95-286. Approval and Promulgation of Air Quality Implementation Plans; Maryland; VOC RACT Catch-ups and Stage I Vapor Recovery  

  • [Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
    [Rules and Regulations]
    [Pages 2018-2022]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-286]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [MD3-2-5624a, MD10-2-6169a, MD24-2-5968a, MD25-1-6146a, MD28-1-6147a; 
    FRL-5123-3]
    
    
    Approval and Promulgation of Air Quality Implementation Plans; 
    Maryland; VOC RACT Catch-ups and Stage I Vapor Recovery
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
    submitted by the State of Maryland. These revisions establish statewide 
    applicability for Maryland's category-specific volatile organic 
    compound (VOC) reasonably available control technology (RACT) 
    regulations, lower the applicability threshold for VOC RACT 
    regulations, and correct deficiencies in Maryland's Stage I Vapor 
    Recovery rule. These revisions were submitted to comply with the RACT 
    ``Catch-up'' and ``Fix-up'' provisions of the Clean Air Act (the Act). 
    The intended effect of this action is to approve revisions to 
    Maryland's category-specific VOC RACT regulations, including Stage I. 
    This action is being taken in accordance with the SIP submittal and 
    revision provisions of the Act.
    
    DATES: This final rule is effective on March 7, 1995 unless notice is 
    received on or before February 6, 1995 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 Thomas J. Maslany, Director, Air, 
    Radiation, and Toxics Division, 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 the Maryland 
    Department of the Environment, 2500 Broening Highway, Baltimore, 
    Maryland 21224.
    
    FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 597-9337.
    
    SUPPLEMENTARY INFORMATION: On June 8, 1993 and July 19, 1993, the State 
    of Maryland submitted revisions to its ozone SIP to establish statewide 
    applicability for Maryland's VOC RACT regulations, lower the 
    applicability threshold for VOC RACT regulations, and correct 
    deficiencies in Maryland's Stage I Vapor Recovery (Stage I) regulation. 
    These revisions were submitted to comply with the RACT ``Catch-up'' and 
    ``Fix-up'' provisions of the Act. Previously, on April 5, 1991, April 
    2, 1992, and January 18, 1993, Maryland submitted SIP revisions to 
    comply with the RACT Fix-up requirements. These submittals also contain 
    revisions to Maryland's Stage I regulation.
        This rulemaking action addresses revisions to Maryland's Stage I 
    regulation (COMAR 26.11.13.04) submitted by Maryland on April 5, 1991, 
    April 2, 1992, January 18, 1993, June 8, 1993 and July 19, 1993. This 
    rulemaking action also addresses revisions to Maryland's VOC RACT 
    regulations, COMAR 26.11.11.02, 26.11.11.04, 26.11.13.01, 26.11.13.02, 
    26.11.13.07, 26.11.19.01, 26.11.19.02A, F and H, and 26.11.19.10, 
    submitted on June 8, 1993 and July 19, 1993.
        Maryland's June 8, 1993 and July 19, 1993 submittals also contain 
    revisions to Maryland's generic VOC RACT and minor source regulations, 
    COMAR 26.11.19.02G and 26.11.06.06 A and B, respectively. Revisions to 
    COMAR 26.11.19.02G and 26.11.06.06 A and B are the subject of a 
    separate rulemaking action.
    
