Air Plan Approval; Maryland; Clean Data Determination and Approval of Select Attainment Plan Elements for the Anne Arundel County and Baltimore County, MD Sulfur Dioxide Nonattainment Area, 66086-66091 [2022-23709]
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66086
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
assembly of the horizontal stabilizer actuator
to the actuator barrel had unscrewed from the
barrel. The investigation also found that the
circular wire lock ring, which was designed
to prevent the clamp nut from unscrewing,
was not present. This condition, if not
detected and corrected, could result in a
reduction or loss of pitch control during
flight with consequent loss of control of the
airplane.
continuing.airworthiness@vikingair.com;
website: vikingair.com.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(l) Material Incorporated by Reference
None.
(g) Inspection
Within 10 hours time-in-service (TIS) after
the effective date of this AD, perform a visual
inspection of the stabilizer actuator to
confirm that the stabilizer actuator lock ring
is present, correctly seated in the groove in
the upper housing, and engaged in the clamp
nut. If the stabilizer actuator lock ring is
missing or not correctly installed, before
further flight, repair using a method
approved by the Manager, New York ACO
Branch, FAA, at the address in paragraph (k)
of this AD.
Note to paragraph (g): Viking Service
Letter DHC3–SL–27–001, dated October 25,
2022, contains information related to this
AD.
(h) Torque Seal
Before further flight after the inspection
required by paragraph (g) of this AD, apply
a torque seal to the clamp nut and lock ring.
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(i) Reporting Requirement
Within 10 days after the inspection
required by paragraph (g) of this AD or
within 10 days after the effective date of this
AD, whichever occurs later, report the results
of the inspection to the FAA at 9-avs-nyacocos@faa.gov. Include the airplane serial
number, airplane hours TIS, hours TIS since
last actuator overhaul (if known), and
whether the lock ring was present, missing,
or incorrectly installed.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, New York ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, mail it to ATTN: Program
Manager, Continuing Operational Safety, at
the address identified in paragraph (k) of this
AD or email to: 9-avs-nyaco-cos@faa.gov. If
mailing information, also submit information
by email.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) For service information identified in
this AD that is not incorporated by reference,
contact Viking Air Ltd., 1959 de Havilland
Way, Sidney British Columbia, Canada V8L
5V5; phone: (800) 663–8444; email:
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(k) Related Information
For more information about this AD,
contact Elizabeth Dowling, Aviation Safety
Engineer, New York ACO Branch, FAA, 1600
Stewart Avenue, Westbury, NY 11590;
phone: (516) 228–7300; email: 9-avs-nyacocos@faa.gov.
Issued on October 28, 2022.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2022–23899 Filed 10–31–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2022–0859]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
165.506, entry No. 10 for a barge based
fireworks display from 9:15 p.m.
through 10 p.m. on November 12, 2022.
This action is necessary to ensure safety
of life on the navigable waters of the
United States immediately prior to,
during, and immediately after a
fireworks display. Our regulation for
safety zones of fireworks displays
within the Fifth Coast Guard District,
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry 10 specifies the location
of the regulated area as all waters of the
Delaware River, adjacent to Penn’s
Landing, Philadelphia, PA, within a
500-yard radius of the fireworks barge
position. The approximate position for
the display is latitude 39°57′39″ N,
longitude 075°07′45″ W. During the
enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via broadcast
notice to mariners.
Dated: October 26, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2022–23719 Filed 11–1–22; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard will enforce
the Delaware River, Philadelphia, PA;
Safety Zone from 9:15 p.m. through 10
p.m. on November 12, 2022, to provide
for the safety of life on navigable
waterways during a barge-based
fireworks display. Our regulation for
marine events within the Fifth Coast
Guard District identifies the regulated
area for this event in Philadelphia, PA.
During the enforcement period, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulation 33 CFR 165.506
will be enforced for the location
identified in entry 10 of table 1 to
paragraph (h)(1) from 9:15 p.m. through
10 p.m. on November 12, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, you may
call or email Petty Officer Dylan
Caikowski, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management
Division, telephone 215–271–4814,
email SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
table 1 to paragraph (h)(1) to 33 CFR
SUMMARY:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0325; FRL–10364–
02–R3]
Air Plan Approval; Maryland; Clean
Data Determination and Approval of
Select Attainment Plan Elements for
the Anne Arundel County and
Baltimore County, MD Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making a determination
that the the Anne Arundel County and
Baltimore County, Maryland sulfur
dioxide (SO2) nonattainment area has
attained the 2010 primary SO2 national
ambient air quality standard (2010 SO2
NAAQS). Under EPA’s Clean Data
Policy, certain Clean Air Act (CAA)
planning requirements are suspended
for a nonattainment area when EPA
issues a determination that air quality
SUMMARY:
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data demonstrate that the NAAQS is
being attained. EPA deems these
suspended CAA requirements as no
longer applicable for as long as air
quality continues to meet the NAAQS.
EPA is also simultaneously approving
elements of Maryland’s January 31, 2020
state implementation plan (SIP) revision
submittal containing an attainment plan
for the Anne Arundel County and
Baltimore County SO2 nonattainment
area (referred to hereafter as the Anne
Arundel-Baltimore County Area, or
simply the Area). The attainment plan
elements EPA is approving are not
suspended by a determination of
attainment under EPA’s Clean Data
Policy, because EPA considers them
independent of planning requirements
that are designed to help the area attain
the NAAQS. Finally, EPA is approving
as SIP strengthening measures certain
emission limit requirements on large
SO2 emission sources that were
submitted as part of Maryland’s
attainment plan. This clean data
determination (CDD) and partial
approval of Maryland’s attainment plan
SIP revision does not constitute
redesignation of the Area to attainment
or full approval of the submitted
attainment plan. This action is being
taken under the CAA.
via electronic mail at rehn.brian@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On August 19, 2022 (87 FR 51006),
EPA proposed to determine that the
Anne Arundel-Baltimore County
nonattainment area is attaining the 2010
SO2 NAAQS, based on complete, quality
assured, and certified ambient air
quality monitoring data and an EPAprepared air dispersion modeling
analysis of SO2 emission sources in the
Area. This determination of attainment,
also referred to as a CDD, suspends
certain planning requirements for the
nonattainment area for as long as the
area continues to attain the 2010 SO2
NAAQS. EPA proposed to require the
Maryland Department of Environment
(MDE) to submit annual statements to
EPA (due by July 1 of each year after the
final CDD), to address whether the Area
continues to attain the 2010 SO2
NAAQS. EPA expects that these
statements would include at least
available air quality monitoring data, an
assessment of changes in SO2 emissions
from existing or new sources, and
DATES: This final rule is effective on
discussion of whether these changes
December 2, 2022.
warrant updated modeling.
