Approval and Promulgation of Air Quality Implementation Plan; Maryland; Reasonably Available Control Technology Requirements for Volatile Organic Compounds, 12556-12559 [E9-6654]

Download as PDF 12556 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations terminated by virtue of one document. Amendment four adds the notice of termination as an express example in the schedule of fees under section 201.3(c)(16), specifying that the basic fee for recordation of a notice of termination containing a single title is $95, and the fee for recordation of a notice of termination containing more than one title is an additional $25 per group of 10 titles. The Office received no objections to this revision. Mailing Address for Notices of Termination Finally, because notices of termination are time–sensitive, a delay in processing may have serious consequences. Amendment five officially activates the special post office box at the Copyright Office, from which notices of termination can more easily be sorted and routed for recordation. This revision also deletes the address for the now–defunct Copyright Arbitration Royalty Panel (CARP). See 72 FR 45071 (August 10, 2007). The Office received no objections to this revision. List of Subjects in 37 CFR Part 201 Copyright. Final Regulations For the reasons set forth above, the Copyright Office amends part 201 of title 37 of the Code of Federal Regulations as follows: PART 201 – GENERAL PROVISIONS 1.The authority citation for part 201 continues to read as follows: ■ Authority: 17 U.S.C. 702. 2.Section 201.1 is amended by revising paragraph (b)(2) to read as follows: ■ § 201.1 Communication with the Copyright Office. * * * * * (b)* * * (2)Notices of Termination. Notices of termination submitted for recordation should be mailed to Copyright Office, Notices of Termination, P.O. Box 71537, Washington, DC 20024–1537. § 201.3 [Amended] 3.Amend § 201.3(c)(16) by removing the phrase, ‘‘Recordation of document, including a Notice of Intent to Enforce (NIE) (single title),’’ and adding in its place the phrase ‘‘Recordation of document (single title), e.g. a Notice of Termination or a Notice of Intent to Enforce (NIE)’’. ■ 4.Amend § 201.4 by revising paragraph (c)(3) to read as follows: sroberts on PROD1PC70 with RULES ■ VerDate Nov<24>2008 00:39 Mar 25, 2009 Jkt 217001 § 201.4 Recordation of transfers and certain other documents. * * * * * (c)* * * (3)To be recordable, the document must be legible and capable of being imaged or otherwise reproduced in legible copies by the technology employed by the Office at the time of submission. * * * * * ■ 5. follows: a. By adding paragraph (f)(1)(iii); b. By redesignating paragraph (f)(4) as (f)(5); c. By adding a new paragraph (f)(4); d. By revising redesignated paragraph (f)(5); and e. By adding paragraph (f) (6). The revisions and additions to § 201.10 read as follows: § 201.10 Notices of termination of transfers and licenses. * * * * * (f)* * * (1)* * * (iii)The copy submitted for recordation must be legible per the requirements of § 201.4(c)(3). * * * * * (4)Notwithstanding anything to the contrary in this section, the Copyright Office reserves the right to refuse recordation of a notice of termination if, in the judgment of the Copyright Office, such notice of termination is untimely. If a document is submitted as a notice of termination after the statutory deadline has expired, the Office will offer to record the document as a ‘‘document pertaining to copyright’’ pursuant to § 201.4(c)(3), but the Office will not index the document as a notice of termination. Whether a document so recorded is sufficient in any instance to effect termination as a matter of law shall be determined by a court of competent jurisdiction. (5)A copy of the notice of termination shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect. However, the fact that the Office has recorded the notice does not mean that it is otherwise sufficient under the law. Recordation of a notice of termination by the Copyright Office is without prejudice to any party claiming that the legal and formal requirements for issuing a valid notice have not been met. (6)Notices of termination should be submitted to the address specified in § 201.1(b)(2). PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Dated: March 16, 2009 Marybeth Peters, Register of Copyrights. Approved by: James H. Billington, The Librarian of Congress. [FR Doc. E9–6649 Filed 3–24–09; 8:45 am] BILLING CODE 