[Federal Register: August 6, 2003 (Volume 68, Number 151)]
[Rules and Regulations]
[Page 46487-46489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au03-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD140-3094a; FRL-7523-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revisions to Visible Emissions and Sulfur Dioxide Testing
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revision consists of
amendments to Maryland's general air quality emission standards,
prohibitions and restrictions affecting visible emissions, particulate
matter and sulfur compounds from sources other than fuel burning
equipment. EPA is approving these revisions in accordance with the
requirements of the Clean Air Act.
DATES: This rule is effective on October 6, 2003 without further
notice, unless EPA receives adverse written comment by September 5,
2003. If EPA receives such comments, it 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 submitted either by mail or electronically.
Written comments should be mailed to Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to morris.makeba@epa.gov or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part III of the
Supplementary Information section. 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, 1301 Constitution Avenue, NW., Room B108,
Washington, DC 20460; and the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Kathleen Anderson, (215) 814-2173, or
by e-mail at anderson.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 6, 2002, the Maryland Department of the Environment
(MDE) submitted a formal revision to its SIP (02-05)
consisting of amendments to Code of Maryland's Administrative
Regulations (COMAR) 26.11.06 General Emission Standards, Prohibitions
and Restrictions. This regulation contains general provisions that
apply to an installation when no other pollutant or source specific
requirement exists. The specific revisions to Regulations .02 .03, and
.05 remove applicability of the visible emission standard for sources
with particulate matter emission controls; expand applicability of
unconfined emission requirements; remove prohibitions on visible
emissions beyond a source's property line; expand certain visible
emission exceptions; and require an adjustment to sulfur compound
(SOx) test results.
II. Summary of SIP Revision
A. Visible and Particulate Matter Emission Standards
Regulation .03 of COMAR 26.11.06 establishes general particulate
matter emissions standards for sources in the State. Subsection .03C
specifically addresses particulate matter emissions from unconfined
sources that are not discharged into the outdoor atmosphere through a
stack, duct, hood, flue, or other conduit. The regulation requires
these sources to take reasonable precautions, approved by the Maryland
Department of the Environment (MDE), to prevent particulate matter from
becoming airborne. Reasonable precautions include the installation and
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use of hoods, fans, and dust collectors to enclose, capture, and vent
emissions.
Subsection .03D establishes requirements for controlling
particulate matter from materials handling and construction and
prohibits material to be handled, transported, or stored, or a
building, its appurtenances, or a road to be used, constructed,
altered, repaired, or demolished without taking reasonable precautions
to prevent particulate matter from becoming airborne.
Prior to this SIP revision, the provisions in Regulation .03C were
applicable in only certain areas of the State. Furthermore, sources
that did comply with the requirement to install measures to prevent
airborne particulate matter emissions were still subject to the State's
visible emissions standards. The revisions approved in today's action
will expand applicability of the requirements for unconfined sources to
the entire state. This SIP revision also amends the applicability of
the general visible emissions standard in Regulation .02 to exclude
those unconfined sources that comply with Subsection .03C and those
materials handling and construction activities that comply with .03D.
In other words, the latter sources that install and implement
reasonable controls, approved by MDE, to control particulate matter are
excluded from the general visible emission standard. Finally, to be
consistent with the exclusions for materials handling and construction
activities, the SIP revision also removes the prohibition on visible
emissions at the property line for these activities.
B. Sulfur Oxides Testing
COMAR 26.11.06.05 establishes SOx emission limits for
process installations other than fuel burning equipment. COMAR
26.11.06.05A requires calculations of emissions to be adjusted to
standard conditions as defined in COMAR 26.11.01.01B(46). This section
is being amended to require that the calculations of emissions also be
adjusted to 7 percent oxygen to assure that the test results are not
diluted with excess air.
III. Final Action
EPA is approving the revisions to COMAR 26.11.06, General Emission
Standards, Prohibitions, and Restrictions, submitted to EPA on November
6, 2002. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on October 6, 2003 without further
notice unless EPA receives adverse comment by September 5, 2003. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number MD140-3094a in the subject line on the first page
of your comment. Please ensure that your comments are submitted within
the specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
morris.makeba@epa.gov, attention MD140-3094a. EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov
, then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or
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significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also
does not have tribal implications because it will not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 6, 2003. 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 to approve revisions to MDE's regulations
at COMAR 26.11.06, General Emission Standards, Prohibitions, and
Restrictions, 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, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: June 26, 2003.
Donald S. Welsh,
Regional Administrator, Region III.
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40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
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2. Section 52.1070 is amended by adding paragraph (c)(181) to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(181) Revisions to the Code of Maryland's Administrative
Regulations (COMAR) for particulate matter, visible emissions and
sulfur compounds submitted on November 6, 2002 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 6, 2002 from the Maryland Department of the
Environment transmitting the revision consisting of housekeeping and
clarification amendments to Regulations .02, .03, and .05 under COMAR
26.11.06 General Emission Standards, Prohibitions and Restrictions.
(B) The following amendments to COMAR 26.11.06--General Emission
Standards, Prohibitions and Restrictions, effective November 11, 2002:
(1) Addition of COMAR 26.11.06.02A(1)(k).
(2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C
(introductory paragraph), .03C(1), and .05A.
(3) Removal of COMAR 26.11.06.02C(3).
(ii) Additional Material.--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(181)(i) of this
section.
[FR Doc. 03-19922 Filed 8-5-03; 8:45 am]
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