[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95078-95079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31025]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0562; FRL-9957-25-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 2016 Nitrogen Oxides Averaging Plan Consent Agreement With 
Raven Power

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Maryland state implementation plan (SIP). 
Maryland has submitted for inclusion in the SIP a Consent Agreement 
between Maryland and Raven Power concerning an inter-facility averaging 
plan for emissions of nitrogen oxides (NOX) at facilities 
located in Maryland and owned by Raven Power. The Consent Agreement 
allows Raven Power to use system-wide emissions averaging to comply 
with the applicable NOX emission limits for six units 
located at two electric generating facilities, Brandon Shores and H.A. 
Wagner, owned by Raven Power. EPA is proposing to approve this revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES:  Written comments must be received on or before January 26, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0562 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, 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: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Maryland's COMAR 26.11.09.08--Control of NOX Emissions 
for Major Stationary Sources--was approved into Maryland's SIP pursuant 
to section 182 of the CAA. This regulation established NOX 
emission limits for the 1-hour ozone national ambient air quality 
standard (NAAQS) for specific types of boilers and other fuel-burning 
equipment. Specifically, COMAR 26.11.09.08.C(2) established maximum 
NOX emission rates as pounds (lbs) of NOX per 
million British thermal units (MMBtu) per hour, ranging from 0.45 lbs/
MMBtu to 0.80 lbs/MMBtu, depending on the type of combustion unit. 
COMAR 26.11.09.08 also contains a provision that allows an owner or 
operator of more than one unit to demonstrate compliance with system-
wide emissions standards through the use of an averaging plan.

II. Summary of SIP Revision

    On July 28, 2016, the State of Maryland through the Maryland 
Department of the Environment (MDE) submitted to EPA a SIP revision 
submittal consisting of a Consent Agreement between MDE and Raven Power 
establishing an inter-facility averaging plan for NOX 
emissions at two electric generating facilities, Brandon Shores and 
H.A. Wagner, collectively called Fort Smallwood. Both facilities are 
owned by Raven Power. MDE requests that this new Consent Agreement and 
NOX averaging plan replace the Consent Order and 
NOX averaging plan previously approved into the Maryland SIP 
on February 27, 2002 (67 FR 8897).
    The Consent Agreement between MDE and Raven Power allows Raven 
Power to use system-wide emissions averaging to comply with the 
applicable NOX limits for six boiler units (Brandon Shores 
units 1 and 2 and H.A. Wagner units 1 through 4) subject to COMAR 
26.11.09.08. Pursuant to the new Consent Agreement, Raven Power is 
required to calculate mass emissions from the affected units on a daily 
basis, determine compliance with the averaging plan using continuous 
emissions monitors (CEMs), and to submit quarterly reports to both MDE 
and EPA. In the Consent Agreement, Raven Power agreed that if it fails 
to comply with the NOX averaging plan, all sources at 
Brandon Shores and Wagner remain subject to the unit-specific emission 
limits of COMAR 26.11.09.08.C (shown in Table 1) and must demonstrate 
compliance through the requirements found in COMAR 26.11.09.08.B(2). 
The aggregate mass emissions from all units at Brandon Shores and 
Wagner, under the NOX averaging plan, must be less than the 
mass emissions that would otherwise occur if each unit were subject to 
the applicable NOX emissions limit of COMAR 26.11.09.08.C.

             Table 1--NOX Emission Limits for Fort Smallwood
                      [as per COMAR 26.11.09.08.C]
------------------------------------------------------------------------
                                                           Limit  (lbs/
                    Facility                       Unit       MMBtu)
------------------------------------------------------------------------
Brandon Shores.................................        1             0.5
                                                       2             0.5
H.A. Wagner....................................        1             0.3
                                                       2             0.5
                                                       3             0.5
                                                       4             0.3
------------------------------------------------------------------------


[[Page 95079]]

    Additionally, according to the Consent Agreement, Raven Power must 
submit a written report and certify annually that the annual 
NOX mass emissions for all six affected units are at least 
twenty percent less than otherwise allowed from the affected units by 
the applicable NOX emission limits of COMAR 26.11.09.08. A 
more detailed description of the NOX averaging plan can be 
found in the technical support document (TSD) on www.regulations.gov 
under Docket ID No. EPA-R03-OAR-2016-0562. In addition, in the July 28, 
2016 SIP submittal, Maryland seeks to remove from the Maryland SIP the 
April 2001 Consent Order between Maryland and Constellation Power 
Source Generation (Constellation) which functioned as a NOX 
averaging plan for compliance with COMAR 26.11.09.08 for ten units at 
five facilities--Brandon Shores units 1 and 2; C.P. Crane units 1 and 
2; H.A. Wagner units 1 through 4; Gould Street unit 3; and Riverside 
unit 4. EPA had approved the April 2001 Consent Order between Maryland 
and Constellation into the Maryland SIP on February 27, 2002 (67 FR 
8897). The 2001 NOX averaging plan is no longer effective 
for compliance with COMAR 26.11.09.08 as Constellation is not the owner 
of all of these units and COMAR 26.11.09.08 permitted system-wide 
averaging only when the same person owned or operated all affected 
units. COMAR 26.11.09.08.B(4)(a).

III. Proposed Action

    EPA has evaluated Maryland's SIP revision submittal and believes 
Raven Power's NOX emissions averaging plan meets all the 
applicable requirements of the SIP-approved COMAR 26.11.09.08, 
particularly subsection .08B(4) for emissions averaging. The Consent 
Agreement also includes appropriate provisions for monitoring, 
recordkeeping, and reporting as well as assuring compliance and 
enforceability. As discussed in the TSD in more detail, EPA expects the 
Consent Agreement will strengthen the Maryland SIP and lead to 
additional NOX emission reductions. Thus, the SIP is 
approvable under CAA section 110.
    In addition, EPA finds that this SIP revision submittal meets the 
requirements of CAA section 110(l) as it will not interfere with 
attainment and maintenance of any NAAQS, reasonable further progress, 
or any other applicable CAA requirement, because the NOX 
averaging plan requires that annual system-wide NOX mass 
emissions from Brandon Shores and Wagner be at least twenty percent 
less than otherwise allowed from these affected units by the applicable 
NOX emission limits of COMAR 26.11.09.08 and because the 
prior NOX emissions averaging plan that included Brandon 
Shores, Wagner, and other unrelated units is no longer effective, since 
the owners have changed. The previously approved April 2001 
Constellation NOX averaging plan required that annual 
system-wide NOX mass emissions be at least five percent less 
than otherwise allowed by the applicable NOX emission limits 
of COMAR 26.11.09.08. The system-wide averaging from the new 
NOX averaging plan which requires at least a twenty percent 
reduction compared to rates applicable to individual emitting units 
should provide additional NOX emission reductions. EPA 
believes the emission reductions from this NOX averaging 
plan will be beneficial to both Maryland and the ozone transport region 
(OTR). Therefore, EPA is proposing to approve this SIP revision in 
accordance with requirements in CAA section 110. EPA is soliciting 
public comments on the issues discussed in this document and these 
comments will be considered before taking final action.

IV. Incorporation by Reference

    In this proposed rule, 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 Maryland's Consent Agreement with Raven Power 
concerning a NOX averaging plan discussed in section II of 
this document as well as in the TSD supporting this rulemaking action. 
EPA has made, and will continue to make, these materials generally 
available through http://www.regulations.gov and/or at the EPA Region 
III Office (please contact the person identified in the For Further 
Information Contact 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 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 concerning Maryland's 
NOX averaging plan Consent Agreement with Raven Power 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.

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

    Dated: December 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-31025 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P