[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Rules and Regulations]
[Pages 56170-56171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD153-3111; FRL-7813-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Revised Major Stationary Source Applicability for Reasonably 
Available Control Technology and Permitting and Revised Offset Ratios 
for the Washington Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland. This revision pertains to changes 
in Maryland's regulations for new source permitting for major sources 
of volatile organic compound (VOC) and nitrogen oxides (NOX) 
emissions and regulations requiring reasonably available control 
technology on major stationary sources of nitrogen oxides in the 
Washington, DC ozone nonattainment area. The revision modifies the 
currently approved SIP to make the following changes applicable in the 
Washington, DC ozone nonattainment area: modify the emissions offset 
ratio; lower the applicability threshold of the new source review (NSR) 
permit program; and, lower the applicability threshold of the 
NOX reasonable available control technology (NOX 
RACT) rule. Maryland made these changes in response to the 
reclassification of the Washington, DC ozone nonattainment area to 
severe nonattainment. The intended effect of this action is to approve 
these changes to Maryland's NSR permitting program and NOX 
RACT regulations for the Washington, DC ozone nonattainment area.

EFFECTIVE DATE: This final rule is effective on October 20, 2004.

ADDRESSES: 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: Christopher Cripps, (215) 814-2179, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 14, 2004, (69 FR 32928), EPA published a notice of proposed 
rulemaking (NPR) for the State of Maryland. The NPR proposed approval 
of a SIP revision that pertains to changes in Maryland's regulations 
for new source permitting for major sources of VOC and NOX 
emissions and NOX RACT regulations requiring RACT on major 
stationary sources of NOX emissions in the Washington, DC 
ozone nonattainment area. The formal SIP revision was submitted by 
Maryland on December 1, 2003.

II. Summary of SIP Revision

    On December 1, 2003, the Maryland Department of the Environment 
submitted a revision (MD SIP Revision Number 03-08) to the Maryland 
State Implementation Plan (SIP) for the Washington, DC ozone 
nonattainment area. This revision amends the approved Maryland SIP to: 
revise the definition of major stationary source in the Code of 
Maryland Regulations (COMAR) 26.11.17.01B(13); incorporate changes in 
the general provisions found in COMAR 26.11.17.03B(3), which require 
proposed new major stationary sources to obtain emission reductions, or 
offsets, of the same pollutant from existing sources in the area of the 
proposed source at a ratio of 1.3 tons of existing emissions for every 
1 ton of proposed emissions; and change the threshold of applicability 
of Maryland's NOX RACT regulation, COMAR 26.11.09.08 to 
sources with emission of 25 or more tons per year of NOX.
    Other specific requirements of these changes to COMAR 
26.11.17.01B(13), COMAR 26.11.17.03B(3) and COMAR 26.11.09.08 and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

III. Final Action

    EPA is approving changes to COMAR 26.11.17.01B(13), COMAR 
26.11.17.03B(3) and COMAR 26.11.09.08 submitted by the Maryland 
Department of the Environment on December 1, 2003 as a revision to the 
Maryland SIP.

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

[[Page 56171]]

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 November 19, 2004. 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 Maryland's December 1, 2003 SIP 
revision pertaining to changes to Maryland's regulations for permitting 
of major sources of VOC and NOX emissions and for 
NOX RACT regulations 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 3, 2004.
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)(191) to read as 
follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *
    (191) Revision to the Maryland Regulations pertaining to changes to 
control of fuel-burning equipment, stationary internal combustion 
engines and certain fuel-burning installations and to changes to 
requirements for major new sources and modifications submitted on 
December 1, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting changes to control of fuel-burning equipment, 
stationary internal combustion engines and certain fuel-burning 
installations and to changes to requirements for major new sources and 
modifications in Maryland's air quality regulations, Code of Maryland 
Administrative Regulations (COMAR).
    (B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of 
NOX emissions for major stationary sources adopted by the 
Secretary of the Environment on October 21, 2003, and effective on 
November 24, 2003.
    (1) Revision to COMAR 26.11.09.08A(1)(a).
    (2) Deletion of COMAR 26.11.09.08A(1)(b).
    (3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR 
26.11.09.08A(1)(b).
    (C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements 
for major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii).
    (2) Deletion of COMAR 26.11.17.01B(13)(a)(iii).
    (3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to 
01B(13)(a)(iii), and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv).
    (D) Revisions to COMAR 26.11.17.03B pertaining to requirements for 
major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revision to COMAR 26.11.17.03B(3)(a).
    (2) Deletion of COMAR 26.11.17.03B(3)(b).
    (3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and 
03B(3)(d) to 03B(3)(c).
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(191)(i) of this 
section.

[FR Doc. 04-21063 Filed 9-17-04; 8:45 am]
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