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
40716 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

2 62 FR 27968 (May 22, 1997). 

25 tpy) and avoid NSR review under 

COMAR 26.11.17 as the production of 

the new silicone products would emit 

more VOC emissions from the source. 

However, NGC was subject to VOC 

emission limits in COMAR 26.11.06.06. 

Since Board Kiln No. 1 was installed 

before May 12, 1972, COMAR 

26.11.06.06B(1)(a) would require its 

VOC emissions to be less than 200 

pounds per day (lbs/day) unless the 

discharge is reduced by 85 percent or 

more overall. As Board Kiln No. 2 was 

installed in April 1998, it is subject to 

COMAR 26.11.06.06B(1)(b), which, 

except as provided in COMAR 

26.11.06.06E, limits the discharge of 

VOC to not exceed 20 lbs/day unless the 

discharge is reduced by 85 percent or 

more overall. As a result of the 

increased production, NGC was unable 

to comply with COMAR 26.11.06.06B 

and is thus eligible to apply for an 

exception under COMAR 26.11.06.06E. 

However, exceptions under COMAR 

26.11.06.06E require EPA approval of 

specific emission limitations and 

operating practices in order to become 

federally enforceable. MDE entered a 

consent order with NGC on March 11, 

2016 establishing alternative VOC 

emissions limits for Board Kiln No. 1 

and Board Kiln No. 2 that would 

become part of NGC’s permit to operate. 

The permit restrictions approved for 

NGC, based on MDE’s order, will ensure 

that NGC remains a federally 

enforceable minor stationary source 

with appropriate emission limitations 

and practices and not subject to NSR for 

its modification to Board Kiln No. 1. 

II. Summary of SIP Revision and EPA 

Analysis 

In the June 24, 2016 SIP submittal, 

MDE included an order authorizing an 

alternative VOC emissions standard per 

COMAR 26.11.06.06E in connection 

with the construction permit 

modification MDE prepared for NGC. 

MDE requested EPA incorporate by 

reference the order with the alternative 

VOC emissions standard into the 

Maryland SIP. The MDE order for NGC 

requires that NGC comply with the 

following alternative VOC standards 

and other conditions: (1) NGC shall 

install a regenerative thermal oxidizer 

(RTO) on Board Kiln No. 1, which is 

designed to achieve at least a 99% 

overall VOC control efficiency, or not 

greater than 0.5 parts per million by 

volume (ppmv) of VOC in the flue gases 

exiting the RTO (which is more 

restrictive for Board Kiln No. 1); (2) total 

VOC emissions from Board Kiln No. 1 

and Board Kiln No. 2, combined, shall 

not exceed 195 pounds per operating 

day (which is more stringent than Board 

Kiln No. 1 subject to 200 lbs/day and 

Board Kiln No. 2 subject to 20 lbs/day, 

separately); (3) total premises wide VOC 

emissions shall be less than 25 tons in 

any rolling 12-month period to ensure 

that the total net VOC emissions 

increase resulting from the modification 

of Board Kiln No. 1 and Board Kiln No. 

2, combined, is less than the 

nonattainment NSR threshold, which is 

25 tons in any rolling 12-month period; 

(4) NGC shall vent the flue gases from 

Board Kiln No. 1 through the RTO prior 

to discharging to the atmosphere when 

manufacturing silicone XP water 

resistant wallboard and eXP water 

resistant wallboard; (5) the temperature 

of the combustion zone of the RTO shall 

be maintained to at least the minimum 

temperature established during the most 

recent stack emissions tests 

demonstrating compliance with the 

daily VOC emission limit of 195 pounds 

per operating day; (6) NGC shall 

manufacture regular wallboard (any 

wallboard that is not silicone XP water 

resistant wallboard or eXP water 

resistant wallboard and is not 

prohibited for production by MDE) only 

in Board Kiln No. 2; and (7) NGC shall 

monitor daily production for each type 

of wallboard and shall calculate total 

daily VOC emissions from Board Kiln 

No. 1 and Board Kiln No. 2 to 

demonstrate compliance with the 

alternative VOC emission standard of 

195 pounds per operating day. 

After evaluating this SIP revision, 

EPA concludes that this SIP revision 

continues to address and minimize VOC 

emissions in the Baltimore ozone 

nonattainment area and will result in 

reduced VOC emissions from NGC. The 

alternative VOC emissions limit for NGC 

will significantly reduce emissions of 

VOC, an ozone precursor. EPA finds this 

Order to be a SIP strengthening measure 

in accordance with requirements in 

section 110 of the CAA. EPA finds that 

the submittal strengthens the State of 

Maryland’s SIP and is in accordance 

with section 110 of the CAA including 

110(a) and 110(l) as the SIP revision will 

not interfere with reasonable further 

progress, attainment of any NAAQS or 

any other applicable CAA requirements 

as more VOC emissions reduction is 

expected from this limit on NGC’s VOC 

emissions. 

III. Final Action 

EPA is approving the Maryland June 

2016 SIP revision submittal which 

requests incorporation by reference of a 

MDE order that includes an alternative 

VOC emission standard for NGC as the 

revision meets requirements in CAA 

section 110. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this issue of the 

Federal Register, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision if 

adverse comments are filed. This rule 

will be effective on November 27, 2017 

without further notice unless EPA 

receives adverse comment by September 

27, 2017. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must 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. 

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 Maryland’s Department 

of the Environment Order No. 510– 

0233–6–0646 and –1569. EPA has made, 

and will continue to make, these 

materials generally available through 

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 of the SIP compilation.2

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). 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40717 

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. section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

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 November 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. 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 issue of the 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 

action. 

This action, which approves 

Maryland’s SIP revision incorporating 

by reference a MDE order establishing a 

VOC emission standard for NGC, 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, 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 

(d) is amended by adding the entry for 

National Gypsum Company at the end 

of the table to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(d) * * * 

EPA APPROVED STATE SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit number/type State effective 

date EPA approval date Additional explanation 

*******

National Gypsum Company (NGC).Departmental Order ..... 03/11/16 8/28/17 [Insert Federal 

Register citation].

The SIP approval includes specific alternative 

volatile organic compound emission limits 

and other conditions for NGC as established 

by the Departmental Order. 

* * * * * 

[FR Doc. 2017–18086 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 


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