82_FR_3240 82 FR 3233 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Nitrogen Oxide Emissions from Coal-Fired Electric Generating Units

82 FR 3233 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Nitrogen Oxide Emissions from Coal-Fired Electric Generating Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 7 (January 11, 2017)

Page Range3233-3234
FR Document2017-00309

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This SIP submittal consists of a regulation for inclusion in the Maryland SIP which regulates nitrogen oxides (NO<INF>X</INF>) emissions from seven coal-fired electric generating units (EGU) in the State. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 7 (Wednesday, January 11, 2017)
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3233-3234]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00309]



[[Page 3233]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0238; FRL-9957-87-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Nitrogen Oxide Emissions from Coal-Fired Electric 
Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This SIP submittal consists of a regulation for 
inclusion in the Maryland SIP which regulates nitrogen oxides 
(NOX) emissions from seven coal-fired electric generating 
units (EGU) in the State. This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before February 10, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0238 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, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 20, 2015, the State of Maryland, 
through the Maryland Department of the Environment (MDE), submitted a 
revision to its SIP seeking to include regulation COMAR 
26.11.38.01--.05--Control of NOX Emissions from Coal-Fired 
Electric Generating Units, in the Maryland SIP. On September 8, 2016, 
MDE provided a letter to EPA to clarify that this regulation was 
submitted as a SIP strengthening measure, and not as a submission to 
address reasonably available control technology (RACT) for coal-fired 
EGUs.\1\
---------------------------------------------------------------------------

    \1\ Subsequent to MDE's submission of this SIP revision to EPA, 
the State finalized several changes to COMAR 26.11.38 that were 
effective on December 10, 2015. This subsequent MDE action modified 
sections .01, recodified sections .04 and .05 to sections .05 and 
.06, respectively, and added new sections .04 and .07. These changes 
to COMAR 26.11.38 have not yet been submitted to EPA for 
incorporation in the Maryland SIP. EPA is proposing approval of 
sections .01 through .05 of COMAR 26.11.38 as submitted by MDE on 
November 20, 2015, which had a state effective date of August 31, 
2015.\\
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I. Background

    On March 12, 2008, EPA strengthened the national ambient air 
quality standards (NAAQS) for ground level ozone, setting both the 
primary and secondary standards to a level of 0.075 parts per million 
(ppm) or 75 parts per billion (ppb) averaged over an 8-hour period 
(2008 ozone NAAQS). On May 21, 2012 (77 FR 30088), EPA designated areas 
that were not attaining the 2008 ozone NAAQS as nonattainment, 
including the following three areas or portions of areas in Maryland: 
Cecil County (part of the Philadelphia-Wilmington-Atlantic City 
Nonattainment Area); Calvert, Charles, Frederick, Montgomery, and 
Prince Georges Counties (part of the Washington, DC-MD-VA Nonattainment 
Area); and Anne Arundel, Baltimore, Carroll, Harford, and Howard 
Counties and the City of Baltimore (the Baltimore Nonattainment Area). 
The Philadelphia-Wilmington-Atlantic City Area and Washington, DC-MD-VA 
Area were classified as marginal nonattainment areas, and the Baltimore 
Area was classified as a moderate nonattainment area for the 2008 ozone 
NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On November 20, 2015, MDE submitted a regulation as a SIP revision 
for EPA approval and incorporation into the Maryland SIP. The revision 
consists of Maryland regulation COMAR 26.11.38--Control of 
NOX Emissions from Coal-Fired Electric Generating Units. The 
regulation, effective in August 2015, establishes NOX 
emission standards and additional monitoring and reporting requirements 
for coal-fired EGUs.
    COMAR 26.11.38 defines the affected units for the regulation as 
Brandon Shores Units 1 and 2, C.P. Crane Units 1 and 2, Chalk Point 
Units 1 and 2, Dickerson Units 1, 2, and 3, H.A. Wagner Units 2 and 3, 
Morgantown Units 1 and 2, and Warrior Run. The regulation requires an 
affected EGU to minimize NOX emissions by operating and 
optimizing the use of all installed pollution controls and combustion 
controls during all times that the unit is in operation while burning 
coal. For demonstrating compliance with this requirement, the owner or 
operator is required to submit a plan to MDE and EPA for approval that 
summarizes the data to be collected to show that each affected EGU is 
operating its installed controls.
    The regulation establishes a system-wide emissions rate of 0.15 
pounds per million British thermal units (lbs/mmBtu) on a 30-day 
rolling average for coal-burning EGUs during the ozone season.\2\ 
System-wide emissions are an aggregation of NOX emissions 
from all coal-fired EGUs owned, operated, or controlled by the same 
company. Continuous emissions monitoring (CEM) systems already 
installed on these units as a requirement of previous federal and state 
programs, will be used to track system-wide emissions and to determine 
compliance with the 30-day rolling average emissions limit. See COMAR 
26.11.38.05. The 0.15 lb/mmBtu emission rate does not apply to C.P. 
Crane and AES Warrior Run, as they are not a part of a system.
---------------------------------------------------------------------------

