Rule2022-23709
Air Plan Approval; Maryland; Clean Data Determination and Approval of Select Attainment Plan Elements for the Anne Arundel County and Baltimore County, MD Sulfur Dioxide Nonattainment Area
Primary source
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Published
November 2, 2022
Effective
December 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making a determination that the the Anne Arundel County and Baltimore County, Maryland sulfur dioxide (SO<INF>2</INF>) nonattainment area has attained the 2010 primary SO<INF>2</INF> national ambient air quality standard (2010 SO<INF>2</INF> NAAQS). Under EPA's Clean Data Policy, certain Clean Air Act (CAA) planning requirements are suspended for a nonattainment area when EPA issues a determination that air quality data demonstrate that the NAAQS is being attained. EPA deems these suspended CAA requirements as no longer applicable for as long as air quality continues to meet the NAAQS. EPA is also simultaneously approving elements of Maryland's January 31, 2020 state implementation plan (SIP) revision submittal containing an attainment plan for the Anne Arundel County and Baltimore County SO<INF>2</INF> nonattainment area (referred to hereafter as the Anne Arundel-Baltimore County Area, or simply the Area). The attainment plan elements EPA is approving are not suspended by a determination of attainment under EPA's Clean Data Policy, because EPA considers them independent of planning requirements that are designed to help the area attain the NAAQS. Finally, EPA is approving as SIP strengthening measures certain emission limit requirements on large SO<INF>2</INF> emission sources that were submitted as part of Maryland's attainment plan. This clean data determination (CDD) and partial approval of Maryland's attainment plan SIP revision does not constitute redesignation of the Area to attainment or full approval of the submitted attainment plan. This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66086-66091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23709]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0325; FRL-10364-02-R3]
Air Plan Approval; Maryland; Clean Data Determination and
Approval of Select Attainment Plan Elements for the Anne Arundel County
and Baltimore County, MD Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making a
determination that the the Anne Arundel County and Baltimore County,
Maryland sulfur dioxide (SO<INF>2</INF>) nonattainment area has
attained the 2010 primary SO<INF>2</INF> national ambient air quality
standard (2010 SO<INF>2</INF> NAAQS). Under EPA's Clean Data Policy,
certain Clean Air Act (CAA) planning requirements are suspended for a
nonattainment area when EPA issues a determination that air quality
[[Page 66087]]
data demonstrate that the NAAQS is being attained. EPA deems these
suspended CAA requirements as no longer applicable for as long as air
quality continues to meet the NAAQS. EPA is also simultaneously
approving elements of Maryland's January 31, 2020 state implementation
plan (SIP) revision submittal containing an attainment plan for the
Anne Arundel County and Baltimore County SO<INF>2</INF> nonattainment
area (referred to hereafter as the Anne Arundel-Baltimore County Area,
or simply the Area). The attainment plan elements EPA is approving are
not suspended by a determination of attainment under EPA's Clean Data
Policy, because EPA considers them independent of planning requirements
that are designed to help the area attain the NAAQS. Finally, EPA is
approving as SIP strengthening measures certain emission limit
requirements on large SO<INF>2</INF> emission sources that were
submitted as part of Maryland's attainment plan. This clean data
determination (CDD) and partial approval of Maryland's attainment plan
SIP revision does not constitute redesignation of the Area to
attainment or full approval of the submitted attainment plan. This
action is being taken under the CAA.
DATES: This final rule is effective on December 2, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0325. All documents in the docket are listed on
the <a href="http://www.regulations.gov">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 or
voluminous modeling files, are either available for download on the
internet (as described in a docket file index) or are not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through
<a href="http://www.regulations.gov">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: Brian Rehn, Planning and
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2176. Mr. Rehn can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#1c6e797472327e6e757d725c796c7d327b736a"><span class="__cf_email__" data-cfemail="611304090f4f031308000f210411004f060e17">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On August 19, 2022 (87 FR 51006), EPA proposed to determine that
the Anne Arundel-Baltimore County nonattainment area is attaining the
2010 SO<INF>2</INF> NAAQS, based on complete, quality assured, and
certified ambient air quality monitoring data and an EPA-prepared air
dispersion modeling analysis of SO<INF>2</INF> emission sources in the
Area. This determination of attainment, also referred to as a CDD,
suspends certain planning requirements for the nonattainment area for
as long as the area continues to attain the 2010 SO<INF>2</INF> NAAQS.
