[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24940-24941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11746]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2017-0484; FRL-9978-56--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Continuous Opacity Monitoring Requirements for Municipal
Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State of Maryland's Clean Air Act
(CAA) sections 111(d) and 129 State Plan for municipal waste combustors
(MWCs). The revision reflects amendments to Code of Maryland
Regulations (COMAR) 26.11.08.08, which update the MWC opacity
compliance provisions. The Maryland Department of the Environment
(MDE)'s revised regulations provide that quality assurance (QA) and
quality control (QC) requirements for continuous opacity monitors
(COMs) are found in COMAR 26.11.31, rather than the now discontinued
Technical Memorandum (TM 90-01). EPA is approving this revision to
Maryland's CAA sections 111(d) and 129 State Plan in accordance with
the requirements of the CAA.
DATES: This rule is effective on July 2, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2017-0484. 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: Emily Linn, (215) 814-5273, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 10, 2016, the State of Maryland submitted a formal revision
(MD Submittal #16-05) to its CAA sections 111(d) and 129 State Plan for
MWCs. The revision contains Maryland's amendments to COMAR 26.11.08.08,
``Requirements for an Existing Large MWC with a Capacity Greater Than
250 Tons Per Day.'' Among other minor changes,\1\ these amendments
update the references for opacity compliance which previously
referenced a discontinued technical memorandum, TM 90-01, that
addressed QA/QC procedures for COMs. COMAR 26.11.08.08 now refers to
COMAR 26.11.31, which contains QA and QC procedures for COMs, similar
to those previously found in the no longer effective TM 90-01.\2\ EPA
is approving this revision to Maryland's 111(d) and 129 State Plan for
MWCs in accordance with the requirements of the CAA for sections 111(d)
and 129 state plans.
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\1\ Other changes made by Maryland to COMAR 26.11.08.08 include
(1) changing the ``Emission Standards for a Large MWC'' to read ``10
percent opacity with COMS,'' rather than ``10 percent opacity with
CEMS,'' and (2) changing the ``Performance and Compliance Test
Requirements'' to include the following statement: ``. . . the
Department may determine compliance and non-compliance with the
visible emission limitations by performing EPA reference Method 9
observations based on a 6 minute block average'' (formerly, it
included the following statement: ``In case of inconsistencies in
data or conflicting data Method 9 results will determine
compliance'').
\2\ EPA previously approved Maryland's State Plan for large MWCs
on April 8, 2008 (see 73 FR 18968). EPA also approved, as a revision
to the Maryland state implementation plan, the regulatory
requirements for QA/QC controls for COMs in COMAR 26.11.31 on
November 7, 2016 (see 81 FR 78048).
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In the same state rulemaking action, MDE also revised the title of
COMAR 26.11.08.07, from ``Requirements for Certain Municipal Waste
Combustors'' to ``Requirements for Municipal Waste Combustors with a
Capacity of 35 tons or greater per day and less than or equal to 250
Tons Per Day,'' to clarify that the state regulation applies to small
MWCs. The text of 26.11.08.07 remains unchanged, and thus the
requirements for MWCs remain unchanged. This clarification to the title
of COMAR 26.11.08.07 is a minor administrative change and is not part
of this action.
On November 6, 2017 (82 FR 51380 and 82 FR 51350), EPA
simultaneously published a notice of proposed rulemaking (NPR) and a
direct final rule (DFR) for the State of Maryland approving revisions
to its CAA sections 111(d) and 129 State Plan for MWCs. EPA received an
adverse comment on the rulemaking and withdrew the DFR prior to the
effective date on December 26, 2017 (82 FR 60872). In this rulemaking,
EPA is responding to the comment submitted on the proposed approval of
the State Plan revisions and is approving the revisions to Maryland's
State Plan for MWCs.
II. State Submittal and EPA Analysis
EPA has reviewed Maryland's submittal to revise its State Plan for
MWCs in the context of the requirements of 40 CFR part 60, subparts Cb
and Eb. In this action, EPA is finalizing its determination that the
submitted revision meets the above-cited requirements. EPA is amending
40 CFR part 62, subpart V (40 CFR 62.5110 and 62.5112), to reflect this
approval.
III. Public Comments and EPA Responses
EPA received one adverse comment on the proposed approval of the
revisions to the State of Maryland's CAA sections 111(d) and 129 State
Plan for MWCs. All other comments received were either supportive of or
not specific to this action and thus are not addressed here.
Comment: The commenter asserts that EPA should not be involved in
matters of the state's choosing. Additionally, the commenter asserts
that if the changes to the plan are largely administrative in nature,
EPA should let the state go without making them spend resources to make
that administrative change.
Response: EPA disagrees with the commenter's assertions. EPA did
not specifically direct Maryland to make these amendments. Instead,
Maryland submitted to EPA this revision to its State Plan for MWCs and
requested that EPA amend the appropriate sections of 40 CFR part 62,
subpart V, to reflect approval of this Plan revision. EPA is required
to act on State Plan revisions submitted by states. In response to the
commenter's assertion, while these changes are largely administrative
in
[[Page 24941]]
nature, they are needed to update Maryland's State Plan for COMs
requirements. EPA is responding to MDE's request and finalizing the
revisions to Maryland's State Plan for MWCs in this action, as they are
consistent with CAA sections 111(d) and 129.
IV. Final Action
In this final action, EPA is amending 40 CFR part 62, subpart V, to
reflect the receipt and approval of the revisions to Maryland's State
Plan for MWCs in accordance with the requirements of the CAA.
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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). This rule also does not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a Federal requirement, and
does not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it
approves a state rule implementing a Federal standard.
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 provides, in part, that Federal agencies shall use
technical standards that are developed or adopted by voluntary
consensus standards bodies. Public Law 104-113 (15 U.S.C. 272 note)
(March 7, 1996). Agencies are not required to use such standards if
doing so would be inconsistent with applicable law or otherwise
impractical. Public Law 104-113 (section 12(d)). EPA is not, in this
action, using technical standards, as contemplated by the National
Technology Transfer and Advancement Act. Rather, EPA is reviewing and
responding to Maryland's Section 111(d)/129 plan submission, and, in
such case, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act. Moreover, in such context, EPA
has no authority to disapprove a Section 111(d)/129 plan submission for
failure to use voluntary consensus standards, and it would be
inconsistent with applicable law for EPA, when it reviews a Section
111(d)/129 plan submission, to require use of such standards in place
of a Section 111(d)/129 plan submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the National Technology Transfer
and Advancement Act does not require, here, the use of voluntary
consensus standards.
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 July 30, 2018. 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's revisions to their 111(d) and
129 State Plan for MWCs may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: May 15, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
For the reasons stated in the preamble, title 40 CFR part 62 is
amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. Section 62.5110 is amended by adding paragraph (c) to read as
follows:
Sec. 62.5110 Identification of plan.
* * * * *
(c) On May 10, 2016, Maryland submitted a revised State Plan and
related COMAR 26.11.08.08 amendments.
0
3. Section 62.5112 is amended by adding paragraph (c) to read as
follows:
Sec. 62.5112 Effective date.
* * * * *
(c) The plan revision is effective July 30, 2018.
[FR Doc. 2018-11746 Filed 5-30-18; 8:45 am]
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