    \2\ The limit does not apply to an EGU located at a facility 
that is solely owned, operated, or controlled. AES Warrior Run is 
subject to a limit of 0.10 lb/mmBtu and Charles P. Crane is subject 
to the 24-hour block average rates which trigger reporting 
requirements.
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    To demonstrate compliance with the requirement to optimize 
controls, MDE established 24-hour block emissions levels for each coal-
burning EGU based on historical emissions data. Id. During the ozone 
season, EGU owners are required to provide a daily report for any unit 
that exceeds its 24-hour emissions level. The report requires specific 
operating data and an explanation of any exceedances of the 24-hour 
level. A detailed discussion of the requirements of regulation COMAR 
26.11.38 may be found in the EPA technical support document (TSD) 
prepared in support of this proposed rulemaking, which is available in 
the

[[Page 3234]]

docket for this rulemaking action and online at www.regulations.gov.
    The 14 affected units at the seven plants that are subject to COMAR 
26.11.38 have all installed controls as a result of programs requiring 
NOX reductions by previous regulatory requirements such as 
the NOX SIP Call (65 FR 57356, October 27, 1998), the Clean 
Air Interstate Rule (CAIR) (70 FR 25162, May 12, 2005), the Cross State 
Air Pollution Rule (CSAPR) (76 FR 48208, August 8, 2011), and 
Maryland's Healthy Air Act (HAA). All of the affected units have either 
selective catalytic reduction (SCR), selective non-catalytic reduction 
(SNCR), or selective alternative catalytic reduction (SACR).
    EPA finds that the submittal strengthens the Maryland SIP. COMAR 
26.11.38 imposes NOX emissions limits on units subject to 
the regulation which are expected to lower NOX emissions 
within the State. The NOX emissions limits plus the 
operation and optimization of the existing NOX controls 
whenever the units are in operation will help Maryland's attainment and 
maintenance of the 2008 ozone NAAQS. EPA's detailed analysis of the 
Maryland submittal can be found in the TSD developed in support of this 
proposed rulemaking action, and can be found in the docket for this 
rulemaking action and at www.regulations.gov.

III. Proposed Action

    EPA is proposing to approve the November 20, 2015 Maryland SIP 
submittal which seeks to include regulation COMAR 26.11.38, Control of 
Nitrogen Oxides Emissions from Coal-Fired Electric Generating Units, in 
the Maryland SIP as a SIP strengthening measure in accordance with CAA 
section 110. 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 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 regulation COMAR 26.11.28--Control of 
Nitrogen Oxides Emissions from Coal-Fired Electric Generating Units. 
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 action proposing to approve Maryland's regulation 
to control NOX emissions from coal-fired electric generating 
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.

