22290 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R03–OAR–2016–0042; FRL–9961–38– 
Region 3] 
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Revisions and Amendments to Regulations for Continuous Opacity Monitoring, Continuous Emissions Monitoring, and Quality Assurance Requirements for Continuous Opacity Monitors; Correction 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule; correcting 
amendment. 
SUMMARY : This document corrects an 
omission in the rule language of a final rule pertaining to changes and amendments to Maryland regulations for continuous opacity monitoring (COM or COMs) and continuous emissions monitoring (CEM or CEMs) and to an amendment adding requirements for quality assurance and quality control as they pertain to COMs. EPA approved these revisions to the COMs and CEMs requirements in accordance with the requirements of the Clean Air Act (CAA). 
DATES : This document is effective on 
May 15, 2017. 
FOR FURTHER INFORMATION CONTACT : 
Marilyn Powers, (215) 814–2308 or by 
email at powers.marilyn@.epa.gov. 
SUPPLEMENTARY INFORMATION : On 
November 7, 2016, (81 FR 78048), EPA published a final rulemaking action approving revisions and amendments to Maryland regulations for COMs, CEMs, and quality assurance requirements for COMs. 
In the ‘‘Identification of Plan’’ table 
on page 78052 of the rulemaking action published on November 7, 2016, we added only the title for Maryland regulation COMAR 26.11.31 ‘‘Quality Assurance Requirements for Opacity Monitors (COMs)’’ to 40 CFR 52.1070(c) and inadvertently omitted approved sections COMAR 26.11.31.01 through .12. The intent of the approved rulemaking was to incorporate the entire COMAR 26.11.31 regulation into the Maryland SIP. The revised rule language in this correcting rulemaking action is now adding the omitted language for each section of COMAR 26.11.31 in the Code of Federal Regulations (CFR). These sections were part of the original approval and are to be included in the CFR through this correction. 
Section 553 of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good 
cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this rule final without prior proposal and opportunity for comment because we are merely correcting an inadvertent, incorrect citation in a previous action which fully discussed the regulation added to the Maryland SIP and provided a proposal and opportunity for comment. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). 
Statutory and Executive Order Reviews 
Under Executive Order (E.O.) 12866 
(58 FR 51735, October 4, 1993), this 
action is not a ‘‘significant regulatory action’’ and is therefore 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)). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. 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 governments, as specified by 
Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does 
not involve technical standards; thus 
the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of May 15, 2017. 
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 correction of the rule language in 40 CFR 52.1070(c) pertaining to changes and amendments to Maryland regulations for COMs and CEMs is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 
VerDate Sep<11>2014 15:54 May 12, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1sradovich on DSK3GMQ082PROD with RULES22291 Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Rules and Regulations 
Dated: March 24, 2017. 
Cecil Rodrigues, 
Acting Regional Administrator, EPA 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 adding under heading ‘‘26.11.30 Policies and Procedures 
Relating to Maryland’s NO XReduction 
and Trading Program’’ entries ‘‘26.11.31.01 through 26.11.31.12’’ in numerical order to read as follows: 
§ 52.1070 Identification of plan. 
* * * * * 
(c) * * * 
EPA-A PPROVED REGULATIONS , TECHNICAL MEMORANDA , ANDSTATUTES IN THE MARYLAND SIP 
Code of Maryland 
Administrative 
Regulations 
(COMAR) citation Title/subject State 
effective 
date EPA approval date Additional 
explanation/ 
citation at 40 
CFR 52.1100 
*******  
26.11.30 Policies and Procedures Relating to Maryland’s NO XReduction and Trading Program 
*******  
26.11.31.01 ....................... Scope .......................................................................... 6/13/2011 11/7 /2016 81 FR 78048.
26.11.31.02 ....................... Applicability ................................................................. 6/13/2011 11/7/ 2016 81 FR 78048.
26.11.31.03 ....................... Incorporation by Reference ........................................ 6/13/2011 11/7/2016 81 FR 7 8048.
26.11.31.04 ....................... Definitions ................................................................... 6/13/2011 11/7/ 2016 81 FR 78048.
26.11.31.05 ....................... Principle ...................................................................... 6/13/2011 11/7 /2016 81 FR 78048.
26.11.31.06 ....................... Quality Control Requirements .................................... 6/13/2011 11/7/2016 81 FR 780 48.
26.11.31.07 ....................... Opacity Calibration Drift Assessment ......................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.08 ....................... Audit Frequency ......................................................... 6/13/2011 11/7/2016 81 FR 78048.26.11.31.09 ....................... Performance Audit ...................................................... 6/13/2011 11/7/2016 81 FR 78048.26.11.31.10 ....................... Calibration Error Methods .......................................... 6/13/2011 11/7/2016 81 FR 78048.
26.11.31.11 ....................... Zero Alignment Audit .................................................. 6/13/2011 11/7/2016 81 FR 78048.26.11.31.12 ....................... Corrective Actions ...................................................... 6/13/2011 11/7/2016 81 FR 78048.
*******  
* * * * * 
[FR Doc. 2017–09492 Filed 5–12–17; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R06–OAR–2017–0054; FRL–9960–15– 
Region 6] 
Approval and Promulgation of Implementation Plans; Texas; Clean Air Act Requirements for Vehicle Inspection and Maintenance, Nonattainment New Source Review and Emission Statements 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Direct final rule. 
SUMMARY : Pursuant to the Federal Clean 
Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving a State Implementation 
Plan (SIP) revision submitted by the State of Texas for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The SIP revision being approved describes how CAA requirements for vehicle inspection and maintenance (I/M), nonattainment new source review (NNSR) and emission statements are met in the Houston- Galveston-Brazoria ozone nonattainment area (HGB area) for the 2008 ozone NAAQS. EPA is also making a ministerial correction to the Code of Federal Regulations (CFR) to accurately reflect approved SIP revisions that pertain to Texas I/M provisions. 
DATES : This rule is effective on July 14, 
2017 without further notice, unless the EPA receives relevant adverse comment by June 14, 2017. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this 
rule will not take effect. 
ADDRESSES : Submit your comments, 
identified by Docket No. EPA–R06– OAR–2017–0054, at http://www.regulations.gov or via email to 
young.carl@epa.gov. Follow the online 
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 additional submission methods, please contact Carl Young, 214–665–6645, young.carl@epa.gov. For the full EPA 
public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http:// 
www2.epa.gov/dockets/commenting- 
epa-dockets. 
Docket: The index to the docket for 
this action is available electronically at www.regulations.gov and in hard copy 
at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
VerDate Sep<11>2014 16:27 May 12, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1sradovich on DSK3GMQ082PROD with RULES