[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Proposed Rules]
[Pages 62668-62671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26905]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD106-3058; FRL-6888-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology for Oxides of 
Nitrogen

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. This revision requires 
major sources of nitrogen oxides (NOX) in the State of 
Maryland to implement reasonably available control technology (RACT). 
This action is being taken in accordance with the Clean Air Act.

DATES: Written comments must be received on or before November 9, 2000.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103 and the Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore, 
Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 814-2177 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), Maryland is required to implement RACT for all major 
NOX sources by no later than May 31, 1995. The definition of 
a major source is determined by its size, location, the classification 
of that area and whether it is located in the ozone transport region 
(OTR), which is established by the CAA. The entire State of Maryland is 
included in the OTR. The Baltimore nonattainment area and Cecil County 
are classified as severe nonattainment areas. Calvert, Charles, 
Frederick, Montgomery and Prince George's Counties are classified as 
serious ozone nonattainment areas. The remaining counties in Maryland 
are classified as marginal or in attainment. However, under section 184 
of the CAA, at a minimum, moderate area requirements for stationary 
sources, including RACT as specified in sections 182(b)(2) and 182(f), 
apply throughout the OTR. Therefore, RACT is applicable statewide in 
Maryland. Section 182 of the Act defines a major NOX source 
as one that emits or has the potential to emit 25 or more tons of 
NOX per year (TPY) in any ozone nonattainment area 
classified as severe, or 50 or more TPY located in any ozone 
nonattainment area classified as serious. For any area in the OTR 
classified as attainment or marginal nonattainment, sections 182 and 
184 of the Act define a major stationary source of NOX as 
one that emits or has the potential to emit 100 or more TPY.
    On July 11, 1995, the Maryland Department of the Environment (MDE) 
submitted a revision to its State Implementation Plan (SIP) for the 
control of NOX emissions from major sources. This submittal 
included revisions to regulation COMAR 26.11.09.01 and 26.11.09.08 
which pertained to definitions and a ``generic'' NOX RACT 
rule. This generic rule required affected sources to either meet a 
presumptive NOX emissions standard or to submit a ``case-by-
case'' RACT proposal for approval by MDE. Each case-by-case RACT 
determination was required to be the subject of a public hearing and to 
be submitted to the EPA as a SIP revision. On June 22, 1999 EPA granted 
conditional limited approval of this SIP revision (64 FR 33197). On 
September 8, 2000, Maryland submitted

[[Page 62669]]

a SIP revision which repealed the ``generic'' RACT rule found at COMAR 
26.11.09.08 and instead adopted source category specific RACT emission 
limitations at COMAR 26.11.09.08. The submittal of the September 8, 
2000, SIP revision fulfills the conditions of the conditional limited 
approval.
    The September 8, 2000, SIP revision is the subject of this action. 
The September 8, 2000, submittal included the new regulation, COMAR 
26.11.09.08, which requires major NOX sources in the entire 
State of Maryland to comply with RACT requirements by May 31, 1995, and 
the addition of the definition for the term ``high heat release unit'' 
to COMAR 26.11.09.01.

II. Summary of Maryland's SIP Revision

COMAR 26.11.09.01--Definitions

    COMAR 26.11.09.01, ``Definitions,'' has been revised to add the 
term ``high heat release unit'' which is used in Chapter 09, ``Control 
of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and 
Certain Fuel-Burning Installations.''

COMAR 26.11.09.08--Control of NOX Emissions From Major 
Stationary Sources

COMAR 26.11.09.08.A--Applicability
    Section A establishes the applicability of this regulation to 
owners or operators of an installation that is located at a premises 
that has a total potential to emit: 25 or more TPY in Baltimore City, 
Anne Arundel, Baltimore, Carroll, Harford, Howard Counties (the 
Baltimore severe nonattainment area) and Cecil County (part of the 
Philadelphia-Wilmington-Trenton severe nonattainment area), 50 or more 
TPY in Calvert, Charles, Frederick, Montgomery, and Prince George's 
Counties (the Maryland portion of the Washington, DC serious 
nonattainment area), or 100 or more TPY in Allegany, Caroline, 
Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, 
Washington, Wicomico, or Worcester Counties.
COMAR 26.11.09.08.B--General Requirements and Conditions
    Section B sets general RACT emission standards for any major 
stationary source that causes NOX emissions and is subject 
to this regulation. These general emission standards are found in Table 
1. Sections C through J of COMAR 26.11.09.08 set source category 
specific RACT limitations.