As described in the August 19, 2022
ADDRESSES: EPA has established a
(87 FR 51006) notice of proposed
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0325. All rulemaking (NPRM), EPA’s Clean Data
Policy allows for the suspension of CAA
documents in the docket are listed on
requirements that are specifically
the www.regulations.gov website.
designed to help an area achieve
Although listed in the index, some
attainment for as long as the
information is not publicly available,
nonattainment area continues to attain
e.g., confidential business information
the NAAQS.1 A final CDD suspends the
(CBI) or other information whose
obligation to submit: attainment
disclosure is restricted by statute.
demonstrations, reasonably available
Certain other material, such as
control measures and reasonably
copyrighted material or voluminous
available control technology (RACM/
modeling files, are either available for
RACT) emission control measures,
download on the internet (as described
reasonable further progress (RFP)
in a docket file index) or are not placed
demonstrations, emissions limitations
on the internet and will be publicly
and control measures as necessary to
available only in hard copy form.
provide for attainment, and contingency
Publicly available docket materials are
measures. All remaining CAA 172(c)
available through www.regulations.gov,
nonattainment plan provisions not
or please contact the person identified
suspended by a final CDD must still be
in the FOR FURTHER INFORMATION
submitted, including requirements not
CONTACT section for additional
related to attainment planning such as
availability information.
a base year emissions inventory and
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning and
1 See section VII.C. of EPA’s ‘‘Guidance for 1Implementation Branch (3AD30), Air &
Hour SO2 Nonattainment Area SIP Submissions,’’
Radiation Division, U.S. Environmental dated April 2014. See also, Memorandum from John
S. Seitz, Director, Office of Air Quality Planning
Protection Agency, Region III, Four
and Standards, titled, ‘‘Reasonable Further Progress,
Penn Center, 1600 John F. Kennedy
Attainment Demonstration, and Related
Boulevard, Philadelphia, Pennsylvania
Requirements for Ozone Nonattainment areas
19103. The telephone number is (215)
Meeting the Ozone National Ambient Air Quality
814–2176. Mr. Rehn can also be reached Standard,’’ dated May 10, 1995.
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nonattainment new source review
(NNSR) requirements of the plan.
While issuance by EPA of a final CDD
suspends certain attainment planning
requirements so long as the Area
continues to attain the 2010 SO2
NAAQS, a final CDD does not constitute
a redesignation of an area to attainment
of the 2010 SO2 NAAQS under section
107(d)(3) of the CAA. After issuance of
a final CDD, the area remains designated
nonattainment for the 2010 SO2 NAAQS
until the state formally requests
redesignation of the area to attainment,
EPA takes formal action to determine
that the area meets CAA requirements
for redesignation, and EPA approves an
accompanying state-submitted
maintenance plan that ensures the area
will continue to meet the NAAQS for
the successive 10-year period.
II. Summary of SIP Revision and EPA
Analysis
EPA’s August 19, 2022 (87 FR 51006)
NPRM proposed to approve into the
Maryland SIP the base year emissions
inventory and NNSR elements of an
attainment plan submitted by the State
of Maryland as a SIP revision request on
January 30, 2022. Additionally, EPA
proposed to approve into the Maryland
SIP (as a SIP strengthening measure)
two consent orders governing emissions
limits on major SO2 sources in the Area
that were submitted by Maryland as part
of the January 30, 2020 SIP revision.
These include a consent order between
MDE and Raven Power Fort Smallwood
LLC (governing the Wagner and
Brandon Shores electric generating
stations, both located at the Fort
Smallwood Complex) and a consent
order between MDE and C.P. Crane LLC
(governing the Crane electric generating
station).2 These consent orders establish
enforceable SO2 emission limits and
operational limitations at both the Fort
Smallwood Complex and the Crane
facilities.
A detailed analysis of EPA’s proposed
decision was provided in the August 19,
2022 (87 FR 51006) NPRM, and its
associated technical support documents
(TSDs), and will not be restated here.
The public comment period for this
NPRM ended on September 29, 2022.
III. Response to Comments
EPA received one citizen comment on
the proposed action during the public
comment period. That commenter was
2 See Appendix B of Maryland’s January 30, 2020
attainment plan SIP revision request to EPA.
Specifically, Appendix B-1—Consent Order—
Brandon Shores and Wagner Generating Stations,
dated December 4, 2019; and Appendix B-2—
Consent Order—C.P. Crane Generating Station,
dated October 9, 2019.
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
generally supportive of EPA’s proposed
CDD and approval of selected Maryland
attainment plan elements—specifically
the base year emissions inventory for
the Area and consent decrees between
MDE and two major SO2 emission
source owners in the Area. The
commenter also suggested additional
recommendations to EPA regarding
treatment of the Area with respect to
nonattainment designation and future
planning efforts for the Area. EPA
acknowledges these supportive
comments. EPA is addressing the
commenter’s specific comment below.
Comment: Although the commenter
agrees with EPA’s proposed issuance of
a CDD and that the suspension of
certain attainment plan elements (e.g.,
an attainment demonstration) is
reasonable and meritorious, the
commenter asks that ‘‘nonattainment be
upheld’’ and that if Maryland fails in
the future to submit a SIP mandated by
a nonattainment deadline, then EPA
should act expeditiously to enact a
Federal Implementation Plan (FIP) to
avoid lag of action.
Response: A CDD is not equivalent to
a redesignation to attainment under
CAA section 107(d)(3). The CAA’s
requirements pertaining to
nonattainment areas continue to apply
to this Area (although some
nonattainment planning requirements
are suspended by the CDD). In order to
be redesignated from nonattainment to
attainment, the state will need to meet
the statutory criteria for a redesignation,
including the submission of a SIP to
demonstrate that the Area will maintain
the NAAQS for ten years following
redesignation. Once this CDD is
finalized and while it is in place,
Maryland does not have an obligation to
submit a future nonattainment planning
SIP, and that suspension remains until
the Area is redesignated to attainment
(after which time such requirements are
permanently discharged), or until EPA
determines that the Area has re-violated
the SO2 NAAQS and rescinds the CDD.
