[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Rules and Regulations]
[Pages 46487-46489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19922]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD140-3094a; FRL-7523-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revisions to Visible Emissions and Sulfur Dioxide Testing 
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 revision consists of 
amendments to Maryland's general air quality emission standards, 
prohibitions and restrictions affecting visible emissions, particulate 
matter and sulfur compounds from sources other than fuel burning 
equipment. EPA is approving these revisions in accordance with the 
requirements of the Clean Air Act.

DATES: This rule is effective on October 6, 2003 without further 
notice, unless EPA receives adverse written comment by September 5, 
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 may be submitted either by mail or electronically. 
Written comments should be mailed to Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Electronic comments should be sent either to [email protected] or 
to http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
Supplementary Information section. 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: Kathleen Anderson, (215) 814-2173, 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 SIP (02-05) 
consisting of amendments to Code of Maryland's Administrative 
Regulations (COMAR) 26.11.06 General Emission Standards, Prohibitions 
and Restrictions. This regulation contains general provisions that 
apply to an installation when no other pollutant or source specific 
requirement exists. The specific revisions to Regulations .02 .03, and 
.05 remove applicability of the visible emission standard for sources 
with particulate matter emission controls; expand applicability of 
unconfined emission requirements; remove prohibitions on visible 
emissions beyond a source's property line; expand certain visible 
emission exceptions; and require an adjustment to sulfur compound 
(SOx) test results.

II. Summary of SIP Revision

A. Visible and Particulate Matter Emission Standards

    Regulation .03 of COMAR 26.11.06 establishes general particulate 
matter emissions standards for sources in the State. Subsection .03C 
specifically addresses particulate matter emissions from unconfined 
sources that are not discharged into the outdoor atmosphere through a 
stack, duct, hood, flue, or other conduit. The regulation requires 
these sources to take reasonable precautions, approved by the Maryland 
Department of the Environment (MDE), to prevent particulate matter from 
becoming airborne. Reasonable precautions include the installation and

[[Page 46488]]

use of hoods, fans, and dust collectors to enclose, capture, and vent 
emissions.
    Subsection .03D establishes requirements for controlling 
particulate matter from materials handling and construction and 
prohibits material to be handled, transported, or stored, or a 
building, its appurtenances, or a road to be used, constructed, 
altered, repaired, or demolished without taking reasonable precautions 
to prevent particulate matter from becoming airborne.
    Prior to this SIP revision, the provisions in Regulation .03C were 
applicable in only certain areas of the State. Furthermore, sources 
that did comply with the requirement to install measures to prevent 
airborne particulate matter emissions were still subject to the State's 
visible emissions standards. The revisions approved in today's action 
will expand applicability of the requirements for unconfined sources to 
the entire state. This SIP revision also amends the applicability of 
the general visible emissions standard in Regulation .02 to exclude 
those unconfined sources that comply with Subsection .03C and those 
materials handling and construction activities that comply with .03D. 
In other words, the latter sources that install and implement 
reasonable controls, approved by MDE, to control particulate matter are 
excluded from the general visible emission standard. Finally, to be 
consistent with the exclusions for materials handling and construction 
activities, the SIP revision also removes the prohibition on visible 
emissions at the property line for these activities.

B. Sulfur Oxides Testing

    COMAR 26.11.06.05 establishes SOx emission limits for 
process installations other than fuel burning equipment. COMAR 
26.11.06.05A requires calculations of emissions to be adjusted to 
standard conditions as defined in COMAR 26.11.01.01B(46). This section 
is being amended to require that the calculations of emissions also be 
adjusted to 7 percent oxygen to assure that the test results are not 
diluted with excess air.

III. Final Action

    EPA is approving the revisions to COMAR 26.11.06, General Emission 
Standards, Prohibitions, and Restrictions, submitted to EPA on November 
6, 2002. 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 October 6, 2003 without further 
notice unless EPA receives adverse comment by September 5, 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.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number MD140-3094a in the subject line on the first page 
of your comment. Please ensure that your comments are submitted within 
the specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], attention MD140-3094a. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document.

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

[[Page 46489]]

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 October 6, 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 revisions to MDE's regulations 
at COMAR 26.11.06, General Emission Standards, Prohibitions, and 
Restrictions, 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, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: June 26, 2003.
Donald S. Welsh,
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

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2. Section 52.1070 is amended by adding paragraph (c)(181) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (181) Revisions to the Code of Maryland's Administrative 
Regulations (COMAR) for particulate matter, visible emissions and 
sulfur compounds submitted on November 6, 2002 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting the revision consisting of housekeeping and 
clarification amendments to Regulations .02, .03, and .05 under COMAR 
26.11.06 General Emission Standards, Prohibitions and Restrictions.
    (B) The following amendments to COMAR 26.11.06--General Emission 
Standards, Prohibitions and Restrictions, effective November 11, 2002:
    (1) Addition of COMAR 26.11.06.02A(1)(k).
    (2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C 
(introductory paragraph), .03C(1), and .05A.
    (3) Removal of COMAR 26.11.06.02C(3).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(181)(i) of this 
section.

[FR Doc. 03-19922 Filed 8-5-03; 8:45 am]
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