[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31887-31889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11844]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0054; FRL-9946-67-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Emissions From Various Processes and Fuel-Burning
Equipment From Kraft Pulp Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a revision to the Maryland state implementation
plan (SIP) submitted by the Maryland Department of the Environment
(MDE) on October 15, 2014. The SIP revision adds and amends regulations
in the SIP which control emissions from various processes and fuel-
burning equipment at Kraft pulp mills. The SIP revision includes the
following: (1) A new definition for ``NOX Ozone Season
Allowance;'' (2) a new regulation with nitrogen oxides (NOX)
limits for fuel-burning equipment located at Kraft pulp mills; (3) a
removal and relocation of existing NOX reasonably available
control technology (RACT) requirements for Kraft pulp mills into
another Maryland regulation; and (4) a revised regulation which
clarifies the volatile organic compound (VOC) control system and
emission requirements for several process installations at Kraft pulp
mills. EPA proposes a conditional approval because the new Maryland
definition references the defunct Clean Air Interstate Rule (CAIR) and
because MDE provided a commitment to remove all references to CAIR
within the definition of ``NOX Ozone Season Allowance'' and
submit a revised definition as a new SIP revision, no later than a year
from EPA finalizing this conditional approval. Upon timely meeting of
this commitment, EPA will propose to convert the conditional approval
of the SIP revision to a final approval. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments on EPA's proposed conditional approval must be
received on or before June 20, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0054 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, the 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 Becoat, (215) 814-2036, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On October 15, 2014, EPA received a revision
to the State of Maryland's SIP submitted by MDE. The SIP revision
includes Maryland regulations which control emissions from various
processes and fuel-burning equipment at Kraft pulp mills and which
clarify the VOC control system and requirements for several process
installations at Kraft pulp mills.
I. Background
In the October 15, 2014 SIP revision, MDE's submittal included a
definition for ``NOX Ozone Season Allowance'' which
references a defunct CAA program, CAIR. EPA discussed with MDE the need
to remove all references to CAIR within the definition of
``NOX Ozone Season Allowance,'' for EPA to approve the
October 15, 2014 SIP revision.
In May 2005, EPA promulgated CAIR which required certain states to
reduce emissions of sulfur dioxide (SO2) and NOX
that significantly contribute to downwind nonattainment of the 1997
national ambient air quality standard (NAAQS) for fine particulate
matter (PM2.5) and ozone. 70 FR 25162 (May 12, 2005). After
litigation in the United States Court of Appeals for the D.C. Circuit
(D.C. Circuit) which remanded CAIR to EPA, EPA promulgated the Cross
State Air Pollution Rule (CSAPR) to replace CAIR and to help states
reduce air pollution and attain CAA standards. 76 FR 48208 (August 8,
2011).\1\ In subsequent, additional litigation, CSAPR was initially
vacated by the D.C. Circuit but upheld by the U.S. Supreme Court. EPA
v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA began
implementing CSAPR in January 2015 as CAIR's replacement. See 79 FR
71663 (December 3, 2014) (interim final rulemaking issued after DC
Circuit lifted stay on CSAPR).\2\
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\1\ CSAPR requires substantial reductions of SO2 and
NOx emissions in 28 states in the eastern United States that
significantly contribute to downwind nonattainment of the 1997
PM2.5 and ozone NAAQS and 2006 PM2.5 NAAQS.
\2\ Thus, after December 31, 2014, CAIR was replaced by CSAPR
and was a defunct, moot CAA program no longer implemented by EPA.
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On September 29, 2015, EPA received a supplemental letter from MDE
committing to remove all references to CAIR within the definition of
``NOX Ozone Season Allowance,'' as a SIP revision, no later
than a year from EPA finalizing our conditional approval of the SIP
submittal. Upon final approval of the revised definition of
``NOX Ozone Season Allowance'' as a SIP revision, EPA will
convert the conditional approval of the October 15, 2014 SIP submission
with the regulations and requirements for Kraft pulp mills to a full
approval.
II. Summary of SIP Revision
MDE's SIP revision includes amended and new regulations in order to
control emissions from various processes and fuel-burning equipment at
Kraft pulp mills. The SIP revision submittal includes an amendment to
the Code of Maryland Regulations (COMAR) 26.11.01.01--``General
Administrative Provisions'' in order to add a definition for
``NOX Ozone Season Allowance.'' This definition was added to
the COMAR by Maryland because the NOX emission limitations
for the Kraft pulp mills rely on use of NOX allowances.
