Air Plan Approval; Maryland; Determination of Attainment by the Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard, 72770-72775 [2024-19436]
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Federal Register / Vol. 89, No. 173 / Friday, September 6, 2024 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0152; FRL–11858–
01–R3]
Air Plan Approval; Maryland;
Determination of Attainment by the
Attainment Date for the 2010 1-Hour
Primary Sulfur Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Anne Arundel County and
Baltimore County, Maryland sulfur
dioxide (SO2) nonattainment area
attained the 2010 1-hour primary SO2
national ambient air quality standard
(2010 SO2 NAAQS) by the applicable
attainment date of September 12, 2021.
This determination is based on certified
ambient air quality data from the 2018–
2020 monitoring period, relevant
modeling analysis, and additional
emissions inventory information. This
action, if finalized, will address the
EPA’s obligation under Clean Air Act
(CAA) section 179(c) to determine
whether the Anne Arundel and
Baltimore County SO2 nonattainment
area (referred to hereafter as the Anne
Arundel-Baltimore County Area, or
simply the Area) attained the 2010 SO2
NAAQS by the September 12, 2021
attainment date.
DATES: Written comments must be
received on or before October 7, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2024–0152 at
www.regulations.gov, or via email to
talley.david@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
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other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Philip McGuire, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2251. Mr. McGuire
can also be reached via electronic mail
at mcguire.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
to the EPA.
I. Background
A. The 2010 1-Hour Primary SO2
NAAQS
Under section 109 of the CAA, the
EPA has established primary and
secondary NAAQS for certain pervasive
air pollutants (referred to as ‘‘criteria
pollutants’’) and conducts periodic
reviews of the NAAQS to determine
whether they should be revised or
whether new NAAQS should be
established. The primary NAAQS
represent ambient air quality standards
that the EPA has determined are
requisite to protect the public health,
while the secondary NAAQS represent
ambient air quality standards that the
EPA has determined are requisite to
protect the public welfare from any
known or anticipated adverse effects
associated with the presence of such an
air pollutant in the ambient air.
Under the CAA, the EPA must
establish a NAAQS for SO2, which is
primarily released to the atmosphere
through the burning of fossil fuels by
power plants and other industrial
facilities. The EPA first established
primary SO2 standards in 1971 at 140
parts per billion (ppb) over a 24-hour
averaging period and at 30 ppb over an
annual averaging period.1
On June 22, 2010, the EPA published
in the Federal Register a strengthened,
primary 1-hour SO2 NAAQS,
establishing a new standard at a level of
75 ppb, based on the 3-year average of
the annual 99th percentile of daily
maximum 1-hour average
concentrations of SO2.2 This revised
1 36
2 75
PO 00000
FR 8186, April 30, 1971.
FR 35520, June 22, 2010.
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SO2 NAAQS provides increased
protection of public health, and
provided for revocation of the 1971
primary annual and 24-hour SO2
standards for most areas of the country
following area designations under the
new NAAQS.
B. Designations, Classifications, and
Attainment Dates for the 2010 SO2
NAAQS
Following promulgation of a new or
revised NAAQS, the EPA is required to
designate all areas of the country as
either ‘‘attainment,’’ ‘‘nonattainment,’’
or ‘‘unclassifiable,’’ pursuant to CAA
section 107(d)(1). On August 5, 2013,
the EPA finalized its first round of
designations for the 2010 1-hour
primary SO2 NAAQS.3 In this 2013
action, the EPA designated 29 areas in
16 states as nonattainment for the 2010
1-hour primary SO2 NAAQS. On July
12, 2016, the EPA finalized its second
round of initial designations under the
2010 1-hour primary SO2 NAAQS,
designating an additional four areas as
nonattainment, effective September 12,
2016.4 Included in this second round of
designations was the Anne ArundelBaltimore County Area. This
designation was based on the weight of
evidence for the Area, including
available air quality modeling and
ambient air monitoring data from 2013–
2015. Pursuant to section 192(a) of the
CAA, the attainment date for the Anne
Arundel-Baltimore County Area was no
later than five years after the effective
date of initial designation, or September
12, 2021.
CAA section 191(a) directs states
containing an area designated
nonattainment for the 2010 1-hour
primary SO2 NAAQS to develop and
submit a nonattainment area (NAA)
state implementation plan (SIP) to the
EPA within 18 months of the effective
date of an area’s designation as
nonattainment. For SO2, the NAA SIP
(also referred to as an attainment plan)
must meet the requirements of subparts
l and 5 of part D, of title 1 of the CAA,
and provide for attainment of the
NAAQS by the applicable statutory
attainment date, or no later than five
years from the effective date of
designation. The Maryland Department
of Environment (MDE) submitted an
attainment plan SIP for the Anne
Arundel-Baltimore County Area on
January 31, 2020.
When a nonattainment area is
attaining the 2010 1-hour primary SO2
NAAQS based on the most recent
available data, the EPA may issue a
3 78
4 81
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FR 47191, August 5, 2013.
FR 45039, July 12, 2016.
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Clean Data Determination (CDD),
suspending certain NAA planning
requirements. The EPA issued a CDD for
the Anne Arundel-Baltimore County
Area based on modeling and monitoring
data for the period 2019–2021 via a final
rule published on November 2, 2022,
and at the same time, approved certain
elements of the submitted attainment
plan that are not waived by the EPA’s
CDD policy.5 Notably, a CDD does not
alter the Area’s nonattainment
designation. For the EPA to redesignate
an area to attainment, the state must
submit, and the EPA must approve a
redesignation request for the Area that
meets the requirements of CAA section
107(d)(3). To date, Maryland has not
requested redesignation of the Area to
attainment.
C. EPA Determination of Attainment by
the Attainment Date
Section 179(c)(1) of the CAA requires
the EPA to determine whether a
nonattainment area attained an
applicable standard by the applicable
attainment date based on the area’s air
quality as of the attainment date. The
EPA is required to issue this
determination within six months of the
attainment date. Thus, the EPA had a
mandatory duty to determine by March
12, 2022, under CAA section 179(c) if
the Area reached attainment. With this
action, the EPA proposes to determine,
in accordance with CAA section 179(c),
that the Anne Arundel-Baltimore
County Area attained the 2010 1-hour
primary SO2 NAAQS by the September
12, 2021, attainment date.
A determination of whether an area’s
air quality meets applicable standards is
generally based upon the most recent
three years of complete, quality-assured
data gathered at established state and
local air monitoring stations (SLAMS) in
a nonattainment area and entered into
the EPA’s Air Quality System (AQS)
database.6 Data from ambient air
monitors operated by state and local
agencies in compliance with the EPA
5 87
FR 66086, November 2, 2022.
EPA regulations in 40 CFR 50.17 and in
accordance with 40 CFR part 50, appendix T, the
2010 1-hour annual SO2 standard is met at an
ambient air quality monitoring site when the design
value is less than or equal to 75 ppb. Design values
are calculated by computing the three-year average
of the annual 99th percentile daily maximum 1hour average concentrations. An SO2 1-hour
primary standard design value is valid if it
encompasses three consecutive calendar years of
complete data. A year is considered complete when
all four quarters are complete, and a quarter is
complete when at least 75 percent of the sampling
days are complete. A sampling day is considered
complete if 75 percent of the hourly concentration
values are reported; this includes data affected by
exceptional events that have been approved for
exclusion by the Administrator.
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monitoring requirements must be
submitted to AQS. Monitoring agencies
annually certify that these data are
accurate to the best of their knowledge.
