Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides (NOX, 51366-51369 [2018-21653]
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
On August 8, 2018 (83 FR 39014),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
Maryland. In the NPRM, EPA proposed
Approval and Promulgation of Air
approval of new Code of Maryland
Quality Implementation Plans;
Regulation (COMAR) 26.11.40—NOX
Maryland; Nitrogen Oxides (NOX)
Ozone Season Emission Caps for NonOzone Season Emissions Caps for
Trading Large NOX Units and revisions
Non-Trading Large NOX Units and
to two regulations presently included in
Associated Revisions to General
the Maryland SIP, COMAR
Administrative Provisions and Kraft
26.11.01.01—General Administrative
Pulp Mill Regulation
Provisions and COMAR 26.11.14—
Control of Emissions from Kraft Pulp
AGENCY: Environmental Protection
Mills. The formal SIP revision was
Agency (EPA).
submitted by Maryland on May 15,
ACTION: Final rule.
2018. The SIP revision was submitted to
SUMMARY: The Environmental Protection address Maryland’s requirements under
the NOX SIP Call. (63 FR 57356, October
Agency (EPA) is approving a state
27, 1998.)
implementation plan (SIP) revision
submitted by the State of Maryland. The
The NOX SIP Call, issued pursuant to
revision (Maryland SIP Revision #18–
Section 110 of the CAA and codified at
03) pertains to a new Maryland
40 CFR 51.121 and 51.122, was
regulation that establishes ozone season designed to mitigate significant
nitrogen oxides (NOX) emissions caps
transport of NOX, one of the precursors
and other requirements for large nonof ozone.1 EPA developed the NOX
electric generating units (non-EGU) in
Budget Trading Program, an EPAMaryland and includes associated
administered allowance trading program
revisions to two other Maryland
that states could adopt to meet their
regulations. The revision will enable
obligations under the NOX SIP Call. The
Maryland to meet NOX reduction
NOX Budget Trading Program allowed
requirements related to interstate
electric generating units (EGUs) greater
transport of pollution that contributes to than 25 megawatts and industrial nonother states’ nonattainment or interferes electric generating units, such as boilers
with other states’ maintenance of the
and turbines, with a rated heat input
ozone national ambient air quality
greater than 250 million British thermal
standards (NAAQS). EPA is approving
units per hour (MMBtu/hr), referred to
these revisions in accordance with the
as ‘‘large non-EGUs,’’ to participate in a
requirements of the Clean Air Act
regional NOX cap and trade program.
(CAA).
Maryland complied with the NOX SIP
DATES: This final rule is effective on
call by participation of its large EGUs
November 13, 2018.
and large non-EGUs in the NOX Budget
Trading Program. EPA discontinued
ADDRESSES: EPA has established a
docket for this action under Docket ID
administration of the NOX Budget
Number EPA–R03–OAR–2018–0507. All Trading Program in 2009 upon the start
documents in the docket are listed on
of the Clean Air Interstate Rule (CAIR)
the https://www.regulations.gov website. trading programs (70 FR 25162, May 12,
Although listed in the index, some
2005). The NOX SIP Call requirements
information is not publicly available,
continued to apply, however, and EGUs
e.g., confidential business information
in most states (including Maryland) that
(CBI) or other information whose
formerly participated in the NOX Budget
disclosure is restricted by statute.
Trading Program continued to meet
Certain other material, such as
their NOX SIP Call requirements under
copyrighted material, is not placed on
the generally more stringent
the internet and will be publicly
requirements of the CAIR NOX Ozone
available only in hard copy form.
Season trading program, either pursuant
Publicly available docket materials are
to CAIR Federal implementation plans
available through https://
(FIP) (71 FR 25328, April 28, 2006) or
www.regulations.gov, or please contact
pursuant to approved CAIR SIP
the person identified in the FOR FURTHER
1 In October 27, 1998 (63 FR 57356), EPA
INFORMATION CONTACT section for
finalized the ‘‘Finding of Significant Contribution
additional availability information.
and Rulemaking for Certain States in the Ozone
FOR FURTHER INFORMATION CONTACT:
Transport Assessment Group Region for Purposes of
Marilyn Powers, (215) 814–2308, or by
Reducing Regional Transport of Ozone’’—
commonly called the NOX SIP Call.
email at powers.marilyn@epa.gov.
