[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Rules and Regulations]
[Pages 51599-51601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20000]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2007-1001; FRL-8709-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; NOX and SO2 Emissions Limitations for Fifteen Coal-Fired
Electric Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This revision pertains to
regulations for emission limitations at 15 Maryland power plants. The
intended effect of this action is to approve, with one exception,
Maryland's regulation which establishes statewide tonnage caps for
emissions of nitrogen oxides (NOX) and sulfur dioxide
(SO2) from 15 coal-fired electric generating units (EGUs).
The exception pertains to a portion of the rule that Maryland requested
EPA take no further action on. The provision, which EPA has determined
has no impact on the rule that is being finalized today, will be
withdrawn in a separate notice. This SIP action is being taken under
the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective on October 6, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-1001. All documents in the docket are listed in
the www.regulations.gov Web Site. Although listed in the electronic
docket, some information is not publicly available, i.e., 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 either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 6, 2006, Maryland signed into law the Healthy Air Act (Ch.
23, Acts of 2006). The Healthy Air Act establishes limits on the amount
of NOX and SO2 emissions that affected facilities
can emit, and does not permit the use of allowances to achieve
compliance. To implement the Healthy Air Act, the Maryland Department
of the Environment (MDE) adopted COMAR 26.11.27, Emission Limitations
for Power Plants. These regulations require the installation of on-site
pollution controls at 15 Maryland power plants and will ensure that
appropriate local emission reductions will occur where they are needed
in order to attain the 8-hour ozone and fine particulate matter
National Ambient Air Quality Standards (NAAQS) by 2010.
A formal SIP revision (07-10) was submitted by MDE on July
12, 2007. On January 10, 2008 (73 FR 1851), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of emission limitations and related requirements for
NOX and SO2 at 15 coal-fired electric generating
units in Maryland. No public comments were received on the NPR.
On June 23, 2008, MDE submitted a letter withdrawing a portion of
the July 12, 2007 submittal. The withdrawal is only for COMAR
26.11.27.03B(7)(a)(iii). This provision requires a unit that exceeds
its ozone season NOX emissions
[[Page 51600]]
limit to surrender ozone season NOX allowances equivalent to
the number of tons of NOX emitted in excess of the limit.
The June 23, 2008 letter requested that EPA finalize its rulemaking
with respect to the rest of the SIP Revision that is not withdrawn. EPA
determined that removal of regulation COMAR 26.11.27.03B(7)(a)(iii)
does not impact the rest of the requirements in COMAR 26.11.27, and is
severable. By separate action, EPA will withdraw this provision as
requested by MDE.
II. Summary of SIP Revision
The MDE is requesting that regulation COMAR 26.11.27, establishing
tonnage caps for emissions of NOX and SO2 from 15
coal-fired EGUs in Maryland, be approved. The purpose of these
regulations is to help bring Maryland into attainment with the NAAQS
for 8 hour ozone and fine particulate matter by the 2010 attainment
deadline. The 15 affected units are as follows:
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Electric generating unit Jurisdiction
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Constellation Energy Group System
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Brandon Shores 1 & 2................... Anne Arundel County.
H. A. Wagner 2 & 3..................... Anne Arundel County.
C. P. Crane 1 & 2...................... Baltimore County.
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Mirant System
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Chalk Point 1 & 2...................... Prince George's County.
Dickerson 1, 2, & 3.................... Montgomery County.
Morgantown 1 & 2....................... Charles County.
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Allegheny Energy
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R. Paul Smith 3 & 4.................... Washington County.
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These regulations also establish monitoring and reporting
requirements, and authorize the MDE to reduce or waive penalties for
non-compliance under certain conditions and provide for judicial review
of decisions by the MDE to grant a reduction or waiver of penalties.
III. Final Action
Maryland has met the requirements for submitting a SIP revision to
limit NOX and SO2 emissions from 15 coal-fired
EGUs. With the exception of COMAR 26.11.27.03B(7)(a)(iii), which will
be withdrawn by separate action, EPA is approving the SIP revision.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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 November 3, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition
[[Page 51601]]
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action.
This action approving Maryland's SIP revision concerning emission
limitations for NOX and SO2 at 15 coal-fired EGUs
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, Nitrogen dioxide, Reporting and recordkeeping requirements,
Sulfur oxides.
Dated: August 20, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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2. In Sec. 52.1070, the table in paragraph (c) is amended by adding an
entry for COMAR 26.11.27 after the existing entry for COMAR 26.11.26 to
read as follows:
Sec. 52.1070 Identification of plan.
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(c) * * *
EPA-Approved Regulations In the Maryland SIP
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Code of Maryland administrative State Additional explanation/citation at 40
regulations (COMAR) citation Title/subject effective date EPA approval date CFR 52.1100
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26.11.27 Emission Limitations for Power Plants
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26.11.27.01....................... Definitions.......... 7/16/07 9/4/08 [Insert page number where the
document begins].
26.11.27.02....................... Applicability and 7/16/07 9/4/08 [Insert page number where the
Exceptions. document begins].
26.11.27.03....................... General Requirements. 7/16/07 9/4/08 [Insert page number where the Exceptions: Paragraphs
document begins]. .03B(7)(a)(iii) and .03D; the word
``and'' at the end of paragraph
.03B(7)(a)(ii).
26.11.27.05....................... Monitoring and 7/16/07 9/4/08 [Insert page number where the
Reporting document begins].
Requirements.
26.11.27.06....................... Judicial Review of 7/16/07 9/4/08 [Insert page number where the
Penalty Waivers. document begins].
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[FR Doc. E8-20000 Filed 9-3-08; 8:45 am]
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