Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units, 24546-24549 [2017-10912]
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24546
Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
(2) Documents incorporated by
reference in regulation 9VAC5–20–21.
Revised paragraph in
regulation 5–20–21
Applicable geographic area
State submittal date
EPA approval date
9VAC5–60–100 (adopts 40
CFR 63.460 through 63.469
by reference).
9VAC5–20–21, paragraphs E.1
through E.5 and E.7.
Statewide .................................
10/9/98 .....................................
11/3/99, 64 FR 59648 ..............
52.2423(q).
Statewide .................................
4/12/89 .....................................
8/23/95, 60 FR 43714 ..............
9VAC5–20–21, paragraphs E.1
and E.2.
Statewide .................................
2/12/93 .....................................
8/23/95, 60 FR 43714 ..............
9VAC5–20–21, Section E ........
9VAC5–20–21, paragraph E.12
9VAC5–20–21, Section E ........
Statewide .................................
Statewide .................................
Northern Virginia VOC Emissions Control Area designated in 9VAC5–20–206.
6/22/99 .....................................
2/23/04 .....................................
3/24/04 .....................................
1/7/03, 68 FR 663 ....................
6/8/04, 69 FR 31893 ................
5/12/05, 70 FR 24970 ..............
9VAC5–20–21, Sections D and
E.
Statewide .................................
8/25/05 .....................................
3/3/06, 71 FR 10838 ................
9VAC5–20–21, Section B ........
Statewide .................................
10/25/05 ...................................
3/3/06, 71 FR 10838 ................
9VAC5–20–21, Section E ........
Northern Virginia VOC Emissions Control Area designated in 9VAC5–20–206.
10/25/05 ...................................
1/30/07, 72FR 4207 .................
9VAC5–20–21, Paragraphs
E.4.a. (21) and (22).
Fredericksburg VOC Emissions
Control Area Designated in
9VAC5–20–206.
Statewide .................................
5/14/07 .....................................
12/5/07, 72 FR 68511 ..............
52.2423(m); Originally Appendix M, Sections II.A. through
II.E. and II.G.
52.2423(n); Originally Appendix M, Sections II.A. and
II.B.
52.2423(r).
52.2423(s).
9VAC5–20–21, Sections
E.1.a.(7)., E.4.a.(12) through
a.(17), E.10., E.11.,
E.13.a.(1), and E.13.a.(2).
Sections D., E. (introductory
sentence), E.2 (all paragraphs), E.3.b, E.4.a.(1) and
(2), E.4.b. , E.5. (all paragraphs), and E.7. (all paragraphs) State effective date
is 2/1/00.
State effective date is 3/9/05;
approval is for those provisions of the CFR which implement control programs for
air pollutants related to the
national ambient air quality
standards (NAAQS) and regional haze.
9VAC5–20–21, Sections
.1.a.(16)., E.4.a.(18) through
a.(20), E.6.a, E.11.a.(3),
E.12.a.(5) through a.(8),
E.14.a. and E.14.b.
State effective date is 3/9/05.
State effective date is 10/4/06.
6/24/09 .....................................
1/18/11, 76 FR 2829 ................
Revised sections.
Statewide .................................
9/27/10 .....................................
4/25/11, 76 FR 22814 ..............
Revised sections.
Statewide .................................
8/18/10 .....................................
6/22/11, 76 FR 36326 ..............
Added Section.
Northern Virginia and Fredericksburg VOC Emissions
Control Areas.
3/17/10 .....................................
1/26/12, 77 FR 3928 ................
Added section.
Statewide .................................
5/25/11 .....................................
2/3/12, 77 FR 5400 ..................
Northern Virginia VOC emissions control area.
02/01/16 ...................................
10/21/16, 81 FR 72711 ............
Addition of paragraph (1)(a)
and (1) (u). The citations of
all other paragraphs are revised.
Section 15 added.
9VAC5–20–21, Sections B.
and E.1.
9VAC5–20–21, Sections
E.1.a.(1)(q) and E.1.a.(1)(r).
9VAC5–20–21, Section
E.1.a.(1)(s).
9VAC5–20–21, Sections
E.1.a.(2), (16)–(19),
E.2.a.(3), E.2.b., E.4.a.(23)–
(27), E.11.a.(4)–(6),
E.12.a.(3), (5) and (9)–(11).
9VAC5–20–21 Section E.1.a(1)
Documents Incorporated by
Reference.
Documents incorporated by
reference.
