Approval and Promulgation of Air Quality Implementation Plans; Maryland; Permits, Approvals, and Registrations, 40710-40712 [2017-17865]

Download as PDF 40710 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations II. Summary of SIP Revision and EPA Analysis Maryland’s SIP revision submittal 40 CFR Part 52 includes several amended administrative provisions under [EPA–R03–OAR–2016–0576; FRL–9966–79– COMAR 26.11.02 (Permits, Approvals, Region 3] and Registration) for inclusion in the Maryland SIP. Specifically, 26.11.02.07 Approval and Promulgation of Air (Procedures for Denying, Revoking, or Quality Implementation Plans; Reopening and Revising a Permit or Maryland; Permits, Approvals, and Approval), 26.11.02.11 (Procedures for Registrations Obtaining Permits to Construct Certain Significant Sources), and 26.11.02.12 AGENCY: Environmental Protection (Procedures for Obtaining Approvals of Agency (EPA). PSD Sources and NSR Sources, Certain ACTION: Final rule. Permits to Construct, and Case-by-Case MACT Determinations in Accordance SUMMARY: The Environmental Protection with 40 CFR part 63, subpart B) have Agency (EPA) is approving a state been revised. Maryland has requested implementation plan (SIP) revision EPA add the amended provisions to the submitted by the State of Maryland. Maryland SIP. This revision pertains to Maryland’s The amended COMAR provisions administrative procedures for the with State effective dates of December issuance, denial, and appeal of permits 10, 2015 address MDE’s administrative issued by the Maryland Department of processes for permit issuance and the Environment (MDE). This action is denial. Specifically, the amended being taken under the Clean Air Act COMAR provisions eliminate the (CAA). ‘‘contested case’’ process and the Office of Administrative Hearings’ DATES: This final rule is effective on adjudicatory hearing process for major September 27, 2017. permits, and substitute direct judicial ADDRESSES: EPA has established a review. Additionally, the revisions docket for this action under Docket ID expand standing for challenges to those Number EPA–R03–OAR–2016–0576. All major permits, and include additional documents in the docket are listed on public notice requirements for certain the https://www.regulations.gov Web sources. The amended COMAR site. Although listed in the index, some provisions are described in more detail information is not publicly available, in the NPR and will not be repeated e.g., confidential business information here. (CBI) or other information whose MDE’s February 22, 2016 SIP disclosure is restricted by statute. submittal is consistent with all Certain other material, such as applicable requirements of the CAA and copyrighted material, is not placed on its implementing regulations. The the Internet and will be publicly COMAR public notice requirements available only in hard copy form. meet or exceed the requirements of 40 Publicly available docket materials are CFR 51.160 and 51.161. Additionally, available through https:// the revisions are approvable under www.regulations.gov, or please contact section 110 of the CAA (specifically the person identified in the FOR FURTHER section 110(a)(2)(A) and (C) and section INFORMATION CONTACT section for 173 for NSR programs). Under section additional availability information. 