81_FR_95326 81 FR 95078 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2016 Nitrogen Oxides Averaging Plan Consent Agreement With Raven Power

81 FR 95078 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; 2016 Nitrogen Oxides Averaging Plan Consent Agreement With Raven Power

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range95078-95079
FR Document2016-31025

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Maryland state implementation plan (SIP). Maryland has submitted for inclusion in the SIP a Consent Agreement between Maryland and Raven Power concerning an inter-facility averaging plan for emissions of nitrogen oxides (NO<INF>X</INF>) at facilities located in Maryland and owned by Raven Power. The Consent Agreement allows Raven Power to use system-wide emissions averaging to comply with the applicable NO<INF>X</INF> emission limits for six units located at two electric generating facilities, Brandon Shores and H.A. Wagner, owned by Raven Power. EPA is proposing to approve this revision in accordance with the requirements of the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Proposed Rules]
[Pages 95078-95079]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31025]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0562; FRL-9957-25-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; 2016 Nitrogen Oxides Averaging Plan Consent Agreement With 
Raven Power

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Maryland state implementation plan (SIP). 
Maryland has submitted for inclusion in the SIP a Consent Agreement 
between Maryland and Raven Power concerning an inter-facility averaging 
plan for emissions of nitrogen oxides (NOX) at facilities 
located in Maryland and owned by Raven Power. The Consent Agreement 
allows Raven Power to use system-wide emissions averaging to comply 
with the applicable NOX emission limits for six units 
located at two electric generating facilities, Brandon Shores and H.A. 
Wagner, owned by Raven Power. EPA is proposing to approve this revision 
in accordance with the requirements of the Clean Air Act (CAA).

DATES:  Written comments must be received on or before January 26, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0562 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Maryland's COMAR 26.11.09.08--Control of NOX Emissions 
for Major Stationary Sources--was approved into Maryland's SIP pursuant 
to section 182 of the CAA. This regulation established NOX 
emission limits for the 1-hour ozone national ambient air quality 
standard (NAAQS) for specific types of boilers and other fuel-burning 
equipment. Specifically, COMAR 26.11.09.08.C(2) established maximum 
NOX emission rates as pounds (lbs) of NOX per 
million British thermal units (MMBtu) per hour, ranging from 0.45 lbs/
MMBtu to 0.80 lbs/MMBtu, depending on the type of combustion unit. 
COMAR 26.11.09.08 also contains a provision that allows an owner or 
operator of more than one unit to demonstrate compliance with system-
wide emissions standards through the use of an averaging plan.

II. Summary of SIP Revision

    On July 28, 2016, the State of Maryland through the Maryland 
Department of the Environment (MDE) submitted to EPA a SIP revision 
submittal consisting of a Consent Agreement between MDE and Raven Power 
establishing an inter-facility averaging plan for NOX 
emissions at two electric generating facilities, Brandon Shores and 
H.A. Wagner, collectively called Fort Smallwood. Both facilities are 
owned by Raven Power. MDE requests that this new Consent Agreement and 
NOX averaging plan replace the Consent Order and 
NOX averaging plan previously approved into the Maryland SIP 
on February 27, 2002 (67 FR 8897).
    The Consent Agreement between MDE and Raven Power allows Raven 
Power to use system-wide emissions averaging to comply with the 
applicable NOX limits for six boiler units (Brandon Shores 
units 1 and 2 and H.A. Wagner units 1 through 4) subject to COMAR 
26.11.09.08. Pursuant to the new Consent Agreement, Raven Power is 
required to calculate mass emissions from the affected units on a daily 
basis, determine compliance with the averaging plan using continuous 
emissions monitors (CEMs), and to submit quarterly reports to both MDE 
and EPA. In the Consent Agreement, Raven Power agreed that if it fails 
to comply with the NOX averaging plan, all sources at 
Brandon Shores and Wagner remain subject to the unit-specific emission 
limits of COMAR 26.11.09.08.C (shown in Table 1) and must demonstrate 
compliance through the requirements found in COMAR 26.11.09.08.B(2). 
The aggregate mass emissions from all units at Brandon Shores and 
Wagner, under the NOX averaging plan, must be less than the 
mass emissions that would otherwise occur if each unit were subject to 
the applicable NOX emissions limit of COMAR 26.11.09.08.C.

