Air Plan Approval; Maryland; Update to Materials Incorporated by Reference, 36823-36827 [2019-15655]
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Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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).
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 September 30, 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 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, Nitrogen oxides,
Ozone, Volatile organic compounds.
Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5
40 CFR part 52 is amended as follows:
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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.
§ 52.1870
[Amended]
2. In § 52.1870, the table in paragraph
(c) is amended by removing the heading
■
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‘‘Chapter 3745–75 Infectious Waste
Incinerator Limitations’’ and the entries
for 3745–75–01 through 3745–75–06.
[FR Doc. 2019–16080 Filed 7–29–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[MD 205–3121; FRL–9992–15–Region 3]
Air Plan Approval; Maryland; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Maryland state implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by the Maryland Department
of the Environment (MD DOE) and
approved by EPA. This update affects
the SIP materials that are available for
inspection at the EPA Regional Office.
DATES: This action is effective July 30,
2019.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section for information about
the availability of this material at EPA.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, Office of Air Program
Planning (3AP30), Air Protection
Division, U.S. Environmental Protection
Agency, Region 3, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–3376.
Ms. McCauley can also be reached via
electronic mail at mccauley.sharon@
epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
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36823
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the Federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format is
discussed in further detail in the May
22, 1997 Federal Register document.
On November 29, 2004 (69 FR 69304),
EPA published a document in the
Federal Register beginning the new IBR
procedure for Maryland. On February 2,
2006 (71 FR 5607), May 18, 2007 (72 FR
27957), March 11, 2008 (73 FR 12895),
March 19, 2009 (74 FR 11647), August
22, 2011 (76 FR 52278), and May 30,
2017 (82 FR 24549) EPA published
updates to the IBR material for
Maryland.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
regulations, statutes, and source-specific
actions for Maryland:
A. Added Regulations
1. Code of Maryland Administrative
Regulations (COMAR) citation 26.11.01,
General Administrative Provisions,
26.11.01.11, Continuous Emissions
Monitoring.
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2. COMAR citation 26.11.14, Control
of Emissions from Kraft Pulp Mills,
26.11.14.07, Control of NOX Emissions
from Fuel Burning Equipment.
3. COMAR citation 26.11.19, Volatile
Organic Compounds from Specific
Processes, 26.11.19.26.1, Control of
Volatile Organic Compound Emissions
from Fiberglass Boat Manufacturing.
4. COMAR citation 26.11.29, Control
of NOX Emissions from Natural Gas
Pipeline Stations, 26.11.29.01 through
26.11.29.04.
5. COMAR citation 26.11.30, Control
of Portland Cement Manufacturing
Plants, 26.11.30.01 through 26.11.30.08.
6. COMAR citation 26.11.31, Quality
Assurance Requirements for Opacity
Monitors (COMs), 26.11.31.01 through
26.11.31.12.
7. COMAR citation 26.11.38, Control
of Nitrogen Oxide Emissions From CoalFired Electric Generating Units,
26.11.38.01 through 26.11.38.05.
8. COMAR citation 26.11.39,
Architectural and Industrial
Maintenance (AIM) Coatings,
26.11.39.01 through 26.11.39.08.
9. COMAR citation 26.11.40, NOX
Ozone Season Emission Caps for Nontrading Large NOX Units, 26.11.40.01
through 26.11.40.04.
10. In 40 CFR 52.1070(d), EPA
approved State source specific
requirements were added for two
facilities, including; Raven Power Fort
Smallwood LLC—Brandon Shores units
1 and 2, and H.A. Wagner units 1, 2, 3,
and 4; and the National Gypsum
Company (NGC).
B. Revised Regulations
1. COMAR citation 26.11.01, General
Administrative Provisions, 26.11.01.01,
Definitions.
2. COMAR citation 26.11.01, General
Administrative Provisions, 26.11.01.05,
Records and Information.
3. COMAR citation 26.11.01, General
Administrative Provisions, 26.11.01.10,
Continuous Opacity Monitoring.
4. COMAR citation 26.11.02, Permits,
Approvals, and Registration,
26.11.02.07, Procedures for Denying,
Revoking, or Reopening and Revising a
Permit or Approval.