In the event the Area re-violates the
NAAQS, and EPA rescinds the CDD, the
state’s obligation to submit all required
attainment plan elements for the
nonattainment Area will be reinstated.
EPA received no other comments, on
either the determination of attainment
or on EPA’s proposed approval of
selected elements of Maryland’s January
30, 2020 attainment plan for the Area.
After consideration of public comments
received, EPA is finalizing the August
19, 2022 (87 FR 51006) proposed
finding that the Anne ArundelBaltimore County Area is attaining the
2010 SO2 NAAQS. EPA is therefore
finalizing the CDD for the Area.
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IV. Final Action
EPA is approving the CDD for the
Anne Arundel-Baltimore County,
Maryland nonattainment area, the
complete description of which can be
found at 40 CFR 81.321.3
EPA’s final determination suspends
the requirements for an attainment
demonstration and certain other
associated nonattainment planning
requirements for the Anne ArundelBaltimore nonattainment area so long as
the Area continues to attain the 2010
SO2 NAAQS. As indicated in the
proposal on this action, a final CDD
action suspends certain planning
requirements for a CAA part D
nonattainment area SIP, including: an
attainment demonstration, RACM/
RACT, enforceable emission limitations
and control measures, RFP plan, and
contingency measures. This final action
does not constitute a redesignation of
the Anne Arundel-Baltimore County
Area to attainment of the 2010 SO2
NAAQS under section 107(d)(3) of the
CAA. The Area will remain designated
nonattainment for the 2010 SO2 NAAQS
until such time as EPA determines that
the Area meets the CAA requirements
for redesignation to attainment and
takes further action to redesignate the
Area.
Following approval of a CDD for the
Area, the State remains obligated to
submit the non-attainment planning
requirements, including a base year
emissions inventory and a showing that
the area is covered by an EPA-approved
NNSR program. EPA is finalizing
approval (as proposed in our August 19,
2022 proposal) of the base year emission
inventory and NNSR program elements
of the attainment plan SIP revision for
the Anne Arundel-Baltimore Area
submitted by Maryland to EPA on
January 31, 2020. EPA has determined
that Maryland’s 2014 base year emission
inventory for the Area comports with
relevant EPA guidance. EPA is also
finalizing our approval of Maryland’s
NNSR program under CAA section
172(c)(5), having determined that the
program meets applicable requirements
for NNSR under CAA section 173 for
SO2 sources undergoing construction or
major modification in the Area. EPA’s
final action to issue the CDD and to
3 The nonattainment area consists of ‘‘portions of
Anne Arundel County that are within 26.8
kilometers (16.7miles) of Herbert A. Wagner’s Unit
3 stack, which is located at 76.52752 W. longitude,
39.17765 N. latitude (-76.52752, 39.17765), and
portions of Baltimore County that are within 26.8
kilometers (16.7 miles) of Herbert A. Wagner’s Unit
3 stack,’’ at the same latitude and longitude.
Excluded from the nonattainment area is Baltimore
City—portions of which are located within a 26.8
kilometers (16.7 miles) radius of the Wagner Unit
3 stack.
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approve the emissions inventory and
NNSR elements of Maryland’s SIP
discharges EPA’s duty under the
consent decree entered in Center for
Biological Diversity, et al., v. Regan,
Case No. 4–21–cv–06166–JST (N.D.
Cal.), to no later than October 31, 2022,
take action on the emissions inventory
and NNSR elements of Maryland’s SIP
submission, and also automatically
terminates EPA’s obligation under that
consent decree to take final action on
the attainment demonstration, RACM/
RACT, RFP and contingency measure
elements of Maryland’s submission.
Finally, EPA is approving as SIP
strengthening measures two consent
orders between MDE and the owners of
two major SO2 emissions sources in the
Area. These consent orders were
submitted as part of the January 30,
2020 Maryland attainment plan for the
Area and impose SO2 emission
limitation requirements and operational
constraints on those sources.4 EPA is
incorporating these two consent orders
by reference into the Maryland SIP, as
proposed in the August 19, 2022 (87 FR
51006) proposed action, which will
provide Federal enforceability of the
emissions limits and operational
constraints provided by those consent
orders.
EPA is not approving in this action
any other portion of the January 30,
2020 Maryland attainment plan SIP
revision, other than the specific plan
elements described above. Elements not
being approved as part of this action
include the section CAA 172(c)(1)
attainment demonstration or RACM/
RACT demonstration that were
submitted as part of the January 30,
2020 attainment plan revision, the CAA
172(c)(2) RFP plan, the CAA section
172(c)(6) emission limits necessary to
provide for attainment, or the CAA
section 172(c)(9) contingency measures
elements. As noted above, these
attainment plan elements are suspended
(as is EPA’s obligation to promulgate a
FIP to address those planning elements)
for as long as EPA’s CDD for the Area
remains in place.
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 two consent orders
between MDE and Raven Power LLC,
4 See Appendix B of the January 30, 2020
attainment plan SIP Revision. Specifically,
Appendix B1—Consent Order—Brandon Shores
and Wagner Generating Stations, dated December 4,
2019; and Appendix B–2: Consent Order—C.P.
Crane Generating Station, dated October 9, 2019.
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and MDE and C.P. Crane LLC, governing
SO2 emissions limitations and operating
limitations at the Fort Smallwood
Complex electric generating stations
(i.e., Wagner and Brandon Shores) and
the Crane electric generating station—as
submitted to EPA as Appendix B of
Maryland’s January 30, 2020, SO2
attainment plan SIP revision. The
emissions limitations and operating
restrictions on the affected SO2 sources
are described below and in Section IV
of this preamble. 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).
The two consent orders being
incorporated by reference into the SIP
establish SO2 emission limits for these
facilities (beginning in January 2019 and
additional limits beginning in 2021), as
summarized herein. Effective October
2019, Crane Units 1 and 2 are limited
to combined SO2 emissions of 2,900
pounds per hour (lbs/hr SO2). Beginning
January 2021, Brandon Shores Units 1
and 2 and Wagner Unit 3 combined
(whether operating individually or in
tandem) are limited to 3,860 lb/hr SO2,
on a 30-day rolling average basis.
