[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Rules and Regulations]
[Pages 43485-43488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20782]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD064/122/123-3069a; FRL-7021-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Administrative Revisions of General Provisions Related to 
Definitions of Terms and Ambient Air Quality Standards

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). In this action, EPA is 
approving revisions which reorganize the structure of the general 
administrative provisions describing definitions of terms used 
throughout Maryland's air pollution control regulations, amend the 
definition of the term ``source,'' and reorganize the provisions 
governing ambient air quality standards. EPA is approving these 
revisions to in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on October 19, 2001 without further 
notice, unless EPA receives adverse written comment by September 19, 
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 Harold A. Frankford, 
Office of Air Programs, Mail Code 3AP20, U.S. Environmental Protection 
Agency,

[[Page 43486]]

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: Harold A. Frankford, (215) 814-2108, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:   

I. Background

    On February 6, 1998 and May 14, 2001, the State of Maryland 
submitted formal revisions to its State Implementation Plan (SIP). 
These SIP revisions consist of:
    (1) Administrative revisions affecting the overall organization of 
the general definitions section (COMAR 26.11.01.01).
    (2) Revisions to COMAR 26.11.01.01B(43), the definition of 
``source,'' due to a revision in the organization of the State statute 
which is cross-referenced in this definition. There are no substantive 
changes to the wording of any of the definitions subject to this 
action. On June 12, 2001, Maryland also submitted additional revisions 
to the chapter governing ambient air quality standards. Maryland 
provided proof that public hearings were held on the revisions in 
accordance with the requirements of 40 CFR section 51.102. The State 
held hearings on January 25 and 26, 1994 with regard to the COMAR rule 
reorganization, on July 23, 1997 with regard to the revised definition 
of ``source,'' and on June 14 and 17, 1994 with regard to the 
reorganized structure of the ambient air quality standards chapter.

II. Summary of SIP Revisions

    In the reorganization of COMAR 26.11.01.01, subsection 26.11.01.01A 
now contains a general purpose statement, while subsection 26.11.01.01B 
contains all of the general terms which appear throughout COMAR 
26.11.XX.XX (Maryland's air pollution control regulations). There are 
some definitions which are found in subsection 26.11.01.01B, as well as 
all of the provisions listed in subsection 26.11.01.01C which EPA has 
never incorporated by reference into 40 CFR Section 52.1070(c). 
Therefore, EPA is not acting on those provisions in this rulemaking 
action. The following chart lists the terms for which SIP-approved 
COMAR citations change as a result of this action:

------------------------------------------------------------------------
                                       Current SIP
        Definition or term               citation      New SIP  citation
                                      (26.11.01.XX)       (26.11.01.XX)
------------------------------------------------------------------------
Actual emissions..................               .01A            .01B(1)
Air pollution.....................             .01A-1            .01B(2)
Allowable emissions...............             .01A-3            .01B(4)
Capture efficiency................             .01A-4            .01B(5)
Certifying individual.............             .01A-5            .01B(6)
Confined emissions................               .01B            .01B(7)
Confined source...................               .01C            .01B(8)
Continuous emission monitor (CEM).             .01C-1            .01B(9)
Control efficiency................             .01C-2           .01B(10)
Control equipment.................               .01D           .01B(11)
Control officer...................               .01E           .01B(12)
Department........................               .01F           .01B(14)
Emissions.........................               .01G           .01B(16)
Fugitive emissions................               .01H           .01B(18)
Installation......................               .01I           .01B(19)
Opacity...........................               .01O           .01B(26)
Operating day.....................             .01O-1           .01B(27)
Oxides of nitrogen (NOX)..........             .01O-2           .01B(28)
Particulate matter................               .01P           .01B(29)
Particulate matter emissions......             .01P-1           .01B(30)
PM10..............................             .01P-2           .01B(31)
PM10 emissions....................             .01P-3           .01B(32)
Percent seasonal throughput.......             .01P-4           .01B(33)
Person............................               .01Q           .01B(34)
Potential to emit.................             .01Q-1           .01B(35)
Premises..........................             .01Q-2           .01B(36)
Process weight....................               .01S           .01B(38)
Process weight per hour...........               .01T           .01B(39)
Reasonably Available Control                     .01U           .01B(40)
 Technology (RACT)................
Residual fuel oil.................             .01U-1           .01B(41)
Secretary.........................               .01V           .01B(42)
Source............................               .01W           .01B(43)
Stack or chimney..................               .01X           .01B(44)
Stack Height......................            .08A(2)           .01B(45)
Standard conditions...............               .01Y           .01B(46)
Standard industrial classification             .01Y-1           .01B(47)
 (SIC) code.......................
True vapor pressure (TVP).........               .01Z           .01B(48)
Typical ozone season day (TOSD)...             .01Z-1           .01B(49)
Unconfined source.................              .01AA           .01B(50)
Vapor balance line................              .01BB           .01B(51)
Vapor pressure....................              .01CC           .01B(52)
------------------------------------------------------------------------