             Table 1--NOX Emission Limits for Fort Smallwood
                      [as per COMAR 26.11.09.08.C]
------------------------------------------------------------------------
                                                           Limit  (lbs/
                    Facility                       Unit       MMBtu)
------------------------------------------------------------------------
Brandon Shores.................................        1             0.5
                                                       2             0.5
H.A. Wagner....................................        1             0.3
                                                       2             0.5
                                                       3             0.5
                                                       4             0.3
------------------------------------------------------------------------


[[Page 95079]]

    Additionally, according to the Consent Agreement, Raven Power must 
submit a written report and certify annually that the annual 
NOX mass emissions for all six affected units are at least 
twenty percent less than otherwise allowed from the affected units by 
the applicable NOX emission limits of COMAR 26.11.09.08. A 
more detailed description of the NOX averaging plan can be 
found in the technical support document (TSD) on www.regulations.gov 
under Docket ID No. EPA-R03-OAR-2016-0562. In addition, in the July 28, 
2016 SIP submittal, Maryland seeks to remove from the Maryland SIP the 
April 2001 Consent Order between Maryland and Constellation Power 
Source Generation (Constellation) which functioned as a NOX 
averaging plan for compliance with COMAR 26.11.09.08 for ten units at 
five facilities--Brandon Shores units 1 and 2; C.P. Crane units 1 and 
2; H.A. Wagner units 1 through 4; Gould Street unit 3; and Riverside 
unit 4. EPA had approved the April 2001 Consent Order between Maryland 
and Constellation into the Maryland SIP on February 27, 2002 (67 FR 
8897). The 2001 NOX averaging plan is no longer effective 
for compliance with COMAR 26.11.09.08 as Constellation is not the owner 
of all of these units and COMAR 26.11.09.08 permitted system-wide 
averaging only when the same person owned or operated all affected 
units. COMAR 26.11.09.08.B(4)(a).

III. Proposed Action

    EPA has evaluated Maryland's SIP revision submittal and believes 
Raven Power's NOX emissions averaging plan meets all the 
applicable requirements of the SIP-approved COMAR 26.11.09.08, 
particularly subsection .08B(4) for emissions averaging. The Consent 
Agreement also includes appropriate provisions for monitoring, 
recordkeeping, and reporting as well as assuring compliance and 
enforceability. As discussed in the TSD in more detail, EPA expects the 
Consent Agreement will strengthen the Maryland SIP and lead to 
additional NOX emission reductions. Thus, the SIP is 
approvable under CAA section 110.
    In addition, EPA finds that this SIP revision submittal meets the 
requirements of CAA section 110(l) as it will not interfere with 
attainment and maintenance of any NAAQS, reasonable further progress, 
or any other applicable CAA requirement, because the NOX 
averaging plan requires that annual system-wide NOX mass 
emissions from Brandon Shores and Wagner be at least twenty percent 
less than otherwise allowed from these affected units by the applicable 
NOX emission limits of COMAR 26.11.09.08 and because the 
prior NOX emissions averaging plan that included Brandon 
Shores, Wagner, and other unrelated units is no longer effective, since 
the owners have changed. The previously approved April 2001 
Constellation NOX averaging plan required that annual 
system-wide NOX mass emissions be at least five percent less 
than otherwise allowed by the applicable NOX emission limits 
of COMAR 26.11.09.08. The system-wide averaging from the new 
NOX averaging plan which requires at least a twenty percent 
reduction compared to rates applicable to individual emitting units 
should provide additional NOX emission reductions. EPA 
believes the emission reductions from this NOX averaging 
plan will be beneficial to both Maryland and the ozone transport region 
(OTR). Therefore, EPA is proposing to approve this SIP revision in 
accordance with requirements in CAA section 110. EPA is soliciting 
public comments on the issues discussed in this document and these 
comments will be considered before taking final action.

