[Federal Register Volume 63, Number 172 (Friday, September 4, 1998)]
[Rules and Regulations]
[Pages 47174-47179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23504]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD003-3024a, MD025-3024a, MD066-3024a; FRL-6148-9]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Conditional Limited Approval of Major VOC Source RACT and
Minor VOC Source Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is conditionally and limitedly approving State
Implementation Plan (SIP) revisions submitted by the State of Maryland.
These revisions pertain to Maryland's major source volatile organic
compound (VOC) reasonably available control technology (RACT)
regulation and minor VOC source requirements. The RACT regulation
applies to major VOC sources that are not covered by Maryland's
category specific VOC RACT regulations. The minor source requirements
apply to smaller VOC
[[Page 47175]]
sources that are not covered by RACT regulations.
DATES: This direct final rule is effective on November 3, 1998 without
further notice, unless EPA receives adverse comment by October 5, 1998.
If adverse comment is received, EPA 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: Comments may be mailed to David L. Arnold, Chief, Ozone and
Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
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 and the Maryland Department of
the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, at the
EPA Region III address above, or via e-mail at pino.maria@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:
Background--State Submittals
On April 5, 1991, the State of Maryland formally submitted
amendments to its air quality regulations to EPA as a SIP revision.
Among the amendments submitted were revisions to COMAR 26.11.06.06,
Maryland's minor VOC source requirements. Also included in Maryland's
April 5, 1991 SIP revision request was the addition of COMAR
26.11.19.02G, which requires RACT for major sources of VOC that are not
covered by Maryland's category specific VOC RACT regulations.
Throughout the remainder of this notice, COMAR 26.11.19.02G shall be
termed Maryland's generic major source VOC RACT regulation. All other
amendments submitted to EPA in Maryland's April 5, 1991 SIP revision
request have been approved into Maryland's SIP through separate
rulemaking actions. (See 58 FR 63085, 59 FR 60908 and 60 FR 2018.) This
rulemaking action only pertains to the portion of Maryland's April 5,
1991 submittal related to the addition of COMAR 26.11.19.02G,
Maryland's generic major VOC source RACT regulation, and revisions to
COMAR 26.11.06.06, Maryland's minor VOC source requirements.
On June 8, 1993, the State of Maryland again submitted amendments
to its air quality regulations to EPA as a SIP revision. The June 8,
1993 submittal establishes statewide applicability for Maryland's
generic major source VOC RACT regulation and category specific VOC RACT
regulations, lowers the applicability threshold for VOC RACT
regulations, expands the geographic applicability of Maryland's minor
VOC source requirements, and corrects deficiencies in Maryland's Stage
I Vapor Recovery regulation. This rulemaking action pertains only to
the amendments contained in Maryland's June 8, 1993 submittal related
to its generic major VOC source RACT regulation and its minor VOC
source regulations, COMAR 26.11.19.02G and COMAR 26.11.06.06,
respectively. All other regulations contained in the June 8, 1993
submittal were the subject of a separate rulemaking action. (See 60 FR
2018.)
On July 12, 1995, the Maryland Department of the Environment
submitted additional amendments to its air quality regulations to EPA
as a SIP revision. The July 12, 1995 submittal contained amendments to
the definition of the term ``major stationary source of VOC'' and
Maryland's generic major source VOC RACT regulation, COMAR
26.11.19.01B(4) and 26.11.19.02G, respectively. The revisions lowered
the major source threshold for the Maryland portion of the Washington,
DC ozone nonattainment area, Calvert, Charles, Frederick, Montgomery,
and Prince George's Counties, and required RACT on these newly defined
major sources.
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 October 11, 1990 in Annapolis, Maryland, on November 17,
18, and 20, 1992 in Frederick, Centreville, and Columbia, Maryland
respectively, and on December 15, 1994 in Baltimore, Maryland.
