  	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2006-0904; FRL-    ]

   

	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 [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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:

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

     B.    E-mail:  miller.linda@epa.gov     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 website 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  miller.linda@epa.gov. 

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.  

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 [Insert date 60 days from date of publication in the
Federal Register] without further notice unless EPA receives adverse
comment by [Insert date 30 days from date of publication in the Federal
Register].  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
(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 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
(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 [insert date 60 days from date of
publication of this document in the Federal Register].  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.

_________________                   		         
_________/s/_________________

Dated:  December 18, 2006  				Donald S. Welsh,

                                      				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  26.11.01.04 to read as follows:

( 52.1070  		Identification of plan.

*		*		*		*		*

(c)* * *

       EPA-APPROVED REGULATIONS IN THE MARYLAND SIP

Code of Maryland administrative regulations (COMAR) citation	

Title/subject	

State effective date	

EPA approval date	

Additional explanation/

citation at 40 CFR 52.1100  

26.11.01	General Administrative Provisions



          *            *               *              *              *  
              *             * 

26.11.01.04 	Testing and Monitoring	6/19/06	

[Insert Federal Register publication date] [Insert page number where the
document begins]	

Paragraph .04c(2) is added



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        *           *



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