83 FR 51366 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides (NOX
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 197 (October 11, 2018)
Federal Register Volume 83, Issue 197 (October 11, 2018)
| Page Range | 51366-51369 | |
| FR Document | 2018-21653 |
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)] [Rules and Regulations] [Pages 51366-51369] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21653] [[Page 51366]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2018-0507; FRL-9984-97-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides (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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. The 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 revision 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). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on November 13, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2018-0507. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On August 8, 2018 (83 FR 39014), EPA published a notice of proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, EPA proposed approval of 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. The formal SIP revision was submitted by Maryland on May 15, 2018. The SIP revision was submitted to address Maryland's requirements under the NOX SIP Call. (63 FR 57356, October 27, 1998.) The NOX SIP Call, issued pursuant to Section 110 of the CAA and codified at 40 CFR 51.121 and 51.122, was designed to mitigate significant transport of NOX , one of the precursors of ozone.\1\ EPA developed the NOX Budget Trading Program, an EPA-administered 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. Maryland complied with the NOX SIP call by participation of its large EGUs and large non-EGUs in the NOX Budget Trading Program. EPA discontinued administration of the NOX Budget Trading Program in 2009 upon the start of the Clean Air Interstate Rule (CAIR) trading programs (70 FR 25162, May 12, 2005). The NOX SIP Call requirements continued to apply, however, and EGUs in most states (including Maryland) that formerly participated in the NOX Budget Trading Program continued to meet their NOX SIP Call requirements under the generally more stringent requirements of the CAIR NOX Ozone Season trading program, either pursuant to CAIR Federal implementation plans (FIP) (71 FR 25328, April 28, 2006) or pursuant to approved CAIR SIP revisions.\2\ For the large non-EGUs, states needed to take regulatory action to ensure that their obligations under the NOX SIP Call continued to be met, either through an option to submit a CAIR SIP revision that allowed the large non-EGUs to participate in the CAIR NOX Ozone Season trading program or through adoption of other replacement regulations. --------------------------------------------------------------------------- \1\ In October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone''--commonly called the NOX SIP Call. \2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for Maryland on October 30, 2009 (74 FR 56118). --------------------------------------------------------------------------- In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper mill) was the only facility with large non-EGUs that 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.\3\ 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. --------------------------------------------------------------------------- \3\ EPA stopped administering the CAIR trading programs upon implementation of the Cross-State Air Pollution Rule (CSAPR) trading programs. 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. --------------------------------------------------------------------------- Subsequent to adoption of COMAR 26.11.14.07, Maryland determined that additional applicable units have either started operation or were previously not subject but have become subject to the requirements for non-EGUs under the NOX SIP Call as the units have heat input ratings 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. Maryland adopted new regulation COMAR 26.11.40 to reallocate the statewide NOX emissions cap among the affected sources, and concurrently revised COMAR 26.11.14.07 to reflect a reduced cap for Luke. II. Summary of SIP Revision and EPA Analysis New COMAR 26.11.40 establishes NOX ozone season tonnage caps and [[Page 51367]] NOX monitoring requirements for large non-EGUs in the State that are not covered under the CSAPR NOX Ozone Season Group 2 Trading Program to meet requirements of the NOX SIP Call. NOX emissions caps are specified for non-EGUs located at four facilities (American Sugar Refining, Dominion Energy Cove Point LNG, Luke Paper Mill, and National Institutes of Health). A portion of the statewide cap is set aside for new units or modified existing units that may become subject to the NOX SIP Call in the future. Title 40 CFR part 75, subpart H, monitoring of NOX emissions at affected units is required in accordance with 40 CFR 51.121(i)(4). COMAR 26.11.14 was revised to reflect the changed NOX caps for Luke Paper Mill in COMAR 26.11.40. COMAR 26.11.14 was also revised to remove the provision for paper mills to acquire NOX allowances if the facility's ozone season NOX cap is exceeded. With the removal of the requirement to purchase NOX allowances, a corresponding definition in COMAR 26.11.01 for NOX allowances was also removed. 