Approval and Promulgation of Air Quality Implementation Plans; Maryland; Preconstruction Permitting Requirements for Electric Generating Stations in Maryland, 47090-47092 [2011-19799]
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47090
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules
comments, NIGC published a Notice of
Regulatory Review Schedule in the
Federal Register setting out
consultation schedules and review
processes. (76 FR 18457, April 4, 2011).
The Commission’s regulatory review
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schedule with a description of the
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public that the following tribal
consultations have been cancelled.
Consultation date
Event
Location
August 25–26, 2011 ...............................
NIGC Consultation—Southwest .............
September 19–20, 2011 .........................
September 27–28, 2011 .........................
November 7–12, 2011 ............................
NIGC Regional Training .........................
NIGC Consultation—Northeast ..............
USET Annual Meeting ...........................
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For additional information on
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Dated: August 1, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011–19808 Filed 8–3–11; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0623; FRL–9448–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Preconstruction Permitting
Requirements for Electric Generating
Stations in Maryland
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a State Implementation Plan (SIP)
revision submitted by the Maryland
Department of the Environment (MDE)
on May 13, 2011 and July 15, 2011. This
SIP revision revises and supplements
the preconstruction permitting
requirements for electric generating
stations that are required to receive a
Certificate of Public Convenience and
Necessity (CPCN) from the Maryland
Public Service Commission (PSC) before
commencing construction. The SIP
revision also requires electric generating
stations to obtain a preconstruction
permit from the MDE when a CPCN is
not required under the PSC regulations
and statutes. This action is being taken
under the Clean Air Act (CAA).
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SUMMARY:
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Written comments must be
received on or before September 6,
2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0623 by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: cox.kathleen@epa.gov.
3. Mail: EPA–R03–OAR–2011–0623,
Ms. Kathleen Cox, Associate Director,
Office of Permits and Air Toxics,
3AP10, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
4. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0623. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
DATES:
PO 00000
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Regulation
group(s)
1, 2, 3, 4, 5
3, 4, 5
3, 5
3, 4, 5
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
David Talley at 215–814–2117, or by
e-mail at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. EPA is proposing approval of this
SIP revision because it corrects the
deficiencies in the Maryland SIP and
eliminates inconsistencies between
State statutory and regulatory
requirements for preconstruction
permitting for electric generating
stations in Maryland. It will also ensure
that the SIP is adequate to prevent
significant deterioration of air quality in
areas designated as attainment or
unclassifiable as required by Sections
110(a) and 161 of the CAA and 40 CFR
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules
51.166, and will ensure that the SIP
provides for the attainment and
maintenance of the National Ambient
Air Quality Standards (NAAQS).
Table of Contents
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
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I. Background
On May 13, 2011, MDE submitted a
SIP revision request (#11–01) to EPA.
The MDE is the State agency designated
by the Governor of the State of
Maryland as the official State agency
responsible for implementing the CAA.
The Maryland PSC is an agent of the
State of Maryland and is an
independent unit in the Executive
Branch of the government of the State of
Maryland. The PSC regulates public
utilities including generating stations
owned by electric companies doing
business in Maryland and is empowered
by the State of Maryland to issue
Certificates of Public Convenience and
Necessity (CPCN) for the construction
and modification of electric generating
stations.
Section 110(a)(2)(C) of the CAA
requires the State’s SIP to have a
program for regulation of construction
and modification of sources. This
includes the Prevention of Significant
Deterioration (PSD) and nonattainment
New Source Review (NSR) programs as
required by Parts C and D of Title I of
the CAA to assure that the NAAQS are
protected. Electric generating stations in
Maryland are required to obtain a CPCN
from the PSC prior to construction or
modification. We are proposing to
approve the May 13, 2011 SIP revision
that requires electric generating stations
to obtain a CPCN prior to construction.
This SIP revision also requires that all
of the air quality provisions that would
otherwise be incorporated into a permit
to construct or an approval issued by
MDE must be contained in a CPCN
issued by the PSC.
