[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13192-13196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06129]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0309; FRL-9975-82--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology for Cement Kilns, 
Revisions to Portland Cement Manufacturing Plant and Natural Gas 
Compression Station Regulations, and Removal of Nitrogen Oxides 
Reduction and Trading Program Replaced by Other Programs and 
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by the State of Maryland. 
The revisions pertain to reasonably available control technology (RACT) 
for cement kilns, revisions to and recodification of certain provisions 
for Portland cement manufacturing plants (cement plants) and internal 
combustion (IC) engines at natural gas compression stations, and 
removal of the obsolete Nitrogen Oxides (NOX) Reduction and 
Trading Program that has been replaced by other trading programs or 
addressed in other regulations. EPA is approving these revisions in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on April 27, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0309. All documents in the docket are listed on 
the http://www.regulations.gov website. 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 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 November 13, 2017, (82 FR 52259), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of revisions to Maryland regulations pertaining to 
RACT for cement kilns, revisions to and recodification of certain 
provisions for Portland cement plants and IC engines at natural gas 
compression stations, and removal of the obsolete NOX 
Reduction and Trading Program that has been replaced by other trading 
programs or addressed in other regulations. The formal SIP revision 
(Maryland SIP #15-04) was submitted on November 24, 2015 by the State 
of Maryland, through the Maryland Department of the Environment (MDE), 
for approval into the Maryland SIP.
    The submission is comprised of three State actions pertaining to 
amendments to the Code of Maryland Regulations (COMAR) 26.11.01.10, 
COMAR 26.11.09.08, COMAR 26.11.29, and COMAR 26.11.30. The amendments 
address the requirement for NOX RACT for cement kilns for 
the 2008 ozone national ambient air quality standards (NAAQS), the 
removal of COMAR provisions related to the obsolete NOX 
Budget Trading Program under the NOX SIP Call \1\ (that has 
been replaced by other trading programs), the consolidation of all 
existing and new requirements for cement kilns into one COMAR 
regulation, the consolidation of all existing and new requirements for 
IC engines into one COMAR regulation, the addition of new particulate 
matter (PM) monitoring requirements, and the addition of an alternate 
monitoring option for visible emissions at cement kilns. On February 
17, 2017, MDE provided a letter to EPA clarifying the NOX 
RACT limits and withdrawing from EPA's consideration a provision of its 
regulation for natural gas compression stations.
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    \1\ See Finding of Significant Contribution and Rulemaking for 
Certain States in the Ozone Transport Assessment Group Region for 
Purposes of Reducing Regional Transport of Ozone, 63 FR 57371 
(October 27, 1998).
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    As explained in the NPR, three areas or portions of areas in 
Maryland were designated as nonattainment under the 2008 ozone NAAQS 
(77 FR 30088, May 21, 2012). Under section 182 of the CAA, states must 
review and revise the RACT requirements in their SIP to ensure that 
these requirements would still be considered RACT under the new, more 
stringent NAAQS. Major stationary sources \2\ of ozone precursor

[[Page 13193]]

