[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3582-3584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1931]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD043-3005; FRL-5339-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Prevention of Significant Deterioration: PM-10 Increments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland which amends Code of Maryland
Administrative Regulations (COMAR) 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14. The intended effect of this action is to approve an
amendment to Maryland's Prevention of Significant Deterioration (PSD)
program. This revision makes these regulations consistent with the
currently effective version of 40 CFR part 52.21, including
establishing the maximum increases in ambient particles with an
aerodynamic diameter of less than or equal to a nominal 10 micrometers
(PM-10) concentration allowed in an area above the baseline
concentrations. This action is being taken in accordance with section
110 of the Clean Air Act (CAA), and in satisfaction of the June 3, 1993
promulgation of the PM-10 increment regulations requiring that existing
state PSD programs be modified to replace the total suspended
particulate (TSP) increments with the new PM-10 increment provisions.
[[Page 3583]]
DATES: This action is effective April 1, 1996 unless notice is received
on or before March 4, 1996 that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460; and
Maryland Department of the Environment, 2500 Broening Highway,
Baltimore Maryland 21224.
FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, (215) 597-2923.
SUPPLEMENTARY INFORMATION: From 1991 to 1993, EPA promulgated
amendments to the regulations for the prevention of significant
deterioration of air quality from emissions of sulfur dioxide, nitrogen
oxides, and particulate matter. These regulations establish the maximum
increases, or increments, in ambient concentrations of these criteria
pollutants. In 1991, EPA amended the definition of significant at
Sec. 52.21(b)(23)(i) (56 FR 5506). In 1992, EPA promulgated two
revisions to 40 CFR Part 52.21. On February 3, 1992 EPA amended the
definition of VOC at Sec. 52.21(b)(30) (57 FR 3946), and on July 21,
1992 EPA adopted a New Source Review (NSR) exclusion for utility
pollution control projects and amended Sec. 52.21(b)(2), (21), and
(31)-(38) (57 FR 32314-32339).
On June 3, 1993, EPA promulgated regulations under Section 166 of
the Clean Air Act to prevent significant deterioration of air quality
due to emissions of particles with an aerodynamic diameter of less than
or equal to a nominal 10 micrometers (PM-10), establishing increments
for PM-10. EPA added the PM-10 increments to the PSD program elements
in 40 CFR 51.166 and 52.21, which replaced the original increments that
were based on total suspended particulate (TSP) (58 FR 31637). On July
20, 1993, EPA revised Sec. 52.21(l)(1) and (2), which adds Supplement B
to the ``Guideline on Air Quality Models (Revised)'' (57 FR 38816).
Summary of SIP Revision
On July 17, 1995, the State of Maryland submitted a formal revision
to its State Implementation Plan (SIP). The SIP revisions consist of
changes to Maryland's Prevention of Significant Deterioration (PSD)
Program at the Code of Maryland Administrative Regulations (COMAR)
26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14, which update
references to 40 CFR Part 52.21 to the 1993 edition. The SIP would be
revised to remove references to the 1990 edition of the CFR and replace
those references with 1993.
EPA Evaluation
EPA evaluated Maryland's SIP revision and concluded the following:
(1) Updating the regulations provides updated definitions and model
guidelines, establishes a New Source Review (NSR) exclusion for utility
pollution control projects, and provides protection of the PSD
increment for PM-10; and (2) all of the applicable requirements of 40
CFR Part 51 and 52 are met. A more detailed evaluation is provided in a
Technical Support Document available upon request from the Regional EPA
office listed in the ADDRESSES section of this notice.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 1, 1996 unless, by March 1, 1996, adverse or critical
comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on April 1, 1996.
Final Action
EPA is approving as revisions to the Maryland SIP changes to the
Code of Maryland Administrative Regulations (COMAR) which were
submitted on July 17, 1995. The submitted revision updates the
reference to 40 CFR 52.21. This actions make Maryland's SIP
regulations, COMAR 26.11.01.01, 26.11.02.10 (C)(9) and 26.11.06.14,
consistent with the currently effective version of 40 CFR 52.21.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
[[Page 3584]]
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action to approve revisions to the Maryland SIP
which make Maryland's SIP regulations, COMAR 26.11.01.01, 26.11.02.10
(C)(9) and 26.11.06.14, consistent with the currently effective version
of 40 CFR 52.21 must be filed in the United States Court of Appeals for
the appropriate circuit by April 1, 1996. 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 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur Oxides.
Dated: November 3, 1995.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart V--Maryland
2. Section 52.1070 is amended by adding paragraphs (c)(119) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(119) Revisions to the Code of Maryland Administrative Regulations
for prevention of significant deterioration submitted on July 17, 1995
by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and
26.11.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1992 and
1993. The amendments were effective on May 8, 1995 in the State of
Maryland.
(ii) Additional material.
(A) Remainder of July 17, 1995 State of Maryland submittal.
[FR Doc. 96-1931 Filed 1-31-96; 8:45 am]
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