1410–30–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0058; FRL–8780–2] Approval and Promulgation of Air Quality Implementation Plan; Maryland; Reasonably Available Control Technology Requirements for Volatile Organic Compounds AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking final action to fully approve revisions to the Maryland State Implementation Plan (SIP). The revisions pertain to Maryland’s major source volatile organic compound (VOC) reasonable available control technology (RACT) regulation. EPA is converting the conditional limited approval status of Maryland’s VOC RACT regulations to a full approval because EPA has approved all of the case-by-case RACT determinations submitted by Maryland pursuant to the generic provisions of its VOC RACT regulation as well as all of the RACT requirements for categories of VOC sources submitted by Maryland in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on May 26, 2009 without further notice, unless EPA receives adverse written comment by April 24, 2009. 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 Docket ID Number EPA– R03–OAR–2009–0058 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2009–0058, Cristina Fernandez, Chief, Air Quality Planning Branch, Mail code 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E:\FR\FM\25MRR1.SGM 25MRR1 sroberts on PROD1PC70 with RULES Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations D. 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 Docket ID No. EPA–R03–OAR–2009– 0058. 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.regulations.gov, 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 https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is 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 https:// www.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 https://www.regulations.gov index. 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 https:// www.regulations.gov 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 the State submittal are available at Maryland Department of the Environment, 1800 Washington VerDate Nov<24>2008 00:39 Mar 25, 2009 Jkt 217001 Boulevard, Suite 705, Baltimore, Maryland, 21230. FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814–2037, or by e-mail at lewis.jacqueline@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Under section 184 of the CAA, RACT as specified in sections 182(b)(2) and 182(f) applies throughout the ozone transport region (OTR). The entire State of Maryland is located within the OTR. Therefore, RACT is applicable statewide in Maryland. The major source size generally is determined by the classification of the area in which the source is located. However, for areas located in the OTR, the major source size for stationary sources of VOCs is 50 tons per year (tpy) unless the area’s ozone classification prescribes a lower major source threshold. The VOC RACT regulations that apply to source categories of VOCs are generally those VOC RACT regulations adopted by a state based upon Control Technique Guideline (CTG) documents issued by EPA. The CTGs provide ‘‘presumptive RACT emission limitations’’ for categories of major VOC sources. Major sources of VOC that are subject to RACT, but that are not covered by a regulation adopted by a state pursuant to a CTG are referred to as non-CTG VOC RACT sources. The State of Maryland was required to adopt and submit as SIP revisions VOC RACT regulations for the CTG documents issued between November 15, 1990 and the date of 1-hour ozone attainment, and the CTG documents issued prior to November 15, 1990. For major non-CTG VOC sources (not otherwise already subject to RACT pursuant to a source category regulation under the Maryland SIP), the State’s VOC RACT regulations contain a ‘‘generic’’ RACT provision. A generic RACT regulation is one that does not, itself, specifically define RACT for a source or source categories, but instead allows for case-by-case RACT determinations. The generic provisions of Maryland’s VOC RACT regulation allow for Maryland Department of the Environment (MDE) to make case-by-case RACT determinations that are then to be submitted to EPA for approval as revisions to the Maryland SIP. Lastly, the Maryland SIP includes RACT regulations submitted by Maryland and approved by EPA for categories of VOC sources not covered by a CTG. On April 5, 1991, the State of Maryland formally submitted amendments to its air quality regulations to EPA as a SIP revision. