Approval and Promulgation of Air Quality Implementation Plans; Maryland; Prevention of Significant Deterioration: PM-10 Increments

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD043-3005; FRL-5339-2]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Prevention of Significant Deterioration: PM-10 Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

submitted by the State of Maryland which amends Code of Maryland

Administrative Regulations (COMAR) 26.11.01.01, 26.11.02.10 (C)(9), and

26.11.06.14. The intended effect of this action is to approve an

amendment to Maryland's Prevention of Significant Deterioration (PSD)

program. This revision makes these regulations consistent with the

currently effective version of 40 CFR part 52.21, including

establishing the maximum increases in ambient particles with an

aerodynamic diameter of less than or equal to a nominal 10 micrometers

(PM-10) concentration allowed in an area above the baseline

concentrations. This action is being taken in accordance with section

110 of the Clean Air Act (CAA), and in satisfaction of the June 3, 1993

promulgation of the PM-10 increment regulations requiring that existing

state PSD programs be modified to replace the total suspended

particulate (TSP) increments with the new PM-10 increment provisions.

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DATES: This action is effective April 1, 1996 unless notice is received

on or before March 4, 1996 that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate

Director, Air Programs, 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;

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: Lisa M. Donahue, (215) 597-2923.

SUPPLEMENTARY INFORMATION: From 1991 to 1993, EPA promulgated

amendments to the regulations for the prevention of significant

deterioration of air quality from emissions of sulfur dioxide, nitrogen

oxides, and particulate matter. These regulations establish the maximum

increases, or increments, in ambient concentrations of these criteria

pollutants. In 1991, EPA amended the definition of significant at

Sec. 52.21(b)(23)(i) (56 FR 5506). In 1992, EPA promulgated two

revisions to 40 CFR Part 52.21. On February 3, 1992 EPA amended the

definition of VOC at Sec. 52.21(b)(30) (57 FR 3946), and on July 21,

1992 EPA adopted a New Source Review (NSR) exclusion for utility

pollution control projects and amended Sec. 52.21(b)(2), (21), and

(31)-(38) (57 FR 32314-32339).

On June 3, 1993, EPA promulgated regulations under Section 166 of

the Clean Air Act to prevent significant deterioration of air quality

due to emissions of particles with an aerodynamic diameter of less than

or equal to a nominal 10 micrometers (PM-10), establishing increments

for PM-10. EPA added the PM-10 increments to the PSD program elements

in 40 CFR 51.166 and 52.21, which replaced the original increments that

were based on total suspended particulate (TSP) (58 FR 31637). On July

20, 1993, EPA revised Sec. 52.21(l)(1) and (2), which adds Supplement B

to the ``Guideline on Air Quality Models (Revised)'' (57 FR 38816).

Summary of SIP Revision

On July 17, 1995, the State of Maryland submitted a formal revision

to its State Implementation Plan (SIP). The SIP revisions consist of

changes to Maryland's Prevention of Significant Deterioration (PSD)

Program at the Code of Maryland Administrative Regulations (COMAR)

26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14, which update

references to 40 CFR Part 52.21 to the 1993 edition. The SIP would be

revised to remove references to the 1990 edition of the CFR and replace

those references with 1993.

EPA Evaluation

EPA evaluated Maryland's SIP revision and concluded the following:

(1) Updating the regulations provides updated definitions and model

guidelines, establishes a New Source Review (NSR) exclusion for utility

pollution control projects, and provides protection of the PSD

increment for PM-10; and (2) all of the applicable requirements of 40

CFR Part 51 and 52 are met. A more detailed evaluation is provided in a

Technical Support Document available upon request from the Regional EPA

office listed in the ADDRESSES section of this notice.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective April 1, 1996 unless, by March 1, 1996, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent notice that will withdraw

the final action. All public comments received will then be addressed

in a subsequent final rule based on this action serving as a proposed

rule. EPA will not institute a second comment period on this action.

Any parties interested in commenting on this action should do so at

this time. If no such comments are received, the public is advised that

this action will be effective on April 1, 1996.

Final Action

EPA is approving as revisions to the Maryland SIP changes to the

Code of Maryland Administrative Regulations (COMAR) which were

submitted on July 17, 1995. The submitted revision updates the

reference to 40 CFR 52.21. This actions make Maryland's SIP

regulations, COMAR 26.11.01.01, 26.11.02.10 (C)(9) and 26.11.06.14,

consistent with the currently effective version of 40 CFR 52.21.

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.

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.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air 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

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, 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).

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

must select the most cost-effective and least 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.

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EPA has determined that the approval action proposed/promulgated

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

approves 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 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 a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (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 to approve revisions to the Maryland SIP

which make Maryland's SIP regulations, COMAR 26.11.01.01, 26.11.02.10

(C)(9) and 26.11.06.14, consistent with the currently effective version

of 40 CFR 52.21 must be filed in the United States Court of Appeals for

the appropriate circuit by April 1, 1996. 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur Oxides.

Dated: November 3, 1995.

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)(119) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(119) Revisions to the Code of Maryland Administrative Regulations

for prevention of significant deterioration submitted on July 17, 1995

by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 17, 1995 from the Maryland Department of the

Environment transmitting revisions to the Maryland State Implementation

Plan.

(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and

26.11.06.14 under the Code of Maryland Administrative Regulations

(COMAR) revising Maryland's prevention of significant deterioration

program to incorporate changes to 40 CFR 52.21 made between 1992 and

1993. The amendments were effective on May 8, 1995 in the State of

Maryland.

(ii) Additional material.

(A) Remainder of July 17, 1995 State of Maryland submittal.

[FR Doc. 96-1931 Filed 1-31-96; 8:45 am]

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