Because the definition in COMAR 26.11.01.01 makes references to CAIR
which sunset on December 31, 2014 as
[[Page 31888]]
EPA is now implementing CSAPR, EPA cannot fully approve the definition
for ``NOX Ozone Season Allowance.'' MDE has committed to
remove references to CAIR and submit a revised definition in a separate
SIP submittal. The October 15, 2014 SIP revision also seeks to add to
the SIP COMAR 26.11.14.07--``Control of NOX Emissions from
Fuel Burning Equipment'' in order to: (1) Establish the applicability
and NOX emission standards to any fuel burning equipment
with a maximum design heat input capacity of greater than 250 million
British thermal unit (Btu) per hour located at any Kraft pulp mill; (2)
establish NOX emission limits for Kraft pulp mills including
an emission rate of 0.70 pounds of NOX per million Btu, an
emission limit of 947 tons of NOX during the period May 1
through September 30 of each year, and an emission rate of 0.99 pounds
of NOX per million Btu during the period of October 1
through April 30 of each year; (3) establish the requirements for
demonstrating compliance with the NOX limits; (4) permit
pulp mills to secure up to 95 allowances for each period in which a
mill exceeds the 947 ton emission cap from May through September 30 of
each year; (5) specify the process of achieving compliance through the
use of allowances; and (6) establish monitoring and reporting
requirements. The NOX emission limitations of 0.70 pounds of
NOX per million Btu from May 1 through September 30 of each
year and 0.99 pounds of NOX per million Btu during the
period of October 1 through April 30 of each year were previously
included in COMAR 26.11.09.08 and are already included in the Maryland
SIP. See 69 FR 56170 (September 20, 2004). Thus, these provisions are
not new to the SIP, but merely relocated. Pursuant to the
NOX SIP Call at COMAR 26.11.29 and .30, the sole Kraft pulp
mill in Maryland was allocated 947 allowances for NOX
emissions. COMAR 26.11.29 and .30 are in the existing Maryland SIP.
With this SIP revision, Maryland seeks to include the 947 ton
NOX cap in the Maryland SIP at COMAR 26.11.14.07. Thus, the
October 15, 2014 SIP revision simply relocates the 947 ton
NOX cap within the Maryland SIP.
The SIP revision also includes an amended COMAR 26.11.09.08--
``Control of NOX Emissions for Major Stationary Sources'' in
order to remove from this provision subsection (C)(h) which has
NOX requirements for the fuel burning equipment at non-
electric generating facilities. Maryland requests removal of this
subsection (C)(h) of COMAR 26.11.09.08 from the Maryland SIP because
the NOX requirements for pulp mills to meet a NOX
emissions rate of 0.70 pounds per million Btu during the period May 1
to September 30 of each year and 0.99 during the period October 1
through April 30 of each year have been relocated to COMAR 26.11.14.07.
Finally, the SIP revision also includes a revised COMAR
26.11.14.06--``Control of Volatile Organic Compounds'' in order to: (1)
Clarify that air emissions from brown stock washers are to be collected
and combusted; (2) clarify that evaporators, digester blow tank
systems, and brown stock wasters shall be controlled by removing 90
percent (90%) or more of the condensate VOC loading by demonstrating a
VOC removal or destruction efficiency of the condensate stream stripper
of 90% or greater or a system analysis of these units; and (3) specify
approvable testing methods to demonstrate the collective VOC removal
efficiency of the condensate steam stripper and other control systems
as required. This provision will reduce VOC emissions from Kraft pulp
mills and will strengthen the Maryland SIP.
A full explanation of the SIP revision and EPA's analysis of the
revision are contained in the technical support document (TSD) prepared
in support of this proposed rulemaking. A copy of this TSD is located
in the docket of this proposed rulemaking and is available online at
www.regulations.gov.
III. Proposed Action
EPA is proposing to conditionally approve the Maryland October 15,
2014 SIP revision concerning the regulations and requirements to
control NOX and VOC emissions from various processes and
fuel-burning equipment at Kraft pulp mills as it strengthens the SIP
with provisions related to controlling emissions of NOX and
VOC. Pursuant to section 110(k)(4) of the CAA, EPA's proposal is to
conditionally approve the October 15, 2014 SIP revision because
Maryland committed in a letter dated September 29, 2015 to submit to
EPA a SIP revision removing all references to CAIR, a defunct CAA
program, within the definition of ``NOX Ozone Season
Allowance'' in COMAR 26.11.01.01, no later than a year from EPA
finalizing our conditional approval.
When EPA approves the revised definition of ``NOX Ozone
Season Allowance'' in COMAR 26.11.01.01, EPA will remove the
conditional nature of its approval, and the October 15, 2014 SIP
revision will, at that time, receive a full approval status. Should MDE
fail to meet the condition specified in this rulemaking action, the
final conditional approval of the SIP revision will convert to a
disapproval. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
IV. Incorporation by Reference
In this proposed rulemaking action, 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 revisions to COMAR 26.11.01.01,
COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 26.11.14.06 as
previously discussed. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or may be viewed at the appropriate EPA office
(see the ADDRESSES 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);
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
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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, pertaining to the regulations and
requirements for the control of emissions from various processes and
fuel-burning equipment from Kraft pulp mills, 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 3, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-11844 Filed 5-19-16; 8:45 am]
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