IV. Incorporation by Reference

    In this proposed rule, 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 Maryland's Consent Agreement with Raven Power 
concerning a NOX averaging plan discussed in section II of 
this document as well as in the TSD supporting this rulemaking action. 
EPA has made, and will continue to make, these materials generally 
available through http://www.regulations.gov and/or 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:
     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);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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, this proposed rule concerning Maryland's 
NOX averaging plan Consent Agreement with Raven Power 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.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 12, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-31025 Filed 12-23-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    95078                Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules

                                                    I. National Technology Transfer and                     facilities, Brandon Shores and H.A.                   demonstrate compliance with system-
                                                    Advancement Act (NTTAA)                                 Wagner, owned by Raven Power. EPA is                  wide emissions standards through the
                                                       Section 12(d) of the NTTAA directs                   proposing to approve this revision in                 use of an averaging plan.
                                                    the EPA to use voluntary consensus                      accordance with the requirements of the
                                                                                                                                                                  II. Summary of SIP Revision
                                                    standards in its regulatory activities                  Clean Air Act (CAA).
                                                                                                            DATES: Written comments must be                          On July 28, 2016, the State of
                                                    unless to do so would be inconsistent                                                                         Maryland through the Maryland
                                                    with applicable law or otherwise                        received on or before January 26, 2017.
                                                                                                            ADDRESSES: Submit your comments,
                                                                                                                                                                  Department of the Environment (MDE)
                                                    impractical. The EPA believes that this                                                                       submitted to EPA a SIP revision
                                                    action is not subject to the requirements               identified by Docket ID No. EPA–R03–
                                                                                                            OAR–2016–0562 at http://                              submittal consisting of a Consent
                                                    of section 12(d) of the NTTAA because                                                                         Agreement between MDE and Raven
                                                    application of those requirements would                 www.regulations.gov, or via email to
                                                                                                            pino.maria@epa.gov. For comments                      Power establishing an inter-facility
                                                    be inconsistent with the CAA.                                                                                 averaging plan for NOX emissions at two
                                                                                                            submitted at Regulations.gov, follow the
                                                    J. Executive Order 12898: Federal                                                                             electric generating facilities, Brandon
                                                                                                            online instructions for submitting
                                                    Actions To Address Environmental                                                                              Shores and H.A. Wagner, collectively
                                                                                                            comments. Once submitted, comments
                                                    Justice in Minority Populations and                                                                           called Fort Smallwood. Both facilities
                                                                                                            cannot be edited or removed from
                                                    Low-Income Population                                                                                         are owned by Raven Power. MDE
                                                                                                            Regulations.gov. For either manner of
                                                                                                                                                                  requests that this new Consent
                                                       The EPA lacks the discretionary                      submission, EPA may publish any
                                                                                                                                                                  Agreement and NOX averaging plan
                                                    authority to address environmental                      comment received to its public docket.
                                                                                                                                                                  replace the Consent Order and NOX
                                                    justice in this rulemaking.                             Do not submit electronically any
                                                                                                                                                                  averaging plan previously approved into
                                                                                                            information you consider to be
                                                    List of Subjects in 40 CFR Part 52                                                                            the Maryland SIP on February 27, 2002
                                                                                                            confidential business information (CBI)
                                                      Environmental protection, Air                                                                               (67 FR 8897).
                                                                                                            or other information whose disclosure is                 The Consent Agreement between
                                                    pollution control, Incorporation by                     restricted by statute. Multimedia                     MDE and Raven Power allows Raven
                                                    reference, Intergovernmental relations,                 submissions (audio, video, etc.) must be              Power to use system-wide emissions
                                                    Nitrogen dioxide, Ozone, Particulate                    accompanied by a written comment.                     averaging to comply with the applicable
                                                    matter, Reporting and recordkeeping                     The written comment is considered the                 NOX limits for six boiler units (Brandon
                                                    requirements.                                           official comment and should include                   Shores units 1 and 2 and H.A. Wagner