5. COMAR citation 26.11.02, Permits,
Approvals, and Registration,
26.11.02.11, Procedures for Obtaining
Permits to Construct Certain Significant
Sources.
6. COMAR citation 26.11.02, Permits,
Approvals, and Registration,
26.11.02.12, Procedures for Obtaining
Approvals of PSD Sources and NSR
Sources, Certain Permits to Construct,
Case-by-Case MACT Determinations in
Accordance with 40 CFR part 63,
subpart B.
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7. COMAR citation 26.11.09, Control
of Fuel Burning Equipment and
Stationary Internal Combustion Engines,
and Certain Fuel-Burning Installations,
26.11.09.08, Control of NOX Emissions
for Major Stationary Sources.
8. COMAR citation 26.11.10, Control
of Iron and Steel Production
Installations, 26.11.10.06, Control of
Volatile Organic Compounds from Iron
and Steel Production Installations.
9. COMAR citation 26.11.14, Control
of Emissions from Kraft Pulp Mills,
26.11.14.06, Control of Volatile Organic
Compounds.
10. COMAR citation 26.11.14, Control
of Emissions from Kraft Pulp Mills,
26.11.14.07, Control of NOX Emission
from Fuel Burning Equipment.
11. COMAR citation 26.11.19, Volatile
Organic Compounds from Specific
Processes, 26.11.19.26, Control of
Volatile Organic Compound Emissions
from Reinforced Plastic Manufacturing.
C. Removed Regulations
1. COMAR citation 26.11.28, Clean
Air Interstate Rule, 26.11.28.01 through
26.11.28.08.
2. COMAR citation 26.11.29, NOX
Reduction and Trading Program,
26.11.29.01 through 26.11.29.15.
3. COMAR citation 26.11.30, Policies
and Procedures Relating to Maryland’s
NOX Reduction and Trading Program,
26.11.30.01 through 26.11.30.09.
4. COMAR citation 26.11.33,
Architectural Coatings, 26.11.33.01
through 26.11.33.14.
5. In 40 CFR 52.1070(d), EPA
approved the removal of state source
specific requirements for one facility;
Constellation Power Source Generation,
Inc. Brandon Shores Units #1 & 2; Gould
Street Unit #3; H.A. Wagner Units #1, 2,
3 & 4; C.P. Crane Units #1 & 3; and
Riverside Unit #4.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of
December 26, 2018 for the State of
Maryland, revising text within 40 CFR
52.1070(b), and, also correcting entries
for previously approved text within 40
CFR 52.1070(c) and (e). Also, within
this IBR action, EPA is making editorial
changes to the format of the table in
paragraph (c) for clarity.
III. Good Cause Exemption
EPA has determined that this rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
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make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
state programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect table entries.
IV. 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 previously EPA
approved regulations promulgated by
the State of Maryland and Federally
effective prior to December 26 2018.
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).
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act (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
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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.
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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 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 rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial
review are not applicable to this action.
Prior EPA rulemaking actions for each
individual component of the Maryland
SIP compilations had previously
afforded interested parties the
opportunity to file a petition for judicial
review in the United States Court of
Appeals for the appropriate circuit
within 60 days of such rulemaking
action. Thus, EPA sees no need in this
action to reopen the 60-day period for
filing such petitions for judicial review
for this ‘‘Identification of plan’’ update
action for Maryland.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 29, 2019.
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. Section 52.1070 is amended by:
a. Revising paragraph (b);
b. In the table in paragraph (c):
i. Revising the column headings;
ii. Adding a centered heading before
the center heading ‘‘26.11.01 General
Administrative Provisions’’;
■ iii. Revising the entries for
‘‘26.11.01.05’’, ‘‘26.11.01.11’’,
‘‘26.11.09.08’’, ‘‘26.11.10.06’’,
‘‘26.11.14.06’’, ‘‘26.11.19.08’’,
‘‘26.11.19.26’’, and ‘‘26.11.19.26–1’’.
