[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Proposed Rules]
[Pages 39605-39607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14394]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0042; FRL-9947-84-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revisions and Amendments to Regulations for Continuous 
Opacity Monitoring, Continuous Emissions Monitoring, and Quality 
Assurance Requirements for Continuous Opacity Monitors

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 revisions to Maryland 
regulations for continuous opacity monitoring (COM or COMs) and 
continuous emissions monitoring (CEM or CEMs) and to an amendment 
adding requirements for Quality Assurance and Quality Control (QA/QC) 
as they pertain to COMs. This action is being taken under the Clean Air 
Act (CAA).

DATES: Written comments must be received on or before July 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0042 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. The 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: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On November 24, 2015, the State of Maryland 
through the Maryland Department of the Environment (MDE) submitted a 
revision to the Maryland SIP comprised of revisions and amendments to 
COMAR 26.01.01 General Administrative Requirements related to 
requirements for COMs and CEMs and the addition of new COMAR 26.01.31 
Quality Assurance Requirements for Continuous Opacity Monitors (COMs). 
On February 26, 2016, MDE provided a supplemental letter indicating MDE 
was excluding portions of COMAR 26.11.01 submitted in the November 24, 
2015 SIP submittal from EPA's review and consideration as a SIP 
revision. The February 26, 2016 letter from MDE is available in the 
docket for this rulemaking and is available online at http://www.regulations.gov.\1\
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    \1\ Specifically, in the February 26, 2016 letter from MDE to 
EPA, MDE withdrew from EPA's review and consideration the text in 
COMAR 26.11.01.10.A(4), in COMAR 26.11.01.10.B(4), in COMAR 
26.11.01.10D(2)(c), and in COMAR 26.11.01.10.F which had initially 
been included in the November 25, 2015 SIP submittal.
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I. Background

    On February 28, 1996 (61 FR 6418), EPA approved Maryland regulation 
COMAR 26.11.01.10 Continuous Emissions Monitoring (CEM) Requirements 
into the Maryland SIP. COMAR 26.11.01.10 required large fuel-burning 
equipment burning coal and residual oil to install COMs and demonstrate 
compliance using COM data. The regulation established monitoring 
requirements, CEM installation requirements, CEM installation and 
certification schedules, quality assurance procedures for opacity 
monitors, and recordkeeping and reporting requirements. The regulation 
incorporated by reference Maryland's Technical Memorandum 90-01 (TM 
90), and required compliance determinations for the State's visible 
emissions limits and QA/QC for COMs in accordance with the procedures 
therein. The terms CEMs and COMs are used interchangeably in COMAR 
26.11.01.10, therefore MDE determined it was necessary to establish 
separate

[[Page 39606]]

requirements for each. The November 24, 2015 SIP submittal, as 
clarified and amended on February 26, 2016 by MDE, includes revisions 
to COMs and CEMs definitions in COMAR 26.11.01.01, a revised COMAR 
26.11.01.10 for COMs, a new COMAR 26.11.01.11 for CEMs, and new COMAR 
26.11.38 for QA/QC procedures related to COMs. TM 90, as incorporated 
in Maryland's SIP, establishes CEMs policies and procedures for 
enforcement actions, and sets forth levels of enforcement action 
responses based on a source's operating time during a calendar quarter. 
It also allows exceedances to occur up to 10 percent of a source's 
operating time in addition to an existing six minute per hour 
exclusion, and established specific enforcement actions based on a 
source's number of exceedances during the quarter and for repeated 
exceedances for consecutive calendar quarters. The November 24, 2015 
submittal, as amended by MDE's February 26, 2016 letter, removes the 
requirement to use TM 90 for enforcement actions and for QA/QC 
requirements on applicable fuel-burning equipment and removes 
references to TM 90.

