83 FR 7124 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Emissions Statement Requirement for the 2008 Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range		7124-7125
FR Document		2018-03416
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Maryland. This revision fulfills Maryland's emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA).
Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Proposed Rules]
[Pages 7124-7125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03416]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0637; FRL-9974-62--Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Emissions Statement Requirement for the 2008 Ozone Standard

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 fulfills Maryland's emissions 
statement requirement for the 2008 ozone national ambient air quality 
standard (NAAQS). This action is being taken under the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before March 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0637 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 27, 2008, EPA strengthened the ozone standard from 0.08 to 
0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA 
designated areas as nonattainment for the 2008 ozone NAAQS, including 
the Baltimore and Washington, DC-MD-VA areas, which include the 
following counties in Maryland: Anne Arundel, Baltimore, Baltimore 
City, Carroll, Harford, Howard, Cecil, Calvert, Charles, Frederick, 
Montgomery, and Prince George's Counties. See 40 CFR 81.321.
    Additionally, Maryland is located in the ozone transport region 
(OTR) established by Congress in section 184 of the CAA. Pursuant to 
section 184(b)(2), any stationary source that emits or has the 
potential to emit at least 50 tons per year (tpy) of volatile organic 
compounds (VOC) shall be considered a major stationary source and 
subject to the requirements which would be applicable to major 
stationary sources if the area were classified as a moderate 
nonattainment area. See CAA section 184. Thus, states within the OTR 
are subject to plan (or SIP) requirements in CAA section 182(b) 
applicable to moderate nonattainment areas. Also, section 182(f)(1) of 
the CAA requires that the plan provisions required for major stationary 
sources of VOC also apply to major stationary sources of oxides of 
nitrogen (NOX) for states with moderate (or worse) ozone 
nonattainment areas. A major stationary source of NOX is 
defined as stationary facility or source of air pollutants which 
directly emits, or has the potential to emit 100 tpy or more of 
NOX. See CAA section 302(j).
    Section 182 of the CAA identifies additional plan submissions and 
requirements for ozone nonattainment areas. Specifically, section 
182(a)(3)(B) of the CAA requires that states develop and submit rules 
which establish annual reporting requirements for certain stationary 
sources. Sources that are within marginal (or worse) ozone 
nonattainment areas must annually report the actual emissions of 
NOX and VOC to the state. However, states may waive sources 
that emit under 25 tpy of NOX and VOC if the state provides 
an inventory of emissions from such class or category of sources. See 
CAA section 182(a)(3)(B)(ii).
    In summary, because Maryland is located in the OTR, sources that 
are located in ozone attainment areas and emit above 50 tpy of VOC or 
100 tpy of NOX are considered major sources and subject to 
the requirements of major stationary sources in moderate (or worse) 
nonattainment area, such as an emissions statement submission as 
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and 
184(b)(2). Sources that are located in designated marginal (or worse) 
nonattainment areas must submit an emissions statement as required by 
CAA section 182(a)(3)(B). As stated previously, states may waive 
sources under that emit 25 tpy of NOX and 25 tpy of VOC 
threshold if the state provides an inventory of emissions from such 
class or category of sources as required by CAA sections 172 and 
182.\1\ See section 182(a)(3)(B)(ii).
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    \1\ For further information on the emissions statement reporting 
requirements, see ``Guidance on the Implementation of an Emission 
Statement Program (July 1992)'' https://www.epa.gov/sites/production/files/2015-09/documents/emission_statement_program_zypdf.pdf, pp. 5-9.
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    On September 25, 2017, the State of Maryland, through the Maryland 
Department of the Environment (MDE), submitted a SIP revision to 
satisfy the emissions statement requirement of section 182(a)(3)(B) of 
the CAA for the 2008 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On October 12, 1994 (59 FR 51517), EPA approved Maryland's SIP 
submittal that satisfies CAA section 182(a)(3)(B). Maryland's emissions 
reporting requirements are codified in Maryland regulation COMAR 
26.11.01.05-1

[[Page 7125]]