EPA proposed to require the Maryland Department of Environment (MDE) to
submit annual statements to EPA (due by July 1 of each year after the
final CDD), to address whether the Area continues to attain the 2010
SO<INF>2</INF> NAAQS. EPA expects that these statements would include
at least available air quality monitoring data, an assessment of
changes in SO<INF>2</INF> emissions from existing or new sources, and
discussion of whether these changes warrant updated modeling.
As described in the August 19, 2022 (87 FR 51006) notice of
proposed rulemaking (NPRM), EPA's Clean Data Policy allows for the
suspension of CAA requirements that are specifically designed to help
an area achieve attainment for as long as the nonattainment area
continues to attain the NAAQS.\1\ A final CDD suspends the obligation
to submit: attainment demonstrations, reasonably available control
measures and reasonably available control technology (RACM/RACT)
emission control measures, reasonable further progress (RFP)
demonstrations, emissions limitations and control measures as necessary
to provide for attainment, and contingency measures. All remaining CAA
172(c) nonattainment plan provisions not suspended by a final CDD must
still be submitted, including requirements not related to attainment
planning such as a base year emissions inventory and nonattainment new
source review (NNSR) requirements of the plan.
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\1\ See section VII.C. of EPA's ``Guidance for 1-Hour
SO<INF>2</INF> Nonattainment Area SIP Submissions,'' dated April
2014. See also, Memorandum from John S. Seitz, Director, Office of
Air Quality Planning and Standards, titled, ``Reasonable Further
Progress, Attainment Demonstration, and Related Requirements for
Ozone Nonattainment areas Meeting the Ozone National Ambient Air
Quality Standard,'' dated May 10, 1995.
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While issuance by EPA of a final CDD suspends certain attainment
planning requirements so long as the Area continues to attain the 2010
SO<INF>2</INF> NAAQS, a final CDD does not constitute a redesignation
of an area to attainment of the 2010 SO<INF>2</INF> NAAQS under section
107(d)(3) of the CAA. After issuance of a final CDD, the area remains
designated nonattainment for the 2010 SO<INF>2</INF> NAAQS until the
state formally requests redesignation of the area to attainment, EPA
takes formal action to determine that the area meets CAA requirements
for redesignation, and EPA approves an accompanying state-submitted
maintenance plan that ensures the area will continue to meet the NAAQS
for the successive 10-year period.
II. Summary of SIP Revision and EPA Analysis
EPA's August 19, 2022 (87 FR 51006) NPRM proposed to approve into
the Maryland SIP the base year emissions inventory and NNSR elements of
an attainment plan submitted by the State of Maryland as a SIP revision
request on January 30, 2022. Additionally, EPA proposed to approve into
the Maryland SIP (as a SIP strengthening measure) two consent orders
governing emissions limits on major SO<INF>2</INF> sources in the Area
that were submitted by Maryland as part of the January 30, 2020 SIP
revision. These include a consent order between MDE and Raven Power
Fort Smallwood LLC (governing the Wagner and Brandon Shores electric
generating stations, both located at the Fort Smallwood Complex) and a
consent order between MDE and C.P. Crane LLC (governing the Crane
electric generating station).\2\ These consent orders establish
enforceable SO<INF>2</INF> emission limits and operational limitations
at both the Fort Smallwood Complex and the Crane facilities.
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\2\ See Appendix B of Maryland's January 30, 2020 attainment
plan SIP revision request to EPA. Specifically, Appendix B-1--
Consent Order--Brandon Shores and Wagner Generating Stations, dated
December 4, 2019; and Appendix B-2--Consent Order--C.P. Crane
Generating Station, dated October 9, 2019.
