[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Rules and Regulations]
[Pages 9017-9019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4516]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD141/142-3095a; FRL-7450-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Miscellaneous Revisions

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). One revision removes from the 
SIP the state ambient air quality standard for hydrocarbons. The other 
revision removes an outdated citation of a current SIP provision 
regarding the granting of visible emissions exceptions by control 
officers. 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: Written comments should be addressed 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, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460; and 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 18, 2002 and November 26, 2002, the State of Maryland 
submitted formal revisions to its State Implementation Plan (SIP). 
These revisions consists of the removal of outdated and redundant 
provisions from the Maryland SIP. The November 18, 2002 revision 
(85-03) removes the ambient air quality standard for 
hydrocarbons. The November 26, 2002 revision (84-06) removes a 
provision from Maryland's regulations governing control of fuel burning 
equipment and internal stationary sources.

II. Summary of SIP Revisions

    The fuel burning equipment provision being reviewed in this action 
allows control officers to grant visible emissions exceptions for small 
residential units and small heating

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equipment in State Air Quality Regions I, II, V, and VI, which 
comprises the following counties: Allegany, Calvert, Cecil, Charles, 
Dorchester, Frederick, Garrett, Kent, Queen Anne's, Saint Mary's, 
Somerset, Talbot, Washington, Wicomico, and Worcester. Before December 
3, 1984, this rule had been cited in the Code of Maryland 
Administrative Regulations (COMAR) at COMAR 10.18.09.05A(3)(b) (i) and 
(ii). In a State action which became effective on December 3, 1984, 
Maryland removed these provisions from COMAR 10.18.09.05A and merged 
them with its general visible emissions exceptions regulation, 
currently cited in the Maryland SIP as COMAR 26.11.06.02B. In a letter 
dated January 9, 2003 to EPA, Maryland reiterated that the intent of 
Revision 84-06 was to move the provisions which allows control officers 
to grant visible emissions exceptions from COMAR 10.18.09.05 A(3)(b) 
(i) and (ii) to COMAR 26.11.06.02B(5) (a) and (b). On February 12, 
2001(66 FR 9764), EPA had approved the provisions to COMAR 
26.11.06.02B(5) (a) and (b) as revisions of the Maryland SIP, but had 
not indicated in this action that these provisions represented a merger 
with an existing SIP-approved rule. See, 40 CFR 
52.1070(c)(153)(i)(E)(1). In this action, EPA is formally removing 
COMAR 10.18.09.05A(3)(b)(i) and (ii) from the Maryland SIP, in 
accordance with the intent of Maryland's 1984 rulemaking action.
    With regard to the ambient air quality standard for hydrocarbons, 
EPA had removed this pollutant from the list of national ambient air 
quality standards (NAAQS) cited in 40 CFR part 50 on January 5, 1983 
(48 FR 629). In response to EPA's action, Maryland removed the state 
hydrocarbons standard from COMAR 10.18.03, effective October 14, 1985. 
After EPA reviewed the history of Maryland's formal SIP actions taken 
since 1985, it was not clear whether EPA had received a formal request 
from Maryland to remove the State's ambient hydrocarbons standard from 
the SIP. Therefore, on November 18, 2002, Maryland submitted a formal 
SIP revision request reaffirming its intent to remove this provision 
from the SIP.
    Given the history of the State and EPA rulemaking actions 
associated with these two provisions, EPA regards these revisions as 
``housekeeping'' actions with no impact on Agency policy, ambient air 
quality, or enforceability.

III. Final Action

    EPA is approving the removal of the visible emissions exceptions 
provision cited at COMAR 10.18.09.05A(3)(b)(i) and (ii). As explained 
earlier in this action, the actual provision remains in the SIP, but in 
a different location within Maryland's air pollution control 
regulations. EPA is also approving the removal of Maryland's ambient 
air quality standard for hydrocarbons from 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. 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 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

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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 to approve miscellaneous Maryland SIP 
revisions 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, Particulate matter.

    Dated: February 4, 2003.
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)(180) to read 
as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (180) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on November 18, 2002 and November 26, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 18, 2002 from the Maryland Department of the 
Environment transmitting the removal of Code of Maryland Administrative 
Regulation (COMAR) 10.18.03.08--the State ambient air quality standard 
for hydrocarbons.
    (B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
    (C) Letter of November 26, 2002 from the Maryland Department of the 
Environment transmitting revisions to COMAR 10.18.09.05 regarding the 
removal of provisions granting visible emissions exceptions by control 
officers in Maryland Areas I, II, V, and VI.
    (D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), 
effective December 3, 1984.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(180)(i) of this section.
    (B) Letter dated January 9, 2003 from the Maryland Air and 
Radiation Management Administration to the Environmental Protection 
Agency, Region III, clarifying the reasons for removing the provisions 
of COMAR 10.18.09.05B(3)(i) and (ii).

[FR Doc. 03-4516 Filed 2-26-03; 8:45 am]
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