[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Proposed Rules]
[Pages 42624-42627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18276]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0490; FRL-9982-74--Region 3]


Air Plan Approval; Maryland; Continuous Opacity Monitoring 
Requirements for Municipal Waste Combustors and Cement Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland (SIP Revision 16-04). This revision pertains to 
clarifying continuous opacity monitoring requirements and visible 
emission standards for municipal waste combustors (MWCs) and Portland 
cement plants. This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before September 24, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0490 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted,

[[Page 42625]]

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: Maria A. Pino, (215) 814-2181, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On May 10, 2016, the Maryland Department of 
the Environment (MDE) submitted a revision to its SIP to clarify 
visible emissions (VE) and continuous opacity monitor (COM) 
requirements for MWCs and Portland cement plants. On February 28, 2018, 
MDE submitted to EPA a clarification letter from MDE Secretary Ben 
Grumbles to EPA Regional Administrator Cosmo Servidio, withdrawing 
definitions for continuous burning and operating time, COMAR 
26.11.01.01B(8-1) and (27-1), respectively. EPA acknowledged the 
withdrawal in a letter dated June 20, 2018 from EPA Region 3 Air 
Protection Division Director, Cristina Fernandez to MDE Secretary Ben 
Grumbles. That portion of the submittal is longer pending before EPA.

I. Background

    The revision consists of amendments to Regulation .10 under COMAR 
26.11.01, General and Administrative Provisions, and Regulation .04 
under COMAR 26.11.08, Control of Incinerators. These amendments clarify 
requirements for MWCs and Portland cement plants that demonstrate 
compliance with VE standards through use of continuous opacity monitors 
(COMs). Following the initial revision, MDE withdrew the definitions 
for continuous burning and operating time, COMAR 26.11.01.01B(8-1) and 
(27-1) respectively, as amendments to Regulation .10 under COMAR 
26.11.01, from EPA's consideration for inclusion into Maryland's SIP. 
MDE is in the process of repealing these definitions under a separate 
rulemaking. This will ensure consistency between MDE's state 
regulations and Maryland's federally enforceable SIP.

II. Summary of SIP Revision and EPA Analysis

A. Amendments to COMAR 26.11.01.10, Continuous Opacity Monitoring 
Requirements

    1. Under COMAR 26.11.01.10A, Applicability and Exceptions, MDE had 
added a new section, numbered 6 (COMAR 26.11.01.10A(6)). This new 
section 6 requires sources that cannot comply with VE limits to request 
approval of alternate VE limits following the recommendations at 80 FR 
33980. Alternative limits must be approved by MDE and then submitted to 
EPA for approval into the Maryland SIP. This amendment to the Maryland 
SIP is acceptable to EPA, as it complies with EPA's requirements for 
alternative limits at 80 FR 33980 and requires EPA's approval of any 
alternate VE limits into the Maryland SIP.
    2. Under COMAR 26.11.01.10B, General Requirements for COMs, section 
3 (COMAR 26.11.01.10B(3)) is amended to clarify that a COM must comply 
with the applicable requirements in 40 CFR part 51, appendix P in its 
entirety. The previous SIP-approved section 3 specified that the only 
requirements in 40 CFR part 51, appendix P that applied were sections 
3.3-3.9. This amendment is acceptable to EPA, as 40 CFR part 51, 
appendix P, Minimum Emission Monitoring Requirements, sets out the 
minimum requirements for continuous emission monitoring and recording.
    3. Under COMAR 26.11.01.10B, General Requirements for COMs, MDE 
added a new section 5 to clarify COM requirements for the owners and 
operators of cement kilns and clinker coolers that are operating a 
COMs.
     New subsection 5a (COMAR 26.11.01.10B(5)(a)) states that 
owners and operators of cement kilns or clinker coolers may not cause 
or permit the discharge of emissions which exceed the visibility 
standards in COMAR 26.11.30.05B, Visible Emission Standards, which is 
already approved into the Maryland SIP. This new subsection is simply 
clarifying existing, SIP-approved requirements. Therefore, this 
amendment is approvable.
     New subsection 5b (COMAR 26.11.01.10B(5)(b)) states that 
visibility standards in COMAR 26.11.30.05B(1) and (2) do not apply to 
emissions as specified in COMAR 26.11.06.02A(2) during EPA reference 
Method 9 observations. COMAR 26.11.06.02A(2) is already approved into 
the Maryland SIP. This new subsection is clarifying existing, SIP-
approved requirements. Therefore, this amendment is approvable.
     The new subsection 5c (COMAR 26.11.01.10B(5)(c)) clarifies 
a requirement in COMAR 26.11.30.05B(2), which prohibits VE ``visible to 
human observers.'' New subsection 5c specifies that, when a cement kiln 
or clinker cooler is using a COM, VE ``visible to a human observer'' 
are equal to or greater than 10 percent opacity. This interpretation of 
``not visible to human observers'' was previously SIP-approved in 
Maryland's ``Technical Memorandum 90-01 Continuous Emission Monitoring 
(CEM) Policies and Procedures'' (TM 90-01), which established 
Maryland's policy for state enforcement of Maryland's CEM requirements 
found in COMAR 26.11.01.10 and 26.11.01.11. As stated on page four of 
TM 90-01, ``The Department has determined that a human observer will 
report an opacity of between zero and 10 percent as no visible 
emissions.'' TM 90-01 is available for reference in the docket for this 
rulemaking, Docket ID No. EPA-R03-OAR-2018-0490, at http://www.regulations.gov. EPA approved TM 90-01 into the Maryland's SIP on 
February 28, 1996. See 61 FR 7418. However, over the course of several 
years, MDE decided to directly incorporate certain requirements 
contained in TM 90-01 into the text of Maryland's regulations instead 
of merely referring to TM 90-01 in the regulatory text and discontinued 
the use of TM 90-01. In a series of rulemakings, MDE incorporated 
provisions from TM 90-01 into Maryland's COMAR regulations and removed 
references to TM 90-01 from the SIP. An earlier SIP revision, 
Maryland's SIP Revision #15-05, submitted on November 24, 2015 and 
clarified and amended on February 26, 2016, included, among other 
amendments, revisions to COMAR 26.11.01.10 that removed references to 
TM 90-01. EPA approved Maryland's SIP Revision #15-05 on November 7, 
2016 (81 FR 78048). Maryland's SIP Revision #16-04, the subject of this 
rulemaking, moved the interpretation of ``not visible to a human 
observer'' from TM 90-01 into COMAR 26.11.01.10B(5)(c) and 
26.11.01.10B(6)(b). SIP Revision #16-05, which Maryland also submitted 
on May 10, 2016, removed references to TM 90-01 for MWCs in COMAR 
26.11.08.08.