    Table 1.--Emission Standards in Pounds of NOX per Million British
              Thermal Units (MMBtu) per Hour of Heat Input
------------------------------------------------------------------------
                                                  Tangential-    Wall-
                      Fuel                           fired       fired
------------------------------------------------------------------------
Gas Only........................................        0.20        0.20
Gas/Oil.........................................        0.25        0.25
Coal (dry bottom)...............................        0.38        0.38
Coal (wet bottom)...............................        1.00        1.00
------------------------------------------------------------------------

    The regulation requires demonstration of compliance by either 
continuous emission monitoring (CEMs) or stack tests. Compliance via 
CEM shall be determined on a 30-day rolling average. Stack test 
compliance shall be determined as averages of the stack test duration.
    EPA is proposing to approve the above emission limits as RACT for 
those major stationary sources not subject to emission standards under 
any other section of this regulation. EPA policy for NOX 
RACT for four categories of utility boilers (wall- and tangential-
fired--gas/oil, coal dry bottom), was set in the ``NOX 
Supplement to the General Preamble for Implementation of Title I'' 
(``NOX Supplement'') (57 FR 55620, November 25, 1992). 
Emission limits for other source categories are considered 
NOX RACT if comparable to RACT for these certain utility 
boilers. Comparability is based upon emission reduction, cost and cost-
effectiveness. EPA has determined that the limits set in Maryland's 
regulation, for these same four categories of utility boilers as in the 
NOX Supplement, meet the requirement for RACT. A source may 
propose an alternative standard if the source meets specific 
requirements which include: (1) The uncontrolled NOX 
emissions for the installation established with a CEM or stack tests 
obtained during steady state operation, (2) stack tests or other data 
from an existing similar installation demonstrating that the applicable 
standard cannot be met, (3) identification of all proposed combustion, 
fuel or process modifications to meet the alternative standard and (4) 
equipment vendor costs from other facilities and other information that 
demonstrates that complying with the emission standards in the 
regulation is unreasonable as compared to the cost of meeting an 
alternative standard. The alternative standard must be approved by both 
the MDE and EPA.
    The regulation allows for emissions averaging for a person who owns 
or operates more than one installation. The emissions averaging 
provision provides for compliance by meeting an overall source or 
system-wide NOX emission reduction that is equivalent to or 
greater than the NOX emission reduction that would be 
achieved if each individual installation complied with the applicable 
requirements. The sources must have CEMs to be included in the emission 
averaging and must be able to demonstrate that on each day of operation 
the total plant or system-wide NOX emissions are equal to or 
less than the NOX emissions that would be emitted if each 
installation was meeting the applicable emission standard. The 
emissions averaging must be approved by both MDE and EPA before it is 
considered an acceptable compliance method.
    EPA is proposing to approve both the alternative standards and 
emissions averaging provisions of this regulation.
    EPA is proposing to approve the requirements in sections 
26.11.09.08.C-J as RACT for those categories of sources.
COMAR 26.11.09.08.C--Requirements for Fuel-Burning Equipment With a 
Rated Heat Input Capacity of 250 MMBtu per Hour or Greater
    Section C establishes that the owner or operator of fuel-burning 
equipment with a rated heat input capacity of 250 MMBtu per hour or 
greater equip each installation with combustion modifications or other 
technologies to meet the following NOX emission rates (in 
pounds of NOX per MMBtu per hour): 0.45 for tangentially 
coal fired units located at an electric generating facility (excluding 
high heat release units); 0.50 for wall coal fired units located at an 
electric generating facility (excluding high heat release units); 0.30 
for oil fired or gas/oil fired units located at an electric generating 
facility; 0.70 for coal fired cyclone fuel burning equipment located at 
an electric generating facility from May 1 through September 30 and 1.5 
during the period October 1 through April 30; 0.70 for a tangentially 
coal fired high heat release unit located at an electric generating 
facility; 0.80 for a wall coal fired high heat release unit located at 
an electric generating facility; 0.60 for coal fired cell burners at an 
electric generating facility; and 0.70 for fuel burning equipment 
stacks at an electric generating facility during the period of May 1 
through September 30 of each year and 0.99 during the period of October 
1 through April 30 of each year. Compliance must be demonstrated by 
operation and maintenance of a certified NOX CEM or an 
alternative monitoring method approved by both MDE and EPA.

