[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 33000-33002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD131-3091a; FRL-7503-7]


Approval and Promulgation of Air Quality Implementation Plans, 
Maryland; Amendments to the Control of Volatile Organic Compounds From 
Chemical Production and Polytetrafluoroethylene 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 consist of 
amendments to Maryland's air pollution control regulations governing 
specific processes that emit volatile organic compounds (VOC). These 
requirements initially included organic chemicals and are being 
expanded to include inorganic chemicals and polytetrafluoroethylene 
(PTFE) products. The revisions also include establishment of a VOC 
content limit for PTFE coating installations and clarification of 
applicability thresholds. EPA is fully approving these revisions in 
accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on August 4, 2003, without further 
notice, unless EPA receives adverse written comments by July 3, 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, Branch 
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 Blvd., Suite 730, 
Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814-2168, or by e-
mail at [email protected].

[[Page 33001]]


SUPPLEMENTARY INFORMATION: 

I. Background

    On December 6, 2001 and November 6, 2002, the State of Maryland 
submitted formal revisions to its State Implementation Plan (SIP). The 
SIP revisions, submitted by the Maryland Department of the Environment 
(MDE), consist of amended volatile organic compound requirements to 
specific processes Code of Maryland Administrative Regulations (COMAR) 
26.11.19. The December 6, 2001 revision (01-15) was published 
in the Maryland Register on September 21, 2001, a public hearing was 
held on October 23, 2001, adopted on November 6, 2001 and became 
effective on December 10, 2001. The November 6, 2002 revision 
(02-07) was published in the Maryland Register on August 9, 
2002, a public hearing was held on September 11, 2002, adopted on 
October 3, 2002 and became effective on November 11, 2002.

II. Summary of SIP Revision

    (A) On December 6, 2001, MDE submitted amendments to COMAR 
26.11.19.30. The existing regulation establishes reasonably available 
control technology (RACT) for chemical plants that produce organic 
chemicals. The revised regulation is being expanded to include VOC 
requirements for chemical production facilities and PTFE products 
facilities.
    (1) The revisions to COMAR 26.11.19.30B add the following 
definitions: (a) Dipping trough, (b) inorganic chemical production 
installation, (c) PTFE, (d) PTFE installation, and (e) product 
condenser.
    (2) COMAR 26.11.19.30C, which addresses applicability, is revised 
to include inorganic chemical production installations and PTFE 
installations.
    (3) COMAR 26.11.19.30D is revised to address general requirements 
for both organic and inorganic chemical production facilities. In 
addition, the date to implement good operating practice and procedures 
is revised from March 30, 2001 to March 30, 2002.
    (4) COMAR 26.11.19.30E is revised to create general requirements 
for PTFE installations. These requirements are as follows: (a) A person 
who owns or operates a PTFE installation that has uncontrolled VOC 
emissions of 50 pounds or more per day shall vent the emissions into a 
thermal oxidizer or use other approved methods to destroy or reduce VOC 
emissions by 85 percent or more. (b) If a thermal oxidizer is 
installed, the oxidizer combustion chamber shall be operated at a 
specified minimum temperature that is demonstrated to achieve 
compliance with the regulation. In addition, the thermal oxidizer 
combustion chamber should be equipped with a continuous temperature 
monitor, an alarm system for safety, and with an interlock system. (c) 
If a source uses an approved alternative control method, it shall be 
monitored. (d) Emission treatment or monitoring equipment shall be 
operated, maintained and calibrated in accordance with the equipment 
vendor's specifications. (e) A person who owns or operates a PTFE 
compounding and tape or shape-forming installation shall minimize 
fugitive VOC emissions by enclosing all wet PTFE and covering dipping 
troughs when not in operation.
    (B) On November 6, 2002, MDE submitted amendments to COMAR 
26.11.19.30. These amendments include (a) Minor modification to the 
definition of PTFE, (b) Deletion of the definition of PTFE 
installation, and (c) The addition of definitions for PTFE coating 
installation, PTFE process installation and total actual uncontrolled 
VOC emissions. In addition, these amendments clarify applicability 
requirements for PTFE coating and process installations found at COMAR 
26.11.19.30C. COMAR 26.11.19.30E is modified to address general 
requirements for PTFE process installations and to add requirements for 
PTFE coating installation. The new PTFE coating installation 
requirement states that an installation that has actual uncontrolled 
VOC emissions of 20 pounds or more per day may not use a coating that 
has a VOC content exceeding 2.9 pounds per gallon unless it is equipped 
with a control device that meets specified requirements. These new 
requirements comport with EPA standards for coating operations.

III. Final Action

    EPA is approving SIP revisions submitted by MDE on December 6, 2001 
and November 6, 2002. The amendments establish specific VOC 
requirements for the production facilities that produce organic, 
inorganic chemicals and PTFE products. 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 August 4, 2003, without further notice unless EPA 
receives adverse comment by July 3, 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 (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,

[[Page 33002]]

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 August 4, 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 pertains to Maryland's amendments to VOC 
requirements from chemical production and PTFE installations and 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 20, 2003.
Abraham Ferdas,
Acting Regional Administrator, Region III.

0
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

0
2. Section 52.1070 is amended by adding paragraph (c)(176) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (176) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 6, 2001 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (B) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective December 10, 2001:
    (1) Revised title for COMAR 26.11.19.30.
    (2) Addition of paragraphs .30B(3-1), .30B(3-2), .30B(4-1), .30B(4-
2), .30B(5)(b), and .30E(1) through (5) inclusive.
    (3) Renumbering of former paragraphs .30B(5), .30C(3), and .30E(1) 
as paragraphs .30B(5)(a), .30C(2) and .30F respectively.
    (4) Revisions to paragraphs .30C(1), renumbered .30C(2), .30D. 
(paragraph title), .30D(1), .30D(2), .30D(3), .30D(4) (introductory 
paragraph) and .30F.
    (5) Removal of former paragraphs .30C(2) and .30E(2).
    (C) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (D) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective November 11, 2002:
    (1) Revisions to paragraphs .30B(4-1), .30B(4-2), .30C(2), .30C(3), 
and .30E(1).
    (2) Addition of paragraphs .30B(4-3), .30B(4-4), and .30E(6).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(176)(i) of this 
section.

[FR Doc. 03-13700 Filed 6-2-03; 8:45 am]
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