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 new regulation COMAR 24.11.40, including (1) the applicability provisions in COMAR 24.11.40.02, which update 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 statewide ozone season NOX emissions cap of 1,013 tons in COMAR 24.11.40.03, 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) the 40 CFR part 75 monitoring, recordkeeping and reporting requirements in COMAR 24.11.40.04, which apply for the affected non-EGUs. In addition, the 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. Other specific requirements of Maryland's May 15, 2018 SIP submittal and the rationale for EPA's proposed action are explained in the NPRM and will not be restated here. The SIP submittal does not result in increased NOX emissions in the State, and therefore EPA finds it 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 for SIP revisions. III. Public Comments and EPA's Responses EPA received three anonymous comments on the NPRM, all of which are in the docket for this rulemaking at www.federalregister.gov. Two of the comments did not concern any of the specific issues raised in the NPRM, nor did they address EPA's rationale for the proposed approval of MDE's submittal. Therefore, EPA is not responding to those comments. One comment was addressed as follows: Comment: A comment was made about a term used in EPA's completeness determination for the Maryland SIP submittal. EPA's completeness determination is available in the docket for this rulemaking. The commenter states: ``The docket contains a document entitled [sic] ``MD 305 Completeness Checklist 2018-08-27-033843.'' In that document, EPA Requirement number 8 (Compliance/enforcement strategies, including how compliance will be determined in practice) says ``DITTO'' under the ``State Submittal'' column. What does ``DITTO'' mean here? I don't believe this is an environmental, regulatory, or technical term. I can't understand how you determined this submittal to be complete if you use such terms.'' Response: EPA used the word ``DITTO'' in EPA Requirement 8 on page 5 of the ``SIP Submittal Completeness Checklist'' (completeness checklist) as shorthand to indicate that EPA found the State SIP submittal is meeting the EPA requirements for item 8 with the same COMAR regulations as that listed and shown by EPA in the completeness checklist in response to item 7 in the ``State Submittal'' column directly above item 8. In effect, EPA's use of the word ``DITTO'' in the completeness checklist for item 8 means that the EPA found the requirements for ``Compliance/Enforcement strategies, including how compliance will be determined in practice.'' is met by the requirements in COMAR 26.11.40 and COMAR 26.11.14.07 for monitoring, recordkeeping, and reporting in accordance with 40 CFR part 75 as explained in EPA's response to item 7 which contains those regulatory citations. According to the Merriam-Webster dictionary, ``ditto'' means ``a thing mentioned previously or above --used to avoid repeating a word --often symbolized by inverted commas or apostrophe.'' Thus, EPA employed this commonly used word ``ditto'' in the completeness checklist in response to item 8 instead of repeating our answer from item 7 as our answers were intended to be identical to both. As this comment does not concern any of the specific issues raised in the NPRM nor EPA's rationale for approval of MDE's SIP submittal, EPA provides no further response. IV. Final Action EPA is approving Maryland's May 15, 2018 SIP revision submittal as a revision to the Maryland SIP in accordance with section 110 of the CAA as the SIP meets requirements in the CAA and in 40 CFR 51.121 related to the NOX SIP Call requirements. V. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of new Maryland regulation COMAR 26.11.40 and revisions to COMAR 26.11.01 and 26.11.17 to meet the requirements for non-EGUs under the NOX SIP Call. EPA has made, and will continue to make, these materials generally available through 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). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\4\ --------------------------------------------------------------------------- \4\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. Statutory and Executive Order Reviews A. General Requirements 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 [[Page 51368]] those imposed by state law. For that reason, this 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 rule 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. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 10, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving new Maryland regulation COMAR 26.11.40 and revisions to COMAR 26.11.01 and COMAR 26.11.14 to address the requirements of the NO X SIP Call may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: September 24, 2018. