83_FR_39167 83 FR 39014 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX

83 FR 39014 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; NOX

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39014-39017
FR Document2018-16778

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision (Maryland SIP Revision #18-03) pertains to a new Maryland regulation that establishes ozone season nitrogen oxides (NO<INF>X</INF>) emissions caps and other requirements for large non-electric generating units (non-EGU) in Maryland and includes associated revisions to two other Maryland regulations. The revisions will enable Maryland to meet NO<INF>X</INF> reduction requirements related to interstate transport of pollution that contributes to other states' nonattainment or interferes with other states' maintenance of the ozone national ambient air quality standards (NAAQS). This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Proposed Rules]
[Pages 39014-39017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16778]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0507; FRL-9981-77--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; NOX Ozone Season Emissions Caps for Non-Trading Large NOX 
Units and Associated Revisions to General Administrative Provisions and 
Kraft Pulp Mill Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision (Maryland SIP Revision #18-03) 
pertains to a new Maryland regulation that establishes ozone season 
nitrogen oxides (NOX) emissions caps and other requirements 
for large non-electric generating units (non-EGU) in Maryland and 
includes associated revisions to two other Maryland regulations. The 
revisions will enable Maryland to meet NOX reduction 
requirements related to interstate transport of pollution that 
contributes to other states' nonattainment or interferes with other 
states' maintenance of the ozone national ambient air quality standards 
(NAAQS). This action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 7, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2018-0507 at http://www.regulations.gov, or via email to 
spielberger.susan@epa.gov. 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

[[Page 39015]]

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: Marilyn Powers, (215) 814-2308, or by 
email at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: On May 15, 2018, the State of Maryland, 
through the Maryland Department of the Environment (MDE), submitted for 
approval into the Maryland SIP new Code of Maryland Regulation (COMAR) 
26.11.40--NOX Ozone Season Emission Caps for Non-Trading Large NOX 
Units and revisions to two regulations presently included in the 
Maryland SIP, COMAR 26.11.01.01--General Administrative Provisions and 
COMAR 26.11.14--Control of Emissions from Kraft Pulp Mills to EPA.

I. Background

    In October 1998 (63 FR 57356), EPA finalized the ``Finding of 
Significant Contribution and Rulemaking for Certain States in the Ozone 
Transport Assessment Group Region for Purposes of Reducing Regional 
Transport of Ozone''--commonly called the NOX SIP Call. The 
NOX SIP Call, issued pursuant to Section 110 of the CAA, was 
designed to mitigate significant transport of NOX, one of 
the precursors of ozone. EPA developed the NOX Budget 
Trading Program, an allowance trading program that states could adopt 
to meet their obligations under the NOX SIP Call. The 
NOX Budget Trading Program allowed electric generating units 
(EGUs) greater than 25 megawatts and industrial non-electric generating 
units, such as boilers and turbines, with a rated heat input greater 
than 250 million British thermal units per hour (MMBtu/hr), referred to 
as ``large non-EGUs'', to participate in a regional NOX cap 
and trade program. The NOX SIP Call also established 
specific reduction requirements for other non-EGUs, including cement 
kilns and stationary internal combustion (IC) engines. On January 10, 
2001 (66 FR 1866), EPA approved two Maryland regulations, COMAR 
26.11.29--NOX Reduction and Trading Program, and COMAR 
26.11.30--Policies and Procedures Relating to Maryland's NOX 
Reduction and Trading Program, into the Maryland SIP as meeting the 
requirements of the NOX SIP Call. Under the approved trading 
program, large EGUs and large non-EGUs in Maryland participated in a 
regional cap and trade program that was administered by EPA.
    On May 12, 2005, (70 FR 25162), EPA promulgated the Clean Air 
Interstate Rule (CAIR) to address transported emissions that 
significantly contributed to downwind states' nonattainment and 
maintenance of the 1997 ozone and fine particulate matter 
(PM2.5) NAAQS. CAIR required 28 states, including Maryland, 
to reduce emissions of NOX and sulfur dioxide 
(SO2), which are precursors to ozone and PM2.5. 
Under CAIR, EPA developed separate cap and trade programs for annual 
NOX, ozone season NOX, and annual SO2 
emissions. On April 28, 2006 (71 FR 25328), EPA also promulgated 
federal implementation plans (FIPs) requiring the EGUs in each affected 
state, but not large non-EGUs, to participate in the CAIR trading 
programs. States could comply with the requirements of CAIR by either 
remaining on the FIP, which applied only to EGUs, or by submitting a 
CAIR SIP revision that included as trading sources EGUs and the non-
EGUs that formerly traded in the NOX Budget Trading Program 
under the NOX SIP Call. EPA discontinued administration of 
the NOX Budget Trading Program in 2009 upon the start of the 
CAIR trading programs.\1\ The NOX SIP Call requirements 
continued to apply, however, and EGUs that were formerly trading under 
the NOX Budget Trading Program continued to meet their 
NOX SIP Call requirements under the generally more stringent 
requirements of the CAIR ozone season trading program. States needed to 
assess their NOX SIP Call requirements and take other 
regulatory action as necessary to ensure that their obligations for the 
large non-EGUs continued to be met either through submission of a CAIR 
SIP or other NOX regulation. EPA has implementing 
regulations for the NOX SIP Call at 40 CFR 51.121.
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    \1\ CAIR was subsequently vacated and remanded. See North 
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified by 550 F.3d 
1176 (remanding CAIR). CAIR was replaced with the Cross-State Air 
Pollution Rule, or CSAPR (76 FR 48208, August 8, 2011), which, after 
legal challenges, was implemented starting in January 2015. The 
NOX Ozone Season Trading Program under CSAPR was replaced 
in Maryland and most other states by a new trading program for ozone 
season NOX under the CSAPR Update rule in January 2017 
(81 FR 74504, October 26, 2016).
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    In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper 
mill) was the only facility with non-EGUs that were affected by the 
NOX SIP Call and which participated in the NOX 
Budget Trading Program. When the CAIR NOX Ozone Season 
trading program replaced the NOX 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 
NOX Ozone Season trading program.\2\ Instead, in 2010, 
Maryland adopted COMAR 26.11.14.07-Control of Emissions from Kraft Pulp 
Mills, which, among other requirements, included provisions that 
address the NOX SIP Call non-EGU requirements in Maryland 
through a NOX ozone season tonnage cap of 947 tons for the 
Luke non-EGUs and monitoring, recordkeeping, and reporting in 
accordance with 40 CFR part 75. EPA conditionally approved COMAR 
26.11.14.07 into the Maryland SIP on August 30, 2016 (81 FR 59486) and 
took final approval on July 17, 2017 (82 FR 32641).
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    \2\ CAIR became obsolete upon implementation of the CSAPR 
program. Maryland subsequently took action rescinding its CAIR 
regulation (COMAR 26.11.28), and submitted a SIP revision to EPA 
which sought removal of the regulation in its entirety from the 
approved Maryland SIP. On July 17, 2017 (82 FR 32641), EPA approved 
the SIP revision removing the CAIR regulation from Maryland's SIP.
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    Subsequent to adoption of COMAR 26.11.14.07, MDE 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 NOX SIP Call as the units are greater 
than 250 MMBtu/hr. A review of the applicability of the NOX 
SIP Call to large non-EGUs in the State showed that there are three 
additional facilities having non-EGUs that are covered under the 
NOX SIP Call. MDE adopted new regulation COMAR 26.11.40 to 
reallocate the NOX emissions cap among the affected sources, 
and concurrently revised COMAR 26.11.14.07 to reflect a reduced cap for 
Luke. The NOX annual emissions cap for Maryland established 
for the NOX SIP Call is 1,013 tons per year of 
NOX, as established by EPA in 40 CFR part 97, subpart E, 
Appendix C.

