[Federal Register: June 11, 2002 (Volume 67, Number 112)]
[Rules and Regulations]               
[Page 39856-39858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn02-8]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD062-3087a; FRL-7220-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Visible Emissions and Open Fire Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the Maryland 
State Implementation Plan (SIP). These revisions establish the 
exemption of certain intermittent visible emissions (VE) at Federal 
facilities, amend open burning distance limitations, and establish 
specific requirements for safety determinations at Federal facilities. 
EPA is fully approving these revisions in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on August 12, 2002 without further 
notice, unless EPA receives adverse written comment by July 11, 2002. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
the Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460; and Maryland 
Department of the Environment, 2500 Broening Highway, Baltimore, 
Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Betty Harris, (215) 814-2168, or by e-
mail at harris.betty@epa.gov. Please note that while questions may be 
posed via telephone and e-mail, formal comments must be submitted in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 6, 1998, the State of Maryland submitted formal 
revisions to its State Implementation Plan (SIP). These revisions 
submitted by the Maryland Department of the Environment (MDE) establish 
an exemption of certain intermittent visible emissions (VE) at Federal 
facilities, amend open burning distance limitations, and establish 
specific requirements for safety determinations at Federal facilities.

II. Summary of SIP Revision

    COMAR 26.11.06.02 exempts certain intermittent visible emissions at 
Federal facilities, COMAR 26.11.07 establishes specific requirements 
that apply to safety determinations at Federal facilities, and COMAR 
26.11.07.03 (B) amends the distance limitations associated with open 
burning activities.
    The primary purpose of COMAR 26.11.06.02 is to exempt certain 
intermittent visible emissions at Federal facilities from the general 
visible emission requirements of the SIP. The function of some Federal 
facilities and other sources under contract with the Federal government 
is to test and perform demonstrations on weapons, munitions and other 
devices and to prepare safety procedures for proper handling and 
transportation. Under

[[Page 39857]]

these general provisions, the tests and demonstrations are short term 
where the visible emission is the result.
    The amendments under COMAR 26.11.07 establish specific requirements 
as it relates to safety determinations at Federal facilities. Safety 
determinations at Federal facilities include testing, training, or 
demonstrations with explosives, propellants, incendiaries, or military 
devices involving an open flame.
    The amendments under COMAR 26.11.07.03 (B) reinstate the previous 
open burning distance limitations which were inadvertently changed for 
Calvert, Cecil, Charles and Frederick counties.

III. Final Action

    EPA is approving the SIP revisions submitted by MDE on February 6, 
1998 to exempt certain intermittent visible emissions at Federal 
facilities, amend open burning distance limitations for Calvert, Cecil, 
Charles and Frederick counties, and establish specific requirements for 
safety determinations at Federal facilities. 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 August 12, 2002 without further notice unless EPA 
receives adverse comment by July 11, 2002. 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. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. 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 (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 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 August 12, 2002. 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 pertaining to Maryland SIP amending visible 
emission and open burning requirements 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, Reporting and recordkeeping 
requirements.

    Dated: May 21, 2002.
James W. Newsom,
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. Section 52.1070 is amended by adding paragraph (c)(173) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *

[[Page 39858]]

    (c) * * *
    (173) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 6, 1998 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning exemption of certain intermittent 
visible emissions requirements at Federal facilities, establishment of 
specific requirements for safety determinations at Federal facilities, 
and amendment to open burning distance limitations under the ``open 
fire'' rule.
    (B) The following additions and revisions to the Code of Maryland 
Administrative Regulations (COMAR), effective August 11, 1997:
    (1) COMAR 26.11.06.02A(1)--introductory text of paragraph (1) 
[revised], 26.11.06.02A(1)(i) [revised] and 26.11.06.02A(1)(j) [added].
    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], 
and 26.11.07.06 [added].
    (ii) Additional Materials--Remainder of the February 6, 1998 
submitted by the Maryland Department of the Environment pertaining to 
the amendments in paragraph (c)(173)(i) (B) of this section.
[FR Doc. 02-14491 Filed 6-10-02; 8:45 am]
BILLING CODE 6560-50-P