Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions, 21337-21340 [05-8317]

Download as PDF Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under that section. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 21337 person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any Official Patrol. (iii) Unless otherwise directed by the Official Patrol, operate at a minimum wake speed not to exceed six (6) knots. (c) Enforcement period. This section will be enforced from 5 a.m. to 8 a.m. on May 8 and 29, 2005. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS Dated: April 11, 2005. Ben R. Thomason, III, Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard District. [FR Doc. 05–8261 Filed 4–25–05; 8:45 am] BILLING CODE 4910–15–P I 1. The authority citation for part 100 continues to read as follows: I Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 I 2. Add temporary § 100.35–T05–023 to read as follows: [RME–OAR–2005–MD–0002; FRL–7904–2] § 100.35–T05–023, Severn River, College Creek, Weems Creek and Carr Creek, Annapolis, MD. Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions (a) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by the Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the U.S. Naval Academy crew races under the auspices of the Marine Event Permit issued to the event sponsor and approved by the Commander, Coast Guard Sector Baltimore. (b) Regulated area. The regulated area is established for the waters of the Severn River from shoreline to shoreline, bounded to the northwest by the Route 50 fixed highway bridge and bounded to the southeast by a line drawn from the Naval Academy Light at latitude 38°58′39.5″ North, longitude 076°28′49″ West, thence to Greenbury Point at latitude 38°58′29″ North, longitude 076°27′16″ West. All coordinates reference Datum: NAD 1983. (c) Special local regulations. (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revision consists of clarifications to the exception provisions of the Maryland visible emissions regulations. EPA is approving these revisions to the Maryland regulations in accordance with the requirements of the Clean Air Act. DATES: This rule is effective on June 27, 2005 without further notice, unless EPA receives adverse written comment by May 26, 2005. 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: Submit your comments, identified by Regional Material in EDocket (RME) ID Number RME–OAR– 2005–MD–0002 by one of the following methods: A. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. Agency Web Site: https:// www.docket.epa.gov/rmepub/ RME, EPA’s electronic public docket and comment system, is EPA’s preferred E:\FR\FM\26APR1.SGM 26APR1 21338 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations method for receiving comments. Follow the on-line instructions for submitting comments. C. E-mail: morris.makeba@epa.gov. D. Mail: RME–OAR–2005–MD–0002, Makeba Morris, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to RME ID No. RME–OAR–2005–MD– 0002. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// www.docket.epa.gov/rmepub/, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov or e-mail. The EPA RME and the Federal regulations.gov Web sites are an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the RME index at https://www.docket.epa.gov/ rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 available either electronically in RME or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of material to be incorporated by reference are available at the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov. SUPPLEMENTARY INFORMATION: I. Background The Maryland Department of the Environment (MDE) submitted a revision to the State Implementation Plan (SIP) on December 1, 2003. The revision consists of clarifications to the general visible emissions (VE) regulations and those related to specific source categories. The regulations affected by these revisions are found in Code of Maryland Regulations— COMAR 26.11.06 General Emission Standards, Prohibitions and Restrictions; COMAR 26.11.08 Control of Incinerators; COMAR 26.11.09 Control of Fuel Burning Equipment Stationary Internal Combustion Engines and Certain Fuel Burning Installations; and COMAR 26.11.10 Control of Iron and Steel Production Installations. Each of these regulations has previously been incorporated into the Maryland State Implementation Plan. II. Summary of SIP Revision This revision clarifies the intent of the VE exceptions provisions in the Maryland regulation as they relate generally and to specific source categories. The revised language will ensure that sources correctly interpret the exception provisions. The purpose of the existing regulation, which is presently included in the SIP, is to allow for a 6-minute per hour exclusion during certain activities such as load changes, adjustments and soot-blowing of boilers. The revised regulations clarify that this exception should not be applied for every hour of operation, but only during the hour in which the activity mentioned above occurs. In addition, the revised language clarifies that only periods of visible emissions less than 40 percent may qualify for the exception and that the 6-minute period PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 is any consecutive 6-minute period during the hour in which the VE is recorded. The revisions include the addition this clarifying language to: 1. COMAR 26.11.06.02 Control of Visible emissions in the General Emission Standards. 2. COMAR 26.11.08.04 Control Visible emissions for Incinerators. 3. COMAR 26.11.09.05 Control of Visible Emissions for fuel burning equipment. 4. COMAR 26.11.10.03 Control of Visible emissions for Iron and Steel Production Installations. III. Final Action EPA is approving revisions the Maryland VE exceptions provisions. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. This revision is a clarification to an existing requirement. 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 June 27, 2005 without further notice unless EPA receives adverse comment by May 26, 2005. 