80 FR 32472 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 110 (June 9, 2015)
Federal Register Volume 80, Issue 110 (June 9, 2015)
| Page Range | 32472-32474 | |
| FR Document | 2015-13425 |
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)] [Rules and Regulations] [Pages 32472-32474] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13425] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2015-0089; FRL-9928-65-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving 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: This final rule is effective on July 9, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2015-0089. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (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 through www.regulations.gov or in hard copy for public inspection 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 typical type of equipment that is regulated under this new regulation is a boiler, however, it also applies to process heaters and other applications. On March 25, 2015 (80 FR 15709), EPA published a notice of proposed rulemaking (NPR) for the State of Maryland proposing approval of provisions for biomass fuel-burning equipment. II. Summary of SIP Revision On January 12, 2015, MDE submitted to EPA a SIP revision concerning 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 [[Page 32473]] 23206), which were previously included in the Maryland SIP. 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 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 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 that new biomass fuel-burning equipment would be subject to standards based on federal maximum achievable control technology (MACT), generally available control technology (GACT), and best available control technology (BACT) analysis. Other specific requirements and the rationale for EPA's proposed action are explained in the NPR and the Technical Support Document (TSD) with Docket ID number EPA-R03-OAR-2015-0089 and will not be restated here. No public comments were received on the NPR. Table 1--Emission Standards for Biomass Fuel-Burning Equipment ------------------------------------------------------------------------ Heat input capacity (mmBtu/ hr) PM (pounds/mmBtu) NOX (pounds/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 ------------------------------------------------------------------------ III. Final Action EPA is approving a revision to the Maryland SIP pertaining to provisions for biomass fuel-burning equipment in accordance with CAA section 110. EPA's review of this material indicates that MDE's regulations will result in reductions in PM and NOX , helping Maryland to attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone and PM. IV. Incorporation by Reference In this rulemaking action, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of 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 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, 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 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 rule 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. 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 August 10, 2015. 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 action pertaining to biomass fuel-burning equipment may not be [[Page 32474]] challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 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. Dated: May 20, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended 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. In Sec. 52.1070, the table in paragraph (c) is amended by revising the entries for COMAR 26.11.09.01, 26.11.09.04, 26.11.09.06, 26.11.09.07, and 26.11.09.09, and adding entries for COMAR 26.11.09.10 and 26.11.09.12 in numerical order to read as follows: Sec. 52.1070 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- Code of Maryland State Additional explanation/ Administrative Regulations Title/Subject effective EPA approval date citation at 40 CFR (COMAR) citation date 52.1100 ---------------------------------------------------------------------------------------------------------------- * * * * * * * 26.11.09.01................ Definitions........... 04/28/14 6/9/15 [Insert Federal Definition of Register citation]. ``biomass'' is added. * * * * * * * 26.11.09.04................ Prohibition of Certain 04/28/14 6/9/15 [Insert Federal Revised (C)(1). New Fuel Burning Register citation]. Equipment. * * * * * * * 26.11.09.06................ Control of Particulate 04/28/14 6/9/15 [Insert Federal Revised (D)(1) and Matter. Register citation]. (D)(2). 26.11.09.07................ Control of Sulfur 04/28/14 6/9/15 [Insert Federal Revised (B)(5). Oxides from Fuel Register citation]. Burning Equipment. * * * * * * * 26.11.09.09................ Tables and Diagrams... 4/28/14 6/9/15 [Insert Federal Amended incorrect Register citation]. reference. 26.11.09.10................ Requirements to Burn 04/28/14 6/9/15 [Insert Federal New regulation. Used Oil and Waste Register citation]. Combustible Fluid as Fuel. 26.11.09.12................ Standards for Biomass 04/28/14 6/9/15 [Insert Federal New regulation. Fuel-Burning Register citation]. Equipment Equal to or Greater Than 350,000 Btu/hr. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-13425 Filed 6-8-15; 8:45 am] BILLING CODE 6560-50-P
![32472 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations
States Court of Appeals for the Incorporation by reference, PART 52—APPROVAL AND
appropriate circuit by August 10, 2015. Intergovernmental relations, Lead, PROMULGATION OF
Filing a petition for reconsideration by Nitrogen dioxide, Ozone, Particulate IMPLEMENTATION PLANS
the Administrator of this final rule does matter, Reporting and recordkeeping
not affect the finality of this action for requirements, Sulfur oxides, Volatile ■ 1. The authority citation for part 52
the purposes of judicial review nor does organic compounds. continues to read as follows:
it extend the time within which a Authority: 42 U.S.C. 7401 et seq.
Dated: May 26, 2015.
petition for judicial review may be filed,
and shall not postpone the effectiveness H. Curtis Spalding, Subpart OO—Rhode Island
of such rule or action. This action may Regional Administrator, EPA New England.
