Approval and Promulgation of Air Quality Implementation Plans; Maryland; Approval of 2011 Consent Decree To Control Emissions From the GenOn Chalk Point Generating Station; Removal of 1978 and 1979 Consent Orders, 26438-26441 [2012-10470]
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
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ENVIRONMENTAL PROTECTION
AGENCY
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[FR Doc. 2012–10750 Filed 5–3–12; 8:45 am]
BILLING CODE 9110–04–P
40 CFR Part 52
[EPA–R03–OAR–2011–0889; FRL–9666–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Approval of 2011 Consent
Decree To Control Emissions From the
GenOn Chalk Point Generating Station;
Removal of 1978 and 1979 Consent
Orders
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve State Implementation
Plan (SIP) revisions submitted by the
Maryland Department of the
Environment (MDE) pertaining to the
GenOn Chalk Point Generating Station
(Chalk Point). These revisions approve
specific provisions of a 2011 Consent
Decree between MDE and GenOn to
reduce particulate matter (PM), sulfur
oxides (SOX), and nitrogen oxides (NOX)
from Chalk Point. These revisions also
remove the 1978 and 1979 Consent
Orders for the Chalk Point generating
station from the Maryland SIP as those
Consent Orders have been superseded
by the 2011 Consent Decree. EPA is
approving these SIP revisions because
the reductions of PM, SOX, and NOX are
beneficial for reducing ambient levels of
the PM, sulfur dioxide (SO2), nitrogen
dioxide (NO2) and ozone. They also
reduce visible emissions from Chalk
Point. This action is being taken under
the Clean Air Act (CAA).
DATES: This rule is effective on July 3,
2012 without further notice, unless EPA
receives adverse written comment by
June 4, 2012. 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.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2011–0889 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: spink.marcia@epa.gov
C. Mail: EPA–R03–OAR–2011–0889,
Marcia L. Spink, Associate Director for
SUMMARY:
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Policy and Science, Air Protection
Division, Mailcode 3AP00, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. 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–
0889. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
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 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.
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
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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:
Marcia L. Spink, Associate Director for
Policy and Science, Air Protection
Division, Project officer, (215) 814–2104
or by email at spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 12, 2011, MDE submitted
revisions to its SIP for the GenOn Chalk
Point generating station located at 25100
Chalk Point Road in Aquasco,
Maryland. These revisions approve a
2011 Consent Decree between MDE and
GenOn to control PM, SOX and NOX
from Chalk Point. These revisions also
remove the 1978 and 1979 Consent
Orders for Chalk Point from the
Maryland SIP as those Consent Orders
have been superseded by the 2011
Consent Decree. The purpose of the
2011 Consent Decree is to address stack
test violations at Chalk Point Unit #4.
As part of the settlement with MDE,
GenOn has agreed to combust natural
gas in Units #3 and #4 for no less than
75% of the annual heat input of the
units, and for at least 95% of the ozone
season (May 1st—September 30th) heat
input instead of #6 fuel oil. Burning
natural gas instead of #6 fuel oil results
in a significant decrease in emissions of
PM, SOX and NOX. These SIP revisions
to reduce PM, SOX, and NOX emissions
are beneficial for reducing ambient
levels of the criteria pollutants PM, SO2,
and NO2. As NOX is a precursor
pollutant of ground level ozone, these
reductions are also beneficial for
reducing ambient levels of the criteria
pollutant ozone. In addition, these
revisions reduce visible emissions from
Chalk Point.
I. Background
The Chalk Point generating station
consists of four steam electric generating
units located in Aquasco, Maryland
which is part of Prince George County.
