9764 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations.

Signed at Washington, DC, this 7th day of

February, 2001.

Raymond J. Uhalde,

Deputy Assistant Secretary, Employment and

Training Administration.

[FR Doc. 01–3515 Filed 2–9–01; 8:45 am]

BILLING CODE 4510–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD105–3054; FRL–6916–6]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; Approval of Opacity

Recodifications and Revisions To

Visible Emissions Requirements

COMAR 26.11.06.02

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 include the

recodification of Maryland’s general

opacity regulations as well as the

addition of procedures whereby a

source may apply for and be granted a

federally enforceable alternative visible

emission standard. EPA is approving

these revisions to Maryland’s SIP in

accordance with the requirements of the

Clean Air Act.

DATES: This rule is effective on April 13,

2001 without further notice, unless EPA

receives adverse written comment by

March 14, 2001. 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 mailed to Mr. Denis Lohman, Acting

Chief, Technical Assessment Branch,

Mailcode 3AP22, 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 Maryland

Department of the Environment, 2500

Broening Highway, Baltimore,

Maryland, 21224.

FOR FURTHER INFORMATION CONTACT:

Ruth E. Knapp, (215) 814–2191, or by email at knapp.ruth@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Summary of the SIP Revision

On March 21, 1991 and November 5,

1997, the State of Maryland submitted

formal revisions to its State

Implementation Plan (SIP). The SIP

revisions consist of a recodification of

Maryland’s general opacity regulations

and the addition of procedures whereby

a source may apply for and receive a

federally enforceable alternative visible

emission standard. In the 1991

submittal, Maryland recodified all of its

general opacity regulations as part of the

State Air and Radiation Management

Administration’s (ARMA) transfer from

the Department of Health and Mental

Hygiene (DHMH) to the Maryland

Department of the Environment (MDE).

As a result, the applicable citations have

been revised from COMAR 10.18.06.02

and .03 to COMAR 26.11.06.02. In

addition, Maryland has recodified its

provisions governing control of

particulate matter from materials

handling and construction by separating

the applicable visible emissions

provisions from the applicable

particulate matter control provisions. As

a result, Maryland has revised the

citation of the particulate matter

provisions related to materials handling

and construction from COMAR

10.18.06.03D(1) to COMAR

26.11.06.03D, while moving the

applicable visible emissions provisions

from COMAR 10.18.06.03D(2) to

COMAR 26.11.06.02C(3). In the 1997

submittal, Maryland revised COMAR

26.11.06.02B to include specific

procedures by which a source may

apply for and be granted a federally

enforceable alternative visible emission

standard. On February 6, 1998,

Maryland also submitted an additional

provision, COMAR 26.11.06.02A(1)(j)

[General Exceptions—Emissions at

Federal Facilities] as a SIP revision. EPA

will act upon this SIP revision request

in a separate rulemaking action.

On November 3, 1992 (57 FR 49651),

EPA approved the general COMAR

recodification scheme as a revision of

the Maryland SIP (See, 40 CFR

52.1070(c)(90). However, that action did

not include the recodification of

Maryland’s general opacity and the

aforementioned particulate matter

control provisions. EPA is now

approving these revised COMAR

citations of Maryland’s general opacity

and particulate matter control

provisions as a revision of the Maryland

SIP. There are no substantive revisions

to the wording of these SIP provisions.

The revised citations are summarized

below:

Provision title/Subject matter Current SIP citation Revised SIP citation

• General Exceptions—Open fires (except salamanders) ..................................................... 10.18.06.02D(2) 26.11.06.02A(1)(b)

• General Exceptions—Fugitive emissions from iron and steel production installations ....... 10.18.06.02D(3) 26.11.06.02A(1)(c)

• General Exceptions—Fugitive emissions from metallurgical, slot-type, byproduct coke

ovens .................................................................................................................................... 10.18.06.02D(4) 26.11.06.02A(1)(d)

• General Exceptions—Fugitive emissions from skull cracker oxygen lancing ..................... 10.18.06.02D(6) 26.11.06.02A(1)(f)

• General Exceptions—Emissions during start-up and process modifications, or occasional

cleaning of control equipment .............................................................................................. 10.18.06.02C 26.11.06.02A(2)

• Visible Emission Standards—Areas I, II, V and VI .............................................................. 10.18.06.02A 26.11.06.02C(1)

