[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3582-3584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1931]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD043-3005; FRL-5339-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Prevention of Significant Deterioration: PM-10 Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland which amends Code of Maryland 
Administrative Regulations (COMAR) 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14. The intended effect of this action is to approve an 
amendment to Maryland's Prevention of Significant Deterioration (PSD) 
program. This revision makes these regulations consistent with the 
currently effective version of 40 CFR part 52.21, including 
establishing the maximum increases in ambient particles with an 
aerodynamic diameter of less than or equal to a nominal 10 micrometers 
(PM-10) concentration allowed in an area above the baseline 
concentrations. This action is being taken in accordance with section 
110 of the Clean Air Act (CAA), and in satisfaction of the June 3, 1993 
promulgation of the PM-10 increment regulations requiring that existing 
state PSD programs be modified to replace the total suspended 
particulate (TSP) increments with the new PM-10 increment provisions.


[[Page 3583]]

DATES: This action is effective April 1, 1996 unless notice is received 
on or before March 4, 1996 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 Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, 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 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore Maryland 21224.

FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, (215) 597-2923.

SUPPLEMENTARY INFORMATION: From 1991 to 1993, EPA promulgated 
amendments to the regulations for the prevention of significant 
deterioration of air quality from emissions of sulfur dioxide, nitrogen 
oxides, and particulate matter. These regulations establish the maximum 
increases, or increments, in ambient concentrations of these criteria 
pollutants. In 1991, EPA amended the definition of significant at 
Sec. 52.21(b)(23)(i) (56 FR 5506). In 1992, EPA promulgated two 
revisions to 40 CFR Part 52.21. On February 3, 1992 EPA amended the 
definition of VOC at Sec. 52.21(b)(30) (57 FR 3946), and on July 21, 
1992 EPA adopted a New Source Review (NSR) exclusion for utility 
pollution control projects and amended Sec. 52.21(b)(2), (21), and 
(31)-(38) (57 FR 32314-32339).
    On June 3, 1993, EPA promulgated regulations under Section 166 of 
the Clean Air Act to prevent significant deterioration of air quality 
due to emissions of particles with an aerodynamic diameter of less than 
or equal to a nominal 10 micrometers (PM-10), establishing increments 
for PM-10. EPA added the PM-10 increments to the PSD program elements 
in 40 CFR 51.166 and 52.21, which replaced the original increments that 
were based on total suspended particulate (TSP) (58 FR 31637). On July 
20, 1993, EPA revised Sec. 52.21(l)(1) and (2), which adds Supplement B 
to the ``Guideline on Air Quality Models (Revised)'' (57 FR 38816).

Summary of SIP Revision

    On July 17, 1995, the State of Maryland submitted a formal revision 
to its State Implementation Plan (SIP). The SIP revisions consist of 
changes to Maryland's Prevention of Significant Deterioration (PSD) 
Program at the Code of Maryland Administrative Regulations (COMAR) 
26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14, which update 
references to 40 CFR Part 52.21 to the 1993 edition. The SIP would be 
revised to remove references to the 1990 edition of the CFR and replace 
those references with 1993.

EPA Evaluation

    EPA evaluated Maryland's SIP revision and concluded the following: 
(1) Updating the regulations provides updated definitions and model 
guidelines, establishes a New Source Review (NSR) exclusion for utility 
pollution control projects, and provides protection of the PSD 
increment for PM-10; and (2) all of the applicable requirements of 40 
CFR Part 51 and 52 are met. A more detailed evaluation is provided in a 
Technical Support Document available upon request from the Regional EPA 
office listed in the ADDRESSES section of this notice.
    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 April 1, 1996 unless, by March 1, 1996, 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 April 1, 1996.

Final Action

    EPA is approving as revisions to the Maryland SIP changes to the 
Code of Maryland Administrative Regulations (COMAR) which were 
submitted on July 17, 1995. The submitted revision updates the 
reference to 40 CFR 52.21. This actions make Maryland's SIP 
regulations, COMAR 26.11.01.01, 26.11.02.10 (C)(9) and 26.11.06.14, 
consistent with the currently effective version of 40 CFR 52.21.
    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 impact on 
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).
    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.

[[Page 3584]]

    EPA has determined that the approval action proposed/promulgated 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new Federal requirements. Accordingly, no additional costs 
to State, local, or tribal governments, or to the private sector, 
result from this action.
    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 a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (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 the Maryland SIP 
which make Maryland's SIP regulations, COMAR 26.11.01.01, 26.11.02.10 
(C)(9) and 26.11.06.14, consistent with the currently effective version 
of 40 CFR 52.21 must be filed in the United States Court of Appeals for 
the appropriate circuit by April 1, 1996. 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: November 3, 1995.
Stanley L. Laskowski,
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 paragraphs (c)(119) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (119) Revisions to the Code of Maryland Administrative Regulations 
for prevention of significant deterioration submitted on July 17, 1995 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 
26.11.06.14 under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1992 and 
1993. The amendments were effective on May 8, 1995 in the State of 
Maryland.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 State of Maryland submittal.

[FR Doc. 96-1931 Filed 1-31-96; 8:45 am]
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