■ iv. Removing the entry for ‘‘26.11.31’’;
■ v. Adding a centered heading under
the entry for ‘‘26.11.30.08’’;
■ vi. Removing the row under the entry
for ‘‘TM91–01 [Except Methods 1004A
through E]’’; and
■
■
■
■
■
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36825
vii. Adding a centered heading under
the entry for ‘‘TM91–01 [Except
Methods 1004A through E]’’; and
■ c. In the table in paragraph (e),
revising the second entry for ‘‘2011 Base
Year Emissions Inventory for the 2008
8-Hour Ozone National Ambient Air
Quality Standard’’ and the entry for
‘‘Regional Haze Five-Year Progress
Report.’’
The revisions and additions read as
follows:
■
§ 52.1070
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to December 26, 2018, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after December 26, 2018
for the State of Maryland, have been
approved by EPA for inclusion in the
State implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
following materials provided by EPA at
the addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
as part of the State implementation plan
as of the dates referenced in paragraph
(b)(1) of this section.
(3) Copies of the materials
incorporated by reference into the State
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to December
26, 2018 for the State of Maryland at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(c) * * *
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EPA–APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Citation
State
effective
date
Title/subject
Additional explanation/
citation at
40 CFR 52.1100
EPA approval date
Code of Maryland Administrative Regulations (COMAR)
26.11.01
General Administrative Provisions
*
26.11.01.05 ....................
*
*
Records and Information.
5/17/2010
*
*
11/7/2016, 81 FR 78048
*
26.11.01.11 ....................
*
*
Continuous Emissions
Monitoring.
8/22/2010
*
*
11/7/2016, 81 FR 78048.
*
26.11.09
*
*
*
*
*
(c)(172) Administrative changes to reporting and
recordkeeping requirements.
*
*
*
*
*
Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
*
26.11.09.08 ....................
*
*
Control of NOX Emissions for Major Stationary Sources.
7/20/2015
*
*
3/28/2018, 83 FR 13192
*
*
1. Revise H, H(1) and H(3), remove H(2), and
recodify H(4) to H(3).
2. Revise I and remove I(3) and I(4). Previous
approval (8/30/2016).
*
*
*
26.11.10
*
26.11.10.06 ....................
*
*
5/9/2016
*
*
Control of Volatile Organic Compounds.
*
*
*
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*
*
Metal Parts and Products Coating.
*
26.11.19.26 ....................
*
*
Control of Volatile Organic Compound
Emissions from Reinforced Plastic Manufacturing.
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*
*
Removed reference to TM 90–01 from C(3)(b)
and added reference to COMAR 26.11.01.11.
*
*
*
3/3/2014
*
*
7/17/2017, 82 FR 32641
*
*
*
Amended to clarify volative organic compound
(VOC) control system and requirements at
Kraft pulp mills (8/30/2016).
*
*
*
Volatile Organic Compounds from Specific Processes
*
26.11.19.08 ....................
16:49 Jul 29, 2019
*
Control of Emissions from Kraft Pulp Mills
*
26.11.19
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*
*
7/28/2017, 82 FR 35104
*
26.11.14
*
26.11.14.06 ....................
*
Control of Iron and Steel Production Installations
*
*
Control of Volatile Organic Compounds
from Iron and Steel
Production Installations.
*
*
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9/28/2015
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*
*
10/1/2015, 80 FR 59056
*
*
Amends section title. Adds definitions.
Section 26.11.19.08(B), Emission Standards, removed.
Section 26.11.19.08(B), Incorporation by Reference, added.
Section 26.11.19.08(C), Applicability and Exemptions, added.
Section 26.11.19.08(D), Emission Standards,
added.
*
12/23/2016, 81 FR
94259.
*
Amendment to .26A.
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EPA–APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
State
effective
date
Citation
Title/subject
26.11.19.26–1 ................
Control of Volatile Organic Compound
Emissions from Fiberglass Boat Manufacturing.
*
*
12/23/2016, 81 FR
94259.
*
26.11.31
*
9/28/2015
Additional explanation/
citation at
40 CFR 52.1100
EPA approval date
*
New Regulation.
*
*
*
*
*
*
*
*
*
Quality Assurance Requirements for Opacity Monitors (COMs)
*
*
*
Annotated Code of Maryland
*
*
*
*
*
*
*
*
(e) * * *
Name of nonregulatory SIP
revision
Applicable
geographic area
*
*
2011 Base Year Emissions Inventory for the 2008 8-Hour
Ozone National Ambient Air
Quality Standard.
