[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Proposed Rules]
[Pages 51006-51016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17341]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0325; FRL-10118-01-R3]


Air Plan Approval; Maryland; Clean Data Determination and 
Approval of Select Attainment Plan Elements for the Anne Arundel County 
and Baltimore County, Maryland Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Anne Arundel County and Baltimore County, Maryland 
sulfur dioxide (SO2) nonattainment area has attained the 
2010 primary SO2 national ambient air quality standard (2010 
SO2 NAAQS). In designated nonattainment areas where air 
quality data demonstrate that the NAAQS have been attained, EPA 
interprets certain requirements of the Clean Air Act (CAA) as no longer 
applicable for so long as air quality continues to meet the standard. 
Under this Clean Data Policy, EPA may issue a determination of 
attainment, known as a clean data determination (CDD), that

[[Page 51007]]

a nonattainment area is attaining the relevant NAAQS. If finalized, 
this proposed CDD would suspend the obligation to submit certain 
attainment planning requirements for the nonattainment area for as long 
as the area continues to attain the 2010 SO2 NAAQS.
    EPA is also simultaneously proposing to approve certain elements of 
the attainment plan contained in Maryland's state implementation plan 
(SIP) revision for the Anne Arundel County and Baltimore County 
SO2 nonattainment area (referred to hereafter as the Anne 
Arundel-Baltimore County Area, or simply the Area), submitted to EPA on 
January 31, 2020. The requirement to submit the elements that EPA is 
proposing to approve would not be suspended under this proposed CDD, as 
set forth in EPA's Clean Data Policy, because EPA considers them to be 
independent of attaining the NAAQS under the CAA. Finally, EPA is 
approving as SIP strengthening measures certain emission limit 
requirements on large SO2 emission sources that were 
submitted as part of Maryland's attainment plan for the nonattainment 
area. This determination of attainment and approval of certain elements 
and emissions limitations into the SIP does not redesignate the Area to 
attainment or constitute a full approval of the submitted attainment 
plan or of a maintenance plan. This action is being taken under the 
CAA.

DATES: Written comments must be received on or before September 19, 
2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0325 at 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 www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation 
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection 
Agency, Region III, Four Penn Center, 1600 John F. Kennedy Boulevard, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2176. Mr. Rehn can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we refer to EPA.

I. Background

    On June 22, 2010, EPA published in the Federal Register a 
strengthened, primary 1-hour SO2 NAAQS, establishing a new 
standard at a level of 75 parts per billion (ppb), based on the 3-year 
average of the annual 99th percentile of daily maximum 1-hour average 
concentrations of SO2.\1\ Following promulgation of a new or 
revised NAAQS, EPA is required to designate all areas of the country 
area as either ``attainment,'' ``nonattainment,'' or 
``unclassifiable.'' CAA section 107(d)(1). On July 12, 2016, EPA 
published a final rule designating the Anne Arundel-Baltimore County 
Area as nonattainment for the 2010 SO2 NAAQS, based on air 
quality modeling and ambient air monitoring data. 81 FR 45039.
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    \1\ On June 2, 2010, EPA signed the final rule titled, ``Primary 
National Ambient Air Quality Standard for Sulfur Dioxide,'' 75 FR 
35520 (June 22, 2010), codified at 40 CFR part 50.
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    The major SO2-emitting facilities in this Area at that 
time were three electrical generating units (EGUs)--Herbert A. Wagner 
(Wagner), with two coal-fired units, one #6 fuel oil-fired unit and one 
dual fuel (natural gas and fuel oil) unit; the Brandon Shores 
Generating Station (Brandon Shores), with two coal-fired units; and the 
Charles P. Crane Generating Station (Crane), with its two coal-fired 
units. The other major SO2 source in the Area is the 
Wheelabrator Baltimore waste-to-energy incinerator. The nonattainment 
area is comprised of portions of Anne Arundel and Baltimore Counties 
that are within 26.8 kilometers of Wagner's Unit 3 stack, which is 
located at 39.17765 North latitude, 76.52752 West longitude.\2\
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    \2\ See the area's complete boundary description at 40 CFR 
81.321. Note that the nonattainment area excludes any portion of 
Baltimore City that falls within the 26.8-kilometer radius of 
Herbert A. Wagner Generating Station's Unit 3 stack.
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    The CAA directs states containing an area designated nonattainment 
for the 2010 SO2 NAAQS to develop and submit a nonattainment 
area (NAA) SIP to EPA within 18 months of the effective date of an 
area's designation as nonattainment. The NAA SIP (also referred to as 
an attainment plan) must meet the requirements of subparts l and 5 of 
part D, of Title 1 of the CAA, and provide for attainment of the NAAQS 
by the applicable statutory attainment date.\3\ To be approved by the 
EPA under section 192(a), these NAA SIPs must provide for attainment of 
the NAAQS as expeditiously as practicable, but no later than five years 
from the effective date of designation. The Maryland Department of 
Environment (MDE) was required to prepare and submit to EPA a NAA SIP 
by March 12, 2018 to bring the Area into attainment by the attainment 
date of September 12, 2021. However, Maryland failed to submit a 
complete attainment plan for the Area by the March 12, 2018 deadline. 
On September 20, 2019, EPA issued a finding of failure to submit (FFS) 
regarding the required attainment plan SIP.\4\
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    \3\ See sections 172 and 191-192 of the CAA.
    \4\ 84 FR 49462 (September 20, 2019).
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    The September 20, 2019 FFS resulted in the initiation of an 18-
month clock toward imposition of sanctions upon the state under CAA 
section 179, unless by that date the state has submitted to EPA an 
SO2 SIP and EPA has determined it to be complete and 
notified the state it has corrected the deficiency that gave rise to 
the FFS.\5\ The FFS action also started a two-year clock by which EPA 
is required under CAA section 110(c) to promulgate a Federal 
Implementation Plan (FIP) for the area, unless the state submits, and 
EPA approves, a SIP for the area before that date. Maryland submitted 
an attainment plan SIP for the Anne Arundel-Baltimore County Area on 
January 31, 2020. On March 30, 2020, EPA determined Maryland's 
attainment plan SIP complete under the requirements for completeness 
under CAA section 110(k), terminating the sanctions clock started by 
the FFS action. If finalized, this CDD would have the effect of 
suspending EPA's obligation to promulgate a FIP for the outstanding 
attainment plan elements that are not being acted on in this document, 
for so long as the CDD remains in place. The requirement for

[[Page 51008]]

outstanding attainment plan elements and the FIP clock will terminate 
if EPA redesignates the area to attainment.
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    \5\ See 40 CFR 52.31(d)(5).
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    Notwithstanding Maryland's submission of a complete attainment 
plan, EPA proposes to determine, based on evaluation of updated 
emissions data for the major SO2 sources in the Area and on 
more recently available air quality monitoring and supporting air 
quality modeling data, that the Area is attaining the 2010 
SO2 NAAQS and qualifies for a CDD under EPA's Clean Data 
Policy.