II. Summary of SIP Revision
As provided in Environment Article
2, 2–402(3), Annotated Code of
Maryland, electric generating stations
that are not required to obtain a CPCN
from the PSC for any reason remain
subject to MDE’s preconstruction
permitting requirements. However, the
current SIP-approved regulations at
COMAR 26.11.02.09 and .10 exempt all
electric generating stations constructed
or modified by electric generating
companies from MDE’s permitting
regulations. These regulations are
inconsistent with the statutory
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provision in that they do not preserve
MDE’s permitting authority for electric
generating stations that are not required
to obtain a CPCN. We are proposing to
approve the SIP revision submitted by
MDE on May 13, 2011 to include
updated provisions at COMAR
26.11.02.09 and .10.
For the first time, MDE is also
submitting for the approval into its SIP,
Public Utility Companies Article, 7–205,
7–207, 7–207.1 and 7–208, Annotated
Code of Maryland as well as the PSC
regulations at COMAR 20.79.01.01, .02,
.06 and .07, COMAR 20.79.02.01, .02,
and .03, and COMAR 20.79.03.01 and
.02. The Public Utility Companies
Article’s provisions and the associated
PSC regulations govern more than CAA
requirements and air quality issues.
Therefore, we are proposing to approve
into the SIP only those regulatory and
statutory provisions that govern the PSC
process which are necessary to
implement CAA requirements, and are
taking no action on those portions of
Maryland’s May 13, 2001 submittal
which are unrelated to requirements of
the CAA The technical support
document (TSD) included in the docket
for this proposed rulemaking action
specifies those provisions of the May 13,
2011 SIP revision request that are being
proposed for approval into the SIP. The
TSD also specifies those provisions
upon which EPA is taking no action.
This SIP revision, when approved,
will correct deficiencies within the
current Maryland SIP and will allow
Maryland’s programs for the permitting
of electric generating stations to meet
the applicable requirements of the CAA
and Federal regulations.
As previously stated, the May 13,
2011 SIP revision request includes
(among other requirements) Title 20,
Subtitle 79, Chapter 01, paragraph .07
Waivers and Modifications and Title 20,
Subtitle 79, Chapter 02 paragraph .03
Proceedings on the Application,
specifically subparagraph C. Phased
Proceedings Requests. On July 15, 2011,
Secretary Robert M. Summers of MDE
submitted a letter to Shawn M. Garvin,
Regional Administrator of EPA Region
III to supplement the May 13, 2011 SIP
revision request. The July 15, 2011 letter
provides assurances that when the PSC
implements these regulatory provisions,
MDE, pursuant to its authority under
the Public Utility Companies Article,
Subsection 7–208, paragraph (f), will
ensure that no waivers, modifications or
phased applications are issued or
accepted by the PSC that do not comply
with all applicable requirements of the
Federal Clean Air Act and Federal
regulations. We are proposing to make
this letter part of the Maryland SIP.
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III. Proposed Action
EPA is proposing to approve the SIP
revision request submitted by MDE on
May 13, 2011 as supplemented on July
15, 2011, regarding the preconstruction
permitting requirements for electric
generating stations because it satisfies
the applicable provisions of the CAA
and associated Federal regulations. We
are soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act 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 proposes to approve 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 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
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Proposed Rules
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 for
clarifying the statutes and regulations in
the Maryland State Implementation Plan
for the preconstruction permitting
requirements for electric generating
stations in Maryland 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, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–19799 Filed 8–3–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2011–0499;
FRL–9448–3]
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for a Specific
Source in the State of New Jersey
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the State Implementation
Plan (SIP) for ozone submitted by the
State of New Jersey. This SIP revision
consists of a source-specific reasonably
available control technology (RACT)
determination for controlling oxides of
nitrogen from the stationary
reciprocating, diesel fuel fired, internal
combustion engines operated by the
Naval Weapons Station Earle located in
Colts Neck, New Jersey. This action
proposes an approval of the sourcespecific RACT determination that was
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SUMMARY:
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made by New Jersey in accordance with
the provisions of its regulation to help
meet the national ambient air quality
standard for ozone. The intended effect
of this proposed rule is to approve
source-specific emissions limitations
required by the Clean Air Act.