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A detailed analysis of EPA's proposed decision was provided in the
August 19, 2022 (87 FR 51006) NPRM, and its associated technical
support documents (TSDs), and will not be restated here. The public
comment period for this NPRM ended on September 29, 2022.
III. Response to Comments
EPA received one citizen comment on the proposed action during the
public comment period. That commenter was
[[Page 66088]]
generally supportive of EPA's proposed CDD and approval of selected
Maryland attainment plan elements--specifically the base year emissions
inventory for the Area and consent decrees between MDE and two major
SO<INF>2</INF> emission source owners in the Area. The commenter also
suggested additional recommendations to EPA regarding treatment of the
Area with respect to nonattainment designation and future planning
efforts for the Area. EPA acknowledges these supportive comments. EPA
is addressing the commenter's specific comment below.
Comment: Although the commenter agrees with EPA's proposed issuance
of a CDD and that the suspension of certain attainment plan elements
(e.g., an attainment demonstration) is reasonable and meritorious, the
commenter asks that ``nonattainment be upheld'' and that if Maryland
fails in the future to submit a SIP mandated by a nonattainment
deadline, then EPA should act expeditiously to enact a Federal
Implementation Plan (FIP) to avoid lag of action.
Response: A CDD is not equivalent to a redesignation to attainment
under CAA section 107(d)(3). The CAA's requirements pertaining to
nonattainment areas continue to apply to this Area (although some
nonattainment planning requirements are suspended by the CDD). In order
to be redesignated from nonattainment to attainment, the state will
need to meet the statutory criteria for a redesignation, including the
submission of a SIP to demonstrate that the Area will maintain the
NAAQS for ten years following redesignation. Once this CDD is finalized
and while it is in place, Maryland does not have an obligation to
submit a future nonattainment planning SIP, and that suspension remains
until the Area is redesignated to attainment (after which time such
requirements are permanently discharged), or until EPA determines that
the Area has re-violated the SO<INF>2</INF> NAAQS and rescinds the CDD.
In the event the Area re-violates the NAAQS, and EPA rescinds the CDD,
the state's obligation to submit all required attainment plan elements
for the nonattainment Area will be reinstated.
EPA received no other comments, on either the determination of
attainment or on EPA's proposed approval of selected elements of
Maryland's January 30, 2020 attainment plan for the Area. After
consideration of public comments received, EPA is finalizing the August
19, 2022 (87 FR 51006) proposed finding that the Anne Arundel-Baltimore
County Area is attaining the 2010 SO<INF>2</INF> NAAQS. EPA is
therefore finalizing the CDD for the Area.
IV. Final Action
EPA is approving the CDD for the Anne Arundel-Baltimore County,
Maryland nonattainment area, the complete description of which can be
found at 40 CFR 81.321.\3\
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\3\ The nonattainment area consists of ``portions of Anne
Arundel County that are within 26.8 kilometers (16.7miles) of
Herbert A. Wagner's Unit 3 stack, which is located at 76.52752 W.
longitude, 39.17765 N. latitude (-76.52752, 39.17765), and portions
of Baltimore County that are within 26.8 kilometers (16.7 miles) of
Herbert A. Wagner's Unit 3 stack,'' at the same latitude and
longitude. Excluded from the nonattainment area is Baltimore City--
portions of which are located within a 26.8 kilometers (16.7 miles)
radius of the Wagner Unit 3 stack.
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EPA's final determination suspends the requirements for an
attainment demonstration and certain other associated nonattainment
planning requirements for the Anne Arundel-Baltimore nonattainment area
so long as the Area continues to attain the 2010 SO<INF>2</INF> NAAQS.
As indicated in the proposal on this action, a final CDD action
suspends certain planning requirements for a CAA part D nonattainment
area SIP, including: an attainment demonstration, RACM/RACT,
enforceable emission limitations and control measures, RFP plan, and
contingency measures. This final action does not constitute a
redesignation of the Anne Arundel-Baltimore County Area to attainment
of the 2010 SO<INF>2</INF> NAAQS under section 107(d)(3) of the CAA.
