[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51366-51369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21653]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0507; FRL-9984-97-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Nitrogen Oxides (NOX) Ozone Season Emissions Caps for Non-
Trading Large NOX Units and Associated Revisions to General 
Administrative Provisions and Kraft Pulp Mill Regulation

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 (Maryland SIP Revision #18-03) pertains to a new Maryland 
regulation that establishes ozone season nitrogen oxides 
(NOX) emissions caps and other requirements for large non-
electric generating units (non-EGU) in Maryland and includes associated 
revisions to two other Maryland regulations. The revision will enable 
Maryland to meet NOX reduction requirements related to 
interstate transport of pollution that contributes to other states' 
nonattainment or interferes with other states' maintenance of the ozone 
national ambient air quality standards (NAAQS). EPA is approving these 
revisions in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on November 13, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2018-0507. 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 August 8, 2018 (83 FR 39014), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed 
approval of new Code of Maryland Regulation (COMAR) 26.11.40--NOX Ozone 
Season Emission Caps for Non-Trading Large NOX Units and revisions to 
two regulations presently included in the Maryland SIP, COMAR 
26.11.01.01--General Administrative Provisions and COMAR 26.11.14--
Control of Emissions from Kraft Pulp Mills. The formal SIP revision was 
submitted by Maryland on May 15, 2018. The SIP revision was submitted 
to address Maryland's requirements under the NOX SIP Call. 
(63 FR 57356, October 27, 1998.)
    The NOX SIP Call, issued pursuant to Section 110 of the 
CAA and codified at 40 CFR 51.121 and 51.122, was designed to mitigate 
significant transport of NOX, one of the precursors of 
ozone.\1\ EPA developed the NOX Budget Trading Program, an 
EPA-administered allowance trading program that states could adopt to 
meet their obligations under the NOX SIP Call. The 
NOX Budget Trading Program allowed electric generating units 
(EGUs) greater than 25 megawatts and industrial non-electric generating 
units, such as boilers and turbines, 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. Maryland complied with the NOX SIP call 
by participation of its large EGUs and large non-EGUs in the 
NOX Budget Trading Program. EPA discontinued administration 
of the NOX Budget Trading Program in 2009 upon the start of 
the Clean Air Interstate Rule (CAIR) trading programs (70 FR 25162, May 
12, 2005). The NOX SIP Call requirements continued to apply, 
however, and EGUs in most states (including Maryland) that formerly 
participated in the NOX Budget Trading Program continued to 
meet their NOX SIP Call requirements under the generally 
more stringent requirements of the CAIR NOX Ozone Season 
trading program, either pursuant to CAIR Federal implementation plans 
(FIP) (71 FR 25328, April 28, 2006) or pursuant to approved CAIR SIP 
revisions.\2\ For the large non-EGUs, states needed to take regulatory 
action to ensure that their obligations under the NOX SIP 
Call continued to be met, either through an option to submit a CAIR SIP 
revision that allowed the large non-EGUs to participate in the CAIR 
NOX Ozone Season trading program or through adoption of 
other replacement regulations.
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    \1\ In October 27, 1998 (63 FR 57356), EPA finalized the 
``Finding of Significant Contribution and Rulemaking for Certain 
States in the Ozone Transport Assessment Group Region for Purposes 
of Reducing Regional Transport of Ozone''--commonly called the 
NOX SIP Call.
    \2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for 
Maryland on October 30, 2009 (74 FR 56118).
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    In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper 
mill) was the only facility with large non-EGUs that participated in 
the NOX Budget Trading Program. When the CAIR NOX 
Ozone Season trading program replaced the NOX Budget Trading 
Program, Maryland adopted the CAIR program as it applied to large EGUs, 
but chose not to include the non-EGUs at Luke as participants in the 
CAIR NOX Ozone Season trading program.\3\ Instead, in 2010, 
Maryland adopted COMAR 26.11.14.07--Control of Emissions from Kraft 
Pulp Mills, which, among other requirements, included provisions that 
address the NOX SIP Call non-EGU requirements in Maryland 
through a NOX ozone season tonnage cap of 947 tons for the 
Luke non-EGUs and monitoring, recordkeeping, and reporting in 
accordance with 40 CFR part 75.
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    \3\ EPA stopped administering the CAIR trading programs upon 
implementation of the Cross-State Air Pollution Rule (CSAPR) trading 
programs. Maryland subsequently took action rescinding its CAIR 
regulation (COMAR 26.11.28), and submitted a SIP revision to EPA 
which sought removal of the regulation in its entirety from the 
approved Maryland SIP. On July 17, 2017 (82 FR 32641), EPA approved 
the SIP revision removing the CAIR regulation from Maryland's SIP.
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    Subsequent to adoption of COMAR 26.11.14.07, Maryland determined 
that additional applicable units have either started operation or were 
previously not subject but have become subject to the requirements for 
non-EGUs under the NOX SIP Call as the units have heat input 
ratings greater than 250 MMBtu/hr. A review of the applicability of the 
NOX SIP Call to large non-EGUs in the State showed that 
there are three additional facilities having non-EGUs that are covered 
under the NOX SIP Call. Maryland adopted new regulation 
COMAR 26.11.40 to reallocate the statewide NOX emissions cap 
among the affected sources, and concurrently revised COMAR 26.11.14.07 
to reflect a reduced cap for Luke.

