[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38110-38112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16603]
[[Page 38110]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0508; FRL-9981-69--Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Under the 2008 Ozone National Ambient Air
Quality Standard (NAAQS)
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. The State of Maryland's SIP revision satisfies the
volatile organic compound (VOC) reasonably available control technology
(RACT) requirements under the 2008 8-hour ozone national ambient air
quality standard (NAAQS). The State of Maryland will address RACT for
oxides of nitrogen (NOX) in another SIP submission.
Maryland's RACT submittal for the 2008 ozone NAAQS includes (1)
certification that previously adopted RACT controls in Maryland's SIP
that were approved by EPA under the 1-hour ozone and 1997 8-hour ozone
NAAQS are based on the currently available technically and economically
feasible controls, and that they continue to represent RACT; (2) a
negative declaration demonstrating that no facilities exist in the
state for the applicable control technique guideline (CTG) categories;
and (3) adoption of new or more stringent RACT determinations. This
action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 4,
2018.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2018-0508 at http://www.regulations.gov, or via email to
spielberger.susan@epa.gov. 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: Gregory A. Becoat, (215) 814-2036, or
by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: On August 18, 2016, the Maryland Department
of the Environment (MDE) submitted a revision to its SIP that addresses
the requirements of RACT under the 2008 8-hour ozone NAAQS.
I. Background
A. General
Ozone is formed in the atmosphere by photochemical reactions
between VOCs and NOX in the presence of sunlight. In order
to reduce these ozone concentrations, the CAA requires control of VOC
and NOX emission sources to achieve emission reductions in
moderate or more serious ozone nonattainment areas. Among effective
control measures, RACT controls significantly reduce VOC and
NOX emissions from major stationary sources.
RACT is defined as the lowest emission limitation that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility.\1\ Section 172(c)(1) of the CAA provides that SIPs for
nonattainment areas must include reasonably available control measures
(RACM) for attainment of the NAAQS, including emissions reductions from
existing sources through adoption of RACT. A major source in a
nonattainment area is defined as any stationary source that emits or
has the potential to emit NOX or VOC emissions above a
certain applicability threshold that is based on the ozone
nonattainment classification of the area: Marginal, Moderate, Serious,
or Severe. See ``major stationary source'' in CAA sections 182(b),
184(b) and 302. Sections 182(b)(2) and 182(f)(1) of the CAA require
states with moderate (or worse) ozone nonattainment areas to implement
RACT controls on all stationary sources and source categories covered
by a CTG document issued by EPA and on all major sources of VOC and
NOX emissions located in the area. EPA's CTGs establish
presumptive RACT control requirements for various VOC source
categories. The CTGs typically identify a particular control level that
EPA recommends as being RACT. In some cases, EPA has issued Alternative
Control Techniques guidelines (ACTs) primarily for NOX
source categories, which in contrast to the CTGs, only present a range
for possible control options but do not identify any particular option
as the presumptive norm for what is RACT. Section 183(c) of the CAA
requires EPA to revise and update CTGs and ACTs as the Administrator
determines necessary. EPA issued eleven new CTGs from 2006 through 2008
for a total of 44 CTGs issued since November 1990. States are required
to implement RACT for the source categories covered by CTGs through the
SIP.
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\1\ See December 9, 1976 memorandum from Roger Strelow,
Assistant Administrator for Air and Waste Management, to Regional
Administrators, ``Guidance for Determining Acceptability of SIP
Regulations in Non-Attainment Areas.'' see also 44 FR 53761, 53762
(September 17, 1979).
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Section 184(a) of the CAA established a single ozone transport
region (OTR), comprising all or part of 12 eastern states and the
District of Columbia.\2\ The entire State of Maryland is part of the
OTR and, therefore, must comply with the RACT requirements in section
184(b)(1)(B) and (2) of the CAA. Specifically, section 184(b)(1)(B)
requires the implementation of RACT in OTR states with respect to all
sources of VOC covered by a CTG. Additionally, section 184(b)(2) states
that any stationary source with the potential to emit 50 tons per year
(tpy) of VOCs shall be considered a major source and requires the
implementation of major stationary source requirements in the OTR
states as if the area were a moderate nonattainment area. A major
source in a nonattainment area is defined as any stationary source that
emits or has the potential to emit NOX or VOC emissions
above a certain applicability threshold that is based on the ozone
nonattainment classification of the area: Marginal, Moderate, Serious,
or Severe. See ``major stationary source'' in CAA sections 182(b) and
184(b).
