[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47174-47179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD003-3024a, MD025-3024a, MD066-3024a; FRL-6148-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Conditional Limited Approval of Major VOC Source RACT and 
Minor VOC Source Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is conditionally and limitedly approving State 
Implementation Plan (SIP) revisions submitted by the State of Maryland. 
These revisions pertain to Maryland's major source volatile organic 
compound (VOC) reasonably available control technology (RACT) 
regulation and minor VOC source requirements. The RACT regulation 
applies to major VOC sources that are not covered by Maryland's 
category specific VOC RACT regulations. The minor source requirements 
apply to smaller VOC

[[Page 47175]]

sources that are not covered by RACT regulations.

DATES: This direct final rule is effective on November 3, 1998 without 
further notice, unless EPA receives adverse comment by October 5, 1998. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and 
Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
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, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103 and the Maryland Department of 
the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, 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:

Background--State Submittals

    On April 5, 1991, the State of Maryland formally submitted 
amendments to its air quality regulations to EPA as a SIP revision. 
Among the amendments submitted were revisions to COMAR 26.11.06.06, 
Maryland's minor VOC source requirements. Also included in Maryland's 
April 5, 1991 SIP revision request was the addition of COMAR 
26.11.19.02G, which requires RACT for major sources of VOC that are not 
covered by Maryland's category specific VOC RACT regulations. 
Throughout the remainder of this notice, COMAR 26.11.19.02G shall be 
termed Maryland's generic major source VOC RACT regulation. All other 
amendments submitted to EPA in Maryland's April 5, 1991 SIP revision 
request have been approved into Maryland's SIP through separate 
rulemaking actions. (See 58 FR 63085, 59 FR 60908 and 60 FR 2018.) This 
rulemaking action only pertains to the portion of Maryland's April 5, 
1991 submittal related to the addition of COMAR 26.11.19.02G, 
Maryland's generic major VOC source RACT regulation, and revisions to 
COMAR 26.11.06.06, Maryland's minor VOC source requirements.
    On June 8, 1993, the State of Maryland again submitted amendments 
to its air quality regulations to EPA as a SIP revision. The June 8, 
1993 submittal establishes statewide applicability for Maryland's 
generic major source VOC RACT regulation and category specific VOC RACT 
regulations, lowers the applicability threshold for VOC RACT 
regulations, expands the geographic applicability of Maryland's minor 
VOC source requirements, and corrects deficiencies in Maryland's Stage 
I Vapor Recovery regulation. This rulemaking action pertains only to 
the amendments contained in Maryland's June 8, 1993 submittal related 
to its generic major VOC source RACT regulation and its minor VOC 
source regulations, COMAR 26.11.19.02G and COMAR 26.11.06.06, 
respectively. All other regulations contained in the June 8, 1993 
submittal were the subject of a separate rulemaking action. (See 60 FR 
2018.)
    On July 12, 1995, the Maryland Department of the Environment 
submitted additional amendments to its air quality regulations to EPA 
as a SIP revision. The July 12, 1995 submittal contained amendments to 
the definition of the term ``major stationary source of VOC'' and 
Maryland's generic major source VOC RACT regulation, COMAR 
26.11.19.01B(4) and 26.11.19.02G, respectively. The revisions lowered 
the major source threshold for the Maryland portion of the Washington, 
DC ozone nonattainment area, Calvert, Charles, Frederick, Montgomery, 
and Prince George's Counties, and required RACT on these newly defined 
major sources.
    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 October 11, 1990 in Annapolis, Maryland, on November 17, 
18, and 20, 1992 in Frederick, Centreville, and Columbia, Maryland 
respectively, and on December 15, 1994 in Baltimore, Maryland.