II. Summary of SIP Revision and EPA Analysis

    On May 15, 2018, Maryland, through MDE, submitted for inclusion in 
the Maryland SIP new regulation COMAR 26.11.40--NOX Ozone 
Season Emission Caps for Non-trading Large NOX Units,

[[Page 39016]]

and associated revisions to COMAR 26.11.01.01--General Administrative 
Provisions, and COMAR 26.11.14--Control of Emissions from Kraft Pulp 
Mills.
    New COMAR 26.11.40 establishes NOX ozone season tonnage 
caps and NOX monitoring requirements for large non-EGUs in 
the State that are not covered under the Cross-State Air Pollution Rule 
(CSAPR) to meet requirements of the NOX SIP Call. Regulation 
.01 under COMAR 26.11.40 defines the terms used in COMAR 26.11.40, 
including ``boiler'', ``combined cycle system'', ``combustion 
turbine'', ``fossil-fuel'', ``fossil fuel-fired'', ``new unit'', ``new 
unit set-aside'', ``non-trading large NOX unit'', and 
``ozone season''. The definition of non-trading large NOX 
unit in Regulation .01 lists two categories of sources: (1) Non-EGUs 
with a maximum design heat input greater than 250 MMBtu/hr, and (2) 
fossil fuel-fired EGUs serving a generator with a nameplate capacity 
greater than 25 megawatt output. Maryland explains its intent that 
these definitions apply to non-EGUs and EGUs as defined for purposes of 
the NOX SIP Call as amended.\3\ In addition to the 
definitions of non-trading large NOX unit, Maryland 
clarifies its intent by specifically listing in Regulation .02 all 
units in the State that currently meet the definitions. Regulation .01 
also clarifies that non-EGUs subject to this rule are units that are 
not already subject to the CSAPR NOX Ozone Season Group 2 
Trading Program under 40 CFR part 97, subpart EEEEE.
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    \3\ The definitions for non-EGUs and EGUs are set forth in the 
preamble to the April 2004 NOX SIP Call amendments. See 
69 FR 21604 and 21616, April 21, 2004.
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    Regulation .02 under COMAR 26.11.40 lists the currently affected 
non-EGUs meeting the definition of ``non-trading large NOX 
unit'' (shown in the following table), and includes a provision that 
any new unit installed after May 1, 2018 or an existing unit that is 
modified such that it meets the definition of a large non-EGU will 
become subject to the requirements of COMAR 26.11.40. Regulation .03 
under COMAR 26.11.40 establishes the NOX annual tonnage caps 
for each source. The affected units and their NOX ozone 
season caps are as follows:

------------------------------------------------------------------------
                                                             NOX ozone
            Facility                       Unit             season cap
                                                              (tons)
------------------------------------------------------------------------
American Sugar Refining........  C6.....................              24
Dominion Energy Cove Point LNG.  Frame 5-1 (Turbine                  214
                                  S009), Frame 5-2
                                  (Turbine S010), Frame
                                  7-A, Frame 7-B, Aux.
                                  A, Aux B.
Luke Paper Mill................  24, 25, and 26.........             656
National Institutes of Health..  5-1156.................              23
New unit set-aside.............  .......................              96
                                                         ---------------
    Total......................  .......................           1,013
------------------------------------------------------------------------