                                                       Authority: 42 U.S.C. 7401 et seq.                    discussion of all points you wish to                  units 1 through 4) subject to COMAR
                                                                                                            make. EPA will generally not consider                 26.11.09.08. Pursuant to the new
                                                      Dated: December 9, 2016.
                                                                                                            comments or comment contents located                  Consent Agreement, Raven Power is
                                                    Alexis Strauss,
                                                                                                            outside of the primary submission (i.e.,              required to calculate mass emissions
                                                    Acting Regional Administrator, Region IX.               on the web, cloud, or other file sharing
                                                    [FR Doc. 2016–31028 Filed 12–23–16; 8:45 am]
                                                                                                                                                                  from the affected units on a daily basis,
                                                                                                            system). For additional submission                    determine compliance with the
                                                    BILLING CODE 6560–50–P                                  methods, please contact the person                    averaging plan using continuous
                                                                                                            identified in the FOR FURTHER                         emissions monitors (CEMs), and to
                                                                                                            INFORMATION CONTACT section. For the
                                                    ENVIRONMENTAL PROTECTION                                                                                      submit quarterly reports to both MDE
                                                                                                            full EPA public comment policy,                       and EPA. In the Consent Agreement,
                                                    AGENCY                                                  information about CBI or multimedia                   Raven Power agreed that if it fails to
                                                                                                            submissions, and general guidance on                  comply with the NOX averaging plan, all
                                                    40 CFR Part 52
                                                                                                            making effective comments, please visit               sources at Brandon Shores and Wagner
                                                    [EPA–R03–OAR–2016–0562; FRL–9957–25–                    http://www2.epa.gov/dockets/                          remain subject to the unit-specific
                                                    Region 3]                                               commenting-epa-dockets.                               emission limits of COMAR
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      26.11.09.08.C (shown in Table 1) and
                                                    Approval and Promulgation of Air
                                                                                                            Irene Shandruk, (215) 814–2166, or by                 must demonstrate compliance through
                                                    Quality Implementation Plans;
                                                                                                            email at shandruk.irene@epa.gov.                      the requirements found in COMAR
                                                    Maryland; 2016 Nitrogen Oxides
                                                                                                            SUPPLEMENTARY INFORMATION:                            26.11.09.08.B(2). The aggregate mass
                                                    Averaging Plan Consent Agreement
                                                    With Raven Power                                        I. Background                                         emissions from all units at Brandon
                                                                                                                                                                  Shores and Wagner, under the NOX
                                                    AGENCY:  Environmental Protection                          Maryland’s COMAR 26.11.09.08—                      averaging plan, must be less than the
                                                    Agency (EPA).                                           Control of NOX Emissions for Major                    mass emissions that would otherwise
                                                    ACTION: Proposed rule.                                  Stationary Sources—was approved into                  occur if each unit were subject to the
                                                                                                            Maryland’s SIP pursuant to section 182                applicable NOX emissions limit of
                                                    SUMMARY:   The Environmental Protection                 of the CAA. This regulation established               COMAR 26.11.09.08.C.
                                                    Agency (EPA) is proposing to approve a                  NOX emission limits for the 1-hour
                                                    revision to the Maryland state                          ozone national ambient air quality                     TABLE 1—NOX EMISSION LIMITS FOR
                                                    implementation plan (SIP). Maryland                     standard (NAAQS) for specific types of                        FORT SMALLWOOD
                                                    has submitted for inclusion in the SIP                  boilers and other fuel-burning
                                                    a Consent Agreement between Maryland                    equipment. Specifically, COMAR                                  [as per COMAR 26.11.09.08.C]
                                                    and Raven Power concerning an inter-                    26.11.09.08.C(2) established maximum
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                                                                                                         Limit
                                                    facility averaging plan for emissions of                NOX emission rates as pounds (lbs) of                          Facility       Unit       (lbs/MMBtu)
                                                    nitrogen oxides (NOX) at facilities                     NOX per million British thermal units
                                                    located in Maryland and owned by                        (MMBtu) per hour, ranging from 0.45                   Brandon Shores ....            1            0.5
                                                    Raven Power. The Consent Agreement                      lbs/MMBtu to 0.80 lbs/MMBtu,                                                         2            0.5
                                                    allows Raven Power to use system-wide                   depending on the type of combustion                   H.A. Wagner .........          1            0.3
                                                    emissions averaging to comply with the                  unit. COMAR 26.11.09.08 also contains                                                2            0.5
                                                                                                                                                                                                 3            0.5
                                                    applicable NOX emission limits for six                  a provision that allows an owner or                                                  4            0.3
                                                    units located at two electric generating                operator of more than one unit to


