[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38110-38112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16603]



[[Page 38110]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0508; FRL-9981-69--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air 
Quality Standard (NAAQS)

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. The State of Maryland's SIP revision satisfies the 
volatile organic compound (VOC) reasonably available control technology 
(RACT) requirements under the 2008 8-hour ozone national ambient air 
quality standard (NAAQS). The State of Maryland will address RACT for 
oxides of nitrogen (NOX) in another SIP submission. 
Maryland's RACT submittal for the 2008 ozone NAAQS includes (1) 
certification that previously adopted RACT controls in Maryland's SIP 
that were approved by EPA under the 1-hour ozone and 1997 8-hour ozone 
NAAQS are based on the currently available technically and economically 
feasible controls, and that they continue to represent RACT; (2) a 
negative declaration demonstrating that no facilities exist in the 
state for the applicable control technique guideline (CTG) categories; 
and (3) adoption of new or more stringent RACT determinations. This 
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 4, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2018-0508 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: Gregory A. Becoat, (215) 814-2036, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: On August 18, 2016, the Maryland Department 
of the Environment (MDE) submitted a revision to its SIP that addresses 
the requirements of RACT under the 2008 8-hour ozone NAAQS.

I. Background

A. General

    Ozone is formed in the atmosphere by photochemical reactions 
between VOCs and NOX in the presence of sunlight. In order 
to reduce these ozone concentrations, the CAA requires control of VOC 
and NOX emission sources to achieve emission reductions in 
moderate or more serious ozone nonattainment areas. Among effective 
control measures, RACT controls significantly reduce VOC and 
NOX emissions from major stationary sources.
    RACT is defined as the lowest emission limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility.\1\ Section 172(c)(1) of the CAA provides that SIPs for 
nonattainment areas must include reasonably available control measures 
(RACM) for attainment of the NAAQS, including emissions reductions from 
existing sources through adoption of RACT. A major source in a 
nonattainment area is defined as any stationary source that emits or 
has the potential to emit NOX or VOC emissions above a 
certain applicability threshold that is based on the ozone 
nonattainment classification of the area: Marginal, Moderate, Serious, 
or Severe. See ``major stationary source'' in CAA sections 182(b), 
184(b) and 302. Sections 182(b)(2) and 182(f)(1) of the CAA require 
states with moderate (or worse) ozone nonattainment areas to implement 
RACT controls on all stationary sources and source categories covered 
by a CTG document issued by EPA and on all major sources of VOC and 
NOX emissions located in the area. EPA's CTGs establish 
presumptive RACT control requirements for various VOC source 
categories. The CTGs typically identify a particular control level that 
EPA recommends as being RACT. In some cases, EPA has issued Alternative 
Control Techniques guidelines (ACTs) primarily for NOX 
source categories, which in contrast to the CTGs, only present a range 
for possible control options but do not identify any particular option 
as the presumptive norm for what is RACT. Section 183(c) of the CAA 
requires EPA to revise and update CTGs and ACTs as the Administrator 
determines necessary. EPA issued eleven new CTGs from 2006 through 2008 
for a total of 44 CTGs issued since November 1990. States are required 
to implement RACT for the source categories covered by CTGs through the 
SIP.
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    \1\ See December 9, 1976 memorandum from Roger Strelow, 
Assistant Administrator for Air and Waste Management, to Regional 
Administrators, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas.'' see also 44 FR 53761, 53762 
(September 17, 1979).
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    Section 184(a) of the CAA established a single ozone transport 
region (OTR), comprising all or part of 12 eastern states and the 
District of Columbia.\2\ The entire State of Maryland is part of the 
OTR and, therefore, must comply with the RACT requirements in section 
184(b)(1)(B) and (2) of the CAA. Specifically, section 184(b)(1)(B) 
requires the implementation of RACT in OTR states with respect to all 
sources of VOC covered by a CTG. Additionally, section 184(b)(2) states 
that any stationary source with the potential to emit 50 tons per year 
(tpy) of VOCs shall be considered a major source and requires the 
implementation of major stationary source requirements in the OTR 
states as if the area were a moderate nonattainment area. A major 
source in a nonattainment area is defined as any stationary source that 
emits or has the potential to emit NOX or VOC emissions 
above a certain applicability threshold that is based on the ozone 
nonattainment classification of the area: Marginal, Moderate, Serious, 
or Severe. See ``major stationary source'' in CAA sections 182(b) and 
184(b).
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    \2\ Only a portion of the Commonwealth of Virginia is included 
in the OTR.

