Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX, 39014-39017 [2018-16778]
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39014
Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
would not interfere with continued
attainment of the NAAQS in the South
Coast Air Basin. The intended effect of
our proposed conditional approval
action is to update the applicable SIP
with current SCAQMD rules and
provide SCAQMD the opportunity to
correct the identified deficiencies, as
discussed in their commitment letter
dated June 26, 2018. If we finalize this
action as proposed, our action would
incorporate this rule into the federally
enforceable SIP and be codified through
revisions to 40 CFR 52.220
(Identification of plan) and 40 CFR
52.119 (Part D conditional approval).
If the State meets its commitment to
submit the required measures within 12
months of the date of EPA’s final action,
Rule 1325 will remain a part of the SIP
until EPA takes final action approving
or disapproving any subsequently
submitted SIP revision. However, if the
District fails to submit a revision within
the required timeframe, the conditional
approval will automatically become a
disapproval, and EPA will issue a
finding of disapproval. EPA is not
required to propose the finding of
disapproval.
We will accept comments from the
public on this proposal until September
7, 2018. If we take final action to
approve the submitted rule, our final
action will incorporate this rule into the
federally enforceable SIP.
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IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule, regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the SCAQMD rule listed in Table 1 of
this preamble. The EPA has made, and
will continue to make, these materials
available electronically through
www.regulations.gov and in hard copy
at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
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Authority: 42 U.S.C. 7401 et seq.
Dated: July 24, 2018.
Michael Stoker,
Regional Administrator, Region IX.
[FR Doc. 2018–16877 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0507; FRL–9981–
77—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; NOX Ozone Season
Emissions Caps for Non-Trading Large
NOX Units and Associated Revisions to
General Administrative Provisions and
Kraft Pulp Mill Regulation
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Maryland.
This revision (Maryland SIP Revision
#18–03) pertains to a new Maryland
regulation that establishes ozone season
nitrogen oxides (NOX) emissions caps
and other requirements for large nonelectric generating units (non-EGU) in
Maryland and includes associated
revisions to two other Maryland
regulations. The revisions will enable
Maryland to meet NOX reduction
requirements related to interstate
transport of pollution that contributes to
other states’ nonattainment or interferes
with other states’ maintenance of the
ozone national ambient air quality
standards (NAAQS). This action is being
taken under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 7,
2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0507 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
SUMMARY:
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: On May
15, 2018, the State of Maryland, through
the Maryland Department of the
Environment (MDE), submitted for
approval into the Maryland SIP new
Code of Maryland Regulation (COMAR)
26.11.40—NOX Ozone Season Emission
Caps for Non-Trading Large NOX Units
and revisions to two regulations
presently included in the Maryland SIP,
COMAR 26.11.01.01—General
Administrative Provisions and COMAR
26.11.14—Control of Emissions from
Kraft Pulp Mills to EPA.
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I. Background
In October 1998 (63 FR 57356), EPA
finalized the ‘‘Finding of Significant
Contribution and Rulemaking for
Certain States in the Ozone Transport
Assessment Group Region for Purposes
of Reducing Regional Transport of
Ozone’’—commonly called the NOX SIP
Call. The NOX SIP Call, issued pursuant
to Section 110 of the CAA, was designed
to mitigate significant transport of NOX,
one of the precursors of ozone. EPA
developed the NOX Budget Trading
Program, an allowance trading program
that states could adopt to meet their
obligations under the NOX SIP Call. The
NOX Budget Trading Program allowed
electric generating units (EGUs) greater
than 25 megawatts and industrial nonelectric generating units, such as boilers
and turbines, with a rated heat input
greater than 250 million British thermal
units per hour (MMBtu/hr), referred to
as ‘‘large non-EGUs’’, to participate in a
regional NOX cap and trade program.
The NOX SIP Call also established
specific reduction requirements for
other non-EGUs, including cement kilns
and stationary internal combustion (IC)
engines. On January 10, 2001 (66 FR
1866), EPA approved two Maryland
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regulations, COMAR 26.11.29—NOX
Reduction and Trading Program, and
COMAR 26.11.30—Policies and
Procedures Relating to Maryland’s NOX
Reduction and Trading Program, into
the Maryland SIP as meeting the
requirements of the NOX SIP Call.