II. EPA Clean Data Policy and Clean Data Determinations

    Following enactment of the CAA Amendments of 1990, EPA discussed 
its interpretation of the requirements for implementing the NAAQS in 
the ``General Preamble for the Implementation of title I of the CAA 
Amendments of 1990'' (General Preamble).\6\ In 1995, based on the 
interpretation of CAA sections 171, 172, and 182 in the General 
Preamble, EPA set forth what has become known as its ``Clean Data 
Policy'' for the 1-hour ozone NAAQS.\7\ Under the Clean Data Policy, 
for a nonattainment area that can demonstrate attainment of the 
standard before implementing CAA nonattainment measures, EPA interprets 
the requirements of the CAA that are specifically designed to help an 
area achieve attainment, including attainment demonstrations, 
implementation of reasonably available control measures, including 
reasonably available control technology (RACM/RACT), reasonable further 
progress (RFP) demonstrations, emissions limitations and control 
measures as necessary to provide for attainment, and contingency 
measures, to be suspended for so long as air quality continues to meet 
the standard.\8\ EPA's ``2014 Guidance for 1-hour SO2 Area 
SIP Submissions'' (2014 SO2 Nonattainment Area Guidance) 
provides guidance and EPA's rationale for the application of the 
existing Clean Data Policy to the 2010 1-hour primary SO2 
NAAQS.\9\
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    \6\ 57 FR 13498, 13564 (April 16, 1992).
    \7\ EPA's statutory interpretation of the Clean Data Policy is 
further described in the ``Final Rule to Implement the 8-hour Ozone 
National Ambient Air Quality Standard--Phase 2 (referred to as the 
Phase 2 Final Rule)'', (70 FR 71612, November 29, 2005). The Tenth, 
Seventh, and Ninth Circuit U.S. District Courts have upheld EPA 
rulemakings applying the Clean Data Policy. See Sierra Club v. EPA, 
99 F. 3d 1551 (10th Cir. 1996); Sierra Club v. EPA, 375 F. 3d 537 
(7th Cir. 2004); Our Children's Earth Foundation v. EPA, No. 04-
73032 (9th Cir., June 28, 2005) memorandum opinion.
    \8\ See Memorandum from John S. Seitz, Director, Office of Air 
Quality Planning and Standards, entitled, ``Reasonable Further 
Progress, Attainment Demonstration, and Related Requirements for 
Ozone Nonattainment areas Meeting the Ozone National Ambient Air 
Quality Standard,'' dated May 10, 1995.
    \9\ Memorandum from Steve Page, Director of the EPA's Office of 
Air Quality Planning and Standards, to the EPA Air Division 
Directors entitled, ``Guidance for 1-hr SO2 Nonattainment 
Area SIP Submissions,'' dated April 23, 2014.
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    EPA may issue a CDD under our Clean Data Policy when a 
nonattainment area is attaining the 2010 SO2 NAAQS based on 
the most recent available data. EPA will determine whether the area has 
attained the 2010 SO2 NAAQS based on available information, 
including air quality monitoring data and air quality dispersion 
modeling information for the affected area. If the determination of 
attainment is issued, then certain attainment plan requirements for the 
area are suspended for so long as the area continues to attain the 
NAAQS.
    However, the suspension of the obligation to submit an attainment 
plan is only appropriate where the area remains in attainment of the 
NAAQS. EPA is proposing to require Maryland to submit annual statements 
to EPA (due by July 1 of each year after the final CDD), to address 
whether the Area has continued to attain the 2010 SO2 NAAQS. 
EPA expects that these statements would include at least available air 
quality monitoring data, an assessment of changes in SO2 
emissions from existing or new sources, and discussion of whether these 
changes warrant updated modeling. If EPA does not receive credible 
information indicating that the area continues to attain the 
SO2 NAAQS, EPA will propose to rescind the Anne Arundel-
Baltimore County Area's CDD, the finalization of which would reinstate 
all outstanding attainment planning requirements that were suspended by 
the CDD. Therefore, if the area violates the NAAQS in the future and 
EPA rescinds the CDD, there would no longer be a basis for suspending 
EPA's FIP obligation, and EPA would have an immediate obligation to 
promulgate a FIP addressing the outstanding SIP requirements for the 
Anne Arundel-Baltimore County Area for the SO2 NAAQS that 
were the subject of the September 20, 2019 FFS.
    A determination of attainment under the Clean Data Policy does not 
serve to alter the Area's nonattainment designation. CDDs are not 
redesignations to attainment. For EPA to redesignate an area to 
attainment the state must submit, and EPA must approve, a redesignation 
request for the Area that meets the requirements of CAA section 
107(d)(3).

III. EPA's Analysis Supporting a Clean Data Determination for the Anne 
Arundel-Baltimore County Area

    EPA may make a CDD for an SO2 nonattainment area if the 
most recent three years of air quality monitoring data from a monitor 
sited in the area of peak ambient SO2 concentrations show 
attainment of the NAAQS and any other relevant information, such as 
dispersion modeling, show the area is meeting the NAAQS. Initial 
designations for the 2010 SO2 NAAQS were based on EPA's 
technical assessment of, and conclusions regarding the weight of 
evidence for, each area, including but not limited to available air 
quality monitoring data (for the three most recent calendar years) and/
or air quality modeling. In the case of the Anne Arundel-Baltimore 
County Area, the monitor recording SO2 concentrations for 
the most recent 3-year period is not located in the area of peak 
ambient SO2 concentrations. Because the monitor is not 
located in the area of peak expected SO2 concentrations, 
both monitoring and modeling would need to show that the 3-year average 
of the annual 99th percentile of daily maximum 1-hour average 
concentrations (which yields the ``design value'') would not violate 
the 2010 1-hour SO2 NAAQS level of 75 parts per billion 
(ppb).
    For a CDD where monitors are not located in the area of peak 
expected SO2 concentrations, air quality dispersion modeling 
based upon the most recent three years of actual emissions or based on 
permitted allowable emissions should show attainment of the 2010 
SO2 NAAQS. In the Anne Arundel-Baltimore County Area, the 
nearest certified ambient monitors to the primary SO2 
sources are over 15 kilometers (km) from Brandon Shores and Wagner and 
approximately 9 km from Crane, and neither monitor is close to the 
expected area of SO2 peak concentrations resulting from 
these sources. Similar to the original designation modeling, a more 
current characterization of emissions using a regulatory dispersion 
model provides the necessary estimation of source concentrations near 
the primary SO2 sources identified in the Anne Arundel-
Baltimore County Area.

