[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]
[Page 44027-44029]
[DOCID:fr03au06-45]

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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-8205-4]

California State Motor Vehicle Pollution Control Standards;
Waiver of Federal Preemption for Amendments to California's Exhaust
Emission Standards and Test Procedures for On-Road Motorcycles and
Motorcycle Engines; Notice of Decision

AGENCY: Environmental Protection Agency.

ACTION: Notice of Decision Regarding Waiver of Federal Preemption for
California Motorcycle Emission Standards.

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SUMMARY: The California Air Resources Board (CARB) requested that the
Environmental Protection Agency (EPA) confirm CARB's finding that
amendments to its on-road motorcycle and motorcycle engines exhaust
emission regulations, approved by CARB on October 22, 1999, are within
the scope of previous Clean Air Act Section 209(b) waivers of federal
preemption. Instead of confirming CARB's request that the amendments
are within the scope of a previously granted waiver of federal
preemption EPA is, by today's action, granting a full waiver of federal
preemption.

ADDRESSES: The Agency's Decision Document, containing an explanation of
the Assistant Administrator's decision, as well as all documents relied
upon in making that decision, including those submitted to EPA by CARB,
are contained in the public docket. The official public docket is the
collection of materials that is available for public viewing. The EPA
Docket Center Public Reading Room is open from 8:30 to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the Air and Radiation Docket is<PHONE_NUMBER>. The reference
number for this docket is EPA-HQ-OAR-2004-0486. The location of the
Docket Center is the Environmental Protection Agency, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, D.C. Copies
of the Decision Document for this determination can also be obtained by
contacting David Dickinson as noted below, or can be accessed on the
EPA's Office of Transportation and Air Quality Web site, also noted
below.

FOR FURTHER INFORMATION CONTACT: David Dickinson, Attorney-Advisor,
Certification and Compliance Division, (6405J), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Telephone:<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of Documents

    Electronic copies of this Notice and the accompanying Decision
Document are available via the Internet on the Office of Transportation
and Air Quality (OTAQ) Web site (http://www.epa.gov/OTAQ). Users can

find these documents by accessing the OTAQ Home Page and looking at the
path entitled ``Chronological List of All OTAQ Regulations.'' This
service is free of charge, except for any cost you already incur for
Internet connectivity. The official Federal Register version of the
Notice is made available on the day of publication on the primary Web
site (http://www.epa.gov/docs/fedrgstr/EPA-AIR/).

    Please note that due to differences between the software used to
develop the documents and the software into which the documents may be
downloaded, changes in format, page length, etc. may occur.
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2004-0486. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,

some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy at the Docket Center noted above.

