Federal Register / Vol. 68, No. 39 / Thursday, February 27, 2003 / Rules and Regulations 9009

a. Individually addressed copies of 

different editions of a Periodicals 

publication (one title) or individually 

addressed copies of different Periodicals 

publications (more than one title) are 

merged and sorted together to obtain a 

finer presort level. 

b. Two or more copies of different 

Periodicals publications (two or more 

titles) are placed within the same 

mailing wrapper and presented as one 

addressed piece to a single recipient to 

reduce the per piece charge. 

2.0 BASIC STANDARDS 

2.1 Eligibility and Mail Preparation 

Each publication in a combined 

mailing must meet the basic eligibility 

standards in E211 and the specific 

standards for the rate claimed. In 

addition, the combined mailing must 

meet the eligibility and mail preparation 

standards for the rate claimed. 

2.2 Minimum Volume 

For combined mailings prepared 

under 1.2a, more than one Periodicals 

publication, or edition of a publication, 

may be combined to meet the required 

minimum volume per package, sack, or 

tray for the rate claimed. For combined 

mailings prepared under 1.2b, the 

appropriate minimum volume 

requirements in M210, M220, M810, or 

M820 apply for the rate claimed. 

2.3 Labeling 

All sacks or trays in a combined 

mailing are labeled the same, as either 

‘‘NEWS’’ (see M031) or as ‘‘PER,’’

depending on which of the following 

conditions is met: 

a. If at least 51% of the total number 

of copies in the combined mailing can 

qualify for ‘‘NEWS’’ treatment, then all 

sacks or trays in such a mailing are 

labeled ‘‘NEWS,’’ unless the mailer 

chooses to use ‘‘PER.’’

b. If less than 51% of the total number 

of copies in a combined mailing can 

qualify for ‘‘NEWS’’ treatment, then all 

sacks or trays in such a mailing are 

labeled ‘‘PER.’’

2.4 Documentation 

Presort documentation required under 

P012 must show the total number of 

addressed pieces and total number of 

copies for each publication and each 

edition, if applicable, in the combined 

mailing claimed at the carrier route, 5-

digit, 3-digit, and basic rates. The 

publisher must also provide a list, by 3-

digit ZIP Code prefix, of the number of 

addressed pieces for each publication 

and each edition, if applicable, claimed 

at any destination entry and pallet 

discounts. 

2.5 Postage Statements 

Postage statements for a combined 

mailing must be prepared as follows: 

a. Copy weight and advertising 

percentage determine whether separate 

postage statements are required for 

editions of the same publication: 

(1) If the copy weight and advertising 

percentage for all editions of a 

publication are the same, all the 

editions may be reported on the same 

postage statement or each edition may 

be reported on a separate postage 

statement. 

(2) If either the copy weight or the 

advertising percentage is different for 

each edition of a publication, each 

edition must be reported on a separate 

postage statement. 

b. For a combined mailing prepared 

under 1.2a, a separate postage statement 

that claims all applicable per piece and 

per pound charges must be prepared for 

each publication or edition except as 

provided in 2.5a. The mailer must 

annotate on, or attach to, each postage 

statement, the title and issue date of 

each publication or edition included in 

the combined mailing and indicate that 

the pieces were prepared as part of a 

combined mailing under 1.2a. 

c. For mailings prepared under 1.2b, 

a separate postage statement claiming 

the applicable per pound charges must 

be prepared for each publication or 

edition in the combined mailing except 

as provided in 2.5a. The mailer must 

annotate on, or attach to, each postage 

statement, the title and issue date of 

each publication or edition included in 

the combined mailing and indicate that 

the copies were prepared as part of a 

combined mailing under 1.2b. The per 

piece charges must be claimed as 

follows: 

(1) If all copies in a combined mailing 

prepared under 1.2b are eligible for the 

Classroom or Nonprofit discount, the 

per piece charges must be claimed only 

on the postage statement for the 

publication that contains the highest 

amount of advertising. 

