Proposed Rule2024-30534
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Ozone Season Emissions Caps for Non-Trading Large Nitrogen Oxides Units; Amendments
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Published
December 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State implementation plan (SIP) revision submitted by the State of Maryland. This revision (Maryland Submittal #24-01) pertains to the re-allocation of nitrogen oxides (NO<INF>X</INF>) ozone season emission caps for large non-electric generating units (non-EGUs, affected units). The amendment also updates a cross reference to the Cross State Air Pollution Rule (CSAPR). This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 247 (Thursday, December 26, 2024)</title>
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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104941-104943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30534]
[[Page 104941]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0512; FRL-12099-01-R3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Nitrogen Oxides Ozone Season Emissions Caps for Non-Trading
Large Nitrogen Oxides Units; Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State implementation plan (SIP) revision submitted by the
State of Maryland. This revision (Maryland Submittal #24-01) pertains
to the re-allocation of nitrogen oxides (NO<INF>X</INF>) ozone season
emission caps for large non-electric generating units (non-EGUs,
affected units). The amendment also updates a cross reference to the
Cross State Air Pollution Rule (CSAPR). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be received on or before January 27, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0512 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#1c687d7070796532787d6a75785c796c7d327b736a"><span class="__cf_email__" data-cfemail="deaabfb2b2bba7f0babfa8b7ba9ebbaebff0b9b1a8">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Amber Iglesias, 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
(202) 564-3175. Ms. Iglesias can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#88e1efe4edfbe1e9fba6e9e5eaedfac8edf8e9a6efe7fe"><span class="__cf_email__" data-cfemail="2148464d44524840520f404c434453614451400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On June 10, 2024, the State of Maryland,
through the Maryland Department of the Environment (MDE), submitted for
approval into the Maryland SIP amendments to the Code of Maryland
Regulation (COMAR) 26.11.40-NOX Ozone Season Emission Caps for Non-
Trading Large NOX Units to EPA.
I. Background
On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone''--commonly called the NO<INF>X</INF> SIP Call. The
NO<INF>X</INF> SIP Call, issued pursuant to section 110 of the CAA, was
designed to mitigate significant transport of NO<INF>X</INF> one of the
precursors of ozone. EPA developed the NO<INF>X</INF> Budget Trading
Program, an allowance trading program that States could adopt to meet
their obligations under the NO<INF>X</INF> SIP Call. The NO<INF>X</INF>
Budget Trading Program allowed electric generating units (EGUs) greater
than 25 megawatts and industrial non-electric generating units, such as
boilers and turbines, with a rated heat input greater than 250 million
British thermal units per hour (MMBtu/hr), referred to as ``large non-
EGUs,'' to participate in a regional NO<INF>X</INF> cap and trade
program. Of specific relevance to this action, the NO<INF>X</INF> SIP
Call also established specific reduction requirements for other non-
EGUs, including cement kilns and stationary internal combustion (IC)
engines. On January 10, 2001 (66 FR 1866), EPA approved into the
Maryland SIP two Maryland regulations, COMAR 26.11.29--NOX Reduction
and Trading Program, and COMAR 26.11.30--Policies and Procedures
Relating to Maryland's NOX Reduction and Trading Program, to meet the
requirements of the NO<INF>X</INF> SIP Call. Under the approved trading
program, large EGUs and large non-EGUs in Maryland participated in a
regional cap and trade program that was administered by EPA.
On May 12, 2005 (70 FR 25162), EPA promulgated the Clean Air
Interstate Rule (CAIR), to address transported emissions that
significantly contributed to downwind States' nonattainment and
maintenance of the 1997 ozone and fine particulate matter
(PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). CAIR
required 28 States, including Maryland, to reduce emissions of
NO<INF>X</INF> and sulfur dioxide (SO<INF>2</INF>), which are
precursors to ozone and PM<INF>2.5</INF>. Under CAIR, EPA developed
separate cap and trade programs for annual NO<INF>X</INF>, ozone season
NO<INF>X</INF>, and annual SO<INF>2</INF> emissions. On April 28, 2006
(71 FR 25328), EPA also promulgated Federal implementation plans (FIPs)
requiring the EGUs in each affected State, but not large non-EGUs, to
participate in the CAIR trading programs. Subsequent to these actions,
States needed to assess their NO<INF>X</INF> SIP Call requirements and
take other regulatory action as necessary to ensure that their
obligations for the large non-EGUs continued to be met either through
submission of a CAIR SIP or other NO<INF>X</INF> regulation. States
could comply with the requirements of CAIR by either remaining on the
FIP, which applied only to EGUs, or by submitting a CAIR SIP revision
that included EGUs as trading sources and the NO<INF>X</INF> SIP Call
covered non-EGUs either as trading sources, or subject to non-trading
NO<INF>X</INF> control regulations. EPA discontinued administration of
the NO<INF>X</INF> Budget Trading Program in 2009 upon the start of the
CAIR trading programs.\1\ The NO<INF>X</INF> SIP Call requirements
continued to apply, however, and EGUs that were formerly trading under
the NO<INF>X</INF> Budget Trading Program continued to meet their
NO<INF>X</INF> SIP Call requirements under the generally more stringent
requirements of the CAIR ozone season trading program. EPA has
implementing regulations for the NO<INF>X</INF> SIP Call at 40 Code of
Federal Regulations (CFR) 51.121.
