Approval and Promulgation of Air Quality Implementation Plans; Maryland; Conditional Limited Approval of Major VOC Source RACT and Minor VOC Source Requirements

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD003-3024a, MD025-3024a, MD066-3024a; FRL-6148-9]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Conditional Limited Approval of Major VOC Source RACT and

Minor VOC Source Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is conditionally and limitedly approving State

Implementation Plan (SIP) revisions submitted by the State of Maryland.

These revisions pertain to Maryland's major source volatile organic

compound (VOC) reasonably available control technology (RACT)

regulation and minor VOC source requirements. The RACT regulation

applies to major VOC sources that are not covered by Maryland's

category specific VOC RACT regulations. The minor source requirements

apply to smaller VOC

[[Page 47175]]

sources that are not covered by RACT regulations.

DATES: This direct final rule is effective on November 3, 1998 without

further notice, unless EPA receives adverse comment by October 5, 1998.

If adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform the public

that the rule will not take effect.

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

Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental Protection

Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

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, 1650 Arch

Street, Philadelphia, Pennsylvania 19103 and the Maryland Department of

the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, 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:

Background--State Submittals

On April 5, 1991, the State of Maryland formally submitted

amendments to its air quality regulations to EPA as a SIP revision.

Among the amendments submitted were revisions to COMAR 26.11.06.06,

Maryland's minor VOC source requirements. Also included in Maryland's

April 5, 1991 SIP revision request was the addition of COMAR

26.11.19.02G, which requires RACT for major sources of VOC that are not

covered by Maryland's category specific VOC RACT regulations.

Throughout the remainder of this notice, COMAR 26.11.19.02G shall be

termed Maryland's generic major source VOC RACT regulation. All other

amendments submitted to EPA in Maryland's April 5, 1991 SIP revision

request have been approved into Maryland's SIP through separate

rulemaking actions. (See 58 FR 63085, 59 FR 60908 and 60 FR 2018.) This

rulemaking action only pertains to the portion of Maryland's April 5,

1991 submittal related to the addition of COMAR 26.11.19.02G,

Maryland's generic major VOC source RACT regulation, and revisions to

COMAR 26.11.06.06, Maryland's minor VOC source requirements.

On June 8, 1993, the State of Maryland again submitted amendments

to its air quality regulations to EPA as a SIP revision. The June 8,

1993 submittal establishes statewide applicability for Maryland's

generic major source VOC RACT regulation and category specific VOC RACT

regulations, lowers the applicability threshold for VOC RACT

regulations, expands the geographic applicability of Maryland's minor

VOC source requirements, and corrects deficiencies in Maryland's Stage

I Vapor Recovery regulation. This rulemaking action pertains only to

the amendments contained in Maryland's June 8, 1993 submittal related

to its generic major VOC source RACT regulation and its minor VOC

source regulations, COMAR 26.11.19.02G and COMAR 26.11.06.06,

respectively. All other regulations contained in the June 8, 1993

submittal were the subject of a separate rulemaking action. (See 60 FR

2018.)

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

submitted additional amendments to its air quality regulations to EPA

as a SIP revision. The July 12, 1995 submittal contained amendments to

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

Maryland's generic major source VOC RACT regulation, COMAR

26.11.19.01B(4) and 26.11.19.02G, respectively. The revisions lowered

the major source threshold for the Maryland portion of the Washington,

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

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

major sources.

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 October 11, 1990 in Annapolis, Maryland, on November 17,

18, and 20, 1992 in Frederick, Centreville, and Columbia, Maryland

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

EPA Rulemaking History

On March 1, 1996, EPA proposed conditional approval of Maryland's

April 5, 1991 and June 8, 1993 revision submittals pertaining to COMAR

26.11.19.02G and COMAR 26.11.06.06 (61 FR 8009). Approval was

conditioned on the State of Maryland certifying that it has determined

and imposed RACT for all the major VOC sources covered by the VOC RACT

regulation and submitted those enforceable RACT determinations to EPA

as SIP revisions. That certification was to be made by the Maryland

Department of the Environment by no later that one year from the date

EPA promulgated final conditional approval of the SIP revision. If the

State failed to do so, that final conditional approval would have

converted to a disapproval. Because proposed conditional approval does

not comply with EPA's generic RACT policy, described below, EPA must

withdraw its March 1, 1996 proposed conditional approval. No public

comments were received on this proposal. Therefore, in the proposed

rules section of this Federal Register publication, EPA is publishing a

separate document that will withdraw its March 1, 1996 proposed

conditional approval.

