38400 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations 

§ 100.35T01–0457 Special Local 

Regulation; L’HERMIONE Parade, Upper 

New York Bay and Lower Hudson River, 

New York, NY 

(a) Location. The following area is a 

Special Local Regulation: All navigable 

waters, from the Verrazano Bridge North 

to the East side of the Statue of Liberty 

and north to Pier 92 on the Hudson 

River. 

(b) Regulations. (1) The provisions of 

the general regulations for regulated 

navigation areas contained in 33 CFR 

165.11 and 165.13 apply to the parade 

route specified in this Special Local 

Regulation. 

(2) In accordance with the general 

regulations, entry into or movement 

within this zone, during periods of 

enforcement, is prohibited unless 

authorized by the COTP Sector New 

York or a designated representative. 

(3) Persons and vessels may request 

permission to enter the parade route by 

contacting the COTP or one of the 

COTP’s on-scene representatives on 

VHF–16 or via phone at 718–354–4353. 

(4) During periods of enforcement, all 

vessels participating in the parade must 

proceed at five knots or at such speed 

dictated by the event organizers. Vessels 

participating in the parade must display 

a flag that is blue in color and are 

required to be power driven. Sailing 

vessels may hoist sails, but are required 

to be power driven and must maneuver 

as power driven vessels. All vessels 

must have the ability to communicate 

on VHF Frequency channel 8. Vessels 

must keep a distance of 50 yards from 

the L’HERMIONE at all times unless 

authorized by the COTP or a designated 

representative. All vessels not 

participating in the parade but viewing 

the parade must keep a distance of 250 

yards from the parade participants and 

not interfere with marine traffic. Human 

power vessels, such as kayaks and 

canoes will not be considered 

participants in the parade, nor will they 

be allowed to enter the formation of the 

parade. 

(5) Vessels must comply with all 

directions given to them by the COTP or 

one of the COTP’s on-scene 

representatives. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. An on-scene representative may 

be on a Coast Guard vessel, private 

vessel, or may be on shore and 

communicating with vessels via VHF– 

FM radio or loudhailer. Members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(6) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(7) All other relevant regulations, 

including but not limited to the Rules of 

the Road (33 CFR 84—Subchapter E, 

Inland Navigational Rules) remain in 

effect within the regulated area and 

must be strictly followed at all times. 

(c) Enforcement period. This 

regulation is enforceable from 6 a.m. on 

July 4, 2015 until 3 p.m. on July 4, 2015. 

(1) Prior to commencing or 

suspending enforcement of this 

regulation, the COTP will give notice by 

appropriate means to inform the 

affected segments of the public, to 

include dates and times. Such means of 

notification will include constructive 

notice by publication in the Federal 

Register, actual notice, as well as 

Broadcast Notice to Mariners and Local 

Notice to Mariners. 

(2) Violations of this Special Local 

Regulation may be reported to the COTP 

at 718–354–4353 or on VHF-Channel 16. 

Dated: June 8, 2015. 

G. Loebl, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2015–16506 Filed 7–2–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0075; FRL–9929–73– 

Region 5] 

Approval of Air Quality Implementation 

Plans; Sheboygan County, Wisconsin 

8-Hour Ozone Nonattainment Area; 

Reasonable Further Progress Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving an Early 

Progress Plan and motor vehicle 

emissions budgets (MVEBs) for volatile 

organic compounds (VOCs) and oxides 

of nitrogen (NOX) for Sheboygan 

County, Wisconsin. Wisconsin 

submitted an Early Progress Plan for 

Sheboygan County on January 16, 2015. 

This submittal was developed to 

establish MVEBs for the Sheboygan 8- 

hour ozone nonattainment area. This 

approval of the Early Progress Plan for 

the Sheboygan 8-hour ozone area is 

based on EPA’s determination that 

Wisconsin has demonstrated that the 

State Implementation Plan (SIP) 

revision containing these MVEBs, when 

considered with the emissions from all 

sources, shows some progress toward 

attainment from the 2011 base year 

through a 2015 target year. 

