81_FR_31985 81 FR 31887 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills

81 FR 31887 - Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 98 (May 20, 2016)

Page Range31887-31889
FR Document2016-11844

The Environmental Protection Agency (EPA) is proposing to conditionally approve a revision to the Maryland state implementation plan (SIP) submitted by the Maryland Department of the Environment (MDE) on October 15, 2014. The SIP revision adds and amends regulations in the SIP which control emissions from various processes and fuel- burning equipment at Kraft pulp mills. The SIP revision includes the following: (1) A new definition for ``NO<INF>X</INF> Ozone Season Allowance;'' (2) a new regulation with nitrogen oxides (NO<INF>X</INF>) limits for fuel-burning equipment located at Kraft pulp mills; (3) a removal and relocation of existing NO<INF>X</INF> reasonably available control technology (RACT) requirements for Kraft pulp mills into another Maryland regulation; and (4) a revised regulation which clarifies the volatile organic compound (VOC) control system and emission requirements for several process installations at Kraft pulp mills. EPA proposes a conditional approval because the new Maryland definition references the defunct Clean Air Interstate Rule (CAIR) and because MDE provided a commitment to remove all references to CAIR within the definition of ``NO<INF>X</INF> Ozone Season Allowance'' and submit a revised definition as a new SIP revision, no later than a year from EPA finalizing this conditional approval. Upon timely meeting of this commitment, EPA will propose to convert the conditional approval of the SIP revision to a final approval. This action is being taken under the Clean Air Act (CAA).

Federal Register, Volume 81 Issue 98 (Friday, May 20, 2016)
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31887-31889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0054; FRL-9946-67-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Emissions From Various Processes and Fuel-Burning 
Equipment From Kraft Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
conditionally approve a revision to the Maryland state implementation 
plan (SIP) submitted by the Maryland Department of the Environment 
(MDE) on October 15, 2014. The SIP revision adds and amends regulations 
in the SIP which control emissions from various processes and fuel-
burning equipment at Kraft pulp mills. The SIP revision includes the 
following: (1) A new definition for ``NOX Ozone Season 
Allowance;'' (2) a new regulation with nitrogen oxides (NOX) 
limits for fuel-burning equipment located at Kraft pulp mills; (3) a 
removal and relocation of existing NOX reasonably available 
control technology (RACT) requirements for Kraft pulp mills into 
another Maryland regulation; and (4) a revised regulation which 
clarifies the volatile organic compound (VOC) control system and 
emission requirements for several process installations at Kraft pulp 
mills. EPA proposes a conditional approval because the new Maryland 
definition references the defunct Clean Air Interstate Rule (CAIR) and 
because MDE provided a commitment to remove all references to CAIR 
within the definition of ``NOX Ozone Season Allowance'' and 
submit a revised definition as a new SIP revision, no later than a year 
from EPA finalizing this conditional approval. Upon timely meeting of 
this commitment, EPA will propose to convert the conditional approval 
of the SIP revision to a final approval. This action is being taken 
under the Clean Air Act (CAA).

DATES: Written comments on EPA's proposed conditional approval must be 
received on or before June 20, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0054 at http://www.regulations.gov, or via email to 
[email protected]. 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, the 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 Becoat, (215) 814-2036, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On October 15, 2014, EPA received a revision 
to the State of Maryland's SIP submitted by MDE. The SIP revision 
includes Maryland regulations which control emissions from various 
processes and fuel-burning equipment at Kraft pulp mills and which 
clarify the VOC control system and requirements for several process 
installations at Kraft pulp mills.

I. Background

    In the October 15, 2014 SIP revision, MDE's submittal included a 
definition for ``NOX Ozone Season Allowance'' which 
references a defunct CAA program, CAIR. EPA discussed with MDE the need 
to remove all references to CAIR within the definition of 
``NOX Ozone Season Allowance,'' for EPA to approve the 
October 15, 2014 SIP revision.
    In May 2005, EPA promulgated CAIR which required certain states to 
reduce emissions of sulfur dioxide (SO2) and NOX 
that significantly contribute to downwind nonattainment of the 1997 
national ambient air quality standard (NAAQS) for fine particulate 
matter (PM2.5) and ozone. 70 FR 25162 (May 12, 2005). After 
litigation in the United States Court of Appeals for the D.C. Circuit 
(D.C. Circuit) which remanded CAIR to EPA, EPA promulgated the Cross 
State Air Pollution Rule (CSAPR) to replace CAIR and to help states 
reduce air pollution and attain CAA standards. 76 FR 48208 (August 8, 
2011).\1\ In subsequent, additional litigation, CSAPR was initially 
vacated by the D.C. Circuit but upheld by the U.S. Supreme Court. EPA 
v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). EPA began 
implementing CSAPR in January 2015 as CAIR's replacement. See 79 FR 
71663 (December 3, 2014) (interim final rulemaking issued after DC 
Circuit lifted stay on CSAPR).\2\
---------------------------------------------------------------------------

