[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Rules and Regulations]
[Pages 9012-9015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4510]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD 128-3097a; FRL-7450-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revisions to Regulations for Permits, Approvals and 
Registration and Related Regulations

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). The revisions amend 
provisions to Maryland's regulations for Permits, Approvals, and 
Registration and related changes to its regulations for General 
Emission Standards, Prohibitions, and Restrictions, and Volatile 
Organic Compounds from Specific Processes. EPA is approving these 
revisions in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on April 28, 2003 without further notice, 
unless EPA receives adverse written comment by March 31, 2003. 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: Comments should be mailed to Harold A. Frankford, Office of 
Air Programs, Air Protection Division, 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, 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460; and the Maryland Department of the Environment, 
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On November 1, 2001, the Maryland Department of the Environment 
(MDE) submitted formal revisions to its State Implementation Plan 
(SIP). The SIP revision consists of amendments to the Code of Maryland 
(COMAR) Regulations 26.11.02, Permits, Approvals, and Registration that 
were adopted from 1995 thorough 1999 and related amendments under COMAR 
26.11.06, General Emission Standards, Prohibitions, and Restrictions, 
and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes.
    The MDE has submitted all regulations under COMAR 26.11.02 for SIP 
approval except those relating to part 70 permits and those relating to 
fees. The MDE's November 1, 2001 submittal includes a table (Table 1of 
the submittal) which clearly indicates those regulations under COMAR 
26.11.02 that are not to be considered as part of the SIP revision 
request. COMAR 26.11.02 was amended in its entirety in 1995 to include 
part 70 requirements. The non-part 70 requirements of COMAR 26.11.02 
are substantially the same as those already approved by EPA as SIP 
revisions. This rulemaking action approving the November 1, 2001 SIP 
revision request by MDE does not make substantial amendments to the 
SIP's provisions of COMAR 26.11.02 already approved by EPA. Similarly, 
the related amendments made to COMAR 26.11.06, General Emission 
Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes that are the subject of this 
rulemaking action do not change the substantive SIP requirements of 
those regulations previously approved by EPA. The specific amendments 
being approved by this rulemaking action are discussed in the next 
section of this document.

II. Summary of the SIP Revisions

    EPA is approving the SIP revisions submitted by the MDE on November 
1, 2001. A description of each revision is provided in A-E of this 
section.

A. The May 1995 Amendments

    On April 11, 1995, the MDE adopted several amendments to its Code 
including the repeal of Regulations .01-.21 and the adoption of new 
Regulations .01-.19 under COMAR 26.11.02 Permits, Approvals, and 
Registration, an amendment to Regulation .06, Volatile Organic 
Compounds under COMAR 26.11.06, General Emission Standards, 
Prohibitions, and Restrictions, and an amendment to Regulation .02 
Applicability, Determining Compliance, Reporting and General 
Requirements under COMAR 26.11.19, Volatile Organic Compounds from 
Specific Processes. All of these amendments were effective on May 8, 
1995.
    The repeal of Regulations .01-.21 and the adoption of new 
Regulations .01-.19 under COMAR 26.11.02 Permits, Approvals, and 
Registration did not substantially change the requirements of COMAR 
26.11.02. Rather, when it re-codified and reformatted these 
regulations, the MDE made several simple wording changes to clarify the 
text, correct typographical errors, and make wording changes to the 
text of these SIP regulations to clarify their requirements in light of 
the adoption of non-SIP permitting regulations to satisfy the 
requirements of 40 CFR part 70. The MDE's November 1, 2001 submittal 
specifically indicates that Regulations .01B., .02D., .04C.(2), .11C., 
and .15 regarding definitions and requirements related to part 70 
Permits are not being requested for approval and incorporation into the 
SIP.
    The amendment to Regulation .06, Volatile Organic Compounds under 
COMAR 26.11.06, General Emission Standards, Prohibitions, and 
Restrictions clarifies that the hearing required by 26.11.06.06 E(4)e 
satisfies the requirement for public comment or hearing under COMAR 
26.11.02.09-.14.
    The amendment to Regulation .02 Applicability, Determining 
Compliance, Reporting and General Requirements under COMAR 26.11.19, 
Volatile Organic Compounds from Specific Processes clarifies that upon 
approval of a reasonably available control technology (RACT) standard 
for a major stationary source of volatile organic compounds (VOCs) that 
does not have a permit to operate, the MDE will require the source to 
apply for a permit under COMAR 26.11.02.13 and will issue a permit to 
operate that includes the RACT requirements.