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

    Dated: December 16, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2017-00309 Filed 1-10-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Proposed Rules                                                      3233

                                                  ENVIRONMENTAL PROTECTION                                SUPPLEMENTARY INFORMATION:       On                    Units. The regulation, effective in
                                                  AGENCY                                                  November 20, 2015, the State of                        August 2015, establishes NOX emission
                                                                                                          Maryland, through the Maryland                         standards and additional monitoring
                                                  40 CFR Part 52                                          Department of the Environment (MDE),                   and reporting requirements for coal-
                                                  [EPA–R03–OAR–2016–0238; FRL–9957–87–                    submitted a revision to its SIP seeking                fired EGUs.
                                                  Region 3]                                               to include regulation COMAR                               COMAR 26.11.38 defines the affected
                                                                                                          26.11.38.01—.05—Control of NOX                         units for the regulation as Brandon
                                                  Approval and Promulgation of Air                        Emissions from Coal-Fired Electric                     Shores Units 1 and 2, C.P. Crane Units
                                                  Quality Implementation Plans;                           Generating Units, in the Maryland SIP.                 1 and 2, Chalk Point Units 1 and 2,
                                                  Maryland; Control of Nitrogen Oxide                     On September 8, 2016, MDE provided a                   Dickerson Units 1, 2, and 3, H.A.
                                                  Emissions from Coal-Fired Electric                      letter to EPA to clarify that this                     Wagner Units 2 and 3, Morgantown
                                                  Generating Units                                        regulation was submitted as a SIP                      Units 1 and 2, and Warrior Run. The
                                                                                                          strengthening measure, and not as a                    regulation requires an affected EGU to
                                                  AGENCY:  Environmental Protection
                                                  Agency (EPA).                                           submission to address reasonably                       minimize NOX emissions by operating
                                                                                                          available control technology (RACT) for                and optimizing the use of all installed
                                                  ACTION: Proposed rule.
                                                                                                          coal-fired EGUs.1                                      pollution controls and combustion
                                                  SUMMARY:    The Environmental Protection                                                                       controls during all times that the unit is
                                                                                                          I. Background
                                                  Agency (EPA) is proposing to approve a                                                                         in operation while burning coal. For
                                                  state implementation plan (SIP) revision                   On March 12, 2008, EPA strengthened                 demonstrating compliance with this
                                                  submitted by the State of Maryland.                     the national ambient air quality                       requirement, the owner or operator is
                                                  This SIP submittal consists of a                        standards (NAAQS) for ground level                     required to submit a plan to MDE and
                                                  regulation for inclusion in the Maryland                ozone, setting both the primary and                    EPA for approval that summarizes the
                                                  SIP which regulates nitrogen oxides                     secondary standards to a level of 0.075                data to be collected to show that each
                                                  (NOX) emissions from seven coal-fired                   parts per million (ppm) or 75 parts per                affected EGU is operating its installed
                                                  electric generating units (EGU) in the                  billion (ppb) averaged over an 8-hour                  controls.
                                                  State. This action is being taken under                 period (2008 ozone NAAQS). On May                         The regulation establishes a system-
                                                  the Clean Air Act (CAA).                                21, 2012 (77 FR 30088), EPA designated                 wide emissions rate of 0.15 pounds per
                                                  DATES: Written comments must be
                                                                                                          areas that were not attaining the 2008                 million British thermal units (lbs/
                                                  received on or before February 10, 2017.                ozone NAAQS as nonattainment,                          mmBtu) on a 30-day rolling average for
                                                                                                          including the following three areas or                 coal-burning EGUs during the ozone
                                                  ADDRESSES: Submit your comments,
                                                                                                          portions of areas in Maryland: Cecil                   season.2 System-wide emissions are an
                                                  identified by Docket ID No. EPA–R03–
                                                                                                          County (part of the Philadelphia-                      aggregation of NOX emissions from all