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B. Maryland's History

    Maryland has been subject to the CAA RACT requirements because of 
previous ozone nonattainment designations. The Baltimore (which 
includes Anne Arundel, Baltimore, Carroll, Harford, and Howard 
Counties, MD, and Baltimore City, MD), Washington DC (which includes 
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties, 
MD), and Philadelphia (which includes Cecil County, MD) nonattainment 
areas were designated as severe 1-hour ozone nonattainment areas. Kent 
and Queen Anne's Counties, MD were designated as a marginal 1-hour 
ozone nonattainment area. The remaining Maryland counties were 
statutorily identified as moderate nonattainment because they are in 
the OTR. Since the early 1990s, Maryland has implemented numerous RACT 
controls throughout the State to meet the CAA's RACT requirements under 
the 1-hour and the 1997 8-hour ozone standards. Maryland also 
implemented controls necessary to meet the requirements of the 
NOX SIP Call (40 CFR 51.121). Under the 1997 8-hour ozone 
NAAQS, the Baltimore, Washington DC, and Philadelphia areas were 
designated as serious nonattainment areas. Kent and Queen Anne's 
Counties, MD were designated as a marginal ozone nonattainment area. 
The remaining Maryland counties were statutorily identified as moderate 
nonattainment because they are in the OTR. As a result, Maryland 
continued to be subject to the CAA RACT requirements. See 69 FR 23858, 
23931 (April 30, 2004). Maryland revised and promulgated its RACT 
regulations and demonstrated that it complied with the 1997 CAA RACT 
requirements in a SIP revision approved by EPA on July 13, 2012 (77 FR 
41278).
    Under CAA section 109(d), EPA is required to periodically review 
and promulgate, as necessary, revisions to the NAAQS to continue to 
protect human health and the environment. On March 27, 2008, EPA 
revised the 1997 8-hour ozone standard by lowering the 8-hour standard 
to 0.075 ppm level (73 FR 16436). On May 21, 2012, EPA finalized 
attainment/nonattainment designations for the 2008 8-hour ozone NAAQS 
(77 FR 30087). Under the 2008 8-hour ozone standard, EPA designated as 
nonattainment three areas that contain portions of Maryland. These 
nonattainment areas are: The Baltimore moderate nonattainment area; the 
Washington DC marginal nonattainment area; and the Philadelphia 
marginal nonattainment area. All other remaining Maryland counties are 
part of the OTR. As a result, the entire State of Maryland is required 
to address the CAA RACT requirements by submitting to EPA a SIP 
revision that demonstrates how Maryland meets RACT requirements under 
the revised 2008 ozone standard. Maryland is required to implement RACT 
for the 2008 ozone NAAQS on all VOC sources covered by a CTG issued by 
EPA, as well as all other major stationary sources located within the 
state boundaries. The RACT requirements under CAA sections 182 and 184 
apply to CTG sources, including eleven new CTGs that EPA issued between 
2006 and 2008, and any other major stationary sources of VOC or 
NOX. Maryland has retained its major source thresholds at 25 
tpy for VOC and NOX sources in the Baltimore, Washington, 
DC, and Philadelphia severe 1-hour ozone nonattainment areas. Maryland 
has retained its major source thresholds at 50 tpy for VOC and 100 tpy 
for NOX in all remaining Maryland counties, consistent with 
the CAA requirements for States in the OTR.

C. EPA Guidance and Requirements

    EPA has provided more substantive RACT requirements through final 
implementation rules for each ozone NAAQS, as well as guidance. On 
March 6, 2015, EPA issued its final rule for implementing the 2008 8-
hour ozone NAAQS (the 2008 Ozone Implementation Rule). See 80 FR 12264. 
This rule addressed, among other things, control and planning 
obligations as they apply to nonattainment areas under the 2008 8-hour 
ozone NAAQS, including RACT and RACM. In this rule, EPA specifically 
required that states meet the RACT requirements either (1) through a 
certification that previously adopted RACT controls in their SIP 
revisions approved by EPA under a prior ozone NAAQS continue to 
represent adequate RACT control levels for attainment of the 2008 8-
hour ozone NAAQS, or (2) through the adoption of new or more stringent 
regulations or controls that represent RACT control levels. A 
certification must be accompanied by appropriate supporting information 
such as consideration of information received during the public comment 
period and consideration of new data. Adoption of new RACT regulations 
will occur when states have new stationary sources not covered by 
existing RACT regulations, or when new data or technical information 
indicates that a previously adopted RACT measure does not represent a 
newly available RACT control level. Additionally, states are required 
to submit a negative declaration if there are no CTG major sources of 
VOC and NOX emissions within the nonattainment area in lieu 
of, or in addition to, a certification.

