Proposed Rule2024-19436
Air Plan Approval; Maryland; Determination of Attainment by the Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard
Primary source
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Published
September 6, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Anne Arundel County and Baltimore County, Maryland sulfur dioxide (SO<INF>2</INF>) nonattainment area attained the 2010 1- hour primary SO<INF>2</INF> national ambient air quality standard (2010 SO<INF>2</INF> NAAQS) by the applicable attainment date of September 12, 2021. This determination is based on certified ambient air quality data from the 2018-2020 monitoring period, relevant modeling analysis, and additional emissions inventory information. This action, if finalized, will address the EPA's obligation under Clean Air Act (CAA) section 179(c) to determine whether the Anne Arundel and Baltimore County SO<INF>2</INF> nonattainment area (referred to hereafter as the Anne Arundel-Baltimore County Area, or simply the Area) attained the 2010 SO<INF>2</INF> NAAQS by the September 12, 2021 attainment date.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Proposed Rules]
[Pages 72770-72775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19436]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0152; FRL-11858-01-R3]
Air Plan Approval; Maryland; Determination of Attainment by the
Attainment Date for the 2010 1-Hour Primary Sulfur Dioxide 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
determine that the Anne Arundel County and Baltimore County, Maryland
sulfur dioxide (SO<INF>2</INF>) nonattainment area attained the 2010 1-
hour primary SO<INF>2</INF> national ambient air quality standard (2010
SO<INF>2</INF> NAAQS) by the applicable attainment date of September
12, 2021. This determination is based on certified ambient air quality
data from the 2018-2020 monitoring period, relevant modeling analysis,
and additional emissions inventory information. This action, if
finalized, will address the EPA's obligation under Clean Air Act (CAA)
section 179(c) to determine whether the Anne Arundel and Baltimore
County SO<INF>2</INF> nonattainment area (referred to hereafter as the
Anne Arundel-Baltimore County Area, or simply the Area) attained the
2010 SO<INF>2</INF> NAAQS by the September 12, 2021 attainment date.
DATES: Written comments must be received on or before October 7, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0152 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#a5d1c4c9c9c0dc8bc1c4d3ccc1e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="d8acb9b4b4bda1f6bcb9aeb1bc98bda8b9f6bfb7ae">[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, the 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. The 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://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Philip McGuire, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2251. Mr. McGuire can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#e18c828694889384cf9189888d8891a1849180cf868e97"><span class="__cf_email__" data-cfemail="04696763716d76612a746c6d686d74446174652a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we refer to the EPA.
I. Background
A. The 2010 1-Hour Primary SO2 NAAQS
Under section 109 of the CAA, the EPA has established primary and
secondary NAAQS for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established. The primary NAAQS represent ambient air quality standards
that the EPA has determined are requisite to protect the public health,
while the secondary NAAQS represent ambient air quality standards that
the EPA has determined are requisite to protect the public welfare from
any known or anticipated adverse effects associated with the presence
of such an air pollutant in the ambient air.
Under the CAA, the EPA must establish a NAAQS for SO<INF>2</INF>,
which is primarily released to the atmosphere through the burning of
fossil fuels by power plants and other industrial facilities. The EPA
first established primary SO<INF>2</INF> standards in 1971 at 140 parts
per billion (ppb) over a 24-hour averaging period and at 30 ppb over an
annual averaging period.\1\
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\1\ 36 FR 8186, April 30, 1971.
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On June 22, 2010, the EPA published in the Federal Register a
strengthened, primary 1-hour SO<INF>2</INF> NAAQS, establishing a new
standard at a level of 75 ppb, based on the 3-year average of the
annual 99th percentile of daily maximum 1-hour average concentrations
of SO<INF>2</INF>.\2\ This revised SO<INF>2</INF> NAAQS provides
increased protection of public health, and provided for revocation of
the 1971 primary annual and 24-hour SO<INF>2</INF> standards for most
areas of the country following area designations under the new NAAQS.
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\2\ 75 FR 35520, June 22, 2010.
