[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Rules and Regulations]
[Pages 26438-26441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10470]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0889; FRL-9666-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Approval of 2011 Consent Decree To Control Emissions From the 
GenOn Chalk Point Generating Station; Removal of 1978 and 1979 Consent 
Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve State 
Implementation Plan (SIP) revisions submitted by the Maryland 
Department of the Environment (MDE) pertaining to the GenOn Chalk Point 
Generating Station (Chalk Point). These revisions approve specific 
provisions of a 2011 Consent Decree between MDE and GenOn to reduce 
particulate matter (PM), sulfur oxides (SOX), and nitrogen 
oxides (NOX) from Chalk Point. These revisions also remove 
the 1978 and 1979 Consent Orders for the Chalk Point generating station 
from the Maryland SIP as those Consent Orders have been superseded by 
the 2011 Consent Decree. EPA is approving these SIP revisions because 
the reductions of PM, SOX, and NOX are beneficial 
for reducing ambient levels of the PM, sulfur dioxide (SO2), 
nitrogen dioxide (NO2) and ozone. They also reduce visible 
emissions from Chalk Point. This action is being taken under the Clean 
Air Act (CAA).

DATES: This rule is effective on July 3, 2012 without further notice, 
unless EPA receives adverse written comment by June 4, 2012. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0889 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected]
    C. Mail: EPA-R03-OAR-2011-0889, Marcia L. Spink, Associate Director 
for Policy and Science, Air Protection Division, Mailcode 3AP00, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0889. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103.

[[Page 26439]]

Copies of the State submittal are available at the Maryland Department 
of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, 
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, Associate Director 
for Policy and Science, Air Protection Division, Project officer, (215) 
814-2104 or by email at [email protected].

SUPPLEMENTARY INFORMATION: On October 12, 2011, MDE submitted revisions 
to its SIP for the GenOn Chalk Point generating station located at 
25100 Chalk Point Road in Aquasco, Maryland. These revisions approve a 
2011 Consent Decree between MDE and GenOn to control PM, SOX 
and NOX from Chalk Point. These revisions also remove the 
1978 and 1979 Consent Orders for Chalk Point from the Maryland SIP as 
those Consent Orders have been superseded by the 2011 Consent Decree. 
The purpose of the 2011 Consent Decree is to address stack test 
violations at Chalk Point Unit 4. As part of the settlement 
with MDE, GenOn has agreed to combust natural gas in Units 3 
and 4 for no less than 75% of the annual heat input of the 
units, and for at least 95% of the ozone season (May 1st--September 
30th) heat input instead of 6 fuel oil. Burning natural gas 
instead of 6 fuel oil results in a significant decrease in 
emissions of PM, SOX and NOX. These SIP revisions 
to reduce PM, SOX, and NOX emissions are 
beneficial for reducing ambient levels of the criteria pollutants PM, 
SO2, and NO2. As NOX is a precursor 
pollutant of ground level ozone, these reductions are also beneficial 
for reducing ambient levels of the criteria pollutant ozone. In 
addition, these revisions reduce visible emissions from Chalk Point.

I. Background

    The Chalk Point generating station consists of four steam electric 
generating units located in Aquasco, Maryland which is part of Prince 
George County. Units 1 and 2 are coal fired baseload 
units each rated at 355 megawatts. Units 3 and 4 are 
cycling units permitted to burn natural gas and oil, each rated at 640 
megawatts. Consent Orders signed in 1978 and 1979 with the Potomac 
Electric Power Company (Pepco, the former owner) allowed Chalk Point 
Units 1-3 to combust higher sulfur fuels than 
Maryland regulations allow and Unit 3 was also allowed to emit 
higher PM and visible emissions than Maryland regulations allow. In 
2006, MDE and Pepco signed a Consent Decree to address opacity (visible 
emissions) violations from Chalk Point Units 3 and 4. 
That 2006 Consent Decree required Units 3 and 4 to 
burn natural gas during the ozone season for 95% of the heat input. The 
2006 Consent Decree for Chalk Point also terminated the 1978 and 1979 
Consent Orders with Pepco, effective May 1, 2007. However, the Maryland 
SIP was not revised at that time to remove the 1978 and 1979 Consent 
Orders and replace them with the 2006 Consent Decree.