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\1\ CAIR was subsequently vacated and remanded. See North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified by 550 F.3d
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air
Pollution Rule, or CSAPR (76 FR 48208, August 8, 2011), which, after
legal challenges, was implemented starting in January 2015. The
NO<INF>X</INF> Ozone Season Trading Program under CSAPR was replaced
in Maryland and most other States by a new trading program for ozone
season NO<INF>X</INF> under the CSAPR Update rule in January 2017
(81 FR 74504, October 26, 2016).
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In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper
mill) had the only non-EGUs sources that had been covered under the
NO<INF>X</INF> SIP Call and participated in the NO<INF>X</INF> Budget
Trading Program. When the CAIR NO<INF>X</INF> Ozone Season trading
program replaced the NO<INF>X</INF> Budget Trading Program, Maryland
adopted the
[[Page 104942]]
CAIR program as it applied to large EGUs, but chose not to include the
non-EGU sources at Luke as participants in the CAIR NO<INF>X</INF>
Ozone Season trading program.\2\ Instead, in 2010, Maryland adopted
COMAR 26.11.14.07--Control of Emissions from Kraft Pulp Mills, which,
among other requirements, included provisions that address the
NO<INF>X</INF> SIP Call non-EGU requirements in Maryland through a
NO<INF>X</INF> ozone season tonnage cap of 947 tons for the Luke non-
EGU sources and monitoring, recordkeeping, and reporting in accordance
with 40 CFR part 75. EPA conditionally approved COMAR 26.11.14.07 into
the Maryland SIP on August 30, 2016 (81 FR 59486) and took final
approval on July 17, 2017 (82 FR 32641).
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\2\ CAIR was superseded upon implementation of the CSAPR
program. Maryland rescinded its CAIR regulation (COMAR 26.11.28) and
submitted a SIP revision to EPA that sought removal of the
regulation in its entirety from the approved Maryland SIP. On July
17, 2017 (82 FR 32641), EPA approved the SIP revision removing the
CAIR regulation from Maryland's SIP.
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In October 2018, Maryland adopted a COMAR 26.11.40--NOX Ozone
Season Emission Caps for Non-Trading Large NOX Units. This regulation
established NO<INF>X</INF> ozone season tonnage caps and NO<INF>X</INF>
monitoring requirements for large non-EGUs in the State that were not
covered under the CSAPR NO<INF>X</INF> Ozone Season Group 2 Trading
Program. The purpose of COMAR 26.11.40 is to meet requirements of the
NO<INF>X</INF> SIP Call. NO<INF>X</INF> emissions caps that were
specified for non-EGUs located at four facilities: American Sugar
Refining, Dominion Energy Cove Point LNG, Luke Paper Mill, and the
National Institutes of Health. A portion of the Statewide cap is set
aside for new units or modified existing units that may become subject
to the NO<INF>X</INF> SIP Call in the future. The NO<INF>X</INF> annual
emissions cap for Maryland established for the NO<INF>X</INF> SIP Call
is 1013 tons per year of NO<INF>X</INF>, as established by EPA in 40
CFR part 97, subpart E, appendix C. This regulation also requires 40
CFR part 75, subpart H monitoring of NO<INF>X</INF> emissions at non-
EGUs in accordance with 40 CFR 51.121(i)(4). EPA approved the SIP
revision that included the new COMAR 26.11.40 in October 2018. On June
30, 2019, Luke Paper Mill was shut down by its owner, Verso, and
surrendered all of its CAA operating permits for the facility to
Maryland on May 8, 2020.
II. Summary of SIP Revision and EPA Analysis
On June 10, 2024, Maryland submitted for inclusion in the Maryland
SIP regulation COMAR 26.11.40--NOX Ozone Season Emission Caps for Non-
trading Large NOX Units. The revisions to sections .02 and .03 of COMAR
26.11.40 reallocate NO<INF>X</INF> ozone season emission caps from
affected source that have shutdown to new or modified SIP Call covered
non-EGUs and in addition updates it's regulatory cross-reference of the
Federal ozone season trading programs to automatically incorporate by
reference any future changes to those programs.
