[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Rules and Regulations]
[Pages 2018-2022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-286]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD3-2-5624a, MD10-2-6169a, MD24-2-5968a, MD25-1-6146a, MD28-1-6147a; 
FRL-5123-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; VOC RACT Catch-ups and Stage I Vapor Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Maryland. These revisions establish statewide 
applicability for Maryland's category-specific volatile organic 
compound (VOC) reasonably available control technology (RACT) 
regulations, lower the applicability threshold for VOC RACT 
regulations, and correct deficiencies in Maryland's Stage I Vapor 
Recovery rule. These revisions were submitted to comply with the RACT 
``Catch-up'' and ``Fix-up'' provisions of the Clean Air Act (the Act). 
The intended effect of this action is to approve revisions to 
Maryland's category-specific VOC RACT regulations, including Stage I. 
This action is being taken in accordance with the SIP submittal and 
revision provisions of the Act.

DATES: This final rule is effective on March 7, 1995 unless notice is 
received on or before February 6, 1995 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: Maria A. Pino, (215) 597-9337.

SUPPLEMENTARY INFORMATION: On June 8, 1993 and July 19, 1993, the State 
of Maryland submitted revisions to its ozone SIP to establish statewide 
applicability for Maryland's VOC RACT regulations, lower the 
applicability threshold for VOC RACT regulations, and correct 
deficiencies in Maryland's Stage I Vapor Recovery (Stage I) regulation. 
These revisions were submitted to comply with the RACT ``Catch-up'' and 
``Fix-up'' provisions of the Act. Previously, on April 5, 1991, April 
2, 1992, and January 18, 1993, Maryland submitted SIP revisions to 
comply with the RACT Fix-up requirements. These submittals also contain 
revisions to Maryland's Stage I regulation.
    This rulemaking action addresses revisions to Maryland's Stage I 
regulation (COMAR 26.11.13.04) submitted by Maryland on April 5, 1991, 
April 2, 1992, January 18, 1993, June 8, 1993 and July 19, 1993. This 
rulemaking action also addresses revisions to Maryland's VOC RACT 
regulations, COMAR 26.11.11.02, 26.11.11.04, 26.11.13.01, 26.11.13.02, 
26.11.13.07, 26.11.19.01, 26.11.19.02A, F and H, and 26.11.19.10, 
submitted on June 8, 1993 and July 19, 1993.
    Maryland's June 8, 1993 and July 19, 1993 submittals also contain 
revisions to Maryland's generic VOC RACT and minor source regulations, 
COMAR 26.11.19.02G and 26.11.06.06 A and B, respectively. Revisions to 
COMAR 26.11.19.02G and 26.11.06.06 A and B are the subject of a 
separate rulemaking action.

I. Background

RACT Fix-up Requirement

    Under the pre-amended Act (i.e the Act prior to the 1990 
Amendments), ozone nonattainment areas were required to adopt RACT 
rules for sources of VOC emissions. EPA issued three sets of control 
technique guideline documents (CTGs), establishing a ``presumptive 
norm'' for RACT for various categories of VOC sources. The three sets 
of CTGs were (1) Group I--issued before January 1978 (15 CTGs); (2) 
Group II--issued in 1978 (9 CTGs); and (3) Group III--issued in the 
early 1980's (5 CTGs). Those sources not covered by a CTG were called 
non-CTG sources.
    EPA determined that an area's SIP-approved attainment date 
established which RACT rules the area needed to adopt and implement. 
Under pre-amended section 172(a)(1), ozone nonattainment areas were 
generally required to attain the ozone standard by December 31, 1982. 
Those areas that submitted an attainment demonstration projecting 
attainment by that date were required to adopt RACT for sources covered 
by the Group I and II CTGs. Those areas that sought an extension of the 
attainment date under section 172(a)(2) to as late as December 31, 1987 
were required to adopt RACT for all CTG sources and for all major non-
CTG sources (i.e. sources having potential VOC emissions of 100 tons 
per year (TPY) or more).
    Under the pre-amended Act, EPA designated the Baltimore, Washington 
DC, and Philadelphia areas as nonattainment. Under the pre-amended Act, 
the Baltimore area included the City of Baltimore and Anne Arundel, 
Baltimore, Carroll, Harford, and Howard Counties. Under the pre-amended 
Act, the Washington DC area included Montgomery and Prince George's 
Counties in Maryland, as well as the District of Columbia and a portion 
of Northern Virginia. Under the pre-amended Act, the Philadelphia 
nonattainment area did not include any areas in the State of Maryland.
    The Baltimore and Washington DC nonattainment areas each 
established a pre-enactment (i.e. prior to enactment of the 1990 
Amendments) attainment date of December 31, 1987 and, therefore, were 
required to adopt RACT for Group I, II, and III CTG categories as well 
as non-CTG VOC sources with the potential to emit 100 TPY or more. 
However, these areas did not attain the ozone standard by the approved 
attainment date. On May 26, 1988, EPA notified the Governor of Maryland 
that portions of Maryland's SIP were [[Page 2019]] inadequate to attain 
and maintain the ozone standard and requested that deficiencies in the 
existing SIP be corrected (EPA's SIP Call). On November 15, 1990, 
amendments to the 1977 Clean Air Act were enacted. Pub. L. 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section 
182(a)(2)(A) of the Act, Congress statutorily adopted the requirement 
that pre-enactment ozone nonattainment areas which retained their 
designation of nonattainment and were classified as marginal or above 
fix their deficient RACT rules for ozone by May 15, 1991. This is known 
as the RACT fix-up requirement.
    Under the amended Act, EPA and the States were required to review 
the designation of areas and to redesignate areas as nonattainment for 
ozone if the air quality data from 1987, 1988, and 1989 indicated that 
the area was violating the ozone standard. On November 6, 1991 and 
November 30, 1992, EPA issued those designations. 56 FR 56694 and 57 FR 
56762. The Baltimore and Philadelphia nonattainment areas retained 
their designations of nonattainment and were classified as severe. The 
Washington DC nonattainment area also retained its designation of 
nonattainment and was classified as serious. 56 FR 56694 (Nov. 6, 
1991).