EPA's Generic RACT Policy

On November 7, 1996, Ms. Sally L. Shaver, Director of EPA's Air

Quality Strategies & Standards Division signed a memorandum entitled,

``Approval Options for Generic RACT Rules Submitted to meet the non-CTG

VOC RACT Requirement and Certain NOx RACT Requirements.'' This policy

memorandum sets out the different options available to EPA for

rulemaking on generic RACT SIPs, and circumstances under which each

rulemaking option would be appropriate. According to this policy, full

approval cannot be granted until the State has submitted and EPA has

approved RACT rules for sources covering all but a de minimis level of

emissions. When this is not the case, EPA's generic RACT policy

provides that EPA should propose limited approval of the generic RACT

rule because it strengthens the SIP and at the same time EPA should

propose conditional approval based upon the State's commitment to (1)

submit for approval into the SIP, the case-by-case RACT proposals for

all sources subject to the RACT requirements, and (2) certify that it

has submitted case-by-case RACT proposals for all sources subject to

the RACT requirements currently known to the State or demonstrate that

the emissions from any remaining subject sources represent a de minimis

level of emissions. The rationale for the conditional limited approval

is described in detail below.

EPA's Analysis of the SIP Revisions

Clean Air Act Requirements: To comply with the RACT provisions of

the Act, Maryland was required to expand its RACT regulations to apply

statewide. It had to adopt all RACT regulations for all VOC sources for

which EPA has published a Control Techniques Guideline (CTG) and all

major non-CTG

[[Page 47176]]

VOC sources (so-called generic VOC sources) with the potential to emit

25 tons per year (TPY) in Cecil County and the Baltimore

nonattainment area and 50 TPY in the remainder of the

State. These major non-CTG sources are subject to Maryland's generic

major source VOC RACT regulation.

State Submittals: Maryland's generic major source VOC RACT

regulation, COMAR 26.11.19.02G, was originally submitted to EPA on

April 5, 1991 to comply with the RACT Fix-up requirements of section

182(a)(2) of the Act. COMAR 26.11.19.02G required RACT for sources in

the Baltimore and the Maryland portion of pre-enactment Washington DC

nonattainment areas with the potential to emit 100 TPY of

VOC and which were not subject to COMAR 26.11.11, 26.11.13, or

26.11.19.03--.15, Maryland's category-specific VOC RACT regulations.

In its June 1993 submittal, Maryland revised its generic major

source VOC RACT regulation to comply with the RACT Catch-up provisions

of section 182(b)(2) of the Act. The regulation was revised to make it

applicable statewide and to apply to ``major stationary sources of

VOC'' rather than to VOC sources that have the potential to emit

100 TPY. The term ``major stationary source of VOC,'' COMAR

26.11.19.01B(4), is defined as any stationary source with the potential

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

Arundel, Baltimore, Carroll, Cecil, Harford, and Howard Counties, and

(b) 50 TPY in the remainder of the State. Approval of the addition of

this term to Maryland's SIP was the subject of a separate rulemaking

action. (See 60 FR 2018.)

Furthermore, Maryland revised COMAR 26.11.19.02G to require non-CTG

generic VOC sources to notify Maryland by August 15, 1993 if they are

major sources subject to RACT. Under Maryland's regulation, these

sources were required to submit a written RACT proposal and schedule

for compliance by November 15, 1993. These sources must comply with

RACT, as determined by Maryland, by no later than May 15, 1995. Upon

Maryland's approval of a RACT proposal, the regulation requires the

State to either amend the source's permit to operate to incorporate the

RACT conditions, adopt a regulation that reflects the RACT requirement,

or issue an order that includes the RACT requirement. Finally, COMAR

26.11.19.02G states that Maryland will submit all RACT determinations

to EPA for approval via the federal rulemaking process for

incorporation into the SIP.

