[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Rules and Regulations]
[Pages 20808-20810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0309; FRL-9993-31-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; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects an error in the Environmental 
Protection Agency (EPA) rule language of the March 28, 2018 final rule 
pertaining to oxides of nitrogen (NOX) and Reasonably 
Available Control Technology (RACT), submitted by the State of 
Maryland.

DATES: This final correcting amendment is effective on May 13, 2019.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2308. Ms. Powers can also be reached via electronic mail at 
powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: On March 28, 2018, (83 FR 13192), EPA 
published a final rulemaking action announcing approval of several 
amendments to the Code of Maryland Regulations (COMAR) into the 
Maryland SIP. The amendments included (but were not limited to): (1) 
NOX RACT for cement kilns for the 2008 ozone national 
ambient air quality standards (NAAQS); (2) the removal of obsolete 
provisions related to the NOX Budget Trading Program; and 
(3) amendments to the requirements for Portland cement plants and 
natural gas compressor stations.
    In the final rulemaking, EPA inadvertently omitted COMAR 
26.11.29.05 from the regulations incorporated by reference into the 
Code of Federal Regulations at 40 CFR 52.1070. The intent of the rule 
was to incorporate COMAR 26.11.29 in its entirety, consistent with 
Maryland's November 24, 2015 submittal, as well as EPA's original 
analysis of the submittal.\1\ This document corrects the erroneous 
omission.
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    \1\ See Technical Support Document at 6, in the docket for the 
original rulemaking action.
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    In the final rulemaking document published in the Federal Register 
on March 28, 2018 (83 FR 13192), on page 13195, in the second and third 
columns, the revised rule language should have read--``d. Adding the 
subheading ``26.11.29 Control of NOX Emissions from Natural 
Gas Pipeline Stations'' and the entries ''26.11.29.01'' through 
``26.11.29.05''.'' Additionally, the table in paragraph (c) of section 
52.1070, under the newly-added heading ``26.11.29 Control of 
NOX emissions from Natural Gas Pipeline Stations'' should 
have included COMAR 26.11.29.05.

Need for Correction

    As published, the final rule failed to fully incorporate Maryland's 
proposed SIP revision as it was submitted and as EPA intended to 
approve. Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making this rule final without prior proposal 
and opportunity for comment because we are merely correcting an 
incorrect citation in a previous action which underwent notice and 
comment rulemaking. Thus, notice and public procedure are unnecessary. 
EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

[[Page 20809]]

Corrections of Publication

    In this Final rule: Correction, EPA is amending 40 CFR 52.1070 to 
incorporate COMAR 26.11.29.05 by reference, as was initially intended.

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 revisions 
to Maryland regulations at COMAR 26.11.29 as discussed in this final 
action, and EPA's original, May 28, 2018 final action (83 FR 13192). 
EPA has made, and will continue to make, these materials generally 
available through http://www.regulations.gov and 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.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a significant regulatory action and is therefore 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). Because the 
agency has made a good cause finding that this action is not subject to 
notice-and-comment requirements under the Administrative Procedures Act 
or any other statute as indicated in the Supplementary Information 
section above, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4). In addition, this action does not significantly 
or uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. 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 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; 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. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq).
    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 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of May 13, 
2019. EPA will submit a report containing this rule 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. This correction to 40 CFR 52.1070 for 
Maryland is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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.

    Dated: April 25, 2019.
Cosmo Servidio,
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 adding 
the entry ``26.11.29.05'' in numerical order to read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (c) * * *

[[Page 20810]]



                Epa--Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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      Code of Maryland                                   State                                   Additional
 Administrative Regulations      Title/subject         effective      EPA approval date    explanation/ citation
      (COMAR) citation                                   date                                at 40 CFR 52.1100
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                      26.11.29 Control of NOX Emissions From Natural Gas Pipeline Stations
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                                                  * * * * * * *
26.11.29.05................  Maintaining Records..       7/20/2015  3/28/2018, 83 FR       .....................
                                                                     13192.
 
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[FR Doc. 2019-09336 Filed 5-10-19; 8:45 am]
 BILLING CODE 6560-50-P