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B. Designations, Classifications, and Attainment Dates for the 2010 SO2
NAAQS
Following promulgation of a new or revised NAAQS, the EPA is
required to designate all areas of the country as either
``attainment,'' ``nonattainment,'' or ``unclassifiable,'' pursuant to
CAA section 107(d)(1). On August 5, 2013, the EPA finalized its first
round of designations for the 2010 1-hour primary SO<INF>2</INF>
NAAQS.\3\ In this 2013 action, the EPA designated 29 areas in 16 states
as nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS. On
July 12, 2016, the EPA finalized its second round of initial
designations under the 2010 1-hour primary SO<INF>2</INF> NAAQS,
designating an additional four areas as nonattainment, effective
September 12, 2016.\4\ Included in this second round of designations
was the Anne Arundel-Baltimore County Area. This designation was based
on the weight of evidence for the Area, including available air quality
modeling and ambient air monitoring data from 2013-2015. Pursuant to
section 192(a) of the CAA, the attainment date for the Anne Arundel-
Baltimore County Area was no later than five years after the effective
date of initial designation, or September 12, 2021.
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\3\ 78 FR 47191, August 5, 2013.
\4\ 81 FR 45039, July 12, 2016.
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CAA section 191(a) directs states containing an area designated
nonattainment for the 2010 1-hour primary SO<INF>2</INF> NAAQS to
develop and submit a nonattainment area (NAA) state implementation plan
(SIP) to the EPA within 18 months of the effective date of an area's
designation as nonattainment. For SO<INF>2,</INF> the NAA SIP (also
referred to as an attainment plan) must meet the requirements of
subparts l and 5 of part D, of title 1 of the CAA, and provide for
attainment of the NAAQS by the applicable statutory attainment date, or
no later than five years from the effective date of designation. The
Maryland Department of Environment (MDE) submitted an attainment plan
SIP for the Anne Arundel-Baltimore County Area on January 31, 2020.
When a nonattainment area is attaining the 2010 1-hour primary
SO<INF>2</INF> NAAQS based on the most recent available data, the EPA
may issue a
[[Page 72771]]
Clean Data Determination (CDD), suspending certain NAA planning
requirements. The EPA issued a CDD for the Anne Arundel-Baltimore
County Area based on modeling and monitoring data for the period 2019-
2021 via a final rule published on November 2, 2022, and at the same
time, approved certain elements of the submitted attainment plan that
are not waived by the EPA's CDD policy.\5\ Notably, a CDD does not
alter the Area's nonattainment designation. For the EPA to redesignate
an area to attainment, the state must submit, and the EPA must approve
a redesignation request for the Area that meets the requirements of CAA
section 107(d)(3). To date, Maryland has not requested redesignation of
the Area to attainment.
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\5\ 87 FR 66086, November 2, 2022.
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C. EPA Determination of Attainment by the Attainment Date
Section 179(c)(1) of the CAA requires the EPA to determine whether
a nonattainment area attained an applicable standard by the applicable
attainment date based on the area's air quality as of the attainment
date. The EPA is required to issue this determination within six months
of the attainment date. Thus, the EPA had a mandatory duty to determine
by March 12, 2022, under CAA section 179(c) if the Area reached
attainment. With this action, the EPA proposes to determine, in
accordance with CAA section 179(c), that the Anne Arundel-Baltimore
County Area attained the 2010 1-hour primary SO<INF>2</INF> NAAQS by
the September 12, 2021, attainment date.
