[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Rules and Regulations]
[Pages 8380-8383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4524]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD040-3010a and MD048-3011a; FRL-5688-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Volatile Organic Compound Emissions From Open
Fires, ``Once-in, Always-in,'' and Definition for the Term ``Annual''
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Maryland on July 12, 1995 and July 17, 1995.
These revisions establish a definition for the term ``annual,'' expand
Maryland's once-in, always-in provisions, and require an open burning
ban in Maryland's serious and severe ozone nonattainment areas during
the summer months. The intended effect of this action is to approve
these provisions into the Maryland SIP, in accordance with the SIP
submittal and revision provisions of the Act.
DATES: This final rule is effective April 28, 1997 unless within March
27, 1997, adverse or critical comments are received. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO
and Mobile Sources Section, Mailcode 3AT21, 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 and the Maryland Department of the Environment, 2500 Broening
Highway, Baltimore Maryland 21224.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 566-2181, at the
[[Page 8381]]
EPA Region III office address listed above, or via e-mail at
pino.maria@epamail.epa.gov. While information may be requested via e-
mail, comments must be submitted in writing to the above Region III
address.
SUPPLEMENTARY INFORMATION: On July 12, 1995, the Maryland Department of
the Environment (MDE) submitted amendments to its open fires regulation
to EPA as a State Implementation Plan (SIP) revision. This regulation
controls emissions of volatile organic compounds (VOCs) through a
seasonal ban on open burning in Maryland's serious and severe ozone
nonattainment areas. MDE submitted this SIP revision request pursuant
to the rate-of-progress (ROP) requirements of section 182 of the Clean
Air Act (the Act).
On July 17, 1995, MDE submitted amendments to its ``once-in,
always-in'' provisions to EPA as a SIP revision. These revisions expand
the applicability of Maryland's once-in, always-in provisions to
include VOC regulations triggered by applicability thresholds based on
a source's actual emissions. Also on July 17, 1995, MDE submitted a
definition for the term ``annual.'' This revision clarifies
applicability provisions for many Maryland VOC emission control
requirement provisions.
Summary of SIP Revision
State Submittal: Open Fires, COMAR 26.11.07
Maryland has amended COMAR 26.11.07 to institute a ban on open
burning during the peak ozone season in Maryland's severe and serious
ozone nonattainment areas. Maryland considers the months of June, July,
and August the peak ozone, because that is when ambient levels of ozone
in Maryland are usually the highest. The areas subject to this ban are
the Baltimore severe ozone nonattainment area (Baltimore City and Anne
Arundel, Baltimore, Carroll, Harford, and Howard Counties), the
Maryland portion of the Philadelphia severe ozone nonattainment area
(Cecil County), and the Maryland portion of the Washington, DC serious
ozone nonattainment area (Calvert, Charles, Frederick, Montgomery, and
Prince George's Counties). These revisions were adopted on May 1, 1995,
and effective on May 22, 1995.
The following open fires are not prohibited, as long as all
reasonable means are used to minimize smoke:
(1) For cooking of food on noncommercial property (cook outs);
(2) For recreational purposes (camp fires);
(3) For prevention of fire hazards that cannot be abated by any
other means;
(4) For the instruction of fire fighters or the testing of fire
fighter training systems fueled by propane or natural gas;
(5) For protection of health & safety when disposal of hazardous
waste is not possible by any other means;
(6) For burning pest infested crops or agricultural burning for
animal disease control;
(7) For good forest resource management practices;
(8) For the burning of excessive lodging for the purpose of re-
cropping; and
(9) For testing fire fighting training systems.
This ban is in effect during the ``peak ozone season''. During the
remainder of the year (September 1-May 31) Maryland's existing open
fire regulations apply. Current regulations require a permit to be
obtained before open burning can take place.
The program will be enforced through a coordinated effort between
Maryland Department of the Environment, local agencies and public
officials. There will also be a coordinated public awareness effort to
educate the public about the alternatives to open burning. The ban will
result in emission reductions of 13.28 tons per day (tpd) VOC. The ban
will also result in significant emission reductions of carbon monoxide
(CO), oxides of nitrogen (NOx), and toxics (carcinogenic
polycyclic materials).
In addition, Maryland has made the following administrative
amendments to COMAR 26.11.07.
(1) All references to Ringlemann Smoke Chart have been replaced by
references to opacity throughout this regulation.
(2) All references to ``Areas I-VI'' have been replaced by county
names throughout this regulation.
(3) All references to ``I.I.A waste type 0 and 1'' have been placed
with references to all ``ordinary household trash'' throughout this
regulation.
EPA Evaluation: Open Fires, COMAR 26.11.07
These revisions, which prohibit all but certain specific open
burning activities in Maryland's serious and severe ozone nonattainment
areas in the peak ozone season (June, July & August), will result in
significant enforceable VOC emission reductions. These reductions are
needed for Maryland's 15% plans.