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revisions.2 For the large non-EGUs,
states needed to take regulatory action
to ensure that their obligations under
the NOX SIP Call continued to be met,
either through an option to submit a
CAIR SIP revision that allowed the large
non-EGUs to participate in the CAIR
NOX Ozone Season trading program or
through adoption of other replacement
regulations.
In Maryland, Luke Paper Mill
(formerly the Westvaco pulp and paper
mill) was the only facility with large
non-EGUs that 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.3 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.
Subsequent to adoption of COMAR
26.11.14.07, Maryland 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 have heat
input ratings 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.
Maryland adopted new regulation
COMAR 26.11.40 to reallocate the
statewide NOX emissions cap among the
affected sources, and concurrently
revised COMAR 26.11.14.07 to reflect a
reduced cap for Luke.
II. Summary of SIP Revision and EPA
Analysis
New COMAR 26.11.40 establishes
NOX ozone season tonnage caps and
2 EPA approved a CAIR SIP revision replacing the
CAIR FIP for Maryland on October 30, 2009 (74 FR
56118).
3 EPA stopped administering the CAIR trading
programs upon implementation of the Cross-State
Air Pollution Rule (CSAPR) trading programs.
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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NOX monitoring requirements for large
non-EGUs in the State that are not
covered under the CSAPR NOX Ozone
Season Group 2 Trading Program to
meet requirements of the NOX SIP Call.
NOX emissions caps are specified for
non-EGUs located at four facilities
(American Sugar Refining, Dominion
Energy Cove Point LNG, Luke Paper
Mill, and National Institutes of Health).
A portion of the statewide cap is set
aside for new units or modified existing
units that may become subject to the
NOX SIP Call in the future. Title 40 CFR
part 75, subpart H, monitoring of NOX
emissions at affected units is required in
accordance with 40 CFR 51.121(i)(4).
COMAR 26.11.14 was revised to
reflect the changed NOX caps for Luke
Paper Mill in COMAR 26.11.40.
COMAR 26.11.14 was also revised to
remove the provision for paper mills to
acquire NOX allowances if the facility’s
ozone season NOX cap is exceeded.
With the removal of the requirement to
purchase NOX allowances, a
corresponding definition in COMAR
26.11.01 for NOX allowances was also
removed.
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 new
regulation COMAR 24.11.40, including
(1) the applicability provisions in
COMAR 24.11.40.02, which update 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 statewide
ozone season NOX emissions cap of
1,013 tons in COMAR 24.11.40.03,
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) the 40 CFR part 75 monitoring,
recordkeeping and reporting
requirements in COMAR 24.11.40.04,
which apply for the affected non-EGUs.
In addition, the 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. Other specific requirements
of Maryland’s May 15, 2018 SIP
submittal and the rationale for EPA’s
proposed action are explained in the
NPRM and will not be restated here.
The SIP submittal does not result in
increased NOX emissions in the State,
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and therefore EPA finds it 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 for SIP
revisions.
III. Public Comments and EPA’s
Responses
EPA received three anonymous
comments on the NPRM, all of which
are in the docket for this rulemaking at
www.federalregister.gov. Two of the
comments did not concern any of the
specific issues raised in the NPRM, nor
did they address EPA’s rationale for the
proposed approval of MDE’s submittal.
Therefore, EPA is not responding to
those comments. One comment was
addressed as follows:
Comment: A comment was made
about a term used in EPA’s
completeness determination for the
Maryland SIP submittal. EPA’s
completeness determination is available
in the docket for this rulemaking. The
commenter states: ‘‘The docket contains
a document entitled [sic] ‘‘MD 305
Completeness Checklist 2018–08–27–
033843.’’ In that document, EPA
Requirement number 8 (Compliance/
enforcement strategies, including how
compliance will be determined in
practice) says ‘‘DITTO’’ under the ‘‘State
Submittal’’ column. What does
‘‘DITTO’’ mean here? I don’t believe this
is an environmental, regulatory, or
technical term. I can’t understand how
you determined this submittal to be
complete if you use such terms.’’
