Approval and Promulgation of Air Quality Implementation Plans; Maryland; Volatile Organic Compound RACT Fix-ups, Including Test Methods

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD4-2-6353, MD10-1-6352, MD24-1-6354; FRL-5061-3]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Volatile Organic Compound RACT Fix-ups, Including Test

Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Maryland. This submittal consists of revised

volatile organic compound (VOC) regulations applicable in the Baltimore

nonattainment area, including Baltimore City and the Counties of Anne

Arundel, Baltimore, Carroll, Harford, and Howard and the Washington, DC

nonattainment area, including Montgomery and Prince George's Counties.

The intended effect of this action is to approve Maryland's revised VOC

regulations to correct deficiencies in Maryland's ozone SIP. This

action is being taken under the Clean Air Act (the Act).

EFFECTIVE DATE: This final rule will become effective on October 7,

1994.

ADDRESSES: 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, at the

EPA Regional office listed above.

SUPPLEMENTARY INFORMATION: On September 30, 1993 (58 FR 51028), EPA

published a notice of proposed rulemaking (NPR) for the State of

Maryland. The formal SIP revision was submitted by Maryland on

September 20, 1991, April 2, 1992, and January 18, 1993. The NPR

proposed approval of revisions to Maryland's ozone SIP to EPA as a SIP

revision to comply with part of the reasonably available control

technology (RACT) fix-up requirement of the Clean Air Amendments of

1990 (the Amendments).

Maryland's September 20, 1991 submittal consisted of the addition

of COMAR 26.11.19.16 and Technical Memorandum 91-01 (TM 91-01), and

revisions and additions to COMAR 26.11.01.01, 26.11.01.04, 26.11.06,

26.11.08, 26.11.10, 26.11.13.02, 26.11.14, 26.11.19.02, 26.11.19.07,

26.11.19.11, 26.11.19.12. On April 2, 1992, Maryland submitted further

revisions to COMAR 26.11.01.01, 26.11.01.04, 26.11.04, 26.11.06,

26.11.10, 26.11.13.04, 26.11.13.05, 26.11.14, 26.11.19.02, 26.11.19.09,

and 26.11.19.12, and TM 91-01. On June 17, 1992 Maryland submitted a

letter to EPA withdrawing the capture efficiency protocols (Method 1003

of TM 91-01) from its September 20, 1991 SIP revision submittal.

However, on January 18, 1993 Maryland formally resubmitted TM 91-01 to

EPA as a SIP revision. This January 18, 1993 submittal also included

amendments to COMAR 26.11.01.04, 26.11.06, 26.11.13.04, 26.11.13.05,

and 26.11.19.07, and 26.11.19.15.

Revisions to COMAR 26.11.04, 26.11.06, 26.11.08, 26.11.10, and

26.11.14, which are not related to VOCs, are addressed by separate

rulemaking actions. Revisions to COMAR 26.11.13.04 and 26.11.19.15 also

are the subject of separate rulemaking actions (58 FR 8565).

This rulemaking action is approving the addition of Appendixes A

and B and Methods 1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and

1012 contained in TM 91-01 and COMAR 26.11.19.16 into the Maryland SIP,

as well as amendments to COMAR 26.11.01.01, 26.11.01.04, 26.11.13.02,

26.11.13.05, 26.11.19.02, 26.11.19.07, 26.11.19.09, 26.11.19.11, and

26.11.19.12, which were proposed for approval on September 30, 1993 (58

FR 51028). Specifically, this action is approving the following

revisions to the Maryland ozone SIP:

(1) Amendments to the definition of the term ``volatile organic

compound (VOC)'' to reflect current EPA guidance and to update

citations (COMAR 26.11.01.01DD);

(2) Amendments to COMAR 26.11.01.04C to delete a reference to

Maryland's old technical memorandum and add a reference to: (1)

Maryland's Technical Memorandum 91-01 (TM-91-01), Test Methods and

Equipment Specifications for Stationary Sources, (January, 1991) as

amended by Supplements 1 and 2 (July 1, 1991 and July 1, 1992,

respectively); and (2) all EPA test methods contained in 40 CFR part

60, appendix A, 1990 edition;

(3) The addition of test methods applicable to VOC regulations:

Methods 1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and 1012 and

Appendices A and B contained in TM 91-01;

(4) Amendments to COMAR 26.11.13.02C(2), Maryland's storage tank

regulation to exempt storage tanks with liquid mounted seals from the

secondary seal requirement for consistency with the applicable control

techniques guideline (CTG);

(5) Amendments to COMAR 26.11.13.05B(2) and 26.11.13.05C(2) to

delete specific references to the EPA approved test methods and replace

the old reference with references to COMAR 26.11.01.04C.

(6) Amendments to COMAR 26.11.19.02D, 26.11.19.09, 26.11.19.12F to

delete references to Maryland's old technical memorandum and replace

the old references with references to COMAR 26.11.01.04C.

(7) Amendments to COMAR 26.11.19.07A to add definitions for the

terms sheet-fed paper coating and ultraviolet curable coating.

