[Federal Register Volume 86, Number 114 (Wednesday, June 16, 2021)]
[Proposed Rules]
[Pages 32006-32008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0052; FRL-10023-82-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Emissions Statement Requirement for the 2015 Ozone National 
Ambient Air Quality 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 2015 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 July 16, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0052 at https://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: Adam Yarina, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2108. Mr. Yarina can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 26, 2015, EPA revised the ozone NAAQS from 0.075 parts 
per million (ppm) to 0.070 ppm,\1\ and subsequently designated the 
Baltimore, MD, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, and 
Washington, DC-MD-VA areas as Marginal Nonattainment for the 2015 ozone 
NAAQS on June 4, 2018.\2\ These areas include the following Maryland 
counties: Anne Arundel, Baltimore, Baltimore City, Carroll, Harford, 
Howard, Cecil, Calvert, Charles, Frederick, Montgomery, and Prince 
George's counties.\3\ Section 182 of the CAA identifies plan 
submissions and requirements for ozone nonattainment areas. 
Specifically, section 182(a)(3)(B) 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 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
to the state. However, states may waive reporting requirements for 
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).
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    \1\ See 80 FR 65291.
    \2\ See 83 FR 25776.
    \3\ See 40 CFR 81.321.
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    Additionally, Maryland is located in the ozone transport region 
(OTR)

[[Page 32007]]

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 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 certain plan 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 NOX 
for states with moderate (or worse) ozone nonattainment areas. A major 
stationary source of NOX is defined as a 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). 
Because Maryland is in the OTR, stationary sources located in 
attainment areas in Maryland and which emit above 50 tpy of VOC or 100 
tpy of NOX are considered major sources and also subject to 
the requirements of major stationary sources in moderate (or worse) 
nonattainment areas, including the emissions statement submission 
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and 
184(b)(2).
    On July 6, 2020, the State of Maryland, through the Maryland 
Department of the Environment (MDE), submitted a SIP revision to 
satisfy the emissions statement requirement of CAA section 182(a)(3)(B) 
for the 2015 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On October 12, 1994 (59 FR 51517), EPA first approved Maryland's 
SIP submittal satisfying CAA section 182(a)(3)(B) and has approved 
submissions for section 182(a)(3)(B) for each succeeding revision of 
the ozone NAAQS. Maryland's emissions reporting requirements are 
codified in Code of Maryland Regulations (COMAR) 26.11.01.05-1 
``Emissions Statements.'' COMAR 26.11.01.05-1 requires sources that 
emit above specified thresholds of NOX or VOC to submit an 
emissions statement to the State. The emissions threshold for reporting 
varies according to the county in which the source is located. The 
statement must be submitted by a certified individual who can verify 
the source's actual emissions.
    COMAR 26.11.01.05-1.A(1) requires a person who owns or operates any 
installation, source, or premises that emits 25 tons or more of 
NOX or VOC during a calendar year and is located in 
Baltimore City or the counties of Anne Arundel, Baltimore, Calvert, 
Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, Montgomery, 
Prince George's, or Queen Anne's to submit an emissions statement to 
the state. These counties are included in various ozone nonattainment 
areas. See 40 CFR 81.321. Per CAA section 182(a)(3)(B)(ii), states may 
waive this requirement for sources that emit less than 25 tpy of 
NOX or 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 provides emissions inventories for nonattainment 
areas as required by CAA sections 172(c)(3) and 182(a)(3)(B).\4\
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    \4\ The Maryland Department of the Environment has previously 
formally submitted base year 2017 emissions inventories for: The 
Baltimore, MD 2015 Ozone NAAQS Nonattainment Area; the Cecil County, 
MD 2015 Ozone NAAQS Nonattainment Area; and the Washington DC-MD-VA 
2015 Ozone NAAQS Nonattainment Area.
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    COMAR 26.11.01.05-1 also requires a person who owns or operates any 
installation, source, or premises that emits 50 tons or more of VOC or 
100 tons or more of NOX during a calendar year to submit an 
emissions statement if they are located in the following counties: 
Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
Washington, Wicomico, or Worcester Counties. These counties are 
designated attainment/unclassifiable for the 2015 ozone NAAQS but 
within the OTR; therefore, sources in attainment areas for the 2015 
ozone NAAQS that emit 50 tpy or more of VOC or 100 tpy or more of 
NOX are considered major sources and subject to the 
requirements for major stationary sources applicable to moderate 
nonattainment areas. Because the requirements for moderate 
nonattainment areas include all the requirements for marginal areas, 
major sources in these areas are also subject to the emission statement 
submission requirement specified in CAA section 182(a)(3)(B).\5\
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    \5\ See CAA sections 182(f) and 184(b)(2).
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    In Maryland's July 6, 2020 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 2015 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.\6\ 
EPA is proposing to find that COMAR 26.11.01.05-1 continues to satisfy 
CAA 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 that Maryland's emissions 
thresholds for stationary 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).\7\ 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.
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    \6\ See 59 FR 51517 (October 12, 1994).
    \7\ See also ``Guidance on the Implementation of an Emission 
Statement Program (July 1992).''
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III. Proposed Action

    EPA is proposing to approve the May 12, 2020 Maryland SIP revision, 
submitted on July 6, 2020, 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 2015 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);
     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.);

[[Page 32008]]

     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 rulemaking, 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: May 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-11924 Filed 6-15-21; 8:45 am]
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