    \1\ CSAPR requires substantial reductions of SO2 and 
NOx emissions in 28 states in the eastern United States that 
significantly contribute to downwind nonattainment of the 1997 
PM2.5 and ozone NAAQS and 2006 PM2.5 NAAQS.
    \2\ Thus, after December 31, 2014, CAIR was replaced by CSAPR 
and was a defunct, moot CAA program no longer implemented by EPA.
---------------------------------------------------------------------------

    On September 29, 2015, EPA received a supplemental letter from MDE 
committing to remove all references to CAIR within the definition of 
``NOX Ozone Season Allowance,'' as a SIP revision, no later 
than a year from EPA finalizing our conditional approval of the SIP 
submittal. Upon final approval of the revised definition of 
``NOX Ozone Season Allowance'' as a SIP revision, EPA will 
convert the conditional approval of the October 15, 2014 SIP submission 
with the regulations and requirements for Kraft pulp mills to a full 
approval.

II. Summary of SIP Revision

    MDE's SIP revision includes amended and new regulations in order to 
control emissions from various processes and fuel-burning equipment at 
Kraft pulp mills. The SIP revision submittal includes an amendment to 
the Code of Maryland Regulations (COMAR) 26.11.01.01--``General 
Administrative Provisions'' in order to add a definition for 
``NOX Ozone Season Allowance.'' This definition was added to 
the COMAR by Maryland because the NOX emission limitations 
for the Kraft pulp mills rely on use of NOX allowances. 
Because the definition in COMAR 26.11.01.01 makes references to CAIR 
which sunset on December 31, 2014 as

[[Page 31888]]

EPA is now implementing CSAPR, EPA cannot fully approve the definition 
for ``NOX Ozone Season Allowance.'' MDE has committed to 
remove references to CAIR and submit a revised definition in a separate 
SIP submittal. The October 15, 2014 SIP revision also seeks to add to 
the SIP COMAR 26.11.14.07--``Control of NOX Emissions from 
Fuel Burning Equipment'' in order to: (1) Establish the applicability 
and NOX emission standards to any fuel burning equipment 
with a maximum design heat input capacity of greater than 250 million 
British thermal unit (Btu) per hour located at any Kraft pulp mill; (2) 
establish NOX emission limits for Kraft pulp mills including 
an emission rate of 0.70 pounds of NOX per million Btu, an 
emission limit of 947 tons of NOX during the period May 1 
through September 30 of each year, and an emission rate of 0.99 pounds 
of NOX per million Btu during the period of October 1 
through April 30 of each year; (3) establish the requirements for 
demonstrating compliance with the NOX limits; (4) permit 
pulp mills to secure up to 95 allowances for each period in which a 
mill exceeds the 947 ton emission cap from May through September 30 of 
each year; (5) specify the process of achieving compliance through the 
use of allowances; and (6) establish monitoring and reporting 
requirements. The NOX emission limitations of 0.70 pounds of 
NOX per million Btu from May 1 through September 30 of each 
year and 0.99 pounds of NOX per million Btu during the 
period of October 1 through April 30 of each year were previously 
included in COMAR 26.11.09.08 and are already included in the Maryland 
SIP. See 69 FR 56170 (September 20, 2004). Thus, these provisions are 
not new to the SIP, but merely relocated. Pursuant to the 
NOX SIP Call at COMAR 26.11.29 and .30, the sole Kraft pulp 
mill in Maryland was allocated 947 allowances for NOX 
emissions. COMAR 26.11.29 and .30 are in the existing Maryland SIP. 
With this SIP revision, Maryland seeks to include the 947 ton 
NOX cap in the Maryland SIP at COMAR 26.11.14.07. Thus, the 
October 15, 2014 SIP revision simply relocates the 947 ton 
NOX cap within the Maryland SIP.
    The SIP revision also includes an amended COMAR 26.11.09.08--
``Control of NOX Emissions for Major Stationary Sources'' in 
order to remove from this provision subsection (C)(h) which has 
NOX requirements for the fuel burning equipment at non-
electric generating facilities. Maryland requests removal of this 
subsection (C)(h) of COMAR 26.11.09.08 from the Maryland SIP because 
the NOX requirements for pulp mills to meet a NOX 
emissions rate of 0.70 pounds per million Btu during the period May 1 
to September 30 of each year and 0.99 during the period October 1 
through April 30 of each year have been relocated to COMAR 26.11.14.07.
    Finally, the SIP revision also includes a revised COMAR 
26.11.14.06--``Control of Volatile Organic Compounds'' in order to: (1) 
Clarify that air emissions from brown stock washers are to be collected 
and combusted; (2) clarify that evaporators, digester blow tank 
systems, and brown stock wasters shall be controlled by removing 90 
percent (90%) or more of the condensate VOC loading by demonstrating a 
VOC removal or destruction efficiency of the condensate stream stripper 
of 90% or greater or a system analysis of these units; and (3) specify 
approvable testing methods to demonstrate the collective VOC removal 
efficiency of the condensate steam stripper and other control systems 
as required. This provision will reduce VOC emissions from Kraft pulp 
mills and will strengthen the Maryland SIP.
    A full explanation of the SIP revision and EPA's analysis of the 
revision are contained in the technical support document (TSD) prepared 
in support of this proposed rulemaking. A copy of this TSD is located 
in the docket of this proposed rulemaking and is available online at 
www.regulations.gov.

