Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards, 15709-15711 [2015-06856]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules (4) All waters of Lake Pontchartrain extending 350 feet in all directions from a fireworks barge located offshore of Mandeville, LA. This location will be used for the Mandeville Lakefront Fireworks event. (b) Effective Dates and Enforcement Periods. This rule is effective during five individual events occurring on four separate dates from April 27, 2015 through July 4, 2015. The temporary safety zones will be enforced during the following dates and times: (1) April 27, 2015, in the evening for one hour or less in the location noted in section a.1. (2) April 28, 2015, in the evening for one hour or less in the location noted in section a.1. (3) July 4, 2015, in the evening for one hour or less in the location noted in section a.2. (4) July 4, 2015, in the evening for one hour or less the locations noted in section a.3 and a.4. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into these zones is prohibited unless specifically authorized by the Captain of the Port (COTP) New Orleans or designated personnel. Designated personnel include commissioned, warrant and petty officers of the U.S. Coast Guard assigned to units under the operational control of Sector New Orleans. (2) Persons and vessels requiring deviation from this rule must request permission from the COTP New Orleans or a COTP New Orleans designated representative. They may be contacted on VHF–FM Channel 16 or 67, or through Coast Guard Sector New Orleans at 504–365–2200. (3) Persons and vessels permitted to deviate from this rule must transit at the slowest safe speed and comply with all lawful directions issued by the COTP New Orleans or designated representative. (d) Information Broadcasts. The COTP New Orleans or a COTP New Orleans designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zones as well as any changes in the planned schedule. Dated: March 4, 2015. P.C. Schifflin, Captain, U.S. Coast Guard Captain of the Port New Orleans. [FR Doc. 2015–06846 Filed 3–24–15; 8:45 a.m.] BILLING CODE 9110–04–P VerDate Sep<11>2014 20:23 Mar 24, 2015 Jkt 235001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2015–0089; FRL–9925–15– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Biomass Fuel-Burning Equipment Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 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: Written comments must be received on or before April 24, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2015–0089 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: powers.marilyn@epa.gov. C. Mail: EPA–R03–OAR–2015–0089, Marilyn Powers, Acting 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 deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2015– 0089. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 15709 comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. 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 in www.regulations.gov or in hard copy 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 E:\FR\FM\25MRP1.SGM 25MRP1 15710 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules typical type of equipment that is regulated under this new regulation is a boiler; however, it also applies to process heaters and other applications. II. Summary of SIP Revision On January 12, 2015, MDE submitted to EPA a SIP revision concerning new regulation COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr) and related amendments to regulations .01, .04, .06, .07, .09, and .10 under COMAR 26.11.09—Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain FuelBurning Installations. 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 additional 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, MDE asserts 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 in the SIP submittal that new biomass fuelburning equipment would still be subject to standards based on federal maximum achievable control technology (MACT), generally available control technology (GACT), and best available control technology (BACT) analysis. Further EPA analysis and information on the MDE regulations for this SIP submittal are provided in the Technical Support Document (TSD) with Docket ID No. EPA–R03–OAR– 2015–0089. TABLE 1—EMISSION STANDARDS FOR BIOMASS FUEL-BURNING EQUIPMENT Heat input capacity (mmBtu/hr) PM (pounds/mmBtu) NOX (pounds/mmBtu) 0.03–0.07 0.1–0.23 0.1–0.35 0.25–0.30 0.30 0.30 ≥10 ................................................................................................................................................................... >1.5 and <10 ................................................................................................................................................... >0.35 and ≤1.5 ................................................................................................................................................ MDE has submitted the 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 23206), which were previously included in the Maryland SIP. 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). III. Proposed Action 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 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.); mstockstill on DSK4VPTVN1PROD with PROPOSALS EPA’s review of this material indicates that MDE’s regulation provides emission limits on smaller biomass fuel-burning equipment providing PM and NOX emission reductions which will strengthen the Maryland SIP. The reductions in PM and NOX will help Maryland attain and maintain the National Ambient Air Quality Standards (NAAQS) for ozone and PM. EPA is proposing to approve Maryland’s January 12, 2015 SIP revision for biomass fuel-burning equipment. 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 rulemaking, the 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, the EPA is proposing to incorporate by reference the Maryland rules regarding the definitions and VerDate Sep<11>2014 20:23 Mar 24, 2015 Jkt 235001 V. Statutory and Executive Order Reviews PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 • 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 pertaining to Maryland’s biomass fuelburning equipment standards 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. E:\FR\FM\25MRP1.SGM 25MRP1 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 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. Authority: 42 U.S.C. 7401 et seq. Dated: March 10, 2015. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2015–06856 Filed 3–24–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0883; FRL–9924–96– Region–3] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Attainment of the 1997 8-Hour Ozone National Ambient Air Quality Standard for the Baltimore, Maryland Serious Nonattainment Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to make a determination that the Baltimore, Maryland Serious Nonattainment Area (Baltimore Area) has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed determination is based upon complete, quality-assured, and certified ambient air monitoring data that shows the Area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2012–2014 monitoring period. If this proposal becomes final, the requirement for this Area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan, and contingency measures related to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so long as the Area continues to attain the 1997 8-hour ozone NAAQS. This action does not constitute a redesignation to attainment. The Baltimore Area will remain nonattainment for the 1997 8hour ozone NAAQS until such time as EPA determines that the Baltimore Area meets the Clean Air Act (CAA) requirements for redesignation to attainment, including an approved maintenance plan. This action is being taken under the CAA. mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 20:23 Mar 24, 2015 Jkt 235001 Written comments must be received on or before April 24, 2015. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2014–0883 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–2014–0883, 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 deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2014– 0883. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other DATES: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 15711 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 in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On July 18, 1997, EPA revised the health-based NAAQS for ozone based on 8-hour average concentrations. 62 FR 38856. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from 0.12 parts per million (ppm) to 0.08 ppm. Id. On April 30, 2004 (69 FR 23858), EPA finalized its attainment/nonattainment designations for areas across the country for the 1997 8-hour ozone NAAQS. These actions became effective on June 15, 2004. Among those nonattainment areas was the Baltimore Area (specifically, Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County), which was designated as a moderate ozone nonattainment area. Id. Later, the Baltimore Area was reclassified as a serious nonattainment area for the 1997 ozone NAAQS. 77 FR 4901 (February 1, 2012). See 40 CFR 81.321. Air quality monitoring data from the 2012–2014 monitoring period indicate that the Baltimore Area is now attaining the 1997 8-hour ozone NAAQS. Under the provisions of EPA’s ozone implementation rule (40 CFR 51.918), if EPA issues a determination that an area is attaining the relevant standard (through a rulemaking that includes public notice and comment), it will suspend the area’s obligations to submit an attainment demonstration, RACM, RFP, contingency measures and other planning requirements related to attainment of the 1997 8-hour ozone NAAQS for as long as the area continues to attain the standard. This suspension remains in effect until such time, if ever, that EPA (i) redesignates the area to attainment at which time those requirements no longer apply, or (ii) subsequently determines that the area has violated the 1997 8-hour ozone NAAQS. Although these requirements are suspended, EPA is not precluded E:\FR\FM\25MRP1.SGM 25MRP1

