[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Rules and Regulations]
[Pages 37914-37916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18190]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD118-3073a; FRL-7014-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Control of VOC Emissions From Organic Chemical Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). These revisions establish 
reasonable available control technology (RACT) to limit volatile 
organic compound (VOC) emissions from organic chemical production. EPA 
is approving these revisions in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: This rule is effective on September 18, 2001 without further 
notice, unless EPA receives adverse written comment by August 20, 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, Mail Code 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 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected] or Carol Febbo, (215) 814-2076, or by e-
mail at [email protected] or at the EPA Region III address above.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 5, 2001, the State of Maryland submitted formal 
revisions to its SIP. These revisions, submitted by the Maryland 
Department of the Environment (MDE), consist of amendments to COMAR 
26.11.19 Volatile Organic Compounds from Specific Processes to add a 
new regulation, COMAR 26.11.19.30 Control of Volatile Organic Compounds 
from Organic Chemical Production. 

II. Summary of the SIP Revision

    The Code of Maryland Regulations 26.11.19.30 Control of Volatile 
Organic Compounds from Organic Chemical Production establishes RACT to 
control VOCs from organic chemical production sources located 
throughout the State of Maryland. The subsections of the regulation are 
described below.

Subsections A. and B. Definitions and Terms Defined

    These sections establish definitions for the terms ``back-up 
control device,'' ``chemical intermediate,'' ``control device,'' 
``organic chemical production installation,'' and ``product 
condenser.''

Subsection C. Applicability

    In general, the regulations apply to a person who owns or operates 
an organic chemical production installation at a premise that, on any 
day, has actual uncontrolled VOC emissions of 20 pounds or more per 
day. However, there are organic chemical production facilities to which 
COMAR 26.11.19.30 does not apply. It does not apply to an organic 
chemical production installation that is subject to provisions of the 
Federal Hazardous Organic NESHAPs (National Emission Standards for 
Hazardous Air Pollutants). See 40 CFR part 63, subparts F, G, H. Nor 
does it apply to any process or installation that is otherwise subject 
to regulations under COMAR 26.11.19 Volatile Organic Compounds from 
Specific Processes except for COMAR 26.11.19.01, 26.11.19 .02, and 
26.11.19.16.

Subsection D. General Requirements

    (1) A person who owns or operates an installation at a premise that 
has total uncontrolled VOC emissions of 100 pounds or more per day 
shall duct each process vent and exhaust line from any installation 
with actual emissions of 20 pounds or more per day, into a control 
device that has a VOC destruction or removal efficiency of at least 90 
percent, overall.

[[Page 37915]]

    (2) A person who owns or operates an installation at a premise that 
has total uncontrolled VOC emissions of 20 pounds or more per day but 
less than 100 pounds per day shall prepare a manual that identifies 
good operating practices and procedures designed to minimize VOC 
emissions from the premises.
    (3) The good operating practices and procedures required in 
subsection D(2) shall be implemented by March 30, 2001, and the manual 
be made available to MDE upon request.
    (4) A person who complies with subsection D(1) and later cannot 
achieve compliance because of an unavoidable outage or malfunction of 
the primary control device shall either:
    (a) Discontinue operation until the primary control device is 
returned to proper service; or
    (b) Use a back-up control device that is approved by MDE.
    (5) The back-up control device under subsection D(4)(b) may not be 
used more than 10 percent of the annual operating time of the affected 
installation during any calendar year unless a longer period is 
approved by MDE.

Subsection E. Demonstration of Compliance

    (1) Compliance shall be demonstrated using the applicable VOC test 
methods specified in COMAR 26.11.01.04C or other test method approved 
by MDE.
    (2) A product condenser that is part of an organic chemical 
installation is not considered a control device.
    EPA concurs with the MDE that COMAR 26.11.19.30 Control of Volatile 
Organic Compounds from Organic Chemical Production establishes RACT to 
control VOCs from organic chemical production sources located 
throughout the State of Maryland, and will result in significant 
enforceable VOC emission reductions. EPA has determined that COMAR 
26.11.19.30 is approvable as a SIP revision.

III. Final Action

    EPA is approving the SIP revisions submitted by MDE on February 5, 
2001 to establish RACT to control VOC emissions from organic chemical 
production. EPA is publishing this rule without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comment. 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 September 18, 2001 
without further notice unless EPA receives adverse comment by August 
20, 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.

IV. 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. For this 
reason, this action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (see 66 FR 28355, May 22, 2001). 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 CAA. 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 CAA. 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 CAA. 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, pertaining to revisions to the Maryland 
SIP establishing requirements for the control of VOC emissions from 
organic chemical production, must be filed in the United States Court 
of

[[Page 37916]]

Appeals for the appropriate circuit by September 18, 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 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and record 
keeping requirements.

    Dated: July 9, 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)(162) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (162) Revisions to the Maryland State Implementation Plan submitted 
on February 5, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 5, 2001 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan, consisting of the addition of COMAR 26.11.19.30 
Control of Volatile Organic Compounds from Organic Chemical Production.
    (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic 
Compounds from Organic Chemical Production, adopted by the Secretary of 
the Environment on December 6, 2000 and effective on January 8, 2001, 
including the following:
    (1) addition of new COMAR 26.11.19.30 A. Definitions.
    (2) addition of new COMAR 26.11.19.30 B. Terms Defined.
    (3) addition of new COMAR 26.11.19.30.C. Applicability.
    (4) addition of new COMAR 26.11.19.30.D. General Requirements.
    (5) addition of new COMAR 26.11.19.30.E. Demonstration of 
Compliance.
    (ii) Additional Materials--Remainder of the February 5, 2001 
submittal.
[FR Doc. 01-18190 Filed 7-19-01; 8:45 am]
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