EPA Rulemaking History
On March 1, 1996, EPA proposed conditional approval of Maryland's
April 5, 1991 and June 8, 1993 revision submittals pertaining to COMAR
26.11.19.02G and COMAR 26.11.06.06 (61 FR 8009). Approval was
conditioned on the State of Maryland certifying that it has determined
and imposed RACT for all the major VOC sources covered by the VOC RACT
regulation and submitted those enforceable RACT determinations to EPA
as SIP revisions. That certification was to be made by the Maryland
Department of the Environment by no later that one year from the date
EPA promulgated final conditional approval of the SIP revision. If the
State failed to do so, that final conditional approval would have
converted to a disapproval. Because proposed conditional approval does
not comply with EPA's generic RACT policy, described below, EPA must
withdraw its March 1, 1996 proposed conditional approval. No public
comments were received on this proposal. Therefore, in the proposed
rules section of this Federal Register publication, EPA is publishing a
separate document that will withdraw its March 1, 1996 proposed
conditional approval.
EPA's Generic RACT Policy
On November 7, 1996, Ms. Sally L. Shaver, Director of EPA's Air
Quality Strategies & Standards Division signed a memorandum entitled,
``Approval Options for Generic RACT Rules Submitted to meet the non-CTG
VOC RACT Requirement and Certain NOx RACT Requirements.'' This policy
memorandum sets out the different options available to EPA for
rulemaking on generic RACT SIPs, and circumstances under which each
rulemaking option would be appropriate. According to this policy, full
approval cannot be granted until the State has submitted and EPA has
approved RACT rules for sources covering all but a de minimis level of
emissions. When this is not the case, EPA's generic RACT policy
provides that EPA should propose limited approval of the generic RACT
rule because it strengthens the SIP and at the same time EPA should
propose conditional approval based upon the State's commitment to (1)
submit for approval into the SIP, the case-by-case RACT proposals for
all sources subject to the RACT requirements, and (2) certify that it
has submitted case-by-case RACT proposals for all sources subject to
the RACT requirements currently known to the State or demonstrate that
the emissions from any remaining subject sources represent a de minimis
level of emissions. The rationale for the conditional limited approval
is described in detail below.
EPA's Analysis of the SIP Revisions
Clean Air Act Requirements: To comply with the RACT provisions of
the Act, Maryland was required to expand its RACT regulations to apply
statewide. It had to adopt all RACT regulations for all VOC sources for
which EPA has published a Control Techniques Guideline (CTG) and all
major non-CTG
[[Page 47176]]
VOC sources (so-called generic VOC sources) with the potential to emit
25 tons per year (TPY) in Cecil County and the Baltimore
nonattainment area and 50 TPY in the remainder of the
State. These major non-CTG sources are subject to Maryland's generic
major source VOC RACT regulation.
State Submittals: Maryland's generic major source VOC RACT
regulation, COMAR 26.11.19.02G, was originally submitted to EPA on
April 5, 1991 to comply with the RACT Fix-up requirements of section
182(a)(2) of the Act. COMAR 26.11.19.02G required RACT for sources in
the Baltimore and the Maryland portion of pre-enactment Washington DC
nonattainment areas with the potential to emit 100 TPY of
VOC and which were not subject to COMAR 26.11.11, 26.11.13, or
26.11.19.03--.15, Maryland's category-specific VOC RACT regulations.
In its June 1993 submittal, Maryland revised its generic major
source VOC RACT regulation to comply with the RACT Catch-up provisions
of section 182(b)(2) of the Act. The regulation was revised to make it
applicable statewide and to apply to ``major stationary sources of
VOC'' rather than to VOC sources that have the potential to emit
100 TPY. The term ``major stationary source of VOC,'' COMAR
26.11.19.01B(4), is defined as any stationary source with the potential
to emit: (a) 25 TPY of VOC or more in the City of Baltimore and Anne
Arundel, Baltimore, Carroll, Cecil, Harford, and Howard Counties, and
(b) 50 TPY in the remainder of the State. Approval of the addition of
this term to Maryland's SIP was the subject of a separate rulemaking
action. (See 60 FR 2018.)