Under the approved trading program,
large EGUs and large non-EGUs in
Maryland participated in a regional cap
and trade program that was
administered by EPA.
On May 12, 2005, (70 FR 25162), EPA
promulgated the Clean Air Interstate
Rule (CAIR) to address transported
emissions that significantly contributed
to downwind states’ nonattainment and
maintenance of the 1997 ozone and fine
particulate matter (PM2.5) NAAQS. CAIR
required 28 states, including Maryland,
to reduce emissions of NOX and sulfur
dioxide (SO2), which are precursors to
ozone and PM2.5. Under CAIR, EPA
developed separate cap and trade
programs for annual NOX, ozone season
NOX, and annual SO2 emissions. On
April 28, 2006 (71 FR 25328), EPA also
promulgated federal implementation
plans (FIPs) requiring the EGUs in each
affected state, but not large non-EGUs,
to participate in the CAIR trading
programs. States could comply with the
requirements of CAIR by either
remaining on the FIP, which applied
only to EGUs, or by submitting a CAIR
SIP revision that included as trading
sources EGUs and the non-EGUs that
formerly traded in the NOX Budget
Trading Program under the NOX SIP
Call. EPA discontinued administration
of the NOX Budget Trading Program in
2009 upon the start of the CAIR trading
programs.1 The NOX SIP Call
requirements continued to apply,
however, and EGUs that were formerly
trading under the NOX Budget Trading
Program continued to meet their NOX
SIP Call requirements under the
generally more stringent requirements of
the CAIR ozone season trading program.
States needed to assess their NOX SIP
Call requirements and take other
regulatory action as necessary to ensure
that their obligations for the large nonEGUs continued to be met either
through submission of a CAIR SIP or
other NOX regulation. EPA has
1 CAIR was subsequently vacated and remanded.
See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), modified by 550 F.3d 1176 (remanding
CAIR). CAIR was replaced with the Cross-State Air
Pollution Rule, or CSAPR (76 FR 48208, August 8,
2011), which, after legal challenges, was
implemented starting in January 2015. The NOX
Ozone Season Trading Program under CSAPR was
replaced in Maryland and most other states by a
new trading program for ozone season NOX under
the CSAPR Update rule in January 2017 (81 FR
74504, October 26, 2016).
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39015
implementing regulations for the NOX
SIP Call at 40 CFR 51.121.
In Maryland, Luke Paper Mill
(formerly the Westvaco pulp and paper
mill) was the only facility with nonEGUs that were affected by the NOX SIP
Call and which participated in the NOX
Budget Trading Program. When the
CAIR NOX Ozone Season trading
program replaced the NOX Budget
Trading Program, Maryland adopted the
CAIR program as it applied to large
EGUs, but chose not to include the nonEGUs at Luke as participants in the
CAIR NOX Ozone Season trading
program.2 Instead, in 2010, Maryland
adopted COMAR 26.11.14.07–Control of
Emissions from Kraft Pulp Mills, which,
among other requirements, included
provisions that address the NOX SIP
Call non-EGU requirements in Maryland
through a NOX ozone season tonnage
cap of 947 tons for the Luke non-EGUs
and monitoring, recordkeeping, and
reporting in accordance with 40 CFR
part 75. EPA conditionally approved
COMAR 26.11.14.07 into the Maryland
SIP on August 30, 2016 (81 FR 59486)
and took final approval on July 17, 2017
(82 FR 32641).