• Visible Emission Standards—Areas III, and IV ................................................................... 10.18.06.02B 26.11.06.02C(2)

• Visible emissions beyond the property lot line from any act of materials handling or construction—Areas I, II, V, and VI only ................................................................................... 10.18.06.03D 26.11.06.02C(3)

The provisions now found at COMAR

26.11.06.02A(1)(e), (g), (h), and (i) were

not part of the SIP when they were

found at COMAR 10.18.06.02C, and

therefore are not being addressed in this

action to approve the recodification of

SIP provisions action. In conjunction

with this approval action, EPA is

replacing SIP provision COMAR

10.18.01.08 [Exceptions—Case by Case]

with the provisions in COMAR

26.11.06.02B which includes the

Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations 9765

procedures by which a source may

apply for and be granted a federally

enforceable alternative visible emissions

standard.

EPA is approving the revisions

submitted on November 5, 1997, which

consist of the procedures by which a

source may apply for and be granted a

federally enforceable alternative visible

emission limit on a case-by-case basis.

As discussed above, the SIP-approved

general visible emission standards for

the entire State of Maryland are found

in 26.11.06.02C. The regulation

specifies the standards within defined

geographical areas. In Areas I, II, V, and

VI, a person may not cause or permit the

discharge of emissions from any

installation, other than water in an

uncombined form, which is greater than

20 percent opacity. In Areas III and IV,

a person may not cause or permit the

discharge of emissions from any

installation or building, other than

water in an uncombined form, which is

visible to human observers. Also, in

Areas I, II, V, and VI, a person may not

cause or permit, from any act of

materials handling or construction,

visible emissions beyond the lot line of

the property on which the emissions

originate. The procedures by which a

source may apply for and be granted a

federally enforceable alternative visible

emission limit on a case-by-case basis

are contained in 26.11.06.02B, Case-byCase Exception to Visible Emissions

Standards. Those procedures are

specific and require that a source must

submit an application for an alternative

standard which includes the following

information: a description of the

installation and air pollution controls,

process information, a demonstration

that all other applicable regulations are

met when visible emissions occur, and

a demonstration that it is an economic

burden to attain the existing visible

emission standard. The regulation

requires the use of an MDE—issued

document which lays out the criteria to

be used to determine if it is an economic

burden to meet the existing visible

emission limit. The source’s application

must include the federally-approved

and enforceable methods to be used

demonstrate that it is in compliance

with all applicable regulations when

visible emissions occur and also to

demonstrate that it can attain an

alternative visible emission standard in

conjunction with all other applicable air

pollution control requirements. After

providing the above information, a

public comment period will be provided

for all interested parties to review and

comment upon the source’s application

prior to the granting an alternative

standard. If the application is approved,

the source will be granted an alternative

visible emission standard for up to a

five year period, and the alternative

standard may be renewed. The

alternative visible emissions standard is

to be contained in an order issued by

the MDE pursuant to 26.11.06.02B. The

order is to require and specify the

federally-approved and enforceable test

methods and procedures to be used to

demonstrate that the source is in

compliance with the alternative visible

emission standard and all other

applicable requirements. The order may

contain any conditions or requirements

necessary to insure continuous

compliance with the alternative

standard. An approved alternative

visible emissions standard, applied for

and granted in accordance with all of

the SIP-approved procedures contained

in 26.11.06.02B, Case-by-Case Exception

to Visible Emissions Standards shall be

federally enforceable.

In two instances, an alternative visible

emission standard may be granted

without going through the application

process. Exceptions may be granted

without going through the process when

the application of the requirement to a

residential building housing two or

fewer families creates undue economic

hardship on the individuals residing in

it, or if the equipment being used has its

primary way of transferring heat by a

radiant method.

The procedures contained in the caseby-case visible exception in COMAR

26.11.06.02B are not applicable to the

following sources or situations because

they do not have limits as provided

under 26.11.06.02C: Burning wood in

fireplaces; open fires (except

salamanders) permitted under

provisions of COMAR 26.11.07.03, .04,

and .05.; fugitive emissions from iron

and steel production installations in

compliance with COMAR 26.11.10.03B;

fugitive emissions from metallurgical,

slot-type, byproduct coke ovens in

compliance with COMAR 26.11.10.03C;

fugitive emissions from skull cracker

oxygen lancing in compliance with

COMAR 26.11.10.04C.