emissions located in ozone nonattainment areas classified as moderate 
and above (and sources located in the Ozone Transport Region (OTR), of 
which the entire state of Maryland is a part) are subject to RACT 
requirements. See sections 182(b)(2) and 184(b)(2) of the CAA. Section 
182(f) of the CAA specifically requires RACT for major stationary 
sources of NOX. The cement kilns in Maryland are major 
stationary sources of NOX and are therefore required to be 
evaluated for NOX RACT under the 2008 ozone NAAQS.
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    \2\ A major stationary source of NOX in a marginal or 
moderate ozone nonattainment area, or in an ozone transport region, 
is a source that emits or has the potential to emit 100 tons of 
NOX.
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    The NOX Budget Trading Program was established under the 
NOX SIP Call to allow electric generating units (EGUs) 
greater than 25 megawatts and industrial non-electric generating units 
(or non-EGUs) with a rated heat input greater than 250 million British 
thermal units per hour (MMBtu/hr) (referred to as large non-EGUs) to 
participate in a regional NOX cap and trade program. The 
NOX SIP call also established NOX reduction 
requirements for other non-EGUs that were not a part of the 
NOX Budget Trading Program, including cement kilns and 
stationary IC engines. Maryland regulations COMAR 26.11.29--
NOX Reduction Requirements and Trading Program and COMAR 
26.11.30--Policies and Procedures Relating to Maryland's NOX 
Reduction and Trading Program, were previously approved into the 
Maryland SIP to implement the NOX Budget Trading Program and 
allowed EGUs and large non-EGUs in the state to participate in the 
regional NOX cap and trade program established under EPA's 
NOX SIP Call. COMAR 26.11.29 also included NOX 
reductions, monitoring, and recordkeeping requirements for cement kilns 
and IC engines.
    EPA discontinued administration of the NOX Budget 
Trading Program in 2009 upon the start of the Clean Air Interstate Rule 
(CAIR) trading programs.\3\ The NOX SIP Call requirements 
continued to apply, and EGUs that were previously trading under the 
NOX Budget Trading Program continued to meet NOX 
SIP Call requirements under the more stringent requirements of the CAIR 
ozone season trading program. Large non-EGUs were not addressed in 
CAIR. Therefore, states needed to assess their state requirements and 
take regulatory action as necessary to ensure that all their non-EGU 
obligations continued to be met. After EPA discontinued the 
NOX Budget Trading Program, Maryland's EGU obligations under 
the NOX SIP Call continued to be addressed in Maryland 
regulation COMAR 26.11.28--Clean Air Interstate Rule and later in 
CSAPR. Maryland's large non-EGU reduction requirements are largely 
addressed in separate rulemaking actions under other COMAR regulations 
and discussed in more detail in the NPR for this rulemaking.
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    \3\ CAIR was subsequently vacated and remanded. See North 
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified by 550 F.3d 
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air 
Pollution Rule (CSAPR) (76 FR 48208, August 8, 2011), which, after 
legal challenges, was implemented starting in January 2015.
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II. Summary of SIP Revision and EPA Analysis

    Revised COMAR 26.11.30 establishes a limit of 3.4 pounds (lbs) of 
NOX per ton of clinker (lbs NOX/ton of clinker) 
for long, dry kilns, and 2.4 lbs NOX/ton of clinker for pre-
calciner kilns. Maryland's November 13, 2015 submittal explained that 
NOX RACT for cement kilns, which are major stationary 
sources of NOX subject to RACT requirements, was established 
consistent with the Ozone Transport Commission (OTC) recommended RACT 
requirements for the 2008 ozone NAAQS. The 2007 OTC Technical Support 
Document on Identification and Evaluation of Candidate Control Measures 
\4\ (OTC TSD) recommended NOX emission rates for cement 
kilns based on applying a 60 percent reduction to uncontrolled 
emissions. Maryland's February 17, 2017 supplemental submission 
provided additional clarification on the justification for the 
NOX RACT limits for the cement kilns. MDE also provided an 
estimate of costs to comply with the revised NOX rates for 
cement kilns, including the costs to install selective non-catalytic 
reduction (SNCR) controls to meet the more stringent NOX 
rate limits established by its May 21, 2010 regulatory action and the 
additional costs to increase the amount of reagent used in the SNCR to 
meet the requirements in its July 10, 2015 action further lowering the 
NOX emission rate.
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    \4\ See Finding of Significant Contribution and Rulemaking for 
Certain States in the Ozone Transport Assessment Group Region for 
Purposes of Reducing Regional Transport of Ozone, 63 FR 57371 
(October 27, 1998).
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    EPA agrees with Maryland's determination of NOX RACT for 
cement kilns for the 2008 ozone NAAQS, based on our analysis of the 
cost effectiveness associated with installation of SNCR, the cost 
effectiveness for additional operating costs for the increase in 
ammonia use, as well as the technological considerations involved with 
further increasing the amount of ammonia used.
    The November 24, 2015 SIP revision submittal also included several 
state regulatory actions for inclusion into the Maryland SIP. On May 
21, 2010, Maryland repealed COMAR 26.11.29 and COMAR 26.11.30, with a 
State effective date of May 31, 2010. The requirements for certain 
large non-electric generating units (EGUs), cement kilns, and IC 
engines pursuant to the NOX SIP Call continue to apply, as 
explained in the NPR and noted previously. Therefore, Maryland 
recodified certain portions of the Portland cement plant and natural 
gas compression station provisions (formerly found at COMAR 
26.11.29.15) into new COMAR 26.11.29 (with a State effective date of 
July 20, 2015), retitled NOX Reduction Requirements for Non-
Electric Generating Units. The cement kiln provisions necessary to 
address the NOX SIP Call requirements were revised to add a 
compliance date of April 1, 2017 for the existing NOX 
emission rate limits in the regulation and to remove an alternative 
control method.
    COMAR 26.11.30 formerly included large non-EGUs as participants in 
the NOX Reduction and Trading Program and established an 
ozone season allocation of 947 tons of NOX for the large 
non-EGUs at the only kraft pulp mill located in Maryland. With repeal 
of the NOX Reduction and Trading Program, Maryland modified 
its kraft pulp mill regulation in COMAR 26.11.14.07 to limit 
NOX emissions from fuel burning equipment at kraft pulp 
mills to 947 tons per year (matching the ozone season allocation 
formerly in COMAR 26.11.30). Maryland is currently in the process of 
developing regulations for inclusion in the SIP amending the State's 
provisions for kraft pulp mills for addressing NOX SIP Call 
obligations and also addressing the State's ongoing NOX SIP 
Call obligations with respect to other large non-EGUs.
    Other specific requirements of the revised Maryland COMAR 
regulations and the rationale for EPA's proposed action are explained 
in the NPR and the technical support document (TSD) for the NPR 
(available in the docket for this rulemaking at www.regulations.gov) 
and will not be restated here.