(2) If all copies in a combined mailing 

prepared under 1.2b are not eligible for 

the Classroom or Nonprofit discount, 

the per piece charges must be claimed 

only on the postage statement for the 

publication that contains the highest 

amount of advertising. 

(3) If a portion of the copies in a 

combined mailing prepared under 1.2b 

are eligible for the Classroom or 

Nonprofit discount and a portion are not 

eligible for those discounts, the per 

piece charges must be claimed only on 

the postage statement for the 

publication that contains the highest 

amount of advertising and is not eligible 

for the Classroom or Nonprofit discount. 

The Classroom or Nonprofit per piece 

discount must not be claimed.

* * * * *

An appropriate amendment to 39 CFR 

111 to reflect the changes will be 

published.

Neva R. Watson, 

Attorney, Legislative.

[FR Doc. 03–4418 Filed 2–26–03; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CT–068–7225a; A–1–FRL–7445–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; New Source Review/

Prevention of Significant Deterioration 

Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revisions 

submitted by the Connecticut 

Department of Environmental Protection 

(DEP). The revisions include new 

provisions that implement the core 

requirements of 1990 Clean Air Act 

Amendments (CAAA) regarding 

nonattainment New Source Review 

(NSR) in areas that have not attained the 

National Ambient Air Quality Standards 

(NAAQS). In addition, the changes 

amend the applicability requirements 

and certain other requirements of the 

Prevention of Significant Protection 

(PSD) program and NSR rules. Finally, 

the changes provide a definition for 

‘‘Practicably Enforceable’’ that would 

allow sources a streamlined approach to 

limit potential to emit for PSD/NSR 

applicability purposes. In aggregate, 

these revisions will substantially 

strengthen the DEP’s air permitting 

rules. 

This action is to approve the revisions 

to section 22a–174–1, ‘‘Definitions,’’

section 22a–174–2a, ‘‘Procedural 

Requirements for New Source Review 

and Title V Permitting,’’ and section 

22a–174–3a, ‘‘Permit to Construct and 

Operate Stationary Sources.’’ This 

action is being taken in accordance with 

the Clean Air Act (CAA or Act).

DATES: This rule will become effective 

on March 31, 2003.

ADDRESSES: Copies of the documents 

relevant to this action are available for 

inspection during normal business 

9010 Federal Register / Vol. 68, No. 39 / Thursday, February 27, 2003 / Rules and Regulations 

hours at the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, Region I, One 

Congress Street, 11th floor, Boston, MA; 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, Room B–108 West, 

1301 Constitution Avenue, NW., 

Washington DC; and the Bureau of Air 

Management, Department of 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630.

FOR FURTHER INFORMATION CONTACT:

Brendan McCahill, (617) 918–1652; email at McCahill.Brendan@EPA.GOV.

SUPPLEMENTARY INFORMATION:

I. Background 

On January 21, 2003 (68 FR 2722), 

EPA published a notice of proposed 

rulemaking (NPR) for the state of 

Connecticut. The NPR proposes 

approval of the revisions to section 22a–

174–1, ‘‘Definitions,’’ section 22a–174–

2a, ‘‘Procedural Requirements for New 

Source Review and Title V Permitting,’’

and section 22a–174–3a, ‘‘Permit to 

Construct and Operate Stationary 

Sources.’’ The formal SIP revision was 

submitted on June 14, 2002.

Provisions in these rules that only 

affect programs other that PSD and NSR 

have not been incorporated into the SIP 

by today’s action. For details, please 

contact the EPA regional office at the 

address given above. Furthermore, EPA 

is not taking action on portions of DEP’s 

submittal that address NOX increments. 

This aspect of the PSD Federal 

implementation plan remains in effect 

(see 40 CFR 52.382). The DEP has 

submitted other changes to the 

increment provisions of its SIP. EPA 

anticipates taking action on the NOX

increments and these other changes in 

a future action. 

