Air Plan Approval; Maryland; Continuous Opacity Monitoring Requirements for Municipal Waste Combustors and Cement Plants, 64282-64285 [2018-27049]
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64282
Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Rules and Regulations
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel, Pension Benefit
Guaranty Corporation.
[FR Doc. 2018–26849 Filed 12–13–18; 8:45 am]
BILLING CODE 7709–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0490; FRL–9987–81–
Region 3]
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Air Plan Approval; Maryland;
Continuous Opacity Monitoring
Requirements for Municipal Waste
Combustors and Cement Plants
to clarify visible emissions (VE) and
continuous opacity monitor (COM)
requirements for MWCs and Portland
cement plants. The formal SIP revision
(SIP Revision 16–04) was submitted by
Maryland on May 10, 2016. On February
28, 2018, the Maryland Department of
the Environment (MDE) Secretary Ben
Grumbles submitted a clarification letter
to EPA Regional Administrator Cosmo
Servidio, withdrawing definitions for
continuous burning and operating time,
COMAR 26.11.01.01B(8–1) and (27–1),
respectively, from SIP Revision 16–04.
These definitions are no longer part of
SIP Revision 16–04 and are not pending
before EPA.
II. Summary of SIP Revision and EPA
Analysis
The SIP revision consisted of
AGENCY: Environmental Protection
revisions to COMAR 26.11.01.10,
Agency (EPA).
Continuous Opacity Monitoring
ACTION: Final rule.
Requirements. Under COMAR
SUMMARY: The Environmental Protection 26.11.01.10A, Applicability and
Exceptions, MDE added a new section,
Agency (EPA) is approving a state
COMAR 26.11.01.10A(6), regarding
implementation plan (SIP) revision
submitted by the State of Maryland (SIP requirements for alternative visible
emissions limits. Under COMAR
Revision 16–04). This revision pertains
26.11.01.10B, General Requirements for
to clarifying continuous opacity
COMs, MDE amended COMAR
monitoring requirements and visible
emission standards for municipal waste 26.11.01.10B(3) to clarify that a COM
must comply with the applicable
combustors (MWCs) and Portland
requirements in 40 CFR part 51,
cement plants. This action is being
appendix P in its entirety. Also under
taken under the Clean Air Act (CAA).
COMAR 26.11.01.10B, MDE added new
DATES: This final rule is effective on
sections COMAR 26.11.01.10B(5) and
January 14, 2019.
26.11.01.10B(6) to clarify COM
ADDRESSES: EPA has established a
requirements for the owners and
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0490. All operators of cement kilns and clinker
coolers that are operating COMs and the
documents in the docket are listed on
the https://www.regulations.gov website. owners and operators of MWCs that are
required to install and operate COMs,
Although listed in the index, some
respectively. MDE repealed
information is not publicly available,
26.11.01.10F, regarding redundant
e.g., confidential business information
COMs requirements for fuel burning
(CBI) or other information whose
equipment, and is requesting its
disclosure is restricted by statute.
removal from the SIP. Finally, MDE
Certain other material, such as
amended COMAR 26.11.08, Control of
copyrighted material, is not placed on
Incinerators, to add a new section D to
the internet and will be publicly
regulation .04, Visible Emissions.
available only in hard copy form.
EPA evaluated these amendments and
Publicly available docket materials are
found that they help to clarify
available through https://
requirements for COMs. Therefore, they
www.regulations.gov, or please contact
are approvable. Other specific
the person identified in the FOR FURTHER
requirements of Maryland’s SIP
INFORMATION CONTACT section for
Revision 16–04 and the rationale for
additional availability information.
EPA’s proposed action are explained in
FOR FURTHER INFORMATION CONTACT:
the NPRM and will not be restated here.
Maria A. Pino, (215) 814–2181, or by
III. Summary of Public Comments and
email at pino.maria@epa.gov.
