[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: 94-21946]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD4-2-6353, MD10-1-6352, MD24-1-6354; FRL-5061-3]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Volatile Organic Compound RACT Fix-ups, Including Test 
Methods

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 submittal consists of revised 
volatile organic compound (VOC) regulations applicable in the Baltimore 
nonattainment area, including Baltimore City and the Counties of Anne 
Arundel, Baltimore, Carroll, Harford, and Howard and the Washington, DC 
nonattainment area, including Montgomery and Prince George's Counties. 
The intended effect of this action is to approve Maryland's revised VOC 
regulations to correct deficiencies in Maryland's ozone SIP. This 
action is being taken under the Clean Air Act (the Act).

EFFECTIVE DATE: This final rule will become effective on October 7, 
1994.

ADDRESSES: 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: Maria A. Pino, (215) 597-9337, at the 
EPA Regional office listed above.

SUPPLEMENTARY INFORMATION: On September 30, 1993 (58 FR 51028), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Maryland. The formal SIP revision was submitted by Maryland on 
September 20, 1991, April 2, 1992, and January 18, 1993. The NPR 
proposed approval of revisions to Maryland's ozone SIP to EPA as a SIP 
revision to comply with part of the reasonably available control 
technology (RACT) fix-up requirement of the Clean Air Amendments of 
1990 (the Amendments).
    Maryland's September 20, 1991 submittal consisted of the addition 
of COMAR 26.11.19.16 and Technical Memorandum 91-01 (TM 91-01), and 
revisions and additions to COMAR 26.11.01.01, 26.11.01.04, 26.11.06, 
26.11.08, 26.11.10, 26.11.13.02, 26.11.14, 26.11.19.02, 26.11.19.07, 
26.11.19.11, 26.11.19.12. On April 2, 1992, Maryland submitted further 
revisions to COMAR 26.11.01.01, 26.11.01.04, 26.11.04, 26.11.06, 
26.11.10, 26.11.13.04, 26.11.13.05, 26.11.14, 26.11.19.02, 26.11.19.09, 
and 26.11.19.12, and TM 91-01. On June 17, 1992 Maryland submitted a 
letter to EPA withdrawing the capture efficiency protocols (Method 1003 
of TM 91-01) from its September 20, 1991 SIP revision submittal. 
However, on January 18, 1993 Maryland formally resubmitted TM 91-01 to 
EPA as a SIP revision. This January 18, 1993 submittal also included 
amendments to COMAR 26.11.01.04, 26.11.06, 26.11.13.04, 26.11.13.05, 
and 26.11.19.07, and 26.11.19.15.
    Revisions to COMAR 26.11.04, 26.11.06, 26.11.08, 26.11.10, and 
26.11.14, which are not related to VOCs, are addressed by separate 
rulemaking actions. Revisions to COMAR 26.11.13.04 and 26.11.19.15 also 
are the subject of separate rulemaking actions (58 FR 8565).
    This rulemaking action is approving the addition of Appendixes A 
and B and Methods 1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and 
1012 contained in TM 91-01 and COMAR 26.11.19.16 into the Maryland SIP, 
as well as amendments to COMAR 26.11.01.01, 26.11.01.04, 26.11.13.02, 
26.11.13.05, 26.11.19.02, 26.11.19.07, 26.11.19.09, 26.11.19.11, and 
26.11.19.12, which were proposed for approval on September 30, 1993 (58 
FR 51028). Specifically, this action is approving the following 
revisions to the Maryland ozone SIP:

