80 FR 15709 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 57 (March 25, 2015)
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15709-15711 | |
| FR Document | 2015-06856 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Proposed Rules] [Pages 15709-15711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06856] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0089; FRL-9925-15-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards 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 pertains to a new regulation for biomass fuel-burning equipment and related amendments to existing regulations. This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 24, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R03-OAR-2015-0089 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: [email protected]. C. Mail: EPA-R03-OAR-2015-0089, Marilyn Powers, Acting Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA-R03-OAR- 2015-0089. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814-2166, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Biomass materials, which include wood residue and wood products, animal manure (including litter and other bedding materials), vegetative agricultural materials as well as silvicultural materials, can be used as fuel burned to provide heat and power. New technologies and environmental initiatives have recently increased the use of biomass material for combustion in the State of Maryland. Therefore, the Maryland Department of the Environment (MDE) has established emission standards for the combustion of biomass fuel by developing a new Code of Maryland (COMAR) regulation, COMAR 26.11.09.12--``Standards for Biomass Fuel-Burning Equipment Greater Than 350,000 British Thermal Units (Btu)/Hour (hr) Heat Input.'' The [[Page 15710]] typical type of equipment that is regulated under this new regulation is a boiler; however, it also applies to process heaters and other applications. II. Summary of SIP Revision On January 12, 2015, MDE submitted to EPA a SIP revision concerning new regulation COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr) and related amendments to regulations .01, .04, .06, .07, .09, and .10 under COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. The new regulation, COMAR 26.11.09.12, Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr, establishes particulate matter (PM) and nitrogen oxide (NOX ) emission limits (see Table 1) and additional requirements (such as compliance and record keeping and reporting) for biomass fuel-burning equipment. According to MDE, small biomass boilers will need to install PM emission controls; however, MDE asserts the NOX emission rates for biomass fuel-burning equipment can be achieved through efficient system design and do not require add-on pollution controls. MDE also asserted in the SIP submittal that new biomass fuel-burning equipment would still be subject to standards based on federal maximum achievable control technology (MACT), generally available control technology (GACT), and best available control technology (BACT) analysis. Further EPA analysis and information on the MDE regulations for this SIP submittal are provided in the Technical Support Document (TSD) with Docket ID No. EPA-R03-OAR-2015-0089. Table 1--Emission Standards for Biomass Fuel-Burning Equipment ------------------------------------------------------------------------ PM (pounds/ NOX (pounds/ Heat input capacity (mmBtu/hr) mmBtu) mmBtu) ------------------------------------------------------------------------ >=10................................ 0.03-0.07 0.25-0.30 >1.5 and <10........................ 0.1-0.23 0.30 >0.35 and <=1.5..................... 0.1-0.35 0.30 ------------------------------------------------------------------------ MDE has submitted the new biomass fuel-burning provisions in COMAR 26.11.09.12 and revised provisions in COMAR 26.11.09.10 for inclusion in the Maryland SIP. The SIP submittal also includes revisions to COMAR 26.11.09.01 (February 22, 2011, 76 FR 9650), .04 (November 3, 1992, 57 FR 49651), .06 (July 6, 2005, 70 FR 38774), .07 (November 3, 1992, 57 FR 49651), and .09 (May 1, 2003, 68 FR 23206), which were previously included in the Maryland SIP. III. Proposed Action EPA's review of this material indicates that MDE's regulation provides emission limits on smaller biomass fuel-burning equipment providing PM and NOX emission reductions which will strengthen the Maryland SIP. The reductions in PM and NOX will help Maryland attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone and PM. EPA is proposing to approve Maryland's January 12, 2015 SIP revision for biomass fuel-burning equipment. 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 rulemaking, the 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, the EPA is proposing to incorporate by reference the Maryland rules regarding the definitions and requirements for biomass fuel-burning equipment in COMAR 26.11.09.01, .04, .06, .07, .09, .10, and .12. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region III office (see the ADDRESSES 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 Order 12866 (58 FR 51735, October 4, 1993); 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 pertaining to Maryland's biomass fuel-burning equipment standards 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. [[Page 15711]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: March 10, 2015. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2015-06856 Filed 3-24-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15709
