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1See December 9, 1976 memorandum from Roger 

Strelow, Assistant Administrator for Air and Waste 

Management, to Regional Administrators, 

‘‘Guidance for Determining Acceptability of SIP 

Regulations in Non-Attainment Areas.’’ see also 44 

FR 53761, 53762 (September 17, 1979). 

2Only a portion of the Commonwealth of Virginia 

is included in the OTR. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0508; FRL–9981– 

69—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Reasonably Available 

Control Technology (RACT) State 

Implementation Plan (SIP) Under the 

2008 Ozone National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of Maryland. The 

State of Maryland’s SIP revision satisfies 

the volatile organic compound (VOC) 

reasonably available control technology 

(RACT) requirements under the 2008 8- 

hour ozone national ambient air quality 

standard (NAAQS). The State of 

Maryland will address RACT for oxides 

of nitrogen (NOX) in another SIP 

submission. Maryland’s RACT submittal 

for the 2008 ozone NAAQS includes (1) 

certification that previously adopted 

RACT controls in Maryland’s SIP that 

were approved by EPA under the 1-hour 

ozone and 1997 8-hour ozone NAAQS 

are based on the currently available 

technically and economically feasible 

controls, and that they continue to 

represent RACT; (2) a negative 

declaration demonstrating that no 

facilities exist in the state for the 

applicable control technique guideline 

(CTG) categories; and (3) adoption of 

new or more stringent RACT 

determinations. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before September 4, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2018–0508 at http://

www.regulations.gov, or via email to 

spielberger.susan@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Becoat, (215) 814–2036, or 

by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

18, 2016, the Maryland Department of 

the Environment (MDE) submitted a 

revision to its SIP that addresses the 

requirements of RACT under the 2008 8- 

hour ozone NAAQS. 

I. Background 

A. General 

Ozone is formed in the atmosphere by 

photochemical reactions between VOCs 

and NOX in the presence of sunlight. In 

order to reduce these ozone 

concentrations, the CAA requires 

control of VOC and NOX emission 

sources to achieve emission reductions 

in moderate or more serious ozone 

nonattainment areas. Among effective 

control measures, RACT controls 

significantly reduce VOC and NOX

emissions from major stationary 

sources. 

RACT is defined as the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility.1

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM) for attainment of the 

NAAQS, including emissions 

reductions from existing sources 

through adoption of RACT. A major 

source in a nonattainment area is 

defined as any stationary source that 

emits or has the potential to emit NOX

or VOC emissions above a certain 

applicability threshold that is based on 

the ozone nonattainment classification 

of the area: Marginal, Moderate, Serious, 

or Severe. See ‘‘major stationary source’’ 

in CAA sections 182(b), 184(b) and 302. 

Sections 182(b)(2) and 182(f)(1) of the 

CAA require states with moderate (or 

worse) ozone nonattainment areas to 

implement RACT controls on all 

stationary sources and source categories 

covered by a CTG document issued by 

EPA and on all major sources of VOC 

and NOX emissions located in the area. 

EPA’s CTGs establish presumptive 

RACT control requirements for various 

VOC source categories. The CTGs 

typically identify a particular control 

level that EPA recommends as being 

RACT. In some cases, EPA has issued 

Alternative Control Techniques 

guidelines (ACTs) primarily for NOX

source categories, which in contrast to 

the CTGs, only present a range for 

possible control options but do not 

identify any particular option as the 

presumptive norm for what is RACT. 

Section 183(c) of the CAA requires EPA 

to revise and update CTGs and ACTs as 

the Administrator determines necessary. 

EPA issued eleven new CTGs from 2006 

through 2008 for a total of 44 CTGs 

issued since November 1990. States are 

required to implement RACT for the 

source categories covered by CTGs 

through the SIP. 

Section 184(a) of the CAA established 

a single ozone transport region (OTR), 

comprising all or part of 12 eastern 

states and the District of Columbia.2 The 

entire State of Maryland is part of the 

OTR and, therefore, must comply with 

the RACT requirements in section 

184(b)(1)(B) and (2) of the CAA. 

Specifically, section 184(b)(1)(B) 

requires the implementation of RACT in 

OTR states with respect to all sources of 

VOC covered by a CTG. Additionally, 

section 184(b)(2) states that any 

stationary source with the potential to 

emit 50 tons per year (tpy) of VOCs shall 

be considered a major source and 

requires the implementation of major 

stationary source requirements in the 

OTR states as if the area were a 

moderate nonattainment area. A major 

source in a nonattainment area is 

defined as any stationary source that 

emits or has the potential to emit NOX

or VOC emissions above a certain 

applicability threshold that is based on 

the ozone nonattainment classification 

of the area: Marginal, Moderate, Serious, 

or Severe. See ‘‘major stationary source’’ 

in CAA sections 182(b) and 184(b). 