Beginning January 2021, Brandon
Shores Units 1 and 2 (operating either
individually or in tandem) shall not
exceed a cumulative total of 435 hours
per calendar year when the applicable
units are operating at a combined S02
emissions rate greater than 2,851
pounds per hour. Beginning January
2021, Brandon Shores Units 1 and 2
cannot exceed 9,980 lbs/hr SO2, on a 3hour rolling average basis. Beginning
January 2021, Brandon Shores Units 1
and 2 combined are limited to three
hours per calendar year with combined
emissions greater than 5,150 lbs/hr SO2
(on a 1-hour average basis) when
Wagner Unit 3 is not operating; and are
limited to 435 hours per calendar year
of combined emissions greater than
2,851 lbs/hr SO2 when Wagner Unit 3 is
also operating. Wagner Unit 3 alone
cannot emit more than 3,289 lbs/hr SO2
(on a 1-hour averaging basis); is limited
to emitting 1,904 lbs/hr SO2 (on a 30day rolling average); and is limited to
336 hours per calendar year of
emissions greater than 2,299 lbs/hr SO2
(on a 1-hour averaging basis).
Beginning January 2021, Wagner Unit
1 alone shall not emit more than 480
lbs/hour SO2 (on a 1-hour averaging
basis); and is limited to operating 438
hours per calendar year burning fuel oil.
Beginning January 2021, at all times
when operating, Wagner Unit 3 shall not
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exceed 1,904 lbs/hr SO2 (as measured
on a 30-day rolling average); and Unit 3
shall not exceed a maximum rate of
3,289 lbs/hr SO2 at all times when
operating (on a 1-hour average basis).
Beginning January 2021, at all times
when operating, Wagner Unit 3 shall not
exceed a cumulative total operation of
336 hours per calendar year when the
Unit’s S02 emissions rate is greater than
2,299 lbs/hr SO2 (on a one-hour average
basis). Beginning January 2021, Wagner
Unit 4 alone cannot emit more than
1,350 lbs/hr SO2 (on a 1-hour average
basis); and is limited to operating 438
hours per calendar year using fuel oil—
though both Units 1 and 4 can operate
additional hours each year using natural
gas. By July 2020, Wagner Unit 2 was
required to cease operation or to convert
from burning coal to burning natural
gas.
EPA has reviewed Maryland’s consent
decrees with major SO2 emission
sources in the Area formalizing specific
SO2 emission limits and emissions
control requirements for those large SO2
sources (as described above) under a
consent order between MDE and Raven
Power Fort Smallwood LLC and a
consent order between MDE and C.P.
Crane LLC that require enforceable SO2
limits and operational limitations at the
Fort Smallwood Complex and at the
Crane facility.5 By incorporating these
consent decrees between MDE and
Raven Power into the Maryland SIP,
EPA’s incorporation by reference of
these two consent orders strengthens the
SIP and makes these additional
permitted limits and operating
conditions federally enforceable. This
action is being taken under sections 110
and 113 of the CAA. As of the effective
date of the final rulemaking of EPA’s
approval, these consent orders are
incorporated by reference, to be
reflected in the next update to the SIP
compilation.6
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
5 See Appendix B of Maryland’s January 30, 2020
attainment plan SIP revision request to EPA.
Specifically, Appendix B1—Consent Order—
Brandon Shores and Wagner Generating Stations,
dated December 4, 2019; and Appendix B-2:
Consent Order—C.P. Crane Generating Station,
dated October 9, 2019.
6 62 FR 27968 (May 22, 1997).
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66089
the CAA. Accordingly, EPA’s action to
approve the emissions inventory and
NNSR submissions merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. EPA’s issuance of
the CDD makes a determination of
attainment and does not impose
additional requirements beyond those
imposed by state law. For these reasons,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where 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).
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Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
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 January 3, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
Name of source
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 final CDD action and
accompanying final approval of select
elements of Maryland’s January 30, 2020
SO2 attainment plan may not be
challenged later in proceedings to
enforce this action’s requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. Amend § 52.1070:
a. In the table in paragraph (d) by
adding entries ‘‘Raven Power Fort
Smallwood LLC—Brandon Shores
Electric Generating Station Units 1 and
2; and H.A. Wagner Electric Generating
Station Units 1, 2, 3, and 4’’ and ‘‘C.P.
Crane LLC—C.P. Crane Electric
Generating Station Units 1 and 2’’ at the
end of the table; and
■ b. In the table in paragraph (e) by
adding entries ‘‘2014 SO2 Base Year
Emissions Inventory for the Anne
Arundel-Baltimore County Area for the
2010 SO2 Sulfur Dioxide NAAQS’’ and
‘‘2010 1-Hour SO2 Sulfur Dioxide
NAAQS Nonattainment New Source
Review Requirements’’ at the end of the
table.
The additions read as follows:
■
■
§ 52.1070
*
Identification of plan.
*
*
(d) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
State effective
date
Permit No./type
*
*
Raven Power Fort Smallwood
LLC—Brandon Shores Electric
Generating Station Units 1 and
2; and H.A. Wagner Electric
Generating Station Units 1, 2, 3,
and 4.
*
*
Consent Order for Brandon
Shores and Wagner Generating
Stations for Sulfur Dioxide
Emissions Limits and Operational Constraints.
C.P. Crane LLC—C.P. Crane
Electric
Generating
Station
Units 1 and 2.
Consent Order for Crane Generating Station for Sulfur Dioxide
Emissions Limits and Cessation
of Coal-fired Combustion.
12/4/2019
10/9/2019
EPA approval
date
Additional explanation
*
11/2/2022, [Insert Federal
Register Citation].
*
*
Consent Order approved via
Docket EPA–R03–OAR–2020–
0325, as an element of Maryland’s January 30, 2020 attainment plan for the Anne ArundelBaltimore Nonattainment Area
under the 2010 1-hour SO2
NAAQS.
Consent Order approved via
Docket EPA–R03–OAR–2020–
0325, as an element of Maryland’s January 30, 2020 attainment plan for the Anne ArundelBaltimore Nonattainment Area
under the 2010 1-hour SO2
NAAQS.
11/2/2022, [Insert Federal
Register Citation].
(e) * * *
khammond on DSKJM1Z7X2PROD with RULES
Name of non-regulatory
SIP revision
Applicable geographic area
*
*
2014 SO2 Base Year Emissions
Inventory for the Anne ArundelBaltimore County Area for the
2010 SO2 Sulfur Dioxide
NAAQS.
VerDate Sep<11>2014
15:49 Nov 01, 2022
*
*
Anne Arundel- Baltimore County
SO2 Nonattainment Area, as
defined at 40 CFR 81.321.