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\2\ Only a portion of the Commonwealth of Virginia is included
in the OTR.
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[[Page 38111]]
B. Maryland's History
Maryland has been subject to the CAA RACT requirements because of
previous ozone nonattainment designations. The Baltimore (which
includes Anne Arundel, Baltimore, Carroll, Harford, and Howard
Counties, MD, and Baltimore City, MD), Washington DC (which includes
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties,
MD), and Philadelphia (which includes Cecil County, MD) nonattainment
areas were designated as severe 1-hour ozone nonattainment areas. Kent
and Queen Anne's Counties, MD were designated as a marginal 1-hour
ozone nonattainment area. The remaining Maryland counties were
statutorily identified as moderate nonattainment because they are in
the OTR. Since the early 1990s, Maryland has implemented numerous RACT
controls throughout the State to meet the CAA's RACT requirements under
the 1-hour and the 1997 8-hour ozone standards. Maryland also
implemented controls necessary to meet the requirements of the
NOX SIP Call (40 CFR 51.121). Under the 1997 8-hour ozone
NAAQS, the Baltimore, Washington DC, and Philadelphia areas were
designated as serious nonattainment areas. Kent and Queen Anne's
Counties, MD were designated as a marginal ozone nonattainment area.
The remaining Maryland counties were statutorily identified as moderate
nonattainment because they are in the OTR. As a result, Maryland
continued to be subject to the CAA RACT requirements. See 69 FR 23858,
23931 (April 30, 2004). Maryland revised and promulgated its RACT
regulations and demonstrated that it complied with the 1997 CAA RACT
requirements in a SIP revision approved by EPA on July 13, 2012 (77 FR
41278).
Under CAA section 109(d), EPA is required to periodically review
and promulgate, as necessary, revisions to the NAAQS to continue to
protect human health and the environment. On March 27, 2008, EPA
revised the 1997 8-hour ozone standard by lowering the 8-hour standard
to 0.075 ppm level (73 FR 16436). On May 21, 2012, EPA finalized
attainment/nonattainment designations for the 2008 8-hour ozone NAAQS
(77 FR 30087). Under the 2008 8-hour ozone standard, EPA designated as
nonattainment three areas that contain portions of Maryland. These
nonattainment areas are: The Baltimore moderate nonattainment area; the
Washington DC marginal nonattainment area; and the Philadelphia
marginal nonattainment area. All other remaining Maryland counties are
part of the OTR. As a result, the entire State of Maryland is required
to address the CAA RACT requirements by submitting to EPA a SIP
revision that demonstrates how Maryland meets RACT requirements under
the revised 2008 ozone standard. Maryland is required to implement RACT
for the 2008 ozone NAAQS on all VOC sources covered by a CTG issued by
EPA, as well as all other major stationary sources located within the
state boundaries. The RACT requirements under CAA sections 182 and 184
apply to CTG sources, including eleven new CTGs that EPA issued between
2006 and 2008, and any other major stationary sources of VOC or
NOX. Maryland has retained its major source thresholds at 25
tpy for VOC and NOX sources in the Baltimore, Washington,
DC, and Philadelphia severe 1-hour ozone nonattainment areas. Maryland
has retained its major source thresholds at 50 tpy for VOC and 100 tpy
for NOX in all remaining Maryland counties, consistent with
the CAA requirements for States in the OTR.
C. EPA Guidance and Requirements
EPA has provided more substantive RACT requirements through final
implementation rules for each ozone NAAQS, as well as guidance. On
March 6, 2015, EPA issued its final rule for implementing the 2008 8-
hour ozone NAAQS (the 2008 Ozone Implementation Rule). See 80 FR 12264.
This rule addressed, among other things, control and planning
obligations as they apply to nonattainment areas under the 2008 8-hour
ozone NAAQS, including RACT and RACM. In this rule, EPA specifically
required that states meet the RACT requirements either (1) through a
certification that previously adopted RACT controls in their SIP
revisions approved by EPA under a prior ozone NAAQS continue to
represent adequate RACT control levels for attainment of the 2008 8-
hour ozone NAAQS, or (2) through the adoption of new or more stringent
regulations or controls that represent RACT control levels. A
certification must be accompanied by appropriate supporting information
such as consideration of information received during the public comment
period and consideration of new data. Adoption of new RACT regulations
will occur when states have new stationary sources not covered by
existing RACT regulations, or when new data or technical information
indicates that a previously adopted RACT measure does not represent a
newly available RACT control level. Additionally, states are required
to submit a negative declaration if there are no CTG major sources of
VOC and NOX emissions within the nonattainment area in lieu
of, or in addition to, a certification.