Units #1 and #2 are coal fired baseload
units each rated at 355 megawatts. Units
#3 and #4 are cycling units permitted to
burn natural gas and oil, each rated at
640 megawatts. Consent Orders signed
in 1978 and 1979 with the Potomac
Electric Power Company (Pepco, the
former owner) allowed Chalk Point
Units #1–#3 to combust higher sulfur
fuels than Maryland regulations allow
and Unit #3 was also allowed to emit
higher PM and visible emissions than
Maryland regulations allow. In 2006,
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MDE and Pepco signed a Consent
Decree to address opacity (visible
emissions) violations from Chalk Point
Units #3 and #4. That 2006 Consent
Decree required Units #3 and #4 to burn
natural gas during the ozone season for
95% of the heat input. The 2006
Consent Decree for Chalk Point also
terminated the 1978 and 1979 Consent
Orders with Pepco, effective May 1,
2007. However, the Maryland SIP was
not revised at that time to remove the
1978 and 1979 Consent Orders and
replace them with the 2006 Consent
Decree.
II. Summary of the SIP Revision
In 2011, MDE and GenOn (new owner
of Chalk Point) signed a Consent Decree,
effective on March 10, 2011, for Chalk
Point which amends, restates, and
replaces the 2006 Consent Decree. On
October 11, 2012, MDE submitted
specific provisions of the 2011 Consent
Decree to EPA for approval as a SIP
revision. A copy of the provisions of the
2011 Consent Decree for Chalk Point for
which MDE is requesting approval as
SIP revisions is included in the docket
for this rulemaking. Hereafter in
describing the SIP revision, EPA is
referring to the provisions of the 2011
Consent Decree that are being made part
of the SIP. The October 11, 2012 SIP
revision submittal from MDE also
includes a request to remove the 1978
and 1979 Consent Orders for Chalk
Point from the Maryland SIP.
Under the 2011 Consent Decree,
Chalk Point Units #3 and #4 must burn
natural gas for no less than 75% of the
annual heat input of the units. In
addition, the 2011 Consent Decree
reiterates the 2006 Consent Decree’s
requirement that Chalk Point Units #3
and #4 use natural gas for at least 95%
of the ozone season heat input. The
2011 Consent Decree also requires Chalk
Point to perform a stack test for PM
while burning residual fuel oil in 2011,
and to perform stack testing for PM from
Units #3 and #4 any calendar year that
either unit exceeds 570,000 MBTU from
the burning of residual fuel oil. The
2011 Consent Decree submitted for
approval as a revision to the Maryland
SIP also includes provisions for
determining compliance, operating
control equipment, determining the
sulfur content of fuel, as well as
recordkeeping and reporting
requirements consistent with Federal
regulations and the CAA.
GenOn’s compliance with the 2006
Consent Decree, the requirements of
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26439
which are reiterated in the 2011 Consent
Decree, have resulted in significant
annual emission reduction benefits
because of the shift to natural gas during
the ozone season. In 2005, Chalk Point
Units #3 and #4 emitted 3, 978 tons per
year (TPY) of NOX, 744 TPY of PM, and
12,379 TPY of sulfur oxides (SOX). In
2008, as a result of compliance with the
2006 Consent Decree, the requirements
of which are reiterated in the 2011
Consent Decree, Chalk Point Units #3
and #4 emitted 446 TPY of NOX, 49 TPY
of PM, and 244 TPY of sulfur oxides
(SOX), thereby reducing annual
emissions by 3,532 TPY, 695 TPY, and
12,135 TPY, respectively. The
additional provision of the 2011
Consent Decree that requires Chalk
Point Units #3 and #4 to maximize the
use of natural gas during the non-ozone
season will result in even further
reductions of NOX, PM, and SOX and
further reductions in visible emissions.
III. Final Action
EPA’s review of the SIP revisions
submitted by MDE on October 12, 2011
indicates that they strengthen the SIP
requirements applicable to Chalk Point;
result in significant emission reductions
of NOX, PM, SOX and visible emissions;
and meet all applicable Federal
regulations and the CAA. The SIP
revisions to remove the 1978 and 1979
Consent Orders for Chalk Point are
approvable as they have been
superseded by the more stringent 2011
Consent Decree. Therefore, EPA is
approving the SIP revisions submitted
by MDE on October 12, 2011. 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 July
3, 2012 without further notice unless
EPA receives adverse comment by June
4, 2012. 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.
