[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29293]


[[Page Unknown]]

[Federal Register: November 29, 1994]



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40 CFR Part 52

[MD3-1-6338; FRL-5105-1]

 

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

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 December 29, 
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.

SUPPLEMENTARY INFORMATION: On September 27, 1993 (58 FR 50307), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Maryland. The formal SIP revision was submitted by Maryland on April 5, 
1991. 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).
    On October 18, 1993, Maryland formally withdrew from consideration 
as a SIP revision amendments pertaining to lithographic printing, COMAR 
26.11.19.11D and E, submitted on April 5, 1991. On June 8, 1993, 
Maryland submitted a SIP revision including amendments to Maryland's 
generic VOC RACT regulation, COMAR 26.11.19.02G. EPA has determined 
that is appropriate to conduct rulemaking on the generic VOC RACT 
provision, COMAR 26.11.19.02G, in a separate rulemaking on the June 8, 
1993 Maryland submittal. Therefore, EPA is withdrawing its proposed 
approval of COMAR 26.11.19.02G.
    This action approves all revisions for which EPA proposed approval 
on September 27, 1993 (58 FR 50307), except COMAR 26.11.19.02G and 
26.11.19.11D and E. These revisions include corrections to deficiencies 
in regulations covering source categories for which EPA has issued a 
control techniques guidance document (CTG), major VOC sources (having 
the potential to emit  100 tons VOC per year) for which EPA 
has not issued a CTG (non-CTG sources), and minor non-CTG sources.
    Specifically, this action is approving the following revisions to 
COMAR 26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B of the 
Maryland ozone SIP:

    (1) The revision, addition, and deletion of definitions for certain 
terms to conform with EPA guidance (COMAR 26.11.01.01, General 
Administrative Provisions-Definitions);
    (2) The revision of applicability criteria for permits to construct 
or modify for motor vehicle gasoline storage tanks in Maryland's 
nonattainment areas (COMAR 26.11.02.03, Sources and Installations 
Subject to Permits to Construct and Approvals);
    (3) The addition of definitions for certain terms to conform with 
EPA guidance (COMAR 26.11.06.01, General Emission Standards, 
Prohibitions & Restrictions-Definitions);
    (4) The revision of the applicability, compliance, and exemption 
provisions of Maryland's minor non-CTG VOC source regulation (COMAR 
26.11.06.06A, B and E, General Emission Standards, Prohibitions & 
Restrictions-Volatile Organic Compounds);
    (5) The revision, addition, and deletion of definitions for certain 
terms to conform with EPA guidance (COMAR 26.11.13.01, Control of 
Gasoline and Volatile Organic Compound Storage and Handling-
Definitions);
    (6) The clarification of the applicability of Maryland's gasoline 
and VOC storage regulation (COMAR 26.11.13.02, Control of Gasoline and 
Volatile Organic Compound Storage and Handling-Applicability and 
Exemptions);
    (7) The revisions to Maryland's large storage tank RACT regulation 
to conform with EPA guidance (COMAR 26.11.13.03, Control of Gasoline 
and Volatile Organic Compound Storage and Handling-Large Storage 
Tanks);
    (8) The revisions to Maryland's tank truck leak regulation to 
conform with EPA guidance (COMAR 26.11.13.05, Control of Gasoline and 
Volatile Organic Compound Storage and Handling-Gasoline Leaks from Tank 
Trucks);
    (9) The clarification of a CFR reference in Maryland's gasoline 
Reid Vapor Pressure regulation (COMAR 26.11.13.06, Control of Gasoline 
and Volatile Organic Compound Storage and Handling-Gasoline Reid Vapor 
Pressure (RVP));
    (10) The revision and addition of definitions for certain terms to 
conform with EPA guidance (COMAR 26.11.19.01B, Volatile Organic 
Compounds from Specific Processes-Definitions);
    (11) The revisions to outline applicability, compliance methods, 
testing, reporting, and general requirements for Maryland's CTG and 
non-CTG VOC regulations, in accordance with EPA guidance. As noted 
above, EPA is withdrawing its proposed approval of COMAR 26.11.19.02G, 
and will conduct rulemaking on this provision in a separate rulemaking 
on Maryland's June 8, 1993 submittal. (COMAR 26.11.19.02A-F, Volatile 
Organic Compounds from Specific Processes-Applicability, Determining 
Compliance, Reporting, and General Requirements);
    (12) The revisions to Maryland's paper, fabric, and vinyl coating 
regulation to clarify its applicability (COMAR 26.11.19.07, Volatile 
Organic Compounds from Specific Processes-Paper, Fabric, and Vinyl 
Coating);
    (13) The deletion of definitions for certain term which no longer 
appear in Maryland's graphic arts regulation, revision of a definition 
for a term to conform with EPA guidance, and revisions to clarify 
applicability and correct deficiencies to make this regulation conform 
with the applicable CTG (COMAR 26.11.19.10, Volatile Organic Compounds 
from Specific Processes-Graphic Arts);
    (14) The addition of non-CTG VOC RACT regulations for sheet-fed 
paper coating and plastic parts coating, and definitions for related 
terms (COMAR 26.11.19.11A-C, Volatile Organic Compounds from Specific 
Processes-Other Miscellaneous Printing and Coating);
    (15) The addition, revision, and deletion of terms to conform with 
EPA guidance, and the correction of deficiencies in Maryland's dry 
cleaning regulations to conform with the applicable CTGs (COMAR 
26.11.19.12, Volatile Organic Compounds from Specific Processes-Dry 
Cleaning Installations);
    (16) The revision and clarification of applicability criteria in 
Maryland's miscellaneous metal parts regulation to conform with the CTG 
(COMAR 26.11.19.13, Volatile Organic Compounds from Specific Processes-
Miscellaneous Metal Coating);
    (17) The revision of an emission standard in Maryland's synthetic 
pharmaceutical manufacturing regulation to correct a deficiency and 
make this regulation conform with the applicable CTG (COMAR 
26.11.19.14B, Volatile Organic Compounds from Specific Processes-
Manufacture of Synthetic Pharmaceutical Products); and
    (18) The addition of RACT regulations for non-CTG source 
categories, paint, resin, and adhesive manufacturing, and the addition 
of definitions for related terms (COMAR 26.11.19.15A and B, Volatile 
Organic Compounds from Specific Processes-Paint, Resin and Adhesive 
Manufacturing and Adhesive Application).
    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 revisions to COMAR 26.11.01.01, 26.11.02.03, 
26.11.06.01, 26.11.06.06A, B and E, 26.11.13.01, 26.11.13.02, 
26.11.13.03, 26.11.13.05, 26.11.13.06, 26.11.19.01B, 26.11.19.02A-F, 
26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 26.11.19.12, 26.11.19.13, 
26.11.19.14B, and 26.11.19.15A and B of Maryland's ozone SIP, submitted 
by Maryland 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.
    This action, pertaining to corrections to VOC regulations in the 
Maryland ozone SIP, 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 must be filed in the United States Court 
of Appeals for the appropriate circuit by January 30, 1995. 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: October 27, 1994.
W.T. Wiseniewski,
Acting Regional Administrator, Region II.

