[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Page 39145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13584]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2018-0042; FRL-10011-05-Region 3]
Air Plan Disapproval; Maryland; Interstate Transport Requirements
for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality
Standard; Withdrawal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing its
proposed action disapproving the interstate transport portion of the
state implementation plan (SIP) revision submitted by the State of
Maryland (Maryland) to address the infrastructure requirements of the
2010 primary sulfur dioxide (SO2) national ambient air
quality standard (NAAQS). EPA proposed disapproval of the interstate
transport element of the SIP because it did not contain provisions
prohibiting emissions from Maryland that were contributing
significantly to or interfering with maintenance of the 2010
SO2 NAAQS in another state. This action is being taken under
the Clean Air Act (CAA).
DATES: The proposed rule, published on April 22, 2020 (85 FR 22381),
proposing disapproval of the transport portion of Maryland's August 17,
2016 SIP submission for the 2010 SO2 NAAQS, is withdrawn as
of June 30, 2020.
FOR FURTHER INFORMATION CONTACT: Marilyn Powers, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2308. Ms. Powers can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On August 17, 2016, the Maryland Department
of the Environment (MDE), on behalf of the State of Maryland, submitted
a SIP revision to EPA to address all of the then applicable CAA section
110(a)(2) requirements for the 2010 SO2 NAAQS. On June 16,
2020, EPA approved this 2016 SIP submittal, known as an infrastructure
SIP, except for certain elements related to nonattainment area
requirements and the portion dealing with interstate transport of
pollution (section 110(a)(2)(D)(i)(I)). 85 FR 36343. In the final
rulemaking, EPA noted that it would take action on the interstate
transport portion (110(a)(2)(D(i)(I)) at a later date. On April 22,
2020 (85 FR 22381), EPA proposed to disapprove the interstate transport
portion of Maryland's SO2 infrastructure SIP submission
because that portion did not contain adequate provisions prohibiting
SO2 emissions from stationary sources in Maryland which were
contributing significantly to nonattainment with, or interfering with
maintenance of, the 2010 SO2 NAAQS in another state.
Specifically, EPA identified the Verso Luke Paper Mill (Luke) as the
source contributing to violations of the SO2 NAAQS in West
Virginia, based on ambient monitoring data from 2017 to 2019.
Following publication of the proposed disapproval, EPA received
from MDE, on May 8, 2020, a letter from Verso, the owner of the Luke
facility, surrendering all of its CAA operating permits for the
facility. The Verso letter is in the docket for this rulemaking action.
The Luke facility had been shut down by Verso on June 30, 2019, and the
surrender of its CAA permits means that the facility cannot return to
operation without obtaining new CAA permits from Maryland. On this
basis, EPA is withdrawing its April 22, 2020 proposed disapproval of
the CAA section 110(a)(2)(D)(i)(I) interstate transport portion of
Maryland's August 17, 2016 SIP submittal for the 2010 SO2
NAAQS. EPA will consider this new information and publish a new
proposal providing another opportunity for notice and comment after
analyzing this recent development. Please note that EPA is not
accepting comments on this withdrawal of the April 22, 2020 proposed
disapproval. Any comments received on the proposed disapproval will be
placed into any new docket related to a future action on the section
110(a)(2)(D)(i)(I) element of the SO2 infrastructure SIP but
will not be answered as part of this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Sulfur oxides.
Dated: June 18, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-13584 Filed 6-29-20; 8:45 am]
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