[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 18-20]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22414]



40 CFR Part 52

[EPA-R03-OAR-2006-0904; FRL-8264-8]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; PM-10 Test Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions incorporate by 
reference EPA's test methods for particulate matter with a particle 
size of 10 microns or less (PM-10). EPA is approving these revisions to 
the General Administrative Provisions of the Maryland regulations in 
accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on March 5, 2007 without further notice, 
unless EPA receives adverse written comment by February 2, 2007. 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0904 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2006-0904, Linda Miller, Acting Chief, Air 
Quality Planning and Analysis Branch, Mailcode 3AP21, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2006-0904. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].

[[Page 19]]


I. Background

    On June 21, 2006, the State of Maryland submitted a formal revision 
to its State Implementation Plan (SIP). The SIP revision consists of 
regulatory amendment (Revision 06-06) which incorporates by reference 
EPA's PM-10 test methods. The Maryland regulation cites test methods 
used to show compliance with emission standards in COMAR 
The EPA-approved test methods found in 40 CFR Appendix A were 
previously incorporated by reference in COMAR and approved 
as part of the Maryland SIP. The method for particulate matter found in 
Appendix A, Test Method 5, which captures particulate matter in the 
front half of the test train and finer particulates and condensables 
collected in the second half. Method 5 typically analyzes the front 
half of the test train. Compliance with Prevention of Significant 
Deterioration permits for major sources of PM-10 requires the inclusion 
of condensables. The revised PM-10 test methods included in this SIP 
revision require the analysis of condensables for PM-10 emission 
    The EPA-approved test methods for particulate matter which are the 
subject of this rulemaking are found in 40 CFR part 51, Appendix M. In 
addition, the revision references an EPA conditionally approved test 
method (CTM). The CTMs have been evaluated by the Agency and may be 
applicable to one or more categories of stationary sources. The EPA 
confidence in a method included in this category is based upon review 
of various technical information including, but not limited to, field 
and laboratory validation studies; EPA understanding of the most 
significant quality assurance (QA) and quality control (QC) issues; and 
EPA confirmation that the method addresses these QA/QC issues 
sufficiently to identify when the method may not be acquiring 
representative data. The method's QA/QC procedures are required as a 
condition of applicability.

II. Summary of SIP Revision

    The State of Maryland has submitted revisions to the list of test 
methods for PM-10 for approval into the Maryland SIP. The revisions to 
COMAR incorporate by reference the following test methods 
for PM-10 stack testing: Test Methods 201A and 202 (40 CFR part 51, 
Appendix M); Test Method 5 (40 CFR part 60, Appendix A) with Test 
method 202; Test Method 5 using front half and back half procedure; 
Conditional Test Method 39 may be substituted for Test Method 202. The 
revisions also include a provision for approval of alternative test 
methods for PM-10 if approved by the State and EPA.

III. Final Action

    EPA is approving revisions to COMAR to incorporate by 
reference EPA's PM-10 test methods. 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 March 5, 2007 without further notice unless EPA 
receives adverse comment by February 2, 2007. 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.

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 
requirement, 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

[[Page 20]]

``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 March 5, 2007. 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 incorporation by reference of 
PM-10 stack test methods into the Maryland SIP may not be challenged 
later in proceedings to enforce its requirements. (See section 

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: December 18, 2006.
Donald S. Welsh,
Regional Administrator, Region III.

40 CFR part 52 is amended as follows:


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

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

Subpart V-- Maryland

2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entry for COMAR to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
                                                            State                                Additional
Code of Maryland  administrative      Title/subject       effective     EPA approval date   explanation/citation
  regulations (COMAR) citation                               date                             at 40 CFR 52.1100
26.11.01........................                         General Administrative Provisions
                                                  * * * * * * *  Testing and                6/19/06  1/3/07 [Insert page   Paragraph .04c(2) is
                                   Monitoring.                         number where the      added.
                                                                       document begins].
                                                  * * * * * * *

* * * * *

[FR Doc. E6-22414 Filed 12-29-06; 8:45 am]