[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36810-36813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13110]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD132 & 133-3087a; FRL-7210-1]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Maryland; Revised Definitions and Recordkeeping Provisions

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 adopt by reference the EPA definition 
of volatile organic compounds (VOC), update the Federal citation of the 
prevention of significant deterioration (PSD) requirements references 
in Maryland's definitions and general emission standards provisions, 
and revise the general records and information requirements for 
installations and sources. 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 29, 2002 without further notice, 
unless EPA receives adverse written comment by June 27, 2002. 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, Mailcode 3AP20, 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.

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

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revisions

    On December 11, 2001, the State of Maryland submitted two separate 
formal revisions to its SIP. One SIP revision consists of (1) a revised 
reference to the Federal definition of VOC at 40 CFR 51.100(s) which is 
found in Maryland's definition for ``volatile organic compounds (VOC)'' 
(COMAR 26.11.01.01B(53)); and (2) revised references to the Federal PSD 
regulations at 40 CFR 52.21 found in both Maryland's definition of 
``prevention of significant deterioration (PSD) source'' (COMAR 
26.11.01.01B(37)) and the general regulation governing control of PSD 
sources (COMAR 26.11.06.14). These regulatory revisions became 
effective on December 10, 2001. The other SIP revision expands and 
clarifies the type of records and information which Maryland may 
require from installations and sources governs by its air pollution 
control regulations (COMAR 26.11.01.05). The revisions to this 
regulation became effective on June 30, 1997, and a subsequent 
clarifying amendment became effective on December 10, 2001. Maryland 
certified that public hearings on the revised regulations to COMAR 
26.11.01.01B and 26.11.06.14 were held on October 23, 2001. Maryland 
also certified that public hearings were held on March 26 and March 28, 
1997 on the first revision to COMAR 26.11.01.05, and additional 
hearings were held on October 23, 2001 on the second revision to COMAR 
26.11.01.05. Maryland held these hearings in accordance with the 
requirements of 40 CFR 51.102.

[[Page 36811]]

II. Evaluation of SIP Revisions

A. Revisions to Reference Updates to VOC and PSD

    Maryland has amended COMAR 26.11.01.01B(53) to update the Federal 
reference for incorporation of the EPA definition of VOC found at 40 
CFR 51.100(s) from the 1999 edition (the currently SIP-approved 
version) to the 2000 edition of the Code of Federal Regulations (CFR). 
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. 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 51.100(s) as of a specified 
date. The 2000 edition of 40 CFR 51.100(s) does not add any new 
solvents, refrigerants or other compounds to the list of exempt VOCs.
    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 52.21 from the 1999 edition to the 2000 edition. This 
edition of 40 CFR 52.21 does not add, amend, or remove any provisions 
when compared to the 1999 edition of 40 CFR 52.21. Therefore, EPA 
approves these 40 CFR cross-reference updates found in the definition 
of VOC at COMAR 26.11.01.01B(53) and the PSD provisions found at COMAR 
26.11.01.01B(37) and 26.11.06.14.