II. Determination

    I have determined that CARB's amendments to its on-highway
motorcycle and motorcycle engine regulations constitute new standards
and therefore require a new waiver of federal preemption rather than
confirmation that the amendments are within the scope of a prior waiver
issued under section 209(b) of the Clean Air Act (Act), 42 U.S.C.
7543(b), granted by EPA to CARB.\1\ The amendments to the regulations,
outlined in CARB's request letter \2\, and fully described in CARB's
submissions, provide for: (1) A combined level of hydrocarbon (HC) and
oxides of nitrogen (NOX) emissions as HC + NOX
for 2004 and subsequent model years (in comparison to the preexisting
on-road Class III motorcycle HC-only standard); (2) two tiers of
standard (Tier-1 and -2), with a Tier-1 standard of 1.4 g/km for HC +
NOX for model years 2004 through 2007 and a Tier-2 standard
of 0.08 for HC + NOX for model year 2008 and beyond; (3)
retention of corporate averaging for Class III engine families but an
addition of a not-to-exceed cap limit for each emission level from each
engine family; and (4) a new definition of ``small volume
manufacturer'' that applies in model year 2008 and beyond and
clarification of the definition for ``motorcycle engine.''
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    \1\ EPA previously granted CARB a waiver of federal preemption
for California's exhaust emission standards and test procedures for
1978 and subsequent model year motorcycles at 41 FR 44209 (October
7, 1976) and 43 FR 998 (January 5, 1978). EPA also confirmed that a
subsequent amendment to the HC exhaust standard for certain small
volume manufacturers for the 1982 model year was within the scope of
a previously granted waiver at 47 FR 23204 (May 27, 1982). Finally,
EPA also confirmed that CARB's HC exhaust standards for 1984 and
subsequent model year Class III motorcycles (280 cc and above) was
within the scope of a previously granted waiver at 53 FR 6195 (March
1, 1988). EPA also previously waiver federal preemption for
California's evaporative emission standards and test procedures for
motorcycles and confirmed subsequent amendments as within the scope
of previously granted waivers at 47 FR 1015 (January 8, 1982); 47 FR
23204 (May 27, 1982); 53 FR 6195 (March 1, 1988); and 53 FR 36116
(September 16, 1988).
    \2\ Docket entry EPA-HQ-OAR 2004-0486-0002, letter to EPA, from
CARB, dated June 18, 2003.
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    In a June 18, 2003 letter to EPA, CARB notified EPA of the above-
described amendments to its motorcycle regulations and asked EPA to
confirm that these amendments are within-the-scope of EPA's previous
waivers. EPA can make such a confirmation if certain conditions are
present. Specifically, if California acts to amend a previously waived
standard or accompanying enforcement procedure, the amendment may be
considered within-the-scope of a previously granted waiver provided
that it does not undermine California's determination that its
standards, in the aggregate, are as protective of public health and
welfare as applicable Federal standards, does not affect the
consistency with section 202(a) of the Act, and raises no new issues
affecting EPA's previous waiver.\3\
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    \3\ Decision Document accompanying scope of waiver determination
in 51 FR 12391 (April 10, 1986).
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    In its request letter, CARB stated that the amendments will not
cause the California standards, in the aggregate, to be less protective
of public health and welfare than the applicable Federal standards.
Regarding consistency with section 202(a), CARB stated that the
amendments do not raise any concerns of inadequate leadtime or
technological feasibility or impose any inconsistent certification
requirements (compared to the Federal requirements). Finally, CARB
stated that the amendments raise no new issues affecting the prior EPA
authorization determinations.
    Because EPA believed it possible that CARB's amendments do in fact
raise ``new issues'' as they impose new more stringent standards, EPA
offered the opportunity for a public hearing, and requested public
comments, on these new standards, as the Act requires us to do, by
publication of a Federal Register notice to such effect on November 21,
2005.\4\ There was no request for a public hearing, nor were any
comments received on the CARB standards at issue. Therefore, EPA has
made this

determination based on the information submitted by CARB in its
request.
---------------------------------------------------------------------------

    \4\ 70 FR 70073 (November 21, 2005).
---------------------------------------------------------------------------

    EPA's analysis finds that the criteria for granting a full waiver
have been met for these amendments. A full explanation of EPA's
decision is contained in a Decision Document which may be obtained from
EPA as noted above.
    My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce vehicles for sale in California. For
this reason, I hereby determine and find that this is a final action of
national applicability.
    Under section 307(b)(1) of the Act, judicial review of this final
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
October 2, 2006. Under section 307(b)(2) of the Act, judicial review of
this final action may not be obtained in subsequent enforcement
proceedings.
    As with past waiver decisions, this action is not a rule as defined
by Executive Order 12866. Therefore, it is exempt from review by the
Office of Management and Budget as required for rules and regulations
by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
    Finally, the Administrator has delegated the authority to make
determinations regarding waivers under section 209(b) of the Act to the
Assistant Administrator for Air and Radiation.

    Dated: July 27, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air and Radiation.
 [FR Doc. E6-12546 Filed 8-2-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36823-36827]
[FR Doc No: 2019-15655]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 205-3121; FRL-9992-15-Region 3]

Air Plan Approval; Maryland; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Maryland
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by the Maryland Department of the
Environment (MD DOE) and approved by EPA. This update affects the SIP
materials that are available for inspection at the EPA Regional Office.

