[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56222-56223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27930]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD117-3081; FRL-7083-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; RACT for the Control of VOC Emissions From Iron and Steel 
Production Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision establishes 
reasonably available control technology (RACT) for the control of 
emissions of volatile organic compounds (VOCs) from iron and steel 
production installations in Maryland. EPA is approving this revision in 
accordance with the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective on December 7, 2001.

ADDRESSES: 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: Catherine L. Magliocchetti, (215) 814-
2174, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 31, 2001 (66 FR 39471), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of a SIP revision, which establishes reasonably available control 
technology (RACT) for the control of emissions of volatile organic 
compounds (VOCs) from iron and steel production installations in 
Maryland. The formal SIP revision was submitted by the State of 
Maryland on January 8, 2001. Other specific requirements of the SIP 
revision pertaining to VOC RACT from iron and steel production 
installations in Maryland, and the rationale for EPA's proposed action 
are explained in the NPR, and will not be restated here. No comments 
were received on the NPR.

II. Final Action

    EPA is approving reasonably available control technology (RACT) for 
the control of emissions of volatile organic compounds (VOCs) from iron 
and steel production installations in Maryland as a revision to the 
Maryland SIP.

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. 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 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 tribal implications because it will 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). 
This action also does not have Federalism implications because it does 
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). 
This action 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (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. 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

[[Page 56223]]

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 final rule must be filed in the United States 
Court of Appeals for the appropriate circuit by January 7, 2002. 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 approving Maryland VOC RACT regulation for 
iron and steel production facilities 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, Reporting and recordkeeping requirements.

    Dated: October 5, 2001.
Thomas 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 V--Maryland

    2. Section 52.1070 is amended by adding paragraph (c)(163) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (163) Revisions to the Maryland Regulations submitted on January 8, 
2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated January 8, 2001 from the Maryland Department of 
the Environment transmitting regulations that establish reasonably 
available control technology (RACT) requirements for those sources at 
integrated steel mills that cause emissions of volatile organic 
compounds (VOCs).
    (B) The following revisions to COMAR 26.11.10, effective December 
25, 2000:
    (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and 
.01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as 
.01B(6) and .01B(7) respectively].
    (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds 
from Iron and Steel Production Installations).
    (3) Revisions to COMAR 26.11.10.07 (Testing and Observation 
Procedures).
    (C) Letter dated May 29, 2001 from the Maryland Department of the 
Environment, noting the correction of a typographical error made in the 
Maryland Register publication of the Iron and Steel VOC RACT rule.
    (ii) Additional Materials--Remainder of the state submittal 
pertaining to the regulations listed in paragraph (c)(163)(i)(B) of 
this section.
[FR Doc. 01-27930 Filed 11-6-01; 8:45 am]
BILLING CODE 6560-50-P