[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Rules and Regulations]
[Pages 23206-23207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD139-3098a; FRL-7478-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revisions to Regulation for Control of Fuel-Burning 
Equipment, Stationary Internal Combustion Engines, and Certain Fuel-
Burning Installations

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 of Maryland's regulation for Control of Fuel-Burning 
Equipment, Stationary Internal Combustion Engines, and Certain Fuel-
Burning Installations. EPA is approving these revisions in accordance 
with the requirements of the Clean Air Act.

DATES: This rule is effective on June 30, 2003 without further notice, 
unless EPA receives adverse written comment by June 2, 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 mailed to Makeba Morris, Acting 
Chief, Air Quality Planning and Information Services Branch, Mailcode 
3AP21, 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: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 6, 2002, the Maryland Department of the Environment 
(MDE) submitted a formal revision to its State Implementation Plan 
(SIP). The SIP revision (02-06) consists of administrative and 
clarifying amendments to regulation 26.11.09 for Control of Fuel-
Burning Equipment, Stationary Internal Combustion Engines, and Certain 
Fuel-Burning Installations, and includes the establishment of an 
alternative NOX emission standard for a specific subcategory 
of sources subject to this regulation.

II. Summary of SIP Revision

    Code of Maryland Administrative Regulation (COMAR) 26.11.09 
establishes emission standards for fuel burning equipment, including 
standards for visible emissions, particulate matter emissions and 
NOX emissions. The amendments to COMAR 26.11.09 effect the 
following changes to the regulation:
    1. Visible emissions requirements in Regulations .05 were revised 
to remove references to the Ringlemann Smoke Chart, and in lieu of the 
Ringlemann number, the percent opacity corresponding to that number is 
now required, resulting in no change to the standard.
    2. Particulate matter standards in Regulation .06 and .09 were 
revised to remove emission limit applicability for fuel burning 
equipment which burn only gas or distillate fuel. The definitions in 
Regulation .01 were revised to clarify the definition for gas fuels. 
The particulate matter standards will now apply only to residual fuel-
fired equipment as defined in Regulation .01. Since the uncontrolled 
emissions from gas or distillate fuel-fired equipment do not exceed the 
particulate matter emission standards in the regulation, this revision 
is approvable.
    3. The requirement for observation of visible emissions by a 
Bacharach Smoke Test in Regulation .09 was removed. Visible emissions 
observations in accordance with EPA-approved methods are addressed by 
and required under a separate regulation under COMAR.
    4. Regulation .08 was amended to revise the emission standard for 
coal-fired units having a capacity between 100 MMBtu and 250 MMBtu. Low 
NOX burners were installed on three coal-fired boilers to 
meet requirements for Reasonably Available Control Technology for 
NOX ( NOX RACT). NOX RACT was 
completed at considerable cost, however, the emission standard of 0.5 
pounds NOX per MMBtu per hour could not be achieved under 
normal operating conditions. Continuous emissions monitoring (CEM) data 
showed that NOX RACT achieves the emission standard only 
when operating at maximum capacity, and that during normal operations 
NOX is reduced to 0.65 pounds per MMBTU. Installation of 
additional controls would result in NOX RACT which would be 
well above reasonable cost effectiveness. This revision will not 
negatively impact Maryland's Rate of Progress plan nor its attainment 
demonstration for the ozone national ambient air quality standards 
previously submitted by the state of Maryland, and is thus approvable.

III. Final Action

    EPA is approving Maryland's SIP Revision to its regulation under 
COMAR 26.11.09 as submitted. 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 June 30, 
2003 without further notice unless EPA receives adverse comment by June 
2, 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

[[Page 23207]]

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 June 30, 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 revise the provisions to COMAR 26.11.09 
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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: March 31, 2003.
Donald S. Welsh,
Regional Administrator, Region III.

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40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

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2. Section 52.1070 is amended by adding paragraphs (c)(183) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (183) Revisions to the Maryland Regulations pertaining to Control 
of Fuel Burning Equipment, Stationary Internal Combustion Engines, and 
Certain Fuel Burning Installations, submitted on November 6, 2002 by 
the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 6, 2002 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan pertaining to amendments to COMAR 26.11.09.
    (B) Revisions to COMAR 26.11.09, Control of Fuel-Burning Equipment, 
Stationary Internal Combustion Engines, and Certain Fuel-Burning 
Installations, effective November 11, 2002.
    (1) Addition of COMAR 26.11.09.01B(3-1)--definition of ``gas''. 
Existing paragraph .01B(3-1) is renumbered as .01B(3-2).
    (2) Revisions to COMAR 26.11.09.05A(3), .05B(2), and .05B(3).
    (3) Revisions to COMAR 26.11.09.06A(1), .06A(2), and .06B(4); 
addition of .06A(3)(c).
    (4) Revision to COMAR 26.11.09.08D (introductory paragraph) and 
.08D(1)(a).
    (5) Revision to COMAR 26.11.09.09 by removing existing Table 1 and 
adding both a new Table 1 and footnotes (a), (b), and (c).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(183)(i) of this 
section.

[FR Doc. 03-10657 Filed 4-30-03; 8:45 am]
BILLING CODE 6560-50-P