III. Proposed Action

    EPA is proposing to conditionally approve the Maryland October 15, 
2014 SIP revision concerning the regulations and requirements to 
control NOX and VOC emissions from various processes and 
fuel-burning equipment at Kraft pulp mills as it strengthens the SIP 
with provisions related to controlling emissions of NOX and 
VOC. Pursuant to section 110(k)(4) of the CAA, EPA's proposal is to 
conditionally approve the October 15, 2014 SIP revision because 
Maryland committed in a letter dated September 29, 2015 to submit to 
EPA a SIP revision removing all references to CAIR, a defunct CAA 
program, within the definition of ``NOX Ozone Season 
Allowance'' in COMAR 26.11.01.01, no later than a year from EPA 
finalizing our conditional approval.
    When EPA approves the revised definition of ``NOX Ozone 
Season Allowance'' in COMAR 26.11.01.01, EPA will remove the 
conditional nature of its approval, and the October 15, 2014 SIP 
revision will, at that time, receive a full approval status. Should MDE 
fail to meet the condition specified in this rulemaking action, the 
final conditional approval of the SIP revision will convert to a 
disapproval. 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 proposed rulemaking action, 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 revisions to COMAR 26.11.01.01, 
COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 26.11.14.06 as 
previously discussed. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or may be viewed at the appropriate EPA 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 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

[[Page 31889]]

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 the regulations and 
requirements for the control of emissions from various processes and 
fuel-burning equipment from Kraft pulp mills, 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: May 3, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-11844 Filed 5-19-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules                                                  31887

