Rule2022-12255
Air Plan Approval; Maryland; Nonattainment New Source Review Requirements for 2015 8-Hour Ozone National Ambient Air Quality Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 10, 2022
Effective
July 11, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. The revision certifies that Maryland's existing nonattainment new source review (NNSR) program, covering the Baltimore nonattainment area, the Philadelphia-Wilmington-Atlantic City nonattainment area, and the Washington, DC nonattainment area for the 2015 8-hour ozone national ambient air quality standards (NAAQS), is at least as stringent as applicable Federal requirements. EPA is approving these revisions to the Maryland SIP in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 112 (Friday, June 10, 2022)</title>
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35421-35423]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0662; FRL-9465-02-R3]
Air Plan Approval; Maryland; Nonattainment New Source Review
Requirements for 2015 8-Hour Ozone National Ambient Air Quality
Standard
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 certifies that Maryland's existing nonattainment new
source review (NNSR) program, covering the Baltimore nonattainment
area, the Philadelphia-Wilmington-Atlantic City nonattainment area, and
the Washington, DC nonattainment area for the 2015 8-hour ozone
national ambient air quality standards (NAAQS), is at least as
stringent as applicable Federal requirements. EPA is approving these
revisions to the Maryland SIP in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This final rule is effective on July 11, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0662. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2339. Mr. He can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#a1e9c48ff8cecfc6d5c8c0cfe1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="561e33780f393831223f37381633263778313920">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 7, 2022 (87 FR 12631), EPA published a notice of proposed
rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed
approval of Maryland's SIP revision addressing the NNSR requirements
for the 2015 8-hour ozone NAAQS for the Baltimore, MD, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE, and Washington, DC-MD-VA
nonattainment areas. The formal SIP revision (#20-05) was submitted by
Maryland on June 3, 2020.
In the SIP revision, MDE is certifying that its existing NNSR
program, covering the Baltimore nonattainment area (which includes Anne
Arundel, Baltimore, Carroll, Harford, and Howard Counties and the city
of Baltimore), the Maryland portion of Philadelphia-Wilmington-Atlantic
City nonattainment area (which includes Cecil County in Maryland), and
the Maryland portion of the Washington, DC nonattainment area (which
includes Calvert, Charles, Frederick, Montgomery, and Prince Georges
Counties in Maryland) for the 2015 8-hour ozone NAAQS, is at least as
stringent as the requirements at 40 CFR 51.165 for ozone and its
precursors.
On October 1, 2015 (effective December 28, 2015), EPA promulgated a
revised 8-hour ozone NAAQS of 0.070 parts per million (ppm). See 80 FR
65292 (October 26, 2015). Upon promulgation of a new or revised NAAQS,
the CAA requires EPA to designate as nonattainment any area that is
violating the NAAQS based on the three most recent years of ambient air
quality data at the conclusion of the designation process. The
Baltimore nonattainment area, the Philadelphia-Wilmington-Atlantic City
nonattainment area, and the Washington, DC-MD-VA area were classified
as marginal nonattainment for the 2015 8-hour ozone NAAQS on June 4,
2018 (effective August 3, 2018) using 2014-2016 ambient air quality
data. See 83 FR 25776 (June 4, 2018).
On December 6, 2018, EPA issued the final SIP Requirements Rule,
which establishes the requirements that state, tribal, and local air
quality management agencies must meet as they develop implementation
plans for areas where air quality exceeds the 2015 8-hour ozone NAAQS.
Areas that were designated as marginal ozone nonattainment areas are
required to attain the 2015 8-hour ozone NAAQS no later than August 3,
2021. See 83 FR 10376 (March 9, 2018) and 83 FR 62998 (December 6,
2018). On April 13, 2022, EPA proposed to determine that the
[[Page 35422]]
Baltimore and Philadelphia nonattainment areas had not timely attained
the 2015 ozone NAAQS. See 87 FR 21842. EPA has not yet taken final
action on that proposal.
II. Summary of SIP Revision and EPA Analysis
This rule is specific to Maryland's NNSR requirements for the
Baltimore nonattainment area, the Philadelphia-Wilmington-Atlantic City
nonattainment area, and the Washington, DC-MD-VA nonattainment area.
NNSR is a preconstruction review permit program that applies to new
major stationary sources or major modifications at existing sources
located in a nonattainment area. The specific NNSR requirements for the
ozone NAAQS are located in 40 CFR 51.160 through 51.165. The SIP
Requirements Rule explained that, for each nonattainment area, a NNSR
plan or plan revision was due no later than 36 months after the
effective date of area designations for the 2015 8-hour ozone standard
(i.e., August 3, 2021).