(4) All waters of Lake Pontchartrain ENVIRONMENTAL PROTECTION comment directly to EPA without going
extending 350 feet in all directions from AGENCY through www.regulations.gov, your
a fireworks barge located offshore of email address will be automatically
Mandeville, LA. This location will be 40 CFR Part 52 captured and included as part of the
used for the Mandeville Lakefront [EPA–R03–OAR–2015–0089; FRL–9925–15– comment that is placed in the public
Fireworks event. Region 3] docket and made available on the
(b) Effective Dates and Enforcement Internet. If you submit an electronic
Periods. This rule is effective during five Approval and Promulgation of Air comment, EPA recommends that you
individual events occurring on four Quality Implementation Plans; include your name and other contact
separate dates from April 27, 2015 Maryland; Biomass Fuel-Burning information in the body of your
through July 4, 2015. The temporary Equipment Standards comment and with any disk or CD–ROM
safety zones will be enforced during the you submit. If EPA cannot read your
AGENCY: Environmental Protection comment due to technical difficulties
following dates and times: Agency (EPA). and cannot contact you for clarification,
(1) April 27, 2015, in the evening for ACTION: Proposed rule. EPA may not be able to consider your
one hour or less in the location noted in comment. Electronic files should avoid
section a.1. SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a the use of special characters, any form
(2) April 28, 2015, in the evening for State Implementation Plan (SIP) of encryption, and be free of any defects
one hour or less in the location noted in revision submitted by the State of or viruses.
section a.1. Maryland. This revision pertains to a Docket: All documents in the
(3) July 4, 2015, in the evening for one new regulation for biomass fuel-burning electronic docket are listed in the
hour or less in the location noted in equipment and related amendments to www.regulations.gov index. Although
section a.2. existing regulations. This action is being listed in the index, some information is
taken under the Clean Air Act (CAA). not publicly available, i.e., CBI or other
(4) July 4, 2015, in the evening for one information whose disclosure is
hour or less the locations noted in DATES: Written comments must be
restricted by statute. Certain other
section a.3 and a.4. received on or before April 24, 2015.
material, such as copyrighted material,
ADDRESSES: Submit your comments,
(c) Regulations. is not placed on the Internet and will be
identified by Docket ID Number EPA– publicly available only in hard copy
(1) In accordance with the general R03–OAR–2015–0089 by one of the
regulations in § 165.23 of this part, entry form. Publicly available docket
following methods: materials are available either
into these zones is prohibited unless A. www.regulations.gov. Follow the
specifically authorized by the Captain of electronically in www.regulations.gov or
on-line instructions for submitting
the Port (COTP) New Orleans or in hard copy during normal business
comments.
designated personnel. Designated B. Email: powers.marilyn@epa.gov. hours at the Air Protection Division,
personnel include commissioned, C. Mail: EPA–R03–OAR–2015–0089, U.S. Environmental Protection Agency,
warrant and petty officers of the U.S. Marilyn Powers, Acting Associate Region III, 1650 Arch Street,
Coast Guard assigned to units under the Director, Office of Air Program Philadelphia, Pennsylvania 19103.
operational control of Sector New Planning, Mailcode 3AP30, U.S. Copies of the State submittal are
Orleans. Environmental Protection Agency, available at the Maryland Department of
Region III, 1650 Arch Street, the Environment, 1800 Washington
(2) Persons and vessels requiring Boulevard, Suite 705, Baltimore,
deviation from this rule must request Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously- Maryland 21230.
permission from the COTP New Orleans
listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
or a COTP New Orleans designated
deliveries are only accepted during the Irene Shandruk, (215) 814–2166, or by
representative. They may be contacted
Docket’s normal hours of operation, and email at shandruk.irene@epa.gov.
on VHF–FM Channel 16 or 67, or
through Coast Guard Sector New special arrangements should be made SUPPLEMENTARY INFORMATION:
Orleans at 504–365–2200. for deliveries of boxed information.