Furthermore, Maryland revised COMAR 26.11.19.02G to require non-CTG
generic VOC sources to notify Maryland by August 15, 1993 if they are
major sources subject to RACT. Under Maryland's regulation, these
sources were required to submit a written RACT proposal and schedule
for compliance by November 15, 1993. These sources must comply with
RACT, as determined by Maryland, by no later than May 15, 1995. Upon
Maryland's approval of a RACT proposal, the regulation requires the
State to either amend the source's permit to operate to incorporate the
RACT conditions, adopt a regulation that reflects the RACT requirement,
or issue an order that includes the RACT requirement. Finally, COMAR
26.11.19.02G states that Maryland will submit all RACT determinations
to EPA for approval via the federal rulemaking process for
incorporation into the SIP.
With Maryland's July 1995 submittal, the major sources threshold
for the Maryland portion of the Washington, DC ozone nonattainment area
was lowered to 25 TPY of VOC. The term ``major stationary source of
VOC,'' COMAR 26.11.19.01B(4), was revised 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, Montgomery, and Prince George's
Counties, and (b) 50 TPY in the remainder of the State.
In addition, Maryland revised COMAR 26.11.19.02G to require non-CTG
generic VOC sources with potential emissions between 25 and 50 TPY in
Calvert, Charles, Frederick, Montgomery, and Prince George's Counties
to notify Maryland by January 20, 1995 if they are major sources
subject to RACT. Under Maryland's regulation, these sources were
required to submit a written RACT proposal and schedule for compliance
by March 20, 1995. These sources were required to comply with RACT, as
determined by Maryland, by no later than May 15, 1995.
On May 13, 1998 (63 FR 26462), EPA approved Maryland's July 12,
1995 revision to the definition of the term ``major stationary source
of VOC,'' COMAR 26.11.19.01B(4), in a direct final rulemaking. This
approval was effective on July 13, 1998.
Maryland's minor VOC source regulation, COMAR 26.11.06.06, was also
submitted as part of Maryland's RACT Fix-ups. (See 58 FR 50307.) This
regulation was applicable in the Baltimore and the Maryland portion of
the pre-enactment Washington DC nonattainment areas. This regulation
exempted sources which were subject to other VOC regulations, including
RACT as established by Maryland pursuant to COMAR 26.11.19.02G.
Maryland amended COMAR 26.11.06.06A (Applicability) to expand the
applicability of COMAR 26.11.06.06C-E (VOC-Water Separators, VOC
Disposal, and Exceptions) statewide. Additionally, Maryland's minor
source regulation, COMAR 26.11.06.06B (Control of VOC from
Installations), was revised to add new requirements for sources located
in Cecil County and the counties which were added to the Maryland
portion of the Washington, DC nonattainment area, namely Calvert,
Charles, and Frederick Counties. Sources in these newly regulated
areas, Calvert, Cecil, Charles, and Frederick Counties, are required to
reduce their VOC emissions by 85 percent overall. Finally, COMAR
26.11.06.06A was revised to exempt sources ``subject to the provisions
of'' Maryland's generic major source VOC RACT regulation, COMAR
26.11.19.02G, from the requirements of COMAR 26.11.06.06. Thus, sources
subject to COMAR 26.11.19.02G, which have not yet had a RACT
determination approved by Maryland, are not subject to any VOC emission
standard.
EPA's Evaluation: Through revisions made to Maryland's minor source
VOC regulation, COMAR 26.11.06.06, its geographic applicability was
expanded, resulting in the regulation of sources which were previously
not regulated. However, other specific amendments to COMAR 26.11.06.06,
found at 26.11.06.06A, narrowed the applicability of COMAR 26.11.06.06B
such that certain sources in Maryland's pre-enactment nonattainment
areas that were previously subject to COMAR 26.11.06.06B are no longer
covered by any enforceable emissions limit until such time as Maryland
approves RACT standards for them pursuant to the requirements its
generic major VOC RACT regulation, COMAR 26.11.19.02G. This results in
a lapse of coverage for previously regulated non-CTG generic sources
major VOC sources in the State of Maryland.