DATES: This action is effective July 30, 2019.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. EPA requests that you email
the contact listed in the FOR FURTHER INFORMATION CONTACT section for
information about the availability of this material at EPA.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, Office of Air Program
Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is<PHONE_NUMBER>. Ms.
McCauley can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the Federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
with a specific effective date. The public is referred to the location
of the full text version should they want to know which measures are
contained in a given SIP. The information provided allows EPA and the
public to monitor the extent to which a state implements a SIP to
attain and maintain the NAAQS and to take enforcement action if
necessary.
    The SIP is a living document which a state revises as necessary to
address its unique air pollution problems. Therefore, EPA, from time to
time, must take action on SIP revisions containing new and/or revised
regulations as being part of the SIP. On May 22, 1997 (62 FR 27968),
EPA revised the procedures for incorporating by reference federally-
approved SIPs, as a result of consultations between EPA and the Office
of the Federal Register (OFR). The description of the revised SIP
document, IBR procedures and ``Identification of plan'' format is
discussed in further detail in the May 22, 1997 Federal Register
document.
    On November 29, 2004 (69 FR 69304), EPA published a document in the
Federal Register beginning the new IBR procedure for Maryland. On
February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11,
2008 (73 FR 12895), March 19, 2009 (74 FR 11647), August 22, 2011 (76
FR 52278), and May 30, 2017 (82 FR 24549) EPA published updates to the
IBR material for Maryland.
    Since the publication of the last IBR update, EPA has approved the
following regulatory changes to the following regulations, statutes,
and source-specific actions for Maryland:

A. Added Regulations

    1. Code of Maryland Administrative Regulations (COMAR) citation
26.11.01, General Administrative Provisions, <IP_ADDRESS>, Continuous
Emissions Monitoring.

    2. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, <IP_ADDRESS>, Control of NOX Emissions from Fuel
Burning Equipment.
    3. COMAR citation 26.11.19, Volatile Organic Compounds from
Specific Processes, <IP_ADDRESS>.1, Control of Volatile Organic Compound
Emissions from Fiberglass Boat Manufacturing.
    4. COMAR citation 26.11.29, Control of NOX Emissions
from Natural Gas Pipeline Stations, <IP_ADDRESS> through <IP_ADDRESS>.
    5. COMAR citation 26.11.30, Control of Portland Cement
Manufacturing Plants, <IP_ADDRESS> through <IP_ADDRESS>.
    6. COMAR citation 26.11.31, Quality Assurance Requirements for
Opacity Monitors (COMs), <IP_ADDRESS> through <IP_ADDRESS>.
    7. COMAR citation 26.11.38, Control of Nitrogen Oxide Emissions
From Coal-Fired Electric Generating Units, <IP_ADDRESS> through
<IP_ADDRESS>.
    8. COMAR citation 26.11.39, Architectural and Industrial
Maintenance (AIM) Coatings, <IP_ADDRESS> through <IP_ADDRESS>.
    9. COMAR citation 26.11.40, NOX Ozone Season Emission
Caps for Non-trading Large NOX Units, <IP_ADDRESS> through
<IP_ADDRESS>.
    10. In 40 CFR 52.1070(d), EPA approved State source specific
requirements were added for two facilities, including; Raven Power Fort
Smallwood LLC--Brandon Shores units 1 and 2, and H.A. Wagner units 1,
2, 3, and 4; and the National Gypsum Company (NGC).

B. Revised Regulations

    1. COMAR citation 26.11.01, General Administrative Provisions,
<IP_ADDRESS>, Definitions.
    2. COMAR citation 26.11.01, General Administrative Provisions,
<IP_ADDRESS>, Records and Information.
    3. COMAR citation 26.11.01, General Administrative Provisions,
<IP_ADDRESS>, Continuous Opacity Monitoring.
    4. COMAR citation 26.11.02, Permits, Approvals, and Registration,
<IP_ADDRESS>, Procedures for Denying, Revoking, or Reopening and
Revising a Permit or Approval.
    5. COMAR citation 26.11.02, Permits, Approvals, and Registration,
<IP_ADDRESS>, Procedures for Obtaining Permits to Construct Certain
Significant Sources.
    6. COMAR citation 26.11.02, Permits, Approvals, and Registration,
<IP_ADDRESS>, Procedures for Obtaining Approvals of PSD Sources and NSR
Sources, Certain Permits to Construct, Case-by-Case MACT Determinations
in Accordance with 40 CFR part 63, subpart B.
    7. COMAR citation 26.11.09, Control of Fuel Burning Equipment and
Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations, <IP_ADDRESS>, Control of NOX Emissions for
Major Stationary Sources.
    8. COMAR citation 26.11.10, Control of Iron and Steel Production
Installations, <IP_ADDRESS>, Control of Volatile Organic Compounds from
Iron and Steel Production Installations.
    9. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, <IP_ADDRESS>, Control of Volatile Organic Compounds.
    10. COMAR citation 26.11.14, Control of Emissions from Kraft Pulp
Mills, <IP_ADDRESS>, Control of NOX Emission from Fuel
Burning Equipment.
    11. COMAR citation 26.11.19, Volatile Organic Compounds from
Specific Processes, <IP_ADDRESS>, Control of Volatile Organic Compound
Emissions from Reinforced Plastic Manufacturing.