EPA Responses
SUPPLEMENTARY INFORMATION:
On September 1, 2018, EPA received
I. Background
adverse comments from one anonymous
On August 23, 2018 (83 FR 42624),
commenter.
Comment: The commenter observed
EPA published a notice of proposed
that in the docket for this rulemaking,
rulemaking (NPRM) for the State of
Docket ID No. EPA–R03–OAR–2018–
Maryland. In the NPRM, EPA proposed
approval of a revision to Maryland’s SIP 0490, at https://www.regulations.gov,
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Maryland’s February 28, 2018
withdrawal letter looked incomplete.
EPA Response: Upon receipt of the
comment, EPA checked and confirmed
that the second page of the letter was
inadvertently excluded from the docket.
EPA notes that the substance of the
letter was contained in the first page of
the letter, which was included in the
docket. The first page explained that
Maryland was withdrawing the
definitions of continuous burning and
operating time from EPA’s consideration
as SIP revisions.
‘‘The purpose of this letter is to request a
clarification to the Maryland SIP Rev #16–04,
to withdraw two definitions under COMAR
26.11.01.01 Definitions from EPA’s
consideration. Please remove the following
two definitions from EPA’s consideration for
inclusion into Maryland’s SIP as part of SIP
Rev #16–04:
COMAR 26.11.01.01.8:
1. (8–1) Continuous Burning
2. (27–1) Operating Time’’
The omitted second page contained only
the following closing language:
‘‘. . . SIP submittal (enclosed) is an exact
duplicate of the official hard copy. If you
have any questions concerning this SIP
action, please feel free to call me at (41 0)
537–3084 or Mr. George (Tad) S. Aburn, Jr.,
Director of the Air and Radiation
Administration, at 410–537–3255.
Sincerely, Ben Grumbles, Secretary.
Enclosure
cc: Mr. George (Tad) S. Aburn Jr., Director,
Air and Radiation Administration; Ms.
Cristina Fernandez, Director, Air
Protection Division, EPA Region Ill’’
Although all the relevant substantive
information was contained in the first
page of the letter, which was include in
the docket, EPA rectified the omission
as quickly as possible. EPA posted
Maryland’s complete two-page letter,
dated February 28, 2018, to Docket ID
No. EPA–R03–OAR–2018–0490, at
https://www.regulations.gov, on
September 4, 2018. The public comment
period ran from August 23, 2018 until
September 24, 2018.
Comment: The commenter also stated
that EPA’s NPRM was hard to
understand, writing, ‘‘I can’t follow
which COMAR applies to what COMAR
because of what redundancies, changes,
or what have you.’’
EPA Response: There were numerous
changes discussed in EPA’s August 23,
2018 NPRM, which readers may find
hard to follow. However, in section II of
the NPRM, Summary of SIP Revision
and EPA Analysis, EPA set out a section
by section accounting of the proposed
changes to Maryland’s SIP. In addition,
in Docket ID No. EPA–R03–OAR–2018–
0490, at https://www.regulations.gov,
there are numerous documents that are
part of Maryland’s SIP Revision
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submittal, which help to clarify the
exact COMAR changes. These
documents include the following
attachments to document number EPA–
R03–OAR–2018–0490–0002, which is
Maryland’s SIP revision submittal letter.
Document number/title
Explanation
3a–original COMAR eff VE Incinerator SIP 16–04 ..................................
Current Effective COMAR text per MDE as of last action final effective
2/15/16; COMAR 26.11.08—Control of Incinerators—.04 ONLY.
Current Effective COMAR text, as approved after SIP 15–05 including
SIP 15–04 with MDE notes; MDE proposed clarification to SIP 16-04
on 02/09/2018.
Current Effective COMAR text, as approved after SIP 15–05 including
SIP 15–04 with MDE proposed SIP Rev #16–04 clarification on 02/
09/2018.
Current Effective COMAR text per MDE as of last action final effective
2/15/16; COMAR 26.11.01.01 & .10.