    I. Background
    
    RACT Fix-up Requirement
    
        Under the pre-amended Act (i.e the Act prior to the 1990 
    Amendments), ozone nonattainment areas were required to adopt RACT 
    rules for sources of VOC emissions. EPA issued three sets of control 
    technique guideline documents (CTGs), establishing a ``presumptive 
    norm'' for RACT for various categories of VOC sources. The three sets 
    of CTGs were (1) Group I--issued before January 1978 (15 CTGs); (2) 
    Group II--issued in 1978 (9 CTGs); and (3) Group III--issued in the 
    early 1980's (5 CTGs). Those sources not covered by a CTG were called 
    non-CTG sources.
        EPA determined that an area's SIP-approved attainment date 
    established which RACT rules the area needed to adopt and implement. 
    Under pre-amended section 172(a)(1), ozone nonattainment areas were 
    generally required to attain the ozone standard by December 31, 1982. 
    Those areas that submitted an attainment demonstration projecting 
    attainment by that date were required to adopt RACT for sources covered 
    by the Group I and II CTGs. Those areas that sought an extension of the 
    attainment date under section 172(a)(2) to as late as December 31, 1987 
    were required to adopt RACT for all CTG sources and for all major non-
    CTG sources (i.e. sources having potential VOC emissions of 100 tons 
    per year (TPY) or more).
        Under the pre-amended Act, EPA designated the Baltimore, Washington 
    DC, and Philadelphia areas as nonattainment. Under the pre-amended Act, 
    the Baltimore area included the City of Baltimore and Anne Arundel, 
    Baltimore, Carroll, Harford, and Howard Counties. Under the pre-amended 
    Act, the Washington DC area included Montgomery and Prince George's 
    Counties in Maryland, as well as the District of Columbia and a portion 
    of Northern Virginia. Under the pre-amended Act, the Philadelphia 
    nonattainment area did not include any areas in the State of Maryland.
        The Baltimore and Washington DC nonattainment areas each 
    established a pre-enactment (i.e. prior to enactment of the 1990 
    Amendments) attainment date of December 31, 1987 and, therefore, were 
    required to adopt RACT for Group I, II, and III CTG categories as well 
    as non-CTG VOC sources with the potential to emit 100 TPY or more. 
    However, these areas did not attain the ozone standard by the approved 
    attainment date. On May 26, 1988, EPA notified the Governor of Maryland 
    that portions of Maryland's SIP were [[Page 2019]] inadequate to attain 
    and maintain the ozone standard and requested that deficiencies in the 
    existing SIP be corrected (EPA's SIP Call). On November 15, 1990, 
    amendments to the 1977 Clean Air Act were enacted. Pub. L. 101-549, 104 
    Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section 
    182(a)(2)(A) of the Act, Congress statutorily adopted the requirement 
    that pre-enactment ozone nonattainment areas which retained their 
    designation of nonattainment and were classified as marginal or above 
    fix their deficient RACT rules for ozone by May 15, 1991. This is known 
    as the RACT fix-up requirement.
        Under the amended Act, EPA and the States were required to review 
    the designation of areas and to redesignate areas as nonattainment for 
    ozone if the air quality data from 1987, 1988, and 1989 indicated that 
    the area was violating the ozone standard. On November 6, 1991 and 
    November 30, 1992, EPA issued those designations. 56 FR 56694 and 57 FR 
    56762. The Baltimore and Philadelphia nonattainment areas retained 
    their designations of nonattainment and were classified as severe. The 
    Washington DC nonattainment area also retained its designation of 
    nonattainment and was classified as serious. 56 FR 56694 (Nov. 6, 
    1991).
    
