[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Rules and Regulations]
[Pages 22924-22927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11279]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 064/109/111/113-3065a; FRL-6973-3]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Maryland; Approval of Revisions to Volatile Organic Compounds, 
Regulations and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Maryland 
State Implementation Plan (SIP) submitted by the Maryland Department of 
Environment (MDE). The revisions replace the existing regulation and 
adopt a new regulation for control of volatile organic compounds (VOC) 
from expandable polystyrene operations (EPO), establish VOC reasonably 
available control technology (RACT) standards for facilities that 
recycle bakery and confectionary waste, adopt by reference the EPA 
definition of VOC and include other miscellaneous revisions. EPA is 
approving these revisions to the State of Maryland's SIP in accordance 
with the requirements of the Clean Air Act.

DATES: This rule is effective on July 6, 2001 without further notice, 
unless EPA receives adverse written comment by June 6, 2001. 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 David L. Arnold, Chief, 
Air Quality Planning and Information Services 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; 
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.

[[Page 22925]]


FOR FURTHER INFORMATION CONTACT: Rose Quinto at (215) 814-2182, or by 
e-mail at [email protected] for information concerning the EPO 
regulation or Kelly L. Bunker at (215) 814-2177, or by e-mail at 
[email protected] for the remaining regulation revisions.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On February 6, 1998, October 20, 2000, October 31, 2000 and 
November 16, 2000 the State of Maryland submitted formal revisions to 
its SIP. The SIP revisions consist of a new regulation which replaces 
the existing regulation for control of VOC from EPOs (COMAR 
26.11.19.19), establish VOC RACT regulations for facilities that 
recycle bakery and confectionary waste (COMAR 26.11.19.28), adopt by 
reference the EPA definition of VOC (COMAR 26.11.01.01B(53)), update 
the Maryland regulation references to the federal definition of VOC at 
40 CFR 51.100(s) and the federal PSD regulations at 40 CFR 52.21 PSD 
(COMAR 26.11.01.01B(37) and (53) and COMAR 26.11.06.14) and include 
other miscellaneous revisions (COMAR 26.11.01.01B(6-1) and COMAR 
26.11.06.06A(1)(d)) . These regulatory revisions became effective on 
October 2, 2000, October 16, 2000, June 30, 1997 and September 22, 
1997.
    The amendment to COMAR 26.11.01.01B adds the definition of 
``commercial bakery oven'' to the general definitions section of the 
Maryland air regulations. EPA approved Maryland's commercial bakery 
oven RACT regulation, including a definition for ``commercial bakery 
oven'', found at COMAR 26.11.19.21 on October 15, 1997 (62 FR 53544). 
The definition for ``commercial bakery oven'' found in COMAR 
26.11.19.21 is identical to the definition being added at COMAR 
26.11.01.01B(6-1). The addition of the definition for the term 
``commercial bakery oven'' is approvable.
    The amendment to COMAR 26.11.01.01B(53) adopts by reference the EPA 
definition of ``volatile organic compound'' found at Title 40, Part 
51.100(s) of the Code of Federal Regulations (CFR), as per the 1996 
edition. The amendment ensures that Maryland's definition of the term 
is identical to the federal definition. EPA defines VOCs as any organic 
compound that contributes to ground-level ozone formation and lists as 
exclusions the compounds that have negligible photochemical reactivity. 
As EPA completes its reactivity testing, the list of exempt compounds 
expands. In the past, each time that EPA amended its' definition of VOC 
to include another exempt compound Maryland then had to amend its 
definition of VOC to add the newly exempted compound. Amending 
Maryland's definition requires draft regulations to be prepared, 
processed, put through public hearing and comment, adopted and then 
submitted to EPA. Since Maryland accepts the EPA test results on VOC 
exempt compounds it is appropriate for Maryland to adopt the federal 
definition of VOC as it appears in 40 CFR Sec. 51.100 (s) as of a 
specified date.
    COMAR 26.11.01.01B(53) was subsequently amended to update the 
federal reference for incorporation of the EPA definition of VOC found 
at 40 CFR Sec. 51.100(s) from the 1996 to the 1999 edition of the CFR.
    The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
update the reference for incorporation of the federal PSD regulations 
found at 40 CFR Sec. 52.21 from the 1993 to the 1996 edition and then 
again from the 1996 to the 1999 edition. These revisions are 
approvable.
    The amendment to COMAR 26.11.06.06 A(1)(d) will clarify the general 
VOC regulation and will affect VOC sources that are currently, or will 
be in the future, subject to a RACT regulation in Chapter 19, VOCs from 
Specific Processes. The amendment will exempt any source that is 
subject to a source specific regulation in Chapter 19 from the general 
VOC requirements in COMAR 26.11.06.06. These modifications are 
approvable.
    The amendment to COMAR 26.11.19.19 will replace the existing 
regulation and adopt a new regulation for control of VOCs from 
expandable polystyrene operations (EPO). On October 15, 1997 (62 FR 
53544) EPA approved a new regulation which established VOC RACT for 
EPOs. The existing regulation requires VOC emissions to be reduced 
through the use of various control options including incineration and a 
combination of low VOC beads (7 percent or less) and recycled material 
use. Since the adoption of the existing regulation, the bead 
manufacturers have been successful in producing an ``ultra low VOC'' 
bead (6 percent or less). These ``ultra low VOC'' beads, however, 
cannot be used for all products. But the production of the ``ultra low 
VOC'' bead has made available other cost-effective compliance options 
for specific product types at the EPO facilities. The existing 
regulation is being replaced with a new regulation which allows the use 
of conventional VOC control methods and adds the use of ultra low VOC 
beads as an additional alternative control option. This regulation will 
further reduce VOC emissions, encourage use of recycled materials and 
is approvable.
    A new regulation, COMAR 26.11.19.28, is being added for the control 
of VOC emissions from bread and snack food drying operations. The 
purpose of the regulation is to establish RACT standards for facilities 
that recycle bakery and confectionary waste products for use as animal 
feed. The facilities dry the waste products to reduce moisture content 
and in the process VOCs are released. The new regulation requires a 
source with VOC emissions of 25 tons or more per year to install a 
control device with 85% or more removal efficiency to reduce emissions 
from the dryer stack. The regulation applies statewide and includes 
compliance testing, monitoring and recordkeeping requirements. The 
regulation will reduce VOC emissions and is approvable.
    A more detailed analysis of Maryland's submittal is contained in a 
Technical Support Document (TSD) which is available from the Region III 
office listed in the ADDRESSES section of this notice.

