 Maryland SIP revision
submittal, which seeks removal of discontinued TM 90-01 from the
Maryland SIP in accordance with section 110 of the CAA. The CEM
requirements for quality assurance, monitoring and other technical
requirements under discontinued TM 90-01 have been superseded and
codified under COMAR 26.11.01.11. EPA is soliciting public comments on
the issues discussed in this document. These comments will be
considered before taking final action.
IV. Incorporation by Reference
In this proposed rulemaking, EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference COMAR 26.11.01.11 in the amendment to COMAR
[[Page 20293]]
26.11.10.06C(3)(b), as previously discussed in section II in this
rulemaking. EPA has made, and will continue to make, these materials
generally available through https://www.regulations.gov and/or at the
EPA Region III Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking to remove discontinued TM 90-
01 from Maryland's SIP and include revised COMAR 26.11.10.06 in the SIP
does not have tribal implications as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), because the SIP is not approved to
apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 3, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-08656 Filed 4-28-17; 8:45 am]
BILLING CODE 6560-50-P