DATES: This direct final rule will be 

effective September 4, 2015, unless EPA 

receives adverse comments by August 5, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0075, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2015– 

0075. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 


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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations 38401 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Michael 

Leslie, Environmental Engineer, at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What are the criteria for Early Progress 

Plans? 

III. What is EPA’s analysis of the request? 

IV. What are the MVEBs for the Sheboygan 

County 8-hour ozone area? 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

EPA’s final rule designating 

nonattainment areas and associated 

classifications for the 2008 ozone 

National Ambient Air Quality Standards 

(NAAQS) was published in the Federal 

Register on May 21, 2012 (77 FR 30088). 

Sheboygan County was designated as 

marginal nonattainment. The Sheboygan 

County 8-hour ozone area had been 

previously designated nonattainment for 

the 1-hour ozone standard and had 1- 

hour MVEBs for NOX and VOC 

established in the Wisconsin 1-hour 

maintenance plan SIP. The 1-hour 

MVEBs are the only approved MVEBs 

for Sheboygan County and were based 

on EPA’s MOBILE6.2 emissions model. 

Consequently, the transportation 

partners in the Sheboygan area have to 

use the 1-hour MVEB test to 

demonstrate transportation conformity 

for the 8-hour ozone standard until new 

MVEBs are approved or found adequate, 

as required by the transportation 

conformity rule at 40 CFR 

93.109(c)(2)(i). Wisconsin submitted 

this plan to establish new MVEBs 

developed with EPA’s current 

MOVES2014 model. 

II. What are the criteria for Early 

Progress Plans? 

EPA allows for the establishment of 

MVEBs for the 8-hour ozone standard 

prior to a state submitting its first 

required 8-hour ozone SIP that would 

include new MVEBs. Although 

voluntary, these ‘‘early’’ MVEBs must be 

established through a plan that meets all 

the requirements of a SIP submittal. 

This plan is known as the ‘‘Early 

Progress Plan.’’ Specifically and in 

reference to Early Progress Plans, the 

preamble of the July 1, 2004, final 

transportation conformity rule (see, 69 

FR 40019) reads as follows: 

‘‘The first 8-hour ozone SIP could be 

a control strategy SIP required by the 

Clean Air Act (e.g., rate-of-progress SIP 

or attainment demonstration) or a 

maintenance plan. However, 8-hour 

ozone nonattainment areas ‘are free to 

establish, through the SIP process, a 

motor vehicle emissions budget or 

budgets that addresses the new NAAQS 

in advance of a complete SIP attainment 

demonstration. That is, a state could 

submit a motor vehicle emission budget 

that does not demonstrate attainment 

but is consistent with projections and 

commitments to control measures and 

achieves some progress toward 

attainment’ (August 15, 1997, 62 FR 

43799). A SIP submitted earlier than 

otherwise required can demonstrate a 

significant level of emissions reductions 

from current level of emissions, instead 

of a specific percentage required by the 

Clean Air Act for moderate and above 

ozone areas.’’ 

The Early Progress Plan must 

demonstrate that the SIP revision 

containing the MVEBs, when 

considered with emissions from all 

sources, and when projected from the 

base year to a future year, shows some 

progress toward attainment. EPA has 

previously indicated that a 5 percent to 

10 percent reduction in emissions from 

all sources could represent a significant 

level of emissions reductions from 

current levels (69 FR 40019). This 

allowance is provided so that areas have 

an opportunity to use the budget test to 

demonstrate conformity as opposed to 

the interim conformity tests (i.e., 2002 

baseline test and/or action versus 

baseline test). The budget test with an 

adequate or approved SIP budget is 

generally more protective of air quality 

and provides a more relevant basis for 

conformity determinations than the 

interim emissions test. (69 FR 40026). 

It should also be noted that the Early 

Progress Plan is not a required plan and 

does not substitute for required 

submissions such as an attainment 

demonstration or rate-of-progress plan, 

if such plans become required for the 

Sheboygan 8-hour ozone area. 

III. What is EPA’s analysis of the 

request? 