[[Page 42626]]

On May 31, 2018 (83 FR 24940), EPA approved Maryland SIP Revision #16-
05. Because new subsection 5c is merely moving SIP-approved provisions 
from discontinued TM 90-01 into Maryland's COMAR regulations, this 
amendment is approvable.
     The new subsection 5d (COMAR 26.11.01.10B(5)(d)) clarifies 
that for owners or operators of cement kilns or clinker coolers 
operating COMs, compliance with VE standards is achieved if visible 
emissions do not exceed the applicable VE limitations in 
26.11.30.05B(1) or (2), as applicable. This new subsection is 
clarifying existing, SIP-approved requirements. Therefore, this 
amendment is approvable.
     The new subsection 5e (COMAR 26.11.01.10B(5)(e)) states 
that MDE may determine compliance with VE limits by performing EPA 
Method 9 observations, notwithstanding the requirements of 
26.11.01.10B(5)(a)-(d). Method 9 is an approved EPA test method for VE 
compliance. Therefore, this amendment is approvable.
     New subsection 5f (COMAR 26.11.01.10B(5)(f)) requires 
owners and operators of cement kilns or clinker coolers operating COMs 
to meet the quality assurance requirements under COMAR 26.11.31, 
Quality Assurance Requirements for Continuous Opacity Monitors (COMs). 
COMAR 26.11.31 is approved into the Maryland SIP. See 81 FR 78048. This 
new subsection is clarifying existing, SIP-approved requirements. 
Therefore, this amendment is approvable.
    4. Under COMAR 26.11.01.10B, General Requirements for COMs, MDE 
added a new section 6 to clarify COM requirements for the owners and 
operators of MWCs that are required to install and operate a COMs.
     New subsection 6a (COMAR 26.11.01.10B(6)(a)) states that 
owners and operators of MWCs may not cause or permit the discharge of 
emissions which exceed the visibility standards in COMAR 26.11.08.04 as 
determined by EPA Method 9 observations. COMAR 26.11.08.04, Control of 
Incinerators, Visible Emissions, is approved into the Maryland SIP and, 
as previously stated, Method 9 is an EPA approved method for 
determining compliance with VE standards. COMAR 26.11.08.01 defines 
incinerators to include those burning municipal waste, i.e., MWCs. This 
amendment is clarifying the standards for MWCs. Therefore, this 
amendment is approvable.
     COMAR 26.11.08.04A(2) prohibits discharge of emissions 
from any hazardous waste incinerator that are ``visible to human 
observers.'' New subsection 6b (COMAR 26.11.01.10B(6)(b)) clarifies 
that, when using a COM, VE ``visible to [a] human observer[s]'' are 
equal to or greater than 10 percent opacity for the purpose of 
determining compliance with COMAR 26.11.08.04. COMAR 26.11.08.04 is 
already SIP-approved. As stated previously in this notice (in EPA's 
discussion of COMAR 26.11.0110B(5)(c)), this interpretation of ``not 
visible to human observers'' was previously SIP-approved on page four 
of TM 90-01. Because new subsection 6b is merely moving SIP-approved 
provisions from discontinued TM 90-01 into Maryland's COMAR 
regulations, this amendment is approvable.
     New subsection 6c (COMAR 26.11.01.10B(6)(c)) clarifies 
that for owners and operators of MWCs required to install and operate a 
COM, compliance with VE standards is achieved if VE do not exceed 10 
percent opacity for a 6-minute block average during the unit's 
operating time. This 10 percent VE limit with a 6-minute average is 
consistent with the previously SIP-approved interpretation of ``not 
visible to human observers'' in TM 90-01 and the VE limits in EPA's 
NSPS for MWCs at 40 CFR 60.52a(b) and 60.52b(a)(2). Therefore, this 
amendment is approvable.
     New subsection 6d (COMAR 26.11.01.10B(6)(d)) states that, 
notwithstanding the requirements in section B(6)(a)-(c), MDE may 
determine compliance with VE limits by performing EPA Method 9 
observations. EPA reference Method 9--Visual Determination of the 
Opacity of Emissions from Stationary Sources Observations, found in 
appendix A-4 to 40 CFR part 60, is an approved EPA test method for VE 
compliance. Therefore, this amendment is approvable.
     New subsection 6e (COMAR 26.11.01.10B(6)(e)) requires 
owners and operators of MWCs operating COMs to meet the quality 
assurance requirements under COMAR 26.11.31, Quality Assurance 
Requirements for Continuous Opacity Monitors (COMs). COMAR 26.11.31 is 
approved into the Maryland SIP. This new subsection is clarifying 
existing, SIP-approved requirements. Therefore, this amendment is 
approvable.
    5. MDE has repealed COMAR 26.11.01.10F and is requesting its 
removal from the SIP. COMAR 26.11.01.10F required fuel burning 
equipment subject to the COM requirements in COMAR 26.11.09.05 and 
cement kilns subject to the COM requirements in COMAR 26.11.30 to meet 
the COM requirements contained in COMAR 26.11.31. COMAR 26.11.09.05, 
Visible Emissions, COMAR 26.11.30, Control of Portland Cement 
Manufacturing Plants, and COMAR 26.11.31, Quality Assurance 
Requirements for Continuous Opacity Monitors (COMs), are approved in 
the Maryland SIP. COMAR 26.11.31 is applicable to all source owners 
using COMs, as specified in COMAR 26.11.31.02. Thus, COMAR 26.11.01.10F 
is a redundant requirement. Therefore, removal from the SIP is 
approvable.

