[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39968-39970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16918]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2014-0833; FRL-9930-31-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Preconstruction Requirements--Nonattainment New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted on August 22, 2013 by the
Maryland Department of the Environment (MDE) on behalf of the State of
Maryland. This revision pertains to Maryland's major nonattainment New
Source Review (NSR) program, notably preconstruction permitting
requirements for sources of fine particulate matter (PM2.5).
This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on August 12, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0833. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 25, 2015 (80 FR 15713), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed
approval of revisions to Maryland's major nonattainment NSR program,
notably preconstruction permitting requirements for sources of fine
particulate matter (PM2.5). The formal SIP revision (#13-06)
was submitted by MDE on August 22, 2013.
Generally, the revisions incorporate provisions related to the 2008
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR
PM2.5 Rule). 73 FR 28321 (May 16, 2008). As discussed in the
NPR, the 2008 NSR PM2.5 Rule (as well as the 2007 ``Final
Clean Air Fine Particle Implementation Rule'' (2007 PM2.5
Implementation Rule) \1\), was the subject of litigation before the
United States Court of Appeals for the District of Columbia Circuit
(D.C. Circuit) in Natural Resources Defense Council v. EPA (hereafter,
NRDC v. EPA).\2\ On January 4, 2013, the D.C. Circuit remanded to EPA
both the 2007 PM2.5 Implementation Rule and the 2008 NSR
PM2.5 Rule. The court found that in both rules EPA erred in
implementing the 1997 PM2.5 National Ambient Air Quality
Standard (NAAQS) solely pursuant to the general implementation
provisions of subpart 1 of part D of title I of the CAA (subpart 1),
rather than pursuant to the additional implementation provisions
specific to particulate matter in subpart 4 of part D of title I
(subpart 4).\3\ However, as was also discussed in the NPR, EPA's final
actions redesignating all of the areas in Maryland which were
nonattainment for the 1997 PM2.5 NAAQS to attainment
obviated the need for MDE to submit a nonattainment NSR SIP addressing
PM2.5 requirements, including those under subpart 4. See 80
FR 15714. EPA, therefore, did not evaluate MDE's August 22, 2013 SIP
revision submittal for compliance with subpart 4. To the extent that
any area in Maryland is designated as nonattainment for
PM2.5 in the future, MDE will have to make a submittal under
CAA section 189 addressing how its nonattainment NSR permitting program
satisfies all of the statutory requirements pertaining to
PM2.5, including subpart 4.
---------------------------------------------------------------------------
\1\ 72 FR 20586 (April 25, 2007).
\2\ 706 F.3d 428 (D.C. Cir. 2013).
\3\ The court's opinion did not specifically address the point
that implementation under subpart 4 requirements would still require
consideration of subpart 1 requirements, to the extent that subpart
4 did not override subpart 1. EPA assumes that the court presumed
that EPA would address this issue of potential overlap between
subpart 1 and subpart 4 requirements in subsequent actions.
---------------------------------------------------------------------------
II. Summary of SIP Revision
The 2008 NSR PM2.5 Rule: (1) Required NSR permits to
address directly emitted PM2.5 and precursor pollutants; (2)
established significant emission rates for direct PM2.5 and
precursor pollutants (including sulfur dioxide (SO2) and
oxides of nitrogen (NOX)); (3) established PM2.5
emission offsets; and (4) required states to account for gases that
condense to form particles (condensables) in PM2.5 emission
limits.
To implement these provisions, Maryland amended Regulation .01
under COMAR 26.11.01 (General Administrative Provisions) and
Regulations .01 and .02 under COMAR 26.11.17 (Nonattainment Provisions
for Major New Sources and Major Modifications). The general definitions
at COMAR 26.11.01.01 were amended to add definitions of
``PM2.5'' and ``PM2.5 emissions.'' COMAR 26.11.17
contains the preconstruction requirements for new major stationary
sources and major modifications locating in nonattainment areas. The
definitions of ``regulated NSR pollutant'' and ``significant'' under
COMAR 26.11.17.01 were amended. The amended definitions require that
sources account for the condensable fraction of PM10 and
PM2.5, require that NOX and SO2 be
regulated as precursors to PM10 and PM2.5, and
establish
[[Page 39969]]
significant emission rates (SERs) for PM2.5 and its
precursors. COMAR 26.11.17.02 was revised to specify that all of the
major nonattainment NSR preconstruction requirements of the chapter are
applicable to new major stationary sources and major modifications that
are major for PM2.5 or its precursors. COMAR 26.11.17.02 was
also revised to clarify that in addition to the requirements of that
chapter, the Prevention of Significant Deterioration (PSD) requirements
of COMAR 26.11.04.16 may also apply to sources locating in
nonattainment areas.
Other specific requirements of MDE's August 22, 2013 SIP revision
submittal and the rationale for EPA's proposed action are explained in
the NPR and will not be restated here. No public comments were received
on the NPR.
III. Final Action
EPA is approving MDE's August 22, 2013 submittal as a revision to
the Maryland SIP.
IV. Incorporation by Reference
In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the MDE rules regarding definitions and permitting
requirements discussed in section II of this preamble. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
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 Order
12866 (58 FR 51735, October 4, 1993);
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 September 11, 2015. 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 pertaining to Maryland's nonattainment NSR program
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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 26, 2015.
William C. Early,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations 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 revising
the entries for COMAR 26.11.01.01, 26.11.17.01, and 26.11.17.02 to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 39970]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional
Code of Maryland State explanation/
Administrative Regulations Title/subject effective date EPA approval date citation at 40 CFR
(COMAR) citation 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01.................... Definitions......... 7/8/13 7/13/15 [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01.................... Definitions......... 7/8/13 7/13/15 [Insert
Federal Register
citation].
26.11.17.02.................... Applicability....... 7/8/13 7/13/15 [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-16918 Filed 7-10-15; 8:45 am]
BILLING CODE 6560-50-P