[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15709-15711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06856]


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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.

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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