EPA has recently promulgated 

revisions to certain portions of the 

Federal PSD and nonattainment NSR 

regulations (67 FR 80244 (Dec. 31, 

2002). These rules have an effective date 

of March 3, 2003. With respect to 

Connecticut’s rules relating to new 

source review, EPA has determined that 

Connecticut’s rules meet the 

requirements of 40 CFR part 51, subpart 

I, as currently in effect, and is taking no 

position on whether Connecticut will 

need to make changes to its new source 

review rules to meet requirements that 

EPA has promulgated, but are not yet 

effective, as part of new source review 

reform. 

In addition, while EPA is approving 

Connecticut’s PSD SIP, EPA recognizes 

that it has a responsibility to insure that 

all States properly implement their 

preconstruction permitting programs. 

EPA’s approval of Connecticut’s PSD 

program does not divest the Agency of 

the duty to continue appropriate 

oversight to insure that PSD 

determinations made by Connecticut are 

consistent with the requirements of the 

CAA, EPA regulations, and the SIP. 

EPA’s authority to oversee PSD program 

implementation is set forth in sections 

113, 167, and 505(b) of the Act. For 

example, section 167 provides that EPA 

shall issue administrative orders, 

initiate civil actions, or take whatever 

other enforcement action may be 

necessary to prevent construction of a 

major stationary source that does not 

‘‘conform to the requirements of’’ the 

PSD program. Similarly, section 

113(a)(5) provides for administrative 

orders and civil actions whenever EPA 

finds that a State ‘‘is not acting in 

compliance with’’ any requirement or 

prohibition of the Act regarding 

construction of new or modified 

sources. Likewise, section 113(a)(1) 

provides for a range of enforcement 

remedies whenever EPA finds that a 

person is in violation of an applicable 

implementation plan. 

The specific requirements of 

Connecticut’s SIP revision and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 

restated here. 

II. Response to Comments 

EPA did not receive any comments 

during the comment period. 

III. Final Action 

EPA is approving the SIP revision 

submitted by Connecticut on June 14, 

2002 as a revision to the SIP. 

IV. Regulatory Assessment 

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.). 

The Congressional Review Act, 5 

U.S.C. section 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 

Federal Register / Vol. 68, No. 39 / Thursday, February 27, 2003 / Rules and Regulations 9011

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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds.

Dated: February 19, 2003. 

Robert W. Varney, 

Regional Administrator, EPA New England.

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 H—Connecticut 

2. Section 52.370 is amended by 

adding paragraph (c)(91) to read as 

follows:

§ 52.370 Identification of plan.

* * * * *

(c) * * * 

(91) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on June 14, 

2002. 

(i) Incorporation by reference. 

(A) Connecticut’s amendments to 

Section 22a–174–1, Definitions except 

for the following sections: (4), (18), (20), 

(29), (44), (45), (60), (111), (112) and, 

(117). These regulations are effective in 

the state of Connecticut on March 15, 

2002. 

(B) Connecticut’s new Section 22a–

174–2a, Procedural Requirements for 

New Source Review and Title V 

Permitting except for the following 

sections: (a)(1) through (6); (b)(1) 

through (4); introduction to (b)(5); 

(b)(5)(D), (F) and, the last sentence of 

(G); (b)(9); (c)(2); clause after first 

comma ‘‘ * * * or order pursuant to 

section 22a–174–33(d) of regulations of 

Connecticut State Agency * * * ’’ in the 

introduction to (c)(6); (c)(6)(B) and (C); 

clause after first comma ‘‘ * * * or 

order pursuant to section 22a–174–33(d) 

of Regulations of Connecticut State 

Agencies * * * ’’ in (c)(9); reference to 

‘‘Title V’’ in title of (d); (d)(4)(A) 

through (D); (d)(7)(A) through (D); 

(d)(8)(A) and (B); reference to ‘‘Title V’’

in title of (e); (e)(2)(A) and (B); (e)(3)(D); 

(e)(5)(A) through (F); reference to ‘‘Title 

V permit’’ in (e)(6); reference to ‘‘22a–

174–33’’ in first clause of introduction 

to (f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and 

(2); (h)(1) through (3) and; (i)(1) through 

(3). These regulations are effective in the 

state of Connecticut on March 15, 2002. 