III. Public Comments and EPA's Response

    EPA received two public comments on our November 13, 2017 action 
proposing to approve Maryland's SIP submittal of November 24, 2015, as 
supplemented on February 17, 2017.

[[Page 13194]]

    Comment 1--The commenter provided statements relating to greenhouse 
gases and climate change.
    EPA Response to Comment 1--This comment is not relevant to this 
rulemaking action. This action pertains to RACT for cement kilns, 
recodification of provisions for Portland cement plants and IC engines 
at natural gas compression stations, and removal of obsolete trading 
programs that have been replaced or addressed in other regulations.
    Comment 2--The commenter expressed concern over unnecessary and 
burdensome regulations, the regulatory process, and the associated 
costs of regulations, particularly those issued by EPA.
    EPA Response to Comment 2--As the comment is neither supportive of, 
critical of, nor specific to this action, no response is provided. This 
action pertains to RACT for cement kilns, recodification of provisions 
for Portland cement plants and IC engines at natural gas compression 
stations, and removal of obsolete trading programs that have been 
replaced or addressed in other regulations.

IV. Final Action

    EPA has reviewed the Maryland SIP revision submittal of November 
24, 2015, as supplemented on February 17, 2017, seeking approval of 
revisions to Maryland regulations that establish RACT for cement kilns 
for the 2008 ozone NAAQS in accordance with requirements in CAA 
sections 172, 182 and 184, recodifies provisions for Portland cement 
plants and IC engines at natural gas compression stations, and removes 
the NOX Budget Trading Program that has been replaced by 
other trading programs or addressed in other regulations. EPA is 
approving the submittal as a revision to the Maryland SIP in accordance 
with CAA section 110.