    RACT Catch-up Requirement
    
        Section 182(b)(2) of the amended Act requires States to adopt RACT 
    rules for all areas designated nonattainment for ozone and classified 
    as moderate or above. There are three parts to the section 182(b)(2) 
    RACT requirement: (1) RACT for sources covered by an existing CTG (i.e. 
    a CTG issued prior to the enactment of the Amendments); (2) RACT for 
    sources covered by a post-enactment CTG; and (3) all major sources not 
    covered by a CTG. This RACT requirement makes nonattainment areas that 
    previously were exempt from RACT requirements ``catch up'' to those 
    nonattainment areas that became subject to those requirements during an 
    earlier period, and therefore is known as the RACT Catch-up 
    requirement. In addition, it requires newly designated ozone 
    nonattainment areas to adopt RACT rules consistent with those for 
    previously designated nonattainment areas.
        Since the Baltimore and Washington DC nonattainment areas were 
    previously required to adopt RACT for Group I, II, and III CTG sources, 
    to meet the RACT Catch-up requirement, Maryland was not required to 
    submit additional existing CTG RACT rules for those areas. However, the 
    size threshold for defining a major source for severe and serious areas 
    has been lowered under the amended Act to cover sources that have the 
    potential to emit 25 and 50 TPY of VOC or more, respectively. 
    Therefore, Maryland was required to adopt RACT rules for all sources 
    that exceed these cut-offs.
        The pre-enactment Washington DC and Philadelphia nonattainment 
    areas retained their nonattainment designations, and EPA extended the 
    boundaries of these nonattainment areas. The Washington DC 
    nonattainment area was extended to include Calvert, Charles, and 
    Frederick Counties in Maryland. The Philadelphia nonattainment area was 
    expanded to include Cecil County, Maryland. 56 FR 56694 (November 6, 
    1991). Therefore, under the RACT Catch-up provision of section 
    182(b)(2), the State was required, for these portions of the 
    nonattainment areas, to submit RACT rules covering all pre-enactment 
    CTGs, to identify all sources the State anticipates will be covered by 
    a post-enactment CTG and to submit non-CTG rules for all remaining 
    major sources with the potential to emit 50 and 25 TPY VOC or more in 
    the Washington DC and Philadelphia nonattainment areas, respectively.
        As stated above, EPA and the States reviewed the designation of 
    areas and redesignate areas as nonattainment for ozone using air 
    quality data from 1987, 1988, and 1989. EPA issued those designations 
    on November 6, 1991 and November 30, 1992. 56 FR 56694 and 57 FR 56762. 
    The Kent and Queen Anne's Counties area, which was designated 
    unclassifiable/attainment prior to enactment, was redesignated to 
    nonattainment and classified as marginal. The Counties of Allegany, 
    Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
    Washington, Wicomico, and Worcester retained their unclassifiable/
    attainment designations. Under the pre-amended Act, these areas were 
    not required to meet the RACT requirement for nonattainment areas.
        The entire State of Maryland, including Kent, Queen Anne's, 
    Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
    Washington, Wicomico, and Worcester Counties, is located in the ozone 
    transport region (OTR) that was statutorily created by section 184 of 
    the Act. As such, Maryland was required to adopt RACT rules for all CTG 
    and non-CTG sources throughout the State by November 15, 1992. 
    Therefore, under the RACT Catch-up provision of section 182(b)(2), 
    Maryland was required to submit RACT rules for Kent, Queen Anne's, 
    Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, 
    Washington, Wicomico, and Worcester Counties covering all pre-enactment 
    CTGs, to identify all sources the State anticipates will be covered by 
    a post-enactment CTG and to submit non-CTG rules for all remaining 
    major sources having the potential to emit 50 TPY of VOC or more.
        In summary, to fully comply with the RACT Catch-up provisions of 
    the Act, Maryland is required to expand its RACT regulations to 
    statewide. It must adopt all RACT regulations for all CTG sources and 
    all major non-CTG VOC sources (VOC sources with the potential to emit 
     25 TPY in Cecil County and the Baltimore nonattainment area 
    and  50 TPY in the remainder of the State) throughout the 
    State. Sources must comply with these provisions as expeditiously as 
    possible, but no later than May 15, 1993.
    
    State Submittals
    
        On April 5, 1991, September 20, 1991, April 2, 1992, January 18, 
    1993, June 8, 1993 and July 19, 1993, Maryland submitted SIP revisions 
    to address the RACT fix-up requirement. Portions of Maryland's June 8, 
    1993 and July 19, 1993 submittals also address the RACT Catch-up 
    requirement.
        EPA proposed approval of portions of Maryland's April 5, 1991 
    submittal on September 27, 1993 (58 FR 50307). EPA proposed approval of 
    portions of Maryland's September 20, 1991, April 2, 1992 and January 
    18, 1993 submittals on and September 30, 1993 (58 FR 51028). Final 
    action on this proposal was taken on September 7, 1994 (59 FR 46180). 
    EPA proposed approval of one regulation contained in these submittals, 
    Standards for Adhesive Application, on February 16, 1993 (58 FR 8565). 
    Final action on this regulation was taken on November 30, 1993 (58 FR 
    63085).
        The portions of Maryland's April 5, 1991, April 2, 1992, January 
    18, 1993 June 8, 1993, and July 19, 1993 submittals pertaining to 
    Maryland's Stage I (COMAR 26.11.13.04) regulation are addressed in this 
    rulemaking action. Maryland's September 20, 1991 submittal did not 
    include any revisions to Stage I. This rulemaking action also addresses 
    revisions to Maryland's VOC RACT regulations, COMAR 26.11.11.02, 
    26.11.11.04, 26.11.13.01, 26.11.13.02, 26.11.13.07, 26.11.19.01, 
    26.11.19.02A, F and H, and 26.11.19.10, submitted on June 8, 1993 and 
    July 19, 1993.
        Maryland's April 5, 1991, June 8, 1993 and July 19, 1993 submittals 
    also contain revisions to Maryland's generic VOC RACT and minor source 
    [[Page 2020]] regulations, COMAR 26.11.19.02G and 26.11.06.06A and B, 
    respectively. Revisions to COMAR 26.11.19.02G and 26.11.06.06A and B 
    are the subject of a separate rulemaking action.
    
