Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 52259 

1See Finding of Significant Contribution and 

Rulemaking for Certain States in the Ozone 

Transport Assessment Group Region for Purposes of 

Reducing Regional Transport of Ozone, 63 FR 

57371 (October 27, 1998). 

2A major stationary source of NOX in a marginal 

or moderate ozone nonattainment area, or in an 

ozone transport region, is a source that emits or has 

the potential to emit 100 tons of NOX. 

3 In the cap and trade program established under 

the NOX SIP Call, a regional ozone season NOX cap, 

or budget, was established, which was allocated as 

NOX allowances to subject sources in the affected 

Continued 

with the public comments received in 

that rulemaking. The Office fully 

intends to finalize that rule before 

finalizing the GRUW final rule. 

Dated: November 7, 2017. 

Sarang V. Damle, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2017–24511 Filed 11–9–17; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0309; FRL–9968–49– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonably Available 

Control Technology for Cement Kilns, 

Revisions to Portland Cement 

Manufacturing Plant and Natural Gas 

Compression Station Regulations, and 

Removal of Nitrogen Oxides Reduction 

and Trading Program Replaced by 

Other Programs and Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to reasonably 

available control technology (RACT) for 

cement kilns, revisions to and 

recodification of certain provisions for 

Portland cement manufacturing plants 

(cement plants) and internal combustion 

(IC) engines at natural gas compression 

stations, and removal of the obsolete 

Nitrogen Oxides (NOX) Reduction and 

Trading Program that has been replaced 

by other trading programs or addressed 

in other regulations. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before December 13, 

2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0309 at http://

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: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 24, 2015, the State of 

Maryland, through the Maryland 

Department of the Environment (MDE), 

submitted a SIP revision for approval 

into the Maryland SIP. The submission 

is comprised of three State actions 

pertaining to amendments to COMAR 

26.11.01.10, COMAR 26.11.09.08, 

COMAR 26.11.29, and COMAR 

26.11.30. The amendments address the 

requirement for NOX RACT for cement 

kilns for the 2008 ozone national 

ambient air quality standard (NAAQS), 

the removal of COMAR provisions 

related to the obsolete NOX Budget 

Trading Program under the NOX SIP 

Call 1 (that has been replaced by other 

trading programs), the consolidation of 

all existing and new requirements for 

cement kilns into one COMAR 

regulation, the consolidation of all 

existing and new requirements for IC 

engines into one COMAR regulation, the 

addition of new particulate matter (PM) 

monitoring requirements, and the 

addition of an alternate monitoring 

option for visible emissions at cement 

kilns. On February 17, 2017, MDE 

provided a letter to EPA clarifying the 

NOX RACT limits and withdrawing 

from EPA’s consideration a provision of 

its regulation for natural gas 

compression stations. 

I. Background 

A. NOX RACT for Cement Kilns 

On March 12, 2008, EPA strengthened 

the NAAQS for ground level ozone, 

setting both the primary and secondary 

standards to a level of 0.075 parts per 

million (ppm), or 75 parts per billion 

(ppb), averaged over an 8-hour period 

(hereafter referred to as the 2008 ozone 

NAAQS). On May 21, 2012 (77 FR 

30088), EPA designated 45 areas as 

nonattainment under the 2008 ozone 

NAAQS, including three areas or 

portions of areas in Maryland. Under 

section 182 of the CAA, states must 

review and revise the RACT 

requirements in their SIP to ensure that 

these requirements would still be 

considered RACT under the new, more 

stringent NAAQS. Major stationary 

sources of ozone precursor emissions 

located in ozone nonattainment areas 

classified as moderate and above (and 

sources located in the Ozone Transport 

Region (OTR), of which the entire state 

of Maryland is a part) are subject to 

RACT requirements. See sections 

182(b)(2) and 184(b)(2) of the CAA. 

Section 182(f) of the CAA specifically 

requires RACT for major stationary 

sources of NOX.2 The cement kilns in 

Maryland are major stationary sources 

of NOX and are therefore required to be 

evaluated for NOX RACT under the 2008 

ozone NAAQS. 