                                                  OAR–2016–0238 at http://
                                                                                                          Wilmington-Atlantic City                               coal-fired EGUs owned, operated, or
                                                  www.regulations.gov, or via email to
                                                                                                          Nonattainment Area); Calvert, Charles,                 controlled by the same company.
                                                  pino.maria@epa.gov. For comments
                                                                                                          Frederick, Montgomery, and Prince                      Continuous emissions monitoring
                                                  submitted at Regulations.gov, follow the
                                                  online instructions for submitting                      Georges Counties (part of the                          (CEM) systems already installed on
                                                  comments. Once submitted, comments                      Washington, DC-MD-VA Nonattainment                     these units as a requirement of previous
                                                  cannot be edited or removed from                        Area); and Anne Arundel, Baltimore,                    federal and state programs, will be used
                                                  Regulations.gov. For either manner of                   Carroll, Harford, and Howard Counties                  to track system-wide emissions and to
                                                  submission, the EPA may publish any                     and the City of Baltimore (the Baltimore               determine compliance with the 30-day
                                                  comment received to its public docket.                  Nonattainment Area). The Philadelphia-                 rolling average emissions limit. See
                                                  Do not submit electronically any                        Wilmington-Atlantic City Area and                      COMAR 26.11.38.05. The 0.15 lb/
                                                  information you consider to be                          Washington, DC-MD-VA Area were                         mmBtu emission rate does not apply to
                                                  confidential business information (CBI)                 classified as marginal nonattainment                   C.P. Crane and AES Warrior Run, as
                                                  or other information whose disclosure is                areas, and the Baltimore Area was                      they are not a part of a system.
                                                  restricted by statute. Multimedia                       classified as a moderate nonattainment                    To demonstrate compliance with the
                                                  submissions (audio, video, etc.) must be                area for the 2008 ozone NAAQS.                         requirement to optimize controls, MDE
                                                  accompanied by a written comment.                       II. Summary of SIP Revision and EPA                    established 24-hour block emissions
                                                  The written comment is considered the                   Analysis                                               levels for each coal-burning EGU based
                                                  official comment and should include                                                                            on historical emissions data. Id. During
                                                                                                             On November 20, 2015, MDE                           the ozone season, EGU owners are
                                                  discussion of all points you wish to
                                                                                                          submitted a regulation as a SIP revision               required to provide a daily report for
                                                  make. The EPA will generally not
                                                  consider comments or comment                            for EPA approval and incorporation into                any unit that exceeds its 24-hour
                                                  contents located outside of the primary                 the Maryland SIP. The revision consists                emissions level. The report requires
                                                  submission (i.e. on the web, cloud, or                  of Maryland regulation COMAR                           specific operating data and an
                                                  other file sharing system). For                         26.11.38—Control of NOX Emissions                      explanation of any exceedances of the
                                                  additional submission methods, please                   from Coal-Fired Electric Generating                    24-hour level. A detailed discussion of
                                                  contact the person identified in the FOR                  1 Subsequent to MDE’s submission of this SIP
                                                                                                                                                                 the requirements of regulation COMAR
                                                  FURTHER INFORMATION CONTACT section.                    revision to EPA, the State finalized several changes   26.11.38 may be found in the EPA
                                                  For the full EPA public comment policy,                 to COMAR 26.11.38 that were effective on               technical support document (TSD)
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  information about CBI or multimedia                     December 10, 2015. This subsequent MDE action          prepared in support of this proposed
                                                  submissions, and general guidance on                    modified sections .01, recodified sections .04 and     rulemaking, which is available in the
                                                                                                          .05 to sections .05 and .06, respectively, and added
                                                  making effective comments, please visit                 new sections .04 and .07. These changes to COMAR
                                                  http://www2.epa.gov/dockets/                            26.11.38 have not yet been submitted to EPA for           2 The limit does not apply to an EGU located at