All data are reviewed to determine the
area’s air quality status in accordance
with 40 CFR part 50, appendix T (for
SO2). In general, for SO2 the EPA does
not rely exclusively on monitoring data
to determine whether the NAAQS is met
unless it has been demonstrated that the
monitors were appropriately sited to
record expected maximum ambient
concentrations of SO2 in an area. As
such, monitoring data can be
supplemented with other relevant
information, including dispersion
modeling and emissions inventories, for
determining attainment.7
The attainment date for the Anne
Arundel-Baltimore County Area was
September 12, 2021. For an area where
monitoring data alone is used in the
determination of attainment, the threeyear design value for the calendar years
preceding the attainment date is
typically used (e.g., the design value for
January 2018 through December 2020 is
the appropriate design value for an
attainment date of September 12, 2021).
In this case for the Anne ArundelBaltimore County NAA however, the
EPA is relying on both a combination of
monitoring data and preexisting
modeling from the November 2022 CDD
to demonstrate attainment. The
modeling for the CDD was for the period
January 2019 through December 2021,
which includes approximately 3.5
months of data occurring after the
attainment date. The use of modeling
information from 2021 provides
additional credible evidence to
demonstrate attainment by the
September 12, 2021 attainment date
because it is a more current
representation of air quality in the area.
Additionally, the EPA evaluated
emissions from 2018 (i.e., September 13,
2018 through December 31, 2018) as a
crosscheck of the 3.5 months of data
that was modeled after the attainment
date (i.e., September 13, 2021 through
December 31, 2021) to confirm that the
modeling impacts would not have
resulted in violations had other time
periods been modeled which would
have aligned more closely with the
monitored design value from 2018–
2020.
7 The memorandum of April 23, 2014, from Steve
Page, Director, EPA Office of Air Quality Planning
and Standards to the EPA Air Division Directors
‘‘Guidance for 1-hr SO2 Nonattainment Area SIP
Submissions’’ provides guidance for determining
attainment for the 2010 1-hr primary SO2 NAAQS.
This document is available at www.epa.gov/sites/
production/files/2016-06/documents/
20140423guidance_nonattainment_sip.pdf.
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II. Proposed Determination
A. Area Characterization
The Anne Arundel-Baltimore County
Area is located in Maryland along the
western banks of the Chesapeake Bay
and encompasses portions of Anne
Arundel County and Baltimore County
within 26.8 kilometers of Herbert A.
Wagner’s Generating Station (Wagner)
unit 3 stack, which is located at
39.17765 N latitude, 76.52752 W
longitude. Any portion of Baltimore City
that falls within this 26.8-kilometer
radius is excluded from the
nonattainment area. As noted, this area
was designated as nonattainment by the
EPA on July 12, 2016 for the 2010 1hour primary SO2 NAAQS.8 A March 2,
2015 Consent Decree and enforceable
order issued by the United States
District Court for the Northern District
of California mandated that the EPA
issue designations within 16 months
(July 2, 2016) for areas that contained a
stationary source that had not been
announced for retirement and,
according to the EPA’s Air Markets
Database, emitted either more than
16,000 tons of SO2 in 2012 or more than
2,600 tons of SO2 and had an annual
average emission rate of at least 0.45
pounds of SO2 per one million British
thermal units (lbs SO2/MMBTU) in
2012.9 In 2012, Wagner emitted 7,514
tons of SO2 and had an emissions rate
of 1.105 lbs SO2/MMBTU, and had not
been announced for retirement as of
March 2, 2015. As a result, the Consent
Decree applied to the Anne ArundelBaltimore County Area.
Including Wagner, the Anne ArundelBaltimore County Area contains three
facilities that emit or have historically
emitted SO2 for the timeframe of
interest. Brandon Shores power plant,
C.P. Crane (Crane) power plant, and
Wagner possess or have possessed coalfired electric generating units (EGUs).
Brandon Shores and Wagner are located
next to one another in northern Anne
Arundel County near the City of
Baltimore on a 456-acre site called the
Fort Smallwood Complex. Crane is
located approximately 22 kilometers
northeast of the Fort Smallwood
Complex in Baltimore County.10
8 81
FR 45039 (effective September 12, 2016).
Decree, Sierra Club v. McCarthy, No.
3:13–cv–3953–SI, (N.D. Cal. March 2, 2015). This
document is available at www.4cleanair.org/wpcontent/uploads/resources/Litigation-SO2Designations_Deadline_Suit-Final_CD–030215.pdf.
10 The Wheelabrator-Baltimore waste-to-energy
facility is the only other source that could produce
model impacts in the NAA. However,
Wheelabrator-Baltimore is excluded in this action
as it is not located within the NAA and has a
minimal contribution to the area of maximum
9 Consent
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To aid in assessing if an area is
meeting attainment, SLAMS collect
ambient air data. One such monitor, the
Essex monitor (Air Quality System
(AQS) Site ID 24–005–3001), is located
in the Anne Arundel-Baltimore County
Area. The Essex monitor in Baltimore
County is over 15 kilometers northeast
of the Fort Smallwood Complex
(Brandon Shores and Wagner) and
approximately 9 kilometers west of
Crane—placing the monitor well away
from any primary sources of SO2. The
Essex monitor’s 1-hour SO2 design
values have not violated the 2010 1hour primary SO2 NAAQS of 75 ppb
over the last decade. The last design
value exceedance of the NAAQS for this
site was during the 2007–2009 period.
Additionally, there is a special purpose
monitor in the Area—the Riviera Beach
monitor (AQS ID 24–003–2002)—which
has only operated since January 2018. It
is sited in Anne Arundel County, less
than 5 kilometers away from the Fort
Smallwood Complex, providing a better
estimation of the actual maximum SO2
concentration within the nonattainment
area. While it has not measured any
instances exceeding the 2010 1-hour
SO2 NAAQS, it has experienced
significant timeframes of invalid or
missing measurements and was
discontinued in 2022.
As placement of the Essex SLAMS
and Riviera Beach special purpose
monitor does not capture the location of
the maximum ambient SO2
concentration,11 modeling may
supplement the monitoring data to
assist in determining if the Anne
Arundel-Baltimore County Area has
timely reached attainment.12 This action
utilizes the same modeling as the
November 2022 CDD for the Anne
Arundel-Baltimore County Area
between 2019–2021. This modeling
analysis followed much of the modeling
procedures outlined in Maryland’s SIP
modeling protocol document 13 and
Maryland’s original designation
modeling analysis. As such, this
modeling largely follows established
model guidelines previously utilized in
Maryland’s analysis of the Anne
Arundel-Baltimore County Area.
B. Evaluation of SO2 Emissions Data
The EPA evaluated annual SO2
emissions trends for sources within the
Anne Arundel-Baltimore County Area.
The annual emissions from 2012–2021
from each major stationary source
within the Area are provided in table 1
in this document, along with the total
combined emissions from the listed
stationary sources. By the end of 2020,
total SO2 emissions within the Area had
declined approximately 90% from 2012
levels and approximately 89% from
2016 levels—the year of nonattainment
designation. The closure of Crane’s coal
units by 2018, the conversion of Wagner
Unit 2 from coal to natural gas in 2020,
and the installation of a dry sorbent
injection emission control system for
SO2 on Wagner Unit 3 in 2018 all
contributed to this significant reduction.
Additionally, the remaining Fort
Smallwood Complex coal units have
reduced their total annual operating
hours under enforceable consent
orders,14 further decreasing SO2
emissions within the Area.
The reduction in emissions in the
2018–2020 timeframe compared to pre2018 emissions provides evidence that
the Anne Arundel-Baltimore County
Area saw air quality improvements in
SO2 levels and supports the finding that
the Area attained the 2010 1-hour SO2
NAAQS by September 12, 2021.