Instructions: Direct your comments to I. Background
(3) Persons and vessels permitted to Docket ID No. EPA–R03–OAR–2015– Biomass materials, which include
deviate from this rule must transit at the 0089. EPA’s policy is that all comments wood residue and wood products,
slowest safe speed and comply with all received will be included in the public animal manure (including litter and
lawful directions issued by the COTP docket without change, and may be other bedding materials), vegetative
New Orleans or designated made available online at agricultural materials as well as
representative. www.regulations.gov, including any silvicultural materials, can be used as
(d) Information Broadcasts. The COTP personal information provided, unless fuel burned to provide heat and power.
New Orleans or a COTP New Orleans the comment includes information New technologies and environmental
designated representative will inform claimed to be Confidential Business initiatives have recently increased the
the public through broadcast notices to Information (CBI) or other information use of biomass material for combustion
mariners of the enforcement period for whose disclosure is restricted by statute. in the State of Maryland. Therefore, the
the safety zones as well as any changes Do not submit information that you Maryland Department of the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
in the planned schedule. consider to be CBI or otherwise Environment (MDE) has established
protected through www.regulations.gov emission standards for the combustion
Dated: March 4, 2015.
or email. The www.regulations.gov Web of biomass fuel by developing a new
P.C. Schifflin, site is an ‘‘anonymous access’’ system, Code of Maryland (COMAR) regulation,
Captain, U.S. Coast Guard Captain of the which means EPA will not know your COMAR 26.11.09.12—‘‘Standards for
Port New Orleans. identity or contact information unless Biomass Fuel-Burning Equipment
[FR Doc. 2015–06846 Filed 3–24–15; 8:45 a.m.] you provide it in the body of your Greater Than 350,000 British Thermal
BILLING CODE 9110–04–P comment. If you send an email Units (Btu)/Hour (hr) Heat Input.’’ The
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15711
List of Subjects in 40 CFR Part 52 DATES: Written comments must be information whose disclosure is
Environmental protection, Air received on or before April 24, 2015. restricted by statute. Certain other
pollution control, Incorporation by ADDRESSES: Submit your comments, material, such as copyrighted material,
reference, Intergovernmental relations, identified by Docket ID Number EPA– is not placed on the Internet and will be
Nitrogen dioxide, Ozone, Particulate R03–OAR–2014–0883 by one of the publicly available only in hard copy
matter, Reporting and recordkeeping following methods: form. Publicly available docket
requirements. A. www.regulations.gov. Follow the materials are available either
on-line instructions for submitting electronically in www.regulations.gov or
Authority: 42 U.S.C. 7401 et seq. in hard copy during normal business
comments.
Dated: March 10, 2015. B. Email: fernandez.cristina@epa.gov. hours at the Air Protection Division,
William C. Early, C. Mail: EPA–R03–OAR–2014–0883, U.S. Environmental Protection Agency,
Acting Regional Administrator, Region III. Cristina Fernandez, Associate Director, Region III, 1650 Arch Street,
[FR Doc. 2015–06856 Filed 3–24–15; 8:45 am] Office of Air Program Planning, Philadelphia, Pennsylvania 19103.
BILLING CODE 6560–50–P Mailcode 3AP30, U.S. Environmental FOR FURTHER INFORMATION CONTACT:
Protection Agency, Region III, 1650 Irene Shandruk, (215) 814–2166, or by
Arch Street, Philadelphia, Pennsylvania email at shandruk.irene@epa.gov.
ENVIRONMENTAL PROTECTION 19103. SUPPLEMENTARY INFORMATION:
AGENCY D. Hand Delivery: At the previously-
listed EPA Region III address. Such I. Background
40 CFR Part 52 deliveries are only accepted during the On July 18, 1997, EPA revised the
Docket’s normal hours of operation, and health-based NAAQS for ozone based
[EPA–R03–OAR–2014–0883; FRL–9924–96– special arrangements should be made on 8-hour average concentrations. 62 FR
Region–3] for deliveries of boxed information. 38856. The 8-hour averaging period
Instructions: Direct your comments to replaced the previous 1-hour averaging
Approval and Promulgation of Air
Docket ID No. EPA–R03–OAR–2014– period, and the level of the NAAQS was
Quality Implementation Plans;
0883. EPA’s policy is that all comments changed from 0.12 parts per million
Maryland; Determination of Attainment
received will be included in the public (ppm) to 0.08 ppm. Id. On April 30,
of the 1997 8-Hour Ozone National
docket without change, and may be 2004 (69 FR 23858), EPA finalized its
Ambient Air Quality Standard for the
made available online at attainment/nonattainment designations
Baltimore, Maryland Serious
www.regulations.gov, including any for areas across the country for the 1997
Nonattainment Area
personal information provided, unless 8-hour ozone NAAQS. These actions
AGENCY: Environmental Protection the comment includes information became effective on June 15, 2004.
