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
Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 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 fuelburning 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 <10 ..................................................................................................................................................... 0.1–0.23 0.30 

>0.35 and ≤1.5 ................................................................................................................................................... 0.1–0.35 0.30 

III. Final Action 

EPA is approving a revision to the 

Maryland SIP pertaining to provisions 

for biomass fuel-burning equipment in 

accordance with CAA section 110. 

EPA’s review of this material indicates 

that MDE’s regulations will result in 

reductions in PM and NOX, 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 fuelburning 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 


tkelley on DSK3SPTVN1PROD with RULES
32474 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 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: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland Administrative Regulations 

(COMAR) 

citation 

Title/Subject 

State 

effective 

date 

EPA approval date Additional explanation/ 

citation at 40 CFR 52.1100 

*******

26.11.09.01 ....... Definitions ....................................... 04/28/14 6/9/15 [Insert Federal Register 

citation].

Definition of ‘‘biomass’’ is added. 

*******

26.11.09.04 ....... Prohibition of Certain New Fuel 

Burning Equipment.

04/28/14 6/9/15 [Insert Federal Register 

citation].

Revised (C)(1). 

*******

26.11.09.06 ....... Control of Particulate Matter .......... 04/28/14 6/9/15 [Insert Federal Register 

citation].

Revised (D)(1) and (D)(2). 

26.11.09.07 ....... Control of Sulfur Oxides from Fuel 

Burning Equipment.

04/28/14 6/9/15 [Insert Federal Register 

citation].

Revised (B)(5). 

*******

26.11.09.09 ....... Tables and Diagrams ..................... 4/28/14 6/9/15 [Insert Federal Register 

citation].

Amended incorrect reference. 

26.11.09.10 ....... Requirements to Burn Used Oil 

and Waste Combustible Fluid as 

Fuel.

04/28/14 6/9/15 [Insert Federal Register 

citation].

New regulation. 

26.11.09.12 ....... Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr.04/28/14 6/9/15 [Insert Federal Register 

citation].

New regulation. 

*******

* * * * * 

[FR Doc. 2015–13425 Filed 6–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 81 

[EPA–R03–OAR–2015–0311]; FRL–9928– 

68–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; 2011 Lead Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Commonwealth of Pennsylvania 

(Pennsylvania) State Implementation 

Plan (SIP). EPA is proposing to approve 

the 2011 base year emissions inventory 

SIP revision submittal for the 2008 lead 

National Ambient Air Quality Standards 

(NAAQS). The base year emissions 

inventory SIP revision was submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP) on 

February 9, 2015 to meet the 

requirements of the Clean Air Act (CAA) 

for the Lyons 2008 lead NAAQS 

nonattainment area (hereafter referred to 

as the ‘‘Lyons Area’’ or ‘‘Area’’). EPA is 

approving this revision to the 

Pennsylvania SIP in accordance with 

the requirements of the CAA. 

DATES: This rule is effective on August 

10, 2015 without further notice, unless 

EPA receives adverse written comment 

by July 9, 2015. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2015–0311 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0311, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 


tkelley on DSK3SPTVN1PROD with RULES