B. Repeal of NOX Budget Trading 

Program Requirements Under the NOX

SIP Call 

In October 1998, EPA finalized the 

‘‘Finding of Significant Contribution 

and Rulemaking for Certain States in the 

Ozone Transport Assessment Group 

Region for Purposes of Reducing 

Regional Transport of Ozone’’— 

commonly called the NOx SIP Call. The 

NOx SIP Call was designed to mitigate 

significant transport of NOX, one of the 

precursors of ozone. The NOX Budget 

Trading Program was established under 

the NOX SIP Call to allow electric 

generating units (EGUs) greater than 25 

megawatts and industrial non-electric 

generating units (or non-EGUs) with a 

rated heat input greater than 250 million 

British thermal units per hour (MMBtu/ 

hr) (referred to as large non-EGUs) to 

participate in a regional NOX cap and 

trade program.3 The NOX SIP call also 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
52260 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 

states. Each allowance equaled one ton of NOx, and 

allowances could be traded among sources. To 

comply, sources were required to hold enough 

allowances to cover their NOX emissions during the 

ozone season. 

4CAIR was subsequently vacated and remanded. 

See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified by 550 F.3d 1176 (remanding 

CAIR). CAIR was replaced with the Cross-State Air 

Pollution Rule (CSAPR) (76 FR 48208, August 8, 

2011), which, after legal challenges, was 

implemented starting in January 2015. 

5The NOX SIP Call requirements applicable to 

large non-EGUs that were previously in COMAR 

26.11.29 are now addressed in Maryland regulation 

COMAR 26.11.14—Control of Emissions from Kraft 

Pulp Mills, which MDE submitted to EPA as a 

separate SIP revision submittal. See rulemaking 

docket EPA–R03–OAR–2016–0054 for Maryland 

submittal #14–04 dated October 8, 2014. EPA 

approved the submittal on July 17, 2017 (82 FR 

32641). 

6The NOX limits adopted in Maryland’s July 10, 

2015 rulemaking were based on the 2007 ‘‘Ozone 

Transport Commission (OTC) Technical Support 

Document on Identification and Evaluation of 

Candidate Control Measures,’’ which was included 

in the State’s submission and is available in the 

docket for this proposed rulemaking action and 

online at www.regulations.gov. 

7 40 CFR 97 Appendix C established Maryland’s 

large non-EGU budget as 1013 tons. The kraft pulp 

mill was allocated 947 tons, with the remainder of 

established NOX reduction requirements 

for other non-EGUs that were not a part 

of the NOX Budget Trading Program, 

including cement kilns and stationary 

IC engines. 

EPA discontinued administration of 

the NOX Budget Trading Program in 

2009 upon the start of the Clean Air 

Interstate Rule (CAIR) trading 

programs.4 The NOX SIP Call 

requirements continued to apply, and 

EGUs that were previously trading 

under the NOX Budget Trading Program 

continued to meet NOX SIP Call 

requirements under the more stringent 

requirements of the CAIR ozone season 

trading program. Certain large nonEGUs were not addressed in CAIR. 

Therefore, states needed to assess their 

state requirements and take regulatory 

action as necessary to ensure that all 

their non-EGU obligations continued to 

be met. 

Maryland regulations, COMAR 

26.11.29—NOX Reduction Requirements 

and Trading Program and COMAR 

26.11.30—Policies and Procedures 

Relating to Maryland’s NOX Reduction 

and Trading Program, were previously 

approved into the Maryland SIP to 

implement the NOX Budget Trading 

Program and allowed EGUs and large 

non-EGUs in the state to participate in 

the regional NOX cap and trade program 

established under EPA’s NOX SIP Call. 

COMAR 26.11.29 also included NOX

reductions, monitoring, and 

recordkeeping requirements for cement 

kilns and IC engines. After EPA 

discontinued the NOX Budget Trading 

Program under the NOX SIP Call, 

Maryland’s EGU obligations under the 

NOX SIP Call continued to be addressed 

in Maryland regulation COMAR 

26.11.28—Clean Air Interstate Rule. 

