[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21944]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD31-1-6371a; FRL-5059-9]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland (Actions on Permits and Approvals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision requires the State of 
Maryland to offer the public an opportunity to request a public hearing 
before issuing a permit to construct certain sources. The intended 
effect of this action is to incorporate by reference into the 
federally-enforceable SIP revised State regulations which meet current 
Federal requirements. This action is being taken under section 110 of 
the Clean Air Act.
DATES: This final rule will become effective November 7, 1994 unless 
notice is received on or before October 7, 1994 that adverse or 
critical comments will be submitted. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation, 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460; and the Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore 
Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford (3AT10), (215) 
597-1325.

SUPPLEMENTARY INFORMATION: On March 30, 1987, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
State's submittal consists of revisions to the Code of Maryland 
Administrative Regulations (COMAR) 26.11.02.10C. regarding action on a 
permit application and approval of new sources. At the time of 
submittal, the official State citation for this amendment was COMAR 
10.18.02.03H. However, the State recodified its air pollution 
regulations in 1988, and EPA approved this recodification scheme as a 
SIP revision on November 3, 1992 (57 FR 49651). One of the revisions 
associated with EPA's approval of the Maryland's recodification 
pertained to the transfer of the air permitting program from the 
Departement of Health and Mental Hygiene (DHMH) to the Department of 
the Environment (MDE). Therefore, EPA will address these amendments in 
terms of the current COMAR citations and the permitting authority 
currently vested with MDE.

Description of Revisions

    The revisions to COMAR 26.11.02.10C. offers the public the 
opportunity to request a public hearing before the State may issue a 
permit to construct for any of the following scenarios: Any source will 
be required to obtain a permit to operate under COMAR 26.11.02.04 
(formerly COMAR 10.18.02.03B.), any source subject to the Federal 
standards under 40 CFR part 60 (New Source Performance Standards 
(NSPS]), 40 CFR part 61 (National Emission Standards for Hazardous Air 
Pollutants (NESHAP)), or 40 CFR 52.21 (Prevention of Significant 
Deterioration (PSD)), any stationary source of lead (Pb) that 
discharges 100 tons per year or more of lead or lead compounds measured 
as elemental lead (Pb), any source that discharges 100 tons per year or 
more for any pollutant, and any new source impacting on a nonattainment 
area (NSINA). (Note: Effective April 26, 1993, Maryland has replaced 
the term ``NSINA'' with ``new source review'' (``NSR''). EPA will 
formally incorporate this revised term into the Maryland SIP in a 
separate rulemaking action.)
    The revised provisions to COMAR 26.11.02.10C. will be implemented 
by following certain procedures. If the MDE makes a preliminary 
determination to issue a permit or approval, the applicant will publish 
an advertisement in a newspaper in the area of concern which will allow 
10 days for the public to request a public hearing and 30 days for 
public comment. If the MDE receives a request for a public hearing, the 
MDE will schedule a hearing. A notice of the hearing will be published 
in a newspaper in the area of concern at least 30 days in advance of 
the hearing. If a public hearing is held, the MDE must issue the permit 
or approval within 60 days after the conclusion of the public hearing, 
except that the department must issue the permit or approval within 
five working days after the conclusion of the public hearing if no 
information is presented that would affect the issuance of the permit 
or approval. These provisions are codified at COMAR 26.11.02.10C.(1) 
through 26.11.02.10C.(9). (Note: On July 27, 1993 (58 FR 40060), EPA 
had approved a revision to the Maryland SIP which cross-references 40 
CFR 52.21 as amended through 1989. This revision is codified in the 
Maryland SIP at 40 CFR 52.1070(c)(95).) If the permit or approval is to 
be denied, it must be done within 60 days after receiving all 
information necessary to act on the application. (COMAR 26.11.02.10D, 
26.11.02.10E).
    As required by 40 CFR 51.102, the State of Maryland certified that, 
after adequate public notice, a public hearing was held on September 
30, 1986 concerning the revisions to COMAR 26.11.02.10C.

EPA Evaluation

    The implementation of revised COMAR 26.11.02.10C. will have no 
adverse economic impact on the State or local agencies. Similarly, the 
amendment will have no direct impact on air quality because it only 
addresses procedural matters such as the opportunity for public hearing 
and does not affect any air quality standards. The amendment will give 
the public more opportunity to learn about and potentially influence 
the MDE's decisions on the issuance of permits. The specific public 
participation requirements found in revised COMAR 26.11.02.10C. are 
consistent with those found in 40 CFR 51.160 and 51.161.

Final Action

    EPA is approving the revisions to COMAR 26.11.02.10C. as a revision 
to the Maryland SIP. The Agency has also reviewed this SIP revision 
request for conformance with the provisions of the 1990 amendments 
enacted on November 15, 1990, and has determined that this action 
conforms with those requirements irrespective of the fact that the 
submittal preceded the date of enactment.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 7, 1994 unless, by October 7, 1994, adverse or 
critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on November 7, 1994.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impacton 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by 
an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. The OMB has exempted this 
regulatory action from E.O. 12866 review.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve revisions to COMAR 
26.11.02.10C. governing Maryland's public participation requirements 
before issuing construction permits to certain sources must be filed in 
the United States Court of Appeals for the appropriate circuit by 
November 7, 1994. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule 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, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur Oxides.

    Dated: August 19, 1994.
John R. Pomponio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(108) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (108) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on March 30, 1987 by the Maryland Department of 
Health and Mental Hygiene:
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Maryland Department of Health 
and Mental Hygiene transmitting revisions to the Maryland State 
Implementation Plan (SIP).
    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a 
Permit and for Approval of a PSD Source or NSINA) (currently COMAR 
26.11.02.10C.), effective March 24, 1987.
    (ii) Additional material.
    (A) Remainder of the March 30, 1987 State submittal pertaining to 
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
[FR Doc. 94-21944 Filed 9-6-94; 8:45 am]
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