ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TRANSPORTATION

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD18-1-5993; FRL-4999-3]

Approval and Promulgation of Air Quality Implementation Plans;

State of Maryland-Emission Statement Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing approval of a State Implementation Plan (SIP)

revision submitted by the State of Maryland. This revision consists of

an emission statement program for stationary sources which emit

volatile organic compounds (VOCs) and/or nitrogen oxides (NOx) at or

above specified actual emission threshold levels. This program applies

throughout the State of Maryland. The SIP revision was submitted by the

State to satisfy the Clean Air Act's requirements for an emission

statement program as part of the ozone SIP for the State of Maryland.

DATES: Comments on this proposed action must be received in writing by

July 21, 1994.

ADDRESSES: Comments must 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 following

locations: Environmental Protection Agency, Region III, Air, Radiation,

and Toxics Division, 841 Chestnut Building, Philadelphia, PA 19107; Air

and Radiation Management Administration, Maryland Department of the

Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Enid A. Gerena, Environmental

Protection Agency, Air, Radiation, and Toxics Division, 841 Chestnut

Building, Philadelphia, PA 19107, (215) 597-8239.

SUPPLEMENTARY INFORMATION: On November 13, 1992, the State of

Maryland's Department of the Environment (MDE) submitted a revision to

Maryland's SIP which requires owners of stationary sources that emit

VOCs and/or NOx, above specified actual emission applicability

thresholds, to submit annual statements certifying emissions.

I. Background

The air quality planning and State Implementation Plan (SIP)

requirements for ozone nonattainment and transport areas are set out in

subparts I and II of part D of title I of the Clean Air Act, as amended

by the Clean Air Act Amendments of 1990, (CAAor ``the Act''). EPA

published a ``General Preamble'' describing its preliminary views on

how it intends to review SIP's and SIP revisions submitted under title

I of the CAA, including those State submittals for ozone transport

areas within the States (see 57 FR 13498 (April 16, 1992) (``SIP:

General Preamble for the Implementation of title I of the Clean Air Act

Amendments of 1990''), 57 FR 18070 (April 28, 1992) (``Appendices to

the General Preamble''), and 57 FR 55620 (November 25, 1992) (``SIP:

NOx Supplement to the General Preamble'')).

EPA also issued a draft guidance document describing the

requirements for the emission statement programs discussed in this

document, entitled ``Guidance on the Implementation of an Emission

Statement Program'' (July, 1992). The Agency is also conducting a

rulemaking process to modify 40 CFR part 51 to reflect the requirements

of the emission statement program.

Section 182 of the Act sets out a graduated control program for

ozone nonattainment areas. Section 182(a) sets out requirements

applicable in marginal nonattainment areas, which are also made

applicable by section 182 (b), (c), (d), and (e) to all other ozone

nonattainment areas. Among the requirements in section 182(a) is a

program for stationary sources to prepare and submit to the State each

year emission statements certifying their actual emissions of VOCs and

NOx. This section of the Act provides that the States are to submit a

revision to their SIPs by November 15, 1992 establishing this emission

statement program.

If a source emits either VOC or NOx at or above the designated

minimum reporting level, the other pollutant should be included in the

emission statement, even if it is emitted at levels below the specified

cutoffs.

The States may waive, with EPA approval, the requirement for an

emission statement for classes or categories of sources with less than

25 tons per year of actual plant-wide NOx or VOC emissions in

nonattainment areas if the class or category is included in the base

year and periodic inventories and emissions are calculated using

emission factors established by EPA (such as those found in EPA

publication AP-42) or other methods acceptable to EPA.

At minimum the emission statement data should include:

Certification of data accuracy;

Source identification information;

Operating schedule;

Emissions information (to include annual and typical ozone

season day emissions);

Control equipment information; and

Process data.

EPA developed emission statements data elements to be consistent

with other source and State reporting requirements. This consistency is

essential to assist States with quality assurance for emission

estimates and to facilitate consolidation of all EPA reporting

requirements.

II. Description of the State Submittal

A. Procedural Background

The State of Maryland held public hearings on September 21

(Frederick), September 22 (Columbia), and September 23, 1992

(Centreville) for the purpose of soliciting public comment on proposed

regulatory revisions concerning emission statements for stationary

sources. Following the public hearings, the regulatory revisions were

adopted by the Secretary of the Environment on November 13, 1992,

submitted to EPA on November 13, 1992 as a revision to the SIP, and

became effective in the State of Maryland on December 7, 1992.

