[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Proposed Rules]
[Pages 8009-8012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4832]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD3-1-7132, MD25-2-6170; FRL-5432-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Major VOC Source RACT and Minor VOC Source Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing conditional approval of 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 sources
that are not covered by RACT regulations. EPA is proposing approval of
these SIP revisions on the condition that the State of Maryland
certifies that it has determined and imposed RACT for all the major VOC
sources covered by the VOC RACT regulation, and has submitted those
enforceable RACT determinations to EPA as SIP revisions. That
certification must be made by the Maryland Department of the
Environment by no later than one year from the date EPA promulgates
final conditional approval of this SIP revision. If the State fails to
do so, that final conditional approval will convert to a disapproval.
This action is being taken in accordance with the SIP submittal and
revision provisions of the Act.
DATES: Comments must be received on or before April 1, 1996.
[[Page 8010]]
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air, Radiation, and Toxics Division, Mailcode 3AT00, 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) 597-9337, at the
EPA Region III office, 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 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 Maryland Department of the Environment 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 major VOC source generic 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.)
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 and on November
17, 18, and 20, 1992 in Frederick, Centreville, and Columbia,
respectively. EPA is soliciting public comments on the issues discussed
in this document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the ADDRESSES section of
this document.
I. Background
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
VOC sources (so-called generic 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. These major non-
CTG sources are subject to Maryland's generic VOC RACT regulation.
II. EPA Evaluation and Proposed Action
The following is EPA's evaluation and proposed 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.
State Submittal: 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.
Subsequently, 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.
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
[[Page 8011]]
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 general 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
Maryland determines and imposes actual RACT standards on the generic
sources and submits those RACT determinations to EPA as SIP revisions.
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.
However, in a letter dated February 7, 1996, Maryland affirmed that
it will submit all RACT determinations for major sources of VOC in the
state, and will provide a written statement to EPA that, to the best of
its knowledge, there are no other sources subject to the RACT
requirement.
Therefore, EPA is proposing approval of this SIP revision on the
condition that the Maryland Department of the Environment certifies
that it has determined and imposed RACT for the major VOC sources
covered by COMAR 26.11.19.02G, and has submitted those enforceable and
approvable RACT determinations to EPA as SIP revisions. If the State
fails to do so, that final conditional approval will convert to a
disapproval using the mechanism described below.
Proposed Action: Pursuant to section 110(k)(4) of the Act, EPA is
proposing to approve, conditionally, the addition of and subsequent
revisions to COMAR 26.11.19.02G and the revisions to COMAR 26.11.06.06A
and B submitted by the State of Maryland on April 5, 1991 and June 8,
1993. In order to receive a full approval for meeting the non-CTG RACT
requirement, the Maryland Department of the Environment must certify
that it has determined and imposed approvable RACT standards for its
major non-CTG VOC sources, pursuant to COMAR 26.11.19.02G, and
submitted those approvable RACT rules to EPA as SIP revisions. If the
State submits the case-by-case RACT rules, the conditional approval
will remain in place until such time as EPA takes final action
approving or disapproving the case-by-case SIP revisions. When EPA
determines that Maryland has submitted approvable case-by-case RACT
determinations for its non-CTG major VOC sources, EPA will convert the
conditional approval to a full approval. A document will be published
in the Federal Register announcing that the SIP revision has been fully
approved. If Maryland fails to submit approvable rules, the EPA
Regional Administrator will make a finding, by letter, that the
conditional approval is converted to a disapproval and the clock for
imposition of sanctions under section 179(a) of the Act will start as
of the date of the letter. Subsequently, a document will be published
in the Federal Register announcing that the SIP revision has been
disapproved.
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.
Conditional approvals of SIP submittals 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 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.
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 that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA the
most cost-effective and least
[[Page 8012]]
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 conditional approval action proposed
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
proposes to conditionally approve pre-existing requirements under State
or local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
This action has been classified as a Table 3 action under the SIP
processing guidelines of the July 10, 1995 memorandum from the
Assistant Administrator for Air and Radiation. Table 3 actions are
delegated for Regional Administrator decision and signoff. The OMB has
exempted this regulatory action from E.O. 12866 review.
The Regional Administrator's decision to approve or disapprove this
SIP revision, pertaining to Maryland's major source VOC RACT and minor
VOC source requirements, 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,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: February 16, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 96-4832 Filed 2-29-96; 8:45 am]
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