EPA Rulemaking History

    On March 1, 1996, EPA proposed conditional approval of Maryland's 
April 5, 1991 and June 8, 1993 revision submittals pertaining to COMAR 
26.11.19.02G and COMAR 26.11.06.06 (61 FR 8009). Approval was 
conditioned on the State of Maryland certifying that it has determined 
and imposed RACT for all the major VOC sources covered by the VOC RACT 
regulation and submitted those enforceable RACT determinations to EPA 
as SIP revisions. That certification was to be made by the Maryland 
Department of the Environment by no later that one year from the date 
EPA promulgated final conditional approval of the SIP revision. If the 
State failed to do so, that final conditional approval would have 
converted to a disapproval. Because proposed conditional approval does 
not comply with EPA's generic RACT policy, described below, EPA must 
withdraw its March 1, 1996 proposed conditional approval. No public 
comments were received on this proposal. Therefore, in the proposed 
rules section of this Federal Register publication, EPA is publishing a 
separate document that will withdraw its March 1, 1996 proposed 
conditional approval.

EPA's Generic RACT Policy

    On November 7, 1996, Ms. Sally L. Shaver, Director of EPA's Air 
Quality Strategies & Standards Division signed a memorandum entitled, 
``Approval Options for Generic RACT Rules Submitted to meet the non-CTG 
VOC RACT Requirement and Certain NOx RACT Requirements.'' This policy 
memorandum sets out the different options available to EPA for 
rulemaking on generic RACT SIPs, and circumstances under which each 
rulemaking option would be appropriate. According to this policy, full 
approval cannot be granted until the State has submitted and EPA has 
approved RACT rules for sources covering all but a de minimis level of 
emissions. When this is not the case, EPA's generic RACT policy 
provides that EPA should propose limited approval of the generic RACT 
rule because it strengthens the SIP and at the same time EPA should 
propose conditional approval based upon the State's commitment to (1) 
submit for approval into the SIP, the case-by-case RACT proposals for 
all sources subject to the RACT requirements, and (2) certify that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to the State or demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions. The rationale for the conditional limited approval 
is described in detail below.

EPA's Analysis of the SIP Revisions

    Clean Air Act Requirements: To comply with the RACT provisions of 
the Act, Maryland was required to expand its RACT regulations to apply 
statewide. It had to adopt all RACT regulations for all VOC sources for 
which EPA has published a Control Techniques Guideline (CTG) and all 
major non-CTG

[[Page 47176]]

