[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Pages 26462-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12719]
[[Page 26462]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD067-3025a; FRL-6012-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Definition of the Term ``Major Stationary Source of VOC''
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. This revision pertains to
amendments to Maryland's definition of the term major stationary source
of volatile organic compounds (VOC). This action is being taken in
accordance with the SIP submittal and revision provisions of the Act.
DATES: This final rule is effective July 13, 1998 unless on or before
June 12, 1998, adverse or critical comments are received. If adverse
comments are received EPA will publish a timely withdrawal in the
Federal Register and inform the public that the rule did not take
effect.
ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and
Mobile Sources Section, Mailcode 3AP21, 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
Protection 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
EPA Region III address above, or via e-mail at
pino.maria@epamail.epa.gov. While information may be requested via e-
mail, any comments must be submitted in writing to the EPA Region III
address above.
SUPPLEMENTARY INFORMATION:
Description of the State's Submittal
On July 12, 1995, the Maryland Department of the Environment
submitted amendments to its air quality regulations to EPA as a SIP
revision. The July 12, 1995 submittal contains amendments to the
definition of the term ``major stationary source of VOC'' and
Maryland's major source VOC reasonably available control technology
(RACT) regulation, COMAR 26.11.19.01B(4) and 26.11.19.02G,
respectively. Maryland revised its definition by lowering the major
source size ``threshold'' in the Maryland portion of the Washington, DC
ozone nonattainment area, Calvert, Charles, Frederick, Montgomery, and
Prince George's Counties, and by requiring RACT on these newly defined
major sources. This action pertains only to Maryland's revisions to
COMAR 26.11.19.01B(4), the definition of the term ``major stationary
source of VOC.'' Revisions to Maryland's major source VOC RACT
regulation are the subject of a separate rulemaking action.
Maryland's July 1995 submittal lowers the major source size
``threshold'' in the Maryland portion of the Washington, DC ozone
nonattainment area from 50 to 25 tons per year (TPY) of VOC as is
already required in the Baltimore ozone nonattainment area. The term
``major stationary source of VOC,'' COMAR 26.11.19.01B(4), has been
amended, therefore, to mean any stationary source with the potential to
emit: (a) 25 TPY of VOC or more in the City of Baltimore and Anne
Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick,
Harford, Howard, Montogomery, and Prince George's Counties, and (b) 50
TPY in the remainder of the State.
As required by 40 CFR 51.102, the State of Maryland has certified
that public hearings with regard to these proposed revisions were held
in Maryland on December 15, 1994 in Baltimore, Maryland.
EPA's Evaluation
Maryland's July 12, 1995 SIP revision submittal contains revisions
to lower the major source size ``threshold'' for the Maryland portion
of the Washington, DC serious ozone nonattainment area, Calvert,
Charles, Frederick, Montgomery, and Prince George's Counties, and
required RACT on these newly defined major sources. These revisions are
needed as part of Maryland's plan to meet the Clean Air Act's rate-of-
progress (ROP) requirements in the Maryland portion of the Washington,
DC ozone nonattainment area. Under the Clean Air Act's ROP provisions,
in section 182, any ozone nonattainment area classified as serious or
worse is required to reduce emissions of VOCs by three percent per year
from 1990 until the area's attainment date for the 1-hour National
Ambient Air Quality Standard (NAAQS) for ozone. One of the control
measures Maryland is using to reduce VOC emissions in the Washington,
DC nonattainment area is RACT on VOC sources with the potential to emit
between 25 and 50 TPY.
This revision strengthens the Maryland SIP and will result in VOC
emission reductions. EPA is, therefore, approving this revision to the
Maryland SIP.
EPA is approving this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse or critical comments be filed. This rule will be effective July
13, 1998 without further notice unless the Agency receives relevant
adverse comments by June 12, 1998.
If EPA receives such comments, then EPA will publish a timely
withdrawal of the final rule and inform the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on the proposed rule. Only 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 rule
will be effective on July 13, 1998 and no further action will be taken
on the proposed rule.
Final Action
EPA is approving Maryland's July 12, 1995 revisions to the
definition of the term ``major stationary source of VOC,'' COMAR
26.11.19.01B(4), and incorporating those revisions into the Maryland
SIP.
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
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
[[Page 26463]]
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).
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
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).
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 Maryland's
definition of the term ``major stationary source of VOC,'' must be
filed in the United States Court of Appeals for the appropriate circuit
by July 13, 1998. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone.
Dated: April 24, 1998.
Thomas Voltaggio,
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 et seq.
Subpart V--Maryland
2. Section 52.1070 is amended by adding paragraphs (c)(128) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(128) Revisions to the Maryland State Implementation Plan submitted
on July 12, 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 and deletions 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) Revisions to COMAR 26.11.19.01B(4), definition of the term
``Major stationary source of VOC,'' adopted by the Secretary of the
Environment on April 13, 1995, and effective on May 8, 1995.
(ii) Additional material.
(A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major
stationary source of VOC.''
[FR Doc. 98-12719 Filed 5-12-98; 8:45 am]
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