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 the revisions 
to Maryland regulations COMAR 26.11.01.10, COMAR 26.11.09.08, COMAR 
26.11.29, and COMAR 26.11.30 as discussed in section I of this final 
action. EPA has made, and will continue to make, these materials 
generally available through http://www.regulations.gov and at the EPA 
Region III Office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information). 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.\5\
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    \5\ 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);
     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 (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 May 29, 2018. 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 RACT for cement kilns, removal of 
Maryland regulations for obsolete trading programs, and recodification 
of provisions related to cement plants and IC engines at natural gas 
compression stations may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

[[Page 13195]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: March 6, 2018.
Cosmo Servidio,
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:
0
a. Revising under subheading ``26.11.01 General Administrative 
Provisions'' the entry ``26.11.01.10''.
0
b. Revising under subheading ``26.11.09 Control of Fuel Burning 
Equipment, Stationary Internal Combustion Engines, and Certain Fuel-
Burning Installations'' the entry ``26.11.09.08''.
0
c. Removing the subheading ``26.11.29 NOX Reduction and 
Trading Program'' and the entries ``26.11.29.01'' through 
``26.11.29.15''.
0
d. Adding the subheading ``26.11.29 Control of NOX Emissions 
from Natural Gas Pipeline Stations'' and the entries ``26.11.29.01'' 
through ``26.11.29.04''.
0
e. Removing the subheading ``26.11.30 Policies and Procedures Relating 
to Maryland's NOX Reduction and Trading Program'' and the 
entries ``26.11.30.01'' through ``26.11.30.09''.
0
f. Adding the subheading ``26.11.30 Control of Portland Cement 
Manufacturing Plants'' and the entries ``26.11.30.01'' through 
``26.11.30.08''.
    The additions and revision 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                                                                           Additional
 Administrative Regulations      Title/subject           State        EPA approval date     explanation/citation
      (COMAR) citation                              effective date                           at 40 CFR 52.1100
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                                   26.11.01 General Administrative Provisions
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                                                  * * * * * * *
26.11.01.10................  Continuous Opacity          7/20/2015  3/28/2018, [insert     1. (c)(106)
                              Monitoring.                            Federal Register       Requirement to use
                                                                     citation].             TM 90-01 is removed.
                                                                                            Exceptions: A(4),
                                                                                            B(4), D(2)(c), and
                                                                                            F.
                                                                                           2. Add new subsection
                                                                                            (A)(5).
                                                                                           3. Add new subsection
                                                                                            F.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26.11.09.08................  Control of NOX              7/20/2015  3/28/2018, [insert     1. Revise H, H(1) and
                              Emissions for Major                    Federal Register       H(3), remove H(2),
                              Stationary Sources.                    citation].             and recodify H(4) to
                                                                                            H(3).
                                                                                           2. Revise I and
                                                                                            remove I(3) and
                                                                                            I(4).
                                                                                           Previous approval (81
                                                                                            FR 59488).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       26.11.29 Control of NO Emissions from Natural Gas Pipeline Stations
----------------------------------------------------------------------------------------------------------------
26.11.29.01................  Definitions..........       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.29.02................  Applicability and           7/20/2015  3/28/2018, [insert
                              General Requirements.                  Federal Register
                                                                     citation].
26.11.29.03................  Monitoring                  7/20/2015  3/28/2018, [insert
                              Requirements.                          Federal Register
                                                                     citation].
26.11.29.04................  Demonstrating               7/20/2015  3/28/2018, [insert
                              Compliance.                            Federal Register
                                                                     citation].
----------------------------------------------------------------------------------------------------------------
                            26.11.30 Control of Portland Cement Manufacturing Plants
----------------------------------------------------------------------------------------------------------------
26.11.30.01................  Scope................       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.02................  Applicability........       7/20/2015  3/28/2018 [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.03................  Definitions..........       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.04................  Particulate Matter...       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.05................  Visible Emissions           7/20/2015  3/28/2018, [insert
                              Standards.                             Federal Register
                                                                     citation].

[[Page 13196]]

 
26.11.30.06................  Sulfur Compounds.....       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.07................  Nitrogen Oxides (NOX)       7/20/2015  3/28/2018, [insert
                                                                     Federal Register
                                                                     citation].
26.11.30.08................  NOX Continuous              7/20/2015  3/28/2018, [insert
                              Emissions Monitoring                   Federal Register
                              Requirements.                          citation].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2018-06129 Filed 3-27-18; 8:45 am]
 BILLING CODE 6560-50-P