Subsequent to adoption of COMAR
26.11.14.07, MDE determined that
additional applicable units have either
started operation or were previously not
subject but have become subject to the
requirements for non-EGUs under the
NOX SIP Call as the units are greater
than 250 MMBtu/hr. A review of the
applicability of the NOX SIP Call to
large non-EGUs in the State showed that
there are three additional facilities
having non-EGUs that are covered under
the NOX SIP Call. MDE adopted new
regulation COMAR 26.11.40 to
reallocate the NOX emissions cap among
the affected sources, and concurrently
revised COMAR 26.11.14.07 to reflect a
reduced cap for Luke. The NOX annual
emissions cap for Maryland established
for the NOX SIP Call is 1,013 tons per
year of NOX, as established by EPA in
40 CFR part 97, subpart E, Appendix C.
II. Summary of SIP Revision and EPA
Analysis
On May 15, 2018, Maryland, through
MDE, submitted for inclusion in the
Maryland SIP new regulation COMAR
26.11.40—NOX Ozone Season Emission
Caps for Non-trading Large NOX Units,
2 CAIR became obsolete upon implementation of
the CSAPR program. Maryland subsequently took
action rescinding its CAIR regulation (COMAR
26.11.28), and submitted a SIP revision to EPA
which sought removal of the regulation in its
entirety from the approved Maryland SIP. On July
17, 2017 (82 FR 32641), EPA approved the SIP
revision removing the CAIR regulation from
Maryland’s SIP.
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
and associated revisions to COMAR
26.11.01.01—General Administrative
Provisions, and COMAR 26.11.14—
Control of Emissions from Kraft Pulp
Mills.
New COMAR 26.11.40 establishes
NOX ozone season tonnage caps and
NOX monitoring requirements for large
non-EGUs in the State that are not
covered under the Cross-State Air
Pollution Rule (CSAPR) to meet
requirements of the NOX SIP Call.
Regulation .01 under COMAR 26.11.40
defines the terms used in COMAR
26.11.40, including ‘‘boiler’’, ‘‘combined
cycle system’’, ‘‘combustion turbine’’,
‘‘fossil-fuel’’, ‘‘fossil fuel-fired’’, ‘‘new
unit’’, ‘‘new unit set-aside’’, ‘‘nontrading large NOX unit’’, and ‘‘ozone
season’’. The definition of non-trading
large NOX unit in Regulation .01 lists
two categories of sources: (1) Non-EGUs
with a maximum design heat input
greater than 250 MMBtu/hr, and (2)
fossil fuel-fired EGUs serving a
generator with a nameplate capacity
greater than 25 megawatt output.
Maryland explains its intent that these
definitions apply to non-EGUs and
EGUs as defined for purposes of the
NOX SIP Call as amended.3 In addition
to the definitions of non-trading large
NOX unit, Maryland clarifies its intent
by specifically listing in Regulation .02
all units in the State that currently meet
the definitions. Regulation .01 also
clarifies that non-EGUs subject to this
rule are units that are not already
subject to the CSAPR NOX Ozone
Season Group 2 Trading Program under
40 CFR part 97, subpart EEEEE.
Regulation .02 under COMAR
26.11.40 lists the currently affected nonEGUs meeting the definition of ‘‘nontrading large NOX unit’’ (shown in the
following table), and includes a
provision that any new unit installed
after May 1, 2018 or an existing unit that
is modified such that it meets the
definition of a large non-EGU will
become subject to the requirements of
COMAR 26.11.40. Regulation .03 under
COMAR 26.11.40 establishes the NOX
annual tonnage caps for each source.
The affected units and their NOX ozone
season caps are as follows:
NOX ozone
season cap
(tons)
Facility
Unit
American Sugar Refining ............................................................
Dominion Energy Cove Point LNG .............................................
24
214
Luke Paper Mill ...........................................................................
National Institutes of Health ........................................................
New unit set-aside ......................................................................
C6 ...............................................................................................
Frame 5–1 (Turbine S009), Frame 5–2 (Turbine S010), Frame
7–A, Frame 7–B, Aux. A, Aux B.
24, 25, and 26 ............................................................................
5–1156 .......................................................................................
....................................................................................................
Total .....................................................................................
....................................................................................................
1,013
656
23
96
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Regulation .03 also establishes a 96
ton set aside for new units or modified
existing units. The total, 1,013 tons of
NOX, is consistent with the portion of
the overall Maryland NOX Budget
Trading Program budget for large nonEGUs.4 Regulation .03 stipulates that the
combined NOX ozone season emissions
from units subject to COMAR 26.11.40
may not exceed 1,013 tons. Regulation
.04 requires continuous emissions
monitoring (CEM) of NOX emissions at
affected units in accordance with 40
CFR part 75, subpart H, as required by
40 CFR 51.121(i)(4),5 maintenance of
records and submittal of reports in
accordance with 40 CFR part 75, and
submittal of CEMs data to the State on
a quarterly basis.