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 12557 Among the amendments submitted were revisions to Maryland Code of Regulations (COMAR) 26.11.06.06 for Maryland’s minor VOC source requirements and the addition of COMAR 26.11.19.02G, which requires RACT for major sources of VOC that are not covered by Maryland’s category specific VOC RACT regulations. The April 5, 1991 submittal was amended on June 8, 1993 to establish statewide applicability for COMAR 26.11.19.02G and to lower the RACT applicability threshold for non-CTG sources of VOC in Maryland. The expanded geographic applicability of COMAR 26.11.06.06 did result in the regulation of VOC sources which were previously not regulated. However, the MDE made other specific amendments to COMAR 26.11.06.06, found at 26.11.06.06A which narrowed the applicability of COMAR 26.11.06.06B such that certain sources in Maryland’s pre-enactment nonattainment areas that were previously subject to COMAR 26.11.06.06B were no longer covered by any enforceable emissions limit until such time as Maryland approved caseby-case VOC RACT requirements for them pursuant to the generic RACT provisions of COMAR 26.11.19.02G. This resulted in a temporary lapse of coverage for previously regulated nonCTG major VOC sources in the State of Maryland. EPA proposed conditional approval of Maryland’s April 5, 1991 and June 8, 1993 submittals pertaining to COMAR 26.11.19.02G and COMAR 26.11.06.06 on March 1, 1996 (61 FR 8009). On September 4, 1998, EPA withdrew the March 1, 1996 proposed conditional approval, and published a direct final rule (63 FR 47174) granting a conditional limited approval of the revisions to COMAR 26.11.19.02G and COMAR 26.11.06.06. In the September 4, 1998 direct final rule, EPA stated that the conditional nature of its approval would be satisfied once the MDE either (1) certifies that it has submitted caseby-case RACT proposals for all sources subject to the RACT requirements currently known to MDE; or (2) demonstrates that the emissions from any remaining subject sources represent a de minimus level of emissions as defined in the September 4, 1998 rulemaking. The MDE was to satisfy the terms of the conditional approval by a date certain no later than 12 months after the effective date of EPA’s final conditional approval. EPA also stated that the limited approval status would be converted to full approval once EPA had approved all of the case-by-case RACT requirements submitted by MDE as SIP revisions. E:\FR\FM\25MRR1.SGM 25MRR1 sroberts on PROD1PC70 with RULES 12558 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations On December 19, 2008, MDE submitted a letter to EPA, certifying that it had met the terms and conditions imposed by EPA in the September 4, 1998 (63 FR 47174) conditional limited approval. The MDE stated that it had fulfilled the terms and conditions of the conditional limited approval by submitting case-by-case VOC RACT facility determinations, categoryspecific VOC RACT and generic VOC RACT regulations for approval as SIP revisions. EPA has reviewed the Maryland SIP and determined that MDE has submitted RACT regulations for the sources covered by the CTG documents issued between November 15, 1990 and the date of 1-hour ozone attainment, and the CTG documents issued prior to November 15, 1990; case-by-case RACT requirements for three facilities under its generic VOC RACT rule; and category-specific VOC RACT regulations for the remaining VOC sources located in the State of Maryland. EPA has approved all of these Maryland submissions as SIP revisions. (See 40 CFR Part 52.1070 for the list and Federal Register citations of all EPAapproved regulations and requirements of the Maryland SIP.) For these reasons EPA is converting the conditional limited approval status of COMAR 26.11.19.02G and COMAR 26.11.06.06 to a full approval. Because EPA published its final rule granting conditional limited approval of COMAR 26.11.19.02G and COMAR 26.11.06.06 on September 4, 1998 (63 FR 47174) and that final rule had an effective date of November 3 1998, the letter submitted by MDE on December 19, 2008 satisfying the conditional nature EPA’s approval should have been submitted by MDE no later than November 3, 1998. Under 110(k)(4) of the CAA, unless the State satisfies the terms of a conditional approval of a SIP submission within a date certain which may not exceed more than 12 months from the effective date of the conditional approval, EPA is to treat the conditional approval as a disapproval. Only recently has EPA