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
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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
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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. Section 804,
however, exempts from section 801 the
following types of rules: rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
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 July 3, 2012. 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
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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 to approve a 2011 Consent
Decree between MDE and the GenOn to
reduce particulate matter (PM), sulfur
oxides (SOX), and nitrogen oxides (NOX)
from Chalk Point 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: April 16, 2012.
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
(d) is amended by:
■ a. Removing the entries for Potomac
Electric Company (PEPCO)—Chalk
Point Units #1 and #2 and Potomac
Electric Company (PEPCO)—Chalk
Point.
■ b. Adding an entry for the GenOn
Chalk Point Generating Station as the
last entry in the table.
The amendments read as follows:
■
§ 52.1070
Identification of plan.
*
*
*
*
*
(d) EPA approved state sourcespecific requirements.
E:\FR\FM\04MYR1.SGM
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Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Rules and Regulations
26441
Name of source
Permit No./type
State effective
date
EPA approval date
Additional explanation
*
GenOn Chalk Point Generating Station.
*
*
The 2011 Consent Decree for Chalk Point.
3/10/11
*
*
5/4/12 [Insert page
number where the
document begins].
*
*
Docket No. 52.1070(d). The SIP approval includes specific provisions of the 2011 Consent Decree for which the State of Maryland
requested approval on October 12, 2011.
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0355(b); FRL–9666–
7]
Approval and Promulgation of
Implementation Plans; North Carolina;
Charlotte; Ozone 2002 Base Year
Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve the ozone 2002 base
year emissions inventory portion of the
state implementation plan (SIP) revision
submitted by the State of North Carolina
November 12, 2009. The emissions
inventory is part of the CharlotteGastonia-Rock Hill, North Carolina
ozone attainment demonstration that
was submitted for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). The CharlotteGastonia-Rock Hill, North CarolinaSouth Carolina 1997 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘bi-state Charlotte Area’’) is
comprised of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union and a
portion of Iredell (Davidson and Coddle
Creek Townships) Counties in North
Carolina; and a portion of York County
in South Carolina. This action is being
taken pursuant to section 110 of the
Clean Air Act (CAA or Act). EPA will
take action on the South Carolina
submission for the ozone 2002 base year
emissions inventory for its portion of
the bi-state Charlotte Area in a separate
action.
DATES: This direct final rule is effective
July 3, 2012 without further notice,
unless EPA receives adverse comment
by June 4, 2012. 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.
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SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0355(b), by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0355(b),’’ Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. 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 ID No. EPA–R04–OAR–2012–
0355(b). EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at 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 through www.regulations.gov
or email, information that you consider
to be CBI or otherwise protected. The
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 email comment directly
to EPA without going through www.
regulations.gov, your email 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
ADDRESSES:
[FR Doc. 2012–10470 Filed 5–3–12; 8:45 am]
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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. 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
electronic docket are listed in the 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 www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Sara
Waterson, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9061.
Ms. Waterson can be reached via
electronic mail at waterson.sara@epa.
gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of State’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
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]]>Agencies
[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Rules and Regulations]
[Pages 26438-26441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10470]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0889; FRL-9666-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Approval of 2011 Consent Decree To Control Emissions From the
GenOn Chalk Point Generating Station; Removal of 1978 and 1979 Consent
Orders
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve State
Implementation Plan (SIP) revisions submitted by the Maryland
Department of the Environment (MDE) pertaining to the GenOn Chalk Point
Generating Station (Chalk Point). These revisions approve specific
provisions of a 2011 Consent Decree between MDE and GenOn to reduce
particulate matter (PM), sulfur oxides (SOX), and nitrogen
oxides (NOX) from Chalk Point. These revisions also remove
the 1978 and 1979 Consent Orders for the Chalk Point generating station
from the Maryland SIP as those Consent Orders have been superseded by
the 2011 Consent Decree. EPA is approving these SIP revisions because
the reductions of PM, SOX, and NOX are beneficial
for reducing ambient levels of the PM, sulfur dioxide (SO2),
nitrogen dioxide (NO2) and ozone. They also reduce visible
emissions from Chalk Point. This action is being taken under the Clean
Air Act (CAA).