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart V--Maryland 0 2. In Sec. 52.1070, the table in paragraph (c) is amended by: 0 a. Revising the entries ``26.11.01.01'' and ``26.11.14.07''; and 0 b. Adding a heading and the entries ``26.11.40.01'' through ``26.11.40.04'' in numerical order. The revisions and additions read as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- Code of Maryland State Additional explanation/ Administrative Regulations Title/subject effective EPA approval date citation at 40 CFR (COMAR) citation date 52.1100 ---------------------------------------------------------------------------------------------------------------- 26.11.01 General Administrative Provisions ---------------------------------------------------------------------------------------------------------------- 26.11.01.01.................. Definitions......... 04/23/18 10/11/18, [Insert Section .01B is revised Federal Register to remove definition 24- citation]. 1 for ``NOX ozone season allowance'' Previous approval 7/17/ 2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.14 Control of Emissions From Kraft Pulp Mills ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.14.07.................. Control of NOX 04/23/18 10/11/18, [Insert Sections .07A and .07B Emissions from Fuel Federal Register are revised, Section Burning Equipment. citation]. .07C is removed, Section .07D is revised and recodified as Section .07C. [[Page 51369]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- 26.11.40 NO Ozone Season Emission Caps for Non-trading Large NO Units ---------------------------------------------------------------------------------------------------------------- 26.11.40.01.................. Definitions......... 04/23/18 10/11/18, [Insert ........................ Federal Register citation]. 26.11.40.02.................. Applicability....... 04/23/18 10/11/18, [Insert ........................ Federal Register citation]. 26.11.40.03.................. NOX Ozone Season 04/23/18 10/11/18, [Insert ........................ Emission Caps. Federal Register citation]. 26.11.40.04.................. Monitoring and 04/23/18 10/11/18, [Insert ........................ Reporting Federal Register Requirements. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-21653 Filed 10-10-18; 8:45 am] BILLING CODE 6560-50-P
![51366 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: revisions.2 For the large non-EGUs,
AGENCY states needed to take regulatory action
I. Background to ensure that their obligations under
40 CFR Part 52 On August 8, 2018 (83 FR 39014), the NOX SIP Call continued to be met,
[EPA–R03–OAR–2018–0507; FRL–9984–97– EPA published a notice of proposed either through an option to submit a
Region 3] rulemaking (NPRM) for the State of CAIR SIP revision that allowed the large
Maryland. In the NPRM, EPA proposed non-EGUs to participate in the CAIR
Approval and Promulgation of Air approval of new Code of Maryland NOX Ozone Season trading program or
Quality Implementation Plans; Regulation (COMAR) 26.11.40—NOX through adoption of other replacement
Maryland; Nitrogen Oxides (NOX) Ozone Season Emission Caps for Non- regulations.
Ozone Season Emissions Caps for In Maryland, Luke Paper Mill
Trading Large NOX Units and revisions
Non-Trading Large NOX Units and (formerly the Westvaco pulp and paper
to two regulations presently included in mill) was the only facility with large
Associated Revisions to General the Maryland SIP, COMAR
Administrative Provisions and Kraft non-EGUs that participated in the NOX
26.11.01.01—General Administrative Budget Trading Program. When the
Pulp Mill Regulation Provisions and COMAR 26.11.14— CAIR NOX Ozone Season trading
AGENCY: Environmental Protection Control of Emissions from Kraft Pulp program replaced the NOX Budget
Agency (EPA). Mills. The formal SIP revision was Trading Program, Maryland adopted the
ACTION: Final rule. submitted by Maryland on May 15, CAIR program as it applied to large
2018. The SIP revision was submitted to EGUs, but chose not to include the non-
SUMMARY: The Environmental Protection address Maryland’s requirements under EGUs at Luke as participants in the
Agency (EPA) is approving a state the NOX SIP Call. (63 FR 57356, October CAIR NOX Ozone Season trading
implementation plan (SIP) revision 27, 1998.) program.3 Instead, in 2010, Maryland
submitted by the State of Maryland. The The NOX SIP Call, issued pursuant to adopted COMAR 26.11.14.07—Control
revision (Maryland SIP Revision #18– Section 110 of the CAA and codified at of Emissions from Kraft Pulp Mills,
03) pertains to a new Maryland 40 CFR 51.121 and 51.122, was which, among other requirements,
regulation that establishes ozone season designed to mitigate significant included provisions that address the
nitrogen oxides (NOX) emissions caps transport of NOX, one of the precursors NOX SIP Call non-EGU requirements in
and other requirements for large non- of ozone.1 EPA developed the NOX Maryland through a NOX ozone season
electric generating units (non-EGU) in Budget Trading Program, an EPA- tonnage cap of 947 tons for the Luke
Maryland and includes associated administered allowance trading program non-EGUs and monitoring,
revisions to two other Maryland that states could adopt to meet their recordkeeping, and reporting in
regulations. The revision will enable obligations under the NOX SIP Call. The accordance with 40 CFR part 75.