To meet NOX SIP Call requirements
and conform to COMAR 26.11.40,
Maryland revised regulation .07A of
COMAR 26.11.14 Control of emissions
from Kraft Pulp Mills to remove the 947
ton ozone season NOX cap that
originally applied to the Luke Mill. A
new provision in COMAR 26.11.14
establishes Luke’s lower NOX cap via a
cross reference to Luke’s 636 ton per
year cap in COMAR 26.11.40.03.
Regulation .07B removes the
requirements for an owner or operator of
a kraft pulp mill that exceeds the
emission limit(s) specified in COMAR
26.11.14 to acquire one ozone season
NOX allowance for every ton of NOX
emissions over the limits to demonstrate
compliance, and requires compliance
instead to be demonstrated with the 636
ton per year cap via a CEMs meeting 40
CFR part 75. Maryland removed the
provision for paper mills such as Luke
Mill to acquire additional NOX
allowances in order for the sources in
the State to remain under Maryland’s
total NOX ozone season cap for the NOX
SIP Call.
Correspondingly, Maryland also
revised a provision of COMAR
26.11.01—General Administrative
Provisions to remove the definition for
‘‘NOX ozone season allowance’’ which
is no longer necessary because the
revisions to COMAR 26.11.14 remove
the requirement for fuel burning
equipment at Luke to purchase NOX
ozone season allowances for any
exceedance over its specified limits.
EPA finds that this May 2018 SIP
submittal meets Maryland’s NOX SIP
Call requirements (including
requirements in CAA section 110 and 40
CFR 51.121) for non-EGUs through: (1)
New regulation COMAR 24.11.40 which
updates the State’s requirements to
include all currently applicable large
non-EGUs and any new non-EGUs
under the NOX SIP Call; (2) the
specified state-wide ozone season NOX
emissions cap of 1013 tons which is
consistent with the portion of the
overall Maryland NOX emissions budget
under the NOX Budget Trading Program
attributable to non-EGUs, and (3)
through the 40 CFR part 75 monitoring,
recordkeeping and reporting
requirements which apply for the
affected non-EGUs. In addition, the
3 The definitions for non-EGUs and EGUs are set
forth in the preamble to the April 2004 NOX SIP
Call amendments. See 69 FR 21604 and 21616,
April 21, 2004.
4 Maryland’s NO Budget Trading Program
X
regulations included an overall budget of 15,466
tons for EGUs and non-EGUs. See, e.g., The NOX
Budget Trading Program: 2008 Highlights (October
2009) at 10, available at https://www.epa.gov/
airmarkets/nox-budget-trading-program-historical-
reports. While most of the overall budget was
allocated directly to EGUs and non-EGUs (those
shares were 13,793 tons and 947 tons, respectively),
a 726-ton portion was not assigned to either sector,
but instead was placed in set-asides. To identify the
portion of the overall 15,466-ton budget attributable
to non-EGUs that would be an appropriate cap for
its replacement non-EGU rule, Maryland has
therefore used the 1,013-ton non-EGU portion of the
overall budget of 15,532 tons established for
Maryland’s EGUs and non-EGUs under a different
federal rule promulgated contemporaneously with
the NOX SIP Call pursuant to CAA section 126. See
40 CFR part 97, subpart E, appendix C. In the
absence of an express division of the State’s overall
NOX Budget Trading Program budget between EGUs
and non-EGUs, EPA believes the State’s approach
to identifying an appropriate cap for its replacement
non-EGU rule is reasonable.
5 EPA’s regulations implementing the NO SIP
X
Call are in 40 CFR 51.121.
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules
revisions remove the ability of kraft
pulp mills that exceed their NOX limits
and caps to comply by purchasing or
otherwise acquiring NOX allowances
from EPA’s ozone season NOX trading
program by removing these provisions
in COMAR 26.11.14 and 26.11.01. The
removal of the provisions allowing
purchase of additional allowances
removes the potential for increased local
NOX emissions.
The May 15, 2018 Maryland SIP
submittal does not result in increased
NOX emissions, and therefore has no
impact on any requirements related to
attainment, reasonable further progress,
or any other NAAQS requirements
under the CAA. The submittal therefore
meets section 110(l) of the CAA.