VOC sources (so-called generic VOC sources) with the potential to emit 
 25 tons per year (TPY) in Cecil County and the Baltimore 
nonattainment area and  50 TPY in the remainder of the 
State. These major non-CTG sources are subject to Maryland's generic 
major source VOC RACT regulation.
    State Submittals: Maryland's generic major source VOC RACT 
regulation, COMAR 26.11.19.02G, was originally submitted to EPA on 
April 5, 1991 to comply with the RACT Fix-up requirements of section 
182(a)(2) of the Act. COMAR 26.11.19.02G required RACT for sources in 
the Baltimore and the Maryland portion of pre-enactment Washington DC 
nonattainment areas with the potential to emit  100 TPY of 
VOC and which were not subject to COMAR 26.11.11, 26.11.13, or 
26.11.19.03--.15, Maryland's category-specific VOC RACT regulations.
    In its June 1993 submittal, Maryland revised its generic major 
source VOC RACT regulation to comply with the RACT Catch-up provisions 
of section 182(b)(2) of the Act. The regulation was revised to make it 
applicable statewide and to apply to ``major stationary sources of 
VOC'' rather than to VOC sources that have the potential to emit 
 100 TPY. The term ``major stationary source of VOC,'' COMAR 
26.11.19.01B(4), is defined as 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. Approval of the addition of 
this term to Maryland's SIP was the subject of a separate rulemaking 
action. (See 60 FR 2018.)
    Furthermore, Maryland revised COMAR 26.11.19.02G to require non-CTG 
generic VOC sources to notify Maryland by August 15, 1993 if they are 
major sources subject to RACT. Under Maryland's regulation, these 
sources were required to submit a written RACT proposal and schedule 
for compliance by November 15, 1993. These sources must comply with 
RACT, as determined by Maryland, by no later than May 15, 1995. Upon 
Maryland's approval of a RACT proposal, the regulation requires the 
State to either amend the source's permit to operate to incorporate the 
RACT conditions, adopt a regulation that reflects the RACT requirement, 
or issue an order that includes the RACT requirement. Finally, COMAR 
26.11.19.02G states that Maryland will submit all RACT determinations 
to EPA for approval via the federal rulemaking process for 
incorporation into the SIP.
    With Maryland's July 1995 submittal, the major sources threshold 
for the Maryland portion of the Washington, DC ozone nonattainment area 
was lowered to 25 TPY of VOC. The term ``major stationary source of 
VOC,'' COMAR 26.11.19.01B(4), was revised 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, Montgomery, and Prince George's 
Counties, and (b) 50 TPY in the remainder of the State.
    In addition, Maryland revised COMAR 26.11.19.02G to require non-CTG 
generic VOC sources with potential emissions between 25 and 50 TPY in 
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties 
to notify Maryland by January 20, 1995 if they are major sources 
subject to RACT. Under Maryland's regulation, these sources were 
required to submit a written RACT proposal and schedule for compliance 
by March 20, 1995. These sources were required to comply with RACT, as 
determined by Maryland, by no later than May 15, 1995.
    On May 13, 1998 (63 FR 26462), EPA approved Maryland's July 12, 
1995 revision to the definition of the term ``major stationary source 
of VOC,'' COMAR 26.11.19.01B(4), in a direct final rulemaking. This 
approval was effective on July 13, 1998.
    Maryland's minor VOC source regulation, COMAR 26.11.06.06, was also 
submitted as part of Maryland's RACT Fix-ups. (See 58 FR 50307.) This 
regulation was applicable in the Baltimore and the Maryland portion of 
the pre-enactment Washington DC nonattainment areas. This regulation 
exempted sources which were subject to other VOC regulations, including 
RACT as established by Maryland pursuant to COMAR 26.11.19.02G.
    Maryland amended COMAR 26.11.06.06A (Applicability) to expand the 
applicability of COMAR 26.11.06.06C-E (VOC-Water Separators, VOC 
Disposal, and Exceptions) statewide. Additionally, Maryland's minor 
source regulation, COMAR 26.11.06.06B (Control of VOC from 
Installations), was revised to add new requirements for sources located 
in Cecil County and the counties which were added to the Maryland 
portion of the Washington, DC nonattainment area, namely Calvert, 
Charles, and Frederick Counties. Sources in these newly regulated 
areas, Calvert, Cecil, Charles, and Frederick Counties, are required to 
reduce their VOC emissions by 85 percent overall. Finally, COMAR 
26.11.06.06A was revised to exempt sources ``subject to the provisions 
of'' Maryland's generic major source VOC RACT regulation, COMAR 
26.11.19.02G, from the requirements of COMAR 26.11.06.06. Thus, sources 
subject to COMAR 26.11.19.02G, which have not yet had a RACT 
determination approved by Maryland, are not subject to any VOC emission 
standard.
    EPA's Evaluation: Through revisions made to Maryland's minor source 
VOC regulation, COMAR 26.11.06.06, its geographic applicability was 
expanded, resulting in the regulation of sources which were previously 
not regulated. However, other specific amendments to COMAR 26.11.06.06, 
found at 26.11.06.06A, narrowed the applicability of COMAR 26.11.06.06B 
such that certain sources in Maryland's pre-enactment nonattainment 
areas that were previously subject to COMAR 26.11.06.06B are no longer 
covered by any enforceable emissions limit until such time as Maryland 
approves RACT standards for them pursuant to the requirements its 
generic major VOC RACT regulation, COMAR 26.11.19.02G. This results in 
a lapse of coverage for previously regulated non-CTG generic sources 
major VOC sources in the State of Maryland.
    Maryland's generic major source VOC RACT regulation, COMAR 
26.11.19.02G, requires all case-by-case, category-specific or source-
specific RACT requirements to be submitted as SIP revisions to EPA. It 
does not, itself, contain enforceable RACT standards for these major 
non-CTG VOC sources. Because COMAR 26.11.19.02G does not, in and of 
itself, fully satisfy the Act's requirements requiring for RACT on all 
major VOC sources, it is not unconditionally approvable. The Act's 
major source RACT requirements will be fully satisfied only when EPA 
approves, as SIP revisions, actual RACT standards for all subject 
sources in Maryland.