Maryland to meet NOX reduction NOX Budget Trading Program allowed Subsequent to adoption of COMAR
requirements related to interstate electric generating units (EGUs) greater 26.11.14.07, Maryland determined that
transport of pollution that contributes to than 25 megawatts and industrial non- additional applicable units have either
other states’ nonattainment or interferes electric generating units, such as boilers started operation or were previously not
with other states’ maintenance of the subject but have become subject to the
and turbines, with a rated heat input
ozone national ambient air quality requirements for non-EGUs under the
greater than 250 million British thermal
standards (NAAQS). EPA is approving NOX SIP Call as the units have heat
units per hour (MMBtu/hr), referred to
these revisions in accordance with the input ratings greater than 250 MMBtu/
as ‘‘large non-EGUs,’’ to participate in a
requirements of the Clean Air Act hr. A review of the applicability of the
regional NOX cap and trade program.
(CAA). NOX SIP Call to large non-EGUs in the
Maryland complied with the NOX SIP
DATES: This final rule is effective on call by participation of its large EGUs State showed that there are three
November 13, 2018. and large non-EGUs in the NOX Budget additional facilities having non-EGUs
ADDRESSES: EPA has established a Trading Program. EPA discontinued that are covered under the NOX SIP Call.
docket for this action under Docket ID administration of the NOX Budget Maryland adopted new regulation
Number EPA–R03–OAR–2018–0507. All Trading Program in 2009 upon the start COMAR 26.11.40 to reallocate the
documents in the docket are listed on of the Clean Air Interstate Rule (CAIR) statewide NOX emissions cap among the
the http://www.regulations.gov website. trading programs (70 FR 25162, May 12, affected sources, and concurrently
Although listed in the index, some 2005). The NOX SIP Call requirements revised COMAR 26.11.14.07 to reflect a
information is not publicly available, continued to apply, however, and EGUs reduced cap for Luke.
e.g., confidential business information in most states (including Maryland) that II. Summary of SIP Revision and EPA
(CBI) or other information whose formerly participated in the NOX Budget Analysis
disclosure is restricted by statute. Trading Program continued to meet New COMAR 26.11.40 establishes
Certain other material, such as their NOX SIP Call requirements under NOX ozone season tonnage caps and
copyrighted material, is not placed on the generally more stringent
the internet and will be publicly requirements of the CAIR NOX Ozone 2 EPA approved a CAIR SIP revision replacing the
available only in hard copy form. Season trading program, either pursuant CAIR FIP for Maryland on October 30, 2009 (74 FR
Publicly available docket materials are to CAIR Federal implementation plans 56118).
available through http:// (FIP) (71 FR 25328, April 28, 2006) or 3 EPA stopped administering the CAIR trading
khammond on DSK30JT082PROD with RULES
www.regulations.gov, or please contact pursuant to approved CAIR SIP programs upon implementation of the Cross-State
Air Pollution Rule (CSAPR) trading programs.
the person identified in the FOR FURTHER Maryland subsequently took action rescinding its
INFORMATION CONTACT section for 1 In October 27, 1998 (63 FR 57356), EPA CAIR regulation (COMAR 26.11.28), and submitted
additional availability information. finalized the ‘‘Finding of Significant Contribution a SIP revision to EPA which sought removal of the
and Rulemaking for Certain States in the Ozone regulation in its entirety from the approved
FOR FURTHER INFORMATION CONTACT:
Transport Assessment Group Region for Purposes of Maryland SIP. On July 17, 2017 (82 FR 32641), EPA
Marilyn Powers, (215) 814–2308, or by Reducing Regional Transport of Ozone’’— approved the SIP revision removing the CAIR
email at powers.marilyn@epa.gov. commonly called the NOX SIP Call. regulation from Maryland’s SIP.