    Regulation .03 also establishes a 96 ton set aside for new units or 
modified existing units. The total, 1,013 tons of NOX, is 
consistent with the portion of the overall Maryland NOX 
Budget Trading Program budget for large non-EGUs.\4\ Regulation .03 
stipulates that the combined NOX ozone season emissions from 
units subject to COMAR 26.11.40 may not exceed 1,013 tons. Regulation 
.04 requires continuous emissions monitoring (CEM) of NOX 
emissions at affected units in accordance with 40 CFR part 75, subpart 
H, as required by 40 CFR 51.121(i)(4),\5\ maintenance of records and 
submittal of reports in accordance with 40 CFR part 75, and submittal 
of CEMs data to the State on a quarterly basis.
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    \4\ Maryland's NOX Budget Trading Program regulations 
included an overall budget of 15,466 tons for EGUs and non-EGUs. 
See, e.g., The NOX Budget Trading Program: 2008 
Highlights (October 2009) at 10, available at https://www.epa.gov/airmarkets/nox-budget-trading-program-historical-reports. While most 
of the overall budget was allocated directly to EGUs and non-EGUs 
(those shares were 13,793 tons and 947 tons, respectively), a 726-
ton portion was not assigned to either sector, but instead was 
placed in set-asides. To identify the portion of the overall 15,466-
ton budget attributable to non-EGUs that would be an appropriate cap 
for its replacement non-EGU rule, Maryland has therefore used the 
1,013-ton non-EGU portion of the overall budget of 15,532 tons 
established for Maryland's EGUs and non-EGUs under a different 
federal rule promulgated contemporaneously with the NOX 
SIP Call pursuant to CAA section 126. See 40 CFR part 97, subpart E, 
appendix C. In the absence of an express division of the State's 
overall NOX Budget Trading Program budget between EGUs 
and non-EGUs, EPA believes the State's approach to identifying an 
appropriate cap for its replacement non-EGU rule is reasonable.
    \5\ EPA's regulations implementing the NOX SIP Call 
are in 40 CFR 51.121.
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    To meet NOX SIP Call requirements and conform to COMAR 
26.11.40, Maryland revised regulation .07A of COMAR 26.11.14 Control of 
emissions from Kraft Pulp Mills to remove the 947 ton ozone season 
NOX cap that originally applied to the Luke Mill. A new 
provision in COMAR 26.11.14 establishes Luke's lower NOX cap 
via a cross reference to Luke's 636 ton per year cap in COMAR 
26.11.40.03. Regulation .07B removes the requirements for an owner or 
operator of a kraft pulp mill that exceeds the emission limit(s) 
specified in COMAR 26.11.14 to acquire one ozone season NOX 
allowance for every ton of NOX emissions over the limits to 
demonstrate compliance, and requires compliance instead to be 
demonstrated with the 636 ton per year cap via a CEMs meeting 40 CFR 
part 75. Maryland removed the provision for paper mills such as Luke 
Mill to acquire additional NOX allowances in order for the 
sources in the State to remain under Maryland's total NOX 
ozone season cap for the NOX SIP Call.
    Correspondingly, Maryland also revised a provision of COMAR 
26.11.01--General Administrative Provisions to remove the definition 
for ``NOX ozone season allowance'' which is no longer 
necessary because the revisions to COMAR 26.11.14 remove the 
requirement for fuel burning equipment at Luke to purchase 
NOX ozone season allowances for any exceedance over its 
specified limits.
    EPA finds that this May 2018 SIP submittal meets Maryland's 
NOX SIP Call requirements (including requirements in CAA 
section 110 and 40 CFR 51.121) for non-EGUs through: (1) New regulation 
COMAR 24.11.40 which updates the State's requirements to include all 
currently applicable large non-EGUs and any new non-EGUs under the 
NOX SIP Call; (2) the specified state-wide ozone season 
NOX emissions cap of 1013 tons which is consistent with the 
portion of the overall Maryland NOX emissions budget under 
the NOX Budget Trading Program attributable to non-EGUs, and 
(3) through the 40 CFR part 75 monitoring, recordkeeping and reporting 
requirements which apply for the affected non-EGUs. In addition, the

[[Page 39017]]

revisions remove the ability of kraft pulp mills that exceed their 
NOX limits and caps to comply by purchasing or otherwise 
acquiring NOX allowances from EPA's ozone season 
NOX trading program by removing these provisions in COMAR 
26.11.14 and 26.11.01. The removal of the provisions allowing purchase 
of additional allowances removes the potential for increased local 
NOX emissions.
    The May 15, 2018 Maryland SIP submittal does not result in 
increased NOX emissions, and therefore has no impact on any 
requirements related to attainment, reasonable further progress, or any 
other NAAQS requirements under the CAA. The submittal therefore meets 
section 110(l) of the CAA.

III. Proposed Action

    EPA's review of this material indicates that Maryland's May 18, 
2018 SIP revision submittal (Maryland SIP Revision #18-03) is 
approvable in accordance with CAA section 110. For the reasons noted 
previously, EPA is proposing to approve the Maryland SIP revision 
submitted on May 15, 2018. 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 action, 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 new Maryland regulation COMAR 26.11.40 and 
associated revisions to COMAR 26.11.01 and COMAR 26.11.14.07. EPA has 
made, and will continue to make, these materials generally available 
through http://www.regulations.gov and at the EPA Region III Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 approval of Maryland regulation 
COMAR 26.11.40 and associated revisions to other COMAR regulations 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, Sulfur oxides.

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

    Dated: July 24, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018-16778 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P



