[Federal Register: September 20, 2004 (Volume 69, Number 181)]
[Rules and Regulations]
[Page 56170-56171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se04-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD153-3111; FRL-7813-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Revised Major Stationary Source Applicability for Reasonably
Available Control Technology and Permitting and Revised Offset Ratios
for the Washington Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 changes
in Maryland's regulations for new source permitting for major sources
of volatile organic compound (VOC) and nitrogen oxides (NOX)
emissions and regulations requiring reasonably available control
technology on major stationary sources of nitrogen oxides in the
Washington, DC ozone nonattainment area. The revision modifies the
currently approved SIP to make the following changes applicable in the
Washington, DC ozone nonattainment area: modify the emissions offset
ratio; lower the applicability threshold of the new source review (NSR)
permit program; and, lower the applicability threshold of the
NOX reasonable available control technology (NOX
RACT) rule. Maryland made these changes in response to the
reclassification of the Washington, DC ozone nonattainment area to
severe nonattainment. The intended effect of this action is to approve
these changes to Maryland's NSR permitting program and NOX
RACT regulations for the Washington, DC ozone nonattainment area.
EFFECTIVE DATE: This final rule is effective on October 20, 2004.
ADDRESSES: 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: Christopher Cripps, (215) 814-2179, or
by e-mail at cripps.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 14, 2004, (69 FR 32928), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland. The NPR proposed approval
of a SIP revision that pertains to changes in Maryland's regulations
for new source permitting for major sources of VOC and NOX
emissions and NOX RACT regulations requiring RACT on major
stationary sources of NOX emissions in the Washington, DC
ozone nonattainment area. The formal SIP revision was submitted by
Maryland on December 1, 2003.
II. Summary of SIP Revision
On December 1, 2003, the Maryland Department of the Environment
submitted a revision (MD SIP Revision Number 03-08) to the Maryland
State Implementation Plan (SIP) for the Washington, DC ozone
nonattainment area. This revision amends the approved Maryland SIP to:
revise the definition of major stationary source in the Code of
Maryland Regulations (COMAR) 26.11.17.01B(13); incorporate changes in
the general provisions found in COMAR 26.11.17.03B(3), which require
proposed new major stationary sources to obtain emission reductions, or
offsets, of the same pollutant from existing sources in the area of the
proposed source at a ratio of 1.3 tons of existing emissions for every
1 ton of proposed emissions; and change the threshold of applicability
of Maryland's NOX RACT regulation, COMAR 26.11.09.08 to
sources with emission of 25 or more tons per year of NOX.
Other specific requirements of these changes to COMAR
26.11.17.01B(13), COMAR 26.11.17.03B(3) and COMAR 26.11.09.08 and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. No public comments were received on the NPR.
III. Final Action
EPA is approving changes to COMAR 26.11.17.01B(13), COMAR
26.11.17.03B(3) and COMAR 26.11.09.08 submitted by the Maryland
Department of the Environment on December 1, 2003 as a revision to the
Maryland SIP.
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 (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
[[Page 56171]]
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 November 19, 2004. 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 Maryland's December 1, 2003 SIP
revision pertaining to changes to Maryland's regulations for permitting
of major sources of VOC and NOX emissions and for
NOX RACT regulations 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 3, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
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)(191) to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
(191) Revision to the Maryland Regulations pertaining to changes to
control of fuel-burning equipment, stationary internal combustion
engines and certain fuel-burning installations and to changes to
requirements for major new sources and modifications submitted on
December 1, 2003 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of December 1, 2003 from the Maryland Department of the
Environment transmitting changes to control of fuel-burning equipment,
stationary internal combustion engines and certain fuel-burning
installations and to changes to requirements for major new sources and
modifications in Maryland's air quality regulations, Code of Maryland
Administrative Regulations (COMAR).
(B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of
NOX emissions for major stationary sources adopted by the
Secretary of the Environment on October 21, 2003, and effective on
November 24, 2003.
(1) Revision to COMAR 26.11.09.08A(1)(a).
(2) Deletion of COMAR 26.11.09.08A(1)(b).
(3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR
26.11.09.08A(1)(b).
(C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements
for major new sources and modifications adopted by the Secretary of the
Environment on October 21, 2003, and effective on November 24, 2003.
(1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii).
(2) Deletion of COMAR 26.11.17.01B(13)(a)(iii).
(3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to
01B(13)(a)(iii), and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv).
(D) Revisions to COMAR 26.11.17.03B pertaining to requirements for
major new sources and modifications adopted by the Secretary of the
Environment on October 21, 2003, and effective on November 24, 2003.
(1) Revision to COMAR 26.11.17.03B(3)(a).
(2) Deletion of COMAR 26.11.17.03B(3)(b).
(3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and
03B(3)(d) to 03B(3)(c).
(ii) Additional Material--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(191)(i) of this
section.
[FR Doc. 04-21063 Filed 9-17-04; 8:45 am]
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