EPA's Rulemaking Determination

    EPA has evaluated Maryland's generic major source VOC RACT 
regulation and its minor VOC source regulations for consistency with 
the Act and EPA regulations, and has found that they do not fully 
comply with the Act's major source RACT requirements. Therefore, EPA is 
conditionally approving the SIP revisions based upon Maryland meeting 
its commitment to submit case-by-case RACT SIP revisions to EPA, no 
later than twelve months from the effective date of EPA's final 
conditional approval of the Maryland generic major VOC source RACT 
regulation and its minor VOC source regulations, for all sources it has 
identified as being subject to the major source RACT requirements.

[[Page 47177]]

Maryland submitted its commitment in a letter to EPA dated February 7, 
1996. Once the State has satisfied this condition, EPA shall remove the 
conditional status of its approval and the Maryland generic major VOC 
source RACT regulation and its minor VOC source regulations SIP 
revision will, for the time being, retain its limited approval status. 
EPA is limitedly approving the Maryland generic major VOC source RACT 
regulation and its minor VOC source regulations SIP revision on the 
basis that its approval will strengthen the SIP. The limited approval 
shall be converted to full approval once EPA has approved each of 
Maryland's case-by-case RACT proposals as SIP revisions. This 
conditional limited approval action is action that is being taken under 
section 110 of the Clean Air Act.

Terms of and Rationale for Conditional Approval

    EPA's rulemaking includes conditional approval of Maryland's VOC 
regulations SIP revision, based upon the State's commitment to submit 
for approval into the SIP, the case-by-case RACT proposals for all 
sources subject to the RACT requirements currently known to MDE. The 
State submitted this commitment in a letter to EPA dated February 7, 
1996. The case-by-case RACT proposals must be submitted by a date 
certain that is no later than 12 months after the effective date of 
EPA's final conditional approval.
    Therefore, to fulfill the condition of this approval the State 
must, by no later than 12 months after the effective date of EPA's 
final conditional approval of the generic major source VOC RACT 
regulation and its minor VOC source regulations: (1) Certify that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to MDE; or (2) demonstrate that 
the emissions from any remaining subject sources represent a de minimis 
level of emissions, as defined below. Once EPA has determined that the 
State has satisfied this condition, EPA shall remove the conditional 
nature of its approval and the Maryland VOC regulations SIP revision 
will, at that time, retain limited approval status. Should the State 
fail to meet the condition specified above, the final conditional 
limited approval of the Maryland VOC RACT regulation SIP revision shall 
convert to a disapproval.
    Even after the conditional status of EPA's approval of the Maryland 
RACT regulation is removed, MDE must still continue to submit, and have 
EPA approve into the Maryland SIP, RACT requirements for the remaining 
de minimis amount of emissions. Therefore, removal of the conditional 
status to limited approval status in no way changes MDE's statutory 
obligation to implement RACT for all major sources.