realized that MDE did not submit the letter to EPA certifying that it had met the terms and conditions imposed by EPA in the September 4, 1998 (63 FR 47174) conditional limited approval rule within the specified 12-month time period from the November 3, 1998 effective date of that rule. EPA acknowledges its oversight for not treating the September 4, 1998 (63 FR 47174) conditional approval as a disapproval for Maryland’s failure to satisfy the terms of the conditional approval within the one year period of time provided, and for VerDate Nov<24>2008 00:39 Mar 25, 2009 Jkt 217001 not commencing the sanctions clocks such a disapproval would have engendered pursuant to Section 179 of the CAA. However, at this point in time, given that MDE has submitted and EPA has approved as SIP revisions VOC RACT requirements for all major sources of VOC in that State of Maryland as required by the CAA, there is no purpose served in treating the September 4, 1998 conditional as a disapproval. If EPA had treated its conditional approval as disapproval and had commenced the sanctions clocks or imposed sanctions, the remedy to halt the clocks or lift the sanctions would have been for Maryland to submit and for EPA to approve as SIP revisions RACT for all major VOC sources in Maryland. That remedy has been fulfilled. II. Final Action EPA is converting its conditional limited approval of revisions to COMAR 26.11.19.02G and COMAR 26.11.06.06 to a full approval because Maryland has satisfied the terms and conditions imposed in EPA’s conditional limited approval published on September 4, 1998 (63 FR 47174) and because EPA has approved all of the case-by-case RACT determinations made by MDE under Maryland’s generic VOC RACT rule. EPA has reviewed the Maryland SIP and determined that MDE has submitted RACT regulations for the sources covered by the CTG documents issued between November 15, 1990 and the date of 1-hour ozone attainment, and the CTG documents issued prior to November 15, 1990; case-by-case RACT requirements for three facilities under its generic VOC RACT rule; and category-specific VOC RACT regulations for the remaining VOC sources located in the State of Maryland. EPA has approved all of these Maryland submissions as SIP revisions in accordance with the requirements of section 110 the CAA. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on May 26, 2009 without further notice unless EPA receives adverse comment by April 24, 2009. 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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. III. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). E:\FR\FM\25MRR1.SGM 25MRR1 12559 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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. 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 May 26, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action converting the conditional limited approval to a full approval of revisions to COMAR 26.11.19.02G and COMAR 26.11.06.06 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Volatile organic compounds. February 24, 2009. William T. Wisniewski, Acting Regional Administrator, Region III. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. In § 52.1070, the table in paragraph (c) is amended by revising the entry for COMAR 26.11.19.02G to read as follows: ■ § 52.1070 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE MARYLAND SIP Code of Maryland administrative regulations (COMAR) citation State effective date Title/subject * * * 26.11.19 26.11.19.02 ....... * * * 05/04/98 12/10/01 * * March 25, 2009 [Insert page number where the document begins]. * § 52.1072 * * * Volatile Organic Compounds from Specific Processes * * * Applicability, Determining Compliance, Reporting, and General Requirements. * Additional explanation/citation at 40 CFR 52.1100 EPA approval date (c) (174), (c) (175). On 2/27/03 (68 FR 9012), EPA approved a revised rule citation with a State effective date of 5/8/95 [(c)(182)(i)(D)]. * [Amended] * § 52.1073 3. In § 52.1072, the table in paragraph (d) is removed and reserved. ■ * [Amended] 4. In § 52.1073, the table in paragraph (e) is removed and reserved. ■ [FR Doc. E9–6654 Filed 3–24–09; 8:45 am] sroberts on PROD1PC70 with RULES BILLING CODE 6560–50–P VerDate Nov<24>2008 00:39 Mar 25, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12556-12559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6654]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0058; FRL-8780-2]