A determination of whether an area's air quality meets applicable
standards is generally based upon the most recent three years of
complete, quality-assured data gathered at established state and local
air monitoring stations (SLAMS) in a nonattainment area and entered
into the EPA's Air Quality System (AQS) database.\6\ Data from ambient
air monitors operated by state and local agencies in compliance with
the EPA monitoring requirements must be submitted to AQS. Monitoring
agencies annually certify that these data are accurate to the best of
their knowledge. All data are reviewed to determine the area's air
quality status in accordance with 40 CFR part 50, appendix T (for
SO<INF>2</INF>). In general, for SO<INF>2</INF> the EPA does not rely
exclusively on monitoring data to determine whether the NAAQS is met
unless it has been demonstrated that the monitors were appropriately
sited to record expected maximum ambient concentrations of
SO<INF>2</INF> in an area. As such, monitoring data can be supplemented
with other relevant information, including dispersion modeling and
emissions inventories, for determining attainment.\7\
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\6\ Under EPA regulations in 40 CFR 50.17 and in accordance with
40 CFR part 50, appendix T, the 2010 1-hour annual SO<INF>2</INF>
standard is met at an ambient air quality monitoring site when the
design value is less than or equal to 75 ppb. Design values are
calculated by computing the three-year average of the annual 99th
percentile daily maximum 1-hour average concentrations. An
SO<INF>2</INF> 1-hour primary standard design value is valid if it
encompasses three consecutive calendar years of complete data. A
year is considered complete when all four quarters are complete, and
a quarter is complete when at least 75 percent of the sampling days
are complete. A sampling day is considered complete if 75 percent of
the hourly concentration values are reported; this includes data
affected by exceptional events that have been approved for exclusion
by the Administrator.
\7\ The memorandum of April 23, 2014, from Steve Page, Director,
EPA Office of Air Quality Planning and Standards to the EPA Air
Division Directors ``Guidance for 1-hr SO<INF>2</INF> Nonattainment
Area SIP Submissions'' provides guidance for determining attainment
for the 2010 1-hr primary SO<INF>2</INF> NAAQS. This document is
available at <a href="http://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf">www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf</a>.
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The attainment date for the Anne Arundel-Baltimore County Area was
September 12, 2021. For an area where monitoring data alone is used in
the determination of attainment, the three-year design value for the
calendar years preceding the attainment date is typically used (e.g.,
the design value for January 2018 through December 2020 is the
appropriate design value for an attainment date of September 12, 2021).
In this case for the Anne Arundel-Baltimore County NAA however, the EPA
is relying on both a combination of monitoring data and preexisting
modeling from the November 2022 CDD to demonstrate attainment. The
modeling for the CDD was for the period January 2019 through December
2021, which includes approximately 3.5 months of data occurring after
the attainment date. The use of modeling information from 2021 provides
additional credible evidence to demonstrate attainment by the September
12, 2021 attainment date because it is a more current representation of
air quality in the area. Additionally, the EPA evaluated emissions from
2018 (i.e., September 13, 2018 through December 31, 2018) as a
crosscheck of the 3.5 months of data that was modeled after the
attainment date (i.e., September 13, 2021 through December 31, 2021) to
confirm that the modeling impacts would not have resulted in violations
had other time periods been modeled which would have aligned more
closely with the monitored design value from 2018-2020.
II. Proposed Determination
A. Area Characterization
The Anne Arundel-Baltimore County Area is located in Maryland along
the western banks of the Chesapeake Bay and encompasses portions of
Anne Arundel County and Baltimore County within 26.8 kilometers of
Herbert A. Wagner's Generating Station (Wagner) unit 3 stack, which is
located at 39.17765 N latitude, 76.52752 W longitude. Any portion of
Baltimore City that falls within this 26.8-kilometer radius is excluded
from the nonattainment area. As noted, this area was designated as
nonattainment by the EPA on July 12, 2016 for the 2010 1-hour primary
SO<INF>2</INF> NAAQS.\8\ A March 2, 2015 Consent Decree and enforceable
order issued by the United States District Court for the Northern
District of California mandated that the EPA issue designations within
16 months (July 2, 2016) for areas that contained a stationary source
that had not been announced for retirement and, according to the EPA's
Air Markets Database, emitted either more than 16,000 tons of
SO<INF>2</INF> in 2012 or more than 2,600 tons of SO<INF>2</INF> and
had an annual average emission rate of at least 0.45 pounds of
SO<INF>2</INF> per one million British thermal units (lbs
SO<INF>2</INF>/MMBTU) in 2012.\9\ In 2012, Wagner emitted 7,514 tons of
SO<INF>2</INF> and had an emissions rate of 1.105 lbs SO<INF>2</INF>/
MMBTU, and had not been announced for retirement as of March 2, 2015.
As a result, the Consent Decree applied to the Anne Arundel-Baltimore
County Area.
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\8\ 81 FR 45039 (effective September 12, 2016).