B. The June 1997 Amendments

    On May 20, 1997, the MDE adopted revisions to Regulations .01, .06, 
.10, .11, .12, .14, .16 and .19 under COMAR 26.11.02 Permits, 
Approvals, and Registration. These amendments were effective June 16, 
1997. The MDE's November 1, 2001 submittal specifically states that the 
amendments to Regulations .16 and .19 of COMAR 26.11.02 are not being 
requested for approval and incorporation into the SIP. The MDE's 
November 1, 2001 submittal also specifically states that the definition 
of the term ``acid rain source'' found at COMAR 26.11.02.01B(1) is not 
being requested for SIP approval.

[[Page 9013]]

    The amendment to .01, Definitions clarifies the definition of the 
term ``complete application'' at paragraph .01B(13). The amendment to 
Regulation .06, Denial of Applications for State Permits and Approvals 
corrects typographical errors and omissions that occurred when COMAR 
26.11.02 was reorganized.
    The amendments to Regulation .10, Sources Exempt for Permits to 
Construct and Approvals provide that the following sources may 
construct or modify without first obtaining, and having in current 
effect, a permit to construct:
    (1) Commercial bakery ovens with a rated heat input capacity of 
less than 2 MMBtu/hour;
    (2) Breweries with an annual beer production less than 60,000 
barrels;
    (3) Municipal solid waste landfills that have a design capacity of 
less than 500,000 tons of municipal solid waste and that are not major 
sources;
    (4) Gasoline storage tanks with a capacity of 2000 gallons or less; 
and
    (5) Sheet-fed letter or lithographic printers with a cylinder width 
less than 18 inches.
    The amendments to Regulation .11, Procedures for Obtaining Permits 
to Construct Certain Significant Sources clarify application procedures 
for sources subject to COMAR 26.11.02. The amendments to Regulation 
.12, Procedures for Obtaining Approvals of PSD Sources and NSR Sources 
and Permits to Certain 100-Ton Sources clarify those provisions of 
COMAR 26.11.02 that apply to these sources and state that a permit to 
construct a lead source is required for sources that will discharge 5 
tons per year or more of lead or lead compounds measured in elemental 
lead. The amendments to Regulation .14, Procedures for Obtaining State 
Permit to Operate and Permits to Construct Certain Sources and Permits 
to Construct Control Equipment on Existing Sources clarify the 
applicability of COMAR 26.11.02 for any source or activity not listed 
in Regulations .11A. or .12.

C. The September 1997 Amendments

    On August 18, 1997, the MDE adopted amendments to Regulation .10, 
Sources Exempt for Permits to Construct and Approvals under COMAR 
26.11.02 Permits, Approvals, and Registration. These amendments were 
effective September 22, 1997. The amendments to Regulation .10, Sources 
Exempt for Permits to Construct and Approvals lowers the size of the 
stationary internal combustion engine (ICE) exempted from permit to 
construct requirements for sources that operate more than 2000 hours/
year. The old version of the regulation exempted a stationary ICE of 
less than 1000 brake horsepower (HP) from the permit to construct 
requirements. Under the revised regulation, a stationary ICE of less 
than 500 HP and those between 500 and 1000 HP that operate less than 
2,000 hours/year are exempted from the permit to construct 
requirements. For sources that install more than one ICE over a five-
year period, the exemptions do not apply if the total potential to emit 
emissions from the engines installed over the five-year period meets or 
exceeds the major source threshold as defined in COMAR 26.11.02.01.C.

D. The May 4, 1998 Amendments

    On April 9, 1998, the MDE adopted amendments to Regulation .09 
Sources Subject to Permits to Construct and Operate under COMAR 
26.11.02, Permits, Approvals, and Registration; and to Regulations .02, 
Applicability, Determining Compliance, Reporting and General 
Requirements and Regulation .15 Paint, Resin and Adhesive Manufacturing 
and Adhesive Application under COMAR 26.11.19, Volatile Organic 
Compounds from Specific Processes. These amendments were effective May 
4, 1998.
    The amendments to Regulation .09, Sources Subject to Permits to 
Construct and Operate under COMAR 26.11.02, Permits, Approvals, and 
Registration corrects a mis-reference that occurred when COMAR 26.11.02 
was restructured. The amendment clarifies that obtaining a Prevention 
of Significant Deterioration (PSD) permit or New Source Review (NSR) 
permit is separate from obtaining a general construction permit. 
Obtaining approval of a PSD or NSR permit does not relieve a person 
from also obtaining all permits to construct required under COMAR 
26.11.02.
    Although they were included in Maryland's November 1, 2001 SIP 
revision submittal, the MDE had also formally submitted the very same 
amendments to COMAR 26.11.19,Volatile Organic Compounds from Specific 
Processes, Regulations .02, Applicability, Determining Compliance, 
Reporting and General Requirements and .15, Paint, Resin and Adhesive 
Manufacturing and Adhesive Application, as separate formal SIP revision 
requests. EPA has already approved the revision to Regulation .02 on 
February 3, 2003 (68 FR 5228) and the revision to Regulation .15 on 
October 28, 1999 (64 FR 57989).

