51350 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 

1EPA previously approved Maryland’s State Plan 

for large MWCs on April 8, 2008 (see 73 FR 18970). 

In addition, EPA previously approved, as a revision 

to the Maryland state implementation plan, the 

regulatory requirements for QA/QC controls for 

COMs in COMAR 26.11.31. 81 FR 78048 (November 

7, 2016). 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: October 24, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendments to 40 

CFR 52.1520 published in the Federal 

Register on September 6, 2017 (82 FR 

42037), on page 42040 are withdrawn 

effective November 6, 2017. 

[FR Doc. 2017–24113 Filed 11–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2017–0484; FRL–9970–28– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Continuous Opacity 

Monitoring Requirements for Municipal 

Waste Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Maryland’s Clean Air Act (CAA) 

section 111(d)/129 State Plan for 

municipal waste combustors (MWCs). 

The revisions contain Maryland’s 

amendments to Regulations .07 and .08 

under the Code of Maryland Regulations 

(COMAR) 26.11.08. These amendments 

update the MWC references to opacity 

compliance. The Maryland Department 

of the Environment (MDE)’s 

discontinued Technical Memorandum 

(TM 90–01) is no longer applicable and 

the regulations now refer to COMAR 

26.11.31, which codifies quality 

assurance (QA) and quality control (QC) 

procedures for continuous opacity 

monitors (COMs). EPA is approving this 

revision to remove TM 90–01 from 

Maryland’s CAA section 111(d)/129 

State Plan in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on January 

5, 2018 without further notice, unless 

EPA receives adverse written comment 

by December 6, 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–2017–0484 at https://

www.regulations.gov, or via email to 

aquino.marcos@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: 

Emily Linn, (215) 814–5273, or by email 

at linn.emily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 10, 2016, the State of 

Maryland submitted a formal revision 

(MD Submittal #16–05) to its CAA 

section 111(d)/129 State Plan for MWCs. 

The revisions contain Maryland’s 

amendments to COMAR 26.11.08.08, 

‘‘Requirements for an Existing Large 

MWC with a Capacity Greater Than 250 

Tons Per Day.’’ These amendments 

update the MWC references to opacity 

compliance previously made by MDE. 

MDE’s discontinued technical 

memorandum which previously 

addressed QA/QC procedures for COMs, 

TM 90–01, is no longer state effective 

and the Maryland regulations therefore 

now refer to COMAR 26.11.31, which 

codifies similar QA and QC procedures 

for COMs.1 In a state rulemaking action, 

MDE also revised the title of COMAR 

26.11.08.07, ‘‘Requirements for 

Municipal Waste Combustors with a 

Capacity of 35 tons or greater per day 

and less than or equal to 250 Tons Per 

Day,’’ to clarify that the state regulation 

applies to small MWCs. However, this 

clarification to the title of COMAR 

26.11.08.07 is a minor administrative 

change and is not part of this action. 

The text of 26.11.08.07 remains 

unchanged, and thus the requirements 

for MWCs remain unchanged. EPA is 

approving this revision to remove TM 

90–01 from Maryland’s 111(d)/129 State 

Plan for MWCs in accordance with the 

requirements of the CAA as the changes 

are administrative in nature. 

II. Summary of CAA Section 111(d)/129 

State Plan Revision and EPA Analysis 

EPA has reviewed Maryland’s 

submittal to revise its CAA section 

111(d)/129 State Plan for MWCs in the 

context of the requirements of 40 CFR 

part 60, subpart Eb. These amendments 

are largely administrative in nature. In 

this action, EPA is finalizing its 

determination that the submitted 

revision meets the above-cited 

requirements. EPA is revising 40 CFR 

part 62, subpart V (§ 62.5110 and 

§ 61.5112) to reflect this approval. 

III. Final Action 

EPA is approving the May 10, 2016 

Maryland CAA section 111(d)/129 State 

Plan revision submittal as a revision to 

Maryland’s CAA section 111(d)/129 

State Plan for MWCs. 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 Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the 111(d)/129 State Plan 

revision if adverse comments are filed. 

This rule will be effective on January 5, 

2018 without further notice unless EPA 

receives adverse comment by December 

6, 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. 


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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51351 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). This rule also does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing Section 111(d)/129 plan 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

Section 111(d)/129 plan submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a Section 111(d)/ 

129 plan submission, to use VCS in 

place of a Section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the Clean Air Act. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 January 5, 2018. 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 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 

approving Maryland’s revisions to their 

111(d)/129 State Plan for MWCs may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 18, 2017. 

Cosmo Servidio, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, 40 CFR part 62 is amended as 

follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. Section 62.5110 is amended by 

adding paragraph (c) to read as follows: 

§ 62.5110 Identification of plan. 

* * * * * 

(c) On May 10, 2016, Maryland 

submitted a revised State Plan and 

related COMAR 26.11.08.08 

amendments. 

■ 3. Section 62.5112 is amended by 

adding paragraph (c) to read as follows: 

§ 62.5112 Effective date. 

* * * * * 

(c) The plan revision is effective 

January 5, 2018. 

[FR Doc. 2017–24116 Filed 11–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0362; FRL–9969–99] 

Formaldehyde, Polymer With 1,3- 

Benzenediol, 2-Methyloxirane and 

Oxirane, Ethers With Polyethylene 

Glycol Mono-Me Ether; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of formaldehyde, 

polymer with 1,3-benzenediol, 2- 

methyloxirane and oxirane, ethers with 

polyethylene glycol mono-Me ether 

(CAS Reg. No. 1998118–31–2) when 


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