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; Correction, 22290-22291 [2017-09492]
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22290
Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because we are merely
correcting an inadvertent, incorrect
citation in a previous action which fully
discussed the regulation added to the
Maryland SIP and provided a proposal
and opportunity for comment. Thus,
notice and public procedure are
unnecessary. We find that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
This document corrects an
omission in the rule language of a final
rule pertaining 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 as they pertain to COMs.
EPA approved these revisions to the
COMs and CEMs requirements in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This document is effective on
May 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308 or by
email at powers.marilyn@.epa.gov.
SUPPLEMENTARY INFORMATION: On
November 7, 2016, (81 FR 78048), EPA
published a final rulemaking action
approving revisions and amendments to
Maryland regulations for COMs, CEMs,
and quality assurance requirements for
COMs.
In the ‘‘Identification of Plan’’ table
on page 78052 of the rulemaking action
published on November 7, 2016, we
added only the title for Maryland
regulation COMAR 26.11.31 ‘‘Quality
Assurance Requirements for Opacity
Monitors (COMs)’’ to 40 CFR 52.1070(c)
and inadvertently omitted approved
sections COMAR 26.11.31.01 through
.12. The intent of the approved
rulemaking was to incorporate the entire
COMAR 26.11.31 regulation into the
Maryland SIP. The revised rule language
in this correcting rulemaking action is
now adding the omitted language for
each section of COMAR 26.11.31 in the
Code of Federal Regulations (CFR).
These sections were part of the original
approval and are to be included in the
CFR through this correction.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). Because the agency has made
a ‘‘good cause’’ finding that this action
is not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0042; FRL–9961–38–
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; Correction
AGENCY:
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:54 May 12, 2017
Jkt 241001
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of May 15,
2017.
EPA will submit a report containing
this rule 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. This correction of the rule
language in 40 CFR 52.1070(c)
pertaining to changes and amendments
to Maryland regulations for COMs and
CEMs is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
E:\FR\FM\15MYR1.SGM
15MYR1
22291
Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations
Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region
III.
■
40 CFR part 52 is amended as follows:
‘‘26.11.30 Policies and Procedures
Relating to Maryland’s NOX Reduction
and Trading Program’’ entries
‘‘26.11.31.01 through 26.11.31.12’’ in
numerical order to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1070
Authority: 42 U.S.C. 7401 et seq.
*
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(c) is amended by adding under heading
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations
(COMAR) citation
*
*
26.11.30
*
26.11.31.01
26.11.31.02
26.11.31.03
26.11.31.04
26.11.31.05
26.11.31.06
26.11.31.07
26.11.31.08
26.11.31.09
26.11.31.10
26.11.31.11
26.11.31.12
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
.......................
*
*
*
*
*
*
*
Scope ..........................................................................
Applicability .................................................................
Incorporation by Reference ........................................
Definitions ...................................................................
Principle ......................................................................
Quality Control Requirements ....................................
Opacity Calibration Drift Assessment .........................
Audit Frequency .........................................................
Performance Audit ......................................................
Calibration Error Methods ..........................................
Zero Alignment Audit ..................................................
Corrective Actions ......................................................
*
*
[FR Doc. 2017–09492 Filed 5–12–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0054; FRL–9960–15–
Region 6]
Approval and Promulgation of
Implementation Plans; Texas; Clean
Air Act Requirements for Vehicle
Inspection and Maintenance,
Nonattainment New Source Review
and Emission Statements
sradovich on DSK3GMQ082PROD with RULES
16:27 May 12, 2017
Jkt 241001
approved describes how CAA
requirements for vehicle inspection and
maintenance (I/M), nonattainment new
source review (NNSR) and emission
statements are met in the HoustonGalveston-Brazoria ozone
nonattainment area (HGB area) for the
2008 ozone NAAQS. EPA is also making
a ministerial correction to the Code of
Federal Regulations (CFR) to accurately
reflect approved SIP revisions that
pertain to Texas I/M provisions.