                                                  commenting-epa-dockets.                                 incorporation in the Maryland SIP. EPA is              a facility that is solely owned, operated, or
                                                                                                          proposing approval of sections .01 through .05 of      controlled. AES Warrior Run is subject to a limit
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          COMAR 26.11.38 as submitted by MDE on                  of 0.10 lb/mmBtu and Charles P. Crane is subject
                                                  Marilyn Powers, (215) 814–2308 or by                    November 20, 2015, which had a state effective date    to the 24-hour block average rates which trigger
                                                  email at powers.marilyn@epa.gov.                        of August 31, 2015.                                    reporting requirements.



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                                                  3234                  Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Proposed Rules

                                                  docket for this rulemaking action and                   V. Statutory and Executive Order                       located in the state, and EPA notes that
                                                  online at www.regulations.gov.                          Reviews                                                it will not impose substantial direct
                                                     The 14 affected units at the seven                      Under the CAA, the Administrator is                 costs on tribal governments or preempt
                                                  plants that are subject to COMAR                        required to approve a SIP submission                   tribal law.
                                                  26.11.38 have all installed controls as a               that complies with the provisions of the               List of Subjects in 40 CFR Part 52
                                                  result of programs requiring NOX                        CAA and applicable federal regulations.
                                                  reductions by previous regulatory                       42 U.S.C. 7410(k); 40 CFR 52.02(a).                      Environmental protection, Air
                                                  requirements such as the NOX SIP Call                   Thus, in reviewing SIP submissions,                    pollution control, Incorporation by
                                                  (65 FR 57356, October 27, 1998), the                    EPA’s role is to approve state choices,                reference, Nitrogen dioxide, Ozone,
                                                  Clean Air Interstate Rule (CAIR) (70 FR                 provided that they meet the criteria of                Reporting and recordkeeping
                                                  25162, May 12, 2005), the Cross State                   the CAA. Accordingly, this action                      requirements.
                                                  Air Pollution Rule (CSAPR) (76 FR                       merely approves state law as meeting                     Authority: 42 U.S.C. 7401 et seq.
                                                  48208, August 8, 2011), and Maryland’s                  federal requirements and does not                        Dated: December 16, 2016.
                                                  Healthy Air Act (HAA). All of the                       impose additional requirements beyond                  Shawn M. Garvin,
                                                  affected units have either selective                    those imposed by state law. For that
                                                  catalytic reduction (SCR), selective non-                                                                      Regional Administrator, Region III.
                                                                                                          reason, this proposed action:
                                                  catalytic reduction (SNCR), or selective                                                                       [FR Doc. 2017–00309 Filed 1–10–17; 8:45 am]
                                                                                                             • Is not a ‘‘significant regulatory
                                                  alternative catalytic reduction (SACR).                 action’’ subject to review by the Office               BILLING CODE 6560–50–P