``Emissions Statements.'' COMAR 26.11.01.05-1 requires installations or 
sources that emit above a particular threshold of NOX or VOC 
and are within certain geographic areas to submit an emissions 
statement to the State. The statement must be submitted by a certified 
individual who can verify the source's actual emissions.
    COMAR 26.11.01.05-1 requires that sources that emit 25 tons or more 
of NOX or VOC during a calendar year in the following 
counties (which include nonattainment areas for the 2008 ozone NAAQS) 
submit an emissions statement: Anne Arundel, Baltimore, Baltimore City, 
Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, 
Montgomery, Prince George's, and Queen Anne's counties. As previously 
mentioned, per CAA section 182(a)(3)(B)(ii), states may waive sources 
under 25 tpy of NOX and VOC if the state provides an 
inventory of emissions from such class or category of sources as 
required by CAA sections 172 and 182. Maryland does provide emissions 
inventories for nonattainment areas as required by CAA section 
172(c)(3). See e.g. 82 FR 44544 (September 25, 2017).
    Finally, COMAR 26.11.01.05-1 also requires that sources that emit 
50 tons or more of VOC or 100 tons or more of NOX during a 
calendar year in the following counties (which are in ozone attainment 
for the 2008 ozone NAAQS but still located within the OTR) submit an 
emissions statement: Allegany, Caroline, Dorchester, Garrett, St. 
Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties. 
Because Maryland is located in the OTR, sources that are located in 
attainment areas for the 2008 ozone NAAQS and emit above 50 tpy of VOC 
and 100 tpy of NOX are considered major sources and subject 
to the requirements of major stationary sources in moderate (or worse) 
nonattainment area, such as an emissions statement submission as 
required by CAA section 182(a)(3)(B). See CAA sections 182(f) and 
184(b)(2).
    In Maryland's September 25, 2017 SIP submittal, Maryland states 
that the existing COMAR 26.11.01.05-1 ``Emissions Statements'' 
continues to satisfy section 182(a)(3)(B) for the 2008 ozone NAAQS 
because Maryland has not made any changes since EPA's prior approval 
and COMAR 26.11.01.05-1 meets the CAA requirements for emission 
statements. See 59 FR 51517 (October 12, 1994). EPA finds that COMAR 
26.11.01.05-1 continues to satisfy section 182(a)(3)(B) because the 
existing rule is applicable to the entire State of Maryland and 
requires stationary sources that emit NOX or VOC to submit 
an emissions statement to the State detailing the sources' emissions. 
EPA finds Maryland's emissions' thresholds for sources that are 
required to submit an emissions statement meet CAA requirements in 
sections 182 (plan submissions and requirements for ozone nonattainment 
areas) and 184 (OTR requirements). See also ``Guidance on the 
Implementation of an Emission Statement Program (July 1992).'' 
Therefore, EPA has determined that COMAR 26.11.01.05-1, which is 
currently in the Maryland SIP, is appropriate to address the emissions 
statement requirement in section 182(a)(3)(B) and is proposing to 
approve this SIP revision. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

III. Proposed Action

    EPA is proposing to approve the September 25, 2017 Maryland SIP 
revision certifying that Maryland's existing SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA for the 2008 ozone NAAQS.

IV. 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 (Public Law 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, which proposes to approve 
Maryland's certification that Maryland's SIP-approved emissions 
statement regulation meets the emissions statement requirement of 
section 182(a)(3)(B) of the CAA, 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, Volatile organic compounds.

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

    Dated: February 9, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2018-03416 Filed 2-16-18; 8:45 am]
BILLING CODE 6560-50-P
7124 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Proposed Rules

