[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7418-7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4444]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD6-1-5626; FRL-5328-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Continuous Emission Monitoring
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 establishes and
requires continuous emission monitoring requirements for certain
sources of air pollution. The regulation applies to operators of fossil
fuel-fired steam generating equipment with a rated heat input capacity
of 250 million BTU per hour or greater. The intended effect of this
action is to approve an amended regulation submitted by the State of
Maryland Department of the Environment as a SIP revision rendering its
monitoring requirements as federally enforceable. This action is being
taken in accordance with section 110 of the Clean Air Act.
DATES: This action is effective April 29, 1996 unless notice is
received on or before March 29, 1996 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 Marcia Spink, Associate Director,
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, PA 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, PA 19107; the Air and Radiation
Docket and Information Center, U.S. Environmental Protection Agency,
401 M Street SW., Washington, D.C. 20460; and State of Maryland
Department of the Environment, Air Management Association, 2500
Broening Highway, Baltimore, Maryland, 21224.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 597-7547.
SUPPLEMENTARY INFORMATION: On September 23, 1991, the State of Maryland
submitted a formal revision to its State Implementation Plan (SIP). The
SIP revision consists of the following regulatory modifications: (1)
Definition amendments to Code of Maryland Administrative Regulations
(COMAR) 26.11.01.01, (2) the addition of regulation COMAR 26.11.01.10
which contains continuous emissions monitoring (CEM) requirements for
opacity and (3) amendments to COMAR 26.11.08.07 which would delete
redundant language in requirements for CEMs for municipal solid waste
incinerators.
Summary of SIP Revision
The revision includes the addition of definitions regarding the
continuous emission monitoring regulations, the continuous emission
monitoring program requirements for opacity.
The new regulations, found at COMAR 26.11.01.10, require continuous
emission monitoring for large fuel burning sources. These new
monitoring requirements will mandate the installation of continuous
emission monitoring for opacity that will provide Maryland direct
access to data for enforcement purposes. Opacity is an indicator of
combustion efficiency and an indirect measure of particulate emissions.
Data collected from the opacity monitoring will be used by Maryland as
an indicator of whether proper operation and maintenance procedures are
being used.
Specifically, the revision adds a new regulation which provides
that fossil fuel-fired steam generating units with a rated heat input
of 250 million Btu per hour or greater shall install and operate a CEM
to measure and record opacity. The new regulation also clearly
stipulates monitoring and installation requirements, certification
schedules, and recordkeeping and reporting requirements.
EPA is approving this SIP revision 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 on April 29, 1996, unless, by March 29, 1996, 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 29, 1996.
Final Action
EPA is approving the amended regulations, COMAR 26.11.01.01
Definitions and COMAR 26.11.01.10 Continuous Emissions Monitoring
Requirements submitted by the State of Maryland Department of the
Environment as a revision to the Maryland SIP. The regulation requires
that the operators of fossil fuel-fired steam generating units,
continuously monitor opacity and report the findings on a specified,
regular basis to the
[[Page 7419]]
Maryland Department of the Environment.
Nothing in this action shall 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.
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 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.
Through submission of this state implementation plan revision, the
State has elected to adopt the program provided for under Section 110.
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).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the SIP processing guidelines of
the July 10, 1995 memorandum from the Assistant Administrator for Air
and Radiation.
Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act
of 1995, signed into law on March 22, 1995, EPA must undertake various
actions in association with proposed or final rules that include a
Federal mandate that may result in estimated costs of $100 million or
more to the private sector, or to State, local, or tribal governments
in the aggregate.
Through submission of this state implementation plan revision, the
State has elected to adopt the program provided for under section 110
and subchapter I, part D of the Clean Air Act. These rules may bind
State, local and tribal governments to perform certain actions and also
require the private sector to perform certain duties. To the extent
that the rules being approved by this action will impose no new
requirement; such sources are already subject to these regulations
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
EPA has also determined that this final action does not include a
mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action, pertaining to the State of Maryland--
Continuous Emission Monitoring Regulations, must be filed in the United
States Court of Appeals for the appropriate circuit by April 29, 1996.
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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: October 24, 1995.
Stanley L. Laskowski,
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. 7401-7671q.
Subpart V--Maryland
2. Section 52.1070 is amended by adding paragraph (c)(106) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(106) Revisions to the Maryland Regulations submitted on September
18, 1991 by the Maryland Department of the Environment.
(i) Incorporation by reference.
(A) Letter of September 18, 1991 from the Maryland Department of
the Environment transmitting the continuous emission monitoring
revision.
(B) Definition amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new
regulations COMAR 26.11.01.10 Continuous Emission Monitoring
Requirements, concerning continuous opacity monitoring, effective July
22, 1991.
(ii) Additional materials.
(A) Remainder of September 23, 1991 State submittal.
* * * * *
[FR Doc. 96-4444 Filed 2-27-96; 8:45 am]
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