                                                     EPA finds that the submittal                         of Management and Budget under
                                                  strengthens the Maryland SIP. COMAR                     Executive Orders 12866 (58 FR 51735,
                                                  26.11.38 imposes NOX emissions limits                                                                          ENVIRONMENTAL PROTECTION
                                                                                                          October 4, 1993) and 13563 (76 FR 3821,                AGENCY
                                                  on units subject to the regulation which                January 21, 2011);
                                                  are expected to lower NOX emissions                        • does not impose an information                    40 CFR Parts 52 and 81
                                                  within the State. The NOX emissions                     collection burden under the provisions
                                                  limits plus the operation and                           of the Paperwork Reduction Act (44
                                                  optimization of the existing NOX                                                                               [EPA–R04–OAR–2012–0773; FRL–9957–92–
                                                                                                          U.S.C. 3501 et seq.);                                  Region 4]
                                                  controls whenever the units are in                         • is certified as not having a
                                                  operation will help Maryland’s                          significant economic impact on a                       Air Plan Approval and Air Quality
                                                  attainment and maintenance of the 2008                  substantial number of small entities                   Designation; KY; Redesignation of the
                                                  ozone NAAQS. EPA’s detailed analysis                    under the Regulatory Flexibility Act (5                Kentucky Portion of the Louisville 1997
                                                  of the Maryland submittal can be found                  U.S.C. 601 et seq.);                                   Annual PM2.5 Nonattainment Area to
                                                  in the TSD developed in support of this                    • does not contain any unfunded                     Attainment
                                                  proposed rulemaking action, and can be                  mandate or significantly or uniquely
                                                  found in the docket for this rulemaking                 affect small governments, as described                 AGENCY:  Environmental Protection
                                                  action and at www.regulations.gov.                      in the Unfunded Mandates Reform Act                    Agency (EPA).
                                                  III. Proposed Action                                    of 1995 (Pub. L. 104–4);                               ACTION: Proposed rule.
                                                                                                             • does not have federalism
                                                    EPA is proposing to approve the                       implications as specified in Executive                 SUMMARY:    On March 5, 2012, the
                                                  November 20, 2015 Maryland SIP                          Order 13132 (64 FR 43255, August 10,                   Commonwealth of Kentucky, through
                                                  submittal which seeks to include                        1999);                                                 the Kentucky Energy and Environment
                                                  regulation COMAR 26.11.38, Control of                      • is not an economically significant                Cabinet, Division for Air Quality (DAQ),
                                                  Nitrogen Oxides Emissions from Coal-                    regulatory action based on health or                   submitted a request for the
                                                  Fired Electric Generating Units, in the                 safety risks subject to Executive Order                Environmental Protection Agency (EPA)
                                                  Maryland SIP as a SIP strengthening                     13045 (62 FR 19885, April 23, 1997);                   to redesignate the portion of Kentucky
                                                  measure in accordance with CAA                             • is not a significant regulatory action            that is within the bi-state Louisville,
                                                  section 110. EPA is soliciting public                   subject to Executive Order 13211 (66 FR                KY–IN fine particulate matter (PM2.5)
                                                  comments on the issues discussed in                     28355, May 22, 2001);                                  nonattainment area (hereafter referred to
                                                  this document. These comments will be                      • is not subject to requirements of                 as the ‘‘bi-state Louisville Area’’ or
                                                  considered before taking final action.                  Section 12(d) of the National                          ‘‘Area’’) to attainment for the 1997
                                                                                                          Technology Transfer and Advancement                    Annual PM2.5 national ambient air
                                                  IV. Incorporation by Reference
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because               quality standards (NAAQS) and to
                                                    In this proposed rule, EPA is                         application of those requirements would                approve a state implementation plan
                                                  proposing to include in a final EPA rule                be inconsistent with the CAA; and                      (SIP) revision containing a maintenance
                                                  regulatory text that includes                              • does not provide EPA with the                     plan for the Area. EPA is proposing to
                                                  incorporation by reference. In                          discretionary authority to address, as                 approve the Commonwealth’s plan for
                                                  accordance with requirements of 1 CFR                   appropriate, disproportionate human                    maintaining the 1997 Annual PM2.5
                                                  51.5, EPA is proposing to incorporate by                health or environmental effects, using                 NAAQS in the Area, including the
                                                  reference Maryland regulation COMAR                     practicable and legally permissible                    motor vehicle emission budgets
                                                  26.11.28—Control of Nitrogen Oxides                     methods, under Executive Order 12898                   (MVEBs) for nitrogen oxide (NOX) and
                                                  Emissions from Coal-Fired Electric                      (59 FR 7629, February 16, 1994).                       PM2.5 for the years 2015 and 2025 for
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Generating Units. EPA has made, and                        In addition, this action proposing to               the bi-state Louisville Area, and
                                                  will continue to make, these materials                  approve Maryland’s regulation to                       incorporate it into the SIP, and to
                                                  generally available through http://                     control NOX emissions from coal-fired                  redesignate the Kentucky portion of the
                                                  www.regulations.gov and/or at the EPA                   electric generating units does not have                Area to attainment for the 1997 Annual
                                                  Region III Office (please contact the                   tribal implications as specified by                    PM2.5 NAAQS. EPA is also notifying the
                                                  person identified in the FOR FURTHER                    Executive Order 13175 (65 FR 67249,                    public of the status of EPA’s adequacy
                                                  INFORMATION CONTACT section of this                     November 9, 2000), because the SIP is                  determination for the MVEBs for the bi-
                                                  preamble for more information).                         not approved to apply in Indian country                state Louisville Area.


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Document Created: 2018-02-01 14:59:26
Document Modified: 2018-02-01 14:59:26
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 February 10, 2017.
ContactMarilyn Powers, (215) 814-2308 or by email at [email protected]
FR Citation82 FR 3233 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements

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