With Maryland's July 1995 submittal, the major sources threshold

for the Maryland portion of the Washington, DC ozone nonattainment area

was lowered to 25 TPY of VOC. The term ``major stationary source of

VOC,'' COMAR 26.11.19.01B(4), was revised 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, Montgomery, and Prince George's

Counties, and (b) 50 TPY in the remainder of the State.

In addition, Maryland revised COMAR 26.11.19.02G to require non-CTG

generic VOC sources with potential emissions between 25 and 50 TPY in

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

to notify Maryland by January 20, 1995 if they are major sources

subject to RACT. Under Maryland's regulation, these sources were

required to submit a written RACT proposal and schedule for compliance

by March 20, 1995. These sources were required to comply with RACT, as

determined by Maryland, by no later than May 15, 1995.

On May 13, 1998 (63 FR 26462), EPA approved Maryland's July 12,

1995 revision to the definition of the term ``major stationary source

of VOC,'' COMAR 26.11.19.01B(4), in a direct final rulemaking. This

approval was effective on July 13, 1998.

Maryland's minor VOC source regulation, COMAR 26.11.06.06, was also

submitted as part of Maryland's RACT Fix-ups. (See 58 FR 50307.) This

regulation was applicable in the Baltimore and the Maryland portion of

the pre-enactment Washington DC nonattainment areas. This regulation

exempted sources which were subject to other VOC regulations, including

RACT as established by Maryland pursuant to COMAR 26.11.19.02G.

Maryland amended COMAR 26.11.06.06A (Applicability) to expand the

applicability of COMAR 26.11.06.06C-E (VOC-Water Separators, VOC

Disposal, and Exceptions) statewide. Additionally, Maryland's minor

source regulation, COMAR 26.11.06.06B (Control of VOC from

Installations), was revised to add new requirements for sources located

in Cecil County and the counties which were added to the Maryland

portion of the Washington, DC nonattainment area, namely Calvert,

Charles, and Frederick Counties. Sources in these newly regulated

areas, Calvert, Cecil, Charles, and Frederick Counties, are required to

reduce their VOC emissions by 85 percent overall. Finally, COMAR

26.11.06.06A was revised to exempt sources ``subject to the provisions

of'' Maryland's generic major source VOC RACT regulation, COMAR

26.11.19.02G, from the requirements of COMAR 26.11.06.06. Thus, sources

subject to COMAR 26.11.19.02G, which have not yet had a RACT

determination approved by Maryland, are not subject to any VOC emission

standard.

EPA's Evaluation: Through revisions made to Maryland's minor source

VOC regulation, COMAR 26.11.06.06, its geographic applicability was

expanded, resulting in the regulation of sources which were previously

not regulated. However, other specific amendments to COMAR 26.11.06.06,

found at 26.11.06.06A, narrowed the applicability of COMAR 26.11.06.06B

such that certain sources in Maryland's pre-enactment nonattainment

areas that were previously subject to COMAR 26.11.06.06B are no longer

covered by any enforceable emissions limit until such time as Maryland

approves RACT standards for them pursuant to the requirements its

generic major VOC RACT regulation, COMAR 26.11.19.02G. This results in

a lapse of coverage for previously regulated non-CTG generic sources

major VOC sources in the State of Maryland.

Maryland's generic major source VOC RACT regulation, COMAR

26.11.19.02G, requires all case-by-case, category-specific or source-

specific RACT requirements to be submitted as SIP revisions to EPA. It

does not, itself, contain enforceable RACT standards for these major

non-CTG VOC sources. Because COMAR 26.11.19.02G does not, in and of

itself, fully satisfy the Act's requirements requiring for RACT on all

major VOC sources, it is not unconditionally approvable. The Act's

major source RACT requirements will be fully satisfied only when EPA

approves, as SIP revisions, actual RACT standards for all subject

sources in Maryland.