The Area will remain designated nonattainment for the 2010
SO<INF>2</INF> NAAQS until such time as EPA determines that the Area
meets the CAA requirements for redesignation to attainment and takes
further action to redesignate the Area.
Following approval of a CDD for the Area, the State remains
obligated to submit the non-attainment planning requirements, including
a base year emissions inventory and a showing that the area is covered
by an EPA-approved NNSR program. EPA is finalizing approval (as
proposed in our August 19, 2022 proposal) of the base year emission
inventory and NNSR program elements of the attainment plan SIP revision
for the Anne Arundel-Baltimore Area submitted by Maryland to EPA on
January 31, 2020. EPA has determined that Maryland's 2014 base year
emission inventory for the Area comports with relevant EPA guidance.
EPA is also finalizing our approval of Maryland's NNSR program under
CAA section 172(c)(5), having determined that the program meets
applicable requirements for NNSR under CAA section 173 for
SO<INF>2</INF> sources undergoing construction or major modification in
the Area. EPA's final action to issue the CDD and to approve the
emissions inventory and NNSR elements of Maryland's SIP discharges
EPA's duty under the consent decree entered in Center for Biological
Diversity, et al., v. Regan, Case No. 4-21-cv-06166-JST (N.D. Cal.), to
no later than October 31, 2022, take action on the emissions inventory
and NNSR elements of Maryland's SIP submission, and also automatically
terminates EPA's obligation under that consent decree to take final
action on the attainment demonstration, RACM/RACT, RFP and contingency
measure elements of Maryland's submission.
Finally, EPA is approving as SIP strengthening measures two consent
orders between MDE and the owners of two major SO<INF>2</INF> emissions
sources in the Area. These consent orders were submitted as part of the
January 30, 2020 Maryland attainment plan for the Area and impose
SO<INF>2</INF> emission limitation requirements and operational
constraints on those sources.\4\ EPA is incorporating these two consent
orders by reference into the Maryland SIP, as proposed in the August
19, 2022 (87 FR 51006) proposed action, which will provide Federal
enforceability of the emissions limits and operational constraints
provided by those consent orders.
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\4\ See Appendix B of the January 30, 2020 attainment plan SIP
Revision. Specifically, Appendix B1--Consent Order--Brandon Shores
and Wagner Generating Stations, dated December 4, 2019; and Appendix
B-2: Consent Order--C.P. Crane Generating Station, dated October 9,
2019.
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EPA is not approving in this action any other portion of the
January 30, 2020 Maryland attainment plan SIP revision, other than the
specific plan elements described above. Elements not being approved as
part of this action include the section CAA 172(c)(1) attainment
demonstration or RACM/RACT demonstration that were submitted as part of
the January 30, 2020 attainment plan revision, the CAA 172(c)(2) RFP
plan, the CAA section 172(c)(6) emission limits necessary to provide
for attainment, or the CAA section 172(c)(9) contingency measures
elements. As noted above, these attainment plan elements are suspended
(as is EPA's obligation to promulgate a FIP to address those planning
elements) for as long as EPA's CDD for the Area remains in place.
V. Incorporation by Reference
In this document, 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 two consent
orders between MDE and Raven Power LLC,
[[Page 66089]]
and MDE and C.P. Crane LLC, governing SO<INF>2</INF> emissions
limitations and operating limitations at the Fort Smallwood Complex
electric generating stations (i.e., Wagner and Brandon Shores) and the
Crane electric generating station--as submitted to EPA as Appendix B of
Maryland's January 30, 2020, SO<INF>2</INF> attainment plan SIP
revision. The emissions limitations and operating restrictions on the
affected SO<INF>2</INF> sources are described below and in Section IV
of this preamble. EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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).