Agencies

[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15709-15711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06856]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0089; FRL-9925-15-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Biomass Fuel-Burning Equipment Standards

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 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: Written comments must be received on or before April 24, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0089 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: powers.marilyn@epa.gov.
    C. Mail: EPA-R03-OAR-2015-0089, Marilyn Powers, Acting 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 previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0089. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 in www.regulations.gov or 
in hard copy 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

[[Page 15710]]

typical type of equipment that is regulated under this new regulation 
is a boiler; however, it also applies to process heaters and other 
applications.

II. Summary of SIP Revision

    On January 12, 2015, MDE submitted to EPA a SIP revision concerning 
new regulation COMAR 26.11.09.12 (Standards for Biomass Fuel-Burning 
Equipment Equal to or Greater Than 350,000 Btu/hr) and related 
amendments to regulations .01, .04, .06, .07, .09, and .10 under COMAR 
26.11.09--Control of Fuel-Burning Equipment, Stationary Internal 
Combustion Engines, and Certain Fuel-Burning Installations. 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 additional 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, MDE asserts 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 in the SIP submittal that new biomass fuel-burning 
equipment would still be subject to standards based on federal maximum 
achievable control technology (MACT), generally available control 
technology (GACT), and best available control technology (BACT) 
analysis. Further EPA analysis and information on the MDE regulations 
for this SIP submittal are provided in the Technical Support Document 
(TSD) with Docket ID No. EPA-R03-OAR-2015-0089.

     Table 1--Emission Standards for Biomass Fuel-Burning Equipment
------------------------------------------------------------------------
                                         PM (pounds/      NOX (pounds/
   Heat input capacity (mmBtu/hr)          mmBtu)            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
------------------------------------------------------------------------

    MDE has submitted the 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 23206), which were previously 
included in the Maryland SIP.

III. Proposed Action

    EPA's review of this material indicates that MDE's regulation 
provides emission limits on smaller biomass fuel-burning equipment 
providing PM and NOX emission reductions which will 
strengthen the Maryland SIP. The reductions in PM and NOX 
will help Maryland attain and maintain the National Ambient Air Quality 
Standards (NAAQS) for ozone and PM. EPA is proposing to approve 
Maryland's January 12, 2015 SIP revision for biomass fuel-burning 
equipment. 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 rulemaking, the 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, the EPA is proposing to 
incorporate by reference 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

    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 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 proposed rule pertaining to Maryland's biomass 
fuel-burning equipment standards 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.

[[Page 15711]]

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.

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

    Dated: March 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2015-06856 Filed 3-24-15; 8:45 am]
 BILLING CODE 6560-50-P
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