Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Ozone Season Emissions Caps for Non-Trading Large Nitrogen Oxides Units; Amendments

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R03-OAR-2024-0512; FRL-12099-02-R3]</DEPDOC> <SUBJECT>Approval and Promulgation of Air Quality Implementation Plans; Maryland; Nitrogen Oxides Ozone Season Emissions Caps for Non-Trading Large Nitrogen Oxides Units; Amendments</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Maryland. This revision (Maryland Submittal #24-01) pertains to the re-allocation of nitrogen oxides (NO <E T="52">X</E> ) ozone season emission caps for large non-electric generating units (non-EGUs, affected units). The amendment also updates a cross reference to the Cross State Air Pollution Rule (CSAPR). This action is being taken under the Clean Air Act (CAA). </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> This final rule is effective on August 25, 2025. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2024-0512. All documents in the docket are listed on the <E T="03">www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</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 through <E T="03">www.regulations.gov</E> , or please contact the person identified in the <E T="02">For Further Information Contact</E> section for additional availability information. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Amber Iglesias, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is (202) 564-3175. Ms. Iglesias can also be reached via electronic mail at <E T="03">iglesias.amber@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> On December 26, 2024 (89 FR 104941), the EPA published a notice of proposed rulemaking (NPRM) for the State of Maryland. In the NPRM, the EPA proposed approval of a revision to Code of Maryland Regulations (COMAR) 26.11.40 that involved the re-allocation of NO <E T="52">X</E> ozone season emission caps for large non-electric generating units (non-EGUs, affected units) as well as an updated cross reference to the CSAPR) The formal SIP revision (Maryland Submittal #24-01) was submitted by the State of Maryland on June 10, 2024. The NO <E T="52">X</E> 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 NO <E T="52">X</E> , one of the precursors of ozone. The EPA developed the NO <E T="52">X</E> Budget Trading Program, an EPA-administered allowance trading program that states could adopt to meet their obligations under the NO <E T="52">X</E> SIP Call. The NO <E T="52">X</E> 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 NO <E T="52">X</E> cap and trade program. Maryland complied with the NO <E T="52">X</E> SIP call by participation of its large EGUs and large non-EGUs in the NO <E T="52">X</E> Budget Trading Program. The EPA discontinued administration of the NO <E T="52">X</E> Budget Trading Program in 2009 upon the start of the Clean Air Interstate Rule (CAIR) trading programs (70 FR 25162, May 12, 2005). The NO <E T="52">X</E> SIP Call requirements continued to apply, however, and EGUs in most states (including Maryland) that formerly participated in the NO <E T="52">X</E> Budget Trading Program continued to meet their NO <E T="52">X</E> SIP Call requirements under the generally more stringent requirements of the CAIR NO <E T="52">X</E> 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. For the large non-EGUs, states needed to take regulatory action to ensure that their obligations under the NO <E T="52">X</E> 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 NO <E T="52">X</E> Ozone Season trading program or through adoption of other replacement regulations. In Maryland, Luke Paper Mill (formerly the Westvaco pulp and paper mill) was the only facility with large non-EGUs that participated in the NO <E T="52">X</E> Budget Trading Program. When the CAIR NO <E T="52">X</E> Ozone Season trading program replaced the NO <E T="52">X</E> 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 NO <E T="52">X</E> Ozone Season trading program. 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 NO <E T="52">X</E> SIP Call non-EGU requirements in Maryland through a NO <E T="52">X</E> ozone season tonnage cap of 947 tons for the Luke non-EGUs and monitoring, recordkeeping, and reporting in accordance with 40 CFR part 75. 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 NO <E T="52">X</E> SIP Call as the units have heat input ratings greater than 250 MMBtu/hr. A review of the applicability of the NO <E T="52">X</E> SIP Call to large non-EGUs in the State showed that there are three additional facilities having non-EGUs that are covered under the NO <E T="52">X</E> SIP Call. Maryland adopted new regulation COMAR 26.11.40 to reallocate the statewide NO <E T="52">X</E> emissions cap among the affected sources, and concurrently revised COMAR 26.11.14.07 to reflect a reduced cap for Luke. In October 2018, Maryland adopted a new COMAR 26.11.40—NO <E T="52">X</E> Ozone Season Emission Caps for Non-Trading Large NO <E T="52">X</E> Units. This regulation established NO <E T="52">X</E> ozone season tonnage caps and NO <E T="52">X</E> monitoring requirements for large non-EGUs in the State that were not covered under the CSAPR NO <E T="52">X</E> Ozone Season Group 2 Trading Program to meet requirements of the NO <E T="52">X</E> SIP Call. NO <E T="52">X</E> emissions caps were 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 NO <E T="52">X</E> SIP Call in the future. The NO <E T="52">X</E> annual emissions cap for Maryland established for the NO <E T="52">X</E> SIP Call is 1,013 tons per year of NO <E T="52">X</E> , as established by EPA in 40 CFR part 97, subpart E, appendix C. This regulation also requires 40 Code of Federal Regulations (CFR) part 75, subpart H monitoring of NO <E T="52">X</E> emissions at affected units in accordance with 40 CFR 51.121(i)(4). The EPA approved the SIP revision that included the new COMAR 26.11.40 in October 2018. On June 30, 2019, Luke Paper Mill was shut down by its owner, Verso, and surrendered all of its CAA operating permits for the facility on May 8, 2020. <HD SOURCE="HD1">II. Summary of SIP Revision and the EPA Analysis</HD> COMAR 26.11.40 establishes NO <E T="52">X</E> ozone season tonnage caps and NO <E T="52">X</E> monitoring requirements for large non-EGUs in the State that are not covered Federal trading program for ozone season emissions of NO <E T="52">X</E> established under 40 CFR part 97 to address interstate transport of ozone and NO <E T="52">X</E> in accordance with 40 CFR 52.38(b), or a state trading program for ozone season emissions of NO <E T="52">X</E> approved by the EPA Administrator as meeting the requirements of 40 CFR 52.38(b) located at three facilities (American Sugar Refining, Dominion Energy Cove Point LNG, 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 NO <E T="52">X</E> SIP Call in the future. Title 40 CFR part 75, subpart H, monitoring of NO <E T="52">X</E> emissions at affected units is required in accordance with 40 CFR 51.121(i)(4). This rule approves into the SIP Maryland's revisions to COMAR 26.11.40.02 and 26.11.40.03. COMAR 26.11.14.02 updates the way the state references the EPA's Cross State Air Pollution Rule and removes Luke Paper Mill as an affected source (see table 1 in this preamble). <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,r100,12"> <TTITLE> Table 1—NO <E T="0732">X</E> Season Emission Caps </TTITLE> <CHED H="1">Facility</CHED> <CHED H="1">Unit</CHED> <ENT I="01">American Sugar Refining</ENT> <ENT>C6</ENT> <ENT>24</ENT> </ROW> <ROW> <ENT I="01">Dominion Energy Cove Point LNG</ENT> <ENT> Frame 5-1 (Turbine S009) Frame 5-2 (Turbine S010) Frame 7-A, Frame 7-B Aux. A, Aux B </ENT> <ENT>214</ENT> </ROW> <ROW> <ENT I="01">National Institutes of He ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. 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