(C) Connecticut’s new Section 22a–

174–3a, Permit to Construct and 

Operate Stationary Sources except for 

the following sections: (a)(1)(C); 

(c)(1)(H); (d)(3)(J) and (M); references to 

‘‘Dioxin,’’ ‘‘PCDDs’’ and, ‘‘PCDFs’’ in 

Table 3a(i)–1 of (i)(1) and; (m)(1) 

through (8). These regulations are 

effective in the state of Connecticut on 

March 15, 2002. 

(ii) Additional materials. 

(A) Letter from the Connecticut 

Department of Environmental Protection 

dated June 14, 2002 submitting a 

revision to the Connecticut State 

Implementation Plan. 

For the State of Connecticut: 

3. In § 52.385, Table 52.385 is 

amended by revising existing entry in 

state citations for 22a–174–1, 

Definitions, and adding new entries in 

state citation for 22a–174–2a, 

Procedural Requirements for New 

Source Review and Title V Permitting 

and, 22a–174–3a, Permit to Construct 

and Operate Stationary Sources, to read 

as follows:

§ 52.385 EPA-approved Connecticut 

Regulations.

* * * * *

TABLE 52.385.—EPA-APPROVED REGULATIONS

Connecticut State 

citation Title/subject 

Dates 

Federal Register

citation 52.370 Explanations/description Date 

adopted by 

State 

Date approved by 

EPA 

* * * * * * * 

22a–174–1 ............ Definitions .................. 03/15/02 February 27, 2003. .... [Insert FR citation from 

published date].

.............. Adopting definitions 

applicable to PSD/

NSR program. 

* * * * * * * 

22a–174–2a .......... Procedural Requirements for New 

Source Review and 

Title V Permitting.

03/15/02 February 27, 2003. .... [Insert FR citation from 

published date].

.............. Provisions applicable 

to PSD/NSR in consolidated permit procedural requirements. 

* * * * * * * 

22a–174–3a .......... Permit to Construct 

and Operate Stationary Sources.

03/15/02 February 27, 2003. .... [Insert FR citation from 

published date].

.............. PSD/NSR program requirements as revised by the CAAA. 

9012 Federal Register / Vol. 68, No. 39 / Thursday, February 27, 2003 / Rules and Regulations 

[FR Doc. 03–4508 Filed 2–26–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MD 128–3097a; FRL–7450–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Revisions to Regulations for 

Permits, Approvals and Registration 

and Related Regulations

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). The revisions amend provisions to 

Maryland’s regulations for Permits, 

Approvals, and Registration and related 

changes to its regulations for General 

Emission Standards, Prohibitions, and 

Restrictions, and Volatile Organic 

Compounds from Specific Processes. 

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: Comments should be 

mailed to Harold A. Frankford, Office of 

Air Programs, Air Protection Division, 

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 the 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 1, 2001, the Maryland 

Department of the Environment (MDE) 

submitted formal revisions to its State 

Implementation Plan (SIP). The SIP 

revision consists of amendments to the 

Code of Maryland (COMAR) Regulations 

26.11.02, Permits, Approvals, and 

Registration that were adopted from 

1995 thorough 1999 and related 

amendments under COMAR 26.11.06, 

General Emission Standards, 

Prohibitions, and Restrictions, and 

COMAR 26.11.19, Volatile Organic 

Compounds from Specific Processes. 