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01/30/2020
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EPA approval
date
*
11/2/2022, [Insert Federal
Register Citation].
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Additional explanation
*
*
66091
Federal Register / Vol. 87, No. 211 / Wednesday, November 2, 2022 / Rules and Regulations
Name of non-regulatory
SIP revision
Applicable geographic area
2010 1-Hour SO2 Sulfur Dioxide
NAAQS Nonattainment New
Source Review Requirements.
Anne Arundel- Baltimore County
SO2 Nonattainment Area.
4. Amend § 52.1082 by adding
paragraph (l) to read as follows:
■
§ 52.1082
Determinations of attainment.
*
*
*
*
*
(l) EPA has determined, as of
November 2, 2022, that based on 2019
to 2021 ambient air quality monitoring
data and air dispersion modeling, the
Anne Arundel-Baltimore County
nonattainment area has attained the
2010 1-hour sulfur dioxide NAAQS.
This clean data determination suspends
the requirement for this area to submit
an attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other sulfur
dioxide NAAQS attainment plan SIP
elements for as long as this area
continues to meet the 2010 1-hour
sulfur dioxide NAAQS.
[FR Doc. 2022–23709 Filed 11–1–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0788; EPA–R05–
OAR–2020–0353; FRL–9879–02–R5]
Air Plan Approval; Indiana;
Infrastructure SIP Requirements for
the 2015 Ozone NAAQS and
References to the Code of Federal
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
01/30/2020
EPA approval
date
Additional explanation
11/2/2022, [Insert Federal
Register Citation].
EPA approved Maryland’s Nonattainment New Source Review
(NNSR) program under
COMAR 26.11.17 into the Maryland SIP most recently on August 2, 2012 and July 13, 2015.
of each state’s air quality management
program are adequate to meet the state’s
responsibilities under the CAA. EPA is
also approving revisions to the Indiana
SIP that would incorporate by reference
a more recent edition of the Code of
Federal Regulations (CFR). EPA
proposed this action on June 29, 2022,
and received no comments.
This final rule is effective on
December 2, 2022.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0788 or EPA–
R05–OAR–2020–0353. All documents in
the docket are listed on the
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., 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 either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Andrew
Lee, Physical Scientist, at (312)–353–
7645 before visiting the Region 5 office.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from Indiana regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2015 ozone National Ambient Air
Quality Standards (NAAQS). The
infrastructure requirements are designed
to ensure that the structural components
SUMMARY:
State submittal
date
Andrew Lee, Physical Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)–353–
7645, lee.andrew.c@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On June 29, 2022 (87 FR 38693), EPA
proposed to approve most elements of a
November 2, 2018, submission from the
Indiana Department of Environmental
Management (IDEM) intended to
address most applicable infrastructure
requirements for the 2015 ozone
NAAQS. Additionally, EPA proposed to
approve a June 24, 2020, submission
from IDEM that seeks to revise the
Indiana SIP by incorporating by
reference updated rules at 326 IAC 1–1–
3 (References to the Code of Federal
Regulations) with an effective date of
April 4, 2020. The revision to 326 IAC
1–1–3 identifies that, unless otherwise
indicated, any reference within 326 IAC
to a provision of the CFR shall mean the
July 1, 2018, edition. An explanation of
the CAA requirements, a detailed
analysis of the revisions, and EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking and will not be restated
here. The public comment period for
this proposed rule ended on July 29,
2022. EPA received no comments on the
proposal. Therefore, we are finalizing
our action as proposed.
II. Final Action
EPA is approving most elements of a
submission from IDEM certifying that its
current SIP is sufficient to meet the
required infrastructure elements under
sections 110(a)(1) and (2) for the 2015
ozone NAAQS. EPA is not acting on the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and visibility
impairment requirements of section
110(a)(2)(D)(i)(II). EPA has proposed
action in a separate rulemaking on the
portion of the submission pertaining to
the interstate transport requirements of
section 110(a)(2)(D)(i)(I) with respect to
the 2015 ozone NAAQS. See 87 FR
9838. EPA’s actions for the state’s
satisfaction of infrastructure SIP
requirements, by element of section
110(a)(2), are contained in the table
below.
Element
2015 Ozone
(A)—Emission limits and other control measures .................................................................................................................................
(B)—Ambient air quality monitoring/data system ..................................................................................................................................
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A
]]>Agencies
[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66086-66091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23709]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0325; FRL-10364-02-R3]
Air Plan Approval; Maryland; Clean Data Determination and
Approval of Select Attainment Plan Elements for the Anne Arundel County
and Baltimore County, MD Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making a
determination that the the Anne Arundel County and Baltimore County,
Maryland sulfur dioxide (SO2) nonattainment area has
attained the 2010 primary SO2 national ambient air quality
standard (2010 SO2 NAAQS). Under EPA's Clean Data Policy,
certain Clean Air Act (CAA) planning requirements are suspended for a
nonattainment area when EPA issues a determination that air quality
[[Page 66087]]
data demonstrate that the NAAQS is being attained. EPA deems these
suspended CAA requirements as no longer applicable for as long as air
quality continues to meet the NAAQS. EPA is also simultaneously
approving elements of Maryland's January 31, 2020 state implementation
plan (SIP) revision submittal containing an attainment plan for the
Anne Arundel County and Baltimore County SO2 nonattainment
area (referred to hereafter as the Anne Arundel-Baltimore County Area,
or simply the Area). The attainment plan elements EPA is approving are
not suspended by a determination of attainment under EPA's Clean Data
Policy, because EPA considers them independent of planning requirements
that are designed to help the area attain the NAAQS. Finally, EPA is
approving as SIP strengthening measures certain emission limit
requirements on large SO2 emission sources that were
submitted as part of Maryland's attainment plan. This clean data
determination (CDD) and partial approval of Maryland's attainment plan
SIP revision does not constitute redesignation of the Area to
attainment or full approval of the submitted attainment plan. This
action is being taken under the CAA.
DATES: This final rule is effective on December 2, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0325. All documents in the docket are listed on
the 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 or
voluminous modeling files, are either available for download on the
internet (as described in a docket file index) or are not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning and
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2176. Mr. Rehn can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On August 19, 2022 (87 FR 51006), EPA proposed to determine that
the Anne Arundel-Baltimore County nonattainment area is attaining the
2010 SO2 NAAQS, based on complete, quality assured, and
certified ambient air quality monitoring data and an EPA-prepared air
dispersion modeling analysis of SO2 emission sources in the
Area. This determination of attainment, also referred to as a CDD,
suspends certain planning requirements for the nonattainment area for
as long as the area continues to attain the 2010 SO2 NAAQS.
