[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24546-24549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10912]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0238; FRL-9962-73-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric 
Generating Units

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 consists of a Maryland regulation that regulates nitrogen 
oxides (NOX) emissions from coal-fired electric generating 
units (EGUs) in the State. EPA is approving this revision in accordance 
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on June 29, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID

[[Page 24547]]

Number EPA-R03-OAR-2016-0238. All documents in the docket are listed on 
the https://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 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 11, 2017 (82 FR 3233), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of a Maryland regulation to control emissions of 
NOX from coal fired EGUs. The formal SIP revision (#15-06) 
was submitted by the Maryland Department of the Environment (MDE) on 
November 20, 2015. On September 8, 2016, MDE provided a letter to EPA 
to clarify that the November 20, 2015 submission was submitted as a SIP 
strengthening measure and not as a submission to address reasonably 
available control technology (RACT) requirements for coal-fired EGUs.
    As noted in the NPR, this action pertains only to the changes to 
COMAR 26.11.38 that were submitted by MDE on November 20, 2015 with a 
State effective date of August 31, 2015, namely COMAR 26.11.38.01-.05. 
Subsequent revisions and amendments to this regulation have been made 
by MDE, but have not yet been submitted to EPA for incorporation into 
the Maryland SIP.

II. Summary of SIP Revision

    The revision consists of Maryland regulation COMAR 26.11.38--
Control of NOX Emissions from Coal-Fired Electric Generating 
Units (effective August 31, 2015). The regulation establishes 
NOX emissions standards for 14 EGUs at 7 coal-fired power 
plants, and requires an affected EGU to minimize NOX 
emissions by operating and optimizing the use of all installed 
pollution controls and combustion controls during all times that the 
unit is in operation while burning coal. Additional monitoring and 
recordkeeping are required to demonstrate compliance with these 
requirements, and the owner or operator is required to submit a plan to 
MDE and to EPA for approval, which summarizes the data to be collected 
and make a showing that each affected EGU is operating its installed 
controls. Other specific requirements of COMAR 26.11.38 and the 
rationale supporting EPA's proposed rulemaking action are explained in 
the NPR and Technical Support Document (TSD) supporting EPA's analysis 
for approval of Maryland's regulation into the SIP and will not be 
restated here. The NPR and TSD are available in the docket for this 
rulemaking at https://www.regulations.gov, Docket ID Number EPA-R03-
OAR-2016-0238.

III. Public Comments and EPA's Responses

    EPA received two anonymous comments on the January 11, 2017 
proposed approval of COMAR 26.11.38 for the Maryland SIP.
    Comment 1: One commenter expressed support for strengthening the 
NOX emissions limits in Maryland.
    Response 1: EPA thanks the commenter for the submitted statement.
    Comment 2: Another commenter expressed support for the proposed 
rulemaking as a SIP strengthening measure needed to reduce pollution 
and to meet the requirements of the national ambient air quality 
standards (NAAQS) ``to keep the air clean.'' However, the commenter 
also stated, ``This regulation was submitted as a SIP strengthening 
measure which seems to be necessary because of how it does not include 
nitrogen oxides (NOX) emissions from seven coal-fired 
electric generating units which is a great amount.'' The commenter also 
stated it is an important measure to regulate clean air in ``already 
polluted skies'' and acknowledged this regulation was SIP strengthening 
and was not submitted to meet RACT requirements.
    Response 2: EPA thanks the commenter for supporting our approval of 
the Maryland regulation into the State's SIP. EPA notes that the 
commenter is incorrect in stating that COMAR 26.11.38, entitled 
``Control of Nitrogen Oxides Emissions from Coal Fired Electric 
Generating Units,'' does not apply to NOX emissions from 
seven coal-fired EGUs. The language of COMAR 26.11.38 specifically 
contains NOX limitations for these EGUs as well as other 
control measures related to NOX emissions ass discussed in 
the NPR and TSD. As EPA discussed in the NPR, because NOX is 
a precursor to ozone formation, the NOX limitations and 
measures for these EGUs identified in COMAR 26.11.38 will reduce 
NOX emissions and ozone formation in Maryland which should 
assist Maryland with attaining and maintaining the ozone NAAQS. 
Finally, the commenter correctly acknowledged that Maryland had not 
submitted COMAR 26.11.38 for SIP inclusion to address any RACT 
requirements which Maryland confirmed with its September 8, 2016 letter 
to EPA. The September 8, 2016 letter is available in the docket for 
this rulemaking. EPA expects subsequent rulemaking action on Maryland's 
obligations for RACT under the 2008 ozone NAAQS.

III. Final Action

    EPA is approving Maryland regulation COMAR 26.11.38, submitted in 
the November 20, 2015 SIP submission, which has a state effective date 
of August 31, 2015, as a revision to the Maryland SIP as a SIP 
strengthening measure in accordance with section 110 of the CAA. COMAR 
26.11.38.01-.05 imposes NOX emissions limits on coal fired 
EGUs subject to the regulation, and EPA expects the regulation will 
lower NOX emissions within the State which should reduce 
ozone formation. The NOX emissions limits plus the operation 
and optimization of the existing NOX controls whenever the 
units are in operation strengthens the Maryland SIP and will help the 
State's attainment and maintenance of the ozone NAAQS.

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 
regulation COMAR 26.11.38.01-.05 described in the amendments to 40 CFR 
part 52 set forth below. 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

[[Page 24548]]

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. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

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 31, 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 approving Maryland regulation COMAR 26.11.38 into 
the Maryland SIP 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 
requirement.

    Dated: May 5, 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 (c) is amended by adding 
the heading ``26.11.38 Control of Nitrogen Oxide Emissions from Coal-
Fired Electric Generating Units'' and the entries ``26.11.38.01 through 
26.11.38.05'' in numerical order to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved Regulations, Technical Memoranda, And Statutes In The Maryland Sip
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 Code of Maryland Administrative                                   State                                             Additional explanation/ citation at
   Regulations (COMAR) citation          Title/subject        effective date            EPA approval date                      40 CFR 52.1100
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                                 26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
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26.11.38.01......................  Definitions..............       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].
26.11.38.02......................  Applicability............       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].
26.11.38.03......................  2015 NOX Emission Control       8/31/2015  5/30/2017 [Insert Federal Register
                                    Requirements.                              citation].

[[Page 24549]]

 
26.11.38.04......................  Compliance Demonstration        8/31/2015  5/30/2017 [Insert Federal Register
                                    Requirements.                              citation].
26.11.38.05......................  Reporting Requirements...       8/31/2015  5/30/2017 [Insert Federal Register
                                                                               citation].
 
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[FR Doc. 2017-10912 Filed 5-26-17; 8:45 am]
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