Approval and Promulgation of Air Quality Implementation Plan;
Maryland; Reasonably Available Control Technology Requirements for
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action to fully approve revisions to the
Maryland State Implementation Plan (SIP). The revisions pertain to
Maryland's major source volatile organic compound (VOC) reasonable
available control technology (RACT) regulation. EPA is converting the
conditional limited approval status of Maryland's VOC RACT regulations
to a full approval because EPA has approved all of the case-by-case
RACT determinations submitted by Maryland pursuant to the generic
provisions of its VOC RACT regulation as well as all of the RACT
requirements for categories of VOC sources submitted by Maryland in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on May 26, 2009 without further notice,
unless EPA receives adverse written comment by April 24, 2009. 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 Docket ID Number EPA-
R03-OAR-2009-0058 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2009-0058, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mail code 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

[[Page 12557]]

D. 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 Docket ID No. EPA-R03-OAR-
2009-0058. 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.regulations.gov, 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 https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is 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 https://www.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
https://www.regulations.gov index. 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 https://www.regulations.gov 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 the
State submittal are available at Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland,
21230.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or
by e-mail at lewis.jacqueline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 184 of the CAA, RACT as specified in sections
182(b)(2) and 182(f) applies throughout the ozone transport region
(OTR). The entire State of Maryland is located within the OTR.
Therefore, RACT is applicable statewide in Maryland. The major source
size generally is determined by the classification of the area in which
the source is located. However, for areas located in the OTR, the major
source size for stationary sources of VOCs is 50 tons per year (tpy)
unless the area's ozone classification prescribes a lower major source
threshold. The VOC RACT regulations that apply to source categories of
VOCs are generally those VOC RACT regulations adopted by a state based
upon Control Technique Guideline (CTG) documents issued by EPA. The
CTGs provide ``presumptive RACT emission limitations'' for categories
of major VOC sources. Major sources of VOC that are subject to RACT,
but that are not covered by a regulation adopted by a state pursuant to
a CTG are referred to as non-CTG VOC RACT sources. The State of
Maryland was required to adopt and submit as SIP revisions VOC RACT
regulations for the CTG documents issued between November 15, 1990 and
the date of 1-hour ozone attainment, and the CTG documents issued prior
to November 15, 1990. For major non-CTG VOC sources (not otherwise
already subject to RACT pursuant to a source category regulation under
the Maryland SIP), the State's VOC RACT regulations contain a
``generic'' RACT provision. A generic RACT regulation is one that does
not, itself, specifically define RACT for a source or source
categories, but instead allows for case-by-case RACT determinations.
The generic provisions of Maryland's VOC RACT regulation allow for
Maryland Department of the Environment (MDE) to make case-by-case RACT
determinations that are then to be submitted to EPA for approval as
revisions to the Maryland SIP. Lastly, the Maryland SIP includes RACT
regulations submitted by Maryland and approved by EPA for categories of
VOC sources not covered by a CTG.
On April 5, 1991, the State of Maryland formally submitted
amendments to its air quality regulations to EPA as a SIP revision.
Among the amendments submitted were revisions to Maryland Code of
Regulations (COMAR) 26.11.06.06 for Maryland's minor VOC source
requirements and the addition of COMAR 26.11.19.02G, which requires
RACT for major sources of VOC that are not covered by Maryland's
category specific VOC RACT regulations.
The April 5, 1991 submittal was amended on June 8, 1993 to
establish statewide applicability for COMAR 26.11.19.02G and to lower
the RACT applicability threshold for non-CTG sources of VOC in
Maryland. The expanded geographic applicability of COMAR 26.11.06.06
did result in the regulation of VOC sources which were previously not
regulated. However, the MDE made other specific amendments to COMAR
26.11.06.06, found at 26.11.06.06A which narrowed the applicability of
COMAR 26.11.06.06B such that certain sources in Maryland's pre-
enactment nonattainment areas that were previously subject to COMAR
26.11.06.06B were no longer covered by any enforceable emissions limit
until such time as Maryland approved case-by-case VOC RACT requirements
for them pursuant to the generic RACT provisions of COMAR 26.11.19.02G.
This resulted in a temporary lapse of coverage for previously regulated
non-CTG major VOC sources in the State of Maryland.
EPA proposed conditional approval of Maryland's April 5, 1991 and
June 8, 1993 submittals pertaining to COMAR 26.11.19.02G and COMAR
26.11.06.06 on March 1, 1996 (61 FR 8009). On September 4, 1998, EPA
withdrew the March 1, 1996 proposed conditional approval, and published
a direct final rule (63 FR 47174) granting a conditional limited
approval of the revisions to COMAR 26.11.19.02G and COMAR 26.11.06.06.
In the September 4, 1998 direct final rule, EPA stated that the
conditional nature of its approval would be satisfied once the MDE
either (1) certifies that it has submitted case-by-case RACT proposals
for all sources subject to the RACT requirements currently known to
MDE; or (2) demonstrates that the emissions from any remaining subject
sources represent a de minimus level of emissions as defined in the
September 4, 1998 rulemaking. The MDE was to satisfy the terms of the
conditional approval by a date certain no later than 12 months after
the effective date of EPA's final conditional approval. EPA also stated
that the limited approval status would be converted to full approval
once EPA had approved all of the case-by-case RACT requirements
submitted by MDE as SIP revisions.

[[Page 12558]]

