23756 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules 

1 It should be noted that COMAR 

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

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0225; FRL–9927–04– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Minor New Source Review 

Requirements 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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: Written comments must be 

received on or before May 29, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0225 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0225, 

David Campbell, Associate Director, 

Office of Permits and Air Toxics, 

Mailcode 3AP10, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2015– 

0225. 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 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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy 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: On 

January 24, 2013, MDE submitted a 

revision to the Maryland SIP. 

I. Background 

The proposed 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. 

The proposed revisions were effective in 

Maryland on July 8, 2013. 

III. Proposed Action 

EPA’s review of this material 

indicates that it meets all applicable 

CAA requirements. EPA notes that in a 

February 10, 2012 final rulemaking 

action, limited approval was granted to 

a Maryland SIP revision that included 

amendments to COMAR 26.11.02.09. 

See 77 FR 6963. The reasons for that 

limited approval are unrelated to this 

action, and do not prevent EPA from 

granting full approval to the currently 

proposed amendments to section 

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Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules 23757 

26.11.02.09. Therefore, EPA is 

proposing to approve MDE’s January 24, 

2013 SIP revision. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Incorporation by Reference 

In this proposed rulemaking action, 

EPA is proposing to include in a final 

EPA rule, regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference Maryland’s 

permit to construct requirements as 

discussed in section II of this preamble. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 proposed rule, 

relating to Maryland’s preconstruction 

permitting requirements, 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. 

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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 16, 2015. 

William C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2015–10008 Filed 4–28–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0002; FRL–9927– 

05–Region 2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List: Deletion of the Crown 

Vantage Landfill Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is issuing a 

Notice of Intent to Delete the Crown 

Vantage Landfill Superfund Site (Site), 

located in Alexandria Township, 

Hunterdon County, New Jersey, from 

the National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). EPA and the 

State of New Jersey, through the New 

Jersey Department of Environmental 

Protection, have determined that all 

appropriate response actions under 

CERCLA, other than long-term 

maintenance and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Comments must be received by 

May 29, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2005–0002, by one of the 

following methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: hess.alison@epa.gov: 

• Mail: To the attention of Alison 

Hess, Remedial Project Manager, U.S. 

Environmental Protection Agency, 

Region 2, Emergency & Remedial 

Response Division, 290 Broadway, 19th 

Floor, New York, NY 10007–1866. 

• Hand Delivery: Superfund Records 

Center, 290 Broadway, 18th floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308). Such deliveries are only 

accepted during the Record Center’s 

normal hours of operation (Monday to 

Friday from 9:00 a.m. to 5:00 p.m.). 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2005– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

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 http://

www.regulations.gov or email. The 

http://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 http://

www.regulations.gov, your email 

address will be automatically captured 

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