Proposed Rule2021-11924
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Emissions Statement Requirement for the 2015 Ozone National Ambient Air Quality Standard
Primary source
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Published
June 16, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 114 (Wednesday, June 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#bfcbded3d3dac691dbdec9d6dbffdacfde91d8d0c9"><span class="__cf_email__" data-cfemail="0470656868617d2a6065726d60446174652a636b72">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
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 <a href="/cdn-cgi/l/email-protection#a4ddc5d6cdcac58ac5c0c5c9e4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="9ae3fbe8f3f4fbb4fbfefbf7daffeafbb4fdf5ec">[email protected]</span></a>.
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 (NO<INF>X</INF>) and volatile organic compounds (VOC)
to the state. However, states may waive reporting requirements for
sources that emit under 25 tpy of NO<INF>X</INF> 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 NO<INF>X</INF>
for states with moderate (or worse) ozone nonattainment areas. A major
stationary source of NO<INF>X</INF> 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 NO<INF>X</INF>. 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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
NO<INF>X</INF> 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 NO<INF>X</INF> 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
NO<INF>X</INF> 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
NO<INF>X</INF> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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]]
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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]
BILLING CODE 6560-50-P
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