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                                                                         Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Proposed Rules                                               95079

                                                       Additionally, according to the                       applicable NOX emission limits of                        • Is not a ‘‘significant regulatory
                                                    Consent Agreement, Raven Power must                     COMAR 26.11.09.08 and because the                     action’’ subject to review by the Office
                                                    submit a written report and certify                     prior NOX emissions averaging plan that               of Management and Budget under
                                                    annually that the annual NOX mass                       included Brandon Shores, Wagner, and                  Executive Orders 12866 (58 FR 51735,
                                                    emissions for all six affected units are at             other unrelated units is no longer                    October 4, 1993) and 13563 (76 FR 3821,
                                                    least twenty percent less than otherwise                effective, since the owners have                      January 21, 2011);
                                                    allowed from the affected units by the                  changed. The previously approved April                   • does not impose an information
                                                    applicable NOX emission limits of                       2001 Constellation NOX averaging plan                 collection burden under the provisions
                                                    COMAR 26.11.09.08. A more detailed                      required that annual system-wide NOX                  of the Paperwork Reduction Act (44
                                                    description of the NOX averaging plan                   mass emissions be at least five percent               U.S.C. 3501 et seq.);
                                                    can be found in the technical support                   less than otherwise allowed by the                       • is certified as not having a
                                                    document (TSD) on                                       applicable NOX emission limits of                     significant economic impact on a
                                                    www.regulations.gov under Docket ID                     COMAR 26.11.09.08. The system-wide                    substantial number of small entities
                                                    No. EPA–R03–OAR–2016–0562. In                           averaging from the new NOX averaging                  under the Regulatory Flexibility Act (5
                                                    addition, in the July 28, 2016 SIP                      plan which requires at least a twenty                 U.S.C. 601 et seq.);
                                                    submittal, Maryland seeks to remove                     percent reduction compared to rates                      • does not contain any unfunded
                                                    from the Maryland SIP the April 2001                    applicable to individual emitting units               mandate or significantly or uniquely
                                                    Consent Order between Maryland and                      should provide additional NOX                         affect small governments, as described
                                                    Constellation Power Source Generation                   emission reductions. EPA believes the                 in the Unfunded Mandates Reform Act
                                                    (Constellation) which functioned as a                   emission reductions from this NOX                     of 1995 (Pub. L. 104–4);
                                                    NOX averaging plan for compliance with                  averaging plan will be beneficial to both                • does not have federalism
                                                    COMAR 26.11.09.08 for ten units at five                 Maryland and the ozone transport                      implications as specified in Executive
                                                    facilities—Brandon Shores units 1 and                   region (OTR). Therefore, EPA is                       Order 13132 (64 FR 43255, August 10,
                                                    2; C.P. Crane units 1 and 2; H.A. Wagner                proposing to approve this SIP revision                1999);
                                                    units 1 through 4; Gould Street unit 3;                 in accordance with requirements in                       • is not an economically significant
                                                    and Riverside unit 4. EPA had approved                  CAA section 110. EPA is soliciting                    regulatory action based on health or
                                                    the April 2001 Consent Order between                    public comments on the issues                         safety risks subject to Executive Order
                                                    Maryland and Constellation into the                     discussed in this document and these                  13045 (62 FR 19885, April 23, 1997);
                                                    Maryland SIP on February 27, 2002 (67                   comments will be considered before                       • is not a significant regulatory action
                                                    FR 8897). The 2001 NOX averaging plan                   taking final action.                                  subject to Executive Order 13211 (66 FR
                                                    is no longer effective for compliance                                                                         28355, May 22, 2001);
                                                    with COMAR 26.11.09.08 as                               IV. Incorporation by Reference                           • is not subject to requirements of
                                                    Constellation is not the owner of all of                                                                      Section 12(d) of the National
                                                                                                              In this proposed rule, EPA is                       Technology Transfer and Advancement
                                                    these units and COMAR 26.11.09.08                       proposing to include in a final EPA rule