[[Page 62670]]

COMAR 26.11.09.08.D--Requirements for Fuel-Burning Equipment With a 
Rated Heat Input Capacity of Less Than 250 MMBtu per Hour and Greater 
Than 100 MMBtu per Hour
    Section D establishes that the owner or operator of coal burning 
equipment with a rated heat input capacity of less than 250 MMBtu per 
hour and greater than 100 MMBtu per hour shall install and operate, in 
accordance with manufacturer's specifications, combustion modifications 
or other technologies to meet an emission rate of 0.50 pounds of 
NOX per MMBtu per hour. All other fuel burning equipment 
with a rated heat input capacity of less than 250 MMBtu per hour and 
greater than 100 MMBtu per hour shall meet the NOX emission 
rate found in COMAR 26.11.09.08B.
COMAR 26.11.09.08.E--Requirements for Fuel Burning Equipment With a 
Rated Heat Input Capacity of 100 MMBtu/hr or Less
    Section E establishes that the owner or operator of fuel burning 
equipment with rated heat input capacity less than 100 MMBtu per hour 
must have submitted to MDE a list of each affected installation, the 
rated heat capacity of each installation, and the fuel used. The owner 
or operator must complete a combustion analysis at least once each 
calendar year and operate the equipment at the optimum combustion level 
based on this analysis. Analysis and test results must be maintained 
for at least 2 years and be available to MDE and EPA upon request. 
Operators are also required to attend operator training on combustion 
optimization sponsored by MDE, EPA or equipment vendors at least once 
every 3 years, and records of training program attendance must be 
maintained and available for review. Based on data from the Gas 
Research Institute, the NOX Implementation Workgroup, and 
the Council of Industrial Boiler Owners, MDE concluded that this 
section is acceptable as RACT for fuel burning equipment with a heat 
capacity of 100 MMBtu/hr or less.
COMAR 26.11.09.08.F--Requirements for Space Heaters
    Section F establishes that an owner or operator of a space heater 
must submit to MDE a list of the affected installations at each 
premises and the types of fuel used. The owner or operator also must 
develop an operating and maintenance plan to minimize NOX 
emissions, based on equipment vendors recommendations and subject to 
review by MDE. Operators are required to attend in-state training 
programs on NOX reductions at least once every three years, 
and the owner must maintain a record of training attendance for each 
operator. These records should be made available to MDE upon request. 
EPA interprets ``an operation and maintenance plan to minimize 
NOX emissions based on recommendations from equipment 
vendors,'' as stated in section F(b), to mean only technically 
supportable operation and maintenance requirements that result in the 
equipment being operated, maintained and repaired in a manner that 
achieves the minimization of NOX emissions.
COMAR 26.11.09.08.G--Requirements for Fuel-Burning Equipment With a 
Capacity Factor of 15 Percent or Less, and Combustion Turbines With a 
Capacity Factor Greater Than 15 Percent
    Sources must certify that they meet the capacity factors of this 
section. Section G requires the performance of an annual combustion 
analysis and operation of the equipment at the optimum combustion level 
based on this analysis for fuel-burning equipment operating over 500 
hours during a calendar year. The capacity factor must be certified. 
Operators are also required to attend operator training on combustion 
optimization sponsored by MDE, EPA or equipment vendors at least once 
every 3 years, and records of training program attendance must be 
maintained and available for review. The results of the combustion 
analysis and optimization must be maintained for at least 2 years and 
made available for review. Combustion turbines with a capacity factor 
of greater than 15 percent must meet an hourly average NOX 
emission rate of not more than 42 ppm when burning gas or 65 ppm when 
burning fuel oil or meet applicable Prevention of Significant 
Deterioration (PSD) limits, whichever is more restrictive.
COMAR 26.11.09.08.H--Requirements for Cement Manufacturing Facilities, 
Municipal Waste Combustors, and Hospital, Medical, and Infectious Waste 
Incinerators
    Section H establishes that the owner or operator of a cement 
manufacturing facility or a municipal waste combustor shall install and 
maintain a NOX CEM. Cement manufacturing kilns may not 
exceed a total hourly NOX emission rate, as determined on a 
30 day rolling average of the daily average, of 1,000 pounds for a 
facility with a total kiln capacity of 600,000 tons per year or less 
and 1,800 pounds for a facility with a total kiln capacity greater than 
600,000 tons per year. NOX emissions from municipal waste 
combustors may not exceed the NOX emissions standards in 
COMAR 26.11.08.08 or applicable PSD limits, whichever is more 
restrictive.
COMAR 26.11.09.08.I--Requirements for Glass Melting Furnaces and 
Internal Combustion Engines at Natural Gas Pipeline Stations
    Section I establishes that the owner or operator of a glass melting 
furnace shall optimize combustion by performing daily oxygen tests and 
maintaining excess oxygen at 4.5 percent or less. Internal combustion 
engines at a natural gas pipeline station with a capacity factor of 
over 15 percent shall perform either parametric optimization or engine 
rebuild to meet the following emission standards: facilities with five 
or less engines shall meet a combined maximum hourly emission rate of 
300 pounds per hour and facilities with more than five engine shall 
meet a combined maximum hourly emission rate of 566 pounds per hour. 
The regulation requires that records be kept to document the results of 
the daily oxygen tests and the performance of the parametric 
optimization for at least 2 years.
COMAR 26.11.09.08.J--Requirements for Industrial Furnaces and Other 
Miscellaneous Installations That Cause Emissions of NOX
    Section J establishes that the owner or operator of any 
installation, other than fuel burning equipment, that emits 
NOX emissions shall: Maintain good operating practices as 
recommended by the equipment vendor to minimize NOX 
emissions; prepare and implement a written in-house training program 
for all operators of these installations that includes good operating 
and maintenance practices; maintain a copy of the written training 
program for review, maintain attendance records for each operator for 
at least 2 years; and burn only gas in each installation, where gas is 
available, during the period of May 1 through September 30.
COMAR 26.11.09.08.K--Reporting Requirements
    Sources are required to submit CEM data and stack test results to 
the MDE within acceptable time limits. Compliance with RACT 
requirements should be based on CEM data certified in accordance with 
40 CFR part 60, appendix B or part 75, appendix A. If the installation 
is stack tested, Method 7 found in COMAR 26.11.01.04C(1) must be used, 
and the results must be submitted to MDE within 45 days after test 
completion. The regulation also requires that annual fuel use records 
be