                                               39014                Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               would not interfere with continued                      beyond those imposed by state law. For                  Authority: 42 U.S.C. 7401 et seq.
                                               attainment of the NAAQS in the South                    that reason, this proposed action:                      Dated: July 24, 2018.
                                               Coast Air Basin. The intended effect of                    • Is not a ‘‘significant regulatory                Michael Stoker,
                                               our proposed conditional approval                       action’’ subject to review by the Office
                                                                                                                                                             Regional Administrator, Region IX.
                                               action is to update the applicable SIP                  of Management and Budget under
                                                                                                                                                             [FR Doc. 2018–16877 Filed 8–7–18; 8:45 am]
                                               with current SCAQMD rules and                           Executive Orders 12866 (58 FR 51735,
                                                                                                                                                             BILLING CODE 6560–50–P
                                               provide SCAQMD the opportunity to                       October 4, 1993) and 13563 (76 FR 3821,
                                               correct the identified deficiencies, as                 January 21, 2011);
                                               discussed in their commitment letter                       • Is not an Executive Order 13771 (82
                                                                                                       FR 9339, February 2, 2017) regulatory                 ENVIRONMENTAL PROTECTION
                                               dated June 26, 2018. If we finalize this
                                                                                                       action because SIP approvals are                      AGENCY
                                               action as proposed, our action would
                                               incorporate this rule into the federally                exempted under Executive Order 12866;                 40 CFR Part 52
                                               enforceable SIP and be codified through                    • Does not impose an information
                                               revisions to 40 CFR 52.220                              collection burden under the provisions                [EPA–R03–OAR–2018–0507; FRL–9981–
                                               (Identification of plan) and 40 CFR                     of the Paperwork Reduction Act (44                    77—Region 3]
                                               52.119 (Part D conditional approval).                   U.S.C. 3501 et seq.);
                                                  If the State meets its commitment to                    • Is certified as not having a                     Approval and Promulgation of Air
                                               submit the required measures within 12                  significant economic impact on a                      Quality Implementation Plans;
                                               months of the date of EPA’s final action,               substantial number of small entities                  Maryland; NOX Ozone Season
                                               Rule 1325 will remain a part of the SIP                 under the Regulatory Flexibility Act (5               Emissions Caps for Non-Trading Large
                                               until EPA takes final action approving                  U.S.C. 601 et seq.);                                  NOX Units and Associated Revisions to
                                               or disapproving any subsequently                           • Does not contain any unfunded                    General Administrative Provisions and
                                               submitted SIP revision. However, if the                 mandate or significantly or uniquely                  Kraft Pulp Mill Regulation
                                               District fails to submit a revision within              affect small governments, as described                AGENCY:  Environmental Protection
                                               the required timeframe, the conditional                 in the Unfunded Mandates Reform Act                   Agency (EPA).
                                               approval will automatically become a                    of 1995 (Pub. L. 104–4);                              ACTION: Proposed rule.
                                               disapproval, and EPA will issue a                          • Does not have Federalism
                                               finding of disapproval. EPA is not                      implications as specified in Executive                SUMMARY:   The Environmental Protection
                                               required to propose the finding of                      Order 13132 (64 FR 43255, August 10,                  Agency (EPA) is proposing to approve a
                                               disapproval.                                            1999);                                                state implementation plan (SIP) revision
                                                  We will accept comments from the                        • Is not an economically significant               submitted by the State of Maryland.
                                               public on this proposal until September                 regulatory action based on health or                  This revision (Maryland SIP Revision
                                               7, 2018. If we take final action to                     safety risks subject to Executive Order               #18–03) pertains to a new Maryland
                                               approve the submitted rule, our final                   13045 (62 FR 19885, April 23, 1997);                  regulation that establishes ozone season
                                               action will incorporate this rule into the                 • Is not a significant regulatory action           nitrogen oxides (NOX) emissions caps
                                               federally enforceable SIP.                              subject to Executive Order 13211 (66 FR               and other requirements for large non-
                                                                                                       28355, May 22, 2001);                                 electric generating units (non-EGU) in
                                               IV. Incorporation by Reference                             • Is not subject to requirements of                Maryland and includes associated
                                                  In this rule, the EPA is proposing to                Section 12(d) of the National                         revisions to two other Maryland
                                               include in a final EPA rule, regulatory                 Technology Transfer and Advancement                   regulations. The revisions will enable
                                               text that includes incorporation by                     Act of 1995 (15 U.S.C. 272 note) because              Maryland to meet NOX reduction
                                               reference. In accordance with                           application of those requirements would               requirements related to interstate
                                               requirements of 1 CFR 51.5, the EPA is                  be inconsistent with the Clean Air Act;               transport of pollution that contributes to
                                               proposing to incorporate by reference                   and                                                   other states’ nonattainment or interferes
                                               the SCAQMD rule listed in Table 1 of                       • does not provide the EPA with the                with other states’ maintenance of the
                                               this preamble. The EPA has made, and                    discretionary authority to address                    ozone national ambient air quality
                                               will continue to make, these materials                  disproportionate human health or                      standards (NAAQS). This action is being
                                               available electronically through                        environmental effects with practical,                 taken under the Clean Air Act (CAA).
                                               www.regulations.gov and in hard copy                    appropriate, and legally permissible
                                                                                                                                                             DATES: Written comments must be
                                               at the EPA Region IX Office (please                     methods under Executive Order 12898
                                                                                                                                                             received on or before September 7,
                                               contact the person identified in the FOR                (59 FR 7629, February 16, 1994).
                                                                                                                                                             2018.
                                               FURTHER INFORMATION CONTACT section of                     In addition, the SIP is not approved
                                               this preamble for more information).                    to apply on any Indian reservation land               ADDRESSES: Submit your comments,
                                                                                                       or in any other area where the EPA or                 identified by Docket ID No. EPA–R03–
                                               V. Statutory and Executive Order                                                                              OAR–2018–0507 at http://
                                                                                                       an Indian tribe has demonstrated that a
                                               Reviews                                                                                                       www.regulations.gov, or via email to
                                                                                                       tribe has jurisdiction. In those areas of
                                                 Under the Clean Air Act, the                          Indian country, the rule does not have                spielberger.susan@epa.gov. For
                                               Administrator is required to approve a                  tribal implications and will not impose               comments submitted at Regulations.gov,
                                               SIP submission that complies with the                   substantial direct costs on tribal                    follow the online instructions for
                                               provisions of the Act and applicable                    governments or preempt tribal law as                  submitting comments. Once submitted,
                                               federal regulations. 42 U.S.C. 7410(k);                 specified by Executive Order 13175 (65                comments cannot be edited or removed
amozie on DSK3GDR082PROD with PROPOSALS




                                               40 CFR 52.02(a). Thus, in reviewing SIP                 FR 67249, November 9, 2000).                          from Regulations.gov. For either manner
                                               submissions, the EPA’s role is to                                                                             of submission, EPA may publish any
                                               approve state choices, provided that                    List of Subjects in 40 CFR Part 52                    comment received to its public docket.
                                               they meet the criteria of the Clean Air                   Environmental protection, Air                       Do not submit electronically any
                                               Act. Accordingly, this proposed action                  pollution control, Incorporation by                   information you consider to be
                                               merely proposes to approve state law as                 reference, Intergovernmental relations,               confidential business information (CBI)
                                               meeting federal requirements and does                   Particulate matter, Reporting and                     or other information whose disclosure is
                                               not impose additional requirements                      recordkeeping requirements.                           restricted by statute. Multimedia


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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                 39015