    II. EPA Evaluation and Action
    
        VOCs contribute to the production of ground level ozone and smog. 
    These rules were adopted as part of an effort to achieve the National 
    Ambient Air Quality Standard (NAAQS) for ozone. The following is EPA's 
    evaluation and action for the State of Maryland. Detailed descriptions 
    of the amendments addressed in this document, and EPA's evaluation of 
    the amendments, are contained in the technical support document (TSD) 
    prepared for these revisions. Copies of the TSD are available from the 
    EPA Regional office listed in the ADDRESSES section of this document.
    
    RACT Catch-up Requirements
    
        Because Maryland is in the OTR, the entire State is subject to the 
    RACT Catch-up provisions of section 182(b)(2) of the Act. Therefore, 
    Maryland is required to (1) adopt statewide RACT rules covering all 
    pre-enactment CTGs, (2) identify all sources the State anticipates will 
    be covered by a post-enactment CTG and (3) submit non-CTG rules for all 
    remaining major sources. The Baltimore and Philadelphia nonattainment 
    areas are classified as severe. Therefore a major source in these areas 
    is a source having the potential to emit 25 TPY of VOC or more. In the 
    remainder of the State, a major source is defined as a source having 
    the potential to emit 50 TPY of VOC or more.
    
    State Submittal
    
        Maryland had previously adopted all applicable Group I, II, and III 
    CTGs. On February 22, 1993, Maryland submitted a negative declaration 
    letter to EPA indicating that Maryland has no sources covered by the 
    CTGs which Maryland has not adopted. Through the following revisions, 
    Maryland has expanded the applicability of its CTG regulations to 
    statewide and lowered the major source threshold for non-CTG RACT.
        (1) Maryland revised the applicability of its VOC stationary source 
    regulations, COMAR 26.11.11.02 (Asphalt Paving), COMAR 26.11.11.04 
    (Petroleum Refineries), COMAR 26.11.13 (Control of Gasoline and 
    Volatile Organic Compound Storage and Handling), and COMAR 26.11.19 
    (Volatile Organic Compounds from Specific Processes), to statewide. 
    Under COMAR 26.11.11, sources in the newly regulated areas must comply 
    by the effective date of the regulation, April 26, 1993. Under COMAR 
    26.11.13 and the category-specific regulations in COMAR 26.11.19, 
    sources in Maryland's newly regulated areas must comply as 
    expeditiously as possible, but no later than May 15, 1993. Sources in 
    Maryland's pre-enactment nonattainment areas must already be in 
    compliance with COMAR 26.11.11, 26.11.13, and 26.11.19.
        (2) Maryland also added a definition for the term ``major 
    stationary source of VOC'' (COMAR 26.11.19.01B(4)) to its VOC 
    regulations. This term means 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.
        (3) Finally, Maryland changed the applicability threshold for COMAR 
    26.11.19.10: Graphic Arts, from 550 pounds per day (100 TPY) to the 
    major source threshold defined in COMAR 26.11.19.01B(4).
    
    EPA's Evaluation
    
        The revisions listed above are approvable as SIP revisions because 
    they comply with the RACT Catch-up requirements of the Act. Through 
    these revisions, Maryland has met the first major Catch-up requirement, 
    which was to adopt statewide RACT rules covering all pre-enactment 
    CTGs.
        The remaining requirements, (1) to identify all sources the State 
    anticipates will be covered by a post-enactment CTG and (2) to submit 
    non-CTG rules for all remaining major sources, are addressed through 
    Maryland's generic VOC RACT regulation, COMAR 26.11.19.02G. Revisions 
    to COMAR 26.11.19.02G are the subject of a separate rulemaking action.
    
    RACT Fix-up Requirements
    
        Maryland was required to correct deficiencies in existing VOC RACT 
    regulations applicable in pre-enactment nonattainment areas. EPA 
    identified deficiencies in Maryland's Stage I regulation, COMAR 
    26.11.13.04, in a June 14, 1988 letter to Maryland which followed EPA's 
    SIP Call. In order to correct the identified deficiencies, Maryland 
    must revise its Stage I regulation to conform to EPA guidance, 
    including the Stage I CTG and model rules.
        Specifically, Maryland is required to revise its Stage I bulk 
    terminal regulation to require vapor control systems to collect all 
    vapors from its loading racks and destroy at least 90% of these vapors. 
    Maryland is required to adopt a bulk gasoline plant regulation which 
    conforms with EPA policy. Additionally, Maryland is required to revise 
    its Stage I small storage tank regulation to require that all tanks 
    installed prior to January 1, 1979 with a 2000 gallon capacity or 
    greater and all tanks constructed after December 31, 1978 with a 250 
    gallon capacity or greater be equipped with a vapor control system.
    