Maryland's generic major source VOC RACT regulation, COMAR
26.11.19.02G, requires all case-by-case, category-specific or source-
specific RACT requirements to be submitted as SIP revisions to EPA. It
does not, itself, contain enforceable RACT standards for these major
non-CTG VOC sources. Because COMAR 26.11.19.02G does not, in and of
itself, fully satisfy the Act's requirements requiring for RACT on all
major VOC sources, it is not unconditionally approvable. The Act's
major source RACT requirements will be fully satisfied only when EPA
approves, as SIP revisions, actual RACT standards for all subject
sources in Maryland.
EPA's Rulemaking Determination
EPA has evaluated Maryland's generic major source VOC RACT
regulation and its minor VOC source regulations for consistency with
the Act and EPA regulations, and has found that they do not fully
comply with the Act's major source RACT requirements. Therefore, EPA is
conditionally approving the SIP revisions based upon Maryland meeting
its commitment to submit case-by-case RACT SIP revisions to EPA, no
later than twelve months from the effective date of EPA's final
conditional approval of the Maryland generic major VOC source RACT
regulation and its minor VOC source regulations, for all sources it has
identified as being subject to the major source RACT requirements.
[[Page 47177]]
Maryland submitted its commitment in a letter to EPA dated February 7,
1996. Once the State has satisfied this condition, EPA shall remove the
conditional status of its approval and the Maryland generic major VOC
source RACT regulation and its minor VOC source regulations SIP
revision will, for the time being, retain its limited approval status.
EPA is limitedly approving the Maryland generic major VOC source RACT
regulation and its minor VOC source regulations SIP revision on the
basis that its approval will strengthen the SIP. The limited approval
shall be converted to full approval once EPA has approved each of
Maryland's case-by-case RACT proposals as SIP revisions. This
conditional limited approval action is action that is being taken under
section 110 of the Clean Air Act.
Terms of and Rationale for Conditional Approval
EPA's rulemaking includes conditional approval of Maryland's VOC
regulations SIP revision, based upon the State's commitment to submit
for approval into the SIP, the case-by-case RACT proposals for all
sources subject to the RACT requirements currently known to MDE. The
State submitted this commitment in a letter to EPA dated February 7,
1996. The case-by-case RACT proposals must be submitted by a date
certain that is no later than 12 months after the effective date of
EPA's final conditional approval.
Therefore, to fulfill the condition of this approval the State
must, by no later than 12 months after the effective date of EPA's
final conditional approval of the generic major source VOC RACT
regulation and its minor VOC source regulations: (1) Certify that it
has submitted case-by-case RACT proposals for all sources subject to
the RACT requirements currently known to MDE; or (2) demonstrate that
the emissions from any remaining subject sources represent a de minimis
level of emissions, as defined below. Once EPA has determined that the
State has satisfied this condition, EPA shall remove the conditional
nature of its approval and the Maryland VOC regulations SIP revision
will, at that time, retain limited approval status. Should the State
fail to meet the condition specified above, the final conditional
limited approval of the Maryland VOC RACT regulation SIP revision shall
convert to a disapproval.
Even after the conditional status of EPA's approval of the Maryland
RACT regulation is removed, MDE must still continue to submit, and have
EPA approve into the Maryland SIP, RACT requirements for the remaining
de minimis amount of emissions. Therefore, removal of the conditional
status to limited approval status in no way changes MDE's statutory
obligation to implement RACT for all major sources.