Section .02 lists the currently affected non-EGUs meeting the
definition of ``non-trading large NO<INF>X</INF> unit'' in table 1 of
this document and includes a provision that any new unit installed
after May 1, 2018, or an existing unit that is modified such that it
meets the definition of a large non-EGU, will become subject to the
requirements of COMAR 26.11.40. Section .02 updates the way the State
references the EPA's CSAPR Rule and removes Luke Paper Mill as an
affected source. Prior to the update to section .02 of COMAR 26.11.40
the State referred to the CSAPR Rule that was in effect in 2018, ``the
Federal Cross State Air Pollution Rule NO<INF>X</INF> Ozone Season
Group 2 Trading Program established under 40 CFR part 97, subpart
EEEEE.'' In 2019, EPA updated the CSAPR Rule and created the CSAPR
NO<INF>X</INF> Group 3 Trading Program. In this submission, the State
of Maryland updates the CSAPR reference in section .02 COMAR 26.11.40
to a more generic trading program reference that will incorporate
future changes in the rule. The updated language in COMAR 26.11.40.02
refers to ``a Federal trading program for ozone season emissions of
NO<INF>X</INF> established under 40 CFR part 97 to address interstate
transport of ozone and NO<INF>X</INF> in accordance with 40 CFR
52.38(b), or a State trading program for ozone season emissions of
NO<INF>X</INF> approved by the EPA Administrator as meeting the
requirements of 40 CFR 52.38(b).''
Section .03 of COMAR 26.11.40 establishes the NO<INF>X</INF> annual
tonnage caps for each source. This submission removes the
NO<INF>X</INF> ozone season emission caps from the shutdown Luke Paper
Mill. Prior to the amendments of section .02 of COMAR 26.11.40, the
State of Maryland allocated a cap of 656 tons to of NO<INF>X</INF> Luke
Paper Mill with 96 tons to set aside for new units or modified existing
units. This submission reallocates the 656-ton cap from Luke Paper Mill
to the set-aside cap for new and modified sources giving the set-aside
a new cap of 752 tons of NO<INF>X</INF>. The total of all sources in
the State, which can be seen in the table below, remains at the cap of
1013 tons of NO<INF>X</INF> and is consistent with the portion of the
overall Maryland NO<INF>X</INF> Budget Trading Program budget for large
non-EGUs.
Table 1--MD Large Non EGU O3 Season Emission Caps
------------------------------------------------------------------------
NOX ozone season
Facility Unit cap (tons)
------------------------------------------------------------------------
American Sugar Refining......... C6................. 24
Dominion Energy Cove Point LNG.. Frame 5-1 (Turbine 214
S009), Frame 5-2
(Turbine S010),
Frame 7-A, Frame 7-
B, Aux. A, Aux B.
National Institutes of Health... 5-1156............. 23
New unit set-aside.............. ................... 752
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Total....................... ................... 1,013
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EPA finds that this June 2024 SIP submittal meets Maryland's
NO<INF>X</INF> SIP Call obligations (including requirements in CAA
section 110 and 40 CFR 51.121) for non-EGUs because the revisions to
regulation COMAR 24.11.40 removes Luke Paper Mill as an affected source
and reallocates the NO<INF>X</INF> emission cap for that facility to a
set aside for new and modified sources. This reallocation does not
change or alter the specified State-wide ozone season NO<INF>X</INF>
emissions cap of 1013 tons which is consistent with the portion of the
overall Maryland NO<INF>X</INF> emissions budget under the
NO<INF>X</INF> Budget Trading Program attributable to non-EGUs. This
revision does not change the 40 CFR part 75 monitoring,
[[Page 104943]]
recordkeeping and reporting requirements of the original 2018
submission. Finally, the changes to the CSAPR reference are to ensure
that the State is using a term that will be an applicable reference in
the State's SIP if the EPA is to update the rule in the future.
The June 10, 2024 Maryland SIP submittal does not result in
increased NO<INF>X</INF> emissions, and therefore has no impact on any
requirements related to attainment, reasonable further progress, or any
other NAAQS requirements under the CAA. The submittal therefore meets
section 110(l) of the CAA.
III. Proposed Action
EPA's review of this material indicates that Maryland's June 10,
2024 SIP revision submittal (Maryland SIP Revision #24-01) is
approvable in accordance with CAA section 110. EPA is proposing to
approve the Maryland SIP revision that reallocates the NO<INF>X</INF>
ozone season emission cap from Luke Paper Mill to the new source set-
aside and updates its regulatory cross-reference of the Federal ozone
season trading programs to automatically incorporate by reference any
future changes to those programs EPA is soliciting public comments on
the issues discussed in this document. These comments will be
considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the revised Maryland regulation COMAR 26.11.40.02 and the
revised COMAR 26.11.40.03, as described in section II 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).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this proposed action:
<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.
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.'' 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 air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, 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, that amends Maryland's
NO<INF>X</INF> Ozone Season Emissions Caps for Non-Trading Large
NO<INF>X</INF> Units, does not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Catherine A. Libertz,
Acting Regional Administrator, Region III.
[FR Doc. 2024-30534 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
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