[[Page 62671]]

maintained for 3 years and made available for review by the State. The 
reporting requirements are approvable.

III. Proposed Action

    EPA is proposing full approval of Maryland's NOX RACT 
regulation found at COMAR 26.11.09.01 and 26.11.09.08 which was 
submitted as a SIP revision by the Maryland Department of the 
Environment on September 8, 2000.
    Interested parties may participate in the Federal rulemaking 
procedure by submitting written comments to the EPA Regional office 
listed in the ADDRESSES section of this document. Written comments must 
be received on or before November 9, 2000. EPA calls your attention to 
the November 9, 2000 deadline date for submittal of comments on this 
proposed action to grant full approval of this SIP revision submitted 
by the State of Maryland. The EPA is providing a shortened time period 
for comment for two reasons. As an initial matter, this revision is 
non-controversial and EPA does not expect comment. Maryland's 
NOX RACT requirements are consistent with the RACT 
requirements adopted by other states and do provide provisions for 
sources to apply for an alternative RACT determination. Moreover, this 
SIP revision is necessary for full approval of the attainment 
demonstration SIP for the Metropolitan Washington, D.C. ozone 
nonattainment area. The EPA is currently under an obligation to 
complete rulemaking by November 15, 2000 fully approving the attainment 
demonstration for the Metropolitan Washington, D.C. ozone nonattainment 
area or, in the alternative, proposing a federal implementation plan.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. This action merely proposes to approve state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). For the same reason, this proposed rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This proposed rule will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely proposes to approve a 
state rule implementing a federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule, which proposes approval of Maryland's NOX RACT 
regulation, does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Reporting and recordkeeping requirements.

    Dated: October 13, 2000.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 00-26905 Filed 10-18-00; 8:45 am]
BILLING CODE 6560-50-P