A. EPA's Analysis of Recent SO2 Monitoring for the Anne 
Arundel-Baltimore County Area

    EPA's 2014 SO2 Nonattainment Area Guidance states that 
ambient monitoring data in support of a CDD should comport with EPA's 
``SO2 NAAQS Designations Source-Oriented Monitoring 
Technical Assistance

[[Page 51009]]

Document'' (SO2 Monitoring TAD).\10\ The SO2 
Monitoring TAD was provided by EPA to assist states in siting monitors 
to characterize ambient air quality impacted by significant 
SO2 sources, with the goal of identifying peak 
SO2 concentrations attributable to those sources. For a CDD, 
EPA must determine whether the Area has attained the NAAQS based upon a 
showing that the three most recent years of ambient monitoring data 
show attainment, along with ``additional information'' as necessary to 
determine the area is in attainment. The State and Local Air Monitoring 
Stations (SLAMS) network (and any other industrial or special purpose 
monitors used for this purpose) must meet applicable criteria in 40 CFR 
part 58, appendices A, C, and E and report their data to the Air 
Quality Subsystem (AQS).
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    \10\ ``SO2 NAAQS Designations Source-Oriented 
Monitoring Technical Assistance Document,'' EPA
    Office of Air and Radiation Office of Air Quality Planning and 
Standards Air Quality Assessment Division (February 2016, DRAFT).
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    There are two SO2 monitors in the Anne Arundel-Baltimore 
County Area. The Essex Monitor, a SLAMS monitor, has not had any 1-hour 
SO2 design values exceeding the 1-hour SO2 NAAQS 
over the last decade.\11\ The Essex Monitor therefore does not show a 
violation of the NAAQS, with a design concentration higher than 75 ppb 
not recorded since the period 2007 through 2009. Since then, this 
monitor has a complete record showing no design values exceeding the 
NAAQS. Though the Essex Monitor does not show a violation of the NAAQS, 
it is not sited in the area of peak modeled values for the Area. Table 
1 in this document shows the 99th percentile daily maximum 1-hour 
SO2 concentrations from 2014 through 2021 at this monitor, 
along with the calculated design values for each 3-year period and the 
number of hourly SO2 concentrations above 75 ppb.
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    \11\ The Essex Monitor is a State and Local Air Monitoring 
Station (or SLAMS). The design concentration for the Essex Monitor 
for the three-year period (2018-2020) is 9 ppb and the 2019-2021 
design concentration is 7 ppb, far under the 2010 SO2 
NAAQS.

             Table 1--2014-2021 Essex Monitor SO2 Values for the Anne Arundel-Baltimore County Area
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                                                       99th                          Number of
                                                    Percentile                      hourly SO2
                      Year                         daily 1-hour    Design value    values above   Valid  monitor
                                                   maximum value       (ppb)        75 ppb  (by   days (by year)
                                                       (ppb)                           year)
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2014............................................            26.4              22               0             360
2015............................................            17.7              22               0             357
2016............................................            12.9              19               0             355
2017............................................             8.5              13               0             323
2018............................................            12.3              11               0             318
2019............................................            10.5              10               0             351
2020............................................             4.7               9               0             352
2021............................................             5.4               7               0             354
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    The Essex Monitor design value has been below the 2010 1-hr 
SO2 NAAQS since 2012, which was the first year of the 3-year 
model simulation period used to designate the area, and the Essex 
Monitor has also had no hourly SO2 values exceeding the 75 
ppb 2010 1-hour SO2 NAAQS. Over the last three years of 
available data, 2019 through 2021, the 99th percentile hourly values at 
the Essex Monitor have fallen to the 5-12 ppb range, with design values 
of approximately 10 ppb. This shows significant improvement in air 
quality since 2012 within this portion of the Anne Arundel-Baltimore 
County Area.
    The other monitor in the area is the special purpose Riviera Beach 
Monitor located in northern Anne Arundel County near the Fort Smallwood 
Complex. This monitor has a current design value well below the 2010 
SO2 NAAQS, but the monitor's design value data is 
incomplete.\12\ Though only in operation since January 2018, the 
Riviera Beach Special Purpose Monitor has experienced significant 
periods of invalid or missing measurements during that time and was 
discontinued in mid-2022.\13\ The Riviera Beach Monitor data is 
incomplete for 2018, 2019, and 2020, and therefore its data is invalid 
for the purpose of a CDD.\14\ The Essex Monitor's 2019-2021 1-hr 
SO2 design value is 7 ppb and Riviera Beach's 2018-2020 1-hr 
SO2 design value is 24 ppb, though the Riviera Beach design 
value is flagged as incomplete.\15\ Because the Riviera Beach Monitor 
has now been discontinued, a more recent design value is not available.
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    \12\ A special purpose monitor is defined in 40 CFR 58.20 and is 
limited to 24 months of operation. This monitor has exceeded the 
operations limits under the special purpose definition because it 
operated past January 18, 2020. The 2018-20 design concentration for 
the Riviera Beach Monitor is 24 ppb, well below the 75 ppb 2010 
SO2 NAAQS.
    \13\ See Maryland Department of the Environment Ambient Air 
Monitoring Network Plan
    for Calendar Year 2022 (https://mde.maryland.gov/programs/Air/AirQualityMonitoring/Pages/Network.aspx).
    \14\ From MDE's 2022 Ambient Air Monitoring Network Plan (page 
15) concerning this monitor: ``[I]n 2016, the EPA designated 
portions of Anne Arundel County and Baltimore County as non-
attainment for the 2010 1-hour SO2 NAAQS. This 
designation was based on modeled, not monitored, SO2 
concentrations. In order to better evaluate actual ambient 
SO2 concentrations, a source oriented SO2 
monitor was established at Riviera Beach Elementary School as a 
Special Purpose Monitor on January 12, 2018.''
    \15\ See 40 CFR part 50, Appendix T, section 3(b) for monitoring 
data completeness criteria for design value determination for the 
SO2 NAAQS.
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    The technical support document (TSD) prepared by EPA for this 
action contains an analysis of historical 1-hour monitored 
SO2 concentrations at the Essex Monitor for the period 2009-
2021 and the Riviera Beach Monitor for the period between 2018-2021. 
The Essex Monitor is shown to have marked reductions in peak 1-hour 
SO2 concentrations over time. The Riviera Beach Monitor, 
which has data over a much smaller time period and significant gaps in 
data collection, nevertheless had a peak hourly monitored 1-hour value 
of 63.9 ppb in 2018, and no peak values over 50 ppb since that time.
    One potential explanation for recent decreases in the monitored 
hourly SO2 concentrations in the Anne Arundel-Baltimore 
County Area is that the operations of the coal-fired EGUs in the Area 
are very different now than at the time of EPA's nonattainment 
designation. Under a consent order between Raven Power and MDE, one of 
the area's primary SO2 emission sources (Wagner Unit #2) was 
permanently

[[Page 51010]]

required to cease burning coal and switched to natural gas as of July 
1, 2020.\16\ In addition, under that same consent order, the remaining 
coal-fired sources at Brandon Shores and Wagner have operated much less 
frequently than when EPA designated the Area as nonattainment in 2016. 
This may explain why there have been no recent exceedances of the 2010 
1-hour SO2 NAAQS at the Riviera Beach Monitor.
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    \16\ See Consent Order between Raven Power Fort Smallwood LLC 
and the Maryland Department of the Environment regarding emissions 
at the Fort Smallwood electric generating complex, entered December 
4, 2019, (Appendix B-1 of Maryland's January 31, 2020 SIP revision).
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B. Overview of EPA Modeling Analysis for the Anne Arundel-Baltimore 
County Area