                                                    permitted system-wide averaging only                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                                                                                            regulatory text that includes                         application of those requirements would
                                                    when the same person owned or                           incorporation by reference. In
                                                    operated all affected units. COMAR                                                                            be inconsistent with the CAA; and
                                                                                                            accordance with requirements of 1 CFR                    • does not provide EPA with the
                                                    26.11.09.08.B(4)(a).
                                                                                                            51.5, EPA is proposing to incorporate by              discretionary authority to address, as
                                                    III. Proposed Action                                    reference Maryland’s Consent                          appropriate, disproportionate human
                                                       EPA has evaluated Maryland’s SIP                     Agreement with Raven Power                            health or environmental effects, using
                                                    revision submittal and believes Raven                   concerning a NOX averaging plan                       practicable and legally permissible
                                                    Power’s NOX emissions averaging plan                    discussed in section II of this document              methods, under Executive Order 12898
                                                    meets all the applicable requirements of                as well as in the TSD supporting this                 (59 FR 7629, February 16, 1994).
                                                    the SIP-approved COMAR 26.11.09.08,                     rulemaking action. EPA has made, and                     In addition, this proposed rule
                                                    particularly subsection .08B(4) for                     will continue to make, these materials                concerning Maryland’s NOX averaging
                                                    emissions averaging. The Consent                        generally available through http://                   plan Consent Agreement with Raven
                                                    Agreement also includes appropriate                     www.regulations.gov and/or at the EPA                 Power does not have tribal implications
                                                    provisions for monitoring,                              Region III Office (please contact the                 as specified by Executive Order 13175
                                                    recordkeeping, and reporting as well as                 person identified in the FOR FURTHER                  (65 FR 67249, November 9, 2000),
                                                    assuring compliance and enforceability.                 INFORMATION CONTACT section of this                   because the SIP is not approved to apply
                                                    As discussed in the TSD in more detail,                 preamble for more information).                       in Indian country located in the state,
                                                    EPA expects the Consent Agreement                       V. Statutory and Executive Order                      and EPA notes that it will not impose
                                                    will strengthen the Maryland SIP and                    Reviews                                               substantial direct costs on tribal
                                                    lead to additional NOX emission                                                                               governments or preempt tribal law.
                                                    reductions. Thus, the SIP is approvable                   Under the CAA, the Administrator is
                                                    under CAA section 110.                                  required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                                       In addition, EPA finds that this SIP                 that complies with the provisions of the                Environmental protection, Air
                                                    revision submittal meets the                            CAA and applicable Federal regulations.               pollution control, Incorporation by
                                                    requirements of CAA section 110(l) as it                42 U.S.C. 7410(k); 40 CFR 52.02(a).                   reference, Nitrogen dioxide, Ozone,
                                                    will not interfere with attainment and                  Thus, in reviewing SIP submissions,                   Reporting and recordkeeping
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    maintenance of any NAAQS, reasonable                    EPA’s role is to approve state choices,               requirements.
                                                    further progress, or any other applicable               provided that they meet the criteria of                 Authority: 42 U.S.C. 7401 et seq.
                                                    CAA requirement, because the NOX                        the CAA. Accordingly, this action
                                                    averaging plan requires that annual                     merely approves state law as meeting                    Dated: December 12, 2016.
                                                    system-wide NOX mass emissions from                     Federal requirements and does not                     Shawn M. Garvin,
                                                    Brandon Shores and Wagner be at least                   impose additional requirements beyond                 Regional Administrator, Region III.
                                                    twenty percent less than otherwise                      those imposed by state law. For that                  [FR Doc. 2016–31025 Filed 12–23–16; 8:45 am]
                                                    allowed from these affected units by the                reason, this proposed action:                         BILLING CODE 6560–50–P




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Document Created: 2018-02-14 09:13:12
Document Modified: 2018-02-14 09:13:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before January 26, 2017.
ContactIrene Shandruk, (215) 814-2166, or by email at [email protected]
FR Citation81 FR 95078 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements

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