II. Summary of SIP Revision

    On August 18, 2016 Maryland submitted a SIP revision to address all 
of the CAA RACT requirements of RACT set forth by the CAA under for the 
2008 8-hour ozone NAAQS (the 2016 RACT Submission). Specifically, 
Maryland's 2016 RACT Submission includes: (1) A certification that for 
certain categories of sources, previously-adopted VOC RACT controls in 
Maryland's SIP that were approved by EPA under the 1979 1-hour and 1997 
8-hour ozone NAAQS continue to be based on the currently available 
technically and economically feasible controls, and continue to 
represent RACT for implementation of the 2008 8-hour ozone NAAQS; (2) 
the adoption of new or more stringent regulations or controls that 
represent RACT control levels for certain categories of sources; and 
(3) a negative declaration that certain CTG or non-CTG major sources of 
VOC sources do not exist in Maryland.
    Most of Maryland's Regulations and Statutes, under Code of Maryland 
Regulations (COMAR) 26.11.06, 26.11.10, 26.11.11, 26.11.13, 26.11.14, 
26.11.19 and 26.11.24, contain the VOC RACT controls that were 
implemented and approved into Maryland's SIP under the 1-hour and 1997 
8-hour ozone NAAQS. Maryland also relies on COMAR 26.11.06.06--
``General Emissions Standards, Prohibitions, and Restrictions--Volatile 
Organic Compounds,'' to achieve significant reductions from unique VOC 
sources. Maryland is certifying that these regulations, all previously 
approved by EPA into the SIP, continue to meet the RACT requirements 
for the 2008 8-hour ozone NAAQS for major stationary sources of VOCs 
and CTG-covered sources of VOCs. Maryland also submitted a negative 
declaration for the CTGs that have not been adopted due to no affected 
facilities in Maryland, and included Alternative Control Technology 
(ACTs) in their review of applicable 2008 8-hour ozone RACT 
requirements. Maryland considered controls on other sources of VOCs not 
covered by a CTG and adopted rules whenever deemed to be reasonably 
available controls. Additionally, Maryland conducted a RACT analysis 
for each major Non-CTG stationary source of VOC. As previously 
discussed, Maryland retained its major source levels at 25 tpy for VOC 
sources in the Baltimore, Washington, DC and

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Philadelphia 1-hour severe nonattainment areas. All remaining counties 
which are part of the OTR major source levels remain at 50 tpy for VOC. 
More detailed information on these provisions as well as a detailed 
summary of EPA's review can be found in the Technical Support Document 
(TSD) for this action which is available on line at 
www.regulations.gov, Docket number EPA-R03-OAR-2018-0508.

III. Proposed Action

    EPA has reviewed Maryland's 2016 RACT Submission and is proposing 
to approve Maryland's SIP revision on the basis that Maryland has met 
the RACT requirements for the 2008 8-hour ozone NAAQS as set forth by 
sections 182(b) and 184(b)(2) of the CAA. Maryland's SIP revision 
satisfies the 2008 8-hour ozone NAAQS RACT requirements through (1) 
certification that previously adopted RACT controls in Maryland's SIP 
that were approved by EPA under the 1-hour ozone and 1997 8-hour ozone 
NAAQS continue to be are based on the currently available technically 
and economically feasible controls, and that they continue to represent 
RACT; (2) a negative declaration demonstrating that no facilities exist 
in the state for certain the applicable CTG categories; and (3) 
adoption of new or more stringent RACT determinations when technically 
and economically feasible. EPA finds that Maryland's 2016 RACT 
Submission demonstrates that the State has adopted air pollution 
control strategies that represent RACT for the purposes of compliance 
with the 2008 8-hour ozone standard for all major stationary sources of 
VOC. EPA finds that Maryland's SIP implements RACT with respect to all 
sources of VOCs covered by a CTG issued prior to July 20, 2014, as well 
as represents RACT for all CTG VOC major stationary sources. EPA is 
soliciting public comments on the issues discussed in this document 
relevant to RACT requirements for Maryland for the 2008 ozone NAAQS. 
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 source-specific RACT determinations under the 
2008 8-hour ozone NAAQS for certain major sources of VOC emissions. 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).

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);
     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 proposed rule, Maryland's 2008 8-hour ozone RACT SIP 
revision 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: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16603 Filed 8-2-18; 8:45 am]
 BILLING CODE 6560-50-P