TABLE 1—ANNUAL EMISSIONS FROM MAJOR STATIONARY SO2 SOURCES IN THE ANNE ARUNDEL-BALTIMORE COUNTY
NONATTAINMENT AREA FOR 2012–2021
[Tons of SO2 per year]
Brandon Shores
H.A. Wagner
C.P. Crane
Year
Total
Unit 1
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
...........................
Unit 2
1,547
1,389
1,670
1,311
1,450
1,098
1,747
547
420
759
1,301
1,482
1,475
1,643
1,270
1,418
1,785
954
267
720
C. Evaluation of SO2 Monitoring Data
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The 3-year design values of 1-hour
SO2 from 2014–2021 as well as the
annual 99th percentile of 1-hour SO2
concentrations for the Essex Monitor are
shown in table 2 in this document. The
Essex Monitor has been below the 2010
1-hour SO2 NAAQS design value since
concentration within the NAA, as described in the
‘‘EPA CDD TSD—Technical Support Document—
Clean Data Determination for the Anne ArundelBaltimore Counties SO2 Nonattainment Area__
August 2022’’ document.
11 See Page 43 of ‘‘EPA CDD TSD—Technical
Support Document—Clean Data Determination for
the Anne Arundel-Baltimore Counties SO2
Nonattainment Area__August 2022’’ document.
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Unit 1
0.2
0.2
72.6
65.0
26.5
2.5
6.1
15.3
0
5.7
Unit 2
Unit 3
2,513
1,555
1,940
1,188
163
117
230
88.8
0
0
4,964
8,557
7,277
8,754
7,575
1,245
2,733
1,124
605
645
Unit 4
41.1
72.7
323
185
74.8
60.8
197
39.9
13.5
17.4
Unit 1
1,214
719
574
382
412
379
392
0
0
0
Unit 2
962
2,143
1,316
946
638
449
475
0
0
0
12,542
15,918
14,648
14,474
11,609
4,769
7,565
2,769
1,306
2,147
2012 and has had no hourly SO2 values
exceeding the 75 ppb 2010 1-hour SO2
NAAQS in the same timeframe. From
2014 to 2020, the Essex Monitor design
value has declined from 22 ppb to 9
ppb, representing a decrease of
approximately 59%, which could be
attributed to the significant decline in
operations of the coal fired EGUs in the
Area over the past decade. The 2018–
2020 design value of 9 ppb represents
12% of the 2010 1-hour SO2 NAAQS.
Since 2014, the Essex Monitor has
reliably reported data, collecting and
logging data on approximately 95% of
days since its installation. This
12 See supra Note 7, EPA ‘‘Guidance for 1-hr SO
2
Nonattainment Area SIP Submissions’’, available at
www.epa.gov/sites/default/files/2016-06/
documents/20140423guidance_nonattainment_
sip.pdf.
13 See Maryland’s Planning and Policy: State
Implementation Plans (SIPs) web page:
mde.maryland.gov/programs/air/
airqualityplanning/pages/index.aspx and EPA
Round 2 designation page for Maryland:
www.epa.gov/sulfur-dioxide-designations/so2designations-round-2-marylandstaterecommendation-and-epa-response.
14 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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represents complete data for monitoring
purposes.15
TABLE 2—2014–2021 ESSEX MONITOR SO2 VALUES FOR THE ANNE ARUNDEL-BALTIMORE COUNTY AREA
99th Percentile
daily 1-hour
maximum value
(ppb)
Year
2014
2015
2016
2017
2018
2019
2020
2021
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
.........................................................................................
Number of hourly
SO2 values
above 75 ppb
(by year)
Design value
(ppb) *
26.4
17.7
12.9
8.5
12.3
10.5
4.7
5.4
22
22
19
13
11
10
9
7
Valid monitor
days
(by year)
0
0
0
0
0
0
0
0
360
357
355
323
318
351
352
354
* The design value was calculated with the reported year as the final year of the three-year period used in determining the design value (e.g.,
2014 was calculated from the years 2012–2014).
The other monitor in the Area, the
special purpose Riviera Beach Monitor,
has a 2018–2020 1-hour SO2 design
value of 24 ppb. This monitor was
discontinued in mid-2022, precluding
the use of a more recent design value.
Furthermore, this monitor has
experienced significant periods of
invalid or missing measurements since
its installation in January 2018 and as
such, the incorporation of its data into
this determination of attainment by the
attainment date will be limited to
segments of valid and recorded
monitoring periods.
The EPA finds the monitoring data
from the Essex monitor in the Anne
Arundel-Baltimore County Area
supports the conclusion that the Area
attained the 2010 1-hour SO2 NAAQS
by the September 12, 2021 attainment
date.
D. Evaluation of Modeling Data
The EPA conducted a modeling
analysis for the CDD proposal 16 in July
2022, and as both this action and the
CDD largely pertain to the same
timeframe, this determination of
attainment by the attainment date will
utilize the same modeling results. The
modeling analysis was based on a
combination of actual and allowable
emissions for 2019–2021. Concurrent
meteorological data for 2019–2021 and
appropriate background concentrations
were incorporated into the model, and
inputs were overlaid into a model
receptor grid covering the areas near the
sources to adequately capture the
maximum modeled concentration. As
noted, this modeling analysis followed
much of the modeling procedures
outlined in Maryland’s modeling
protocol document and Maryland’s
original designation modeling analysis.
Therefore, this modeling largely follows
established model guidelines previously
utilized in Maryland’s analysis of the
Anne Arundel-Baltimore County Area.
Additional information on the model
assumptions and development is
available in the docket for this action.17
The EPA’s modeling analysis based
on 2019–2021 SO2 emissions
demonstrate a peak design value of 53.1
ppb occurs within the Anne ArundelBaltimore County Area. This modeled
value is approximately 71% of the 75
ppb 2010 SO2 NAAQS and occurred
about one kilometer east of the Fort
Smallwood Complex, near the southern
shoreline of the Patapsco River. The
peak model receptor design value and
the 99th percentile model
concentrations used in this calculation
are summarized in table 3 in this
document. It should be noted that the
99th percentile values decline over this
modeled period—aligning with the
reduced SO2 emissions from the major
stationary sources in the Area.
TABLE 3—SUMMARY OF 2019–2021 PEAK MODELED RECEPTOR 1-HOUR SO2 DESIGN VALUES AND 99TH PERCENTILE
VALUES FOR THE ANNE ARUNDEL-BALTIMORE COUNTY, MD AREA
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Year 1
Year 2
Year 3
Design value
(ppb)
Date
Hour
of day
SO2 99th
percentile
(ppb)
Date
Hour
of day
SO2 99th
percentile
(ppb)
Date
Hour
of day
SO2 99th
percentile
(ppb)
53.1 ......................
10–02–2019
14
69.3
7–27–2020
12
52.3
1–20–2021
09
37.9
As previously discussed, this CDD
modeling data includes approximately
3.5 months of data occurring after the
attainment date and does not include
approximately 3.5 months of data from
September 2018 through December
2018. To ensure consideration of the 36-
month period prior to the attainment
date, the EPA has analyzed the
emissions data of these 3.5 months at
the end of 2018. While emissions
between these two 36-month periods
(September 2018 through September
2021 vs. January 2018 through
December 2021) are relatively similar,
the substitution of the September
through December 2018 data for the
September through December 2021 data
does represent an approximately 16%
increase in the total emissions during
the 36-month period utilized for
15 See supra Note 6, for requirements of data
completeness.
16 87 FR 51006, August 19, 2022.
17 See ‘‘EPA CDD TSD—Technical Support
Document—Clean Data Determination for the Anne
Arundel-Baltimore Counties SO2 Nonattainment
Area__August 2022’’ document.