DATES: This rule is effective on July 3, 2012 without further notice,
unless EPA receives adverse written comment by June 4, 2012. 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.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0889 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: spink.marcia@epa.gov
C. Mail: EPA-R03-OAR-2011-0889, Marcia L. Spink, Associate Director
for Policy and Science, Air Protection Division, Mailcode 3AP00, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. 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-
2011-0889. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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.
[[Page 26439]]
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: Marcia L. Spink, Associate Director
for Policy and Science, Air Protection Division, Project officer, (215)
814-2104 or by email at spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION: On October 12, 2011, MDE submitted revisions
to its SIP for the GenOn Chalk Point generating station located at
25100 Chalk Point Road in Aquasco, Maryland. These revisions approve a
2011 Consent Decree between MDE and GenOn to control PM, SOX
and NOX from Chalk Point. These revisions also remove the
1978 and 1979 Consent Orders for Chalk Point from the Maryland SIP as
those Consent Orders have been superseded by the 2011 Consent Decree.
The purpose of the 2011 Consent Decree is to address stack test
violations at Chalk Point Unit 4. As part of the settlement
with MDE, GenOn has agreed to combust natural gas in Units 3
and 4 for no less than 75% of the annual heat input of the
units, and for at least 95% of the ozone season (May 1st--September
30th) heat input instead of 6 fuel oil. Burning natural gas
instead of 6 fuel oil results in a significant decrease in
emissions of PM, SOX and NOX. These SIP revisions
to reduce PM, SOX, and NOX emissions are
beneficial for reducing ambient levels of the criteria pollutants PM,
SO2, and NO2. As NOX is a precursor
pollutant of ground level ozone, these reductions are also beneficial
for reducing ambient levels of the criteria pollutant ozone. In
addition, these revisions reduce visible emissions from Chalk Point.
I. Background
The Chalk Point generating station consists of four steam electric
generating units located in Aquasco, Maryland which is part of Prince
George County. Units 1 and 2 are coal fired baseload
units each rated at 355 megawatts. Units 3 and 4 are
cycling units permitted to burn natural gas and oil, each rated at 640
megawatts. Consent Orders signed in 1978 and 1979 with the Potomac
Electric Power Company (Pepco, the former owner) allowed Chalk Point
Units 1-3 to combust higher sulfur fuels than
Maryland regulations allow and Unit 3 was also allowed to emit
higher PM and visible emissions than Maryland regulations allow. In
2006, MDE and Pepco signed a Consent Decree to address opacity (visible
emissions) violations from Chalk Point Units 3 and 4.
That 2006 Consent Decree required Units 3 and 4 to
burn natural gas during the ozone season for 95% of the heat input. The
2006 Consent Decree for Chalk Point also terminated the 1978 and 1979
Consent Orders with Pepco, effective May 1, 2007. However, the Maryland
SIP was not revised at that time to remove the 1978 and 1979 Consent
Orders and replace them with the 2006 Consent Decree.
II. Summary of the SIP Revision
In 2011, MDE and GenOn (new owner of Chalk Point) signed a Consent
Decree, effective on March 10, 2011, for Chalk Point which amends,
restates, and replaces the 2006 Consent Decree. On October 11, 2012,
MDE submitted specific provisions of the 2011 Consent Decree to EPA for
approval as a SIP revision. A copy of the provisions of the 2011
Consent Decree for Chalk Point for which MDE is requesting approval as
SIP revisions is included in the docket for this rulemaking. Hereafter
in describing the SIP revision, EPA is referring to the provisions of
the 2011 Consent Decree that are being made part of the SIP. The
October 11, 2012 SIP revision submittal from MDE also includes a
request to remove the 1978 and 1979 Consent Orders for Chalk Point from
the Maryland SIP.