EPA proposed to require the Maryland Department of Environment (MDE) to
submit annual statements to EPA (due by July 1 of each year after the
final CDD), to address whether the Area continues to attain the 2010
SO2 NAAQS. EPA expects that these statements would include
at least available air quality monitoring data, an assessment of
changes in SO2 emissions from existing or new sources, and
discussion of whether these changes warrant updated modeling.
As described in the August 19, 2022 (87 FR 51006) notice of
proposed rulemaking (NPRM), EPA's Clean Data Policy allows for the
suspension of CAA requirements that are specifically designed to help
an area achieve attainment for as long as the nonattainment area
continues to attain the NAAQS.\1\ A final CDD suspends the obligation
to submit: attainment demonstrations, reasonably available control
measures and reasonably available control technology (RACM/RACT)
emission control measures, reasonable further progress (RFP)
demonstrations, emissions limitations and control measures as necessary
to provide for attainment, and contingency measures. All remaining CAA
172(c) nonattainment plan provisions not suspended by a final CDD must
still be submitted, including requirements not related to attainment
planning such as a base year emissions inventory and nonattainment new
source review (NNSR) requirements of the plan.
---------------------------------------------------------------------------
\1\ See section VII.C. of EPA's ``Guidance for 1-Hour
SO2 Nonattainment Area SIP Submissions,'' dated April
2014. See also, Memorandum from John S. Seitz, Director, Office of
Air Quality Planning and Standards, titled, ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for
Ozone Nonattainment areas Meeting the Ozone National Ambient Air
Quality Standard,'' dated May 10, 1995.
---------------------------------------------------------------------------
While issuance by EPA of a final CDD suspends certain attainment
planning requirements so long as the Area continues to attain the 2010
SO2 NAAQS, a final CDD does not constitute a redesignation
of an area to attainment of the 2010 SO2 NAAQS under section
107(d)(3) of the CAA. After issuance of a final CDD, the area remains
designated nonattainment for the 2010 SO2 NAAQS until the
state formally requests redesignation of the area to attainment, EPA
takes formal action to determine that the area meets CAA requirements
for redesignation, and EPA approves an accompanying state-submitted
maintenance plan that ensures the area will continue to meet the NAAQS
for the successive 10-year period.
II. Summary of SIP Revision and EPA Analysis
EPA's August 19, 2022 (87 FR 51006) NPRM proposed to approve into
the Maryland SIP the base year emissions inventory and NNSR elements of
an attainment plan submitted by the State of Maryland as a SIP revision
request on January 30, 2022. Additionally, EPA proposed to approve into
the Maryland SIP (as a SIP strengthening measure) two consent orders
governing emissions limits on major SO2 sources in the Area
that were submitted by Maryland as part of the January 30, 2020 SIP
revision. These include a consent order between MDE and Raven Power
Fort Smallwood LLC (governing the Wagner and Brandon Shores electric
generating stations, both located at the Fort Smallwood Complex) and a
consent order between MDE and C.P. Crane LLC (governing the Crane
electric generating station).\2\ These consent orders establish
enforceable SO2 emission limits and operational limitations
at both the Fort Smallwood Complex and the Crane facilities.
---------------------------------------------------------------------------
\2\ See Appendix B of Maryland's January 30, 2020 attainment
plan SIP revision request to EPA. Specifically, Appendix B-1--
Consent Order--Brandon Shores and Wagner Generating Stations, dated
December 4, 2019; and Appendix B-2--Consent Order--C.P. Crane
Generating Station, dated October 9, 2019.
---------------------------------------------------------------------------
A detailed analysis of EPA's proposed decision was provided in the
August 19, 2022 (87 FR 51006) NPRM, and its associated technical
support documents (TSDs), and will not be restated here. The public
comment period for this NPRM ended on September 29, 2022.
III. Response to Comments
EPA received one citizen comment on the proposed action during the
public comment period. That commenter was
[[Page 66088]]
generally supportive of EPA's proposed CDD and approval of selected
Maryland attainment plan elements--specifically the base year emissions
inventory for the Area and consent decrees between MDE and two major
SO2 emission source owners in the Area. The commenter also
suggested additional recommendations to EPA regarding treatment of the
Area with respect to nonattainment designation and future planning
efforts for the Area. EPA acknowledges these supportive comments. EPA
is addressing the commenter's specific comment below.
Comment: Although the commenter agrees with EPA's proposed issuance
of a CDD and that the suspension of certain attainment plan elements
(e.g., an attainment demonstration) is reasonable and meritorious, the
commenter asks that ``nonattainment be upheld'' and that if Maryland
fails in the future to submit a SIP mandated by a nonattainment
deadline, then EPA should act expeditiously to enact a Federal
Implementation Plan (FIP) to avoid lag of action.
Response: A CDD is not equivalent to a redesignation to attainment
under CAA section 107(d)(3). The CAA's requirements pertaining to
nonattainment areas continue to apply to this Area (although some
nonattainment planning requirements are suspended by the CDD). In order
to be redesignated from nonattainment to attainment, the state will
need to meet the statutory criteria for a redesignation, including the
submission of a SIP to demonstrate that the Area will maintain the
NAAQS for ten years following redesignation. Once this CDD is finalized
and while it is in place, Maryland does not have an obligation to
submit a future nonattainment planning SIP, and that suspension remains
until the Area is redesignated to attainment (after which time such
requirements are permanently discharged), or until EPA determines that
the Area has re-violated the SO2 NAAQS and rescinds the CDD.
In the event the Area re-violates the NAAQS, and EPA rescinds the CDD,
the state's obligation to submit all required attainment plan elements
for the nonattainment Area will be reinstated.
EPA received no other comments, on either the determination of
attainment or on EPA's proposed approval of selected elements of
Maryland's January 30, 2020 attainment plan for the Area. After
consideration of public comments received, EPA is finalizing the August
19, 2022 (87 FR 51006) proposed finding that the Anne Arundel-Baltimore
County Area is attaining the 2010 SO2 NAAQS. EPA is
therefore finalizing the CDD for the Area.
