Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 32469 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Coronado Glorietta Bay Fourth of 

July Fireworks safety zone on July 4, 

2015. This reoccurring annual marine 

event occurs on the navigable waters of 

Glorietta Bay, a subsection of San Diego 

Bay in San Diego, California. This action 

is necessary to provide for the safety of 

the participants, crew, spectators, safety 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. 

DATES: The regulations for the marine 

event listed in 33 CFR 165.1123, Table 

1, Item 3, will be enforced from 8:30 

p.m. to 10 p.m. on July 4, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this publication, 

call or email Petty Officer Nick 

Bateman, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone (619) 278–7656, email D11– 

PF-MarineEventsSanDiego@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

San Diego Bay for the Coronado 

Glorietta Bay Fourth of July Fireworks 

Display listed in 33 CFR 165.1123, 

Table 1, Item 3 from 8:30 p.m. to 10 

p.m. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the 800 

foot regulated area safety zone around 

the tug and barge unless authorized by 

the Captain of the Port, or his 

designated representative. Persons or 

vessels desiring to enter into or pass 

through the safety zone may request 

permission from the Captain of the Port 

or his designated representative. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

designated representative. Spectator 

vessels may safely transit outside the 

regulated area, but may not anchor, 

block, loiter, or impede the transit of 

participants or official patrol vessels. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This document is issued under 

authority of 5 U.S.C. 552(a) and 33 CFR 

165.1123. In addition to this document 

in the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via the Local Notice 

to Mariners, Broadcast Notice to 

Mariners, and local advertising by the 

event sponsor. 

If the Coast Guard determines that the 

regulated area need not be enforced for 

the full duration stated on this 

document, then a Broadcast Notice to 

Mariners or other communications 

coordinated with the event sponsor will 

grant general permission to enter the 

regulated area. 

Dated: May 22, 2015. 

J.S. Spaner, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2015–14068 Filed 6–8–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0818; A–1–FRL– 

9928–86–Region–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Decommissioning of Stage II 

Vapor Recovery Systems and 

Amending Stage I Vapor Recovery 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island 

Department of Environmental 

Management. This revision includes 

regulatory amendments that allow 

gasoline dispensing facilities (GDFs) to 

decommission their Stage II vapor 

recovery systems as of December 25, 

2013, and a demonstration that such 

removal is consistent with the Clean Air 

Act and EPA guidance. This revision 

also includes regulatory amendments 

that strengthen Rhode Island’s 

requirements for Stage I vapor recovery 

systems at GDFs. The intended effect of 

this action is to approve Rhode Island’s 

revised vapor recovery regulation. This 

action is being taken in accordance with 

the Clean Air Act. 

DATES: This rule is effective on July 9, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2013–0818. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 through 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at Office of Air 

Resources, Department of 

Environmental Management, 235 

Promenade Street, Providence, RI 

02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100 (mail 

code: OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1660, fax number (617) 918–0660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 24, 2014 (79 FR 63591), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Rhode Island. The NPR proposed 

approval of Rhode Island’s revised Air 

Pollution Control Regulation 11, 

‘‘Petroleum Liquids Marketing and 

Storage,’’ that had been amended to 

allow the decommissioning of Stage II 

vapor recovery systems and to 

strengthen Stage I vapor recovery 

requirements. The formal SIP revision 

was submitted by the Rhode Island 

Department of Environmental 

Management (DEM) on December 13, 

2013 and also included a demonstration 


tkelley on DSK3SPTVN1PROD with RULES
32470 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 

1Rhode Island’s December 13, 2013 SIP revision 

includes an analysis of vehicle registration data 

obtained from the Rhode Island Department of 

Motor Vehicles, which illustrates that by December 

4, 2012, the fraction of gasoline vehicles in Rhode 

Island equipped with ORVR was 73.1%. This is a 

slightly more accelerated fleet turn-over estimate 

than EPA’s end of the 2012 calendar year estimate 

of 71.4% ORVR penetration in the national gasoline 

fueled motor vehicle fleet. 

that the decommissioning of Stage II 

vapor recovery systems at gasoline 

dispensing facilities (GDFs) is consistent 

with the Clean Air Act and EPA 

guidance. 

A detailed discussion of Rhode 

Island’s December 13, 2013 SIP revision 

and EPA’s rationale for proposing 

approval of the SIP revision were 

provided in the NPR and will not be 

restated in this notice, except to the 

extent relevant to our responses to 

public comments we received on our 

proposal. 

II. Response to Comments 

EPA received one comment on the 

NPR from Ted Tiberi, ARID 

Technologies, Inc. That comment is 

summarized below with EPA’s 

response. 