The two consent orders being incorporated by reference into the SIP
establish SO<INF>2</INF> emission limits for these facilities
(beginning in January 2019 and additional limits beginning in 2021), as
summarized herein. Effective October 2019, Crane Units 1 and 2 are
limited to combined SO<INF>2</INF> emissions of 2,900 pounds per hour
(lbs/hr SO<INF>2</INF>). Beginning January 2021, Brandon Shores Units 1
and 2 and Wagner Unit 3 combined (whether operating individually or in
tandem) are limited to 3,860 lb/hr SO<INF>2</INF>, on a 30-day rolling
average basis. Beginning January 2021, Brandon Shores Units 1 and 2
(operating either individually or in tandem) shall not exceed a
cumulative total of 435 hours per calendar year when the applicable
units are operating at a combined S0<INF>2</INF> emissions rate greater
than 2,851 pounds per hour. Beginning January 2021, Brandon Shores
Units 1 and 2 cannot exceed 9,980 lbs/hr SO<INF>2</INF>, on a 3-hour
rolling average basis. Beginning January 2021, Brandon Shores Units 1
and 2 combined are limited to three hours per calendar year with
combined emissions greater than 5,150 lbs/hr SO<INF>2</INF> (on a 1-
hour average basis) when Wagner Unit 3 is not operating; and are
limited to 435 hours per calendar year of combined emissions greater
than 2,851 lbs/hr SO<INF>2</INF> when Wagner Unit 3 is also operating.
Wagner Unit 3 alone cannot emit more than 3,289 lbs/hr SO<INF>2</INF>
(on a 1-hour averaging basis); is limited to emitting 1,904 lbs/hr
SO<INF>2</INF> (on a 30-day rolling average); and is limited to 336
hours per calendar year of emissions greater than 2,299 lbs/hr
SO<INF>2</INF> (on a 1-hour averaging basis).
Beginning January 2021, Wagner Unit 1 alone shall not emit more
than 480 lbs/hour SO<INF>2</INF> (on a 1-hour averaging basis); and is
limited to operating 438 hours per calendar year burning fuel oil.
Beginning January 2021, at all times when operating, Wagner Unit 3
shall not exceed 1,904 lbs/hr SO<INF>2</INF> (as measured on a 30-day
rolling average); and Unit 3 shall not exceed a maximum rate of 3,289
lbs/hr SO<INF>2</INF> at all times when operating (on a 1-hour average
basis). Beginning January 2021, at all times when operating, Wagner
Unit 3 shall not exceed a cumulative total operation of 336 hours per
calendar year when the Unit's S0<INF>2</INF> emissions rate is greater
than 2,299 lbs/hr SO<INF>2</INF> (on a one-hour average basis).
Beginning January 2021, Wagner Unit 4 alone cannot emit more than 1,350
lbs/hr SO<INF>2</INF> (on a 1-hour average basis); and is limited to
operating 438 hours per calendar year using fuel oil--though both Units
1 and 4 can operate additional hours each year using natural gas. By
July 2020, Wagner Unit 2 was required to cease operation or to convert
from burning coal to burning natural gas.
EPA has reviewed Maryland's consent decrees with major
SO<INF>2</INF> emission sources in the Area formalizing specific
SO<INF>2</INF> emission limits and emissions control requirements for
those large SO<INF>2</INF> sources (as described above) under a consent
order between MDE and Raven Power Fort Smallwood LLC and a consent
order between MDE and C.P. Crane LLC that require enforceable
SO<INF>2</INF> limits and operational limitations at the Fort Smallwood
Complex and at the Crane facility.\5\ By incorporating these consent
decrees between MDE and Raven Power into the Maryland SIP, EPA's
incorporation by reference of these two consent orders strengthens the
SIP and makes these additional permitted limits and operating
conditions federally enforceable. This action is being taken under
sections 110 and 113 of the CAA. As of the effective date of the final
rulemaking of EPA's approval, these consent orders are incorporated by
reference, to be reflected in the next update to the SIP
compilation.\6\
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\5\ See Appendix B of Maryland's January 30, 2020 attainment
plan SIP revision request to EPA. Specifically, Appendix B1--Consent
Order--Brandon Shores and Wagner Generating Stations, dated December
4, 2019; and Appendix B-2: Consent Order--C.P. Crane Generating
Station, dated October 9, 2019.
\6\ 62 FR 27968 (May 22, 1997).