C. Removed Regulations

    1. COMAR citation 26.11.28, Clean Air Interstate Rule, <IP_ADDRESS>
through <IP_ADDRESS>.
    2. COMAR citation 26.11.29, NOX Reduction and Trading
Program, <IP_ADDRESS> through <IP_ADDRESS>.
    3. COMAR citation 26.11.30, Policies and Procedures Relating to
Maryland's NOX Reduction and Trading Program, <IP_ADDRESS>
through <IP_ADDRESS>.
    4. COMAR citation 26.11.33, Architectural Coatings, <IP_ADDRESS>
through <IP_ADDRESS>.
    5. In 40 CFR 52.1070(d), EPA approved the removal of state source
specific requirements for one facility; Constellation Power Source
Generation, Inc. Brandon Shores Units #1 & 2; Gould Street Unit #3;
H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside
Unit #4.

II. EPA Action

    In this action, EPA is announcing the update to the IBR material as
of December 26, 2018 for the State of Maryland, revising text within 40
CFR 52.1070(b), and, also correcting entries for previously approved
text within 40 CFR 52.1070(c) and (e). Also, within this IBR action,
EPA is making editorial changes to the format of the table in paragraph
(c) for clarity.

III. Good Cause Exemption

    EPA has determined that this rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
rule simply codifies provisions which are already in effect as a matter
of law in Federal and approved state programs. Under section 553 of the
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations and incorrect table
entries.

IV. Incorporation by Reference

    In this document, 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 previously
EPA approved regulations promulgated by the State of Maryland and
Federally effective prior to December 26 2018. EPA has made, and will
continue to make, these materials generally available through
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

A. General Requirements

    Under the Clean Air Act (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 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 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. 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of
the CAA pertaining to petitions for judicial review are not applicable
to this action. Prior EPA rulemaking actions for each individual
component of the Maryland SIP compilations had previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA sees no
need in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
update action for Maryland.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 29, 2019.
Cecil Rodrigues,
Acting 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. Section 52.1070 is amended by:
0
a. Revising paragraph (b);
0
b. In the table in paragraph (c):
0
i. Revising the column headings;
0
ii. Adding a centered heading before the center heading ``26.11.01
General Administrative Provisions'';
0
iii. Revising the entries for ``<IP_ADDRESS>'', ``<IP_ADDRESS>'',
``<IP_ADDRESS>'', ``<IP_ADDRESS>'', ``<IP_ADDRESS>'', ``<IP_ADDRESS>'',
``<IP_ADDRESS>'', and ``<IP_ADDRESS>-1''.
0
iv. Removing the entry for ``26.11.31'';
0
v. Adding a centered heading under the entry for ``<IP_ADDRESS>'';
0
vi. Removing the row under the entry for ``TM91-01 [Except Methods
1004A through E]''; and
0
vii. Adding a centered heading under the entry for ``TM91-01 [Except
Methods 1004A through E]''; and
0
c. In the table in paragraph (e), revising the second entry for ``2011
Base Year Emissions Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard'' and the entry for ``Regional Haze Five-
Year Progress Report.''
    The revisions and additions read as follows:

