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

40 CFR Part 52

[MD3-1-6338; FRL-5105-1]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Volatile Organic Compound RACT Fix-ups

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 December 29,

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.

SUPPLEMENTARY INFORMATION: On September 27, 1993 (58 FR 50307), EPA

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

Maryland. The formal SIP revision was submitted by Maryland on April 5,

1991. 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).

On October 18, 1993, Maryland formally withdrew from consideration

as a SIP revision amendments pertaining to lithographic printing, COMAR

26.11.19.11D and E, submitted on April 5, 1991. On June 8, 1993,

Maryland submitted a SIP revision including amendments to Maryland's

generic VOC RACT regulation, COMAR 26.11.19.02G. EPA has determined

that is appropriate to conduct rulemaking on the generic VOC RACT

provision, COMAR 26.11.19.02G, in a separate rulemaking on the June 8,

1993 Maryland submittal. Therefore, EPA is withdrawing its proposed

approval of COMAR 26.11.19.02G.

This action approves all revisions for which EPA proposed approval

on September 27, 1993 (58 FR 50307), except COMAR 26.11.19.02G and

26.11.19.11D and E. These revisions include corrections to deficiencies

in regulations covering source categories for which EPA has issued a

control techniques guidance document (CTG), major VOC sources (having

the potential to emit 100 tons VOC per year) for which EPA

has not issued a CTG (non-CTG sources), and minor non-CTG sources.

Specifically, this action is approving the following revisions to

COMAR 26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E,

26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06,

26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C,

26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B of the

Maryland ozone SIP:

(1) The revision, addition, and deletion of definitions for certain

terms to conform with EPA guidance (COMAR 26.11.01.01, General

Administrative Provisions-Definitions);

(2) The revision of applicability criteria for permits to construct

or modify for motor vehicle gasoline storage tanks in Maryland's

nonattainment areas (COMAR 26.11.02.03, Sources and Installations

Subject to Permits to Construct and Approvals);

(3) The addition of definitions for certain terms to conform with

EPA guidance (COMAR 26.11.06.01, General Emission Standards,

Prohibitions & Restrictions-Definitions);

(4) The revision of the applicability, compliance, and exemption

provisions of Maryland's minor non-CTG VOC source regulation (COMAR

26.11.06.06A, B and E, General Emission Standards, Prohibitions &

Restrictions-Volatile Organic Compounds);

(5) The revision, addition, and deletion of definitions for certain

terms to conform with EPA guidance (COMAR 26.11.13.01, Control of

Gasoline and Volatile Organic Compound Storage and Handling-

Definitions);

(6) The clarification of the applicability of Maryland's gasoline

and VOC storage regulation (COMAR 26.11.13.02, Control of Gasoline and

Volatile Organic Compound Storage and Handling-Applicability and

Exemptions);

(7) The revisions to Maryland's large storage tank RACT regulation

to conform with EPA guidance (COMAR 26.11.13.03, Control of Gasoline

and Volatile Organic Compound Storage and Handling-Large Storage

Tanks);

(8) The revisions to Maryland's tank truck leak regulation to

conform with EPA guidance (COMAR 26.11.13.05, Control of Gasoline and

Volatile Organic Compound Storage and Handling-Gasoline Leaks from Tank

Trucks);

(9) The clarification of a CFR reference in Maryland's gasoline

Reid Vapor Pressure regulation (COMAR 26.11.13.06, Control of Gasoline

and Volatile Organic Compound Storage and Handling-Gasoline Reid Vapor

Pressure (RVP));

(10) The revision and addition of definitions for certain terms to

conform with EPA guidance (COMAR 26.11.19.01B, Volatile Organic

Compounds from Specific Processes-Definitions);

(11) The revisions to outline applicability, compliance methods,

testing, reporting, and general requirements for Maryland's CTG and

non-CTG VOC regulations, in accordance with EPA guidance. As noted

above, EPA is withdrawing its proposed approval of COMAR 26.11.19.02G,

and will conduct rulemaking on this provision in a separate rulemaking

on Maryland's June 8, 1993 submittal. (COMAR 26.11.19.02A-F, Volatile

Organic Compounds from Specific Processes-Applicability, Determining

Compliance, Reporting, and General Requirements);