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assessing timely attainment. This data,
compiled from the EPA’s Clean Air
Markets Program Data,18 is available in
table 4 in this document and can be
compared to the totals for the 2019–
2018 through September 2021 basis,
respectively, are as follows: Period 1—
2,769 vs. 3,396; Period 2—1,306 vs.
1,764; and Period 3—2,147 vs. 2,083.
2021 timeframe provided in table 1 in
this document. The total tons of SO2
emissions for each of these 1-year (or
12-month) periods on a 2019–2021
calendar-year basis vs. a September
TABLE 4—EMISSIONS FROM MAJOR STATIONARY SO2 SOURCES IN THE ANNE ARUNDEL-BALTIMORE COUNTY
NONATTAINMENT AREA FOR SEPTEMBER 2018 THROUGH SEPTEMBER 2021
[Tons of SO2 per year]
Time period
Brandon Shores
Sept. 12, 2018–Sept. 11, 2019 .................................................................................
Sept. 12, 2019–Sept. 11, 2020 .................................................................................
Sept. 12, 2020–Sept. 11, 2021 .................................................................................
Wagner
1,976.1
779.3
1,608.2
1,419.4
984.7
474.5
Total *
3,395.5
1,764.0
2,082.7
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* C.P. Crane is excluded from this table as the facility had ceased operation by September 12, 2018.
Two of these periods show higher
emissions on the September-toSeptember basis and thus suggest that
the modeled 2019–2021 peak design
value may underestimate the 36-month
September 2018 through September
2021 peak design value in the Area.
However, the modeled peak design
value of 53.1 ppb is substantially lower
than the NAAQS of 75 ppb and even
with the increase in emissions rates for
this September 2018 through September
2021 period, the EPA has determined
that the increased emissions are
insufficient to prevent the Area from
having reached attainment by the
attainment date.
While emission increases are not
necessarily proportional to increases in
design values, if the 16% increase in the
total emissions led to a 16% increase in
the modeled design value of 53.1 ppb,
the adjusted modeled design value
would be 61.6 ppb—still well below the
NAAQS of 75 ppb. Comparatively, the
design value for September 2018
through September 2021 would have to
increase over 40% from the modeled
design value of 53.1 ppb for January
2019 through December 2021 in order to
violate the NAAQS.
Additionally, the 2022 CDD Technical
Support Document quantifies the
annual 99th percentile of the daily
maximum 1-hour average
concentrations of SO2 for the 3 years
used in computing the modeled peak
design value.19 These values (available
in table 3 in this document) are 69.3
ppb, 52.3 ppb, and 37.9 ppb for Years
2019, 2020, and 2021, respectively, and
the average of these values, 53.1 ppb, is
the modeled design value. In the event
that the lowest of these values were to
be substituted with an alternative
annual 99th percentile of the daily
18 Available
at campd.epa.gov/.
Page 44 of ‘‘EPA CDD TSD—Technical
Support Document—Clean Data Determination for
19 See
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maximum 1-hour average concentration
of SO2 (which could have occurred
during the September 2018 through
December 2018 time period), this
theoretical value would need to measure
in excess of 103.4 ppb for the design
value to violate the NAAQS. For
comparison, the highest SO2
concentration observed at the nearby
Riviera Beach monitor during the
entirety of its valid and recorded
monitoring periods measured 63.9 ppb.
While not positioned exactly in the area
of maximum concentration, as noted
above, this monitor was in close
proximity to the Fort Smallwood
Complex. Considering this monitoring
data and the results of the CDD
modeling, it is highly unlikely that the
September 2018 through December 2018
period would result in an annual 99th
percentile (i.e., 4th highest observed) of
the daily maximum 1-hour average
concentrations exceeding 103.4 ppb and
thus producing a design value in
violation of the NAAQS.
The EPA finds that the modeling
analysis conducted for Anne ArundelBaltimore County for the January 2019
through December 2021 period supports
the conclusion that the Area attained
the 2010 1-hour SO2 NAAQS by the
September 12, 2021 attainment date, as
the maximum modeled design value in
the Area of 53.1 ppb is lower than the
NAAQS of 75 ppb.20 Consideration of
this 2019–2021 modeling analysis in
concert with emissions data from
September 2018 through December 2018
indicates that the area was in attainment
for the entire 36-month period prior to
the attainment date.
E. Conclusion
The EPA proposes to determine that
the Anne Arundel-Baltimore County
the Anne Arundel-Baltimore Counties SO2
Nonattainment Area__August 2022’’ document.
20 See Page 43 of ‘‘EPA CDD TSD—Technical
Support Document—Clean Data Determination for
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nonattainment area attained the 2010 1hour SO2 NAAQS by the September 12,
2021 attainment date. The supporting
bases for our proposed determination of
attainment include: emissions within
the Area have been reduced by 90%
between 2012 to 2020; ambient air
quality monitoring has had no
exceedances of the 2010 1-hour SO2
NAAQS since 2012 and SO2 readings
have declined 59% from 2014 to 2020;
and the EPA’s modeling analysis (based
on 2019–2021 SO2 emissions) predicts a
maximum design value within the Area
of 53.1 ppm—71% of the 75 ppb 2010
SO2 NAAQS—and as explained above,
the inclusion of 2018 emissions data
would not result in a violating design
value. Notably, MDE’s report to the
EPA, leading to the subsequent issuance
of the CDD, shows that the area
continues to attain the NAAQS. The
EPA’s determination that the area
attained the 2010 1-hour SO2 NAAQS
by the attainment date is supported by
all of the available aforementioned
evidence.
III. Proposed Action and Request for
Public Comment
Based on the EPA’s review of all
available evidence described in this
proposed rulemaking, the EPA is
proposing to determine that the Anne
Arundel-Baltimore County
nonattainment area attained the 2010 1hour primary SO2 NAAQS by the
statutory attainment date of September
12, 2021.
Finalizing this action would not
constitute a redesignation of the Anne
Arundel-Baltimore County
nonattainment area to attainment of the
2010 1-hour SO2 NAAQS under section
107(d)(3) of the CAA. If this action is
finalized, the Anne Arundel-Baltimore
the Anne Arundel-Baltimore Counties SO2
Nonattainment Area__August 2022’’ document.
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County Area will remain designated
nonattainment for the 2010 1-hour SO2
NAAQS until such time as Maryland
submits to the EPA a redesignation
request and accompanying 10-year
maintenance plan, and the EPA
determines that the area meets the CAA
requirements for redesignation to
attainment and takes action to
redesignate the area.
If finalized, this action will address
the EPA’s obligation under CAA section
179(c) to determine if the Anne
Arundel-Baltimore County Area
attained the 2010 1-hour SO2 NAAQS
by the September 12, 2021 attainment
date. The EPA is soliciting public
comments on this proposed rulemaking.
These comments will be considered
before taking final action.