[FR Doc. 2017–10909 Filed 5–26–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
sradovich on DSK3GMQ082PROD with RULES
[EPA–R03–OAR–2016–0238; FRL–9962–73–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Nitrogen Oxide
Emissions From Coal-Fired Electric
Generating Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Additional explanation
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Maryland. The
revision consists of a Maryland
regulation that regulates nitrogen oxides
(NOX) emissions from coal-fired electric
generating units (EGUs) in the State.
EPA is approving this revision in
accordance with the requirements of the
Clean Air Act (CAA).
SUMMARY:
This final rule is effective on
June 29, 2017.
DATES:
EPA has established a
docket for this action under Docket ID
ADDRESSES:
E:\FR\FM\30MYR1.SGM
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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
Number EPA–R03–OAR–2016–0238. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 11, 2017 (82 FR 3233),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Maryland. In the NPR, EPA proposed
approval of a Maryland regulation to
control emissions of NOX from coal
fired EGUs. The formal SIP revision
(#15–06) was submitted by the
Maryland Department of the
Environment (MDE) on November 20,
2015. On September 8, 2016, MDE
provided a letter to EPA to clarify that
the November 20, 2015 submission was
submitted as a SIP strengthening
measure and not as a submission to
address reasonably available control
technology (RACT) requirements for
coal-fired EGUs.
As noted in the NPR, this action
pertains only to the changes to COMAR
26.11.38 that were submitted by MDE
on November 20, 2015 with a State
effective date of August 31, 2015,
namely COMAR 26.11.38.01-.05.
Subsequent revisions and amendments
to this regulation have been made by
MDE, but have not yet been submitted
to EPA for incorporation into the
Maryland SIP.
sradovich on DSK3GMQ082PROD with RULES
II. Summary of SIP Revision
The revision consists of Maryland
regulation COMAR 26.11.38—Control of
NOX Emissions from Coal-Fired Electric
Generating Units (effective August 31,
2015). The regulation establishes NOX
emissions standards for 14 EGUs at 7
coal-fired power plants, and requires an
affected EGU to minimize NOX
emissions by operating and optimizing
the use of all installed pollution
controls and combustion controls
during all times that the unit is in
operation while burning coal.
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Additional monitoring and
recordkeeping are required to
demonstrate compliance with these
requirements, and the owner or operator
is required to submit a plan to MDE and
to EPA for approval, which summarizes
the data to be collected and make a
showing that each affected EGU is
operating its installed controls. Other
specific requirements of COMAR
26.11.38 and the rationale supporting
EPA’s proposed rulemaking action are
explained in the NPR and Technical
Support Document (TSD) supporting
EPA’s analysis for approval of
Maryland’s regulation into the SIP and
will not be restated here. The NPR and
TSD are available in the docket for this
rulemaking at https://
www.regulations.gov, Docket ID Number
EPA–R03–OAR–2016–0238.
III. Public Comments and EPA’s
Responses
EPA received two anonymous
comments on the January 11, 2017
proposed approval of COMAR 26.11.38
for the Maryland SIP.
Comment 1: One commenter
expressed support for strengthening the
NOX emissions limits in Maryland.
Response 1: EPA thanks the
commenter for the submitted statement.
Comment 2: Another commenter
expressed support for the proposed
rulemaking as a SIP strengthening
measure needed to reduce pollution and
to meet the requirements of the national
ambient air quality standards (NAAQS)
‘‘to keep the air clean.’’ However, the
commenter also stated, ‘‘This regulation
was submitted as a SIP strengthening
measure which seems to be necessary
because of how it does not include
nitrogen oxides (NOX) emissions from
seven coal-fired electric generating units
which is a great amount.’’ The
commenter also stated it is an important
measure to regulate clean air in ‘‘already
polluted skies’’ and acknowledged this
regulation was SIP strengthening and
was not submitted to meet RACT
requirements.
Response 2: EPA thanks the
commenter for supporting our approval
of the Maryland regulation into the
State’s SIP. EPA notes that the
commenter is incorrect in stating that
COMAR 26.11.38, entitled ‘‘Control of
Nitrogen Oxides Emissions from Coal
Fired Electric Generating Units,’’ does
not apply to NOX emissions from seven
coal-fired EGUs. The language of
COMAR 26.11.38 specifically contains
NOX limitations for these EGUs as well
as other control measures related to
NOX emissions ass discussed in the NPR
and TSD. As EPA discussed in the NPR,
because NOX is a precursor to ozone
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24547
formation, the NOX limitations and
measures for these EGUs identified in
COMAR 26.11.38 will reduce NOX
emissions and ozone formation in
Maryland which should assist Maryland
with attaining and maintaining the
ozone NAAQS. Finally, the commenter
correctly acknowledged that Maryland
had not submitted COMAR 26.11.38 for
SIP inclusion to address any RACT
requirements which Maryland
confirmed with its September 8, 2016
letter to EPA. The September 8, 2016
letter is available in the docket for this
rulemaking. EPA expects subsequent
rulemaking action on Maryland’s
obligations for RACT under the 2008
ozone NAAQS.