                                               submissions (audio, video, etc.) must be                regulations, COMAR 26.11.29—NOX                       implementing regulations for the NOX
                                               accompanied by a written comment.                       Reduction and Trading Program, and                    SIP Call at 40 CFR 51.121.
                                               The written comment is considered the                   COMAR 26.11.30—Policies and                              In Maryland, Luke Paper Mill
                                               official comment and should include                     Procedures Relating to Maryland’s NOX                 (formerly the Westvaco pulp and paper
                                               discussion of all points you wish to                    Reduction and Trading Program, into                   mill) was the only facility with non-
                                               make. EPA will generally not consider                   the Maryland SIP as meeting the                       EGUs that were affected by the NOX SIP
                                               comments or comment contents located                    requirements of the NOX SIP Call.                     Call and which participated in the NOX
                                               outside of the primary submission (i.e.                 Under the approved trading program,                   Budget Trading Program. When the
                                               on the web, cloud, or other file sharing                large EGUs and large non-EGUs in                      CAIR NOX Ozone Season trading
                                               system). For additional submission                      Maryland participated in a regional cap               program replaced the NOX Budget
                                               methods, please contact the person                      and trade program that was                            Trading Program, Maryland adopted the
                                               identified in the FOR FURTHER                           administered by EPA.                                  CAIR program as it applied to large
                                               INFORMATION CONTACT section. For the                       On May 12, 2005, (70 FR 25162), EPA                EGUs, but chose not to include the non-
                                               full EPA public comment policy,                         promulgated the Clean Air Interstate                  EGUs at Luke as participants in the
                                               information about CBI or multimedia                     Rule (CAIR) to address transported                    CAIR NOX Ozone Season trading
                                               submissions, and general guidance on                    emissions that significantly contributed              program.2 Instead, in 2010, Maryland
                                               making effective comments, please visit                 to downwind states’ nonattainment and                 adopted COMAR 26.11.14.07–Control of
                                               http://www2.epa.gov/dockets/                            maintenance of the 1997 ozone and fine                Emissions from Kraft Pulp Mills, which,
                                               commenting-epa-dockets.                                 particulate matter (PM2.5) NAAQS. CAIR                among other requirements, included
                                               FOR FURTHER INFORMATION CONTACT:                        required 28 states, including Maryland,               provisions that address the NOX SIP
                                               Marilyn Powers, (215) 814–2308, or by                   to reduce emissions of NOX and sulfur                 Call non-EGU requirements in Maryland
                                               email at powers.marilyn@epa.gov.                        dioxide (SO2), which are precursors to                through a NOX ozone season tonnage
                                               SUPPLEMENTARY INFORMATION: On May                       ozone and PM2.5. Under CAIR, EPA                      cap of 947 tons for the Luke non-EGUs
                                               15, 2018, the State of Maryland, through                developed separate cap and trade                      and monitoring, recordkeeping, and
                                               the Maryland Department of the                          programs for annual NOX, ozone season                 reporting in accordance with 40 CFR
                                               Environment (MDE), submitted for                        NOX, and annual SO2 emissions. On                     part 75. EPA conditionally approved
                                               approval into the Maryland SIP new                      April 28, 2006 (71 FR 25328), EPA also                COMAR 26.11.14.07 into the Maryland
                                               Code of Maryland Regulation (COMAR)                     promulgated federal implementation                    SIP on August 30, 2016 (81 FR 59486)
                                               26.11.40—NOX Ozone Season Emission                      plans (FIPs) requiring the EGUs in each               and took final approval on July 17, 2017
                                               Caps for Non-Trading Large NOX Units                    affected state, but not large non-EGUs,               (82 FR 32641).
                                               and revisions to two regulations                        to participate in the CAIR trading                       Subsequent to adoption of COMAR
                                               presently included in the Maryland SIP,                 programs. States could comply with the                26.11.14.07, MDE determined that
                                               COMAR 26.11.01.01—General                               requirements of CAIR by either                        additional applicable units have either
                                               Administrative Provisions and COMAR                     remaining on the FIP, which applied                   started operation or were previously not
                                               26.11.14—Control of Emissions from                      only to EGUs, or by submitting a CAIR                 subject but have become subject to the
                                               Kraft Pulp Mills to EPA.                                SIP revision that included as trading                 requirements for non-EGUs under the
                                                                                                       sources EGUs and the non-EGUs that                    NOX SIP Call as the units are greater
                                               I. Background                                                                                                 than 250 MMBtu/hr. A review of the
                                                                                                       formerly traded in the NOX Budget
                                                  In October 1998 (63 FR 57356), EPA                   Trading Program under the NOX SIP                     applicability of the NOX SIP Call to
                                               finalized the ‘‘Finding of Significant                  Call. EPA discontinued administration                 large non-EGUs in the State showed that
                                               Contribution and Rulemaking for                         of the NOX Budget Trading Program in                  there are three additional facilities
                                               Certain States in the Ozone Transport                   2009 upon the start of the CAIR trading               having non-EGUs that are covered under
                                               Assessment Group Region for Purposes                    programs.1 The NOX SIP Call                           the NOX SIP Call. MDE adopted new
                                               of Reducing Regional Transport of                       requirements continued to apply,                      regulation COMAR 26.11.40 to
                                               Ozone’’—commonly called the NOX SIP                     however, and EGUs that were formerly                  reallocate the NOX emissions cap among
                                               Call. The NOX SIP Call, issued pursuant                 trading under the NOX Budget Trading                  the affected sources, and concurrently
                                               to Section 110 of the CAA, was designed                 Program continued to meet their NOX                   revised COMAR 26.11.14.07 to reflect a
                                               to mitigate significant transport of NOX,               SIP Call requirements under the                       reduced cap for Luke. The NOX annual
                                               one of the precursors of ozone. EPA                     generally more stringent requirements of              emissions cap for Maryland established
                                               developed the NOX Budget Trading                        the CAIR ozone season trading program.                for the NOX SIP Call is 1,013 tons per
                                               Program, an allowance trading program                   States needed to assess their NOX SIP                 year of NOX, as established by EPA in
                                               that states could adopt to meet their                   Call requirements and take other                      40 CFR part 97, subpart E, Appendix C.
                                               obligations under the NOX SIP Call. The                 regulatory action as necessary to ensure              II. Summary of SIP Revision and EPA
                                               NOX Budget Trading Program allowed                      that their obligations for the large non-             Analysis
                                               electric generating units (EGUs) greater                EGUs continued to be met either
                                               than 25 megawatts and industrial non-                   through submission of a CAIR SIP or                     On May 15, 2018, Maryland, through
                                               electric generating units, such as boilers              other NOX regulation. EPA has                         MDE, submitted for inclusion in the
                                               and turbines, with a rated heat input                                                                         Maryland SIP new regulation COMAR
                                               greater than 250 million British thermal                  1 CAIR was subsequently vacated and remanded.
                                                                                                                                                             26.11.40—NOX Ozone Season Emission
                                               units per hour (MMBtu/hr), referred to                  See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.    Caps for Non-trading Large NOX Units,
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                                               as ‘‘large non-EGUs’’, to participate in a              2008), modified by 550 F.3d 1176 (remanding
                                                                                                       CAIR). CAIR was replaced with the Cross-State Air       2 CAIR became obsolete upon implementation of
                                               regional NOX cap and trade program.                     Pollution Rule, or CSAPR (76 FR 48208, August 8,      the CSAPR program. Maryland subsequently took
                                               The NOX SIP Call also established                       2011), which, after legal challenges, was             action rescinding its CAIR regulation (COMAR
                                               specific reduction requirements for                     implemented starting in January 2015. The NOX         26.11.28), and submitted a SIP revision to EPA
                                               other non-EGUs, including cement kilns                  Ozone Season Trading Program under CSAPR was          which sought removal of the regulation in its
                                                                                                       replaced in Maryland and most other states by a       entirety from the approved Maryland SIP. On July
                                               and stationary internal combustion (IC)                 new trading program for ozone season NOX under        17, 2017 (82 FR 32641), EPA approved the SIP
                                               engines. On January 10, 2001 (66 FR                     the CSAPR Update rule in January 2017 (81 FR          revision removing the CAIR regulation from
                                               1866), EPA approved two Maryland                        74504, October 26, 2016).                             Maryland’s SIP.



