[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Rules and Regulations]
[Pages 66086-66091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23709]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0325; FRL-10364-02-R3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making a 
determination that the 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). Under EPA's Clean Data Policy, 
certain Clean Air Act (CAA) planning requirements are suspended for a 
nonattainment area when EPA issues a determination that air quality

[[Page 66087]]

data demonstrate that the NAAQS is being attained. EPA deems these 
suspended CAA requirements as no longer applicable for as long as air 
quality continues to meet the NAAQS. EPA is also simultaneously 
approving elements of Maryland's January 31, 2020 state implementation 
plan (SIP) revision submittal containing an attainment plan 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). The attainment plan elements EPA is approving are 
not suspended by a determination of attainment under EPA's Clean Data 
Policy, because EPA considers them independent of planning requirements 
that are designed to help the area attain the NAAQS. 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. This clean data 
determination (CDD) and partial approval of Maryland's attainment plan 
SIP revision does not constitute redesignation of the Area to 
attainment or full approval of the submitted attainment plan. This 
action is being taken under the CAA.

DATES: This final rule is effective on December 2, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2020-0325. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material or 
voluminous modeling files, are either available for download on the 
internet (as described in a docket file index) or are not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through 
www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning and 
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 mean EPA.

I. Background

    On August 19, 2022 (87 FR 51006), EPA proposed to determine that 
the Anne Arundel-Baltimore County nonattainment area is attaining the 
2010 SO2 NAAQS, based on complete, quality assured, and 
certified ambient air quality monitoring data and an EPA-prepared air 
dispersion modeling analysis of SO2 emission sources in the 
Area. This determination of attainment, also referred to as a CDD, 
suspends certain planning requirements for the nonattainment area for 
as long as the area continues to attain the 2010 SO2 NAAQS. 
EPA proposed to require the Maryland Department of Environment (MDE) to 
submit annual statements to EPA (due by July 1 of each year after the 
final CDD), to address whether the Area continues 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.
    As described in the August 19, 2022 (87 FR 51006) notice of 
proposed rulemaking (NPRM), EPA's Clean Data Policy allows for the 
suspension of CAA requirements that are specifically designed to help 
an area achieve attainment for as long as the nonattainment area 
continues to attain the NAAQS.\1\ A final CDD suspends the obligation 
to submit: attainment demonstrations, reasonably available control 
measures and reasonably available control technology (RACM/RACT) 
emission control measures, reasonable further progress (RFP) 
demonstrations, emissions limitations and control measures as necessary 
to provide for attainment, and contingency measures. All remaining CAA 
172(c) nonattainment plan provisions not suspended by a final CDD must 
still be submitted, including requirements not related to attainment 
planning such as a base year emissions inventory and nonattainment new 
source review (NNSR) requirements of the plan.
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    \1\ See section VII.C. of EPA's ``Guidance for 1-Hour 
SO2 Nonattainment Area SIP Submissions,'' dated April 
2014. See also, Memorandum from John S. Seitz, Director, Office of 
Air Quality Planning and Standards, titled, ``Reasonable Further 
Progress, Attainment Demonstration, and Related Requirements for 
Ozone Nonattainment areas Meeting the Ozone National Ambient Air 
Quality Standard,'' dated May 10, 1995.
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    While issuance by EPA of a final CDD suspends certain attainment 
planning requirements so long as the Area continues to attain the 2010 
SO2 NAAQS, a final CDD does not constitute a redesignation 
of an area to attainment of the 2010 SO2 NAAQS under section 
107(d)(3) of the CAA. After issuance of a final CDD, the area remains 
designated nonattainment for the 2010 SO2 NAAQS until the 
state formally requests redesignation of the area to attainment, EPA 
takes formal action to determine that the area meets CAA requirements 
for redesignation, and EPA approves an accompanying state-submitted 
maintenance plan that ensures the area will continue to meet the NAAQS 
for the successive 10-year period.