                                                    List of Subjects in 40 CFR Part 52                      approval of the SIP revision to a final                  In May 2005, EPA promulgated CAIR
                                                      Environmental protection, Air                         approval. This action is being taken                  which required certain states to reduce
                                                    pollution control, Incorporation by                     under the Clean Air Act (CAA).                        emissions of sulfur dioxide (SO2) and
                                                    reference, Ozone, Volatile organic                      DATES: Written comments on EPA’s                      NOX that significantly contribute to
                                                    compounds.                                              proposed conditional approval must be                 downwind nonattainment of the 1997
                                                                                                            received on or before June 20, 2016.                  national ambient air quality standard
                                                       Authority: 42 U.S.C. 7401 et seq.                                                                          (NAAQS) for fine particulate matter
                                                                                                            ADDRESSES: Submit your comments,
                                                      Dated: May 3, 2016.                                   identified by Docket ID No. EPA–R03–                  (PM2.5) and ozone. 70 FR 25162 (May
                                                    Shawn M. Garvin,                                        OAR–2016–0054 at http://                              12, 2005). After litigation in the United
                                                    Regional Administrator, Region III.                     www.regulations.gov, or via email to                  States Court of Appeals for the D.C.
                                                    [FR Doc. 2016–11845 Filed 5–19–16; 8:45 am]             fernandez.cristina@epa.gov. For                       Circuit (D.C. Circuit) which remanded
                                                    BILLING CODE 6560–50–P                                  comments submitted at Regulations.gov,                CAIR to EPA, EPA promulgated the
                                                                                                            follow the online instructions for                    Cross State Air Pollution Rule (CSAPR)
                                                                                                            submitting comments. Once submitted,                  to replace CAIR and to help states
                                                    ENVIRONMENTAL PROTECTION                                comments cannot be edited or removed                  reduce air pollution and attain CAA
                                                    AGENCY                                                  from Regulations.gov. For either manner               standards. 76 FR 48208 (August 8,
                                                                                                            of submission, the EPA may publish any                2011).1 In subsequent, additional
                                                    40 CFR Part 52                                          comment received to its public docket.                litigation, CSAPR was initially vacated
                                                    [EPA–R03–OAR–2016–0054; FRL–9946–67–                    Do not submit electronically any                      by the D.C. Circuit but upheld by the
                                                    Region 3]                                               information you consider to be                        U.S. Supreme Court. EPA v. EME Homer
                                                                                                            confidential business information (CBI)               City Generation, L.P., 134 S. Ct. 1584
                                                    Approval and Promulgation of Air                        or other information whose disclosure is              (2014). EPA began implementing
                                                    Quality Implementation Plans;                           restricted by statute. Multimedia                     CSAPR in January 2015 as CAIR’s
                                                    Maryland; Control of Emissions From                     submissions (audio, video, etc.) must be              replacement. See 79 FR 71663
                                                    Various Processes and Fuel-Burning                      accompanied by a written comment.                     (December 3, 2014) (interim final
                                                    Equipment From Kraft Pulp Mills                         The written comment is considered the                 rulemaking issued after DC Circuit lifted
                                                                                                            official comment and should include                   stay on CSAPR).2
                                                    AGENCY:  Environmental Protection                                                                                On September 29, 2015, EPA received
                                                    Agency (EPA).                                           discussion of all points you wish to
                                                                                                            make. EPA will generally not consider                 a supplemental letter from MDE
                                                    ACTION: Proposed rule.                                                                                        committing to remove all references to
                                                                                                            comments or comment contents located
                                                                                                            outside of the primary submission (i.e.               CAIR within the definition of ‘‘NOX
                                                    SUMMARY:    The Environmental Protection
                                                    Agency (EPA) is proposing to                            on the web, cloud, or other file sharing              Ozone Season Allowance,’’ as a SIP
                                                    conditionally approve a revision to the                 system). For additional submission                    revision, no later than a year from EPA
                                                    Maryland state implementation plan                      methods, please contact the person                    finalizing our conditional approval of
                                                    (SIP) submitted by the Maryland                         identified in the FOR FURTHER                         the SIP submittal. Upon final approval