The MDE has submitted all 

regulations under COMAR 26.11.02 for 

SIP approval except those relating to 

part 70 permits and those relating to 

fees. The MDE’s November 1, 2001 

submittal includes a table (Table 1of the 

submittal) which clearly indicates those 

regulations under COMAR 26.11.02 that 

are not to be considered as part of the 

SIP revision request. COMAR 26.11.02 

was amended in its entirety in 1995 to 

include part 70 requirements. The nonpart 70 requirements of COMAR 

26.11.02 are substantially the same as 

those already approved by EPA as SIP 

revisions. This rulemaking action 

approving the November 1, 2001 SIP 

revision request by MDE does not make 

substantial amendments to the SIP’s 

provisions of COMAR 26.11.02 already 

approved by EPA. Similarly, the related 

amendments made to COMAR 26.11.06, 

General Emission Standards, 

Prohibitions, and Restrictions, and 

COMAR 26.11.19, Volatile Organic 

Compounds from Specific Processes 

that are the subject of this rulemaking 

action do not change the substantive SIP 

requirements of those regulations 

previously approved by EPA. The 

specific amendments being approved by 

this rulemaking action are discussed in 

the next section of this document. 

II. Summary of the SIP Revisions 

EPA is approving the SIP revisions 

submitted by the MDE on November 1, 

2001. A description of each revision is 

provided in A–E of this section. 

A. The May 1995 Amendments 

On April 11, 1995, the MDE adopted 

several amendments to its Code 

including the repeal of Regulations .01–

.21 and the adoption of new Regulations 

.01–.19 under COMAR 26.11.02 Permits, 

Approvals, and Registration, an 

amendment to Regulation .06, Volatile 

Organic Compounds under COMAR 

26.11.06, General Emission Standards, 

Prohibitions, and Restrictions, and an 

amendment to Regulation .02 

Applicability, Determining Compliance, 

Reporting and General Requirements 

under COMAR 26.11.19, Volatile 

Organic Compounds from Specific 

Processes. All of these amendments 

were effective on May 8, 1995. 

The repeal of Regulations .01–.21 and 

the adoption of new Regulations .01–.19 

under COMAR 26.11.02 Permits, 

Approvals, and Registration did not 

substantially change the requirements of 

COMAR 26.11.02. Rather, when it recodified and reformatted these 

regulations, the MDE made several 

simple wording changes to clarify the 

text, correct typographical errors, and 

make wording changes to the text of 

these SIP regulations to clarify their 

requirements in light of the adoption of 

non-SIP permitting regulations to satisfy 

the requirements of 40 CFR part 70. The 

MDE’s November 1, 2001 submittal 

specifically indicates that Regulations 

.01B., .02D., .04C.(2), .11C., and .15 

regarding definitions and requirements 

related to part 70 Permits are not being 

requested for approval and 

incorporation into the SIP. 

The amendment to Regulation .06, 

Volatile Organic Compounds under 

COMAR 26.11.06, General Emission 

Standards, Prohibitions, and 

Restrictions clarifies that the hearing 

required by 26.11.06.06 E(4)e satisfies 

the requirement for public comment or 

hearing under COMAR 26.11.02.09–.14. 

The amendment to Regulation .02 

Applicability, Determining Compliance, 

Reporting and General Requirements 

under COMAR 26.11.19, Volatile 

Organic Compounds from Specific 

Processes clarifies that upon approval of 

a reasonably available control 

technology (RACT) standard for a major 

stationary source of volatile organic 

compounds (VOCs) that does not have 

a permit to operate, the MDE will 

require the source to apply for a permit 

under COMAR 26.11.02.13 and will 

issue a permit to operate that includes 

the RACT requirements.

B. The June 1997 Amendments 

On May 20, 1997, the MDE adopted 

revisions to Regulations .01, .06, .10, 

.11, .12, .14, .16 and .19 under COMAR 

26.11.02 Permits, Approvals, and 

Registration. These amendments were 

effective June 16, 1997. The MDE’s 

November 1, 2001 submittal specifically 

states that the amendments to 

Regulations .16 and .19 of COMAR 

26.11.02 are not being requested for 

approval and incorporation into the SIP. 

The MDE’s November 1, 2001 submittal 

also specifically states that the 

definition of the term ‘‘acid rain source’’

found at COMAR 26.11.02.01B(1) is not 

being requested for SIP approval.