II. Summary of SIP Revision

    The revision is comprised of four State actions pertaining to 
adjusted requirements for COMs and CEMs in COMAR 26.11.01.01 and COMAR 
26.11.01.10, new CEMs provisions in COMAR 26.11.01.11, and new QA/QC 
requirements in COMAR 26.11.31. These four actions are a series of 
regulatory actions that result in a recodification of some existing 
requirements for COMs and CEMs, establishment of separate regulations 
and requirements for COMs and CEMs, removal of applicability of TM 90 
for certain fuel-burning equipment and removal of references to TM 90, 
and codification of the QA/QC requirements for COMs that were formerly 
incorporated by reference in TM 90. A summary of MDE's four regulatory 
actions are provided in this notice. Additional details regarding the 
four actions and EPA's analysis of the revised regulations are provided 
in EPA's Technical Support Document (TSD) dated April 5, 2016, and can 
be found in the docket for this proposed rulemaking action available 
online at http://www.regulations.gov.
    First, on April 14, 2011, MDE adopted amendments to COMAR 26.11.01 
General Administrative Requirements. To establish separate regulations 
for COMs and CEMs, the April 14, 2011 action clarified the definition 
for CEMs and added a definition of COMs at COMAR 26.11.01.01, repealed 
COMAR 26.11.01.10 in its entirety and replaced it with a new regulation 
for COMs (also at COMAR 26.11.01.10) entitled Continuous Opacity 
Monitoring Requirements, and added new COMAR 26.11.01.11 Continuous 
Emissions Monitoring Requirements. The April 14, 2011 action also made 
administrative changes to reporting and recordkeeping requirements in 
COMAR 26.11.01.
    Revised regulation COMAR 26.11.01.10 establishes requirements for 
COMs and applies to fuel-burning equipment burning coal, fuel oil, 
tars, or waste combustible fluid at any time that has a rated heat 
input capacity of 250 million British thermal units (Btu) per hour or 
greater, fuel burning equipment burning coal with a rated heat input 
capacity of 100 million Btu per hour or greater but less than 250 
million Btu per hour and was constructed on or before June 19, 1984, 
cement kilns, fluidized bed combustors of any size, and municipal waste 
combustors with a burning capacity greater than 35 tons per day. The 
regulation at COMAR 26.11.01.10 establishes general requirements for 
installation of COMs, certification and quality assurance procedures, 
and recordkeeping and reporting requirements. Maryland removed the 
requirements for COMs on fuel-burning equipment to meet TM 90 in this 
action but retained at that time the QA/QC requirements contained in 
Part II of TM 90.
    New COMAR 26.01.11 requires CEMs for fuel-burning equipment burning 
coal that has a rated heat input capacity of 100 million Btu per hour 
or greater, municipal waste combustors with a burning capacity greater 
than 35 tons per day, fluidized bed combustors, kraft pulp mills, and 
any owner or operator that is required to install a CEM under any 
federal requirement. This new regulation establishes general 
requirements for the installation of CEMs for each of the applicable 
source categories, quality assurance provisions, and monitoring and 
compliance requirements, and retains the applicability of TM 90.
    Second, on May 16, 2011, MDE adopted COMAR 26.11.31 Quality 
Assurance Requirements for Continuous Opacity Monitors (COMs), which 
codified the QA/QC procedures from TM 90 for COMs and incorporated by 
reference two federal performance and design specification requirements 
for the operation of opacity monitoring: Performance Specification 1 
under 40 CFR part 60 Appendix B, and Performance Audit Procedures for 
Opacity Monitors, EPA 450/4-92-010 dated March 1992.
    Third, on July 29, 2011, MDE adopted revisions to the provisions of 
COMAR 26.11.01.10 and 26.11.01.11 that were originally adopted on April 
14, 2010. On July 29, 2011, MDE again revised COMAR 26.11.01.10 to 
correct the size of municipal waste combustors required to install 
continuous monitors (from greater than 35 mmBtu per hour to 35 mmBtu 
per hour or greater), to remove the requirement to meet TM 90 for QA/QC 
procedures and replace with a reference to the new QA/QC requirements 
in COMAR 26.11.31, and to clarify CEMs requirements regarding 
pollutants to be continuously measured for municipal waste combustors, 
Kraft pulp mills, and fluidized bed combustors. The action also added 
COMAR 26.11.01.10E for recordkeeping and reporting requirements for 
CEMs.
    Finally, on July 29, 2011, MDE adopted further revisions to the 
provisions of COMAR 26.11.01.10 and COMAR 26.11.01.11 to remove 
remaining references to TM 90, and to clarify that the QA/QC procedures 
for COMs are now in COMAR 26.11.31. Further EPA analysis of the 
revisions to these Maryland regulations as well as the reasons 
supporting EPA's proposed approval of these revisions are provided in 
the TSD supporting this rulemaking which can be found in the docket for 
this proposed rulemaking action and is available online at http://www.regulations.gov.

III. Proposed Action

    EPA's review of this material indicates that the November 24, 2015 
submittal, as amended by MDE's February 26, 2016 letter, is in 
accordance with the CAA and is therefore approvable. Because TM 90 
contains enforcement exemptions, its removal strengthens the Maryland 
SIP. EPA is proposing to approve the Maryland SIP revision submittal 
which contains revisions and amendments to provisions for COMs and CEMs 
in COMAR 26.11.01.01 and COMAR 26.11.01.10 and adds new provisions for 
COMs and CEMs at COMAR 26.11.01.11 and COMAR 26.11.31. 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 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 the requirements for COMs and 
CEMs in Maryland

[[Page 39607]]

regulation COMAR 26.01.01 and COMAR 26.01.31, discussed previously in 
section II of this rulemaking. 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 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 to approve revisions to Maryland 
regulation COMAR 26.01.01 and to approve the addition of COMAR 26.01.31 
into the Maryland SIP 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 27, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-14394 Filed 6-16-16; 8:45 am]
 BILLING CODE 6560-50-P