Sec.  52.1070   Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
26, 2018, was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Entries in paragraphs (c) and (d) of this section with the EPA
approval dates after December 26, 2018 for the State of Maryland, have
been approved by EPA for inclusion in the State implementation plan and
for incorporation by reference into the plan as it is contained in this
section, and will be considered by the Director of the Federal Register
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the following materials provided
by EPA at the addresses in paragraph (b)(3) of this section are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
the dates referenced in paragraph (b)(1) of this section.
    (3) Copies of the materials incorporated by reference into the
State implementation plan may be inspected at the Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. To obtain the material, please call the Regional
Office at<PHONE_NUMBER>. You may also inspect the material with an EPA
approval date prior to December 26, 2018 for the State of Maryland at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                          State                          Additional explanation/
            Citation                 Title/subject      effective    EPA approval date     citation at  40 CFR
                                                           date                                  52.1100
----------------------------------------------------------------------------------------------------------------
                               Code of Maryland Administrative Regulations (COMAR)
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>.....................  Records and            5/17/2010  11/7/2016, 81 FR     (c)(172) Administrative
                                   Information.                      78048.               changes to reporting
                                                                                and recordkeeping
                                                                                requirements.

                                                  * * * * * * *
<IP_ADDRESS>.....................  Continuous             8/22/2010  11/7/2016, 81 FR
                                   Emissions                         78048.
                                   Monitoring.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>.....................  Control of NOX         7/20/2015  3/28/2018, 83 FR     1. Revise H, H(1) and
                                   Emissions for                     13192.               H(3), remove H(2), and
                                   Major Stationary                                       recodify H(4) to H(3).
                                   Sources.
                                                                                2. Revise I and remove
                                                                                I(3) and I(4).
                                                                                Previous approval (8/
                                                                                30/2016).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>.....................  Control of Volatile     5/9/2016  7/28/2017, 82 FR     Removed reference to TM
                                   Organic Compounds                 35104.               90-01 from C(3)(b) and
                                   from Iron and                                          added reference to
                                   Steel Production                                       COMAR <IP_ADDRESS>.
                                   Installations.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               26.11.14 Control of Emissions from Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>.....................  Control of Volatile     3/3/2014  7/17/2017, 82 FR     Amended to clarify
                                   Organic Compounds.                32641.               volative organic
                                                                                compound (VOC) control
                                                                                system and
                                                                                requirements at Kraft
                                                                                pulp mills (8/30/
                                                                                2016).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>.....................  Metal Parts and        5/26/2014  10/1/2015, 80 FR     Amends section title.
                                   Products Coating.                 59056.               Adds definitions.
                                                                                Section <IP_ADDRESS>(B),
                                                                                Emission Standards,
                                                                                removed.
                                                                                Section <IP_ADDRESS>(B),
                                                                                Incorporation by
                                                                                Reference, added.
                                                                                Section <IP_ADDRESS>(C),
                                                                                Applicability and
                                                                                Exemptions, added.
                                                                                Section <IP_ADDRESS>(D),
                                                                                Emission Standards,
                                                                                added.

                                                  * * * * * * *
<IP_ADDRESS>.....................  Control of Volatile    9/28/2015  12/23/2016, 81 FR    Amendment to .26A.
                                   Organic Compound                  94259.
                                   Emissions from
                                   Reinforced Plastic
                                   Manufacturing.

<IP_ADDRESS>-1...................  Control of Volatile    9/28/2015  12/23/2016, 81 FR    New Regulation.
                                   Organic Compound                  94259.
                                   Emissions from
                                   Fiberglass Boat
                                   Manufacturing.

                                                  * * * * * * *
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                       26.11.31 Quality Assurance Requirements for Opacity Monitors (COMs)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                           Annotated Code of Maryland
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                       State
  Name of non- regulatory SIP        Applicable      submittal   EPA approval date     Additional explanation
            revision              geographic area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2011 Base Year Emissions         Baltimore,          12/30/2016  8/9/2018, 83 FR    See Sec.   52.1075(r).
 Inventory for the 2008 8-Hour    Maryland 2008                   39365.
 Ozone National Ambient Air       Ozone Moderate
 Quality Standard.                Nonattainment
                                  Area.

                                                  * * * * * * *
Regional Haze Five-Year          Statewide........     8/9/2017  11/26/2018, 83 FR
 Progress Report.                                                 60363.

                                                  * * * * * * *
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    Editorial Note: This document was received for publication by
the Office of the Federal Register on July 18, 2019.
[FR Doc. 2019-15655 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P