RACT Catch-up Requirement

    Section 182(b)(2) of the amended Act requires States to adopt RACT 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing CTG (i.e. 
a CTG issued prior to the enactment of the Amendments); (2) RACT for 
sources covered by a post-enactment CTG; and (3) all major sources not 
covered by a CTG. This RACT requirement makes nonattainment areas that 
previously were exempt from RACT requirements ``catch up'' to those 
nonattainment areas that became subject to those requirements during an 
earlier period, and therefore is known as the RACT Catch-up 
requirement. In addition, it requires newly designated ozone 
nonattainment areas to adopt RACT rules consistent with those for 
previously designated nonattainment areas.
    Since the Baltimore and Washington DC nonattainment areas were 
previously required to adopt RACT for Group I, II, and III CTG sources, 
to meet the RACT Catch-up requirement, Maryland was not required to 
submit additional existing CTG RACT rules for those areas. However, the 
size threshold for defining a major source for severe and serious areas 
has been lowered under the amended Act to cover sources that have the 
potential to emit 25 and 50 TPY of VOC or more, respectively. 
Therefore, Maryland was required to adopt RACT rules for all sources 
that exceed these cut-offs.
    The pre-enactment Washington DC and Philadelphia nonattainment 
areas retained their nonattainment designations, and EPA extended the 
boundaries of these nonattainment areas. The Washington DC 
nonattainment area was extended to include Calvert, Charles, and 
Frederick Counties in Maryland. The Philadelphia nonattainment area was 
expanded to include Cecil County, Maryland. 56 FR 56694 (November 6, 
1991). Therefore, under the RACT Catch-up provision of section 
182(b)(2), the State was required, for these portions of the 
nonattainment areas, to submit RACT rules covering all pre-enactment 
CTGs, to identify all sources the State anticipates will be covered by 
a post-enactment CTG and to submit non-CTG rules for all remaining 
major sources with the potential to emit 50 and 25 TPY VOC or more in 
the Washington DC and Philadelphia nonattainment areas, respectively.
    As stated above, EPA and the States reviewed the designation of 
areas and redesignate areas as nonattainment for ozone using air 
quality data from 1987, 1988, and 1989. EPA issued those designations 
on November 6, 1991 and November 30, 1992. 56 FR 56694 and 57 FR 56762. 
The Kent and Queen Anne's Counties area, which was designated 
unclassifiable/attainment prior to enactment, was redesignated to 
nonattainment and classified as marginal. The Counties of Allegany, 
Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
Washington, Wicomico, and Worcester retained their unclassifiable/
attainment designations. Under the pre-amended Act, these areas were 
not required to meet the RACT requirement for nonattainment areas.
    The entire State of Maryland, including Kent, Queen Anne's, 
Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
Washington, Wicomico, and Worcester Counties, is located in the ozone 
transport region (OTR) that was statutorily created by section 184 of 
the Act. As such, Maryland was required to adopt RACT rules for all CTG 
and non-CTG sources throughout the State by November 15, 1992. 
Therefore, under the RACT Catch-up provision of section 182(b)(2), 
Maryland was required to submit RACT rules for Kent, Queen Anne's, 
Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
Washington, Wicomico, and Worcester Counties covering all pre-enactment 
CTGs, to identify all sources the State anticipates will be covered by 
a post-enactment CTG and to submit non-CTG rules for all remaining 
major sources having the potential to emit 50 TPY of VOC or more.
    In summary, to fully comply with the RACT Catch-up provisions of 
the Act, Maryland is required to expand its RACT regulations to 
statewide. It must adopt all RACT regulations for all CTG sources and 
all major non-CTG VOC sources (VOC sources with the potential to emit 
 25 TPY in Cecil County and the Baltimore nonattainment area 
and  50 TPY in the remainder of the State) throughout the 
State. Sources must comply with these provisions as expeditiously as 
possible, but no later than May 15, 1993.