Response: EPA used the word
‘‘DITTO’’ in EPA Requirement 8 on page
5 of the ‘‘SIP Submittal Completeness
Checklist’’ (completeness checklist) as
shorthand to indicate that EPA found
the State SIP submittal is meeting the
EPA requirements for item 8 with the
same COMAR regulations as that listed
and shown by EPA in the completeness
checklist in response to item 7 in the
‘‘State Submittal’’ column directly
above item 8. In effect, EPA’s use of the
word ‘‘DITTO’’ in the completeness
checklist for item 8 means that the EPA
found the requirements for
‘‘Compliance/Enforcement strategies,
including how compliance will be
determined in practice.’’ is met by the
requirements in COMAR 26.11.40 and
COMAR 26.11.14.07 for monitoring,
recordkeeping, and reporting in
accordance with 40 CFR part 75 as
explained in EPA’s response to item 7
which contains those regulatory
citations. According to the MerriamWebster dictionary, ‘‘ditto’’ means ‘‘a
thing mentioned previously or above
—used to avoid repeating a word
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—often symbolized by inverted commas
or apostrophe.’’ Thus, EPA employed
this commonly used word ‘‘ditto’’ in the
completeness checklist in response to
item 8 instead of repeating our answer
from item 7 as our answers were
intended to be identical to both. As this
comment does not concern any of the
specific issues raised in the NPRM nor
EPA’s rationale for approval of MDE’s
SIP submittal, EPA provides no further
response.
IV. Final Action
EPA is approving Maryland’s May 15,
2018 SIP revision submittal as a revision
to the Maryland SIP in accordance with
section 110 of the CAA as the SIP meets
requirements in the CAA and in 40 CFR
51.121 related to the NOX SIP Call
requirements.
V. Incorporation by Reference
In this document, 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 new Maryland regulation
COMAR 26.11.40 and revisions to
COMAR 26.11.01 and 26.11.17 to meet
the requirements for non-EGUs under
the NOX SIP Call. EPA has made, and
will continue to make, these materials
generally available through
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).
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 in the next
update to the SIP compilation.4
VI. 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
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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);
• 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 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.
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving new Maryland regulation
COMAR 26.11.40 and revisions to
COMAR 26.11.01 and COMAR 26.11.14
to address the requirements of the NOX
SIP Call 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).
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides.
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 December 10, 2018. 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
List of Subjects in 40 CFR Part 52
Dated: September 24, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
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:
■ a. Revising the entries ‘‘26.11.01.01’’
and ‘‘26.11.14.07’’; and
■ b. Adding a heading and the entries
‘‘26.11.40.01’’ through ‘‘26.11.40.04’’ in
numerical order.
The revisions and additions 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
State
effective
date
Title/subject
26.11.01
26.11.01.01 .............
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Definitions .......................
*
*
26.11.14.07 .............
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10/11/18, [Insert Federal
Register citation].
*
*
Control of NOX Emissions from Fuel Burning Equipment.
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General Administrative Provisions
04/23/18
26.11.14
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Section .01B is revised to remove definition 24–1
for ‘‘NOX ozone season allowance’’ Previous approval 7/17/2017.
*
*
*
Control of Emissions From Kraft Pulp Mills
*
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Additional explanation/citation
at 40 CFR 52.1100
EPA approval date
04/23/18
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*
*
*
*
10/11/18, [Insert Federal Sections .07A and .07B are revised, Section .07C
Register citation].
is removed, Section .07D is revised and recodified as Section .07C.
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EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland
Administrative
Regulations
(COMAR) citation
State
effective
date
Title/subject
*
*
*
26.11.40
04/23/18
26.11.40.02 .............
Applicability .....................
04/23/18
26.11.40.03 .............
NOX Ozone Season
Emission Caps.
Monitoring and Reporting
Requirements.
04/23/18
*
*
*
*
*
*
*
04/23/18
*
*
monetary penalties (CMPs) and to
maintain the deterrent effect of such
penalties, requires agencies to adjust the
civil monetary penalties for inflation
annually.
The Department of Health and Human
Services (HHS) lists the civil monetary
penalty authorities and the penalty
amounts administered by all of its
agencies in tabular form in 45 CFR
102.3.
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 102
RIN 0991–AC0
Annual Civil Monetary Penalties
Inflation Adjustment
II. Calculation of Adjustment
Office of the Assistant
Secretary for Financial Resources,
Department of Health and Human
Services.