III. Final Action
EPA is approving Maryland regulation
COMAR 26.11.38, submitted in the
November 20, 2015 SIP submission,
which has a state effective date of
August 31, 2015, as a revision to the
Maryland SIP as a SIP strengthening
measure in accordance with section 110
of the CAA. COMAR 26.11.38.01–.05
imposes NOX emissions limits on coal
fired EGUs subject to the regulation, and
EPA expects the regulation will lower
NOX emissions within the State which
should reduce ozone formation. The
NOX emissions limits plus the operation
and optimization of the existing NOX
controls whenever the units are in
operation strengthens the Maryland SIP
and will help the State’s attainment and
maintenance of the ozone NAAQS.
IV. Incorporation by Reference
In this rule, 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 Maryland regulation
COMAR 26.11.38.01–.05 described in
the amendments to 40 CFR part 52 set
forth below. Therefore, these materials
have been approved by EPA for
inclusion in the SIP, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these materials generally
available through https://
www.regulations.gov and/or at the EPA
Region III Office (please contact the
person identified in the ‘‘For Further
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
Information Contact’’ section of this
preamble for more information).
V. 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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.
circuit by July 31, 2017. 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. This action approving
Maryland regulation COMAR 26.11.38
into the Maryland SIP may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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).
Dated: May 5, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
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
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirement.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 adding the heading
‘‘26.11.38 Control of Nitrogen Oxide
Emissions from Coal-Fired Electric
Generating Units’’ and the entries
‘‘26.11.38.01 through 26.11.38.05’’ in
numerical order to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland
Administrative
Regulations (COMAR)
citation
sradovich on DSK3GMQ082PROD with RULES
*
State
effective
date
Title/subject
*
*
26.11.38
*
*
Definitions ......................................................
8/31/2015
26.11.38.02 ................
Applicability ...................................................
8/31/2015
26.11.38.03 ................
2015 NOX Emission Control Requirements ..
8/31/2015
17:28 May 26, 2017
*
Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
26.11.38.01 ................
VerDate Sep<11>2014
Additional explanation/
citation at 40 CFR
52.1100
EPA approval date
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5/30/2017 [Insert Federal
Register citation].
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24549
Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
Administrative
Regulations (COMAR)
citation
Title/subject
26.11.38.04 ................
Compliance Demonstration Requirements ...
8/31/2015
26.11.38.05 ................
Reporting Requirements ...............................
8/31/2015
*
*
*
*
*
*
*
*
[FR Doc. 2017–10912 Filed 5–26–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[MD 204–3120; FRL–9959–24–Region 3]
Air Plan Approval; Maryland; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
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 (MDE) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective May 30,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; or
NARA. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
I. Background
The SIP is a living document which
a state revises as necessary to address its
VerDate Sep<11>2014
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State
effective
date
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*
5/30/2017 [Insert Federal
Register citation].
5/30/2017 [Insert Federal
Register citation].
*
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 federallyapproved 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 are
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), and
August 22, 2011 (76 FR 52278), 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
1. COMAR 26.11.09.10 (Requirements
to Burn Used Oil and Waste
Combustible Fluid as Fuel).
2. COMAR 26.11.09.12 (Standards for
Biomass Fuel-Burning Equipment Equal
to or Greater Than 350,000 Btu/hr).
3. COMAR 26.11.17.06 through .09
(Requirements for New Sources and
Modifications).
4. COMAR 26.11.19.07–2 (Plastic
Parts and Business Machines Coating).
5. COMAR 26.11.19.27–1 (Control of
Volatile Organic Compounds from
Pleasure Craft Coating Operations).
6. COMAR 26.11.26.01, 26.11.26.04
through .09 (Conformity).
7. COMAR 26.11.34.01 through .14
(Low Emissions Vehicle Program).
8. COMAR 26.11.35.01 through .07
(Volatile Organic Compounds from
Adhesives and Sealants).