State Submittals

    On April 5, 1991, September 20, 1991, April 2, 1992, January 18, 
1993, June 8, 1993 and July 19, 1993, Maryland submitted SIP revisions 
to address the RACT fix-up requirement. Portions of Maryland's June 8, 
1993 and July 19, 1993 submittals also address the RACT Catch-up 
requirement.
    EPA proposed approval of portions of Maryland's April 5, 1991 
submittal on September 27, 1993 (58 FR 50307). EPA proposed approval of 
portions of Maryland's September 20, 1991, April 2, 1992 and January 
18, 1993 submittals on and September 30, 1993 (58 FR 51028). Final 
action on this proposal was taken on September 7, 1994 (59 FR 46180). 
EPA proposed approval of one regulation contained in these submittals, 
Standards for Adhesive Application, on February 16, 1993 (58 FR 8565). 
Final action on this regulation was taken on November 30, 1993 (58 FR 
63085).
    The portions of Maryland's April 5, 1991, April 2, 1992, January 
18, 1993 June 8, 1993, and July 19, 1993 submittals pertaining to 
Maryland's Stage I (COMAR 26.11.13.04) regulation are addressed in this 
rulemaking action. Maryland's September 20, 1991 submittal did not 
include any revisions to Stage I. This rulemaking action also addresses 
revisions to Maryland's VOC RACT regulations, COMAR 26.11.11.02, 
26.11.11.04, 26.11.13.01, 26.11.13.02, 26.11.13.07, 26.11.19.01, 
26.11.19.02A, F and H, and 26.11.19.10, submitted on June 8, 1993 and 
July 19, 1993.
    Maryland's April 5, 1991, June 8, 1993 and July 19, 1993 submittals 
also contain revisions to Maryland's generic VOC RACT and minor source 
[[Page 2020]] regulations, COMAR 26.11.19.02G and 26.11.06.06A and B, 
respectively. Revisions to COMAR 26.11.19.02G and 26.11.06.06A and B 
are the subject of a separate rulemaking action.

II. EPA Evaluation and Action

    VOCs contribute to the production of ground level ozone and smog. 
These rules were adopted as part of an effort to achieve the National 
Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's 
evaluation and action for the State of Maryland. Detailed descriptions 
of the amendments addressed in this document, and EPA's evaluation of 
the amendments, are contained in the technical support document (TSD) 
prepared for these revisions. Copies of the TSD are available from the 
EPA Regional office listed in the ADDRESSES section of this document.

RACT Catch-up Requirements

    Because Maryland is in the OTR, the entire State is subject to the 
RACT Catch-up provisions of section 182(b)(2) of the Act. Therefore, 
Maryland is required to (1) adopt statewide RACT rules covering all 
pre-enactment CTGs, (2) identify all sources the State anticipates will 
be covered by a post-enactment CTG and (3) submit non-CTG rules for all 
remaining major sources. The Baltimore and Philadelphia nonattainment 
areas are classified as severe. Therefore a major source in these areas 
is a source having the potential to emit 25 TPY of VOC or more. In the 
remainder of the State, a major source is defined as a source having 
the potential to emit 50 TPY of VOC or more.