\9\ Consent Decree, Sierra Club v. McCarthy, No. 3:13-cv-3953-
SI, (N.D. Cal. March 2, 2015). This document is available at
<a href="http://www.4cleanair.org/wp-content/uploads/resources/Litigation-SO2-Designations_Deadline_Suit-Final_CD-030215.pdf">www.4cleanair.org/wp-content/uploads/resources/Litigation-SO2-Designations_Deadline_Suit-Final_CD-030215.pdf</a>.
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Including Wagner, the Anne Arundel-Baltimore County Area contains
three facilities that emit or have historically emitted SO<INF>2</INF>
for the timeframe of interest. Brandon Shores power plant, C.P. Crane
(Crane) power plant, and Wagner possess or have possessed coal-fired
electric generating units (EGUs). Brandon Shores and Wagner are located
next to one another in northern Anne Arundel County near the City of
Baltimore on a 456-acre site called the Fort Smallwood Complex. Crane
is located approximately 22 kilometers northeast of the Fort Smallwood
Complex in Baltimore County.\10\
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\10\ The Wheelabrator-Baltimore waste-to-energy facility is the
only other source that could produce model impacts in the NAA.
However, Wheelabrator-Baltimore is excluded in this action as it is
not located within the NAA and has a minimal contribution to the
area of maximum concentration within the NAA, as described in the
``EPA CDD TSD--Technical Support Document--Clean Data Determination
for the Anne Arundel-Baltimore Counties SO<INF>2</INF> Nonattainment
Area__August 2022'' document.
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[[Page 72772]]
To aid in assessing if an area is meeting attainment, SLAMS collect
ambient air data. One such monitor, the Essex monitor (Air Quality
System (AQS) Site ID 24-005-3001), is located in the Anne Arundel-
Baltimore County Area. The Essex monitor in Baltimore County is over 15
kilometers northeast of the Fort Smallwood Complex (Brandon Shores and
Wagner) and approximately 9 kilometers west of Crane--placing the
monitor well away from any primary sources of SO<INF>2</INF>. The Essex
monitor's 1-hour SO<INF>2</INF> design values have not violated the
2010 1-hour primary SO<INF>2</INF> NAAQS of 75 ppb over the last
decade. The last design value exceedance of the NAAQS for this site was
during the 2007-2009 period. Additionally, there is a special purpose
monitor in the Area--the Riviera Beach monitor (AQS ID 24-003-2002)--
which has only operated since January 2018. It is sited in Anne Arundel
County, less than 5 kilometers away from the Fort Smallwood Complex,
providing a better estimation of the actual maximum SO<INF>2</INF>
concentration within the nonattainment area. While it has not measured
any instances exceeding the 2010 1-hour SO<INF>2</INF> NAAQS, it has
experienced significant timeframes of invalid or missing measurements
and was discontinued in 2022.
As placement of the Essex SLAMS and Riviera Beach special purpose
monitor does not capture the location of the maximum ambient
SO<INF>2</INF> concentration,\11\ modeling may supplement the
monitoring data to assist in determining if the Anne Arundel-Baltimore
County Area has timely reached attainment.\12\ This action utilizes the
same modeling as the November 2022 CDD for the Anne Arundel-Baltimore
County Area between 2019-2021. This modeling analysis followed much of
the modeling procedures outlined in Maryland's SIP modeling protocol
document \13\ and Maryland's original designation modeling analysis. As
such, this modeling largely follows established model guidelines
previously utilized in Maryland's analysis of the Anne Arundel-
Baltimore County Area.
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\11\ See Page 43 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO<INF>2</INF> Nonattainment Area__August 2022'' document.
\12\ See supra Note 7, EPA ``Guidance for 1-hr SO<INF>2</INF>
Nonattainment Area SIP Submissions'', available at <a href="http://www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf">www.epa.gov/sites/default/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf</a>.