    EPA's SO2 Modeling TAD outlines modeling approaches for 
SO2 NAAQS attainment status designations to assist state, 
local, and tribal air agencies in the characterization of ambient air 
quality in areas with significant SO2 emission sources.\17\ 
EPA's SO2 Modeling TAD outlines recommended modeling 
approaches and provides recommendations on several aspects of 
dispersion modeling in this context, including the use of temporally 
varying actual emissions, source characterization, meteorological data, 
model selection, and background concentrations. Consistent with the 
approach set forth in the SO2 Modeling TAD, EPA conducted a 
dispersion modeling analysis for the Anne Arundel-Baltimore County 
nonattainment area to show the impact on air quality of all large 
SO2 emissions sources. For this Area, the primary sources of 
SO2 emissions include three coal-fired EGUs located in the 
nonattainment area--Brandon Shores, C.P. Crane, and H.A. Wagner 
electric generating facilities. Brandon Shores and Wagner are located 
adjacent to one another in northern Anne Arundel County, residing 
within the Fort Smallwood Complex. The Crane facility is located 
approximately 22 kilometers northeast of Brandon Shores and Wagner in 
Baltimore County. The only other significant source of SO2 
emissions in the Area is the Wheelabrator-Baltimore facility, which is 
a waste-to-energy facility that combusts up to 2,250 tons per day of 
post-recycled waste to generate electricity and steam. Wheelabrator-
Baltimore is located in the City of Baltimore, approximately 13 
kilometers northwest of the Brandon Shores and Wagner facilities. EPA 
modeled Wheelabrator using its allowable permitted emission limit for 
SO2 rather than actual emissions. The allowable permitted 
emission limit was much higher than actual emissions, based on annual 
reported emissions.
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    \17\ ``SO2 NAAQS Designations Modeling Technical 
Assistance Document,'' U.S. EPA Office of Air and Radiation Office 
of Air Quality Planning and Standards Air Quality Assessment 
Division (August 2016, DRAFT).
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    EPA's modeled actual emissions from these sources for the Area for 
the period between 2019-2021 (with the exception of Wheelabrator-
Baltimore, for which we relied on allowable permitted emissions). Our 
review shows that recent actual, annual SO2 emissions are 
much lower compared to the emissions for the time periods used for the 
initial nonattainment designation (i.e., 2012-2014 and 2013-2015 actual 
emissions). As a result of the closure of Crane's coal units by June 
2018, there were no emissions from those units to include in this 
analysis. The conversion of Wagner Unit 2 from coal to natural gas in 
2020, and the installation of a dry sorbent injection emission control 
for SO2 on Wagner Unit 3 in 2018, also contributed to 
significant emission reductions in the Area over the last five years. 
Both coal units at Brandon Shores have flue gas desulfurization (FGD) 
SO2 emissions controls. The remaining Fort Smallwood Complex 
coal units have also reduced their total annual operating hours, 
directly contributing to reductions in annual SO2 emissions 
over the last five years, under enforceable consent orders between the 
source owners and the MDE, establishing reduced emission limits and 
allowable hours of operation. The decline in actual SO2 
emissions from these sources between the time of designation of the 
Area as nonattainment (based on the period 2012-2014) and the most 
recent 3-year period on which EPA is evaluating the Area for a clean 
data determination (2019-2021) can be found in Table 2 in this 
document. Emissions from the EGU sources presented in Table 2 in this 
document are as reported to EPA's CAMD (Clean Air Markets Division), 
while those for the non-EGU Wheelabrator were provided to EPA by MDE.

               Table 2--Annual Emissions From Major Stationary SO2 Sources in the Anne Arundel-Baltimore Nonattainment Area for 2012-2021
                                                                 [Tons of SO2 per Year]
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                                                            Brandon Shores                  H.A. Wagner                   C.P. Crane
                          Year                           --------------------------------------------------------------------------------  Wheelabrator-
                                                           Unit 1    Unit 2    Unit 1    Unit 2    Unit 3    Unit 4    Unit 1    Unit 2      Baltimore
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2012....................................................     1,547     1,301       0.2     2,513     4,964      41.1     1,214       962             194
2013....................................................     1,389     1,482       0.2     1,555     8,557      72.7       719     2,143             321
2014....................................................     1,670     1,475      72.6     1,940     7,277       323       574     1,316             310
2015....................................................     1,311     1,643      65.0     1,188     8,754       185       382       946             (*)
2016....................................................     1,450     1,270      26.5       163     7,575      74.8       412       638             259
2017....................................................     1,098     1,418       2.5       117     1,245      60.8       379       449             308
2018....................................................     1,747     1,785       6.1       230     2,733       197       392       475             346
2019....................................................       547       954      15.3      88.8     1,124      39.9         0         0             329
2020....................................................       420       267         0         0       605      13.5         0         0             (*)
2021....................................................       759       720       5.7         0       645      17.4         0         0             (*)
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\*\ Wheelabrator-Baltimore state-reported emissions for 2015 were not available. Annual emissions for Wheelabrator for 2020 and 2021 were not yet
  available at the time of EPA's clean data determination analysis.

    Based on the source-specific annual SO2 emissions in 
Table 2 in this document, emissions from Brandon Shores have been 
reduced by about 70 percent between the designation and CDD modeling 
periods, while emissions from Wagner have been reduced by about 90 
percent during that same period. Emissions from Crane have been 
entirely eliminated in the time between the designation and more recent 
CDD modeling periods, while actual

[[Page 51011]]