EPA's Rulemaking Determination

EPA has evaluated Maryland's generic major source VOC RACT

regulation and its minor VOC source regulations for consistency with

the Act and EPA regulations, and has found that they do not fully

comply with the Act's major source RACT requirements. Therefore, EPA is

conditionally approving the SIP revisions based upon Maryland meeting

its commitment to submit case-by-case RACT SIP revisions to EPA, no

later than twelve months from the effective date of EPA's final

conditional approval of the Maryland generic major VOC source RACT

regulation and its minor VOC source regulations, for all sources it has

identified as being subject to the major source RACT requirements.

[[Page 47177]]

Maryland submitted its commitment in a letter to EPA dated February 7,

1996. Once the State has satisfied this condition, EPA shall remove the

conditional status of its approval and the Maryland generic major VOC

source RACT regulation and its minor VOC source regulations SIP

revision will, for the time being, retain its limited approval status.

EPA is limitedly approving the Maryland generic major VOC source RACT

regulation and its minor VOC source regulations SIP revision on the

basis that its approval will strengthen the SIP. The limited approval

shall be converted to full approval once EPA has approved each of

Maryland's case-by-case RACT proposals as SIP revisions. This

conditional limited approval action is action that is being taken under

section 110 of the Clean Air Act.

Terms of and Rationale for Conditional Approval

EPA's rulemaking includes conditional approval of Maryland's VOC

regulations SIP revision, based upon the State's commitment to submit

for approval into the SIP, the case-by-case RACT proposals for all

sources subject to the RACT requirements currently known to MDE. The

State submitted this commitment in a letter to EPA dated February 7,

1996. The case-by-case RACT proposals must be submitted by a date

certain that is no later than 12 months after the effective date of

EPA's final conditional approval.

Therefore, to fulfill the condition of this approval the State

must, by no later than 12 months after the effective date of EPA's

final conditional approval of the generic major source VOC RACT

regulation and its minor VOC source regulations: (1) Certify that it

has submitted case-by-case RACT proposals for all sources subject to

the RACT requirements currently known to MDE; or (2) demonstrate that

the emissions from any remaining subject sources represent a de minimis

level of emissions, as defined below. Once EPA has determined that the

State has satisfied this condition, EPA shall remove the conditional

nature of its approval and the Maryland VOC regulations SIP revision

will, at that time, retain limited approval status. Should the State

fail to meet the condition specified above, the final conditional

limited approval of the Maryland VOC RACT regulation SIP revision shall

convert to a disapproval.

Even after the conditional status of EPA's approval of the Maryland

RACT regulation is removed, MDE must still continue to submit, and have

EPA approve into the Maryland SIP, RACT requirements for the remaining

de minimis amount of emissions. Therefore, removal of the conditional

status to limited approval status in no way changes MDE's statutory

obligation to implement RACT for all major sources.

Definition of De Minimis

For states with a generic major source VOC RACT regulation intended

to regulate all non-CTG VOC sources, de minimis is determined by

comparing the total 1990 emissions of all non-CTG VOC major sources in

the State, where a CTG had not been issued at the time of the state

submittal of the generic VOC RACT regulation with the total emissions

of those non-CTG VOC sources subject to the generic RACT where these

source-specific RACTs have not yet been approved by EPA. For example,

while not applicable to the Maryland generic RACT submittal, since EPA

has issued CTGs for shipbuilding and repair and wood furniture coatings

in August 1996 and May 1996, respectively, EPA's de minimis procedure

for a state submittal subsequent to August 1996 would require that all

RACTs for those CTG category sources and for shipbuilding and repair

and wood furniture coating be approved and that the de minimis

procedure as described in this notice apply only to those VOC emissions

from sources that are neither CTG sources or shipbuilding or wood

furniture sources. The VOC emissions from these remaining major sources

are still subject to the RACT requirement, but EPA can lift the

conditional status of its approval of the state generic RACT rule prior

to SIP approval for those sources that represent a de minimis amount of

VOC emissions.

