Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 104941 

1CAIR was subsequently vacated and remanded. 

See North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified by 550 F.3d 1176 (remanding 

CAIR). CAIR was replaced with the Cross-State Air 

Pollution Rule, or CSAPR (76 FR 48208, August 8, 

2011), which, after legal challenges, was 

implemented starting in January 2015. The NOX

Ozone Season Trading Program under CSAPR was 

replaced in Maryland and most other States by a 

new trading program for ozone season NOX under 

the CSAPR Update rule in January 2017 (81 FR 

74504, October 26, 2016). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0512; FRL–12099– 

01–R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Nitrogen Oxides Ozone 

Season Emissions Caps for NonTrading Large Nitrogen Oxides Units; 

Amendments 

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. This revision (Maryland 

Submittal #24–01) pertains to the reallocation of nitrogen oxides (NOX) 

ozone season emission caps for large 

non-electric generating units (nonEGUs, affected units). The amendment 

also updates a cross reference to the 

Cross State Air Pollution Rule (CSAPR). 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before January 27, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2024–0512 at 

www.regulations.gov, or via email to 

talley.david@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 

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Amber Iglesias, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F. Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (202) 564–3175. Ms. Iglesias 

can also be reached via electronic mail 

at iglesias.amber@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

10, 2024, the State of Maryland, through 

the Maryland Department of the 

Environment (MDE), submitted for 

approval into the Maryland SIP 

amendments to the Code of Maryland 

Regulation (COMAR) 26.11.40–NOX

Ozone Season Emission Caps for NonTrading Large NOX Units to EPA. 

I. Background 

On October 27, 1998 (63 FR 57356), 

EPA finalized the ‘‘Finding of 

Significant Contribution and 

Rulemaking for Certain States in the 

Ozone Transport Assessment Group 

Region for Purposes of Reducing 

Regional Transport of Ozone’’— 

commonly called the NOX SIP Call. The 

NOX SIP Call, issued pursuant to section 

110 of the CAA, was designed to 

mitigate significant transport of NOX

one of the precursors of ozone. EPA 

developed the NOX Budget Trading 

Program, an allowance trading program 

that States could adopt to meet their 

obligations under the NOX SIP Call. The 

NOX Budget Trading Program allowed 

electric generating units (EGUs) greater 

than 25 megawatts and industrial nonelectric generating units, such as boilers 

and turbines, with a rated heat input 

greater than 250 million British thermal 

units per hour (MMBtu/hr), referred to 

as ‘‘large non-EGUs,’’ to participate in a 

regional NOX cap and trade program. Of 

specific relevance to this action, the 

NOX SIP Call also established specific 

reduction requirements for other nonEGUs, including cement kilns and 

stationary internal combustion (IC) 

engines. On January 10, 2001 (66 FR 

1866), EPA approved into the Maryland 

SIP two Maryland regulations, COMAR 

26.11.29—NOX Reduction and Trading 

Program, and COMAR 26.11.30— 

Policies and Procedures Relating to 

Maryland’s NOX Reduction and Trading 

Program, to meet the requirements of 

the NOX SIP Call. Under the approved 

trading program, large EGUs and large 

non-EGUs in Maryland participated in a 

regional cap and trade program that was 

administered by EPA. 

On May 12, 2005 (70 FR 25162), EPA 

promulgated the Clean Air Interstate 

Rule (CAIR), to address transported 

emissions that significantly contributed 

to downwind States’ nonattainment and 

maintenance of the 1997 ozone and fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). CAIR required 28 States, 

including Maryland, to reduce 

emissions of NOX and sulfur dioxide 

(SO2), which are precursors to ozone 

and PM2.5. Under CAIR, EPA developed 

separate cap and trade programs for 

annual NOX, ozone season NOX, and 

annual SO2 emissions. On April 28, 

2006 (71 FR 25328), EPA also 

promulgated Federal implementation 

plans (FIPs) requiring the EGUs in each 

affected State, but not large non-EGUs, 

to participate in the CAIR trading 

programs. Subsequent to these actions, 

States needed to assess their NOX SIP 

Call requirements and take other 

regulatory action as necessary to ensure 

that their obligations for the large nonEGUs continued to be met either 

through submission of a CAIR SIP or 

other NOX regulation. States could 

comply with the requirements of CAIR 

by either remaining on the FIP, which 

applied only to EGUs, or by submitting 

a CAIR SIP revision that included EGUs 

as trading sources and the NOX SIP Call 

covered non-EGUs either as trading 

sources, or subject to non-trading NOX

control regulations. EPA discontinued 

administration of the NOX Budget 

Trading Program in 2009 upon the start 

of the CAIR trading programs.1 The NOX

SIP Call requirements continued to 

apply, however, and EGUs that were 

formerly trading under the NOX Budget 

Trading Program continued to meet 

their NOX SIP Call requirements under 

the generally more stringent 

requirements of the CAIR ozone season 

trading program. EPA has implementing 

regulations for the NOX SIP Call at 40 

Code of Federal Regulations (CFR) 

51.121. 