VerDate Sep<11>2014 19:54 Oct 10, 2018 Jkt 247001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\11OCR1.SGM 11OCR1](https://thefederalregister.org/doc/83_FR_51563/page/1.svg)
![Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations 51367
NOX monitoring requirements for large and therefore EPA finds it has no impact —often symbolized by inverted commas
non-EGUs in the State that are not on any requirements related to or apostrophe.’’ Thus, EPA employed
covered under the CSAPR NOX Ozone attainment, reasonable further progress, this commonly used word ‘‘ditto’’ in the
Season Group 2 Trading Program to or any other NAAQS requirements completeness checklist in response to
meet requirements of the NOX SIP Call. under the CAA. The submittal therefore item 8 instead of repeating our answer
NOX emissions caps are specified for meets section 110(l) of the CAA for SIP from item 7 as our answers were
non-EGUs located at four facilities revisions. intended to be identical to both. As this
(American Sugar Refining, Dominion comment does not concern any of the
III. Public Comments and EPA’s
Energy Cove Point LNG, Luke Paper specific issues raised in the NPRM nor
Responses
Mill, and National Institutes of Health). EPA’s rationale for approval of MDE’s
A portion of the statewide cap is set EPA received three anonymous SIP submittal, EPA provides no further
aside for new units or modified existing comments on the NPRM, all of which response.
units that may become subject to the are in the docket for this rulemaking at
NOX SIP Call in the future. Title 40 CFR www.federalregister.gov. Two of the IV. Final Action
part 75, subpart H, monitoring of NOX comments did not concern any of the EPA is approving Maryland’s May 15,
emissions at affected units is required in specific issues raised in the NPRM, nor 2018 SIP revision submittal as a revision
accordance with 40 CFR 51.121(i)(4). did they address EPA’s rationale for the to the Maryland SIP in accordance with
COMAR 26.11.14 was revised to proposed approval of MDE’s submittal. section 110 of the CAA as the SIP meets
reflect the changed NOX caps for Luke Therefore, EPA is not responding to requirements in the CAA and in 40 CFR
Paper Mill in COMAR 26.11.40. those comments. One comment was 51.121 related to the NOX SIP Call
COMAR 26.11.14 was also revised to addressed as follows: requirements.
remove the provision for paper mills to Comment: A comment was made
acquire NOX allowances if the facility’s about a term used in EPA’s V. Incorporation by Reference
ozone season NOX cap is exceeded. completeness determination for the In this document, EPA is finalizing
With the removal of the requirement to Maryland SIP submittal. EPA’s regulatory text that includes
purchase NOX allowances, a completeness determination is available incorporation by reference. In
corresponding definition in COMAR in the docket for this rulemaking. The accordance with requirements of 1 CFR
26.11.01 for NOX allowances was also commenter states: ‘‘The docket contains 51.5, EPA is finalizing the incorporation
removed. a document entitled [sic] ‘‘MD 305 by reference of new Maryland regulation
EPA finds that this May 2018 SIP Completeness Checklist 2018–08–27– COMAR 26.11.40 and revisions to
submittal meets Maryland’s NOX SIP 033843.’’ In that document, EPA COMAR 26.11.01 and 26.11.17 to meet
Call requirements (including Requirement number 8 (Compliance/ the requirements for non-EGUs under
requirements in CAA section 110 and 40 enforcement strategies, including how the NOX SIP Call. EPA has made, and
CFR 51.121) for non-EGUs through new compliance will be determined in will continue to make, these materials
regulation COMAR 24.11.40, including practice) says ‘‘DITTO’’ under the ‘‘State generally available through
(1) the applicability provisions in Submittal’’ column. What does www.regulations.gov and at the EPA
COMAR 24.11.40.02, which update the ‘‘DITTO’’ mean here? I don’t believe this Region III Office (please contact the
State’s requirements to include all is an environmental, regulatory, or person identified in the FOR FURTHER
currently applicable large non-EGUs technical term. I can’t understand how INFORMATION CONTACT section of this
and any new non-EGUs under the NOX you determined this submittal to be preamble for more information).