II. Summary of SIP Revision and EPA Analysis

    New COMAR 26.11.40 establishes NOX ozone season tonnage 
caps and

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NOX monitoring requirements for large non-EGUs in the State 
that are not covered under the CSAPR NOX Ozone Season Group 
2 Trading Program to meet requirements of the NOX SIP Call. 
NOX emissions caps are specified for non-EGUs located at 
four facilities (American Sugar Refining, Dominion Energy Cove Point 
LNG, Luke Paper Mill, and National Institutes of Health). A portion of 
the statewide cap is set aside for new units or modified existing units 
that may become subject to the NOX SIP Call in the future. 
Title 40 CFR part 75, subpart H, monitoring of NOX emissions 
at affected units is required in accordance with 40 CFR 51.121(i)(4).
    COMAR 26.11.14 was revised to reflect the changed NOX 
caps for Luke Paper Mill in COMAR 26.11.40. COMAR 26.11.14 was also 
revised to remove the provision for paper mills to acquire 
NOX allowances if the facility's ozone season NOX 
cap is exceeded. With the removal of the requirement to purchase 
NOX allowances, a corresponding definition in COMAR 26.11.01 
for NOX allowances was also removed.
    EPA finds that this May 2018 SIP submittal meets Maryland's 
NOX SIP Call requirements (including requirements in CAA 
section 110 and 40 CFR 51.121) for non-EGUs through new regulation 
COMAR 24.11.40, including (1) the applicability provisions in COMAR 
24.11.40.02, which update the State's requirements to include all 
currently applicable large non-EGUs and any new non-EGUs under the 
NOX SIP Call; (2) the specified statewide ozone season 
NOX emissions cap of 1,013 tons in COMAR 24.11.40.03, which 
is consistent with the portion of the overall Maryland NOX 
emissions budget under the NOX Budget Trading Program 
attributable to non-EGUs; and (3) the 40 CFR part 75 monitoring, 
recordkeeping and reporting requirements in COMAR 24.11.40.04, which 
apply for the affected non-EGUs. In addition, the revisions remove the 
ability of Kraft pulp mills that exceed their NOX limits and 
caps to comply by purchasing or otherwise acquiring NOX 
allowances from EPA's ozone season NOX Trading Program by 
removing these provisions in COMAR 26.11.14 and 26.11.01. The removal 
of the provisions allowing purchase of additional allowances removes 
the potential for increased local NOX emissions. Other 
specific requirements of Maryland's May 15, 2018 SIP submittal and the 
rationale for EPA's proposed action are explained in the NPRM and will 
not be restated here. The SIP submittal does not result in increased 
NOX emissions in the State, and therefore EPA finds it has 
no impact on any requirements related to attainment, reasonable further 
progress, or any other NAAQS requirements under the CAA. The submittal 
therefore meets section 110(l) of the CAA for SIP revisions.