Maryland Register, volume 43, issue 3, Friday, February 5, 2016, notice of final action.
Maryland register, volume 43, issue 3, Friday, February 5, 2016, notice
of final action, with references to withdrawn definitions for continuous
burning and operating time, COMAR 26.11.01.01B(8–1) and (27–1),
removed.
Maryland Register, volume 42, issue 23, Friday, November 13, 2015,
notice of proposed action.
Maryland register, volume 42, issue 23, Friday, November 13, 2015,
notice of proposed action with withdrawn definitions for continuous
burning and operating time, COMAR 26.11.01.01B(8–1) and (27–1),
removed.
3a–updated COMAR eff text with notes SIP 16–04 Rev_02092018 .......
3b–updated COMAR eff text SIP 16–04 Rev_02092018clean ................
3b–original COMAR eff text 26.11.01_.10 SIP16–04_042816 .................
4a–original Notice of Final Action_02052016.docx ..................................
4b–Updated Notice of Final Action, definitions withdrawn .......................
5a–original Notice of Proposed Action_11.13.15 .....................................
5b–Updated Notice of Proposed Action, Definitions withdrawn ..............
These regulatory changes are also
described in the amendments to 40 CFR
part 52 set forth in this final rulemaking
action.
IV. Final Action
EPA is approving Maryland’s May 10,
2016 SIP Revision 16–04, except for the
definitions of continuous burning and
operating time that MDE withdrew from
SIP Revision 16–04 on February 28,
2018, as a revision to the Maryland SIP.
These revisions consist of amendments
to Regulation .10 under COMAR
26.11.01, General and Administrative
Provisions, and Regulation .04 under
COMAR 26.11.08, Control of
Incinerators, in Maryland’s SIP Revision
16–04, related to COMs and VE
requirements for cement plants and
MWCs.
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V. Incorporation by Reference
In this document, 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 MDE’s amendments to
Regulation .10 under COMAR 26.11.01,
General and Administrative Provisions,
and Regulation .04 under COMAR
26.11.08, Control of Incinerators,
contained in SIP Revision 16–04. As
described previously, the amendments
to COMAR 26.11.01.10, Continuous
Opacity Monitoring Requirements, are
as follows: (1) Add a new section 6 to
COMAR 26.11.01.10A, Applicability
and Exceptions; (2) amend section 3
under COMAR 26.11.01.10B, General
Requirements for COMs; (3) add new
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sections 5 and 6 under COMAR
26.11.01.10B; and (4) remove COMAR
26.11.01.10F, which has been repealed
by the State. The amendment to
COMAR 26.11.08, Control of
Incinerators, consists of an addition of
a new section D to Regulation .04,
Visible Emissions. These regulatory
changes are described in the
amendments to 40 CFR part 52 set forth
in this final rulemaking action. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and 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 in the next
update to the SIP compilation.1
VI. 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,
1 62
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FR 27968 (May 22, 1997).
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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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• 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);
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• 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 February 12, 2019. 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 Maryland SIP Revision 16–
04, COMs requirements for MWCs and
Cement Plants, 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, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: November 30, 2018.
Cosmo Servidio,
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
‘‘26.11.01.10’’ and ‘‘10.18.08/
26.11.08.04’’ 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
State
effective
date
Title/subject
26.11.01
*
26.11.01.10 ................................
General Administrative Provisions
*
*
Continuous Opacity Monitoring
Requirements.
*
*
*
2/15/2016
*
10.18.08/26.11.08.04 .................
*
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Federal
*
*
1. Add new subsections A(6), B(5) and B(6).
2. Revise subsection B(3).
3. Remove subsection F.
Previous approval 3/28/2018 (83 FR 13193).
*
*
*
*
*
Control of Incinerators
*
Visible Emissions ......................
*
12/14/2018, [insert
Register citation].