IV. Statutory and Executive Order
Reviews
This action proposes to determine an
area has attained the NAAQS by the
relevant attainment date and does not
impose additional or modify existing
requirements. For that reason, this
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
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Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’ The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, which finds that
a nonattainment area had attained the
2010 SO2 NAAQS by the applicable
attainment date, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples. In
addition, this proposed rulemaking, the
determination of attainment by
attainment date for the Anne ArundelBaltimore County SO2 nonattainment
area, does not have tribal implications
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000),
because this action is not approved to
apply in Indian country located in the
State, and the EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 52
Anita Pease, Antimicrobials Division
(7510M), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–0736; email address: pease.anita@
epa.gov.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–19436 Filed 9–5–24; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 180
[EPA–HQ–OPP–2023–0454; FRL–12177–01–
OCSPP]
RIN 2070–ZA16
Pesticide Tolerances; Implementing
Registration Review Decisions for
Certain Pesticides (Capric (Decanoic)
Acid, Caprylic (Octanoic) Acid, and
Pelargonic (Nonanoic) Acid)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is proposing to
implement several tolerance actions
under the Federal Food, Drug, and
Cosmetic Act (FFDCA) that the Agency
determined were necessary or
appropriate during the registration
review conducted under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). During registration review,
EPA reviews all aspects of a pesticide
case, including existing tolerances, to
ensure that the pesticide continues to
meet the standard for registration under
FIFRA. The pesticide tolerances and
active ingredients addressed in this
rulemaking are identified and discussed
in detail in Unit III. of this document.
DATES: Comments must be received on
or before November 5, 2024.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2023–0454,
through https://www.regulations.gov.
Follow the online instructions for
submitting comments. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Proposed Rules]
[Pages 72770-72775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19436]
[[Page 72770]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0152; FRL-11858-01-R3]
Air Plan Approval; Maryland; Determination of Attainment by the
Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Anne Arundel County and Baltimore County, Maryland
sulfur dioxide (SO2) nonattainment area attained the 2010 1-
hour primary SO2 national ambient air quality standard (2010
SO2 NAAQS) by the applicable attainment date of September
12, 2021. This determination is based on certified ambient air quality
data from the 2018-2020 monitoring period, relevant modeling analysis,
and additional emissions inventory information. This action, if
finalized, will address the EPA's obligation under Clean Air Act (CAA)
section 179(c) to determine whether the Anne Arundel and Baltimore
County SO2 nonattainment area (referred to hereafter as the
Anne Arundel-Baltimore County Area, or simply the Area) attained the
2010 SO2 NAAQS by the September 12, 2021 attainment date.
DATES: Written comments must be received on or before October 7, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0152 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Philip McGuire, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2251. Mr. McGuire can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to the EPA.
I. Background
A. The 2010 1-Hour Primary SO2 NAAQS
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
that the EPA has determined are requisite to protect the public health,
while the secondary NAAQS represent ambient air quality standards that
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such an air pollutant in the ambient air.
Under the CAA, the EPA must establish a NAAQS for SO2,
which is primarily released to the atmosphere through the burning of
fossil fuels by power plants and other industrial facilities. The EPA
first established primary SO2 standards in 1971 at 140 parts
per billion (ppb) over a 24-hour averaging period and at 30 ppb over an
annual averaging period.\1\
---------------------------------------------------------------------------
\1\ 36 FR 8186, April 30, 1971.
---------------------------------------------------------------------------
On June 22, 2010, the EPA published in the Federal Register a
strengthened, primary 1-hour SO2 NAAQS, establishing a new
standard at a level of 75 ppb, based on the 3-year average of the
annual 99th percentile of daily maximum 1-hour average concentrations
of SO2.\2\ This revised SO2 NAAQS provides
increased protection of public health, and provided for revocation of
the 1971 primary annual and 24-hour SO2 standards for most
areas of the country following area designations under the new NAAQS.
---------------------------------------------------------------------------
\2\ 75 FR 35520, June 22, 2010.
---------------------------------------------------------------------------
B. Designations, Classifications, and Attainment Dates for the 2010 SO2
NAAQS
Following promulgation of a new or revised NAAQS, the EPA is
required to designate all areas of the country as either
``attainment,'' ``nonattainment,'' or ``unclassifiable,'' pursuant to
CAA section 107(d)(1). On August 5, 2013, the EPA finalized its first
round of designations for the 2010 1-hour primary SO2
NAAQS.\3\ In this 2013 action, the EPA designated 29 areas in 16 states
as nonattainment for the 2010 1-hour primary SO2 NAAQS. On
July 12, 2016, the EPA finalized its second round of initial
designations under the 2010 1-hour primary SO2 NAAQS,
designating an additional four areas as nonattainment, effective
September 12, 2016.\4\ Included in this second round of designations
was the Anne Arundel-Baltimore County Area. This designation was based
on the weight of evidence for the Area, including available air quality
modeling and ambient air monitoring data from 2013-2015. Pursuant to
section 192(a) of the CAA, the attainment date for the Anne Arundel-
Baltimore County Area was no later than five years after the effective
date of initial designation, or September 12, 2021.
---------------------------------------------------------------------------
\3\ 78 FR 47191, August 5, 2013.
\4\ 81 FR 45039, July 12, 2016.
---------------------------------------------------------------------------
CAA section 191(a) directs states containing an area designated
nonattainment for the 2010 1-hour primary SO2 NAAQS to
develop and submit a nonattainment area (NAA) state implementation plan
(SIP) to the EPA within 18 months of the effective date of an area's
designation as nonattainment. For SO2, the NAA SIP (also
referred to as an attainment plan) must meet the requirements of
subparts l and 5 of part D, of title 1 of the CAA, and provide for
attainment of the NAAQS by the applicable statutory attainment date, or
no later than five years from the effective date of designation. The
Maryland Department of Environment (MDE) submitted an attainment plan
SIP for the Anne Arundel-Baltimore County Area on January 31, 2020.
When a nonattainment area is attaining the 2010 1-hour primary
SO2 NAAQS based on the most recent available data, the EPA
may issue a
[[Page 72771]]
Clean Data Determination (CDD), suspending certain NAA planning
requirements. The EPA issued a CDD for the Anne Arundel-Baltimore
County Area based on modeling and monitoring data for the period 2019-
2021 via a final rule published on November 2, 2022, and at the same
time, approved certain elements of the submitted attainment plan that
are not waived by the EPA's CDD policy.\5\ Notably, a CDD does not
alter the Area's nonattainment designation. For the EPA to redesignate
an area to attainment, the state must submit, and the EPA must approve
a redesignation request for the Area that meets the requirements of CAA
section 107(d)(3). To date, Maryland has not requested redesignation of
the Area to attainment.
---------------------------------------------------------------------------
\5\ 87 FR 66086, November 2, 2022.
---------------------------------------------------------------------------
C. EPA Determination of Attainment by the Attainment Date
Section 179(c)(1) of the CAA requires the EPA to determine whether
a nonattainment area attained an applicable standard by the applicable
attainment date based on the area's air quality as of the attainment
date. The EPA is required to issue this determination within six months
of the attainment date. Thus, the EPA had a mandatory duty to determine
by March 12, 2022, under CAA section 179(c) if the Area reached
attainment. With this action, the EPA proposes to determine, in
accordance with CAA section 179(c), that the Anne Arundel-Baltimore
County Area attained the 2010 1-hour primary SO2 NAAQS by
the September 12, 2021, attainment date.
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent three years of
complete, quality-assured data gathered at established state and local
air monitoring stations (SLAMS) in a nonattainment area and entered
into the EPA's Air Quality System (AQS) database.\6\ Data from ambient
air monitors operated by state and local agencies in compliance with
the EPA monitoring requirements must be submitted to AQS. Monitoring
agencies annually certify that these data are accurate to the best of
their knowledge. All data are reviewed to determine the area's air
quality status in accordance with 40 CFR part 50, appendix T (for
SO2). In general, for SO2 the EPA does not rely
exclusively on monitoring data to determine whether the NAAQS is met
unless it has been demonstrated that the monitors were appropriately
sited to record expected maximum ambient concentrations of
SO2 in an area. As such, monitoring data can be supplemented
with other relevant information, including dispersion modeling and
emissions inventories, for determining attainment.\7\
---------------------------------------------------------------------------
\6\ Under EPA regulations in 40 CFR 50.17 and in accordance with
40 CFR part 50, appendix T, the 2010 1-hour annual SO2
standard is met at an ambient air quality monitoring site when the
design value is less than or equal to 75 ppb. Design values are
calculated by computing the three-year average of the annual 99th
percentile daily maximum 1-hour average concentrations. An
SO2 1-hour primary standard design value is valid if it
encompasses three consecutive calendar years of complete data. A
year is considered complete when all four quarters are complete, and
a quarter is complete when at least 75 percent of the sampling days
are complete. A sampling day is considered complete if 75 percent of
the hourly concentration values are reported; this includes data
affected by exceptional events that have been approved for exclusion
by the Administrator.