ACTION: Final rule.
AGENCY:
The Department of Health and
Human Services is updating its
regulations to reflect required annual
inflation-related increases to the civil
monetary penalties in its regulations,
pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015.
DATES: This rule is effective October 11,
2018.
FOR FURTHER INFORMATION CONTACT:
Shaunta Johnson, Office of Grants and
Acquisition Policy and Accountability,
Office of the Assistant Secretary for
Financial Resources, Room 514–G,
Hubert Humphrey Building, 200
Independence Avenue SW, Washington,
DC 20201; 202–690–6396; FAX 202–
690–5405.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The annual inflation adjustment for
each applicable civil monetary penalty
is determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil penalty was most
recently established or modified. In the
December 15, 2017, Office of
Management and Budget (OMB)
Memorandum for the Heads of
Executive Agencies and Departments,
M–18–03, Implementation of the
Penalty Inflation Adjustments for 2018,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, OMB published the
multiplier for the required annual
adjustment. The cost-of-living
adjustment multiplier for 2018, based
on the CPI–U for the month of October
2017, not seasonally adjusted, is
1.02041.
Using the 2018 multiplier, HHS
adjusted all its applicable monetary
penalties in 45 CFR 102.3.
I. Background
III. Statutory and Executive Order
Reviews
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
‘‘2015 Act’’), which is intended to
improve the effectiveness of civil
The 2015 Act requires federal
agencies to publish annual penalty
inflation adjustments notwithstanding
section 553 of the Administrative
Procedure Act (APA).
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10/11/18, [Insert Federal
Register citation].
10/11/18, [Insert Federal
Register citation].
10/11/18, [Insert Federal
Register citation].
10/11/18, [Insert Federal
Register citation].
*
[FR Doc. 2018–21653 Filed 10–10–18; 8:45 am]
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*
NOX Ozone Season Emission Caps for Non-trading Large NOX Units
Definitions .......................
*
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*
26.11.40.01 .............
26.11.40.04 .............
Additional explanation/citation
at 40 CFR 52.1100
EPA approval date
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*
*
Section 4(a) of the 2015 Act directs
federal agencies to publish annual
adjustments no later than January 15th
of each year thereafter. In accordance
with section 553 of the APA, most rules
are subject to notice and comment and
are effective no earlier than 30 days after
publication in the Federal Register.
However, section 4(b)(2) of the 2015 Act
provides that each agency shall make
the annual inflation adjustments
‘‘notwithstanding section 553’’ of the
APA.
According to OMB’s Memorandum
M–18–03, the phrase ‘‘notwithstanding
section 553’’ means that ‘‘the public
procedure the APA generally requires—
notice, an opportunity for comment, and
a delay in effective date—is not required
for agencies to issue regulations
implementing the annual adjustment.’’
Consistent with the language of the 2015
Act and OMB’s implementation
guidance, this rule is not subject to
notice and an opportunity for public
comment and will be effective
immediately upon publication.
Pursuant to OMB Memorandum M–
18–03, HHS has determined that the
annual inflation adjustment to the civil
monetary penalties in its regulations
does not trigger any requirements under
procedural statutes and Executive
Orders that govern rulemaking
procedures.
IV. Effective Date
This rule is effective October 11 2018.
The adjusted civil monetary penalty
amounts apply to penalties assessed on
or after October 11, 2018, if the violation
occurred on or after November 2, 2015.
If the violation occurred prior to
November 2, 2015, or a penalty was
assessed prior to September 6, 2016, the
pre-adjustment civil penalty amounts in
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[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51366-51369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21653]
[[Page 51366]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0507; FRL-9984-97-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Nitrogen Oxides (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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
The 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 revision 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). EPA is approving these
revisions in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on November 13, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0507. All documents in the docket are listed on
the https://www.regulations.gov website. 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2018 (83 FR 39014), EPA published a notice of proposed
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed
approval of 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. The formal SIP revision was
submitted by Maryland on May 15, 2018. The SIP revision was submitted
to address Maryland's requirements under the NOX SIP Call.
(63 FR 57356, October 27, 1998.)