9. COMAR 20.79.01.01 (part), .02
(part), and .06 (Applications Concerning
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Additional explanation/
citation at 40 CFR
52.1100
EPA approval date
*
*
the Construction or Modification of
Generating Stations and Overhead
Transmission Lines—General).
10. COMAR 20.79.02.01 through
20.79.02.03 (Applications Concerning
the Construction or Modification of
Generating Stations and Overhead
Transmission Lines—Administrative
Provisions).
11. COMAR 20.79.03.01 and
20.79.03.02 (part) (Applications
Concerning the Construction or
Modification of Generating Stations and
Overhead Transmission Lines—Details
of Filing Requirements—Generating
Stations).
12. Public Utility Companies Article
of the Annotated Code of Maryland,
sections 7–205, 7–207 (part), 7–207.1
(part), and 7–208.
13. Annotated Code of Maryland, title
15 (Public Ethics) which was also
removed and replaced (see section C of
this rulemaking).
14. Annotated Code of Maryland,
section 5–101 (a),(e),(f), (g)(1) and (2),
(h), (i), (j), (m), (n), (p), (s), (t), (bb), (ff),
(gg), (ll) (Definitions), section 5–103(a)
through (c) (Designation of Individuals
as Public Officials, section 5–208(a)
(Determination of Public Official in
Executive agency), section 5–501(a) and
(c) (Restrictions on Participation),
section 5–601(a) (Individuals Required
to File Statement), section 5–602(a)
(Financial Disclosure Statement—Filing
Requirements), section 5–606(a) (Public
Records), section 5–607(a) through (j)
(Content of statements), and section 5–
608(a) through (c) (Interests Attributable
to Individual Filing Statement).
15. In 40 CFR 52.1070(d), a source
specific requirement was added for the
GenOn Chalk Point Generating
Station—2011 Consent Decree for Chalk
Point.
B. Revised
1. COMAR 26.11.01.01 (Definitions).
2. COMAR 26.11.01.04 (Testing and
Monitoring).
3. COMAR 26.11.02.01 (Definitions),
.09 (Sources Subject to Permits to
Construct), .10 (Sources Exempt from
Permits to Construct and Approvals),
E:\FR\FM\30MYR1.SGM
30MYR1
]]>Agencies
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24546-24549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10912]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0238; FRL-9962-73-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric
Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
The revision consists of a Maryland regulation that regulates nitrogen
oxides (NOX) emissions from coal-fired electric generating
units (EGUs) in the State. EPA is approving this revision in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 29, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 24547]]
Number EPA-R03-OAR-2016-0238. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On January 11, 2017 (82 FR 3233), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA
proposed approval of a Maryland regulation to control emissions of
NOX from coal fired EGUs. The formal SIP revision (#15-06)
was submitted by the Maryland Department of the Environment (MDE) on
November 20, 2015. On September 8, 2016, MDE provided a letter to EPA
to clarify that the November 20, 2015 submission was submitted as a SIP
strengthening measure and not as a submission to address reasonably
available control technology (RACT) requirements for coal-fired EGUs.
As noted in the NPR, this action pertains only to the changes to
COMAR 26.11.38 that were submitted by MDE on November 20, 2015 with a
State effective date of August 31, 2015, namely COMAR 26.11.38.01-.05.
Subsequent revisions and amendments to this regulation have been made
by MDE, but have not yet been submitted to EPA for incorporation into
the Maryland SIP.
II. Summary of SIP Revision
The revision consists of Maryland regulation COMAR 26.11.38--
Control of NOX Emissions from Coal-Fired Electric Generating
Units (effective August 31, 2015). The regulation establishes
NOX emissions standards for 14 EGUs at 7 coal-fired power
plants, and requires an affected EGU to minimize NOX
emissions by operating and optimizing the use of all installed
pollution controls and combustion controls during all times that the
unit is in operation while burning coal. Additional monitoring and
recordkeeping are required to demonstrate compliance with these
requirements, and the owner or operator is required to submit a plan to
MDE and to EPA for approval, which summarizes the data to be collected
and make a showing that each affected EGU is operating its installed
controls. Other specific requirements of COMAR 26.11.38 and the
rationale supporting EPA's proposed rulemaking action are explained in
the NPR and Technical Support Document (TSD) supporting EPA's analysis
for approval of Maryland's regulation into the SIP and will not be
restated here. The NPR and TSD are available in the docket for this
rulemaking at https://www.regulations.gov, Docket ID Number EPA-R03-
OAR-2016-0238.