    (1) Amendments to the definition of the term ``volatile organic 
compound (VOC)'' to reflect current EPA guidance and to update 
citations (COMAR 26.11.01.01DD);
    (2) Amendments to COMAR 26.11.01.04C to delete a reference to 
Maryland's old technical memorandum and add a reference to: (1) 
Maryland's Technical Memorandum 91-01 (TM-91-01), Test Methods and 
Equipment Specifications for Stationary Sources, (January, 1991) as 
amended by Supplements 1 and 2 (July 1, 1991 and July 1, 1992, 
respectively); and (2) all EPA test methods contained in 40 CFR part 
60, appendix A, 1990 edition;
    (3) The addition of test methods applicable to VOC regulations: 
Methods 1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and 1012 and 
Appendices A and B contained in TM 91-01;
    (4) Amendments to COMAR 26.11.13.02C(2), Maryland's storage tank 
regulation to exempt storage tanks with liquid mounted seals from the 
secondary seal requirement for consistency with the applicable control 
techniques guideline (CTG);
    (5) Amendments to COMAR 26.11.13.05B(2) and 26.11.13.05C(2) to 
delete specific references to the EPA approved test methods and replace 
the old reference with references to COMAR 26.11.01.04C.
    (6) Amendments to COMAR 26.11.19.02D, 26.11.19.09, 26.11.19.12F to 
delete references to Maryland's old technical memorandum and replace 
the old references with references to COMAR 26.11.01.04C.
    (7) Amendments to COMAR 26.11.19.07A to add definitions for the 
terms sheet-fed paper coating and ultraviolet curable coating.
    (8) Addition of new COMAR 26.11.19.07D, a RACT regulation for 
sheet-fed paper coating. Sheet-fed paper coating is a source category 
for which EPA has not issued a CTG, a so called ``non-CTG'' source 
category.
    (9) Amendments to COMAR 26.11.19.11B and C to clarify the 
applicability of this miscellaneous printing and coating regulation.
    (10) Addition of new COMAR 26.11.19.16, which contains VOC leak 
detection and repair requirements. This regulation applies to persons 
subject to any VOC regulation in COMAR 26.11.19 and not subject to a 
more specific leak requirement.
    Other specific requirements of these revisions, and the rationale 
for EPA's action are explained in the NPR and will not be restated 
here. No public comments were received on the NPR.

Final Action

    EPA is approving the addition of Appendices A and B and Methods 
1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and 1012 contained in 
TM 91-01 and COMAR 26.11.19.16 into the Maryland SIP, as well as 
amendments to COMAR 26.11.01.01, 26.11.01.04, 26.11.13.02, 26.11.13.05, 
26.11.19.02, 26.11.19.07, 26.11.19.09, 26.11.19.11, and 26.11.19.12, 
which were proposed for approval on September 30, 1993 (58 FR 51028) in 
Maryland's ozone SIP, which Maryland submitted to EPA on April 5, 1991.
    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.I11This 
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, pertaining to corrections to VOC 
regulations in the Maryland ozone SIP, 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: August 4, 1994.
Peter H. Kostmayer,
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 paragraphs (c)(103), (104) 
and (105) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (103) Revisions to the Maryland State Implementation Plan submitted 
on September 20, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 20, 1991 from the Maryland Department of 
the Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on July 24, 1991, effective 
August 19, 1991:
    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of a: reference to 40 CFR part 60; and 
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991).
    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions 
for large storage tanks.
    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test 
methods.
    (5) Amendments to COMAR 26.11.19.07A, including amendments to the 
definition for the term paper coating, and the addition of definitions 
for the terms sheet-fed paper coating and ultraviolet curable coating, 
and the renumbering of definitions.
    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed 
paper coating.
    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 
26.11.19.11C, pertaining to plastic coating.
    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile 
organic compound equipment leaks.
    (ii) Additional material.
    (A) Remainder of the September 20, 1991 State submittal pertaining 
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and 
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01, 
Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 20, 1992, 
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1006, 1007, and 1008 
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1000 and Appendixes A and B 
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods 
for coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission 
standards for volatile organic compound metal cleaning.
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to 
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR 
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 18, 1993, 
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1003 and Appendix B contained 
in Supplement 2.
    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to 
compliance determinations for tank trucks.
    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the 
term ultraviolet curable coating.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to 
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources 
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 
26.11.19.07A(4).
* * * * *
[FR Doc. 94-21946 Filed 9-6-94; 8:45 am]
BILLING CODE 6560-50-F