*
10.18.08/26.11.08
*
Additional explanation/citation at 40 CFR
52.1100
EPA approval date
*
2/15/2016
*
12/14/2018, [insert
Register citation].
*
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Federal
Add new subsection D. Previous approval 8/1/
2007 (72 FR 41891).
*
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*
*
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*
[FR Doc. 2018–27049 Filed 12–13–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R04–OAR–2018–0296; FRL–9987–13–
Region 4]
Air Plan and Operating Permit Program
Approval: AL, GA and SC; Revisions to
Public Notice Provisions in Permitting
Programs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
State Implementation Plan (SIP)
revisions and the Title V Operating
Permit Program revisions submitted on
May 19, 2017, by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM);
submitted on November 29, 2017, by the
State of Georgia, through the Georgia
Environmental Protection Division
(Georgia EPD); and submitted on
September 5, 2017, by the State of South
Carolina, through the South Carolina
Department of Health and
Environmental Control (SC DHEC).
These revisions address the public
notice rule provisions for the New
Source Review (NSR) and Title V
Operating Permit programs (Title V) of
the Clean Air Act (CAA or Act) that
remove the mandatory requirement to
provide public notice of a draft air
permit in a newspaper and that allow
electronic notice (‘‘e-notice’’) as an
alternate noticing option. EPA is
approving these revisions pursuant to
the CAA and implementing federal
regulations.
DATES: This rule is effective January 14,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0296. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
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SUMMARY:
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the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
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 Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms.
Kelly Fortin of the Air Permitting
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Fortin can be
reached by telephone at (404) 562–9117
or via electronic mail at fortin.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a notice of proposed rulemaking
(NPRM) published on August 10, 2018
(83 FR 39638), EPA proposed to approve
the portions of Alabama’s May 19, 2017,
Georgia’s November 29, 2017, and South
Carolina’s September 5, 2017, SIP
revisions and the Title V program
revisions addressing the public notice
requirements for CAA permitting. The
details of Alabama’s, Georgia’s, and
South Carolina’s submittals and the
rationale for EPA’s actions are explained
in the NPRM and briefly summarized
below. The comment period for the
proposed rule closed on September 10,
2018, and EPA did not receive any
adverse comments.
On October 5, 2016, EPA finalized
revised public notice rule provisions for
the NSR, Title V, and Outer Continental
Shelf permitting programs of the CAA.
See 81 FR 71613 (October 18, 2016).
These rule revisions remove the
mandatory requirement to provide
public notice of a draft air permit
through publication in a newspaper and
allow for internet e-notice as an option
for permitting authorities implementing
their own EPA-approved SIP rules and
Title V rules, such as the Alabama,
Georgia, and South Carolina EPAapproved programs. Permitting
authorities are not required to adopt enotice. Nothing in the final rules
prevents a permitting authority of an
EPA-approved permitting program from
continuing to use newspaper
notification and/or from supplementing
e-notice with newspaper notification
and/or additional means of notification.
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64285
When e-notice is provided, EPA’s rule
requires electronic access (e-access) to
the draft permit. Generally, state and
local agencies intend to post the draft
permits and public notices in a
designated location on their agency
websites. For the noticing of draft
permits issued by permitting authorities
with EPA-approved programs, the rule
requires the permitting authority to use
‘‘a consistent noticing method’’ for all
permit notices under the specific
permitting program.
Alabama revised Chapter 335–3–14,
Air Permits and Chapter 335–3–15,
Synthetic Minor Operating Permits, and
Chapter 335–3–16, Major Source
Operating Permits, to incorporate EPA’s
amendments to the federal public notice
regulations discussed above.
Georgia revised Rule 391–3–1–
.02(7)(a)1, Prevention of Significant
Deterioration of Air Quality, and Rule
391–3–1–.03(10), Title V Operating
Permits, of Georgia’s Rules for Air
Quality Control, Chapter 391–3–1, to
incorporate EPA’s amendments to the
federal public notice regulations, as
discussed above.