B. Components of Maryland's Emission Statement Program

There are several key and specific components of an acceptable

emission statement program. Specifically, the State must submit a

revision to its SIP which consists of an emission statement program

which meets the minimum requirements for reporting by the sources and

the State. For the emission statement program to be approvable, the

state's SIP must include, at a minimum, definitions and provisions for

applicability, compliance, and specific source reporting requirements

and reporting forms.

Maryland's revision consists of amendments to COMAR 26.11.01

General Administrative Procedures. These amendments, revise COMAR

26.11.01.01, Definitions, and add 26.11.01.05-1, Emission Statements.

Section .01, Definitions, has been revised by amending or adding

the definitions of the following terms: Actual emissions; Capture

efficiency; Certifying individual; Control efficiency; Oxides of

nitrogen; Percent seasonal throughput; Standard Industrial

Classification; and Typical ozone season day.

Section .05-1, Emission Statements, requires that a person who owns

or operates any installation, source, or premises located in areas

designated by the CAA as marginal, moderate, serious, severe or extreme

ozone nonattainment area to report the levels of emissions from the

sources emitting 25 tons per year (TPY) or more of VOCs and NOx, in

order to track emission reductions and attain the ozone National

Ambient Air Quality Standards (NAAQS). Because the entire State of

Maryland is in the Northeast Ozone Transport Region, emission statement

reporting provisions also apply to sources in all remaining areas of

the State which emit 100 TPY of NOx or 50 TPY of VOC. Section .05-1,

Emission Statements, requires that a certifying official for each

facility provide the State with a statement reporting emissions by

April 1 of each year, beginning with April 1, 1993, for the emissions

discharged during the previous calendar year. Section .05-1, Emission

Statements, delineates specific requirements for the content of these

annual emission statements, including the use of the reporting form

developed by the MDE.

C. Enforceability

The State of Maryland has provisions in its SIP (MD. Env. Code Ann.

Section 2-609, 2-609.1, 2-610, 2-610.1) which ensure that the emission

statement requirements of section 182(a)(3)(B) and sections 184(b)(2)

and 182(f) of the CAA as required by COMAR 26.11.01, sections .01 and

.05-1 are adequately enforced. Once EPA completes the rulemaking

process approving the Maryland's Emission Statement program as part of

the SIP, it will be federally enforceable.

EPA has determined that the submittal made by the State of Maryland

satisfies the relevant requirements of the CAA and EPA's guidance

document, ``Guidance on the Implementation of an Emission Statement

Program'' (July 1992). EPA's detailed review of Maryland's Emission

Statement Program is contained in a Technical Support Document (TSD)

which is available, upon request, from the EPA Regional Office listed

in the Addresses section of this document.

III. Proposed Action

EPA is proposing to approve revisions to the Maryland SIP to

include an Emission Statement Program consisting of revisions to

regulation COMAR 26.11.01., General Administrative Provisions, to amend

section .01, Definitions, and add section .05-1, Emission Statements.

This revision was submitted to EPA by the State of Maryland on November

13, 1992. The EPA is requesting public comments on all aspects of the

issues discussed in this document. 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.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision of 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 economic 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, the Administrator

certifies that it does not have a significant impact on small entities.

Moreover, due to the nature of the Federal-state relationship under the

CAA, preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

This action to propose approval of Maryland's SIP Emission

Statements Program 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. A future document

will inform the general public of these tables. On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP

revisions (54 FR 2222) from the requirements of section 3 of Executive

Order 12291 for a period of two years. The EPA has submitted a request

for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on EPA's

request. This request continues in effect under Executive Order 12866,

which superseded Executive Order 12291 on September 30, 1993.

The Administrator's decision to approve or disapprove Maryland's

SIP Emission Statements revision 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 52.

List of Subjects in 40 CFR Part 52

Environmental Protection, Air pollution control, Intergovernmental

relations, Nitrogen dioxide, Reporting and recordkeeping requirements,

Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q

Dated: April 15, 1994.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

[FR Doc. 94-14537 Filed 6-20-94; 8:45 am]

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