Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Proposed Rules 39605 

1Specifically, 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. 

edited or removed from Regulations.gov. 

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, 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/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document proposes to take action to 

approve the definition of greenhouse 

gas, and add greenhouse gases to 

emission inventory requirements. We 

have published a direct final rule 

approving the State’s SIP revision (s) in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register, because we view 

this as a noncontroversial action and 

anticipate no relevant adverse comment. 

We have explained our reasons for this 

action in the preamble to the direct final 

rule. If we receive no adverse comment, 

we will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Greenhouse gases, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

Dated: June 3, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

[FR Doc. 2016–14281 Filed 6–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

fernandez.cristina@epa.gov. 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 powers.marilyn@epa.gov. 

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

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 fuelburning 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 


sradovich on DSK3TPTVN1PROD with PROPOSALS
39606 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Proposed Rules 

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 fuelburning 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 


sradovich on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Proposed Rules 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R09–OAR–2004–0091; FRL–9947–72– 

Region 9] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to update a 

portion of the Outer Continental Shelf 

(‘‘OCS’’) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (‘‘COA’’), as 

mandated by section 328(a)(1) of the 

Clean Air Act, as amended in 1990 (‘‘the 

Act’’). The portion of the OCS air 

regulations that is being updated 

pertains to the requirements for OCS 

sources for which the Ventura County 

Air Pollution Control District (‘‘Ventura 

County APCD’’ or ‘‘District’’) is the 

designated COA. The intended effect of 

approving the OCS requirements for the 

Ventura County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. The changes to the existing 

requirements discussed in this 

document are proposed to be 

incorporated by reference into the Code 

of Federal Regulations and listed in the 

appendix to the OCS air regulations. 

DATES: Comments must be received by 

July 18, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2004–0091 at http://

www.regulations.gov, or via email to 

Andrew Steckel, Rulemaking Office 

Chief at Steckel.Andrew@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be removed or edited 

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: 

Christine Vineyard, Air Division (Air-4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4125, vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

A. Why is the EPA taking this action? 

II. The EPA’s Evaluation 

A. What criteria were used to evaluate 

rules submitted to update 40 CFR part 

55? 

B. What requirements were submitted to 

update 40 CFR part 55? 

III. Incorporation by Reference 

IV. Administrative Requirements 


sradovich on DSK3TPTVN1PROD with PROPOSALS