SIP Call; (2) the specified statewide complete if you use such terms.’’ Therefore, these materials have been
ozone season NOX emissions cap of Response: EPA used the word
approved by EPA for inclusion in the
1,013 tons in COMAR 24.11.40.03, ‘‘DITTO’’ in EPA Requirement 8 on page
SIP, have been incorporated by
which is consistent with the portion of 5 of the ‘‘SIP Submittal Completeness
Checklist’’ (completeness checklist) as reference by EPA into that plan, are
the overall Maryland NOX emissions fully federally enforceable under
budget under the NOX Budget Trading shorthand to indicate that EPA found
the State SIP submittal is meeting the sections 110 and 113 of the CAA as of
Program attributable to non-EGUs; and the effective date of the final rulemaking
(3) the 40 CFR part 75 monitoring, EPA requirements for item 8 with the
same COMAR regulations as that listed of EPA’s approval, and will be
recordkeeping and reporting incorporated by reference in the next
requirements in COMAR 24.11.40.04, and shown by EPA in the completeness
checklist in response to item 7 in the update to the SIP compilation.4
which apply for the affected non-EGUs.
In addition, the revisions remove the ‘‘State Submittal’’ column directly VI. Statutory and Executive Order
ability of Kraft pulp mills that exceed above item 8. In effect, EPA’s use of the Reviews
their NOX limits and caps to comply by word ‘‘DITTO’’ in the completeness
checklist for item 8 means that the EPA A. General Requirements
purchasing or otherwise acquiring NOX
allowances from EPA’s ozone season found the requirements for Under the CAA, the Administrator is
NOX Trading Program by removing ‘‘Compliance/Enforcement strategies, required to approve a SIP submission
these provisions in COMAR 26.11.14 including how compliance will be that complies with the provisions of the
and 26.11.01. The removal of the determined in practice.’’ is met by the CAA and applicable Federal regulations.
provisions allowing purchase of requirements in COMAR 26.11.40 and 42 U.S.C. 7410(k); 40 CFR 52.02(a).
additional allowances removes the COMAR 26.11.14.07 for monitoring, Thus, in reviewing SIP submissions,
potential for increased local NOX recordkeeping, and reporting in EPA’s role is to approve state choices,
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emissions. Other specific requirements accordance with 40 CFR part 75 as provided that they meet the criteria of
of Maryland’s May 15, 2018 SIP explained in EPA’s response to item 7 the CAA. Accordingly, this action
submittal and the rationale for EPA’s which contains those regulatory merely approves state law as meeting
proposed action are explained in the citations. According to the Merriam- Federal requirements and does not
NPRM and will not be restated here. Webster dictionary, ‘‘ditto’’ means ‘‘a impose additional requirements beyond
The SIP submittal does not result in thing mentioned previously or above
increased NOX emissions in the State, —used to avoid repeating a word 4 62 FR 27968 (May 22, 1997).
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![51368 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations
those imposed by state law. For that practicable and legally permissible for judicial review may be filed, and
reason, this action: methods, under Executive Order 12898 shall not postpone the effectiveness of
• Is not a ‘‘significant regulatory (59 FR 7629, February 16, 1994). such rule or action. This action
action’’ subject to review by the Office In addition, this rule does not have approving new Maryland regulation
of Management and Budget under tribal implications as specified by COMAR 26.11.40 and revisions to
Executive Orders 12866 (58 FR 51735, Executive Order 13175 (65 FR 67249, COMAR 26.11.01 and COMAR 26.11.14
October 4, 1993) and 13563 (76 FR 3821, November 9, 2000), because the SIP is to address the requirements of the NOX
January 21, 2011); not approved to apply in Indian country SIP Call may not be challenged later in
• is not an Executive Order 13771 (82 located in the State, and EPA notes that proceedings to enforce its requirements.
FR 9339, February 2, 2017) regulatory it will not impose substantial direct (See section 307(b)(2).)
action because SIP approvals are costs on tribal governments or preempt
exempted under Executive Order 12866. tribal law. List of Subjects in 40 CFR Part 52
• does not impose an information Environmental protection, Air
B. Submission to Congress and the
collection burden under the provisions pollution control, Incorporation by
Comptroller General
of the Paperwork Reduction Act (44 reference, Intergovernmental relations,
U.S.C. 3501 et seq.); The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Reporting and
• is certified as not having a U.S.C. 801 et seq., as added by the Small recordkeeping requirements, Sulfur
significant economic impact on a Business Regulatory Enforcement oxides.
substantial number of small entities Fairness Act of 1996, generally provides
that before a rule may take effect, the Dated: September 24, 2018.