Under the 2011 Consent Decree, Chalk Point Units 3 and
4 must burn natural gas for no less than 75% of the annual
heat input of the units. In addition, the 2011 Consent Decree
reiterates the 2006 Consent Decree's requirement that Chalk Point Units
3 and 4 use natural gas for at least 95% of the ozone
season heat input. The 2011 Consent Decree also requires Chalk Point to
perform a stack test for PM while burning residual fuel oil in 2011,
and to perform stack testing for PM from Units 3 and
4 any calendar year that either unit exceeds 570,000 MBTU from
the burning of residual fuel oil. The 2011 Consent Decree submitted for
approval as a revision to the Maryland SIP also includes provisions for
determining compliance, operating control equipment, determining the
sulfur content of fuel, as well as recordkeeping and reporting
requirements consistent with Federal regulations and the CAA.
GenOn's compliance with the 2006 Consent Decree, the requirements
of which are reiterated in the 2011 Consent Decree, have resulted in
significant annual emission reduction benefits because of the shift to
natural gas during the ozone season. In 2005, Chalk Point Units
3 and 4 emitted 3, 978 tons per year (TPY) of
NOX, 744 TPY of PM, and 12,379 TPY of sulfur oxides
(SOX). In 2008, as a result of compliance with the 2006
Consent Decree, the requirements of which are reiterated in the 2011
Consent Decree, Chalk Point Units 3 and 4 emitted 446
TPY of NOX, 49 TPY of PM, and 244 TPY of sulfur oxides
(SOX), thereby reducing annual emissions by 3,532 TPY, 695
TPY, and 12,135 TPY, respectively. The additional provision of the 2011
Consent Decree that requires Chalk Point Units 3 and
4 to maximize the use of natural gas during the non-ozone
season will result in even further reductions of NOX, PM,
and SOX and further reductions in visible emissions.
III. Final Action
EPA's review of the SIP revisions submitted by MDE on October 12,
2011 indicates that they strengthen the SIP requirements applicable to
Chalk Point; result in significant emission reductions of
NOX, PM, SOX and visible emissions; and meet all
applicable Federal regulations and the CAA. The SIP revisions to remove
the 1978 and 1979 Consent Orders for Chalk Point are approvable as they
have been superseded by the more stringent 2011 Consent Decree.
Therefore, EPA is approving the SIP revisions submitted by MDE on
October 12, 2011. 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 July 3, 2012
without further notice unless EPA receives adverse comment by June 4,
2012. 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.
[[Page 26440]]
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. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
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 July 3, 2012. 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 to approve a 2011 Consent Decree between MDE and the
GenOn to reduce particulate matter (PM), sulfur oxides
(SOX), and nitrogen oxides (NOX) from Chalk Point
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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: April 16, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (d) is amended by:
0
a. Removing the entries for Potomac Electric Company (PEPCO)--Chalk
Point Units 1 and 2 and Potomac Electric Company
(PEPCO)--Chalk Point.
0
b. Adding an entry for the GenOn Chalk Point Generating Station as the
last entry in the table.
The amendments read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(d) EPA approved state source-specific requirements.
[[Page 26441]]
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State effective
Name of source Permit No./type date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
GenOn Chalk Point Generating The 2011 Consent 3/10/11 5/4/12 [Insert Docket No. 52.1070(d).
Station. Decree for Chalk page number where The SIP approval
Point. the document includes specific
begins]. provisions of the
2011 Consent Decree
for which the State
of Maryland requested
approval on October
12, 2011.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-10470 Filed 5-3-12; 8:45 am]
BILLING CODE 6560-50-P