In Maryland, Luke Paper Mill 

(formerly the Westvaco pulp and paper 

mill) had the only non-EGUs sources 

that had been covered under the NOX

SIP Call and participated in the NOX

Budget Trading Program. When the 

CAIR NOX Ozone Season trading 

program replaced the NOX Budget 

Trading Program, Maryland adopted the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
104942 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 

2CAIR was superseded upon implementation of 

the CSAPR program. Maryland rescinded its CAIR 

regulation (COMAR 26.11.28) and submitted a SIP 

revision to EPA that sought removal of the 

regulation in its entirety from the approved 

Maryland SIP. On July 17, 2017 (82 FR 32641), EPA 

approved the SIP revision removing the CAIR 

regulation from Maryland’s SIP. 

CAIR program as it applied to large 

EGUs, but chose not to include the nonEGU sources at Luke as participants in 

the CAIR NOX Ozone Season trading 

program.2 Instead, in 2010, Maryland 

adopted COMAR 26.11.14.07—Control 

of Emissions from Kraft Pulp Mills, 

which, among other requirements, 

included provisions that address the 

NOX SIP Call non-EGU requirements in 

Maryland through a NOX ozone season 

tonnage cap of 947 tons for the Luke 

non-EGU sources and monitoring, 

recordkeeping, and reporting in 

accordance with 40 CFR part 75. EPA 

conditionally approved COMAR 

26.11.14.07 into the Maryland SIP on 

August 30, 2016 (81 FR 59486) and took 

final approval on July 17, 2017 (82 FR 

32641). 

In October 2018, Maryland adopted a 

COMAR 26.11.40—NOX Ozone Season 

Emission Caps for Non-Trading Large 

NOX Units. This regulation established 

NOX ozone season tonnage caps and 

NOX monitoring requirements for large 

non-EGUs in the State that were not 

covered under the CSAPR NOX Ozone 

Season Group 2 Trading Program. The 

purpose of COMAR 26.11.40 is to meet 

requirements of the NOX SIP Call. NOX

emissions caps that were specified for 

non-EGUs located at four facilities: 

American Sugar Refining, Dominion 

Energy Cove Point LNG, Luke Paper 

Mill, and the National Institutes of 

Health. A portion of the Statewide cap 

is set aside for new units or modified 

existing units that may become subject 

to the NOX SIP Call in the future. The 

NOX annual emissions cap for Maryland 

established for the NOX SIP Call is 1013 

tons per year of NOX, as established by 

EPA in 40 CFR part 97, subpart E, 

appendix C. This regulation also 

requires 40 CFR part 75, subpart H 

monitoring of NOX emissions at nonEGUs in accordance with 40 CFR 

51.121(i)(4). EPA approved the SIP 

revision that included the new COMAR 

26.11.40 in October 2018. On June 30, 

2019, Luke Paper Mill was shut down 

by its owner, Verso, and surrendered all 

of its CAA operating permits for the 

facility to Maryland on May 8, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On June 10, 2024, Maryland 

submitted for inclusion in the Maryland 

SIP regulation COMAR 26.11.40—NOX

Ozone Season Emission Caps for Nontrading Large NOX Units. The revisions 

to sections .02 and .03 of COMAR 

26.11.40 reallocate NOX ozone season 

emission caps from affected source that 

have shutdown to new or modified SIP 

Call covered non-EGUs and in addition 

updates it’s regulatory cross-reference of 

the Federal ozone season trading 

programs to automatically incorporate 

by reference any future changes to those 

programs. 

Section .02 lists the currently affected 

non-EGUs meeting the definition of 

‘‘non-trading large NOX unit’’ in table 1 

of this document and includes a 

provision that any new unit installed 

after May 1, 2018, or an existing unit 

that is modified such that it meets the 

definition of a large non-EGU, will 

become subject to the requirements of 

COMAR 26.11.40. Section .02 updates 

the way the State references the EPA’s 

CSAPR Rule and removes Luke Paper 

Mill as an affected source. Prior to the 

update to section .02 of COMAR 

26.11.40 the State referred to the CSAPR 

Rule that was in effect in 2018, ‘‘the 

Federal Cross State Air Pollution Rule 

NOX Ozone Season Group 2 Trading 

Program established under 40 CFR part 

97, subpart EEEEE.’’ In 2019, EPA 

updated the CSAPR Rule and created 

the CSAPR NOX Group 3 Trading 

Program. In this submission, the State of 

Maryland updates the CSAPR reference 

in section .02 COMAR 26.11.40 to a 

more generic trading program reference 

that will incorporate future changes in 

the rule. The updated language in 

COMAR 26.11.40.02 refers to ‘‘a Federal 

trading program for ozone season 

emissions of NOX established under 40 

CFR part 97 to address interstate 

transport of ozone and NOX in 

accordance with 40 CFR 52.38(b), or a 

State trading program for ozone season 

emissions of NOX approved by the EPA 

Administrator as meeting the 

requirements of 40 CFR 52.38(b).’’ 