E. The March 22, 1999 Amendments

    On March 2, 1999, the MDE adopted amendments to Regulation .10, 
Sources Exempt for Permits to Construct and Approvals under COMAR 
26.11.02, Permits, Approvals, and Registration. These amendments were 
effective March 22, 1999. The amendments establish a de minimus level 
for construction permits so that sources which emit very small amounts 
of air pollution do not have to obtain air quality permits to 
construct. In addition, the amendments clarify the exemption list of 
Regulation .10, Sources Exempt for Permits to Construct and Approvals 
under COMAR 26.11.02 to exempt space heaters below a certain size from 
the requirement to obtain a permit to construct.
    The amended version of Regulation .10C exempts space heaters using 
gaseous fuels or No. 1 or No. 2 fuel oil with a heat input less than 
1,000,000 Btu (1.06 gigajoules) per hour from first obtaining, and 
having in current effect, a permit to construct prior to construction 
or modification. The amended version of Regulation .10 includes a new 
paragraph .10X., Other Installations, which allows an installation to 
construct or modify or cause to be constructed or modified without 
first having to obtain, and having in current effect, a permit to 
construct if :
    (1) The installation is not subject to any source-specific State or 
Federal emission standard;
    (2) The expected uncontrolled emissions are less than 1 ton per 
calendar year of each pollutant for which there is a Federal ambient 
air quality standard or which is a Class II toxic air pollutant, as 
defined in COMAR 26.11.15.01B(5); and
    (3) The emissions contain not more than 1 pound per day of a Class 
I toxic air pollutant, as defined in COMAR 26.11.15.01B(4).

III. Final Action

    EPA is approving the amendments to COMAR 26.11.02, Permits, 
Approvals, and Registration that were adopted from 1995 thorough 1999 
and related amendments under COMAR 26.11.06, General Emission 
Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes as submitted by MDE on 
November 1, 2001 as formal revisions to the Maryland SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment given that these revisions

[[Page 9014]]

became effective in Maryland from 1995 through 1999 and do not 
substantially revise the already SIP-approved provisions of these 
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 amendments to COMAR 26.11.02, Permits, 
Approvals, and Registration that were adopted from 1995 through 1999 
and related amendments under COMAR 26.11.06, General Emission 
Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes submitted by MDE on November 
1, 2001, if adverse comments are filed. This rule will be effective on 
April 28, 2003 without further notice unless EPA receives adverse 
comment by March 31, 2003. 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. Statutory and Executive Order Reviews

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 (Pub. L. 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 April 28, 2003. 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 amendments to COMAR 26.11.02, 
Permits, Approvals, and Registration that were adopted from 1995 
thorough 1999 and related amendments under COMAR 26.11.06, General 
Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, 
Volatile Organic Compounds from Specific Processes as submitted by 
Maryland on November 1, 2001 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 4, 2003.
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 V--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(182) to read 
as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (182) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration

[[Page 9015]]

that were adopted from 1995 thorough 1999 and related amendments under 
COMAR 26.11.06, General Emission Standards, Prohibitions, and 
Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from 
Specific Processes on November 1, 2001 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 1, 2002 from the Maryland Department of the 
Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 
and 26.11.19.
    (B) The following new provisions of COMAR 26.11.02 (Permits, 
Approvals and Registration), effective May 8, 1995, replacing COMAR 
26.11.02.01 through 26.11.02.16, as amended effective through April 26, 
1993:
    (1) COMAR 26.11.02.01A; 26.11.02.01B(2), (3), (7) through (9), (11) 
through (14), (17) through (21), (23) through (28), (34) through (36), 
(38), (40), (41), (43) through (45), (47), (48), (51) through (53), and 
(55); and 26.11.02.01C.
    (2) COMAR 26.11.02.02 (except .02D), .03, .04 (except .04C(2)), .05 
through .10, .11 (except .11C), and .12 through 14.
    (C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995.
    (D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995.
    (E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory 
paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) 
and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, 
.11A(2)and .12A(3); removal of 26.11.02.14A(2)--existing .14A(3) is 
renumbered as .14A(2), effective June 16, 1997.
    (F) Revision to COMAR 26.11.02.10E, effective September 22, 1997.
    (G) Revision to COMAR 26.11.02.09C, effective May 4, 1998.
    (H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of 
COMAR 26.11.02.10X, effective March 22, 1999.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(182)(i) of this 
section.


Sec.  52.1113  [Reserved]

    3. Section 52.1113 is reserved.

[FR Doc. 03-4510 Filed 2-26-03; 8:45 am]
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