*
Baltimore, Maryland 2008 Ozone
Moderate Nonattainment Area.
*
*
Regional
Haze
Progress Report.
*
Statewide .....................................
*
*
Five-Year
*
*
[FR Doc. 2019–15655 Filed 7–29–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1998–0006; FRL–9997–
20–Region 2]
National Oil and Hazardous Substance
Pollution Contingency Plan National
Priorities List: Deletion of the Peter
Cooper Superfund Site
U.S. Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA), Region 2, is publishing a
direct final notice of deletion of the
Peter Cooper Superfund Site (Site)
located in the Village of Gowanda,
SUMMARY:
VerDate Sep<11>2014
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State
submittal
date
*
Editorial Note: This document was
received for publication by the Office of the
Federal Register on July 18, 2019.
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*
Jkt 247001
EPA approval date
12/30/2016
8/9/2017
*
*
*
8/9/2018, 83 FR 39365 ...............
*
*
11/26/2018, 83 FR 60363.
*
Cattaraugus County, New York from the
National Priorities List (NPL). The NPL,
promulgated pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980, as amended (CERCLA),,
which is the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by the
EPA with the concurrence of the State
of New York, through the Department of
Environmental Conservation (NYSDEC),
because the EPA has determined that all
appropriate response under CERCLA,
other than operation and maintenance,
monitoring, and five-year reviews, have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: This direct final deletion will be
effective September 30, 2019 unless the
EPA receives adverse comments by
August 29, 2019. If adverse comments
are received, the EPA will publish a
timely withdrawal of the direct final
deletion in the Federal Register
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Additional explanation
*
*
See § 52.1075(r).
*
*
informing the public that the deletion
will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1998–0006, by one of the
following methods:
• https://www.regulations.gov.
Follow on-line instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. 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
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36823-36827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15655]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD 205-3121; FRL-9992-15-Region 3]
Air Plan Approval; Maryland; Update to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Maryland
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by the Maryland Department of the
Environment (MD DOE) and approved by EPA. This update affects the SIP
materials that are available for inspection at the EPA Regional Office.
DATES: This action is effective July 30, 2019.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. EPA requests that you email
the contact listed in the FOR FURTHER INFORMATION CONTACT section for
information about the availability of this material at EPA.
FOR FURTHER INFORMATION CONTACT: Sharon McCauley, Office of Air Program
Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-3376. Ms.
McCauley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the Federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format is
discussed in further detail in the May 22, 1997 Federal Register
document.
On November 29, 2004 (69 FR 69304), EPA published a document in the
Federal Register beginning the new IBR procedure for Maryland. On
February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11,
2008 (73 FR 12895), March 19, 2009 (74 FR 11647), August 22, 2011 (76
FR 52278), and May 30, 2017 (82 FR 24549) EPA published updates to the
IBR material for Maryland.
Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following regulations, statutes,
and source-specific actions for Maryland:
A. Added Regulations
1. Code of Maryland Administrative Regulations (COMAR) citation
26.11.01, General Administrative Provisions, 26.11.01.11, Continuous
Emissions Monitoring.
[[Page 36824]]
2. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, 26.11.14.07, Control of NOX Emissions from Fuel
Burning Equipment.
3. COMAR citation 26.11.19, Volatile Organic Compounds from
Specific Processes, 26.11.19.26.1, Control of Volatile Organic Compound
Emissions from Fiberglass Boat Manufacturing.
4. COMAR citation 26.11.29, Control of NOX Emissions
from Natural Gas Pipeline Stations, 26.11.29.01 through 26.11.29.04.
5. COMAR citation 26.11.30, Control of Portland Cement
Manufacturing Plants, 26.11.30.01 through 26.11.30.08.
6. COMAR citation 26.11.31, Quality Assurance Requirements for
Opacity Monitors (COMs), 26.11.31.01 through 26.11.31.12.
7. COMAR citation 26.11.38, Control of Nitrogen Oxide Emissions
From Coal-Fired Electric Generating Units, 26.11.38.01 through
26.11.38.05.