III. Public Comments and EPA's Responses
EPA received two anonymous comments on the January 11, 2017
proposed approval of COMAR 26.11.38 for the Maryland SIP.
Comment 1: One commenter expressed support for strengthening the
NOX emissions limits in Maryland.
Response 1: EPA thanks the commenter for the submitted statement.
Comment 2: Another commenter expressed support for the proposed
rulemaking as a SIP strengthening measure needed to reduce pollution
and to meet the requirements of the national ambient air quality
standards (NAAQS) ``to keep the air clean.'' However, the commenter
also stated, ``This regulation was submitted as a SIP strengthening
measure which seems to be necessary because of how it does not include
nitrogen oxides (NOX) emissions from seven coal-fired
electric generating units which is a great amount.'' The commenter also
stated it is an important measure to regulate clean air in ``already
polluted skies'' and acknowledged this regulation was SIP strengthening
and was not submitted to meet RACT requirements.
Response 2: EPA thanks the commenter for supporting our approval of
the Maryland regulation into the State's SIP. EPA notes that the
commenter is incorrect in stating that COMAR 26.11.38, entitled
``Control of Nitrogen Oxides Emissions from Coal Fired Electric
Generating Units,'' does not apply to NOX emissions from
seven coal-fired EGUs. The language of COMAR 26.11.38 specifically
contains NOX limitations for these EGUs as well as other
control measures related to NOX emissions ass discussed in
the NPR and TSD. As EPA discussed in the NPR, because NOX is
a precursor to ozone formation, the NOX limitations and
measures for these EGUs identified in COMAR 26.11.38 will reduce
NOX emissions and ozone formation in Maryland which should
assist Maryland with attaining and maintaining the ozone NAAQS.
Finally, the commenter correctly acknowledged that Maryland had not
submitted COMAR 26.11.38 for SIP inclusion to address any RACT
requirements which Maryland confirmed with its September 8, 2016 letter
to EPA. The September 8, 2016 letter is available in the docket for
this rulemaking. EPA expects subsequent rulemaking action on Maryland's
obligations for RACT under the 2008 ozone NAAQS.
III. Final Action
EPA is approving Maryland regulation COMAR 26.11.38, submitted in
the November 20, 2015 SIP submission, which has a state effective date
of August 31, 2015, as a revision to the Maryland SIP as a SIP
strengthening measure in accordance with section 110 of the CAA. COMAR
26.11.38.01-.05 imposes NOX emissions limits on coal fired
EGUs subject to the regulation, and EPA expects the regulation will
lower NOX emissions within the State which should reduce
ozone formation. The NOX emissions limits plus the operation
and optimization of the existing NOX controls whenever the
units are in operation strengthens the Maryland SIP and will help the
State's attainment and maintenance of the ozone NAAQS.
IV. Incorporation by Reference
In this rule, 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 Maryland
regulation COMAR 26.11.38.01-.05 described in the amendments to 40 CFR
part 52 set forth below. Therefore, these materials have been approved
by EPA for inclusion in the SIP, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and/or at the EPA Region
III Office (please contact the person identified in the ``For Further
[[Page 24548]]
Information Contact'' section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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V. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 July 31, 2017. 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. This action approving Maryland regulation COMAR 26.11.38 into
the Maryland SIP 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, Reporting and recordkeeping
requirement.
Dated: May 5, 2017.
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. In Sec. 52.1070, the table in paragraph (c) is amended by adding
the heading ``26.11.38 Control of Nitrogen Oxide Emissions from Coal-
Fired Electric Generating Units'' and the entries ``26.11.38.01 through
26.11.38.05'' in numerical order to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, And Statutes In The Maryland Sip
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Code of Maryland Administrative State Additional explanation/ citation at
Regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100
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* * * * * * *
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26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.11.38.01...................... Definitions.............. 8/31/2015 5/30/2017 [Insert Federal Register
citation].
26.11.38.02...................... Applicability............ 8/31/2015 5/30/2017 [Insert Federal Register
citation].
26.11.38.03...................... 2015 NOX Emission Control 8/31/2015 5/30/2017 [Insert Federal Register
Requirements. citation].
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26.11.38.04...................... Compliance Demonstration 8/31/2015 5/30/2017 [Insert Federal Register
Requirements. citation].
26.11.38.05...................... Reporting Requirements... 8/31/2015 5/30/2017 [Insert Federal Register
citation].
* * * * * * *
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[FR Doc. 2017-10912 Filed 5-26-17; 8:45 am]
BILLING CODE 6560-50-P