                                                    Department of the Environment (MDE)                     INFORMATION CONTACT section. For the
                                                                                                                                                                  of the revised definition of ‘‘NOX Ozone
                                                    on October 15, 2014. The SIP revision                   full EPA public comment policy,                       Season Allowance’’ as a SIP revision,
                                                    adds and amends regulations in the SIP                  information about CBI or multimedia                   EPA will convert the conditional
                                                    which control emissions from various                    submissions, and general guidance on                  approval of the October 15, 2014 SIP
                                                    processes and fuel-burning equipment                    making effective comments, please visit               submission with the regulations and
                                                    at Kraft pulp mills. The SIP revision                   http://www2.epa.gov/dockets/                          requirements for Kraft pulp mills to a
                                                    includes the following: (1) A new                       commenting-epa-dockets.                               full approval.
                                                    definition for ‘‘NOX Ozone Season                       FOR FURTHER INFORMATION CONTACT:                      II. Summary of SIP Revision
                                                    Allowance;’’ (2) a new regulation with                  Gregory Becoat, (215) 814–2036, or by                    MDE’s SIP revision includes amended
                                                    nitrogen oxides (NOX) limits for fuel-                  email at becoat.gregory@epa.gov.                      and new regulations in order to control
                                                    burning equipment located at Kraft pulp                 SUPPLEMENTARY INFORMATION: On                         emissions from various processes and
                                                    mills; (3) a removal and relocation of                  October 15, 2014, EPA received a                      fuel-burning equipment at Kraft pulp
                                                    existing NOX reasonably available                       revision to the State of Maryland’s SIP               mills. The SIP revision submittal
                                                    control technology (RACT) requirements                  submitted by MDE. The SIP revision                    includes an amendment to the Code of
                                                    for Kraft pulp mills into another                       includes Maryland regulations which                   Maryland Regulations (COMAR)
                                                    Maryland regulation; and (4) a revised                  control emissions from various                        26.11.01.01—‘‘General Administrative
                                                    regulation which clarifies the volatile                 processes and fuel-burning equipment                  Provisions’’ in order to add a definition
                                                    organic compound (VOC) control                          at Kraft pulp mills and which clarify the             for ‘‘NOX Ozone Season Allowance.’’
                                                    system and emission requirements for                    VOC control system and requirements                   This definition was added to the
                                                    several process installations at Kraft                  for several process installations at Kraft            COMAR by Maryland because the NOX
                                                    pulp mills. EPA proposes a conditional                  pulp mills.                                           emission limitations for the Kraft pulp
                                                    approval because the new Maryland                                                                             mills rely on use of NOX allowances.
                                                    definition references the defunct Clean                 I. Background
                                                                                                                                                                  Because the definition in COMAR
                                                    Air Interstate Rule (CAIR) and because                     In the October 15, 2014 SIP revision,              26.11.01.01 makes references to CAIR
                                                    MDE provided a commitment to remove                     MDE’s submittal included a definition
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                                                                  which sunset on December 31, 2014 as
                                                    all references to CAIR within the                       for ‘‘NOX Ozone Season Allowance’’
                                                    definition of ‘‘NOX Ozone Season                        which references a defunct CAA                          1 CSAPR requires substantial reductions of SO
                                                                                                                                                                                                                  2
                                                    Allowance’’ and submit a revised                        program, CAIR. EPA discussed with                     and NOx emissions in 28 states in the eastern
                                                    definition as a new SIP revision, no later              MDE the need to remove all references                 United States that significantly contribute to
                                                    than a year from EPA finalizing this                    to CAIR within the definition of ‘‘NOX                downwind nonattainment of the 1997 PM2.5 and
                                                                                                                                                                  ozone NAAQS and 2006 PM2.5 NAAQS.
                                                    conditional approval. Upon timely                       Ozone Season Allowance,’’ for EPA to                    2 Thus, after December 31, 2014, CAIR was
                                                    meeting of this commitment, EPA will                    approve the October 15, 2014 SIP                      replaced by CSAPR and was a defunct, moot CAA
                                                    propose to convert the conditional                      revision.                                             program no longer implemented by EPA.



