[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.
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(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