(12) The revisions to Maryland's paper, fabric, and vinyl coating

regulation to clarify its applicability (COMAR 26.11.19.07, Volatile

Organic Compounds from Specific Processes-Paper, Fabric, and Vinyl

Coating);

(13) The deletion of definitions for certain term which no longer

appear in Maryland's graphic arts regulation, revision of a definition

for a term to conform with EPA guidance, and revisions to clarify

applicability and correct deficiencies to make this regulation conform

with the applicable CTG (COMAR 26.11.19.10, Volatile Organic Compounds

from Specific Processes-Graphic Arts);

(14) The addition of non-CTG VOC RACT regulations for sheet-fed

paper coating and plastic parts coating, and definitions for related

terms (COMAR 26.11.19.11A-C, Volatile Organic Compounds from Specific

Processes-Other Miscellaneous Printing and Coating);

(15) The addition, revision, and deletion of terms to conform with

EPA guidance, and the correction of deficiencies in Maryland's dry

cleaning regulations to conform with the applicable CTGs (COMAR

26.11.19.12, Volatile Organic Compounds from Specific Processes-Dry

Cleaning Installations);

(16) The revision and clarification of applicability criteria in

Maryland's miscellaneous metal parts regulation to conform with the CTG

(COMAR 26.11.19.13, Volatile Organic Compounds from Specific Processes-

Miscellaneous Metal Coating);

(17) The revision of an emission standard in Maryland's synthetic

pharmaceutical manufacturing regulation to correct a deficiency and

make this regulation conform with the applicable CTG (COMAR

26.11.19.14B, Volatile Organic Compounds from Specific Processes-

Manufacture of Synthetic Pharmaceutical Products); and

(18) The addition of RACT regulations for non-CTG source

categories, paint, resin, and adhesive manufacturing, and the addition

of definitions for related terms (COMAR 26.11.19.15A and B, Volatile

Organic Compounds from Specific Processes-Paint, Resin and Adhesive

Manufacturing and Adhesive Application).

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 revisions to COMAR 26.11.01.01, 26.11.02.03,

26.11.06.01, 26.11.06.06A, B and E, 26.11.13.01, 26.11.13.02,

26.11.13.03, 26.11.13.05, 26.11.13.06, 26.11.19.01B, 26.11.19.02A-F,

26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 26.11.19.12, 26.11.19.13,

26.11.19.14B, and 26.11.19.15A and B of Maryland's ozone SIP, submitted

by Maryland 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.

This action, pertaining to corrections to VOC regulations in the

Maryland ozone SIP, 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 must be filed in the United States Court

of Appeals for the appropriate circuit by January 30, 1995. 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: October 27, 1994.

W.T. Wiseniewski,

Acting Regional Administrator, Region II.

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)(102) to read

as follows:

Sec. 52.1070 Identification of plan.

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(c) * * *

(102) Revisions to the Maryland State Implementation Plan submitted

on April 5, 1991 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of April 5, 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 Health and Hygiene on June 10, 1987,

effective August 10, 1987:

(1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B),

pertaining to control of Volatile organic compounds from installations.

(2) Addition of new section COMAR 26.11.06.06E, (proposed as

10.18.06.06E), exemptions.

(3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR

10.18.21.01B), including the addition of the definitions for the terms

adhesive and exempt solvent, the renumbering of all definitions.

(4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR

10.18.21.02B-F), pertaining to compliance methods, methods of assessing

compliance, test methods, computations, and reporting.

(5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR

10.18.21.10B), pertaining to applicability and exemptions for graphic

arts sources.

(6) Amendments to COMAR 26.11.19.13, (proposed as COMAR

10.18.21.13), pertaining to miscellaneous metal coating.

(7) Addition of new section COMAR 26.11.19.15A (proposed as

10.18.21.15A), definition of terms.