    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)(102) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (102) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 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 Health and Hygiene on June 10, 1987, 
effective August 10, 1987:
    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), 
pertaining to control of Volatile organic compounds from installations.
    (2) Addition of new section COMAR 26.11.06.06E, (proposed as 
10.18.06.06E), exemptions.
    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 
10.18.21.01B), including the addition of the definitions for the terms 
adhesive and exempt solvent, the renumbering of all definitions.
    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR 
10.18.21.02B-F), pertaining to compliance methods, methods of assessing 
compliance, test methods, computations, and reporting.
    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 
10.18.21.10B), pertaining to applicability and exemptions for graphic 
arts sources.
    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 
10.18.21.13), pertaining to miscellaneous metal coating.
    (7) Addition of new section COMAR 26.11.19.15A (proposed as 
10.18.21.15A), definition of terms.
    (8) Addition of new section COMAR 26.11.19.15B (proposed as 
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 
10.18.21.12), pertaining to dry cleaning installations, including the 
addition of new sections E and F, pertaining to equipment 
specifications, emission standards, and compliance determinations for 
petroleum solvent dry cleaning installations, adopted by the Secretary 
of the Environment on April 21, 1989, effective June 20, 1989.
    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to 
applicability, exemptions, equipment specifications, emission 
standards, and compliance determinations for perchloroethylene and 
petroleum solvent dry cleaning installations, adopted by the Secretary 
of the Environment on May 17, 1990, effective July 16, 1990.
    (E) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 9, 1991, effective 
May 8, 1991:

    (1) Amendments to COMAR 26.11.01.01, including the addition of 
definitions for the terms actual emissions, allowable emissions, 
potential to emit, premises, and reasonably available control 
technology (RACT); deletion of the definition for the term Ringelmann 
Smoke Chart; amendments to definitions for the terms New Source 
Impacting on a Non-Attainment Area (NSINA) and volatile organic 
compound (VOC); and renumbering of all definitions.
    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to 
permits to construct or modify for motor vehicle gasoline storage 
tanks.
    (3) The addition of new section COMAR 26.11.06.01, definitions for 
the terms installation and process line.
    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to 
applicability, control, and exemptions for sources of volatile organic 
compounds.
    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline 
and volatile organic compound storage and handling.
    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, 
pertaining to definitions, applicability, and exemptions for gasoline 
and volatile organic compounds storage and handling, large storage 
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
    (7) Amendments to COMAR 26.11.19.01B, addition of the definition 
for the term transfer efficiency, amendments to the definition for the 
term coating.
    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to 
applicability, compliance methods, methods of assessing compliance, 
test methods, computations, and reporting for volatile organic compound 
regulations.
    (9) Amendments to COMAR 26.11.19.07, the addition of new section B 
and revisions to new section C (former section B), pertaining to paper, 
fabric, and vinyl coating.
    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions 
for the terms high velocity hot-air dryer, letterpress methods, 
lithographic methods, and roll printing; revisions to the definition 
for the term web printing; and renumbering of all definitions.
    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic 
arts, including the deletion of existing section C and the addition of 
new section C.
    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining 
to sheet-fed paper and plastic parts coating, including definitions for 
the terms fountain, letterpress printing, lithographic printing, 
plastic parts coating, and sheet-fed coating.
    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to 
miscellaneous metal coating.
    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized 
pharmaceutical products.
    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, 
resin, and adhesive manufacturing, including revisions to definitions 
for the terms adhesive application, resin thin down tank, specialty 
footwear manufacturing, specialty spiral tube winding, spiral tube 
winding, and spiral wound tube impregnating and curing, the deletion of 
the definition for the term honeycomb core installation, and the 
renumbering of all definitions.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
    (B) Letter of April 17, 1992 from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991 letter 
transmitting additions, deletions, and revisions to Maryland's State 
Implementation Plan.
    (C) Letter of October 18, 1993 from the Maryland Department of the 
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, 
pertaining to lithographic printing, from consideration as revisions to 
Maryland's State Implementation Plan.
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[FR Doc. 94-29293 Filed 11-28-94; 8:45 am]
BILLING CODE 6560-50-F