\7\ The memorandum of April 23, 2014, from Steve Page, Director,
EPA Office of Air Quality Planning and Standards to the EPA Air
Division Directors ``Guidance for 1-hr SO2 Nonattainment
Area SIP Submissions'' provides guidance for determining attainment
for the 2010 1-hr primary SO2 NAAQS. This document is
available at www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
---------------------------------------------------------------------------
The attainment date for the Anne Arundel-Baltimore County Area was
September 12, 2021. For an area where monitoring data alone is used in
the determination of attainment, the three-year design value for the
calendar years preceding the attainment date is typically used (e.g.,
the design value for January 2018 through December 2020 is the
appropriate design value for an attainment date of September 12, 2021).
In this case for the Anne Arundel-Baltimore County NAA however, the EPA
is relying on both a combination of monitoring data and preexisting
modeling from the November 2022 CDD to demonstrate attainment. The
modeling for the CDD was for the period January 2019 through December
2021, which includes approximately 3.5 months of data occurring after
the attainment date. The use of modeling information from 2021 provides
additional credible evidence to demonstrate attainment by the September
12, 2021 attainment date because it is a more current representation of
air quality in the area. Additionally, the EPA evaluated emissions from
2018 (i.e., September 13, 2018 through December 31, 2018) as a
crosscheck of the 3.5 months of data that was modeled after the
attainment date (i.e., September 13, 2021 through December 31, 2021) to
confirm that the modeling impacts would not have resulted in violations
had other time periods been modeled which would have aligned more
closely with the monitored design value from 2018-2020.
II. Proposed Determination
A. Area Characterization
The Anne Arundel-Baltimore County Area is located in Maryland along
the western banks of the Chesapeake Bay and encompasses portions of
Anne Arundel County and Baltimore County within 26.8 kilometers of
Herbert A. Wagner's Generating Station (Wagner) unit 3 stack, which is
located at 39.17765 N latitude, 76.52752 W longitude. Any portion of
Baltimore City that falls within this 26.8-kilometer radius is excluded
from the nonattainment area. As noted, this area was designated as
nonattainment by the EPA on July 12, 2016 for the 2010 1-hour primary
SO2 NAAQS.\8\ A March 2, 2015 Consent Decree and enforceable
order issued by the United States District Court for the Northern
District of California mandated that the EPA issue designations within
16 months (July 2, 2016) for areas that contained a stationary source
that had not been announced for retirement and, according to the EPA's
Air Markets Database, emitted either more than 16,000 tons of
SO2 in 2012 or more than 2,600 tons of SO2 and
had an annual average emission rate of at least 0.45 pounds of
SO2 per one million British thermal units (lbs
SO2/MMBTU) in 2012.\9\ In 2012, Wagner emitted 7,514 tons of
SO2 and had an emissions rate of 1.105 lbs SO2/
MMBTU, and had not been announced for retirement as of March 2, 2015.
As a result, the Consent Decree applied to the Anne Arundel-Baltimore
County Area.
---------------------------------------------------------------------------
\8\ 81 FR 45039 (effective September 12, 2016).
\9\ Consent Decree, Sierra Club v. McCarthy, No. 3:13-cv-3953-
SI, (N.D. Cal. March 2, 2015). This document is available at
www.4cleanair.org/wp-content/uploads/resources/Litigation-SO2-Designations_Deadline_Suit-Final_CD-030215.pdf.
---------------------------------------------------------------------------
Including Wagner, the Anne Arundel-Baltimore County Area contains
three facilities that emit or have historically emitted SO2
for the timeframe of interest. Brandon Shores power plant, C.P. Crane
(Crane) power plant, and Wagner possess or have possessed coal-fired
electric generating units (EGUs). Brandon Shores and Wagner are located
next to one another in northern Anne Arundel County near the City of
Baltimore on a 456-acre site called the Fort Smallwood Complex. Crane
is located approximately 22 kilometers northeast of the Fort Smallwood
Complex in Baltimore County.\10\
---------------------------------------------------------------------------
\10\ The Wheelabrator-Baltimore waste-to-energy facility is the
only other source that could produce model impacts in the NAA.
However, Wheelabrator-Baltimore is excluded in this action as it is
not located within the NAA and has a minimal contribution to the
area of maximum concentration within the NAA, as described in the
``EPA CDD TSD--Technical Support Document--Clean Data Determination
for the Anne Arundel-Baltimore Counties SO2 Nonattainment
Area__August 2022'' document.
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[[Page 72772]]
To aid in assessing if an area is meeting attainment, SLAMS collect
ambient air data. One such monitor, the Essex monitor (Air Quality
System (AQS) Site ID 24-005-3001), is located in the Anne Arundel-
Baltimore County Area. The Essex monitor in Baltimore County is over 15
kilometers northeast of the Fort Smallwood Complex (Brandon Shores and
Wagner) and approximately 9 kilometers west of Crane--placing the
monitor well away from any primary sources of SO2. The Essex
monitor's 1-hour SO2 design values have not violated the
2010 1-hour primary SO2 NAAQS of 75 ppb over the last
decade. The last design value exceedance of the NAAQS for this site was
during the 2007-2009 period. Additionally, there is a special purpose
monitor in the Area--the Riviera Beach monitor (AQS ID 24-003-2002)--
which has only operated since January 2018. It is sited in Anne Arundel
County, less than 5 kilometers away from the Fort Smallwood Complex,
providing a better estimation of the actual maximum SO2
concentration within the nonattainment area. While it has not measured
any instances exceeding the 2010 1-hour SO2 NAAQS, it has
experienced significant timeframes of invalid or missing measurements
and was discontinued in 2022.
As placement of the Essex SLAMS and Riviera Beach special purpose
monitor does not capture the location of the maximum ambient
SO2 concentration,\11\ modeling may supplement the
monitoring data to assist in determining if the Anne Arundel-Baltimore
County Area has timely reached attainment.\12\ This action utilizes the
same modeling as the November 2022 CDD for the Anne Arundel-Baltimore
County Area between 2019-2021. This modeling analysis followed much of
the modeling procedures outlined in Maryland's SIP modeling protocol
document \13\ and Maryland's original designation modeling analysis. As
such, this modeling largely follows established model guidelines
previously utilized in Maryland's analysis of the Anne Arundel-
Baltimore County Area.
---------------------------------------------------------------------------
\11\ See Page 43 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO2 Nonattainment Area__August 2022'' document.
\12\ See supra Note 7, EPA ``Guidance for 1-hr SO2
Nonattainment Area SIP Submissions'', available at www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf.
\13\ See Maryland's Planning and Policy: State Implementation
Plans (SIPs) web page: mde.maryland.gov/programs/air/airqualityplanning/pages/index.aspx and EPA Round 2 designation page
for Maryland: www.epa.gov/sulfur-dioxide-designations/so2-designations-round-2-maryland-staterecommendation-and-epa-response.