II. Summary of SIP Revision and EPA Analysis

    EPA's August 19, 2022 (87 FR 51006) NPRM proposed to approve into 
the Maryland SIP the base year emissions inventory and NNSR elements of 
an attainment plan submitted by the State of Maryland as a SIP revision 
request on January 30, 2022. Additionally, EPA proposed to approve into 
the Maryland SIP (as a SIP strengthening measure) two consent orders 
governing emissions limits on major SO2 sources in the Area 
that were submitted by Maryland as part of the January 30, 2020 SIP 
revision. These include a consent order between MDE and Raven Power 
Fort Smallwood LLC (governing the Wagner and Brandon Shores electric 
generating stations, both located at the Fort Smallwood Complex) and a 
consent order between MDE and C.P. Crane LLC (governing the Crane 
electric generating station).\2\ These consent orders establish 
enforceable SO2 emission limits and operational limitations 
at both the Fort Smallwood Complex and the Crane facilities.
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    \2\ See Appendix B of Maryland's January 30, 2020 attainment 
plan SIP revision request to EPA. Specifically, Appendix B-1--
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.
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    A detailed analysis of EPA's proposed decision was provided in the 
August 19, 2022 (87 FR 51006) NPRM, and its associated technical 
support documents (TSDs), and will not be restated here. The public 
comment period for this NPRM ended on September 29, 2022.

III. Response to Comments

    EPA received one citizen comment on the proposed action during the 
public comment period. That commenter was

[[Page 66088]]

generally supportive of EPA's proposed CDD and approval of selected 
Maryland attainment plan elements--specifically the base year emissions 
inventory for the Area and consent decrees between MDE and two major 
SO2 emission source owners in the Area. The commenter also 
suggested additional recommendations to EPA regarding treatment of the 
Area with respect to nonattainment designation and future planning 
efforts for the Area. EPA acknowledges these supportive comments. EPA 
is addressing the commenter's specific comment below.
    Comment: Although the commenter agrees with EPA's proposed issuance 
of a CDD and that the suspension of certain attainment plan elements 
(e.g., an attainment demonstration) is reasonable and meritorious, the 
commenter asks that ``nonattainment be upheld'' and that if Maryland 
fails in the future to submit a SIP mandated by a nonattainment 
deadline, then EPA should act expeditiously to enact a Federal 
Implementation Plan (FIP) to avoid lag of action.
    Response: A CDD is not equivalent to a redesignation to attainment 
under CAA section 107(d)(3). The CAA's requirements pertaining to 
nonattainment areas continue to apply to this Area (although some 
nonattainment planning requirements are suspended by the CDD). In order 
to be redesignated from nonattainment to attainment, the state will 
need to meet the statutory criteria for a redesignation, including the 
submission of a SIP to demonstrate that the Area will maintain the 
NAAQS for ten years following redesignation. Once this CDD is finalized 
and while it is in place, Maryland does not have an obligation to 
submit a future nonattainment planning SIP, and that suspension remains 
until the Area is redesignated to attainment (after which time such 
requirements are permanently discharged), or until EPA determines that 
the Area has re-violated the SO2 NAAQS and rescinds the CDD. 
In the event the Area re-violates the NAAQS, and EPA rescinds the CDD, 
the state's obligation to submit all required attainment plan elements 
for the nonattainment Area will be reinstated.
    EPA received no other comments, on either the determination of 
attainment or on EPA's proposed approval of selected elements of 
Maryland's January 30, 2020 attainment plan for the Area. After 
consideration of public comments received, EPA is finalizing the August 
19, 2022 (87 FR 51006) proposed finding that the Anne Arundel-Baltimore 
County Area is attaining the 2010 SO2 NAAQS. EPA is 
therefore finalizing the CDD for the Area.