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VI. 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, EPA's
action to approve the emissions inventory and NNSR submissions merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. EPA's
issuance of the CDD makes a determination of attainment and does not
impose additional requirements beyond those imposed by state law. For
these reasons, 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).
[[Page 66090]]
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 January 3, 2023. 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 final CDD action and accompanying final approval of select
elements of Maryland's January 30, 2020 SO<INF>2</INF> attainment plan
may not be challenged later in proceedings to enforce this action's
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
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. Amend Sec. 52.1070:
0
a. In the table in paragraph (d) by adding entries ``Raven Power Fort
Smallwood LLC--Brandon Shores Electric Generating Station Units 1 and
2; and H.A. Wagner Electric Generating Station Units 1, 2, 3, and 4''
and ``C.P. Crane LLC--C.P. Crane Electric Generating Station Units 1
and 2'' at the end of the table; and
0
b. In the table in paragraph (e) by adding entries ``2014
SO<INF>2</INF> Base Year Emissions Inventory for the Anne Arundel-
Baltimore County Area for the 2010 SO<INF>2</INF> Sulfur Dioxide
NAAQS'' and ``2010 1-Hour SO<INF>2</INF> Sulfur Dioxide NAAQS
Nonattainment New Source Review Requirements'' at the end of the table.
The additions read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(d) * * *
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State Additional
Name of source Permit No./type effective date EPA approval date explanation
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* * * * * * *
Raven Power Fort Smallwood LLC-- Consent Order for 12/4/2019 11/2/2022, [Insert Consent Order
Brandon Shores Electric Brandon Shores and Federal Register approved via
Generating Station Units 1 and Wagner Generating Citation]. Docket EPA-R03-OAR-
2; and H.A. Wagner Electric Stations for 2020-0325, as an
Generating Station Units 1, 2, Sulfur Dioxide element of
3, and 4. Emissions Limits Maryland's January
and Operational 30, 2020
Constraints. attainment plan
for the Anne
Arundel-Baltimore
Nonattainment Area
under the 2010 1-
hour SO2 NAAQS.
C.P. Crane LLC--C.P. Crane Consent Order for 10/9/2019 11/2/2022, [Insert Consent Order
Electric Generating Station Crane Generating Federal Register approved via
Units 1 and 2. Station for Sulfur Citation]. Docket EPA-R03-OAR-
Dioxide Emissions 2020-0325, as an
Limits and element of
Cessation of Coal- Maryland's January
fired Combustion. 30, 2020
attainment plan
for the Anne
Arundel-Baltimore
Nonattainment Area
under the 2010 1-
hour SO2 NAAQS.
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(e) * * *
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2014 SO2 Base Year Emissions Anne Arundel- 01/30/2020 11/2/2022, [Insert ...................
Inventory for the Anne Arundel- Baltimore County Federal Register
Baltimore County Area for the SO2 Nonattainment Citation].
2010 SO2 Sulfur Dioxide NAAQS. Area, as defined
at 40 CFR 81.321.
[[Page 66091]]
2010 1-Hour SO2 Sulfur Dioxide Anne Arundel- 01/30/2020 11/2/2022, [Insert EPA approved
NAAQS Nonattainment New Source Baltimore County Federal Register Maryland's
Review Requirements. SO2 Nonattainment Citation]. Nonattainment New
Area. Source Review
(NNSR) program
under
COMAR 26.11.17 into
the Maryland SIP
most recently on
August 2, 2012 and
July 13, 2015.
----------------------------------------------------------------------------------------------------------------
0
4. Amend Sec. 52.1082 by adding paragraph (l) to read as follows:
Sec. 52.1082 Determinations of attainment.
* * * * *
(l) EPA has determined, as of November 2, 2022, that based on 2019
to 2021 ambient air quality monitoring data and air dispersion
modeling, the Anne Arundel-Baltimore County nonattainment area has
attained the 2010 1-hour sulfur dioxide NAAQS. This clean data
determination suspends the requirement for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other sulfur dioxide NAAQS attainment plan SIP elements for as long as
this area continues to meet the 2010 1-hour sulfur dioxide NAAQS.
[FR Doc. 2022-23709 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P
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