emissions from Wheelabrator during that same period have remained 
relatively unchanged. For further information on actual hourly emission 
rate historic data, refer to Appendix B of EPA's TSD for hourly 
emissions values for the large EGUs in the Area.
    EPA's modeling analysis modeled the emissions impacts from the 
Wagner, Brandon Shores, and Wheelabrator facilities described above in 
the Anne Arundel-Baltimore County Area. EPA used actual 2019-2021 
hourly SO2 emissions from EGUs in the Area, as measured by 
continuous emissions monitor (CEM) data and used permitted allowable 
emissions for the non-EGU source, Wheelabrator-Baltimore. EPA's 
analysis uses the American Meteorological Society/Environmental 
Protection Agency Regulatory Model (AERMOD), with pre-processing input 
data from EPA's Regulatory Model Terrain Pre-processor (AERMAP) and 
EPA's AERMOD Meteorological Preprocessor (AERMET) models. AERMOD is a 
steady-state plume model that incorporates air dispersion based on 
planetary boundary layer (PBL) turbulence structure and scaling 
concepts, including treatment of both surface and elevated sources, and 
both simple and complex terrain. AERMAP is a stand-alone terrain pre-
processor, which is used to both characterize terrain and generate 
receptor grids for use in AERMOD. AERMET is a stand-alone program which 
provides AERMOD with the information it needs to characterize the state 
of the surface and mixed layer, and the vertical structure of the PBL. 
EPA's modeling comports with EPA's SO2 Modeling TAD, with 
additional guidance provided by EPA's AERMOD Implementation Guide along 
with appropriate sections of Appendix W and AERMOD, AERMAP, and AERMET 
user guides.
    EPA developed its receptor grid modeling protocol on a modeling 
protocol developed by MDE for use in their attainment planning 
modeling. For purposes of a CDD, EPA refined Maryland's original 
receptor grid. Maryland's original model receptor grid placed nested 
Cartesian grids centered on the Fort Smallwood Complex (Brandon Shores 
and Wagner) and Crane and spaced: every 25 meters along the ambient 
boundary; every 100 meters out to a distance of 15 km; and every 500 
meters between 15 and 25 km. EPA's final model receptor grid included 
all of the Maryland SIP modeling protocol-based receptors within 10 km 
of the Crane and Fort Smallwood EGUs and within 5 km of the 
Wheelabrator-Baltimore facility. However, EPA limited the model 
receptor grid to areas nearby to the primary coal-fired EGUs based on 
modeling done in support of our original designation action for the 
Anne Arundel-Baltimore 2010 SO2 NAAQS nonattainment area. 
That designation modeling showed peak model SO2 
concentrations were confined to within a few kilometers of the coal-
fired EGUs at the Fort Smallwood complex. The final CDD model grid 
(after filtering and pre-processing for use in AERMAP) is composed of 
56,883 model receptors. Supplemental model receptor grids were based on 
those of MDE's modeling protocol, covering the areas within the 
boundaries of the Crane and the Fort Smallwood facilities. EPA's 
selected modeling domain for the CDD analysis captures the maximum 
modeled concentration from the primary emission sources in the 
nonattainment area, per the Appendix W modeling guidance. For further 
information on the receptor grid utilized for EPA's modeling analysis, 
refer to the AERMAP/Model Receptor Development section of EPA's TSD 
prepared in support of this action.
    Meteorological data utilized in the modeling analysis was developed 
using EPA's AERMET (version 22112) preprocessor. AERMET processes three 
types of data: (1) hourly surface observations that are typically, but 
not exclusively, collected at airports by the National Weather Service 
(NWS) and/or the Federal Aviation Administration (FAA); (2) twice-daily 
upper air soundings collected by the NWS; and (3) data collected from 
an on-site or site-specific measurement program or prognostic 
meteorological data. Surface meteorological measurements for the Area 
were taken from the Baltimore-Washington International Airport (BWI) 
Automated Surface Observing Systems (ASOS) Monitor. Upper air soundings 
were taken from the Sterling, Virginia site near Dulles Airport in 
Virginia just west of Washington, DC. These are the closest available 
sites to the primary SO2 sources in the Anne Arundel-
Baltimore County Area. EPA's analysis indicates the meteorological 
collection sites and the modeled SO2 emissions sources have 
similar elevations and topographical settings.
    In accordance with EPA's SO2 Modeling TAD, EPA's 
modeling analysis uses surface meteorological data from BWI and upper-
air measurements from Dulles Airport for the 2019-2021 period. Local 
input information for the Area was used to analyze surface conditions 
using EPA's AERSURFACE tool for AERMET meteorological pre-processor 
model for input to AERMOD. AERSURFACE is a tool that processes land 
cover data to determine the surface characteristics for use in AERMET 
for processing for use in AERMOD.
    AERMOD currently cannot simulate dispersion under calm or missing 
wind conditions. To reduce the number of calms and missing winds in the 
surface data, EPA used the AERMINUTE tool to more accurately translate 
1-minute ASOS wind data to generate hourly average wind data for input 
to AERMET.
    Section 8.3 of EPA's Guideline on Air Quality Models provides 
additional discussion on background monitoring concentrations for air 
quality analyses. Additional guidance points regarding the 
determination of background concentrations for the 1-hr SO2 
NAAQS are outlined in EPA's March 1, 2011, 1-hour NO2 
clarification memo.\18\ It includes a procedure to use temporally 
varying background concentrations. Background concentrations are 
essential in constructing the design concentration, or total air 
quality concentration, as part of any NAAQS analysis. EPA utilized a 
seasonal by hour of day background concentration derived from 2019-2021 
monitoring data collected at the Essex, MD SO2 Monitor (Site 
# 24-005-3001), as described in EPA's March 1, 2011, 1-hour 
NO2 clarification memo. The Essex Monitor is located in 
Baltimore County, within the Anne Arundel-Baltimore County Area, 
approximately 16 km north of the Fort Smallwood Complex and 10 km west 
of Crane. EPA believes the Essex Monitor, since it is actually in the 
Anne Arundel-Baltimore County Area, provides a representative 
background concentration for its CDD modeling analysis. Given the 
monitor's most recent 1-hr SO2 design value (7 ppb), the 
impacts of these sources are probably small and would provide a 
conservative estimate of background concentrations for EPA's CDD 
modeling analysis. The Essex Monitor is likely also impacted by the 
major SO2 emission sources in the Area.
---------------------------------------------------------------------------

    \18\ See EPA's ``Additional Clarification Regarding Application 
of Appendix W Modeling Guidance for the 1-hour N02 National Ambient 
Air Quality Standard'' memo from Tyler Fox to Regional Air Division 
Directors, dated March 1, 2011.
---------------------------------------------------------------------------

    EPA modeled hourly emissions over a 3-year period between 2019 
through 2021. Choice of this time period excluded emissions from both 
coal-fired units at Crane, which ceased burning coal in June 2018. 
Selection of these years simplified the process of obtaining source 
emissions data and stack information since only Brandon Shores, Wagner 
and Wheelabrator-Baltimore

[[Page 51012]]

operated over the timeframe of EPA's CDD analysis.
    To capture the CDD model impacts, the physical stack parameters and 
hourly, actual SO2 emission rates must be properly 
constructed. The CDD modeling analysis utilized stack (and building) 
information and is described in detail in the Building Downwash and 
Stack Good Engineering Practice (GEP) section of the TSD prepared by 
EPA in support of this action.
1. Results of EPA's Air Quality Modeling Analysis
    EPA's CDD modeling utilized meteorological data, actual and 
allowable hourly SO2 emissions, and corresponding hourly 
stack velocities and stack temperatures to simulate SO2 
concentrations over portions of the Anne Arundel-Baltimore County Area. 
This modeling analysis shows that the Area is not violating the 1-hour 
SO2 NAAQS based on actual and allowable SO2 
emissions from sources within or near the area. No air quality monitor 
within the Area (which was designated in Round 2 of EPA's designations 
under the 2010 SO2 NAAQS) is currently violating the 1-hr 
SO2 NAAQS, although we recognize that the current SLAMS 
monitor in Essex, MD is not located at the point of peak modeled values 
used by EPA for area designation.
    EPA's modeling analysis (based on 2019-2021 SO2 
emissions) showed a peak design value (i.e., the 3-year average of the 
99th percentile daily maximum 1-hour concentrations, or the 99th 
percentile concentrations) of 53.1 ppb. Table 3 in this document 
summarizes the peak model receptor design value and the 99th percentile 
model concentrations that contributed to that receptor's modeled design 
concentration.

 Table 3--Summary of 2019-2021 Peak Modeled Receptor 1-Hour SO2 Design Values and 99th Percentile Values for the Anne Arundel-Baltimore County, MD Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Year 1                                 Year 2                                 Year 3
                                    --------------------------------------------------------------------------------------------------------------------
        Design value  (ppb)                                     SO2 99th                               SO2 99th                               SO2 99th
                                         Date       Hour of    percentile       Date       Hour of    percentile       Date       Hour of    percentile
                                                      day         (ppb)                      day         (ppb)                      day         (ppb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
53.1...............................   10-02-2019         14          69.3     7-27-2020         12          52.3     1-20-2021         09          37.9
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This modeled value is approximately 71 percent of the level of the 
75 ppb 2010 SO2 NAAQS. The peak model design value occurred 
about one km east of the Fort Smallwood Complex, near the southern 
shoreline of the Patapsco River east of the Fort Smallwood Complex. We 
note that the 99th percentile values declined over the 3-year modeled 
period. This trend is similar to the trends observed at the Riviera 
Beach Monitor, which is the closest SO2 monitor to the 
location of the peak model receptor.
    Our analysis shows the remaining coal-fired units within the Fort 
Smallwood Complex (i.e., Brandon Shores Units 1 and 2 and Wagner Unit 
3) are the primary contributors to the peak model design value, 
combining to contributing over 94 percent of the peak receptor's 
modeled 1-hour SO2 design concentration. However, FGD 
emission controls have been installed on the coal-fired units at 
Brandon Shores and dry sorbent injection was installed on Wagner Unit 3 
in 2018. Wagner Unit 2 remains operational but since 2021 is fired with 
natural gas and is no longer a significant source of SO2 
emissions. Wagner Units 1 and 4 are now fired with natural gas or oil 
and are less significant SO2 emitters compared to the 
remaining coal-fired units. Though the 2019 design value is higher than 
those in 2020 and 2021, the additional emissions controls on EGUs in 
the Area and tighter emissions limits and annual operating hours 
limitations imposed by the consent decree likely contribute to lower 
design values in more recent years.