On December 19, 2008, MDE submitted a letter to EPA, certifying
that it had met the terms and conditions imposed by EPA in the
September 4, 1998 (63 FR 47174) conditional limited approval. The MDE
stated that it had fulfilled the terms and conditions of the
conditional limited approval by submitting case-by-case VOC RACT
facility determinations, category-specific VOC RACT and generic VOC
RACT regulations for approval as SIP revisions.
EPA has reviewed the Maryland SIP and determined that MDE has
submitted RACT regulations for the sources covered by the CTG documents
issued between November 15, 1990 and the date of 1-hour ozone
attainment, and the CTG documents issued prior to November 15, 1990;
case-by-case RACT requirements for three facilities under its generic
VOC RACT rule; and category-specific VOC RACT regulations for the
remaining VOC sources located in the State of Maryland. EPA has
approved all of these Maryland submissions as SIP revisions. (See 40
CFR Part 52.1070 for the list and Federal Register citations of all
EPA-approved regulations and requirements of the Maryland SIP.) For
these reasons EPA is converting the conditional limited approval status
of COMAR 26.11.19.02G and COMAR 26.11.06.06 to a full approval.
Because EPA published its final rule granting conditional limited
approval of COMAR 26.11.19.02G and COMAR 26.11.06.06 on September 4,
1998 (63 FR 47174) and that final rule had an effective date of
November 3 1998, the letter submitted by MDE on December 19, 2008
satisfying the conditional nature EPA's approval should have been
submitted by MDE no later than November 3, 1998. Under 110(k)(4) of the
CAA, unless the State satisfies the terms of a conditional approval of
a SIP submission within a date certain which may not exceed more than
12 months from the effective date of the conditional approval, EPA is
to treat the conditional approval as a disapproval. Only recently has
EPA realized that MDE did not submit the letter to EPA certifying that
it had met the terms and conditions imposed by EPA in the September 4,
1998 (63 FR 47174) conditional limited approval rule within the
specified 12-month time period from the November 3, 1998 effective date
of that rule. EPA acknowledges its oversight for not treating the
September 4, 1998 (63 FR 47174) conditional approval as a disapproval
for Maryland's failure to satisfy the terms of the conditional approval
within the one year period of time provided, and for not commencing the
sanctions clocks such a disapproval would have engendered pursuant to
Section 179 of the CAA. However, at this point in time, given that MDE
has submitted and EPA has approved as SIP revisions VOC RACT
requirements for all major sources of VOC in that State of Maryland as
required by the CAA, there is no purpose served in treating the
September 4, 1998 conditional as a disapproval. If EPA had treated its
conditional approval as disapproval and had commenced the sanctions
clocks or imposed sanctions, the remedy to halt the clocks or lift the
sanctions would have been for Maryland to submit and for EPA to approve
as SIP revisions RACT for all major VOC sources in Maryland. That
remedy has been fulfilled.

II. Final Action

EPA is converting its conditional limited approval of revisions to
COMAR 26.11.19.02G and COMAR 26.11.06.06 to a full approval because
Maryland has satisfied the terms and conditions imposed in EPA's
conditional limited approval published on September 4, 1998 (63 FR
47174) and because EPA has approved all of the case-by-case RACT
determinations made by MDE under Maryland's generic VOC RACT rule. EPA
has reviewed the Maryland SIP and determined that MDE has submitted
RACT regulations for the sources covered by the CTG documents issued
between November 15, 1990 and the date of 1-hour ozone attainment, and
the CTG documents issued prior to November 15, 1990; case-by-case RACT
requirements for three facilities under its generic VOC RACT rule; and
category-specific VOC RACT regulations for the remaining VOC sources
located in the State of Maryland. EPA has approved all of these
Maryland submissions as SIP revisions in accordance with the
requirements of section 110 the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on May 26, 2009 without further
notice unless EPA receives adverse comment by April 24, 2009. 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.

III. Statutory and Executive Order Reviews

A. General Requirements

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 12559]]

In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

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 action 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.
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 May 26, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action converting the conditional limited
approval to a full approval of revisions to COMAR 26.11.19.02G and
COMAR 26.11.06.06 may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.

February 24, 2009.
William T. Wisniewski,
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 entry for COMAR 26.11.19.02G to read as follows:

Sec. 52.1070 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland State Additional explanation/
administrative regulations Title/subject effective EPA approval date citation at 40 CFR
(COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.02................ Applicability, 05/04/98 March 25, 2009 [Insert (c) (174), (c) (175).
Determining 12/10/01 page number where the On 2/27/03 (68 FR
Compliance, document begins]. 9012), EPA approved a
Reporting, and revised rule citation
General Requirements. with a State
effective date of 5/8/
95 [(c)(182)(i)(D)].

----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec. 52.1072 [Amended]

0
3. In Sec. 52.1072, the table in paragraph (d) is removed and
reserved.

Sec. 52.1073 [Amended]

0
4. In Sec. 52.1073, the table in paragraph (e) is removed and
reserved.
[FR Doc. E9-6654 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P

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