[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31887-31889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11844]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0054; FRL-9946-67-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Emissions From Various Processes and Fuel-Burning 
Equipment From Kraft Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
conditionally approve a revision to the Maryland state implementation 
plan (SIP) submitted by the Maryland Department of the Environment 
(MDE) on October 15, 2014. The SIP revision adds and amends regulations 
in the SIP which control emissions from various processes and fuel-
burning equipment at Kraft pulp mills. The SIP revision includes the 
following: (1) A new definition for ``NOX Ozone Season 
Allowance;'' (2) a new regulation with nitrogen oxides (NOX) 
limits for fuel-burning equipment located at Kraft pulp mills; (3) a 
removal and relocation of existing NOX reasonably available 
control technology (RACT) requirements for Kraft pulp mills into 
another Maryland regulation; and (4) a revised regulation which 
clarifies the volatile organic compound (VOC) control system and 
emission requirements for several process installations at Kraft pulp 
mills. EPA proposes a conditional approval because the new Maryland 
definition references the defunct Clean Air Interstate Rule (CAIR) and 
because MDE provided a commitment to remove all references to CAIR 
within the definition of ``NOX Ozone Season Allowance'' and 
submit a revised definition as a new SIP revision, no later than a year 
from EPA finalizing this conditional approval. Upon timely meeting of 
this commitment, EPA will propose to convert the conditional approval 
of the SIP revision to a final approval. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments on EPA's proposed conditional approval must be 
received on or before June 20, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0054 at http://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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On October 15, 2014, EPA received a revision 
to the State of Maryland's SIP submitted by MDE. The SIP revision 
includes Maryland regulations which control emissions from various 
processes and fuel-burning equipment at Kraft pulp mills and which 
clarify the VOC control system and requirements for several process 
installations at Kraft pulp mills.

I. Background

    In the October 15, 2014 SIP revision, MDE's submittal included a 
definition for ``NOX Ozone Season Allowance'' which 
references a defunct CAA program, CAIR. EPA discussed with MDE the need 
to remove all references to CAIR within the definition of 
``NOX Ozone Season Allowance,'' for EPA to approve the 
October 15, 2014 SIP revision.
    In May 2005, EPA promulgated CAIR which required certain states to 
reduce emissions of sulfur dioxide (SO2) and NOX 
that significantly contribute to downwind nonattainment of the 1997 
national ambient air quality standard (NAAQS) for fine particulate 
matter (PM2.5) and ozone. 70 FR 25162 (May 12, 2005). After 
litigation in the United States Court of Appeals for the D.C. Circuit 
(D.C. Circuit) which remanded CAIR to EPA, EPA promulgated the Cross 
State Air Pollution Rule (CSAPR) to replace CAIR and to help states 
reduce air pollution and attain CAA standards. 76 FR 48208 (August 8, 
2011).\1\ In subsequent, additional litigation, CSAPR was initially 
vacated by the D.C. Circuit but upheld by the U.S. Supreme Court. EPA 
v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA began 
implementing CSAPR in January 2015 as CAIR's replacement. See 79 FR 
71663 (December 3, 2014) (interim final rulemaking issued after DC 
Circuit lifted stay on CSAPR).\2\
---------------------------------------------------------------------------

    \1\ CSAPR requires substantial reductions of SO2 and 
NOx emissions in 28 states in the eastern United States that 
significantly contribute to downwind nonattainment of the 1997 
PM2.5 and ozone NAAQS and 2006 PM2.5 NAAQS.
    \2\ Thus, after December 31, 2014, CAIR was replaced by CSAPR 
and was a defunct, moot CAA program no longer implemented by EPA.
---------------------------------------------------------------------------

    On September 29, 2015, EPA received a supplemental letter from MDE 
committing to remove all references to CAIR within the definition of 
``NOX Ozone Season Allowance,'' as a SIP revision, no later 
than a year from EPA finalizing our conditional approval of the SIP 
submittal. Upon final approval of the revised definition of 
``NOX Ozone Season Allowance'' as a SIP revision, EPA will 
convert the conditional approval of the October 15, 2014 SIP submission 
with the regulations and requirements for Kraft pulp mills to a full 
approval.

II. Summary of SIP Revision

    MDE's SIP revision includes amended and new regulations in order to 
control emissions from various processes and fuel-burning equipment at 
Kraft pulp mills. The SIP revision submittal includes an amendment to 
the Code of Maryland Regulations (COMAR) 26.11.01.01--``General 
Administrative Provisions'' in order to add a definition for 
``NOX Ozone Season Allowance.'' This definition was added to 
the COMAR by Maryland because the NOX emission limitations 
for the Kraft pulp mills rely on use of NOX allowances. 
Because the definition in COMAR 26.11.01.01 makes references to CAIR 
which sunset on December 31, 2014 as

[[Page 31888]]