\13\ See Maryland's Planning and Policy: State Implementation
Plans (SIPs) web page: <a href="http://mde.maryland.gov/programs/air/airqualityplanning/pages/index.aspx">mde.maryland.gov/programs/air/airqualityplanning/pages/index.aspx</a> and EPA Round 2 designation page
for Maryland: <a href="http://www.epa.gov/sulfur-dioxide-designations/so2-designations-round-2-maryland-staterecommendation-and-epa-response">www.epa.gov/sulfur-dioxide-designations/so2-designations-round-2-maryland-staterecommendation-and-epa-response</a>.
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B. Evaluation of SO2 Emissions Data
The EPA evaluated annual SO<INF>2</INF> emissions trends for
sources within the Anne Arundel-Baltimore County Area. The annual
emissions from 2012-2021 from each major stationary source within the
Area are provided in table 1 in this document, along with the total
combined emissions from the listed stationary sources. By the end of
2020, total SO<INF>2</INF> emissions within the Area had declined
approximately 90% from 2012 levels and approximately 89% from 2016
levels--the year of nonattainment designation. The closure of Crane's
coal units by 2018, the conversion of Wagner Unit 2 from coal to
natural gas in 2020, and the installation of a dry sorbent injection
emission control system for SO<INF>2</INF> on Wagner Unit 3 in 2018 all
contributed to this significant reduction. Additionally, the remaining
Fort Smallwood Complex coal units have reduced their total annual
operating hours under enforceable consent orders,\14\ further
decreasing SO<INF>2</INF> emissions within the Area.
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\14\ 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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The reduction in emissions in the 2018-2020 timeframe compared to
pre-2018 emissions provides evidence that the Anne Arundel-Baltimore
County Area saw air quality improvements in SO<INF>2</INF> levels and
supports the finding that the Area attained the 2010 1-hour
SO<INF>2</INF> NAAQS by September 12, 2021.
Table 1--Annual Emissions From Major Stationary SO2 Sources in the Anne Arundel-Baltimore County Nonattainment Area for 2012-2021
[Tons of SO2 per year]
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Brandon Shores H.A. Wagner C.P. Crane
Year ------------------------------------------------------------------------------------------------ Total
Unit 1 Unit 2 Unit 1 Unit 2 Unit 3 Unit 4 Unit 1 Unit 2
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2012........................................ 1,547 1,301 0.2 2,513 4,964 41.1 1,214 962 12,542
2013........................................ 1,389 1,482 0.2 1,555 8,557 72.7 719 2,143 15,918
2014........................................ 1,670 1,475 72.6 1,940 7,277 323 574 1,316 14,648
2015........................................ 1,311 1,643 65.0 1,188 8,754 185 382 946 14,474
2016........................................ 1,450 1,270 26.5 163 7,575 74.8 412 638 11,609
2017........................................ 1,098 1,418 2.5 117 1,245 60.8 379 449 4,769
2018........................................ 1,747 1,785 6.1 230 2,733 197 392 475 7,565
2019........................................ 547 954 15.3 88.8 1,124 39.9 0 0 2,769
2020........................................ 420 267 0 0 605 13.5 0 0 1,306
2021........................................ 759 720 5.7 0 645 17.4 0 0 2,147
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C. Evaluation of SO2 Monitoring Data
The 3-year design values of 1-hour SO<INF>2</INF> from 2014-2021 as
well as the annual 99th percentile of 1-hour SO<INF>2</INF>
concentrations for the Essex Monitor are shown in table 2 in this
document. The Essex Monitor has been below the 2010 1-hour
SO<INF>2</INF> NAAQS design value since 2012 and has had no hourly
SO<INF>2</INF> values exceeding the 75 ppb 2010 1-hour SO<INF>2</INF>
NAAQS in the same timeframe. From 2014 to 2020, the Essex Monitor
design value has declined from 22 ppb to 9 ppb, representing a decrease
of approximately 59%, which could be attributed to the significant
decline in operations of the coal fired EGUs in the Area over the past
decade. The 2018-2020 design value of 9 ppb represents 12% of the 2010
1-hour SO<INF>2</INF> NAAQS. Since 2014, the Essex Monitor has reliably
reported data, collecting and logging data on approximately 95% of days
since its installation. This
[[Page 72773]]
represents complete data for monitoring purposes.\15\
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\15\ See supra Note 6, for requirements of data completeness.