B. Amendments to COMAR 26.11.08, Control of Incinerators

    MDE added a new section D to Regulation .04, Visible Emissions, 
under COMAR 26.11.08 (COMAR 26.11.08.04D). This new section D clarifies 
that owners of MWCs required to install and operate COMs are subject to 
the requirements in COMAR 26.11.01.10, Continuous Opacity Monitoring 
Requirements. As discussed previously, the new provisions in COMAR 
26.11.01.10B(6) clarify COM requirements for the owners and operators 
of MWCs. This amendment clarifies existing, SIP-approved requirements 
by directing owners and operators of MWCs to COMAR 26.11.01.10 where 
the applicable COMs requirements are set out. Therefore, this amendment 
is approvable.

III. Proposed Action

    EPA's review of this material indicates that Maryland's amendments 
to Regulation .10 under COMAR 26.11.01, General and Administrative 
Provisions, and Regulation .04 under COMAR 26.11.08, Control of 
Incinerators, in Maryland's SIP Revision 16-04, related to COMs and VE 
requirements for cement plants and MWCs, clarify requirements in the 
existing Maryland SIP and are approvable. Therefore, EPA is proposing 
to approve Maryland's SIP Revision 16-04, which MDE submitted to EPA on 
May 10, 2016, except for the definitions of continuous burning and 
operating time that MDE withdrew from SIP Revision 16-04 on February 
28, 2018. EPA is soliciting public comments on the issues discussed in 
this document. These comments will be considered before taking final 
action.

IV. Incorporation by Reference

    In this proposed rule, 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, EPA is proposing to 
incorporate by reference MDE's amendments to Regulation .10 under COMAR 
26.11.01,

[[Page 42627]]

General and Administrative Provisions, and Regulation .04 under COMAR 
26.11.08, Control of Incinerators contained in SIP Revision 16-04. As 
described previously, the amendments to COMAR 26.11.01.10, Continuous 
Opacity Monitoring Requirements, are as follows: (1) Add a new section 
6 to COMAR 26.11.01.10A, Applicability and Exceptions; (2) amend 
section 3 under COMAR 26.11.01.10B, General Requirements for COMs; (3) 
add new sections 5 and 6 under COMAR 26.11.01.10B; and (4) remove COMAR 
26.11.01.10F, which has been repealed by the State. The amendment to 
COMAR 26.11.08, Control of Incinerators, consists of an addition of a 
new section D to Regulation .04, Visible Emissions. 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).

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 merely 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 proposed rule, proposing to approve Maryland SIP 
Revision 16-04, COMs requirements for MWCs and Cement Plants, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: August 9, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-18276 Filed 8-22-18; 8:45 am]
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