On January 16, 2015, the State 

submitted to EPA an Early Progress Plan 

for the sole purpose of establishing 

MVEBs for the Sheboygan 8-hour ozone 

area. The submittal utilizes a base year 

of 2011, and a projected year 2015 to 

establish NOX and VOC MVEBs. The 

planning assumptions used to develop 

the MVEBs were discussed and agreed 

to by the Sheboygan interagency 

consultation group, which consists of 

the transportation and air quality 

partners in the Sheboygan 8-hour ozone 

nonattainment area. Tables 1 and 2 

below show the differences by source 

categories between the 2011 base year 

and 2015 forecast year. The NOX and 

VOC emissions in tons per day (tpd) 

within the Sheboygan nonattainment 

area are expected to decrease 

significantly, 28.6 percent and 8.7 

percent, respectively, between 2011 and 

2015. These emission trends 

demonstrate that progress will be made 

towards attainment of the 2008 8-hour 

ozone NAAQS. 

TABLE 1—SHEBOYGAN COUNTY NOX

EMISSIONS

Source 

2011 

NOX

(tpd) 

2015 

NOX

(tpd) 

Point ...................................... 10.22 6.15 

Area ...................................... 1.32 1.33 

On-road Mobile ..................... 5.41 4.44 

Non-Road Mobile .................. 3.61 2.76 

Total ............................... 20.56 14.68 

Total Percent Reduction ....... 28.6% 


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38402 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations 

TABLE 2—SHEBOYGAN COUNTY VOC 

EMISSIONS

VOC Source 

2011 

VOC 

(tpd) 

2015 

VOC 

(tpd) 

Point ...................................... 2.63 2.63 

Area ...................................... 6.43 6.34 

On-road Mobile ..................... 2.44 1.97 

Non-Road Mobile .................. 3.03 2.76 

Total ............................... 14.53 13.27 

Total Percent Reduction ....... 8.7% 

EPA found these MVEBs adequate for 

transportation conformity purposes in 

an earlier action (80 FR 17428). As of 

April 16, 2015, the effective date of 

EPA’s adequacy finding for these 

MVEBs, conformity determinations in 

Sheboygan County must meet the 

budget test using these 8-hour MVEBs, 

instead of the 1-hour ozone MVEBs. 

Please note that this adequacy finding 

does not relate to the merits of the SIP 

submittal, nor does it indicate whether 

the submittal meets the requirements for 

approval. This EPA rulemaking action 

takes formal action on the Early Progress 

Plan SIP revision. 

IV. What are the MVEBs for the 

Sheboygan 8-hour ozone area? 

Through this rulemaking, EPA is 

approving the 2015 regional MVEBs for 

NOX and VOC for the Sheboygan 8-hour 

ozone area. EPA has determined that the 

MVEBs contained in the Early Progress 

Plan SIP revision are consistent with 

emission reductions from all sources 

within the nonattainment area and are 

showing progress toward attainment. 

The 2015 MVEBs in tpd for VOCs and 

NOX for the Sheboygan County, 

Wisconsin area are as follows: 

Area 

2015 

NOX

(tpd) 

2015 

VOCs 

(tpd) 

Sheboygan County ............... 4.435 1.972 

V. What action is EPA taking? 

EPA is approving Sheboygan’s Early 

Progress Plan, including the 2015 

MVEBs for NOX and VOC. The Early 

Progress Plan demonstrates progress 

towards attainment of the 2008 ozone 

NAAQS for the Sheboygan 

nonattainment area. The NOX and VOC 

emissions reductions from 2011 to 2015 

for Sheboygan County nonattainment 

areas were 28.6 percent and 8.7 percent, 

respectively. These emission reductions 

were based on control measures that are 

permanent and enforceable and will 

continue to improve air quality in the 

region, thus demonstrating that the 

MVEBs are showing progress toward 

attainment. 

EPA issues this direct final 

rulemaking in response to Wisconsin’s 

January 16, 2015 submittal of an Early 

Progress Plan. This revision is a 

voluntary SIP revision for the sole 

purpose of establishing MVEBs for the 

purpose of implementing transportation 

conformity in the Sheboygan 8-hour 

ozone area. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective September 4, 2015 without 

further notice unless we receive relevant 

adverse written comments by August 5, 

2015. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

September 4, 2015. 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act 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 Clean Air Act. 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 Clean Air Act; 

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, 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. 