■ 2. In § 52.2070 the table in paragraph
not be challenged later in proceedings to
Part 52 of chapter I, title 40 of the (c) is amended by revising the entry for
enforce its requirements. (See section
Code of Federal Regulations is amended state citation ‘‘Air Pollution Control
307(b)(2).)
as follows: Regulation 11’’ to read as follows:
List of Subjects in 40 CFR Part 52
§ 52.2070 Identification of plan.
Environmental protection, Air * * * * *
pollution control, Carbon monoxide, (c) EPA Approved regulations.
EPA-APPROVED RHODE ISLAND REGULATIONS
State
State citation Title/subject effective EPA approval date Explanations
date
* * * * * * *
Air Pollution Petroleum liquids marketing and 12/25/2013 6/9/2015 [Insert Federal Register Includes decommissioning of Stage
Control Regu- storage. citation]. II vapor recovery systems.
lation 11.
* * * * * * *
* * * * * Although listed in the electronic docket, initiatives have recently increased the
[FR Doc. 2015–13944 Filed 6–8–15; 8:45 am] some information is not publicly use of biomass material for combustion
BILLING CODE 6560–50–P available, i.e., confidential business in the State of Maryland. Therefore, the
information (CBI) or other information Maryland Department of the
whose disclosure is restricted by statute. Environment (MDE) has established
ENVIRONMENTAL PROTECTION Certain other material, such as emission standards for the combustion
AGENCY copyrighted material, is not placed on of biomass fuel by developing a new
the Internet and will be publicly Code of Maryland (COMAR) regulation,
40 CFR Part 52 available only in hard copy form. COMAR 26.11.09.12—‘‘Standards for
[EPA–R03–OAR–2015–0089; FRL–9928–65– Publicly available docket materials are Biomass Fuel-Burning Equipment
Region 3] available either electronically through Greater Than 350,000 British Thermal
www.regulations.gov or in hard copy for Units (Btu)/Hour (hr) Heat Input.’’ The
Approval and Promulgation of Air public inspection during normal typical type of equipment that is
Quality Implementation Plans; business hours at the Air Protection regulated under this new regulation is a
Maryland; Biomass Fuel-Burning Division, U.S. Environmental Protection boiler, however, it also applies to
Equipment Standards Agency, Region III, 1650 Arch Street, process heaters and other applications.
AGENCY: Environmental Protection Philadelphia, Pennsylvania 19103. On March 25, 2015 (80 FR 15709), EPA
Agency (EPA). Copies of the State submittal are published a notice of proposed
ACTION: Final rule. available at the Maryland Department of rulemaking (NPR) for the State of
the Environment, 1800 Washington Maryland proposing approval of
SUMMARY: The Environmental Protection Boulevard, Suite 705, Baltimore, provisions for biomass fuel-burning
Agency (EPA) is approving a State Maryland 21230. equipment.
Implementation Plan (SIP) revision FOR FURTHER INFORMATION CONTACT:
submitted by the State of Maryland. II. Summary of SIP Revision
Irene Shandruk, (215) 814–2166, or by
This revision pertains to a new email at shandruk.irene@epa.gov. On January 12, 2015, MDE submitted
regulation for biomass fuel-burning SUPPLEMENTARY INFORMATION: to EPA a SIP revision concerning new
equipment and related amendments to biomass fuel-burning provisions in
existing regulations. This action is being I. Background COMAR 26.11.09.12 and revised
taken under the Clean Air Act (CAA). Biomass materials, which include provisions in COMAR 26.11.09.10 for
DATES: This final rule is effective on July wood residue and wood products, inclusion in the Maryland SIP. The SIP
tkelley on DSK3SPTVN1PROD with RULES
9, 2015. animal manure (including litter and submittal also includes revisions to
ADDRESSES: EPA has established a other bedding materials), vegetative COMAR 26.11.09.01 (February 22, 2011,
docket for this action under Docket ID agricultural materials as well as 76 FR 9650), .04 (November 3, 1992, 57
Number EPA–R03–OAR–2015–0089. All silvicultural materials, can be used as FR 49651), .06 (July 6, 2005, 70 FR
documents in the docket are listed in fuel burned to provide heat and power. 38774), .07 (November 3, 1992, 57 FR
the www.regulations.gov Web site. New technologies and environmental 49651), and .09 (May 1, 2003, 68 FR
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![32474 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations
challenged later in proceedings to Dated: May 20, 2015. Subpart V—Maryland
enforce its requirements. (See section William C. Early,
307(b)(2).) Acting Regional Administrator, Region III. ■ 2. In § 52.1070, the table in paragraph
(c) is amended by revising the entries
List of Subjects in 40 CFR Part 52 40 CFR part 52 is amended as follows: for COMAR 26.11.09.01, 26.11.09.04,
26.11.09.06, 26.11.09.07, and
Environmental protection, Air PART 52—APPROVAL AND 26.11.09.09, and adding entries for
pollution control, Incorporation by PROMULGATION OF COMAR 26.11.09.10 and 26.11.09.12 in
reference, Intergovernmental relations, IMPLEMENTATION PLANS numerical order to read as follows:
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping ■ 1. The authority citation for part 52 § 52.1070 Identification of plan.