                                               VerDate Sep<11>2014   17:17 May 19, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\20MYP1.SGM   20MYP1


                                                    31888                      Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules

                                                    EPA is now implementing CSAPR, EPA                      SIP because the NOX requirements for                  approval of the SIP revision will convert
                                                    cannot fully approve the definition for                 pulp mills to meet a NOX emissions rate               to a disapproval. EPA is soliciting
                                                    ‘‘NOX Ozone Season Allowance.’’ MDE                     of 0.70 pounds per million Btu during                 public comments on the issues
                                                    has committed to remove references to                   the period May 1 to September 30 of                   discussed in this document. These
                                                    CAIR and submit a revised definition in                 each year and 0.99 during the period                  comments will be considered before
                                                    a separate SIP submittal. The October                   October 1 through April 30 of each year               taking final action.
                                                    15, 2014 SIP revision also seeks to add                 have been relocated to COMAR
                                                                                                            26.11.14.07.                                          IV. Incorporation by Reference
                                                    to the SIP COMAR 26.11.14.07—
                                                    ‘‘Control of NOX Emissions from Fuel                       Finally, the SIP revision also includes              In this proposed rulemaking action,
                                                    Burning Equipment’’ in order to: (1)                    a revised COMAR 26.11.14.06—                          EPA is proposing to include in a final
                                                    Establish the applicability and NOX                     ‘‘Control of Volatile Organic                         EPA rule, regulatory text that includes
                                                    emission standards to any fuel burning                  Compounds’’ in order to: (1) Clarify that             incorporation by reference. In
                                                    equipment with a maximum design heat                    air emissions from brown stock washers                accordance with requirements of 1 CFR
                                                    input capacity of greater than 250                      are to be collected and combusted; (2)                51.5, EPA is proposing to incorporate by
                                                    million British thermal unit (Btu) per                  clarify that evaporators, digester blow               reference revisions to COMAR
                                                    hour located at any Kraft pulp mill; (2)                tank systems, and brown stock wasters                 26.11.01.01, COMAR 26.11.14.07,
                                                    establish NOX emission limits for Kraft                 shall be controlled by removing 90                    COMAR 26.11.09.08, and COMAR
                                                    pulp mills including an emission rate of                percent (90%) or more of the condensate               26.11.14.06 as previously discussed.
                                                    0.70 pounds of NOX per million Btu, an                  VOC loading by demonstrating a VOC                    EPA has made, and will continue to
                                                    emission limit of 947 tons of NOX                       removal or destruction efficiency of the              make, these documents generally
                                                    during the period May 1 through                         condensate stream stripper of 90% or                  available electronically through
                                                    September 30 of each year, and an                       greater or a system analysis of these                 www.regulations.gov and/or may be
                                                    emission rate of 0.99 pounds of NOX per                 units; and (3) specify approvable testing             viewed at the appropriate EPA office
                                                    million Btu during the period of October                methods to demonstrate the collective                 (see the ADDRESSES section of this
                                                    1 through April 30 of each year; (3)                    VOC removal efficiency of the                         preamble for more information).
                                                    establish the requirements for                          condensate steam stripper and other
                                                                                                            control systems as required. This                     V. Statutory and Executive Order
                                                    demonstrating compliance with the
                                                                                                            provision will reduce VOC emissions                   Reviews
                                                    NOX limits; (4) permit pulp mills to
                                                    secure up to 95 allowances for each                     from Kraft pulp mills and will                           Under the CAA, the Administrator is
                                                    period in which a mill exceeds the 947                  strengthen the Maryland SIP.                          required to approve a SIP submission
                                                    ton emission cap from May through                          A full explanation of the SIP revision             that complies with the provisions of the
                                                    September 30 of each year; (5) specify                  and EPA’s analysis of the revision are                CAA and applicable Federal regulations.
                                                                                                            contained in the technical support                    42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    the process of achieving compliance
                                                                                                            document (TSD) prepared in support of                 Thus, in reviewing SIP submissions,
                                                    through the use of allowances; and (6)
                                                                                                            this proposed rulemaking. A copy of                   EPA’s role is to approve state choices,
                                                    establish monitoring and reporting
                                                                                                            this TSD is located in the docket of this             provided that they meet the criteria of
                                                    requirements. The NOX emission
                                                                                                            proposed rulemaking and is available                  the CAA. Accordingly, this action
                                                    limitations of 0.70 pounds of NOX per
                                                                                                            online at www.regulations.gov.                        merely approves state law as meeting
                                                    million Btu from May 1 through
                                                    September 30 of each year and 0.99                      III. Proposed Action                                  Federal requirements and does not
                                                    pounds of NOX per million Btu during                       EPA is proposing to conditionally                  impose additional requirements beyond
                                                    the period of October 1 through April 30                approve the Maryland October 15, 2014                 those imposed by state law. For that
                                                    of each year were previously included                   SIP revision concerning the regulations               reason, this proposed action:
                                                    in COMAR 26.11.09.08 and are already                    and requirements to control NOX and                      • Is not a ‘‘significant regulatory
                                                    included in the Maryland SIP. See 69                    VOC emissions from various processes                  action’’ subject to review by the Office
                                                    FR 56170 (September 20, 2004). Thus,                    and fuel-burning equipment at Kraft                   of Management and Budget under
                                                    these provisions are not new to the SIP,                pulp mills as it strengthens the SIP with             Executive Orders 12866 (58 FR 51735,
                                                    but merely relocated. Pursuant to the                   provisions related to controlling                     October 4, 1993) and 13563 (76 FR 3821,
                                                    NOX SIP Call at COMAR 26.11.29 and                      emissions of NOX and VOC. Pursuant to                 January 21, 2011);
                                                    .30, the sole Kraft pulp mill in Maryland               section 110(k)(4) of the CAA, EPA’s                      • does not impose an information
                                                    was allocated 947 allowances for NOX                    proposal is to conditionally approve the              collection burden under the provisions
                                                    emissions. COMAR 26.11.29 and .30 are                   October 15, 2014 SIP revision because                 of the Paperwork Reduction Act (44
                                                    in the existing Maryland SIP. With this                 Maryland committed in a letter dated                  U.S.C. 3501 et seq.);
                                                    SIP revision, Maryland seeks to include                 September 29, 2015 to submit to EPA a                    • is certified as not having a
                                                    the 947 ton NOX cap in the Maryland                     SIP revision removing all references to               significant economic impact on a
                                                    SIP at COMAR 26.11.14.07. Thus, the                     CAIR, a defunct CAA program, within                   substantial number of small entities
                                                    October 15, 2014 SIP revision simply                    the definition of ‘‘NOX Ozone Season                  under the Regulatory Flexibility Act (5
                                                    relocates the 947 ton NOX cap within                    Allowance’’ in COMAR 26.11.01.01, no                  U.S.C. 601 et seq.);
                                                    the Maryland SIP.                                       later than a year from EPA finalizing our                • does not contain any unfunded
                                                       The SIP revision also includes an                    conditional approval.                                 mandate or significantly or uniquely
                                                    amended COMAR 26.11.09.08—                                 When EPA approves the revised                      affect small governments, as described
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                                                    ‘‘Control of NOX Emissions for Major                    definition of ‘‘NOX Ozone Season                      in the Unfunded Mandates Reform Act
                                                    Stationary Sources’’ in order to remove                 Allowance’’ in COMAR 26.11.01.01,                     of 1995 (Pub. L. 104–4);
                                                    from this provision subsection (C)(h)                   EPA will remove the conditional nature                   • does not have federalism
                                                    which has NOX requirements for the                      of its approval, and the October 15, 2014             implications as specified in Executive
                                                    fuel burning equipment at non-electric                  SIP revision will, at that time, receive a            Order 13132 (64 FR 43255, August 10,
                                                    generating facilities. Maryland requests                full approval status. Should MDE fail to              1999);
                                                    removal of this subsection (C)(h) of                    meet the condition specified in this                     • is not an economically significant
                                                    COMAR 26.11.09.08 from the Maryland                     rulemaking action, the final conditional              regulatory action based on health or