DATES: Comments must be received on
or before September 6, 2011.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R02–
OAR–2011–0499, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901.
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Docket No. EPA–R02–OAR- 2011–0499.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
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. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region II Office, Air Programs Branch,
290 Broadway, 25th Floor, New York,
New York 10007–1866. EPA requests, if
at all possible, that you contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8 a.m. to
4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Raymond K. Forde, Air Programs
Branch, Environmental Protection
Agency, 290 Broadway, 25th Floor, New
York, New York 10007–1866, (212) 637–
3716 or Forde.Raymond@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA’s Proposed Action
A. What action is EPA proposing today?
B. Why is EPA proposing this action?
C. What are the Clean Air Act requirements
for NOX RACT?
D. What is EPA’s evaluation of New
Jersey’s SIP revision?
II. New Jersey’s SIP Revision
A. What are New Jersey’s NOX RACT
requirements?
B. What are New Jersey’s facility specific
NOX RACT requirements?
C. When was New Jersey’s RACT
determination proposed and adopted?
D. When was New Jersey’s proposed SIP
revision submitted to EPA?
III. Conclusion
VI. Statutory and Executive Order Reviews
I. EPA’s Proposed Action
A. What action is EPA proposing today?
EPA is proposing to approve New
Jersey’s revision to the ozone State
Implementation Plan (SIP) submitted on
May 14, 2009. This SIP revision relates
to New Jersey’s NOX RACT
determination for the Naval Weapons
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Agencies
[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Proposed Rules]
[Pages 47090-47092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19799]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0623; FRL-9448-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Preconstruction Permitting Requirements for Electric
Generating Stations in Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Maryland Department of the Environment (MDE)
on May 13, 2011 and July 15, 2011. This SIP revision revises and
supplements the preconstruction permitting requirements for electric
generating stations that are required to receive a Certificate of
Public Convenience and Necessity (CPCN) from the Maryland Public
Service Commission (PSC) before commencing construction. The SIP
revision also requires electric generating stations to obtain a
preconstruction permit from the MDE when a CPCN is not required under
the PSC regulations and statutes. This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be received on or before September 6,
2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0623 by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: cox.kathleen@epa.gov.
3. Mail: EPA-R03-OAR-2011-0623, Ms. Kathleen Cox, Associate
Director, Office of Permits and Air Toxics, 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
4. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0623. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: David Talley at 215-814-2117, or by e-
mail at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. EPA is proposing approval of
this SIP revision because it corrects the deficiencies in the Maryland
SIP and eliminates inconsistencies between State statutory and
regulatory requirements for preconstruction permitting for electric
generating stations in Maryland. It will also ensure that the SIP is
adequate to prevent significant deterioration of air quality in areas
designated as attainment or unclassifiable as required by Sections
110(a) and 161 of the CAA and 40 CFR
[[Page 47091]]
51.166, and will ensure that the SIP provides for the attainment and
maintenance of the National Ambient Air Quality Standards (NAAQS).
Table of Contents
I. Background
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
On May 13, 2011, MDE submitted a SIP revision request (11-
01) to EPA. The MDE is the State agency designated by the Governor of
the State of Maryland as the official State agency responsible for
implementing the CAA. The Maryland PSC is an agent of the State of
Maryland and is an independent unit in the Executive Branch of the
government of the State of Maryland. The PSC regulates public utilities
including generating stations owned by electric companies doing
business in Maryland and is empowered by the State of Maryland to issue
Certificates of Public Convenience and Necessity (CPCN) for the
construction and modification of electric generating stations.
Section 110(a)(2)(C) of the CAA requires the State's SIP to have a
program for regulation of construction and modification of sources.