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0054, at https://
www.regulations.gov or via email to
young.carl@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
ADDRESSES:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) revision submitted by the
State of Texas for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS). The SIP revision being
PO 00000
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11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
11/7/2016
*
81
81
81
81
81
81
81
81
81
81
81
81
*
This rule is effective on July 14,
2017 without further notice, unless the
EPA receives relevant adverse comment
by June 14, 2017. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY:
*
*
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
6/13/2011
DATES:
AGENCY:
VerDate Sep<11>2014
EPA approval date
*
*
*
*
Policies and Procedures Relating to Maryland’s NOX Reduction and Trading Program
*
*
State
effective
date
Title/subject
Sfmt 4700
*
Additional
explanation/
citation at 40
CFR 52.1100
*
*
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
78048.
78048.
78048.
78048.
78048.
78048.
78048.
78048.
78048.
78048.
78048.
78048.
*
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact Carl Young, 214–665–6645,
young.carl@epa.gov. 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/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
E:\FR\FM\15MYR1.SGM
15MYR1
]]>Agencies
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Pages 22290-22291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09492]
[[Page 22290]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0042; FRL-9961-38-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; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an omission in the rule language of a
final rule pertaining 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 as they pertain
to COMs. EPA approved these revisions to the COMs and CEMs requirements
in accordance with the requirements of the Clean Air Act (CAA).
DATES: This document is effective on May 15, 2017.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by
email at powers.marilyn@.epa.gov.
SUPPLEMENTARY INFORMATION: On November 7, 2016, (81 FR 78048), EPA
published a final rulemaking action approving revisions and amendments
to Maryland regulations for COMs, CEMs, and quality assurance
requirements for COMs.
In the ``Identification of Plan'' table on page 78052 of the
rulemaking action published on November 7, 2016, we added only the
title for Maryland regulation COMAR 26.11.31 ``Quality Assurance
Requirements for Opacity Monitors (COMs)'' to 40 CFR 52.1070(c) and
inadvertently omitted approved sections COMAR 26.11.31.01 through .12.
The intent of the approved rulemaking was to incorporate the entire
COMAR 26.11.31 regulation into the Maryland SIP. The revised rule
language in this correcting rulemaking action is now adding the omitted
language for each section of COMAR 26.11.31 in the Code of Federal
Regulations (CFR). These sections were part of the original approval
and are to be included in the CFR through this correction.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making this rule final without prior proposal
and opportunity for comment because we are merely correcting an
inadvertent, incorrect citation in a previous action which fully
discussed the regulation added to the Maryland SIP and provided a
proposal and opportunity for comment. Thus, notice and public procedure
are unnecessary. We find that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). Because
the agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of May 15,
2017.
EPA will submit a report containing this rule 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. This correction of the rule language
in 40 CFR 52.1070(c) pertaining to changes and amendments to Maryland
regulations for COMs and CEMs is not a ``major rule'' as defined by 5
U.S.C. 804(2).
[[Page 22291]]
Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, EPA Region III.
0
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 adding
under heading ``26.11.30 Policies and Procedures Relating to Maryland's
NOX Reduction and Trading Program'' entries ``26.11.31.01
through 26.11.31.12'' in numerical order to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland Administrative State explanation/
Regulations (COMAR) citation Title/subject effective date EPA approval date citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.31.01.................... Scope.................. 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.02.................... Applicability.......... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.03.................... Incorporation by 6/13/2011 11/7/2016 81 FR
Reference. 78048.
26.11.31.04.................... Definitions............ 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.05.................... Principle.............. 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.06.................... Quality Control 6/13/2011 11/7/2016 81 FR
Requirements. 78048.
26.11.31.07.................... Opacity Calibration 6/13/2011 11/7/2016 81 FR
Drift Assessment. 78048.
26.11.31.08.................... Audit Frequency........ 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.09.................... Performance Audit...... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.10.................... Calibration Error 6/13/2011 11/7/2016 81 FR
Methods. 78048.
26.11.31.11.................... Zero Alignment Audit... 6/13/2011 11/7/2016 81 FR
78048.
26.11.31.12.................... Corrective Actions..... 6/13/2011 11/7/2016 81 FR
78048.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-09492 Filed 5-12-17; 8:45 am]
BILLING CODE 6560-50-P