IV. Final Action
EPA is approving the CDD for the Anne Arundel-Baltimore County,
Maryland nonattainment area, the complete description of which can be
found at 40 CFR 81.321.\3\
---------------------------------------------------------------------------
\3\ The nonattainment area consists of ``portions of Anne
Arundel County that are within 26.8 kilometers (16.7miles) of
Herbert A. Wagner's Unit 3 stack, which is located at 76.52752 W.
longitude, 39.17765 N. latitude (-76.52752, 39.17765), and portions
of Baltimore County that are within 26.8 kilometers (16.7 miles) of
Herbert A. Wagner's Unit 3 stack,'' at the same latitude and
longitude. Excluded from the nonattainment area is Baltimore City--
portions of which are located within a 26.8 kilometers (16.7 miles)
radius of the Wagner Unit 3 stack.
---------------------------------------------------------------------------
EPA's final determination suspends the requirements for an
attainment demonstration and certain other associated nonattainment
planning requirements for the Anne Arundel-Baltimore nonattainment area
so long as the Area continues to attain the 2010 SO2 NAAQS.
As indicated in the proposal on this action, a final CDD action
suspends certain planning requirements for a CAA part D nonattainment
area SIP, including: an attainment demonstration, RACM/RACT,
enforceable emission limitations and control measures, RFP plan, and
contingency measures. This final action does not constitute a
redesignation of the Anne Arundel-Baltimore County Area to attainment
of the 2010 SO2 NAAQS under section 107(d)(3) of the CAA.
The Area will remain designated nonattainment for the 2010
SO2 NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment and takes
further action to redesignate the Area.
Following approval of a CDD for the Area, the State remains
obligated to submit the non-attainment planning requirements, including
a base year emissions inventory and a showing that the area is covered
by an EPA-approved NNSR program. EPA is finalizing approval (as
proposed in our August 19, 2022 proposal) of the base year emission
inventory and NNSR program elements of the attainment plan SIP revision
for the Anne Arundel-Baltimore Area submitted by Maryland to EPA on
January 31, 2020. EPA has determined that Maryland's 2014 base year
emission inventory for the Area comports with relevant EPA guidance.
EPA is also finalizing our approval of Maryland's NNSR program under
CAA section 172(c)(5), having determined that the program meets
applicable requirements for NNSR under CAA section 173 for
SO2 sources undergoing construction or major modification in
the Area. EPA's final action to issue the CDD and to approve the
emissions inventory and NNSR elements of Maryland's SIP discharges
EPA's duty under the consent decree entered in Center for Biological
Diversity, et al., v. Regan, Case No. 4-21-cv-06166-JST (N.D. Cal.), to
no later than October 31, 2022, take action on the emissions inventory
and NNSR elements of Maryland's SIP submission, and also automatically
terminates EPA's obligation under that consent decree to take final
action on the attainment demonstration, RACM/RACT, RFP and contingency
measure elements of Maryland's submission.
Finally, EPA is approving as SIP strengthening measures two consent
orders between MDE and the owners of two major SO2 emissions
sources in the Area. These consent orders were submitted as part of the
January 30, 2020 Maryland attainment plan for the Area and impose
SO2 emission limitation requirements and operational
constraints on those sources.\4\ EPA is incorporating these two consent
orders by reference into the Maryland SIP, as proposed in the August
19, 2022 (87 FR 51006) proposed action, which will provide Federal
enforceability of the emissions limits and operational constraints
provided by those consent orders.
---------------------------------------------------------------------------
\4\ See Appendix B of the January 30, 2020 attainment plan SIP
Revision. Specifically, Appendix B1--Consent Order--Brandon Shores
and Wagner Generating Stations, dated December 4, 2019; and Appendix
B-2: Consent Order--C.P. Crane Generating Station, dated October 9,
2019.
---------------------------------------------------------------------------
EPA is not approving in this action any other portion of the
January 30, 2020 Maryland attainment plan SIP revision, other than the
specific plan elements described above. Elements not being approved as
part of this action include the section CAA 172(c)(1) attainment
demonstration or RACM/RACT demonstration that were submitted as part of
the January 30, 2020 attainment plan revision, the CAA 172(c)(2) RFP
plan, the CAA section 172(c)(6) emission limits necessary to provide
for attainment, or the CAA section 172(c)(9) contingency measures
elements. As noted above, these attainment plan elements are suspended
(as is EPA's obligation to promulgate a FIP to address those planning
elements) for as long as EPA's CDD for the Area remains in place.
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 two consent
orders between MDE and Raven Power LLC,
[[Page 66089]]
and MDE and C.P. Crane LLC, governing SO2 emissions
limitations and operating limitations at the Fort Smallwood Complex
electric generating stations (i.e., Wagner and Brandon Shores) and the
Crane electric generating station--as submitted to EPA as Appendix B of
Maryland's January 30, 2020, SO2 attainment plan SIP
revision. The emissions limitations and operating restrictions on the
affected SO2 sources are described below and in Section IV
of this preamble. 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).
The two consent orders being incorporated by reference into the SIP
establish SO2 emission limits for these facilities
(beginning in January 2019 and additional limits beginning in 2021), as
summarized herein. Effective October 2019, Crane Units 1 and 2 are
limited to combined SO2 emissions of 2,900 pounds per hour
(lbs/hr SO2). Beginning January 2021, Brandon Shores Units 1
and 2 and Wagner Unit 3 combined (whether operating individually or in
tandem) are limited to 3,860 lb/hr SO2, on a 30-day rolling
average basis. Beginning January 2021, Brandon Shores Units 1 and 2
(operating either individually or in tandem) shall not exceed a
cumulative total of 435 hours per calendar year when the applicable
units are operating at a combined S02 emissions rate greater
than 2,851 pounds per hour. Beginning January 2021, Brandon Shores
Units 1 and 2 cannot exceed 9,980 lbs/hr SO2, on a 3-hour
rolling average basis. Beginning January 2021, Brandon Shores Units 1
and 2 combined are limited to three hours per calendar year with
combined emissions greater than 5,150 lbs/hr SO2 (on a 1-
hour average basis) when Wagner Unit 3 is not operating; and are
limited to 435 hours per calendar year of combined emissions greater
than 2,851 lbs/hr SO2 when Wagner Unit 3 is also operating.
Wagner Unit 3 alone cannot emit more than 3,289 lbs/hr SO2
(on a 1-hour averaging basis); is limited to emitting 1,904 lbs/hr
SO2 (on a 30-day rolling average); and is limited to 336
hours per calendar year of emissions greater than 2,299 lbs/hr
SO2 (on a 1-hour averaging basis).