In Maryland's case, the generic major VOC source RACT regulation

was originally submitted in April 1991. At that time, the regulation

was applicable in the Baltimore and the Maryland portion of the pre-

enactment Washington, DC, nonattainment areas. In June 1993, Maryland

submitted revisions to the generic major VOC source RACT regulation to

make it applicable statewide. No post-1990 CTGs were issued prior to

June 1993. Therefore, the VOC emissions from all non-CTG source

category are included in the pool of total VOC emissions used to

determine whether the amount of emissions remaining is de minimis.

Rationale for Limited Approval

The current Maryland SIP does not contain a general requirement

that all major sources must implement RACT, nor does it have a

provision requiring sources in Calvert, Cecil, Charles, and Frederick

Counties to reduce their VOC emissions by 85 percent overall. While EPA

does not believe that the Maryland generic major source VOC RACT

regulation and minor VOC source requirements satisfy the Act's RACT

requirements as discussed previously in this notice, EPA is also

granting limited approval of these VOC regulations on the basis that

they strengthen the Maryland SIP. Once EPA has approved all of the

case-by-case RACT proposals as SIP revisions, the limited approval will

convert to full approval.

EPA's review of this material indicates that conditional limited

approval is warranted. Further discussion and details of this

rulemaking action can be found in the accompanying technical support

document (TSD) prepared by EPA in support of this rulemaking. Copies of

the TSD may be obtained, upon request, from the EPA Regional office

listed in the ADDRESSES section of this notice. 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 November 3, 1998 without

further notice unless the Agency receives adverse comments by October

5, 1998.

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

withdrawing the final rule and informing the public that the rule will

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 November 3, 1998 and no further action will be

taken on the proposed rule.

Final Action

EPA is conditionally and limitedly approving the Maryland major

source VOC RACT regulation and minor source VOC regulations, COMAR

26.11.19.02G and COMAR 26.11.06.06 respectively. EPA is conditionally

and limitedly approving these SIP revisions based upon the commitment

made by Maryland to submit all the case-by-case RACT proposals for

sources it is currently aware of as being subject to

[[Page 47178]]

the major source RACT regulations. On February 7, 1996, Maryland

submitted a letter to EPA committing to: (1) complete submission of the

SIP revisions required by COMAR 26.11.19.02G containing RACT

determinations for the major VOC sources in the State that are subject

to the RACT rule, and (2) provide a written statement to EPA that, to

the best of its knowledge, it has completed submission of the SIP

revisions described above within one year of the effective date of the

final conditional limited approval of the Maryland generic major source

VOC RACT regulation.

Note that through its July 1995 SIP revision, Maryland lowered the

major source threshold for the Maryland portion of the Washington, DC

ozone nonattainment area to 25 TPY from the Clean Air Act required

threshold of 50 TPY. Thus, more sources are considered major in this

nonattainment area than required under the Act. In serious ozone

nonattainment areas such as the Washington, DC area, section 182 of the

Act requires RACT on sources with the potential to emit 50 TPY or more.

Therefore, when determining whether Maryland has met the conditions of

this rule, only sources with the potential to emit 50 TPY or more in

the Washington, DC area will be considered. However, in order for

Maryland to take credit for emission reductions from RACT on any 25-50

TPY sources in the Washington, DC area to meet other requirements of

the Act, RACT regulations for these sources must be submitted to EPA as

SIP revisions and approved into Maryland's 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 Orders 12866 and 13045

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

regulatory action from E.O. 12866 review. The final rule is not subject

to E.O. 13045, entitled ``Protection of Children from Environmental

Health Risks and Safety Risks,'' because it is not an ``economically

significant'' action under E.O. 12866.

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 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 and conditional approvals of SIP submittals under

section 110 and subchapter I, part D of the CAA 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, I certify 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).