However, in order to fill the gap for 

large non-EGUs created by the 

discontinuance of the NOX Budget 

Trading Program upon implementation 

of CAIR and then CSAPR, Maryland 

needed to take regulatory action to 

address NOX reduction requirements for 

its large non-EGUs. Maryland originally 

addressed these requirements for large 

non-EGUs as part of its regulation for 

kraft pulp mills, and submitted 

revisions to that regulation as a separate 

SIP revision, for which EPA took 

separate rulemaking action.5 However, 

Maryland has identified additional large 

non-EGUs that are subject to the NOX

SIP Call at two sources, and is now 

required to take regulatory action to reallocate the budget to cover both 

existing and new units. MDE is in the 

process of developing a new regulation 

to re-allocate the budget to include all 

units that are subject to the NOX SIP 

Call. 

The action in this notice pertains only 

to the cement kiln and IC engine 

provisions, which were previously 

approved in COMAR 26.11.29 to 

address NOX SIP Call requirements. 

II. Summary of SIP Revision and EPA 

Analysis 

Maryland’s submittal explained that 

NOX RACT for cement kilns, which are 

major stationary sources of NOX subject 

to RACT requirements, was established 

consistent with the Ozone Transport 

Commission (OTC) recommended RACT 

requirements for the 2008 ozone 

NAAQS. The 2007 OTC Technical 

Support Document on Identification 

and Evaluation of Candidate Control 

Measures 6 (OTC TSD) recommended 

NOX emission rates for cement kilns 

based on applying a 60 percent 

reduction to uncontrolled emissions. 

There are two cement kilns in 

Maryland—a long, dry kiln in 

Washington County (Lehigh Cement 

Company) and a pre-calciner kiln in 

Carroll County (Holcim Cement Plant). 

Revised COMAR 26.11.30 establishes a 

limit of 3.4 pounds (lbs) of NOX per ton 

of clinker (lbs NOX/ton of clinker) for 

long, dry kilns, and 2.4 lbs NOX/ton of 

clinker for pre-calciner kilns. It defines 

a pre-calciner kiln as a ‘‘cement kiln 

that contains a pre-calciner at the 

bottom of the pre-heater tower before 

the materials enter the kiln,’’ and is 

commonly referred to as a pre-heater/ 

pre-calciner kiln. 

In its November 24, 2015 submittal, 

MDE stated that the NOX emission rates 

for cement kilns are consistent with the 

OTC recommendations for cement kilns, 

and on February 17, 2017, MDE 

provided additional clarification on the 

justification for the NOX RACT limits 

for the cement kilns. As part of its 

submittal, MDE also provided an 

estimate of costs to comply with the 

revised NOX rates for cement kilns, 

including the costs to install selective 

non-catalytic reduction (SNCR) controls 

to meet the more stringent NOX rate 

limits required by its May 21, 2010 

regulatory action and the additional 

costs to increase the amount of reagent 

used in the SNCR to meet the 

requirements in its July 10, 2015 action 

further lowering the NOX emission rate. 

EPA agrees with Maryland’s 

determination of NOX RACT for cement 

kilns for the 2008 ozone NAAQS, based 

on our analysis of the cost effectiveness 

associated with installation of SNCR, 

the cost effectiveness for additional 

operating costs for the increase in 

ammonia use, as well as the 

technological considerations involved 

with further increasing the amount of 

ammonia used. A more detailed 

discussion of the NOX RACT limits for 

the cement kilns and EPA’s analysis is 

provided in the technical support 

document (TSD) for this action, 

available in the docket for this 

rulemaking at www.regulations.gov. 

