[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Rules and Regulations]
[Pages 18-20]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22414]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0904; FRL-8264-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; PM-10 Test Methods
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 incorporate by
reference EPA's test methods for particulate matter with a particle
size of 10 microns or less (PM-10). EPA is approving these revisions to
the General Administrative Provisions of the Maryland regulations in
accordance with the requirements of the Clean Air Act.
DATES: This rule is effective on March 5, 2007 without further notice,
unless EPA receives adverse written comment by February 2, 2007. 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-2006-0904 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2006-0904, Linda Miller, Acting Chief, Air
Quality Planning and Analysis Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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-
2006-0904. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or e-mail.
The 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 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
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 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 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 [email protected].
[[Page 19]]
SUPPLEMENTARY INFORMATION:
I. Background
On June 21, 2006, the State of Maryland submitted a formal revision
to its State Implementation Plan (SIP). The SIP revision consists of
regulatory amendment (Revision 06-06) which incorporates by reference
EPA's PM-10 test methods. The Maryland regulation cites test methods
used to show compliance with emission standards in COMAR 26.11.01.04.
The EPA-approved test methods found in 40 CFR Appendix A were
previously incorporated by reference in COMAR 26.11.01.04 and approved
as part of the Maryland SIP. The method for particulate matter found in
Appendix A, Test Method 5, which captures particulate matter in the
front half of the test train and finer particulates and condensables
collected in the second half. Method 5 typically analyzes the front
half of the test train. Compliance with Prevention of Significant
Deterioration permits for major sources of PM-10 requires the inclusion
of condensables. The revised PM-10 test methods included in this SIP
revision require the analysis of condensables for PM-10 emission
limits.
The EPA-approved test methods for particulate matter which are the
subject of this rulemaking are found in 40 CFR part 51, Appendix M. In
addition, the revision references an EPA conditionally approved test
method (CTM). The CTMs have been evaluated by the Agency and may be
applicable to one or more categories of stationary sources. The EPA
confidence in a method included in this category is based upon review
of various technical information including, but not limited to, field
and laboratory validation studies; EPA understanding of the most
significant quality assurance (QA) and quality control (QC) issues; and
EPA confirmation that the method addresses these QA/QC issues
sufficiently to identify when the method may not be acquiring
representative data. The method's QA/QC procedures are required as a
condition of applicability.
II. Summary of SIP Revision
The State of Maryland has submitted revisions to the list of test
methods for PM-10 for approval into the Maryland SIP. The revisions to
COMAR 26.11.04.01 incorporate by reference the following test methods
for PM-10 stack testing: Test Methods 201A and 202 (40 CFR part 51,
Appendix M); Test Method 5 (40 CFR part 60, Appendix A) with Test
method 202; Test Method 5 using front half and back half procedure;
Conditional Test Method 39 may be substituted for Test Method 202. The
revisions also include a provision for approval of alternative test
methods for PM-10 if approved by the State and EPA.
III. Final Action
EPA is approving revisions to COMAR 26.11.01.04 to incorporate by
reference EPA's PM-10 test methods. 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 March 5, 2007 without further notice unless EPA
receives adverse comment by February 2, 2007. 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.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission To Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
[[Page 20]]
``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 March 5, 2007. 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 incorporation by reference of
PM-10 stack test methods into the Maryland SIP 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: December 18, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V-- Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.01.04 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional
Code of Maryland administrative Title/subject effective EPA approval date explanation/citation
regulations (COMAR) citation date at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01........................ General Administrative Provisions
* * * * * * *
26.11.01.04..................... Testing and 6/19/06 1/3/07 [Insert page Paragraph .04c(2) is
Monitoring. number where the added.
document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E6-22414 Filed 12-29-06; 8:45 am]
BILLING CODE 6560-50-P