[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24546-24549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10912]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0238; FRL-9962-73-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Nitrogen Oxide Emissions From Coal-Fired Electric
Generating Units
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 consists of a Maryland regulation that regulates nitrogen
oxides (NOX) emissions from coal-fired electric generating
units (EGUs) in the State. EPA is approving this revision in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on June 29, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
[[Page 24547]]
Number EPA-R03-OAR-2016-0238. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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
https://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 January 11, 2017 (82 FR 3233), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA
proposed approval of a Maryland regulation to control emissions of
NOX from coal fired EGUs. The formal SIP revision (#15-06)
was submitted by the Maryland Department of the Environment (MDE) on
November 20, 2015. On September 8, 2016, MDE provided a letter to EPA
to clarify that the November 20, 2015 submission was submitted as a SIP
strengthening measure and not as a submission to address reasonably
available control technology (RACT) requirements for coal-fired EGUs.
As noted in the NPR, this action pertains only to the changes to
COMAR 26.11.38 that were submitted by MDE on November 20, 2015 with a
State effective date of August 31, 2015, namely COMAR 26.11.38.01-.05.
Subsequent revisions and amendments to this regulation have been made
by MDE, but have not yet been submitted to EPA for incorporation into
the Maryland SIP.
II. Summary of SIP Revision
The revision consists of Maryland regulation COMAR 26.11.38--
Control of NOX Emissions from Coal-Fired Electric Generating
Units (effective August 31, 2015). The regulation establishes
NOX emissions standards for 14 EGUs at 7 coal-fired power
plants, and requires an affected EGU to minimize NOX
emissions by operating and optimizing the use of all installed
pollution controls and combustion controls during all times that the
unit is in operation while burning coal. Additional monitoring and
recordkeeping are required to demonstrate compliance with these
requirements, and the owner or operator is required to submit a plan to
MDE and to EPA for approval, which summarizes the data to be collected
and make a showing that each affected EGU is operating its installed
controls. Other specific requirements of COMAR 26.11.38 and the
rationale supporting EPA's proposed rulemaking action are explained in
the NPR and Technical Support Document (TSD) supporting EPA's analysis
for approval of Maryland's regulation into the SIP and will not be
restated here. The NPR and TSD are available in the docket for this
rulemaking at https://www.regulations.gov, Docket ID Number EPA-R03-
OAR-2016-0238.
III. Public Comments and EPA's Responses
EPA received two anonymous comments on the January 11, 2017
proposed approval of COMAR 26.11.38 for the Maryland SIP.
Comment 1: One commenter expressed support for strengthening the
NOX emissions limits in Maryland.
Response 1: EPA thanks the commenter for the submitted statement.
Comment 2: Another commenter expressed support for the proposed
rulemaking as a SIP strengthening measure needed to reduce pollution
and to meet the requirements of the national ambient air quality
standards (NAAQS) ``to keep the air clean.'' However, the commenter
also stated, ``This regulation was submitted as a SIP strengthening
measure which seems to be necessary because of how it does not include
nitrogen oxides (NOX) emissions from seven coal-fired
electric generating units which is a great amount.'' The commenter also
stated it is an important measure to regulate clean air in ``already
polluted skies'' and acknowledged this regulation was SIP strengthening
and was not submitted to meet RACT requirements.
Response 2: EPA thanks the commenter for supporting our approval of
the Maryland regulation into the State's SIP. EPA notes that the
commenter is incorrect in stating that COMAR 26.11.38, entitled
``Control of Nitrogen Oxides Emissions from Coal Fired Electric
Generating Units,'' does not apply to NOX emissions from
seven coal-fired EGUs. The language of COMAR 26.11.38 specifically
contains NOX limitations for these EGUs as well as other
control measures related to NOX emissions ass discussed in
the NPR and TSD. As EPA discussed in the NPR, because NOX is
a precursor to ozone formation, the NOX limitations and
measures for these EGUs identified in COMAR 26.11.38 will reduce
NOX emissions and ozone formation in Maryland which should
assist Maryland with attaining and maintaining the ozone NAAQS.
Finally, the commenter correctly acknowledged that Maryland had not
submitted COMAR 26.11.38 for SIP inclusion to address any RACT
requirements which Maryland confirmed with its September 8, 2016 letter
to EPA. The September 8, 2016 letter is available in the docket for
this rulemaking. EPA expects subsequent rulemaking action on Maryland's
obligations for RACT under the 2008 ozone NAAQS.
III. Final Action
EPA is approving Maryland regulation COMAR 26.11.38, submitted in
the November 20, 2015 SIP submission, which has a state effective date
of August 31, 2015, as a revision to the Maryland SIP as a SIP
strengthening measure in accordance with section 110 of the CAA. COMAR
26.11.38.01-.05 imposes NOX emissions limits on coal fired
EGUs subject to the regulation, and EPA expects the regulation will
lower NOX emissions within the State which should reduce
ozone formation. The NOX emissions limits plus the operation
and optimization of the existing NOX controls whenever the
units are in operation strengthens the Maryland SIP and will help the
State's attainment and maintenance of the ozone NAAQS.
IV. Incorporation by Reference
In this rule, 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 Maryland
regulation COMAR 26.11.38.01-.05 described in the amendments to 40 CFR
part 52 set forth below. 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 by the Director
of the Federal Register in the next update to the SIP compilation.\1\
EPA has made, and will continue to make, these materials generally
available through http://www.regulations.gov and/or at the EPA Region
III Office (please contact the person identified in the ``For Further
[[Page 24548]]
Information Contact'' section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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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 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 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 July 31, 2017. 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 Maryland regulation COMAR 26.11.38 into
the Maryland SIP 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirement.
Dated: May 5, 2017.
Cecil Rodrigues,
Acting 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 adding
the heading ``26.11.38 Control of Nitrogen Oxide Emissions from Coal-
Fired Electric Generating Units'' and the entries ``26.11.38.01 through
26.11.38.05'' in numerical order to read as follows:
Sec. 52.1070 Identification of plan.
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(c) * * *
EPA-Approved Regulations, Technical Memoranda, And Statutes In The Maryland Sip
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Code of Maryland Administrative State Additional explanation/ citation at
Regulations (COMAR) citation Title/subject effective date EPA approval date 40 CFR 52.1100
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26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
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26.11.38.01...................... Definitions.............. 8/31/2015 5/30/2017 [Insert Federal Register
citation].
26.11.38.02...................... Applicability............ 8/31/2015 5/30/2017 [Insert Federal Register
citation].
26.11.38.03...................... 2015 NOX Emission Control 8/31/2015 5/30/2017 [Insert Federal Register
Requirements. citation].
[[Page 24549]]
26.11.38.04...................... Compliance Demonstration 8/31/2015 5/30/2017 [Insert Federal Register
Requirements. citation].
26.11.38.05...................... Reporting Requirements... 8/31/2015 5/30/2017 [Insert Federal Register
citation].
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[FR Doc. 2017-10912 Filed 5-26-17; 8:45 am]
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