[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Page 39145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13584]



40 CFR Part 52

[EPA-R03-OAR-2018-0042; FRL-10011-05-Region 3]

Air Plan Disapproval; Maryland; Interstate Transport Requirements 
for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality 
Standard; Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal.


SUMMARY: The Environmental Protection Agency (EPA) is withdrawing its 
proposed action disapproving the interstate transport portion of the 
state implementation plan (SIP) revision submitted by the State of 
Maryland (Maryland) to address the infrastructure requirements of the 
2010 primary sulfur dioxide (SO2) national ambient air 
quality standard (NAAQS). EPA proposed disapproval of the interstate 
transport element of the SIP because it did not contain provisions 
prohibiting emissions from Maryland that were contributing 
significantly to or interfering with maintenance of the 2010 
SO2 NAAQS in another state. This action is being taken under 
the Clean Air Act (CAA).

DATES: The proposed rule, published on April 22, 2020 (85 FR 22381), 
proposing disapproval of the transport portion of Maryland's August 17, 
2016 SIP submission for the 2010 SO2 NAAQS, is withdrawn as 
of June 30, 2020.

Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2308. Ms. Powers can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On August 17, 2016, the Maryland Department 
of the Environment (MDE), on behalf of the State of Maryland, submitted 
a SIP revision to EPA to address all of the then applicable CAA section 
110(a)(2) requirements for the 2010 SO2 NAAQS. On June 16, 
2020, EPA approved this 2016 SIP submittal, known as an infrastructure 
SIP, except for certain elements related to nonattainment area 
requirements and the portion dealing with interstate transport of 
pollution (section 110(a)(2)(D)(i)(I)). 85 FR 36343. In the final 
rulemaking, EPA noted that it would take action on the interstate 
transport portion (110(a)(2)(D(i)(I)) at a later date. On April 22, 
2020 (85 FR 22381), EPA proposed to disapprove the interstate transport 
portion of Maryland's SO2 infrastructure SIP submission 
because that portion did not contain adequate provisions prohibiting 
SO2 emissions from stationary sources in Maryland which were 
contributing significantly to nonattainment with, or interfering with 
maintenance of, the 2010 SO2 NAAQS in another state. 
Specifically, EPA identified the Verso Luke Paper Mill (Luke) as the 
source contributing to violations of the SO2 NAAQS in West 
Virginia, based on ambient monitoring data from 2017 to 2019.
    Following publication of the proposed disapproval, EPA received 
from MDE, on May 8, 2020, a letter from Verso, the owner of the Luke 
facility, surrendering all of its CAA operating permits for the 
facility. The Verso letter is in the docket for this rulemaking action. 
The Luke facility had been shut down by Verso on June 30, 2019, and the 
surrender of its CAA permits means that the facility cannot return to 
operation without obtaining new CAA permits from Maryland. On this 
basis, EPA is withdrawing its April 22, 2020 proposed disapproval of 
the CAA section 110(a)(2)(D)(i)(I) interstate transport portion of 
Maryland's August 17, 2016 SIP submittal for the 2010 SO2 
NAAQS. EPA will consider this new information and publish a new 
proposal providing another opportunity for notice and comment after 
analyzing this recent development. Please note that EPA is not 
accepting comments on this withdrawal of the April 22, 2020 proposed 
disapproval. Any comments received on the proposed disapproval will be 
placed into any new docket related to a future action on the section 
110(a)(2)(D)(i)(I) element of the SO2 infrastructure SIP but 
will not be answered as part of this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Sulfur oxides.

    Dated: June 18, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-13584 Filed 6-29-20; 8:45 am]