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 E:\FR\FM\26APR1.SGM 26APR1 21339 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations 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 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 to approve clarifications to the visible emissions exception language 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 June 27, 2005. 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 the Maryland regulations which clarify the visible emissions exception provisions, 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, Particulate matter, Reporting and recordkeeping requirements. Dated: April 19, 2005. Richard J. Kampf, Acting Regional Administrator, Region III. I 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entries for COMAR 26.11.06.02, 10.18.08 (Title), 10.18.08.04, 26.11.09.05, and 26.11.10.03 to read as follows: I § 52.1070 * Identification of plan. * * * * (c) EPA approved regulations. EPA-APPROVED REGULATIONS IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation * * 26.11.06 .......................................... * * 26.11.06.02 ..................................... [Except: .02A(1)(e), (1)(g), (1)(h), (1)(i)] * VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 * * * * EPA approval date * * 4/26/05 ............................................... [Insert page number where the document begins] * PO 00000 Additional explanation/citation at 40 CFR 52.1100 * * * General Emission Standards, Prohibitions, and Restrictions * * Visible Emissions ........... 11/24/03 * * 10.18.08/26.11.08 ........................... * State effective date Title/subject Frm 00015 Fmt 4700 * Control of Incinerators * Sfmt 4700 E:\FR\FM\26APR1.SGM * * Revised paragraph 26.11.02.02A(2). * * * * 26APR1 21340 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations EPA-APPROVED REGULATIONS IN THE MARYLAND SIP—Continued Code of Maryland administrative regulations (COMAR) citation Title/subject 10.18.08.04/26.11.08.04 ................. Visible Emissions ........... * * 26.11.09 .......................................... * * 26.11.09.05 ..................................... * 11/24/03 Additional explanation/citation at 40 CFR 52.1100 EPA approval date 4/26/05 ............................................... [Insert page number where the document begins] Revised COMAR citation; revised paragraph 26.11.08.04C. * * * * * Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain FuelBurning Installations * * Visible Emissions ........... 11/24/03 * * 26.11.10 .......................................... * * 26.11.10.03 ..................................... State effective date * * * * 4/26/05 ............................................... [Insert page number where the document begins] * * Closure. ACTION: BILLING CODE 6560–50–P NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, April 25, 2005. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the quarter (through June 30, 2005). This action is necessary to prevent the fishery from exceeding its Quarter II quota and to allow for effective management of this stock. DATES: Effective 0001 hours, April 25, 2005, through 2400 hours, June 30, 2005. FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management Specialist, 978–281–9326, Fax 978–281– 9135. 50 CFR Part 648 [Docket No. 041221358–5065–02; I.D. 042005B] Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for Loligo Squid National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: * Revised paragraph 26.11.10.03A(2) * SUPPLEMENTARY INFORMATION: SUMMARY: National Oceanic and Atmospheric Administration * * [FR Doc. 05–8317 Filed 4–25–05; 8:45 am] DEPARTMENT OF COMMERCE * Revised paragraph 26.11.09.05A(3). * * * Control of Iron and Steel Production Installations * * Visible Emissions ........... 11/24/03 * * * 4/26/05 ............................................... [Insert page number where the document begins] Regulations governing the Loligo squid fishery are found at 50 CFR part 648. The regulations require specifications for maximum sustainable yield, initial optimum yield, allowable biological catch, domestic annual harvest (DAH), domestic annual processing, joint venture processing, and total allowable levels of foreign fishing for the species managed under the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. The procedures for setting the annual initial specifications are described in § 648.21. The final rule for the 2005 annual specifications published on March 21, 2005 (70 FR 13406). The 2005 annual quota for Loligo squid is 16,744.9 mt. This amount is allocated by quarter, as shown below. TABLE 1.—Loligo SQUID QUARTERLY ALLOCATIONS Percent Metric Tons1 33.23 ...................................... 17.61 ...................................... 17.3 ........................................ 31.86 ...................................... 100 ......................................... 5,564.3 ................................... 2,948.8 ................................... 2,896.9 ................................... 5,334.9 ................................... 16,744.9 ................................. Quarter I (Jan-Mar) II(Apr-Jun) III(Jul-Sep) IV (Oct-Dec) Total 1Quarterly N/A. N/A. N/A. N/A. 255.1. allocations after 255.1–mt research set-aside deduction. Section 648.22 requires NMFS to close the directed Loligo squid fishery in the EEZ when 80 percent of the quarterly allocation is harvested in VerDate jul<14>2003 Research Set-aside 14:19 Apr 25, 2005 Jkt 205001 Quarters I, II, and III, and when 95 percent of the total annual DAH has been harvested. NMFS is further required to notify, in advance of the PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 closure, the Executive Directors of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils; mail notification of the closure to all E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Rules and Regulations]
[Pages 21337-21340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8317]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RME-OAR-2005-MD-0002; FRL-7904-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Clarification of Visible Emissions Exception Provisions

