Rule2025-13891
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Ozone Season Emissions Caps for Non-Trading Large Nitrogen Oxides Units; Amendments
Primary source
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Published
July 24, 2025
Effective
August 25, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. 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 90 Issue 140 (Thursday, July 24, 2025)</title>
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[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Rules and Regulations]
[Pages 34763-34766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13891]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0512; FRL-12099-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Maryland.
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: This final rule is effective on August 25, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0512. 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, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through <a href="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: 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#234a444f46504a42500d424e414651634653420d444c55"><span class="__cf_email__" data-cfemail="92fbf5fef7e1fbf3e1bcf3fff0f7e0d2f7e2f3bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 26, 2024 (89 FR 104941), the EPA published a notice of
proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, the
EPA proposed approval of a revision to Code of Maryland Regulations
(COMAR) 26.11.40 that involved the re-allocation of NO<INF>X</INF>
ozone season emission caps for large non-electric generating units
(non-EGUs, affected units) as well as an updated cross reference to the
CSAPR) The formal SIP revision (Maryland Submittal #24-01) was
submitted by the State of Maryland on June 10, 2024.
The NO<INF>X</INF> SIP Call, issued pursuant to Section 110 of the
CAA and codified at 40 CFR 51.121 and 51.122, was designed to mitigate
significant transport of NO<INF>X</INF>, one of the precursors of
ozone. The EPA developed the NO<INF>X</INF> Budget Trading Program, an
EPA-administered 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
[[Page 34764]]
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. Maryland complied with the
NO<INF>X</INF> SIP call by participation of its large EGUs and large
non-EGUs in the NO<INF>X</INF> Budget Trading Program. The EPA
discontinued administration of the NO<INF>X</INF> Budget Trading
Program in 2009 upon the start of the Clean Air Interstate Rule (CAIR)
trading programs (70 FR 25162, May 12, 2005). The NO<INF>X</INF> SIP
Call requirements continued to apply, however, and EGUs in most states
(including Maryland) that formerly participated in 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 NO<INF>X</INF> Ozone Season trading program, either pursuant to
CAIR federal implementation plans (FIP) (71 FR 25328, April 28, 2006)
or pursuant to approved CAIR SIP revisions. For the large non-EGUs,
states needed to take regulatory action to ensure that their
obligations under the NO<INF>X</INF> SIP Call continued to be met,
either through an option to submit a CAIR SIP revision that allowed the
large non-EGUs to participate in the CAIR NO<INF>X</INF> Ozone Season
trading program or through adoption of other replacement regulations.
In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper
mill) was the only facility with large non-EGUs that 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 CAIR program as it applied to large EGUs,
but chose not to include the non-EGUs at Luke as participants in the
CAIR NO<INF>X</INF> Ozone Season trading program. 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-EGUs and monitoring, recordkeeping, and reporting in
accordance with 40 CFR part 75.
Subsequent to adoption of COMAR 26.11.14.07, Maryland determined
that additional applicable units have either started operation or were
previously not subject but have become subject to the requirements for
non-EGUs under the NO<INF>X</INF> SIP Call as the units have heat input
ratings greater than 250 MMBtu/hr. A review of the applicability of the
NO<INF>X</INF> SIP Call to large non-EGUs in the State showed that
there are three additional facilities having non-EGUs that are covered
under the NO<INF>X</INF> SIP Call. Maryland adopted new regulation
COMAR 26.11.40 to reallocate the statewide NO<INF>X</INF> emissions cap
among the affected sources, and concurrently revised COMAR 26.11.14.07
to reflect a reduced cap for Luke.
In October 2018, Maryland adopted a new COMAR 26.11.40--
NO<INF>X</INF> Ozone Season Emission Caps for Non-Trading Large
NO<INF>X</INF> 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 to meet
requirements of the NO<INF>X</INF> SIP Call. NO<INF>X</INF> emissions
caps were specified for non-EGUs located at four facilities (American
Sugar Refining, Dominion Energy Cove Point LNG, Luke Paper Mill, and
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 1,013 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
Code of Federal Regulations (CFR) part 75, subpart H monitoring of
NO<INF>X</INF> emissions at affected units in accordance with 40 CFR
51.121(i)(4). The 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 on May 8, 2020.
II. Summary of SIP Revision and the EPA Analysis
COMAR 26.11.40 establishes NO<INF>X</INF> ozone season tonnage caps
and NO<INF>X</INF> monitoring requirements for large non-EGUs in the
State that are not covered 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) located at three facilities (American
Sugar Refining, Dominion Energy Cove Point LNG, and 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. Title 40 CFR part 75, subpart H,
monitoring of NO<INF>X</INF> emissions at affected units is required in
accordance with 40 CFR 51.121(i)(4). This rule approves into the SIP
Maryland's revisions to COMAR 26.11.40.02 and 26.11.40.03.
COMAR 26.11.14.02 updates the way the state references the EPA's
Cross State Air Pollution Rule and removes Luke Paper Mill as an
affected source (see table 1 in this preamble).
Table 1--NOX Season Emission Caps
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NOX ozone
Facility Unit season cap
(tons)
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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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COMAR 26.11.14.03 was revised to reflect the re-allocation of
emission caps from Luke Paper Mill to the portion of the statewide cap
that 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 due to Luke
Paper Mill permanently shutting down operations.
[[Page 34765]]
The 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 1,013 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, recordkeeping
and reporting requirements of the original 2018 submission. Finally,
the changes that reference to the EPA's CSAPR 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 again 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.
Other specific requirements of COMAR 26.11.40 and the rationale for
the EPA's proposed action are explained in the NPRM and will not be
restated here.
III. EPA's Response to Comments Received
No public comments were received on the NPRM.
IV. Final Action
The EPA is approving Maryland Submittal #24-01 as a revision to the
Maryland SIP.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of new
Maryland regulation COMAR 26.11.40 to meet the requirements for non-
EGUs under the NO<INF>X</INF> SIP Call, as described in section II of
this preamble. The 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). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rule of the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 22, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Amy Van Blarcom-Lackey,
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, the table in paragraph (c) by revising the
entries for ``26.11.40.02'' and ``26.11.40.03'' to read as follows:
Sec. 52.1070 Identification of plan.
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[[Page 34766]]
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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Additional
Citation Title/subject State EPA approval date explanation/ citation
effective date at 40 CFR 52.1100
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Code of Maryland Administrative Regulations (COMAR)
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26.11.40 NOX Ozone Season Emission Caps for Non-trading Large NOX Units
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* * * * * * *
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26.11.40.02................ Applicability........ 04/15/24 07/24/25, 90 FR .....................
[INSERT Federal
Register PAGE WHERE
THE DOCUMENT BEGINS].
26.11.40.03................ NOX Ozone Season 04/15/24 07/24/25, 90 FR .....................
Emission Caps. [INSERT Federal
Register PAGE WHERE
THE DOCUMENT BEGINS].
* * * * * * *
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[FR Doc. 2025-13891 Filed 7-23-25; 8:45 am]
BILLING CODE 6560-50-P
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