III. Proposed Action
EPA’s review of this material
indicates that Maryland’s May 18, 2018
SIP revision submittal (Maryland SIP
Revision #18–03) is approvable in
accordance with CAA section 110. For
the reasons noted previously, EPA is
proposing to approve the Maryland SIP
revision submitted on May 15, 2018.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
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IV. Incorporation by Reference
In this proposed action, EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference new Maryland regulation
COMAR 26.11.40 and associated
revisions to COMAR 26.11.01 and
COMAR 26.11.14.07. EPA has made,
and will continue to make, these
materials generally available through
https://www.regulations.gov and at the
EPA Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
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 proposed action:
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• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this action proposing
approval of Maryland regulation
COMAR 26.11.40 and associated
revisions to other COMAR regulations
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, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
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39017
Dated: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018–16778 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0711; FRL–9981–
91—Region 9]
Approval of California Air Plan
Revision, South Coast Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the South Coast Air Quality
Management District (SCAQMD) portion
of the California State Implementation
Plan (SIP). This revision concerns
emissions of volatile organic
compounds (VOCs) from architectural
coatings. We are proposing to approve a
local rule to regulate emissions from
architectural coatings under the Clean
Air Act (CAA or the Act). We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Any comments must arrive by
September 7, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2016–0711 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be removed or edited from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
SUMMARY:
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39014-39017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16778]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0507; FRL-9981-77--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; NOX Ozone Season Emissions Caps for Non-Trading Large NOX
Units and Associated Revisions to General Administrative Provisions and
Kraft Pulp Mill Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Maryland. This revision (Maryland SIP Revision #18-03)
pertains to a new Maryland regulation that establishes ozone season
nitrogen oxides (NOX) emissions caps and other requirements
for large non-electric generating units (non-EGU) in Maryland and
includes associated revisions to two other Maryland regulations. The
revisions will enable Maryland to meet NOX reduction
requirements related to interstate transport of pollution that
contributes to other states' nonattainment or interferes with other
states' maintenance of the ozone national ambient air quality standards
(NAAQS). This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 7,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0507 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
[[Page 39015]]
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On May 15, 2018, the State of Maryland,
through the Maryland Department of the Environment (MDE), submitted for
approval into the Maryland SIP new Code of Maryland Regulation (COMAR)
26.11.40--NOX Ozone Season Emission Caps for Non-Trading Large NOX
Units and revisions to two regulations presently included in the
Maryland SIP, COMAR 26.11.01.01--General Administrative Provisions and
COMAR 26.11.14--Control of Emissions from Kraft Pulp Mills to EPA.
I. Background
In October 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone''--commonly called the NOX SIP Call. The
NOX SIP Call, issued pursuant to Section 110 of the CAA, was
designed to mitigate significant transport of NOX, one of
the precursors of ozone. EPA developed the NOX Budget
Trading Program, an allowance trading program that states could adopt
to meet their obligations under the NOX SIP Call. The
NOX Budget Trading Program allowed electric generating units
(EGUs) greater than 25 megawatts and industrial non-electric generating
units, such as boilers and turbines, with a rated heat input greater
than 250 million British thermal units per hour (MMBtu/hr), referred to
as ``large non-EGUs'', to participate in a regional NOX cap
and trade program. The NOX SIP Call also established
specific reduction requirements for other non-EGUs, including cement
kilns and stationary internal combustion (IC) engines. On January 10,
2001 (66 FR 1866), EPA approved two Maryland regulations, COMAR
26.11.29--NOX Reduction and Trading Program, and COMAR
26.11.30--Policies and Procedures Relating to Maryland's NOX
Reduction and Trading Program, into the Maryland SIP as meeting the
requirements of the NOX SIP Call. Under the approved trading
program, large EGUs and large non-EGUs in Maryland participated in a
regional cap and trade program that was administered by EPA.
On May 12, 2005, (70 FR 25162), EPA promulgated the Clean Air
Interstate Rule (CAIR) to address transported emissions that
significantly contributed to downwind states' nonattainment and
maintenance of the 1997 ozone and fine particulate matter
(PM2.5) NAAQS. CAIR required 28 states, including Maryland,
to reduce emissions of NOX and sulfur dioxide
(SO2), which are precursors to ozone and PM2.5.