Definition of De Minimis

    For states with a generic major source VOC RACT regulation intended 
to regulate all non-CTG VOC sources, de minimis is determined by 
comparing the total 1990 emissions of all non-CTG VOC major sources in 
the State, where a CTG had not been issued at the time of the state 
submittal of the generic VOC RACT regulation with the total emissions 
of those non-CTG VOC sources subject to the generic RACT where these 
source-specific RACTs have not yet been approved by EPA. For example, 
while not applicable to the Maryland generic RACT submittal, since EPA 
has issued CTGs for shipbuilding and repair and wood furniture coatings 
in August 1996 and May 1996, respectively, EPA's de minimis procedure 
for a state submittal subsequent to August 1996 would require that all 
RACTs for those CTG category sources and for shipbuilding and repair 
and wood furniture coating be approved and that the de minimis 
procedure as described in this notice apply only to those VOC emissions 
from sources that are neither CTG sources or shipbuilding or wood 
furniture sources. The VOC emissions from these remaining major sources 
are still subject to the RACT requirement, but EPA can lift the 
conditional status of its approval of the state generic RACT rule prior 
to SIP approval for those sources that represent a de minimis amount of 
VOC emissions.
    In Maryland's case, the generic major VOC source RACT regulation 
was originally submitted in April 1991. At that time, the regulation 
was applicable in the Baltimore and the Maryland portion of the pre-
enactment Washington, DC, nonattainment areas. In June 1993, Maryland 
submitted revisions to the generic major VOC source RACT regulation to 
make it applicable statewide. No post-1990 CTGs were issued prior to 
June 1993. Therefore, the VOC emissions from all non-CTG source 
category are included in the pool of total VOC emissions used to 
determine whether the amount of emissions remaining is de minimis.

Rationale for Limited Approval

    The current Maryland SIP does not contain a general requirement 
that all major sources must implement RACT, nor does it have a 
provision requiring sources in Calvert, Cecil, Charles, and Frederick 
Counties to reduce their VOC emissions by 85 percent overall. While EPA 
does not believe that the Maryland generic major source VOC RACT 
regulation and minor VOC source requirements satisfy the Act's RACT 
requirements as discussed previously in this notice, EPA is also 
granting limited approval of these VOC regulations on the basis that 
they strengthen the Maryland SIP. Once EPA has approved all of the 
case-by-case RACT proposals as SIP revisions, the limited approval will 
convert to full approval.
    EPA's review of this material indicates that conditional limited 
approval is warranted. Further discussion and details of this 
rulemaking action can be found in the accompanying technical support 
document (TSD) prepared by EPA in support of this rulemaking. Copies of 
the TSD may be obtained, upon request, from the EPA Regional office 
listed in the ADDRESSES section of this notice. 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 November 3, 1998 without 
further notice unless the Agency receives adverse comments by October 
5, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
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 November 3, 1998 and no further action will be 
taken on the proposed rule.

Final Action

    EPA is conditionally and limitedly approving the Maryland major 
source VOC RACT regulation and minor source VOC regulations, COMAR 
26.11.19.02G and COMAR 26.11.06.06 respectively. EPA is conditionally 
and limitedly approving these SIP revisions based upon the commitment 
made by Maryland to submit all the case-by-case RACT proposals for 
sources it is currently aware of as being subject to

[[Page 47178]]

the major source RACT regulations. On February 7, 1996, Maryland 
submitted a letter to EPA committing to: (1) complete submission of the 
SIP revisions required by COMAR 26.11.19.02G containing RACT 
determinations for the major VOC sources in the State that are subject 
to the RACT rule, and (2) provide a written statement to EPA that, to 
the best of its knowledge, it has completed submission of the SIP 
revisions described above within one year of the effective date of the 
final conditional limited approval of the Maryland generic major source 
VOC RACT regulation.
    Note that through its July 1995 SIP revision, Maryland lowered the 
major source threshold for the Maryland portion of the Washington, DC 
ozone nonattainment area to 25 TPY from the Clean Air Act required 
threshold of 50 TPY. Thus, more sources are considered major in this 
nonattainment area than required under the Act. In serious ozone 
nonattainment areas such as the Washington, DC area, section 182 of the 
Act requires RACT on sources with the potential to emit 50 TPY or more. 
Therefore, when determining whether Maryland has met the conditions of 
this rule, only sources with the potential to emit 50 TPY or more in 
the Washington, DC area will be considered. However, in order for 
Maryland to take credit for emission reductions from RACT on any 25-50 
TPY sources in the Washington, DC area to meet other requirements of 
the Act, RACT regulations for these sources must be submitted to EPA as 
SIP revisions and approved into Maryland's 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 Orders 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review. The final rule is not subject 
to E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' because it is not an ``economically 
significant'' action under E.O. 12866.