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                                                                               Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Proposed Rules                                           31889

                                                    safety risks subject to Executive Order                 excepts from the TCPA’s prior-express-                Room CY–A257, Washington, DC 20554.
                                                    13045 (62 FR 19885, April 23, 1997);                    consent requirement autodialed and                    A copy of document FCC 16–57 and any
                                                      • is not a significant regulatory action              prerecorded calls ‘‘made solely to                    subsequently filed documents in this
                                                    subject to Executive Order 13211 (66 FR                 collect a debt owed to or guaranteed by               matter may also be found by searching
                                                    28355, May 22, 2001);                                   the United States.’’                                  ECFS at: http://apps.fcc.gov/ecfs/ (insert
                                                      • is not subject to requirements of                   DATES: Comments are due on or before                  CG Docket No. 02–278 into the
                                                    Section 12(d) of the National                           June 6, 2016. Reply comments are due                  Proceeding block).
                                                    Technology Transfer and Advancement                     on or before June 21, 2016.
                                                    Act of 1995 (15 U.S.C. 272 note) because                                                                        Pursuant to 47 CFR 1.415, 1.419,
                                                                                                            ADDRESSES: You may submit comments                    interested parties may file comments
                                                    application of those requirements would                 identified by CG Docket No. 02–278 by
                                                    be inconsistent with the CAA; and                                                                             and reply comments on or before the
                                                                                                            any of the following methods:                         dates indicated on the first page of this
                                                      • does not provide EPA with the                          • Electronic Filers: Comments may be
                                                    discretionary authority to address, as                                                                        document. Comments may be filed
                                                                                                            filed electronically using the Internet by
                                                    appropriate, disproportionate human                                                                           using ECFS. See Electronic Filing of
                                                                                                            accessing the Commission’s Electronic
                                                    health or environmental effects, using                  Comment Filing System (ECFS), through                 Documents in Rulemaking Proceedings,
                                                    practicable and legally permissible                     the Commission’s Web site: http://                    63 FR 24121 (1998).
                                                    methods, under Executive Order 12898                    apps.fcc.gov/ecfs/. Filers should follow                • All hand-delivered or messenger-
                                                    (59 FR 7629, February 16, 1994).                        the instructions provided on the Web                  delivered paper filings for the
                                                      In addition, this proposed rule,                      site for submitting comments. For ECFS                Commission’s Secretary must be
                                                    pertaining to the regulations and                       filers, in completing the transmittal                 delivered to FCC Headquarters at 445
                                                    requirements for the control of                         screen, filers should include their full              12th Street SW., Room TW–A325,
                                                    emissions from various processes and                    name, U.S. Postal service mailing                     Washington, DC 20554. All hand
                                                    fuel-burning equipment from Kraft pulp                  address, and CG Docket No. 02–278.                    deliveries must be held together with
                                                    mills, does not have tribal implications                   • Paper Filers: Parties who choose to              rubber bands or fasteners. Any
                                                    as specified by Executive Order 13175                   file by paper must file an original and               envelopes must be disposed of before
                                                    (65 FR 67249, November 9, 2000),                        one copy of each filing. Filings can be               entering the building.
                                                    because the SIP is not approved to apply                sent by hand or messenger delivery, by
                                                    in Indian country located in the state,                                                                         • Commercial Mail sent by overnight
                                                                                                            commercial overnight courier, or by
                                                    and EPA notes that it will not impose                                                                         mail (other than U.S. Postal Service
                                                                                                            first-class or overnight U.S. Postal
                                                    substantial direct costs on tribal                                                                            Express Mail and Priority Mail) must be
                                                                                                            Service mail (although the Commission
                                                    governments or preempt tribal law.                                                                            sent to 9300 East Hampton Drive,
                                                                                                            continues to experience delays in
                                                                                                            receiving U.S. Postal Service mail). All              Capitol Heights, MD 20743.
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            filings must be addressed to the                        • U.S. Postal Service first-class,
                                                      Environmental protection, Air                         Commission’s Secretary, Office of the                 Express, and Priority mail should be
