40712 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued 

Code of Maryland 

Administrative Regulations 

(COMAR) 

citation 

Title/subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

*******

26.11.02.11 ............................. Procedures for Obtaining Permits to Construct Certain 

Significant Sources.

12/10/15 8/28/17, [insert Federal Register citation].Previous Approval 2/27/2003, 

68 FR 9012, (c) (182) 

26.11.02.12 ............................. Procedures for Obtaining Approvals of PSD Sources 

and NSR Sources, Certain 

Permits to Construct, and 

Case-by-Case MACT Determinations in Accordance 

with 40 CFR part 63, Subpart B.

12/10/15 8/28/17, [insert Federal Register citation].Previous Approval 8/2/2012, 

77 FR 45949 

* * * * * * * 

* * * * * 

[FR Doc. 2017–17865 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0184; FRL–9966–80– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; AK: Adoption 

Updates and Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving state 

implementation plan (SIP) revisions 

submitted by the State of Alaska 

Department of Environmental 

Conservation (ADEC) on September 15, 

2016. These revisions primarily update 

adoptions of Federal regulations in the 

Alaska SIP. The revisions also 

strengthen the State of Alaska’s (Alaska 

or State) minor source permitting 

requirements and remove obsolete 

source-category specific regulations. In 

addition, EPA is approving SIP 

revisions to Alaska’s general and 

transportation conformity regulations 

submitted by ADEC on March 10, 2016. 

The EPA is taking action only on the 

conformity related portions of the 

March 2016 submittal. The other 

portions of the submittal are or will be 

addressed in separate actions. 

DATES: This final rule is effective 

September 27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2017–0184. All 

documents in the docket are listed on 

the https://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at http://www.regulations.gov or at EPA 

Region 10, Office of Air and Waste, 1200 

Sixth Avenue, Seattle, Washington 

98101. EPA requests that you contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section below, to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick, Air Planning Unit, 

Office of Air and Waste (OAW–150), 

Environmental Protection Agency, 

Region 10, 1200 Sixth Ave, Suite 900, 

Seattle, WA 98101; phone: (206) 553– 

1999; email: ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background 

On March 10, 2016 and September 15, 

2016, Alaska submitted SIP revisions to 

EPA for approval. On June 13, 2017, the 

EPA proposed to approve the 

conformity portions of Alaska’s March 

10, 2016 submittal and all of the 

revisions requested in the September 15, 

2016 submittal (82 FR 27031). Please see 

our proposed rulemaking for further 

explanation and the basis for our 

finding. The public comment period for 

this proposal ended on July 13, 2017. 

We received two supportive comments. 

II. Final Action 

EPA is approving, and incorporating 

by reference where appropriate in 

Alaska’s SIP, all revisions requested by 

Alaska on September 15, 2016 (state 

effective August 20, 2016) to the 

following provisions: 

• 18 AAC 50.010(4) (Ambient Air 

Quality Standards) 

• 18 AAC 50.020(a) (Baseline Dates and 

Maximum Allowable Increases) 

• 18 AAC 50.035(a)(3) and (a)(7) 

(Documents, Procedures, and 

Methods Adopted by Reference) 

• 18 AAC 50.040(f) and (h) (Federal 

Standards Adopted by Reference) 

• 18 AAC 50.215(a)(3) (Ambient Air 

Quality Analysis Methods) 

• 18 AAC 50.345(o) (Construction, 

Minor and Operating Permits: 

Standard Permit Conditions) 

• 18 AAC 50.502(c), (e), (f), (f)(1)(C), 

(f)(5), (g), (h)(3)(A), and (h)(3)(B) 

(Minor Permits for Air Quality 

Protection) 

• 18 AAC 50.540 (c)(2)(A) (Minor 

Permit: Application) 

• 18 AAC 50.542(b)(5) and (d)(1) (Minor 

Permit: Review and Issuance) 

At Alaska’s request, EPA is also 

removing from the SIP the following 

provisions that ADEC repealed as a 

matter of state law: 18 AAC 50.055(a)(2), 

(a)(3), (a)(7), (a)(8), (b)(4), (b)(6), (f) 

(Industrial Process and Fuel-Burning 

Equipment) and 18 AAC 50.060 (Pulp 

Mills). 

Finally, EPA is approving revisions to 

18 AAC 50, Article 7, Transportation 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40713 

Conformity, submitted by Alaska on 

March 10, 2016; specifically, the 

revisions to transportation conformity 

provisions in 18 AAC 50.715 and 

50.720, and the removal of the general 

conformity provisions in 50.735. 

We have determined that the 

submitted SIP revisions are consistent 

with section 110 and part C of Title I of 

the CAA. 

III. Incorporation by Reference 

In this rule, EPA is approving 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are incorporating by reference 

the provisions described above in 

Section II. Final Action and set forth 

below, as amendments to 40 CFR part 

52. EPA has made, and will continue to 

make, these documents generally 

available electronically through http://

www.regulations.gov and/or at the EPA 

Region 10 office (please contact the 

person identified in the FOR FURTHER

INFORMATION, CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Orders 

Review 

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 

this action does not involve technical 

standards; 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 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. 

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

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

Under CAA section 307(b)(1), 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 27, 2017. 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 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, Administrative 

practice and procedure, 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: August 10, 2017. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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 C—Alaska 

■ 2. In § 52.70, the table in paragraph (c) 

is amended by: 

■ a. Revising entries 18 AAC 50.010, 18 

AAC 50.020, 18 AAC 50.035, 18 AAC 

50.040, 18 AAC 50.055; 

■ b. Removing entry 18 AAC 50.060; 

■ c. Revising entries 18 AAC 50.215, 18 

AAC 50.345, 18 AAC 50.502, 18 AAC 

50.540, 18 AAC 50.542, 18 AAC 50.715, 

and 18 AAC 50.720; and 

■ d. Removing entry 18 AAC 50.735. 

The revisions read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 


asabaliauskas on DSKBBXCHB2PROD with RULES
40714 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject State effective 

date EPA approval date Explanations 

Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality 

Control (18 AAC 50) 

18 AAC 50 Article 1. Ambient Air Quality Management 

*******

18 AAC 50.010 ....... Ambient Air Quality Standards .............. 8/20/16 8/28/17 [Insert Federal Register citation].Except (8). 

* * * * * * * 

18 AAC 50.020 ....... Baseline Dates and Maximum Allowable Increases.8/20/16 8/28/17 [Insert Federal Register citation].

* * * * * * * 

18 AAC 50.035 ....... Documents, Procedures and Methods 

Adopted by Reference.

8/20/16 8/28/17 [Insert Federal Register citation].Except (a)(6) and 

(b)(4). 

18 AAC 50.040 ....... Federal Standards Adopted by Reference.8/20/16; 11/9/ 

14 

8/28/17 [Insert Federal Register citation].Except (a), (b), (c), 

(d), (e), (g), (j), 

and (k). 

* * * * * * * 

18 AAC 50.055 ....... Industrial Processes and Fuel-Burning 

Equipment.

8/20/16 8/28/17 [Insert Federal Register citation].Except (d)(2)(B). 

*******

18 AAC 50 Article 2. Program Administration 

*******

18 AAC 50.215 ....... Ambient Air Quality Analysis Methods .. 8/20/16 8/28/17 [Insert Federal Register citation].

Except (a)(4). 

*******

18 AAC 50 Article 3. Major Stationary Source Permits 

*******

18 AAC 50.345 ....... Construction, Minor and Operating Permits: Standard Permit Conditions.

8/20/16 8/28/17 [Insert Federal Register citation].Except (b), (c)(3), 

and (l). 

*******

18 AAC 50 Article 5. Minor Permits 

18 AAC 50.502 ....... Minor Permits for Air Quality Protection 8/20/16 8/28/17 [Insert Federal Register citation].

*******

18 AAC 50.540 ....... Minor Permit: Application ....................... 8/20/16 8/28/17 [Insert Federal Register citation].

18 AAC 50.542 ....... Minor Permit: Review and Issuance ...... 8/20/16 8/28/17 [Insert Federal Register citation].Except (b)(2). 

*******

18 AAC 50 Article 7. Transportation Conformity 

*******

18 AAC 50.715 ....... Interagency Consultation Procedures .... 3/2/16 8/28/17 [Insert Federal Register citation].

18 AAC 50.720 ....... Public Involvement ................................. 3/2/16 8/28/17 ...................................................

[Insert Federal Register citation] ..........

* * * * * * * 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40715 

1EPA had previously promulgated a NAAQS for 

total photochemical oxidants. 

* * * * * 

[FR Doc. 2017–17861 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0394; FRL–9966–96– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Approval of an Alternative 

Volatile Organic Compound Emission 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the State 

of Maryland’s state implementation plan 

(SIP). Maryland requested EPA 

incorporate by reference into the 

Maryland SIP a Maryland Department of 

the Environment (MDE) order that 

establishes an alternative volatile 

organic compound (VOC) emission 

standard for National Gypsum Company 

(NGC) that will ensure that this source 

remains a minor stationary source of 

VOCs. EPA is approving the SIP 

submittal incorporating by reference 

MDE’s order for NGC in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This rule is effective on 

November 27, 2017 without further 

notice, unless EPA receives adverse 

written comment by September 27, 

2017. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0394 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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. 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 the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. 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. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Becoat, (215) 814–2036, or 

by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 24, 2016, MDE submitted a 

formal revision to the Maryland SIP. 