This includes the Prevention of Significant Deterioration (PSD) and
nonattainment New Source Review (NSR) programs as required by Parts C
and D of Title I of the CAA to assure that the NAAQS are protected.
Electric generating stations in Maryland are required to obtain a CPCN
from the PSC prior to construction or modification. We are proposing to
approve the May 13, 2011 SIP revision that requires electric generating
stations to obtain a CPCN prior to construction. This SIP revision also
requires that all of the air quality provisions that would otherwise be
incorporated into a permit to construct or an approval issued by MDE
must be contained in a CPCN issued by the PSC.
II. Summary of SIP Revision
As provided in Environment Article 2, 2-402(3), Annotated Code of
Maryland, electric generating stations that are not required to obtain
a CPCN from the PSC for any reason remain subject to MDE's
preconstruction permitting requirements. However, the current SIP-
approved regulations at COMAR 26.11.02.09 and .10 exempt all electric
generating stations constructed or modified by electric generating
companies from MDE's permitting regulations. These regulations are
inconsistent with the statutory provision in that they do not preserve
MDE's permitting authority for electric generating stations that are
not required to obtain a CPCN. We are proposing to approve the SIP
revision submitted by MDE on May 13, 2011 to include updated provisions
at COMAR 26.11.02.09 and .10.
For the first time, MDE is also submitting for the approval into
its SIP, Public Utility Companies Article, 7-205, 7-207, 7-207.1 and 7-
208, Annotated Code of Maryland as well as the PSC regulations at COMAR
20.79.01.01, .02, .06 and .07, COMAR 20.79.02.01, .02, and .03, and
COMAR 20.79.03.01 and .02. The Public Utility Companies Article's
provisions and the associated PSC regulations govern more than CAA
requirements and air quality issues. Therefore, we are proposing to
approve into the SIP only those regulatory and statutory provisions
that govern the PSC process which are necessary to implement CAA
requirements, and are taking no action on those portions of Maryland's
May 13, 2001 submittal which are unrelated to requirements of the CAA
The technical support document (TSD) included in the docket for this
proposed rulemaking action specifies those provisions of the May 13,
2011 SIP revision request that are being proposed for approval into the
SIP. The TSD also specifies those provisions upon which EPA is taking
no action.
This SIP revision, when approved, will correct deficiencies within
the current Maryland SIP and will allow Maryland's programs for the
permitting of electric generating stations to meet the applicable
requirements of the CAA and Federal regulations.
As previously stated, the May 13, 2011 SIP revision request
includes (among other requirements) Title 20, Subtitle 79, Chapter 01,
paragraph .07 Waivers and Modifications and Title 20, Subtitle 79,
Chapter 02 paragraph .03 Proceedings on the Application, specifically
subparagraph C. Phased Proceedings Requests. On July 15, 2011,
Secretary Robert M. Summers of MDE submitted a letter to Shawn M.
Garvin, Regional Administrator of EPA Region III to supplement the May
13, 2011 SIP revision request. The July 15, 2011 letter provides
assurances that when the PSC implements these regulatory provisions,
MDE, pursuant to its authority under the Public Utility Companies
Article, Subsection 7-208, paragraph (f), will ensure that no waivers,
modifications or phased applications are issued or accepted by the PSC
that do not comply with all applicable requirements of the Federal
Clean Air Act and Federal regulations. We are proposing to make this
letter part of the Maryland SIP.
III. Proposed Action
EPA is proposing to approve the SIP revision request submitted by
MDE on May 13, 2011 as supplemented on July 15, 2011, regarding the
preconstruction permitting requirements for electric generating
stations because it satisfies the applicable provisions of the CAA and
associated Federal regulations. We are soliciting public comments on
the issues discussed in this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 proposes to approve 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 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
[[Page 47092]]
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 for clarifying the statutes and
regulations in the Maryland State Implementation Plan for the
preconstruction permitting requirements for electric generating
stations in Maryland 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, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 22, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-19799 Filed 8-3-11; 8:45 am]
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