[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Proposed Rules]
[Pages 7124-7125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03416]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0637; FRL-9974-62--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Emissions Statement Requirement for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision fulfills Maryland's emissions 
statement requirement for the 2008 ozone national ambient air quality 
standard (NAAQS). This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before March 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0637 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: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008, EPA strengthened the ozone standard from 0.08 to 
0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA 
designated areas as nonattainment for the 2008 ozone NAAQS, including 
the Baltimore and Washington, DC-MD-VA areas, which include the 
following counties in Maryland: Anne Arundel, Baltimore, Baltimore 
City, Carroll, Harford, Howard, Cecil, Calvert, Charles, Frederick, 
Montgomery, and Prince George's Counties. See 40 CFR 81.321.
    Additionally, Maryland is located in the ozone transport region 
(OTR) established by Congress in section 184 of the CAA. Pursuant to 
section 184(b)(2), any stationary source that emits or has the 
potential to emit at least 50 tons per year (tpy) of volatile organic 
compounds (VOC) shall be considered a major stationary source and 
subject to the requirements which would be applicable to major 
stationary sources if the area were classified as a moderate 
nonattainment area. See CAA section 184. Thus, states within the OTR 
are subject to plan (or SIP) requirements in CAA section 182(b) 
applicable to moderate nonattainment areas. Also, section 182(f)(1) of 
the CAA requires that the plan provisions required for major stationary 
sources of VOC also apply to major stationary sources of oxides of 
nitrogen (NOX) for states with moderate (or worse) ozone 
nonattainment areas. A major stationary source of NOX is 
defined as stationary facility or source of air pollutants which 
directly emits, or has the potential to emit 100 tpy or more of 
NOX. See CAA section 302(j).
    Section 182 of the CAA identifies additional plan submissions and 
requirements for ozone nonattainment areas. Specifically, section 
182(a)(3)(B) of the CAA requires that states develop and submit rules 
which establish annual reporting requirements for certain stationary 
sources. Sources that are within marginal (or worse) ozone 
nonattainment areas must annually report the actual emissions of 
NOX and VOC to the state. However, states may waive sources 
that emit under 25 tpy of NOX and VOC if the state provides 
an inventory of emissions from such class or category of sources. See 
CAA section 182(a)(3)(B)(ii).
    In summary, because Maryland is located in the OTR, sources that 
are located in ozone attainment areas and emit above 50 tpy of VOC or 
100 tpy of NOX are considered major sources and subject to 
the requirements of major stationary sources in moderate (or worse) 
nonattainment area, such as an emissions statement submission as 
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and 
184(b)(2). Sources that are located in designated marginal (or worse) 
nonattainment areas must submit an emissions statement as required by 
CAA section 182(a)(3)(B). As stated previously, states may waive 
sources under that emit 25 tpy of NOX and 25 tpy of VOC 
threshold if the state provides an inventory of emissions from such 
class or category of sources as required by CAA sections 172 and 
182.\1\ See section 182(a)(3)(B)(ii).
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    \1\ For further information on the emissions statement reporting 
requirements, see ``Guidance on the Implementation of an Emission 
Statement Program (July 1992)'' https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, pp. 5-9.
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    On September 25, 2017, the State of Maryland, through the Maryland 
Department of the Environment (MDE), submitted a SIP revision to 
satisfy the emissions statement requirement of section 182(a)(3)(B) of 
the CAA for the 2008 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On October 12, 1994 (59 FR 51517), EPA approved Maryland's SIP 
submittal that satisfies CAA section 182(a)(3)(B). Maryland's emissions 
reporting requirements are codified in Maryland regulation COMAR 
26.11.01.05-1

[[Page 7125]]

``Emissions Statements.'' COMAR 26.11.01.05-1 requires installations or 
sources that emit above a particular threshold of NOX or VOC 
and are within certain geographic areas to submit an emissions 
statement to the State. The statement must be submitted by a certified 
individual who can verify the source's actual emissions.
    COMAR 26.11.01.05-1 requires that sources that emit 25 tons or more 
of NOX or VOC during a calendar year in the following 
counties (which include nonattainment areas for the 2008 ozone NAAQS) 
submit an emissions statement: Anne Arundel, Baltimore, Baltimore City, 
Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, 
Montgomery, Prince George's, and Queen Anne's counties. As previously 
mentioned, per CAA section 182(a)(3)(B)(ii), states may waive sources 
under 25 tpy of NOX and VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA sections 172 and 182. Maryland does provide emissions 
inventories for nonattainment areas as required by CAA section 
172(c)(3). See e.g. 82 FR 44544 (September 25, 2017).
    Finally, COMAR 26.11.01.05-1 also requires that sources that emit 
50 tons or more of VOC or 100 tons or more of NOX during a 
calendar year in the following counties (which are in ozone attainment 
for the 2008 ozone NAAQS but still located within the OTR) submit an 
emissions statement: Allegany, Caroline, Dorchester, Garrett, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties. 
Because Maryland is located in the OTR, sources that are located in 
attainment areas for the 2008 ozone NAAQS and emit above 50 tpy of VOC 
and 100 tpy of NOX are considered major sources and subject 
to the requirements of major stationary sources in moderate (or worse) 
nonattainment area, such as an emissions statement submission as 
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and 
184(b)(2).
    In Maryland's September 25, 2017 SIP submittal, Maryland states 
that the existing COMAR 26.11.01.05-1 ``Emissions Statements'' 
continues to satisfy section 182(a)(3)(B) for the 2008 ozone NAAQS 
because Maryland has not made any changes since EPA's prior approval 
and COMAR 26.11.01.05-1 meets the CAA requirements for emission 
statements. See 59 FR 51517 (October 12, 1994). EPA finds that COMAR 
26.11.01.05-1 continues to satisfy section 182(a)(3)(B) because the 
existing rule is applicable to the entire State of Maryland and 
requires stationary sources that emit NOX or VOC to submit 
an emissions statement to the State detailing the sources' emissions. 
EPA finds Maryland's emissions' thresholds for sources that are 
required to submit an emissions statement meet CAA requirements in 
sections 182 (plan submissions and requirements for ozone nonattainment 
areas) and 184 (OTR requirements). See also ``Guidance on the 
Implementation of an Emission Statement Program (July 1992).'' 
Therefore, EPA has determined that COMAR 26.11.01.05-1, which is 
currently in the Maryland SIP, is appropriate to address the emissions 
statement requirement in section 182(a)(3)(B) and is proposing to 
approve this SIP revision. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

III. Proposed Action

    EPA is proposing to approve the September 25, 2017 Maryland SIP 
revision certifying that Maryland's existing SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS.

IV. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 (Public Law 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, which proposes to approve 
Maryland's certification that Maryland's SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA, 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: February 9, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-03416 Filed 2-16-18; 8:45 am]
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