III. Public Comments and EPA's Responses

    EPA received three anonymous comments on the NPRM, all of which are 
in the docket for this rulemaking at www.federalregister.gov. Two of 
the comments did not concern any of the specific issues raised in the 
NPRM, nor did they address EPA's rationale for the proposed approval of 
MDE's submittal. Therefore, EPA is not responding to those comments. 
One comment was addressed as follows:
    Comment: A comment was made about a term used in EPA's completeness 
determination for the Maryland SIP submittal. EPA's completeness 
determination is available in the docket for this rulemaking. The 
commenter states: ``The docket contains a document entitled [sic] ``MD 
305 Completeness Checklist 2018-08-27-033843.'' In that document, EPA 
Requirement number 8 (Compliance/enforcement strategies, including how 
compliance will be determined in practice) says ``DITTO'' under the 
``State Submittal'' column. What does ``DITTO'' mean here? I don't 
believe this is an environmental, regulatory, or technical term. I 
can't understand how you determined this submittal to be complete if 
you use such terms.''
    Response: EPA used the word ``DITTO'' in EPA Requirement 8 on page 
5 of the ``SIP Submittal Completeness Checklist'' (completeness 
checklist) as shorthand to indicate that EPA found the State SIP 
submittal is meeting the EPA requirements for item 8 with the same 
COMAR regulations as that listed and shown by EPA in the completeness 
checklist in response to item 7 in the ``State Submittal'' column 
directly above item 8. In effect, EPA's use of the word ``DITTO'' in 
the completeness checklist for item 8 means that the EPA found the 
requirements for ``Compliance/Enforcement strategies, including how 
compliance will be determined in practice.'' is met by the requirements 
in COMAR 26.11.40 and COMAR 26.11.14.07 for monitoring, recordkeeping, 
and reporting in accordance with 40 CFR part 75 as explained in EPA's 
response to item 7 which contains those regulatory citations. According 
to the Merriam-Webster dictionary, ``ditto'' means ``a thing mentioned 
previously or above --used to avoid repeating a word --often symbolized 
by inverted commas or apostrophe.'' Thus, EPA employed this commonly 
used word ``ditto'' in the completeness checklist in response to item 8 
instead of repeating our answer from item 7 as our answers were 
intended to be identical to both. As this comment does not concern any 
of the specific issues raised in the NPRM nor EPA's rationale for 
approval of MDE's SIP submittal, EPA provides no further response.

IV. Final Action

    EPA is approving Maryland's May 15, 2018 SIP revision submittal as 
a revision to the Maryland SIP in accordance with section 110 of the 
CAA as the SIP meets requirements in the CAA and in 40 CFR 51.121 
related to the NOX SIP Call requirements.

V. Incorporation by Reference

    In this document, 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 new Maryland 
regulation COMAR 26.11.40 and revisions to COMAR 26.11.01 and 26.11.17 
to meet the requirements for non-EGUs under the NOX SIP 
Call. EPA has made, and will continue to make, these materials 
generally available through 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 in the next update to the SIP 
compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).
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VI. 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

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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 December 10, 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 new Maryland regulation COMAR 26.11.40 
and revisions to COMAR 26.11.01 and COMAR 26.11.14 to address the 
requirements of the NOX SIP Call 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 24, 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 the entries ``26.11.01.01'' and ``26.11.14.07''; and
0
 b. Adding a heading and the entries ``26.11.40.01'' through 
``26.11.40.04'' in numerical order.
    The revisions and additions 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                                 State                            Additional explanation/
  Administrative Regulations       Title/subject      effective     EPA approval date      citation at 40 CFR
       (COMAR) citation                                  date                                    52.1100
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                                   26.11.01 General Administrative Provisions
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26.11.01.01..................  Definitions.........     04/23/18  10/11/18, [Insert     Section .01B is revised
                                                                   Federal Register      to remove definition 24-
                                                                   citation].            1 for ``NOX ozone
                                                                                         season allowance''
                                                                                         Previous approval 7/17/
                                                                                         2017.
 
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                               26.11.14 Control of Emissions From Kraft Pulp Mills
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                                                  * * * * * * *
26.11.14.07..................  Control of NOX           04/23/18  10/11/18, [Insert     Sections .07A and .07B
                                Emissions from Fuel                Federal Register      are revised, Section
                                Burning Equipment.                 citation].            .07C is removed,
                                                                                         Section .07D is revised
                                                                                         and recodified as
                                                                                         Section .07C.
 

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                      26.11.40 NO Ozone Season Emission Caps for Non-trading Large NO Units
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26.11.40.01..................  Definitions.........     04/23/18  10/11/18, [Insert     ........................
                                                                   Federal Register
                                                                   citation].
26.11.40.02..................  Applicability.......     04/23/18  10/11/18, [Insert     ........................
                                                                   Federal Register
                                                                   citation].
26.11.40.03..................  NOX Ozone Season         04/23/18  10/11/18, [Insert     ........................
                                Emission Caps.                     Federal Register
                                                                   citation].
26.11.40.04..................  Monitoring and           04/23/18  10/11/18, [Insert     ........................
                                Reporting                          Federal Register
                                Requirements.                      citation].
 
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[FR Doc. 2018-21653 Filed 10-10-18; 8:45 am]
 BILLING CODE 6560-50-P