[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Rules and Regulations]
[Page 9017-9019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-15]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD141/142-3095a; FRL-7450-2]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). One revision removes from the
SIP the state ambient air quality standard for hydrocarbons. The other
revision removes an outdated citation of a current SIP provision
regarding the granting of visible emissions exceptions by control
officers. EPA is approving these revisions in accordance with the
requirements of the Clean Air Act.
DATES: This rule is effective on April 28, 2003 without further notice,
unless EPA receives adverse written comment by March 31, 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: Written comments should be addressed to Harold A. Frankford,
Office of Air Programs, Mailcode 3AP20, 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, 1301
Constitution Avenue, NW., Room B108, Washington, DC 20460; and Maryland
Department of the Environment, 1800 Washington Boulevard, Suite 705,
Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 18, 2002 and November 26, 2002, the State of Maryland
submitted formal revisions to its State Implementation Plan (SIP).
These revisions consists of the removal of outdated and redundant
provisions from the Maryland SIP. The November 18, 2002 revision
(85-03) removes the ambient air quality standard for
hydrocarbons. The November 26, 2002 revision (84-06) removes a
provision from Maryland's regulations governing control of fuel burning
equipment and internal stationary sources.
II. Summary of SIP Revisions
The fuel burning equipment provision being reviewed in this action
allows control officers to grant visible emissions exceptions for small
residential units and small heating
[[Page 9018]]
equipment in State Air Quality Regions I, II, V, and VI, which
comprises the following counties: Allegany, Calvert, Cecil, Charles,
Dorchester, Frederick, Garrett, Kent, Queen Anne's, Saint Mary's,
Somerset, Talbot, Washington, Wicomico, and Worcester. Before December
3, 1984, this rule had been cited in the Code of Maryland
Administrative Regulations (COMAR) at COMAR 10.18.09.05A(3)(b) (i) and
(ii). In a State action which became effective on December 3, 1984,
Maryland removed these provisions from COMAR 10.18.09.05A and merged
them with its general visible emissions exceptions regulation,
currently cited in the Maryland SIP as COMAR 26.11.06.02B. In a letter
dated January 9, 2003 to EPA, Maryland reiterated that the intent of
Revision 84-06 was to move the provisions which allows control officers
to grant visible emissions exceptions from COMAR 10.18.09.05 A(3)(b)
(i) and (ii) to COMAR 26.11.06.02B(5) (a) and (b). On February 12,
2001(66 FR 9764), EPA had approved the provisions to COMAR
26.11.06.02B(5) (a) and (b) as revisions of the Maryland SIP, but had
not indicated in this action that these provisions represented a merger
with an existing SIP-approved rule. See, 40 CFR
52.1070(c)(153)(i)(E)(1). In this action, EPA is formally removing
COMAR 10.18.09.05A(3)(b)(i) and (ii) from the Maryland SIP, in
accordance with the intent of Maryland's 1984 rulemaking action.
With regard to the ambient air quality standard for hydrocarbons,
EPA had removed this pollutant from the list of national ambient air
quality standards (NAAQS) cited in 40 CFR part 50 on January 5, 1983
(48 FR 629). In response to EPA's action, Maryland removed the state
hydrocarbons standard from COMAR 10.18.03, effective October 14, 1985.
After EPA reviewed the history of Maryland's formal SIP actions taken
since 1985, it was not clear whether EPA had received a formal request
from Maryland to remove the State's ambient hydrocarbons standard from
the SIP. Therefore, on November 18, 2002, Maryland submitted a formal
SIP revision request reaffirming its intent to remove this provision
from the SIP.
Given the history of the State and EPA rulemaking actions
associated with these two provisions, EPA regards these revisions as
``housekeeping'' actions with no impact on Agency policy, ambient air
quality, or enforceability.
III. Final Action
EPA is approving the removal of the visible emissions exceptions
provision cited at COMAR 10.18.09.05A(3)(b)(i) and (ii). As explained
earlier in this action, the actual provision remains in the SIP, but in
a different location within Maryland's air pollution control
regulations. EPA is also approving the removal of Maryland's ambient
air quality standard for hydrocarbons from the Maryland SIP.
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 April 28, 2003 without further
notice unless EPA receives adverse comment by March 31, 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.
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 significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 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
[[Page 9019]]
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 April 28, 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 miscellaneous Maryland SIP
revisions 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, Ozone, Particulate matter.
Dated: February 4, 2003.
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)(180) to read
as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(180) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on November 18, 2002 and November 26, 2002 by the
Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 18, 2002 from the Maryland Department of the
Environment transmitting the removal of Code of Maryland Administrative
Regulation (COMAR) 10.18.03.08--the State ambient air quality standard
for hydrocarbons.
(B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
(C) Letter of November 26, 2002 from the Maryland Department of the
Environment transmitting revisions to COMAR 10.18.09.05 regarding the
removal of provisions granting visible emissions exceptions by control
officers in Maryland Areas I, II, V, and VI.
(D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii),
effective December 3, 1984.
(ii) Additional Material.
(A) Remainder of the State submittals pertaining to the revisions
listed in paragraph (c)(180)(i) of this section.
(B) Letter dated January 9, 2003 from the Maryland Air and
Radiation Management Administration to the Environmental Protection
Agency, Region III, clarifying the reasons for removing the provisions
of COMAR 10.18.09.05B(3)(i) and (ii).
[FR Doc. 03-4516 Filed 2-26-03; 8:45 am]
BILLING CODE 6560-50-P