Agency (EPA). claimed to be Confidential Business Among those nonattainment areas was
ACTION: Proposed rule. Information (CBI) or other information the Baltimore Area (specifically, Anne
whose disclosure is restricted by statute. Arundel County, Baltimore City,
SUMMARY: The Environmental Protection Do not submit information that you Baltimore County, Carroll County,
Agency (EPA) is proposing to make a consider to be CBI or otherwise Harford County, and Howard County),
determination that the Baltimore, protected through www.regulations.gov which was designated as a moderate
Maryland Serious Nonattainment Area or email. The www.regulations.gov Web ozone nonattainment area. Id. Later, the
(Baltimore Area) has attained the 1997 site is an ‘‘anonymous access’’ system, Baltimore Area was reclassified as a
8-hour ozone National Ambient Air which means EPA will not know your serious nonattainment area for the 1997
Quality Standard (NAAQS). This identity or contact information unless ozone NAAQS. 77 FR 4901 (February 1,
proposed determination is based upon you provide it in the body of your 2012). See 40 CFR 81.321. Air quality
complete, quality-assured, and certified comment. If you send an email monitoring data from the 2012–2014
ambient air monitoring data that shows comment directly to EPA without going monitoring period indicate that the
the Area has monitored attainment of through www.regulations.gov, your Baltimore Area is now attaining the
the 1997 8-hour ozone NAAQS for the email address will be automatically 1997 8-hour ozone NAAQS.
2012–2014 monitoring period. If this captured and included as part of the Under the provisions of EPA’s ozone
proposal becomes final, the requirement comment that is placed in the public implementation rule (40 CFR 51.918), if
for this Area to submit an attainment docket and made available on the EPA issues a determination that an area
demonstration, reasonably available Internet. If you submit an electronic is attaining the relevant standard
control measures (RACM), a reasonable comment, EPA recommends that you (through a rulemaking that includes
further progress (RFP) plan, and include your name and other contact public notice and comment), it will
contingency measures related to information in the body of your suspend the area’s obligations to submit
attainment of the 1997 8-hour ozone comment and with any disk or CD–ROM an attainment demonstration, RACM,
NAAQS shall be suspended for so long you submit. If EPA cannot read your RFP, contingency measures and other
as the Area continues to attain the 1997 comment due to technical difficulties planning requirements related to
8-hour ozone NAAQS. This action does and cannot contact you for clarification, attainment of the 1997 8-hour ozone
not constitute a redesignation to EPA may not be able to consider your NAAQS for as long as the area continues
attainment. The Baltimore Area will comment. Electronic files should avoid to attain the standard. This suspension
mstockstill on DSK4VPTVN1PROD with PROPOSALS
remain nonattainment for the 1997 8- the use of special characters, any form remains in effect until such time, if ever,
hour ozone NAAQS until such time as of encryption, and be free of any defects that EPA (i) redesignates the area to
EPA determines that the Baltimore Area or viruses. attainment at which time those
meets the Clean Air Act (CAA) Docket: All documents in the requirements no longer apply, or (ii)
requirements for redesignation to electronic docket are listed in the subsequently determines that the area
attainment, including an approved www.regulations.gov index. Although has violated the 1997 8-hour ozone
maintenance plan. This action is being listed in the index, some information is NAAQS. Although these requirements
taken under the CAA. not publicly available, i.e., CBI or other are suspended, EPA is not precluded
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Document Created: 2018-02-21 09:48:56
Document Modified: 2018-02-21 09:48:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before April 24, 2015. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 80 FR 15709 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements |
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