IV. Final Action

    EPA is approving the CDD for the Anne Arundel-Baltimore County, 
Maryland nonattainment area, the complete description of which can be 
found at 40 CFR 81.321.\3\
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    \3\ The nonattainment area consists of ``portions of Anne 
Arundel County that are within 26.8 kilometers (16.7miles) of 
Herbert A. Wagner's Unit 3 stack, which is located at 76.52752 W. 
longitude, 39.17765 N. latitude (-76.52752, 39.17765), and portions 
of Baltimore County that are within 26.8 kilometers (16.7 miles) of 
Herbert A. Wagner's Unit 3 stack,'' at the same latitude and 
longitude. Excluded from the nonattainment area is Baltimore City--
portions of which are located within a 26.8 kilometers (16.7 miles) 
radius of the Wagner Unit 3 stack.
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    EPA's final determination suspends the requirements for an 
attainment demonstration and certain other associated nonattainment 
planning requirements for the Anne Arundel-Baltimore nonattainment area 
so long as the Area continues to attain the 2010 SO2 NAAQS. 
As indicated in the proposal on this action, a final CDD action 
suspends certain planning requirements for a CAA part D nonattainment 
area SIP, including: an attainment demonstration, RACM/RACT, 
enforceable emission limitations and control measures, RFP plan, and 
contingency measures. This final action does not constitute a 
redesignation of the Anne Arundel-Baltimore County Area to attainment 
of the 2010 SO2 NAAQS under section 107(d)(3) of the CAA. 
The 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 
further action to redesignate the Area.
    Following approval of a CDD for the Area, the State remains 
obligated to submit the non-attainment planning requirements, including 
a base year emissions inventory and a showing that the area is covered 
by an EPA-approved NNSR program. EPA is finalizing approval (as 
proposed in our August 19, 2022 proposal) of the base year emission 
inventory and NNSR program elements of the attainment plan SIP revision 
for the Anne Arundel-Baltimore Area submitted by Maryland to EPA on 
January 31, 2020. EPA has determined that Maryland's 2014 base year 
emission inventory for the Area comports with relevant EPA guidance. 
EPA is also finalizing our approval of Maryland's NNSR program under 
CAA section 172(c)(5), having determined that the program meets 
applicable requirements for NNSR under CAA section 173 for 
SO2 sources undergoing construction or major modification in 
the Area. EPA's final action to issue the CDD and to approve the 
emissions inventory and NNSR elements of Maryland's SIP discharges 
EPA's duty under the consent decree entered in Center for Biological 
Diversity, et al., v. Regan, Case No. 4-21-cv-06166-JST (N.D. Cal.), to 
no later than October 31, 2022, take action on the emissions inventory 
and NNSR elements of Maryland's SIP submission, and also automatically 
terminates EPA's obligation under that consent decree to take final 
action on the attainment demonstration, RACM/RACT, RFP and contingency 
measure elements of Maryland's submission.
    Finally, EPA is approving as SIP strengthening measures two consent 
orders between MDE and the owners of two major SO2 emissions 
sources in the Area. These consent orders were submitted as part of the 
January 30, 2020 Maryland attainment plan for the Area and impose 
SO2 emission limitation requirements and operational 
constraints on those sources.\4\ EPA is incorporating these two consent 
orders by reference into the Maryland SIP, as proposed in the August 
19, 2022 (87 FR 51006) proposed action, which will provide Federal 
enforceability of the emissions limits and operational constraints 
provided by those consent orders.
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    \4\ 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.
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    EPA is not approving in this action any other portion of the 
January 30, 2020 Maryland attainment plan SIP revision, other than the 
specific plan elements described above. Elements not being approved as 
part of this action include the section CAA 172(c)(1) attainment 
demonstration or RACM/RACT demonstration that were submitted as part of 
the January 30, 2020 attainment plan revision, the CAA 172(c)(2) RFP 
plan, the CAA section 172(c)(6) emission limits necessary to provide 
for attainment, or the CAA section 172(c)(9) contingency measures 
elements. As noted above, these attainment plan elements are suspended 
(as is EPA's obligation to promulgate a FIP to address those planning 
elements) for as long as EPA's CDD for the Area remains in place.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference two consent 
orders between MDE and Raven Power LLC,

[[Page 66089]]

and MDE and C.P. Crane LLC, governing SO2 emissions 
limitations and operating limitations at the Fort Smallwood Complex 
electric generating stations (i.e., Wagner and Brandon Shores) and the 
Crane electric generating station--as submitted to EPA as Appendix B of 
Maryland's January 30, 2020, SO2 attainment plan SIP 
revision. The emissions limitations and operating restrictions on the 
affected SO2 sources are described below and in Section IV 
of this preamble. 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).
    The two consent orders being incorporated by reference into the SIP 
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 S02 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 S02 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.
    EPA has reviewed Maryland's consent decrees with major 
SO2 emission sources in the Area formalizing specific 
SO2 emission limits and emissions control requirements for 
those large SO2 sources (as described above) under 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.\5\ By incorporating these consent 
decrees between MDE and Raven Power into the Maryland SIP, EPA's 
incorporation by reference of these two consent orders strengthens the 
SIP and makes these additional permitted limits and operating 
conditions federally enforceable. This action is being taken under 
sections 110 and 113 of the CAA. As of the effective date of the final 
rulemaking of EPA's approval, these consent orders are incorporated by 
reference, to be reflected in the next update to the SIP 
compilation.\6\
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    \5\ 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.
    \6\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, EPA's 
action to approve the emissions inventory and NNSR submissions merely 
approves state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. EPA's 
issuance of the CDD makes a determination of attainment and does not 
impose additional requirements beyond those imposed by state law. For 
these reasons, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

[[Page 66090]]

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 January 3, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action.
    This final CDD action and accompanying final approval of select 
elements of Maryland's January 30, 2020 SO2 attainment plan 
may not be challenged later in proceedings to enforce this action's 
requirements. (See section 307(b)(2).)