Comment: The commenter stated its 

opposition to EPA’s proposed approval 

of Rhode Island’s revised Air Pollution 

Control Regulation 11. The commenter 

believes the Clean Air Act (CAA) 

section 110(l) demonstration included 

in Rhode Island’s December 13, 2013 

SIP submittal is flawed and that there 

are significant emission reduction losses 

(i.e. ‘‘increased emissions’’) resulting 

from the removal of the Stage II program 

requirements in Rhode Island. The 

commenter submitted graphs and 

calculations in support of its claims, 

purporting to show the levels of 

foregone emissions reduction that 

would result from implementation of 

Rhode Island’s SIP revision request. The 

commenter also asserts that the 

increased emissions represent a 

significant environmental, health and 

safety risk, and that a disproportionate 

share of the risks will be borne by 

motorists refueling vehicles not 

equipped with onboard refueling vapor 

recovery (ORVR) systems. 

Response: EPA disagrees with ARID 

Technologies’ assertion that Rhode 

Island’s CAA section 110(l) 

demonstration is flawed and that there 

will be impermissibly significant 

increased emissions from this action. 

Rhode Island’s section 110(l) 

demonstration was performed in 

accordance with EPA’s final rule 

determining that ORVR is now in 

widespread use in the national motor 

vehicle fleet (77 FR 28772, May 16, 

2012) and EPA’s ‘‘Guidance on 

Removing Stage II Gasoline Vapor 

Control Programs from State 

Implementation Plans and Assessing 

Comparable Measures’’ (EPA–457/B– 

12–001, August 7, 2012), hereafter, 

EPA’s August 7, 2012 Guidance (a copy 

of this guidance has been placed in the 

public docket for this action). 

The Rhode Island rule allows GDFs to 

decommission Stage II systems as of 

December 25, 2013, and requires GDFs 

to decommission their Stage II systems 

by the end of 2017 unless, by December 

22, 2017, a GDF is equipped with an 

ORVR-compatible Stage II system or 

installs air pollution control systems to 

control tank excess vent emissions 

resulting from Stage II systems that are 

incompatible with ORVR. Such GDFs, 

with Stage II systems operational 

beyond the December 22, 2017 date, are 

required to continue to operate and 

maintain their Stage II vapor recovery 

systems in accordance with Rhode 

Island’s regulations, until the time when 

such Stage II vapor recovery system is 

ever decommissioned. Appendix Table 

A–1 of EPA’s August 7, 2012 Guidance 

illustrates that by the end of 2017, about 

87% of the vehicles in the national 

motor vehicle fleet will be equipped 

with ORVR. The number of ORVRequipped vehicles in Rhode Island will 

likely be even higher due to Rhode 

Island having a more accelerated motor 

vehicle fleet turnover when compared to 

the national motor vehicle fleet.1

Appendix Table A–1 also illustrates that 

by the end of 2017, over 90% of gasoline 

dispensed nationally will be to ORVRequipped vehicles, which is also likely 

to be higher in Rhode Island due to a 

newer motor vehicle fleet. At that point 

in time, since a vast majority of Rhode 

Island vehicles being refueled at 

gasoline dispensing facilities will be 

equipped with ORVR systems, the 

ORVR systems will be controlling the 

volatile organic compound (VOC) 

emissions, making Stage II vapor 

recovery systems a redundant, and 

potentially incompatible, emissions 

control technology in Rhode Island. 

Therefore, removing the Stage II systems 

is not expected to result in a significant 

emissions increase, but is expected to 

avoid emissions increases resulting from 

the incompatibility of some Stage II 

systems with ORVR controls. 

EPA also disagrees with the comment 

that the increased emissions the 

commenter asserts will result from 

removal of Stage II controls represent a 

significant environmental, health and 

safety risk. EPA’s August 7, 2012 

Guidance states that ‘‘EPA believes it is 

reasonable to conclude that the 

incremental emissions control that Stage 

II achieves beyond ORVR is de minimis 

if it is less than 10 percent of the areawide emissions inventory associated 

with refueling highway motor vehicles.’’ 

As noted in the NPR, Rhode Island 

appropriately calculated the increase in 

refueling-associated emissions from the 

decommissioning of Stage II systems in 

2013 as 7.2 percent, thus meeting this 

de minimis threshold. As also noted in 

the NPR, the increase in emissions from 

Stage II system decommissioning 

calculated by Rhode Island for 2013 (69 

tons of VOC) are only about 0.3 percent 

of the total anthropogenic VOC 

emissions in Rhode Island (see EPA’s 

2011 National Emissions Inventory 

database Version 1 at www.epa.gov/ttn/ 

chief/net/2011inventory.html). Also, as 

explained in EPA’s ORVR rulemaking 

and in EPA’s August 7, 2012 Guidance, 

these foregone emissions reductions in 

the near term continue to diminish 

rapidly over time as ORVR phase-in 

continues. Therefore, since the de 

minimis criteria discussed in EPA’s 

August 7, 2012 Guidance have been 

met, EPA is approving Rhode Island’s 

SIP revision. 

