Approval and Promulgation of Air Quality Implementation Plans; Maryland; Continuous Emission Monitoring

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD6-1-5626; FRL-5328-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Continuous Emission Monitoring

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. This revision establishes and

requires continuous emission monitoring requirements for certain

sources of air pollution. The regulation applies to operators of fossil

fuel-fired steam generating equipment with a rated heat input capacity

of 250 million BTU per hour or greater. The intended effect of this

action is to approve an amended regulation submitted by the State of

Maryland Department of the Environment as a SIP revision rendering its

monitoring requirements as federally enforceable. This action is being

taken in accordance with section 110 of the Clean Air Act.

DATES: This action is effective April 29, 1996 unless notice is

received on or before March 29, 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 Spink, Associate Director,

Air, Radiation, and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, PA 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, PA 19107; the Air and Radiation

Docket and Information Center, U.S. Environmental Protection Agency,

401 M Street SW., Washington, D.C. 20460; and State of Maryland

Department of the Environment, Air Management Association, 2500

Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 597-7547.

SUPPLEMENTARY INFORMATION: On September 23, 1991, the State of Maryland

submitted a formal revision to its State Implementation Plan (SIP). The

SIP revision consists of the following regulatory modifications: (1)

Definition amendments to Code of Maryland Administrative Regulations

(COMAR) 26.11.01.01, (2) the addition of regulation COMAR 26.11.01.10

which contains continuous emissions monitoring (CEM) requirements for

opacity and (3) amendments to COMAR 26.11.08.07 which would delete

redundant language in requirements for CEMs for municipal solid waste

incinerators.

Summary of SIP Revision

The revision includes the addition of definitions regarding the

continuous emission monitoring regulations, the continuous emission

monitoring program requirements for opacity.

The new regulations, found at COMAR 26.11.01.10, require continuous

emission monitoring for large fuel burning sources. These new

monitoring requirements will mandate the installation of continuous

emission monitoring for opacity that will provide Maryland direct

access to data for enforcement purposes. Opacity is an indicator of

combustion efficiency and an indirect measure of particulate emissions.

Data collected from the opacity monitoring will be used by Maryland as

an indicator of whether proper operation and maintenance procedures are

being used.

Specifically, the revision adds a new regulation which provides

that fossil fuel-fired steam generating units with a rated heat input

of 250 million Btu per hour or greater shall install and operate a CEM

to measure and record opacity. The new regulation also clearly

stipulates monitoring and installation requirements, certification

schedules, and recordkeeping and reporting requirements.

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 on April 29, 1996, unless, by March 29, 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 document 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 29, 1996.

Final Action

EPA is approving the amended regulations, COMAR 26.11.01.01

Definitions and COMAR 26.11.01.10 Continuous Emissions Monitoring

Requirements submitted by the State of Maryland Department of the

Environment as a revision to the Maryland SIP. The regulation requires

that the operators of fossil fuel-fired steam generating units,

continuously monitor opacity and report the findings on a specified,

regular basis to the

[[Page 7419]]

Maryland Department of the Environment.

Nothing in this action shall 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 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.

Through submission of this state implementation plan revision, the

State has elected to adopt the program provided for under Section 110.

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).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the SIP processing guidelines of

the July 10, 1995 memorandum from the Assistant Administrator for Air

and Radiation.

Under Sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995, signed into law on March 22, 1995, EPA must undertake various

actions in association with proposed or final rules that include a

Federal mandate that may result in estimated costs of $100 million or

more to the private sector, or to State, local, or tribal governments

in the aggregate.

Through submission of this state implementation plan revision, the

State has elected to adopt the program provided for under section 110

and subchapter I, part D of the Clean Air Act. These rules may bind

State, local and tribal governments to perform certain actions and also

require the private sector to perform certain duties. To the extent

that the rules being approved by this action will impose no new

requirement; such sources are already subject to these regulations

under State law. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

EPA has also determined that this final action does not include a

mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

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

judicial review of this action, pertaining to the State of Maryland--

Continuous Emission Monitoring Regulations, must be filed in the United

States Court of Appeals for the appropriate circuit by April 29, 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, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements.

Dated: October 24, 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 paragraph (c)(106) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(106) Revisions to the Maryland Regulations submitted on September

18, 1991 by the Maryland Department of the Environment.

(i) Incorporation by reference.

(A) Letter of September 18, 1991 from the Maryland Department of

the Environment transmitting the continuous emission monitoring

revision.

(B) Definition amendments to Code of Maryland Administrative

Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new

regulations COMAR 26.11.01.10 Continuous Emission Monitoring

Requirements, concerning continuous opacity monitoring, effective July

22, 1991.

(ii) Additional materials.

(A) Remainder of September 23, 1991 State submittal.

* * * * *

[FR Doc. 96-4444 Filed 2-27-96; 8:45 am]

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