[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7418-7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4444]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MD6-1-5626; FRL-5328-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Continuous Emission Monitoring

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. This revision establishes and 
requires continuous emission monitoring requirements for certain 
sources of air pollution. The regulation applies to operators of fossil 
fuel-fired steam generating equipment with a rated heat input capacity 
of 250 million BTU per hour or greater. The intended effect of this 
action is to approve an amended regulation submitted by the State of 
Maryland Department of the Environment as a SIP revision rendering its 
monitoring requirements as federally enforceable. This action is being 
taken in accordance with section 110 of the Clean Air Act.

DATES: This action is effective April 29, 1996 unless notice is 
received on or before March 29, 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 Spink, Associate Director, 
Air, Radiation, and Toxics Division, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, PA 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, PA 19107; the Air and Radiation 
Docket and Information Center, U.S. Environmental Protection Agency, 
401 M Street SW., Washington, D.C. 20460; and State of Maryland 
Department of the Environment, Air Management Association, 2500 
Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 597-7547.

SUPPLEMENTARY INFORMATION: On September 23, 1991, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of the following regulatory modifications: (1) 
Definition amendments to Code of Maryland Administrative Regulations 
(COMAR) 26.11.01.01, (2) the addition of regulation COMAR 26.11.01.10 
which contains continuous emissions monitoring (CEM) requirements for 
opacity and (3) amendments to COMAR 26.11.08.07 which would delete 
redundant language in requirements for CEMs for municipal solid waste 
incinerators.

Summary of SIP Revision

    The revision includes the addition of definitions regarding the 
continuous emission monitoring regulations, the continuous emission 
monitoring program requirements for opacity.
    The new regulations, found at COMAR 26.11.01.10, require continuous 
emission monitoring for large fuel burning sources. These new 
monitoring requirements will mandate the installation of continuous 
emission monitoring for opacity that will provide Maryland direct 
access to data for enforcement purposes. Opacity is an indicator of 
combustion efficiency and an indirect measure of particulate emissions. 
Data collected from the opacity monitoring will be used by Maryland as 
an indicator of whether proper operation and maintenance procedures are 
being used.
    Specifically, the revision adds a new regulation which provides 
that fossil fuel-fired steam generating units with a rated heat input 
of 250 million Btu per hour or greater shall install and operate a CEM 
to measure and record opacity. The new regulation also clearly 
stipulates monitoring and installation requirements, certification 
schedules, and recordkeeping and reporting requirements.
    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 on April 29, 1996, unless, by March 29, 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 document 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 29, 1996.

Final Action

    EPA is approving the amended regulations, COMAR 26.11.01.01 
Definitions and COMAR 26.11.01.10 Continuous Emissions Monitoring 
Requirements submitted by the State of Maryland Department of the 
Environment as a revision to the Maryland SIP. The regulation requires 
that the operators of fossil fuel-fired steam generating units, 
continuously monitor opacity and report the findings on a specified, 
regular basis to the 

[[Page 7419]]
Maryland Department of the Environment.
    Nothing in this action shall 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 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.
    Through submission of this state implementation plan revision, the 
State has elected to adopt the program provided for under Section 110. 
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).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the SIP processing guidelines of 
the July 10, 1995 memorandum from the Assistant Administrator for Air 
and Radiation.
    Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995, signed into law on March 22, 1995, EPA must undertake various 
actions in association with proposed or final rules that include a 
Federal mandate that may result in estimated costs of $100 million or 
more to the private sector, or to State, local, or tribal governments 
in the aggregate.
    Through submission of this state implementation plan revision, the 
State has elected to adopt the program provided for under section 110 
and subchapter I, part D of the Clean Air Act. These rules may bind 
State, local and tribal governments to perform certain actions and also 
require the private sector to perform certain duties. To the extent 
that the rules being approved by this action will impose no new 
requirement; such sources are already subject to these regulations 
under State law. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.
    EPA has also determined that this final action does not include a 
mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to the State of Maryland--
Continuous Emission Monitoring Regulations, must be filed in the United 
States Court of Appeals for the appropriate circuit by April 29, 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: October 24, 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 paragraph (c)(106) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (106) Revisions to the Maryland Regulations submitted on September 
18, 1991 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of September 18, 1991 from the Maryland Department of 
the Environment transmitting the continuous emission monitoring 
revision.
    (B) Definition amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new 
regulations COMAR 26.11.01.10 Continuous Emission Monitoring 
Requirements, concerning continuous opacity monitoring, effective July 
22, 1991.
    (ii) Additional materials.
    (A) Remainder of September 23, 1991 State submittal.
* * * * *
[FR Doc. 96-4444 Filed 2-27-96; 8:45 am]
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