[[Page 43487]]

    In addition, EPA has recently approved terms already using the 
revised COMAR citation as part of the Maryland SIP. These terms are:

------------------------------------------------------------------------
                                                            Current SIP
                    Definition or term                        Citation
                                                           (26.11.01.XX)
------------------------------------------------------------------------
Distillate fuel oil......................................      .01B(15)
Fuel-burning equipment...................................      .01B(17)
Modification.............................................      .01B(20)
Motor vehicle............................................    .01B(20-1)
New Source Review Source.................................      .01B(24)
Prevention of Significant Deterioration (PSD) Source.....      .01B(37)
Volatile organic compound (VOC)..........................      .01B(53)
------------------------------------------------------------------------

    EPA's action does not include the recodification of the following 
terms which are not historically part of the Maryland SIP: air 
pollution control equipment, data telemetry, NESHAP source, NSPS 
source, and odor.
    The revised definition of ``source'' found at COMAR 
26.11.01.01B(43) consists solely of a revised citation of the Maryland 
statute [Environment Article, Section 1-101(i)], which is cross-
referenced in this term. The SIP-approved cross reference citation is 
1-101(h). The revision to ``source'' is necessitated by the insertion 
of a provision into Section 1-101 of the statute which is unrelated to 
the statutory definition of ``source.'' There are no substantive 
changes to this SIP-approved definition.
    This rulemaking action does not include EPA's substantive 
evaluation of the definitions listed in COMAR 26.11.01.01B. These 
definitions and terms were approved into the Maryland SIP in previous 
rulemaking actions. EPA is now merely approving the numbering system 
submitted by the State. EPA's approval of the renumbering system, at 
this time, does not imply any position with respect to the 
approvability of the substantive rules. To the extent EPA has issued 
any SIP calls to the State with respect to the adequacy of any of the 
rules subject to this recodification, EPA will continue to require the 
State to correct any such rule deficiencies despite EPA's approval of 
this recodification.
    The revisions to the ambient air quality standards provisions 
consist of the following changes:
    (1) Recodification of the provisions, from COMAR 26.11.03.01 
through 26.11.03.07 to COMAR 26.11.04.03 through 26.11.04.09 
respectively;
    (2) A change in the chapter title to ``Ambient Air Quality 
Standards;'' and,
    (3) The addition of COMAR 26.11.04.02, which states that the 
chapter contains ``state-adopted national ambient air quality 
standards'' (which was the title of the former SIP-approved COMAR 
26.11.03).
    There are no substantive changes either to the wording of this 
chapter, or to any of the ambient air quality standards described in 
this chapter.

III. Final Action

    EPA is approving the revised citation format of approved SIP 
provisions found in COMAR 26.11.01.01A and .01B, the revised citation 
cross-reference found in the definition of ``source'' (COMAR 
26.11.01.01B(43)), and revised restructuring of and administrative 
changes to COMAR 26.11.04.02 through 26.11.04.09. 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 this SIP revision if adverse comments are filed. This rule will 
be effective on October 19, 2001 without further notice unless EPA 
receives adverse comment by September 19, 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. 
Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

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 also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 Fed. Reg. 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 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

[[Page 43488]]

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 October 19, 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 revising Maryland's general administrative 
provisions related to certain definitions and terms as well as ambient 
air quality standards 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 20, 2001.
Thomas C. Voltaggio,
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 VV--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(164) and 
(c)(165) to read as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (164) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 and May 14, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of May 14, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (B) The following revised provisions of COMAR 26.11.01.01, 
effective June 20, 1994:
    (1) 26.11.01.01A.
    (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and 
.01B(13).
    (3) 26.11.01.01B(24) through .01B(36), except for .01B(25).
    (4) 26.11.01.01B(38) through .01B(53).
    (C) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (D) Revised COMAR 26.11.01.01B(43) [definition of ``source''], 
effective June 30, 1997.
    (ii) Additional Material.
    (A) Remainder of May 14, 2001 submittal.
    (B) Remainder of February 6,1998 submittal related to the revised 
definition of ``source.''
    (165) Revisions to the Maryland State Implementation Plan submitted 
on June 12, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 12, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.04 (Ambient Air 
Quality Standards).
    (B) The following revised provisions of COMAR 26.11.04, effective 
May 8, 1995:
    (1) Revised chapter title of COMAR 26.11.04.
    (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through 
.07 [State-Adopted National Ambient Air Quality Standards and 
Guidelines], effective prior to May 8, 1995).
    (3) Addition of COMAR 26.11.04.02.
    (ii) Additional Material.
    (A) Remainder of June 12, 2001 submittal.

[FR Doc. 01-20782 Filed 8-17-01; 8:45 am]
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