Under CAIR, EPA developed separate cap and trade programs for annual
NOX, ozone season NOX, and annual SO2
emissions. On April 28, 2006 (71 FR 25328), EPA also promulgated
federal implementation plans (FIPs) requiring the EGUs in each affected
state, but not large non-EGUs, to participate in the CAIR trading
programs. States could comply with the requirements of CAIR by either
remaining on the FIP, which applied only to EGUs, or by submitting a
CAIR SIP revision that included as trading sources EGUs and the non-
EGUs that formerly traded in the NOX Budget Trading Program
under the NOX SIP Call. EPA discontinued administration of
the NOX Budget Trading Program in 2009 upon the start of the
CAIR trading programs.\1\ The NOX SIP Call requirements
continued to apply, however, and EGUs that were formerly trading under
the NOX Budget Trading Program continued to meet their
NOX SIP Call requirements under the generally more stringent
requirements of the CAIR ozone season trading program. States needed to
assess their NOX SIP Call requirements and take other
regulatory action as necessary to ensure that their obligations for the
large non-EGUs continued to be met either through submission of a CAIR
SIP or other NOX regulation. EPA has implementing
regulations for the NOX SIP Call at 40 CFR 51.121.
---------------------------------------------------------------------------
\1\ CAIR was subsequently vacated and remanded. See North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified by 550 F.3d
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air
Pollution Rule, or CSAPR (76 FR 48208, August 8, 2011), which, after
legal challenges, was implemented starting in January 2015. The
NOX Ozone Season Trading Program under CSAPR was replaced
in Maryland and most other states by a new trading program for ozone
season NOX under the CSAPR Update rule in January 2017
(81 FR 74504, October 26, 2016).
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In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper
mill) was the only facility with non-EGUs that were affected by the
NOX SIP Call and which participated in the NOX
Budget Trading Program. When the CAIR NOX Ozone Season
trading program replaced the NOX Budget Trading Program,
Maryland adopted the CAIR program as it applied to large EGUs, but
chose not to include the non-EGUs at Luke as participants in the CAIR
NOX Ozone Season trading program.\2\ Instead, in 2010,
Maryland adopted COMAR 26.11.14.07-Control of Emissions from Kraft Pulp
Mills, which, among other requirements, included provisions that
address the NOX SIP Call non-EGU requirements in Maryland
through a NOX ozone season tonnage cap of 947 tons for the
Luke non-EGUs and monitoring, recordkeeping, and reporting in
accordance with 40 CFR part 75. EPA conditionally approved COMAR
26.11.14.07 into the Maryland SIP on August 30, 2016 (81 FR 59486) and
took final approval on July 17, 2017 (82 FR 32641).
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\2\ CAIR became obsolete upon implementation of the CSAPR
program. Maryland subsequently took action rescinding its CAIR
regulation (COMAR 26.11.28), and submitted a SIP revision to EPA
which sought removal of the regulation in its entirety from the
approved Maryland SIP. On July 17, 2017 (82 FR 32641), EPA approved
the SIP revision removing the CAIR regulation from Maryland's SIP.
---------------------------------------------------------------------------
Subsequent to adoption of COMAR 26.11.14.07, MDE determined that
additional applicable units have either started operation or were
previously not subject but have become subject to the requirements for
non-EGUs under the NOX SIP Call as the units are greater
than 250 MMBtu/hr. A review of the applicability of the NOX
SIP Call to large non-EGUs in the State showed that there are three
additional facilities having non-EGUs that are covered under the
NOX SIP Call. MDE adopted new regulation COMAR 26.11.40 to
reallocate the NOX emissions cap among the affected sources,
and concurrently revised COMAR 26.11.14.07 to reflect a reduced cap for
Luke. The NOX annual emissions cap for Maryland established
for the NOX SIP Call is 1,013 tons per year of
NOX, as established by EPA in 40 CFR part 97, subpart E,
Appendix C.
II. Summary of SIP Revision and EPA Analysis
On May 15, 2018, Maryland, through MDE, submitted for inclusion in
the Maryland SIP new regulation COMAR 26.11.40--NOX Ozone
Season Emission Caps for Non-trading Large NOX Units,
[[Page 39016]]
and associated revisions to COMAR 26.11.01.01--General Administrative
Provisions, and COMAR 26.11.14--Control of Emissions from Kraft Pulp
Mills.