Definition of De Minimis
For states with a generic major source VOC RACT regulation intended
to regulate all non-CTG VOC sources, de minimis is determined by
comparing the total 1990 emissions of all non-CTG VOC major sources in
the State, where a CTG had not been issued at the time of the state
submittal of the generic VOC RACT regulation with the total emissions
of those non-CTG VOC sources subject to the generic RACT where these
source-specific RACTs have not yet been approved by EPA. For example,
while not applicable to the Maryland generic RACT submittal, since EPA
has issued CTGs for shipbuilding and repair and wood furniture coatings
in August 1996 and May 1996, respectively, EPA's de minimis procedure
for a state submittal subsequent to August 1996 would require that all
RACTs for those CTG category sources and for shipbuilding and repair
and wood furniture coating be approved and that the de minimis
procedure as described in this notice apply only to those VOC emissions
from sources that are neither CTG sources or shipbuilding or wood
furniture sources. The VOC emissions from these remaining major sources
are still subject to the RACT requirement, but EPA can lift the
conditional status of its approval of the state generic RACT rule prior
to SIP approval for those sources that represent a de minimis amount of
VOC emissions.
In Maryland's case, the generic major VOC source RACT regulation
was originally submitted in April 1991. At that time, the regulation
was applicable in the Baltimore and the Maryland portion of the pre-
enactment Washington, DC, nonattainment areas. In June 1993, Maryland
submitted revisions to the generic major VOC source RACT regulation to
make it applicable statewide. No post-1990 CTGs were issued prior to
June 1993. Therefore, the VOC emissions from all non-CTG source
category are included in the pool of total VOC emissions used to
determine whether the amount of emissions remaining is de minimis.
Rationale for Limited Approval
The current Maryland SIP does not contain a general requirement
that all major sources must implement RACT, nor does it have a
provision requiring sources in Calvert, Cecil, Charles, and Frederick
Counties to reduce their VOC emissions by 85 percent overall. While EPA
does not believe that the Maryland generic major source VOC RACT
regulation and minor VOC source requirements satisfy the Act's RACT
requirements as discussed previously in this notice, EPA is also
granting limited approval of these VOC regulations on the basis that
they strengthen the Maryland SIP. Once EPA has approved all of the
case-by-case RACT proposals as SIP revisions, the limited approval will
convert to full approval.
EPA's review of this material indicates that conditional limited
approval is warranted. Further discussion and details of this
rulemaking action can be found in the accompanying technical support
document (TSD) prepared by EPA in support of this rulemaking. Copies of
the TSD may be obtained, upon request, from the EPA Regional office
listed in the ADDRESSES section of this notice. 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 November 3, 1998 without
further notice unless the Agency receives adverse comments by October
5, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
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 November 3, 1998 and no further action will be
taken on the proposed rule.
Final Action
EPA is conditionally and limitedly approving the Maryland major
source VOC RACT regulation and minor source VOC regulations, COMAR
26.11.19.02G and COMAR 26.11.06.06 respectively. EPA is conditionally
and limitedly approving these SIP revisions based upon the commitment
made by Maryland to submit all the case-by-case RACT proposals for
sources it is currently aware of as being subject to
[[Page 47178]]
the major source RACT regulations. On February 7, 1996, Maryland
submitted a letter to EPA committing to: (1) complete submission of the
SIP revisions required by COMAR 26.11.19.02G containing RACT
determinations for the major VOC sources in the State that are subject
to the RACT rule, and (2) provide a written statement to EPA that, to
the best of its knowledge, it has completed submission of the SIP
revisions described above within one year of the effective date of the
final conditional limited approval of the Maryland generic major source
VOC RACT regulation.
Note that through its July 1995 SIP revision, Maryland lowered the
major source threshold for the Maryland portion of the Washington, DC
ozone nonattainment area to 25 TPY from the Clean Air Act required
threshold of 50 TPY. Thus, more sources are considered major in this
nonattainment area than required under the Act. In serious ozone
nonattainment areas such as the Washington, DC area, section 182 of the
Act requires RACT on sources with the potential to emit 50 TPY or more.