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B. Maryland’s History 

Maryland has been subject to the CAA 

RACT requirements because of previous 

ozone nonattainment designations. The 

Baltimore (which includes Anne 

Arundel, Baltimore, Carroll, Harford, 

and Howard Counties, MD, and 

Baltimore City, MD), Washington DC 

(which includes Calvert, Charles, 

Frederick, Montgomery, and Prince 

George’s Counties, MD), and 

Philadelphia (which includes Cecil 

County, MD) nonattainment areas were 

designated as severe 1-hour ozone 

nonattainment areas. Kent and Queen 

Anne’s Counties, MD were designated 

as a marginal 1-hour ozone 

nonattainment area. The remaining 

Maryland counties were statutorily 

identified as moderate nonattainment 

because they are in the OTR. Since the 

early 1990s, Maryland has implemented 

numerous RACT controls throughout 

the State to meet the CAA’s RACT 

requirements under the 1-hour and the 

1997 8-hour ozone standards. Maryland 

also implemented controls necessary to 

meet the requirements of the NOX SIP 

Call (40 CFR 51.121). Under the 1997 8- 

hour ozone NAAQS, the Baltimore, 

Washington DC, and Philadelphia areas 

were designated as serious 

nonattainment areas. Kent and Queen 

Anne’s Counties, MD were designated 

as a marginal ozone nonattainment area. 

The remaining Maryland counties were 

statutorily identified as moderate 

nonattainment because they are in the 

OTR. As a result, Maryland continued to 

be subject to the CAA RACT 

requirements. See 69 FR 23858, 23931 

(April 30, 2004). Maryland revised and 

promulgated its RACT regulations and 

demonstrated that it complied with the 

1997 CAA RACT requirements in a SIP 

revision approved by EPA on July 13, 

2012 (77 FR 41278). 

Under CAA section 109(d), EPA is 

required to periodically review and 

promulgate, as necessary, revisions to 

the NAAQS to continue to protect 

human health and the environment. On 

March 27, 2008, EPA revised the 1997 

8-hour ozone standard by lowering the 

8-hour standard to 0.075 ppm level (73 

FR 16436). On May 21, 2012, EPA 

finalized attainment/nonattainment 

designations for the 2008 8-hour ozone 

NAAQS (77 FR 30087). Under the 2008 

8-hour ozone standard, EPA designated 

as nonattainment three areas that 

contain portions of Maryland. These 

nonattainment areas are: The Baltimore 

moderate nonattainment area; the 

Washington DC marginal nonattainment 

area; and the Philadelphia marginal 

nonattainment area. All other remaining 

Maryland counties are part of the OTR. 

As a result, the entire State of Maryland 

is required to address the CAA RACT 

requirements by submitting to EPA a 

SIP revision that demonstrates how 

Maryland meets RACT requirements 

under the revised 2008 ozone standard. 

Maryland is required to implement 

RACT for the 2008 ozone NAAQS on all 

VOC sources covered by a CTG issued 

by EPA, as well as all other major 

stationary sources located within the 

state boundaries. The RACT 

requirements under CAA sections 182 

and 184 apply to CTG sources, 

including eleven new CTGs that EPA 

issued between 2006 and 2008, and any 

other major stationary sources of VOC or 

NOX. Maryland has retained its major 

source thresholds at 25 tpy for VOC and 

NOX sources in the Baltimore, 

Washington, DC, and Philadelphia 

severe 1-hour ozone nonattainment 

areas. Maryland has retained its major 

source thresholds at 50 tpy for VOC and 

100 tpy for NOX in all remaining 

Maryland counties, consistent with the 

CAA requirements for States in the 

OTR. 

C. EPA Guidance and Requirements 

EPA has provided more substantive 

RACT requirements through final 

implementation rules for each ozone 

NAAQS, as well as guidance. On March 

6, 2015, EPA issued its final rule for 

implementing the 2008 8-hour ozone 

NAAQS (the 2008 Ozone 

Implementation Rule). See 80 FR 12264. 

This rule addressed, among other 

things, control and planning obligations 

as they apply to nonattainment areas 

under the 2008 8-hour ozone NAAQS, 

including RACT and RACM. In this 

rule, EPA specifically required that 

states meet the RACT requirements 

either (1) through a certification that 

previously adopted RACT controls in 

their SIP revisions approved by EPA 

under a prior ozone NAAQS continue to 

represent adequate RACT control levels 

for attainment of the 2008 8-hour ozone 

NAAQS, or (2) through the adoption of 

new or more stringent regulations or 

controls that represent RACT control 

levels. A certification must be 

accompanied by appropriate supporting 

information such as consideration of 

information received during the public 

comment period and consideration of 

new data. Adoption of new RACT 

regulations will occur when states have 

new stationary sources not covered by 

existing RACT regulations, or when new 

data or technical information indicates 

that a previously adopted RACT 

measure does not represent a newly 

available RACT control level. 

Additionally, states are required to 

submit a negative declaration if there 

are no CTG major sources of VOC and 

NOX emissions within the 

nonattainment area in lieu of, or in 

addition to, a certification. 