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                                               39016                        Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules

                                               and associated revisions to COMAR                                          season’’. The definition of non-trading                                       subject to the CSAPR NOX Ozone
                                               26.11.01.01—General Administrative                                         large NOX unit in Regulation .01 lists                                        Season Group 2 Trading Program under
                                               Provisions, and COMAR 26.11.14—                                            two categories of sources: (1) Non-EGUs                                       40 CFR part 97, subpart EEEEE.
                                               Control of Emissions from Kraft Pulp                                       with a maximum design heat input                                                 Regulation .02 under COMAR
                                               Mills.                                                                     greater than 250 MMBtu/hr, and (2)
                                                  New COMAR 26.11.40 establishes                                                                                                                        26.11.40 lists the currently affected non-
                                                                                                                          fossil fuel-fired EGUs serving a
                                               NOX ozone season tonnage caps and                                                                                                                        EGUs meeting the definition of ‘‘non-
                                                                                                                          generator with a nameplate capacity
                                               NOX monitoring requirements for large                                      greater than 25 megawatt output.                                              trading large NOX unit’’ (shown in the
                                               non-EGUs in the State that are not                                         Maryland explains its intent that these                                       following table), and includes a
                                               covered under the Cross-State Air                                          definitions apply to non-EGUs and                                             provision that any new unit installed
                                               Pollution Rule (CSAPR) to meet                                             EGUs as defined for purposes of the                                           after May 1, 2018 or an existing unit that
                                               requirements of the NOX SIP Call.                                          NOX SIP Call as amended.3 In addition                                         is modified such that it meets the
                                               Regulation .01 under COMAR 26.11.40                                        to the definitions of non-trading large                                       definition of a large non-EGU will
                                               defines the terms used in COMAR                                            NOX unit, Maryland clarifies its intent                                       become subject to the requirements of
                                               26.11.40, including ‘‘boiler’’, ‘‘combined                                 by specifically listing in Regulation .02                                     COMAR 26.11.40. Regulation .03 under
                                               cycle system’’, ‘‘combustion turbine’’,                                    all units in the State that currently meet                                    COMAR 26.11.40 establishes the NOX
                                               ‘‘fossil-fuel’’, ‘‘fossil fuel-fired’’, ‘‘new                              the definitions. Regulation .01 also                                          annual tonnage caps for each source.
                                               unit’’, ‘‘new unit set-aside’’, ‘‘non-                                     clarifies that non-EGUs subject to this                                       The affected units and their NOX ozone
                                               trading large NOX unit’’, and ‘‘ozone                                      rule are units that are not already                                           season caps are as follows:

                                                                                                                                                                                                                                                           NOX ozone
                                                                                         Facility                                                                                                 Unit                                                     season cap
                                                                                                                                                                                                                                                             (tons)

                                               American Sugar Refining ............................................................                C6 ...............................................................................................               24
                                               Dominion Energy Cove Point LNG .............................................                        Frame 5–1 (Turbine S009), Frame 5–2 (Turbine S010), Frame                                                       214
                                                                                                                                                      7–A, Frame 7–B, Aux. A, Aux B.
                                               Luke Paper Mill ...........................................................................         24, 25, and 26 ............................................................................                     656
                                               National Institutes of Health ........................................................              5–1156 .......................................................................................                   23
                                               New unit set-aside ......................................................................           ....................................................................................................             96

                                                     Total .....................................................................................    ....................................................................................................         1,013