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 revisions if adverse

comments are filed. This rule will be

effective on April 13, 2001 without

further notice unless EPA receives

adverse comment by March 14, 2001. 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.

II. Final Action

EPA is approving the recodifications

which revise the citations regarding

opacity and control of particulate matter

from materials handling and

construction from COMAR 10.18.06.02

and .03D to COMAR 26.11.06.02 and

.03D. EPA is also approving the

revisions to COMAR 26.11.06.02B

which provide procedures whereby a

source may apply for and be granted a

federally enforceable alternative visible

emission standard.

III. Administrative Requirements

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. 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 preexisting 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).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

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), because it 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 (62 FR

9766 Federal Register / Vol. 66, No. 29 / Monday, February 12, 2001 / Rules and Regulations

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. As required by

Section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. 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 April 13, 2001.

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

regarding recodifications to Maryland’s

opacity regulations and approval of

procedures for granting an alternative

visible emission standard 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, Particulate matter.

Dated: November 30, 2001.

Bradley M. Campbell,

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 paragraph (c)(152) to read as

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(152) Revisions to the Maryland

Regulations governing visible emissions

submitted on March 21, 1991 and

November 5, 1997 by the Maryland

Department of the Environment:

(i) Incorporation by reference.

(A) Letters from the Maryland

Department of the Environment dated

March 21, 1991 and November 5, 1997

submitting revisions to the Maryland

State Implementation Plan.

(B) Document entitled ‘‘Procedures To

Be Used To Evaluate An Application

For An Alternative Visible Emissions

Standard Under COMAR 26.11.06.02B’’.

(C) Code of Maryland Administrative

Regulations (COMAR) 10.18.06.02

(General Emission Standards,

Prohibitions, and Restrictions—Visible

Emissions), Sections 10.18.06.02A(1),

.02(A)(1)(a), .02(A)(2), and .02C(1) and

(2), effective December 3, 1984.

(D) Recodified COMAR 26.11.06.02

(General Emission Standards,

Prohibitions, and Restrictions—Visible

Emissions), Sections 26.11.06.02A(1)

[General paragraph], .02A(1)(a) through

(d) and (f), .02A(2), and .02C(1) through

(3), effective August 1, 1988.

(E) COMAR 26.11.06.02B (Visible

Emissions—Case-by-Case Exception to

the Visible Emissions Standards).

(1) COMAR 10.18.06.02B(1)(a)

through (d), .02B(2)(a), .02B(4)(a) and

(b), and .02B(5)(a) and (b), effective

December 3, 1984. This rule replaces

COMAR 10.18.01.08. [Recodified as

COMAR 26.11.06.02B, effective August

1, 1988.]

(2) COMAR 26.11.06.02B(2)(b)

through (e) and .02 B(4)(c), effective July

3, 1995.

(F) Recodified COMAR 26.11.06.03D

(Particulate Matter from Materials

Handling and Construction), effective

August 1, 1988.

(ii) Additional Material.

(A) Remainder of the March 21, 1991

submittal (MD91–01) as it pertains to

the recodification of COMAR

26.11.06.02 and 26.11.06.03D.

(B) Remainder of the November 5,

1997 submittal (MD97–02).

[FR Doc. 01–3378 Filed 2–9–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MD107–3062; FRL–6922–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Maryland; New Source Review

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Maryland.

This SIP revision amends the

requirements for major new sources and

major modifications to existing sources

of volatile organic compounds (VOCs),

and nitrogen oxides (NOX) to meet

certain new source review (NSR)

permitting requirements if they are

proposing to locate or are located within

the State of Maryland. These NSR

requirements apply not only in those

portions of Maryland designated as

ozone nonattainment areas, but

throughout the State of Maryland as the

entire state is located within the Ozone

Transport Region (OTR). EPA is fully

approving Maryland’s NSR program in

the Maryland portion of the

Metropolitan Washington, DC Ozone

Nonattainment Area and throughout the

State of Maryland with the exception of

the Baltimore Ozone Nonattainment

Area and the Maryland portion (Cecil

County) of the PhiladelphiaVerDate 11<MAY>2000 08:32 Feb 09, 2001 Jkt 194001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12FER1.SGM pfrm02 PsN: 12FER1