Therefore, when determining whether Maryland has met the conditions of
this rule, only sources with the potential to emit 50 TPY or more in
the Washington, DC area will be considered. However, in order for
Maryland to take credit for emission reductions from RACT on any 25-50
TPY sources in the Washington, DC area to meet other requirements of
the Act, RACT regulations for these sources must be submitted to EPA as
SIP revisions and approved into Maryland's 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 Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review. The final rule is not subject
to E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks,'' because it is not an ``economically
significant'' action under E.O. 12866.
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 and conditional approvals of SIP submittals under
section 110 and subchapter I, part D of the CAA 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, I certify 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).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new federal requirement.
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, EPA's conditional limited approval of
revisions to the Maryland State Implementation Plan pertaining to
Maryland's major VOC source RACT and minor VOC source requirements,
COMAR 26.11.19.02G and COMAR 26.11.06.06, must be filed in the United
States Court of Appeals for the appropriate circuit by November 3,
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).)
[[Page 47179]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone.
Dated: August 12, 1998.
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 et seq.
Subpart V--Maryland
2. Section 52.1070 is amended by adding paragraphs (c) (133),
(134), and (135) to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(133) Limited approval of revisions to the Maryland State
Implementation Plan submitted on April 5, 1991 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions 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) Addition of COMAR 26.11.19.02G, Control of Major Sources of
Volatile Organic Compounds, pertaining to major VOC source RACT
requirements, adopted by the Secretary of the Environment on March 9,
1991 and effective on May 8, 1991.
(ii) Additional Material.
(A) Remainder of the April 5, 1991 Maryland State submittal
pertaining to COMAR 26.11.19.02G.
(134) Limited approval of revisions to the Maryland State
Implementation Plan submitted on June 8, 1993 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 8, 1993 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 26.11.06.06, Volatile Organic Compounds,
pertaining to minor source VOC requirements, adopted by the Secretary
of the Environment on March 26, 1993, and effective on April 26, 1993.
(1) Amendments to COMAR 26.11.06.06A, Applicability.
(2) Amendments to COMAR 26.11.06.06B, Control of VOC from
Installations.
(C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, adopted by the Secretary of the Environment on March
26, 1993, and effective on April 26, 1993.
(ii) Additional Material.
(A) Remainder of the June 8, 1993 Maryland State submittal
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR
26.11.19.02G.
(135) Limited approval of 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 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, 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 26.11.19.02G.
3. Section 52.1073 is amended by adding paragraph (e) to read as
follows:
Sec. 52.1073 Approval status.
* * * * *
(e) Conditional limited approval of revisions to the Maryland State
Implementation Plan, pertaining to Maryland's major VOC source RACT and
minor VOC source requirements, COMAR 26.11.19.02G and COMAR
26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12,
1995 by the Maryland Department of the Environment.
4. Section 52.1072 is amended by adding paragraph (d) to read as
follows:
Sec. 52.1072 Conditional approval.
* * * * *
(d) Revisions to the Maryland State Implementation Plan pertaining
to Maryland's major VOC source RACT and minor VOC source requirements,
COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991,
June 8, 1993, and July 12, 1995 by the Maryland Department of the
Environment are conditionally approved. Maryland must meet the
following conditions by no later than 12 months after the publication
of the final conditional rulemaking. These conditions are: Maryland
certify that it has submitted case-by-case RACT proposals for all
sources subject to the RACT requirements; or demonstrate that the
emissions from any remaining subject sources represent a de minimis
level of emissions, as defined in the final rulemaking notice.
(i) Additional Material.
(A) Letter of February 7, 1996 from the Maryland Department of the
Environment agreeing to meet certain conditions by no later than 12
months after the publication of the final conditional rulemaking. These
conditions are: Maryland submit case-by-case RACT proposals for all
sources subject to the RACT requirements; Maryland certify that, to the
best of its knowledge, there are no other sources subject to the RACT
requirements.
[FR Doc. 98-23504 Filed 9-3-98; 8:45 am]
BILLING CODE 6560-50-P