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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Rules and Regulations 38403 

1 It should be noted that COMAR 

26.11.01.01B(21) is not part of the Maryland SIP. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 4, 

2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. This action 

may not be challenged later in 

proceedings to enforce its requirements. 

(See CAA section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

Dated: June 19, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. Section 52.2585 is amended by 

adding paragraph (cc) to read as follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(cc) Approval—On January 16, 2015, 

the State of Wisconsin submitted a 

revision to its State Implementation 

Plan for Sheboygan County, Wisconsin. 

The submittal established new Motor 

Vehicle Emissions Budgets (MVEB) for 

Volatile Organic Compounds (VOC) and 

Oxides of Nitrogen (NOX) for the year 

2015. The MVEBs for Sheboygan County 

are now: 1.972 tons per day of VOC 

emissions and 4.435 tons per day of 

NOX emissions for the year 2015. 

[FR Doc. 2015–16396 Filed 7–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0225; FRL–9930–08– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Minor New Source Review 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a January 24, 

2013 State Implementation Plan (SIP) 

revision submitted for the State of 

Maryland by the Maryland Department 

of the Environment (MDE). This 

revision pertains to preconstruction 

permitting requirements under 

Maryland’s minor New Source Review 

(NSR) program. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

August 5, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0225. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 29, 2015 (80 FR 23756), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of revisions to MDE’s minor 

NSR program. The formal SIP revision 

(#12–10) was submitted by MDE on 

behalf of the State of Maryland on 

January 24, 2013. 

The revision consists of amendments 

to Regulation .09 under section 26.11.02 

of the Code of Maryland Regulations 

(COMAR). An amendment to COMAR 

26.11.01.01 inadvertently widened the 

universe of sources that are required to 

obtain a permit to construct under 

COMAR 26.11.02.09. The previously 

approved version of COMAR 

26.11.02.09A(4) requires that any 

‘‘National Emission Standards for 

Hazardous Air Pollutants Source 

(NESHAP Source) as defined in section 

26.11.01.01 . . .’’ obtain a permit to 

construct. The definition of NESHAP 

Source at COMAR 26.11.01.01B(21) was 

amended and simplified (specifically, 

26.11.01.01B(21)(b)), effective March 5, 

2012.1 The revised definition had the 

unintended consequence of requiring 

that all sources subject to the NESHAP 

obtain a permit to construct, even the 

small emission sources which had 

previously been exempt under section 

26.11.02.10. The proposed revision to 

section 26.11.02.09A(4) allows MDE to 

retain the exemptions for smaller 

sources as originally intended and 

already approved in the Maryland SIP. 

Additionally, Regulations .09A(3) and 

.09A(4) under section 26.11.02 were 

revised to clarify that electric generating 

stations that meet the definitions of New 

Source Performance Standard (NSPS) 

sources and NESHAP sources are 

exempt from MDE permitting 

requirements only if they receive a 

Certificate of Public Convenience and 

Necessity (CPCN) from the Maryland 

Public Service Commission (PSC). 

II. Summary of SIP Revision 

COMAR 26.11.02.09A(4) has been 

revised to specify that NESHAP sources 

‘‘. . . as defined by COMAR 

26.11.01.01B(21)(a),’’ are required to 

obtain a permit to construct. This 

corrects the unintended consequence of 

applying MDE permitting requirements 

to emission sources that would 

otherwise be exempt. COMAR 

26.11.02.09A(6) will continue to require 

that all sources not explicitly exempt 

are required to obtain a permit to 

construct. Additionally, as previously 

discussed, Regulations .09A(3) and 

.09A(4) under section 26.11.02 have 

been revised to clarify that electric 

generating stations that meet the 

definitions of NSPS sources and 

NESHAP sources are exempt from 

permitting requirements only if they 

receive a CPCN from the Maryland PSC. 


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