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B. Evaluation of SO2 Emissions Data
The EPA evaluated annual SO2 emissions trends for
sources within the Anne Arundel-Baltimore County Area. The annual
emissions from 2012-2021 from each major stationary source within the
Area are provided in table 1 in this document, along with the total
combined emissions from the listed stationary sources. By the end of
2020, total SO2 emissions within the Area had declined
approximately 90% from 2012 levels and approximately 89% from 2016
levels--the year of nonattainment designation. The closure of Crane's
coal units by 2018, the conversion of Wagner Unit 2 from coal to
natural gas in 2020, and the installation of a dry sorbent injection
emission control system for SO2 on Wagner Unit 3 in 2018 all
contributed to this significant reduction. Additionally, the remaining
Fort Smallwood Complex coal units have reduced their total annual
operating hours under enforceable consent orders,\14\ further
decreasing SO2 emissions within the Area.
---------------------------------------------------------------------------
\14\ 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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The reduction in emissions in the 2018-2020 timeframe compared to
pre-2018 emissions provides evidence that the Anne Arundel-Baltimore
County Area saw air quality improvements in SO2 levels and
supports the finding that the Area attained the 2010 1-hour
SO2 NAAQS by September 12, 2021.
Table 1--Annual Emissions From Major Stationary SO2 Sources in the Anne Arundel-Baltimore County Nonattainment Area for 2012-2021
[Tons of SO2 per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brandon Shores H.A. Wagner C.P. Crane
Year ------------------------------------------------------------------------------------------------ Total
Unit 1 Unit 2 Unit 1 Unit 2 Unit 3 Unit 4 Unit 1 Unit 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
2012........................................ 1,547 1,301 0.2 2,513 4,964 41.1 1,214 962 12,542
2013........................................ 1,389 1,482 0.2 1,555 8,557 72.7 719 2,143 15,918
2014........................................ 1,670 1,475 72.6 1,940 7,277 323 574 1,316 14,648
2015........................................ 1,311 1,643 65.0 1,188 8,754 185 382 946 14,474
2016........................................ 1,450 1,270 26.5 163 7,575 74.8 412 638 11,609
2017........................................ 1,098 1,418 2.5 117 1,245 60.8 379 449 4,769
2018........................................ 1,747 1,785 6.1 230 2,733 197 392 475 7,565
2019........................................ 547 954 15.3 88.8 1,124 39.9 0 0 2,769
2020........................................ 420 267 0 0 605 13.5 0 0 1,306
2021........................................ 759 720 5.7 0 645 17.4 0 0 2,147
--------------------------------------------------------------------------------------------------------------------------------------------------------
C. Evaluation of SO2 Monitoring Data
The 3-year design values of 1-hour SO2 from 2014-2021 as
well as the annual 99th percentile of 1-hour SO2
concentrations for the Essex Monitor are shown in table 2 in this
document. The Essex Monitor has been below the 2010 1-hour
SO2 NAAQS design value since 2012 and has had no hourly
SO2 values exceeding the 75 ppb 2010 1-hour SO2
NAAQS in the same timeframe. From 2014 to 2020, the Essex Monitor
design value has declined from 22 ppb to 9 ppb, representing a decrease
of approximately 59%, which could be attributed to the significant
decline in operations of the coal fired EGUs in the Area over the past
decade. The 2018-2020 design value of 9 ppb represents 12% of the 2010
1-hour SO2 NAAQS. Since 2014, the Essex Monitor has reliably
reported data, collecting and logging data on approximately 95% of days
since its installation. This
[[Page 72773]]
represents complete data for monitoring purposes.\15\
---------------------------------------------------------------------------
\15\ See supra Note 6, for requirements of data completeness.
Table 2--2014-2021 Essex Monitor SO2 Values for the Anne Arundel-Baltimore County Area
----------------------------------------------------------------------------------------------------------------
99th Percentile Number of hourly
daily 1-hour Design value SO2 values above Valid monitor
Year maximum value (ppb) * 75 ppb (by year) days (by year)
(ppb)
----------------------------------------------------------------------------------------------------------------
2014................................ 26.4 22 0 360
2015................................ 17.7 22 0 357
2016................................ 12.9 19 0 355
2017................................ 8.5 13 0 323
2018................................ 12.3 11 0 318
2019................................ 10.5 10 0 351
2020................................ 4.7 9 0 352
2021................................ 5.4 7 0 354
----------------------------------------------------------------------------------------------------------------
* The design value was calculated with the reported year as the final year of the three-year period used in
determining the design value (e.g., 2014 was calculated from the years 2012-2014).
The other monitor in the Area, the special purpose Riviera Beach
Monitor, has a 2018-2020 1-hour SO2 design value of 24 ppb.
This monitor was discontinued in mid-2022, precluding the use of a more
recent design value. Furthermore, this monitor has experienced
significant periods of invalid or missing measurements since its
installation in January 2018 and as such, the incorporation of its data
into this determination of attainment by the attainment date will be
limited to segments of valid and recorded monitoring periods.
The EPA finds the monitoring data from the Essex monitor in the
Anne Arundel-Baltimore County Area supports the conclusion that the
Area attained the 2010 1-hour SO2 NAAQS by the September 12,
2021 attainment date.
D. Evaluation of Modeling Data
The EPA conducted a modeling analysis for the CDD proposal \16\ in
July 2022, and as both this action and the CDD largely pertain to the
same timeframe, this determination of attainment by the attainment date
will utilize the same modeling results. The modeling analysis was based
on a combination of actual and allowable emissions for 2019-2021.
Concurrent meteorological data for 2019-2021 and appropriate background
concentrations were incorporated into the model, and inputs were
overlaid into a model receptor grid covering the areas near the sources
to adequately capture the maximum modeled concentration. As noted, this
modeling analysis followed much of the modeling procedures outlined in
Maryland's modeling protocol document and Maryland's original
designation modeling analysis. Therefore, this modeling largely follows
established model guidelines previously utilized in Maryland's analysis
of the Anne Arundel-Baltimore County Area. Additional information on
the model assumptions and development is available in the docket for
this action.\17\
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\16\ 87 FR 51006, August 19, 2022.
\17\ See ``EPA CDD TSD--Technical Support Document--Clean Data
Determination for the Anne Arundel-Baltimore Counties SO2
Nonattainment Area__August 2022'' document.
---------------------------------------------------------------------------
The EPA's modeling analysis based on 2019-2021 SO2
emissions demonstrate a peak design value of 53.1 ppb occurs within the
Anne Arundel-Baltimore County Area. This modeled value is approximately
71% of the 75 ppb 2010 SO2 NAAQS and occurred about one
kilometer east of the Fort Smallwood Complex, near the southern
shoreline of the Patapsco River. The peak model receptor design value
and the 99th percentile model concentrations used in this calculation
are summarized in table 3 in this document. It should be noted that the
99th percentile values decline over this modeled period--aligning with
the reduced SO2 emissions from the major stationary sources
in the Area.
Table 3--Summary of 2019-2021 Peak Modeled Receptor 1-Hour SO2 Design Values and 99th Percentile Values for the Anne Arundel-Baltimore County, MD Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1 Year 2 Year 3
-----------------------------------------------------------------------------------------------------------------------
Design value (ppb) SO2 99th SO2 99th SO2 99th
Date Hour of percentile Date Hour of percentile Date Hour of percentile
day (ppb) day (ppb) day (ppb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
53.1............................ 10-02-2019 14 69.3 7-27-2020 12 52.3 1-20-2021 09 37.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
As previously discussed, this CDD modeling data includes
approximately 3.5 months of data occurring after the attainment date
and does not include approximately 3.5 months of data from September
2018 through December 2018. To ensure consideration of the 36-month
period prior to the attainment date, the EPA has analyzed the emissions
data of these 3.5 months at the end of 2018. While emissions between
these two 36-month periods (September 2018 through September 2021 vs.
