Approval and Promulgation of Air Quality Implementation Plans; Maryland; Definition of the Term ``Major Stationary Source of VOC''

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD067-3025a; FRL-6012-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Definition of the Term ``Major Stationary Source of VOC''

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 pertains to

amendments to Maryland's definition of the term major stationary source

of volatile organic compounds (VOC). This action is being taken in

accordance with the SIP submittal and revision provisions of the Act.

DATES: This final rule is effective July 13, 1998 unless on or before

June 12, 1998, adverse or critical comments are received. If adverse

comments are received EPA will publish a timely withdrawal in the

Federal Register and inform the public that the rule did not take

effect.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone and

Mobile Sources Section, Mailcode 3AP21, 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

Protection Division, U.S. Environmental Protection Agency, Region III,

841 Chestnut Building, Philadelphia, Pennsylvania 19107 and the

Maryland Department of the Environment, 2500 Broening Highway,

Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 566-2181, at the

EPA Region III address above, or via e-mail at

[email protected]. While information may be requested via e-

mail, any comments must be submitted in writing to the EPA Region III

address above.

SUPPLEMENTARY INFORMATION:

Description of the State's Submittal

On July 12, 1995, the Maryland Department of the Environment

submitted amendments to its air quality regulations to EPA as a SIP

revision. The July 12, 1995 submittal contains amendments to the

definition of the term ``major stationary source of VOC'' and

Maryland's major source VOC reasonably available control technology

(RACT) regulation, COMAR 26.11.19.01B(4) and 26.11.19.02G,

respectively. Maryland revised its definition by lowering the major

source size ``threshold'' in the Maryland portion of the Washington, DC

ozone nonattainment area, Calvert, Charles, Frederick, Montgomery, and

Prince George's Counties, and by requiring RACT on these newly defined

major sources. This action pertains only to Maryland's revisions to

COMAR 26.11.19.01B(4), the definition of the term ``major stationary

source of VOC.'' Revisions to Maryland's major source VOC RACT

regulation are the subject of a separate rulemaking action.

Maryland's July 1995 submittal lowers the major source size

``threshold'' in the Maryland portion of the Washington, DC ozone

nonattainment area from 50 to 25 tons per year (TPY) of VOC as is

already required in the Baltimore ozone nonattainment area. The term

``major stationary source of VOC,'' COMAR 26.11.19.01B(4), has been

amended, therefore, to mean any stationary source with the potential to

emit: (a) 25 TPY of VOC or more in the City of Baltimore and Anne

Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick,

Harford, Howard, Montogomery, and Prince George's Counties, and (b) 50

TPY in the remainder of the State.

As required by 40 CFR 51.102, the State of Maryland has certified

that public hearings with regard to these proposed revisions were held

in Maryland on December 15, 1994 in Baltimore, Maryland.

EPA's Evaluation

Maryland's July 12, 1995 SIP revision submittal contains revisions

to lower the major source size ``threshold'' for the Maryland portion

of the Washington, DC serious ozone nonattainment area, Calvert,

Charles, Frederick, Montgomery, and Prince George's Counties, and

required RACT on these newly defined major sources. These revisions are

needed as part of Maryland's plan to meet the Clean Air Act's rate-of-

progress (ROP) requirements in the Maryland portion of the Washington,

DC ozone nonattainment area. Under the Clean Air Act's ROP provisions,

in section 182, any ozone nonattainment area classified as serious or

worse is required to reduce emissions of VOCs by three percent per year

from 1990 until the area's attainment date for the 1-hour National

Ambient Air Quality Standard (NAAQS) for ozone. One of the control

measures Maryland is using to reduce VOC emissions in the Washington,

DC nonattainment area is RACT on VOC sources with the potential to emit

between 25 and 50 TPY.

This revision strengthens the Maryland SIP and will result in VOC

emission reductions. EPA is, therefore, approving this revision to the

Maryland SIP.

EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse or critical comments be filed. This rule will be effective July

13, 1998 without further notice unless the Agency receives relevant

adverse comments by June 12, 1998.

If EPA receives such comments, then EPA will publish a timely

withdrawal of the final rule and inform the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period on the proposed rule. Only 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 rule

will be effective on July 13, 1998 and no further action will be taken

on the proposed rule.

Final Action

EPA is approving Maryland's July 12, 1995 revisions to the

definition of the term ``major stationary source of VOC,'' COMAR

26.11.19.01B(4), and incorporating those revisions into the 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.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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

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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).

C. Unfunded Mandates

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 rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

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.

EPA has determined that the approval action 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

requirements. Accordingly, no additional costs to State, local, or

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

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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

judicial review of this action, pertaining to revisions to Maryland's

definition of the term ``major stationary source of VOC,'' must be

filed in the United States Court of Appeals for the appropriate circuit

by July 13, 1998. 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.

Dated: April 24, 1998.

Thomas Voltaggio,

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 et seq.

Subpart V--Maryland

2. Section 52.1070 is amended by adding paragraphs (c)(128) to read

as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(128) Revisions to the Maryland State Implementation Plan submitted

on July 12, 1995 by the Maryland Department of the Environment:

(i) Incorporation by reference.

(A) Letter of July 12, 1995 from the Maryland Department of the

Environment transmitting additions and deletions 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) Revisions to COMAR 26.11.19.01B(4), definition of the term

``Major stationary source of VOC,'' adopted by the Secretary of the

Environment on April 13, 1995, and effective on May 8, 1995.

(ii) Additional material.

(A) Remainder of the July 12, 1995 Maryland State submittal

pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major

stationary source of VOC.''

[FR Doc. 98-12719 Filed 5-12-98; 8:45 am]

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