C. Conclusion of EPA's Modeling and Monitoring Analysis

    EPA conducted a modeling analysis using three years of actual and 
allowable SO2 source emissions coupled with representative 
meteorological data for use in modeling. Hourly SO2 
emissions from the sources that were included in Maryland's SIP were 
constructed along with corresponding stack velocities and temperatures. 
This primary emissions source information was processed for inclusion 
in EPA's AERMOD air-dispersion model to estimate 1-hour SO2 
design values within the Anne Arundel-Baltimore County, MD 
nonattainment area.
    Final peak model concentrations from EPA's modeling analysis were 
53.1 ppb, occuring over the Patapsco River east of the Fort Smallwood 
Complex. Large SO2 emission sources, including coal fired 
units at Brandon Shores and Wagner, are the largest contributors to the 
peak modeled SO2 design concentration in our modeling 
analysis. EPA also gauged impacts from other nearby sources to the 
primary sources. Modeled design concentrations in these nearby areas 
were much lower that the peak modeled design concentrations found in 
the main modeling domain.
    Ambient air monitoring of the area does not show any violations of 
the NAAQS based on the most recently available data for the period 
between 2019-2021, though the area of modeled peak concentration is at 
a location other than the monitor locations. Recent trend data has 
shown both declining emissions and declining monitor 99th percentile 
and peak 1-hour monitor values. Based on this available monitoring data 
and the accompanying modeling analysis, we have demonstrated that the 
Anne Arundel-Baltimore County Area is attaining the 2010 1-hour 
SO2 NAAQS, based on actual meteorology and emissions during 
the 2019-2021 time period. As a result, we have shown that the Anne 
Arundel-Baltimore County Area for the 2010 SO2 NAAQS meets 
EPA criteria for the area to qualify for a CDD.

D. EPA Review of Select Anne Arundel-Baltimore County Area Attainment 
Plan Elements From Maryland's January 31, 2020 SO2 SIP 
Revision Request

    In the event EPA issues a final CDD, certain nonattainment planning 
requirements under CAA section 172(c) are still required for the Area. 
Specifically, these elements include an emissions inventory (EI), 
required by CAA section 172(c)(3), and a nonattainment new source 
review (NNSR) program required by CAA section 172(c)(5). Maryland 
submitted these required attainment plan elements to EPA as part of its 
attainment plan SIP revision dated January 31, 2020.
1. Maryland's Base Year Emissions Inventory for the Anne Arundel-
Baltimore County Area
    EPA's 2014 SO2 Nonattainment Guidance describes the 
statutory elements comprising an SO2 attainment

[[Page 51013]]

plan. These requirements include submission of a comprehensive, 
accurate and current base year emissions inventory of all sources of 
SO2 within the nonattainment area, per CAA section 
172(c)(3).\19\ EPA's 2014 SO2 Nonattainment Guidance 
requires that the base year emissions inventory should be consistent 
with the Air Emissions Reporting Requirements (AERR) at Subpart A to 40 
CFR part 51.\20\ This base year inventory can be represented by a year 
that contributed to the three-year design value used for the original 
nonattainment designation and should include all sources of 
SO2 in the nonattainment area and any sources located 
outside the nonattainment area which may affect attainment in the area.
---------------------------------------------------------------------------

    \19\ See ``Guidance for 1-Hour SO2 Nonattainment Area 
SIP Submissions'' (April 23, 2014).
    \20\ The AERR at Subpart A to 40 CFR part 51 cover overarching 
Federal reporting requirements for the states to submit emissions 
inventories for criteria pollutants to EPA's Emissions Inventory 
System. EPA uses these submittals, along with other data sources, to 
build the National Emissions Inventory.
    \21\ See pp. 46-47 of EPA's ``Guidance for 1[hyphen]Hour 
SO2 Nonattainment Area SIP Submissions,'' dated April 23, 
2014.
    \22\ MDE issued a title V permit for Raven Power's Brandon 
Shores and Wagner generating stations (which MDE considers a single 
source for title V and NSR purposes). The Title V permit is 
available at MDE's website, at: https://mde.maryland.gov/programs/permits/AirManagementPermits/Test/Raven%20Power%20Ft.%20Smallwood,%20LLC.pdf. EPA does not intend to 
add the Title V permit to the SIP but is referencing it here for 
purposes of showing declining emissions.
    \23\ See Consent Order between Raven Power Fort Smallwood LLC 
and the Maryland Department of the Environment relating to 
operations at the Herbert A. Wagner electric generating station, as 
it relates to regional haze formation, entered June 24, 2021. The 
consent order is available for review in the docket for this action.
---------------------------------------------------------------------------

    Maryland selected 2014 for the base year emission inventory for the 
Area, which is appropriate because the nonattainment designation of the 
Area was based on data from 2013-2015. Actual emissions from all the 
sources of SO2 in the Anne Arundel-Baltimore County Area 
were reviewed and compiled for the base year emissions inventory 
requirement. Maryland's 2014 base year SO2 emission 
inventory meets the requirements of CAA section 172(c)(3) and comports 
with EPA's 2014 SO2 SIP Guidance.\21\ Maryland's 2014 base 
year SO2 emissions inventory for the Area, by emission 
source category, is contained in Table 4 in this document.

