[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40710-40712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17865]



[[Page 40710]]

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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.

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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 <a href="/cdn-cgi/l/email-protection#3145505d5d54481f5550475855715441501f565e47"><span class="__cf_email__" data-cfemail="a6d2c7cacac3df88c2c7d0cfc2e6c3d6c788c1c9d0">[email protected]</span></a>.

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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    \1\ 62 FR 27968 (May 22, 1997).

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[[Page 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. In Sec.  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:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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                                                                                                  Additional
 Code of Maryland  Administrative                            State                               explanation/
   Regulations (COMAR) citation       Title/subject     effective date   EPA approval date    citation at 40 CFR
                                                                                                   52.1100
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                                                  * * * * * * *
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                                  26.11.02 Permits, Approvals, and Registration
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                                                  * * * * * * *
26.11.02.07......................  Procedures for             12/10/15  8/28/17, [insert     Previous Approval 2/
                                    Denying, Revoking,                   Federal Register     27/2003, 68 FR
                                    or Reopening and                     citation].           9012, (c) (182)
                                    Revising a Permit
                                    or Approval.
 

[[Page 40712]]

 
                                                  * * * * * * *
26.11.02.11......................  Procedures for             12/10/15  8/28/17, [insert     Previous Approval 2/
                                    Obtaining Permits                    Federal Register     27/2003, 68 FR
                                    to Construct                         citation].           9012, (c) (182)
                                    Certain
                                    Significant
                                    Sources.
26.11.02.12......................  Procedures for             12/10/15  8/28/17, [insert     Previous Approval 8/
                                    Obtaining                            Federal Register     2/2012, 77 FR
                                    Approvals of PSD                     citation].           45949
                                    Sources and NSR
                                    Sources, Certain
                                    Permits to
                                    Construct, and
                                    Case-by-Case MACT
                                    Determinations in
                                    Accordance with 40
                                    CFR part 63,
                                    Subpart B.
 
                                                  * * * * * * *
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* * * * *

[FR Doc. 2017-17865 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P


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