II. Summary of the SIP Revision

    In 2011, MDE and GenOn (new owner of Chalk Point) signed a Consent 
Decree, effective on March 10, 2011, for Chalk Point which amends, 
restates, and replaces the 2006 Consent Decree. On October 11, 2012, 
MDE submitted specific provisions of the 2011 Consent Decree to EPA for 
approval as a SIP revision. A copy of the provisions of the 2011 
Consent Decree for Chalk Point for which MDE is requesting approval as 
SIP revisions is included in the docket for this rulemaking. Hereafter 
in describing the SIP revision, EPA is referring to the provisions of 
the 2011 Consent Decree that are being made part of the SIP. The 
October 11, 2012 SIP revision submittal from MDE also includes a 
request to remove the 1978 and 1979 Consent Orders for Chalk Point from 
the Maryland SIP.
    Under the 2011 Consent Decree, Chalk Point Units 3 and 
4 must burn natural gas for no less than 75% of the annual 
heat input of the units. In addition, the 2011 Consent Decree 
reiterates the 2006 Consent Decree's requirement that Chalk Point Units 
3 and 4 use natural gas for at least 95% of the ozone 
season heat input. The 2011 Consent Decree also requires Chalk Point to 
perform a stack test for PM while burning residual fuel oil in 2011, 
and to perform stack testing for PM from Units 3 and 
4 any calendar year that either unit exceeds 570,000 MBTU from 
the burning of residual fuel oil. The 2011 Consent Decree submitted for 
approval as a revision to the Maryland SIP also includes provisions for 
determining compliance, operating control equipment, determining the 
sulfur content of fuel, as well as recordkeeping and reporting 
requirements consistent with Federal regulations and the CAA.
    GenOn's compliance with the 2006 Consent Decree, the requirements 
of which are reiterated in the 2011 Consent Decree, have resulted in 
significant annual emission reduction benefits because of the shift to 
natural gas during the ozone season. In 2005, Chalk Point Units 
3 and 4 emitted 3, 978 tons per year (TPY) of 
NOX, 744 TPY of PM, and 12,379 TPY of sulfur oxides 
(SOX). In 2008, as a result of compliance with the 2006 
Consent Decree, the requirements of which are reiterated in the 2011 
Consent Decree, Chalk Point Units 3 and 4 emitted 446 
TPY of NOX, 49 TPY of PM, and 244 TPY of sulfur oxides 
(SOX), thereby reducing annual emissions by 3,532 TPY, 695 
TPY, and 12,135 TPY, respectively. The additional provision of the 2011 
Consent Decree that requires Chalk Point Units 3 and 
4 to maximize the use of natural gas during the non-ozone 
season will result in even further reductions of NOX, PM, 
and SOX and further reductions in visible emissions.

III. Final Action

    EPA's review of the SIP revisions submitted by MDE on October 12, 
2011 indicates that they strengthen the SIP requirements applicable to 
Chalk Point; result in significant emission reductions of 
NOX, PM, SOX and visible emissions; and meet all 
applicable Federal regulations and the CAA. The SIP revisions to remove 
the 1978 and 1979 Consent Orders for Chalk Point are approvable as they 
have been superseded by the more stringent 2011 Consent Decree. 
Therefore, EPA is approving the SIP revisions submitted by MDE on 
October 12, 2011. EPA is publishing this rule without prior proposal 
because the Agency views this as a noncontroversial amendment and 
anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on July 3, 2012 
without further notice unless EPA receives adverse comment by June 4, 
2012. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

[[Page 26440]]

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 804, however, exempts from section 801 the 
following types of rules: rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 3, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking.
    This action to approve a 2011 Consent Decree between MDE and the 
GenOn to reduce particulate matter (PM), sulfur oxides 
(SOX), and nitrogen oxides (NOX) from Chalk Point 
may not be challenged later in proceedings to enforce its requirements. 
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: April 16, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (d) is amended by:
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a. Removing the entries for Potomac Electric Company (PEPCO)--Chalk 
Point Units 1 and 2 and Potomac Electric Company 
(PEPCO)--Chalk Point.
0
b. Adding an entry for the GenOn Chalk Point Generating Station as the 
last entry in the table.
    The amendments read as follows:


Sec.  52.1070  Identification of plan.

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    (d) EPA approved state source-specific requirements.

[[Page 26441]]



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                                                     State effective
         Name of source            Permit No./type         date        EPA approval date  Additional explanation
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                                                  * * * * * * *
GenOn Chalk Point Generating     The 2011 Consent           3/10/11   5/4/12 [Insert      Docket No. 52.1070(d).
 Station.                         Decree for Chalk                     page number where   The SIP approval
                                  Point.                               the document        includes specific
                                                                       begins].            provisions of the
                                                                                           2011 Consent Decree
                                                                                           for which the State
                                                                                           of Maryland requested
                                                                                           approval on October
                                                                                           12, 2011.
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[FR Doc. 2012-10470 Filed 5-3-12; 8:45 am]
BILLING CODE 6560-50-P