8. COMAR citation 26.11.39, Architectural and Industrial
Maintenance (AIM) Coatings, 26.11.39.01 through 26.11.39.08.
9. COMAR citation 26.11.40, NOX Ozone Season Emission
Caps for Non-trading Large NOX Units, 26.11.40.01 through
26.11.40.04.
10. In 40 CFR 52.1070(d), EPA approved State source specific
requirements were added for two facilities, including; Raven Power Fort
Smallwood LLC--Brandon Shores units 1 and 2, and H.A. Wagner units 1,
2, 3, and 4; and the National Gypsum Company (NGC).
B. Revised Regulations
1. COMAR citation 26.11.01, General Administrative Provisions,
26.11.01.01, Definitions.
2. COMAR citation 26.11.01, General Administrative Provisions,
26.11.01.05, Records and Information.
3. COMAR citation 26.11.01, General Administrative Provisions,
26.11.01.10, Continuous Opacity Monitoring.
4. COMAR citation 26.11.02, Permits, Approvals, and Registration,
26.11.02.07, Procedures for Denying, Revoking, or Reopening and
Revising a Permit or Approval.
5. COMAR citation 26.11.02, Permits, Approvals, and Registration,
26.11.02.11, Procedures for Obtaining Permits to Construct Certain
Significant Sources.
6. COMAR citation 26.11.02, Permits, Approvals, and Registration,
26.11.02.12, Procedures for Obtaining Approvals of PSD Sources and NSR
Sources, Certain Permits to Construct, Case-by-Case MACT Determinations
in Accordance with 40 CFR part 63, subpart B.
7. COMAR citation 26.11.09, Control of Fuel Burning Equipment and
Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations, 26.11.09.08, Control of NOX Emissions for
Major Stationary Sources.
8. COMAR citation 26.11.10, Control of Iron and Steel Production
Installations, 26.11.10.06, Control of Volatile Organic Compounds from
Iron and Steel Production Installations.
9. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, 26.11.14.06, Control of Volatile Organic Compounds.
10. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, 26.11.14.07, Control of NOX Emission from Fuel
Burning Equipment.
11. COMAR citation 26.11.19, Volatile Organic Compounds from
Specific Processes, 26.11.19.26, Control of Volatile Organic Compound
Emissions from Reinforced Plastic Manufacturing.
C. Removed Regulations
1. COMAR citation 26.11.28, Clean Air Interstate Rule, 26.11.28.01
through 26.11.28.08.
2. COMAR citation 26.11.29, NOX Reduction and Trading
Program, 26.11.29.01 through 26.11.29.15.
3. COMAR citation 26.11.30, Policies and Procedures Relating to
Maryland's NOX Reduction and Trading Program, 26.11.30.01
through 26.11.30.09.
4. COMAR citation 26.11.33, Architectural Coatings, 26.11.33.01
through 26.11.33.14.
5. In 40 CFR 52.1070(d), EPA approved the removal of state source
specific requirements for one facility; Constellation Power Source
Generation, Inc. Brandon Shores Units #1 & 2; Gould Street Unit #3;
H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside
Unit #4.
II. EPA Action
In this action, EPA is announcing the update to the IBR material as
of December 26, 2018 for the State of Maryland, revising text within 40
CFR 52.1070(b), and, also correcting entries for previously approved
text within 40 CFR 52.1070(c) and (e). Also, within this IBR action,
EPA is making editorial changes to the format of the table in paragraph
(c) for clarity.
III. Good Cause Exemption
EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in Federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.
IV. 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 previously
EPA approved regulations promulgated by the State of Maryland and
Federally effective prior to December 26 2018. 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).
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act (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
[[Page 36825]]
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 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Maryland SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Maryland.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 29, 2019.
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. Section 52.1070 is amended by:
0
a. Revising paragraph (b);
0
b. In the table in paragraph (c):
0
i. Revising the column headings;
0
ii. Adding a centered heading before the center heading ``26.11.01
General Administrative Provisions'';
0
iii. Revising the entries for ``26.11.01.05'', ``26.11.01.11'',
``26.11.09.08'', ``26.11.10.06'', ``26.11.14.06'', ``26.11.19.08'',
``26.11.19.26'', and ``26.11.19.26-1''.