II. Summary of SIP Revision
On August 18, 2016 Maryland submitted a SIP revision to address all
of the CAA RACT requirements of RACT set forth by the CAA under for the
2008 8-hour ozone NAAQS (the 2016 RACT Submission). Specifically,
Maryland's 2016 RACT Submission includes: (1) A certification that for
certain categories of sources, previously-adopted VOC RACT controls in
Maryland's SIP that were approved by EPA under the 1979 1-hour and 1997
8-hour ozone NAAQS continue to be based on the currently available
technically and economically feasible controls, and continue to
represent RACT for implementation of the 2008 8-hour ozone NAAQS; (2)
the adoption of new or more stringent regulations or controls that
represent RACT control levels for certain categories of sources; and
(3) a negative declaration that certain CTG or non-CTG major sources of
VOC sources do not exist in Maryland.
Most of Maryland's Regulations and Statutes, under Code of Maryland
Regulations (COMAR) 26.11.06, 26.11.10, 26.11.11, 26.11.13, 26.11.14,
26.11.19 and 26.11.24, contain the VOC RACT controls that were
implemented and approved into Maryland's SIP under the 1-hour and 1997
8-hour ozone NAAQS. Maryland also relies on COMAR 26.11.06.06--
``General Emissions Standards, Prohibitions, and Restrictions--Volatile
Organic Compounds,'' to achieve significant reductions from unique VOC
sources. Maryland is certifying that these regulations, all previously
approved by EPA into the SIP, continue to meet the RACT requirements
for the 2008 8-hour ozone NAAQS for major stationary sources of VOCs
and CTG-covered sources of VOCs. Maryland also submitted a negative
declaration for the CTGs that have not been adopted due to no affected
facilities in Maryland, and included Alternative Control Technology
(ACTs) in their review of applicable 2008 8-hour ozone RACT
requirements. Maryland considered controls on other sources of VOCs not
covered by a CTG and adopted rules whenever deemed to be reasonably
available controls. Additionally, Maryland conducted a RACT analysis
for each major Non-CTG stationary source of VOC. As previously
discussed, Maryland retained its major source levels at 25 tpy for VOC
sources in the Baltimore, Washington, DC and
[[Page 38112]]
Philadelphia 1-hour severe nonattainment areas. All remaining counties
which are part of the OTR major source levels remain at 50 tpy for VOC.
More detailed information on these provisions as well as a detailed
summary of EPA's review can be found in the Technical Support Document
(TSD) for this action which is available on line at
www.regulations.gov, Docket number EPA-R03-OAR-2018-0508.
III. Proposed Action
EPA has reviewed Maryland's 2016 RACT Submission and is proposing
to approve Maryland's SIP revision on the basis that Maryland has met
the RACT requirements for the 2008 8-hour ozone NAAQS as set forth by
sections 182(b) and 184(b)(2) of the CAA. Maryland's SIP revision
satisfies the 2008 8-hour ozone NAAQS RACT requirements through (1)
certification that previously adopted RACT controls in Maryland's SIP
that were approved by EPA under the 1-hour ozone and 1997 8-hour ozone
NAAQS continue to be are based on the currently available technically
and economically feasible controls, and that they continue to represent
RACT; (2) a negative declaration demonstrating that no facilities exist
in the state for certain the applicable CTG categories; and (3)
adoption of new or more stringent RACT determinations when technically
and economically feasible. EPA finds that Maryland's 2016 RACT
Submission demonstrates that the State has adopted air pollution
control strategies that represent RACT for the purposes of compliance
with the 2008 8-hour ozone standard for all major stationary sources of
VOC. EPA finds that Maryland's SIP implements RACT with respect to all
sources of VOCs covered by a CTG issued prior to July 20, 2014, as well
as represents RACT for all CTG VOC major stationary sources. EPA is
soliciting public comments on the issues discussed in this document
relevant to RACT requirements for Maryland for the 2008 ozone NAAQS.
These comments will be considered before taking final action.
IV. Incorporation by Reference
In this proposed rule, 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 source-specific RACT determinations under the
2008 8-hour ozone NAAQS for certain major sources of VOC emissions. EPA
has made, and will continue to make, these materials generally
available through http://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 proposed rule, Maryland's 2008 8-hour ozone RACT SIP
revision 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: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16603 Filed 8-2-18; 8:45 am]
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