The NOX SIP Call, issued pursuant to Section 110 of the
CAA and codified at 40 CFR 51.121 and 51.122, was designed to mitigate
significant transport of NOX, one of the precursors of
ozone.\1\ EPA developed the NOX Budget Trading Program, an
EPA-administered 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. Maryland complied with the NOX SIP call
by participation of its large EGUs and large non-EGUs in the
NOX Budget Trading Program. EPA discontinued administration
of the NOX Budget Trading Program in 2009 upon the start of
the Clean Air Interstate Rule (CAIR) trading programs (70 FR 25162, May
12, 2005). The NOX SIP Call requirements continued to apply,
however, and EGUs in most states (including Maryland) that formerly
participated in the NOX Budget Trading Program continued to
meet their NOX SIP Call requirements under the generally
more stringent requirements of the CAIR NOX Ozone Season
trading program, either pursuant to CAIR Federal implementation plans
(FIP) (71 FR 25328, April 28, 2006) or pursuant to approved CAIR SIP
revisions.\2\ For the large non-EGUs, states needed to take regulatory
action to ensure that their obligations under the NOX SIP
Call continued to be met, either through an option to submit a CAIR SIP
revision that allowed the large non-EGUs to participate in the CAIR
NOX Ozone Season trading program or through adoption of
other replacement regulations.
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\1\ In October 27, 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.
\2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for
Maryland on October 30, 2009 (74 FR 56118).
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In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper
mill) was the only facility with large non-EGUs that 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.\3\ 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.
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\3\ EPA stopped administering the CAIR trading programs upon
implementation of the Cross-State Air Pollution Rule (CSAPR) trading
programs. 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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Subsequent to adoption of COMAR 26.11.14.07, Maryland 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 have heat input
ratings 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. Maryland adopted new regulation
COMAR 26.11.40 to reallocate the statewide NOX emissions cap
among the affected sources, and concurrently revised COMAR 26.11.14.07
to reflect a reduced cap for Luke.
II. Summary of SIP Revision and EPA Analysis
New COMAR 26.11.40 establishes NOX ozone season tonnage
caps and
[[Page 51367]]
NOX monitoring requirements for large non-EGUs in the State
that are not covered under the CSAPR NOX Ozone Season Group
2 Trading Program to meet requirements of the NOX SIP Call.
NOX emissions caps are specified for non-EGUs located at
four facilities (American Sugar Refining, Dominion Energy Cove Point
LNG, Luke Paper Mill, and National Institutes of Health). A portion of
the statewide cap is set aside for new units or modified existing units
that may become subject to the NOX SIP Call in the future.
Title 40 CFR part 75, subpart H, monitoring of NOX emissions
at affected units is required in accordance with 40 CFR 51.121(i)(4).
COMAR 26.11.14 was revised to reflect the changed NOX
caps for Luke Paper Mill in COMAR 26.11.40. COMAR 26.11.14 was also
revised to remove the provision for paper mills to acquire
NOX allowances if the facility's ozone season NOX
cap is exceeded. With the removal of the requirement to purchase
NOX allowances, a corresponding definition in COMAR 26.11.01
for NOX allowances was also removed.
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 new regulation
COMAR 24.11.40, including (1) the applicability provisions in COMAR
24.11.40.02, which update 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 statewide ozone season
NOX emissions cap of 1,013 tons in COMAR 24.11.40.03, 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) the 40 CFR part 75 monitoring,
recordkeeping and reporting requirements in COMAR 24.11.40.04, which
apply for the affected non-EGUs. In addition, the 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. Other
specific requirements of Maryland's May 15, 2018 SIP submittal and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. The SIP submittal does not result in increased
NOX emissions in the State, and therefore EPA finds it 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 for SIP revisions.
III. Public Comments and EPA's Responses
EPA received three anonymous comments on the NPRM, all of which are
in the docket for this rulemaking at www.federalregister.gov. Two of
the comments did not concern any of the specific issues raised in the
NPRM, nor did they address EPA's rationale for the proposed approval of
MDE's submittal. Therefore, EPA is not responding to those comments.
One comment was addressed as follows:
Comment: A comment was made about a term used in EPA's completeness
determination for the Maryland SIP submittal. EPA's completeness
determination is available in the docket for this rulemaking. The
commenter states: ``The docket contains a document entitled [sic] ``MD
305 Completeness Checklist 2018-08-27-033843.'' In that document, EPA
Requirement number 8 (Compliance/enforcement strategies, including how
compliance will be determined in practice) says ``DITTO'' under the
``State Submittal'' column. What does ``DITTO'' mean here? I don't
believe this is an environmental, regulatory, or technical term. I
can't understand how you determined this submittal to be complete if
you use such terms.''