State Submittal: Once-in, Always in, COMAR 26.11.19.02A(3)-(5)
These SIP revisions add a once-in, always-in provision for VOC
regulations triggered by applicability thresholds based on a source's
actual emissions (as opposed to potential emissions). These revisions
were adopted on April 7, 1995, and effective on May 8, 1995, and are
applicable statewide.
The once-in, always-in provision that is currently in Maryland's
SIP states that if a source is subject to the requirements of COMAR
26.11.19 (Maryland's category specific VOC regulations) because its
potential emissions exceed an applicability threshold, the source will
continue to be subject to the requirements, regardless of whether
future emissions are below the applicability threshold. Maryland has
expanded this provision to include exceedances of actual emissions
thresholds. Actual emissions since January 1, 1990 will be considered
in determining applicability.
EPA Evaluation: Once-in, Always in, COMAR 26.11.19.02A(3)-(5)
This revision will ensure that any new VOC requirements that have
applicability thresholds based on actual emissions are enforceable for
all sources that have exceeded the applicability threshold from January
1, 1990 into the future.
State Submittal: Definition of ``Annual'', COMAR 26.11.19.01B(1-1)
This SIP revision adds a definition for the term ``annual.'' This
revision was adopted on April 7, 1995, and effective on May 8, 1995,
and is applicable statewide.
Maryland has added a definition for the term ``annual.'' COMAR
26.11.19.01B(1-1) defines the term ``annual'' as meaning a calendar
year, unless otherwise specified.
EPA Evaluation: Definition of the Term ``Annual'', COMAR 26.11.19.01B
Many of Maryland's new VOC control measures, both Reasonably
Available Control Technology (RACT) regulations and other VOC control
measures needed for Maryland's 15% plans and other ROP requirements,
use the term ``annual'' in provisions for determining a facilities
applicability. This revision will clarify any applicability provisions
in COMAR 26.11.19 that use the term annual.
EPA is approving these SIP revisions 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 28, 1997
[[Page 8382]]
unless, by March 27, 1997, adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document 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 28, 1997.
Final Action
EPA is approving amendments to COMAR 26.11.07 as revisions to
Maryland's ozone SIP. These revisions, which institute a ban on open
burning during the peak ozone season in Maryland's severe and serious
ozone nonattainment areas, were submitted by Maryland on July 12, 1995.
EPA is also approving amendments to COMAR 26.11.19.02A(3)-(5) and COMAR
26.11.19.01B(1-1) as revisions to Maryland's ozone SIP. These
revisions, which add a definition for the term ``annual'' and add a
``once-in, always-in'' provision for VOC regulations triggered by
applicability thresholds based on a source's actual emissions, were
submitted by Maryland on July 17, 1995.
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.
Administrative Requirements
A. Executive Order 12866
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.
B. Regulatory Flexibility Act
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 Regional
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).
C. Unfunded Mandates
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 rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
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.
EPA has determined that the approval action 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
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to revisions to COMAR
26.11.07, COMAR 26.11.19.02A(3)-(5), and COMAR 26.11.19.01B(1-1) of
Maryland's ozone SIP, must be filed in the United States Court of
Appeals for the appropriate circuit by April 28, 1997. Filing a
petition for reconsideration by the Regional 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 31, 1997.
W. Michael McCabe,
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) (120) and
(121) to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(120) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
[[Page 8383]]
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following amendments to COMAR 26.11.07, pertaining to open
fires, adopted by the Secretary of the Environment on May 1, 1995,
effective May 22, 1995:
(1) the deletion of sections 26.11.07.01 A and B, definitions for
the terms ``hazardous material'' and ``I.I.A. standards.''
(2) addition of new section 26.11.07.01B, ``Terms Defined.''
(3) addition of new sections 26.11.07.01B(1) and (2), definitions
of the terms ``excessive lodging'' and ``forest resource management
practices.''
(4) renumbering of old sections 26.11.07.01C & D, now new sections
26.11.07.01B(3) & (4).
(5) amendments to section 26.11.07.02, pertaining to general
provisions.
(6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to
open fires authorized by control officers.
(7) addition of new section 26.11.07.03C, ``Prohibition on Open
Burning.''
(8) amendments to section 26.11.07.04, pertaining to open fires
authorized by public officers, including the addition of new sections
(4)--(7).
(9) amendments to section 26.11.07.05, pertaining to open fires
allowed without authorization.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07.
(121) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) Amendments to COMAR 26.11.19.02A, pertaining to once-in,
always-in applicability provisions, consisting of revisions to COMAR
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and
(5), adopted by the Secretary of the Environment on April 7, 1995, and
effective on May 8, 1995.
(C) Amendments to COMAR 26.11.19.01B, consisting of the addition of
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,''
adopted by the Secretary of the Environment on April 7, 1995, effective
on May 8, 1995.
(ii) Additional material.
(A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
[FR Doc. 97-4524 Filed 2-24-97; 8:45 am]
BILLING CODE 6560-50-P
