Rules and Regulations. Direct final rule

Agency: Environmental Protection Agency (EPA)
Action: Direct final rule
Citation: FR Doc. 2011-3722 · EPA-R03-OAR-2011-0011; FRL-9268-2 · 40 CFR 52

Summary

EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP) amending the definition of “fuel-burning equipment.” The revision removes the word “furnace” from the definition of “fuel-burning equipment” in one of Maryland's regulations and also removes the redundant definition of “fuel-burning equipment” from another section. EPA is approving these revisions to the definition of “fuel-burning equipment” in accordance with the requirements of the Clean Air Act (CAA).

Dates

This rule is effective on April 25, 2011 without further notice, unless EPA receives adverse written comment by March 24, 2011. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

Supplementary Information

I. Background The term “fuel-burning equipment” was originally defined in order to differentiate between a boiler that involves the indirect heating of air or water and fuel-burning installations that involve direct heat exchange. Fuel-burning installations, such as a kiln, are subject to the general requirements for sulfur dioxide (SO ² ) and particulate matter, whereas fuel-burning equipment is subject to different standards in the form of pounds of SO ² per million (British thermal unit) Btu per hour heat input or the sulfur content of the fuel. Since a “furnace” is usually direct heat exchange, the State of Maryland concludes that it should not be included in the definition of “fuel-burning equipment”. There is no Federal definition of the term “fuel-burning equipment,” however, the term “fuel-burning equipment” is consistent with the Federal definition of the term “boiler.” II. Summary of SIP Revision On December 15, 2010, the State of Maryland submitted a formal revision (#10-10) to its State Implementation Plan (SIP). The SIP revision consists of amendments to Regulation .01 under COMAR 26.11.01, General Administrative Provisions and Regulation .01 under COMAR 26.11.09, Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. The revision removes the word “furnace” from the definition of “fuel-burning equipment” in COMAR 26.11.01.01 and also removes the redundant definition of “fuel-burning equipment” from COMAR 26.11.09.01. III. Final Action EPA is approving Maryland's revision which removes the word “furnace” from the definition of “fuel-burning equipment” in COMAR 26.11.01.01 and also removes the redundant definition of “fuel-burning equipment” from COMAR 26.11.09.01. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section of today's Federal Register , EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on April 25, 2011 without further notice unless EPA receives adverse comment by March 24, 2011. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews A. General Requirements 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 action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • 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 action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 25, 2011. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register , rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action which pertains to Maryland's amendment to the definition of “fuel-burning equipment” may not be challenged later in proceedings to enforce its requirements. ( See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Sulfur oxides. Dated: February 1, 2011. W.C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries for COMAR 26.11.01.01 and COMAR 26.11.09.01 to read as follows: § 52.1070 Identification of plan. (c) * * * EPA-Approved Regulations in the Maryland SIP Code of Maryland administrative regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/ citation at 40 CFR 52.1100 26.11.01 General Administrative Provisions 26.11.01.01 Definitions 9/20/10 2/22/11, [Insert page number where the document begins] Revision to paragraph .01B(17). * * * * * * * 26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 26.11.09.01 Definitions 9/20/10 2/22/11, [Insert page number where the document begins] Revision removes definition of “fuel-burning equipment”. * * * * * * * [FR Doc. 2011-3722 Filed 2-18-11; 8:45 am]