If the conditional approval is converted to a disapproval under

section 110(k), based on the State's failure to meet the commitment, it

will not affect any existing state requirements applicable to small

entities. Federal disapproval of the state submittal does not affect

its state-enforceability. Moreover, EPA's disapproval of the submittal

does not impose a new Federal requirement. Therefore, EPA certifies

that this disapproval action does not have a significant impact on a

substantial number of small entities because it does not remove

existing requirements nor does it substitute a new federal requirement.

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, EPA's conditional limited approval of

revisions to the Maryland State Implementation Plan pertaining to

Maryland's major VOC source RACT and minor VOC source requirements,

COMAR 26.11.19.02G and COMAR 26.11.06.06, must be filed in the United

States Court of Appeals for the appropriate circuit by November 3,

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).)

[[Page 47179]]

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone.

Dated: August 12, 1998.

W. Michael McCabe,

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) (133),

(134), and (135) to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(133) Limited approval of 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 additions 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) Addition of COMAR 26.11.19.02G, Control of Major Sources of

Volatile Organic Compounds, pertaining to major VOC source RACT

requirements, adopted by the Secretary of the Environment on March 9,

1991 and effective on May 8, 1991.

(ii) Additional Material.

(A) Remainder of the April 5, 1991 Maryland State submittal

pertaining to COMAR 26.11.19.02G.

(134) Limited approval of revisions to the Maryland State

Implementation Plan submitted on June 8, 1993 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) Letter of June 8, 1993 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 26.11.06.06, Volatile Organic Compounds,

pertaining to minor source VOC requirements, adopted by the Secretary

of the Environment on March 26, 1993, and effective on April 26, 1993.

(1) Amendments to COMAR 26.11.06.06A, Applicability.

(2) Amendments to COMAR 26.11.06.06B, Control of VOC from

Installations.

(C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary

Sources of Volatile Organic Compounds, pertaining to major VOC source

RACT requirements, adopted by the Secretary of the Environment on March

26, 1993, and effective on April 26, 1993.

(ii) Additional Material.

(A) Remainder of the June 8, 1993 Maryland State submittal

pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR

26.11.19.02G.

(135) Limited approval of 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 26.11.19.02G, Control of Major Stationary

Sources of Volatile Organic Compounds, pertaining to major VOC source

RACT requirements, 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 26.11.19.02G.

3. Section 52.1073 is amended by adding paragraph (e) to read as

follows:

Sec. 52.1073 Approval status.

* * * * *

(e) Conditional limited approval of revisions to the Maryland State

Implementation Plan, pertaining to Maryland's major VOC source RACT and

minor VOC source requirements, COMAR 26.11.19.02G and COMAR

26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12,

1995 by the Maryland Department of the Environment.

4. Section 52.1072 is amended by adding paragraph (d) to read as

follows:

Sec. 52.1072 Conditional approval.

* * * * *

(d) Revisions to the Maryland State Implementation Plan pertaining

to Maryland's major VOC source RACT and minor VOC source requirements,

COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991,

June 8, 1993, and July 12, 1995 by the Maryland Department of the

Environment are conditionally approved. Maryland must meet the

following conditions by no later than 12 months after the publication

of the final conditional rulemaking. These conditions are: Maryland

certify that it has submitted case-by-case RACT proposals for all

sources subject to the RACT requirements; or demonstrate that the

emissions from any remaining subject sources represent a de minimis

level of emissions, as defined in the final rulemaking notice.

(i) Additional Material.

(A) Letter of February 7, 1996 from the Maryland Department of the

Environment agreeing to meet certain conditions by no later than 12

months after the publication of the final conditional rulemaking. These

conditions are: Maryland submit case-by-case RACT proposals for all

sources subject to the RACT requirements; Maryland certify that, to the

best of its knowledge, there are no other sources subject to the RACT

requirements.

[FR Doc. 98-23504 Filed 9-3-98; 8:45 am]

BILLING CODE 6560-50-P