FDA or between FDA and regulated comments cannot be edited or removed oxides of nitrogen (NOX) for states with
industry on a specified therapeutic from Regulations.gov. For either manner moderate (or worse) ozone
nicotine product policy topic); (2) the of submission, EPA may publish any nonattainment areas. A major stationary
rationale for doing so, including why comment received to its public docket. source of NOX is defined as stationary
direct engagement by the NSC would be Do not submit electronically any facility or source of air pollutants which
appropriate/helpful; (3) information you consider to be directly emits, or has the potential to
recommendations on how the nicotine confidential business information (CBI) emit 100 tpy or more of NOX. See CAA
policy issue could be addressed; and (4) or other information whose disclosure is section 302(j).
existing policy documents (e.g., final restricted by statute. Multimedia Section 182 of the CAA identifies
guidance) relevant to the nicotine submissions (audio, video, etc.) must be additional plan submissions and
product policy issue. Note that policy accompanied by a written comment. requirements for ozone nonattainment
issues concerning any draft guidance or The written comment is considered the areas. Specifically, section 182(a)(3)(B)
proposed rule should be submitted to official comment and should include of the CAA requires that states develop
the docket for that draft guidance or discussion of all points you wish to and submit rules which establish annual
rulemaking. make. EPA will generally not consider reporting requirements for certain
The Agency will carefully consider all comments or comment contents located stationary sources. Sources that are
comments submitted. FDA generally outside of the primary submission (i.e. within marginal (or worse) ozone
will not respond directly to the person on the web, cloud, or other file sharing nonattainment areas must annually
or organization submitting the system). For additional submission report the actual emissions of NOX and
comment. In general, policy decisions methods, please contact the person VOC to the state. However, states may
reached by the NSC are communicated identified in the FOR FURTHER waive sources that emit under 25 tpy of
and implemented in accordance with INFORMATION CONTACT section. For the NOX and VOC if the state provides an
FDA’s good guidance practices full EPA public comment policy, inventory of emissions from such class
regulation (21 CFR 10.115) or notice and information about CBI or multimedia or category of sources. See CAA section
comment procedures. submissions, and general guidance on 182(a)(3)(B)(ii).
making effective comments, please visit In summary, because Maryland is
Dated: February 13, 2018. located in the OTR, sources that are
Leslie Kux, http://www2.epa.gov/dockets/
commenting-epa-dockets. located in ozone attainment areas and
Associate Commissioner for Policy. emit above 50 tpy of VOC or 100 tpy of
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–03341 Filed 2–16–18; 8:45 am] NOX are considered major sources and
Gavin Huang, (215) 814–2042, or by subject to the requirements of major
BILLING CODE 4164–01–P
email at huang.gavin@epa.gov. stationary sources in moderate (or
SUPPLEMENTARY INFORMATION: worse) nonattainment area, such as an
ENVIRONMENTAL PROTECTION I. Background emissions statement submission as
AGENCY required by CAA section 182(a)(3)(B).
On March 27, 2008, EPA strengthened See CAA sections 182(f) and 184(b)(2).
40 CFR Part 52 the ozone standard from 0.08 to 0.075 Sources that are located in designated
parts per million (ppm). 73 FR 16436. marginal (or worse) nonattainment areas
[EPA–R03–OAR–2017–0637; FRL–9974– On May 21, 2012, EPA designated areas
62—Region 3] must submit an emissions statement as
as nonattainment for the 2008 ozone required by CAA section 182(a)(3)(B).
Approval and Promulgation of Air NAAQS, including the Baltimore and As stated previously, states may waive
Quality Implementation Plans; Washington, DC-MD-VA areas, which sources under that emit 25 tpy of NOX
Maryland; Emissions Statement include the following counties in and 25 tpy of VOC threshold if the state
Requirement for the 2008 Ozone Maryland: Anne Arundel, Baltimore, provides an inventory of emissions from
Standard Baltimore City, Carroll, Harford, such class or category of sources as
Howard, Cecil, Calvert, Charles, required by CAA sections 172 and
AGENCY: Environmental Protection Frederick, Montgomery, and Prince 182.1 See section 182(a)(3)(B)(ii).
Agency (EPA). George’s Counties. See 40 CFR 81.321. On September 25, 2017, the State of
ACTION: Proposed rule. Additionally, Maryland is located in Maryland, through the Maryland
the ozone transport region (OTR) Department of the Environment (MDE),
SUMMARY: The Environmental Protection established by Congress in section 184 submitted a SIP revision to satisfy the
Agency (EPA) is proposing to approve a of the CAA. Pursuant to section emissions statement requirement of
state implementation plan (SIP) revision 184(b)(2), any stationary source that section 182(a)(3)(B) of the CAA for the
submitted by the State of Maryland. emits or has the potential to emit at least 2008 ozone NAAQS.
This revision fulfills Maryland’s 50 tons per year (tpy) of volatile organic
emissions statement requirement for the compounds (VOC) shall be considered a II. Summary of SIP Revision and EPA
2008 ozone national ambient air quality major stationary source and subject to Analysis
standard (NAAQS). This action is being the requirements which would be On October 12, 1994 (59 FR 51517),
taken under the Clean Air Act (CAA). applicable to major stationary sources if EPA approved Maryland’s SIP submittal
DATES: Written comments must be the area were classified as a moderate that satisfies CAA section 182(a)(3)(B).
received on or before March 22, 2018. nonattainment area. See CAA section Maryland’s emissions reporting
sradovich on DSK3GMQ082PROD with PROPOSALS

ADDRESSES: Submit your comments, 184. Thus, states within the OTR are requirements are codified in Maryland
identified by Docket ID No. EPA–R03– subject to plan (or SIP) requirements in regulation COMAR 26.11.01.05–1
OAR–2017–0637 at http:// CAA section 182(b) applicable to
www.regulations.gov, or via email to moderate nonattainment areas. Also, 1 For further information on the emissions

spielberger.susan@epa.gov. For section 182(f)(1) of the CAA requires statement reporting requirements, see ‘‘Guidance on
the Implementation of an Emission Statement
comments submitted at Regulations.gov, that the plan provisions required for Program (July 1992)’’ https://www.epa.gov/sites/
follow the online instructions for major stationary sources of VOC also production/files/2015–09/documents/emission_
submitting comments. Once submitted, apply to major stationary sources of statement_program_zypdf.pdf, pp. 5–9.

VerDate Sep<11>2014 16:10 Feb 16, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20FEP1.SGM 20FEP1
Document Created: 2018-02-17 02:29:54
Document Modified: 2018-02-17 02:29:54
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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received on or before March 22, 2018.
Contact		Gavin Huang, (215) 814-2042, or by email at [email protected]
FR Citation		83 FR 7124
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds