40710 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0576; FRL–9966–79– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Permits, Approvals, and 

Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to Maryland’s 

administrative procedures for the 

issuance, denial, and appeal of permits 

issued by the Maryland Department of 

the Environment (MDE). This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

September 27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2016–0576. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 23, 2017 (82 FR 28614), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed 

approval of amendments to the Code of 

Maryland Administrative Regulations 

(COMAR) as a revision to the Maryland 

SIP. The formal SIP revision (#16–01) 

was submitted by Maryland on February 

22, 2016. 

II. Summary of SIP Revision and EPA 

Analysis 

Maryland’s SIP revision submittal 

includes several amended 

administrative provisions under 

COMAR 26.11.02 (Permits, Approvals, 

and Registration) for inclusion in the 

Maryland SIP. Specifically, 26.11.02.07 

(Procedures for Denying, Revoking, or 

Reopening and Revising a Permit or 

Approval), 26.11.02.11 (Procedures for 

Obtaining Permits to Construct Certain 

Significant Sources), and 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) have 

been revised. Maryland has requested 

EPA add the amended provisions to the 

Maryland SIP. 

The amended COMAR provisions 

with State effective dates of December 

10, 2015 address MDE’s administrative 

processes for permit issuance and 

denial. Specifically, the amended 

COMAR provisions eliminate the 

‘‘contested case’’ process and the Office 

of Administrative Hearings’ 

adjudicatory hearing process for major 

permits, and substitute direct judicial 

review. Additionally, the revisions 

expand standing for challenges to those 

major permits, and include additional 

public notice requirements for certain 

sources. The amended COMAR 

provisions are described in more detail 

in the NPR and will not be repeated 

here. 

MDE’s February 22, 2016 SIP 

submittal is consistent with all 

applicable requirements of the CAA and 

its implementing regulations. The 

COMAR public notice requirements 

meet or exceed the requirements of 40 

CFR 51.160 and 51.161. Additionally, 

the revisions are approvable under 

section 110 of the CAA (specifically 

section 110(a)(2)(A) and (C) and section 

173 for NSR programs). Under section 

110(a)(2)(C), the SIP must include a 

program to enforce the emission limits 

and control measures in a state’s SIP (as 

required by section 110(a)(2)(A)) and 

must also contain a program to regulate 

modification/construction of sources so 

that the NAAQS are achieved. Section 

173 requires the permits program for 

nonattainment NSR and requires states 

to have a SIP with a permit program that 

ensures sources are required to comply 

with certain things like stringent 

emission limitations (i.e., lowest 

achievable emission rates) and offsets. 

While having a permits program in the 

SIP that addresses denial or revocation 

of permits and addresses permit appeals 

does not address the required substance 

of a NSR program, these provisions do 

make the NSR program enforceable, and 

therefore EPA finds the SIP submission 

and revisions to COMAR 26.11.02 

approvable under CAA sections 173 and 

110(a)(2)(A) and (C). EPA finds the 

revisions approvable under section 110 

and 173 of the CAA and the CAA’s 

implementing regulations. In addition, 

because none of the revisions to 

COMAR 26.11.02 will affect emissions 

of pollutants from sources and are 

largely administrative in nature, EPA 

finds that none of the revisions to 

COMAR 26.11.02 will interfere with 

reasonable further progress, any 

NAAQS, or any other applicable 

requirements in the CAA. Thus, EPA 

finds the submittal is approvable for 

section 110(l) of the CAA. 

Other specific requirements of MDE’s 

February 22, 2016 SIP submittal and the 

rationale for EPA’s approval of the 

submittal are explained in the NPR and 

will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving MDE’s February 22, 

2016 SIP submittal as a revision to the 

Maryland SIP. Specifically, EPA is 

approving revised COMAR 26.11.02.07, 

26.11.02.11 and 26.11.02.12 for 

inclusion in the Maryland SIP in 

accordance with sections 110 and 173 of 

the CAA. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the MDE rules regarding 

permit issuance and denial as described 

in Section II of this preamble. EPA has 

made, and will continue to make, these 

materials generally available through 

http://www.regulations.gov and/or at the 

EPA Region III Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1


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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40711 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

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 rule 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. 

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 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 pertaining to MDE’s rules 

regarding permit issuance and denial 

may not be challenged later in 

proceedings to enforce its requirements. 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 12, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, 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 revising the entries 

‘‘26.11.02.07,’’ ‘‘26.11.02.11,’’ and 

‘‘26.11.02.12’’ to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES 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 

*******

26.11.02 Permits, Approvals, and Registration 

*******

26.11.02.07 ............................. Procedures for Denying, Revoking, or Reopening and 

Revising a Permit or Approval.

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

68 FR 9012, (c) (182) 


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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 


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