The November 24, 2015 SIP revision 

submittal also included several state 

regulatory actions for inclusion into the 

Maryland SIP. On May 21, 2010, 

Maryland repealed COMAR 26.11.29 

and COMAR 26.11.30, with a State 

effective date of May 31, 2010. The 

requirements for large non-EGUs, 

cement kilns, and IC engines pursuant 

to the NOX SIP Call continue to apply, 

as noted previously. Therefore, 

Maryland recodified certain portions of 

the Portland cement plant and natural 

gas compression station provisions 

(formerly found at COMAR 26.11.29.15) 

into new COMAR 26.11.29 (with a State 

effective date of July 20, 2015), retitled 

NOX Reduction Requirements for NonElectric Generating Units. The cement 

kiln provisions necessary to address the 

NOX SIP Call requirements were revised 

to add a compliance date of April 1, 

2017 for the existing NOX emission rate 

limits in the regulation and to remove 

an alternative control method. 

COMAR 26.11.30 formerly included 

large non-EGUs as participants in the 

NOX Reduction and Trading Program 

and established an ozone season 

allocation of 947 tons of NOX for the 

large non-EGUs at the only kraft pulp 

mill located in Maryland.7 With repeal 


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Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 52261 

the budget reserved in a set-aside account for 

allocation to new sources. 8The NOX SIP Call requirements applicable to 

large non-EGUs that were previously in COMAR 

26.11.30 are now addressed in Maryland regulation 

COMAR 26.11.14—Control of Emissions from Kraft 

Pulp Mills, which was submitted to EPA as a 

separate SIP revision submittal, and for which EPA 

is taking separate action. See rulemaking docket 

EPA–R03–OAR–2016–0054 for Maryland submittal 

#14–04 dated October 8, 2014. 

of the NOX Reduction and Trading 

Program, Maryland modified its kraft 

pulp mill regulation in COMAR 

26.11.14.07 to limit NOX emissions from 

fuel burning equipment at kraft pulp 

mills to 947 tons per year (matching the 

ozone season allocation formerly in 

COMAR 26.11.30).8 While this 

addresses the State’s current reduction 

requirements for large non-EGUs, if a 

new large non-EGU locates in the State 

at an existing or new kraft pulp mill, 

Maryland would be required to 

demonstrate that it is still meeting its 

federal NOX SIP Call requirements. If a 

new large non-EGU locates in the state 

at a source other than a pulp mill, MDE 

must take regulatory action to reallocate the non-EGU budget to cover all 

large non-EGUs in the State, and require 

40 CFR part 75 monitoring for the new 

non-EGU. 

On July 10, 2015, Maryland made 

some additional regulatory 

modifications to both COMAR 26.11.29 

and 26.11.30. COMAR 26.11.29 was 

revised to include only the provisions 

pertaining to IC engines and retitled 

Control of NOX Emissions from Natural 

Gas Pipeline Compression Stations. The 

provisions for Portland cement 

manufacturing plants were removed 

from COMAR 26.11.29 and recodified 

and consolidated with the requirements 

for cement kilns, which were previously 

scattered among other COMAR 

regulations, into new COMAR 

26.11.30—Control of Portland Cement 

Manufacturing Plants (with a State 

effective date of July 20, 2015). New 

COMAR 26.11.30 consolidates previous 

SIP approved requirements for PM, 

NOX, sulfur dioxide (SO2), and visible 

emissions that apply to Portland cement 

manufacturing plants. 

COMAR 26.11.30 also now contains 

revised provisions pertaining to PM 

monitoring requirements. The SIP 

currently requires compliance with the 

PM emission limits by stack tests using 

Method 5 or 5I of 40 CFR part 60. The 

revision to COMAR 26.11.30 aligned the 

PM emissions monitoring requirements 

with the monitoring requirements 

applicable under the National Emission 

Standards for Hazardous Air Pollutants 

from the Portland Cement 

Manufacturing Industry, 40 CFR part 63, 

subpart LLL (Portland cement NESHAP) 

(78 FR 10006, February 12, 2013). The 

revision requires performance testing 

using Method 5 or 5I to establish the 

parameter to be monitored by the PM 

continuous parametric monitoring 

system (CPMS). The PM CPMS will 

demonstrate continuing compliance 

with the PM emission limits established 

in COMAR 26.11.30.04. As explained in 

more detail in EPA’s TSD, the revision 

strengthens the SIP by the addition of 

PM CPMS, and is at least as stringent as 

the monitoring requirements for PM 

previously approved in the Maryland 

SIP for cement kilns. 