Section .03 of COMAR 26.11.40 

establishes the NOX annual tonnage 

caps for each source. This submission 

removes the NOX ozone season emission 

caps from the shutdown Luke Paper 

Mill. Prior to the amendments of section 

.02 of COMAR 26.11.40, the State of 

Maryland allocated a cap of 656 tons to 

of NOX Luke Paper Mill with 96 tons to 

set aside for new units or modified 

existing units. This submission 

reallocates the 656-ton cap from Luke 

Paper Mill to the set-aside cap for new 

and modified sources giving the setaside a new cap of 752 tons of NOX. The 

total of all sources in the State, which 

can be seen in the table below, remains 

at the cap of 1013 tons of NOX and is 

consistent with the portion of the 

overall Maryland NOX Budget Trading 

Program budget for large non-EGUs. 

TABLE 1—MD LARGE NON EGU O3 SEASON EMISSION CAPS

Facility Unit 

NOX ozone 

season cap 

(tons) 

American Sugar Refining ......................................................... C6 ............................................................................................ 24 

Dominion Energy Cove Point LNG .......................................... Frame 5–1 (Turbine S009), Frame 5–2 (Turbine S010), 

Frame 7–A, Frame 7–B, Aux. A, Aux B.

214 

National Institutes of Health ..................................................... 5–1156 .................................................................................... 23 

New unit set-aside ................................................................... .................................................................................................. 752 

Total .................................................................................. .................................................................................................. 1,013 

EPA finds that this June 2024 SIP 

submittal meets Maryland’s NOX SIP 

Call obligations (including requirements 

in CAA section 110 and 40 CFR 51.121) 

for non-EGUs because the revisions to 

regulation COMAR 24.11.40 removes 

Luke Paper Mill as an affected source 

and reallocates the NOX emission cap 

for that facility to a set aside for new 

and modified sources. This reallocation 

does not change or alter the specified 

State-wide ozone season NOX emissions 

cap of 1013 tons which is consistent 

with the portion of the overall Maryland 

NOX emissions budget under the NOX

Budget Trading Program attributable to 

non-EGUs. This revision does not 

change the 40 CFR part 75 monitoring, 


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Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 104943 

recordkeeping and reporting 

requirements of the original 2018 

submission. Finally, the changes to the 

CSAPR reference are to ensure that the 

State is using a term that will be an 

applicable reference in the State’s SIP if 

the EPA is to update the rule in the 

future. 

The June 10, 2024 Maryland SIP 

submittal does not result in increased 

NOX emissions, and therefore has no 

impact on any requirements related to 

attainment, reasonable further progress, 

or any other NAAQS requirements 

under the CAA. The submittal therefore 

meets section 110(l) of the CAA. 

III. Proposed Action 

EPA’s review of this material 

indicates that Maryland’s June 10, 2024 

SIP revision submittal (Maryland SIP 

Revision #24–01) is approvable in 

accordance with CAA section 110. EPA 

is proposing to approve the Maryland 

SIP revision that reallocates the NOX

ozone season emission cap from Luke 

Paper Mill to the new source set-aside 

and updates its regulatory crossreference of the Federal ozone season 

trading programs to automatically 

incorporate by reference any future 

changes to those programs EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. 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 

the revised Maryland regulation 

COMAR 26.11.40.02 and the revised 

COMAR 26.11.40.03, as described in 

section II 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). 

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); 

• 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); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The air agency did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

In addition, this proposed 

rulemaking, that amends Maryland’s 

NOX Ozone Season Emissions Caps for 

Non-Trading Large NOX Units, 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. 

Catherine A. Libertz, 

Acting Regional Administrator, Region III. 

[FR Doc. 2024–30534 Filed 12–23–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0417; FRL–12279– 

03–R9] 

Air Plan Conditional Approval; 

California; Bay Area Air Quality 

Management District; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for a proposed rule published 

November 29, 2024, and corrected on 

December 11, 2024. The corrected 

comment period end date for the 

proposed rule was December 30, 2024. 

In response to commenter request, the 

EPA is now extending the comment 

period for the proposed rule to January 

29, 2025. 

DATES: The comment period for the 

proposed rule published on November 


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