    State Submittal
    
        Maryland revised its regulation, COMAR 26.11.13.04: Control of 
    Gasoline and VOC Storage--Loading Operations (A. Bulk Terminals, B. 
    Bulk Plants, C. Small Storage Tanks, and D. General Requirements), to 
    respond to the requirements listed above. Additionally, Maryland 
    expanded the applicability of this regulation to statewide. Maryland 
    also made a minor revision to its definition of the term ``bulk 
    gasoline plant'' (COMAR 26.11.13.01B(1)), for clarification.
    A. Bulk Terminals
        Maryland's Stage I bulk gasoline terminal regulation, which covers 
    facilities with daily gasoline throughput greater than 20,000, now 
    requires vapor control systems at loading racks to collect all vapors 
    and destroy at least 90% of these vapors.
    B. Bulk Plants
        Maryland's bulk gasoline plant regulates facilities with daily 
    gasoline throughput between 4,000 gallons and 20,000 gallons. This 
    regulation conforms with EPA's model rule requiring vapor balance 
    systems and top submerged or bottom loading systems. This regulation 
    also prohibits the transfer of gasoline into a storage tank unless 
    Stage I is properly used and requires that the vapor control system be 
    leak tight.
    C. Small Storage Tanks
        Maryland revised the capacity limits in Maryland's small storage 
    tank Stage I regulation. The new capacity cutoffs are 250 gallons for 
    ``new'' tanks constructed after May 8, 1991 and 2,000 gallons for 
    ``old'' tanks constructed before May 8, 1991.
    D. General Requirements
        This section prohibits the loading of VOC or gasoline into a tank 
    truck, railroad car, or other contrivance unless the loading 
    connections on the vapor lines are equipped with leak tight fittings 
    which automatically close upon disconnection, and the equipment is 
    maintained and operated to prevent avoidable liquid leaks during 
    loading and unloading. [[Page 2021]] 
    
    EPA's Evaluation
    
        These revisions are approvable because they correct deficiencies in 
    Maryland's existing Stage I regulation and expand the applicability to 
    statewide to conform with the RACT Fix-up and Catch-up requirements of 
    the Act. These regulations now conform to EPA guidance.
        In COMAR 26.11.13.04C, Small Storage Tanks, Maryland's use of an 
    alternative date (May 8, 1991 instead of January 1, 1979) to 
    distinguish between new and old storage tanks is acceptable because it 
    conforms with the spirit of EPA's guidance. The January 1, 1979 date 
    was used in the Stage I model rule found in EPA's April 1978 document, 
    ``Regulatory Guidance for the Control of Volatile Organic Compound 
    Emissions from 15 Categories of Stationary Sources,'' to grandfather 
    existing tanks in newly regulated areas. Maryland used the May 8, 1991 
    because that was the effective date of the first amendments to this 
    regulation made to comply with the RACT Fix-up requirements.
        EPA is approving these SIP revisions without prior proposal because 
    the Agency views them as noncontroversial amendments and anticipates no 
    adverse comments. However, in a separate document in this Federal 
    Register publication, EPA is proposing to approve the SIP revisions 
    should adverse or critical comments be filed. This action will be 
    effective on March 7, 1995 unless, within 30 days of publication, 
    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 March 7, 1995.
        As required by 40 CFR 51.102, the State of Maryland has certified 
    that public hearings with regard to these revisions were held in 
    Maryland on September 30, 1986 in Baltimore; on October 11, 1990 in 
    Annapolis; on November 25, 1991 in Baltimore; on November 17, 18, and 
    20, 1992 in Frederick, Centreville, and Columbia, respectively; and on 
    June 8, 1993 in Baltimore.
    