  Table 4--2014 SO2 Emission Base Year Inventory for the Anne Arundel-
                          Baltimore County Area
------------------------------------------------------------------------
                                                           SO2 annual
              Emissions source category                 emissions (tons
                                                           per year)
------------------------------------------------------------------------
Stationary Point (and Quasi-point) Sources...........          14,797.46
Area Sources.........................................             960.59
Onroad Mobile Sources................................              96.55
Nonroad Mobile Sources...............................             238.71
                                                      ------------------
    Total............................................          16,093.31
------------------------------------------------------------------------

    In the 2014 base year, point source emissions accounted for 91 
percent of all SO2 emissions in the Area. The primary 
SO2 point sources were the Brandon Shores, Wagner, and Crane 
EGUs, and to a lesser extent the Wheelabrator Baltimore waste-to-energy 
incinerator. Table 5 in this document shows the 2014 SO2 
emissions of point source facilities in the Area that reported annual 
emissions of greater than six tons. As noted previously, emissions for 
all of these sources have declined dramatically since 2014, with 
additional limits enacted for Wagner and Brandon Shores through more 
recent 40 CFR part 70 permits, as well as more stringent emission 
limits and operational restrictions placed upon those facilities 
through consent orders between MDE and the facility owners, as 
described in more detail in sections B and C, in this document.\22\ 
Further, the Crane facility ceased operation in 2018, Wagner's coal-
fired Unit 2 ceased coal combustion in June 2020, and the remaining 
Wagner coal-fired unit (Unit 3) is to cease coal combustion by January 
1, 2026.\23\

 Table 5--Point Source Contribution to the 2014 SO2 Base Year Emissions
   Inventory for the Anne Arundel-Baltimore County Nonattainment Area
------------------------------------------------------------------------
                                                        2014 SO2 annual
                       Facility                         emissions (tons
                                                           per year)
------------------------------------------------------------------------
Brandon Shores.......................................           3,145.09
Wagner...............................................           9,610.26
C.P. Crane...........................................           1,887.16
All Other Point Sources Combined.....................              33.26
                                                      ------------------
    Total Point Source Emissions.....................          14,675.76
------------------------------------------------------------------------
EPA has evaluated Maryland's 2014 base year emissions inventory for the
  Anne Arundel-Baltimore County Area and has determined that it was
  developed in a manner consistent with CAA section 172(c)(3) and with
  applicable EPA guidance.


[[Page 51014]]

2. Maryland's New Source Review Program
    Section 172(c)(5) of the CAA establishes an attainment plan element 
requirement that the state have in place a permitting program for the 
construction and operation of new or modified major stationary sources 
in a nonattainment area, in accordance with section 173 of the CAA.\24\ 
Maryland has a fully implemented nonattainment new source review (NNSR) 
program under the Code of Maryland Regulations (COMAR), COMAR 26.11.17 
``Nonattainment Provisions for Major New Sources and Major 
Modifications,'' addressing the criteria pollutants. EPA has approved 
this chapter into the Maryland SIP (77 FR 45949, August 2, 2012; as 
updated by 80 FR 39969, July 13, 2015).
---------------------------------------------------------------------------

    \24\ The CAA NSR program is composed of three separate programs: 
Prevention of significant deterioration (PSD), NNSR, and Minor NSR. 
PSD is established in part C of title I of the CAA and applies in 
undesignated areas and in areas that meet the NAAQS--designated 
``attainment areas''--as well as areas where there is insufficient 
information to determine if the area meets the NAAQS--designated 
``unclassifiable areas.'' The NNSR program is established in part D 
of title I of the CAA and applies in areas that are not in 
attainment of the NAAQS--designated ``nonattainment areas.'' The 
Minor NSR program addresses construction or modification activities 
that do not qualify as ``major'' and applies regardless of the 
designation of the area in which a source is located. Together, 
these programs are referred to as the NSR programs. Section 173 of 
the CAA lays out the NNSR program for preconstruction review of new 
major sources or major modifications to existing sources, as 
required by CAA section 172(c)(5). The programmatic elements for 
NNSR include, among other things, compliance with the lowest 
achievable emissions rate and the requirement to obtain emissions 
offsets.
---------------------------------------------------------------------------

    Maryland's NNSR program meets the SO2 applicable 
requirements of CAA section 173 as COMAR 26.11.17 applies to any new or 
modified major stationary source in an area that has been designated 
``nonattainment'' under CAA section 107(d)(1)(A)(i).\25\ The SIP-
approved NNSR program covers the Anne Arundel-Baltimore County 
SO2 Area and includes SO2 as a ``regulated NSR 
pollutant.'' \26\
---------------------------------------------------------------------------

    \25\ See COMAR 26.11.17.02A(3).
    \26\ See COMAR 26.11.17.01B(24).
---------------------------------------------------------------------------

    Maryland's NNSR program rule, as codified at COMAR 26.11.17, 
defines ``major stationary source'' as ``any stationary source of air 
pollution which emits or has the potential to emit 100 tons or more of 
any regulated NSR pollutant,'' which by definition includes 
SO2.\27\ A ``significant'' net increase in SO2 
emissions is defined as 40 tons per year. ``Best Available Control 
Technology'' is defined as an emissions limitation ``based on the 
maximum degree of [emissions] reduction for each regulated NSR 
pollutant which would be emitted from any proposed major stationary 
source or major modification.'' All permits and approvals required by 
Maryland's NNSR permitting program, under COMAR 26.11, must be obtained 
before construction or modification of a subject emissions source.\28\
---------------------------------------------------------------------------

    \27\ See COMAR 26.11.17.01B(17).
    \28\ See COMAR 26.11.17.03A.
---------------------------------------------------------------------------

    EPA has reviewed Maryland's NNSR program and determined that its 
SIP-approved NNSR program under COMAR 26.11 meets the requirements for 
NSR under CAA sections 172(c)(5) and 173 and 40 CFR 51.165 for 
SO2 sources undergoing construction or major modification in 
the Anne Arundel-Baltimore County Area without need for modification of 
the SIP-approved NNSR program. Therefore, EPA concludes that the 
Maryland SIP meets the NNSR requirements of CAA section 172(c)(5) 
applicable to attainment plan requirements for the Area.
3. Maryland Limits on Stationary SO2 Sources
    Although EPA is not taking action upon Maryland's attainment 
demonstration submitted as part of the January 31, 2020 attainment 
plan, EPA has reviewed Maryland's submitted emission limits and 
emissions control requirements for large SO2 sources in the 
Area. EPA proposes to add to the Maryland SIP as a SIP strengthening 
measure a consent order between MDE and Raven Power Fort Smallwood LLC 
and a consent order between MDE and C.P. Crane LLC that require 
enforceable SO2 limits and operational limitations at the 
Fort Smallwood Complex and at the Crane facility.\29\
---------------------------------------------------------------------------

    \29\ See Appendix B of Maryland's January 30, 2020 attainment 
plan SIP revision request to EPA. Specifically, Appendix B1--Consent 
Order--Brandon Shores and Wagner Generating Stations, dated December 
4, 2019; and Appendix B-2: Consent Order--C.P. Crane Generating 
Station, dated October 9, 2019.
---------------------------------------------------------------------------