110(a)(2)(C), the SIP must include a program to enforce the emission limits FOR FURTHER INFORMATION CONTACT: and control measures in a state’s SIP (as David Talley, (215) 814–2117, or by required by section 110(a)(2)(A)) and email at talley.david@epa.gov. must also contain a program to regulate SUPPLEMENTARY INFORMATION: modification/construction of sources so that the NAAQS are achieved. Section I. Background 173 requires the permits program for nonattainment NSR and requires states On June 23, 2017 (82 FR 28614), EPA to have a SIP with a permit program that published a notice of proposed ensures sources are required to comply rulemaking (NPR) for the State of with certain things like stringent Maryland. In the NPR, EPA proposed emission limitations (i.e., lowest approval of amendments to the Code of achievable emission rates) and offsets. Maryland Administrative Regulations While having a permits program in the (COMAR) as a revision to the Maryland SIP that addresses denial or revocation SIP. The formal SIP revision (#16–01) was submitted by Maryland on February of permits and addresses permit appeals does not address the required substance 22, 2016. asabaliauskas on DSKBBXCHB2PROD with RULES ENVIRONMENTAL PROTECTION AGENCY VerDate Sep<11>2014 17:58 Aug 25, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 of a NSR program, these provisions do make the NSR program enforceable, and therefore EPA finds the SIP submission and revisions to COMAR 26.11.02 approvable under CAA sections 173 and 110(a)(2)(A) and (C). EPA finds the revisions approvable under section 110 and 173 of the CAA and the CAA’s implementing regulations. In addition, because none of the revisions to COMAR 26.11.02 will affect emissions of pollutants from sources and are largely administrative in nature, EPA finds that none of the revisions to COMAR 26.11.02 will interfere with reasonable further progress, any NAAQS, or any other applicable requirements in the CAA. Thus, EPA finds the submittal is approvable for section 110(l) of the CAA. Other specific requirements of MDE’s February 22, 2016 SIP submittal and the rationale for EPA’s approval of the submittal are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving MDE’s February 22, 2016 SIP submittal as a revision to the Maryland SIP. Specifically, EPA is approving revised COMAR 26.11.02.07, 26.11.02.11 and 26.11.02.12 for inclusion in the Maryland SIP in accordance with sections 110 and 173 of the CAA. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the MDE rules regarding permit issuance and denial as described in Section II of this preamble. 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). 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.1 1 62 E:\FR\FM\28AUR1.SGM FR 27968 (May 22, 1997). 28AUR1 40711 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 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 October 27, 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 pertaining to MDE’s rules regarding permit issuance and denial may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 12, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries ‘‘26.11.02.07,’’ ‘‘26.11.02.11,’’ and ‘‘26.11.02.12’’ to read as follows: ■ § 52.1070 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP Code of Maryland Administrative Regulations (COMAR) citation * Title/subject * * State effective date * Additional explanation/citation at 40 CFR 52.1100 EPA approval date * * * asabaliauskas on DSKBBXCHB2PROD with RULES 26.11.02 Permits, Approvals, and Registration * * * 26.11.02.07 ............................. Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval. VerDate Sep<11>2014 17:58 Aug 25, 2017 Jkt 241001 PO 00000 Frm 00043 * 12/10/15 Fmt 4700 Sfmt 4700 * * * 8/28/17, [insert Federal Reg- Previous Approval 2/27/2003, ister citation]. 68 FR 9012, (c) (182) E:\FR\FM\28AUR1.SGM 28AUR1 40712 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued Code of Maryland Administrative Regulations (COMAR) citation Title/subject State effective date * * * 26.11.02.11 ............................. Procedures for Obtaining Permits to Construct Certain Significant Sources. 26.11.02.12 ............................. Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-by-Case MACT Determinations in Accordance with 40 CFR part 63, Subpart B. * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2017–0184; FRL–9966–80– Region 10] Approval and Promulgation of Implementation Plans; AK: Adoption Updates and Rule Revisions 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 Alaska Department of Environmental Conservation (ADEC) on September 15, 2016. These revisions primarily update adoptions of Federal regulations in the Alaska SIP. The revisions also strengthen the State of Alaska’s (Alaska or State) minor source permitting requirements and remove obsolete source-category specific regulations. In addition, EPA is approving SIP revisions to Alaska’s general and transportation conformity regulations submitted by ADEC on March 10, 2016. The EPA is taking action only on the conformity related portions of the March 2016 submittal. The other portions of the submittal are or will be addressed in separate actions. DATES: This final rule is effective September 27, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2017–0184. All asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:58 Aug 25, 2017 * 12/10/15 Jkt 241001 * * * 8/28/17, [insert Federal Reg- Previous Approval 2/27/2003, ister citation]. 68 FR 9012, (c) (182) 12/10/15 * [FR Doc. 2017–17865 Filed 8–25–17; 8:45 am] 8/28/17, [insert Federal Register citation]. * * documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section below, to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Randall Ruddick, Air Planning Unit, Office of Air and Waste (OAW–150), Environmental Protection Agency, Region 10, 1200 Sixth Ave, Suite 900, Seattle, WA 98101; phone: (206) 553– 1999; email: ruddick.randall@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. Table of Contents I. Background II. Final Action III. Incorporation by Reference IV. Statutory and Executive Orders Review I. Background On March 10, 2016 and September 15, 2016, Alaska submitted SIP revisions to EPA for approval. On June 13, 2017, the EPA proposed to approve the conformity portions of Alaska’s March 10, 2016 submittal and all of the PO 00000 Frm 00044 Additional explanation/citation at 40 CFR 52.1100 EPA approval date Fmt 4700 Sfmt 4700 Previous Approval 8/2/2012, 77 FR 45949 * * revisions requested in the September 15, 2016 submittal (82 FR 27031). Please see our proposed rulemaking for further explanation and the basis for our finding. The public comment period for this proposal ended on July 13, 2017. We received two supportive comments. II. Final Action EPA is approving, and incorporating by reference where appropriate in Alaska’s SIP, all revisions requested by Alaska on September 15, 2016 (state effective August 20, 2016) to the following provisions: • 18 AAC 50.010(4) (Ambient Air Quality Standards) • 18 AAC 50.020(a) (Baseline Dates and Maximum Allowable Increases) • 18 AAC 50.035(a)(3) and (a)(7) (Documents, Procedures, and Methods Adopted by Reference) • 18 AAC 50.040(f) and (h) (Federal Standards Adopted by Reference) • 18 AAC 50.215(a)(3) (Ambient Air Quality Analysis Methods) • 18 AAC 50.345(o) (Construction, Minor and Operating Permits: Standard Permit Conditions) • 18 AAC 50.502(c), (e), (f), (f)(1)(C), (f)(5), (g), (h)(3)(A), and (h)(3)(B) (Minor Permits for Air Quality Protection) • 18 AAC 50.540 (c)(2)(A) (Minor Permit: Application) • 18 AAC 50.542(b)(5) and (d)(1) (Minor Permit: Review and Issuance) At Alaska’s request, EPA is also removing from the SIP the following provisions that ADEC repealed as a matter of state law: 18 AAC 50.055(a)(2), (a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) (Industrial Process and Fuel-Burning Equipment) and 18 AAC 50.060 (Pulp Mills). Finally, EPA is approving revisions to 18 AAC 50, Article 7, Transportation E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40710-40712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17865]