0
iv. Removing the entry for ``26.11.31'';
0
v. Adding a centered heading under the entry for ``26.11.30.08'';
0
vi. Removing the row under the entry for ``TM91-01 [Except Methods
1004A through E]''; and
0
vii. Adding a centered heading under the entry for ``TM91-01 [Except
Methods 1004A through E]''; and
0
c. In the table in paragraph (e), revising the second entry for ``2011
Base Year Emissions Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard'' and the entry for ``Regional Haze Five-
Year Progress Report.''
The revisions and additions read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
26, 2018, was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after December 26, 2018 for the State of Maryland, have
been approved by EPA for inclusion in the State implementation plan and
for incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
(2) EPA Region III certifies that the following materials provided
by EPA at the addresses in paragraph (b)(3) of this section are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference into the
State implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at (215) 814-3376. You may also inspect the material with an EPA
approval date prior to December 26, 2018 for the State of Maryland at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) * * *
[[Page 36826]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Citation Title/subject effective EPA approval date citation at 40 CFR
date 52.1100
----------------------------------------------------------------------------------------------------------------
Code of Maryland Administrative Regulations (COMAR)
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.01.05..................... Records and 5/17/2010 11/7/2016, 81 FR (c)(172) Administrative
Information. 78048. changes to reporting
and recordkeeping
requirements.
* * * * * * *
26.11.01.11..................... Continuous 8/22/2010 11/7/2016, 81 FR
Emissions 78048.
Monitoring.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.09.08..................... Control of NOX 7/20/2015 3/28/2018, 83 FR 1. Revise H, H(1) and
Emissions for 13192. H(3), remove H(2), and
Major Stationary recodify H(4) to H(3).
Sources.
2. Revise I and remove
I(3) and I(4).
Previous approval (8/
30/2016).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.10.06..................... Control of Volatile 5/9/2016 7/28/2017, 82 FR Removed reference to TM
Organic Compounds 35104. 90-01 from C(3)(b) and
from Iron and added reference to
Steel Production COMAR 26.11.01.11.
Installations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.14 Control of Emissions from Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.14.06..................... Control of Volatile 3/3/2014 7/17/2017, 82 FR Amended to clarify
Organic Compounds. 32641. volative organic
compound (VOC) control
system and
requirements at Kraft
pulp mills (8/30/
2016).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.19.08..................... Metal Parts and 5/26/2014 10/1/2015, 80 FR Amends section title.
Products Coating. 59056. Adds definitions.
Section 26.11.19.08(B),
Emission Standards,
removed.
Section 26.11.19.08(B),
Incorporation by
Reference, added.
Section 26.11.19.08(C),
Applicability and
Exemptions, added.
Section 26.11.19.08(D),
Emission Standards,
added.
* * * * * * *
26.11.19.26..................... Control of Volatile 9/28/2015 12/23/2016, 81 FR Amendment to .26A.
Organic Compound 94259.
Emissions from
Reinforced Plastic
Manufacturing.
[[Page 36827]]
26.11.19.26-1................... Control of Volatile 9/28/2015 12/23/2016, 81 FR New Regulation.
Organic Compound 94259.
Emissions from
Fiberglass Boat
Manufacturing.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.31 Quality Assurance Requirements for Opacity Monitors (COMs)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of non- regulatory SIP Applicable submittal EPA approval date Additional explanation
revision geographic area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2011 Base Year Emissions Baltimore, 12/30/2016 8/9/2018, 83 FR See Sec. 52.1075(r).
Inventory for the 2008 8-Hour Maryland 2008 39365.
Ozone National Ambient Air Ozone Moderate
Quality Standard. Nonattainment
Area.
* * * * * * *
Regional Haze Five-Year Statewide........ 8/9/2017 11/26/2018, 83 FR
Progress Report. 60363.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Editorial Note: This document was received for publication by
the Office of the Federal Register on July 18, 2019.
[FR Doc. 2019-15655 Filed 7-29-19; 8:45 am]
BILLING CODE 6560-50-P
