[Federal Register Volume 65, Number 143 (Tuesday, July 25, 2000)]
[Rules and Regulations]
[Pages 45718-45720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18528]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD042-3051; FRL-6838-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Approval of Revisions to COMAR 26.11.12  Control of Batch 
Type Hot-Dip Galvanizing Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Maryland regulations 
regarding batch type hot-dip galvanizing installations. The revisions 
effect the fluxing process at these facilities and the changes allow 
more flexibility in controlling particulate matter emissions while 
maintaining the same opacity limit on this process. These revisions 
were submitted by the State of Maryland, Department of the Environment 
(MDE) as a revision to its State Implementation Plan (SIP) on July 17, 
1995.

DATES: This rule is effective on September 25, 2000 without further 
notice, unless EPA receives adverse written comment by August 24, 2000. 
If EPA receives such comments, it 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 Ms. Makeba A. Morris, 
Chief, Technical Assessment Branch, Mailcode 3AP22, 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 Maryland Department 
of the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp, (215) 814-2191, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us'' or ``our'' are used we mean EPA.

Table of Contents

I. What Is EPA Approving?
II. What Facilities/Operations Does This Action Apply To?
III. What Are The Provisions of the Revised Regulation?
IV. What Are The Current Limits on These Sources?
V. What Supporting Material Did Maryland Provide?
VI. What Are the Environmental Effects of this Action?
VII. EPA Rulemaking Action.
VIII. Administrative Requirements.

I. What Is the EPA Approving?

    We are approving, as a SIP revision, changes made to the 
regulations that are related to batch type hot-dip galvanizing 
installations. These facilities perform finishing techniques on metals. 
In order to protect metals, such as steel, from corrosion, chemical 
coatings are applied. There are usually three steps in the hot dip 
process: surface preparation, fluxing, and galvanizing. The changes 
being made to the regulation effect the fluxing portion of the process. 
The revisions allow particulate emissions from fluxing to be controlled 
using a pollution control device. The revisions were submitted as a SIP 
revision to EPA on July 17, 1995. The changes allow these facilities to 
meet the current opacity limit by installing control equipment instead 
of imposing limits on materials used during fluxing.

[[Page 45719]]

II. What Facilities/Operations Does This Action Apply To?

    We are approving revisions to a portion of the regulations that 
only apply to batch type hot-dip galvanizing operations. These 
facilities perform finishing techniques on metals and apply coatings to 
help protect the metal products from corrosion. Only these types of 
facilities are effected by the revisions. There are no new requirements 
for these facilities.

III. What Are the Provisions of the Revised Regulations?

    The revised regulations allow more flexibility for these facilities 
to meet the 20% opacity limit contained in COMAR 26.11.12.04. The 
revisions allow a facility to install pollution control equipment to 
meet the applicable opacity limit instead of maintaining limits on the 
fluxing process. The revision provides that MDE must approve the use of 
the control device. If MDE approves the selection of a federally 
approved control device, no further action is required between MDE and 
us. However, if MDE approves the use of a non-federally approved 
control device then MDE must submit a source specific SIP revision to 
us so that use of the device can be federally approved. This additional 
step is required since there is no documented process provided in the 
regulation indicating how MDE will determine when a control device may 
be used in these situations. We view this revision as potentially 
allowing the selection of an alternative method of pollution control 
which has not been federally delegated to MDE.

IV. What Are the Current Limits on These Sources?

    All batch type hot-dip galvanizing operations are prohibited from 
using ammonium chloride in prefluxes and top fluxes except where it is 
contained in a prepackaged flux compound of which the ammonium chloride 
content does not exceed 69 percent. The facilities are also prohibited 
from applying a flux to a galvanized end product.

V. What Supporting Material Did Maryland Provide?

    Maryland provided information pertaining to the current regulation 
and the possible use of a control device. Visible emission limits are 
usually met by restrictions on the flux process which is generally 
uncontrolled. MDE indicates that use of a baghouse for control of 
particulate pollution may be a possible alternative to existing process 
limitations. This change provides an opportunity for operational 
flexibility but does not mandate require any changes at existing 
facilities.

VI. What Are the Environmental Effects of This Action?

    Visible emission limitations are not being revised. Therefore, this 
action should not have an adverse impact on air quality. This action 
provides industry with additional flexibility to meet existing air 
pollution limits.

VII. EPA Rulemaking Action

    We are approving, through direct final rulemaking, revisions to 
Maryland's batch type hot-dip galvanizing regulations. The revisions 
pertain to the manner in which a source may comply with the current 
opacity limits. We are publishing this action without prior proposal 
because we view this as a noncontroversial revision and anticipate no 
adverse comments. However, in a separate document in the ``Proposed 
Rules'' section of today's Federal Register, we are publishing a 
separate document that will serve as the proposal to approve the SIP 
revision if adverse comments are filed. This rule will be effective on 
September 25, 2000 without further notice unless we receive adverse 
comment by August 24, 2000. Should we receive such comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting on this action must do so at this time.

VIII. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

B. 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

[[Page 45720]]

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). This action effect 
batch type hot-dip galvanizing installations in Maryland only.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 25, 2000. 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).) This action only 
effects batch type hot-dip galvanizing installations in Maryland.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 1, 2000.
Bradley M. Campbell,
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 52.1070--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(149) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (149) Revisions to the Maryland Regulations related to use of 
pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-
Dip Galvanizing Installations 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 to Mr. Stanley Laskowski of EPA transmitting revisions to 
COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations 
related to use of control equipment to meet visible emission 
limitations.
    (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip 
Galvanizing Installations related to use of control equipment to meet 
visible emission limitations. Revisions were effective on May 8, 1995.
    (ii) Additional Material.--Remainder of July 17, 1995, submittal 
related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing 
Installations and the use of pollution control equipment to meet 
visible emission limitations.

[FR Doc. 00-18528 Filed 7-24-00; 8:45 am]
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