Beginning January 2021, Wagner Unit 1 alone shall not emit more
than 480 lbs/hour SO2 (on a 1-hour averaging basis); and is
limited to operating 438 hours per calendar year burning fuel oil.
Beginning January 2021, at all times when operating, Wagner Unit 3
shall not exceed 1,904 lbs/hr SO2 (as measured on a 30-day
rolling average); and Unit 3 shall not exceed a maximum rate of 3,289
lbs/hr SO2 at all times when operating (on a 1-hour average
basis). Beginning January 2021, at all times when operating, Wagner
Unit 3 shall not exceed a cumulative total operation of 336 hours per
calendar year when the Unit's S02 emissions rate is greater
than 2,299 lbs/hr SO2 (on a one-hour average basis).
Beginning January 2021, Wagner Unit 4 alone cannot emit more than 1,350
lbs/hr SO2 (on a 1-hour average basis); and is limited to
operating 438 hours per calendar year using fuel oil--though both Units
1 and 4 can operate additional hours each year using natural gas. By
July 2020, Wagner Unit 2 was required to cease operation or to convert
from burning coal to burning natural gas.
EPA has reviewed Maryland's consent decrees with major
SO2 emission sources in the Area formalizing specific
SO2 emission limits and emissions control requirements for
those large SO2 sources (as described above) under a consent
order between MDE and Raven Power Fort Smallwood LLC and a consent
order between MDE and C.P. Crane LLC that require enforceable
SO2 limits and operational limitations at the Fort Smallwood
Complex and at the Crane facility.\5\ By incorporating these consent
decrees between MDE and Raven Power into the Maryland SIP, EPA's
incorporation by reference of these two consent orders strengthens the
SIP and makes these additional permitted limits and operating
conditions federally enforceable. This action is being taken under
sections 110 and 113 of the CAA. As of the effective date of the final
rulemaking of EPA's approval, these consent orders are incorporated by
reference, to be reflected in the next update to the SIP
compilation.\6\
---------------------------------------------------------------------------
\5\ See Appendix B of Maryland's January 30, 2020 attainment
plan SIP revision request to EPA. Specifically, Appendix B1--Consent
Order--Brandon Shores and Wagner Generating Stations, dated December
4, 2019; and Appendix B-2: Consent Order--C.P. Crane Generating
Station, dated October 9, 2019.
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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, EPA's
action to approve the emissions inventory and NNSR submissions merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. EPA's
issuance of the CDD makes a determination of attainment and does not
impose additional requirements beyond those imposed by state law. For
these reasons, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where 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).
[[Page 66090]]
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 January 3, 2023. 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 final CDD action and accompanying final approval of select
elements of Maryland's January 30, 2020 SO2 attainment plan
may not be challenged later in proceedings to enforce this action's
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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. Amend Sec. 52.1070:
0
a. In the table in paragraph (d) by adding entries ``Raven Power Fort
Smallwood LLC--Brandon Shores Electric Generating Station Units 1 and
2; and H.A. Wagner Electric Generating Station Units 1, 2, 3, and 4''
and ``C.P. Crane LLC--C.P. Crane Electric Generating Station Units 1
and 2'' at the end of the table; and
0
b. In the table in paragraph (e) by adding entries ``2014
SO2 Base Year Emissions Inventory for the Anne Arundel-
Baltimore County Area for the 2010 SO2 Sulfur Dioxide
NAAQS'' and ``2010 1-Hour SO2 Sulfur Dioxide NAAQS
Nonattainment New Source Review Requirements'' at the end of the table.
The additions read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(d) * * *
----------------------------------------------------------------------------------------------------------------
State Additional
Name of source Permit No./type effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Raven Power Fort Smallwood LLC-- Consent Order for 12/4/2019 11/2/2022, [Insert Consent Order
Brandon Shores Electric Brandon Shores and Federal Register approved via
Generating Station Units 1 and Wagner Generating Citation]. Docket EPA-R03-OAR-
2; and H.A. Wagner Electric Stations for 2020-0325, as an
Generating Station Units 1, 2, Sulfur Dioxide element of
3, and 4. Emissions Limits Maryland's January
and Operational 30, 2020
Constraints. attainment plan
for the Anne
Arundel-Baltimore
Nonattainment Area
under the 2010 1-
hour SO2 NAAQS.
C.P. Crane LLC--C.P. Crane Consent Order for 10/9/2019 11/2/2022, [Insert Consent Order
Electric Generating Station Crane Generating Federal Register approved via
Units 1 and 2. Station for Sulfur Citation]. Docket EPA-R03-OAR-
Dioxide Emissions 2020-0325, as an
Limits and element of
Cessation of Coal- Maryland's January
fired Combustion. 30, 2020
attainment plan
for the Anne
Arundel-Baltimore
Nonattainment Area
under the 2010 1-
hour SO2 NAAQS.
----------------------------------------------------------------------------------------------------------------
(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2014 SO2 Base Year Emissions Anne Arundel- 01/30/2020 11/2/2022, [Insert ...................
Inventory for the Anne Arundel- Baltimore County Federal Register
Baltimore County Area for the SO2 Nonattainment Citation].
2010 SO2 Sulfur Dioxide NAAQS. Area, as defined
at 40 CFR 81.321.
[[Page 66091]]
2010 1-Hour SO2 Sulfur Dioxide Anne Arundel- 01/30/2020 11/2/2022, [Insert EPA approved
NAAQS Nonattainment New Source Baltimore County Federal Register Maryland's
Review Requirements. SO2 Nonattainment Citation]. Nonattainment New
Area. Source Review
(NNSR) program
under
COMAR 26.11.17 into
the Maryland SIP
most recently on
August 2, 2012 and
July 13, 2015.
----------------------------------------------------------------------------------------------------------------
0
4. Amend Sec. 52.1082 by adding paragraph (l) to read as follows:
Sec. 52.1082 Determinations of attainment.
* * * * *
(l) EPA has determined, as of November 2, 2022, that based on 2019
to 2021 ambient air quality monitoring data and air dispersion
modeling, the Anne Arundel-Baltimore County nonattainment area has
attained the 2010 1-hour sulfur dioxide NAAQS. This clean data
determination suspends the requirement for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other sulfur dioxide NAAQS attainment plan SIP elements for as long as
this area continues to meet the 2010 1-hour sulfur dioxide NAAQS.
[FR Doc. 2022-23709 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P