(8) Addition of new COMAR 26.11.19.07D, a RACT regulation for

sheet-fed paper coating. Sheet-fed paper coating is a source category

for which EPA has not issued a CTG, a so called ``non-CTG'' source

category.

(9) Amendments to COMAR 26.11.19.11B and C to clarify the

applicability of this miscellaneous printing and coating regulation.

(10) Addition of new COMAR 26.11.19.16, which contains VOC leak

detection and repair requirements. This regulation applies to persons

subject to any VOC regulation in COMAR 26.11.19 and not subject to a

more specific leak requirement.

Other specific requirements of these revisions, and the rationale

for EPA's action are explained in the NPR and will not be restated

here. No public comments were received on the NPR.

Final Action

EPA is approving the addition of Appendices A and B and Methods

1000, 1002, 1003, 1006, 1007, 1008, 1009, 1011, and 1012 contained in

TM 91-01 and COMAR 26.11.19.16 into the Maryland SIP, as well as

amendments to COMAR 26.11.01.01, 26.11.01.04, 26.11.13.02, 26.11.13.05,

26.11.19.02, 26.11.19.07, 26.11.19.09, 26.11.19.11, and 26.11.19.12,

which were proposed for approval on September 30, 1993 (58 FR 51028) in

Maryland's ozone SIP, which Maryland submitted to EPA on April 5, 1991.

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.I11This

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 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, pertaining to corrections to VOC

regulations in the Maryland ozone SIP, must be filed in the United

States Court of Appeals for the appropriate circuit by November 7,

1994. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: August 4, 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)(103), (104)

and (105) to read as follows:

Sec. 52.1070 Identification of plan.

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(c) * * *

(103) Revisions to the Maryland State Implementation Plan submitted

on September 20, 1991 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of September 20, 1991 from the Maryland Department of

the Environment transmitting addition, 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 revisions to the provisions of COMAR 26.11,

adopted by the Secretary of the Environment on July 24, 1991, effective

August 19, 1991:

(1) Amendments to COMAR 26.11.01.01DD, the definition for the term

volatile organic compound.

(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test

methods, including the addition of a: reference to 40 CFR part 60; and

Methods 1000, 1002, and 1003 and Appendixes A and B, contained in

``Technical Memorandum 91-01, Test Methods and Equipment Specifications

for Stationary Sources'' (January 1991).

(3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions

for large storage tanks.

(4) Amendments to COMAR 26.11.19.02D(2), pertaining to test

methods.

(5) Amendments to COMAR 26.11.19.07A, including amendments to the

definition for the term paper coating, and the addition of definitions

for the terms sheet-fed paper coating and ultraviolet curable coating,

and the renumbering of definitions.

(6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed

paper coating.

(7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR

26.11.19.11C, pertaining to plastic coating.

(8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to

compliance determinations for petroleum solvent dry cleaning

installations.

(9) Addition of new COMAR 26.11.19.16, pertaining to volatile

organic compound equipment leaks.

(ii) Additional material.

(A) Remainder of the September 20, 1991 State submittal pertaining

to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and

Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01,

Test Methods and Equipment Specifications for Stationary Sources''

(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR

26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR

26.11.19.12F(3) and (4), and COMAR 26.11.19.16.

(104) 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 addition, 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 revisions to the provisions of COMAR 26.11,

adopted by the Secretary of the Environment on January 20, 1992,

effective February 17, 1992:

(1) Amendments to COMAR 26.1.01.01DD, the definition for the term

volatile organic compound.

(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test

methods, including the addition of Methods 1006, 1007, and 1008

contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-

01, Test Methods and Equipment Specifications for Stationary Sources''

(January 1991), and revisions to Method 1000 and Appendixes A and B

contained in Supplement 1.

(3) Amendments to COMAR 26.11.19.02D, pertaining to test methods

for coatings and adhesives containing volatile organic compounds.

(4) Amendments to COMAR 26.11.19.09B, pertaining to emission

standards for volatile organic compound metal cleaning.

(5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to

compliance determinations for petroleum solvent dry cleaning

installations.

(ii) Additional material.

(A) Remainder of the April 2, 1992 State submittal pertaining to

COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods

1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to

``Technical Memorandum 91-01, Test Methods and Equipment Specifications

for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR

26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).

(105) 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 addition, 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 revisions to the provisions of COMAR 26.11,

adopted by the Secretary of the Environment on January 18, 1993,

effective February 15, 1993:

(1) Amendments to COMAR 26.11.01.04C, pertaining to emission test

methods, including the addition of Methods 1009, 1011, and 1012

contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-

01, Test Methods and Equipment Specifications for Stationary Sources''

(January 1991), and revisions to Method 1003 and Appendix B contained

in Supplement 2.

(2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to

compliance determinations for tank trucks.

(3) Amendments to COMAR 26.11.19.07A(4), the definition for the

term ultraviolet curable coating.

(ii) Additional material.

(A) Remainder of the January 18, 1993 State submittal pertaining to

COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012

contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-

01, Test Methods and Equipment Specifications for Stationary Sources

(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR

26.11.19.07A(4).

* * * * *

[FR Doc. 94-21946 Filed 9-6-94; 8:45 am]

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