January 2018 through December 2021) are relatively similar, the
substitution of the September through December 2018 data for the
September through December 2021 data does represent an approximately
16% increase in the total emissions during the 36-month period utilized
for
[[Page 72774]]
assessing timely attainment. This data, compiled from the EPA's Clean
Air Markets Program Data,\18\ is available in table 4 in this document
and can be compared to the totals for the 2019-2021 timeframe provided
in table 1 in this document. The total tons of SO2 emissions
for each of these 1-year (or 12-month) periods on a 2019-2021 calendar-
year basis vs. a September 2018 through September 2021 basis,
respectively, are as follows: Period 1--2,769 vs. 3,396; Period 2--
1,306 vs. 1,764; and Period 3--2,147 vs. 2,083.
---------------------------------------------------------------------------
\18\ Available at campd.epa.gov/.
Table 4--Emissions From Major Stationary SO2 Sources in the Anne Arundel-Baltimore County Nonattainment Area for
September 2018 Through September 2021
[Tons of SO2 per year]
----------------------------------------------------------------------------------------------------------------
Time period Brandon Shores Wagner Total *
----------------------------------------------------------------------------------------------------------------
Sept. 12, 2018-Sept. 11, 2019.......................... 1,976.1 1,419.4 3,395.5
Sept. 12, 2019-Sept. 11, 2020.......................... 779.3 984.7 1,764.0
Sept. 12, 2020-Sept. 11, 2021.......................... 1,608.2 474.5 2,082.7
----------------------------------------------------------------------------------------------------------------
* C.P. Crane is excluded from this table as the facility had ceased operation by September 12, 2018.
Two of these periods show higher emissions on the September-to-
September basis and thus suggest that the modeled 2019-2021 peak design
value may underestimate the 36-month September 2018 through September
2021 peak design value in the Area. However, the modeled peak design
value of 53.1 ppb is substantially lower than the NAAQS of 75 ppb and
even with the increase in emissions rates for this September 2018
through September 2021 period, the EPA has determined that the
increased emissions are insufficient to prevent the Area from having
reached attainment by the attainment date.
While emission increases are not necessarily proportional to
increases in design values, if the 16% increase in the total emissions
led to a 16% increase in the modeled design value of 53.1 ppb, the
adjusted modeled design value would be 61.6 ppb--still well below the
NAAQS of 75 ppb. Comparatively, the design value for September 2018
through September 2021 would have to increase over 40% from the modeled
design value of 53.1 ppb for January 2019 through December 2021 in
order to violate the NAAQS.
Additionally, the 2022 CDD Technical Support Document quantifies
the annual 99th percentile of the daily maximum 1-hour average
concentrations of SO2 for the 3 years used in computing the
modeled peak design value.\19\ These values (available in table 3 in
this document) are 69.3 ppb, 52.3 ppb, and 37.9 ppb for Years 2019,
2020, and 2021, respectively, and the average of these values, 53.1
ppb, is the modeled design value. In the event that the lowest of these
values were to be substituted with an alternative annual 99th
percentile of the daily maximum 1-hour average concentration of
SO2 (which could have occurred during the September 2018
through December 2018 time period), this theoretical value would need
to measure in excess of 103.4 ppb for the design value to violate the
NAAQS. For comparison, the highest SO2 concentration
observed at the nearby Riviera Beach monitor during the entirety of its
valid and recorded monitoring periods measured 63.9 ppb. While not
positioned exactly in the area of maximum concentration, as noted
above, this monitor was in close proximity to the Fort Smallwood
Complex. Considering this monitoring data and the results of the CDD
modeling, it is highly unlikely that the September 2018 through
December 2018 period would result in an annual 99th percentile (i.e.,
4th highest observed) of the daily maximum 1-hour average
concentrations exceeding 103.4 ppb and thus producing a design value in
violation of the NAAQS.
---------------------------------------------------------------------------
\19\ See Page 44 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO2 Nonattainment Area__August 2022'' document.
---------------------------------------------------------------------------
The EPA finds that the modeling analysis conducted for Anne
Arundel-Baltimore County for the January 2019 through December 2021
period supports the conclusion that the Area attained the 2010 1-hour
SO2 NAAQS by the September 12, 2021 attainment date, as the
maximum modeled design value in the Area of 53.1 ppb is lower than the
NAAQS of 75 ppb.\20\ Consideration of this 2019-2021 modeling analysis
in concert with emissions data from September 2018 through December
2018 indicates that the area was in attainment for the entire 36-month
period prior to the attainment date.
---------------------------------------------------------------------------
\20\ See Page 43 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO2 Nonattainment Area__August 2022'' document.
---------------------------------------------------------------------------
E. Conclusion
The EPA proposes to determine that the Anne Arundel-Baltimore
County nonattainment area attained the 2010 1-hour SO2 NAAQS
by the September 12, 2021 attainment date. The supporting bases for our
proposed determination of attainment include: emissions within the Area
have been reduced by 90% between 2012 to 2020; ambient air quality
monitoring has had no exceedances of the 2010 1-hour SO2
NAAQS since 2012 and SO2 readings have declined 59% from
2014 to 2020; and the EPA's modeling analysis (based on 2019-2021
SO2 emissions) predicts a maximum design value within the
Area of 53.1 ppm--71% of the 75 ppb 2010 SO2 NAAQS--and as
explained above, the inclusion of 2018 emissions data would not result
in a violating design value. Notably, MDE's report to the EPA, leading
to the subsequent issuance of the CDD, shows that the area continues to
attain the NAAQS. The EPA's determination that the area attained the
2010 1-hour SO2 NAAQS by the attainment date is supported by
all of the available aforementioned evidence.
III. Proposed Action and Request for Public Comment
Based on the EPA's review of all available evidence described in
this proposed rulemaking, the EPA is proposing to determine that the
Anne Arundel-Baltimore County nonattainment area attained the 2010 1-
hour primary SO2 NAAQS by the statutory attainment date of
September 12, 2021.
Finalizing this action would not constitute a redesignation of the
Anne Arundel-Baltimore County nonattainment area to attainment of the
2010 1-hour SO2 NAAQS under section 107(d)(3) of the CAA. If
this action is finalized, the Anne Arundel-Baltimore
[[Page 72775]]
County Area will remain designated nonattainment for the 2010 1-hour
SO2 NAAQS until such time as Maryland submits to the EPA a
redesignation request and accompanying 10-year maintenance plan, and
the EPA determines that the area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the area.
If finalized, this action will address the EPA's obligation under
CAA section 179(c) to determine if the Anne Arundel-Baltimore County
Area attained the 2010 1-hour SO2 NAAQS by the September 12,
2021 attainment date. The EPA is soliciting public comments on this
proposed rulemaking. These comments will be considered before taking
final action.
IV. Statutory and Executive Order Reviews
This action proposes to determine an area has attained the NAAQS by
the relevant attainment date and does not impose additional or modify
existing requirements. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act;
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' The EPA did not
perform an EJ analysis and did not consider EJ in this action. Due to
the nature of the action being taken here, this action is expected to
have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, which
finds that a nonattainment area had attained the 2010 SO2
NAAQS by the applicable attainment date, and there is no information in
the record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples. In addition, this proposed rulemaking, the
determination of attainment by attainment date for the Anne Arundel-
Baltimore County SO2 nonattainment area, does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the State, and the EPA notes that it will not
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-19436 Filed 9-5-24; 8:45 am]
BILLING CODE 6560-50-P