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); agency promulgating the rule must Cosmo Servidio,
• does not contain any unfunded submit a rule report, which includes a Regional Administrator, Region III.
mandate or significantly or uniquely copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
affect small governments, as described Congress and to the Comptroller General
in the Unfunded Mandates Reform Act of the United States. EPA will submit a PART 52—APPROVAL AND
of 1995 (Pub. L. 104–4); report containing this action and other PROMULGATION OF
• does not have federalism required information to the U.S. Senate, IMPLEMENTATION PLANS
implications as specified in Executive the U.S. House of Representatives, and
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United ■ 1. The authority citation for part 52
1999); States prior to publication of the rule in continues to read as follows:
• is not an economically significant the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
regulatory action based on health or cannot take effect until 60 days after it
safety risks subject to Executive Order is published in the Federal Register. Subpart V—Maryland
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as
• is not a significant regulatory action defined by 5 U.S.C. 804(2). ■ 2. In § 52.1070, the table in paragraph
subject to Executive Order 13211 (66 FR (c) is amended by:
28355, May 22, 2001); C. Petitions for Judicial Review ■ a. Revising the entries ‘‘26.11.01.01’’
• is not subject to requirements of Under section 307(b)(1) of the CAA, and ‘‘26.11.14.07’’; and
Section 12(d) of the National petitions for judicial review of this ■ b. Adding a heading and the entries
Technology Transfer and Advancement action must be filed in the United States ‘‘26.11.40.01’’ through ‘‘26.11.40.04’’ in
Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate numerical order.
application of those requirements would circuit by December 10, 2018. Filing a The revisions and additions read as
be inconsistent with the CAA; and petition for reconsideration by the follows:
• does not provide EPA with the Administrator of this final rule does not
discretionary authority to address, as affect the finality of this action for the § 52.1070 Identification of plan.
appropriate, disproportionate human purposes of judicial review nor does it * * * * *
health or environmental effects, using extend the time within which a petition (c) * * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland State
Administrative Additional explanation/citation
Title/subject effective EPA approval date
Regulations at 40 CFR 52.1100
date
(COMAR) citation
26.11.01 General Administrative Provisions
26.11.01.01 ............. Definitions ....................... 04/23/18 10/11/18, [Insert Federal Section .01B is revised to remove definition 24–1
Register citation]. for ‘‘NOX ozone season allowance’’ Previous ap-
proval 7/17/2017.
* * * * * * *
26.11.14 Control of Emissions From Kraft Pulp Mills
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* * * * * * *
26.11.14.07 ............. Control of NOX Emis- 04/23/18 10/11/18, [Insert Federal Sections .07A and .07B are revised, Section .07C
sions from Fuel Burn- Register citation]. is removed, Section .07D is revised and recodi-
ing Equipment. fied as Section .07C.
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![Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations 51369
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP—Continued
Code of Maryland State
Administrative Additional explanation/citation
Title/subject effective EPA approval date
Regulations at 40 CFR 52.1100
date
(COMAR) citation
* * * * * * *
26.11.40 NOX Ozone Season Emission Caps for Non-trading Large NOX Units
26.11.40.01 ............. Definitions ....................... 04/23/18 10/11/18, [Insert Federal
Register citation].
26.11.40.02 ............. Applicability ..................... 04/23/18 10/11/18, [Insert Federal
Register citation].
26.11.40.03 ............. NOX Ozone Season 04/23/18 10/11/18, [Insert Federal
Emission Caps. Register citation].
26.11.40.04 ............. Monitoring and Reporting 04/23/18 10/11/18, [Insert Federal
Requirements. Register citation].