[[Page 40710]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0576; FRL-9966-79-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Permits, Approvals, and Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
This revision pertains to Maryland's administrative procedures for the
issuance, denial, and appeal of permits issued by the Maryland
Department of the Environment (MDE). This action is being taken under
the Clean Air Act (CAA).

DATES: This final rule is effective on September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0576. 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: David Talley, (215) 814-2117, or by
email at talley.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On June 23, 2017 (82 FR 28614), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of amendments to the Code of Maryland Administrative
Regulations (COMAR) as a revision to the Maryland SIP. The formal SIP
revision (#16-01) was submitted by Maryland on February 22, 2016.

II. Summary of SIP Revision and EPA Analysis

Maryland's SIP revision submittal includes several amended
administrative provisions under COMAR 26.11.02 (Permits, Approvals, and
Registration) for inclusion in the Maryland SIP. Specifically,
26.11.02.07 (Procedures for Denying, Revoking, or Reopening and
Revising a Permit or Approval), 26.11.02.11 (Procedures for Obtaining
Permits to Construct Certain Significant Sources), and 26.11.02.12
(Procedures for Obtaining Approvals of PSD Sources and NSR Sources,
Certain Permits to Construct, and Case-by-Case MACT Determinations in
Accordance with 40 CFR part 63, subpart B) have been revised. Maryland
has requested EPA add the amended provisions to the Maryland SIP.
The amended COMAR provisions with State effective dates of December
10, 2015 address MDE's administrative processes for permit issuance and
denial. Specifically, the amended COMAR provisions eliminate the
``contested case'' process and the Office of Administrative Hearings'
adjudicatory hearing process for major permits, and substitute direct
judicial review. Additionally, the revisions expand standing for
challenges to those major permits, and include additional public notice
requirements for certain sources. The amended COMAR provisions are
described in more detail in the NPR and will not be repeated here.
MDE's February 22, 2016 SIP submittal is consistent with all
applicable requirements of the CAA and its implementing regulations.
The COMAR public notice requirements meet or exceed the requirements of
40 CFR 51.160 and 51.161. Additionally, the revisions are approvable
under section 110 of the CAA (specifically section 110(a)(2)(A) and (C)
and section 173 for NSR programs). Under section 110(a)(2)(C), the SIP
must include a program to enforce the emission limits and control
measures in a state's SIP (as required by section 110(a)(2)(A)) and
must also contain a program to regulate modification/construction of
sources so that the NAAQS are achieved. Section 173 requires the
permits program for nonattainment NSR and requires states to have a SIP
with a permit program that ensures sources are required to comply with
certain things like stringent emission limitations (i.e., lowest
achievable emission rates) and offsets. While having a permits program
in the SIP that addresses denial or revocation of permits and addresses
permit appeals does not address the required substance of a NSR
program, these provisions do make the NSR program enforceable, and
therefore EPA finds the SIP submission and revisions to COMAR 26.11.02
approvable under CAA sections 173 and 110(a)(2)(A) and (C). EPA finds
the revisions approvable under section 110 and 173 of the CAA and the
CAA's implementing regulations. In addition, because none of the
revisions to COMAR 26.11.02 will affect emissions of pollutants from
sources and are largely administrative in nature, EPA finds that none
of the revisions to COMAR 26.11.02 will interfere with reasonable
further progress, any NAAQS, or any other applicable requirements in
the CAA. Thus, EPA finds the submittal is approvable for section 110(l)
of the CAA.
Other specific requirements of MDE's February 22, 2016 SIP
submittal and the rationale for EPA's approval of the submittal are
explained in the NPR and will not be restated here. No public comments
were received on the NPR.

III. Final Action

EPA is approving MDE's February 22, 2016 SIP submittal as a
revision to the Maryland SIP. Specifically, EPA is approving revised
COMAR 26.11.02.07, 26.11.02.11 and 26.11.02.12 for inclusion in the
Maryland SIP in accordance with sections 110 and 173 of the CAA.

IV. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the MDE rules
regarding permit issuance and denial as described in Section II of this
preamble. 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).
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.\1\
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\1\ 62 FR 27968 (May 22, 1997).

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[[Page 40711]]

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 October 27, 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 pertaining to MDE's rules regarding permit issuance and
denial may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: August 12, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entries ``26.11.02.07,'' ``26.11.02.11,'' and ``26.11.02.12'' 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
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------

* * * * * * *
26.11.02.07...................... Procedures for 12/10/15 8/28/17, [insert Previous Approval 2/
Denying, Revoking, Federal Register 27/2003, 68 FR
or Reopening and citation]. 9012, (c) (182)
Revising a Permit
or Approval.

[[Page 40712]]

* * * * * * *
26.11.02.11...................... Procedures for 12/10/15 8/28/17, [insert Previous Approval 2/
Obtaining Permits Federal Register 27/2003, 68 FR
to Construct citation]. 9012, (c) (182)
Certain
Significant
Sources.
26.11.02.12...................... Procedures for 12/10/15 8/28/17, [insert Previous Approval 8/
Obtaining Federal Register 2/2012, 77 FR
Approvals of PSD citation]. 45949
Sources and NSR
Sources, Certain
Permits to
Construct, and
Case-by-Case MACT
Determinations in
Accordance with 40
CFR part 63,
Subpart B.

* * * * * * *
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* * * * *

[FR Doc. 2017-17865 Filed 8-25-17; 8:45 am]
BILLING CODE 6560-50-P

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