South Carolina revised Regulation 61–
62.5, Standard No. 7, Prevention of
Significant Deterioration, and
Regulation 61–62.70, Title V Operating
Permit Program of the South Carolina
Air Pollution Control Regulations and
Standards, to incorporate EPA’s
amendments to the federal public notice
regulations discussed above.
II. 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 Alabama’s Chapter 335–
3–14, ‘‘Air Permits’’ at 335–3–14–.01,
.04, and .05 and Chapter 335–3–15
‘‘Synthetic Minor Operating Permits’’ at
335–3–15–.05, which address the public
notice rule provisions for the NSR
program, state effective December June
9, 2017; Georgia Rule 391–3–1-.02(7),
Prevention of Significant Deterioration
of Air Quality, which addresses the
public notice rule provisions for the
NSR program, state effective July 20,
2017; and South Carolina Regulation
61–62.5, Standard No. 7, ‘‘Prevention of
Significant Deterioration,’’ which
address the public notice rule
provisions for the NSR program, state
effective August 25, 2017.1 EPA has
1 EPA is taking this opportunity to make
administrative corrections to the entries in the
‘‘Explanation’’ columns in 40 CFR 52.50(c) for
Alabama Rule 335–3–14–.04; 40 CFR 52.570(c) for
Georgia Rule 391–3–1–.02(7); and 40 CFR
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]]>Agencies
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64282-64285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27049]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0490; FRL-9987-81-Region 3]
Air Plan Approval; Maryland; Continuous Opacity Monitoring
Requirements for Municipal Waste Combustors and Cement Plants
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
(SIP Revision 16-04). This revision pertains to clarifying continuous
opacity monitoring requirements and visible emission standards for
municipal waste combustors (MWCs) and Portland cement plants. This
action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on January 14, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0490. All documents in the docket are listed on
the https://www.regulations.gov website. 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: Maria A. Pino, (215) 814-2181, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 23, 2018 (83 FR 42624), EPA published a notice of
proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA
proposed approval of a revision to Maryland's SIP to clarify visible
emissions (VE) and continuous opacity monitor (COM) requirements for
MWCs and Portland cement plants. The formal SIP revision (SIP Revision
16-04) was submitted by Maryland on May 10, 2016. On February 28, 2018,
the Maryland Department of the Environment (MDE) Secretary Ben Grumbles
submitted a clarification letter to EPA Regional Administrator Cosmo
Servidio, withdrawing definitions for continuous burning and operating
time, COMAR 26.11.01.01B(8-1) and (27-1), respectively, from SIP
Revision 16-04. These definitions are no longer part of SIP Revision
16-04 and are not pending before EPA.
II. Summary of SIP Revision and EPA Analysis
The SIP revision consisted of revisions to COMAR 26.11.01.10,
Continuous Opacity Monitoring Requirements. Under COMAR 26.11.01.10A,
Applicability and Exceptions, MDE added a new section, COMAR
26.11.01.10A(6), regarding requirements for alternative visible
emissions limits. Under COMAR 26.11.01.10B, General Requirements for
COMs, MDE amended COMAR 26.11.01.10B(3) to clarify that a COM must
comply with the applicable requirements in 40 CFR part 51, appendix P
in its entirety. Also under COMAR 26.11.01.10B, MDE added new sections
COMAR 26.11.01.10B(5) and 26.11.01.10B(6) to clarify COM requirements
for the owners and operators of cement kilns and clinker coolers that
are operating COMs and the owners and operators of MWCs that are
required to install and operate COMs, respectively. MDE repealed
26.11.01.10F, regarding redundant COMs requirements for fuel burning
equipment, and is requesting its removal from the SIP. Finally, MDE
amended COMAR 26.11.08, Control of Incinerators, to add a new section D
to regulation .04, Visible Emissions.