The minimum SIP requirements for NNSR permitting programs for the
2015 8-hour ozone NAAQS are set forth in 40 CFR 51.165. See 40 CFR
51.1114. For the 2015 8-hour ozone NAAQS, the SIP for each ozone
nonattainment area designated nonattainment for the 2008 8-hour ozone
NAAQS and designated nonattainment for the 1997 ozone NAAQS must also
contain NNSR provisions that include the anti-backsliding requirements
at 40 CFR 51.1105. See 40 CFR 51.165(a)(12).
Maryland's longstanding SIP approved NNSR program, established in
Code of Maryland Regulations (COMAR) Air Quality Rule COMAR 26.11.17--
Nonattainment Provisions for Major New Sources and Major Modifications,
applies to the construction and modification of major stationary
sources in nonattainment areas. COMAR 26.11.17 currently includes
provisions allowing ozone interprecursor trading. On January 31, 2020,
MDE submitted a SIP revision (#20-02) to incorporate the interprecursor
trading provisions of COMAR 26.11.17 into the Maryland SIP. On October
27, 2020, EPA published a notice of proposed rulemaking (NPRM) in which
EPA proposed to approve Maryland SIP revision #20-02). See 85 FR 68029
(October 27, 2020). MDE's SIP Revision #20-05 submission to EPA
referenced those interprecursor trading provisions of COMAR 26.11.17 in
its certification that Maryland's NNSR program was consistent with
Federal requirements. Subsequently, on January 29, 2021, the United
States Court of Appeals for the D.C. Circuit concluded that ozone
interprecursor trading is not permissible under the CAA and vacated
ozone interprecursor trading, i.e., the interprecursor trading
provision in the Federal NNSR regulations. See Sierra Club v. EPA, 985
F.3d 1055 (D.C. Cir. 2021). EPA subsequently removed the language
allowing interprecursor trading for ozone from our NNSR regulations.
See 86 FR 37918 (July 19, 2021). After the court decision and EPA's
withdrawal of the interprecursor trading provisions, by letter dated
October 26, 2021, Maryland withdrew SIP revision #20-02 with the
interprecursor trading provisions in its entirety. Additionally, in a
separate clarification letter dated October 26, 2021, MDE requested
that EPA withdraw from EPA's consideration those portions of SIP
revision #20-05 which related to ozone interprecursor trading.
Consequently, the proposed rule on interprecursor trading that was
published on October 27, 2020 (85 FR 68029) was withdrawn on March 7,
2022. See 87 FR 12631.
Other specific requirements of 40 CFR 51.1114, the requirements of
CAA sections 110 and 172, the minimum SIP requirements of 40 CFR
51.165, and the rationale for EPA's proposed action are explained in
the NPRM, and will not be restated here. No public comments were
received on the NPRM.
III. Final Action
EPA is approving Maryland's June 3, 2020's SIP revision addressing
the NNSR requirements for the 2015 8-hour ozone NAAQS for the
Baltimore, MD, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, and
Washington, DC-MD-VA nonattainment areas as a revision to the Maryland
SIP. EPA has concluded that the State's submission fulfills the 40 CFR
51.1114 revision requirement, meets the requirements of CAA sections
110 and 172 and the minimum SIP requirements of 40 CFR 51.165.
IV. 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:
<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.);
<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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 35423]]
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 August 9, 2022. 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's 2015 8-hour Ozone NAAQS
Certification SIP revision for NNSR 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.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 (e) is amended by adding an
entry for ``2015 8-Hour Ozone NAAQS Nonattainment New Source Review
Requirements'' at the end of the table to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
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State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
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* * * * * * *
2015 8-Hour Ozone NAAQS The Baltimore Area 6/3/2020 6/10/2022, [Insert ..............
Nonattainment New Source Review (includes Anne Arundel, Federal Register
Requirements. Baltimore, Carroll, citation].
Harford, and Howard
Counties and the city
of Baltimore), the
Philadelphia-Wilmington-
Atlantic City Area
(includes Cecil County
in Maryland), and the
Washington, DC Area
(includes Calvert,
Charles, Frederick,
Montgomery, and Prince
Georges Counties in
Maryland).
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[FR Doc. 2022-12255 Filed 6-9-22; 8:45 am]
BILLING CODE 6560-50-P
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