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[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32472-32474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13425]

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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.

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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 shandruk.irene@epa.gov.

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 0.35 and X, 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.
 
                                                  * * * * * * *
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[FR Doc. 2015-13425 Filed 6-8-15; 8:45 am]
BILLING CODE 6560-50-P
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