requirements. continues to read as follows: * * * * *
Authority: 42 U.S.C. 7401 et seq. (c) * * *
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Mary-
land Administra- State Additional explanation/
tive Regulations Title/Subject effective EPA approval date citation at 40 CFR 52.1100
(COMAR) date
citation
* * * * * * *
26.11.09.01 ....... Definitions ....................................... 04/28/14 6/9/15 [Insert Federal Register Definition of ‘‘biomass’’ is added.
citation].
* * * * * * *
26.11.09.04 ....... Prohibition of Certain New Fuel 04/28/14 6/9/15 [Insert Federal Register Revised (C)(1).
Burning Equipment. citation].
* * * * * * *
26.11.09.06 ....... Control of Particulate Matter .......... 04/28/14 6/9/15 [Insert Federal Register Revised (D)(1) and (D)(2).
citation].
26.11.09.07 ....... Control of Sulfur Oxides from Fuel 04/28/14 6/9/15 [Insert Federal Register Revised (B)(5).
Burning Equipment. citation].
* * * * * * *
26.11.09.09 ....... Tables and Diagrams ..................... 4/28/14 6/9/15 [Insert Federal Register Amended incorrect reference.
citation].
26.11.09.10 ....... Requirements to Burn Used Oil 04/28/14 6/9/15 [Insert Federal Register New regulation.
and Waste Combustible Fluid as citation].
Fuel.
26.11.09.12 ....... Standards for Biomass Fuel-Burn- 04/28/14 6/9/15 [Insert Federal Register New regulation.
ing Equipment Equal to or Great- citation].
er Than 350,000 Btu/hr.
* * * * * * *
* * * * * action to approve a revision to the by July 9, 2015. If EPA receives such
[FR Doc. 2015–13425 Filed 6–8–15; 8:45 am] Commonwealth of Pennsylvania comments, it will publish a timely
BILLING CODE 6560–50–P (Pennsylvania) State Implementation withdrawal of the direct final rule in the
Plan (SIP). EPA is proposing to approve Federal Register and inform the public
the 2011 base year emissions inventory that the rule will not take effect.
ENVIRONMENTAL PROTECTION SIP revision submittal for the 2008 lead ADDRESSES: Submit your comments,
AGENCY National Ambient Air Quality Standards identified by Docket ID Number EPA–
(NAAQS). The base year emissions R03–OAR–2015–0311 by one of the
40 CFR Parts 52, 62, and 81 inventory SIP revision was submitted by following methods:
[EPA–R03–OAR–2015–0311]; FRL–9928– the Pennsylvania Department of A. www.regulations.gov. Follow the
68–Region 3] Environmental Protection (PADEP) on on-line instructions for submitting
February 9, 2015 to meet the comments.
Approval and Promulgation of Air requirements of the Clean Air Act (CAA) B. Email: fernandez.cristina@epa.gov.
Quality Implementation Plans; for the Lyons 2008 lead NAAQS C. Mail: EPA–R03–OAR–2015–0311,
Pennsylvania; 2011 Lead Base Year nonattainment area (hereafter referred to Cristina Fernandez, Associate Director,
Emissions Inventory as the ‘‘Lyons Area’’ or ‘‘Area’’). EPA is Office of Air Program Planning,
tkelley on DSK3SPTVN1PROD with RULES
AGENCY: Environmental Protection approving this revision to the Mailcode 3AP30, U.S. Environmental
Agency (EPA). Pennsylvania SIP in accordance with Protection Agency, Region III, 1650
the requirements of the CAA. Arch Street, Philadelphia, Pennsylvania
ACTION: Direct final rule.
DATES: This rule is effective on August 19103.
SUMMARY: The Environmental Protection 10, 2015 without further notice, unless D. Hand Delivery: At the previously-
Agency (EPA) is taking direct final EPA receives adverse written comment listed EPA Region III address. Such
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Document Created: 2015-12-15 15:25:42
Document Modified: 2015-12-15 15:25:42
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 9, 2015. | |
| Contact | Irene Shandruk, (215) 814-2166, or by email at [email protected] | |
| FR Citation | 80 FR 32472 | |
| 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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