(8) Addition of new section COMAR 26.11.19.15B (proposed as

10.18.21.15B), standards for paint, resin and adhesive manufacturing.

(C) Amendments to COMAR 26.11.19.12 (proposed as COMAR

10.18.21.12), pertaining to dry cleaning installations, including the

addition of new sections E and F, pertaining to equipment

specifications, emission standards, and compliance determinations for

petroleum solvent dry cleaning installations, adopted by the Secretary

of the Environment on April 21, 1989, effective June 20, 1989.

(D) Amendments to COMAR 26.11.19.12B-F, pertaining to

applicability, exemptions, equipment specifications, emission

standards, and compliance determinations for perchloroethylene and

petroleum solvent dry cleaning installations, adopted by the Secretary

of the Environment on May 17, 1990, effective July 16, 1990.

(E) The following revisions to the provisions of COMAR 26.11,

adopted by the Secretary of the Environment on March 9, 1991, effective

May 8, 1991:

(1) Amendments to COMAR 26.11.01.01, including the addition of

definitions for the terms actual emissions, allowable emissions,

potential to emit, premises, and reasonably available control

technology (RACT); deletion of the definition for the term Ringelmann

Smoke Chart; amendments to definitions for the terms New Source

Impacting on a Non-Attainment Area (NSINA) and volatile organic

compound (VOC); and renumbering of all definitions.

(2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to

permits to construct or modify for motor vehicle gasoline storage

tanks.

(3) The addition of new section COMAR 26.11.06.01, definitions for

the terms installation and process line.

(4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to

applicability, control, and exemptions for sources of volatile organic

compounds.

(5) The deletion of existing COMAR 26.11.13, pertaining to gasoline

and volatile organic compound storage and handling.

(6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06,

pertaining to definitions, applicability, and exemptions for gasoline

and volatile organic compounds storage and handling, large storage

tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.

(7) Amendments to COMAR 26.11.19.01B, addition of the definition

for the term transfer efficiency, amendments to the definition for the

term coating.

(8) Amendments to COMAR 26.11.19.02A-F, pertaining to

applicability, compliance methods, methods of assessing compliance,

test methods, computations, and reporting for volatile organic compound

regulations.

(9) Amendments to COMAR 26.11.19.07, the addition of new section B

and revisions to new section C (former section B), pertaining to paper,

fabric, and vinyl coating.

(10) Amendments to COMAR 26.11.19.10A, the deletion of definitions

for the terms high velocity hot-air dryer, letterpress methods,

lithographic methods, and roll printing; revisions to the definition

for the term web printing; and renumbering of all definitions.

(11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic

arts, including the deletion of existing section C and the addition of

new section C.

(12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining

to sheet-fed paper and plastic parts coating, including definitions for

the terms fountain, letterpress printing, lithographic printing,

plastic parts coating, and sheet-fed coating.

(13) Amendments to COMAR 26.11.19.13B and C, pertaining to

miscellaneous metal coating.

(14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized

pharmaceutical products.

(15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint,

resin, and adhesive manufacturing, including revisions to definitions

for the terms adhesive application, resin thin down tank, specialty

footwear manufacturing, specialty spiral tube winding, spiral tube

winding, and spiral wound tube impregnating and curing, the deletion of

the definition for the term honeycomb core installation, and the

renumbering of all definitions.

(ii) Additional material.

(A) Remainder of April 5, 1991 State submittal pertaining to COMAR

26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E,

26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06,

26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C,

26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.

(B) Letter of April 17, 1992 from the Maryland Department of the

Environment clarifying the intent of its April 5, 1991 letter

transmitting additions, deletions, and revisions to Maryland's State

Implementation Plan.

(C) Letter of October 18, 1993 from the Maryland Department of the

Environment formally withdrawing revisions to COMAR 26.11.19.11D and E,

pertaining to lithographic printing, from consideration as revisions to

Maryland's State Implementation Plan.

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[FR Doc. 94-29293 Filed 11-28-94; 8:45 am]

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