EPA evaluated these amendments and found that they help to clarify
requirements for COMs. Therefore, they are approvable. Other specific
requirements of Maryland's SIP Revision 16-04 and the rationale for
EPA's proposed action are explained in the NPRM and will not be
restated here.
III. Summary of Public Comments and EPA Responses
On September 1, 2018, EPA received adverse comments from one
anonymous commenter.
Comment: The commenter observed that in the docket for this
rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at https://www.regulations.gov, Maryland's February 28, 2018 withdrawal letter
looked incomplete.
EPA Response: Upon receipt of the comment, EPA checked and
confirmed that the second page of the letter was inadvertently excluded
from the docket. EPA notes that the substance of the letter was
contained in the first page of the letter, which was included in the
docket. The first page explained that Maryland was withdrawing the
definitions of continuous burning and operating time from EPA's
consideration as SIP revisions.
``The purpose of this letter is to request a clarification to
the Maryland SIP Rev #16-04, to withdraw two definitions under COMAR
26.11.01.01 Definitions from EPA's consideration. Please remove the
following two definitions from EPA's consideration for inclusion
into Maryland's SIP as part of SIP Rev #16-04:
COMAR 26.11.01.01.8:
1. (8-1) Continuous Burning
2. (27-1) Operating Time''
The omitted second page contained only the following closing
language:
``. . . SIP submittal (enclosed) is an exact duplicate of the
official hard copy. If you have any questions concerning this SIP
action, please feel free to call me at (41 0) 537-3084 or Mr. George
(Tad) S. Aburn, Jr., Director of the Air and Radiation
Administration, at 410-537-3255.
Sincerely, Ben Grumbles, Secretary.
Enclosure
cc: Mr. George (Tad) S. Aburn Jr., Director, Air and Radiation
Administration; Ms. Cristina Fernandez, Director, Air Protection
Division, EPA Region Ill''
Although all the relevant substantive information was contained in
the first page of the letter, which was include in the docket, EPA
rectified the omission as quickly as possible. EPA posted Maryland's
complete two-page letter, dated February 28, 2018, to Docket ID No.
EPA-R03-OAR-2018-0490, at https://www.regulations.gov, on September 4,
2018. The public comment period ran from August 23, 2018 until
September 24, 2018.
Comment: The commenter also stated that EPA's NPRM was hard to
understand, writing, ``I can't follow which COMAR applies to what COMAR
because of what redundancies, changes, or what have you.''
EPA Response: There were numerous changes discussed in EPA's August
23, 2018 NPRM, which readers may find hard to follow. However, in
section II of the NPRM, Summary of SIP Revision and EPA Analysis, EPA
set out a section by section accounting of the proposed changes to
Maryland's SIP. In addition, in Docket ID No. EPA-R03-OAR-2018-0490, at
https://www.regulations.gov, there are numerous documents that are part
of Maryland's SIP Revision
[[Page 64283]]
submittal, which help to clarify the exact COMAR changes. These
documents include the following attachments to document number EPA-R03-
OAR-2018-0490-0002, which is Maryland's SIP revision submittal letter.
------------------------------------------------------------------------
Document number/title Explanation
------------------------------------------------------------------------
3a-original COMAR eff VE Incinerator Current Effective COMAR text
SIP 16-04. per MDE as of last action
final effective 2/15/16; COMAR
26.11.08--Control of
Incinerators--.04 ONLY.
3a-updated COMAR eff text with notes Current Effective COMAR text,
SIP 16-04 Rev_02092018. as approved after SIP 15-05
including SIP 15-04 with MDE
notes; MDE proposed
clarification to SIP
16[hyphen]04 on 02/09/2018.
3b-updated COMAR eff text SIP 16-04 Current Effective COMAR text,
Rev_02092018clean. as approved after SIP 15-05
including SIP 15-04 with MDE
proposed SIP Rev #16-04
clarification on 02/09/2018.