State Submittal

    Maryland had previously adopted all applicable Group I, II, and III 
CTGs. On February 22, 1993, Maryland submitted a negative declaration 
letter to EPA indicating that Maryland has no sources covered by the 
CTGs which Maryland has not adopted. Through the following revisions, 
Maryland has expanded the applicability of its CTG regulations to 
statewide and lowered the major source threshold for non-CTG RACT.
    (1) Maryland revised the applicability of its VOC stationary source 
regulations, COMAR 26.11.11.02 (Asphalt Paving), COMAR 26.11.11.04 
(Petroleum Refineries), COMAR 26.11.13 (Control of Gasoline and 
Volatile Organic Compound Storage and Handling), and COMAR 26.11.19 
(Volatile Organic Compounds from Specific Processes), to statewide. 
Under COMAR 26.11.11, sources in the newly regulated areas must comply 
by the effective date of the regulation, April 26, 1993. Under COMAR 
26.11.13 and the category-specific regulations in COMAR 26.11.19, 
sources in Maryland's newly regulated areas must comply as 
expeditiously as possible, but no later than May 15, 1993. Sources in 
Maryland's pre-enactment nonattainment areas must already be in 
compliance with COMAR 26.11.11, 26.11.13, and 26.11.19.
    (2) Maryland also added a definition for the term ``major 
stationary source of VOC'' (COMAR 26.11.19.01B(4)) to its VOC 
regulations. This term means any stationary source with the potential 
to emit (a) 25 TPY of VOC or more in the City of Baltimore and Anne 
Arundel, Baltimore, Carroll, Cecil, Harford, and Howard Counties and 
(b) 50 TPY in the remainder of the State.
    (3) Finally, Maryland changed the applicability threshold for COMAR 
26.11.19.10: Graphic Arts, from 550 pounds per day (100 TPY) to the 
major source threshold defined in COMAR 26.11.19.01B(4).

EPA's Evaluation

    The revisions listed above are approvable as SIP revisions because 
they comply with the RACT Catch-up requirements of the Act. Through 
these revisions, Maryland has met the first major Catch-up requirement, 
which was to adopt statewide RACT rules covering all pre-enactment 
CTGs.
    The remaining requirements, (1) to identify all sources the State 
anticipates will be covered by a post-enactment CTG and (2) to submit 
non-CTG rules for all remaining major sources, are addressed through 
Maryland's generic VOC RACT regulation, COMAR 26.11.19.02G. Revisions 
to COMAR 26.11.19.02G are the subject of a separate rulemaking action.

RACT Fix-up Requirements

    Maryland was required to correct deficiencies in existing VOC RACT 
regulations applicable in pre-enactment nonattainment areas. EPA 
identified deficiencies in Maryland's Stage I regulation, COMAR 
26.11.13.04, in a June 14, 1988 letter to Maryland which followed EPA's 
SIP Call. In order to correct the identified deficiencies, Maryland 
must revise its Stage I regulation to conform to EPA guidance, 
including the Stage I CTG and model rules.
    Specifically, Maryland is required to revise its Stage I bulk 
terminal regulation to require vapor control systems to collect all 
vapors from its loading racks and destroy at least 90% of these vapors. 
Maryland is required to adopt a bulk gasoline plant regulation which 
conforms with EPA policy. Additionally, Maryland is required to revise 
its Stage I small storage tank regulation to require that all tanks 
installed prior to January 1, 1979 with a 2000 gallon capacity or 
greater and all tanks constructed after December 31, 1978 with a 250 
gallon capacity or greater be equipped with a vapor control system.

State Submittal

    Maryland revised its regulation, COMAR 26.11.13.04: Control of 
Gasoline and VOC Storage--Loading Operations (A. Bulk Terminals, B. 
Bulk Plants, C. Small Storage Tanks, and D. General Requirements), to 
respond to the requirements listed above. Additionally, Maryland 
expanded the applicability of this regulation to statewide. Maryland 
also made a minor revision to its definition of the term ``bulk 
gasoline plant'' (COMAR 26.11.13.01B(1)), for clarification.
A. Bulk Terminals
    Maryland's Stage I bulk gasoline terminal regulation, which covers 
facilities with daily gasoline throughput greater than 20,000, now 
requires vapor control systems at loading racks to collect all vapors 
and destroy at least 90% of these vapors.
B. Bulk Plants
    Maryland's bulk gasoline plant regulates facilities with daily 
gasoline throughput between 4,000 gallons and 20,000 gallons. This 
regulation conforms with EPA's model rule requiring vapor balance 
systems and top submerged or bottom loading systems. This regulation 
also prohibits the transfer of gasoline into a storage tank unless 
Stage I is properly used and requires that the vapor control system be 
leak tight.
C. Small Storage Tanks
    Maryland revised the capacity limits in Maryland's small storage 
tank Stage I regulation. The new capacity cutoffs are 250 gallons for 
``new'' tanks constructed after May 8, 1991 and 2,000 gallons for 
``old'' tanks constructed before May 8, 1991.
D. General Requirements
    This section prohibits the loading of VOC or gasoline into a tank 
truck, railroad car, or other contrivance unless the loading 
connections on the vapor lines are equipped with leak tight fittings 
which automatically close upon disconnection, and the equipment is 
maintained and operated to prevent avoidable liquid leaks during 
loading and unloading. [[Page 2021]] 