Table 2--2014-2021 Essex Monitor SO2 Values for the Anne Arundel-Baltimore County Area
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99th Percentile Number of hourly
daily 1-hour Design value SO2 values above Valid monitor
Year maximum value (ppb) * 75 ppb (by year) days (by year)
(ppb)
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2014................................ 26.4 22 0 360
2015................................ 17.7 22 0 357
2016................................ 12.9 19 0 355
2017................................ 8.5 13 0 323
2018................................ 12.3 11 0 318
2019................................ 10.5 10 0 351
2020................................ 4.7 9 0 352
2021................................ 5.4 7 0 354
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* The design value was calculated with the reported year as the final year of the three-year period used in
determining the design value (e.g., 2014 was calculated from the years 2012-2014).
The other monitor in the Area, the special purpose Riviera Beach
Monitor, has a 2018-2020 1-hour SO<INF>2</INF> design value of 24 ppb.
This monitor was discontinued in mid-2022, precluding the use of a more
recent design value. Furthermore, this monitor has experienced
significant periods of invalid or missing measurements since its
installation in January 2018 and as such, the incorporation of its data
into this determination of attainment by the attainment date will be
limited to segments of valid and recorded monitoring periods.
The EPA finds the monitoring data from the Essex monitor in the
Anne Arundel-Baltimore County Area supports the conclusion that the
Area attained the 2010 1-hour SO<INF>2</INF> NAAQS by the September 12,
2021 attainment date.
D. Evaluation of Modeling Data
The EPA conducted a modeling analysis for the CDD proposal \16\ in
July 2022, and as both this action and the CDD largely pertain to the
same timeframe, this determination of attainment by the attainment date
will utilize the same modeling results. The modeling analysis was based
on a combination of actual and allowable emissions for 2019-2021.
Concurrent meteorological data for 2019-2021 and appropriate background
concentrations were incorporated into the model, and inputs were
overlaid into a model receptor grid covering the areas near the sources
to adequately capture the maximum modeled concentration. As noted, this
modeling analysis followed much of the modeling procedures outlined in
Maryland's modeling protocol document and Maryland's original
designation modeling analysis. Therefore, this modeling largely follows
established model guidelines previously utilized in Maryland's analysis
of the Anne Arundel-Baltimore County Area. Additional information on
the model assumptions and development is available in the docket for
this action.\17\
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\16\ 87 FR 51006, August 19, 2022.
\17\ See ``EPA CDD TSD--Technical Support Document--Clean Data
Determination for the Anne Arundel-Baltimore Counties SO<INF>2</INF>
Nonattainment Area__August 2022'' document.
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The EPA's modeling analysis based on 2019-2021 SO<INF>2</INF>
emissions demonstrate a peak design value of 53.1 ppb occurs within the
Anne Arundel-Baltimore County Area. This modeled value is approximately
71% of the 75 ppb 2010 SO<INF>2</INF> NAAQS and occurred about one
kilometer east of the Fort Smallwood Complex, near the southern
shoreline of the Patapsco River. The peak model receptor design value
and the 99th percentile model concentrations used in this calculation
are summarized in table 3 in this document. It should be noted that the
99th percentile values decline over this modeled period--aligning with
the reduced SO<INF>2</INF> emissions from the major stationary sources
in the Area.
Table 3--Summary of 2019-2021 Peak Modeled Receptor 1-Hour SO2 Design Values and 99th Percentile Values for the Anne Arundel-Baltimore County, MD Area
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Year 1 Year 2 Year 3
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Design value (ppb) SO2 99th SO2 99th SO2 99th
Date Hour of percentile Date Hour of percentile Date Hour of percentile
day (ppb) day (ppb) day (ppb)
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53.1............................ 10-02-2019 14 69.3 7-27-2020 12 52.3 1-20-2021 09 37.9
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As previously discussed, this CDD modeling data includes
approximately 3.5 months of data occurring after the attainment date
and does not include approximately 3.5 months of data from September
2018 through December 2018. To ensure consideration of the 36-month
period prior to the attainment date, the EPA has analyzed the emissions
data of these 3.5 months at the end of 2018. While emissions between
these two 36-month periods (September 2018 through September 2021 vs.
