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

1CSAPR 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. 

2Thus, after December 31, 2014, CAIR was 

replaced by CSAPR and was a defunct, moot CAA 

program no longer implemented by EPA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

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

Dated: May 3, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–11845 Filed 5–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 fuelburning 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 

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. 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 becoat.gregory@epa.gov. 

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

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 

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

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 

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

COMMISSION 

47 CFR Part 64 

[CG Docket No. 02–278; FCC 16–57] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) invites comment on 

proposed revisions to its rules under the 

Telephone Consumer Protection Act 

(TCPA) to implement a provision of the 

Bipartisan Budget Act of 2015 that 

excepts from the TCPA’s prior-expressconsent requirement autodialed and 

prerecorded calls ‘‘made solely to 

collect a debt owed to or guaranteed by 

the United States.’’ 

DATES: Comments are due on or before 

June 6, 2016. Reply comments are due 

on or before June 21, 2016. 

ADDRESSES: You may submit comments 

identified by CG Docket No. 02–278 by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site: http://

apps.fcc.gov/ecfs/. Filers should follow 

the instructions provided on the Web 

site for submitting comments. For ECFS 

filers, in completing the transmittal 

screen, filers should include their full 

name, U.S. Postal service mailing 

address, and CG Docket No. 02–278. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Kristi Thornton, Consumer Policy 

Division, Consumer and Governmental 

Affairs Bureau, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554 by 

phone at (202) 418–2467 or by email at: 

Kristi.Thornton@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), Rules 

and Regulations Implementing the 

TCPA of 1991, CG Docket No. 02–278, 

FCC 16–57, adopted May 24, 2016, and 

released May 6, 2016. A copy of 

document FCC 16–57 and any 

subsequently filed documents in this 

matter will be available during regular 

business hours at the FCC Reference 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554, 

(202) 418–0270. The full text of 

document FCC 16–57 will be available 

for public inspection and copying via 

ECFS, and during regular business 

hours at the FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

A copy of document FCC 16–57 and any 

subsequently filed documents in this 

matter may also be found by searching 

ECFS at: http://apps.fcc.gov/ecfs/ (insert 

CG Docket No. 02–278 into the 

Proceeding block). 

Pursuant to 47 CFR 1.415, 1.419, 

interested parties may file comments 

and reply comments on or before the 

dates indicated on the first page of this 

document. Comments may be filed 

using ECFS. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial Mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

Pursuant to § 1.1200 of the 

Commission’s rules, 47 CFR 1.1200, this 

matter shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentations must contain summaries 

of the substances of the presentations 

and not merely a listing of the subjects 

discussed. More than a one or two 

sentence description of the views and 

arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclose proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b). 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). Document FCC 16–57 can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http://

www.fcc.gov/cgb/policy. 

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