                                                  Regulation .03 also establishes a 96                                    new provision in COMAR 26.11.14                                               is no longer necessary because the
                                               ton set aside for new units or modified                                    establishes Luke’s lower NOX cap via a                                        revisions to COMAR 26.11.14 remove
                                               existing units. The total, 1,013 tons of                                   cross reference to Luke’s 636 ton per                                         the requirement for fuel burning
                                               NOX, is consistent with the portion of                                     year cap in COMAR 26.11.40.03.                                                equipment at Luke to purchase NOX
                                               the overall Maryland NOX Budget                                            Regulation .07B removes the                                                   ozone season allowances for any
                                               Trading Program budget for large non-                                      requirements for an owner or operator of                                      exceedance over its specified limits.
                                               EGUs.4 Regulation .03 stipulates that the                                  a kraft pulp mill that exceeds the                                               EPA finds that this May 2018 SIP
                                               combined NOX ozone season emissions                                        emission limit(s) specified in COMAR                                          submittal meets Maryland’s NOX SIP
                                               from units subject to COMAR 26.11.40                                       26.11.14 to acquire one ozone season                                          Call requirements (including
                                               may not exceed 1,013 tons. Regulation                                      NOX allowance for every ton of NOX                                            requirements in CAA section 110 and 40
                                               .04 requires continuous emissions                                          emissions over the limits to demonstrate                                      CFR 51.121) for non-EGUs through: (1)
                                               monitoring (CEM) of NOX emissions at                                       compliance, and requires compliance                                           New regulation COMAR 24.11.40 which
                                               affected units in accordance with 40                                       instead to be demonstrated with the 636                                       updates the State’s requirements to
                                               CFR part 75, subpart H, as required by                                     ton per year cap via a CEMs meeting 40                                        include all currently applicable large
                                               40 CFR 51.121(i)(4),5 maintenance of                                       CFR part 75. Maryland removed the                                             non-EGUs and any new non-EGUs
                                               records and submittal of reports in                                        provision for paper mills such as Luke                                        under the NOX SIP Call; (2) the
                                               accordance with 40 CFR part 75, and                                        Mill to acquire additional NOX                                                specified state-wide ozone season NOX
                                               submittal of CEMs data to the State on                                     allowances in order for the sources in                                        emissions cap of 1013 tons which is
                                               a quarterly basis.                                                         the State to remain under Maryland’s                                          consistent with the portion of the
                                                  To meet NOX SIP Call requirements                                       total NOX ozone season cap for the NOX                                        overall Maryland NOX emissions budget
                                               and conform to COMAR 26.11.40,                                             SIP Call.                                                                     under the NOX Budget Trading Program
                                               Maryland revised regulation .07A of                                           Correspondingly, Maryland also                                             attributable to non-EGUs, and (3)
                                               COMAR 26.11.14 Control of emissions                                        revised a provision of COMAR                                                  through the 40 CFR part 75 monitoring,
                                               from Kraft Pulp Mills to remove the 947                                    26.11.01—General Administrative                                               recordkeeping and reporting
                                               ton ozone season NOX cap that                                              Provisions to remove the definition for                                       requirements which apply for the
                                               originally applied to the Luke Mill. A                                     ‘‘NOX ozone season allowance’’ which                                          affected non-EGUs. In addition, the
                                                 3 The definitions for non-EGUs and EGUs are set                          reports. While most of the overall budget was                                 federal rule promulgated contemporaneously with
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                                               forth in the preamble to the April 2004 NOX SIP                            allocated directly to EGUs and non-EGUs (those                                the NOX SIP Call pursuant to CAA section 126. See
                                               Call amendments. See 69 FR 21604 and 21616,                                shares were 13,793 tons and 947 tons, respectively),                          40 CFR part 97, subpart E, appendix C. In the
                                               April 21, 2004.                                                            a 726-ton portion was not assigned to either sector,                          absence of an express division of the State’s overall
                                                 4 Maryland’s NO Budget Trading Program
                                                                                                                          but instead was placed in set-asides. To identify the                         NOX Budget Trading Program budget between EGUs
                                                                  X
                                                                                                                          portion of the overall 15,466-ton budget attributable
                                               regulations included an overall budget of 15,466                                                                                                         and non-EGUs, EPA believes the State’s approach
                                                                                                                          to non-EGUs that would be an appropriate cap for
                                               tons for EGUs and non-EGUs. See, e.g., The NOX                             its replacement non-EGU rule, Maryland has                                    to identifying an appropriate cap for its replacement
                                               Budget Trading Program: 2008 Highlights (October                           therefore used the 1,013-ton non-EGU portion of the                           non-EGU rule is reasonable.
                                               2009) at 10, available at https://www.epa.gov/                             overall budget of 15,532 tons established for                                   5 EPA’s regulations implementing the NO SIP
                                                                                                                                                                                                                                                     X
                                               airmarkets/nox-budget-trading-program-historical-                          Maryland’s EGUs and non-EGUs under a different                                Call are in 40 CFR 51.121.



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                                                                    Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules                                                 39017