The SIP revision consists of a request to 

incorporate by reference a MDE 

departmental order that establishes an 

alternative VOC emission standard for 

NGC as it appears in the permit-toconstruct conditions issued by MDE in 

order to ensure that it remains a minor 

stationary source of VOCs. The 

alternative VOC emissions limit of 195 

pounds per operating day with at least 

a 99% overall VOC control efficiency 

will achieve a stringent emissions 

discharge reduction and is more 

stringent than any established standard 

for reasonably available control 

technology (RACT) for major stationary 

sources of VOCs in COMAR 26.11.19. 

Under the Code of Maryland 

Regulations (COMAR) 26.11.06.06E— 

‘‘Exceptions,’’ a source may request an 

exception to a VOC emissions limit from 

MDE if the source is not subject to new 

source review (NSR) and if the source is 

unable to comply with COMAR 

26.11.06.06B—‘‘Control of VOC from 

Installations.’’ 

Located in the Baltimore ozone 

nonattainment area, NGC is a wallboard 

manufacturing facility that emits both 

nitrogen oxides (NOX) and VOCs. 

Ground level ozone is formed when 

NOX and VOCs react in the presence of 

sunlight. NOX and VOC are referred to 

as ozone precursors and are emitted by 

many types of pollution sources, 

including motor vehicles, power plants, 

industrial facilities, and area wide 

sources, such as consumer products and 

lawn and garden equipment. Scientific 

evidence indicates that adverse public 

health effects occur following exposure 

to ozone. These effects are more 

pronounced in children and adults with 

lung disease. Breathing air containing 

ozone can reduce lung function and 

inflame airways, which can increase 

respiratory symptoms and aggravate 

asthma or other lung diseases. In 

response to this scientific evidence, EPA 

promulgated in 1979 the first ozone 

national ambient air quality standard 

(NAAQS), the 0.12 part per million 

(ppm) 1-hour ozone NAAQS. See 44 FR 

8202 (February 8, 1979).1 Under the 

1979 1-hour ozone NAAQS, the 

Baltimore Area (specifically, Anne 

Arundel County, Baltimore City, 

Baltimore County, Carroll County, 

Harford County, and Howard County) 

was designated as a severe 

nonattainment area. 56 FR 56694 

(November 6, 1991). On July 18, 1997, 

EPA revised the health-based NAAQS 

for ozone based on 8-hour average 

concentrations. 62 FR 38856. Under the 

1997 8-hour ozone NAAQS, the 

Baltimore Area was designated as a 

moderate nonattainment area. 69 FR 

23858 (April 30, 2004). Later, the 

Baltimore Area was reclassified as a 

serious nonattainment area for the 1997 

8-ozone NAAQS. 77 FR 4901 (February 

1, 2012). On March 27, 2008 (78 FR 

16436), EPA strengthened the 8-hour 

ozone NAAQS (2008 8-hour ozone 

NAAQS). Under the 2008 8-hour ozone 

NAAQS, the Baltimore Area was 

designated as a moderate nonattainment 

area. 69 FR 23858 (April 30, 2004). 

On April 30, 2004 (69 FR 23858), EPA 

announced its revocation of the 1979 1- 

hour ozone NAAQS for all purposes and 

for all areas in the country, effective 

June 15, 2005. In the final rulemaking, 

EPA determined that certain 

nonattainment planning requirements 

would continue to be in effect under the 

revoked standard for nonattainment 

areas under the 1979 1-hour ozone 

NAAQS, including RACT. Under the 

anti-backsliding provisions codified at 

40 CFR 51.905, the Baltimore Area 

remains subject to the anti-backslide 

obligations for the revoked 1979 1-hour 

ozone NAAQS. Since the Baltimore 

Area was designated as a severe 

nonattainment area for the 1979 1-hour 

ozone NAAQS, all sources in the 

nonattainment area emitting greater 

than 25 tons per year (tpy) of VOC or 

NOX are major stationary sources. 

NGC is a major stationary source of 

NOX, but is not a major stationary 

source for VOCs. NGC consists of two 

major manufacturing lines, Board Kiln 

No. 1 and Board Kiln No. 2. When NGC 

modified Board Kiln No. 1 to 

manufacture new silicone wallboard 

products, NGC needed limits to remain 

a minor stationary source of VOC (under 


asabaliauskas on DSKBBXCHB2PROD with RULES