Response: EPA used the word ``DITTO'' in EPA Requirement 8 on page
5 of the ``SIP Submittal Completeness Checklist'' (completeness
checklist) as shorthand to indicate that EPA found the State SIP
submittal is meeting the EPA requirements for item 8 with the same
COMAR regulations as that listed and shown by EPA in the completeness
checklist in response to item 7 in the ``State Submittal'' column
directly above item 8. In effect, EPA's use of the word ``DITTO'' in
the completeness checklist for item 8 means that the EPA found the
requirements for ``Compliance/Enforcement strategies, including how
compliance will be determined in practice.'' is met by the requirements
in COMAR 26.11.40 and COMAR 26.11.14.07 for monitoring, recordkeeping,
and reporting in accordance with 40 CFR part 75 as explained in EPA's
response to item 7 which contains those regulatory citations. According
to the Merriam-Webster dictionary, ``ditto'' means ``a thing mentioned
previously or above --used to avoid repeating a word --often symbolized
by inverted commas or apostrophe.'' Thus, EPA employed this commonly
used word ``ditto'' in the completeness checklist in response to item 8
instead of repeating our answer from item 7 as our answers were
intended to be identical to both. As this comment does not concern any
of the specific issues raised in the NPRM nor EPA's rationale for
approval of MDE's SIP submittal, EPA provides no further response.
IV. Final Action
EPA is approving Maryland's May 15, 2018 SIP revision submittal as
a revision to the Maryland SIP in accordance with section 110 of the
CAA as the SIP meets requirements in the CAA and in 40 CFR 51.121
related to the NOX SIP Call requirements.
V. Incorporation by Reference
In this document, 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 new Maryland
regulation COMAR 26.11.40 and revisions to COMAR 26.11.01 and 26.11.17
to meet the requirements for non-EGUs under the NOX SIP
Call. EPA has made, and will continue to make, these materials
generally available through 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).
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 in the next update to the SIP
compilation.\4\
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\4\ 62 FR 27968 (May 22, 1997).
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VI. 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
[[Page 51368]]
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);
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 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 December 10, 2018. 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 new Maryland regulation COMAR 26.11.40
and revisions to COMAR 26.11.01 and COMAR 26.11.14 to address the
requirements of the NOX SIP Call 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, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides.
Dated: September 24, 2018.
Cosmo Servidio,
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:
0
a. Revising the entries ``26.11.01.01'' and ``26.11.14.07''; and
0
b. Adding a heading and the entries ``26.11.40.01'' through
``26.11.40.04'' in numerical order.
The revisions and additions read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland State Additional explanation/
Administrative Regulations Title/subject effective EPA approval date citation at 40 CFR
(COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01.................. Definitions......... 04/23/18 10/11/18, [Insert Section .01B is revised
Federal Register to remove definition 24-
citation]. 1 for ``NOX ozone
season allowance''
Previous approval 7/17/
2017.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.14.07.................. Control of NOX 04/23/18 10/11/18, [Insert Sections .07A and .07B
Emissions from Fuel Federal Register are revised, Section
Burning Equipment. citation]. .07C is removed,
Section .07D is revised
and recodified as
Section .07C.
[[Page 51369]]
* * * * * * *
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26.11.40 NO Ozone Season Emission Caps for Non-trading Large NO Units
----------------------------------------------------------------------------------------------------------------
26.11.40.01.................. Definitions......... 04/23/18 10/11/18, [Insert ........................
Federal Register
citation].
26.11.40.02.................. Applicability....... 04/23/18 10/11/18, [Insert ........................
Federal Register
citation].
26.11.40.03.................. NOX Ozone Season 04/23/18 10/11/18, [Insert ........................
Emission Caps. Federal Register
citation].
26.11.40.04.................. Monitoring and 04/23/18 10/11/18, [Insert ........................
Reporting Federal Register
Requirements. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-21653 Filed 10-10-18; 8:45 am]
BILLING CODE 6560-50-P