Furthermore, we note that Rhode 

Island’s revised Regulation 11 also 

includes new Stage I vapor recovery 

requirements that will lead to additional 

emission reductions. Specifically, the 

regulation requires GDFs to upgrade 

their Stage I vapor recovery systems to 

CARB-certified Stage I Enhanced Vapor 

Recovery (EVR) systems or a Stage I 

vapor recovery system composed of EVR 

system components (Stage I EVR 

component systems). The upgrade to 

Stage I EVR systems or Stage I EVR 

component systems is required upon 

facility start-up for facilities beginning 

operation or installing a fuel storage 

tank as of December 25, 2013. In 

addition, as of December 25, 2013, any 

component of a pre-existing Stage I 

vapor recovery system that is replaced 

is required to be replaced with a CARBcertified Stage I EVR component. The 

Rhode Island regulation further requires 

that all Stage I systems be CARBcertified Stage I EVR systems or Stage I 

EVR component systems by December 

25, 2020. CARB-certified Stage I EVR 

systems have been certified to achieve a 

98 percent reduction in VOC emissions, 

as compared to 95 percent for pre-EVR 

Stage I systems. Thus, when pre-EVR 

Stage I systems in Rhode Island are 

replaced with CARB-certified Stage I 

EVR systems, a greater emission 

reduction will be achieved. Also, when 

a component of a pre-EVR Stage I 

system is replaced with a CARBcertified Stage I EVR component, a 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 32471 

somewhat greater reduction is expected 

to be achieved. These additional 

reductions will further mitigate any 

temporary declining emissions 

increases, which are already de 

minimis, resulting from removal of 

Stage II equipment. 

Finally, with respect to the graphs 

and calculations submitted as part of 

ARID Technologies’ comments, we note 

that, in some cases, differing 

assumptions were used by the 

commenter as compared to those used 

by Rhode Island. For example, the ARID 

Technologies calculations assume a 

Stage II vapor recovery efficiency of 75 

percent, whereas Rhode Island used a 

more conservative figure of 70 percent. 

EPA’s August 7, 2012 Guidance states 

that Stage II control efficiencies are 

typically in the range of 60–75 percent. 

Assuming a higher Stage II efficiency 

would result in a higher estimate of 

foregone emission reductions. However, 

in some cases, the assumptions and/or 

the basis or references for the 

assumptions used in the commenter’s 

calculations are not stated. Therefore, 

we are not, at this time, assessing the 

appropriateness of each of the 

individual calculations included in the 

ARID Technologies documents but 

instead note that the commenter’s 

summary result of 400,000 lbs (or 200 

tons) of hydrocarbon emissions in 2013 

(see slide 8 of the commenter’s 

presentation), although higher than the 

Rhode Island estimate of 69 tons 

referenced above, is still only about 0.9 

percent, i.e., less than one percent, of 

the 22,248 tons of total annual 

anthropogenic VOC emissions in Rhode 

Island (see EPA’s 2011 National 

Emissions Inventory database Version 1 

at www.epa.gov/ttn/chief/net/

2011inventory.html). As also noted 

above, these foregone emission 

reductions are highest in 2013 and 

diminish rapidly over time. Finally, the 

commenter does not assert or 

demonstrate that the foregone emissions 

reductions based on his assumptions 

would exceed the de minimis criteria 

discussed in EPA’s August 7, 2012 

Guidance. 

III. Final Action 

EPA is approving Rhode Island’s 

December 13, 2013 SIP revision. 

Specifically, EPA is approving the 

amended Rhode Island Air Pollution 

Control Regulation No. 11, ‘‘Petroleum 

Liquids Marketing and Storage,’’ and 

incorporating it into the Rhode Island 

SIP. EPA is approving this SIP revision 

because it meets all applicable 

requirements of the Clean Air Act and 

EPA guidance, and it will not interfere 

with any applicable requirement 

concerning National Ambient Air 

Quality Standards attainment and 

reasonable further progress or with any 

other applicable requirement of the 

Clean Air Act. 

Rhode Island’s December 13, 2013 SIP 

revision satisfies the ‘‘comparable 

measures’’ requirement of CAA section 

184(b)(2), because as stated in EPA’s 

August 7, 2012 Guidance, ‘‘the 

comparable measures requirement is 

satisfied if phasing out a Stage II control 

program in a particular area is estimated 

to have no, or a de minimis, incremental 

loss of area-wide emissions control.’’ As 

noted in the NPR, Rhode Island’s SIP 

revision met de minimis criteria 

outlined in EPA’s August 7, 2012 

Guidance. In addition, since emissions 

are de minimis, the anti-back sliding 

requirements of CAA section 110(l) have 

also been satisfied. 

IV. Incorporation by Reference 

In this rule, 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 Rhode 

Island’s revised Air Pollution Control 

Regulation No. 11 described in the 

amendments to 40 CFR part 52 set forth 

below. 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 appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 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 Clean Air Act; 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 


tkelley on DSK3SPTVN1PROD with RULES
32472 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 

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 may 

not be 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 26, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. In § 52.2070 the table in paragraph 

(c) is amended by revising the entry for 

state citation ‘‘Air Pollution Control 

Regulation 11’’ to read as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) EPA Approved regulations. 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Air Pollution 

Control Regulation 11.

Petroleum liquids marketing and 

storage.

12/25/2013 6/9/2015 [Insert Federal Register 

citation].

Includes decommissioning of Stage 

II vapor recovery systems. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–13944 Filed 6–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


tkelley on DSK3SPTVN1PROD with RULES