COMAR 26.11.30 also allows cement 

kilns the option of using PM CPMS for 

monitoring visible emissions in lieu of 

a continuous opacity monitor (COM) 

when a PM CPMS is installed and 

operated as specified in the rule. In the 

Portland cement NESHAP, in 

disagreeing with industry commenters 

who stated a preference for COMs, EPA 

explained that ‘‘PM CPMS has a clear 

advantage in low PM concentration 

measurement over continuous opacity 

monitoring systems’’ and that ‘‘the 

CPMS is considerably more sensitive 

than an opacity monitor or bag leak 

detector at detecting fluctuations in PM 

level.’’ The revision in COMAR 26.11.30 

allowing the use of PM CPMS in lieu of 

COMs is approvable under section 110 

of the CAA for the reasons noted above 

and as discussed in EPA’s TSD. EPA 

does not expect it to interfere with 

attainment of any of the NAAQS, with 

reasonable further progress, or with any 

other CAA requirement. 

Finally, the November 24, 2015 

submittal proposed to remove from the 

Maryland SIP former COMAR 

provisions which implemented EPA’s 

NOX Budget Trading Program under the 

NOX SIP Call as discussed in detail in 

EPA’s TSD for this rulemaking. EPA’s 

NOX Budget Trading Program under the 

NOX SIP Call is obsolete as it was 

replaced by CAIR, which was 

subsequently replaced by CSAPR in 

2015 and the CSAPR Update in 2017. 

Therefore, the removal of the NOx 

Budget Trading Program requirements 

from the Maryland SIP that were 

formerly in COMAR 26.11.29 and .30 

does not impact any of the NAAQS, 

reasonable further progress or any other 

CAA requirements as those NOX

reductions now are achieved through 

the CSAPR Update, and the removal is 

thus approvable under section 110(l) of 

the CAA. 

EPA’s TSD prepared for this proposed 

rulemaking action provides further 

detail on Maryland’s submittal and 

EPA’s analysis of Maryland’s SIP 

revision submittal. EPA’s TSD is 

available in the docket for this 

rulemaking action and online at 

www.regulations.gov. 

III. Proposed Action 

EPA is proposing to approve 

Maryland’s November 24, 2015 SIP 

revision submittal, as clarified by its 

February 17, 2017 letter, pursuant to 

sections 110, 182 and 184 of the CAA. 

EPA’s review of this material indicates 

that Maryland’s November 24, 2015 

submittal, as clarified by its February 

17, 2017 letter, is approvable as it meets 

requirements for NOX RACT for cement 

kilns for the 2008 ozone NAAQS under 

sections 110, 182 and 184 of the CAA. 

EPA is also proposing to approve the 

Maryland SIP submittal which includes 

removal of regulations related to the 

NOX Reduction and Trading Program 

under the NOX SIP Call as that trading 

program is no longer operating as it has 

been replaced by the CSAPR Update as 

noted previously. Thus, the Maryland 

regulations in the SIP which addressed 

the NOX Reduction and Trading 

Program no longer provide emission 

reductions. Additionally, EPA is 

proposing to approve as part of the SIP 

Maryland’s revised COMAR regulations 

that recodified certain requirements 

applicable to Portland cement 

manufacturing plants and natural gas 

compression stations and added new 

requirements for Portland cement plants 

and natural gas compression stations 

which are SIP strengthening under 

section 110 of the CAA. Finally, EPA is 

proposing to approve a new regulatory 

provision for inclusion in the Maryland 

SIP which creates new emission and 

monitoring requirements for cement 

kiln emissions as the new provision will 

strengthen the Maryland SIP and is 

approvable under section 110 of the 

CAA. EPA is taking comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Incorporation by Reference 

In this proposed rulemaking action, 

EPA is proposing to include in a final 

EPA rule, regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the revisions to 

COMAR 26.01.10, COMAR 26.11.09.08, 

COMAR 26.11.29 and COMAR 26.11.30 

as described in this proposed 

rulemaking action. These documents are 

available electronically through 

www.regulations.gov and/or may be 

viewed at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 


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52262 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 

V. Statutory and Executive Order 

Reviews 

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 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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). 