New COMAR 26.11.40 establishes NOX ozone season tonnage
caps and NOX monitoring requirements for large non-EGUs in
the State that are not covered under the Cross-State Air Pollution Rule
(CSAPR) to meet requirements of the NOX SIP Call. Regulation
.01 under COMAR 26.11.40 defines the terms used in COMAR 26.11.40,
including ``boiler'', ``combined cycle system'', ``combustion
turbine'', ``fossil-fuel'', ``fossil fuel-fired'', ``new unit'', ``new
unit set-aside'', ``non-trading large NOX unit'', and
``ozone season''. The definition of non-trading large NOX
unit in Regulation .01 lists two categories of sources: (1) Non-EGUs
with a maximum design heat input greater than 250 MMBtu/hr, and (2)
fossil fuel-fired EGUs serving a generator with a nameplate capacity
greater than 25 megawatt output. Maryland explains its intent that
these definitions apply to non-EGUs and EGUs as defined for purposes of
the NOX SIP Call as amended.\3\ In addition to the
definitions of non-trading large NOX unit, Maryland
clarifies its intent by specifically listing in Regulation .02 all
units in the State that currently meet the definitions. Regulation .01
also clarifies that non-EGUs subject to this rule are units that are
not already subject to the CSAPR NOX Ozone Season Group 2
Trading Program under 40 CFR part 97, subpart EEEEE.
---------------------------------------------------------------------------
\3\ The definitions for non-EGUs and EGUs are set forth in the
preamble to the April 2004 NOX SIP Call amendments. See
69 FR 21604 and 21616, April 21, 2004.
---------------------------------------------------------------------------
Regulation .02 under COMAR 26.11.40 lists the currently affected
non-EGUs meeting the definition of ``non-trading large NOX
unit'' (shown in the following table), and includes a provision that
any new unit installed after May 1, 2018 or an existing unit that is
modified such that it meets the definition of a large non-EGU will
become subject to the requirements of COMAR 26.11.40. Regulation .03
under COMAR 26.11.40 establishes the NOX annual tonnage caps
for each source. The affected units and their NOX ozone
season caps are as follows:
------------------------------------------------------------------------
NOX ozone
Facility Unit season cap
(tons)
------------------------------------------------------------------------
American Sugar Refining........ C6..................... 24
Dominion Energy Cove Point LNG. Frame 5-1 (Turbine 214
S009), Frame 5-2
(Turbine S010), Frame
7-A, Frame 7-B, Aux.
A, Aux B.
Luke Paper Mill................ 24, 25, and 26......... 656
National Institutes of Health.. 5-1156................. 23
New unit set-aside............. ....................... 96
---------------
Total...................... ....................... 1,013
------------------------------------------------------------------------
Regulation .03 also establishes a 96 ton set aside for new units or
modified existing units. The total, 1,013 tons of NOX, is
consistent with the portion of the overall Maryland NOX
Budget Trading Program budget for large non-EGUs.\4\ Regulation .03
stipulates that the combined NOX ozone season emissions from
units subject to COMAR 26.11.40 may not exceed 1,013 tons. Regulation
.04 requires continuous emissions monitoring (CEM) of NOX
emissions at affected units in accordance with 40 CFR part 75, subpart
H, as required by 40 CFR 51.121(i)(4),\5\ maintenance of records and
submittal of reports in accordance with 40 CFR part 75, and submittal
of CEMs data to the State on a quarterly basis.
---------------------------------------------------------------------------
\4\ Maryland's NOX Budget Trading Program regulations
included an overall budget of 15,466 tons for EGUs and non-EGUs.
See, e.g., The NOX Budget Trading Program: 2008
Highlights (October 2009) at 10, available at https://www.epa.gov/airmarkets/nox-budget-trading-program-historical-reports. While most
of the overall budget was allocated directly to EGUs and non-EGUs
(those shares were 13,793 tons and 947 tons, respectively), a 726-
ton portion was not assigned to either sector, but instead was
placed in set-asides. To identify the portion of the overall 15,466-
ton budget attributable to non-EGUs that would be an appropriate cap
for its replacement non-EGU rule, Maryland has therefore used the
1,013-ton non-EGU portion of the overall budget of 15,532 tons
established for Maryland's EGUs and non-EGUs under a different
federal rule promulgated contemporaneously with the NOX
SIP Call pursuant to CAA section 126. See 40 CFR part 97, subpart E,
appendix C. In the absence of an express division of the State's
overall NOX Budget Trading Program budget between EGUs
and non-EGUs, EPA believes the State's approach to identifying an
appropriate cap for its replacement non-EGU rule is reasonable.
\5\ EPA's regulations implementing the NOX SIP Call
are in 40 CFR 51.121.
---------------------------------------------------------------------------
To meet NOX SIP Call requirements and conform to COMAR
26.11.40, Maryland revised regulation .07A of COMAR 26.11.14 Control of
emissions from Kraft Pulp Mills to remove the 947 ton ozone season
NOX cap that originally applied to the Luke Mill. A new
provision in COMAR 26.11.14 establishes Luke's lower NOX cap
via a cross reference to Luke's 636 ton per year cap in COMAR
26.11.40.03. Regulation .07B removes the requirements for an owner or
operator of a kraft pulp mill that exceeds the emission limit(s)
specified in COMAR 26.11.14 to acquire one ozone season NOX
allowance for every ton of NOX emissions over the limits to
demonstrate compliance, and requires compliance instead to be
demonstrated with the 636 ton per year cap via a CEMs meeting 40 CFR
part 75. Maryland removed the provision for paper mills such as Luke
Mill to acquire additional NOX allowances in order for the
sources in the State to remain under Maryland's total NOX
ozone season cap for the NOX SIP Call.
Correspondingly, Maryland also revised a provision of COMAR
26.11.01--General Administrative Provisions to remove the definition
for ``NOX ozone season allowance'' which is no longer
necessary because the revisions to COMAR 26.11.14 remove the
requirement for fuel burning equipment at Luke to purchase
NOX ozone season allowances for any exceedance over its
specified limits.
EPA finds that this May 2018 SIP submittal meets Maryland's
NOX SIP Call requirements (including requirements in CAA
section 110 and 40 CFR 51.121) for non-EGUs through: (1) New regulation
COMAR 24.11.40 which updates the State's requirements to include all
currently applicable large non-EGUs and any new non-EGUs under the
NOX SIP Call; (2) the specified state-wide ozone season
NOX emissions cap of 1013 tons which is consistent with the
portion of the overall Maryland NOX emissions budget under
the NOX Budget Trading Program attributable to non-EGUs, and
(3) through the 40 CFR part 75 monitoring, recordkeeping and reporting
requirements which apply for the affected non-EGUs. In addition, the
[[Page 39017]]
revisions remove the ability of kraft pulp mills that exceed their
NOX limits and caps to comply by purchasing or otherwise
acquiring NOX allowances from EPA's ozone season
NOX trading program by removing these provisions in COMAR
26.11.14 and 26.11.01. The removal of the provisions allowing purchase
of additional allowances removes the potential for increased local
NOX emissions.
The May 15, 2018 Maryland SIP submittal does not result in
increased NOX emissions, and therefore has no impact on any
requirements related to attainment, reasonable further progress, or any
other NAAQS requirements under the CAA. The submittal therefore meets
section 110(l) of the CAA.
III. Proposed Action
EPA's review of this material indicates that Maryland's May 18,
2018 SIP revision submittal (Maryland SIP Revision #18-03) is
approvable in accordance with CAA section 110. For the reasons noted
previously, EPA is proposing to approve the Maryland SIP revision
submitted on May 15, 2018. EPA is soliciting public comments on the
issues discussed in this document. These comments will be considered
before taking final action.
IV. Incorporation by Reference
In this proposed action, EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, EPA is proposing to
incorporate by reference new Maryland regulation COMAR 26.11.40 and
associated revisions to COMAR 26.11.01 and COMAR 26.11.14.07. EPA has
made, and will continue to make, these materials generally available
through https://www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
V. Statutory and Executive Order Reviews
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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this action proposing approval of Maryland regulation
COMAR 26.11.40 and associated revisions to other COMAR regulations 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16778 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P