* * * * * * *
* * * * * monetary penalties (CMPs) and to Section 4(a) of the 2015 Act directs
[FR Doc. 2018–21653 Filed 10–10–18; 8:45 am] maintain the deterrent effect of such federal agencies to publish annual
BILLING CODE 6560–50–P penalties, requires agencies to adjust the adjustments no later than January 15th
civil monetary penalties for inflation of each year thereafter. In accordance
annually. with section 553 of the APA, most rules
DEPARTMENT OF HEALTH AND The Department of Health and Human are subject to notice and comment and
HUMAN SERVICES Services (HHS) lists the civil monetary are effective no earlier than 30 days after
penalty authorities and the penalty publication in the Federal Register.
45 CFR Part 102 amounts administered by all of its However, section 4(b)(2) of the 2015 Act
RIN 0991–AC0 agencies in tabular form in 45 CFR provides that each agency shall make
102.3. the annual inflation adjustments
Annual Civil Monetary Penalties ‘‘notwithstanding section 553’’ of the
II. Calculation of Adjustment
Inflation Adjustment APA.
The annual inflation adjustment for According to OMB’s Memorandum
AGENCY: Office of the Assistant each applicable civil monetary penalty
Secretary for Financial Resources, M–18–03, the phrase ‘‘notwithstanding
is determined using the percent increase section 553’’ means that ‘‘the public
Department of Health and Human in the Consumer Price Index for all
Services. procedure the APA generally requires—
Urban Consumers (CPI–U) for the month notice, an opportunity for comment, and
ACTION: Final rule. of October of the year in which the a delay in effective date—is not required
amount of each civil penalty was most for agencies to issue regulations
SUMMARY: The Department of Health and recently established or modified. In the
Human Services is updating its implementing the annual adjustment.’’
December 15, 2017, Office of Consistent with the language of the 2015
regulations to reflect required annual Management and Budget (OMB)
inflation-related increases to the civil Act and OMB’s implementation
Memorandum for the Heads of guidance, this rule is not subject to
monetary penalties in its regulations, Executive Agencies and Departments,
pursuant to the Federal Civil Penalties notice and an opportunity for public
M–18–03, Implementation of the
Inflation Adjustment Act Improvements comment and will be effective
Penalty Inflation Adjustments for 2018,
Act of 2015. immediately upon publication.
Pursuant to the Federal Civil Penalties
DATES: This rule is effective October 11, Inflation Adjustment Act Improvements Pursuant to OMB Memorandum M–
2018. Act of 2015, OMB published the 18–03, HHS has determined that the
FOR FURTHER INFORMATION CONTACT: multiplier for the required annual annual inflation adjustment to the civil
Shaunta Johnson, Office of Grants and adjustment. The cost-of-living monetary penalties in its regulations
Acquisition Policy and Accountability, adjustment multiplier for 2018, based does not trigger any requirements under
Office of the Assistant Secretary for on the CPI–U for the month of October procedural statutes and Executive
Financial Resources, Room 514–G, 2017, not seasonally adjusted, is Orders that govern rulemaking
Hubert Humphrey Building, 200 1.02041. procedures.
Independence Avenue SW, Washington, Using the 2018 multiplier, HHS IV. Effective Date
DC 20201; 202–690–6396; FAX 202– adjusted all its applicable monetary
690–5405. penalties in 45 CFR 102.3. This rule is effective October 11 2018.
SUPPLEMENTARY INFORMATION: The adjusted civil monetary penalty
III. Statutory and Executive Order
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amounts apply to penalties assessed on
I. Background Reviews
or after October 11, 2018, if the violation
The Federal Civil Penalties Inflation The 2015 Act requires federal occurred on or after November 2, 2015.
Adjustment Act Improvements Act of agencies to publish annual penalty If the violation occurred prior to
2015 (Sec. 701 of Pub. L. 114–74) (the inflation adjustments notwithstanding November 2, 2015, or a penalty was
‘‘2015 Act’’), which is intended to section 553 of the Administrative assessed prior to September 6, 2016, the
improve the effectiveness of civil Procedure Act (APA). pre-adjustment civil penalty amounts in
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Document Created: 2018-10-11 15:34:55
Document Modified: 2018-10-11 15:34:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 13, 2018. | |
| Contact | Marilyn Powers, (215) 814-2308, or by email at [email protected] | |
| FR Citation | 83 FR 51366 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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