Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds From Vinegar Generators and Leather Coating Operations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD069-3031a and MD070-3031a; FRL-6440-6]

Approval and Promulgation of Air Quality Implementation Plans;

Maryland; Control of Volatile Organic Compounds From Vinegar Generators

and Leather Coating Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two State Implementation Plan (SIP) revisions

submitted by the State of Maryland. These revisions include new

regulations which establish and require volatile organic compound (VOC)

emission control requirements for vinegar generators and leather

coating operations. The intended effect of this action is to approve

two new regulations to control VOCs into the Maryland SIP in accordance

with the Clean Air Act.

DATES: This direct final rule is effective on November 22, 1999 without

further notice, unless EPA receives adverse written comment by October

25, 1999. 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: Written comments should be mailed to Kathleen Henry, Chief,

Permits and Technical Assessment Branch, Mailcode 3AP11, 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;

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: Marilyn Powers, (215) 814-2308, or by

e-mail at [email protected]. While information may be

requested via e-mail, comments must be submitted in writing to the

above EPA Region III address.

SUPPLEMENTARY INFORMATION: On April 7, 1998, the State of Maryland

submitted two formal revisions to its State Implementation Plan (SIP).

The SIP revisions consist of amendments to existing Maryland state

regulation COMAR 26.11.19, ``Control of Volatile Organic Compounds from

Specific Sources''. The purpose of the amendments to COMAR 26.11.19 is

to establish new regulations for VOC emission control requirements for

two source categories: Vinegar Generators and Leather Coating

Operations. This revision was submitted to satisfy the requirements of

sections 182 and 184 of the Clean Air Act to implement reasonably

available control technology (RACT) on major sources of VOCS.

A. Summary of the SIP Revisions

Existing SIP-approved COMAR 26.11.19 establishes control

requirements of VOC emissions from specific sources. The amendments to

COMAR 26.11.19 establish new regulations for vinegar generators and

leather coating operations, which are sources of VOC emissions. The new

regulations require RACT for these specific source categories. COMAR

26.11.19.22 (Regulation .22) establishes VOC emission control

requirements for vinegar generators and COMAR 26.11.19.24 (Regulation

.24) establishes VOC emission control requirements for leather coating

operations. COMAR 26.11.19.22 and 26.11.19.24 apply statewide to

facilities with a total VOC emission rate of 20 pounds or more per day.

A summary of the provisions of each regulation is provided below.

Requirements for Vinegar Generators--COMAR 26.11.19.22

Installation of a scrubber-absorber system with an overall control

efficiency of 85 percent or more is required. After initial stack

testing, a stack test to demonstrate compliance must be completed every

five years, or upon request of the Maryland Department of the

Environment (MDE). Stack test results must be submitted to MDE within

60 days after completion of each test. A water flow meter must be

installed on each scrubber-absorber system, with continuous monitoring

of the water flow. The water flow rate to the scrubber-absorber shall

be as prescribed in the source's operating permit. Water flow data must

be recorded and maintained for at least three years and made available

to the MDE on request.

Requirements for Leather Coating Operations--COMAR 26.11.19.24

One of the following two methods must be used to reduce emissions:

The use of coatings not exceeding 3.5 pounds of VOC per gallon of

coating applied minus water and exempt solvents, or installation of a

control device that reduces overall facility VOC emissions by 85

percent or more. If compliance is achieved through the use of low VOC

coatings, a list of all coatings used to achieve compliance must be

submitted to MDE. Monthly records must be maintained showing the total

volume of each coating used and the total facility VOC emissions. If

compliance is achieved through the use of a control device, an initial

stack test must be performed followed by stack testing every three

years to demonstrate compliance. Stack test results must be submitted

to MDE within 60 days after completion of each test. For each method,

records must be maintained on site for at least three years, and made

available to MDE upon request.

B. EPA's Evaluation of the SIP Revisions

EPA has determined that the control requirements of COMAR

26.11.19.22 and 26.11.19.24 constitute an acceptable level of RACT on

vinegar generators and leather coating operations, respectively.

EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial submittal 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 comments be filed. This rule will be effective November 22,

1999 without further notice unless the Agency receives adverse comments

by October 25, 1999. If EPA receives such comments, then EPA will

publish a timely withdrawal of the direct final rule 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 this rule.

Parties interested in commenting should do so at this time. If no such

comments are received, the public is advised that this rule will be

effective on November 22, 1999 and no further action will be taken on

the proposed rule.

I. Final Action

EPA is approving the new regulations COMAR 26.11.19.22 Control of

VOCs from Vinegar Generators and COMAR 26.11.19.24 Control of VOCs from

Leather Operations submitted by the State of Maryland on April 7, 1998,

as revisions to the Maryland SIP.

[[Page 51446]]

II. Administrative Requirements

A. Executive Order 12866

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

regulatory action from review under E.O. 12866, entitled ``Regulatory

Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If EPA complies by consulting, E.O. requires EPA to

provide to the Office of Management and Budget a description of the

extent of EPA's prior consultation with representatives of affected

state, local, and tribal governments, the nature of their concerns,

copies of written communications from the governments, and a statement

supporting the need to issue the regulation. In addition, E.O. 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local, and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

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

Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies

to any rule that the EPA determines (1) is ``economically

significant,'' as defined under E.O. 12866, and (2) the environmental

health or safety risk addressed by the rule has a disproportionate

effect on children. If the regulatory action meets both criteria, the

Agency must evaluate the environmental health or safety effects of the

planned rule on children and explain why the planned regulation is

preferable to other potentially effective and reasonably feasible

alternatives considered by the Agency.

This final rule is not subject to E.O. 13045 because it is not an

economically significant regulatory action as defined by E.O. 12866,

and it does not address an environmental health or safety risk that

would have a disproportionate effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If EPA complies by

consulting, Executive Order 13084 requires EPA to provide to the Office

of Management and Budget, in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, Executive Order 13084

requires EPA to develop an effective process permitting elected and

other representatives of Indian tribal governments ``to provide

meaningful and timely input in the development of regulatory policies

on matters that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the communities

of Indian tribal governments. This action does not involve or impose

any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, 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).

F. 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

annual 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 annual 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.

G. Submission to Congress and the Comptroller General

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).

H. Petitions for Judicial Review

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

judicial review of this action to approve revisions to Maryland's SIP

to control VOCs from two source categories (vinegar generators and

leather coating

[[Page 51447]]

operations) must be filed in the United States Court of Appeals for the

appropriate circuit by November 22, 1999. 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, Ozone, Reporting and recordkeeping

requirements.

Dated: September 3, 1999.

W. Michael McCabe,

Regional Administrator, Region III.

40 CFR part 52, subpart V of chapter I, title 40 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) (137) and

(138) as follows:

Sec. 52.1070 Identification of plan.

* * * * *

(c) * * *

(137) Revision to the Maryland State Implementation Plan submitted

on April 7, 1998 by the Maryland Department of the Environment

establishing reasonably available control technology (RACT) for two

additional VOC source category under COMAR 26.11.19, ``Volatile Organic

Compounds from Specific Processes.''

(i) Incorporation by reference.

(A) Letter dated April 7, 1998 from the Maryland Department of the

Environment transmitting revisions to Maryland's air quality regulation

COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,

1997 and effective August 11, 1997.

(B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic

Compounds from Vinegar Generators''.

(ii) Additional Material--Remainder of Maryland Department of the

Environment's April 7, 1998 submittals pertaining to Vinegar

Generators.

(138) Revision to the Maryland State Implementation Plan submitted

on April 7, 1998 by the Maryland Department of the Environment

establishing reasonably available control technology (RACT) for an

additional VOC source category under COMAR 26.11.19, ``Volatile Organic

Compounds from Specific Processes.''

(i) Incorporation by reference.

(A) Letter dated April 7, 1998 from the Maryland Department of the

Environment transmitting revisions to Maryland's air quality regulation

COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,

1997 and effective August 11, 1997.

(B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic

Compounds from Leather Coating Operations''.

(ii) Additional Material--Remainder of Maryland Department of the

Environment's April 7, 1998 submittals pertaining to Leather Coating

Operations.

[FR Doc. 99-24686 Filed 9-22-99; 8:45 am]

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