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 revision consists of 
clarifications to the exception provisions of the Maryland visible 
emissions regulations. EPA is approving these revisions to the Maryland 
regulations in accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on June 27, 2005 without further notice, 
unless EPA receives adverse written comment by May 26, 2005. 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number RME-OAR-2005-MD-0002 by one of the following 
methods:
    A. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web Site: https://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred

[[Page 21338]]

method for receiving comments. Follow the on-line instructions for 
submitting comments.
    C. E-mail: morris.makeba@epa.gov.
    D. Mail: RME-OAR-2005-MD-0002, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. RME-OAR-2005-MD-
0002. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
https://www.docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at https://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of material to be 
incorporated by reference are available at the Air and Radiation Docket 
and Information Center, U.S. Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B108, Washington, DC 20460. Copies of 
the State submittal are available at the Maryland Department of the 
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 
21230.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Maryland Department of the Environment (MDE) submitted a 
revision to the State Implementation Plan (SIP) on December 1, 2003. 
The revision consists of clarifications to the general visible 
emissions (VE) regulations and those related to specific source 
categories. The regulations affected by these revisions are found in 
Code of Maryland Regulations--COMAR 26.11.06 General Emission 
Standards, Prohibitions and Restrictions; COMAR 26.11.08 Control of 
Incinerators; COMAR 26.11.09 Control of Fuel Burning Equipment 
Stationary Internal Combustion Engines and Certain Fuel Burning 
Installations; and COMAR 26.11.10 Control of Iron and Steel Production 
Installations. Each of these regulations has previously been 
incorporated into the Maryland State Implementation Plan.

II. Summary of SIP Revision

    This revision clarifies the intent of the VE exceptions provisions 
in the Maryland regulation as they relate generally and to specific 
source categories. The revised language will ensure that sources 
correctly interpret the exception provisions. The purpose of the 
existing regulation, which is presently included in the SIP, is to 
allow for a 6-minute per hour exclusion during certain activities such 
as load changes, adjustments and soot-blowing of boilers. The revised 
regulations clarify that this exception should not be applied for every 
hour of operation, but only during the hour in which the activity 
mentioned above occurs. In addition, the revised language clarifies 
that only periods of visible emissions less than 40 percent may qualify 
for the exception and that the 6-minute period is any consecutive 6-
minute period during the hour in which the VE is recorded. The 
revisions include the addition this clarifying language to:
    1. COMAR 26.11.06.02 Control of Visible emissions in the General 
Emission Standards.
    2. COMAR 26.11.08.04 Control Visible emissions for Incinerators.
    3. COMAR 26.11.09.05 Control of Visible Emissions for fuel burning 
equipment.
    4. COMAR 26.11.10.03 Control of Visible emissions for Iron and 
Steel Production Installations.

III. Final Action

    EPA is approving revisions the Maryland VE exceptions provisions. 
EPA is publishing this rule without prior proposal because the Agency 
views this as a noncontroversial amendment and anticipates no adverse 
comment. This revision is a clarification to an existing requirement. 
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 June 27, 2005 without further notice unless EPA 
receives adverse comment by May 26, 2005. 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

[[Page 21339]]

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 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 to 
approve clarifications to the visible emissions exception language 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 June 27, 2005. 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 the Maryland 
regulations which clarify the visible emissions exception provisions, 
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, Particulate 
matter, Reporting and recordkeeping requirements.

    Dated: April 19, 2005.
Richard J. Kampf,
Acting 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

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising 
the entries for COMAR 26.11.06.02, 10.18.08 (Title), 10.18.08.04, 
26.11.09.05, and 26.11.10.03 to read as follows:


Sec.  52.1070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                                          EPA-Approved Regulations in the Maryland SIP
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
   Code of Maryland administrative                                                                                                                         Additional explanation/citation at 40
    regulations (COMAR) citation                  Title/subject               State effective date                     EPA approval date                                CFR 52.1100
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
* * * * * * *
26.11.06............................                                                   General Emission Standards, Prohibitions, and Restrictions
-------------------------------------
 
* * * * * * *
26.11.06.02.........................  Visible Emissions....................  11/24/03                4/26/05.............................................  Revised paragraph 26.11.02.02A(2).
[Except: .02A(1)(e), (1)(g), (1)(h),                                                                 [Insert page number where the document begins]......
 (1)(i)].
 
* * * * * * *
10.18.08/26.11.08...................                                                                    Control of Incinerators
-------------------------------------
 
* * * * * * *

[[Page 21340]]

 
10.18.08.04/26.11.08.04.............  Visible Emissions....................  11/24/03                4/26/05.............................................  Revised COMAR citation; revised
                                                                                                     [Insert page number where the document begins]......   paragraph 26.11.08.04C.
 
* * * * * * *
26.11.09............................                       Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
-------------------------------------
 
* * * * * * *
26.11.09.05.........................  Visible Emissions....................  11/24/03                4/26/05.............................................  Revised paragraph 26.11.09.05A(3).
                                                                                                     [Insert page number where the document begins]......
 
* * * * * * *
26.11.10............................                                                      Control of Iron and Steel Production Installations
-------------------------------------
 
* * * * * * *
26.11.10.03.........................  Visible Emissions....................  11/24/03                4/26/05.............................................  Revised paragraph 26.11.10.03A(2)
                                                                                                     [Insert page number where the document begins]......
 
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 05-8317 Filed 4-25-05; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.