January 2018 through December 2021) are relatively similar, the
substitution of the September through December 2018 data for the
September through December 2021 data does represent an approximately
16% increase in the total emissions during the 36-month period utilized
for
[[Page 72774]]
assessing timely attainment. This data, compiled from the EPA's Clean
Air Markets Program Data,\18\ is available in table 4 in this document
and can be compared to the totals for the 2019-2021 timeframe provided
in table 1 in this document. The total tons of SO<INF>2</INF> emissions
for each of these 1-year (or 12-month) periods on a 2019-2021 calendar-
year basis vs. a September 2018 through September 2021 basis,
respectively, are as follows: Period 1--2,769 vs. 3,396; Period 2--
1,306 vs. 1,764; and Period 3--2,147 vs. 2,083.
---------------------------------------------------------------------------
\18\ Available at <a href="http://campd.epa.gov/">campd.epa.gov/</a>.
Table 4--Emissions From Major Stationary SO2 Sources in the Anne Arundel-Baltimore County Nonattainment Area for
September 2018 Through September 2021
[Tons of SO2 per year]
----------------------------------------------------------------------------------------------------------------
Time period Brandon Shores Wagner Total *
----------------------------------------------------------------------------------------------------------------
Sept. 12, 2018-Sept. 11, 2019.......................... 1,976.1 1,419.4 3,395.5
Sept. 12, 2019-Sept. 11, 2020.......................... 779.3 984.7 1,764.0
Sept. 12, 2020-Sept. 11, 2021.......................... 1,608.2 474.5 2,082.7
----------------------------------------------------------------------------------------------------------------
* C.P. Crane is excluded from this table as the facility had ceased operation by September 12, 2018.
Two of these periods show higher emissions on the September-to-
September basis and thus suggest that the modeled 2019-2021 peak design
value may underestimate the 36-month September 2018 through September
2021 peak design value in the Area. However, the modeled peak design
value of 53.1 ppb is substantially lower than the NAAQS of 75 ppb and
even with the increase in emissions rates for this September 2018
through September 2021 period, the EPA has determined that the
increased emissions are insufficient to prevent the Area from having
reached attainment by the attainment date.
While emission increases are not necessarily proportional to
increases in design values, if the 16% increase in the total emissions
led to a 16% increase in the modeled design value of 53.1 ppb, the
adjusted modeled design value would be 61.6 ppb--still well below the
NAAQS of 75 ppb. Comparatively, the design value for September 2018
through September 2021 would have to increase over 40% from the modeled
design value of 53.1 ppb for January 2019 through December 2021 in
order to violate the NAAQS.
Additionally, the 2022 CDD Technical Support Document quantifies
the annual 99th percentile of the daily maximum 1-hour average
concentrations of SO<INF>2</INF> for the 3 years used in computing the
modeled peak design value.\19\ These values (available in table 3 in
this document) are 69.3 ppb, 52.3 ppb, and 37.9 ppb for Years 2019,
2020, and 2021, respectively, and the average of these values, 53.1
ppb, is the modeled design value. In the event that the lowest of these
values were to be substituted with an alternative annual 99th
percentile of the daily maximum 1-hour average concentration of
SO<INF>2</INF> (which could have occurred during the September 2018
through December 2018 time period), this theoretical value would need
to measure in excess of 103.4 ppb for the design value to violate the
NAAQS. For comparison, the highest SO<INF>2</INF> concentration
observed at the nearby Riviera Beach monitor during the entirety of its
valid and recorded monitoring periods measured 63.9 ppb. While not
positioned exactly in the area of maximum concentration, as noted
above, this monitor was in close proximity to the Fort Smallwood
Complex. Considering this monitoring data and the results of the CDD
modeling, it is highly unlikely that the September 2018 through
December 2018 period would result in an annual 99th percentile (i.e.,
4th highest observed) of the daily maximum 1-hour average
concentrations exceeding 103.4 ppb and thus producing a design value in
violation of the NAAQS.
---------------------------------------------------------------------------
\19\ See Page 44 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO<INF>2</INF> Nonattainment Area__August 2022'' document.
