Approval and Promulgation of Air Quality Implementation Plans; State of Maryland-Emission Statement Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD18-1-6682; FRL-5087-3]

Approval and Promulgation of Air Quality Implementation Plans;

State of Maryland-Emission Statement Program

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 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. The intended effect of this

action is to approve in the State of Maryland a regulation for annual

reporting of actual emissions by sources that emit VOC and /or NOx in

accordance with sections 184(b)(2) and 182(f) of the Clean Air Act

Amendments (CAAA). This action is being taken under section 110 of the

Clean Air Act.

EFFECTIVE DATE: This final rule will become effective on November 14,

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 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 June 21, 1994 (59 FR 31962), EPA

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

Maryland. The NPR proposed approval of the Maryland's Emission

Statement Program. The formal SIP revision was submitted by the State

of Maryland on November 13, 1992.

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.

Other specific requirements of the SIP revision on Emission

Statements and the rationale for EPA's proposed 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 amendments to COMAR 26.11.01, General

Administrative Procedures, to revise section .01, Definitions, and to

add section .05-1, Emission Statements, as a revision to the State of

Maryland SIP.

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.

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

an October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation. The OMB has exempted this

regulatory action from Executive Order 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 12, 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 to approve Maryland's Emission Statements

Program 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, Oxides of

nitrogen, Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated: September 21, 1994.

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 paragraphs (c)(109) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(109) Revisions to the State of Maryland Regulations State

Implementation Plan submitted on November 13, 1992 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) Letter of November 13, 1992 from Maryland Department of the

Environment transmitting a revised regulation to require major sources

of volatile organic compounds and oxides of nitrogen, Statewide, to

certify their emissions annually.

(B) Revisions to Title 26, COMAR 26.11.01, specifically to amend

regulation .01, and to add regulation .05-1. Effective on December 7,

1992.

(ii) Additional material.

(A) Remainder of December 7, 1992 State submittal.

[FR Doc. 94-25207 Filed 10-12-94; 8:45 am]

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