    Final Action
    
        Because these revisions comply with the RACT Fix-up and Catch-up 
    requirements of section 182 of the Act, EPA is approving the amendments 
    to Maryland's VOC RACT regulations, including Stage I. Specifically, 
    EPA is approving amendments to COMAR 26.11.11.02, 26.11.11.04, 
    26.11.13.01, 26.11.13.02, 26.11.13.04, 26.11.13.07, 26.11.19.01, 
    26.11.19.02A, F and H, and 26.11.19.10. These revisions were submitted 
    to EPA by the State of Maryland as SIP revisions on April 5, 1991, 
    April 2, 1992, January 18, 1993, June 8, 1993, and July 19, 1993.
        Nothing in this action should be construed as permitting or 
    allowing or establishing a precedent for any future request for 
    revision to any SIP. Each request for revision to the SIP 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 
    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, 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 Act, 
    preparation of a flexibility analysis would constitute federal inquiry 
    into the economic reasonableness of State action. The 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).
        This action has been classified as a Table 2 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 
    an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
    Administrator for Air and Radiation. The 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 must be filed in the United States Court 
    of Appeals for the appropriate circuit by March 7, 1995. 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).)
        The Regional Administrator's decision to approve or disapprove the 
    SIP revision, pertaining to Maryland's VOC RACT Catch-ups and Stage I 
    Vapor Recovery, will be based on whether it meets the requirements of 
    section 110(a)(2)(A)-(K), and Part D of the Clean Air Act, as amended, 
    and EPA regulations in 40 CFR Part 51.
    
    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: October 19, 1994.
    Peter H. Kostmayer,
    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) (110), 
    (111), (112), (113), and (114) to read as follows:
    
    
    Sec. 52.1070  Identification of plan.
    
    * * * * *
        (c) * * *
        (110) 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, 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 addition of COMAR 26.11.13.04, pertaining to loading 
    [[Page 2022]] operations, adopted by the Secretary of the Environment 
    on March 9, 1991, effective May 8, 1991.
        (ii) Additional material.
        (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
    26.11.13.04, loading operations.
        (111) Revisions to the Maryland State Implementation Plan submitted 
    on April 2, 1992 by the Maryland Department of the Environment:
        (i) Incorporation by reference.
        (A) Letter of April 2, 1992 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, COMAR 
    26.11.
        (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
    procedures for bulk gasoline terminals, adopted by the Secretary of the 
    Environment on January 20, 1992, effective February 17, 1992.
        (ii) Additional material.
        (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 
    26.11.13.04A(3), test procedures for bulk gasoline terminals.
        (112) Revisions to the Maryland State Implementation Plan submitted 
    on January 18, 1993 by the Maryland Department of the Environment:
        (i) Incorporation by reference.
        (A) Letter of January 18, 1993 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, COMAR 
    26.11.
        (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
    procedures for bulk gasoline terminals, adopted by the Secretary of the 
    Environment on January 18, 1993, effective February 15, 1993.
        (ii) Additional material.
        (A) Remainder of January 18, 1993 State submittal pertaining to 
    COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
        (113) 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, deletions, and revisions to 
    Maryland's State Implementation Plan, pertaining to volatile organic 
    compound regulations in Maryland's air quality regulations, COMAR 
    26.11.
        (B) The following revisions to the provisions of COMAR 26.11, 
    adopted by the Secretary of the Environment on March 26, 1993, 
    effective April 26, 1993:
        (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt 
    paving.
        (2) Amendments to COMAR 26.11.13.01B(1), the definition for the 
    term bulk gasoline plant.
        (3) Amendments to COMAR 26.11.13.02, pertaining to applicability 
    and exemptions.
        (4) Amendments to COMAR 26.11.13.04, pertaining to loading 
    operations.
        (5) The addition of new COMAR 26.11.13.07, pertaining to plans for 
    compliance.
        (6) Amendments to COMAR 26.11.19.01B(4), the definition for the 
    term major stationary source of VOC.
        (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to 
    applicability, reporting and recordkeeping, and plans for compliance, 
    respectively.
        (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
        (ii) Additional material.
        (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 
    26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 
    26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 
    26.11.19.02A, F, and H, and COMAR 26.11.19.10.
        (114) Revisions to the Maryland State Implementation Plan submitted 
    on July 19, 1993 by the Maryland Department of the Environment:
        (i) Incorporation by reference.
        (A) Letter of July 19, 1993 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, COMAR 
    26.11.
        (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline 
    terminals, adopted by the Secretary of the Environment on June 25, 
    1993, effective July 19, 1993.
        (ii) Additional material.
        (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 
    26.11.13.04A, bulk gasoline terminals.
    
    [FR Doc. 95-286 Filed 1-5-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
3/7/1995
Published:
01/06/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-286
Dates:
This final rule is effective on March 7, 1995 unless notice is received on or before February 6, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
2018-2022 (5 pages)
Docket Numbers:
MD3-2-5624a, MD10-2-6169a, MD24-2-5968a, MD25-1-6146a, MD28-1-6147a, FRL-5123-3
PDF File:
95-286.pdf
CFR: (1)
40 CFR 52.1070