3b-original COMAR eff text 26.11.01_.10 Current Effective COMAR text
SIP16-04_042816. per MDE as of last action
final effective 2/15/16; COMAR
26.11.01.01 & .10.
4a-original Notice of Final Maryland Register, volume 43,
Action_02052016.docx. issue 3, Friday, February 5,
2016, notice of final action.
4b-Updated Notice of Final Action, Maryland register, volume 43,
definitions withdrawn. issue 3, Friday, February 5,
2016, notice of final action,
with references to withdrawn
definitions for continuous
burning and operating time,
COMAR 26.11.01.01B(8-1) and
(27-1), removed.
5a-original Notice of Proposed Maryland Register, volume 42,
Action_11.13.15. issue 23, Friday, November 13,
2015, notice of proposed
action.
5b-Updated Notice of Proposed Action, Maryland register, volume 42,
Definitions withdrawn. issue 23, Friday, November 13,
2015, notice of proposed
action with withdrawn
definitions for continuous
burning and operating time,
COMAR 26.11.01.01B(8-1) and
(27-1), removed.
------------------------------------------------------------------------
These regulatory changes are also described in the amendments to 40
CFR part 52 set forth in this final rulemaking action.
IV. Final Action
EPA is approving Maryland's May 10, 2016 SIP Revision 16-04, except
for the definitions of continuous burning and operating time that MDE
withdrew from SIP Revision 16-04 on February 28, 2018, as a revision to
the Maryland SIP. These revisions consist of amendments to Regulation
.10 under COMAR 26.11.01, General and Administrative Provisions, and
Regulation .04 under COMAR 26.11.08, Control of Incinerators, in
Maryland's SIP Revision 16-04, related to COMs and VE requirements for
cement plants and MWCs.
V. Incorporation by Reference
In this document, 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 MDE's
amendments to Regulation .10 under COMAR 26.11.01, General and
Administrative Provisions, and Regulation .04 under COMAR 26.11.08,
Control of Incinerators, contained in SIP Revision 16-04. As described
previously, the amendments to COMAR 26.11.01.10, Continuous Opacity
Monitoring Requirements, are as follows: (1) Add a new section 6 to
COMAR 26.11.01.10A, Applicability and Exceptions; (2) amend section 3
under COMAR 26.11.01.10B, General Requirements for COMs; (3) add new
sections 5 and 6 under COMAR 26.11.01.10B; and (4) remove COMAR
26.11.01.10F, which has been repealed by the State. The amendment to
COMAR 26.11.08, Control of Incinerators, consists of an addition of a
new section D to Regulation .04, Visible Emissions. These regulatory
changes are described in the amendments to 40 CFR part 52 set forth in
this final rulemaking action. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and 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 in the next update to
the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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);
[[Page 64284]]
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 February 12, 2019. 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 Maryland SIP Revision 16-04, COMs
requirements for MWCs and Cement Plants, 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, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: November 30, 2018.
Cosmo Servidio,
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 ``26.11.01.10'' and ``10.18.08/26.11.08.04'' to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional
Code of Maryland Administrative Title/subject effective EPA approval date explanation/citation
Regulations (COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.01.10...................... Continuous Opacity 2/15/2016 12/14/2018, [insert 1. Add new
Monitoring Federal Register subsections A(6),
Requirements. citation]. B(5) and B(6).
2. Revise subsection
B(3).
3. Remove subsection
F.
Previous approval 3/
28/2018 (83 FR
13193).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08 Control of Incinerators
* * * * * * *
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.04............. Visible Emissions... 2/15/2016 12/14/2018, [insert Add new subsection
Federal Register D. Previous
citation]. approval 8/1/2007
(72 FR 41891).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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[[Page 64285]]
* * * * *
[FR Doc. 2018-27049 Filed 12-13-18; 8:45 am]
BILLING CODE 6560-50-P