    These consent orders establish SO2 emission limits for 
these facilities (beginning in January 2019 and additional limits 
beginning in 2021), as summarized herein. Effective October 2019, Crane 
Units 1 and 2 are limited to combined SO2 emissions of 2,900 
pounds per hour (lbs/hr SO2). Beginning January 2021, 
Brandon Shores Units 1 and 2 and Wagner Unit 3 combined (whether 
operating individually or in tandem) are limited to 3,860 lb/hr 
SO2, on a 30-day rolling average basis. Beginning January 
2021, Brandon Shores Units 1 and 2 (operating either individually or in 
tandem) shall not exceed a cumulative total of 435 hours per calendar 
year when the applicable units are operating at a combined 
SO2 emissions rate greater than 2,851 pounds per hour. 
Beginning January 2021, Brandon Shores Units 1 and 2 cannot exceed 
9,980 lbs/hr SO2, on a 3-hour rolling average basis. 
Beginning January 2021, Brandon Shores Units 1 and 2 combined are 
limited to three hours per calendar year with combined emissions 
greater than 5,150 lbs/hr SO2 (on a 1-hour average basis) 
when Wagner Unit 3 is not operating; and are limited to 435 hours per 
calendar year of combined emissions greater than 2,851 lbs/hr 
SO2 when Wagner Unit 3 is also operating.
    Wagner Unit 3 alone cannot emit more than 3,289 lbs/hr 
SO2 (on a 1-hour averaging basis); is limited to emitting 
1,904 lbs/hr SO2 (on a 30-day rolling average); and is 
limited to 336 hours per calendar year of emissions greater than 2,299 
lbs/hr SO2 (on a 1-hour averaging basis).
    Beginning January 2021, Wagner Unit 1 alone shall not emit more 
than 480 lbs/hour SO2 (on a 1-hour averaging basis); and is 
limited to operating 438 hours per calendar year burning fuel oil. 
Beginning January 2021, at all times when operating, Wagner Unit 3 
shall not exceed 1,904 lbs/hr SO2 (as measured on a 30-day 
rolling average); and Unit 3 shall not exceed a maximum rate of 3,289 
lbs/hr SO2 at all times when operating (on a 1-hour average 
basis). Beginning January 2021, at all times when operating, Wagner 
Unit 3 shall not exceed a cumulative total operation of 336 hours per 
calendar year when the Unit's SO2 emissions rate is greater 
than 2,299 lbs/hr SO2 (on a one-hour average basis). 
Beginning January 2021, Wagner Unit 4 alone cannot emit more than 1,350 
lbs/hr SO2 (on a 1-hour average basis); and is limited to 
operating 438 hours per calendar year using fuel oil--though both Units 
1 and 4 can operate additional hours each year using natural gas. By 
July 2020, Wagner Unit 2 was required to cease operation or to convert 
from burning coal to burning natural gas. Annual Emissions reported to 
EPA's Clean Air Markets Division (CAMD) database and to MDE for the 
Crane facility dropped to zero for 2019-2021.
    By incorporating these consent decrees between MDE and Raven Power 
into the Maryland SIP, EPA is strengthening the SIP and making these 
additional permitted limits and operating conditions federally 
enforceable.

IV. Proposed Action

    EPA is proposing to issue a CDD for the Anne Arundel-Baltimore 
County Area. Finalizing this CDD would

[[Page 51015]]

suspend the requirements for Maryland to submit an attainment 
demonstration and certain other associated nonattainment planning 
requirements for so long as the Anne Arundel-Baltimore County 
nonattainment area continues to attain the 2010 SO2 NAAQS 
and would suspend EPA's obligation to promulgate a FIP associated with 
the FFS issued on September 20, 2019. This proposed action is 
consistent with EPA's long-held interpretation of CAA requirements.
    Finalizing this action would not constitute a redesignation of the 
Anne Arundel-Baltimore County nonattainment area to attainment of the 
2010 SO2 NAAQS under section 107(d)(3) of the CAA. The Anne 
Arundel-Baltimore County Area will remain designated nonattainment for 
the 2010 SO2 NAAQS until such time as EPA determines that 
the area meets the CAA requirements for redesignation to attainment and 
takes action to redesignate the area.
    EPA is simultaneously proposing to approve select elements of the 
SO2 attainment plan SIP revision for the Area submitted by 
Maryland to EPA on January 31, 2020. EPA is approving select elements 
of the attainment plan that would not be suspended under a final CDD--a 
base year emission inventory and a showing that the area is covered by 
an EPA-approved NNSR program. EPA has determined that Maryland's 2014 
base year emissions inventory for the Anne Arundel-Baltimore County 
Area comports with relevant EPA emissions inventory guidance, and 
therefore pursuant to section 172(c)(3), EPA proposes to approve 
Maryland's 2014 base year emissions inventory for the Area. EPA has 
also determined that Maryland's NNSR program meets applicable 
requirements for NSR under CAA section 173 for SO2 sources 
undergoing construction or major modification in the Area. EPA 
therefore proposes to approve Maryland's NNSR element of its attainment 
plan as meeting the requirements of CAA section 172(c)(5). If EPA's 
approval of these elements is finalized, EPA's obligation to promulgate 
a FIP as to those elements will be terminated.
    Finally, EPA is approving as SIP strengthening measures certain 
SO2 emission limit requirements on large SO2 
emission sources that were submitted as part of Maryland's attainment 
plan for the nonattainment area.
    EPA proposes to incorporate by reference several consent orders 
between MDE and Raven Power with the January 30, 2020 attainment plan 
as SIP strengthening measures to provide federally enforceable limits 
on the major SO2 emissions sources in the Anne Arundel-
Baltimore County Area, which are contained in Appendix B of Maryland's 
January 30, 2020 SO2 attainment plan SIP revision to 
EPA.\30\ EPA proposes to approve this portion of the Maryland's January 
2020 submitted plan as a SIP strengthening measure and these consent 
orders are available for review in the docket for this action. However, 
EPA is not proposing to approve in this action the CAA section 
172(c)(1) attainment modeling demonstration submitted as part of the 
January 30, 2020 plan revision, nor is EPA proposing to approve the 
state's submitted CAA section 172(c)(1) RACM/RACT, CAA section 
172(c)(2) RFP, CAA section 172(c)(6) emission limits necessary to 
provide for attainment, or CAA section 172(c)(9) contingency measures 
elements. As noted, EPA's obligation to promulgate a FIP as to these 
elements would be suspended by a CDD, for as long as the CDD remains in 
place.
---------------------------------------------------------------------------

    \30\ See Appendix B of the January 30, 2020 attainment plan SIP 
Revision. Specifically, Appendix B1--Consent Order--Brandon Shores 
and Wagner Generating Stations, dated December 4, 2019; and Appendix 
B-2: Consent Order--C.P. Crane Generating Station, dated October 9, 
2019.
---------------------------------------------------------------------------

    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

V. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference (as described in Section IV of this preamble) two consent 
orders between MDE and Raven Power governing SO2 emissions 
limitations and operating limitations at the Fort Smallwood Complex 
facilities and the Crane facility, as contained in Appendix B of 
Maryland's January 30, 2020 SO2 attainment plan SIP revision 
to EPA. 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).

VI. Statutory and Executive Order Reviews

    This action proposes to make a CDD for the Anne Arundel-Baltimore 
County Area for the 2010 SO2 NAAQS based on air quality data 
which would result in the suspension of the requirement to submit 
certain Federal requirements and does not impose any additional 
regulatory requirements on sources beyond those required by state law 
or existing Federal law. Moreover, 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). 
In this case, EPA is proposing approval of two elements of a larger SIP 
revision (the 2020 SO2 attainment plan) and is also 
proposing approval of two SIP-strengthening consent orders between MDE 
and the owner of two major SO2 emitting sources that tighten 
SO2 emission limits and impose specific operating conditions 
and hours. In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
this action pertaining to the approval of two elements of the SIP 
submission merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For these reasons, 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);
     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 subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a significant regulatory action as defined 
by Executive Order 12866;
     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

[[Page 51016]]

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 CDD and accompanying approval of 
selected elements of Maryland's January 30, 2020 SO2 
attainment plan do 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, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-17341 Filed 8-18-22; 8:45 am]
BILLING CODE 6560-50-P