                                                    pollution control, Incorporation by                     Secretary, Federal Communications                     addressed to 445 12th Street SW.,
                                                    reference, Nitrogen dioxide, Ozone,                     Commission.                                           Washington, DC 20554.
                                                    Reporting and recordkeeping                                For detailed instructions for
                                                    requirements, Volatile organic                                                                                  Pursuant to § 1.1200 of the
                                                                                                            submitting comments and additional                    Commission’s rules, 47 CFR 1.1200, this
                                                    compounds.                                              information on the rulemaking process,                matter shall be treated as a ‘‘permit-but-
                                                       Authority: 42 U.S.C. 7401 et seq.                    see the SUPPLEMENTARY INFORMATION                     disclose’’ proceeding in accordance
                                                      Dated: May 3, 2016.                                   section of this document.                             with the Commission’s ex parte rules.
                                                    Shawn M. Garvin,                                        FOR FURTHER INFORMATION CONTACT:                      Persons making oral ex parte
                                                    Regional Administrator, Region III.                     Kristi Thornton, Consumer Policy                      presentations are reminded that
                                                                                                            Division, Consumer and Governmental                   memoranda summarizing the
                                                    [FR Doc. 2016–11844 Filed 5–19–16; 8:45 am]
                                                                                                            Affairs Bureau, Federal                               presentations must contain summaries
                                                    BILLING CODE 6560–50–P
                                                                                                            Communications Commission, 445 12th                   of the substances of the presentations
                                                                                                            Street SW., Washington, DC 20554 by                   and not merely a listing of the subjects
                                                                                                            phone at (202) 418–2467 or by email at:               discussed. More than a one or two
                                                    FEDERAL COMMUNICATIONS                                  Kristi.Thornton@fcc.gov.
                                                    COMMISSION                                                                                                    sentence description of the views and
                                                                                                            SUPPLEMENTARY INFORMATION: This is a                  arguments presented is generally
                                                    47 CFR Part 64                                          summary of the Commission’s Notice of                 required. See 47 CFR 1.1206(b). Other
                                                                                                            Proposed Rulemaking (NPRM), Rules                     rules pertaining to oral and written ex
                                                    [CG Docket No. 02–278; FCC 16–57]                       and Regulations Implementing the                      parte presentations in permit-but-
                                                                                                            TCPA of 1991, CG Docket No. 02–278,                   disclose proceedings are set forth in
                                                    Rules and Regulations Implementing                      FCC 16–57, adopted May 24, 2016, and
                                                    the Telephone Consumer Protection                                                                             § 1.1206(b) of the Commission’s rules,
                                                                                                            released May 6, 2016. A copy of
                                                    Act of 1991                                                                                                   47 CFR 1.1206(b).
                                                                                                            document FCC 16–57 and any
                                                    AGENCY:  Federal Communications                         subsequently filed documents in this                    To request materials in accessible
                                                    Commission.                                             matter will be available during regular               formats for people with disabilities
                                                                                                            business hours at the FCC Reference                   (braille, large print, electronic files,
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                                                    ACTION: Proposed rule.
                                                                                                            Center, Portals II, 445 12th Street SW.,              audio format), send an email to fcc504@
                                                    SUMMARY:  In this document, the Federal                 Room CY–A257, Washington, DC 20554,                   fcc.gov or call the Consumer and
                                                    Communications Commission                               (202) 418–0270. The full text of                      Governmental Affairs Bureau at (202)
                                                    (Commission) invites comment on                         document FCC 16–57 will be available                  418–0530 (voice), (202) 418–0432
                                                    proposed revisions to its rules under the               for public inspection and copying via                 (TTY). Document FCC 16–57 can also be
                                                    Telephone Consumer Protection Act                       ECFS, and during regular business                     downloaded in Word or Portable
                                                    (TCPA) to implement a provision of the                  hours at the FCC Reference Information                Document Format (PDF) at: http://
                                                    Bipartisan Budget Act of 2015 that                      Center, Portals II, 445 12th Street SW.,              www.fcc.gov/cgb/policy.


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Document Created: 2016-05-20 02:00:25
Document Modified: 2016-05-20 02:00:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments on EPA's proposed conditional approval must be received on or before June 20, 2016.
ContactGregory Becoat, (215) 814-2036, or by email at [email protected]
FR Citation81 FR 31887 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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