---------------------------------------------------------------------------
The EPA finds that the modeling analysis conducted for Anne
Arundel-Baltimore County for the January 2019 through December 2021
period supports the conclusion that the Area attained the 2010 1-hour
SO<INF>2</INF> NAAQS by the September 12, 2021 attainment date, as the
maximum modeled design value in the Area of 53.1 ppb is lower than the
NAAQS of 75 ppb.\20\ Consideration of this 2019-2021 modeling analysis
in concert with emissions data from September 2018 through December
2018 indicates that the area was in attainment for the entire 36-month
period prior to the attainment date.
---------------------------------------------------------------------------
\20\ See Page 43 of ``EPA CDD TSD--Technical Support Document--
Clean Data Determination for the Anne Arundel-Baltimore Counties
SO<INF>2</INF> Nonattainment Area__August 2022'' document.
---------------------------------------------------------------------------
E. Conclusion
The EPA proposes to determine that the Anne Arundel-Baltimore
County nonattainment area attained the 2010 1-hour SO<INF>2</INF> NAAQS
by the September 12, 2021 attainment date. The supporting bases for our
proposed determination of attainment include: emissions within the Area
have been reduced by 90% between 2012 to 2020; ambient air quality
monitoring has had no exceedances of the 2010 1-hour SO<INF>2</INF>
NAAQS since 2012 and SO<INF>2</INF> readings have declined 59% from
2014 to 2020; and the EPA's modeling analysis (based on 2019-2021
SO<INF>2</INF> emissions) predicts a maximum design value within the
Area of 53.1 ppm--71% of the 75 ppb 2010 SO<INF>2</INF> NAAQS--and as
explained above, the inclusion of 2018 emissions data would not result
in a violating design value. Notably, MDE's report to the EPA, leading
to the subsequent issuance of the CDD, shows that the area continues to
attain the NAAQS. The EPA's determination that the area attained the
2010 1-hour SO<INF>2</INF> NAAQS by the attainment date is supported by
all of the available aforementioned evidence.
III. Proposed Action and Request for Public Comment
Based on the EPA's review of all available evidence described in
this proposed rulemaking, the EPA is proposing to determine that the
Anne Arundel-Baltimore County nonattainment area attained the 2010 1-
hour primary SO<INF>2</INF> NAAQS by the statutory attainment date of
September 12, 2021.
Finalizing this action would not constitute a redesignation of the
Anne Arundel-Baltimore County nonattainment area to attainment of the
2010 1-hour SO<INF>2</INF> NAAQS under section 107(d)(3) of the CAA. If
this action is finalized, the Anne Arundel-Baltimore
[[Page 72775]]
County Area will remain designated nonattainment for the 2010 1-hour
SO<INF>2</INF> NAAQS until such time as Maryland submits to the EPA a
redesignation request and accompanying 10-year maintenance plan, and
the EPA determines that the area meets the CAA requirements for
redesignation to attainment and takes action to redesignate the area.
If finalized, this action will address the EPA's obligation under
CAA section 179(c) to determine if the Anne Arundel-Baltimore County
Area attained the 2010 1-hour SO<INF>2</INF> NAAQS by the September 12,
2021 attainment date. The EPA is soliciting public comments on this
proposed rulemaking. These comments will be considered before taking
final action.
IV. Statutory and Executive Order Reviews
This action proposes to determine an area has attained the NAAQS by
the relevant attainment date and does not impose additional or modify
existing requirements. 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); and
<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 Clean Air Act;
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.'' The EPA did not
perform an EJ analysis and did not consider EJ in this action. Due to
the nature of the action being taken here, this action is expected to
have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, which
finds that a nonattainment area had attained the 2010 SO<INF>2</INF>
NAAQS by the applicable attainment date, and there is no information in
the record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples. In addition, this proposed rulemaking, the
determination of attainment by attainment date for the Anne Arundel-
Baltimore County SO<INF>2</INF> nonattainment area, does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because this action is not approved to apply in
Indian country located in the State, and the 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, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024-19436 Filed 9-5-24; 8:45 am]
BILLING CODE 6560-50-P
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