B. Revisions to COMAR 26.11.01.05 (Records and Information)

    Maryland has extensively revised the provisions of this regulation 
when compared to the SIP-approved version. Maryland's revised 
regulation expands the scope of entities which the State may require to 
establish and maintain records, in a format approved by the Maryland 
Department of the Environment (MDE), sufficient to provide the 
information, such as material and fuel use, necessary to:
    (1) Assist the MDE in the development of an implementation plan, 
air emissions standard, equipment performance standard, or material 
formulation standard;
    (2) Determine compliance with an air emissions standard, equipment 
performance standard, material formulation standard, or permit 
condition;
    (3) Verify or update registration information; or
    (4) Update Maryland's air emissions inventory.
    Under the revised provision, the State can require a person who 
owns or operates such installation or source, upon request, to supply 
the requested information to the MDE, summarizing the information in a 
format approved by the MDE and on a schedule specified by the MDE. The 
current SIP provision applies only to fuel suppliers. Maryland's 1998 
and 2001 amendments have expanded the scope of this rule to include a 
person who owns or operates an installation or source, as defined in 
COMAR 26.11.01.01B(19) and 26.11.01.01B(43) respectively. Both of these 
definitions are included in the current Maryland SIP. In its support 
document accompanying this SIP revision which provided justification 
for the amended provisions, Maryland stated that this amendment is 
intended to require owners and operators of applicable sources, when 
requested, to establish and maintain records as well as provide 
information to the Maryland Department of the Environment (MDE) on 
operating data, materials consumption, materials formulation, and 
similar information necessary to quantify air emissions and determine 
compliance. According to the State, most major facilities have specific 
record keeping requirements established in a source-specific regulation 
or by a permit condition. Maryland concludes that there would be little 
or no economic impact from the revised provisions because entities 
subject to this rule already maintain information such as fuel use, 
equipment use, and production rates as part of their normal business 
practice.
    EPA has reviewed the revisions to COMAR 26.11.01.05 and has 
determined that the revised provisions are consistent with the 
requirements of 40 CFR part 51, subpart K (Source surveillance), 
particularly the requirements for determining compliance with the 
applicable rules and regulations (40 CFR 51.210) and for requiring 
owners or operators of stationary sources to maintain records and 
periodically report to the State such information which will enable the 
State to determine compliance with applicable portions of the control 
strategy (40 CFR 51.211). In addition, EPA has determined that the 
revised provisions would enhance Maryland's ability to comply, as 
needed, with the requirements of 40 CFR part 51, subpart G (Control 
strategy), particularly sections 51.114 (Emissions data and 
projections), and 51.116 (data availability). At the same time, EPA 
agrees with Maryland's assertion that having installations and sources 
provide such information presents no undue burden since such 
information is maintained during the course of normal business 
practice, or is already required by a source-specific regulation or by 
a permit condition. Therefore, EPA approves the revised version of 
COMAR 26.11.01.05 as a revision to the Maryland SIP.

III. Final Action

    EPA is approving revisions to the Maryland SIP that update the 
references to the EPA definition of VOC found 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). EPA is also approving 
as a revision to the Maryland SIP the State's revised general records 
and information requirements for installations and sources (COMAR 
26.11.01.05). 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 29, 
2002 without further notice unless EPA receives adverse comment by June 
27, 2002. 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

[[Page 36812]]

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 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 29, 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 to approve Maryland's revised definition of 
VOC, revised PSD requirements, and the revised general records and 
information requirements for installations and sources 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: May 1, 2002.
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 paragraphs (c)(171) and 
(c)(172) to read as follows:


[sect] 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (171) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) which update the Maryland regulation references to both the 
Federal Prevention of Significant Deterioration (PSD) regulations found 
at [sect] 52.21 and the EPA definition of ``volatile organic compound'' 
(VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of 
Federal Regulations, submitted on December 11, 2001 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting updated references to the Code of Federal 
Regulations (CFR) with regard to the Prevention of Significant 
Deterioration (PSD) regulations and the definition of ``volatile 
organic compound'' (VOC).
    (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
effective December 10, 2001, which updates the references for 
incorporation of the Federal PSD regulations found at [sect] 52.21 from 
the 1999 to the 2000 edition of the CFR.
    (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 
2001, which updates the references of the EPA definition of VOC found 
at 40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) 
of this section.
    (172) Revision to the Code of Maryland Administrative Regulations 
(COMAR) governing general records and information requirements, 
submitted on December 11, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.05 (Records and 
Information).
    (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing 
COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 
1988.
    (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., 
effective December 10, 2001.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the

[[Page 36813]]

revisions listed in paragraphs (c)(172)(i)(B) and (C) of this section.

[FR Doc. 02-13110 Filed 5-24-02; 8:45 am]
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