[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21309-21312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09176]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0562; FRL-9961-17-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision submitted by the State of Maryland. 
The revision pertains to 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 approving this revision in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0562. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (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 through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER

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INFORMATION CONTACT section for additional availability information.

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.
    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 requested 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). On December 27, 2016 (81 FR 95078), 
EPA published a notice of proposed rulemaking (NPR) proposing to 
approve Maryland's SIP revision. No public comments were received on 
the NPR.

II. Summary of SIP Revision

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

    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.
    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). 
A more detailed description of the NOX averaging plan and 
the rationale for EPA's proposed action approving the plan for 
inclusion in the Maryland SIP can be found in the NPR and technical 
support document (TSD) on www.regulations.gov under Docket ID No. EPA-
R03-OAR-2016-0562, and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA finds that 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 
by emissions sources. 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, 
EPA is approving for inclusion into the Maryland SIP Maryland's Consent 
Agreement with Raven Power concerning a NOX emissions 
averaging plan pursuant to section 110 of the CAA.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of 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. Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ 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).
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    \1\ 62 FR 27968 (May 22, 1997).

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V. 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 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 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 7, 2017. 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. This action concerning Maryland's Consent Agreement with Raven 
Power establishing a NOX averaging plan 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, Reporting and recordkeeping 
requirements.

    Dated: March 21, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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:
0
a. Removing the entry for ``Constellation Power Source Generation, 
Inc.--Brandon Shores Units #1 & 2; Gould Street Unit #3; H. A. Wagner 
Units #1, 2, 3 & 4; C. P. Crane Units #1 & 3; and Riverside Unit #4''; 
and
0
b. Adding the entry for ``Raven Power Fort Smallwood, LLC--Brandon 
Shores units 1 and 2; and H. A. Wagner units 1, 2, 3, and 4'' at the 
end of the table.
    The added text reads as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (d) * * *

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                                                            State                                Additional
         Name of source             Permit No./type    effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Raven Power Fort Smallwood, LLC-- Consent Agreement           2/28/16  5/8/17, [Insert
 Brandon Shores units 1 and 2;     and NOX Averaging                    Federal Register
 and H. A. Wagner units 1, 2, 3,   Plan.                                citation].
 and 4.
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[FR Doc. 2017-09176 Filed 5-5-17; 8:45 am]
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