EPA's Evaluation

    These revisions are approvable because they correct deficiencies in 
Maryland's existing Stage I regulation and expand the applicability to 
statewide to conform with the RACT Fix-up and Catch-up requirements of 
the Act. These regulations now conform to EPA guidance.
    In COMAR 26.11.13.04C, Small Storage Tanks, Maryland's use of an 
alternative date (May 8, 1991 instead of January 1, 1979) to 
distinguish between new and old storage tanks is acceptable because it 
conforms with the spirit of EPA's guidance. The January 1, 1979 date 
was used in the Stage I model rule found in EPA's April 1978 document, 
``Regulatory Guidance for the Control of Volatile Organic Compound 
Emissions from 15 Categories of Stationary Sources,'' to grandfather 
existing tanks in newly regulated areas. Maryland used the May 8, 1991 
because that was the effective date of the first amendments to this 
regulation made to comply with the RACT Fix-up requirements.
    EPA is approving these SIP revisions without prior proposal because 
the Agency views them as noncontroversial amendments and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will be 
effective on March 7, 1995 unless, within 30 days of publication, 
adverse or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent notice 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 March 7, 1995.
    As required by 40 CFR 51.102, the State of Maryland has certified 
that public hearings with regard to these revisions were held in 
Maryland on September 30, 1986 in Baltimore; on October 11, 1990 in 
Annapolis; on November 25, 1991 in Baltimore; on November 17, 18, and 
20, 1992 in Frederick, Centreville, and Columbia, respectively; and on 
June 8, 1993 in Baltimore.

Final Action

    Because these revisions comply with the RACT Fix-up and Catch-up 
requirements of section 182 of the Act, EPA is approving the amendments 
to Maryland's VOC RACT regulations, including Stage I. Specifically, 
EPA is approving amendments to COMAR 26.11.11.02, 26.11.11.04, 
26.11.13.01, 26.11.13.02, 26.11.13.04, 26.11.13.07, 26.11.19.01, 
26.11.19.02A, F and H, and 26.11.19.10. These revisions were submitted 
to EPA by the State of Maryland as SIP revisions on April 5, 1991, 
April 2, 1992, January 18, 1993, June 8, 1993, and July 19, 1993.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP 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 
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, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the Act, 
preparation of a flexibility analysis would constitute federal inquiry 
into the economic reasonableness of State action. The 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 2 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 March 7, 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).)
    The Regional Administrator's decision to approve or disapprove the 
SIP revision, pertaining to Maryland's VOC RACT Catch-ups and Stage I 
Vapor Recovery, will be based on whether it meets the requirements of 
section 110(a)(2)(A)-(K), and Part D of the Clean Air Act, as amended, 
and EPA regulations in 40 CFR Part 51.

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 19, 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) (110), 
(111), (112), (113), and (114) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (110) 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 additions, 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 addition of COMAR 26.11.13.04, pertaining to loading 
[[Page 2022]] operations, adopted by the Secretary of the Environment 
on March 9, 1991, effective May 8, 1991.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.13.04, loading operations.
    (111) 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 additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 
26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 20, 1992, effective February 17, 1992.
    (ii) Additional material.
    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 
26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (112) 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 additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 
26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of January 18, 1993 State submittal pertaining to 
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (113) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 
26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 26, 1993, 
effective April 26, 1993:
    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt 
paving.
    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the 
term bulk gasoline plant.
    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability 
and exemptions.
    (4) Amendments to COMAR 26.11.13.04, pertaining to loading 
operations.
    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for 
compliance.
    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the 
term major stationary source of VOC.
    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to 
applicability, reporting and recordkeeping, and plans for compliance, 
respectively.
    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
    (114) Revisions to the Maryland State Implementation Plan submitted 
on July 19, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 19, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 
26.11.
    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline 
terminals, adopted by the Secretary of the Environment on June 25, 
1993, effective July 19, 1993.
    (ii) Additional material.
    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 
26.11.13.04A, bulk gasoline terminals.

[FR Doc. 95-286 Filed 1-5-95; 8:45 am]
BILLING CODE 6560-50-P