II. Summary of SIP Revision 

On August 18, 2016 Maryland 

submitted a SIP revision to address all 

of the CAA RACT requirements of 

RACT set forth by the CAA under for 

the 2008 8-hour ozone NAAQS (the 

2016 RACT Submission). Specifically, 

Maryland’s 2016 RACT Submission 

includes: (1) A certification that for 

certain categories of sources, previouslyadopted VOC RACT controls in 

Maryland’s SIP that were approved by 

EPA under the 1979 1-hour and 1997 8- 

hour ozone NAAQS continue to be 

based on the currently available 

technically and economically feasible 

controls, and continue to represent 

RACT for implementation of the 2008 8- 

hour ozone NAAQS; (2) the adoption of 

new or more stringent regulations or 

controls that represent RACT control 

levels for certain categories of sources; 

and (3) a negative declaration that 

certain CTG or non-CTG major sources 

of VOC sources do not exist in 

Maryland. 

Most of Maryland’s Regulations and 

Statutes, under Code of Maryland 

Regulations (COMAR) 26.11.06, 

26.11.10, 26.11.11, 26.11.13, 26.11.14, 

26.11.19 and 26.11.24, contain the VOC 

RACT controls that were implemented 

and approved into Maryland’s SIP 

under the 1-hour and 1997 8-hour ozone 

NAAQS. Maryland also relies on 

COMAR 26.11.06.06—‘‘General 

Emissions Standards, Prohibitions, and 

Restrictions—Volatile Organic 

Compounds,’’ to achieve significant 

reductions from unique VOC sources. 

Maryland is certifying that these 

regulations, all previously approved by 

EPA into the SIP, continue to meet the 

RACT requirements for the 2008 8-hour 

ozone NAAQS for major stationary 

sources of VOCs and CTG-covered 

sources of VOCs. Maryland also 

submitted a negative declaration for the 

CTGs that have not been adopted due to 

no affected facilities in Maryland, and 

included Alternative Control 

Technology (ACTs) in their review of 

applicable 2008 8-hour ozone RACT 

requirements. Maryland considered 

controls on other sources of VOCs not 

covered by a CTG and adopted rules 

whenever deemed to be reasonably 

available controls. Additionally, 

Maryland conducted a RACT analysis 

for each major Non-CTG stationary 

source of VOC. As previously discussed, 

Maryland retained its major source 

levels at 25 tpy for VOC sources in the 

Baltimore, Washington, DC and 


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38112 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 

Philadelphia 1-hour severe 

nonattainment areas. All remaining 

counties which are part of the OTR 

major source levels remain at 50 tpy for 

VOC. More detailed information on 

these provisions as well as a detailed 

summary of EPA’s review can be found 

in the Technical Support Document 

(TSD) for this action which is available 

on line at www.regulations.gov, Docket 

number EPA–R03–OAR–2018–0508. 

III. Proposed Action 

EPA has reviewed Maryland’s 2016 

RACT Submission and is proposing to 

approve Maryland’s SIP revision on the 

basis that Maryland has met the RACT 

requirements for the 2008 8-hour ozone 

NAAQS as set forth by sections 182(b) 

and 184(b)(2) of the CAA. Maryland’s 

SIP revision satisfies the 2008 8-hour 

ozone NAAQS RACT requirements 

through (1) certification that previously 

adopted RACT controls in Maryland’s 

SIP that were approved by EPA under 

the 1-hour ozone and 1997 8-hour ozone 

NAAQS continue to be are based on the 

currently available technically and 

economically feasible controls, and that 

they continue to represent RACT; (2) a 

negative declaration demonstrating that 

no facilities exist in the state for certain 

the applicable CTG categories; and (3) 

adoption of new or more stringent 

RACT determinations when technically 

and economically feasible. EPA finds 

that Maryland’s 2016 RACT Submission 

demonstrates that the State has adopted 

air pollution control strategies that 

represent RACT for the purposes of 

compliance with the 2008 8-hour ozone 

standard for all major stationary sources 

of VOC. EPA finds that Maryland’s SIP 

implements RACT with respect to all 

sources of VOCs covered by a CTG 

issued prior to July 20, 2014, as well as 

represents RACT for all CTG VOC major 

stationary sources. EPA is soliciting 

public comments on the issues 

discussed in this document relevant to 

RACT requirements for Maryland for the 

2008 ozone NAAQS. These comments 

will be considered before taking final 

action. 

IV. Incorporation by Reference 

In this proposed rule, 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 source-specific RACT 

determinations under the 2008 8-hour 

ozone NAAQS for certain major sources 

of VOC emissions. EPA has made, and 

will continue to make, these materials 

generally available through http://

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). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (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, this proposed rule, 

Maryland’s 2008 8-hour ozone RACT 

SIP revision does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: July 24, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2018–16603 Filed 8–2–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0373; FRL–9981– 

68—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Interstate Transport 

Requirements for the 2012 Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the state of West Virginia. 

This revision pertains to the 

infrastructure requirement for interstate 

transport of pollution with respect to 

the 2012 fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS). EPA is approving this 

revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before September 4, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0373 at http://

www.regulations.gov, or via email to 

spielberger.susan@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 


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