II. Final Action

    EPA is approving revisions to the Maryland SIP that replace the 
existing regulation and adopt a new regulation for control of VOC from 
EPOs (COMAR 26.11.19.19), establish VOC RACT regulations for facilities 
that recycle bakery and confectionary waste (COMAR 26.11.19.28), adopt 
by reference the EPA definition of VOC found at 40 CFR 51.100(s) (COMAR 
26.11.01.01B(53)), update the Maryland regulation references to the 
federal definition of VOC at 40 CFR 51.100(s) (COMAR 26.11.01.01B(53)) 
and the federal PSD regulations at 40 CFR 52.21 (COMAR 26.11.01.01B(37) 
and 26.11.06.14), add a definition for the term ``commercial bakery 
oven'' (COMAR 26.11.01.01B(6-1) and other miscellaneous revisions 
(COMAR 26.11.06.06A(1)(d)). The revisions became effective on October 
2, 2000, October 16, 2000, June 30, 1997 and September 22,1997.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment since the revisions are administrative changes to the 
state regulations. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is 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 July 6, 2001 without 
further notice unless EPA receives adverse

[[Page 22926]]

comment by June 6, 2001. If EPA receives adverse comment, EPA will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. EPA will address all public 
comments in a subsequent final rule based on the proposed rule. EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. 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 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 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).

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 July 6, 2001. 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 granting full approval of the State of 
Marylands' volatile organic compounds regulations and miscellaneous 
revisions 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, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: April 24, 2001.
William C. Early,
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 paragraph (c)(156) through 
(c)(159) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (156) Revision to the Maryland Regulations replacing the existing 
regulation and adopting a new regulation for control of volatile 
organic compounds (VOC) from expandable polystyrene operations (EPO) 
submitted on October 20, 2000 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of October 20, 2000 from the Maryland Department of the 
Environment transmitting the EPO regulations.
    (B) The Maryland EPO regulations found at COMAR 26.11.19.19, 
effective October 2, 2000. This rule replaces COMAR 26.11.19.19, 
effective July 3, 1995.
    (ii) Additional Material.--Remainder of the October 20, 2000 
submittal.
    (157) Revision to the Maryland Regulations establishing VOC 
reasonably available control technology (RACT) standards for facilities 
that recycle bakery and confectionary waste submitted on October 31, 
2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 31, 2000 from the Maryland Department of the 
Environment transmitting the VOC RACT regulations for facilities that 
recycle bakery and confectionary waste.
    (B) The Maryland VOC RACT regulations for facilities that recycle 
bakery and confectionary waste found at

[[Page 22927]]

COMAR 26.11.19.28, effective October 2, 2000.
    (ii) Additional Material.--Remainder of the October 31, 2000 
submittal.
    (158) Revision to the Maryland Regulations which adopt by reference 
the EPA definition of VOC found at 40 CFR 51.100(s), update the 
Maryland regulation references to the federal PSD regulations at 40 CFR 
52.21 and include other miscellaneous revisions submitted on February 
6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting the adoption of the federal definition of VOC, 
federal reference updates and other miscellaneous revisions.
    (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which updates the references for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of 
the CFR and include other miscellaneous revisions (COMAR 
26.11.01.01B(6-1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 
1997.
    (C) The amendment to COMAR 26.11.01.01B(53) which adopts by 
reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 
edition of CFR, effective September 22, 1997.
    (ii) Additional Material.--Remainder of the February 6, 1998 
submittal.
    (159) Revision to the Maryland Regulations updating the references 
to the federal definition of VOC at 40 CFR 51.100(s) and the federal 
PSD regulations at 40 CFR 52.21, submitted on November 16, 2000 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 16, 2000 from the Maryland Department of the 
Environment transmitting the updates to the Maryland regulation 
references to the federal definition of VOC at 40 CFR 51.100(s) and the 
federal PSD regulations at 40 CFR 52.21.
    (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which update the reference for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of 
the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the 
federal reference for incorporation of the EPA definition of VOC found 
at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, 
effective October 16, 2000.
    (ii) Additional Material.--Remainder of the November 16, 2000 
submittal.

[FR Doc. 01-11279 Filed 5-4-01; 8:45 am]
BILLING CODE 6560-50-P