This rulemaking action proposing to 

approve NOX RACT for cement kilns for 

the 2008 ozone NAAQS; to remove 

Maryland’s NOX Reduction and Trading 

Program regulations under the NOX SIP 

Call; and to include revised and 

recodified provisions for natural gas 

compression stations and Portland 

cement manufacturing plants in 

Maryland regulations COMAR 26.11.29 

and COMAR 26.11.30 respectively, does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000). This is due to the 

fact that this SIP does not apply to 

Indian country, and therefore will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: October 25, 2017. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2017–24536 Filed 11–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2016–0078; 

4500030113] 

RIN 1018–BB64 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for Chorizanthe parryi var. fernandina 

(San Fernando Valley Spineflower) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

that a Candidate Conservation 

Agreement (CCA) has been prepared for 

Chorizanthe parryi var. fernandina (San 

Fernando Valley spineflower). The CCA 

was developed as a collaborative effort 

between the Newhall Land and Farming 

Company (Newhall Land), a California 

limited partnership, and the Service to 

implement conservation measures for 

the species. With the release of the CCA, 

we are reopening for an additional 30 

days the comment period on the 

proposed rule to list C. parryi var. 

fernandina as a threatened species. We 

will submit a final listing determination 

to the Federal Register on or before 

March 15, 2018. 

DATES: The comment period for the 

proposed rule that published September 

15, 2016, at 81 FR 63454 is reopened. 

We will accept comments received or 

postmarked on or before December 13, 

2017. If you comment using the Federal 

eRulemaking Portal (see ADDRESSES), 

you must submit your comments by 

11:59 p.m. Eastern Time on the closing 

date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. In the 

Search box, enter the docket number for 

this proposed rule, which is FWS–R8– 

ES–2016–0078. Then click on the 

Search button. You may submit a 

comment by clicking on ‘‘Comment 

Now!’’ Please ensure that you have 

found the correct rulemaking before 

submitting your comment. 

(2) U.S. mail or hand delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–R8–ES–2016–0078; U.S. Fish and 

Wildlife Service, MS: BPHC; 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

FOR FURTHER INFORMATION CONTACT: 

Stephen P. Henry, Field Supervisor, 

U.S. Fish and Wildlife Service, Ventura 

Fish and Wildlife Office, 2493 Portola 

Road, Ventura, CA 93003; telephone 

805–644–5763; facsimile 805–644–3958. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 15, 2016, we published 

a proposed rule (81 FR 63454) to add 

Chorizanthe parryi var. fernandina as a 

threatened species to the List of 

Endangered and Threatened Plants 

under the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). That proposal had a 60-day 

comment period, ending November 16, 

2016. For a description of previous 

Federal actions concerning C. parryi var. 

fernandina, please refer to the 

September 15, 2016, proposed listing 

rule (81 FR 63454). On July 19, 2017, 

the Service announced a 6-month 

extension of the final determination of 

whether to list the species as a result of 

scientific disagreement and uncertainty 

(82 FR 33036), and reopened an 

additional 30-day comment period. 

Newhall Land and the Service have 

developed a CCA to provide additional 

conservation measures for Chorizanthe 

parryi var. fernandina. The CCA 

provides for Newhall Land to 

voluntarily implement additional 

conservation measures described in the 

San Fernando Valley Spineflower 

Enhancement and Introduction Plan 

(Introduction Plan) with the goal of 

enhancing the status of the species. The 

Introduction Plan provides for Newhall 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS