[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Pages 26462-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12719]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD067-3025a; FRL-6012-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Definition of the Term ``Major Stationary Source of VOC''

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 pertains to 
amendments to Maryland's definition of the term major stationary source 
of volatile organic compounds (VOC). This action is being taken in 
accordance with the SIP submittal and revision provisions of the Act.

DATES: This final rule is effective July 13, 1998 unless on or before 
June 12, 1998, adverse or critical comments are received. If adverse 
comments are received EPA will publish a timely withdrawal in the 
Federal Register and inform the public that the rule did not take 
effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and 
Mobile Sources Section, Mailcode 3AP21, 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 
Protection Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, Pennsylvania 19107 and the 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 566-2181, at the 
EPA Region III address above, or via e-mail at 
[email protected]. While information may be requested via e-
mail, any comments must be submitted in writing to the EPA Region III 
address above.

SUPPLEMENTARY INFORMATION:

Description of the State's Submittal

    On July 12, 1995, the Maryland Department of the Environment 
submitted amendments to its air quality regulations to EPA as a SIP 
revision. The July 12, 1995 submittal contains amendments to the 
definition of the term ``major stationary source of VOC'' and 
Maryland's major source VOC reasonably available control technology 
(RACT) regulation, COMAR 26.11.19.01B(4) and 26.11.19.02G, 
respectively. Maryland revised its definition by lowering the major 
source size ``threshold'' in the Maryland portion of the Washington, DC 
ozone nonattainment area, Calvert, Charles, Frederick, Montgomery, and 
Prince George's Counties, and by requiring RACT on these newly defined 
major sources. This action pertains only to Maryland's revisions to 
COMAR 26.11.19.01B(4), the definition of the term ``major stationary 
source of VOC.'' Revisions to Maryland's major source VOC RACT 
regulation are the subject of a separate rulemaking action.
    Maryland's July 1995 submittal lowers the major source size 
``threshold'' in the Maryland portion of the Washington, DC ozone 
nonattainment area from 50 to 25 tons per year (TPY) of VOC as is 
already required in the Baltimore ozone nonattainment area. The term 
``major stationary source of VOC,'' COMAR 26.11.19.01B(4), has been 
amended, therefore, to mean any stationary source with the potential to 
emit: (a) 25 TPY of VOC or more in the City of Baltimore and Anne 
Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, 
Harford, Howard, Montogomery, and Prince George's Counties, and (b) 50 
TPY in the remainder of the State.
    As required by 40 CFR 51.102, the State of Maryland has certified 
that public hearings with regard to these proposed revisions were held 
in Maryland on December 15, 1994 in Baltimore, Maryland.

EPA's Evaluation

    Maryland's July 12, 1995 SIP revision submittal contains revisions 
to lower the major source size ``threshold'' for the Maryland portion 
of the Washington, DC serious ozone nonattainment area, Calvert, 
Charles, Frederick, Montgomery, and Prince George's Counties, and 
required RACT on these newly defined major sources. These revisions are 
needed as part of Maryland's plan to meet the Clean Air Act's rate-of-
progress (ROP) requirements in the Maryland portion of the Washington, 
DC ozone nonattainment area. Under the Clean Air Act's ROP provisions, 
in section 182, any ozone nonattainment area classified as serious or 
worse is required to reduce emissions of VOCs by three percent per year 
from 1990 until the area's attainment date for the 1-hour National 
Ambient Air Quality Standard (NAAQS) for ozone. One of the control 
measures Maryland is using to reduce VOC emissions in the Washington, 
DC nonattainment area is RACT on VOC sources with the potential to emit 
between 25 and 50 TPY.
    This revision strengthens the Maryland SIP and will result in VOC 
emission reductions. EPA is, therefore, approving this revision to the 
Maryland SIP.
    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse or critical comments be filed. This rule will be effective July 
13, 1998 without further notice unless the Agency receives relevant 
adverse comments by June 12, 1998.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal of the final rule and inform the public that the rule did 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. Only 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 rule 
will be effective on July 13, 1998 and no further action will be taken 
on the proposed rule.

Final Action

    EPA is approving Maryland's July 12, 1995 revisions to the 
definition of the term ``major stationary source of VOC,'' COMAR 
26.11.19.01B(4), and incorporating those revisions into the Maryland 
SIP.
    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.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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

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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).

C. Unfunded Mandates

    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 rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
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.
    EPA has determined that the approval action 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, pertaining to revisions to Maryland's 
definition of the term ``major stationary source of VOC,'' must be 
filed in the United States Court of Appeals for the appropriate circuit 
by July 13, 1998. 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.

    Dated: April 24, 1998.
Thomas Voltaggio,
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 et seq.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(128) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (128) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions 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) Revisions to COMAR 26.11.19.01B(4), definition of the term 
``Major stationary source of VOC,'' adopted by the Secretary of the 
Environment on April 13, 1995, and effective on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major 
stationary source of VOC.''

[FR Doc. 98-12719 Filed 5-12-98; 8:45 am]
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