97-4524. 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''  

  • [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]
    
    
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    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.
    
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    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
    
    
    

Document Information

Effective Date:
4/28/1997
Published:
02/25/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-4524
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.
Pages:
8380-8383 (4 pages)
Docket Numbers:
MD040-3010a and MD048-3011a, FRL-5688-5
PDF File:
97-4524.pdf
CFR: (1)
40 CFR 52.1070