[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Rules and Regulations]
[Pages 51445-51447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24686]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD069-3031a and MD070-3031a; FRL-6440-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of Volatile Organic Compounds From Vinegar Generators 
and Leather Coating Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions 
submitted by the State of Maryland. These revisions include new 
regulations which establish and require volatile organic compound (VOC) 
emission control requirements for vinegar generators and leather 
coating operations. The intended effect of this action is to approve 
two new regulations to control VOCs into the Maryland SIP in accordance 
with the Clean Air Act.

DATES: This direct final rule is effective on November 22, 1999 without 
further notice, unless EPA receives adverse written comment by October 
25, 1999. 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: Written comments should be mailed to Kathleen Henry, Chief, 
Permits and Technical Assessment Branch, Mailcode 3AP11, 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; 
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: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected]. While information may be 
requested via e-mail, comments must be submitted in writing to the 
above EPA Region III address.

SUPPLEMENTARY INFORMATION: On April 7, 1998, the State of Maryland 
submitted two formal revisions to its State Implementation Plan (SIP). 
The SIP revisions consist of amendments to existing Maryland state 
regulation COMAR 26.11.19, ``Control of Volatile Organic Compounds from 
Specific Sources''. The purpose of the amendments to COMAR 26.11.19 is 
to establish new regulations for VOC emission control requirements for 
two source categories: Vinegar Generators and Leather Coating 
Operations. This revision was submitted to satisfy the requirements of 
sections 182 and 184 of the Clean Air Act to implement reasonably 
available control technology (RACT) on major sources of VOCS.

A. Summary of the SIP Revisions

    Existing SIP-approved COMAR 26.11.19 establishes control 
requirements of VOC emissions from specific sources. The amendments to 
COMAR 26.11.19 establish new regulations for vinegar generators and 
leather coating operations, which are sources of VOC emissions. The new 
regulations require RACT for these specific source categories. COMAR 
26.11.19.22 (Regulation .22) establishes VOC emission control 
requirements for vinegar generators and COMAR 26.11.19.24 (Regulation 
.24) establishes VOC emission control requirements for leather coating 
operations. COMAR 26.11.19.22 and 26.11.19.24 apply statewide to 
facilities with a total VOC emission rate of 20 pounds or more per day. 
A summary of the provisions of each regulation is provided below.

Requirements for Vinegar Generators--COMAR 26.11.19.22

    Installation of a scrubber-absorber system with an overall control 
efficiency of 85 percent or more is required. After initial stack 
testing, a stack test to demonstrate compliance must be completed every 
five years, or upon request of the Maryland Department of the 
Environment (MDE). Stack test results must be submitted to MDE within 
60 days after completion of each test. A water flow meter must be 
installed on each scrubber-absorber system, with continuous monitoring 
of the water flow. The water flow rate to the scrubber-absorber shall 
be as prescribed in the source's operating permit. Water flow data must 
be recorded and maintained for at least three years and made available 
to the MDE on request.

Requirements for Leather Coating Operations--COMAR 26.11.19.24

    One of the following two methods must be used to reduce emissions:
    The use of coatings not exceeding 3.5 pounds of VOC per gallon of 
coating applied minus water and exempt solvents, or installation of a 
control device that reduces overall facility VOC emissions by 85 
percent or more. If compliance is achieved through the use of low VOC 
coatings, a list of all coatings used to achieve compliance must be 
submitted to MDE. Monthly records must be maintained showing the total 
volume of each coating used and the total facility VOC emissions. If 
compliance is achieved through the use of a control device, an initial 
stack test must be performed followed by stack testing every three 
years to demonstrate compliance. Stack test results must be submitted 
to MDE within 60 days after completion of each test. For each method, 
records must be maintained on site for at least three years, and made 
available to MDE upon request.

B. EPA's Evaluation of the SIP Revisions

    EPA has determined that the control requirements of COMAR 
26.11.19.22 and 26.11.19.24 constitute an acceptable level of RACT on 
vinegar generators and leather coating operations, respectively.
    EPA is approving this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 comments be filed. This rule will be effective November 22, 
1999 without further notice unless the Agency receives adverse comments 
by October 25, 1999. If EPA receives such comments, then EPA will 
publish a timely withdrawal of the direct final rule 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 this rule. 
Parties interested in commenting should do so at this time. If no such 
comments are received, the public is advised that this rule will be 
effective on November 22, 1999 and no further action will be taken on 
the proposed rule.

I. Final Action

    EPA is approving the new regulations COMAR 26.11.19.22 Control of 
VOCs from Vinegar Generators and COMAR 26.11.19.24 Control of VOCs from 
Leather Operations submitted by the State of Maryland on April 7, 1998, 
as revisions to the Maryland SIP.

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II. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under E.O. 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If EPA complies by consulting, E.O. requires EPA to 
provide to the Office of Management and Budget a description of the 
extent of EPA's prior consultation with representatives of affected 
state, local, and tribal governments, the nature of their concerns, 
copies of written communications from the governments, and a statement 
supporting the need to issue the regulation. In addition, E.O. 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of state, local, and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health or safety risk addressed by the rule has a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This final rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If EPA complies by 
consulting, Executive Order 13084 requires EPA to provide to the Office 
of Management and Budget, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected and 
other representatives of Indian tribal governments ``to provide 
meaningful and timely input in the development of regulatory policies 
on matters that significantly or uniquely affect their communities.'' 
Today's rule does not significantly or uniquely affect the communities 
of Indian tribal governments. This action does not involve or impose 
any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, 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).

F. 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 
annual 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 annual 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.

G. Submission to Congress and the Comptroller General

    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).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action to approve revisions to Maryland's SIP 
to control VOCs from two source categories (vinegar generators and 
leather coating

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operations) must be filed in the United States Court of Appeals for the 
appropriate circuit by November 22, 1999. 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, Ozone, Reporting and recordkeeping 
requirements.

    Dated: September 3, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
    40 CFR part 52, subpart V of chapter I, title 40 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) (137) and 
(138) as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (137) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for two 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic 
Compounds from Vinegar Generators''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Vinegar 
Generators.
    (138) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for an 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic 
Compounds from Leather Coating Operations''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Leather Coating 
Operations.

[FR Doc. 99-24686 Filed 9-22-99; 8:45 am]
BILLING CODE 6560-50-P