	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-1157; FRL-        ]

 

	Approval and Promulgation of Air Quality Implementation Plans;

	State of Maryland; Revised Definition of Volatile Organic Compound
(VOC)

AGENCY:     Environmental Protection Agency (EPA).

ACTION:     Direct final rule.		

SUMMARY:  EPA is taking direct final action on a revision to the
Maryland State Implementation Plan (SIP) submitted by the Maryland
Department of Environment (MDE).  The revision allows Maryland to
incorporate prospectively EPA’s definition of “Volatile organic
compounds (VOC)” as amended.  EPA is approving these revisions to the
Maryland SIP 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
R03-OAR-2007-1157 by one of the following methods:

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

     	B.    E-mail: frankford.harold@epa.gov

     	C.    Mail:   EPA-R03-OAR-2007-1157, Harold A. Frankford, Office
of Air Programs, Mailcode 3AP20, 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-2007-1157. 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:  Harold A. Frankford at (215) 814-2108,
or by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION:  

I.  Summary of SIP Revisions 

On October 24, 2007, the State of Maryland submitted a formal revision
(#07-11) to its SIP.  The SIP revision consists of a revised reference
to the Federal definition of “Volatile organic compounds (VOC)” at
40 CFR 51.100(s) which is found at COMAR 26.11.01.01B(53), Maryland(s
definition for (Volatile organic compound (VOC)(. These regulatory
revisions became effective on October 8, 2007.

 

II. Description of the SIP Revision

Maryland has revised COMAR 26.11.01.01B(53) to incorporate by reference
the EPA definition of VOC found at 40 CFR § 51.100(s), as amended.
Maryland’s current SIP definition of VOC specifically references the
2004 edition of 40 CFR § 51.100(s). This wording change allows Maryland
to incorporate by reference the current and all future revisions of 40
CFR § 51.100(s) into COMAR 26.11.01.01B(53) without requiring a
regulatory change to the Maryland rule.  Maryland states that it can
incorporate this Federal rule prospectively as a result of a change to 

§ 7-207(a)(3)(iii)2, State Government Article, Annotated Code of
Maryland, which the State enacted in 2005.    

III. Final Action

EPA is approving the amendment to COMAR 26.11.01.01B(53) as a revision
to the Maryland SIP.  EPA is publishing this rule without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comment since the revisions are administrative
changes to the state regulations.  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 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 [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 Maryland(s revised definition of
“Volatile organic compound (VOC)” 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, Ozone, Volatile organic compounds 

       February 12, 2008          		         			/s/	

_______________________	 		            _______________________	

Dated:							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 Section 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.01.01B(53) 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  



26.11.01.01	

General Administrative Provisions



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      *               *



26.11.01.01B(53)

	

Definitions- definition of Volatile organic compound (VOC)	

	

[Insert Federal Register publication date]

[Insert page number where the document begins]	

Definition reflects the current version of 40 CFR 51.100(s), as amended.




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       *               *



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