EPA is now implementing CSAPR, EPA cannot fully approve the definition 
for ``NOX Ozone Season Allowance.'' MDE has committed to 
remove references to CAIR and submit a revised definition in a separate 
SIP submittal. The October 15, 2014 SIP revision also seeks to add to 
the SIP COMAR 26.11.14.07--``Control of NOX Emissions from 
Fuel Burning Equipment'' in order to: (1) Establish the applicability 
and NOX emission standards to any fuel burning equipment 
with a maximum design heat input capacity of greater than 250 million 
British thermal unit (Btu) per hour located at any Kraft pulp mill; (2) 
establish NOX emission limits for Kraft pulp mills including 
an emission rate of 0.70 pounds of NOX per million Btu, an 
emission limit of 947 tons of NOX during the period May 1 
through September 30 of each year, and an emission rate of 0.99 pounds 
of NOX per million Btu during the period of October 1 
through April 30 of each year; (3) establish the requirements for 
demonstrating compliance with the NOX limits; (4) permit 
pulp mills to secure up to 95 allowances for each period in which a 
mill exceeds the 947 ton emission cap from May through September 30 of 
each year; (5) specify the process of achieving compliance through the 
use of allowances; and (6) establish monitoring and reporting 
requirements. The NOX emission limitations of 0.70 pounds of 
NOX per million Btu from May 1 through September 30 of each 
year and 0.99 pounds of NOX per million Btu during the 
period of October 1 through April 30 of each year were previously 
included in COMAR 26.11.09.08 and are already included in the Maryland 
SIP. See 69 FR 56170 (September 20, 2004). Thus, these provisions are 
not new to the SIP, but merely relocated. Pursuant to the 
NOX SIP Call at COMAR 26.11.29 and .30, the sole Kraft pulp 
mill in Maryland was allocated 947 allowances for NOX 
emissions. COMAR 26.11.29 and .30 are in the existing Maryland SIP. 
With this SIP revision, Maryland seeks to include the 947 ton 
NOX cap in the Maryland SIP at COMAR 26.11.14.07. Thus, the 
October 15, 2014 SIP revision simply relocates the 947 ton 
NOX cap within the Maryland SIP.
    The SIP revision also includes an amended COMAR 26.11.09.08--
``Control of NOX Emissions for Major Stationary Sources'' in 
order to remove from this provision subsection (C)(h) which has 
NOX requirements for the fuel burning equipment at non-
electric generating facilities. Maryland requests removal of this 
subsection (C)(h) of COMAR 26.11.09.08 from the Maryland SIP because 
the NOX requirements for pulp mills to meet a NOX 
emissions rate of 0.70 pounds per million Btu during the period May 1 
to September 30 of each year and 0.99 during the period October 1 
through April 30 of each year have been relocated to COMAR 26.11.14.07.
    Finally, the SIP revision also includes a revised COMAR 
26.11.14.06--``Control of Volatile Organic Compounds'' in order to: (1) 
Clarify that air emissions from brown stock washers are to be collected 
and combusted; (2) clarify that evaporators, digester blow tank 
systems, and brown stock wasters shall be controlled by removing 90 
percent (90%) or more of the condensate VOC loading by demonstrating a 
VOC removal or destruction efficiency of the condensate stream stripper 
of 90% or greater or a system analysis of these units; and (3) specify 
approvable testing methods to demonstrate the collective VOC removal 
efficiency of the condensate steam stripper and other control systems 
as required. This provision will reduce VOC emissions from Kraft pulp 
mills and will strengthen the Maryland SIP.
    A full explanation of the SIP revision and EPA's analysis of the 
revision are contained in the technical support document (TSD) prepared 
in support of this proposed rulemaking. A copy of this TSD is located 
in the docket of this proposed rulemaking and is available online at 
www.regulations.gov.

III. Proposed Action

    EPA is proposing to conditionally approve the Maryland October 15, 
2014 SIP revision concerning the regulations and requirements to 
control NOX and VOC emissions from various processes and 
fuel-burning equipment at Kraft pulp mills as it strengthens the SIP 
with provisions related to controlling emissions of NOX and 
VOC. Pursuant to section 110(k)(4) of the CAA, EPA's proposal is to 
conditionally approve the October 15, 2014 SIP revision because 
Maryland committed in a letter dated September 29, 2015 to submit to 
EPA a SIP revision removing all references to CAIR, a defunct CAA 
program, within the definition of ``NOX Ozone Season 
Allowance'' in COMAR 26.11.01.01, no later than a year from EPA 
finalizing our conditional approval.
    When EPA approves the revised definition of ``NOX Ozone 
Season Allowance'' in COMAR 26.11.01.01, EPA will remove the 
conditional nature of its approval, and the October 15, 2014 SIP 
revision will, at that time, receive a full approval status. Should MDE 
fail to meet the condition specified in this rulemaking action, the 
final conditional approval of the SIP revision will convert to a 
disapproval. EPA is soliciting public comments on the issues discussed 
in this document. These comments will be considered before taking final 
action.

IV. Incorporation by Reference

    In this proposed rulemaking action, EPA is proposing to include in 
a final EPA rule, regulatory text that includes incorporation by 
reference. In accordance with requirements of 1 CFR 51.5, EPA is 
proposing to incorporate by reference revisions to COMAR 26.11.01.01, 
COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 26.11.14.06 as 
previously discussed. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

    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 proposed 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

[[Page 31889]]

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 proposed rule, pertaining to the regulations and 
requirements for the control of emissions from various processes and 
fuel-burning equipment from Kraft pulp mills, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: May 3, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-11844 Filed 5-19-16; 8:45 am]
 BILLING CODE 6560-50-P