[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59486-59488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20654]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0054; FRL-9951-22-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Emissions From Various Processes and Fuel-Burning
Equipment From Kraft Pulp Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is granting
conditional approval of a state implementation plan (SIP) revision
submitted by the Maryland Department of the Environment (MDE). The
revisions adds and amends regulations in the SIP which control
emissions from various processes and fuel-burning equipment at Kraft
pulp mills. The SIP revision includes the following: a new definition
for ``NOX Ozone Season Allowance;'' a new regulation with
nitrogen oxides (NOX) limits for fuel-burning equipment
located at Kraft pulp mills; a removal and relocation of existing
NOX reasonably available control technology (RACT)
requirements for Kraft pulp mills into another Maryland regulation; and
a revised regulation which clarifies the volatile organic compound
(VOC) control system and emission requirements for several process
installations at Kraft pulp mills. EPA is granting conditional approval
because the new Maryland definition references the defunct Clean Air
Interstate Rule (CAIR) and because MDE provided a commitment to remove
all references to CAIR within the definition of ``NOX Ozone
Season Allowance'' and submit a revised definition as a new SIP
revision, no later than a year from EPA finalizing this conditional
approval. Upon timely meeting of this commitment, EPA will propose to
convert the conditional approval of the SIP revision to a final, full
approval. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on September 29, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2016-0054. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as
[[Page 59487]]
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 http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814 2036, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 20, 2016 (81 FR 31887), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to
grant conditional approval of revisions to regulations in Maryland's
SIP which control emissions from various processes and fuel-burning
equipment at Kraft pulp mills. The formal SIP revision (14-04) was
submitted by MDE on October 15, 2014.
II. Summary of SIP Revision
MDE's SIP revision adds and amends regulations in order to control
emissions from various processes and fuel-burning equipment at Kraft
pulp mills. The SIP revision adds a definition for ``NOX
Ozone Season Allowance'' and establishes applicability, compliance
requirements, monitoring and reporting requirements, allowances, and
NOX emission standards and limits for Kraft pulp mills. The
SIP revision also removes subsection (C)(h) of the Code of Maryland
Regulations (COMAR) 26.11.09.08 from the Maryland SIP because the
NOX requirements for pulp mills have been relocated to COMAR
26.11.14.07. The SIP revision clarifies the VOC control system and
requirements for several process installations at Kraft pulp mills.
Other specific requirements of the SIP revision and the rationale
for EPA's action to grant conditional approval are explained in the NPR
and will not be restated here. No public comments were received on the
NPR.
III. Final Action
EPA is granting conditional approval of Maryland's October 15, 2014
SIP revision concerning the regulations and requirements to control
NOX and VOC emissions from various processes and fuel-
burning equipment at Kraft pulp mills as it strengthens the SIP with
provisions related to controlling emissions of NOX and VOC.
The conditional approval is contingent upon MDE's September 29, 2015
commitment to remove references to the now defunct CAIR CAA allowance
trading program within the definition of ``NOX Ozone Season
Allowance,'' at COMAR 26.11.01.01 and replace with another allowance
mechanism. Once EPA has determined that MDE has satisfied this
condition and EPA approves the revised definition, EPA shall remove the
conditional nature of its approval and this SIP revision will at that
time receive full approval status.
IV. Incorporation by Reference
In this rule, with our conditional approval, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is finalizing, with our
conditional approval, the incorporation by reference of revisions to
COMAR 26.11.01.01, COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR
26.11.14.06. Therefore, these materials have been conditionally
approved by EPA for inclusion in the SIP, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ EPA has made, and will continue to make, these
materials generally available through http://www.regulations.gov and/or
at the EPA Region III Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 59488]]
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 31, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
This action pertaining to the regulations and requirements for the
control of emissions from various processes and fuel-burning equipment
from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: August 12, 2016.
Shawn M. Garvin,
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, paragraph (c) table is amended by revising the
entries for ``26.11.01.01'', ``26.11.09.08'', ``26.11.14.06'', and
adding in numerical order the entry for ``26.11.14.07''to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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State Additional explanation/
Code of Maryland Administrative Title/subject effective EPA Approval date citation at 40 CFR
Regulations (COMAR) citation date 52.1100
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26.11.01 General Administrative Provisions
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26.11.01.01..................... Definitions........ 03/03/14 08/30/16........... Revised definition of
``NOX Ozone Season
Allowance'' and
Conditional Approval
of definition of ``NOX
Ozone Season
Allowance''.
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26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
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26.11.09.08..................... Control of NOX 03/03/14 08/30/16 [Insert Removed and relocated
Emissions for Federal Register existing NOX RACT
Major Stationary citation]. requirements under
Sources. COMAR 26.11.14.07.
Conditional Approval.
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26.11.14 Control of Emissions From Kraft Pulp Mills
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26.11.14.06..................... Control of Volatile 03/03/14 08/30/16 [Insert Amended to clarify
Organic Compounds. Federal Register volatile organic
citation]. compound (VOC) control
system and
requirements at Kraft
pulp mills.
Conditional Approval.
26.11.14.07..................... Control of NOX 03/03/14 08/30/16 [Insert Regulation Added.
Emissions from Federal Register Conditional Approval.
Fuel Burning citation].
Equipment.
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[FR Doc. 2016-20654 Filed 8-29-16; 8:45 am]
BILLING CODE 6560-50-P