                                               revisions remove the ability of kraft                      • Is not a ‘‘significant regulatory                  Dated: July 24, 2018.
                                               pulp mills that exceed their NOX limits                 action’’ subject to review by the Office              Cecil Rodrigues,
                                               and caps to comply by purchasing or                     of Management and Budget under                        Acting Regional Administrator, Region III.
                                               otherwise acquiring NOX allowances                      Executive Orders 12866 (58 FR 51735,                  [FR Doc. 2018–16778 Filed 8–7–18; 8:45 am]
                                               from EPA’s ozone season NOX trading                     October 4, 1993) and 13563 (76 FR 3821,               BILLING CODE 6560–50–P
                                               program by removing these provisions                    January 21, 2011);
                                               in COMAR 26.11.14 and 26.11.01. The                        • Is not an Executive Order 13771 (82
                                               removal of the provisions allowing                      FR 9339, February 2, 2017) regulatory                 ENVIRONMENTAL PROTECTION
                                               purchase of additional allowances                       action because SIP approvals are                      AGENCY
                                               removes the potential for increased local               exempted under Executive Order 12866;
                                               NOX emissions.                                             • Does not impose an information                   40 CFR Part 52
                                                  The May 15, 2018 Maryland SIP                        collection burden under the provisions                [EPA–R09–OAR–2016–0711; FRL–9981–
                                               submittal does not result in increased                  of the Paperwork Reduction Act (44                    91—Region 9]
                                               NOX emissions, and therefore has no                     U.S.C. 3501 et seq.);
                                               impact on any requirements related to                      • Is certified as not having a                     Approval of California Air Plan
                                               attainment, reasonable further progress,                significant economic impact on a                      Revision, South Coast Air Quality
                                               or any other NAAQS requirements                         substantial number of small entities                  Management District
                                               under the CAA. The submittal therefore                  under the Regulatory Flexibility Act (5
                                               meets section 110(l) of the CAA.                                                                              AGENCY:  Environmental Protection
                                                                                                       U.S.C. 601 et seq.);                                  Agency (EPA).
                                               III. Proposed Action                                       • Does not contain any unfunded
                                                                                                                                                             ACTION: Proposed rule.
                                                                                                       mandate or significantly or uniquely
                                                  EPA’s review of this material                        affect small governments, as described
                                               indicates that Maryland’s May 18, 2018                                                                        SUMMARY:    The Environmental Protection
                                                                                                       in the Unfunded Mandates Reform Act                   Agency (EPA) is proposing to approve a
                                               SIP revision submittal (Maryland SIP                    of 1995 (Pub. L. 104–4);                              revision to the South Coast Air Quality
                                               Revision #18–03) is approvable in                          • Does not have federalism                         Management District (SCAQMD) portion
                                               accordance with CAA section 110. For                    implications as specified in Executive                of the California State Implementation
                                               the reasons noted previously, EPA is                    Order 13132 (64 FR 43255, August 10,                  Plan (SIP). This revision concerns
                                               proposing to approve the Maryland SIP                   1999);                                                emissions of volatile organic
                                               revision submitted on May 15, 2018.                        • Is not an economically significant               compounds (VOCs) from architectural
                                               EPA is soliciting public comments on                    regulatory action based on health or                  coatings. We are proposing to approve a
                                               the issues discussed in this document.                  safety risks subject to Executive Order               local rule to regulate emissions from
                                               These comments will be considered                       13045 (62 FR 19885, April 23, 1997);                  architectural coatings under the Clean
                                               before taking final action.                                • Is not a significant regulatory action           Air Act (CAA or the Act). We are taking
                                               IV. Incorporation by Reference                          subject to Executive Order 13211 (66 FR               comments on this proposal and plan to
                                                 In this proposed action, EPA is                       28355, May 22, 2001);                                 follow with a final action.
                                               proposing to include in a final EPA rule                   • Is not subject to requirements of                DATES: Any comments must arrive by
                                               regulatory text that includes                           Section 12(d) of the National                         September 7, 2018.
                                               incorporation by reference. In                          Technology Transfer and Advancement                   ADDRESSES: Submit your comments,
                                               accordance with requirements of 1 CFR                   Act of 1995 (15 U.S.C. 272 note) because              identified by Docket ID No. EPA–R09–
                                               51.5, EPA is proposing to incorporate by                application of those requirements would               OAR–2016–0711 at http://
                                               reference new Maryland regulation                       be inconsistent with the CAA; and                     www.regulations.gov. For comments
                                               COMAR 26.11.40 and associated                              • Does not provide EPA with the                    submitted at Regulations.gov, follow the
                                               revisions to COMAR 26.11.01 and                         discretionary authority to address, as                online instructions for submitting
                                               COMAR 26.11.14.07. EPA has made,                        appropriate, disproportionate human                   comments. Once submitted, comments
                                               and will continue to make, these                        health or environmental effects, using                cannot be removed or edited from
                                               materials generally available through                   practicable and legally permissible                   Regulations.gov. For either manner of
                                               http://www.regulations.gov and at the                   methods, under Executive Order 12898                  submission, the EPA may publish any
                                               EPA Region III Office (please contact the               (59 FR 7629, February 16, 1994).                      comment received to its public docket.
                                               person identified in the FOR FURTHER                       In addition, this action proposing                 Do not submit electronically any
                                               INFORMATION CONTACT section of this
                                                                                                       approval of Maryland regulation                       information you consider to be
                                               preamble for more information).                         COMAR 26.11.40 and associated                         Confidential Business Information (CBI)
                                                                                                       revisions to other COMAR regulations                  or other information whose disclosure is
                                               V. Statutory and Executive Order                        does not have tribal implications as                  restricted by statute. Multimedia
                                               Reviews                                                 specified by Executive Order 13175 (65                submissions (audio, video, etc.) must be
                                                 Under the CAA, the Administrator is                   FR 67249, November 9, 2000), because                  accompanied by a written comment.
                                               required to approve a SIP submission                    the SIP is not approved to apply in                   The written comment is considered the
                                               that complies with the provisions of the                Indian country located in the state, and              official comment and should include
                                               CAA and applicable federal regulations.                 EPA notes that it will not impose                     discussion of all points you wish to
                                               42 U.S.C. 7410(k); 40 CFR 52.02(a).                     substantial direct costs on tribal                    make. The EPA will generally not
                                               Thus, in reviewing SIP submissions,                     governments or preempt tribal law.                    consider comments or comment
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                                               EPA’s role is to approve state choices,                 List of Subjects in 40 CFR Part 52                    contents located outside of the primary
                                               provided that they meet the criteria of                                                                       submission (i.e., on the web, cloud, or
                                               the CAA. Accordingly, this action                         Environmental protection, Air                       other file sharing system). For
                                               merely approves state law as meeting                    pollution control, Incorporation by                   additional submission methods, please
                                               federal requirements and does not                       reference, Nitrogen dioxide, Ozone,                   contact the person identified in the FOR
                                               impose additional requirements beyond                   Reporting and recordkeeping                           FURTHER INFORMATION CONTACT section.
                                               those imposed by state law. For that                    requirements, Sulfur oxides.                          For the full EPA public comment policy,
                                               reason, this proposed action:                             Authority: 42 U.S.C. 7401 et seq.                   information about CBI or multimedia


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Document Created: 2018-08-08 02:04:45
Document Modified: 2018-08-08 02:04:45
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 September 7, 2018.
ContactMarilyn Powers, (215) 814-2308, or by email at [email protected]
FR Citation83 FR 39014 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Oxides

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