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.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart V--Maryland

0
2. Amend Sec.  52.1070:
0
a. In the table in paragraph (d) by adding entries ``Raven Power Fort 
Smallwood LLC--Brandon Shores Electric Generating Station Units 1 and 
2; and H.A. Wagner Electric Generating Station Units 1, 2, 3, and 4'' 
and ``C.P. Crane LLC--C.P. Crane Electric Generating Station Units 1 
and 2'' at the end of the table; and
0
b. In the table in paragraph (e) by adding entries ``2014 
SO2 Base Year Emissions Inventory for the Anne Arundel-
Baltimore County Area for the 2010 SO2 Sulfur Dioxide 
NAAQS'' and ``2010 1-Hour SO2 Sulfur Dioxide NAAQS 
Nonattainment New Source Review Requirements'' at the end of the table.
    The additions read as follows:


Sec.  52.1070   Identification of plan.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                             State                                Additional
          Name of source             Permit No./type    effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Raven Power Fort Smallwood LLC--   Consent Order for         12/4/2019  11/2/2022, [Insert   Consent Order
 Brandon Shores Electric            Brandon Shores and                   Federal Register     approved via
 Generating Station Units 1 and     Wagner Generating                    Citation].           Docket EPA-R03-OAR-
 2; and H.A. Wagner Electric        Stations for                                              2020-0325, as an
 Generating Station Units 1, 2,     Sulfur Dioxide                                            element of
 3, and 4.                          Emissions Limits                                          Maryland's January
                                    and Operational                                           30, 2020
                                    Constraints.                                              attainment plan
                                                                                              for the Anne
                                                                                              Arundel-Baltimore
                                                                                              Nonattainment Area
                                                                                              under the 2010 1-
                                                                                              hour SO2 NAAQS.
C.P. Crane LLC--C.P. Crane         Consent Order for         10/9/2019  11/2/2022, [Insert   Consent Order
 Electric Generating Station        Crane Generating                     Federal Register     approved via
 Units 1 and 2.                     Station for Sulfur                   Citation].           Docket EPA-R03-OAR-
                                    Dioxide Emissions                                         2020-0325, as an
                                    Limits and                                                element of
                                    Cessation of Coal-                                        Maryland's January
                                    fired Combustion.                                         30, 2020
                                                                                              attainment plan
                                                                                              for the Anne
                                                                                              Arundel-Baltimore
                                                                                              Nonattainment Area
                                                                                              under the 2010 1-
                                                                                              hour SO2 NAAQS.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory  SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2014 SO2 Base Year Emissions       Anne Arundel-            01/30/2020  11/2/2022, [Insert   ...................
 Inventory for the Anne Arundel-    Baltimore County                     Federal Register
 Baltimore County Area for the      SO2 Nonattainment                    Citation].
 2010 SO2 Sulfur Dioxide NAAQS.     Area, as defined
                                    at 40 CFR 81.321.

[[Page 66091]]

 
2010 1-Hour SO2 Sulfur Dioxide     Anne Arundel-            01/30/2020  11/2/2022, [Insert   EPA approved
 NAAQS Nonattainment New Source     Baltimore County                     Federal Register     Maryland's
 Review Requirements.               SO2 Nonattainment                    Citation].           Nonattainment New
                                    Area.                                                     Source Review
                                                                                              (NNSR) program
                                                                                              under
                                                                                             COMAR 26.11.17 into
                                                                                              the Maryland SIP
                                                                                              most recently on
                                                                                              August 2, 2012 and
                                                                                              July 13, 2015.
----------------------------------------------------------------------------------------------------------------


0
4. Amend Sec.  52.1082 by adding paragraph (l) to read as follows:


Sec.  52.1082   Determinations of attainment.

* * * * *
    (l) EPA has determined, as of November 2, 2022, that based on 2019 
to 2021 ambient air quality monitoring data and air dispersion 
modeling, the Anne Arundel-Baltimore County nonattainment area has 
attained the 2010 1-hour sulfur dioxide NAAQS. This clean data 
determination suspends the requirement for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other sulfur dioxide NAAQS attainment plan SIP elements for as long as 
this area continues to meet the 2010 1-hour sulfur dioxide NAAQS.

[FR Doc. 2022-23709 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P