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 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 and conditional approvals of SIP submittals under 
section 110 and subchapter I, part D of the CAA 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 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).
    If the conditional approval is converted to a disapproval under 
section 110(k), based on the State's failure to meet the commitment, it 
will not affect any existing state requirements applicable to small 
entities. Federal disapproval of the state submittal does not affect 
its state-enforceability. Moreover, EPA's disapproval of the submittal 
does not impose a new Federal requirement. Therefore, EPA certifies 
that this disapproval action does not have a significant impact on a 
substantial number of small entities because it does not remove 
existing requirements nor does it substitute a new federal requirement.

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, EPA's conditional limited approval of 
revisions to the Maryland State Implementation Plan pertaining to 
Maryland's major VOC source RACT and minor VOC source requirements, 
COMAR 26.11.19.02G and COMAR 26.11.06.06, must be filed in the United 
States Court of Appeals for the appropriate circuit by November 3, 
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).)

[[Page 47179]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone.

    Dated: August 12, 1998.
W. Michael McCabe,
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) (133), 
(134), and (135) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (133) Limited approval of 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 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) Addition of COMAR 26.11.19.02G, Control of Major Sources of 
Volatile Organic Compounds, pertaining to major VOC source RACT 
requirements, adopted by the Secretary of the Environment on March 9, 
1991 and effective on May 8, 1991.
    (ii) Additional Material.
    (A) Remainder of the April 5, 1991 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (134) Limited approval of 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 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 26.11.06.06, Volatile Organic Compounds, 
pertaining to minor source VOC requirements, adopted by the Secretary 
of the Environment on March 26, 1993, and effective on April 26, 1993.
    (1) Amendments to COMAR 26.11.06.06A, Applicability.
    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from 
Installations.
    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on March 
26, 1993, and effective on April 26, 1993.
    (ii) Additional Material.
    (A) Remainder of the June 8, 1993 Maryland State submittal 
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 
26.11.19.02G.
    (135) Limited approval of 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 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, 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 26.11.19.02G.
    3. Section 52.1073 is amended by adding paragraph (e) to read as 
follows:


Sec. 52.1073  Approval status.

* * * * *
    (e) Conditional limited approval of revisions to the Maryland State 
Implementation Plan, pertaining to Maryland's major VOC source RACT and 
minor VOC source requirements, COMAR 26.11.19.02G and COMAR 
26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 
1995 by the Maryland Department of the Environment.
    4. Section 52.1072 is amended by adding paragraph (d) to read as 
follows:


Sec. 52.1072  Conditional approval.

* * * * *
    (d) Revisions to the Maryland State Implementation Plan pertaining 
to Maryland's major VOC source RACT and minor VOC source requirements, 
COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, 
June 8, 1993, and July 12, 1995 by the Maryland Department of the 
Environment are conditionally approved. Maryland must meet the 
following conditions by no later than 12 months after the publication 
of the final conditional rulemaking. These conditions are: Maryland 
certify that it has submitted case-by-case RACT proposals for all 
sources subject to the RACT requirements; or demonstrate that the 
emissions from any remaining subject sources represent a de minimis 
level of emissions, as defined in the final rulemaking notice.
    (i) Additional Material.
    (A) Letter of February 7, 1996 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after the publication of the final conditional rulemaking. These 
conditions are: Maryland submit case-by-case RACT proposals for all 
sources subject to the RACT requirements; Maryland certify that, to the 
best of its knowledge, there are no other sources subject to the RACT 
requirements.

[FR Doc. 98-23504 Filed 9-3-98; 8:45 am]
BILLING CODE 6560-50-P